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Agenda 10/23/2001 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CLERK TO BOARD 4TM FLOOR FP:3 lIND: I CV:0 AGENDA October 23, 2001 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THiS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 October 23, 2001 INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor G. Dale Benson, Naples First Church of the Nazarene e AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended 3. PROCLAMATIONS Proclamation for Red Ribbon Week to be recognized during the week of October 20-31, 2001. To be accepted by Bob Hignite, (David Lawrence Center); Marlene E. Strollo (Informed Families); Youth from SWAT (Students Working Against Tobacco) and Paula Arrubla (Health Department). Proclamation to support the application for grant funding to the Florida Communities Trust by the Conservancy of Southwest Florida for the acquisition of Little Palm Island. (Commissioner Carter) SERVICE AWARDS Five-Year Attendees: 1) Mohan Thampi, Public Utilities Engineering 2) Susan Murray, Planning Services 3) Kenneth Dozier, Parks and Recreation 4) Alicia Abbott, Public Utilities Engineering 5) Jonnie Ferrell, Social Services 6) Linda Ravita, Social Services 7) Susan Anderson, Library 8) William Sims, Fleet Management Ten-Year Attendees: 2 October 23, 2001 9) Henrietta Bucholtz, Emergency Medical Services 10)Anthony Duesterhoeft, Fleet Management 11)Stanley Chrzanowski, Community Development Fifteen-Year Attendees: 12)John Yonkosky, Utility Billing 13)Scott Fuller, Wastewater Collections 14)Erin Percival, Emergency Medical Services 15)Dale Waller, Wastewater 16)Gerald Ballard, Building Review 17)William Litsinger Jr., Planning Services Twenty-Year Attendees: 18)Francisco Llorca, Road and Bridge 19)Dennis Mazzone, Code Enforcement 20)Mary Ann Mehlmouer, Library PRESENTATIONS A. Recommendation to recognize Beverly Fields, Lieutenant, Emergency Medical Services, as Employee of the Month for October 2001. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics B. Public Petition to discuss the 2002 July 4th Festival and Fireworks Display. 7. BOARD OF ZONING APPEALS 3 October 23, 2001 8. ADVERTISED PUBLIC HEARINGS A. This item has been deleted. THIS ITEM WAS CONTINUED FROM THE OCTOBER 9~ 2001 BCC MEETING AND IS FURTHER CONTINUED TO THE NOVEMBER 137 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2001-AR-500, R. Bruce Anderson, Esquire, of Young, VanAssenderp, Varnadoe and Anderson, P.A., representing the Skinner and Broadbent Development Company Inc., Contract Purchaser, requesting to repeal the current Falling Waters Beach Resort PUD and to adopt a new PUD for the purpose of adding self-storage (SIC #4225) to the list of permitted uses and removing some of the permitted uses including restaurants, fast food restaurants, food markets and automobile service stations from the community commercial tracts of the PUD, the subject property is located in the East side of Collier Boulevard (CR-951), approximately 400 feet North of Tamiami Trail and Collier Boulevard Intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, the Falling Waters PUD consists of 74.37 acres, the Community Commercial Tracts consist of 4+ acres. This item has been deleted. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 257 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUD-2000-21, Robert L. Duane, A.I.C.P., of Hole Montes, Inc., representing Robert Vocisano and Angelo Favretto, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Terafina PUD for a maximum of 850 residential dwelling units, golf course, and clubhouse, for property located approximately 1.5 miles east of 1-75, one mile north of Immokalee Road (C.R. 846), in Section 16, Township 48 South, Range 26 East, Collier County, Florida, consisting of 646.5+ acres. This item has been deleted. THIS ITEM WAS CONTINUED FROM THE OCTOBER 97 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-92-08(1), Dwight Nadeau of RWA Inc., representing William T. Higgs, requesting 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 acres 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. G. This item has been deleted. 4 October 23, 2001 0 BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Emergency Medical Services Advisory Council. B. Appointment of member to the Forest Lakes Roadway & Drainage Advisory Committee. C. Appointment of members to the Historical/Archaeological Preservation Board. D. Appointment of members to the Workforce Housing Advisory Committee. E. Appointment of members to the Health and Human Services Advisory Committee. F. Appointment of one commissioner and one alternate commissioner to serve on the Canvassing Board for the year 2002. 10. COUNTY MANAGER'S REPORT A. Presentation of Capital Project Tracking Model for County Projects. (Tom Wides, Interim Public Utilities Administrator) B. This item has been deleted. Recommendation that the Board of County Commissioners authorize a one week fund raising program during the week beginning with Veteran's Day (November 12, 2001) throughout all major County Government Facilities to generate donations for the American Red Cross in support of September 11th Relief. (Thomas W. Olliff, County Manager) Resolution relating to the County Incentive Grant Program (ClGP), Chapter 339.2817 of the Florida Statutes. (Norman Feder, Transportation Administrator) Ew Request the Board accept a donation of American Flag Banners for the US41 East Street Light Poles and authorize the installation. (Norman Feder, Transportation Administrator) FB This item has been deleted. 5 October 23, 2001 G. Authorize and approve purchase of last remaining out-parcel owned by Ricky Stauffer in Barefoot Beach Preserve. (Leo Ochs, Assistant County Manager) 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) Execute Satisfaction of Code Enforcement Lien established in Collier County v. Bias Valsez and Roberto Soto. 2) Award of Bid 01-3276 for Records Management Services. 3) Approval of an Addendum to Lease Agreement between CPOC Realty, LLC and Collier County for office space utilized by Housing and Urban Improvement. 4) THIS ITEM WAS CONTINUED FROM THE OCTOBER 9~ 2001 BCC MEETING. Request to approve for recording the Final Plat of "Berkshire Commons Parcel 1, 2, 3". 5) Request to grant Final Acceptance of the Roadway, Drainage, Water and Sewer Improvements for the Final Plat of "Pelican Strand Replat - 7". 6) Request to grant Final Acceptance of the Roadway, Drainage, Water and Sewer Improvements for the Final Plat of "Pelican Strand Replat - lB". 7) Request to grant Final Acceptance of the Roadway, Drainage, Water and Sewer Improvements for the Final Plat of "Pelican Strand Replat - 4". 6 October 23, 2001 8) Request to grant Final Acceptance of the Roadway, Drainage, Water and Sewer Improvements for the Final Plat of "Pelican Strand Replat - 5". 9) Request to grant Final Acceptance of the Roadway, Drainage, Water and Sewer Improvements for the Final Plat of "North Collier Industrial Center". 10)Agreement with Quail II Development to pay for improvements to the Cocohatchee Weir. 11)Request to approve for recording the Final Plat of "Majorca Unit Two at Fiddler's Creek". 12) Recommendation that the Board of County Commissioners approve Work Order WMI-FT-01-08 within Contract 99-2981 with Wilson Miller for fixed term land surveying and photogrametric services. 13)CARNY-2001-AR-1604, Reverend Joseph Spinelli, O.S.A., Pastor of the St. Elizabeth Seton Parish, requesting a permit to conduct a carnival/festival on November 7, 8, 9, 10 and 11, 2001, on their property located at 5325 28th Avenue SW to raise funds for the operation of the Church and Elementary School in Golden Gate. 14) Third Amendment to the 2001 Tourism Agreement between Collier County and the Tourism Alliance of Collier County to include expenditures up to $500,000 for the Disaster Recovery Marketing Plan for Collier County from the Disaster Recovery Fund. B. TRANSPORTATION SERVICES 1) Requesting direction to revise the enabling ordinance that sets forth the requirements for the Immokalee Beautification Municipal Services Taxing Unit (MSTU) Advisory Committee. 2) Implement an automated central irrigation control system for managing roadway beautification improvements. 3) Resolution requesting the State of State of Florida to retain US41 in Eastern Collier County as a State Road under the Florida Department of Transportation. 4) Approve an Agreement for Sale and Purchase to acquire property for the benefit of the Wiggins Bay Drainage Basin. 5) Award of RFP01-3280 "Installation and Maintenance of Street Lights". 8) Approve the Acquisition of Perpetual, Non-Exclusive, Road Right-of-Way, Utility, Drainage, Maintenance and Temporary Construction Interests by easement for the future construction of four-laning roadway improvements 7 October 23, 2001 for County Barn Road between Davis Boulevard (SR 84) and Rattlesnake Hammock Road (CR 864) CIE No. 33. 7) Approve Work Order No. WD-055 with Douglas N. Higgins Inc., for replacement of a culvert on Goodland Road, Project No. 60047. 8) City-County Emergency Wastewater Interconnect. C. PUBLIC UTILITIES 1) Approve a Change Order to Contract 00-3033, Hideaway Beach T-Groin Construction and the Associated Tourist Development Council Grant Application, Project 10257. 2) Approve funds for expenses related to Water Festival 2002. 3) Approve Addendum No. 2 to Effluent Agreement by and between the Board of County Commissioners of Collier County, Florida, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, and Windstar Club, Inc., a Florida Corporation. 4) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. 5) Approval and Execution of Satisfactions of Notice of Claim of Lien for sanitary sewer system impact fee. 6) Approval and Execution of Satisfactions of Notice of Promise to pay and agreement to extend payment of water and/or sewer system impact fees. 7) Approve a Budget Amendment renewing funds for acquisition of land from Willing Sellers for properties adjacent to the existing Naples Landfill. 8) Award Contract for "Chlorinator Equipment Maintenance" to Water Treatment and Controls Company. 9) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. 10) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. 8 October 23, 2001 11)Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. 12) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. 13) Approve the Satisfaction of Lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. 14) Approve a Professional Engineering Design Work Order with Metcalf and Eddy, Inc., for a new reverse osmosis raw water supply wells for the North County Regional Water Treatment Plant, Project 70075. 15) Approve Committee Selection of Firms for Contract #01-3272 "Production of Beach Compatible Sand". 16) Approve a Professional Engineering Work Order with Metcalf and Eddy, Inc., for wellfield remediation for the reverse osmosis raw water supply wells for the North County Regional Water Treatment Plant. D. PUBLIC SERVICES 1) Request Board of County Commissioner approval of Work Order BSSW-00- 15 to enable the Library to hire an architectural firm to complete plans for the Immokalee Branch Library Expansion. 2) Approve Grant Application for improvements and expansion of dock, picnic shelter and restroom at Bayview Park. 3) Approval of interlocal agreement with District School Board of Collier County for School Nursing Services. E. ADMINISTRATIVE SERVICES 1) 2) Approve an additional thirty (30) day extension of Contract #98-2828, Records Management Services. To approve a Lease Agreement between Solar, L.C., and Collier County for warehouse space. 9 October 23, 2001 3) 4) Approval of a First Amendment to Standard Agreement for Central Office Space Lease and License between Collier County and Sprint-Florida, Incorporated, concerning a county-occupied communications tower. Approve enhanced security measures at the Main Government Complex and Development Services Building. F. EMERGENCY SERVICES 1) Approve Budget Amendments to appropriate revenue for a Florida Department of Agriculture, Division of Forestry Matching (50%) Grant Award and to transfer and appropriate matching funds from the Isles of Capri Fire Control District Reserve for contingencies. 2) Approve a Memorandum of Understanding between the Ochopee Fire Control District and the National Park Service, Big Cypress National Preserve. 3) Approve Budget Amendments to appropriate revenue for a Florida Department of Agriculture, Division of Forestry Matching (50%) Grant Award and to transfer and appropriate matching funds from the Ochopee Fire Control District Reserve for Contingencies. G. COUNTY MANAGER 1) Approval of a $300,000 Advance to the Tax Collector for Land Acquisition required due to the assumption of Drivers License Operations from the State of Florida. H. AIRPORT AUTHORITY 1) Budget Amendment for Marco Island Executive Airport Rotating Beacon. BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for approval for payment to attend Lake Trafford's New Beginning Celebration Dinner. (Commissioner Coletta) J. MISCELLANEOUS CORRESPONDENCE 10 October 23, 2001 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Authorize an Agreement with the City of Naples for Election Services. L. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners authorize the payment of surplus proceeds from the sale of a mobile home located at Lot #94, in Southwind Village, 94 Cleveland Court, Naples, Florida, pursuant to §715.109, Florida Statutes. 2) Approve the Settlement Agreement relating to Parcels No. 175A, 575A, and 575B, in the Lawsuit Styled Collier County v. Hiwasse, Inc., Case No. 01- 1088-CA. 3) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 106 in the Lawsuit entitled Collier County v. Joan F. Tobin, et al., (Traffic Signal Easement, Project No. 60171). 4) Approve the agreed order awarding expert fees relative to the easement acquisition of Parcel 168 in the Lawsuit entitled Collier County v. James R. Nash, et al, Case No. 01-0757-CA (Livingston Road, Project No. 60071). 5) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel No. 271 in the Lawsuit entitled Collier County v. Jeffrey Gargiulo, et al, (Golden Gate Boulevard, Project No. 63041). 6) Authorize the making of an Offer of Judgment to Respondent, Joseph DeLucia, Trustee, for Parcel 199 in the amount of $2,000.00 in the Lawsuit styled Collier County v. Joseph DeLucia, Trustee, et al, Case No. 00-0938- CA, Project No. 63041. 7) Authorize the making of an Offer of Judgment to Respondents, Margery Baker and Fred Abdner Lavoie, for Parcel 281 in the Amount of $2,000.00 in the Lawsuit styled Collier County v. William H. Blanton, et al, Case No. 00- 1969-CA, Golden Gate Boulevard, Project 63041. 8) Authorize the making of an Offer of Judgment to Respondents, Samuel Trujillo and Sandra I. Gines, for Parcel 231 in the amount of $800.00 in the Lawsuit styled Collier County v. Richard A. Gower, et al, Case No. 00-1396- CA, Project No. 63041. 11 October 23, 2001 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRI'I-I'EN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. To Adopt a Resolution approving amendments to the Fiscal Year 2000-01 Adopted Budget. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2001-AR1365 to disclaim, renounce and vacate the County's and the Public's interest in a portion of a 10' wide utility easement located on Lots 45 and 46, Block "B", according to the Plat of "Colliers Reserve" as recorded in Plat Book 20, Pages 59 through 87, Public Records of Collier County, Florida, located in Section 22, Township 48 South, Range 25 East. To Adopt an Ordinance establishing standards for creation and review of County Boards; providing definitions; providing for creation of new boards; providing exemption; providing qualifications and requirements for membership; providing process of appointment; providing terms of office; providing attendance requirement; providing schedule for review of boards; and repealing Ordinance No. 86-41 as amended. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-2001-AR-1105 Lodestar Tower Inc., a Spectrasite Company representing Florida Department of Transportation (FDOT) requesting a conditional use for communications tower on a parcel of land zoned "CON/ACSC/ST" conservation for a property located on the south side of 1-75, approximately 50 miles east of Collier Boulevard (CR- 951) on Interstate 1-75 in Section 1, Township 50 South and Range 34 East (Mile Marker 51.2), the site consists of 3.740 square feet. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-2001-AR-1103 Lodestar Tower Inc., a Spectrasite Company representing Florida Department of Transportation (FDOT) requesting a conditional use for communications tower on a parcel of land zoned "CON/ACSC/ST" conservation for a property located on the south side of 1-75, approximately 38 miles east of Collier Boulevard (CR- 951) on Interstate 1-75, in Section 1, Township 50 South and Range 32 East (Mile Marker 63.3), the site consists of 10.940 square feet. 12 October 23, 2001 THIS ITEM IS BEING CONTINUED TO THE NOVEMBER 137 2001 BCC AGENDA. Petition PUDZ-01-AR-620, Anita L. Jenkins of Wilson Miller Inc., representing Long Bay Partners, LLC, requesting a rezone from "A" Rural Agricultural and PUD to "PUD" Planned Unit Development to be known as Mediterra having the effect of adding 213.7 acres to Mediterra PUD, reducing density and adding a Village Center District with a maximum of 20,000 square feet of floor area for property located on the East and West side of Livingston Road and approximately one mile West of 1-75, in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. An Ordinance amending Collier County Ordinance No. 97-8, the False Alarm Ordinance, eliminating false alarm report forms; requiring an annual registration form for each false alarm system; eliminating fine for second false alarm; authorizing notice to appear in court for sixth or subsequent false alarms; providing for false alarm prevention educational program classes and certificates of attendance; providing for inclusion in the Code of Laws and Ordinances; providing for an effective date with a deferred enforcement date of November 1,2001. Approve an Ordinance of the Board of County Commissioners of Collier County, Florida, ratifying and further authorizing the more efficient administration of the County's Community Development Block Grant (CDBG) Program funded by the U.S. Department of Housing and Urban Development (HUD) by providing for participation in the CDBG Program through Federal Fiscal Years 2001-2005, and by providing for more clearly defined delegation of signature authority for CDBG Program Documents to specified County officials; providing for conflict and severability; and providing for an effective date. Approve and adopt the Consolidated Utility Standards and Procedures Ordinance, approve the Collier Utilities Technical Standards Manual as the official procedures and process manual and simplify the procedures to revise and maintain technical details and standards. An Ordinance repealing Collier County Ordinance No. 80-45, the Retreat Unit One Street Lighting Municipal Service Taxing District (MSTU); providing for inclusion in Code of Laws and Ordinances; providing conflict and severability; providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 October 23, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 23, 2001 ADD: ITEM 5 TO BE HEARD AS FIRST PRESENTATION - Presentation by the Honorable Guy Carlton, Collier County Tax Collector, of FY '01 turn back funds. (Staff request.) CONTINUE: ITEM 5(A) TO NOVEMBER 27, 2001 Recommendation to recognize Beverly Fields, Lieutenant, medical services, as employee of the month for October, 2001. request.) MEETING: emergency (Recipient ADD: ITEM 5(B): Accept a $15,645 donation from Herbert J. and Margaret S. Sugden to the Collier County Parks and Recreation Department. (Staff request.) ADD: ITEM 5(C): Acceptance of $100,000 donation from Herbert J. and Margaret S. Sugden to the Collier County Public Library. (Staff request.) ITEM 8(D): CONTINUE TO NOVEMBER 13, 2001 MEETING: PUD-2000-21, Robert L. Duane, A.I.C.P., of Hole Montes, Inc., representing Robert Vocisano and Angelo Favretto, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Terafina PUD for a maximum of 850 residential dwelling units, golf course, and clubhouse, for property located approximately 1.5 miles east of 1-75, one mile north of Immokalee Road (C.R. 846), in Section 16, Township 48 South, Range 26 East, Collier County, Florida, consisting of 646.5+ acres. (Petitioner request.) ITEM 10(G) TO BE HEARD AT 10:00 A.M. Authorize and approve purchase of last remaining out-parcel owned by Ricky Stauffer in Barefoot Beach Preserve. (Staff request.) ADD ITEM 10(I) Authorization for the BCC Chairman to sign and send letters to the Collier County legislative delegation requesting their opposition to proposals to increase the County portion of Medicaid nursing home and hospital costs. (Staff request.) CONTINUE: ITEM 16(A)4 TO NOVEMBER 13, 2001 MEETING: (This item was continued from the October 9, 2001 meeting.) Request to approve for recording the Final Plat of "Berkshire Commons Parcel 1, 2, 3". (Staff request.) MOVE: ITEM 16(A)14 TO ITEM 10(H): Third Amendment to the 2001 Tourism Agreement between Collier County and the Tourism Alliance of Collier County to include expenditures up to $500,000 for the Disaster Recovery Marketing Plan for Collier County from the Disaster Recovery Fund. (Staff request.) MOVE: ITEM 16(B)8 TO 16(C)17: City-County Emergency Wastewater Interconnect. (Staff request.) ADD: ITEM 16(B)9: Request approval for temporary "No Through Truck" signs at specified locations adjacent to the Naples Park neighborhood. (Commissioner Carter request.) ADD ITEM 16(B)10: Request to waive the right-of-way permit fees for the Tropicana Boulevard Beautification Project, as requested by the Golden Gate Beautification Municipal Services Taxing Unit (MSTU) Advisory Committee. (Staff request.) ADD: ITEM 16(F)4 (This item was continued from the September 11, 2001 meetinq.) Approval of a resolution amending the Collier County Ambulance Service User Fees. (Staff request.) CONTINUE: ITEM 17H TO NOVEMBER 13, 2001 MEETING. An ordinance ratifying and further authorizing the more efficient administration of the County's Community Development Block Grant (CDBG) program funded by the U.S. Department of Housing and Urban Development (HUD) by providing for participation in the CDBG program through Federal Fiscal Years 2001-2005, and by providing for more clearly defined delegation of signature authority for CDBG program documents to specified County officials; providing for conflict and severability; and providing for an effective date. (Staff request.) WI4EI~A$, P~OCl~,I/,fA T~ON pe~vetr~ ~ourc~s have been dt~maHcally cut, pm~r~m~ and c~mmunity ba~d efforts or~ a~ked to c~ trnn~ with/ets and community · orWces compete for remaJnin~ limited supl~l'; and, substance atntse J$ the mo~ common risk factor impacting our b~ha~l ~al~, ~i~l~ f~ ~ you~ ~oplt, :~hori~ d~/im~, ~en ~. ~/~, child ab~ a~ WoI~ a~ m f~h; a~, faa/lies face unprecedented pressure~s amt sirems imposed upon them by ~ al~e/ntJ~ na~ of today's $~t:ittl~; ar~, prtwnHon and imtJon iff'ores continue to Jn~ nan-use of alcohol, tobacco and othe- dr[~ abuse, it still remain~ prevalent in eve:?, Florida cammun#y; and. Florid/ohS mu~ recommH to str~t~henin~ familia, ,~i~hi~hooc~, and cammuni~'~ and educatin~ our citJzel~ obo~ prevention in every F/or/da research and data rtfhtct unquts~tionab/y that pr~tvention wori~ and that mm comm#~en? to education, pnvent/on and positive life~tyla is Jmpeentive; and, u~ited effort to rapport and fo r~memb~r the WHEREAS, importance of in which WHEREAS, year round WI-IEREA$, citizen~ of dru~ abuse NOW of Co/liar County, hTorida, a~ and encourage all Collier to ~fnbolize our commi~tr~ to healthy and m~e eoch citLten, and to part/c/pate in event~ throughout the week and theou~hau~ the ye~e that z~ppo~ positive life~tyle~. DONE AND ORDERED Tt-l~$ P3~ D~y of Oct~bar POOl. 80ARD OF CO~}IVl'Y CO~ONER~ E$ D. CARTER, Ph. O., CAIAZR~fAN l A GEI~).~ :ITEM No. ~ OCT ~' _ Pg' PROCLAA~A TION the 87 acres of land known as Little Pain Island is a beautiful remnant of wetland and up/and wilderness in the m/dst of rapidly grow/mE North Naples; and, WHEREAS, this land/s habitat for many species of flora and fauna rarely found on this scale in urban areas, some listed/n some degree of concern, including bald eagle, great horned ow/, gopher tortoise, cypress, pine, palmetto and wad/mE b/mis; and, this site contains particularly f/ne habitat for the gopher tortoise, a Florida Spec/es of Spec/al Concern, as evidenced by over 200 ex/st/mE burrows and an est/mated gO some tortoises Iiv/n9 ons/te; and. WHEREAS, there is a need for more pass/ye recreational, natural parks Collier County which are easily accessible to the urban as articulated/n several stud/es and po#s, including the recent Community Character Study Report; and, F/HEREA$, Little Palm Island/s under imminent development plans as are most other remnant urban wilderness sites, and most of the above posff/ve qua#ties wouM be consequent/)' lost; and, J4/HEREA$, the surround/mE neighborhoods have been very support/ye of acquisition of Little Palm Island for a park preserve; and, the F/or/da Communities Trust, an agency of the Department of Community A£fa/rs, has a grant program designed to fund community proJects such as this where/and acquisition offers great benefits for a community, such as Collier Count.. NOW THEREFORE, be it proclaimed that the Board of County Commissioners does hereby wholeheartedly support the application for grant fund/mE to the F/or/da Communities Trust by the Conservancy of Southwest F/or/da for the acquisition of Little Palm Island. DONE AND ORDERED THIS 23rdOay of October 2001. 80ARD OF COUNTY CO~/kfI55IONER5 COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK J'AA4E$ b. CARTER, Ph.D., CHAIRARAN AGE~I~QTEM No. ocr z 3 2001 Pg. / EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE BEVERLY FIELDS, LIEUTENANT, EMERGENCY MEDICAL SERVICES, AS EMPLOYEE OF THE MONTH FOR OCTOBER 2001. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Lieutenant Beverly Fields is a very honest, hard working individual who performs her duties well above expectations. Her self-giving to others is what makes Lieutenant Fields stand out from the rest of her colleagues. Lieutenant Fields volunteers her time to assist her colleagues in many different ways. She has on several occasions taken them to medical appointments when they lacked transportation. She volunteers at the Immokalee Fire Department, thus sacrificing her time for the citizens of Immokalee. Most importantly, Lieutenant Fields has raised money to purchase a motorized wheelchair for Firefighter Jason Burr, who is disabled from a motor vehiclE; accident, and relies on a wheelchair to get around. Lieutenant Fields not only found a motorized wheelchair that was economical, but also saved $3000 by way of hard work, negotiating, and searching for one that suited Firefighter Burr's needs. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the employee's department budget. RECOMMENDATION: That Lieutenant Beverly Fields, be recognized as the "Employee of the Month" for October 2001. ~,//~///~ PREPARED BY: ~ ~ DATE: Dawn Ragon~, Adr~inistrative Assistant APPROVED ~/~eorge PC/Bradley,~'iuman Res~;Erces uirec[or AGEND...A i~EM No. OCT 2 3 2001 Pg._ ,/ EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS ACCEPT A $15,645 DONATION FROM HERBERT J. AND MARGARET S. SUGDEN TO THE COLLIER COUNTY PARKS & RECREATION DEPARTMENT Objective:_ Receive approval of 'the Board of County Commissioners to accept a donation of $15,645 to the Collier County Parks & Recreation Department to be used at Sugden Park. Consideration: Herbert J. and Margaret S. Sugden wish to donate $15,645 in stock certificates to the Collier County Parks & Recreation Department. This $15,645 will be used to purchase seat backs for the bleachers at the Sugden Regional Park Ampitheater. Fiscal Impact: The Collier County Finance Department will receive the stock certificates and sell them according to policy. The moneys received ($15,645) will be deposited in General Fund (001), Parks and Recreation Beach and Water. Growth Manaeement: action. There is no impact to The Growth Management Plan related to this Recommendation: Staff recommends that the Board accept the $15,645 donation from Herbert J. and Margaret S. Sugden to the Parks & Recreation Department and approve any related budget amendments needed to place the funds in expenditure accounts. Prepared by: ~_~ ~~ Date: Murdo Smith, Beach & Water ~uperintendent Parks and Recreation Department by: Marla Olsvig Ramsey, Director Department of Parks and Recreation Date: Peter Kraley Interim Public Se Administrator Date:. EXECUT]:¥E SUMMARY ACCEPTANCE OF $1-00,000 DONATZON FROM HERBERT ,T. AND MARGARET .~. SUGDEN TO THE ¢OI.J, ZER COUNTY PUBLZ¢ OB,TECTIVE: Receive approval of the Board of County Commissioners to accept a donation of $100,000 to the Collier County Public Library and to name the auditorium in the new Headquarters Library '$ugden Theater'. CONSIDERATIONS: Herbert ,T. and Margaret S. Sugden wish to donate $100,0OO in stock certificates to the Collier County Public Library. Tn return, we request that the BCC name the auditorium in the new Headquarters Library the '$ugden Theater'. The Friends of the Library of Collier County have facilitated this donation to the Library. F'r$CAL IMPACT: Collier County Finance Department will receive the stock certificates and sell them according to policy. The moneys received will be deposited in the Library's Trust Fund. (Fund 612) The donation will be used to provide enhancements to the new Headquarters Library. ~:~OWTH MANAGEMENT IMPACT: None. RECOMMENDA'I-ZON: Staff recommends that the Board accept the $100,000 donation from Herbert J. and Margaret $. Sugden and approve naming the Library auditorium the '$ugden Theater'. ]~n addition, Staff recommends that the Board approve any related budget amendments needed to place the funds in appropriate expenditure accounts. Prepared by: DATE: Reviewed and ~ Approved by: ~ DATE:. rector Approved by: ~. . . _ ~ DATE: Peter Kraley, Acting PL~ Services Administrator OCT 3 2001 COLLIER COUNTY MANAGER'S OFFICE October 11, 2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Ms. Angela Robinson, President Naples Jaycees P.O. Box 10416 Naples, FL 34102 Re: Request for Public Petition to Discuss the 2002 July 4th Festival and Fireworks Display Dear Ms. Robinson: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 23, 2001, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the VV. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting ancl to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas VV. Olliff County Manager TWO:jeb cc: County Attorney Peter Kraley, Interim Public Services Administrator Maria Rarnsey, Parks and Recreation Director AGENDA IT-EM No. / ~ I,,~, OCT 2 3 2001 ~8/0~/200~ 22:~6 i9417752~87 DOUGLASS FAHILY PAGE 81 Naples Jaycees PO BOX 10416 Naples Florida 34102 941-263-3353 October 10, 2001 pre~ident Angela Robinson Collier County Government Center County Manager 3301 East Tamiami Trail E Naples FL 34112 Fax # 774-4010 Dear Mr. Olliff: It's that time of year again, planning for our July 4t~ Festival and Fireworks Display. It is with great regard that we formally be placed on the Commissioners Agenda for public petition. We have had conversations with Parks and Recreation and the funding for this event has already been placed in the budget for this event. It is our intention on presenting the plan of action for the event to the Commissioners either on the 17· or the 23'u of October. If you believe the item can be done under consent agenda instead please let us know. We will withdrawal this request at such time. I thank you for your support of this project and the projects of the Naples Jaycees. Sincerely,,_.,, ~ · ~lbinson President 2001 OCT 2 3 2001 Sent By: YVVA; 941 597 1060; 0ct-17-01 12:45PM; Page 1/1 ..aa$ $ END E Rp, VA R%TA DO E ATTORN[¥$ &X ~0,%¥ TO: RE: .Naplcs October 17, ]"ia Facsimile tn 774-40 I0 Petition PUDA.200 I.AR-S00, Falling Watern P[ID Amendmcnt ANDERSON, Su~[ aO0 Orr,c[ ~OX 1833 (~P 3~30E-~833~ T(U[PflON[ (850) ~-7206 801 ~un[~ 0~ Omv~ Su,~ 300 OzrlC~ 80x 7907 (DP 34101-YgOYJ Tg,;Ecom[. {g41) 597-t060 Dcar Mr. Olliff: Tt~ purpose of this fetter is to request that the abov~ referenced Petition be co,mnucd from thc October :23,2001 County Commission agenda to the November 13, 2001 County Commission meeting. 'the publi.~hed agenda should reflect the cantinuance. This continuance is being requested because my client is still working on additional acccss and title issues which still have not been resolved one way or another, and after a resolution of the access issue, my client promi.qed to hold a fourth meeting with residents of Failing Waters. Please do not hesitate to contact me il'there is a problem with this request or if you have any question.~ regarding thc ,above. Thank you. Sincerely, R. Bruce Anderson CC: Chahram Badamtchian, via thcsimile 643-6968 Susan Murray, via facsimile 643-6968 John Dunnuck, via fimsimile 643-6968 Marjorie M. Satdent, Esq., via t~csimile 774.0225 David Cheslyn, via hcsimiIe 317.237-2912 Chhs McCrea, via facsimile 317.237.2912 Bruce Tyson, via hcsimile 643-5716 Nancy Puccia, via email Bill White, via c-mail Commissioner James Ca,er, via t~csimile 774.360~ Commissioner Jim Colctta, via hcsimilc 774-3602 Commissioner Donna Fiala, via hcsimile 774-3602 Commissioner Tom Hennin~ via thcsimilc 774.3602 Commi~ionerPam Mac'Kie, via hc~imile 774-3602 OCT 2 3 2001 Pg. J::';u~cr~,', LIl:'t S Y\Wpg~.qKINNI~.R ~ ItRt'.}ADBEN'F~Co¢,thmaI~¢~: icquc~,12.~x 0d EXECUTIVE SUMMARY PETITION PUD-00-21, ROBERT L. DUANE OF HOLE MONTES, INC., REPRESENTING ROBERT VOCISANO, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL AND "A-ST" RURAL AGRICULTURAL WITH A SPECIAL TREATMENT OVERLAY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE TERAFINA.PUD ALLOWING FOR 850 DWELLING UNITS, GOLF COURSE, AND CLUBHOUSE FACILITIES FOR PROPERTY LOCATED EAST SIDE OF THE LOGAN BOULEVARD RIGHT-OF-WAY AND APPROXIMATELY ONE MILE NORTH OF IMMOKALEE ROAD (CR-846), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 646 ACRES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from the Rural Agricultural Zoning District to PUD as noted above to allow the development of single and multi-family homes consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this residential neighborhood. CONSIDERATIONS: The proposed residential PUD allows a mix of dwelling types within the 646-acre project area. The PUD also permits a maximum of 850 dwelling units, which results in a density of 1.3 units per acre. The residential tract comprises 141-acres and is designed around 126-acres of golf course and open space areas. The Master Plan also provides a 274.43-acre preserve and flow-way along the eastern boundary that is designed in conjunction with the adjacent projects in order to improve storm water drainage in the area. Access to the PUD is from the northerly extension of Logan Boulevard from Immokalee Road (CR-846) along the western property line of the Olde Cypress PUD and extending past the Parklands PUD to the north. The Traffic Impact Statement (TIS) estimates the site-generated trips to be approximately 5,795 Average Vehicle Trip Ends at the proposed build-out in 2005. These site-generated trips will exceed 5% of the LOS "C" design volume on Immokalee Road (CR-846) alter trip assignments are made. The site-generated trips do not appear to create a concurrency problem within the projects radius of development influence (RDI) because the project trips don't lower the capacity below any road's adopted LOS standard. However, the TIS did not specifically find that the proposed PUD rezone would not create or excessively increase traffic congestion on the arterial road system at build-out. The proposed PUD will only be in compliance with Policies 5.1 and 5.2, of the Transportation Element if the additional conditions for further detailed analysis are provided prior to the next leveLaf development approval. ~. ,o I~ OCT 2 3 2001 The Transportation Element currently lists Immokalee Road (CR 846) as a 2-lane arterial road in the project area and is currently being improved to a 4-1ane facility. At project build-out in 2005, CR-846 east of 1-75 is projected to operate at an acceptable level of service and meet the adopted level of service standard of LOS "D". Therefore, this petition is consistent with the standards referenced in Policy 1.4 of the Transportation Element. The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. While the 'TIS meets the minimum requirements and standards of the Growth Management Plan, the Transportation Planning Department requests that the following conditions be included as part of the PUD approval. Prior to preliminary site plan or plat approval, the developer shall provide a detailed Traffic Analysis to evaluate the operational conditions and level of service of Collier County Road systems. The detailed operational analysis shall at a minimum include the Immokalee Road corridor from Livingston Road to Collier Boulevard including intersection and arterial evaluation of the existing and build out peak season/peak hour conditions. Should the detailed analysis identify a deficiency, the developer shall be required to provide mitigation, or be limited to the amount of development, which may occur until such time that the deficiency is resolved. However, if traffic analysis demonstrates that there are no deficient intersections with the Immokalee Road Corridor from Livingston Road to Collier Blvd. through project build out no further traffic analysis will be required. The Logan Boulevard alignment right-of-way shall be dedicated to the county for the purposes of a public roadway. The developer shall provide for a collector road fight-of-way. The width shall be consistent with the current County roadway standards. Compensating right-of-way for turn lanes shall also be provided above and beyond the minimum width. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. Itowever, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Correctional Facilities: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per d~elling unit OCT 2 3 2001 Radon Impact Fee: · EMS Impact Fee: Building Code Adm.: · Micro Film Surcharge: $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes 47 units, the total amount of residential impact fees collected at build-out will total $2,343,603. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of hse, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out xvill have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad Valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The site is designated Urban - Mixed Use District (Urban Residential Sub-district) on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This district permits a base density of 4 dwelling units per acre pursuant to the Density Rating System of the FLUE of the GMP. A consistency analysis with applicable elements of the GMP is as follows: The proposed 646.5-acre development allows 850 dwelling units, golf and ancillary recreational uses. The proposed density is 1.3 dwelling units per acre, which are 2.7 units per acre less than the base density the pro. ject is eligible to receive. Therefore, staff is of the opinion that the proposed project is consistent with the Density Rating System of the GMP. HiSTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historic and Archaeological Survey & Assessment or a waiver is required. 2 3 2001 3 ENVIRONMENTAL ISSUES: The Environmental Impact Statement (EIS) indicates that the proposed project will preserve 252.58- acres while impacting 280.52-acres or approximately 52.6 percent of the jurisdictional wetlands. The project related wetland impacts shall be compensated for by the restoration of the remaining on-site wetlands. The preservation of 247.43 acres of wetlands and 26.92 acres of uplands is proposed. All preserved wetlands will be cleared of exotics and hydraulic improvements made. In addition, the PUD allows for additional mitigation to be purchased (approximately one million dollars) from an approved mitigation bank. The project design also provides for water storage capacity within the preserve acreage internal to the project as well as in the flow-way preserve along the East Side of the project. This flow-way will recreate the historic hydroperiods on site and those in the surrounding areas. An interconnected lake system with controlled gate structures will be developed within the preserve areas to increase the conveyance capability of the flow-way during storm events. The system within the Terafina preserve will average 200 feet in width and will be 4 feet deep. This flow-way is designed to be compatible with the flow-way approved in the Mirasol PUD. This additional mitigation is to be purchased from an approved mitigation bank. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council (EAC) heard this item on March 7, 2001 and they recommended denial by a vote of 5 to 2. The primary reason expressed by the EAC for the denial was what they deemed to be an excessive impact of the project to the wetlands on site. It should be noted that the BCC approved the adjacent Mirasol PUD to the east, which had similar concerns raised by the EAC. The BCC determined during their public hearing for that item that the proposed mitigation was acceptable and the area-wide benefits derived by the flow-way are necessary. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public heating on September 7, 2001. By a vote of 7 to 0, the CCPC forwarded Petition PUD-00-21 to the Board of County Commissioners with a recommendation of approval subject to staff stipulations. The Planning Commission found that this petition is consistent with the Growth Manage:ment Plan (GMP) and is compatible with the surrounding development. It should be noted that no one spoke in opposition during the heating and Staff has not received any letters opposing the project. Because the EAC recommended denial, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUD-00-21 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits the~ OCT 2 3 2001 4 PREPARED BY:~ RAY I~[ELLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION ?. DATE REVIEWED BY: CURRENT PLANNING SECTION /~o~^~ ~. ~~~o p~/~ER~CE~S DEPARTMENT. N6Pg(4'AN FgD~ER,- AICP, ADMINISTRATOR TR~SPORTATION DIVISION DATE DATE APP~BY~ DATE PUD00-2 l/EX SUMMARY/RVB/rb 5 AGEND,~.ITE~.~ NO. ,V D OCT 2 3 2001 pg. ...."~"~ _ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 14, 2001 PETITION NO: PUD-00-21, TERAFINA PUD AGENT/APPLICANT: Agent: Mr. Robert L. Duane Owner: Hole Montes, Inc. P.O. Box 111629 Naples, Florida 34108 Robert Vocisano & Angelo Favretto Place Venier, Suite 103 333 River Road Ottawa, Ontario Canada, K1L8B9 GEOGRAPHIC LOCATION: The subject site is located one mile north of Immokalee Road (CR-846) and approximately one mile west of Collier Boulevard (CR-951) in Section 16, Township 48 South, Range 26 East. REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) forward their recommendations to the Board of County Commissioners (BCC) for a proposed rezone from "A" Agriculture, "A-ST" and PUD to Planned Unit Development (PUD) allowing residential dwelling units, golf course, and clubhouse facilities. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a residential development allowing a mix of dwelling types within the 646-acre PUD. The petitioner proposes a maximum of 850 dwelling units which results in a density of 1.3 units per acre. The residential tract comprises 141-acres and is designed around 126-acres of golf course and open space areas. The Master Plan also provides a 274.43-acre preserve and flow-way along the eastern boundary that is designed in conjunction with the adjacent projects in order to improve storm water drainage in the area. Access to the PUD is from the northerly extension of Logan Boulevard from Immokalee Road (CR-846) along the western property line of the Olde Cypress PUD and extending past the Parklands PUD to the north. - ~'-D,..,~o~ n ~- gET 2 3 2001 1 O2T 2 ~ 2001 SURROUNDING LAND USE AND ZONING: Existing Conditions: As indicated in the photograph below, the site is currently undeveloped and is zoned Agricultural. Surrounding: North: The undeveloped Parklands PUD is approved for 1,603 units at a density of 2.50 units per acre. East: The recently approved Mirasol PUD provides for 799 units at a density of 0.51 units per acre. South: The Olde Cypress PUD is approved for 1,100 units at a density of 2.10 units per acre. West: Developed residential zoned RSF-2. GROWTH MANAGEMENT PLAN CONSISTENCY: This PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with the current Growth Management Plan and land development regulations. Future Land Use Element: The site is designated Urban - Mixed Use District (Urban Residential Sub-district) on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This district permits a base density of 4 dwelling units per acre pursuant to the Density Rating System of the FLUE of the GMP. A consistency analysis with applicable elements of the GMP is as follows: The proposed 646.5-acre development allows 850 dwelling units, golf and ancillary recreational uses. The proposed density is 1.3 dwelling units per acre, which are 2.7 units per acre less than the base density the project is eligible to receive. Therefore, staff is of the o >mion that the .--- proposed project is consistent with the Density Rating System of the GMP ~o._ /' D 2 OCT 2 3 2001 Transportation Element: The Traffic Impact Statement (TIS) estimates the site- generated trips to be approximately 5,795 Average Vehicle Trip Ends at the proposed build-out in 2005. These site-generated trips will exceed 5% of the LOS "C" design volume on Immokalee Road (CR-846) after trip assignments are made. The site- generated trips do not appear to create a concurrency problem within the projects radius of development influence (RDI) because the project trips don't lower the capacity below any road's adopted LOS standard. However, the TIS did not specifically find that the proposed PUD rezone would not create or excessively increase traffic congestion on the arterial road system at build-out. The proposed PUD will only be in compliance with Policies 5.1 and 5.2, of the Transportation Element if the additional conditions for further detailed analysis are provided prior to the next level of development approval. The Transportation Element currently lists Immokalee Road (CR 846) as a 2-lane arterial road in the project area and is currently being improved to a 4-lane facility. At project build- out in 2005, CR-846 east of 1-75 is projected to operate at an acceptable level of service and meet the adopted level of service standard of LOS "D". Therefore, this petition is consistent with the standards referenced in Policy 1.4 of the Transportation Element. The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. While the TIS meets the minifnum requirements and standards of the Growth Management Plan, the Transportation Planning Department requests that the following conditions be included as part of the PUD approval. Prior to preliminary site plan or plat approval, the developer shall provide a detailed Traffic Analysis to evaluate the operational conditions and level of service of Collier County Road systems. The detailed operational analysis shall at a minimum include the Immokalee Road corridor from Livingston Road to Collier Boulevard including intersection and arterial evaluation of the existing and build out peak season/peak hour conditions. Should the detailed analysis identify a deficiency, the developer shall be required to provide mitigation, or be limited to the amount of development, which may occur until such time that the deficiency is resolved. However, if traffic analysis demonstrates that there are no deficient intersections with the Immokalee Road Corridor from Livingston Road to Collier Blvd. through project build out no further traffic analysis will be required. The Logan Boulevard alignment right-of-way shall be dedicated to the county for the purposes of a public roadway. The developer shall provide for a collector road right-of-way. The width shall be consistent with the current County roadway standards. Compensating fight-of-way for mm lanes shall also be provided above and beyond the minimum width. Open minimum thresholds required for open space provision of 213-acres will not reduce those levels. Space/Conservation Element: The proposed Terafina PUD far exceeds the and conservation preservation. The OCT 2 3 2001 Sewer and Water: The subject property will be connected to Collier County's sewer and water system. Should the County not be in a position to provide sewer service to the project, the sewer customers shall he customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. Other Applicable Elements: Staff review indicates that this petition has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed 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 LDC, Adequate Public Facilities, at the earliest or the next to occur of a final local development order. Therefore, this petition is consistent with the goals and policies of the GMP. Furthermore, staff has determined that no level of service standards will be adversely affected by this project. 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 GIMP 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. HISTORICAL/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 Cultural Survey and Assessment is required. EVALUATION OF 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 concem. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. The Transportation Services staff has recommended approval subject to an additional traffic study at the time of site development plan or plat approval. The petitioner has also submitted an Environmental Impact Statement (EIS) for the entire PUD. The EIS indicates that the site contains 533.1-acres of SFWMD jurisdictional wetlands out of a total 646.5 project acres. These consist of hydric pine flatwoods, pine flatwoods, cypress-pine-cabbage palm and melaleuca. The staff report for the Environmental Advisory Council meeting (Exhibit "C") indicates that the proposed project will preserve 252.58-acres while impacting 280.52-acres or approximately 52.6 percent of the jurisdictional wetlands. The project related wetland impacts shall be compensated for by the restoration of the remaining on-site wetlands. The preservation of 247.43 acres of wetlands and 26.92 acres of uplands is proposed. All preserved wetlands will be cleared of exotics and hydraulic improvements ~a~te. 4 In addition, the PUD allows for additional mitigation to be purchased (/approximately one million dollars) from an approved mitigation bank. In addition, the project design provides for water storage capacity within the preserve acreage internal to the project as well as in the flow-way preserve along the East Side of the project. This will recreate the historic hydroperiods on site and those in the surrounding areas. An interconnected lake system with controlled gate structures will be developed within the preserve areas to increase the conveyance capability of the flow-way during storm events. The system within the Terafina preserve will average 200 feet wide and 4 feet deep. This flow-way is designed to be compatible with the flow-way approved in the Mirasol PUD. The Environmental Advisory Council (EAC) heard this item on March 7, 2001 and they recommended denial by a vote of 5 to 2 (See attached EAC minutes/Exhibit "D"). The primary reason expressed by the EAC for the denial was the excessive impact of the project to the wetlands on site. It should be noted that the Mirasol PUD to the east had similar concerns raised by the EAC. However the BCC determined that the area-wide benefits derived by the flow-way are necessary and they approved that petition. In addition, additional mitigation is to be purchased from an approved mitigation bank. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shad be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considemt,.'ons identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship Of the rezoning action to the long range plan for future land uses. In addition, the-Board of 5 OCT 2 3 2001 122 County Commissioners has reviewed similar rezone requests within this "Urban Residential" designated area where there is an opportunity to approve residential uses when deemed approptiate. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Existing Land Uses - In regards to compatibility, this PUD is similar to the recently approved Mirasol PUD to the east. Both of these projects provide a water management flow way to improve the area-wide drainage. Furthermore, the adjacent PUD project to the south (Olde Cypress PUD) has been approved for 1,100 dwelling units and permits similar dwelling types. The proposed PUD is designe.d to be compatible with the approved flow-way within the Mirasol PUD. Lastly, the development regulations, landscaping, screening and buffeting requirements contained in this PUD are consistent with the LDC. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The property is located within the Urban Residential Sub- district as depicted on the Future Land Use Map. Since this district permits residential uses with a base density of 4-units per acre. The proposed rezone from Agriculture to the Terafina PUD is consistent with the GMP. Given the urban influence impacting this area, the proposed PUD is consistent with those uses approved in this area and is also consistent with requirements of the FLUE to the GMP. Traffic Circulation and Impact - An additional twenty (20') feet of tight-of-way will be provided along the western edge of Terafina to provide for a total of eighty (80') feet of tight-of-way along the extension of Logan Blvd. A sixty (60') foot tight-of-way presently exists. The developer of Terafina will construct the extension of Logan Blvd. to the proposed project entrance for Terafina. The additional road tight-of-way will be dedicated to Collier County at the time of platting. This road also provides access through the Olde Cypress PUD to the south and connecting with Immokalee Road. This road will also be extended northward in order to provide future access to the vacant undeveloped Parklands PUD. Furthermore, the proposed project will not have a significant impact on any county road by virtue of the fact that vehicular site generated trips resulting from the rezone petition will not lower the level of service below adopted standards. However, Prior to preliminary site plan or plat approval, the developer shall provide a detailed Traffic Analysis to evaluate the operational conditions and level of service of Collier County Road systems. The detailed operational analysis shall at a minimum include the Immokalee Road corridor fi.om Livingston Road to Collier Boulevard including intersection and arterial evaluation of the existing and build out peak season/peak hour conditions. Should the detailed analysis identify a deficiency, the developer shall be required to provide mitigation, or be limited to the amount of development, which may occur until such time that the deficiency is resolved. STAFF RECOMMENDATION: Staff recommends that the Collier Petition Number: PUD-2000-21 to recommendation for approval. County Planning Commission (CCPC) forward the Board of County Commissioners with a PREPARED BY: . RAY BF.,LLOWS, PR_rNCrPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: CURRENT PLANNING SECTION THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT DATE A~VED BY: JOH~ Iv~. D~CK, III, INTERIM ADMINISTRATOR CO~TY DEV. AND ENVIRONMENTAL SVCS. DATI~ Staff Report for September 7, 2001 CCPC meeting. COLLIER COUNTY PLANN~COMM. ISSlOS: JOYCEAN~A $. RAUTIO, CHAIRMAN PUD-00-21/STAFF REPORT/RVB/rb t CCT23 2001 FINDINGS FOR PUD PUD-00-21 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 along Immokalee Road (CR-846). (ii) Development of land that is located on an arterial road and is adjacent to other residential uses is particularly suitable for this mixed use PUD. (iii) The pattern of development of surrounding properties is similar to the type of development proposed including the proposed density of 1.3 units per acre. Con: Adjacent and nearby neighborhoods often perceive a mixed use development as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Finding: 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 consistent with County regulations. 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 to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Exhibit "A" OCT 2 3 2001 e 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 within this project. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. (ii) The subject site is subject to the Adequate Public Facilities Ordinance. Con: None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow residential uses and density that is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to provide similar uses and development standards as the approved Olde Cypress PUD to the south. In addition, the preserve area and flow-way is contiguous with the Mirasol PUD to the east. Con: None. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land 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 th~-adequa~:.Y~-of available improvements and facilities, both public and private. 2 I OCT 2 3 2001 ! l _ The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summar~ Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. e The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to provide residential zoning that is adjacent to existing residential uses. In addition, this project will not adversely impact any adopted level of service standard. Se Con: None. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD-00-21/RVB/rb ~.T 2 3 2001 REZONE FINDINGS PETITION PUD-00-21 C 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 & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: i. The subject property is located within the Mixed-Use Urban Residential Sub-District on the FLUE of the Growth Management Plan. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The density permitted within this PUD is consistent with the Density Rating System contained in the GMP. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (A detailed study is contained in the staff report.) Summary. Findings: The subject 646.5-acre site is similar to the adjacent residential PUD projects to the north, south, west and east. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size (One Section) and is located within the Urban Residential Sub-district on the Future Land Use Map. Con: None. Summary Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. EXHIBIT "B" 1 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 are logically drawn by virtue that thc subject PUD provides an extension of the existing residential PUD to the north, south and east. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved residential land uses surrounding the subject site. Furtherrnorc, this PUD has a positive relationship to the GMP. Con: None. Summary Findings:, The proposed change in zoning is appropriate since it is consistent with the FLUE and Growth Management Plan. Whether the proposed neighborhood; Pro: (i) change will adversely influence living conditions in the The proposed development standards (i.e. setbacks and landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences by the Terafina PUD on the adjacent and nearby residential subdivisions. (ii) The proposed flow-way along the east side of the project will improve storm water management of the area. Con: (i) The location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, along with the Iow-density areas, the proposed PUD should not adversely impact the adjacent properties. · Summary Findings: The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on ad'acent and nearby developments. Recommended mitigat!on~--- ameliorate impact on the adjacent residential area~ o actions should serve to CCT 2 3 2001 2 C o 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) The proposed rezone as requested is consistent with the Transportation Element. (See Staff Report) (ii) The property has legal access to the right-of-way for the extension of Logan Boulevard, which connects to the arterial road network (Immokalee Road) over which traffic fi.om this development will draw and defuse traffic. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summary 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. 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: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. However, the proposed flow-way will improve area-wide drainage. 3 OCT 2 3 2CO1 10. 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. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the north, south and east. In addition, the maximum height for the structures as provided for in the approved Terafina PUD is similar to the maximum height permitted within the nearby projects. The overall development standards are compatible with the standards listed for the adjacent residential districts in the LDC, which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. 11. 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 development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. or 4 OCT 2 3 ;.gal 12. 13. 14. 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, which are public policy statements supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 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 Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Con: Existing neighbors within the adjacent subdivisions may feel that the proposed change is out of scale with the neighborhood. However, no objections to this petition have been received at this time. 15. Summary Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed 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. Pro/Con: Evaluation not applicable. OCT 2 3 5 16. 17. Summary Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site while the environmental impacts require mitigation as noted in the Environmental Advisory Board Staff Report. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 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: A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS/PUD-O0-21/P. VB/rb 6 2001 Item IV.t ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7, 2001 I. NAME OF PETITIONER/PRO.CT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-2000-21 Terafina PUD Robert Vocisano & Angelo Favretto Purse Associates, Inc. Tun'ell & Associates, Inc. LOCATION: The subject property is an undeveloped 646 acre parcel located approximately 1.5 miles east of Interstate 1-75 and one (1) mile north of Irnmokalee Road, immediately north of Olde Cypress development, in Section 16, Township 48 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include residential golf course communities to the south and west and undeveloped land zoned Agricultural and PUD to the north and east. ZONING DESCRIPTION PUD (Parklands PUD) Undeveloped Actively farmed PUD (Olde Cypress PUD) Partially developed E - Agricultural (,proposed Mirasol PUD) Undeveloped W - RSF-2 & GC Developed (Quail Creek Estates) PURPOSE/DESCRIPTION OF PROJECT: EAC Meeting Page 2 of 11 Ve The proposed 646.5-acre PUD is a planned residential development that is designed around a golf course and preserve areas. The residential lands are comprised of 141-acres supporting single family and multi-family residential units and recreational amenities. The site is north of the Olde Cypress PUD, which is also approved for a golf course and residential development. The petitioner has indicated that the primary objective is to develop a maximum of 850 dwelling units. The PUD Master Plan also provides 126.76-acres of golf course/open space areas and a 6.99-acres clubhouse. Lastly, the subject site is accessed from a proposed north/south public road along the west-side of the project that provides access to Immokalee Road. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Residential Sub-district that is intended to provide locations for the development of higher densities. This district permits a base density of four (4) dwelling units per acre pursuant to the Density Rating System of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: FLUE and DensitW.' The FLUE permits residential dwellings such as those units proposed for Terafina PUD. The project density shall also be consistent with the Density Rating System contained in the FLUE and is based on a Base Density of 4 units per acre. The PUD document and Master Plan indicate that the project is intended for 850 dwelling units at a density of approximately 1.3 units per acre. It should be noted that the project density is less than the base density of 4 dwelling units per acre the project is eligible to receive. As a result, staff.is of the opinion that the requested density is consistent with the Density Rating System 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 does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. OCT 2 3 20,01 EAC Meeting Page 3 of 11 This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- development hydropefiod". 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 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open sghace set aside to meet the 25% native vegetation policy. This policy shall not be 'lahterp~t~d- ~, 2 EAC Meeting Page 4 of 11 to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity". This petition is consistent with staff's policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it exceeds the 25% on-site native vegetation preservation pursuant to Policy 6.4.6. VI. MAJOR ISSUES: Water Management: This project's water management system uses a standard design of interconnected lakes and wetlands to accomplish water quality retention and peak flow attenuation. An explanation of the use of the wetland preserve as a flow-way for the offsite flows can be found under the Wetland section, under Major Issues. This project must be permitted by the SFWMI). Environmental: Site Description.: The project site is located in north Naples, one mile north oflmrnokalee Road and approximately 1.5 miles east of 1-75. To the north and east are undeveloped parcels, the Parklands PUD to the north and the proposed Mirasol PUD to the east. Both are residential golf communities and currently under review by the South Florida Water Management District (SFWMD), for Environmental Resource Permitting. To the south is the Olde Cypress development and to the west is Quail West. The natural hydrologic regime on the property has been considerably altered by deVelopment and agricultural practices in the upstream watershed as well as by berms and development downstream from the project. Where forested wetlands in the east Bonita Springs area were cleared for farming, the water storage capacity was lost such that properties in the watershed to the south are inundated for longer periods of time during the rainy season. Elevations of historic wet season high water levels have been obtained b_g_locating high watermarks, sediment lines, lichen and moss lines or adventiti~u~ EAC Meeting Page 5 of 11 approximately 14 trees throughout the site. The average wet season high water elevation was determined to be 13.4 feet NGVD with historic high water at 14.9 feet NGVD. Natural ground elevations on site, according to the survey provided in the EIS, range from 12.6 feet to 13.7 feet NGVD Deeper depressional areas occur on site within the cypress domes. FLUCFCS Code 621 Cypress dome in the southwest portion of the property. The trees in the background are willow (Salix caroliniana)just beginning to leaf out. Native habitats on site consist of pine flatwoods, hydric pine flatwoods, cypress- pine-cabbage palm, cypress, non-forested wetlands, wet prairie and Melaleuca. Most of the property burned during the summer of 2000, causing areas of heavy Melaleuca infestation to become even worse. Brazilian pepper is also found in the cypress domes on site. OCT 2 3 EAC Meeting Page 6 of 11 FLUCFCS Code 411 Pine Flatwoods According to the information provided in the EIS, seven types of soil occur on the subject site, Malabar Fine Sand (Unit #3), Immokalee Fine Sand (Unit #7), Pineda Fine Sand, Limestone Substratum (Unit #14), Oldsmar Fine Sand (Unit #16), Boca Fine Sand (Unit #21), Chobee, Winder and Gator Soils, Depressional (Unit #22) and Boca, Kivera, Limestone Substratum and Copeland Fine Sands, Depressional (Unit #25). Four of the soil types are listed as hydric by the Natural Resources Conservation Service (Units #3, 14, 22 & 25). Most of the project site consists of hydric soils. Non-hydric soils are found on the west side of the property. Wetlands: Jurisdictional wetlands total 533.1 acres out of a total 646.5 project acres. These include hydric pine flatwoods, cypress-pine-cabbage palm, cypress, non-forested wetlands and wet prairie, portions of which are heavily invaded with Melaleuca. The project as proposed will impact approximately 280.52 acres (52.6%) of the jurisdictional wetlands on site. Impacts to high quality habitats, such as cypress, have been avoided, except for the creation of the proposed flow-way on site. EAC Meeting Page 7 of 11 FLUCFCS Code 424/411 Area of Melaleuca and pine which were burned during the summer of 2000. The picture was taken in January 2001 after a recent frost killed much of the new growth on the Melaleuca. Current project design provides for water storage capacity within the preserve acreage internal to the project as well as in the flow-way preserve along the east side of the project, more accurately recreating historic hydroperiods on the project site and those in the surrounding area. An excavated ribbon of interconnected lakes will be constructed within the preserve area that will increase the conveyance capability of the flow-way during storm events. This conveyance system will be controlled with gate structures to mimic natural ground water elevation during normal conditions, but will allow increased flow during flooding conditions. The system within the Terafina preserve will average 200 feet wide and 4 feet deep. A marsh community will be planted within the excavated areas. In order to offset adverse environmental impacts resulting from development activities in 280.52 acres of wetlands, the development plan provides for preservation and restoration of the remaining on-site wetlands. The preservation of 247.43 acres of wetlands and 26.92 acres of uplands is proposed. All preserved wetlands will be cleared of invasive exotic species and maintained in an exotic free condition. Areas that are devoid of remnant native vegetation will be planted with appropriate native vegetation. Slash pine, cypress and other canopy species will be utilized as will appropriate mid-story and ground cover plantings. Approximately one million dollars of off-site mitigation credits will also be purchased to make up for any on-site deficits that remain after the final preservation credit: have been CZT 2 3 2, 01 EAC Meeting Page 8 of 11 awarded. Final mitigation requirements will be coordinated with State and Federal agencies according to guidelines presented in the SFWMD Basis of Review. Preservation Requirements: The project exceeds the twenty-five percent (25%) native vegetation preservation requirement in preserving and restoring 274.35 acres of the native vegetation on site. Preservation areas amount to forty-two percent (42%) of the total project site. Listed Species: A Threatened and Endangered Species Survey of the property was conducted during July and August 1997. Established transects were orientated north-south and east-west and superimposed on an aerial of the site. These transects were ground located and walked by compass bearing. Early morning, mid-day and late- day time periods were chosen to survey these transects. This survey was conducted daily for a minimum of five days. The availability of good functional habitat on site has been restricted by the presence of Melaleuca. This Threatened and Endangered Species Survey placed emphasis on surveying the pine flatwoods and cypress areas since they offer some of the best quality foraging and nesting areas on site. Listed species observed during the survey included Big Cypress fox squirrel and wild pine (Tillandsia spp.). No other listed species were observed on site. Historic utilization of the northwestern portion of the site by red-cockaded woodpeckers is noted in the environmental impact statement and has been discussed with the State and Federal Wildlife Agencies. No current KCW activity has been noted on the project site and almost all of the trees that are known to have had cavities have since died, either through stress induced by the high water levels, fire, wood boring beetles, or a combination of the factors. One individual Big Cypress fox squirrel was observed crossing a primitive road on the west side of the property. No other fox squirrels were seen during the survey. The majority of the Tillandsia species found on the site are located on cypress trees. Some are also located in slash pine. Cypress is scattered throughout the site but found in almost pure stands in several locations within the proposed preserve Preservation and enhancement of 274.35 acres of mixed wetlands and uplands will retain viable habitat and forage area for wildlife using the subject site. _O.f_note is the layout of the large preserve area in the east part of the propert r, which' is 2 EAC Meeting Page 9 of 11 contiguous to the preserved areas of adjacent properties thus maximizing wildlife value. This preserve area will also contain the ribbon lakes that that will help to re- establish the historic outfall rates from this portion of the watershed. This created marsh and lake habitat will also provide valuable foraging area for the areas wading birds, most notably the wood stork. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-2000-21 "Terafina PUD", with the following stipulations: Water Manaeement: The petitioner shall obtain a surface water management permit from the SFWMD. Environmental: No additional stipulations. CCI 2 3 7.001 EAC Meeting Page 10 of 11 PKEPAKED BY: STA~ CHXZ~a~oWsra, P.E. SENIOR ENGINEER STEPI-[EN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: DATE DATE DATE DATE DATE EAC Meeting Pagellofll PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOt-~N M. DUNNUCK, III 1NTiERIM COMMUNITY DEVELOPMENT ADMINISTRATOR SL/gdh/c: Staft~eport DATE ENVIRONMENTAL SERVICES March 7, 2001 TRANSCRIPT OF THE MEETING OF THE ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, March 7, 2001 LET IT BE REMEMBERED, that the Environmental Advisory Council, in and for the County of Collier, having conducted business herein, met on this date at 1:00 p.m. in REGULAR SESSION in Building. "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Thomas Sansbury Ed Carlson Michael G. Coe Alfred F. Gal, Jr. William Hill Erica Lynne Alexandra "Ailie" Santoro ALSO PRESENT: Patrick White, Assistant County Attorney Stan Chrzanowski, Senior Engineer Barbara Burgeson, Senior Environmental Specialist Stephen Lenberger, Environmental Specialist, Development Services Marjorie Student, Assistant County Attorney Ron Nino' Current Planning Manager OCT 2 3 2C31 35- March 7, 2001 CHAIRMAN SANSBURY: Barb, it will be very difficult for me, you know that. Okay, go ahead. MR. BELLOWS: Do we have to be sworn in? CHAIRMAN SANSBURY: Yeah, swear in, everybody that's going to comment on this one. (Speakers were duly sworn.) MR. BELLOWS: For the record, Ray Bellows. I'm the principal planner with the planning services. Petitioner is proposing to rezone 646 acres from agriculture to planned unit development. As was previously discussed on the last petition, this project is located in the urban residential area. It's adjacent to the Mirasol PUD that was just heard. To the north is the. Parklands PUD. To the south is the Olde Cypress PUD. The petitioner proposes 850 dwelling units. The master plan also provides for 126 acres of golf course and open space and approximately seven acres for a golf course clubhouse. There's also a proposal for a village commercial area that will serve the development. The subject site is located in the urban residential district on the Future Land Use Map, which permits these types of uses. It's consistent with the Growth Management Plan in terms of density, which has a base density of four units per acre. Proposed density of this project is about 1.3 units per acre. It's consistent with the traffic circu!ation element and the other elements of the Growth Management Plan. I'd be happy to answer any planning questions that you might have. CHAIRMAN SANSBURY: Questions from the council? Hearing none, Steve? MR. LENBERGER: For the record, Stephen Lenberger, Development Services. The subject property, as Ray mentioned, sits next to the PUD you just heard,. Mirasol. Mirasol would be this proposed PUD in the map on this area here. And Terafina would sit immediate[~ to the west of it. '~ ~ ~ .... ./, It also shares a portion of the proposed flowway, which will through the project and down and through Olde CypresS,.'.as· you've already heard plenty about. .. . -- - Page 73 CCT 2 3 2S31 March 7, 2001 The site, as you can see from the aerial on the wall, is all vegetated. Noticeable features are some cypress domes. They sit in this area here. The cypress surround areas, which are mainly herbaceous, with deeper water vegetation, mostly willows, some pop ash, things of this nature. There's also a cypress dome in this area. There are also cypress areas more scattered and spread out in a slough type setting on the lower east side of the project. Most of the project is heavily invaded with melaleuca. You saw a slide presentation earlier about a fire which went through Mirasol. That fire burnt extensive areas of this PUD, mostly in the center, on over into this way here. I did have a chance to walk the property with the consultant. We took a transect. We walked up to this way through the pine flatwoods on this portion, through the edge of the cypress dome. We walked up through this way. This area is heavily invaded with melaleuca. I do have a picture of the staff report. It was -- most of the pines were dead. Pretty much all of them are dead. And it looked pretty ghostly when we walked through it because the frost had just went through and actually killed the sprouts on the melaleuca. So there were -- there was no green pretty much for this whole portion when I walked it. It was pretty depressing. We took the transect back this way. There's an extensive area of pine flatwoods in this portion. Looks pretty nice. I have a picture of it in the'staff report. And then we went down to this portion here. This area has the mixed cypress I was just talking about. The petitioner is proposing to preserve all the cypress domes, as a matter of fact, all the cypress on the project, except for what will be needed to construct the flowway. The cypress dome shows up here, the one we walked through, and the other one sits on this portion of the property .' here. This Portion preserve, as proposed, is mostly upland. The project site has quite a bit of wetlands. It's 646 acres total. It's 533 acres of wetlands. And the petitioner is proposing impact of a little more than 50 percent, 280 acres. ~ Mitigation proposed will be construction of the flowway, and that will be in this area, this large preserve, on the east~,~'-= .... '-~,., portion of the project. Removal of exotics and also reve getat_]9~. OCT 2 3 2001 Page 74 r ~._~ March 7, 2001 with native species. Apparently there have been discussions with the Water Management District. They're requiring about a million dollars worth of off-site mitigation for compensation for wetlands losses on this property. As far as protected species on site, protected species, the only one observed as far as animals was a Big Cypress fox squirrel on the western portion of the project. There are some documented cavity trees on the northwest portion of the PUD, but those have since been abandoned and the trees are dying. If you have any questions, I'll be glad to answer them. Tim Hall is here also to answer any questions specific to the site. CHAIRMAN SANSBURY: Questions for Mr. Lenberger? MR. CARLSON: Water levels. What are the water levels on the site? MR. LENBERGER: I put the elevations in the staff report. Let me get those for you. MR. CARLSON: Does this project suffer from the same water regime as the previous project? MR. LENBERGER: No, it's the same as the other project. presentations have highlighted some of the saline points; MS. LYNNE: Can you speak a little louder?. MR. DUANE-- Yes. MS. LYNNE: I can't hear you. MR. DUANE: We are an 850-acre -- 850-unit project on almost one section of land. We are proposing 274 acres of both uplands and wetland preserve areas in our project. It's depicted on the wall there in the dark green areas, are our preserve area which comprise about 45 percent of the project. I would point out to you that's substantially in excess of the minimum requirements, as it should be for this project. But I note that have almost exceeded by twofold the base requirement of 25' percent. We have a recommendation of approval here. I concur with your staff that we comply with your comprehensive plan as it exists today in the half a dozen policies that are set forth in your staff report. " Unlike the project that was be.fore you' today, we in the urban area, and we're sandw,ched in'between Page 75 MR. DUANE: For the record, my name is Robert Duane from ~1~ Hole, Montes & Associates. I'!1 be very brief, as ! think the March 7, 2001 Cypress and the Parklands. So I think there are some distinctions we can make between this project and the project that went before you today. We are also working toward regional solutions of the flowway as you now know. We are far along into the permitting process, perhaps even a little further than the project that you heard earlier on your agenda. Karen can ad-lib for me. But we hope to have our permit, if we're lucky, as soon as May. But we've also been in the permitting process for some time. Well, that was my optimistic prediction. We've been at this for some time, just like the project has that was before you. And if you look at our master plan here, we only have 140 acres of our section in actual area for residential development or residential pods; albeit, we do have a golf course that's approximately 120 acres in area or so. And I would be frank with you to tell you that were we -- unlike the project before us that had two or three sections of land, to reach out in ~this project and go beyond the preserve areas that we have here, we either lose the golf course or we lose our 140 acres of residential development, which supports our 850 uni°ts, which is a gross density of about 1.3 units per acre. Not a high density project. I think Ray pointed out to you that we're entitled to four. But a predominant pattern of development is going to be single-family for this particular project. Just to close, my opinion, we meet your requirements and we're consistent with the comprehensive plan. And our team here consists of Mr. Barber, whom you heard earlier, George'Nermanson, senior vice president of my company, Jerry Neal, who's also a project engineer. Tim Hall, who is our environmental consultant. And I'm the consultant on the planning and land development issues, and i'd be happy to answer any questions that you may have. CHAIRMAN SANSBURY: Okay, can we take a break for just a second, because we're going to - (Brief recess.) MR. DUANE: Mr. Chairman, I would like Mr. Hermanson to make just a brief comment .... o-~ isS'U~e.~- MR. HERMANSON: Just to bring you up-to-date on ~'~~-~'~ Page 76 March 7, 2001 (~ As you notice, there is really only one stipulation that staff is recommending, which is that we sustain our South Florida Water Management permit. And I wanted to give you just an update on where we are on that. Notwithstanding the fact that formalization of the agreement of the properties has to be made to maintain the flowway like you discussed earlier, I believe the technical issues on the project are substantially resolved. We made a re-submittal to the South Florida Management District last week. And I think we have addressed all of those satisfactorily. We may get a couple of clarification-type issues that may come up, but I don't 'believe there's anything substantial with respect to the plan. So I think we're doing pretty good on the Water Management permit. We can resolve the agreement issue on the flowway. We'll be all set. And, of course, our Corps permit is in with the other permits that are going to come up for public notice before. So I think -- I'm pretty optimistic about our permitting situation. CHAIRMAN SANSBURY: Question to the petitioner? Yes, ma'am. COMMISSIONER SANTORO: This particular development then is within the growth management line, is it? MR. DUANE: Yes. It's entirely within the boundary of the urban area and it's straddled in between projects that already have zoning to the north and south of us. The Old Cypress PUD has -- COMMISSIONER SANTORO: Whereas the one next-door is -- MR. DUANE: Right. The one next-door was a little further to the east and abutted the CREW lands. So i appreciate you recognizing that. COMMISSIONER SANTORO: And there's no problem with water or sewers for your particular location? MR. DUANE: Well, we're served by the same sewage treatment plant that you may have discussed earlier. And there will be improvements coming on-line. And if the capacity is not here when we'r.e ready to pull permits, then we won't be putting ouses up, only infrastructure. CHAIRMAN SANSBURY: Yes, sir. . COMMISSIONER CARLSON: How much of the project area is ~urlsdictional wetland? Page 77 I CCT ?-3 tO01 March 7, 2001 CHAIRMAN SANSBURY: Can I do one thing real MR. DUANE: I would refer to Mr. Hall, but a substantial portion of it is jurisdictional wetlands, as I understand it. 533 of our 646 acres. COMMISSIONER CARLSON: So what does that work out to; does somebody have a calculator? But basically my question is -- COMMISSIONER COE: 95 percent, 94 percent. COMMISSIONER CARLSON: How then does the design of your residential project minimize impacts to the jurisdictional wetlands? MR. DUANE: Well, we've minimized our impacts by providing you almost 300 acres of our section and contributing to a flowway and preserving an upland area that Mr. Lenberger pointed out to you that is already here. And we've concentrated. our development in the areas of lower quality wetlands. I think I'm just echoing Mr. Lenberger at this point. But have preserved the heart of it, as we should do. COMMISSIONER CARLSON: But if this was an area that is already wetland, why would protecting 300 acres for a flowway -- why -- I mean, that just seems like a given to leave the wetlands in wetlands and minimize the spatial extent of the wetlands it's impacted. I mean, you're not giving anything by giving away a couple of hundred or 300 acres for a flowway. It has to be there. MR. DUANE: But we're also giving areas outside the flowway. We're substantially exceeding your minimal requirements that we should. We comply -- and I don't mean to be flippant, Mr. Carlson. We comply with Objective 6.2, 6.2(10), 6.2(13), 6.3, 6.4 and 6.4(6) as determined by your staff, i think that also needs to be given some weight today. We comply with your requirements as we understand them. And we're allowed a certain allowed -- a certain amount of latitude in impacting these lower quality wetlands, provided that we provide the mitigation that is called for in your plan as it exists today. Would you disagree with that? I am not trying to be argumentative, but I will just leave it at that. That's on the record. Your staff will - COMMISSIONER CARLSON: Well, I just think that - - d[ck,.that.,S--- Page 78 - OCT 2 3 2001 March 7, 2001 important in the middle of this because Karen has got to get out are not utilizing the same in.formation and the same assumptions. CHAIRMAN SANSBURY. Would the petitioner like to address that? MR. DUANE.' We agree with the stipulation that we've got to get a permit and we have to resolve these issues with the district. Just off the plans here -- I'm not sure this is the best forum to -- MR. THOMPSON: It's not. MR. DUANE: So-- CHAIRMAN SANSBURY: Okay, okay. Thank you very much. We really appreciate you ali's input in coming to see us today. I know you guys had a tough time getting up here. Okay. Mr. Carlson, I interrupted you. Go right ahead, sir. COMMISSIONER CARLSON: I forgot what I'was going to say. of here for a second? Can you -- you don't? Don't you guys have to head back pretty soon? I just wanted to stop for a second and see if you all had any comments on this particular petition, anything you wanted to say on this petition. I'm sorry. I didn't mean to interrupt you guys. I'm sorry. MR. THOMPSON: Richard Thompson, for the record. We have a lot of history on this project. I mean, we denied it two years ago. It has been, what, two, two and a half years in mitigation trying to come up with a plan that works. We are getting Closer to an engineering plan for the community. However, we did get a set of plans last Friday -- which the last time we sent out comments on this we were still lacking plans for the flowway. We now have a set of plans for the flowway and we have a set of plans for this development. And the two don't match. So we're still having the failure to communicate that we discussed earlier about the flowway and the design plans for this CHAIRMAN SANSBURY: It happens when you get old. COMMISSIONER HILL: Age does it. COMMISSIONER COE: With the hair goes the brain. COMMISSIONER LYNNE: You were stating that there is going to be loss of wetlands here and that there is no obVious effort at minimizing the impact on the wetlands. I beli~ve~tha~'~ what you were talking about. Page 79 ./ March 7, 2001 COMMISSIONER CARLSON: Okay. COMMISSIONER LYNNE: I guess one thing that bothers me -- and I don't know if it's important or not. Maybe other people on the Board know. I don't like to see cypress domes destroyed even if -- and put into the middle of a flowway. Cypress domes have got some really useful functions. And just to flood them out I don't think is, in general, a good idea. MR. HALL: Tim Hall, for the record. I just wanted to address both yours and, I think, some of Mr. Carlson's concerns. The jurisdictional on this property showed that there was 133 acres of uplands. The problem is that the uplands aren't all contiguous. They're not in one big lump sum. They're spread out all throughout -- throughout mostly the western portion of the project, which is where they have attempted to put the residential and the golf course development. The developer has also attempted to -- or has also managed to design the system to where those wetland areas are still hydrologically connected to the flowway in a manner such that when the -- when the elevation within the flowway preserve that was presented during the last presentation elevates, that water has the potential to flow back into the internal preserves and act as additional storage capacity for that drainage basin. The cypress dome is not being impacted. The two cypress domes that Steve had mentioned are not being -- the one is contained in the preserve area that you see in the lower corner. The dark green. That's one of the domes with a buffer around it. It is not just the dome. There is some upland and marginal wetlands surrounding that dome. So it is not right up against the development. It is contained within it. And, as I said before, it is still connected hydrologically so that the water table within the dome will elevate and lower as it does now. The other preserve up to the north contains mostly uplands. The applicant, the developer -- we could have minimized our wetland impacts by constructing some of the residential and some of the golf course within those uplands. However, those were the areas that historically had the. RCWs. And based on conversations with the wildlife agencies, it was determined that an attempt would be made to keep those areas in preserve and hopefully entice the woodpecker ~-t-O come~ Page 80 March 7, 2001 back into the area. It's wide en. ough and the existing vegetation, With a little management -- basically some removal of melaleuca that's coming into it and some mid-story management, taking out some of the wax myrtle or that mid-story vegetation and opening up the views between the remaining pine trees, would help to facilitate that. rm not arguing that there's a lot of-- there are a lot of impacts -- wetland impacts associated with this as well, but some of those impacts are a result of conversations that we've had with wildlife agencies in an attempt to preserve the uplands that are necessary to the species that would be utilizing the area. COMMISSIONER CARLSON: So the trees didn't burn up in that red-cockaded woodpecker area; those pines are still fine? MR. HALL= No. The trees that had the cavities in them -- I believe all but one are dead. The one that is remaining was being used by a downy. The one cavity -- the one remaining cavity was being used last year by a downy. I apologize in that I did not do the original threatened and endangered species survey on this site. ! have done some follow-up work since I became involved with it. And I have seen no other activity. COMMISSIONER CARLSON: Okay. MR. HALL= The fire -- as I had explained earlier on the other one, the fire caused a lot of damage through there in that the trees that were already stressed -- I believe because of the fluctuating water levels, the fire either killed them outright or stressed them further to where the bark -- a bark beetle infestation came in and killed off the rest of them. CHAIRMAN SANSBURY: Questions for the petitioner?. COMMISSIONER HILL: What's the distribution of multifamily and single-family? MR. DUANE: The 850 units can be either single or multifamily. It's the option of the developer. CHAIRMAN SANSBURY: Okay. Anything else? COMMISSIONER HILL: Could you further minimize impact on the wetlands by clustering -- and rll use the term high-rise, multi-story as opposed to single-family; the concentration? Page 81 {~T ?- ~ ~u, MR. DUANE: Well, that's theoretically possible, but the -- the preference for my client is for this to have more of a mix-of ~ ~ -- March 7, 2001 single-family uses than multifamily uses on the project. If we did what you suggest, which is, again, possible, we could probably avail ourselves of a great number of more units in this project. But we've chosen to keep it at a Iow density project at about one dwelling unit per acre. MR. HALL: Tim Hall again. Something else I might just want to draw your attention to briefly is that the preserve on the eastern boundary was designed to match up with either what's existing or what is proposed for the developments to the north and to the south. The line on the southern boundary matches up with the existing Old Cypress preserve boundary. It doesn't -- if we went further to the west, you would have the preserve up against the residential component of Old Cypress. And on the north side, it matches up with the boundary that is proposed in the Parklands DRI. Another thing that the developer did was he did give up some of his residential lots to -- to keep wooded areas so that, in essence, a corridor or at least a -- there is a pathway from all of the preserve areas to the larger preserve area without anything having to go through somebody's yard. There's either a forested or a golf course connection from all of those preserve areas to the large preserve area outside. CHAIRMAN SANSBURY: Okay. Thank you. Any discussion? Hearing none, what is the pleasure? COMMISSIONER HILL: I guess it needs to be said - and back to my question about multi-story. The County, and in particular this Council, has the charge to protect the environmental aspects of Collier County. When you come to residential development with the requirements that are stipulated in the land development code, particularly with respect to wetlands, functioning wetlands -- I don't want to sound nasty, but developer's preference as opposed to multifamily versus single-family I don't think is a major - is a major factor in what we can consider here. We have to weigh property rights and the environmental problems. And that scale is not easy all the time. And you can get the same density - you can get a higher density if you want, more towards what is allowed, and still minimize -- further minimize the impact on wetlands. And that's where we're coming from. And that's a difficult'~''~'~ March 7, 2001 ~ balance to -- to find. And I think, we need to perhaps put more pressure on developers to cons;der those sources. MR. DUANE: I understand your point. And my point is that this is a market-driven project. I don't know that there's a market for high-rise development at this location. Clustering, we all use that term. But we have 140 acres out of our 650 acres that we're actually constructing units on. So that represents a minority of the project area. But I understand your point, but the market is for a plan somewhat what you see today. I'm not aware that there is anything that mandates us to be multifamily or single-family, but philosophically I understand your point entirely. CHAIRMAN SANSBURY: How many units are we planning to put on here? MR. DUANE: There would be a maximum of 850 units on 646 acres at 1.3 units per acre. CHAIRMAN SANSBURY: But I mean on the 140. MR. DUANE: On the 140 it would be probably closer to six or _.seven units per acre. CHAIRMAN SANSBURY: Six or seven units per acre. You're talking muitifamily housing. You're talking villas on 50.foot lots or you're talking two-story condos. MR. DUANE: Or the density goes down. CHAIRMAN SANSBURY: Yeah. Or the density goes down. COMMISSIONER HILL: I understand that. But all I'm saying is to look for a balance between environmental impacts and density. I think that's one of the problems this Council has in resolving proposals of this nature. CHAIRMAN SANSBURY: Okay. Any other discussion on this particular petition? Okay. Public comment. I forgot about that. Nobody is here. Yes, sir. MR. NEALE'- Jerry Neale. I just need to stress one thing that -- unfortunately they have left. But the wetland issue of this development has been approved and it was approved by South Florida Water Management somewhere around September, November of last year. The only thing we're working out is the~ flowway design as to what kind of channel. ' I don't know if you were aware of the fact that South FLorida is on record. They have already approved the plan, as fa~ as Page 83 OCT 2 3 March 7, 2001 impacts and our proposed mitigation. CHAIRMAN SANSBURY: Okay. The pleasure of the Council. MR. WHITE: Mr. Chairman, I'd just ask that if there is any disclosures required regarding contacts -- CHAIRMAN SANSBUR¥: I forgot about disclosures. Sorry about that. MR. WHITE: Thank you. CHAIRMAN SANSBURY: Did anyone have any discussion with the petitioner regarding this item? Hearing none, what is the pleasure? COMMISSIONER SANTORO: I thought that when the South Florida Water District people were here they still had some concerns. CHAIRMAN SANSBURY: On the flowways. COMMISSIONER SANTORO: Yeah. And he's saying that they gave the permit~ but -- CHAIRMAN SANSBURY: No. That's not what he said. COMMISSIONER SANTORO: i'm sorry. COMMISSIONER COE: Only on what impacts for the wetlands. COMMISSIONER SANTORO-' Oh~ not the flowways? COMMISSIONER COE: Not the flowways. MR. HERMANSON: May I try to answer that? George Hermanson again. I don't really know what Richard was saying. There was -- we had a very extensive meeting with him about a month ago before we made our last submittal. He said the flowway cross section you have doesn't match what we are looking at here. He has put these dimensions on here. He put them on just like you said. And so I don't really know what he means by they don't match. But on the way out he said~ "Let's have a meeting next week," So Rick and I are going to go up and resolve it, It's just a matter of putting the dimensions on the drawings that he wants, And.maybe we're having a misunderstanding. there~ but that is not an issue. We'll put any dimension they-. want, It is not a problem, CHAIRMAN SANSBURY: Okay. .,. MR. CHRZANOWSKI: I don't think it's that simple. T~ he,..,,_.~...~,.,~,~ district did tell me that they have other problems with this Page 84 / March 7, 200t project as they were leaving. MR. HERMANSON: Did they say what? MR. CHRZANOWSKI: No. I don't know. MR. HERMANSON: The only-- I can bring our comment letter that we got. There were no concerns within the project. As Jerry mentioned, the wetland issues have been resolved. We' have had no additional comments about the wetlands. There were a lot of clarifications as to the way the drawings appeared. We've taken care of that. We may get a call on some minor -- straggler issues is what I call them. But I don't know what the flowway issues -- other than possibly some dimensional changes and formulating the agreement for the maintenance of the system. MR. CHRZANOWSKI: The district has left and I have heard two people in a row say that they don't have any problems with this project. But they did tell me that they do before they left and they hung around purposely to talk about this project, so -- MR. HERMANSON: About the flowway? MR. CHRZANOWSKI: Well, no. About the whole project, yes, and the flowway. They said that the big problem with the flowway was that the two sets of drawings that they have don't match. But they told me they had other problems with the project. I don't know what they are. MR. HERMANSON: I don't know. Maybe it's a question of: Is the glass half full or half empty? I don't know how to -- I don't know how to address those, Stan, beca~:$e that isn't the tone of their letter at all. CHAIRMAN SANSBURY: But the bottom line is that you don't get a permit until they agree to it. o* MR. HERMANSON: That's correct. We have to cross every CHAIRMAN SANSBURY: Okay. · .... ;.'~i~. MR. NEALE: May I interject one thing? .~ CHAIRMAN SANSBURY: Excuse me. ~' MR. NEALE: The points that we're referring to that have .... ~ Page 85 ! ~' ~- 3 ~u~l already been approved -- because we are going through this .... procedure with South Florida Water Management, they arer'~**'' documented by the attorney on our side, the attorney'for SoUth~'~''* Florida Water Management, and the mediator attorney that;-was.,-, appointed by the courts. So the things we're saying, we March 7, 2001 you the legal documents that say what we're saying is the facts. CHAIRMAN SANSBURY: All right. Very good. Okay. Let's decide what we're doing here, folks. Mr. Hill, you were so articulate before when you put that one together, do you want to try it again? COMMISSIONER HILL: No. ! have -- I have a problem with what's been quoted here as -- with respect to the procedure. We now find that supposedly, according to the representative of the developer, that South Florida Water Management District has already approved all of the wetland considerations. That disappointments me if that is the case. That that has been done prior to it coming before the Environmental Advisory Council. Something is it out of order here if that indeed is the case. CHAIRMAN SANSBURY: Well, really the unfortunate fact is that South Florida doesn't pay a lot of attention to us when it comes to wetland designations. COMMISSIONER HILL: Well, maybe we have to change that or at least try to change it. I mean, if this Council is to have any viable position in Collier County, maybe we need to strengthen our horns a little bit or sharpen them or do something with it. Maybe we'll be heard at some point in time. We've been given the charge of coming up with wet -- improved wetland ordinances. Well, good heavens, why waste -- spin our wheels if nobody is going to pay any attention to -- CHAIRMAN SANSBURY: Well, the County Commission will be paying attention to us. And that's the process. COMMISSIONER HILL: Are you sure about that? CHAIRMAN SANSBURY-' South Florida has their set of rules. Maybe they will, maybe they won't. I don't know. COMMISSIONER HILL: Okay. CHAIRMAN SANSBURY: But that's where that wetlands is going to go. I mean, South Florida has their set of rules that they follow -- they have to follow. And what -- you know, those rules are not necessarily -- as I mentioned when we were talking about our wetland ordinance~ they are not necessarily the same rules that we're putting together. They're very close, but those rules are not going to change for something we do. COMMISSIONER SANTORO: Can I say something? CHAIRMAN SANSBURY: Yes. Page 86 March 7, 2001 COMMISSIONER SANTORO: One of the things that we're looking at is wetlands ordinance. And ! have heard two developers come in and say -- one specifically said 75 percent melaleuca, well, then it is not jurisdictional wetlands. It is interesting that both of these projects are coming in with 50 percent of wetlands being affected and they're melaleuca infected. We all looked at that and said we don't want that greater than 75 percent making it a Type III. We want anything with a flowway being a Type I. So our mentality is saying, "Don't affect more than five percent at the most of an area." And you're all coming in affecting 50 percent. And I think this is -- and on top of that we had -- CHAIRMAN SANSBURY: Remember, that's an ordinance that has not been passed by the County Commission. COMMISSIONER SANTORO: I know. But I'm saying mentally this is what this Board is about. And the question that the South Florida Water group came and said they still have questions on it, the question that the design is not minimizing -- I looked and you don't have to have a golf course or a clubhouse. That's 133 more acres that you could give to the wetlands. So the question is: Is the design the greatest to allow for the least impact on wetlands? I think these are real questions that are coming up. CHAIRMAN SANSBURY: I think that somewhere in our equation when we're looking at things -- it is like a conversation I had one day with a staff person who was very -- that said, 'qNhy do you need 18 holes; why can't you lust have 177" There are some viabilities to a project that we have to look at. And the viability is it has to be matched with the environmental concerns. To have an 18-hole golf course is something that this developer is attempting to bring in within the wetland regulations that presently exist. Whether - again, whether it's perfect or not, I don't know. I think we have an opportunity again here with the flowway set up and a considerable number of -- a high number of wetlands preserved and enhanced because the quality we have out there. And, again, I think we're missing an opportunity. It's not perfect, Does it mess up a lot of areas that are wetlands, Page 87 March 7, 2001 to Mr. Carlson? I agree with him 100 percent. But what happens if this doesn't happen? Where does this land go? Where does that other piece of land go? There gets to be more melaleucas. There gets to be more fires. There gets to be more people dumping trash out there. This is an opportunity to start turning things around in this particular area and creating some flood relief and creating some positives, although there are some negatives. And that's -- that's all i have to say. COMMISSIONER SANTORO: I just want to add to it. I don't want to be totally negative. I had wanted to see both of these tabled for a little bit of looking at the design of the South Florida Water Management Group. So I'm just -- I'm just not completely sold right at this point. It is not that I think it is totally bad. And I do think it's good. The flowway needs improvement. You will help prevent flooding up in Bonita Springs. CHAIRMAN SANSBUR¥: Okay. Where do we move on this? Somebody has got to make a motion one way or the other. COMMISSIONER CARLSON: Well, let me ask one more thing real quick. Maybe there's no quick answer. But this went before the South Florida Management District governing board and they recommended denial? MR. HERMANSON: Yes, it did. I wasn't involved in the project at the time. I believe the flowway area was smaller. COMMISSIONER CARLSON: Yeah. Well, that was going to be my next question. What has changed since that? MR. HERMANSON: Well, the flowway has gotten larger. The flowway, as a concept, didn't exist at that time. It was maybe in some people's minds, but it wasn't brought to the point where it is now. This would not haVe participated in the flowway. So the difference is the flowway is a little bigger. They're participating in the flowway and the off-site mitigation. Those are the three big things that have happened. COMMISSIONER CARLSON: Was there no flowway.just because the land to the east was just not slated for development and that was going to be the flowway? MR. HERMANSON: I think when Mirasol jumped in that's ~ when the opportunity came and that's when Mr. Barker's firm got involved in trying to bring the solution to help not only t h~se~,~r~"-~'~ Page 88 March 7, 2001 projects, but help the -- the environmental issues and the flood issues, too. That's what really jump-started it. Until that happened, there was no way this project could stand on its own and say, "We can do this and help the area." And I did want to mention one thing. I hope you all aren't concerned with the fact that we are -- maybe aren't as far along with the Water Management District than we are. I realize that this is more complicated than most projects that you've seen. But in the vast majority of cases the zoning is approved first or is issued first. Very seldom do I come to this Council and say, "1 have my Water Management District permit already or my Corps permit." The majority of cases that comes a little later. We're usually in the process, like we are now, and we have a lot of questions that have to be answered yet. Because that's much more detailed than land use. This is just land use. We have to -- we have to put every dimension on the drawings just the way they want it. And that's the way it's going to be on this one, too. So I would hope that the fact that we are not inches away from the permit doesn't concern you overly so because that's the way it is on most projects. COMMISSIONER HILL: Mr. Chairman. CHAIRMAN SANSBURY: Yes, sir. COMMISSIONER HILL: Based on excessive impact on wetlands and the questions which seem to exist with respect to South Florida Water Management District, I move we recommend denial. COMMISSIONER COE: I second the motion. CHAIRMAN SANSBURY: Okay. Seconded by Mr. Coe. Any discussion? All in favor of the motion to deny signify by saying aye. COMMISSIONER GAL: Aye. COMMISSIONER SANTORO: Aye. COMMISSIONER COE: Aye. COMMISSIONER LYNNE: Aye. COMMISSIONER HILL: Aye. CHAIRMAN SANSBURY: How many is that? One,'two~ three, four five are' committing denial. All in favor of - against the motion to denial say a! 'e. Page 89 CCT 2 3 2~01 March 7, 2001 Aye. COMMISSIONER CARLSON: Aye. CHAIRMAN SANSBURY: Motion of denial passes 5-2. Thank you, gentlemen. Okay. Bill Hill had something on new business that he wanted to talk about. COMMISSIONER HILL: Very quick. I --with Bob Mulhere's resignation, I would like to see the Council go on record thanking him for his support of the Council and his efforts to Collier County and wish him the best in his future employment. I move that we put that in the form of a resolution or whatever. CHAIRMAN SANSBURY: So moved. Do I hear a second on that? COMMISSIONER CARLSON: Second. COMMISSIONER LYNNE: Second. CHAIRMAN SANSBURY: I believe it's passed unanimously. How is that? COMMISSIONER HILL: One of us should write it, I guess, maybe. CHAIRMAN SANSBURY: I would like to see Mr. Hill write it. How about you, Mr. Carlson? COMMISSIONER CARLSON: That's a good idea. COMMISSIONER HILL: I thought that that would be the Chairman's -- CHAIRMAN SANSBUR¥: We'll get it done. COMMISSIONER HILL: I guess I fell into that one. CHAIRMAN SANSBUR¥: Okay. We still have a quorum. (Commissioner Carlson left the Boardroom.) CHAIRMAN SANSBURY: .Start, are you going to be running this thing from this point on with Barbara gone? MR. CHRZANOWSKI: I wasn't intending on doing that, no. CHAIRMAN SANSBURY: *** Okay. We have -- do we need to have the comments back on the wetlands ordinance? Does- anybody have any further comments from staff since our last review of that? .~ i think we were pretty thorough on our last review, were we not? COMMISSIONER GAL: Did we finish our last review?. CHAIRMAN SANSBUR¥: As I recall, we were down to the last page of the last section, which was more the techni~ Page 90 CCI 2 3 2001 r,., 5:~ I APPLICATION FOR PUBLIC HEARING FOR: Petition No.: Date Petition Received: ........ -- Commission District: Planner Assigned: Af,~/~ ,,"~,( Zo ~' K1LSB9 General Information: ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) Applicant's Mailing Address City Ottawa Applicant's Telephone # 613-745-9122 Name of Agent Robert L. Duane Agent's Mailing Address P.O. Box 111629 City Naples Agent's Telephone # 941-254-2000 Robert Vocisano & Angelo Fawetto Place Venier, Suite 103, 333 River Road State Ontario, Canada Zip Fax # 613-746-1238 Finn Hole Montes, Inc. State FL Zip 34108 Fax # 941-254-2099 CCI 2 3 2COl 1 OF 16 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE I I I i I ! I ! I I ! I I Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address N/A City State __ Zip Name of Homeowner Association: Mailing Address N/A City State __ Zip. Name of Homeowner Association: Mailing Address N/A City State ~ Zip. Name of Master Association: Mailing Address N/A City State __ Zip Name of Civic Association: Mailing Address N/A City State ~ Zip 2. Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Robert Vocisano Percentage of Ownership 2/3 Angelo Fawetto 1/3 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 CCI 2 3 2001 PAG~ 2 OF 16 I I I I I I I I ! 1 1 bo If the property is Owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office N/A Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address N/A Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited panners. Name and Address N/A Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Address Kevin F. Leo 2291 Oaks Blvd Naples, FL 34119 Percentage of Ownership 100% APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Date of Contract: 12/01/00 PAGE 2231 _5-0 _ I Io i ! I I I I I I i I I I' If any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Address N/A list all Date subject property acquired ( ) leased ( ): June 6th, 1995 Term of lease N/A yrs./mos. If, Petitioner has option to buy, indicate date of option: N/A and date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public heating, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If reques! 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: 16 Township: 48S Range: 262 Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D.# 001.836 00000 Metes & Bounds Description: N/A 4. Size of property: 2646 ft. X 2663 ft. = Total Sq. Ft. + 646 Acres__ 5. Address/general location of subject property: Adjacent to and East of "Quail Creek" Adjacent to and North of "Olde Cypress" APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 I02T232231 PAGq 40V 16 I I I I ! I I I I I I I ! Adjacent zoning and land use: Zoning Land use lq PUD Vacant / Parklands S PUD Residential / Olde Cypress E AG Vacant W PUD Residential/Quail Creek 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). Section: ~ Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.# Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Agriculture Proposed Use (or range of uses) of the property: Residential Golf Come/Preserve and residential areas permitting 850 dwelling units. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. ~ £2T232001 PAGE 5~OF 16 o APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Standard Rezone Considerations ,(LDC Section 2. 7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence Hying conditions in the neighborhood. 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 activi.ty during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 1.5. Fr~hether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGI: 6OF...16 I I I I I I I ! I ! I 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. I1], 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. PUD Rezone Considerations (LDC Section 2. 7.3.2.5) 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. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this ~pe shall be made only afier consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of 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. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. '~- :,,. ~:,~:,-~ ~,x~ cci 2 3 2001 PAGI 70IE,16 -- I Io I I I I I I I i I I I ! 10. Deed Restrictions: The County is legally precluded fi.om 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? No 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; 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 8~A'' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · 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, a. An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 OCT 2 3 PAGI: 8OF16 ~.6 1 P~. 2001 I I ! I I ! i i I I I I 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.). Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); 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. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAG OCT 2 3 2001 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 3.. NAME OF APPLICANT: Robert Vocisano & Angelo Favretto MAILING ADDRESS: CITY Ottawa Place Venier, Suite 103, 333 River Road STATE Ontario, Canada ZIP K1L8B9 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A 4. LEGAL DESCRIPTION: Section: 16 Lot: N/A Block: Plat Book N/A Page #:__ Metes & Bounds Description: Township: 48 South Range: N/A Subdivision: N/A N/A Property 1.D.#:001.836 00000 N/A 26 East TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLANT ~-] (GPD capacity). e. SEPTIC SYSTEM [--] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 13 2 3 2001 I 7. TOTAL POPULATION TO BE SERVED:850 Units PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 654,500GPD AVERAGE DALLY 327,250 GPD B. SEWER-PEAK 510,000 GPD AVERAGE DAILY 225,000 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL I WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2002 . i I I I I 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided fi.om tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. L I I I Utility Provision Statement RJM 10/17/97 I ! I APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PA( OCT 2 3 2001 AFFIDAVIT We~l, ~&g.~,..~ ~/o~.fJ:~,~O t~,~'J_.o ~Vrgffobeing first duly sworn, depose and say that we/I am/are the owners of the pr[~perty described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. 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 W/e/I further authorize Robert L. Duane as our/my represenfattve/ in any matters regarding this Petition. / Signature of Property C ner to act Signature ~f Property Owner q Robert Vocisano Angelo Favret to Typed or Printed Name of Owner Typed or Printed Name of owner The foregoin~ instrument w,.as acknowledged before me this / q~4~ day of ~ by ~/~z~o ~ ¢~ ~,> who tspersonally ~ow~ to me or hasproduced x~ I~ as ident~cation. / ' State of Florida County of Collier APPLICATION FOR PUBLIC HEARING FOR PUD REZONE o 10/98 (Signature of Notary Public - State of I''' Name of Nota~ Public) ~'~"~"~'~f . PAGE Il OF16 roperty Information Report CDPR1002 - Property information Report PARENT PARCEL PHYSICAL STREET LOCATION 0000000000000000 482616 482616 TRS= , NAFLES AREA NORTH , 'o NBA '~000183600000 I BLOCK BLDG LOT UNIT 001 .000 USE CODE CLASS CODE I 60 0 SHORT LEGAL i16 48 26 ALL, LESS W 60FT + W 2670FT OF S 60FT + N 30FT OWNER NAME VOCISANO TR, ROBERT OWNER ADDRESS ANGELO FAVRETTO TR % QUALITY INN 4100 GOLDEN GATE PKWY NAPLES, FL00C0 341166522 FULL LEGAL DESCRIPTION 16 48 26 ALL, LESS W 60FT + W 2670FT OF S 60FT + N 30FT I i ! I ~NG~ TW__~ SECT ST~P 26 48 16 482616 001.0003B1 ~ MILL AREA TOTAL ACS___SC 122 625.00 .HDR REF FLAG XTRA LGL CNT PREVIOUS OWNER VOCISANO TR, ROBERT %~llier County TD-Plus for Windows 95/98/NT Printed on Ii Page 1 of 1 CCi 2 3 2001 I I I I I I I I ! ! I ! ! UTILITY NARRATIVE The project is within Collier County's Water - Sewer District and will be served by the County with both potable water and sanitary sewer services. It is proposed that Terafina connect to a 16- inch water transmission main in Quail Creek near the southwest corner of Terafina. Where feasible, the distribution system in Terafina will be interconnected to mains installed in Olde Cypress to the south and/or Quail Creek to the west. This will provide loops to complete a network that interconnects a number of developments north of Immokalee Road and east of 1-75. The project will obtain sewer service via an existing 16-inch force main along Immokalee Road. When Olde Cypress was constructed, an 8-inch force main was extended up to the entrance of Olde Cypress which will be extended to serve Terafina. The County's transmission facilities in this area have adequate capacities to serve the Terafina development. W:\ 1995~ i 995087XR. LD~PUD\Lrrl LI TY NARRATIVE.doc ,~r 2 3 2001 I HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS I i I I i i ! I i ! I I I I ! 950 Encore Way - Naples, Florida 34110 - Phone: 941 254.2000. Fax: 941.254.2099 December 27, 2000 Mr. Ron Nino Collier County Planning Services 2800 N. Horseshoe Drive Naples, FL 34104 Re: Terafina Rezoning Application HM File No. 1995087 Dear Mr. Nino: Attached please find 15 copies of a rezoning application for the Terafina PUD located in Section 16, Township 48 South, Range 26 East, including a check in the amount of $15,805 to process the petition. The request is to rezone 646.5 acres of the property from Agriculture Use to a Planned Unit Development to accommodate 850 dwelling at a gross density of 1.3 dwelling units per acre. Proposed uses also include a golf course, clubhouse, opportunities for a Neighborhood Village Center on up to 4.5 acres, including 274 acres of both uplands and wetland preserve areas. The wetlands along the eastern portion of the property are preserved to create a flow way on lands to the south in the Olde Cypress PUD. Total proposed open space includes 457 acres or 70% of the subject property. 1. Existing Conditions The subject property is presently vacant. Utilities will be extended from the south along the western edge of Olde Cypress to meet the needs of the proposed development, which have been sized to take into consideration the proposed development. Lands to the South of the subject property are zoned for the Olde Cypress PUD which permits 1400 dwelling units on 538 acres or a gross density of about 2.2 dwelling units per acre. Residential and golf course development is occurring within Olde Cypress. The Quail Creek PUD is located west of the subject property on 640 acres and is approved for 296 dwelling units or a gross density of approximately .5 units per acre. The Quail Creek PUD is also undergoing golf course and residential development. Lands to the north of the subject property are zoned for the Parklands PUD on 642 acres and is approved for 1,603 units or a gross density of 2.5 dwelling units per acre. The Parklands is presently vacant. Lands to the east of the subject property are vacant and are zoned for Agriculture Use. In summary surrounding land use patterns and prior zoning approvals are similar in nature to the proposed development, which is a low-density residential golf course community, which is an appropriate use for the Subject property. Access to the subject property is proposed along a 60 foot easement along the west side of the property which will provide access to Immokalee Road and also lands to the north,,.w,_~ch ~is.thi( W:\ 1995\1995087~R-LD~PUDLRN Ltr. Ooc OCT Naples · Forl Myers. Venice Englewood .... ~2.~ ~---''~"''~'~ I I I I I I ! ! I I ! I I I Mr. Ron Nino December 27, 2000 Page 2 of 3 proposed Parklands PUD. Because of ease of access for lands located north and south of the subject property to access onto this roadway easement, interconnection between these planned developments is not anticipated as necessary at this location. 2. Environmental Considerations The E.I.S. for the proposed PUD is attached setting forth the impacts of the proposed development which include the lost of function and wildlife value of 288 acres of currently degraded wetlands and 82 acres of naturally functioning uplands. As previously noted 274 acres of wetland and upland preserve area is proposed with the largest concentration of proposed xvetlands to be set aside along the eastern portion of the property, for a flow way. Construction of the flow way will result in a large, exotic flee preserve contiguous to the Crew Lands to the east that will assist in providing enhanced wildlife habitat and will also provide flood relief to historically flood-prone areas of Bonita Springs and northern Collier County. Wood storks and fox squirrels were identified on the subject property in endangered species surveys. The management plan for these species will consist of the extensive preserve areas proposed as part of the planned development The proposed Terafina PUD has submitted an application for an Environmental Resource Permit with the South Florida Water Management District that contemplates off site mitigation in addition to on site preserve areas. It is anticipated that this permit will be in effect at the time of the hearing scheduled before the B.C.C. to review the rezoning application. No archeological resources have been identified on the subject property. 3. Growth Management Plan The subject property is located in the Mixed Use Residential Area as set forth on the Future Land Use Map. The maximum density permitted is 2,586 dwelling units. Eight hundred and fifty dwelling units are proposed in this rezoning request or a gross density of 1.3 dwelling units per acre. Opportunities are also provided for a Neighborhood Village Center on up to 4.5 acres or 40,000 S.F. on areas designated for either residential or club house use, internal to the project to meet the needs of future project residents. These intensities may also be found consistent with the Future Land Use Element and applicable provisions of the Collier County Land Development Code. In summary the proposed development intensities may be found consistent with the Future Land Use Element of the Collier County Growth Management Plan. W:\1995\1995087LRi,DkPUDLRN Ltr.doc I L I I I I I I I I I I I I I I Mr. Ron Nino December 27, 2000 Page 3 of 3 4. Transportation The T.I.S. included as part of this rezoning application indicates that traffic impacts are not significant. However, the proposed Terafina PUD will exceed 5% of service level "C" on Immokalee Road east of 1-75 and Immokalee Road west of 1-75. Because of planned improvements, which include the four laning and six laning of Immokalee Road, the proposed development will not adversely affect the level of service of this roadway. Therefore, the proposed PUD may be found consistent with policy 5.1 of the Traffic and Circulation Element of the Collier Cotmty Growth Management Plan. This policy requires rezoning with significant roadway impacts to require mitigation for roadway segments operating and/or projected to operate within one year at an unacceptable level of service, which is not the case for the proposed development based on the attached T.I.S. The proposed development is anticipated to generate 5,795 average daily trip ends and 560 p.m. peak hour trip ends at the time of project build-out. In summary, we trust you will find the proposed Terafina PUD consistent with the Collier County Growth Management Plan, the Collier County Land Development Code, and acceptable planning practices, and that you can support the proposed request. Should you require any additional information please don't hesitate to contac! me. Thank you for your consideration in this matter. Very truly yours, HOLE MONTES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD/Iaa W:\ 1995\1995087XKLD~PUD~ag, N Llx.doc O?_,T 2 3 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 8616N AND 8616S; BY CHA.,NGING THE ZONING CLASSIi:ICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE TERAFINA pUD LOCATED APPROXIMATELY 1.5 MILES EAST OF 1-75, ONE MILE NORTH OF [MMOKALEE ROAD (C.R. 846), IN SECTION ! 6, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 646.5:t: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Robert Vocisano and Angelo Favretto, 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 16, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Terafina PUD Document, attached hereto as Exhibit 'A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8616N and 8616S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency Ma~)r~M. Studer~t Assistant County Attorney g/admin/PU'D-2000.-21/RB/im -1- CCT 2 3 2 01 TERAFINA A PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 1995087 REVISED BY COLLIER COUNTY ON AUGUST 22, 2001 REVISED AUGUST 9, 2001 REVISED JULY, 2001 REVlSEO JUNE, 2001 REVlSED FEBRUARY, 2001 DECEMBER, 2000 EXHIBIT "A" 1 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals OCT 2 3 ~,~Ol i SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII TABLE OF CONTENTS Page Statement of Compliance ...: ................................................................................ 3 Property Ownership, Legal Description, Short Title and Statement of Unified Control .............................................................................. 4 Statement of Intent and Project Description .......................................... 5 General Development Regulations ..................................................... 6 Preserve Area Requirements .......................................................... 10 Permitted Uses and Dimensional Standards for Residential Development ..... 11 Permitted Uses and Dimensional Standasxia f~r Golf Course ..................... 14 Development Commitments ........................................................... 16 Exhibit A - PUD Master Plan Exhibit B - Legal Description EXHIBITS CCI 2 3 2'0,01 SECTION I STATEMENT OF COMPLIANCE The development of 646.5 acres of property in Section 16, Township 48 South, Range 26 East Collier County, Florida, as a Planned Unit Development to be known as the Terafina PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential component of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The property is located in the Urban Mixed Use District, Urban Residential Sub-district as depicted on the Future Land Use Map. The proposed gross density of 1.3 dwelling units per acre is consistent with the Future Land Use Element of the Collier County Management Plan, which allows up to four (4) dwelling units per acre at this location or a maximum of 2,586 dxvelling units. The total number of dwelling units proposed is eight hundred and fifty (850) on + 141 acres proposed for residential use. The subject property's location in relation to the existing or proposed community facilities and ' ' ' 1 required in Objective 2 of the Future services supports the development s res~dent~a density as Land Use Element. o The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the Future Land Use Element. 6. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 2.3 of the Future Land Use Element. SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 2.2 2.3 2.4 2.5 Property Ownership Robert Vocisano and Angelo Favretto are co-trustees for the owners of the subject property. Legal Description Section 16, Township 48 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit "B". General Description of Property The property is located approximately 1.5 miles east of 1-75, and one (1) mile north of Immokalee Road. Physical Description The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are (3) Malafar Fine Sand; (7) Immokalee Fine Sand; (14) Pineda Fine Sand & Limestone Substratum; (21 ) Boca Fine Sand; and (25) Boca, Rivieria, Limestone Substratum, and Copeland Fine Sands, depressional (16) Oldmar Fine Sand (10) Oldsmar Fine Sand Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD xvas Agricultural (A). Short Title This Ordinance shall be known and cited as the "Terafina Planned Unit Development Ordinance". Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. 4 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 3.3 Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Proiect Description The project contains 646.5 acres and includes land area for residential and golf course development including preservation areas comprising two hundred and seventy four acres. Total open space proposed is approximately seventy percent. The maximum number of dwelling units permitted is eight hundred fifty (850). Access will be provided from an existing sixty-foot (60') wide easement that is located along the western property line that provides access to the south to Immokalee Road and future access for lands located to the north. Land Use Plan and Project Phasing Bo The PUD Master Plan provides for areas of commercial and residential use, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately eight (8) years from the time of issuance of the first building permit, or 2008. However, actual build-out will depend on market conditions. SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Terafina Planned Unit Development and Master Plan. 4.1 General 4.2 4.3 The following are general provisions applicable to the PUD Master Plan: Ao Regulations for development of the Terafina PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Co'llier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate xvhich authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the Terafina PUD shall become part of the regulations that govern the manner in which this site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to. this development. Bo Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. Easements for Utilities Easements, where required, shall be provided for water management areas, u~lities.'/fiid pu. rpo.ses as may be required by Collier County. All necessary easements~ dedI~:~tions'-or other ~nstruments shall be granted to ensure the continued operation and ma~tenanee.o~all- 4.4 4.5 4.6 services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. Proiect Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governme, ntal agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laxvs of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. Bo A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of ti~ne it will take complete said removal, hours of operation and haul routes. '":~'-"-g 7 4.7 4.8 4.9 4.10 4.11 4.12 C. All other provisions of Section 3.5 of the LDC are applicable. Sunset and Monitoring Provisions The Terafina PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. Polling Places Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. Native Vegetation The project shall meet the requirements of Division 3.9, Vegetation R.emoval, Protection and Preservation of the LDC for the subject property. The preserve areas depicted on the PUD Master Plan comprise a total of 274.5 acres or forty-two (42) percent of the total site area and far exceed the minimum preservation area requirement of twenty-five (25) percent. Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space xvill be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC. Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. Common Area Maintenance 4.13 4.14 Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility ora homeowners' association to be established by the developer. Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Division 2.8 of the LDC. Signage All signage shall be in accordance with Section 2.5 of the Collier County Land Development Code, as applicable. 4.15 4.16 Off Street Parking and Loading All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. Landscaping All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code. 5.1 PURPOSE SECTION V PRESERVE AREA REQUIREMENTS 5.2 The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES The PUD Master Plan provides for 274.35 acres for upland and wetland preserve areas or forty two (42) per cent of the total site area. Minor adj~tstments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in xvhole or part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering within the Preserve Areas, after the appropriate environmental review. Any other use deemed comparable in nature by the Development Services Director. 10 SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 6.1 6.2 6.3 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Terafina PUD designated for residential development on the PUD Master Plan, Exhibit "A". Maximum Dwelling Units A maximum of eight hundred and fifty (850) dwelling units is permitted on areas designated "R" on the PUD Master Plan. Dwelling units may be single or multifamily. Guesthouses which are a permitted accessory use will be deducted from the total number of dwelling units permitted. General Description The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA 4. ACRES 4. PERCENTAGE 1. Residential 141.00 21.8 2. Lakes 56.08 8.7 3. Golf Course 126.76 19.6 4. Preserve Area 274.35 42.4 5. Club House Area 7.00 1.1 6. Maintenance Facility 1.80 .3 7. Right-of-way 39.50 6.1 646.49 100 The total open space area is seventy-one (71%) percent and comprises golf course, preserve, lake and buffer areas. The approximate acreage of the residential areas is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential areas are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in residential areas. 11 6.4 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 2. 3. 4. 5. 6. Single family detached dwellings Zero-lot line dwellings Two-family and duplex dwellings Single family attached and townhouse dwellings Multi-family dwellings, including garden apartments Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with residential uses. B. Accessory Uses and Structures Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities, maintenance facilities, a clubhouse, and guesthouses on lots greater than one (1) acre, not to exceed forty (40) percent of the size of the principle structure. 6.5 Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE ZERO TWO SINGLE MULTI- AND STANDARDS FAMILY LOT FAMILY FAMILY FAMILY DETACHED LINE & ATTACHED DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500S.F. 3,500 3,000 S.F. per 1 AC S.F? d.u. Minimum Lot Width (2) 50 35 45 30 100 Front Yard 20(4) 15 15 20 20 Side Yard (3) 6.0 0 or 12(3) 0 or 6 0 or 12°) 0 or .5 BH Rear Yard Principal 20 20 20 20 25 Rear Yard Accessory 10 10 10 10 10 Maximum Building 35 35 35 35 35 Height Distance Between N/A N/A N/A 10 .5 BH Structures Floor Area Min. (SF) 1600 1400 1200 1200 1200 in feet unless other~vise noted. BH = Building Height All distances ar4 12 Notes 2 ° Each halfofa duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot sideyard. Single-family dwellings, which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. mo Bo Co Guest suites in the clubhouse area shall be a minimum of six hundred (600) square feet in area. See also Section VII. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty-five (25) feet above grade. Development of individual tracts has not been finalized at the time ofrezoning with respect to the particular type of residential dwellings. The location and mixture thereof, will be based upon the following factors as are deemed appropriate by the Development Services Director for the harmonious development of each tract with a minimum of interference between different housing types based on the following criteria. 1. Physical separation of housing types into discrete areas. 2. Landscape or constructed ban'/ers between different housing types meeting at a minimum the standards of Division 2.4, Landscaping of the Collier County Land Development Code. 3. Separation of housing types by common amenities. 13 7.1 SECTION VII PERMITTED USES AND DIMENSIONAL STANDARDS FOR GOLF COURSE Purpose The purpose of this Section is to set forth regulations for the area designated as Golf Course on the PUD Master Plan. 7.2 Permitted Uses and Structures No building or structure, or part thereof, may 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 2. 3. 4. Golf Course Golf clubhouse and country club Water management facilities Guest suites Permitted Accessory Uses and Structures Pro-shop, practice driving range, and other customary accessory uses for golf courses or other recreational facilities. Small commercial establishments, including girl shops, golf equipment sales, restaurants, cocktail lounges, and similar uses intended to exclusively serve patrons of the golf and country club or other permitted recreational facilities. Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. Tennis and other racquet sports courts. Maintenance shops and equipment storage. Non-commercial plant nursery. General Requirements 4. 5. 6. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and twenty-five (25) feet from tract boundaries and the setback areas shall be landscaped and maintained to act as a buffer zone. Lighting facilities shall be arranged in a manner, which will protect roadways and neighboring property from direct glare or other interfere ~nce:- · Maximum height shall be fifty-feet (50') above the finished i'ade.;£the The off-street parking will be as required by the Collie: Cot~fii~-'-La-fi-ffd---~' Development Code. , .... ,- ' Landscaping shall be provided as required by the Collier County Land o Development Code. The total number of guest suites will be governed by the maximum number of dwelling units permitted in the Terafina PUD as set forth in Paragraph 6.2 of this ordinance. The minimum floor area of guest suites shall be six hundred (600) square feet and they may be attached or detached from the clubhouse and are available for only residents or their guests. 15 8.1 8.2 SECTION VIII DEVELOPMENT COMMITMENTS Environmental Standards The purpose of this Section is to set forth the environmental commitments of the project developer. Ao Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space and passive recreational uses only. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as Preservation Tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. Co Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. For this site, a minimum of 274.35 acres of native vegetation shall be retained on site. Do An exotic vegetation removal, monitoring and maintenance (exotic flee) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. Eo The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction approval. Fo The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. G. Portions of the PUD designated as a preserve area along the eastern portion of the property will be connected as a flow-way with lands to the south in the Olde Cypress PUD District and lands to the east in the Marisol PUD District to improve water management function in the general area and to lessen flooding. Transportation Requirements The purpose of this Section is to set forth the transportation commitmen[ts development. The developer shall provide arterial level street lighting at the project entrance. Such lighting shall be in place prior to the issuance of any certificate of occupancy. Bo The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. Roads internal to the project serving the residential uses shall be private and dedicated to the Homeowners Association for perpetual maintenance. Fo The developer shall provide turn lanes at the project entrance and golf maintenance entrance, prior to the issuance of the first certificate of occupancy for the first structure in accordance xvith the Collier County Public Right-of-Way Manual and Ordinance 82-91. The developer shall make a fair share contribution towards the capital cost of traffic signals at the project entrance when deemed warranted by the Transportation Services Director, which is anticipated to be necessary for the efficient distribution of traffic in the general area. These signals will be owned, operated and maintained by Collier County. Ho Prior to preliminary site plan or plat plan approval, the developer shall provide a detailed Traffic Analysis to evaluate the operational conditions and level-of-service of the Collier County Road System. The detailed operational analysis shall at a minimum include the Immokalee Road corridor from Livingston Road to Collier Boulevard including intersection and arterial evaluation of the existing and build-out peak season/peak hour conditions. Should the detailed analysis identify a deficiency, the developer shall be required to provide mitigation, or be limited to the amount of development, which may occur until such time that the deficiency is resolved. However, if the traffic analysis demonstrates that there are no deficient intersections with the Immokalee Road Corridor from Livingston Road to Collier Blvd. through project build-out no further traffic analysis will be required. Jo An additional twenty (20') feet of right-of-way will be provided along the western edge of the Terafina Development to provide for a total of eighty (80') feet of right- of-way along the extension of Logan Blvd. A sixty (60') foot right-of-way presently exists. The develor~er of Terafina will construct the extension of Logan Bl~d. to the proposed project entrance for Terafina. The additional roa~l right-~f-,v~ will-be dedicated to Collier County at the time of platting. 8.3 Utility Requirements 8.4 The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. mo Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off- site sewer facilities are available to serve the project. Co Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. Do The utility construction documents for the project's sewerage system shall contain the design and construction of an on-site force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station xvith appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. Engineering Requirements mo Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staffprior to any construction drawing approvals. Co Do Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. The developer and all subsequent owners of this project shall be require~"tosatisfy the requirements of all County Ordinances or Codes in effect prior ~o or'~bncurrent with any subsequent development order relating to this site, ~nclud~ng but not hm~ted 18 i P'~' ~'~ 8.5 to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. Ao Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. Bo Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting, which is required for the subject property. A surface water management permit must be obtained from the SFWMD prior to any subdivision or site plan approval. 19 LEGAL DESCRIPTION ALL OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO PHOSPHATE, MINERAL, METAL AND PETROLEUM RESERVATIONS RESERVED TO THE STATE BOARD OF EDUCATION IN DEED RECORDED IN DEED BOOK 37, PAGE 93, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND EXCEPTING THE WEST 60 FEET AND WEST 2,670 OF THE SOUTH 60 FEET AS A ROADWAY EASEMENT FOR INGRESS AND EGRESS. (EXHIBIT "B") 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 contain,'; 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 2 3 2001 overhead doors, were going to be facing White Lake Boulevard and visible from Interstate 75. This wall and the landscaping are intended to screen the view of the back of those industria~ buildings, consistent with the intent of the Interchange Activity Master Plan and the Land Development Code's Architectural Standards. 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 Buildin.q Code Administration Total $818,291.00 $109,012.00 $58,8OO.OO $14,191.00 $980.00 $98o.oo $1,0.02,254.00 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 rnethod 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 (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 0el 2 3 2 p~.~ 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 required. 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: ,S4J,~AN MURRAY, AICP / CURRENT PLANNING MANAGER 3 DATE" ~HOMAS E. KUCK, P. · ~v INTERIM PLANNING SERVICES DIRECTOR TRA/I~S PO~TATDI oENR'AADI CM IPN I STRATO R APPROVED BY: DATE JOHN ~. DUNNUCK III DATE INTER~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMIN1JSTRATOR Petition Number: PUDA-92-08(1) 4 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 OCT 2 3 2001 pg. 5 __ 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. 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 (Indus[rial 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 Boulevard is currently a 4-lane arterial 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 A~A ~T~ No. OCT 2 3 ;~001 pg. I'7 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 OCT 2 3 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 Document: The White Lakes Corporate Park 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. 4 P~.?~ 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: DATE ~NYENRI~ cDdoI~II~jCNI~ DEVELOPMENT&ENVIRONMENTAL SERVICES ADMINISTRATOR 5 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. COLLI EF~COUNTY PLANNINC'~MMISSION: JOYC~-ANN/~ J. RAUTIO, CHA)RMAN 6 OCT 2 3 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 r~etwork 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 Finding: 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. 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 2 3 2001 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 objectives and policies of the Growth Management Plan. Pro,: the goals, 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 e 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 Findinq: 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 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 Finding: 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. AGE. I~A ITEM OCT 2 3 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 Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for in the Industrial and commercial zoning districts. OCT 2 3 2001 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: 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: Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. 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: 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 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 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. Summary Findinqs: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is located within close proximity of other 1 OCT 2 3 2001 e 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 Findings: 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 Findings: 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 2 3 7.001 St 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 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. 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. OCT 2 3 2001 10. 11. Summary Findinqs: 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 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 Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 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. OCT 2 3 2001 P~.?_L.~ 12. 13. 14. 15. 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; ProlCon: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE 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 2 3 2.001 16. 17. ProlCon: Evaluation not applicable. Summary Findings: 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 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 Findin_qs: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. 6 OCT 2 3 2001 ... 2.1 ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9635S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT 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 PROVDING AN EFFECTWE 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", ~vhich 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 accordingly. 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 entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. .o._? V ., OCT 2 3 2001 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, :lorida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjoj'ie M. Student Assistant County Attorney G;admin/PUD.92-O$(l ). CB/cw BY: JAMES D. CARTER, Ph.D., CHAIRMAN -2- ~,._ ? 'F' ..... OCT 2 3 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 COLLAR COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WILLIAM T. HIGGS 2666 AI2~ORT ROAD SOUTH NAPLES, FLORIDA 34112 PREPARED BY: RWA, INC. 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 9/7/01 Exhibit "A" OCT 2 3 2001 ,,.2.,¥ TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section Il Section HI Section IV Section V Legal Description, Property Ownership and General Description Project Development h:tdustrial Development Standards Conunercial Area Development Standards Development Connnitments i ii I-1 ILl III-1 IV-1 V-1 OCT 2 3 2001 LIST OF EXHIBITS AND TABLES EXHIBIT A TABLE I PUD MASTER PLAN PROJECT LAND USE TRACTS OCT 2 3 2001 STATEMENT OF COMPLIANCE The development of approximately 144.4 acres of property in Collier County as a Planned Unit Development to be ka~own as White Lake Corporate Park is in compliance with the goals, objectives and policies of Collier County as 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 Management Plan for the following reasons: 10. The subject properly proposed for development is within the Interchange Activity Center Subdistrict, and the Industrial District as identified on the Future Land Use Map' as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The subject property is located in Activity Center #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 x,x, qfite Lake Corporate Park PUD shall be consistent with the Activity Center #9 h~terchange 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 industrial/business park activities. The project is a mixed-use development located wittfin a designated Activity Center, therefore, the proposed connnercial, 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 Park PUD will result in an efficient and economical extension of conununity facilities and setwices as required in Policies 3.1.H and L of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The White Lake Corporate Park PUD is planned tc incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final Development Orders within thc White Lake Corporate Park PUD are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. ii OCT 2 3 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 monumented and occupied line. All that part of Section 35, Township 49 South, Range 26 East, Collier County, Florida and being described as follows: Connnencing at the West ¼ Section comer of said Section 35; thence along the East and West ¼ Section line of said Section 35, North 89°-00-01'' East 401.67 feet to the Easterly Right-of-Way line ofi-75 and the POINT OF BEGI]'~XI1NG 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°-5Y-50'' East 1041.03 feet; (4) South 690-00-33" East 516.30 feet; (5) South 73°-00'-33TM 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'-08TM 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 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 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 OWNERSItlP The subject property is currently under the unified ownership of William T. Higgs, 2666 Airport Road South, Naples, Florida 34112. I-1 2001 1.4 PHYSICAL DESCRIPTION A. 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. 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 to 12.0 feet of elevation category. F. The site is located in Flood Zone X according to FlYdVl Map, panel 425 of 1125, Collier County, Florida. G. The soil 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 Smwey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Ser-,,ice) in March, 1954. H. The property was historically utilized as an earth mining operation. Presently, the property is being developed in accordance wiih 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 conunercial 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 conunercial component of the development is limited to 96,165 square feet of gross leasable floor area, and will be located on a 7.854- acre parcel. The cmmnercial land uses proposed are those typically associated with major interchanges, including, but not limited to, convenience stores with gas pumps, restaurm~ts, 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 SIlORT TITLE This Ordinance shall be 'known and cited as the "White Lake Corporate Park Planned Unit Development Ordinance". I-2 SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the 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 doctwaent, 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 regulalions fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Bo 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, xvaived 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. Development permitted by the approval of this petition ,,viii 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 mo The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There will 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". ll-I . OCT 2 3 2001 TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE+ 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 other 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 2.5 The intent of the Developer is to proceed with and complete the subdivision process for the final phase of development and to construct the infrastructure improvement as soon as all necessary permits are received, h~dividual lots will then be sold to prospective end-users for development. Build-out is estimated to occur in lhe year 2002. 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+ Ac. 2.6 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a record plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Development Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. 11-2 Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. If required, a preliminary subdivision plat shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Develop~nent Code, mad 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 developxnent of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for 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 may portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural 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 wkh the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from the 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 RIGItTS-OF~WAY All platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Conmmnity Development and Enviromnental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.9 AMENDMENq'S 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 Land Development Code. I1-3 OCT 2 3 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 'the time of adoption of this Ordinance establislfing the Wlfite 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, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provision for the perpettial 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 ttu:oughout 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 Pemfit, along with plans showing the locations and cross-sections shall be submitted to Collier County Plamfing SeD'ices Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. 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 '~X&ere 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 Management 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. II-4 OCT 2 3 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 PUD 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 ARCHITECTURAL DESIGN GUIDELINES AND STANDARDS Conunercial 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 fi.om 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 #9 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. OCT 2 3 200! 3.1 3.2 SECTION III INDUSTRIAL DEVELOPMENT AREA PURPOSE The pm-pose 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 Uses~: 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, sen, ices, and parking as defined in Major Group 75; 4) Building construction as defined unde. r Major Group 15; 5) Business services (industry Numbers 7312, 7313, 7319, 7334-7336, and 7342-7389 ); 6) Conm~unications 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 machinery 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; III-2 ~ Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. OCT 2 3 200I 16) Industrial and conunercial machil]ery 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; 2 I) Membership organizations (Industry Numbers 8611 and 863 I); 22) Miscellaneous manufacturing industries as defined under Major Group 39; 23) Miscellaneous repair services (Industry Number 7692); 24) Motor fi'eight transportation and warehousing (industry Numbers 4212 - 4226); 25) Paper and allied products (h~dustry Numbers 2652-2679); 26) Personal services (h~dustry Number 7219); 27) Pr/nting, publislfing, and allied indust3ies as defined under Major Group 27; 28) Rubber and nfiscellaneous plastics (Industry Numbers 3021-3089); 29) Stone, glass, and concrete products (h~dustry 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 (h~dustry Numbers 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. OCT 2 3 2001 3.3 Bo Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities; 2) Customary accessory and incidental uses and structures 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%) 6f 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 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. B. MIN13,1UM LOT AREA: 20,000 square feet. C. AVERAGE LOT WIDTH: 100 feet. D. Mlgxrl2vlUM 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 STRUCTURES: Placement of structures shall be in compliance with NFPA standards for fire safety, with no less than 10 feet of separation. F. MAXIIvlUM HEIGHT: 50 feet. G. MINIMUM FLOOR AREA: 1,000 square feet. H. OFF-STREET PARKING AND LOADING REQUIILEMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. Ill-4 OCT 2 3 2001 OUTSIDE STORAGE: Outside storage of manufactured products, raw or finished materials, or vehicles other thm~ 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 materials approved by the Collier County Planning Services Director. SECTION IV COMMERCIAL DEVELOPMENT AREA 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "C", Commercial Development Area on Exhibit "A", PUD Master Plan. M.&XIMUM COMMERCIAL SQUARE FEET The 7.85± acre Commercial Development Area (Tract "C"), shall not be developed with more than 96,165 square feet of conmmrcial uses. Should a hotel or motel be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average am~ual daily trip generations. USES PER~MITTED 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 ser,,ice stations (Industry Numbers 5531, and 5541); 3) Building materials, hardware, and garden supply (industry Numbers 5211- 5261); 4) Business services (Industry Numbers 731 i, 7334, and 7371); 5) Carwashes (IndustiD'Number 7542); 6) Eating and drinking places as defined under Major Group 58; 7) Engineering, accounting, research, and management 0'qumbers 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) Govenm~ent offices as defined under Major Group 91; ~ Reference Executive Office of the President, Office of Management an:l Budget, Standard Industrial Classification Manual, 1987 Edition. 12) Home furniture, furnishings, and equipment stores as defined under Major Group 57; 13) Hotels or motels (Industry Number 7011). No more than 150 rooms shall be permitted; 14) 15) 16) 17) Legal services as defined under Major Group 81; Miscellaneous retail as defined under Major Group 59, not including Industry Numbers 5932, 5961, 598335989, and not including the retail sale of fireworks; Motion pictures as defined under Ma/;or Group 78; Personal services (Industry Numbers 721 I, 7215, 7216 except rug 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 tarming salons). B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not linfited to: 1) Parking facilities; 2) One caretaker's residence. 4.4 DEVELOPMENT STANDARDS Eo 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. MIN1]VlUM LOT AREA: 10,000 square feet. AVERAGE LOT WIDTH: 100 feet. 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. MAXIMUM HEIGHT: 50 feet. 2001 MINI~,.IM FLOOR AREA: 1,000 square feet per principal structure, on the first fin. ished floor. H. MAXIMUM GROSS LEASABLE FLOOR AREA: 96,165 square feet. I. 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. J. 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. K. CARETAKER'S RESDENCE: One (1) caretaker's residence shall be permitted for the commercial development area, subject to the following: 1) 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 xvith fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, mid 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. OCT 2 3 2001 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 PURPOSE The purpose of this Section is to set forth the development commitments for development of the project. GENERAL the 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 platt~-d. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and the regulations of the PUD as adopted, and any othe~ conditions or modifications as may be agreed to in the rezoning of the property. In additicn, any successor or assignee in title to the developer is bound by any conmlitments within this agreement. These conmlitments may be assigned or delegated to a master association to be created by the developer. Upon assi~munent or delegation, the developer shall be released from responsibility for the comnfitments. 5.3 PUD MASTER DEVELOPMENT PLAN Exhibit "A", PUD Master Plar/ illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase such as final platting or site development plan application. Subject to tile provisions 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. Tile 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. I) The following limitations shall apply lo such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the White Lake Corporate Park PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. V-1 field 5.4 5.5 The minor change or refinement shall be compatible with adjacent land uses, and shall not create detriraental impacts to abntting land uses, water management facilities, and preserve areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 5.3.C. 1) of this document: ao Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and pemfitting. There may be no overall decrease in preserve area. Reconfiguration of lakes, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realig~m~ent of vehicular circulation patterns. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable Comity ordinances and regulations prior to the Administrator's consideration for approval. 4) 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 in~plementation of the minor change or refinement without first obtaining all applicable County permits and approvals. SCItEDULE OF DEVELOPMENT/MONITOR. lNG REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An armual PUD monitoring report shall be st.bmitted pursuant to Section 2.7.3.6 of the Land Development Code. TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Ao 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. The turn lanes and arterial level street lighting shall be provided when requested by the County. 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, 2001. V-2 OCT 2 3 2001 5.6 ENGINEERING The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Bo Do Detailed paving, grading site drainage anti utility plans shall be subnfitted 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. Design and construction of al! improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. Work within Collier County fight-of-way sh~dl meet the requirements of Collier County Right-Of-Way Ordinance 82-91. The project shall be platted in accordance with tile 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 developmeut of this PUD Master Development Plan shall be subject to and governed by the folloxving conditions: A copy of tile South Florida Water Managen:ent District (SFWMD) Surface Water Pemfit Application shall oe sent to Cc[!ier County Development Services with the SubdMsion Plat and Construction ?l~n and/or SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Site Development Plan appr,vval. All requirements of Excavation Permit No. 59.133 shall be complied with. If an a~mual report is not filed, tile 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: Water distribution, sewage ccllectior: aud transnfission 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. 97-17, as amended, and other applicable County rules and regulations. V-3 OCT 2 3 2001 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 ttuoughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: I. Dead-end mains shall be eliminated by looping the internal pipeline network; Stubs for future system interco:mection with adjacent properties shall be provided to the east property line of th, project, at locations to be mutually agreed to by ti~e County and the DeveLoper during the design phase of the project; The utility construction documents for [he 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 purap 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 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 t:ydraulically provide a sufficient quantity of water to meet the anticipated demands for the pm.~ect, 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 construction pimp/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. All State and Federal permits that may affect the design of this project shall be submitted to Engineering Review Sen'ices prior to final subdivision plat approval. The use of native species :.n landscape plans shall be in accordance with Section 2.4.4.1 of the Collier County Land Development Code. Do 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 construction activity a historic artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. The mitigation plan for the preserve and buffer areas is provided in the Environmental Impact Statement. V-4 OCT 2 3 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, BER31S, 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: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 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. 3:1, 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 Master Plan. V-5 OCT 2 3 2001 CGLL~£R BO,;LEVARD (C.R. EXHIBIT "A ' ~,ILIAAA~ 1: PL,~2 MA~I EP. P,.AN OCT 2 3 2001 WHITE LAKE D,rDUSTPdAL CORPORATE PARK A PLANNED UNIT DEVELOPMENT BY PREPARED FOR: r~rmrr:o r"r~r,~v ~ TT~XT William T. Higgs 2666 ~ORT RO~ SO~H N~LES, ~O~A 229~2 34112 PREPARED BY: AT AXT T~ DI~'x.,'3XT/~lr nC ~CP RWA. Inc. lira C~XT ~in I KD D IDT~kT AX~ D~V ~C. 3050 North Horseshoe Drive XTAm CC m n~A ~a~. Naples, Florida_~4' 104 TA'NTITADV ti lOt"lQ REGULATIONS ANrD SUPPORTING MASTER PLAN GOVERNTNG TH]5 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 Exhibit "A" AC.~A ITEId OCT 2 3 2001 WHITE LAKE ~ CORPORATE PARK TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP & DESCRIPTION SECTION II SECTION III SECTION 1V & SHORT TITLE PROJECT DEVELOPMENT REQUIREMENTS GENERAL DEVELOPMENT STANDARDS GENERAL DEVELOPMENT COMMITMENTS i ii iii 1-1 2-1 3-1 4-1 ~._f r~_ OCT 2 3 2001 LIST OF EXHIBITS ~ '~,rT_]TE) TT ~ IY XzI.JID 1 T E EXq~BIT A: PUD Master Plan EXIqlBIT B: Aerial Photo EXHIBIT C: Conceptual Water Manaaement Plan EXHIBIT D: Typical Lake Cross Section and Typical Pavement Section EXHIBIT E: Boundary Survey ii OCT 2 3 2001 .,._50 _ 1.1 1.2 STATEMENT OF COMPLIANCE INDUSTRIAL PROJECT The development of approximately 144.4 acres of property in Collier County, Lake I Florida as a Planned Unit Development to-be known as White Corporate Park ~ is in compliance with the planning goals and objectives of Collier County as set fo~h in the comprehensive plan. The facilities within White Lake tndugtria! Corporate Park will be consistent with growth policies, land development regulations, ~nd applicable comprehensive planning objectives for the following reasons; 1. The subject property is located within the Urban boundary and is designated industrial on the Future 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 markets. 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. iii OCT 2 3 2001 SECTION I PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1. I 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 Ind',:$tfia! Corporate Park". T T:'f'_AT T"~C~f"DTDqr"T["~T +k ..... 1~ +1~ ,4,~I~+ ~C ...... 1;~ ~.eo~;A T "Tz: +1~^ ,q-,Il,-,,,,-; ....... ,-, ["7'~ / A'~ \'7 1-1 ^e,F_NO^FnTO~ OCT 2 3 2001 .SL 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 part of Section 35, Township 49 South, Range 26 East, Collier County, Florida and being described as follows: Commencing at the west % section comer of said Section 35; thence along the east and west 1/4 section line of said Section 35, North 89°-00'-01'' East 401.67 feet to the easterly right-of-way line ofi-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) (4) (5) (6) South 43°-47'-54" East 222.17 feet:. South 46°-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°-53'- 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 feet and being subtended by a chord which bears South 80o-54'- 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; I-!. OCT 2 3 2001 1.3 thence leavinq said 1-75 ri~,ht-if-way continue along said east line of Section 35, North 1°-57'-08', West 2089.96 feet to the east ¼ section corner of said Section 35; thence alon~ the east and west ¼ section line of said Section 35, South 890-00'-00'' \Vest 4814.62 feet to the Point of Be~innine 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; containin~ 144.4 acres of land more or less. PROPERTY OWNERSI-ffP The subject property is currently under the unified ownership oft:h3wev r, .....*:~ William T. Hiees, 2666 Airport Road South, Naples, Florida 34112. 1.4 1.5 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 1/2 of Section 35, Township 49 South, Range 26 East, Collier County, Florida. 2. The zoning classification of the subject property p~cr '~ ...... mn-~ ........ vv ..... ' was is "^",. ,^~..,.,..,,~,,,,"";~"~* .... ' 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 2 3 2001 1.6 5. The soil types on the site include Pineda fine sand (approximately 13%) and Boca fine sand (approximately 55%), not including approximately 31% 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. 6. The property is ..... ,~.,: ....... ~, ...... pit was historically utilized as an C,, ..... ,,j ,,, ,.,,g,~ ,~o ,, ,.,,-,, · ,., -, - earth mining operation, t, ~,-~ +~ Acr4,a! m,~+ .... ~, rc~u:~.:~ r,~ Presently, the property is being developed in accordance with the permitted industrial land uses in Section 3.2. SHORT TITLE Ind ....... Corporate Park This Ordinance shall be known as the "White Lake Planned Unit Development Ordinance". 1-3 OCT 2 3 2001 2.1 2.2 2.3 2.4 SECTION II 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~ustfial 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 from 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 Indust~al Corporate Park is a planned unit development intended for industrial type land uses. The project shall be served by all necessary infrastructure, 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 ar, industrial in nature. Land use will vary but approximate acreages are listed 2-1 OCT 2 3 2001 2.6 2.7 · All buildings will S ....... 2 5, · ~'~ ~ T,,, e~,^~.a,~ Exhibit "A" PUD Master Plan. 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, Draw:,ng xT,, P,Z ~ c~ ^ Exhibit B. "A" RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with PUD Master Plan, the Land Development Code (LDC), the platting laws of the State of Florida, and all applicable County codes and ordinances. Exhibit "g .... 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. o 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 OCT 2 3 2001 PS.~ 2.8 PROJECT ACCESS 2.9 2.10 2.11 2.12 It is the intent of the Developer to provide three access points for the project from White Lake Boulevard ......... '~ .... ~.~r ~ .................... as shown on the PUD Master Plan (Exhibit liP, 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 89-58 (Preservation of Native Habitat and Tree Removal Permit). Of the project's total 144.4+ acres, the following acreages represent of the total site, all contributing to open space. Lake: 36.6 44:4+ Ac. Conservation Area: 8.1 ! 1.3+ Ac. ,_,~,,, ace: ...... ~,c. FPL Easements: 3.0+ Ac. DEVELOPMENT SCHEDULE The intent of the developer is to proceed with and complete the subdivision ........ ~ ^c,t.~ ~ T T r~ and to process for the final phase of development upon ,,m, ................ construct the ~ infrastructure improvements system 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 NATLrRAL VEGETATION AND TREE REMOVAl, Clearing, 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. 2-3 ~ oa . OCT 2 3 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 Development Code. 2-4 A~^ ~",4~ OCT 2 3 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 In~'.:stfia! 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. 12. 13. Agricultural Services (groups 0711-0724, 0761, 0782, 0783). Apparel and Other Finished Products (groups 2311-2399). Automotive Repair, Service, and Parldng (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 (group s 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, excq ~; ~_~A ~-~ slaughtering plants). 3-1 OCT 2 3 2001 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Furniture and Fixtures (groups 2511-2599). Heavy Construction (groups 1611-1629). Industrial and Commercial Machinery and Computer Equipmem (3511-3599). Leather and Leather Products (groups 3131-3199). Local and Suburban Transit (groups 4111-4173). Lumber and Wood Products (groups 2426, 2431-2499). Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (groups 3812- 3873). Membership Organizations (groups 8611,8631). Miscellaneous Manufacturing Industries (groups 3911-3999). Motor Freight Transportation and Warehousing (groups 4212- 4225). Paper and Allied Products (2652-2679). Personal Services (groups 7211-7219). Printing Publishing and Allied Industries (groups 2711-2796). Rubber and Miscellaneous Plastics Products (groups 3.021, 3052, 3053). Stone, Clay, Glass, and Concrete Products (groups 3221, 3251, 3253, 3255-3273, 3281). Textile Mill Products (groups 2211-2221,2241-2259, 2273-2289, 2297, 2298). Transportation Equipment (groups 3714, 3716, 3731, 3732, 3751, 3769, 3792, 3799). Transportation Services (groups 4731-4783). United States Postal Service (4311). 3-2 OCT 2 3 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). USES ACCESSORY TO PERMIT~D 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. 3.3 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') Water~ont: Twenty-five feet (25') Yard abutting residential parcel: Fifty feet (50') Maximum Height of Structures:. Fifty feet (50') Minimum Floor Area: One thousand (1,000) square feet. Distance Between Structures: 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; raw 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 bom all adjace 3-3 OCT 2 3 2001 L 9 12. 10. 13. 11. 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 r~ ...... v ....................... Planning 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 Areas Landscaping shall be in accordance with the Collier County Land Development Code. Landscaping Standards 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 Outside storage is allowed subject to the requirements of Section 3.3.7. Maintenance of Common Ar~s 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 &any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. 3-4 AGENOA. J,TEM OCT 2 3 2001 14. 15. 16. General Application for Setbacks: with the following: Front yard setbacks shall comply 1. 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. 2. 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. 1. All buffer setbacks shall be measured from platted lot External Buffers shall comply with the buffer provisions of Section 2.4.7 of the Land Development Code. 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 amended 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 17 Architectural Design Guidelines: Property located adjacent to White Lake Boulevard shall comply with th~: architectural design guidelines setforth in Division 2.8 of the LDC. Th~: purpose tbr the architectural guidelines along White Lake Boulevard is to create a gateway into Naples visible from the 1-75 cooridor. 3-6 AC, ENI3A I'r~ OCT 2 3 2001 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 4.4 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 t~ _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 from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. TRANSPORTATION The developer of this PUD shall be subject to the following stipulations of the County Traffic Engineer: Ac.,ra~A ~ 4-1 OCT 2 3 2001 _ 4.5 1. The petitioner shall provide for a joint/shared access with the adjacent property (Citygate PUD). 2. The petitioner shall provide appropriate left turn lanes and arterial level street lighting at all project entrances. The petitioner shall be responsible for the payment 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 Acczgr, Rc, a~ Nz. I White 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. o Should a capacity deficiency be determined to exist at the CR 951/Ac, ce. as Rc, a~ Nc,. 1 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, ~ N& 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 ~zard Council: Should the South Florida Water Management 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 right to re-review the project and have it heard by the Environmental Advisory Bc, ard Council. 4-2 ACtA OCT 2 3 2001 4.6 2. All requirements of Excavation Permit No. 59.133 shall be complied with. An annual report shall be filed with Collier County prior to January 1, 1993. If a 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: 1. 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. 2. 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· 2. Stubs for furore 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 - AGENDA tff~t OCT 2 3 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 tamjee~ 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 Pmjee~ Engineering Review Services. The internal right-of-way cross section shall be -~-a-~-~ +~ :~-~:~+~ *~,-~ ............. J ........... v ........... , ·-er ........in accordance ~th E~ibit '~". 2. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. 4-4 ~u?,ENOA ITEM OCT 2 3 2001 4.9 Work within Collier County tight-of-way shall meet the requirements of Collier County fight-of-way Ordinance 82-91. The project shall be platted in accordance with the Collier County LDC to define the tight-of-way, tracts, and easements as shown on the Master Plan. 1. 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 cleating permit review procedures shall be in accordance with Section 3.9.6 of he Collier County Land Development Code. 3. All State and Federal permits that may affect the design of this project shall be ~:^~. m.. o ~.,: .... En.mneering Review Services .prior to final submitted to subdivision plat approval. they .kn,, k 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. 7. Procedures regarding any historical or archaeological sites identified shall be in accordance with Section 2.2.25 of the Collier County Land Development Code. plan ............... Jv ....... squ ........................ -,w ............................... approva 9. The mitigation plan for the revegetation plan shall be provided at the time of the ne~ development order sub~ttal. 4-5 AGENDA ITEM OCT 2 3 2001 ,,.qO 4.10 4.11 SIGNS All signs shall be in accordance with Section 2.5 of the Land Development 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 OCT 2 3 2001 i OCT 213 2001 C,R. 95t FP&L E.A.~£MENT ~o~o8 OCT 2 3 ;~001 {! 2001 / / I01 ~2' MIN. il!!|lllqill~|ltPlliLq BOUNDARY SKETCH WILLIAM T. HIGG'c & DESCRIPTION EXHIBIT OCT 2 3 200' C!D~MUNITY EiERVICEB M-AP ~=~, SHERIFF SUBSTATION SCHOOL I-GOLDEN GATF-- F_LF__hlENTARY 2-GOLDEN GATE MIDDLE SCHOOL 3-ST JOHH HEUI~IANH HIGH 5CHOOL EXHIBIT OCT 2'~ 2001 POWER CORPORATION WHFFE' LAKE INDUSTRIAL PARK -i WHITE LAKE INDUSTRIAL PARK AERIAL PHOTOGRAPH EXHIBIT POWER CORPORATION WH~T~ LAKE INDUSTRIAL VEGE--FATION AND SOILS MAPS i I ,,,,. ,¢' .~.._ OCT 2 3 2001 / t / / i / ! t / ! / ,/k / / / / OCT 2 3 2001 m PowEf:J coRPORATION WHITE LAKE INDUSTRIAL PARK ,,-r,,,,~"r~T~ ~l VC~TI=I~ M~NAGE~NT PLAN b Ii:l! d' OCT 2 3 2001 AFFIDAVIT I ~vJtq ' '~' ~'4 [ ~---~ ~'-~' ,being first duly sworn, depose and say that I am the owner 73f 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 ~L~pplementary 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 - COUNTY The foregoing instument was acknowledged before me this the co¢oration. He/she is personally known to me or has produced day of of corporation, on behalf of as identification and did/did not take an oath. (Affix Seal) · i' .7/" ,,/ .> .., Signature of Persori'Takin&/Ackn°wledgement ~ A.,' 7- ,z_:- Name of Acknowledger Typed, Printed or Stamped Title or Rank' 7/27/92-00110CKIT-O0.[~I ~r...l~ A OCT 2 3 21101 Serial Number, if any My Commission Expires: I. lomr¥ P,lalk.. <~al~ o{ Florkla My Commission £xpire~ June 17, log4 PETITION NUMBER DATE 10/09/00 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES 1. Name of Applicant (s) William T. Higgs Applicant's Mailing Address 2666 Airport Road City Naples State Florida Zip. 34112 Applicant's Telephone Number: Res.: Bus.: 941-775-2230 Is the applicant the owner of the subject property? X Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. Co) 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. (f) If applicant is a contract purchaser, attach a copy of contract, and indicate actual owner (s) name and address below. William T. Higgs (If space is inadequate, attach on separate page.) 2. Name of Agent Dwight Nadeau Firm RWA, Inc. Agents Mailing Address 3050 North Horseshoe Drive, Suite 270 City Naples State Florida Zip 34 Telephone Number:Bus.: 941-649-1509 Fax.: 941-649-7056 2 3 2001 Iai[. 3. PUD ORDINANCE NAME AND NUMBER:. Par_k PUD" Ordinance 93-1. "White Lake Industrial 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400'scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 35 TOWNSHIP _ 49 South RANGE 26 East Note: ~ for le al descri tion. The sub~ is 144.4 acres. 5. Address or location of subject property The subiect 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 DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X 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 #: DATE: · - - ' SuppOrt\Application for Public Hearing For PUD Amendment - DO Amendment doc M:\1997 Projects\97-0062 White Lake Industrial Park\Permit Apphcat~ons and - 4 - OCT 2 3 2001 10. 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. Higgs 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 completed and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS A_RE MANDATORY. OF / ~"~GN~ATURE~--0-~A~ENY- Dwi~t Nadeau State of Florida Co~ of Collier d ~e forego~g Applicgtign w~ ac~o~ledge before m~ ~s ~ ~ day of~ ,2001 by ~[//~m ~ ~/o~3 , who h~ produced ~ identification ~d ~ho did (d~d =~t)t~ o~ ~ tl ~: :~= MY C~ISSK)N # (X) 9741~ NOTARY PUBLIC Commission # ~] '75//~ ~ My Commission Expires: AGE.~A ITEM Og ,.2 3 2001 R~ $-~ Item V ENVIRONMENTAL ADVISORY COUNCIL. STAFF REPORT MEETING OF JANUARY 3, 2001.. II. III. 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 IV. PROJECT DESCRIPTION: The applicant is requesting to amend the existing White Lake Industrial Park PUD consisting of 144.4 acres, originally approved in 1992, by increasing the ir OCT 2 3 2001 EAC Meeting Page 2 of 9 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 percent to 33 percent of the total site. This amendment will also change the name from "White Lakes Industrial Park PUD" to "White Lake Corporate Park PUD". Ve 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 (g9) 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. Conservation & Coastal Management Elemen!_-- 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 does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and 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: 0CT 2 3 2001 EAC Meeting Page 3 of 9 Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". 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 i'mpacts 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. VI. 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 quarry created to generate fill for road construction. OCT 2 3 2001 EAC Meeting 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)/Collier 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 2 3 2001 EAC Meeting Page 5 of 9 Wetland #1 Wetland g2 In April 1998, impacts to wetland gl and wetland g2 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 gl & g2 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). OCT 2 3 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 #2 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 (FDA). No permits are required for the removal of this species if cleared from priv~ OCT 2 3 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 Florida 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 (Haliaeetu..s. ~) 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. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. No. PUD-92-08(I) "White Lake Corporate Park PUD" with thc following stipulations: Water Manaeement: 1. The petitioner must modify his existing South Florida Water Management District permit to reflect any changes.. Environmental: No additional stipulations. OCT 3 2001 EAC Meeting Page 8 of 9 PREPAR ED B Y: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE sTi~pHEI~ LENBERGER ENVIRONMENTAL SPECIAI.IST Il REVIEWED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE THOMAS E. KUCK, P:E. ENGINEERING REVIEW MANAGER CURRENT PLANNING MANAGER DATE AGF. i~A fiE, Id OCT 2 3 2001 ~.~ EAC Meeting Page 9 of 9 ~~'j.~~~, ~c~, PLANNING SERVICES DIRECTOR APPROVED BY: J~IN M. DUNNUCK, Ill I~rERnV~ COMMtYNrrY ADMINISTRATOR DEVELOPMENT & SL/gdh/c: StaffReport DATE ENVIRONMENTAL SERVICES OCT 2 3 2001 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO EMERGENCY MEDICAL SERVICES ADVISORY BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on August 31, 2003 on the Emergency Medical Services Advisory Council. CONSIDERATIONS: The Emergency Medical Services Advisory Council had 1 term expire on August 31, 2000 representing Commission District 3. This 11-member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. The term for Jane Andel expired on August 31, 2000. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Karl Robert Potteiger Carolyn D. Sparta Commission District Commission District COMMITTEE RECOMMENDATION: 3 Yes None 3 Yes None Karl Robert Potteiger FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to fulfill the remainder of the vacant term, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 23, 2001 AOENDA ITEM no. _ Pg._ / Memorandum To: From: Date: Subject: Sue Fiison, BCC Administrative Assistant Barbara Brown, Sr. Secretary, EMS Department September 28, 2001 Emergency Medical Services Advisory Board The Emergency Medical Services Advisory Board met on September 26, 2001. Two names were submitted for consideration of the District 03 vacant position, Mr. Potteiger and Ms. Spatta. There were not enough members present for a quorum therefore a vote for the District #3 representative could not be taken. Mr. Laird recommended Robert Potteiger highly, and the members that were present were in agreement. They would like for their recommendation to be consider when the Board of County Commissioners meet to fiH the position. ff you need any further assistance, please do not hesitate to call the EMS office. Thank You. Emergency Services Division St~me Emergency Medical Services Advisory Council Mr. Michael F J(. Geraohtv 501 Goodlette Road. Suite D-100 Navies. FL 34102 District: 4 Category: Commission District Dr. Fay R. Biles 1588 Heimhts Court Marco Island. FL 34145 District: 1 Category: Commission District Ms. Heather Rockcastle 342 Pinehurst Circle Na~les. FL 34113 District: 1 CateEorv: At-Large Mr. Robert D. Laird 1765 Courtyard Way. 205-C Na~les. FL 34112 District: 1 Cateeorv: At-Large Ms. Tuckv P. Ramsev 7515 Pelican Bay BOulevard. # 1F Na~les. FL 34108 District: 2 Cateeorv: Commission District Ms. Jane Andel 835 New Waterford Drive. #204 Na~les. FL 34104 District: 3 Cateeorv: Commission District Wednesday, February 28, 2001 Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 261-3756 (1qil 5/9g Og~I/O1 3 Years 0(l/17/q6 394-3089 12/14/qq 13R1~ 1 ll/~l !/02 3 Years 417-1192 1(I/10/013 (1g/.31/03 3 Years 11/01/94 Ogl.31/q7 3 Years 793-093:3 10/10/(10 g/~l 1/0.3 'l v~.,-~ 06/I 31fig 138/.31/02 2 Years 514-1599 649-7999 12114/qq 138/.31/00 352.0986 ~' z; -o.~ 8 Months ~oo~ Page 1 of 3 ~Vame Emergency Medical Services Advisory Council Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Kathrvn M. Godfrey N~le~ FL Dis~: 5 C~eeom: Coarsen D~t Ms. Ga~ Do~ P.O. Box 413029 N~le~ ~ 34101 Distil: Cateeo~: Naol~ Co~un~ Hosoital DeouW G~ Youn~ 3301 E. Tam,mi Naole~ FL 34112 Dis~: C~eeom: She~s Dep~ent Ms. Steoh~ie Vick 3301 E. T~i~i Trail Naoie~ ~ 34112 DHOW: Cateeom: H~Rh ~~em Mr. SheMon R~d 735 Ei~ S~t. Sou~ Naoles. ~ 34102 DHOW: C~eeo~: C~ of Nap~s Dr. Robe~ Ze~ 1105 5~ Avenue Sou~ N~le~ ~ 34102 D~: ~eeo~: Cleve~d CI~ 436-5151 12/14/99 0g/31/02 3 Years 348-9645 262-3131 O 1/13/98 08/31/q9 2 Years 12/14/99 08/.31/02 n v~,,.,.~ 774-4434 Oq/17/96 08/.311qq 3 Years ! 2/14t99 08/3 !/02 774-8200 02/27/01 08/.31/02 1.5 Years 434-4610 09/13/94 08/.31/96 2 Years 12/14/99 08/.31/02 &~S-4000 I 0/10/00 08/31/03 3 Years IFednesday, February 28, 2001 Page 2 of 3 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 12 member committee was created by Ord. No. 81:l-80 to advise the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. Ord Amended on lOI1Of00 to add a representative from Cleveland Clinic (Ord. 2000-70) FI. STAT Staff: Diane Flagg, Emergency Medical Services Director:. 774-8459 F/et~esday, February 28, 2001 Page 3 of 3 MEMORANDUM DATE: TO: FROM: August 6, 2001 Vinell Hills, Elections Office Sue Filson, Administrative Assista~~ Board of County Commissioners Voter Registration - Advisory Board Appointmems The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMISSION DISTRICT Carolyn D. Sparta 5564 Foxhunt Way Naples, FL 34104 Thank you for your help. AOF. NDA ITEM MEMORANDUM DATE: July 24, 2001 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assista~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. EMSAC COMMISSION DISTRICT Karl Robert Potteiger 771 2nd Street, N.E. Naples, FL 34120 Thank you for your help. MEMORANDUM DATE: TO: FROM: August 6, 2001 JeffPage, EMS Sue Filson, Administrative Assist~ Board of County Commi~oners EMSAC As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens imerested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Carolyn D. Sparta 5564 Foxhunt Way Naples, FL 34104 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention tO this matter. SF Att~g:hn~nts AGENDA ITEM Pg._ 8' 08/03/20ei 15:06 9416592791 C¢~OLYN SPATTA P~u~.~E 81 ~8/03/200i 15~06 ~16S92791 CAROLYN SP~TTA P~E 02 Carolyn D. Sparta 5.564 Foxhum Way, Naples, Flotid~ ~4104 T,k 941-1S9-~8S F~x 941-&$9~2791 June 23. 2001 Mrs. Sue Filson Administr~twe Assistmt Bcratd of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Thank you for sandin8 me a copy of your Press Release announcing openings for positions on several aclvisotT committees. I zm interested in servit~ the people of Collier County, ~d believe :hat ! could be helpful on the fi~llowing commitlee, boazd, or council: (he Community C~aracter/Smatt G~rarth Advisoz7 Core'tree, the Black Affaus Advisory Board, ~1 the Emetsency Medical Sennces Adx, iscaT Council. The Community C~aractertSm~t Growth/utvlsory Committee. My undergr~du~t~ ~1 ~uate ~k ~ m ~phy ~ I have ~ ~ ~es ~ m~~/l~d u~ (O~m, ~o), ~~n (~ V~e P~id~t ~ ~~on ~ Bus--ess ~f~ of C~ifo~ Univolt, Ha~, ~ sch~l c~ees (~ ~r, ~), I f~fli~ a ~g of ~ ~a~ le~s, a devd~t, f~c, ~d coun~ ~ve~t o~ci~s ~m I li~ ~ ~1, ~ifoma. As a ~~, I s~di~ u~ l~d use ~ ~vel~nt~~ I ~ ~t ~ific~ly ~ u~ ~~r. I ~lie~ my e~e as a s~r ~ms~ ~ ~~t, my ~ucafon~ ~ ~d my p~fly voi~r ex.hence as a ~atot ~d f~di~ co~d ~mbu~ to ~e ~~. I have li~d m Naples for ~e ~st stx~en ~n~s ~ li~ hem ~ ro~d. The Black At'faits AdvisoxT l~ard. I strongly believe that it is IfIlporl2flt for at[ people and 81mups to live comfortably together tn a community. As a facilitator I have learned that it ts ~aluable to everyone to have open discussions about disagzeements and to m~ke every effort to fred ways to resolve conflict When I was Prosram Director az the AssociaUon of American Colleges (Washington, D.C,), I directed the small grant ptosrams to colleges for developin8 improved liberal education components for minority access and educa6onal development. I also coo{dlnated a worl~hop on fa:iai issues. My training and experience as a mediator might be useful on this Board, too. The Emergency Medical Ad~sory Cor~mttee. During my tenu~'e at C_alifomia State Unlvexsity. I=Iayward, I was responsible for ~y Preparedness and the Emergency Operatsons Cen~et on the Haywatd campus. I was also a member of the System, statewide, Emersency Ptel~edness Committee. Although we did not provide major medical care di~ecdy to our students and faculty, we did have a medic-al f~cflity on campus that was ptunecl to handle imgal disaster response, I ~ ~ of the need fi~r medical ~ssisemce in ma~c~ ~s~ste~s a~l for inch~ridtra] emersencies. 9~i6592791 CAROLYN SPATTA P~GE 03 88/83/2881 15:0~ M~s. Sue Fi~son Administt~v~ Assistant Boa~cl of Co~t7 Comsmsst~ Jtme 23, 2001 P~ge 2 En~t~ncy l~,dic~ ~ is impot't~nt for people of ~11 al~S ~t~in · communky. ! bye i~ Distnc~ 3. Th~k you for con~iet'mg my qualifk-~t~ms for ~Nese openingS, Sincere. IF, ~ D. S~t~ Enclosures: AGENDA IIEM "': pg. ~8/03/2001 15:06 9416592791 C.~YN SP~TTA P~E 84 CAROLYN DAVIS SPAT'FA ~564 Foxhum Wa~ 2000-Presem 199~-Present 1994 1992-1994 Owner, All About Otgaman~ provides organizu~ services and advice to h~lp individuals and small businesses or~mize th~ files, spa~, and time and ~ion on seUins ~ and busine~ priorities. ComuJmm and Facilitator o~ organizatioml and admimmaGve cffcctiveness and on conflict rcsolu~m to n~a-profa orflanizatiom, and conmnmfl3~ groups. Fulbright Scholar, Administrative Consultant to umvepmi Teknolosi Malnyma concenung University Adrnimstrati~m and Strategic Pla-ming (8/94-12/94). Professor, Goosntphy and EnvirmmunU0 Studies, Czlifomia State University 1984-1992 V~e President, Administration and Buslnem Affairs, and Professor, Geoaraphy and Environrmmtnl Studies, Califonua Sm_~_e University, Hayward, Caiifomia. 1952-1984 1980-1981 Director of IAstitullonal Grants and Programs and of the Cm~uitation and Adv]ilory Serviee, A~sociafion of American Colleges (now As~ciation of American Collq~ and Umv~rsiti~), WaJhiniton, D.C. Vice Pre,MmV, Administration, ~ M~chigan Urtivcrsity, Ypsilar~, 1979-1980 1975-1979 1974-1978 Independent Consultant, Washington, D.C. Pre~idmt, Danmvand College, Tehran, Iran. Corporate Secretary and Assistant to the President, Oberlin College, Ob~lin, Ohio. 1968-1974 1968-1970 1963-1965 tDUCATION C,e~raphy ln~ructor, Schooicr~ Cofiege, Livoma, Michi~ut Visiliq Leeturtt, ~ Michigan Umvcrsity, YpsilanU, Michigan. (sununers) Resenrch Assistant, Unive~jty of Califorma, Berkeley, Califorma. M.A. A.B. Tho Umvermty of Michigan, 1974 The Umversity of Michi~n, 1968 University of California, I~keloy, Pt. 94i6592791 C~OLVN SPATTA P~E 05 0B/83/2001 15:06 Carolyn D. Spatta, Ph.D. Fo~hunt Way, NapJes, Florida 34104 Td 941~6S9-2~6 ira~ Caxolyn Spatt~ has mediatcd d~sp~tes in orsanizat~ons bet~ve~ neishbors, and within families. She bcilita~ discussions ~or churches, od~r non=profit organizations and for seeking common ground prel~,'"i~ for the future, and problems-solvin8. Mrs. Sparta 3ssesses situstiom ~-~irly, develops effective processes and nJtet~tivc solulions and bri~s pcople together. She ius ~vm presentations and tr-ainm~ off mediation and alternative d~spute Att About OJ~mians, that helps individuals and mMll busin~ses orgnntze personal/financial ~ space, and $ct priorit~s for ~ their pemoflal arid business fp~ls. She brinss her expertise and experience in hisber education *o mediation and consulting. Daring her ca~cr, she w-4s a president, vice~reside~ faculty member, consultant, and member wflh a national ~ssociatmn. In tl~ tall of 1994, Nl~s. Spafl~ was a Fulbrisht Scholar who served as a consultant to thc adm~stration ot' a umv~rsity in Malaysia on organizin8 administrators and t~chins strategic planning. ~rs. Sparta has bccn a~vc in thc ~d chutcbes where she has lived. In addition to her academic education in scvcral a~pects ot'l~eofFaphy, Mrs. Spat~ has h,3d mcdiation trainin~ from Conflict Resolution, Rcscar~ and Resource Insatute, Alt~rnate Dispute P, molution Applications, inc., Nort~m California Mediation Center, and Pcnimula Cenflict l~solufion Ccmcr. She has hnd nef~otiat~m training st the summer program for 12twyc~s nt Harvard Law S~. At thc invitation of the National Association of College and Ul~ersity Bastuess Of Ftcc~s, she attcn~:d thc NACUBO Executive Le, ude~hip Iflsti~ute in 1991. H~r Ph.D. and M.A. ~e fTom the University orr MiclfiF=afl and her A.B. is f~om thc University or' Califomia~ rev 6/15/01 AGENDA ITEM .o. Pg. 08/03/2001 15:06 9~36592791 CAROLYN SPATTA P~GE 06 MONTEREY COUNTY THE BOARD OF SUPERVISORS MONTEREY COURTHOUSE. 1~,00 AGUAJITO ROAD. EUITE ~. ~EREY. CALI~RNIA ~R~ - ~T FIVE Aori122, 1998 I~. Carolyn Sparta Karlaw, Ph.D. 27161 Prado del $ot Carmel, CA 93923 Thank you for your letter of March 14'" Pleame accept my apologies for the delay in responding. Unfortunately, due to the ongoing ravages of E! Nino, my corr~ hat become a little delayed. I appreciate your homing our meating with your neighl:)ore in February. I thought we hm:l a productive time, and I hope that prcx:~:ka'e~ ancl lines of communication am in piece for any fulure problems that may occur. Tharff~, too, for taking minutes and sending them to me. Again, I thank you for your concem and interest and for facilitating the meeting. Please feel free to contact my office if I can be of any ~ervice to you. DLP/jep Sincerely, Dave Po~ter Supervisor, Fifth District MEMORANDUM DATE: TO: FROM: July 24, 2001 Jeff Page, EMS Sue Filson, Administrative Assistan,~ Board of County Commissioners RE: EMSAC 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: Karl Robert Potteiger 771 2nd Street, N.E. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Pg. /~q- RECEIVED .,,~ , -" ",, ~; ~. \\ ~~:~ 3301 Tamiami Traii East. Bldg-H O~ce: 94~-774-8A59 Fax: 9~ ~- ~ WeO Site: 2000 # I EMS S"("S-FE:M IN t-'HE UNIT'ED STATES & 1999 #' 1 EMS SW'STEM tN THE STATE OF FLORIDA Date ./2/0/ If all pages am not received, ptease call 941-774-~45i AGEND.~. I~EM No. 7/7 Assr Chief Rob Potteiger 1~941 774-1782 ~ June 29. 2001 ®4:35 PM ~2J5 of KARL ROBERT POTTEIGER 777 2nd St. N. E. Naples, Florida 34120 (947) 455-6026 P_ERSONAL DATA NAME:Karl Robert Potteiger A GE:47 BORN:December $ ?, 7953 - Michigan MARRIED: Laura CHILDREN: Lindsey- ? 0 JOB OBJECTIVE To administer day to day operations of a progressively growing Fire Department. EDUCATIONAL DA TA ELEMENTARY: Walnut Lake - Birmingham, Michigan MIDDLE: Covington Junior High - Birmingham, Michigan HIGH: W. E. Groves- Birmingham, Michigan COLLEGE: A.S. Degree ,Edison Community College in Fire Administration. National Fire Academy Executive Fire Officer (equivalent to B.A. Degree) DEPARTMENT EMPLOYMENT HISTORY 7983 to Present: East Naples Fire Control and Rescue District 1983 - 1985: Firefighter This was general fire fighting in the extinguishment, prevention, and protection of fife and property. Responsibilities included: - Fire fighting activities. -Rescue and emergency medical response. -Pre-fire plan activities. I Asst Chief Rot~ Potteiger "~'941 774-1782 ~ June 29, 2001 :;4:35 PM _~3/5 -Training -Maintenance of apparatus, equipment, and fire stations. 7985 - 7987 Driver Engineer This position involved specialized Fire fighting work in driving, maintaining, and operating Fire fighting Apparatus. Responsibifities included: -Maintenance and readiness of Fire fighting Apparatus. -Training subordinate Fire fighters in apparatus operation. -Driving apparatus to emergency scenes, and performing pumping operations. -Participating in training drills and classroom sessions. -Assisting in classroom instruction when needed. 987 - 7990: Lieutenant In this position I supervised a Fire Company of ten men dunng my assigned shift. Responsibifities included: -Supervision of personnel. -Maintenance of fire equipment. -Effective suppression of fire until relieved by Superior Officer. -Completing required shift and daily reports. 1990 - 1991 Captam/Battafion Chief This is a supervisory, managerial, and technical position. My duties require the appfication of technical knowledge and fire fighting skills. The work is performed under general direction with considerable latitude in decision making, initiative, and leadership within the framework of established poficies and procedures. Duties also involve providing tactical leadership between 3 fire stations and 74 of a 54 man department, with an average of 5300 calls per year. Responsibilities include: -Operational coordination and supervision of the Lieutenants. II AGEND.~ ITeM NO Assr Chief Rob Potteiger ~"941 774-1782 ~ June 29, 2001 $,4:35 PM 24/5 -Command of all personnel and equipment assigned to the District stations. -Command at emergency scenes until relieved by a Chief Officer. -Ensuring compliance with Standard Operating Procedures. -Equipment and facility maintenance and repairs. -Preparation and maintenance of required reports. -Budge t prep ara tion (5.25 mill guideline). -In charge of all department communications, SCBA and fields. -Prepare and exercise training for the Department. ? 997-Present: Assistant Chief of a 52 man paid department. Responsibilities include: Command of all major incidents. Budget preparation - Command of all personnel and equipment - Organization of all facets of Fire and E.M.S. CERTIFICATIONS Florida State Certified Firefighter Florida State Certified Smoke Diver Florida State Fire Mechanic Public Safety Diver Incident Command Florida State Licensed Emergency Medical Technician Emergency Medical Defibrillation International Society of Fire Service Instructors: -Garden Apartments & Townhouse Fire fighting Tactics -Chlorine Safety -Maintenance Repair & Operation of Mako Compressors -Repair Maintenance and Servicing of Survivair Products -Hale Pump III : Assr Chief Rob Potteiger ~'941 774-1782 ~ June 29, 2001 D 4:35 PM ~ 5t5 -Detroit Diesel Overhaul PROFESSIONAL ACCOMPLISHMENTS AND Numerous Leadership and Management courses 40 Hour Smoke Divers Course 5 Years on the Hazardous Materials Team Supportive Management Style National Fire Academy: Interpersonal Dynamics TRAINING National Fire Academy: National Fire Academy: Executive Fire Officer Program Tactics and Strategy, Major Fires 5 Times Negotiator for Union/Management Contract Department Dive Rescue Team State of Florida E. M. S. Advisory Council Member (Fire, E.M.T.) State of Florida E. M. S. Matching Grant Evaluator A WA RDS 1984:Career 1986,1990, 1992 Leadership 198 7:Pro fessionafism 1990:Firefighter of the Year 1991:Eagle (life saving) 7998: State of Fla (Operation Fire Storm) IV EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE FOREST LAKES ROADWAY AND DR.MNAGE ADVISORY COMMITTEE OBJECTIVE.: To appoint 1 member to fulfill the remainder of a vacant term, expiring on April 21, 2003 on the Forest Lakes Roadway and Drainage Advisory Committee. CONSIDERATIONS: The Forest Lakes Roadway and Drainage Advisory Committee has 1 vacancy due to a resignation This 5 member committee was created on March 10, 1992 by Ord. 92-16 to aid and assist the Board of County Commissioners in garrying otlt the purposes of providing and maintail~ improved roadway related drainage and roadway restoration within the area of the Unit as set forth in Ord. 91-107. They also prepare and regommelld an iterni?ed budget, work programs and priorities. Members must reside within the Forest Lakes Roadway and Drainage MSTU. A list of the current membership is included in the backup. Mr. Andrew H. Reiss resigned on July 10, 2001. A press release was issued and resumes were received bom the following interested citizen: AP, PLICANT CATEGORY Roger Somerville I Forest Lakes Resident COMMITTEE RECOMMENDATION: DIST ELECTOR ADV. COMM. [ 2 I Yes I None Roger Somerville FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMME~ATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to fulfill the remainder of the vacant term, and direct the County Attorney to prepare a resolution confirming the appointmem. Prepared By: Sue Filson, AdminL~'trative Assistant Board of County Commimioners Agenda Date: OCTOBER 23, 2001 AGENDA,ITEM NO., qffJ P{. / Memorandum Page 1 of 2 ~.. filson_s From: levy_m Sent: Thu~day, October 04, 2001 11:36 To: tJlson_s Subject~. Memo - Forest Lakes Memorandum To: From: Date: Subject: Sue Filson, Administrative A~sistant, Board of County Commissioners Michael S. Levy, Senior Secretary, Landscape Operations 1014/01 Forest Lakes MSTU Advisory Committee Vacancy The Forest Lakes MSTU Beautification Advisory Committee approved the application of Roger Sommerviile for the advisory committee vncancy. AGENDA ~[EM Forest Lakes Roadway & Drainage Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Aaarew ~. ~teiss c~s (5'd,, ~s-4~oo 06/08t99 04/21/03 4 Years 141 Lyonia Lane - ,n Aq'u' 435-0256 Naples, FL 34105 t - District.- 2 Category: William L. Seabury 501 Forest Lakes Blvd., #205 Naples, FL 34105 District: 2 Category: Robert H. Jones 1002 Forest Lakes Drive Naples, FL 34105 District: 2 Category: 263-3643 04/25/95 04/21199 4 Years 263-4090 06/08~99 04121103 4 Years 649-8692 06/08/99 04/21/02 3 Years Robert Cunningham 11 O0 Forest Lakes Boulevard Naples, FL 34105 District: 2 Category: Thomas P. Watts 499 Forest Lakes Blvd., #103 Naples, FL 34105 District: 2 Category: 04111/00 04/21/04 4 Years 263-4555 06/25/96 04/21/98 2 Years 05/12/98 04/21/02 4 Years tFednesday,~pHll~2000 Page 1 of 2 Forest Lakes Roadway & Drainage Advisory Committee FL STAT: 125.01 o°taf~.' A M MEMORANDUM DATE: August 20, 2001 TO: FROM: Vinell Hills, Elections Office ~ Sue Filson, Administrative Ass~ .' 1 Board of County Commissioners "~ RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following indivi&~_a!s for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. FOREST LAKES ADVISORY COMMITTEE Roger Somerville 190 Turtle Lake Court, #210 Naples, FL 34105 COMMISSION DISTRICT,. Thank you for your help. AGENDA I~EM NO. q/~ MEMORANDUM DATE: TO: FROM: August 20, 20O 1 Bob P~ters~n, La~ Engineer Transportation Department Sue Filson, Admini.,~trative Assistant Board of County Commi.~sioners ~-J Forest Lakes Roadway & Drainage Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Roger Somerville 190 Turtle Lake Court, #210 Naples, FL 34105 Please let me know, in writing, the reco~endation for appointmem of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attac~nts AGE. ND I M -q 0 O0 l" I~'1 ~0 ~Z ,,,EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD OBJECTIVE: To appoint 2 members to serve 3-year terms, expiring on October 1, 2004 on the Historical/Archaeological Preservation Board. CONSIDERATIONS: The Historical/Archaeological Preservation Board had 2 terms expire on October 1, 2001, representing the category of Law and Citizen At Large. This 7-member board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Members must comply with the financial disclosure laws of the State of Florida. Terms are 3 years. A list of the current membership is included in the backup. The terms for Ms. Diane M. Gonzalez and Ms. Joanne Marro Quinn expired on October 1, 2001. A press release was issued and resumes were received fi.om the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOB ,ADV. COMM. Diane M. Gonzalez I Law-Reappointment I 3 ] Yes ] Historical/Archaeological Joanne M. Quinn Citizen-At-Large - Reappointment I 4 I Yes [ Historical/Archaeological ,COMMITTEE RECOMMENDATION: Diane M. Gonzalez-reappointmem Joanne M. Quinn - reappointmem NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of 0ffice for Board members shall be limited to two consecutive terms of service on any one Board..." Under (3) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Ms. Diane M. Gonzalez has served 3 terms. Should the Board wish to re-appoint Ms. Gonzalez, the limitations on two consecmive terms will need to be waived. .~SCAL IMPACT: NONE GROWTH MA~. AGEMENT IMPACT: NONE RECOMMENDATION_: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members to serve 3 year terms, and direct the County Attorney to prepare a resolution confn'ming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 23, 2001 ME MORAND Ub,,~ DATE: August 23, 2001 TO: FROM: Vinell ~ Elections Sue Filson, Administ~l~ Board of County Commk_sioners Voter Registration - Advisory Board Appointn~ms Th~ Board of County Commissioners will soon consider the following individuals for appointment to one ofthe coumy's advisory committees. Please let me know ifthose listed below are registered voters in Co~ier County. Also, please list the commission district in which each applicant resides. HISTORICAL/ARCHAEOLOGICAL BO Diane M. Gon~a_L~z 809 Walkerbilt Road, Suite 3 Naples, FL 34110 752 Park Shore Court Naples, FL 34103 Thank you for your help. COMMISSION DISTRICT Z Historical/Archaeological Preservation Board Mr. John W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34110 District: 2 Category: Archaeology Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 10/15/96 10/01/99 3 Years 597-2269 10112/99 10/01/02 3 Years This 7 member c~mmittee was creeled ~ ~ No. 91-70, and repealed and ~ by LDC Div. 1.22A Ord. No. 91402. This board la vested with the power, authodty, andjudsdiclion to under the direct jmisdictk~ and co,,;,ul ef the Board of County Commissionem. Membemtdp is comoeaed of 7 membem from the foiltnnng ~ a. histmy; b. arctmeelo~, c,. Real FL 81',4 T Staff: Ray Bellows, Planning ~e~m Director:. 403-2400 Taunday, Auanm 02, 2oo] Page 2 of 2 C GT 2 3 Historical/Archaeological Preservation Board Work Phone Appt'd Exl~ Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Dhn¢ M. (~OlnTale. g fM9-0088 09/01/92 10/01/95 809 Walkerbilt Road, Suit~ 3 4.M-8696 01/26/99 10/01/01 Naples, FL 34110 District: 2 Category: Citizen-At-Large Ms. $oanne Marro Quinn 03/24/98 10/0 !/98 1084 Sixth Street, South 2fll-94~ 01f26/99 10/01/01 Naples, FL 34102 District: 4 Category: Citizen-At-Large Mr. Alex Dusek 09/01/98 10/01/00 963 Fountain Run 7742428 10/10/00 10/01/03 Naples, FL 34119 District: 3 Category: History Mr. Thomas W. Franchino 263-~,~7 07/31/01 10/01/02 183 Westwood Drive Naples, FL 34110 District: 2 Category: Real Estate/Land Development Mr. Willinm J. Dempsey 649=4900 10/10/00 10/01/03 1836 Harbor lane Naples, FL 34104 District: 4 Category: Citizen-At-Large Mr. William J. Tyson 09/08/98 10/01/00 732 Hemando Drive a94-0~0 10/10/00 10/01/03 Marco Island, FL 34145 District: 1 Category: Landscape Arehite~t 3 Years 7 mo. 2 Years 3 Years 1 Year 3 Years 2 Years 3 Years Page I of 2 Memorandum TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Ray Bellows, Principal Planner Curr~t Planning Section DATE: September 26, 2001 SUBJECT: Historic Preservation Board Vacancy Please be advised that thc Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to the vacancies on the above referenced advisory committee. The Preservation Board has received resumes from Diane Gonzalez (I.~w) and Joanne Marro Quinn (At-Large). Based on the Preservation Board's review of the applicant's resumes, they have recommended to reappointment of Diane Gonzalez to fill the Law vacancy and Joanne Marro Quinn for the At-large vacancy. If you have any questions concerning this matter, please do not hesitate to contact my office. RVB/rb John Dunnuck Susan Murray Community Development & Environmental Services Division Planning Services MEMORANDUM DATE: TO: FROM: August 23, 2001 Ray Bellows, Project Planner Sue Filson, Administrative Assistant/l Board of County Commissioners Historical Archaeological Preservation Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Diane M. Gonzalez 809 Walkerbilt Road, Suite 3 Naples, FL 34110 Joanne Marro Quinn 752 Park Shore Court Naples, FL 34103 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-flame, and I will prepare an executive summa~ for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachn~nts Telephone 41) 593-0088 t941 ) 649-0088 Fax (941) 593-0090 DIANE M. GONZALEZ, P.A. Attorney at Law 809 Walkerbilt Road Suite 3 Naples, Florida 34110 August 10, 2001 VIA FACSIMILE TRANSMISSION - 774-3602 Sue Filson, Administrative Assistant Board of Collier County Commissioners Collier County Courthouse 3301 East Tamiami Trail Naples, FL 34112 Re: Historical/Archaeological Preservation Board Advisory Committee Term Expiring October 1, 2001 Dear Ms. Filson: Pursuant to your letter dated July 25, 2001, I am writing to inform you that I wish to renew my membership on the Collier County Historical and Archaeological Advisory Board. I have accumulated a great deal of knowledge and experience since becoming a member of this Board. I feel my prior experience will make me a more effective member if I am asked to serve a fourth term. Please find enclosed a current updated resume for your review. Thank you for your consideration and attention to this matter. I remain, Sincerely, Diane M. Gonz~ DMO/cb Enclosure AC~.N~A rrl~M OCT 2 3 2~01 ~ROFE$$IOI~ r. EDUCATION DIANE MUENZE GONZALEZ 809 Walkerbilt Road, Suite 3 Naples, Florida 34110 (941) 593-0088 Admitted Federal Court - Middle District Member of the Florida Bar Member of the Collier County Bar Association Chairman - Historical & Archeological Advisory Board UNIVERSITY OF MIAMI - Bachelor 1970 UNIVERSITY OF MIAMI SCHOOL OF LAW Coral Gables, Florida LEGAL EXPERIENCE Juris Doctor Deqre~: January, 1986 Honors: Dean's List - Spring Semester, 1985 Fall Semester, 1985 Activi ties: Forum Student Bar Association Florida Association of Women Lawyers Sole Practitioner October, 1989 - Present Criminal law - extensi ye tri al experience in Federal and State Court Also specialize in Immigration law, personal injury and family law Office of the Public Defender, Fi ori da February, 1988 - October, 1989 Attorney: Felony Division Col li er County, Independently managed a caseload including all phases of client representation; arraignments, depositions, legal research, pre- trial motions, client interviewing and counseling, plea .bargaining, pre-trial hearings, jury and non-3ury trials, sentencing and appeals. July, 1986 - February, 1988 Attorney: Juvenile, Criminal Mi sdemeanor Di vi si OhS Traffic and Independently managed a separate case load simultaneously in each division which included all phases of client representation ]oanne 752 Park Shore Court Naples, FL 34103 (914) 261-9468 Joaq~sinn2 7@aol. com Quinn August 14, 2001 Board of County Commissioners 3301 Tam/ami Trail East Naples, FLorida 341 ! 2 Attn: Mrs. Sue Filson, Administrative Assistant Dear County Commissioners: This letter acknowledges my interest in continuing to serve on the Historical/Archeological Preservation Board representing the At Large category. During my tenure, I have attended meeetings regularly and am gratified by the knowledge of Collier history gained. Your increased awareness and promotion of educational projects and facilities for community are goals that my educational background values. I look forward to being of service. Thank you for considering my application. Sincerely yours, '#? Jbanne M. Q~ JOANNE MARRO QUINN 752 Park Shore Court Naples, FL 34103 (941) 261-9468 Joaquin n27@ aol.com Education: Mercy College, White Plains, NY - Paralegal Program SUNY Albany, NY - BS (Biology, Chemistry, Physics) MS (Education) Alfred Ag-Tech College, Alfred, NY - AAS (Medical Tech) * recipient of 14 educational grants-National Science Foundation, NASA, Dept. of Energy, Audubon * certified in NY - school district administrator, teacher of science K-12 * certified in NJ - supervisor of science, teacher of science K-12 * certified in CA - teacher of science 7-12 Former.. Leadership Roles: State Director, Science Teachers Assoc. of NYS Chair, Westchester Section, Science Teachers Assoc. of NYS Pres., Granada Condominium Assoc., White Plains, NY Pres., Westchester/Rockland Science Supervisors Assoc. Science Supervisor, Edgemont Jr/Sr HS, Scarsdale, NY Co-Chair, Tri-Country Science/Technology Fair, NY Professional Accomplishments: * professor at Marymount College, Summer Math/Science For Girls * tagged Monarch Butterflies, National Geographic Migration Study * developed Outdoor Education Program for 5th Graders at Brookside School, Ossining, NY * supervised student teachers with elementary science major * participated in Middle States Evaluation teams * initiated and coaches Science Olympiad Team at Edgemont HS * created and taught computer courses for gifted students at Teachers' College, Columbia University * recipient of $4000+ grant for Physics-Teach-To-Learn Current Volunteer Activities: docent, Palm Cottage member, Collier Country Historical/Archaeological Preservation Board member, Tobacco Free Partnership Board of Directors member, Naples Alliance For Children Board of Directors Chair, Naples Alliance For Children Teen Issues Committee Chair, League of Women Voters Speaker Bureau & Nominating Committee Tri-County Science/Tech Fair Executive Committee~ The Harvey School, NY Current Organizations: Collier County Historical Society, Inc. Naples Depot Naples Museum of Art Science Teachers Association of NYS Women's Republican Club of Naples Federated AGE. ND.&. ITEM CCT 2 3 2001 Pg. / 0 8/01 OBJECTIVE: To appoint 10 members with terms expiring on June 26, 2001 to the Workforce Housing Advisory Committee. CONSIDERATIONS: This 10 member committee was established on June 26, 2001 by Ordinance No. 200142 to assist staffin its study of the workforce housing concerns. This committee shall consist of 10 members from a broad base of citizens and disciplines including the Collier Building Industry Association, Hotel/Motel Association, American Subcontractors, Board of Realtors, a current developer of workforce housing, the banking community, and a land use attorney. A press release was issued and resumes were received from the following 13 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Barbara A. Cacchione Empowerment Alliance/Planner 2 Yes None C. Laurence Keesey Land Use & Development Arty 5 Yes None Marlo M. Valle Single-family home builder 3 Yes Affordable Housing Commission Bill West Banking & Finance 3 Yes Airport Authority Smart Growth David Lee Ellis Exec V.P. CBIA 3 Yes Affordable Housing and Rural Fringe Suzanne Orschell Banking 1 Yes None Karen Homiak Civic & Small Business 1 Yes None David B. Carpenter Civic/Elections Support Manager 1 Yes None Mark P. Strain Property Development Manager 5 Yes CCPC and Golden Gate Master Plan Joe Patemo Workforce Development I Yes None Susan M. Golden Affordable housing background 4 Yes None Mark Lindner Affordable Housing Developer 2 Yes Affordable Housing Commission Brian Settle Human Resources/workforce exp. 5 Yes None NOTE: The ordinance revising and providing for citizens to serve on more than 2 county conunittees simultaneously is advertised for Board consideration and approval on October 23, 2001. COMMITTEE RECOMMENDATION: New committee; no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 10 members and 1 commissioner; and direct the C prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners ~ Agenda Date: OCTOBER 23, 2001 DATE: TO: FROM: MEMORANDUM July 24, 2001 Vinell Hills, Elections Office Sue Filson, Administrative Assista~t~"~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. WORKFORCE HOUSING ADVISORY COMMITTEE COMMISSION DISTRICT ~Barbara A. Caccht'~tne ~,~ _ .,, ~') 610 West Street Naples, FL 34108 C. Laurence Keesey 495 Chatham Circle Naples, FL 34110 Mario M. Valle 961 Murcott Drive Naples, FL 34120 Bill West 5703 Drummond Way Naples, FL 34119 Thank you for your help. MEMORANDUM.. DATE: TO: FROM: September 18, 2001 Vinell Hills, Elections Office Sue Filson, Administrative Assista~ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. WORKFORCE HOUSING ADV COMM David Lee Ellis 9625 Deepwater Court Naples, FL 34109 Suzanne Orschell 6266 Adkins Avenue Naples, FL 34112 David B. Carpenter 4900 Biscayne Drive, ~4 Naples, FL 34112 Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 Joe Patemo 1271 Foxtrot Court Naples, FL 34104 Susan M. Golden 2264 Clipper Way Naples, FL 34104 Mark Lindner 2206 Majestic Court Naples, FL 34110 COMMISSION DISTRICT MEMORANDUM DATE: TO: FROM: September 21, 2001 Vinell Hills, Elections Office Sue Filson, Administrative Assistm~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. WORKFORCE HOUSING ADV COMM COMMISSION DISTRICT Brian C.G. Settle 10862 Longshore Way, W. Naples, FL 34119 Thank you for your help. i C3~qse (mt Phone: ¢"3'~' ~ .¢2'2.3 C]lqease Reply ClPlea~e Proof /- Pg. ____~ ThLs informalion contained in this tran~nissioa is privileged and confidential. It is intended for he usc o~ lhe recipient named above. If the re=der o[ this message is no~ thc ~=cip~cnt named above, you are hereby rmli~ecl Ihat any dL~scminaiion, d~trlbution, copying or disclosure of d~ contents of this iran~mis~ion is prohit~il'=~l. 1[ y0a have rcccived this transmission in error, please notify us immedialely by telephone. Thank you. BRIAN C.G. SETTLE .............. "'- SUMMARY OF QUALIFICATIONS Nineteen years of progressive experience in health care human resources administration. Responsibilities range from afl.phases of "hands on" human' resource operations to strategic planning and serving on executive leadership teams. Davis Health System/Davis Memorial Hospital a/'199~ -Present IFIkins, VVV Director of Human Resources for 950 pll~s employees in 115 bed hospital, 79 bed nursing, home, and affiliate operations including ph~'sician professional service organization and physician medical cerpor~fion, Responsible for overall direction, coordir~ation, and planning of all Human Resource functions and Payroll. Oire~-I system wide quality assessment and performance improvement initiatives. Methodist Health Servlces/M~=t;iodist Medical Center Peoda, IL 211986 - 8/1995 Vice President of Human Resource Services for 450 bed medical center and corporate affiliates ~cluding physician office p~ctices, retail pharmacies, and 80 bed nursing home. Responsible For administrative leadership of all human resource/unctions including compensation, beneffis, ~mployee relations, employment, volunteem, childcare center, nursing school, education and training. Prior to July 1990, served as Director of Personnel. Good Samaritan Hospital 5/1979- 1/1986 Mt. Vernon. IL Director of Personnel for 188 bed hospital. Responsible for all phases of human resource 'administration. Prior to January 1983, served as Assistant Director of Personnel. AGENDA ITEM EDUCATION Eastern Illinois University 19Z4 - 1978 Charleston. IL Bachelor of Science Degree in Business-Personnel Management Special interests in Finance and Business Law. SIGNIFICANT ACCOMPLISHMENTS Instn.tmental in the development and ~:~'.,essful implementation of director/executive incentive plan. employee gaJnsharing program, quality assessment and performance improvement initiatives, earty retirement program, workforce reduction, compensation and beneS[ strategies, new personnel manual and employee handbook, management/leadership education, employee educati~3 and communications, corporate restructuring, corporate compliance and community/school partnerships. PROFESSIONAl. MEMBERSHIPS Society for Human Resource Management; past chapter President American ,Society for HealthCare Human Resource Administr~on: member, past chapter President; member, National Professional Development Committee Peoria Health Science Academy; past Advisory Board Chain-nan Counseling and Family ,Services; past Board of Directors Randolph C~unty - West Virginia School-to-Work Advisory Committee; member Phi Beta Lambda National Business Fraternity, Davis and Eikins College; member Foster Grandparent Advisory Council - Potomac Highlands Support Group; member COMMUNITY ACTIVITIES Benevo[ent Order of Elks; member Lions Club; member "AGEN' ! EM MEMORANDUM DATE: TO: FROM: September 18, 2001 Cormac Giblin, HUI Manager Sue Filson, Administrative Assist~/f~ Board of County Commissioners NJ Workforce Housing Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release.was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: David Lee Ellis 9625 Deepwater Court Naples, FL 34109 Suzanne Orschell 6266 Adkins Avenue Naples, FL 34112 David B. Carpenter 4900 Biscayne Drive, Naples, FL 34112 Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 Joe Patemo 1271 Fox'trot Court Naples, FL 34104 Susan M. Golden 2264 CUpper Way Naples, FL 34104 Mark Lindner 2206 Majestic Court Naples, FL 34110 AGEND~fr_EM-~"-'~ Please let me know, in writing within the 41 day time-~ame, if the applicants axe qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments fiison s tm-' _=nt: To: Subject: Davidelliscbia@aol.com Fdday, September 14, 2001 4:54 PM SueFilson@colliergov.net Workforce Housing Committee Ms. Filson: I would like to apply for the newly formed Workforce Housing Committee. I will forward my resume when I return next Monday. Thanks for your assistance in this matter. David Ellis, Executive Vice President, Collier Building Industry Association DAVID LEE ELLIS Address 9625 Deepwater Court Naples, FL 34109 (941) 596-4668 Education Furman University, B.A. History (cum laude) Accomplishments Truman Scholarship Nominee · Recipiem of Dana Foundation Research Grant Bradshaw-Feaster Medal for General Excellence (Furman University) - 1986 · Outstanding Young Men of America - 1987 · NABOR Allied Member Rising Star - 1999 CommuniW Involvement · Harbor House, Board Member, 1995-1999 · First Baptist Church, Jacksonville Beach, Deacon · Leadership Jacksonville, 1993 · Youth Leadership Council, 1996-1999 · Clara White Mission, Board Member, 1995-1999 · Co-Chair of the Affordable Housing Expo, 1996 - 1999 · Jacksonville Housing Partnership, Board Member, 1997 - 1999 · Leadership Collier, 1999 · Collier County Habitat for Humanity, Board Member, 2000 · Immokalee Friendship House, Board Member, 2000 · Collier County Rural Fringe Assessment Committee, Chair, 2001 · Collier County Workforce Housing Commission, Chair 2001 Work Experience 10/93 - 2/95 Vice President, Target Performance Systems 2/95-6/99 Associate Director, Northeast Florida Builders Association 6/99-Presem Executive Vice President, Collier Building Industry Association Personal Wife - Susan First Baptist Church of Naples, Member ,I r Sap-14-O1 1Z:24pm From-FNB-EXECUTIUE OFFICE +9414357658 T-SOS P.02/02 F-220 Suzanne L. Orschell 6266 Adkins Avenue Naples, FL 3~112 Home Telephone: (941) 774-6828 Work Telephone~ (941) 435-7604 Born: October 21, 1949 Married Noven~ber, 1989 - ~re~en= Ackninistra~lve ASsista~t to then Chsir~n, President and C~O of First National Bank of Naples, now President and CEO of F.N.B. Corpo£a~lon and Chairman of Fir~'~ Na~ioDal Bank of Plo!ida O~ober, 1988-October, 1989 Naple~ Bath and Tennis Tennis. Pro Shop Au,~u~t,1985 - October, 1988 Ciztzens N~tional Bank of Naples, now known ms ~south Bank initially secretary to Gar~ Tice, during o£g@nizational phases of the bank and ultimately moved to Loan Ope~azlons, Pe)~ru~ry,].985 - August, 1985 1976 - February, 1985 Marine Savings and Loan Operations Manager Citizens National Bank which mmrged wi~h Flagship Bank, wh$uh merge~ ~ltb 8~nTrust - star~ed in Customer. Se~vi~e, manage~ the Daze Processin~ dmp~artlment for approximately one year; worked in '~he Controller's Dmpartment AGENDA ITEM NO.. wP 0B/1~/2001 OB: ~3 Bg/O?/~OB1 15:-~? B417744264 WITTENAUER / HOMIAK PAGE 01 7743682 ~CC t Application for Advisory Comm~ards ColOr Caunt~ Board of Commimio~erJ 3301 East TmnJmnt Trail ,.. Naples, lq, ~112 ...... be yom' r. tcttvit~: civic dulM, nfl~hborbood MsodafloUs, a~. m,ed.' ,09/07/2061 16:00 7743662 BCC -.-. APpiiication: o ! I .1 PAGE 01 ~ Me~ ,vlaynooa "~__ Date: 09/11/2001 //'- Hi Kathy. Attached is an application and a resume concerning the committee appointment we discussed last Friday on the phone. ! have heard, and you verified, that there is a limit on the number of committees anyone can be appointed too. I currently am a member of the Golden Gate Area Master Planning committee and have applied for a position on the Planning Commission, of which I do not yet know the status of that appointment. I understand that if the Planning Commission appointment is confirmed than I would be at the 2 appointment limit. I also have inquired and heard that if not enough applicants respond to an appointed position, the BCC may have additional latitude to accept additional appointments to individuals exceeding the current "2"limit. If this is so, I would like to participate on this committee, if the Board would so desire. Thank you. Application for Advisory Committees/Boards Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Name: Mark P. Strain Home Phone: 4'55-7858 Home Address: 3675 Third Ave N.W. .Zip Code: 34120 Fax No. 732-9403 Business Phone: 404-0104 Business': Property development e-mail address: mpstrain~aol.com Board or (~ommittee Applied for: Workforce Housing Advisory Committee Category (if applicable): Example: Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes X No__ If yes, please list the committees/boards: See attached for past board involvement. Recently I have been appointed to the Golden Gate Master Plan Advisory Committee~ and I recently have applied for a position with the Collier County Planning Commission. lam involved with a new hotel~ three large restaurants and a series of golf courses that will al i impact the work force in East Naples. With this involvement and a plannin? background~ I have a great interest in work force housing and would like to serve on this new board if possible. Please list your community activities (civic clubs, neighborhood associations, etc. and positions held): See Attached Education: Experience: See Attached Collier County Resident for 23 years See Attached Please attach any additional infurmation you feel pertineat. This application should be forwarded to Sue Fi]son, Administrativ~ Assistaa! to The Board of County Commissioners, 3301 East Tamiami Trail, Naplcs, Fl 34112. If you wish, plea.se fax your application to (941) 774-3602 or e-mail to suefilson~collier~ov.net. Thank you for volunteer/ag to serve the citizens of Colli~r County. Mark P. Strain 3675 Third Avenue Northwest Nap/es, F/orida 34120 (941) 455-7858 PROFESSIONAL Gulf Bay Group of Companies 3470 Club Center Blvd. Naples, Florida 34114-0816 EXPERIENCE 1994 to Present Position: Vice President of Planning encompassing the following duties: · Land acquisition & planning. · Assemble and administrate necessary specialty consultants · Establish permitting requirements (DRI, PUD, ACOE, SFWMD, etc.). · Financial analysis of development costs. · Direct project engineering. · Process permitting through local, state and federal agencies. · Develop the 3934 acre residential community of Fiddler's Creek. · Coordinate the establishment of a Community Development District taxing authority. Masterplanned Communities, Inc. 1992 to 1993 Naples, Florida Position: Project Manager for development of a 313 acre golf course community performing the following duties: · Assemble team of professionals to develop land plan and site engineering. · Process permitting through all governmental agencies. · Establish development budgets. · Oversee design and engineering for residential products and recreational facilities. Excel Construction and Development, Inc. Naples, Florida 1980 to 1992 Position: President, in charge of day to day management operations. Implemented policies necessary to carry on business activities of a general contracting firm generating up to $10,000,000 in yearly revenues. EDUCAT'ION International College 1995 to 1996 Naples, Florida COMPLETED UPPER DIVISION REQUIREMENTS FOR BACHELOR OF SCIENCE DEGREE IN BUSINESS MANAGEMENT, SUMMA CUM LAUDE. Edison Community College 1982 Fort Myers Campus · COMPLETED EMERGENCY MEDICAL TECHNICIAN CERTIFICATION. University of California Early 1970's Irvine, California · CONTINUED STUDIES TOWARDS 4 YEAR DEGREE Orange Coast College Late 1980's Costa Mesa, California · COMPLETED ASSOCIATES OF ARTS DEGREE PROFESSIONAL LICENSES FLORIDA STATE CERTIFIED GENERAL CONTRACTOR, CLASS A · STATE LICENSE #CGC 015977 FLORIDA STATE NOTARY · STATE NOTARY #CC 263056 CALIFORNIA STATE CERTIFIED GENERAL CONTRACTOR (B-l) WITH SUPPLEMENTAL MASTER ELECTRICIAN (C-10) AND SOLAR (C-44) · STATE LICENSE #359094 COMMUNITY ACTIVITIES Member Army Corp of Engineers ElS Study Group Collier County Sheriff's Commission President of Golden Gate Chamber of Commerce Golden Gate Fire Commissioner 1999 1990 TO PRESENT 1991 TO 1992 1990 TO 1995 Columnist for Tuff Publications 1988 TO PRESENT President of Golden Gate Business Association President of Golden Gate Estates Civic Association 1987 1987 & 1988 Collier County Code Enforcement Board Member Golden Gate Citizens Advisory Board Collier County Board of Adjustments and Appeals 1989 to 1993 1987 t( 1983 t¢ ,.,I/SOUTHWEST FLORIDA ¥ DEVELOPMENT BOARD, INC. STEVE PERSONETTE, President 24311 Walden Center Drive, Suite 200 Bonita Springs, Florida 34134 Phone: 941-992-8000 Fax: 941-948-3359 Toll Free: 1-866-992-8463 JOE PATERNO, Executive Di~zctor August 20, 2001 Mr. Jim Coletta, Commissioner District Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida' 34112-4977 Dear Commissioner Coletta, In response to your recent correspondence, I have enclosed the complete application for Advisory Corn mittee/Boards a s requested. ,~! wilt be happy to sews on the Adviso~ Committee for,~¢~h ~nd Hum~'.~ Sc~'icc~ should I be selected. Should you need additional information, please do not hesitate to contact me. Sincerely, JP/elm Enclosures AGENDA ffEM p~. Serving Charlotte, Collier, Glades, Hendr3, and Lee Counties Florida Telephone Relay System - TTY 1-800-955-8771 - Voice 1-800-955-8770 Appfication for Advisory Committee~Boards Collier County Board of Commi~tioile~ 3301 East Tamiami Trail Naple~, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Name: Joe-Paterno Hon~- Phome: 643-483_3. Home Address: 1271 Foxtrot Court ~ Nap,les z Florida Zip Code: FaxNo. 948-335~) ,, Buia~sPhome: ~2-8000 e-~s,lsddr~s: Business: S, guthwest Florida Workforce Development Board, Board or Committee Applied for: Cateaory (if applicabl¢):~ 34104 paternojioe@hotm~il.com Are you a registered voter in Coflier County: Yes X Do you currently hold public office? Ye~ No I~ s~ what il ~ office? No PIease fist your c~mmnnity activities: civic clubs, neighborhood aSSociations, crc. and posifiom held: Red Cross: Current Board Chairman, Kiwanis: Past President, Kiwanian of the Year, Board M~mber School Readiness: Current Board Chairman: Florida Workforce Development Association: Immediate Past President Florida Volunteer Corp: Treasurer, Leadership Florida: Alumni, Junior Achievement: Board Member, Past President p)Ktners in [ducation: $oa.r!l. Member Education: B.S. De~ree in Business Manag~ent Experi~: See Attached Besume JOSEPH P. PATERNO 1271 Foxtrot Court Naples, Florida 34104 (941) 643-4811 Education: West Virginia Institute of Technology Montgomery, West Virginia September 19'/2 - August 1974 College of West Virginia (Formerly B eckley Junior College) September 1970 - June 1972 Bachelor of Science (B.S.) degree in Business Management with emphasis in Accounting and Economics. Employment Background: Southwest Florida Workforce Development Board, Inc. Bonita Springs, Florida 3/9 7 - Present Executive Director: My responsibilities include coordinating all activities for a volunteer Board of Directors. The Board oversees the following initiatives; School-to- Work, Workforce Investment Act (formerly Job training Parmership Act, JTPA), One-Stop Career Centers, Welfare-to Work, High Skill/High Wage. The Board currently serves a five county region. My responsibilities include the management and collaboration of these initiatives with other local partners, such as the school districts, state agencies, and the business community~ I am responsible for the development of performance measures for the initiatives, and for evaluating their effectiveness. I report directly to the Board of Directors President. Workforce Council of Southwest Florida, In~ Naples, Florida (Formerly the Southwest FloridaPrivate lndustry CounCil, In~) 8/84 - 3/97 Executive Director: My responsibilities included coordinating the activities of the Board of Directors, which is comprised of local business leaders from our five county area, as well as representatives fi-om education, economic development, organized labor, and others. I was responsible for administering an Employment and Training program with an annuakbudge, t-of-----~ approximately 4.5 million dollars. My specific duties included: sUpervising a stafff fit~Ft~t~ ~~..~.M Joseph P. Paterno Page 2 the financial aff~ of the organization, providing assistance to local employers, evaluating reports, and handling the day to day operation of the organization. I oversaw four offices that serve a five county region I reported directly to the Board of Directors and was responsible for the development of all office policies, procedures and operating guidelines, as well as handling all media inquires. I was also responsible for making presentations that promote the activities of the Council. Paterno Consulting Services Frankfort, Kentucky 11/83 -8/84 President: I was founder and President of this consulting company. I formed the company for the purpose of providing assistance to various agencies who received federal funding. These services included program development, budgeting, monitoring, program evaluation, organizational structure and other pertinent information. I also provided assistance to private employers who were interested in participating in various federal programs. My responsibilities included making the initial contact, preparing all required forms, making presentations, negotiating contracts, and follow-up. Balance of Kentucky Private Industry Council, Inc. Frankfort, Kentucky 6/80- 11/83 Executive Director: I was responsible for administering an employment and training program in a ninety-two county area within the State of Kentuclcy. We had a working budget of 2.5 million dollars. My duties included the design and development of training programs for private businesses. I also provided technical assistance to both my staff and to companies or agencies wishing to apply for assistance. In negotiating contracts, I dealt directly with company officials such as Controllers, Vice Presidents, and Presidents. Other duties included the handling of the financial affairs of the office, making presentations to various business groups (i.e. National Alliance of BuSiness (NAB) and the Chamber of Commerce), and assisted in the preparation of our newsletters and annual reports. I was also required to have a working knowledge of Federal regulations and to interpret those regulations in order to make sound decisions. The Board of Directors for the Private Industry Council was comprised of representatives from both small and large businesses, community based organizations, educational groups, and organized labor. The Board .included, at one time, such members as the Vice President of Corporate Personnel of Ashland Oi!, the Plant Manager of Rockwell International, the State Commissioner of Manpower Services, Vocational education representatives, and.many small business owners. I was hired shortly after the Council was formed;' thus requiting me to establish the office, hire staff; promote the purpose of the Council, as well as develop office policies and procedures. I initiated guidelines and operating procedures for the Council. AGE~DA ITEM Joseph Paterno Page 3 Governor's Office of Economic & Community Development Charleston, West Virginia 5/75 - 6/8O Program Chief, Employment & Training Division: Responsible for the supervision of twelve professional staff, two clerical stat~ and two secretarial staff. I was also responsible for the administration and implementation of all programs funded under the Comprehensive Employment and Training Act (CETA). I helped initiate a Request for Proposal system, as well as reviewed proposals, made funding recommendations, and negotiated contracts. I had the experience with on-site monitoring, evaluating programs and reviewing reports submitted by the sub-grantees to determine if there were any problems, and if so, what corrective action was needed. I have worked with both the Employment and Training Council and the Private Industry Council in providing them with information about various programs. I helped plan and write grants that were submitted to the Department of Labor. My job required that I provide technical assistance to my staff and to various sub-grantees. I had the responsibility of interpreting Federal Regulations and making programmatic decisions based on the interpretations. Prior to becoming Program Chief; I held the position &Fiscal Officer and Program. Coordinator. Organizational Affiliations: Served on the Advisory Board for the Center for Human Resources Management at Kentucky State University. Served on the Special Projects Committee of the Kentucky Occupational Information Coordinating Committee. Served on the Private Sector/Economic Development Committee of the National Association of Counties. Chairman of the Kentucky PIC Forum from 1981 through 1983. Served for five years on the Board of Directors of the Charleston Eastern Little League Association. Held the positions of Secretary and Vice President of the Senior League and also managed both a senior and Little League baseball team. Member Florida Employment and Training Association since 1985 - Executive Committee member since 1986- President 1987- 1989. Member of Kiwanis Club of Naples on the Gulf since' 1986. A board member since 1987. Kiwanian of the Year 1988 - 1989. President 1991 - 1992. Member of the Board of Directors for Junior AChievement of Southwest Florida since 1986. Executive Committee member since 1988. President'1990 - 1991 and 1992 - 1994. Graduate of Leadership Florida Class XII (Program to bring together fifby leaders from throughout Florida to discuss problems that affect the entire state). Member of the Board of Directors for the Local Chapter of the American Red Cross. Former member of the Board of Directors for the Local Chapter of the American Heart Association. AGENDA ITEM no. pg. o~(0 .... ~2/05/1994 03:09 9414344627 PLANNING DEPT 09/10/2o01 10:22 ?743602 ~C PAGE 81 .~ AGEND~,.IT£M ], ! I 02/05/1994 83:09 941434462? PLANNING DEPT PAGE 02 0~/10t20~1 18:22 77436B2 .. ~CC p~ 82 ...:~ .. ?>..:, . ~. , ~. · . . '. ~ = . . ,.,,.~.~.47.'='?~:.?', ?.. '. ' .. . .= ': {~.~ :i .'is:~=i.......= ...,/~. · : . · - ,~..',.,, .. ; .t, ...:i ..., . .=! . · . . ~., {.'? '. ~':~i~.;~:.~ .: t./" · '.~:. · , ~~~~.. .. , , ~ ' ~ ~ ' '. · .i~'?~: .": .... ." '. :=. ~.:..."' ' · '.?;'. .~ ~ ..... ' . i' ;.:~ q ~ENDA · 02/0§/1994 03:09 9414344627 PLANNING DEPT PAGE 03 2264 Clipper Way Naples, FL 34104 SUSAN MA'II'HEWS GOLDEN (941) 643-1696 (H) (941) 213-1041 (O) (941) 213-1045 (fax) skg olden.qirls['~aol, corn__. §go!denC~na ples.clov, co_.m_ EXPERIENCE City Planner City of Naples Naples, FL 1987-present · Responsible for the administration and implementation of all aspects of HUD's Community Development Block Grant (CDBG) program. · C~ordinated the development of a 72 unit affordable housing rental complex for the City of Naples. · Additional work experience includes Census, current planning and zoning, Comprehensive Planning, and Neighborhood Planning, · Co-chaired the first countywide Paint Your Heart Out Naples effort with the Corlier County Banking Partnership. · City's liaison to numerous community groups including the Affordable Housing Commission, Chamber/Economic Development Council, and Collier County Banking Partnership. · Published in Flodda League of Cities Qualities Cities, March 1997 Office Manager Golden Chiropractic Center Naples, FL 1986-1987 · Assisted in start-up of a chiropractic practice. · Coordinated all aspects of office management including hiring and training, marketing, accounts receivable and payable, insurance billing, and assisting with physiotherapies Child Abuse Investigator Iowa Dept. of Human Services · Investigate both children and elderly abuse allegations. · Prepare reports including findings and recommendations. Davenport, IA 1984-1986 Director uptown Hull House Family Care Day Care Chicago, IL 1980-1983 · Director of a Hull House day care facility in the Uptown neighborhood of Chicago. Supervised a staff of 13 with 55 children ages three to seven years. · Responsible for administration of Title XX program, budget preparation, supervision of employees, and networking with other child care facilities and nonprofit organizations. Teacher Chicago Public Schools Chicago, IL · Taught primary grade level students on Chicago's south side. 1979-1980 Teacher Albany Park Day Care Center Chicago, IL 1978-1979 · Taught 4 year old children from Korea, Latin America, Vier Nam, the Philippines, and Greece in a multicultural neighborhood center on Chicago's north side. AGENDA ITEM NO. _~'/::> .02/0§/1~94 03:0~ 941434462? PLANNING DEPT PAGE Susan Matthews Golden Page Two EXPERIENCE Teacher Mornington, Victoria, Australia Victoria Dept. of Education Victoria, Australia 1976-1977 · Team teacher for 6th grade and kindergarten children under a two.(2) year contract with the Victoda Department of Education, Momington, Victoria, Australia. VISTA Voluntem' Newark Tenants Organization Newark, New Jersey 1974-1976 · VISTA Volunteer working in day care at Helping Hand Day Care Center and housing with the Newark Tenants Organization. EDUCATION American Institute of Certified Planners (AICP) Masters of Business Administration (MBA) Bachelors of Science (BS) Elementary Education American Planning Association, 1998 St. Ambrose University Davenport, Iowa 1990 Westem Illinois University Macomb, Illinois 1974 ACTIVITIES Paint Your Heart Out Naples City of Naples Concerned Employees Resource Network Shelter for Abused Women Collier Housing Alternatives, Inc. Collier County Overall Extension Council Personal and professional recommendations available upon request. AGENDA ITEM Ms. Sue Filson Board of Commissioners Collier County 3301 Tamiami Trail East Naples, Florida 34112 August 29, 2001 Dear Ms. Filson: Please accept this letter as an expression of my interest in serving on the Workforce Housing Committee that will be chaired by Commissioner Fiala. In that regard, I have enclosed a copy of my biography. Currently, I serve on an ad hoc fundraising committee for Saint Matthew's House for the funding of its proposed transitional apartment complex and have a long-standing interest in providing housing for those who are in need. I would be pleased to discuss the possibility of my appointment with the Commisisoner. Thank you. Mark Lindner AGENDA ITEM NO. _C~-~. .. Pg. 4099 Tamiami Trail North · Maples, FL 3410,5 · 941-262-4.553 Fax 941-262-7811 Mark L. Lindner 2206 Majestic Court Naples, Florida 34110 Mark Lindner earned his undergraduate degree in Health Care Management at the Medical College of Virginia in 1976 and received a Master of Science in Administration from Drexel University in Philadelphia in 1985. Mr. Lindner has developed and operated nursing homes, assisted living facilities, adult daycare centers, retirement centers and specialized units for severely diBabled persons. His experience includes Planning and Development, Contract Negotiations, Marketing, Labor Management and General Administration. He is currently developing affordable housing apartment communities for iow income seniors and, with his wife Barbara, he owns Therapeutic Integration Services in Bonita Springs, a multi- disciplinary clinic for disabled children. Mark Lindner is licensed in real estate sales and is a consultant to investors interested in expansion or entrance into the health care marketplace and in the development of affordable housing. Mr. Lindner also represents the interests of several land trust syndications in Southwest Florida. He is President of Southwest Florida Housing Partnership, a member of the National Council on Aging, National Institute of Senior Housing, Florida Association of Realtors and the Collier County Affordable Housing Commission. AG£NDA ITEM MEMORANDUM DATE: TO: FROM: July 24, 2001 Cormac Gibl;n, HUI Manager~-'~-/~ Sue Filson, Administrative Assista~. I Board of County Commissioners Workforce Housing Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Barbara A. Cacchoine 610 West Street Naples, FL 34108 C. Laurence Keesey 495 Chatham Circle Naples, FL 34110 Mario M. Valle 961 Murcott Drive Naples, FL 34120 Bill West 5703 Drummond Way Naples, FL 34119 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM NO. RECEIVED .~J ~- I 9 2001 ~oar~ of County Commissioners Julyl8,2001 Commissioner Donna Fiala Collier County Board of County Commissioners 3301 Tamiami Tm/1 East Naples, Florida 34142 Dear Commissioner Fiala; I would like to submit my resume for consideration to serve on the Workforce Housing Advisory Committee. I think that the County Commission will be taking very positive steps toward the creation of affordable housing in Collier County and I would like to part of that effort. I have experience in Comprehensive Planning, having worked for the County for almost 19 years. During that period I worked on many issues related to affordable housing and community development and would like to offer any help in developing recommendations for the Board's consideration. If you have any questions, please contact me. Sincerely, Barbara A. Cacchione -1- Barbara A. Cacchione RESUME BARBARA A. CACCHIONE, A.I.C.P. 610 West Street Naples, Florida 34108 Telephone: (941) 566-2128 Home (941) 566-8936 Work EDUCATION WORK EXPERIENCE November 15, 1999 to present September, 1989 to November 5, 1999 State University College at Buffalo Buffalo, New York Graduated: August, 1977 (Magna Cum Laude) Degree: B.A. in Political Science Empowerment Alliance of Southwest Flodda Community Foundation of Collier County, Flodda Enterprise Community Coordinator Responsibilities include: the management and implementation of the Strategic Plan that will be implemented through a series of measurable benchmarks; prepare reports to the Community Foundation, US Department of Agriculture, and the community partners; hold community meetings and represent community interests in public and pdvate meetings; prepare grants to leverage funding resources; prepare legislation; and supervise the activities of an assistant. COLLIER COUNTY, FLORIDA Planning Services DePartment Naples, Fiodda Comprehensive Planning Manager Plan, organize and supervise the activities and operations of the Comprehensive Planning Section that includes a staff of 8 professional planning positions. Evaluate operations and activities of assigned responsibilities; recommend improvements and modifications. Make authoritative interpretations of the Growth Management Plan and other applicable Land Development Regulations. Respond to and resolve complaints or inquiries from developers, planning consultants and the general public. Serve as staff to the Planning Commission. Represent the County as re uested, at-------------- AGENDA ITEM l, o. RESUME 2 Barbara A. Cacchione professional meetings. Coordinate planning activities with other County departments, provide training on the Growth Management Plan. Coordinate redevelopment efforts. Prepare and monitor the budget. March, 1988 to August, 1989 COUNTY COUNTY, FLORIDA Planning/Zoning Department Project Planner Project planner responsible for meeting with developers, consultants, and the public to answer comprehensive plan and zoning questions and to provide preliminary reviews of projects and proposals. Conduct a detailed review of all land use petitions and make recommendations and presentations to the Planning Commission and Board of County Commissioners. Coordinate the review of land use petitions by vadous advisory boards including the Water Management Advisory Board, Environmental Advisory Committee and the Subdivision Review Committee. Coordination with the other quasi-governmental agencies, the Regional and State Planning Agencies. March, 1988 to July, 1988 May, 1985 to March, 1988 Acting Planning and Zoning Director Responsibilities included interpretations of the Zoning Ordinance, approval of site development plans, supervision of the Current Planning and Zoning Review Sections and the duties outlined above as Project Planner. Assisted in the reorganization of the Current Pianning Section into a one-stop-shop for development approvals, Provided a stable transition period. Planner III, Comprehensive Planning Section Senior Planner responsible for the implementation of the Comprehensive Plan. Assisted in the preparation of a revised Comprehensive Plan pursuant to a mandated state law. Coordinated in conjunction with consultants on a revised commercial land use strategy which has been incorporated into the Comprehensive Plan. Developed Ordinances to provide for public participation and create a Citizen's Advisory Committee which was instrumental in the development of the Plan. Additional responsibilities include preparation and presentation of amendments to the Comprehensive Plan before the Planning Commission and the Board of County Commissioners; preparation and presentation of additional elements to the Comprehensive Plan; review rezone and -- provisional use requests for compliance with the AGENDA IT~.M NO. RESUME -3- .. B~arb¢ra A. Cacchione January, 1982 to May, 1985 July, 1981 to January, 1983 March, 1981to July, 1981 Comprehensive Plan; hold pre-application meetings with petitioners on proposed rezone requests. Perform long range planning studies. Provide assistance to the general public and public presentations before vadous civic groups. Supervise Planner II position. Planner II, Comprehensive Planning Section Assisted in the preparation of the 1983 Comprehensive Plan including the development of the Housing Element, the Big Cypress Area of Critical State Concern Element and the Future Land Use Element. Responsible for preparation and public presentation of revisions to the Collier County Comprehensive Plan before the Planning Commission and the Board of County Commissioners. Responsible for implementing the Comprehensive Plan by analyzing and reviewing rezone requests, County codes and ordinances for compliance with the Plan. Prepare and present staff reports and ordinances to the Planning Commission and Board of County Commissioners to resolve land use conflicts and to amend the Comprehensive Plan. Perform advanced studies related to the Comprehensive Plan. Supervise Planner I on specific projects. Provide assistance to the general public. Planner I, Comprehensive Planning Section Responsibilities included population estimates and projections; updated housing unit counts and land use maps; preparation of C404 forms forthe U.S. Census Bureau. Compiled demographic information for use within the Department and ' preparation of a Demographic and Economic Analysis Report for distribution to the general public. Prepared projects such as a Bi-County TransportatiortStudy in conjunction with Lee County, Flodda and an Agricultural Lands Study. Assisted in the development and adoption of a revised Zoning Ordinance for Collier County. Provided assistance to the general public. CITY OF NAPLES, FLORIDA Planning Department Naples, Flodda Planner I Responsibilities included population estimates and projections, maintenance of housing unit counts and land use maps. Preparation of staff reports for requested zoning changes for presentation to the Planning Advisory Board and City Council. Administration of the Section 8 Rental Assistance include certification of clients and inspection of dwe lin[~'t, ltl~S;_tO, ITEM %c, .._ RESUME November, 1977 to June, 1979 January, 1977 to May, 1977 MEMBERSHIP & AFFILIATIONS REERENCES -4- .__~rbara A. Cacchione meet HUD standards. Preparation of maps, charts and graphs. Provided assistance to the public and assisted supervisor as requested. ASSOCIATION OF BOROUGHS, ERIE COUNTY, PENNSYLVANIA Edinboro, Pennsylvania Executive Director Coordinated public relations for the 15 boroughs in Erie County. Responsible for maintaining a good liaison between all the boroughs and the Ede County Association of Boroughs; the Association of Township Commissions; and the legislative bodies of Pennsylvania. Legislative lobbying on behalf of the Association. Maintained a working relationship with the County Executive, the County Council and the Ede County Metropolitan Planning Department. Prepared reports for the local governmental bodies (i.e. determined sources of state and federal aid available to municipalities; study of public official liability insurance; coordinate county building and zoning ordinances with the local municipalities). Responsible for the preparation of payroll, petty cash fund and monthly reports. Assisted the President of the Association as requested. U.S. DEPARTMENT Of HOUSING & URBAN DEVELOPMENT Division of Policy Development & Research Washington, D.C. Internship In depth study of Section 2'02 eldedy housing and Section 8 rental subsidy. Coordination of research material and statistical analysis of the program to determine its cost effectiveness and success rate in service to its clients. Published: March, 1978. Member, American Institute of Certified Planners Member, Amedcan Planning Association Member, Immokalee Rotary Available upon request. AGENDAITEM No._ You~,, v~ Ass~>rD~.~e, V~m~o~ & A~m~.mso~, P. A. ATTORNEYS At LAW R. BRUCE ANDERSON CLAY C. BROOKER TASHA O. BUFORD DANIEL H. Cox TINOTHY S. FRANKLIN DAVID P. HOPSTE~ER' C. ~URENCE KEESEY KEN~ VAN ASSENDER~ GEORGE L. VARNADOE RO~ C. YOUNG 0F COUNSEL DAVID ~. ERWIN A.J. Jl~ SPAL~ F~EPLY TO: IECEiVE Naples JUL i 9 200! ~oa~d of Count~ Co~misMoner~ July 18, 2001 G~iE'S H~ 225 SOUTH AOAMS STREET SUITE 200 POST OFF'ICE: E~Ox IB33 (ZiP 32302-1833) TALLAHA..~SEE, FLORIDA 32301 TELEPHONE (BSO) 222-7206 TELECOPIER (850) 561-6034 SUNTRUST RUILOING aOl LAUREL OA~ DRIVE SUITE 300 POST OFFICE E30X 7907 (Z]P 34101-7907) NAPLES, FLORIDA 34108 TELEPHONE (941) 597- 2814 TELECOPIER {941) 597- [060 Ms. Sue Filson Administration Building - 3rd Floor Collier County Government Center 3301 Tamiami Trail East Naples, FL 34112 Re: Workforce Housing Advisory Committee Dear Ms. Filson: I am very interested in serving on the Workforce 'Housing Advisory Committee recently established by the Collier County Board of County Commissioners. As an attorney with more than 25 years experience in land use law, representing both governmental entities and private clients, I believe I would be an asset to the committee, if appoin~d to serve on it. Please consider this letter and the attached resume as my application for appointment to the Workforce Housing Advisory Committee. If you have any questions about me or my qualifications to serve on the Committee, please do not hesitate to call me at your earliest convenience. Thank you for your consideration of my application. Very truly yours, ,./. C. Laurence K~eesey CLK/ph Enclosure as noted F:\uacrs~Patty\wp9\cc gore centex~letters~filson 71601 .wpd AGEND. A ITEM C. LAURENCE KEESEY 495 Chatham Circle Naples, FL 34110 941-513-0905 (H) 941-597-2814 (W) PRESENT POSITION Since 1991, I have been a partner in the firm of Young, van Assenderp, Varnadoe & Anderson, specializing in the areas of land use law, growth management and administrative law. After joining the firm in 1990, and practicing in its Tallahassee office until 1995, I moved to Collier County to work in the firm's Naples office. My practice primarily consists of representing clients, including governmental entities, in matters related to the use and development of land, and issues related to Florida's growth management and comprehensive planning laws. PREVIOUS PROFESSIONAL EMPLOYMENT EMPLOYER: Florida Department of Community Affairs POSITION: General Counsel DATES: February 1987 to November 1989 DESCRIPTION OF DUTIES: Served. as the head of the Department of Community Affairs' Legal Division and as counsel to Thomas G. Pelham, its Secretary. This was a senior management position which, in addition to providing legal counsel, assisted the Secretary in agency policy making, particularly in matters regarding growth management. The General Counsel-is responsible for all legal matters involving, the- agency. The duties included management of a legal staff consisting of twenty-one persons, including fifteen staff attorneys. EMPLOYER: Florida Department of Community Affairs POSITIONS: Attorney III, Attorney IV and Senior Attorney DATES: May 1978 to January 1987 DESCRIPTION OF DUTIES: Responsible for all litigation and legal matters related to the administration and enforcement of the Florida Environmental Land and Water Management Act of 1972 (Chapter 380, Fla. Stat. ) and agency rules implementing the Act. Extensive experience in land use law, administrative law, and adversarial hearings held pursuant to the Florida Administrative Procedures Act. Responsibilities included lobbying and legislation involving the Local Government Comprehensive Planning Act (Ch. 163, Part II) and cases involving developments of regional impact (DRI), areas of critical state concern, and growth management. Represented the agency in all circuit and appellate court work related to Chapter 380, Fla. Stat. The duties included the supervision of attorneys and support staff. AGSNDA ITEM EMPLOYER: Law Office of Kent Spriggs, 324 W. Co~!ege Avenue, Tal!ahassee, Florida POSITION: Associate Attorney DATES: January 1974 to May 1978 DESCRIPTION OF DUTIES: Engaged in the general practice of law with heavy emphasis on federal court cases involving employment discrimination and civil rights. Extensive trial experience in both federal and state courts. Trial experience included personal injury, criminal, contracts and workman's compensation cases in state courts, and Title VII, and 42 USC 1983 class action cases in federal court. BAR MEMBERSHIP The Florida Bar, May 1974 United States Supreme Court United States Fifth Circuit Court of Appeals United States District Courts for the Northern, Middle, and Southern Districts of Florida Collier County Bar Association EDUCATION Law: Florida State University College of Law, Tallahassee, Florida, J.D. degree received in December 1973. Graduated with honors. Recipient of American Jurisprudence Award for excellence in the study of contract law. Best oral argument, criminal law section, freshman moot court competition. Undergraduate: Dartmouth College, Hanover, New Hampshire; B.A. degree received in 1965. PUBLICATIONS Environmental Re_c[ulation and Litigation in Florida, The Florida Bar (annual, 1980-1999). Co-author with Robert M. Rhodes and Thomas G. Pelham of Chapter on the Environmental Land and Water Management Act of 1972. MILITARY SERVIC~ Active duty: U.S. Naval Reserve, September, 1966 to May, 1971 Rank at separation: Lieutenant Duties: Over 2,000 flight hours as combat information center officer aboard EC-121 aircraft flying both combat support missions in Vietnam and typhoon penetration flights throughout the western Pacific area. History Instructor, Naval Aviation Schools Command, Pensacola, Florida. REFERENCES Provided upon request Page 2 of 2 87/19/2881 18:59 4557515 PAGE Homes o{ Soul~wast Florida, Inc. 12955 Collier BI~L, Suilmm F (Sales) 941/455-7772 (~) 9411455-7754 ~ 941/45~7515 81 T~ Pismire: x Urg~n~ [] For Renew [] IPI~a.~ Cmnme.t [] PIm Reply 07/19/2001 18:59 4557515 PAGE 82 July 19, 2001 Ms. Sue Filson: This is to certify that I am interested in serving on the newly established WorMorce Housing Advisory Committee chaired by Commissioner Fiala. I have an extensive background in Workforce Housing having constructed over 571 single family homes, which over 99% went to first-time homeowners. I feel I have a lot to contribute and would like to serve on this committee. Thank you for your consideration, if you need additional information, please feel free to call me at 455-7754. Sincerely, 07/19/2001 18:59 4557515 P~'~ 83 Marlo M. Valle 961 Mum0tt Drive Na~ee, FL 34210 Phone (~41) 348-0190 E~tl mvalle4,377~aat.com Education Professional experience Professional memberships 1985 - 1989 Flodda State University Tallahassee, FL Bachelor of Science In Economics and Social · Served as Ritual officer for the Chi Phi Fraternity 1996 - Present Creative Homes of SW FL, Inc. Naples, F{ Vice-president Sales & Marketing · Oversee the day-to-day sales activities of the company, responsible for coordination of closings with both mortgage lenders and title companies. Knowledgeable in the various construction facets of the homes, as well as the regulations involving FHA, VA and RHDS loans. Participated in a variety of Iow down payment and Iow interest loans through a number of different organizations. Knowledgeable with the various SHIPS programs available throughout the state of Florida. 1991 - 1996 Ward Stone College Miami, FL Director of Academic AITaini Oversaw the day-to-day activities of the college, responsible for new program development, student retention and academic counseling. Facilitated the accreditation process, served on numerous committees, ~-- and responsible for building maintenance. Collier Building Industry Association, Naples Area Board of Realters (As Well As their state and national organizations) currently hold an Active Real Estate Broker's License and an Active Certified Residential Contractor's License Languages Community activities Fluent in both English and Spanish President of the Golden Gate Chamber of Commerce, Board Member of the Golden Gate Estates Civic Assoc. Gulf Coast Band Boosters - President, Workforr~ Housing Committee Collier County - Board Member AGSNDA ITEN-T~ ScOuthem OMMUN1TY Bank of Southwest Florida July 10, 2001 Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Mrs. Filson: I am very interested in serving on one or several of Collier County's advisory committees. My varied background could prove useful to these committees and the county as a whole. You will find my resume attached. Please accept this letter and my resume as my application to serve on one or more of the following boards: Airport Authority Community Character/Smart Growth Advisory Committee Housing Finance Authority Workforce Housing Advisory Committee It would be an honor to serve our community. Please call me at 254-7744 if I can answer any questions. Sincerely; · Telephone 19411 949-6Z00 * Fax {94'1) 949-fi32q Naples, Florida 34109 · Telephone {941) 254-7744 - Fax (94q) 254-7773 9021 Bonita Beach Road * Bonita Springs, Florida 34135 5475 Airport Road, N. · Bill W_est 5703 Drummond Way ~Iaples, Florida 34119 Summary of Qualifications Work (941) 254-7744 Home (941) 513-0941 Cell (941) 404-9529 E-mail: ahomerun~aol.com [21 Cross-functional business manager with experience in general management/strategy, finance, marketing, operations, risk management, e-commerce, transportation and lo,sties. ~ Financial responsibilities have included credit sales and underwriting; operational accounting; portfolio management; collections; bankruptcy and problem loan workout; consumer lending; residential and commercial mortgage lending; equipment lending and leasing; and accounts receivable financing. v1 Responsible for a $29,000,000 portfolio of complex financial relationships. ~ Excellent understanding of business, banking and the economy. Thorough knowledge of financial statements and accounting practices. ~ Sound credit judgment. Managed a team that doubled cop, sumer leans outstanding in one year while maintaining excellent delinquency control. Coached this team in the successful recovery of significant previously "charged off" account balances. ~ Excellent organizational and time management skills. Able to quickly collect and use information to make sound decisions. I enjoy managing simultaneous complex tasks. Excellent written and oral communication skills. Effective at group and individual presentations. ~ Numerous awards for leadership and job performance. MBA Student of the Year. Awarded Navy Achievement Medal by the Secretary of the Navy for outstanding leadership. Distingxtished ~aduate United States Marine Corps Lo~stics School. Professional Experience 2001to present 1999to 2001 1996-1999 1994-1996 Vice President, Southern Community Bank Commercial Lender, SouthTrust-Bank Manager/Owner, US One Equipment Finance Mortgage Banker, Bank of Boston Education 2001 1996 1993 1989 MBA, Finance Dean's List/MBA Student of the Year~4. 0 GPA BA, Organizational Management 3.25 GPA AA, Management of Financial Institutions Dean's List/Honor Student~3. 33 GPA International Studies '-~ilitarv Service International College Naples, Florida Warner Southern College Lake Wales, Florida Brevard Community Coi~9~e Melbourne, Florida ~.7.rqDA ITEM University of Marylan~ }IO. ~____.. Okinawa, Japan] .... United States Marine Corps Logistics Manager - Responsibilities included international airfreight and passenger terminal operations, aircraft load planning, hazardous material certification, customs preparation and intermodal-cargo transfer. Excellent Personal and Professional References Bill ._W_est 5703 Drummond Way Naples, Florida 34119 Professional Education Phone (941) 513-0941 Cell (941) 404-9529 E-mail: ahomerun~aol.com Commercial Lending Diploma Expected Completion October 2001 Supervisory Skills Certificate February 2000 Financial Statement Analysis February 2000 Introduction to SBA Lending July 1999 Certified Leasing Professional Academy October 1998 American Institute of Banking American Institute of Banking Robert Morris & Associates U.S. Small Business Administration United Association of Equipment Lessors Bill W_.est 5703 Drummond Way ~r~ples, Florida 34119 Current & Previous Community Leadership Positions Gulf Coast Venture Forum Founding Director Investor Liaison Entrepreneur Coordinator Certified Development Company Of Southwest Florida Board of Directors Loan Committee Economic Development Commission Of Collier County Business Retention and Recruitment Committee Manufacturer' s Roundtable Health Technology Roundtable Florida Gulf Coast University Small Business Development Center -~ 'lunteer _ ..atructor Kiwanis Club of Naples Board of Directors Volunteer' Space Coast World Trade Council Board of Directors Seminar Coordinator Sebastian River Area Chamber of Commerce Board of Directors Fundraising Chairman Volunteer Brevard Business Connection Founding President Treasurer Phone (941) 513-0941 Cell (941) 404-9529 E-mail: ahomerun~aol.com Melbourne Area Association of Realtors Time Management Instructor Affiliates Committee Chairman Women's Council of Realtors Seminar Sponsor Golf Tournament Sponsor Affiliate of the Year Legislative Affairs Community Affairs Education Honor Society Recipient Economic Development Commission of the Space Coast Volunteer Finance Specialist Home Builders and Contractors Association of Brevard Seminar Coordinator Sales and Marketing Council Volunteer Melbourne/Palm Bay Chamber of Commerce Industrial Development Council Leads Club Instructor Melbourne High School Academy of Business and Finance Personal Finance Instructor Palm Bay Professional Network Founding Member Business Network International Vice President ~ AGc.',~DA. ITEM no._ _._ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE ~: To appoint 16 members and 1 commissioner to act as liaison to the Health and Human Services Advisory Committee. Terms for this committee will expire on June 26, 2002. CONSIDERATIONS: The Health and Human Services Advisory Committee was created on June 26, 2001 by Ordinance No. 2001-40 to assist staffin developing a comprehensive health and human services plan and propose an integrated system of private and public funding to meet the mc~ of local health and human service agencies. The committee shall consist of 16 members from a broad base of citizens and disciplines including: The United Way, Community Foundation of Collier County, Collier County Community-Based Care Alliance, SW FL Workforce Development Bd., Public School District, Sheriff's Office, Hu_nger & Homeless Coalition, Naples Chamber of Co~nmerce, Mental Health Association, Dental Association, Naples Community Hospital, Cleveland Clinic, Banking and Trust Industry, Health Care Planning & Finance Committee, Health Instwance Industry, and a loc~ independent Health Care Pwvider. Terms are 1 year. A press release was issued and resumes were received from the following 14 interested citizens: APPLICANT CATEGORY DIST ELECTOR hDV. COMM, Emie Bret~mnnn United Way of Collier County 3 Yes Su~n~ Luenberger Community found_a6on of CC 4 Yes Joe Patemo Southwest Florida Workforce 3 Yes Dee Whinnery Collier County Public School DisL 5 Yes ,,. Tina Osceola Collier County Sheriff's Office 3 Yes George Drobinski C,C. Hunger & Homeless Coalition 1 Yes Petra M. Jones - Ft. Miyers C.C. Mental Health Association Ed Morton Naples Community Hospitnl I Yes Fielding Epstein Cleveland Clinic 2 Yes Wayne Sakamoto Health Insurance Industry 3 Yes Or Peter lacono H~lth Insurance Industry 4 Yes Dr. William P. l__.n~heid Independent Health Care Provider 2 Yes Mark Rhein Banking & Trust Industry 2 Yes Ed Ferguson Community-Based Care Alliance 3 Yes Productivity Committee Keith Riley Dental Association Chamber of Commerce Health Care Planning & Finance Committee COMMITTEE ~_gCOMMENDATION: New Committee; no recommendations. FISCAL mPACT: NONE so. GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA~TION: That the Board of County Commissioners consider the requests for appointment, appoint 16 members and 1 County Commissioner, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 23, 2001 Memorandum To: From: Date: Subject: Sue Filson, Executive Manager to the BCC Leo E. Ochs, Jr., Assistant County Manager October 12, 2001 Health & Human Services Advisory Committee Members Presented below are the names of those individual.q who have expressed an interest in serving on the referenced committee along with the agencies they represent. Please schedule this for BCC action at your earliest convenience. Thanks. 'nited Way of Collier County the Community Foundation of Collier County The Southwest Florida Workforce The Collier County Public School District The Collier County Sheriff's Office The Collier County Hunger & Homeless Coalition The Collier County Mental Health Association The Naples Community Hospital The Cleveland Clinic The Health Insurance Industry A local independent Health Care Provider The Banking and Trust Industry The Collier County Community-Based Care Alliance The Naples Area Chamber of Commerce The Collier County Dental Association The Collier County Health Care Planning & Finance Committee Ernie Bretzmann Susan Luenberger Joe Paterno Dee Whinnery Tina Osceola George Dmbinski Petra M. Jones, Executive Director Ed Morton Fielding Epstein Wayne Sakamoto and Peter lacono Dr. William P. Lascheid Mark Rhein Ed Ferguson Keith Riley I trust this information will enable you to proceed with thc final selection process. Public Services Division Clear Day Page 1 of 1 filson_s From: mclarty_k Sent: Friday, October 12, 2001 4:31 PM To: filson_s Cc: ochs_! Subject: RE: health & Human Services Advisor~ Dr. Keith Riley 671 Goodlette Road, N. #200 Naples, FL 34120 Phone: 262-1522 Fax: 262-8521 [mclarty_k] .....Original Message ..... From: filson_s Sent: Friday, October 12, 2001 4:25 PM To: mclarty_k; ochs_l Subject: health & Human Services Advisory Committee Do you have any backup material on Keith Riley??? I'll need his address, phone, fax, and resume if you can get one. Thanks. 10/l 2/2001 MEMORANDUM DATE: TO: FROM: September 20, 2001 Vinell Hills, Elections Office Sue Filson, Administrative Assista~ Board of County Commissioners SEP Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HEALTH & HUMAN SERVICES ADV COMM Wayne Sakamoto 2664 White Cedar Iame Naples, FL 34109 Mark F. Rhein 7522 Cordoba Circle Naples, FL 34109 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: September 18, 2001 Board of County Commi~ioners Voter Registration- Advisory Board Appointments The Board of County Cown:i.qsioners will soon consider the following individuals for appointment to one of the county's m:lvisory 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. HEALTH & HUMAN SERVICES ADV COMM COMMISSION DISTRICT Peter J. Iacono 720 Park Shore Drive Naples, FL 34103 Joe Patemo 1271 Foxtrot Court Naples, FL 34104 George Drobinski 4636 Lakewood Boulevard Naples, FL 3412 William P. La.id, M.D. 372 Edgemere Way, N. Naples, FL 34105 Edward A. Morton 116 Palmetto Dunes Circle Naples, FL 34113 Fielding Epstein 9816 Rockybank Naples, FL 34109 Tina Marie Oseeola 4447 29t~ Avenue, S.W. ffroq// Naples, FL 34116 Ernie Bretnnann 2284 50t~ Terrace, S.W. Naples, FL 34116 DeeS. Whkmery 481 31~ Street, S.W. Naples, FL 34117 Susan Luenberger 479 Rudder Road Naples, FL 34102 Thank you for your help. MEMORANDUM DATE: TO: FROM: September 24, 2001 Leo Ochs, Jr., Admin[qtrator Public Services Division -,, i ' Sue Filson, Administrative Assistant_.'i Board of County Commissioners Health and Human Services Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Peter J. Iacono 720 Park Shore Drive Naples, FL 34103 Joe Patemo 1271 Foxtrot Court Naples, FL 34104 George Drobinski 4636 Lakewood Boulevard Naples, FL 3412 William P. Lascheid, M.D. 372 Edgemere Way, N. Naples, FL 34105 Edward A. Morton 116 Palmetto Dunes Circle Naples, FL 34113 Fielding Epstein 9816 Rockybank Naples, FL 34109 Tina Marie Osceola 4447 29t~ Avenue, S.W. Naples, FL 34116 Ernie Bretzmann 2284 50~' Terrace, S.W. Naples, FL 34116 Dee S. Whinnery 481 31~ Street, S.W. Naples, FL 34117 Susan Luenberger 479 Rudder Road Naples, FL 34102 Wayne Sakamoto 2664 White Cedar Lane Naples, FL 34109 Mark F. Rhein 7522 Cordoba Circle Naples, FL 34109 Petm Jones P.O. Box 1 Ft. Myers, FL 33902 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applieanta in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attaehmems I OS:o?a Tom & Pat Schneider 9415982203 p.2 Tilellas $. Sckaeider 7O4 Tmicc~ Oak La~ Nal~les, FL 34108 August 29, 2001 Fax (941)598-ZZ05- FIame Pham~(942)598-1SS5 Email ~ Commissioner Jim Coletta 3301 East Tamiami Trail Naples, Florida 341 ] 2 Dear Jify: I appreciate your personal invitation to participate as a member of the Health & Human Services Advisory Committee being formed. However, aider careful consideration, I must decline at this th-ne. I do wish you and the Committee success in your endeavors. Sincerely, Tom Schneider COPy 4501 Tamiami Trail North Suite 300 Naples, Florida 34103-3060 Tel 941.262.5959 Fax 941.434.4999 vea, at. quarles.com September 13, 2001 Attorneys at Law in: Phoenix and Tucson, Arizona Naples and Boca Raton, F~rida Chicago,/llinoi~ (Ouades ~ Brady LLC) Milwaukee and Madison, Igtsconsin Peter J. Iacono Direct Dial: 941-659-5033 E-mail:Diacono~ouarles.com Board of County Commissioners ATTN: Sue Filson, Administrative Assistant 3301 Tarniami Trail East Naples, FL 34112 RE: Health and Human Services Advisory Committee Dear Commissioners: It is with enthusiasm that I submit to the Board my resume and application for the Health and Human Services Advisory Committee. It is my hope that my resume and application reflect that I am a young professional who has lived in Collier County for the past eleven years and have a strong interest in local government. My practice as an attorney in Naples has also given me the experience that will prove valuable for the Health and Human Services Advisory Committee. My practice requires that I deal extensively with healthcare providers, HMOs, PPOs and physician groups. I submit my application to this Board and I look forward to working with you in the near future. Sincerely, QUARLES & BRADY LLP PJI:lsh Enclosures as stated QBNAPX32 ! 314.1 PETER J. IACONO 720 Park Shore Drive - Naples, ~'lorida 34103 (941) 262.3538 piacono@qualres.com EMPLOYMENT QUARLES & BRADY LLP, NAPLES, FLORiDA Attorney at law, Associate 2000-Present · Practice area focus in complex civil litigation, health care law, political committee regulations and employment law. UNITED STATES ATTORNEY'S OFFICE, SOUTHERN DISTRiCT OF FLORiDA Clerk, Environmental Crimes 1999-2000 · Researched and drafted indictments and memoranda of law on complex federal jurisdictional and environmental issues. Assisted in the compilation of evidence for multi-dis~ct investigations. EDUCATION' UNIVERSITY OF MIAMI SCHOOL OF LAW, CORAL GABLES, FLORiDA Juris Doctor, May 2000 GPA: 3.45/4.0 Honors: University of Miami Law Review; Phi Delta Phi Legal Honor Fraternity; Contracts, CALI Excellence for the Future Award; Trusts & Estates, Deans Certificate of Achievement Activities: Vice-President, Labor & Employment Laxv Society; Moot Court Competition, Semifinals; Client Counsel Negotiations. COASTAl, CAROLINA UNIVERSITY, CONWAY, SOUTH CAROLINA Bachelor of Arts, high honors, Political Science, May 1997 GPA: 3.75/4.0 Honors: Recipient of the Best Brief and Best Attorney awards for South Carolina Student Legislators. Activities: Vice-President, Omicron Delta Kappa National Honor Society; Vice-President Phi Alpha Delta Pre-Law Society; Assistant Director, ODK Alcohol Forum. Transcripts available upon request New Page 1 Page 1 of 2 Applic-__~/~on for Advisory Committees/Boards Collier Comity Board of Conm~i~ 3301 East Tan~ami Naples, FL ~ Fax: (941) 774- Peter J. Iacono Hon~ Addre~: 720 Park Shore Drive Fmy No941.434. 4999 Bu~ness Photm: 941.659.5033 Busit~ss:' @3~rles & Brady I,TP Hon'~ Plm~te: 941.262. 3538 Zip Code: 34103 e-mail address: piacono/quar~ Board or Conm~ee App[~d for: Health & Human Services Advisory Board Category (if appli~bl .~e >~u a registered voter in Collier Comtty: Yes X Do )~u c~fly~ p~ o~e? Y~ No ffso, w~t ~ No Do you now ~enre, or have you~ serve~ ollt~ Collar If yes, please li~t tl~ c o~mdttees~Bo ards: Please li~t )~ur corrm~mfity ~tivities (civic clubs, neigN]orhood associatiom, etc. md positions held: Educatiolu S~ ~m~ http://www.colliergov.net/bcc/advisory%20application-htm 9/14/01 SEP 14 21~1 14: 1~ FR Q~ES - BRADY LLP 434 4996 TO 9~748865 SHERIFF DON HUNTER. co~u~ county ~01 Tam,mi T~a~l Eas~. B~t~. J. Naples. FL ;~112 {94q 77~.~ ~.~ersnece.~li September 14, 2001 Colli~ County Board of Commissioners 3301 Tamiami Trail, East Naple..5., Florida 34112 RE: Pemr J. lacono Dear Commissioaers: I have known P~ter I. Iacono for thc past thr~ (3) years and would recommend him for an appo~ as a rrmmber of the Health and Human Services Advisor~ Committee. Peter has the community leadership and educational t:m:tr, ground of the health insurance industry to be a substantial asset to the Advisory Committee. Please consider Peter for the appointment and contact me if you have any additional questioo_s. CC: F~ Sincerely, 'q'he duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." TOTAL PAGE.OS** ,/./'SOUTHWEST FLORIDA DEVELOPMENT BOARD, INC. 24311 \Valden Center Drive, Suite 200 Bonita Springs, Florida 34134 Phone: 94 !-992-8000 Fax: 941-948-3359 Toll Free: 1-866-992-8463 STEVE PERSONETTE, President JOE PATER~NO, Executive Direcwr August 20, 2001 Mr. jim Coletta, Commissioner District 5 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Dear Corn missioner Coletta, in response to your recent correspondence, Committee/Boards as requested. have enclosed the complete application for Advisory I will be happy to serve on the Advisory Committee for Health and Human Services, should I be selected. ~nould you need additional information, please do not hesitate to contact me. Sincerely, JP/elm Enclosures l" AGENDA Serving Charlotte, Collier, Glades, Hend~-y and Lee Counties Florida Telephone Relay System -TTY 1-800-955-877l - Voice 1-800-955-8770 Application for Advisory Committees/Boards Collier County Board of Commiqaioners 3301 East Tamiami Trail Naplez, FL 34112 (941) 774-8097 Fa~ (941) 774-3602 Name: Joe -Paterno HmneAddress: 1PT1 Foxtrot Court~ Naplesz Florida Fax No. 948-335~ B~im~ Phone: 992-8000 Home Phone: 643-4811 Zip Code: 34104 ~mafi address: paterno~ioe@ho~m-il. COrn Business: Southwest Florida Workforce Development Board, Inc. l~ard or Committee Applied for: Health and H~man Services Category (if applicable): Are you a regi~ered voter in Collier County: Yes Do you currently hold public office? Ye~ I/sa, what is that office? X No No Do you nmv ~erve, or have you ever m-wd, on a comer County board or tmnm/tt~? Yea If yes, please Iht the cemmittem/boarda: PIease list your community activiti~: civic dubs, neighborhood aSSociatioas, etc. and positions held: Red Cross: Current Board Chairman~ Kiwanis: Past President, Kiwanian of the Year, Board Member School Readiness: Current Board Chairman: Florida Workforce DevelOpment Association: In~nediate Past President Florida Volunteer Corp: Treasurer: Leade.rship Florida: Alumni, Junior Achievement: Board Me~er~ Past President Partners in Education: Board Me~er Education: B.S. Degree in Business ManaMement ~x~.erience: See Attached Resume CramO, Commimims~ $3#1 ~ Ttami~ti Tra~ N~,m, FL 34112. Ymt mtw f~c ~ ~ to (n~40774-$6~2 w e-maR t~ suefd~on('&co~ov.~ JOSEPH P. PATERNO 1271 Foxtrot Court Naples, Florida 34104 (941) 643-4811 Education: West Virginia Institute of Technology Montgomery, West Virginia September 197'2 - August 1974 College of West Virginia (Formerly Beckley Junior College) September 1970 - June 1972 Bachelor of Science (B.S.) degree in Business Management with emphasis in Accounting and Econoniics. Employment Background: Southwest Florida Workforce Development Board, Inc. Bonita Springs, Florida 3/97- Present Executive Director: My responsibilities include coordinating ail activities for a volunteer Board of Directors. The Board oversees the following initiatives; School-to- Work, Workforce Investment Act (formerly Job training Partnership Act, JTPA), One-Stop Career Centers, Welfare-to Work, High Skill/High Wage. The Board currently serves a five county region. My responsibilities include the management and collaboration of these initiatives with other local partners, such as the school districts, state agencies, and the business community. I am responsible for the development of performance measures for the initiatives, and for evaluating their effectiveness. I report directly to the Board of Directors President: Workforce Council of Southwest Florida, Inc. Naples, Florida (Formerly the Southwest Florida Private Industry Council, Inc.) 8/84 - 3/9 7 Executive Director: My responsibilities included coordinating the activities of the Board of Directors, which is comprised of local business leaders from our five county area, as well as representatives from education, economic development, organized labor, and others. I was responsible for administering an Employment and Training program with a~ annual, hudget_o~, approximately 4.5 million dollars. My specific duties included: supervising a taf[~7[~,,Ja~a~.~li/ng ;~ Joseph P. Paterno Page 2 the financial affairs of the organization, providing assistance to local employers, evaluating reports, and handling the day to day operation of the organization. I oversaw four offices that serve a five county region. I reported directly to the Board of Directors and was responsible for the development of all office policies, procedures and operating guidelines, as well as handling all media inquires. I was also responsible for making presentations that promote the activities of the Council. Paterno Consulting Services Frankfort, Kentucky 11/83 -8/84 President: I was founder and President of this consulting company. I formed the company for the purpose of providing assistance to various agencies who received federal funding. These services included program development, budgeting, monitoring, program evaluation, organizational structure and other pertinent information. I also provided assistance to private employers who were interested in participating in various federal programs. My responsibilities included making the irfitial contact, preparing all required forms, making presentations, negotiating contracts, and follow-up. Balance of Kentucky Private Industry Council, Inc. Frankfort, Kentucky 6/80 - 11/83 Executive Director: I was responsible for administering an employment and training program in a ninety-two county area within the State of Kentucky. We had a working budget of 2.5 million dollars. My duties included the design and development of training programs for private businesses. I also provided technical assistance to both my staff and to companies or agencies wishing to apply for assistance. In negotiating contracts, I dealt directly with company officials such as Controllers, VicePresidents, and Presidents. Other duties included the handling of the financial affairs of the office, making presentations to various business groups (i.e. National Alliance of Business (NAB) and the Chamber of Commerce), and assisted in the preparation of our newsletters and annual reports. I was also required to have a working knowledge of Federal regulations and to interpret those regulations in order to make sound decisions. The Board of Directors for the Private Industry Council was comprised of representatives from both small and large businesses, community based organizations, educational groups, and organized labor. The Board included, at one time, such members as the Vice President of Corporate Personnel of Ashland Oil, the Plant Manager of Rockwell International, the State Commissioner of Manpower Services, Vocational education representatives, and many small business owners. I was hired shortly after the Council was formed;' thus requiring me to establish the office, hire staff, promote the purpose of the Council, as well as develop office policies and procedures. I initiated guidelines and operating procedures for the Council. Joseph Paterno Page 3 Governor's Office of Economic & Community Development Charleston, West Virginia 5/75- 6/80 Program Chief, Employment & Training Division: Responsible for the supervision of twelve professional staff, two clerical staff, and two secretarial staff. I was also responsible for the administration and implementation of all programs funded under the Comprehensive Employment and Training Act (CETA). I helped initiate a Request for Proposal system, as well as reviewed propOsals, made funding recommendations, and negotiated contracts. I had the experience with on-site monitoring, evaluating' programs and reviewing reports submitted by the sub-grantees to determine if there were any problems, and if so, what corrective action was needed. I have worked with both the Employment and Training Council and the Private Industry Council in providing them with information about various programs. I helped plan and write grants that were submitted to the Department of Labor. My job required that I provide technical assistance to my staff and to various sub-grantees. I had the responsibility of interpreting Federal Regulations and making programmatic decisions based on the interpretations. Prior to becoming Program Chef, I held the position of Fiscal Officer and Program Coordinator. Organizational Affiliations: Served on the Advisory Board for the Center for Human Resources Management at Kentucky State University. Served on the Special Projects Committee of the Kentucky Occupational Information Coordinating Committee. Served on the Private Sector/Economic Development Committee of the National Association of Counties. Chairman of the Kentucky PIC Forum from 1981 through 1983. Served for five years on the Board of Directors of the Charleston Eastern Little League Association. Held the positions of Secretary and Vice President of the Senior League and also managed both a senior and Little League baseball team. Member Florida Employment and Training Association since 1985 - Executive Committee member since I986- President 1987 - 1989. Member of Kiwanis Club of Naples on the Gulf since 1986. A board member since 1987. Kiwanian of the Year 1988 - 1989. President 1991 - 1992. Member of the Board of Directors for Junior Achievement of Southwest Florida since 1986. Executive Committee member since 1988. President'1990 - 1991 and 1992 - 1994. Graduate of Leadership Florida Class XII (Program to bring together fit~ leaders from throughout Florida to discuss problems that affect the entire state). Member of the Board of Directors for the Local Chapter of the American Red Cross. Former member of the Board of Directors for the Local Chapter of the American Heart Association. 0512812001 15:28 9414557235 CATHOLIC CHARITIES PAGE 0i CATHOLIC CHARITIES OF COLLIER COUNTY COUNSELING CENTER 2210 SANTA BARBARA BOULEVARD NAPLES, FLORIDA 34116 PHONE: (941) 455-2655 FAX: (941) 455-7235 FAX TRANSMITTAL FORM Confidentiality Advisory This message is intended for the use of the individual or entity to which it is addressed and may contain Information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Service. Thank you. DATE: /~3,~- Z~.) ~.o~ I .,. TIME: TO: COMPANY: FAX NO: FROM; NOTES; .pages were sent INCLUDING this cover sheet. 08/28/2001 iG:2B 94i4557235 CATHOLIC CHARITIES PAGE 02 Application for AdvisoFy Committees/Boards C om~r C emy Board of C onmatMie~n 3301 East Temimnl Trail ~4~) w4-m~ Are you a realezred voaw bt Coeler County: Yes ~' No Do y~ ~ ~ public office? Yea No ~' Collier County Board of Commi~sioner~ 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 (941) Bo~d or Commi~ AOO~ for: ff~L r~ ~ A~ you a ~s~ voi~ ~ Co~ Co~: Yes No Do you currently hold public office? Ye~ No what is that office? Please list your community activities: civic clubs, neighborhood associations, etc~ and positions held: Education: Pte. a~e .~,~h any ,,,~a~_ ',~l inform_o~n yoa f~d ptu-tin~ l'lds applic, a~n d~ould b~ farwm'd~ to Su~ F'dton, Admini~ati~ Artd~m~ m ~ Board Comic ' ' ,$$01Eattl'amim~l'rail, Nap~ FL.~ l l2. Ymt tmo, fax your t~p~ to (941) 774.-$602 o~ a'n'ail m su~dsonOa, c-ollle~or.net- CURRICULUM VITAE WILLIAM P. LASCHEID, M.D. Address: Residence: 372 Edgemere Way North Naples, Florida 34105-7105 Phone: (941) 262-6608 FAX: (941) 262-4146 E-mail: wlascheid~)aol.com Bom: Cleveland, Ohio - June 16, 1926 Married: To Nancy C. Lascheid - Six Children & Ten Grandchildren & Two Great-Grandchildren Education: Continued Education- Seminars, Meetings, & Conferences 1960-2000 Case Western Reserve University Hospitals, Cleveland, Ohio Resident In Dermatology, 1955-1958 St. Joseph's Hospital, Pittsburgh, PA. 1950-1951 Internship University of Pittsburgh School of Medicine, Pittsburgh, PA. M.D. 1946-1950 Franklin and Marshall College, Lancaster, PA. 1944-1946 B.S. in Chemistry and Biology Mt. Lebanon Public Schools, Mt. Lebanon, PA. 1932-1944 Certified: Amedcan Board of Dermatology, 1960 Military Service: Lt., USNR - Fleet Marine Force - Korea, 1951-1953 (MASH Unit) USNR F&M College - V-12 Program 1944-1945 Medical Career: Co-Founder of the Neighborhood Health Clinic - a volunteer clinic for working poor -1998 - 2001 Dermatology Practice, Naples, FL. 1984-1998 Dermatology Practice, Mt. Lebanon, PA. 1958-1984 Family Practice, Mt. Lebanon, PA. 1953-1955 Medical Licenses: Florida 1974 -2002 Pennsylvania 1951-1986 Medical Teaching: American Academy of Dermatology - Instructor - Computers in Dermatology, Annual Meetings - 1986-1988 Assistant Professor of Dermatology, University of Pittsburgh School of Medicine 1960-1984 Various CME Courses and Lectures in Dermatology Services: Board of Directors - David Lawrence Center 2000 - Present Member - Collier County Healthcare Review Committee 1999 - 2000 Chairman of the Board - Neighborhood Health Clinic, Inc. - 1998 - Present Grievance Committee - Collier County Bar Association -1998 - present Board of Directors, FLAMPAC - 1996 - 1999 Board of Trustees - Big Cypress Wilderness Institute - 1996 - President 1999 - 2001 Co-Chairman - Representative Burr Saunders Health Care Advisory Committee - 1996 Chairman - EDC/Chamber of Commerce Coalition Health Care Committee-1995 - 1998 Leadership Collier Steering Committee 1994 - 1995 Chairman - Community Health Partners Professional Relations Committee 1994-1996 Member- Credentials Committee- Naples Community Hospital 1995 - 1996 Delegate - Florida Medical Association Legislation -Annual Meetings 1992 - 1998 Chief of Department of Medicine - Naples Community Hospital 1992-1994 American Academy of Dermatology RVS Committee - 1993-1998 Chairman -Collier County Public Health Unit Advisory Board - t993-1994 Leadership Collier- Class of 1993 Board of Directors - Flodda Medical Association Peer Review Organization - 1992-1993 Board of Directors - Naples Chamber of Commerce - 1993-1996 Chairman - Collier County Medical Society Volunteer Physician's Committee Chairman - Collier County Medical Society Board of Censors 1993 - 1995 President - Collier County Medical Society - 1991-1992 President Elect - Collier County Medical Society - 1991 Secretary - Collier County Medical Society - 1990-1991 Treasurer- Collier County Medical Society- 1989-1990 Member- Collier Community Health Planning Council- 1990-1994 Chairman of the Board - South West Florida Physician's Association - 1989-1993 Board of Directors - South West Florida Physician's Association - 1988-1995 Chairman - Collier County Medical Society Committee for Indigent People 1989-1995 Parents Council of Otterbein College, Westerville, Ohio 1979-1981 President, Alumni Association of Franklin and Marshall College, 1981 Alumni Council, Franklin and Marshall College, 1975-1980 Professional Services Representative, Pennsylvania Blue Shield, 1972-1984 Board of Directors - Mt. Lebanon Professional Building, Inc. 1960-1984 President, Pittsburgh Academy of Dermatology, 1967 Board of Directors, Y.M.C.A., Pittsburgh, PA, 1965-1968 Professional Memberships: American Medical Association, Flodda Medical Association, Collier County Medical Society, American Academy of Dermatology, Florida Society of Dermatology, Pittsburgh Academy of Dermatology, Pennsylvania Academy of Dermatology, North American Clinical Dermatological Society, The Skin Cancer Foundation, South West Florida Physician's Association, Master's Dermatological Association, Community Health Partners of Naples. Hospital Affiliations: Emeritus Staff- Naples Community Hospital, Naples, FL 1998-Present Emeritus Staff- North Collier Hospital, Naples, FL 1998 - Present Active Staff - Naples Community Hospital, Naples, FL 1984-1998 Active Staff - North Collier Hospital, Naples, FL 1990-1998 Consulting Staff- St. Clair Memorial Hospital, Pittsburgh, PA 1954-1984 Dermatology Consultant- John Kane Hospital, Pittsburgh, PA 1960-1980 Consulting Staff - South Hills Health System, Jefferson Center, Pittsburgh, PA 1950-1982 Consulting Staff- Canonsburg Hospital, Canonsburg, PA 1960-1981 Awards: 2001 Naples Daily News Outstanding Citizen Award (Shared with my wife, Nancy) 2001 Community Foundation Robert C. Cosgrove Award (Shared with my wife, Nand~/) 2000 Florida Medical Association Partnership in Medicine Award 2000 Gulfshore Life Man of the Year in Medicine Naples Campus 350 Seventh Street N. Naples. Florida 34102 I941) 436-5000 NCH Healthcare System North Collier Campus 11190 Healthpark Boulevard Naples, Florida 34110 (941) 5t3-7000 August 21, 2001 Jim'Coletta Commissioner, District 5 Board of Collier County Commissioners 3301 Tamiami Trail, East Naples, FL 34112-4977 RE: Health & Human Services Advisory Committee Dear Commissioner Coletta: Enclosed herewith is the completed application for the Health & Human Services Advisory Committee, and my current resume. Thank you for suggesting that I apply for membership on this important Committee and for your confidence in my potential to make a contribution to this Committee. Chief Executive Officer www. NCHmd.org AGEND~ ~ NO. ~,/' ~"7 ,,, Application for Advisory Committees/Boards Collier Comfy Board of Commk~ollP..~J ~1 E~ T~ T~ N~ E ~112 (~D ~~ F~ (941) 77~ Edward A. Morton Hom~Addr~__: 116 Palmetto Dunes Circle FaxNo. 436-5914 B~P~o~: 436-5113 ]~: NCH Healthcare System Baard or Commiff~ Applied ~r: Category (ff ~plicabl~): ltOm~_lq~m~: (941) 774-4754 34113 edward, mor ton~nchmd., orm Ad Hoc 8ealth & Human Services CommYttme Ar~ ymm a registered vo~' i~ Collier Cmmty: Yem x Do you currcrdy hold p~ office? Y~ NO × N~ X Please list your commUnitY m:tJviti~: ~ ~ ncighborlMMd ~ssodations, ~ and positions held: Commissioner, Collier County Sheriff's Office; Trustee, Flori~ Gulf Coast University; Director, Naples Chamber of Commmrce; Member, ~ollier County Health Advisory Board; Trustee, Youth Development Foundation; and Director, Ci~iz. eq$ National Bank University of Notre Dame, B.S., Public & Managerial Accounting, 1969; F%9rida. Internationa] University, Graduate Studies-Master of Accountancy Program & Tax Law, 1976-78; University ~m~ Miami, MBA, 1982 10f~000 - Present 2000 - 9/2000 CEO. NCH Hemlthcmrm ~ymrmm CO0~ NCH Healthcare System 1972 - 1999 CFO~ NCH Healthcare System RESUME EDWARD A. MORTON 10/2000 - Present: 2000 - 9/2000: 1972- 1999: Education: Current Professional Associations and Affiliations: Former Associations and Affiliations: Chief Executive Officer, NCH Healthcare System, Inc. Chief Operating Officer, NCH Healthcare System, Inc. Chief Financial Officer, NCH Healthcare System, Inc. University of Notre Dame, B. S., in Public and Managerial Accounting, 1969; Florida International University, Graduate Studies - Master of Accountancy Program and Tax Law 1976 - 1978; University of Miami, MBA, 1982 Commissioner, Collier County Sheriff's Office; Director, Florida Gulf Coast University; Director, Naples Chamber of Commerce; Member, Collier County Health Advisory Board; Trustee; Youth Development Foundation; and Director, Citizens National Bank. Director, Moorings Park; Member, City of Naples Redevelopment Advisory Board; Member, Collier County Board of Economics Advisors; Member, City of Naples 41-10 District Advisory Board; Member, Eagle Scout Selection Committee; Director, Economic Development Council; and Director, Barnett Bank of Naples. SUG ~5 ~001 11:058M HP L~SERJET 3~00 p.1 CLEVELAND CLINIC FLORIDA 6101 PS R~dge Road. Naplea, FL 34119 ADMINISTRATION FACSIMILE COVER YELEPHONE: 3q %- t~ FROM: Fielding Epstein Administrator TEI.E#: (941~ 34~ FAX#: FA.XIt: ~941) 348-4055 CONTIDENTIALITY NOTICE: The docxn'ncnla accompanying this transmission contain confidential information, belonging to the sender, that is legally privileged, This informanon is intended only for the use ofgac i. adividual o~ rarity named above. The authoriz~ r~cipi~nt of this information is prolxibitgd from disclo~g this inform~on to any oth~ patty and is rcqmr~d to destroy the information after ia stated need has been fulfilled. If you arc not the intruded recipient, you arc hereby notified that any di.,closurc, copying, distribtmon, or action tak on thc conteats of these documents is suictly prohibited. If you have race/veal this in error, please noffy the sender to ~ ia,~ge for return of fl~cse documents. Thank You. NUI~BER OF PAGES TO FOLLOW, INCLUI)ING COVER: RUG 25 2001 II:06RH HP LRSERJET 3200 p.2 Application for Adviaory Commitleea/Boarda C~i~r Cmaty B~mi ~f · ~1 ~ Tmnbmi Trail ~) Fax: 041) RUG 25 2001 ll:06RM HP LRSERJET 3200 p.3 Fielding W. Epstein 9816 Rockybank Naples, FL 34109 941-593-9556 FieldingEpstn@aol.com PROFESSIONAL EXPERIENCE Cleveland Clinic Florida Naples, Naples, Florida Adm inistrator, 1998 - Present · Responsible for the planning, startup and management of a $22,000,000, 180,000 sq. lt. ambulatory center consisting of a multi-specialty group practice, full sen/ice imaging center, ambulatory surgery center and laboratory, o Established over 40 new physician practices and recruited and managed over 150 support personnel. Within next two years will establish another 30 practices. · Established and managed practices in the following specialties; anesthesiology, cardiology, colorectal surgery, dermatology, gastroenterology, general surgery, geriatrics, pulmonary, gynecology, hand surgery, internal medicine, neurology, opthalmoiogy, orthopaedic surgery, ototarnygology, plastic surgery, podiatry, radiology, rheumatology, and urology. · Managed $40,000,000 operating budget and exceeded budgetary goals by $3,000,000. · Assisted in the development and opening of a $52,000,000 70 bed hospital. Responsibilities included the development of the business plan and operating budget, selection of the management team, and the hiring of over 250 nursing and support staff. · Conducted over 50 community presentations regarding service offerings. Presentations were delivered to over 3000 people. · Responsible for media relations. , Responsible for compliance, reimbursement, and coding. · Member of the Collier County Health Care Advisory Task Force. The task force has developed an action plan for addressing the heaSth care needs of the uninsured and underinsured popu$ation. New Resources, Cleveland, Ohio Management Consultant, 1997 - 1998 · Served as project manager in providing information strategy planning, package system selection, systems implementation, full iife-cycle systems development, technical services and operations, and system integration. · Selected Institutional Advancement information system. · Attracted new e-commerce consulting business. Mt. Sinai Medical Center, Cleveland, Ohio Vice President, Physician Services, 1996 - 1997 · Responsible for medical staff relations for 400 physicians, primary care development, practice management services, physician billing and reimbursement, contracting and negotiation, risk contracting, physician recruitment and practice acquisitions. · Managed 35 physician MSO with billings of $12,000,000. Achieved $400,000 reduction. · Established a new Emergency Room physician group and negotiated the new services agreement and shared dsk operating budget. NO. ~A'J~ RUG 25 200! ll:OGAM HP LASER3ET 3200 ~IBS Net Inc, Mayiield Village, Ohio Vice President, 1995 - 1996 · Developed and managed practice management systems for over 600 physicians. · Responsible for project management and market development. Kaiser Permanente, Cleveland, Ohio Associate Regional Medlcal Facility Administrator, 1990 -1995 · Responsible for the regional management of medical records, radiology, and laboratory services and the implementation of clinical information systems at 11 medical offices with a combined operating budget of $12,000,000 and over 300 employees. Over 200,000 radiology procedures and 7,600,000 lab tests were performed per year. · Internalized radiology services and standardized film contracts resulting in $1,400,000 in savings. · Managed a 90 provider ambulatory care facility, free-standing emergency mom (ER) and a 24 unit observation unit, and an ambulatory surgery center which provided over 325,000 pdmary and specialty care visits and over 52,000 ER visits and over 4000 procedures a year with overall operating budget of $21,000,000 and over 400 employees. · Project leader for the conversion of the hospital to a specialty ambulatory center resulting in the renovation and redesign of 190,000 sq. ft. · Co-project leader for $8,000,000 electronic medical record project. The system was installed in 14 facilities and resulted in the elimination of 50 medical record positions. The system received the Davies Award from the Computer-based Patient Record Institute (CPI{I). _ · Developed high school partnership for health careers The Cleveland Clinic Foundation, Cleveland, Ohio Administrator, Division of Radiology, 1988 - 1990 . Managed diagnostic radiology, nuciear medicine, radiation therapy, film library, and transcription services with an operating budget of over $40,000,000 and 285 employees. · Provided administrative support to 38 physicians and scientists. · Planned and implemented a radiology information system. The Cleveland Clinic Foundation, Cleveland, Ohio Administrator, Organ Transplantation Center, 1986 -1988 · Established multi-organ transplantation center. · Provided administrative support to 20 transplant physicians and surgeons in the heart, liver, kidney, bone, bone marrow, pancreas, and cornea programs. · Developed and implemented satellite programs. · Developed and executed package pricing arrangements with payors. · Responsible for the establishment and management of an independent organ procurement agency with a $2,000,000 operating budget. The Cleveland Clinic Foundation, Cleveland, Ohio Planning analyst/Project Manager, t983 - 1986 · Developed strategic plans with over 30 specialty clinical departments. · Submission of Certificate of Needs. · Developed and implemented programs ir~ home care, chemical dependency, transitional care, _. long term care, organ transplantation, rehabilitation and other areas. .. NO. ~/~ RUG 25 2001 ll:OGRM HP LRSERJET-3200 p.S PROFESSIONAL AFFILIATIONS/TASK FORCES · Medical Group Practice Management Association · Collier County Health Care Advisory Task Force · Board Member - Temple Shalom of Naples EDUCATION University of Michigan, Ann Arbor, Michigan Bachelor of Arts, Psychology, 1980 University of Michigan, Ann Arbor, Michigan Masters, Hospital Administration, 1982 Cleveland State University, Cleveland Marshall College of Law, Cleveland, Ohio Juris Doctor, 1987 HONORS AND AWARDS · Cleveland Clinic Administrative Fellowship (1982-19l~3) · Ohio Bar (May, 1989) · Total Quality Management Facilitator Training, Juran Institute (1991) 88/24/2881 13:55 9417939339 CCSO PIO PAGE 01 Application for Advhory Commitum/Boards 3~01 ~ Ta,Wuu~ Tmfl (~) ~~ F~,, ~) ~4.~ Cm~,o~ 'C~' qaflioable): Areyouaresbeeredvolm'iaCdlkrCeaa~: Ye~ v'/ Do y~u cuFremty hold public offlee? Ye~ NO No Application for Advisory Committees/Boards Coilll~ BO~'d of Commie~OilPA~ 3301 East T~m4~m4 Tr~] Naples, FL 34112 (s~t) w4-so~? gm: (941) 774-3602 ]ga~. ~rnie Bretzmann HomeAddrg~: 2284 50 Terr SW, Naples FL 261-3955 BminmPhone: 261-7112 B~: United Way of Collier County 455-34}~ 34116 uwofcc@aol.com Board or Commlt'f.~ Applied for:. Category (if apoUcau~):. Health & Human Services Advisory Com~ttee Are you a registered voter in CoW.,,~- County: Yes Do you earreatly hold publ~: office? Yes No Xfm, whatb tha{: 4m~{~e~? No Golden Gate Community Center Advisory CommAttee' Edm~: BS DeEree from Grand Canyon Universit¥~ Phoenix AZ in Behavioral Science United States Air Force - discharged as a Staff Se~am~ twent~ two years as a YMCA Director and six ~ears as Executive Director of United Way of Collier County.. . PERSONAL INFORMATION Ernest Bretzmann, Born Livingston N.J. Home Address: 2284 50th Terr. S.W., Naples FL 34116 Phone: 941-455-3496 Married to Francoise. One daughter Sonia, third year law student. Health and Fitness: Excellent. EDUCATION Grand Canyon University, Phoenix, AZ, B.S. Major: Society, Jr. and Sr. years Department Fellow. Livingston, N.J. Public Schools. Behavioral Science, Alpha Chi Honor MILITARY Served in the Air Force for four years as a Personnel Specialist, Honorable Discharge a: a Staff Sergeant. Also served on the USAFE Honor Guard. USAFE Weight Lifting Champion PROFESSIONAL VOCATIONAL EXPERIENCE UNITED WAY OF COLLIER COUNTY, Naples FL, Executive Director, June 1995-Present. I. Restructured the Board, committees and budget review panels to develop a much more effective Volunteer-Staff team, and greatly increased community ownership. 2. Formed agency alliance of all of our member agencies to enhance collaboration and effectiveness of our agencies to better serve the community. 3. Createt a Financial Development Co--,~ttee to address the need of having a planned giving program for the organization, leading to the creation of an endowment and receiving a number of significant bequests. 4. Developed a six-month emergency operating reserve for our United Way. 5. Our 1996 campaign giving increased 24.2% over 95, the largest percentage increase o~ any Metro IV ($1,000,000 to $2,000,000) United Way in the entire country. Results of t.b/e 2000 campaign indicate a five-year campaign growth rate of 113.3%. Participated with the Community Foundation as a funding partner in the development of the Leadership Center for Non-Profit organizations, and th~ funding of a county-wide needs assessment conducted by Florida Gulf Coast University. Have made hundreds of presentations to businesses, community groups and individuals to cultivate awareness of and make friends for the United Way. 0 GUILFORD COLLEGE I~CA, Greensboro NC, Executive Director, April 1994-June 1995. 1. Directed and administered a YMCA in collaboration with Guilford College. 2. Requested National Staff conduct an Association Assessment in Aug. 94, and their report was used as the catalyst for the development of a strategic long range plan. 3. Began work on obtaining donated land for future site for a flag-ship YMCA. 4. Ended 1994 with the largest operating surplus (more than 100% greater than the previous best) in the twenty-year history of this YMCA. MARCO ISLAND YMCA, Marco Island FL, Executive Director, February 1982-April 1994. 1. Brought stability to a YMCA which had employed three Executive Directors in the previous four-year period. 2. Developed strong Volunteer-Staff teams. ~ ~ho ~mcurit 3. Immediately began to create an operating surplus which en~ur:_ ~ y ~nd and credibility of the organization. / AGENDA~A~--' 4. Worked with a distinguished committee in creating a comp~he~_~~ge development plan. ..... t 5. Led our YMCA to full autonomy from its original parent association (Naples YMCA) and received our charter from National YMCA on 1-1-85. Gained valuable experience during the negotiation period which brought about this change and learned how to set-up a new corporation. This has also provided the experience of working with Federal, State and local governmental agencies. 6. Conducted a successful $1,000,000 Community Capital Campaign which exceeded the goal, in a community of I0,000 residents. 7. Worked closely with contractors during the construction and complete facility development of a 183,000 gallon aquatic center and 15,000 square foot multi-purpose building including a Nautilus Center. Completed the project with no debt. 8. Established a broad program base for all ages utilizing the new and existing facilities. 9. Developed strong positive relationships with other community service organizations, United Way and the news media serving our area. 10. Developed, with the Board & YMCA of the USA consultation, a new long range strategic plan, which will chart the Association's direction into the 21st century. SOUTHWEST BRANCH YMCA, Miami FL, Executive Director, May 1979-February 1982. 1. Responsible for the operation and administration of a ten-acre, full facility site and all staff. 2. Delivered Health Enhancement programs to the IBM Corporation in Coral Gables FL. 3. Developed master plan for the long range program and financial development of the YM¢ 4. Planned and constructed an Adult Health and Fitness Center on site. WILKES-BARRE YMCA, Wilkes-Barre PA, Youth Director, September 1973-March 1977. 1. Developed and directed all programs for an area just recovering from the impact of a major flood (Hurricane Agnes). 2. Produced cooperative programs with: Child Development Center, YWCA, Primary Prevention Center and the United Way. Membership and Adult Program Director, March 1977-April 1979. 1. Totally reorganized administrative department and hired all new staff. 2. Developed very effective public relations, publicity and marketing programs for the Association. Directed and administered our 450 member Health and Fitness Center. Increased membership in the Association from under 1200 to over 3000. Be PROFESSIONAL OBJECTIVES Wish to apply experience, creativity and energy where it may have the greatest effect. Believe greatest strengths to be: commitment, reliability, fiscal management, public speaking, listening, and the ability to relate to and work with people regardless of their social, cultural or financial background. Want to be part of an organization which permits application of skills and experience in a position which presents the opportunity for personal growth. ORGANIZATIONS YMCA Senior Director, Paul Harris Fellow of Rotary International, Naples Council For Planned Giving, Founding member of the Marco Island Community Prayer Breakfast Committee and the Grant Maker's Association of Collier County. Graduate of Leadership Collier, Class of 1998. NO. 08,'24/2001 FRI 15:29 FAX 9414366567 PUPIL SERVICES ~001 Tile DLSTR]:LT SCHOOL BOARD OF COLLZER COUNTY DEPARTMENT OF STUDENT SERVICES 3710 ESI'E? AVENUE NAPLES, FL 34104 PHONE: (941) 436-6474 FAX: (941) 436-6567 Department Staff: Dee Whinnery, Executive Director Rick ~mret, Coordinator/Psychological Services Diedra Landrum, Coordinator/Guidance & Counseling ,Tim Orfely, Dropout Tracking Liaison Marlene De?rancesco, Attendance Assistant, Naples Martha DeLeon, Attendance Assistant, Immokalee Barbara 5tarcher', Student Services Specialist Angels Valmana, Attendance Assistant, N~ples TO: Commissioner ~Tim Coletta FR: NUMBER: Dee Whinnery 774-3602 RE: COMMENTS: Advisory Committee for Health & Human Servic~ · Application PA&E i OF 3 Tl~e information contained in this facsimile messa~e is privileged and confleterrrtal Infoeffte?lon Intended foe the use of the individual nmllecl abave. T{ the eeader of this me.~sage, iS not the intended recipient, or, the employee or agent responsible to deliver it to *he intended recipient, you ar~ hereby natlfied that a~y dissemination, distribution or copying of this ¢~nu~unical'ion is prghibi?ed. If you have received this fax in error, please immediately rlotJfy us by telephone. 08/24/2001 FRI 15:30 FAX 9414366567 PUPIL SERVICES ~002 'Application for Advisory Commi~ards Name: Dee S. Whiflnery ]]om= Address; 481 31st. Street S.W. F~No. (941} 436-6567 ']~ac~= (941) 430-5704 ])~ims: The District School Board of Collier County 34117 whlnn®de~collior, k4 2.f~l_us ikmrd or Co~-,'_~_~ Ap~ied br. Advisory Committee for Health .Human Services X ffy~ p~u~l~le ' - District Knowled;le Base, Immuniza.ti.'on Coalifion,,S(~hool Hea. l~b .... _ Council, Collier County School Health Ph~ning,-~ollier county S~h-(~01 Health, Review, SHOCAP,'~Ubstance · Abuse Advisory Council, Collier County Juvenir(~-J-u~i'~'~Ouncil, Health}/Ki~ NaPles ,,,N,,liance for Chil~r~A''' ' C~)~r--C~n~yEdU~tlort FoUndatiOn/Advisory Council, Collier C0'~fity Juvenile JustiCe Council _ N_ a.P_ie.s Uq)t.e_d_.C .h..u~h of_ C.:hrist (Assistant. C.hairman of Christian Education) The Urban Soecial Education, L~eacl.ef.sh_iD Collaborative. Council for Exceotional Children .. Naples Co.m.munity Hospital (volunteer), Junior LeaRue {volunteerL The Leaoue Club _(velunteer_t. _ · ~,eaderehio Collier 2000 _. ._ ._ ~ MSE, Special Education - Educational Leadership,University of Wiscon.sin- _-_Eau Claire BS - Education - University of Wisconsin - Milwaukee ']Ll~=: Executive Director Student Services- CCPS _ Director of Exceptional Student Education - CCPS Administrator, Assistant Principal, Principal- CCPS '-- ;~- - - ~0-n:linat°~Excel=tional Student Eclucation- CCPS [ffs~-uc~O~ Special EducaG0n D6par[ment- u'nive~sity of wisconsin, Eau Claire Teacher of Emotionally Disturbed- Eau CFa[re-PUblic Schi~oIs SuPe~i._s~..r~_pmgram_ _s fo___r_Emofion_a_lly Disturbed - CESA'5 con~uif~nt- T6'~er,-M~,n0~.0. hie public $~h~i01, -Menonlonie, WI' Teacher, Eau Claire Academy, Eau Claire, WI T~acher, St.-John's $~.fi6._ol, SOUth MIl~v~aukee, ~Vl 08/24/2001 FRI 15:30 FAX 9414366567 PUPIL SERVICES EMPLOYMENT HZSTORY EDUCATZON PROFESSIONAL AFFZLZATZONS DZANNE SMITH-WHZNNERY The District School Board of Collier County Executive Director of Student Services 3710 Estey Avenue Naples, FL 34104 Executive Director of Student Services The District School Board of Collier County, Naples, Florida Administrator, Principal East Naples Hiddle School, Naples, Florida Administratort Assistant Principal East Naples Middle School, Naples, Florida Coordinator, Programs for Emotionally Handicapped The District School I~ard of Collier County, Naples, Florida Administrator~ Assistant Principal Memorial High School, Eau Claim, Wisconsin Instructor, Special Education Department-Graduate Program University of Wisconsin, Eau Claire, Wisconsin Teacher of Emotionally Disturbed Supervisor~ Programs for Emotionally Disturbed Consultant Black River Camp, Division of Corrections State of Wisconsin Teacher, Residential Program, Severely Emotionally Disturbed T eachert Elementary Post Graduate study 40 + post graduate credits in Educational Leadership University of Minnesota University of Wisconsin Master of Sdence in Education (MSE) Special Education University of Wisconsin, Eau Claim, W~ Bachelor of Science (BS) Elementary Education University of Wisconsin, MilwauKee, WI pg.AGENOA,~.M~ Florida Associal~on of School Administrators ~' ~e U~n Sp~l ~u~fi~ L~demhip ~labomt~ ~un~l of ~mini~tom of 5~al Edu~on (~ * ~un~l for ~Uonal ~iidren ~1~ ~p~ ~mma ~ ..... T~iner, A~mafi~ T~ining In~a~Florida ~pa~ent of'Edu~on Leade~ip ~llier Oa~ of 2000 Aug-30-01 10:47A (941) 649-5337 P.01 Applkation for Adviaory Commttlmnd~ards mp ces~: ,~ ~/ 0 2_. , , Cfael,~ Ca'.pllicsbb): ............... Amyeua~vetm'JuCs~m'~ Yes ~ No Au9-30-01 10:47A (941) 649-5337 P.02 Susan ak. Luenberger 941-649-5000 sluenberger~att.net SUMMARY OF ACCOMPLISHMENTS Developed marketing and fundraising programs resulting in record growth of a community foundation in last 5 years, f-rom $50 l~illion to $550 milh'on in assets. · Proven leadership and management experience. · Unique understanding o~ corporate and executive giving, inducting complex stock gifts, planned gifts, · Conceived and established groundbreaking programs in corporate and entrepreneu~l philvmthropy. · In-depth knowledge of nonprofit issues and national foundation trends. · Strong analytical skills, outstanding writlra~ and oral presentation sitil_!~ EXPERIENCE Community Foundation of Collier County Naples, FL President (9/2000 to present) Responsible for overall management of $25+ million Foundation with s~tff of 10 and board of 15. Provide direction for donor relations, commurtity relations, grantmaking, investments and finance. Community Foundation Silicon Valley San Jose, CA Vice President, Development and Markeh'ng (9/95 - 6/2000) Helped the Foundation's assets grow from $55 million in 1995 to $550 milh'on in 2000. · Designed marketing programs and services to engage donors in philanthropy, such as the Silicon Valley Social Venture Fund, resulting in ~ of nearly $200 million in 1999-2000. · Created comprehensive donor communications plan including award-winning Annual Report, brochures and other publications, receptions, informational seminars, etc. · Increased donor participation in Foundation grantmaking, more than doubling the available unr~trict~ funds to grant to local nonprofit organizations. · Led the Foundation's internet strategy, including a new website laurtched in October 1999 and on-line giving capability. · Built a network of professional advisors (attorneys, CPAs, investment finns, etc.) resulting in significantly increased gifts from referrals. · Represent the Community Foundation to the media at local and national level. · Active in board and staff development, long-range planning, and other management activities · Built and managed staff of approximately nine professionals. American Red Cross, Palo Alto Area Chapter Palo Alto, CA Assistant Executive Director (7/94 - 8/95) Managed all activities and staff in fundraising, public relations, volun~ services and youth programs. Responsible for representing the agency to exterrml audiences, including major donor, officials, and other community leaders. Worked closely with the part-time ~xt, cutive dimct~ and the board on long-range planning, board nomirmtions, budget, and program developmant~ R~ award for employee excellence in 1990. Other positions held at American Red Cross include: Director, Development and Communications (8/89- 7/94) Co-Acting Executive Director (3/93 - 7/93) Communication and Volunteer Coordinator (10/88 - 8/89) Aug-30-01 10:47A (941) 649-5337 Po03 MAD Intelligent Systems, Inc. San Jose, CA Marke~'ng Communication Coordinator (1987 - 1988) Coordinated U.S. and intm~tational corporate communications activities including press and inwml~r relations, trade shows and seminars, and internal and external marketing matmiais. QED Research, Inc. Palo Alto, CA Research Assistant (1985 - 1986) Responsibilities at this economic consulting firm included research end analysis of mgion-~ economies of utility service itreas, assisting in financial modeling, and creating spreadsl~t~ and graphics for client presentations. BOARD and COMMUNITY SERVICE (Corporate and Nonprofit) CoreMatter software corporation, director 1998-present Council on Foundations, Best Practices work group, co-chair 2000-~t Council on Foundations, 2001 Fall Conference Planning Committee Housing Trust Fund of Santa Clara County, co-chair 1995-2000 Nat'l Society of Fundraising Executives (NSFRE), Silicon Valley Chapter, board n~mber 1999-2000 Silicon Valley PIarmed Giving Council, board member 1999-2000 Palo Alto Community Development Block Grant Committee, chair 1993 Palo Alto Centmmiel Committee, volunteer 1994 Stanford University Class of 1985 Reunion, volunteer SUMMARY OF SEMINARS AND PRESENTATIONS: Fall Conference of Community Foundations 0996,1997,1998,1999) · Advancement Network of Community Foundations (1996, 1998, 2000) · Nonprofit Development Center, San Jose CA 09~S, 1999) · Comma of Community Foundations (1999) · NSFRE International Conference (1999) · Northern California Grantmakers (1999) Stanford-IVY Conference 0999) · Partnership and Collaboration Conference, Duke University (1999) · CORO Fellows (1999) · American Association of Medical Colleges (2000) · Several presentations to nonprofit boards and corporate grantmakers on fundraising and trends in philanthropy. EDUCATION Santa Clara University Leavey School of Business, M.B.A. Stanford University A.B. Economics ~nd French Other education · Leadership Palo Alto (now Leadership Midpeninsula), class of 1993 · United Way of Santa Clara County Management Certificate · The Fund Raising School Other Have traveled extensively in ] Speak, read and write French. 3301 EAST TAMIAMI TRAIL HEALTH & PUBUC SERVICES BLDG. 2ND FLOOR NAPLES, FLORIDA 34112 TELEPHONE NO. (~,1) 774-8408 FAX NO. (94,1) 732-~20 For RBvlew I~ PI~N~ ~mmmnt AGENDA ,.", I 'i ~&ples, FL 34~09 Branch Manager for Investace~, Inc. Naples, Florida. Inves~men~ & 12~urinca servioes. SunAmerica SecuxiCiee, Naples, Florida. ZnvesCme~t & insurance services. Advertising Repzesentative, The Naples. Daily News, Naples, Florida. Resp0r~ible £or selling display adver=ieing in NotCh Naples.for The Naples D.a/.lv News, a Scripps-H~ward newspape=. 1~93 1966 Continuing Medical BctucaC~on, Inc., Santa .Asa, California. Coordinated educational semt~l ~hroughou~ the field of ~dicine. ~rketed e~i~ ~ac~'to · ~2c~1 co~ratio~ for na=io~al ~Mado fhows for professio~l~. Bold ad~rCigtng fo= Chi '~n=hly ~lica=lon, ~ Pav~h~a=ric Time-, on a ~ti~l ~sis. De~lop~ ~d m~ed Coast Account ~x~cuUtvs, Interview A~gales, California. Sold 'advercisi~--£dr natio~l.cone~er ~aE~e ~o~ded ~y the. ReP arc ~con, ~dy.Warh,1. ' ~99S Sou~hwel~ Florida C~apter President, $ou~hwes~ Florida Chapter Board ~em~e~, Florida SCats Assoc. Board ~tedArts Council of collier'County Board mewd0e~ for ColLier CO%L~LF's Cleli~ated~l" l'zewenl: ~ambership nenefi~ COmmic~ee, addressing members~ip be~efi~l PrmwonC BoF~L~a Springs'C l mm beE cE CommerCe Member CellAef County Keal~hcare Talk'Force / Coem~ittee Chair, review~g, healthcare co~carns of Collier County & ~W Florida . B.A. CALIFO~ STATE UNI~ITY; ~ICo Bachelor of Artl'in Coew~ur~icatton~ nad ins~c=ional Te~l~ - 1984 ' ~omona, Cali~orn£a. iroa~cu~/~our~aZism pro, ram.. i'~S0 Corporate C~mmunlcaC. icm.$ 3301 EAST TAMIAMI TRAIL HEALTH & PUBLIC SERVICES BLDG. 2NO FLOOR NAPLES, FLORIDA 34112 TELEPHONE NO. (941) 774-8468 FAX NO. (841) 732-2525 Au~-23-O! o; 02: 48P ST PR Z VATE: i~IN~ 941 598 0365 FAX TRANSMITTAL COVIg~ SI-mET PRIVATI~ BANKING DIVISION FAX: (g~) S9~03~ ~ and C~urter Address: SunTrust Bank, Southwest Florida S01 Laurel Oak Drive Naples, FL'34108 To: Mark F. Rhein Dnlc Millich Charles Ai~no Ioanne Newton (941) $9~03~0 (g41) 598-0361 (941) 5gS-0565 (941) 59~-0335 Number ofpagcs (includia8 Cover Sh~t): The information contained in this facsimile transmission ts intended only for the u~ of the individual or emity named and amy oontain information that is privileged or coufidmtiat, lfthc rcader ofthis messqe is not the intended recipient or the employee or agent retponsible ~ deliver it to thc intended recipient, you arc lm-cby notificd that any dissemination, distribution or copying of this communication is strictly prohibited. Receipt by anyonc other than tim intended recipient is · . ' ap ~) 598-033:5 iamRxiiatd. W, apprtxnltc your netWning the ori~iml transmissi ,,. At ,k..S... -- _.,_, ....... Y · wo~Id YOU' HAVE ANY PROBLEMS ~O THIS MESSAGE, PLEASE CALL: (g~41) 598,-0330 NO .... '-7/-:, . / Aug-~)-O! 02:48P ST' PNIVA?[ BANKING )4! 598 03~5 P.02 MA]U( F. RI~IN 7522 C~k~b~ Cim~ Vice Pr~i~; ~g M~¢r or.yam Bsnki.~ So~w=~ FIo~ T~n~ y~ r~nsiMe ~1~, mh~ip ~~nt ~d ~r~ip e~nco ~ Ret~L ~vme Banking ~d o~m~n8 ~nvimn~. ~ul~ o~ent~ I~ ~yer wi~ di~i ~x~r~ ~ su~ess~lly m~ing muliip~ m~il ~king c~m~, Pri~ Banking ~, ~g~al T~ o~ ~ busings ~lo~nr o~. Proven abil~ m cata~ze o~g ~ ~ initi~ m ~m mc~d ~vels of~hicv~. PROFE.~IONAL EXPERIENCE Senior Vice President and ManaBer of'Private Blinking Southwest Florid~ fOrmer Comm,niey Blmk|ng Mann&er-Collier County, SunTrust Blink Southwe~ Florida. October 199~ to Presenl Established Private 8~nking Diviaion in 19g6 for Collier and Lee Cmm~. Dc~l~ ~ of Private Banking business developmem officers, restructured six branclms and established two new branches. Heightened performance expectations and exlended product line thai resulled in recot'd levels of production. Co-developed plan in 1997 to diffe~eNiate service offer to ~lient~ ot'Priwle Ba~king by employing use o£$eries 6 and 63 licenses. Standardized model implemented by SenTrus~ in January 2000 redirected focus to Relail Private Banking. Fi~s~ Union National BanL Metal1 19g0 to O~tober 1996. ~' Vice Presidem a~d Petmnel Tru~ Area Managet-Somhwest Flo~la from Nove~nber1994 ~o October 19q6. Responsible for Personal Trust omccs in Bradentee, S~a.so~ and Ft Mye~ while directly managing :he Tru~ off'~,e in Naples. Assisted in reviewing core operations o~' Fim'ida Trust Offices which ~esuleed in "re-engineering" entire Fto~ida operation. ;~ Regional T~ust Officer of'Naples office ~une 199'2 to October 1996. Recoed o(sm:r~ss in ~Jes and management aa Re1~imml Tms~ Of~cer ia Naples msule~l in beln~ pmmoled to Area MamBO' 8ocie~y N~ional Bank, June 1984 to M~reh ]gq0. Clevc]~d Trust Company, Augus! t978 to June 198A. Achievements at Clevebmd Trusl In Bank Investment and Retail Marke~ia$ Divisions resulted in being hired az Society Natimml Bank. Experienced inc:eesinBiy responsible sales and marke~ng poaitioe$ al Society National Bank, sta~ing in I~e Eleclronic Banking Division ~d ending in the Trust Inveslmenl Division. COMMUNITY INVOLVI~M~NT Boned member el'the United Way of Collier Counly. Collier County Campaign Chalrmam rot 2001. 1999 and 2000 Collier County Unked Way Financial Services Campaign Chairman. 1999 United W~y Campaign Chairman for SunTrust Southwest Florida. Board member of H&bi~t for Humanity, Collier County. Eider at First Presbyterian Chu~h. Chairman of ! 999 Stewardship Cnmpaign and former Finan~ Committee. I:'. 03 Former bom~l member of'lite Collier County Education Found~rio.. Tezm cxoired in 2001, Continuing Co,.Clmir ot'Cl~ssroom Granl Commi~gc. Form~ membcr ot'CoUicr A~hlglic Club Advisory Board. EDUCATION Awarded Certified Fimmcial Planner desilina6~n in November 1999. Enrolled in Maslms of Firmnoial Plap-ninB pfogrmn Uwoullh (he Coll,~e ~r Financi~J P~nni.g. National Oradu~e Trust School, ! ~: Gra4,,_m~__d w;~ Honors. National Tru,~ .%cl~ool, J 992. MBA Cicv¢land Some University, 19~2. Emphas. in Inlcmmiomd Fimmce. BA History. Kenyon Collelie. 197S. Junior and Senim }~onors i~ H~$tory. Antic Dis~i.ction. Sories 7. 63 ami 65 licem~l. AGENDA, ITF. M pg. "-~/ Sep 19 O[ [1:39a ~ental Health Rssociation (941)2G~-~93! Mental Health Association 2335 Ninth Street North, Suite 404 Naples, FL 34103 Phone: 261-5405 Fax: 261-2931 Fax To: Fax~ Re: . ._ CC: [] Urgent [] For Review [] Please Comment Pages: [] Please Reply [] Please RecycJe / Are ~m a regbems~ed veto* JJ Cdkr ~ Yes lr so, wJmmd; b Ihmm; effkn? b yom m n em. Imm ~mm mu. tm. md, a m Odlmmr comm~ bard or mmmlta~ Ym If ~um, pbmm IM thru mmm~mmmmmdm: ./ NO. ~ Sep 1~ O1 11:~0a Men~al Health 8ssocia~ion (941)~61-~3i Sep 19 01 ll:~la Mental Health 8ssociation (9~1)261-~831 p.4 GPA 4.0 CONTINUING EDUCATION/CY, RTWICATIO N STD Part-Fur~ lmerm~ ~ CDC US ~ og Hmllh and Fatman Servic~ T~Ja, FL 1985 1997 1996 1991 COMMYFI~ Memb~'. Childr~'s ~ai tts~th & Subsa:~z Aba~ Council ~, XdI, T/TRZ4D Coalit~m Board M~t~r, Mental tt,dth ~mci~i~ of Florida 2001 2001 2001 1999 Honor S~cim'y HONOi~ Fl~b O~f~ University, Divisim ofPub[ic .4~.~-~nti~ 1999 1996 1996 LANGUAG~ Sap 19 O1 [l:41a Hanta! Health Rssociation (941)2G1-2931 Donna Fi,aa O~trict 1 James D. Carter, Ph.D. Oiab~, 2 Tom Hennlq District 3 Pamela S. Mac'Kie District 4 Dist~cl 5 3301 East Tamiami Trail · Naples, Flortda 34112.4977 (941) 774-8~7 · Fax (941) TI4-36(~ August 16, 2001 Ms. Petra Jones Executive Director TheCollier County Mental Health Association 1335 9th St. North Naples, FL 34103 RE: Health & Human Services Advisory Committee Dem' Ms. Jones: We are in the process of developing a new Advisory Committee for Health & Human Services and are in thc process of approaching the different organizations to fulfill thc demands of Ordin~ce No. 200140 to establish an ad-ho~ advisory committee to assist Collier County staff in developing a comprehensive health and human services plan. In this ordinance, the Board of County Commissioners found that members from professions or occupations listed in the aforementioned ordinance are determined necessary to assist in thc development of this comprehensive health and human services plan and are permitted or required by this Ordinan~. I personally invite you to participate as a member of the Health & Human Services Advisory Committee. 1 am enclosing a copy of Ordinance No. 2001-40 for your review, along with an application for Advisory Committees/Boards. It is my hope that you will apply. The only requirements are that you must be a registered voter in Collier County and have or obtain a Florida Driver's License to apply. Please carefully consider returning your application to me, along with a copy of your resume. I'd like to have these back in my office no later than August 27~ in order to get this item placed on the BCC agenda of September 11m. If you need to fax it to my office, my fax number is (941) 774-3602. Se~ I$ O! ll:~a Hental Health Rssoc~at~on [9~1]2SI-~31 p.~ Page 2 August 16, 2001 Ms. Pclxa Jones I sincerely hope that you will seriously carefully consider making application to sit on this board, as it is my feeling that you will make an excellent candidate and arc sorely needed. I look for,~ard to hearing back from you very soon. Meanwhile, if you have any questions, pleas~ give my secretary a call, as I will be away from the office on County business until August 27~. Thank you sincerely for your consideration. Collier County necd~ your expertise. JC: nkr Sincerely, Enclosure: Ordinance No. 2001-40 Application for Advisory Committees/Boards CC: Ms. Sue Filson, Administrative Assistant to the BCC Mr. Leo Ochz, Jr., Public Services Administrator JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS Collier Government Complex 3301 Tamiami Trail East, Building B Rev. Dr. Martin Luther King Jr. Building Naples, Florida 34112-4907 Telephone: 941/774-8450 Fax: 941/774-9468 MEMO To: Sue Filson Board of County Commissioners Date: 10-9-01 From: Pat Pochopin ~)~ Supervisor of Elections Enclosed please find information on the Canvassing Board Workshop to be held February 28, 2002. The Elections office will pay the registration of $40.00 per person. With the Election Reform Act of 2001 being implemented in 2002 it is strongly suggested that two members of the Board of County Commissioners attend. One as the Canvassing Board member and one as an alternate. I will make the workshop r~servations in the office name, but please advise me of who will be attending as soon as possible. FSASE Canvassing Board Workshop F. S.A. S t Thursday, February 28, 2002 · · Orange County Convention Center Fleri~le State ,4~seeietiee Lecture Hall (Room 300) of Sul~erVisors e~ Elections 9 AM to 4 PM September 18, 2001 Dear Canvassing Board Member- The Florida State Association of Supervisors of Elections has put together a Canvassing Board Workshop to be held on Thursday, February 28, 2002, at the Orange County Convention Center in Orlando from 9 a.m. until 4 p.m. The workshop is for Election Supervisors, County Judges, County Commissioners, and Canvassing Board Attorneys. This workshop wilt highlight the important role that each member of the canvassing board plays in the election process, and how the sweeping changes brought about by The Election Reform Act of 2001 will impact next year's Gubernatorial election. The registration fee of $40 covers the daylong workshop, lunch, and the Canvassing Board Manual that you will be given that morning. A tentative agenda is enclosed. We are requesting continuing education credit for this workshop for election supervisors, attorneys, and judges; and we fully expect to have those hours approved. Space is limited for this workshop so please send in your registration as soon as possible. Sincerely, Terry Vaughan Bradford County Supervisor of Elections Chair, FSASE Canvassing Board Committee AGENDA ITEM C3T 2 3 2331 Pg. FSASE Canvassing Board Workshop Thursday, February 28, 2002 I FoSoA. S.E. Orange County Convention Center Flori~ State/l~$eci~tion Lecture Hall (Room 300) of Supervisors of Elections 9 AM to 4 PM Registration Form Name as it should appear on name tag: First Name Last Name [--] Supervisor of Elections ~ County Commissioner County: ~ County Judge {---] Attorney Bar No. Bar No. Address City Zip Code Telephone Number Fax Number Email Address Are you a first time Canvassing Board Member? ~-] Yes ~] No Mode of transportation: ~ Plane ~ Car Topics Being Discussed: Florida Election Reform Act of 2001 Recount Procedures State Write-In Ballot (New) How to Respond to Litigation Provisional Ballots (New) Canvassing Board Organization Overseas/Military Ballots Workshop fee is $40.00. Please make all checks payable to FSASE and mail to: Orange County Supervisor of Elections PO Box 562001 Orlando, FL 32856-2001 Registration Deadline - February 1, 2002 For more information, contact Mary Cruz at the Orange Cu~,,;..v__ -~GFJ'~A ITEM Supervisor of Elections Office 407-836-2070 ext. 177 or E m~lo~.[ C/' ~- mary@ocfelections.com ' ' Pg. ,~ FSASE CANVASSING BOARD WORKSHOP FEBRUARY 28, 2002 FACT SFIEET FSASE Canvassing Board Workshop Thursday, February 28, 2002 9 A.M.- 4 P.M. Orange County Convention Center 9800 International Drive Orlando, FL 32819 Lecture Hall - Room 300 Supervisors of Elections, County Judges, County Commissioners and Canvassing Board Attorneys $40.00 per person made payable to: FSASE and mailed to Bill Cowles, Orange County Supervisor of Elections, PO Box 562001, Orlando FL 32856. Deadline for registering is February 1, 2002 $7.00 per car for parking. Not included in registration fee, pay on site. ED UCATIONAL CREDITS: Have been requested for Supervisors of Elections, County Judges and Attorneys HOTEL ACCOMODATIONS: AmeriSuites Orlando - $89.00 - Gov't rate - Breakfast included 8741 International Dr Orlando, FL 32819 407-3704720 800- 787-0353 Rosen Centre Hotel (adjacent to convention center) - $107.00 - Gov't rate 9840 International Dr Orlando, FL 32819 407-996-9840 800-800-9840 Rosen Plaza Hotel (next door to convention center) - $152.00 - Govt't rate 9700 International Dr Orlando, FL 32819 407-996-1713 800-366-9700 : :re is a possibility the rates will go up next year. Taxes and fees have not been im Also availability is not guaranteed. We have not requested a block of rooms be held~ c/F 8:00 AM 9:00 AM 9:10 AM 9:20 AM 9:30 AM 10:00 AM 10:10 AM 10:20 AM 10:30 AM 10:45 AM i1:00 AM FSASE CANVASSING BOARD WORKSHOP T~DAY, FEBRUARY 28, 2002 ORANGE COUNTY CONVENTION CENTER LECTURE HALL (ROOM 300) 9 A.M. TO 4 P.M. Registration Desk Open Canvassing Board Manuals with agenda Name Tag Mary Cruz Liz Fishman Continental Breakfast Call to Order & Welcome Pledge of Allegiance Donna Bryant FSASE President CANVASSING BOARD WORI~D Program Introduction Purpose & Goal of Workshop Review of Canvassing Board Manuals Terry Vaughan Chair, Canvass Board Florida Election Reform Act of 2001 SB 1118 in manual Voting system update Kurt Browning Legislative Chair State Write-In Ballot (NEW! !) Peggy Rae Border SoE, Flagler County Provisional Ballots Beverly Hill SoE, Alachua County Overseas/Military Ballots Pat Hollarn SoE, Okaloosa Co. Morning Break Special Guest Speaker Introduction by Theresa LePom, SoE Palm Beach County Speaker: Circuit Judge Charles E. Burton, 2000 Palm Beach Canvassing Board Chair Recount Procedures Judge Fred Lauten Orange County Circuit "-'~-- 11:30 AM Morning Question & Answer Session Terry Vaughan, et al NOON 1:30 PM 2:00 PM Luncheon in Room 304 Invocation Lunch Lana Morgan SoE, Lafayette Co. Feature speaker Judge Terry Lewis Circuit Judge, Second Judicial Circuit of Florida Tallahassee, Florida (Introduction of Speaker Terry Vaughan) Question and Answer, time permitting How to respond to Litigation Theresa LePore SoE, Palm Beach Co. Denise Dytrych Palm Beach County Attorney Ron Labasky FSASE General Counsel The County Commissioner's Role Karen Krauss SoE, Sumter Co. Karen Marcus President, Florida Association of Counties 2:15 PM Canvassing Board Organization-'°I'ime to Get to Work" Bill Cowles SoE, Orange Co. 3:00 PM 4:00 PM Afternoon Question and Answer Session Adjourn Terry Vaughan, et al AGENDA ITEM c2F FSASE Canvassing Board Workshop February 28, 2002 Orange County Convention Center 9800 International Drive Orlando, Florida 32819 FSASE Host Committee Contact: Bill Cowles, Orange County Supervisor of Elections 119 W Kaley Street Orlando, Florida 32806 Phone: 407-836-2070 Daytona COLONIAL DR RO EAST-WEST KALEY ST Convention Center. BEELINE EX BEELINE EX INTER; ~)NAL DR Orlando International Airport o~ o CENTRAL FLORIDA GREENE Kissimmee (Driving directions attached) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I DRIVING DIRECTIONS From TAMPA FLORIDA (SOUTHWEST) 1 Hour 15 Minutes 1. Take Interstate 4 east to the Beeline Expressway (exit 28) 2. East on Beeline Expressway to exit 1 (International Drive) 3. Go North (Right) approximately one mile to Convention Center From MIAMI FLORIDA (SOUTHEAST) 3-4 Hours VIA INTERSTATE 95 1. Take Interstate 95 North to the Beeline Expressway (SR 528) 2. Go west on Beeline Expressway to exit 1 (International Drive) 3. Go North (Right) approximately one mile to Convention Center VIA FLORIDA'S TURNPIKE !. Take Turnpike North to Interstate 4 West 2. Go west on Interstate 4 to Beeline Expressway (SR528) 3. Go North (Right) approximately one mile to Convention Center From DAYTONA BEACH, FLORIDA (NORTHEAST) 1 Hour 1. Take Interstate 4 West to the Beeline Expressway (SR 528) 2. Go East on Beeline Expressway to exit 1 (International Drive) 3. Go North (Right) approximately one mile to Convention Center From GAINESVlLLE, FLORIDA (NORTHWEST) 2 Hours ].. Take Interstate 75 South to Florida's Turnpike 2. Go south on Florida's Turnpike to Interstate 4 West 3. Go West on Interstate 4 to Beeline Expressway (SR 528) 4. Go East on Beeline Expressway to exit 1 (International Drive) 5. Go North (Right) approximately one mile to Convention Center From ORLANDO INTERNATIONAL AIRPORT (EAST) 25 Minutes ].. Go West on Beeline Expressway (SR 528) to exit 1 (International Drive) 2. Go North (Right) approximately one mile to Convention Center PARKING INFORMATION THE MAIN PARKING LOT IS LOCATED ADJACENT TO THE FACILITY AND CAN BE ACCESSED BY EITHER OF TWO PARKING BOOTHS LOCATED AT THE EAST AND WEST ENTRANCES OFF INTERNATIONAL DRIVE. A $7.00 DAILY PARKING FEE WILL APPLY TO PASSENGER VECHICLES AND A ," PARKING FEE WILL APPLY TO OVERSIZED VEHICLES. ~10.00 DAILY AGEND~ ITEM pg. '~' _ EXECUTIVE SUMMARY PRESENTATION OF CAPITAL PROJECT TRACKING MODEL FOR COUNTY PROJECTS OBJECTIVE: To give the Board of County Commissioners insight into the work product that will be used to track the construction and financial status of approximately $400 million in county- wide capital projects that are in progress. CONSIDERATION: The County Manager has recognized the need for an enhancement in the administration of capital projects being managed by county staff. Progress on the over 400 county-wide projects (valued at approximately $400 Million) has been reported in a variety of methods by different divisions. There is a need to present capital project status in a consistent, comprehensive manner across the County Manager's responsibility area. This will facilitate the targeted audience's ability to go to one location to determine construction and financial status of individual projects. Other available information includes a written description of the project as well as a visual description in the form of a photo or a map. In July, 2001, the County Manager commissioned a team to develop a working model that will track the status (both construction and financial) of the county-wide capital projects that are being managed by county staff. By the end of September, 2001, the team had designed and constructed a working model that has been populated with data by county staff for the active capital projects. Currently, the model depicts fiscal year 2001 year to date information. It also describes new capital projects that are budgeted for fiscal year 2002. The intent is that the financial data will be refreshed from the financial management system on a monthly basis; expenditure forecasts, project descriptions and status updates will be completed on a quarterly basis. FISCAL IMPACT: There is no fiscal impact associated with the county-wide Capital Project Tracking system. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact with this item. RECOMMENDATION: That the Board of County Commissioners review the attached summary of the scope of the Capital Project Tracking system. A more descriptive presentation will be provided at the 10-23-01 Board meeting. T~homas G. Wides Operations Director, Public Utilities APPROVED BY:"~ff.~ b?~ ~'~''b/' 27/~ Date: James V. Mudd, P.E. Public Utilities Administrator ~o. /~ ~ OCT 2 3 2001 Ho.,/Z) ,. OCT ~ 3 2001 PGo ~ >" E 0 0 c- 0 ~ t-' · ~ ~ 0 oF:0 '"- '~ ~o../0 ~ OCT 2 3 200i PG. U Illlq UIm -~0 04~ U ~U ,-~ > 0 U Im >0 c/'jm AG~NOA/.~ TEH .o./0 (~' OCT 2 3 2001 Pi;, ,~'"' UJ i~ 0 ~J OCT 2 3 2001 0 0 0 al OCT 2 3 2001 ~U A~#OA IT£~ ~o. /~ A OCT 2 3 2001 CAPITAL PROJECT DESCRIPTION 80532.DOC Proiect Title, Number and Fundine Source: Development Services Addition and Parking Garage: ! 13-xxxxxx-80532 Commissioner District Number(s): 4 Concise Proiect Description: 22,100 Square Foot addition to the Development Services Building with a 287 space detached parking garage capable of adding an additional 100 spaces at a later date. County Proiect Manaeer: Jack Crognale Original Proiect Start Date: 1/3/01 Original Target Completion Date: 9/20/05 Current Scheduled Completion Date: 9/20/05 Description of Proiect Status (include significant milestone dates, barriers to completion date and other pertinent status)~ Design. Location (Insert Map or pictorial view of oroiect): no./,o f~ OCT 2 3 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A ONE WEEK FUND RAISING PROGRAM DURING THE WEEK BEGINNING WITH VETERAN'S DAY (NOVEMBER 12, 2001) THROUGHOUT ALL MAJOR COUNTY GOVERNMENT FACILITIES TO GENERATE DONATIONS FOR THE AMERICAN RED CROSS IN SUPPORT OF SEPTEMBER 11TM RELIEF. OBJECTIVE: To provide a timely and easy opportunity for the general public to contribute to this worthy cause using the County Government as a conduit. CONSIDERATIONS: employees of the Collier Area Transit System suggested that the County select the Veteran's Day holiday as an appropriate time to use the CAT system to raise funds for the victims of and relief efforts supporting the September 11th tragedy. The idea was stretched to include not only the CAT system but also all County locations as an appropriate, and convenient means to raise funds for this worthwhile cause. For the week of November 12th thru the 19th donation boxes decorated by the individual departments will be placed in all public lobby areas. The funds will be collected and accounted for by the Office of Management and. Budget before being forwarded on to the American Red Cross. 100% of the funds collected will be forwarded to the American Red Cross. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action FISCAL IMPACT: The cost of creating the donation boxes and collecting and accounting for the funding is nominal in nature and can be absorbed within existing operating budgets. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONER authorize the staff to conduct a fund raising effort in conjunction with Veteran's Day, the week of November 12 - 19 for the American Red Cross relief efforts in response to the September 11th tragedy. Prepared by;.--' ~_ _~ ~_~ ,.'-~'~-'~~ Thomas W. Olliff, Count~[~l~ag-~r i ocrza oo J EXECUTIVE SUMMARY A RESOLUTION REALTING TO THE COUNTY INCENTIVE GRANT PROGRAM (ClGP), SECTION 339.2817 OF THE FLORIDA STATUTES OBJECTIVE: To pass a resolution relating to the County Incentive Grant Program. CONSIDERATIONS: The Florida Legislature established the County Incentive Grant Program to provide matching funds for local government projects that directly or indirectly increase the capacity of the Florida Intrastate Highway System or the State Highway System which were to be provided by the state under the surplus General Revenue in State Fiscal Years 2000-2001, 2001- 2002 and 2002-2003. Collier County's Livingston Road from Immokalee Road to the Lee County Line, Phase IV project, was submitted, reviewed and competively selected based upon its improvement to the Florida State Intrastate Highway System and the State Highway System and awarded a grant in the amount of $3,659,250. After being awarded this grant for FY 2002-2003, the State now finds that its General Revenue fund is reduced and in response has chosen not to submit the selected County Incentive Grant Program projects to the Florida Legislature as part of the Governor's budget request. FISCAL IMPACT: The County Incentive Grant awarded to Collier County in the amount of $3,659,250, has been rescinded, thereby causing loss of funds appropriated to the Livingston Road, Phase IV project. GROWTH MANAGEMENT IMPACT: Loss of the grant revenues negatively effects the maintenance of the adopted Level-of-Service on the roads identified in the Capital Improvement Program by delaying projects that would otherwise be funded by the lost grant revenue. RECOMMENDATION: That the Board of County Commissioners pass a Resolution relating to the County Incentive Grant Program, Section 339.2817 of the Florida Statutes and authorization for the Chairman to send the Resolution to the Southwest Florida Regional Planning Council, Florida Association of Counties, the legislative delegation and other appropriate entities, as well as inclusion in the county's legislative delegation presentation. Prepared by: ~'z~'~'"2' )/~ '~ ~ ' '-~ o~ n P ann,n Date: /~ '-/-~-~/ Da~,n R. Wolfe, D~ctor, T a~ ' ' g Depaament Approved by: ~/~4~~~. , Date: /'c)-,~-~'C' Nor~ E. F~aer,' Transpo~ation Se~ices Administrator / A G~-..~DA~T E M No. !'© OCT 2 3 2001 FL ST s 339.2817 Page I of 2 West's F.S.A. § 339.2817 WEST'S FLORIDA STATUTES ANNOTATED TITLE XXVI. PUBLIC TRANSPORTATION CHAPTER 339. TRANSPORTATION FINANCE AND PLANNING Copr. © West Group 2001. All rights reserved. Current through End of 2000 2nd Reg. Sess. 339.2817. County Incentive Grant Program ( 1 ) There is created within the Department of Transportation a County Incentive Grant Program for the purpose of providing grants to counties, to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System. (2) To be eligible for consideration, projects must be consistent, to the maximum extent feasible, with local metropolitan planning organization plans and local government comprehensive plans. (3) The department must consider, but is not limited to, the following criteria for evaluation of projects for County Incentive Grant Program assistance: (a) The extent to which the project will encourage, enhance, or create economic benefits; (b) The likelihood that assistance would enable the project to proceed at an earlier date than the project could otherwise proceed; (c) The extent to which assistance would foster innovative public-private partnerships and attract private debt or equity investment; (d) The extent to which the project uses new technologies, including intelligent transportation systems, which enhance the efficiency of the project; (e) The extent to which the project helps to maintain or protect the environment; and (f) The extent to which the project includes transportation benefits for improving intermodalism and safety. (4) The percentage of matching funds provided from the County Incentive Grant Program to the eligible county will be based on the following: (a)For projects on the Florida Intrastate Highway System the department shall provide 60 percent of project costs. (b)For projects on the State Highway System the department shall provide 50 percent of project costs. (c)For local projects which are demonstrated to relieve traffic congestion on the State Highway System the department shall provide 35 percent of project costs. (5)The department is authorized to adopt rules to administer the County Incentive Grant Program. (6)A municipality may apply to the county in which the municipality is located for consideration by the county for funding under this section of any project or project phase of a transportation facility which is located on the State Highway System or which is demonstrated to relieve congestion on the State Highway System. The county must evaluate all municipal applications as provided in subsection (3). If a municipality's proposed project is rejected by the county for funding under this section, or if the county's proposed project adversely affects a municipality within the county, the municipality may request mediation to resolve any concerns of the municipality and the county. CREDIT(S) ['~~'i 2001 Electronic Update I IJU [ ~ ~ 2'~0] .../default.wl&RS=WLW2.69&VR=2.0&SV=FulI&FN=_top&MT=Westlaw&CFID=0&Cite 10/17/200 FL ST s 339.2817 Page 2 of 2 Added by Laws 2000, c. 2000-257, § 20, eff. June 9, 2000. <General Materials (GM_M_) - References, Annotations, or Tables> HISTORICAL AND STATUTORY NOTES 2001 Electronic Update Laws 2000, c. 2000-257, § 22, provides: "Notwithstanding any other law to the contrary the requirements of sections 206.46(3) and 206.606(2), Florida Statutes, shall not apply to any funding, programs, or other provisions contained in this act." West's F. S. A. § 339.2817 FL ST § 339.2817 END OF DOCUMENT Copr. (C) West 2om No Claim to Orig. U.S. Govt. Works .../default. wI&RS=WLW2.69&VR=2.0&S V=Full&FN=_top&MT=Westlaw&CFiD=0&Cite 10/17/2001 DRAFT October 23, 2001 Mr. Wayne E. Daltry, Executive Director Southwest Florida Regional Planning Council 4980 Bayline Drive, 4th Floor Ft. Myers, Florida 33918-3455 RE: Collier County Resolution Relating to County Incentive Grant Program (CIGP) Dear Mr. Daltry: As expressed during the joint Lee and Collier County Board of County Commissioners meeting on October 15, 2001, Collier County has grave concerns regarding the rescinding of the FY 2002-2003 CIG? grant awards which included Phase IV of the Livingston Road project. All grants statewide and more specifically to Southwest Florida, were integral components to meet the transportation needs of our residents, businesses and visitors. Collier County has adopted a Resolution relating to the means by which the FY 2002-2003 grants could be reinstated, as well as bring more local gas tax revenues back to the local jurisdictions from which they were collected. We ask that the Southwest Florida Regional Planning Council share Collier County's position with the other member jurisdictions of Southwest Florida and request that the SWFRPC also take a similar position. We appreciate the support of the council as we work together to exceed the expectations of Southwest Florida's residents and visitors. Sincerely. James D. Carter, PhD Chairman Collier County Board of County Commissioners Enclosure Cc; Collier County Board of County Commissioners Thomas W. Oliff, County Manager David Weigel, County Attorney Norman E. Feder, Transportation Services Administrator -,~GENDA ITEM OCT 2.3 LZ0)01 EXECUTIVE SUMMARY, REQUEST THE BOARD ACCEPT A DONATION OF AMERICAN FLAG BANNERS FOR THE US 41 EAST STREET LIGHT POLES AND AUTHORIZE THE INSTALLATION. OBJECTIVE: To acknowledge the donation of decorative American flag banners and to receive direction for the installation thereof. CONSIDERATIONS: McGee and Associates, Inc., (MA) Landscape Architects, has donated a set of American flag banners to Collier County for use on the new street light poles along US 41 East from Davis Boulevard to Airport Road. These banners are designed to fit the existing banner holders that are a feature of the poles. MA is one of the landscape architectural finns under contract to Collier County (Annual Contract 00-3131, dated April 24, 2001). The firm's principal, Michael McGee, ASLA, provided the donation of the flag banners as a token of remembrance and respect for the recent tragic events in New York City, Washington, D.C. and Pennsylvania. Staff requests the Board accept the donation and authorize the installation of the American flag banners. FISCAL IMPACT: There is no fiscal impact. The cost of labor and equipment to install the banners is currently budgeted in the MSTD General Fund (111) for Landscape Maintenance Operations. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board accepts the don~ion of the American flag banners and authorizes Landscape Operations staff to ins)tall same./" SUBMITTED BY DATEJ~ Edward J. Kan s~rtation Operations Director / / REVIEWED BY: David Weigel, County Attorney DATE: DATE: /? ~__..'-7--~2~ j ........ AGEN M i 0CT 2 3 2001 EXECUTIVE SUMMARY AUTHORIZATION TO PURCHASE TITF~ LAST RF_,MAI~I~G OUT-PARCEL OWNED BY RICICY STAUFFER IN BAREFOOT BEACH PRESERVE. OBJECTIVE: To authorize and approve the purchase of a 1.69 acre privately owned out-parcel located within the Barefoot Beach Preserve for $4.75 million. CONSIDERATIONS: As the Board will recall, in May of this year I reported the status of my meeting with Ms. Ricky Stauffer and Mr. Paul Harvey with regard to their interests in the property referenced above. A copy of my memorandum to the County Manager smllmari~g the outcome of my meeting with these parties is aitachm~t "A." In response to the Board direction that~ the property be appraised under the conditions described in that memo, Staff obtained an appraisal which utilized ten comparable unimproved properties located in Lee and Collier Counties that established the fair market value of this parcel at approximately $3.41 million, recognizing values varying from $999,000 to $6,156,000 for sales 'which closed between December, 2000 and May, 2001. You will recall that I had previously advised you that Ms. Stauffer was unwilling to sell the property during her lifetime at any price. As indicated by her attorney's letter dated October 9, 2001 (attachment "B"), however, I gratefully report that she has changed her mind. Further, despite her asking price of $5.5 million, Ms. Stauffer has agreed to sell the property to the County at a price of $4.75 million. Attachment "C' is a letter fi'om Ms. Stauffer's attorney which provides further information relevant to the valuation of this property. As your review will indicate, smaller improved lots in Lely Barefoot Beach sold in the last 18 months for an average sales price per acre of $8.6 million, indicating an extrapolated value of $14.5 million for the subject property. While this number is not comparable for many reasons, the value at which similar lots are assessed for ad valorem taxes averages $4.6 million per acre,' indicating an acreage value of $7.7 million for the subject property. While this is not the taxable value of the subject property, it is useful infommtion for your review. The valuation of this unique property is difficult. While staff does not necessarily agree that the correct unit.of comparison reeo_oni~ed by the market in this instance is a per acre price, the proposed purchase price of $4.75 million does fall within the range of sales considered by the County's own appraiser as comparable. The loeational characteristics of this property make this property unique and the det~mlnafi'on of its fair market value difficult. The county's appraiser concluded, based on his professional judgm~ tnt, that the property was both benefited and negatively affected by its location within thc preserve. This factor and the quality of access to the property resulted in his ultimate conclusion that the property's value falls within the middle of thc value range of his comparable sales. Moreover, thc county appraisal makes no adjustment for thc size of thc comparable sales, which vary from a .29 acre parcel (Gordon Drive) to a 2.27 acre parcel (Kccwaydin). It's uncertain whether another appraiser might consider an adjustment for size to be appropriate in valuing this property or conclude that the subject is more comparable to those sales in Lely Barefoot Beach, as argued by thc property owner · Terms of the proposed purchase would include standard provisions relating to the closing of the sale with a closing deadline of sixty (60) days. In aa effort to promote a negotiated purchase of this property as a means to resolve the dispute surrounding the development of this property, the property owner and lessee have agreed to dismiss the lawsuit filed for $10 million against the County on a number of claims and against Mafia Ramsey for tortuous interference. They will retain the fight to refile the action in the event the Board rejects this sale offer. The agreement will provide that upon closing of the sale, the suit against Marla Ramsey will be dismissed with prejudice. In addition, the property owner and lessee will release the County and Marla Ramsey from any and all claims arising out of this matter. Should the litigation be refiled, or in the event that the County sought to obtain the property by eminent domain, the county could incur the substantial risks of litigation, including the possibility of paying the owner's costs of litigation and attorney's fees calculated to include an amount up to 1/3 of the difference between the County's assertion of value and the final determination of the value of the property, in addition to the County's own costs of litigation. FISCAL IMPACT: The initial fiscal impact is $4.75 million for the purchase price and approximately $15,000 in closing costs. Sixty percent or $2,850,000 of this initial purchase price may be reimbursed by matching grant funds from the FCT, leaving a potential fiscal impact of approximately $1.9 million. Initial source of acquisition funds would come from a commercial paper loan. Debt service payments would come from General Fund reserves. Estimated FY 02 debt service is approximately $478,500 assuming a $4.75 million loan. Pursuant to the Board's previous direction, staff has prepared and submitted an application for matching grant funds from the Florida Communities Trust (FCT). This application will be scored along with all other applicants within the next three weeks. All applications' scores and ultimate ranking among all other applicants will be published in early November. A final approval based on staff's scoring will be made by the governing board in late November. Although the process is not final, it is fair to say that many State agency personnel are familiar with the parcel and supportive of its acquisition. If the County is eligible for these grant funds, the FCT will contribute 60% of the total acquisition cost based on the fair market value of the property. The County will be required to obtain a second appraisal. Potential receipt of grant funds would be used to reduce the commercial paper debt, leaving aa estimated FY 02 debt service of approximately $193,500, assuming a $1.9 million loan. In the event the County is not awarded the grant funds in the current year, the County could re-apply and continue to seek reimbursement. GROWTH MANAGEMENT IMPACT: Promotes the conservation of sensitive lands and is consistent with the County's growth management plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the purchase of this property for the sum of $4.75 million; Authorize the Chairman to execute the proposed purchase agreement; 2 J OCT 2 3 200I ! o Authorize staff to take all necessary steps to close the transaction in accordance with the terms of the purchase agreement, including, but not limited to, payment of cost of title policy, payment of recording fees, and recording all documents necessary to effectuate the transfer of good and marketable title. SUBMITrED BY: Commissioner Pamela S. Mac'Kie, Vice Chairman Date: REVIEWED BY: REVIEWED BY: Ellen T. Chadwell Assistant County Attorney Leo Oehs, Jr. - Assistant County M~ Date: Date: 3 Attachment A Memo To: Tom Oiliff, County Manager From: Pam Mac'Kie, County Commissioner Date: May 25, 2001 It was my privilege to meet with Ricky Stouffer and Paul Harvey on Thursday, May 24, 2001, at Cocohatchee River Park. Over time at that meeting, the following terms were agreed to as a possibility for Collier County to obtain ownership and control of the remaining parcel of privately held land within the Barefoot Beach Preserve. The terms discussed are generally as follows: 1. The parties will obtain a current appraisal of the land with the following assumptions: The property will be valued for this purpose as a single family home site. Although the property owner asserts a right to have the property appraised as a private club, she agrees to this appraisal for the purpose described in paragraph 5 below. b. The property will be valued for this purpose with the assumption that it has a legal, unobstructed easement for access. The County may assert a claim that this access is limited, but that assertion will be waived for the purpose of this appraisal. 2. The parties will obtain a current appraisal of the value of the 40 year land lease, and an accounting of expenditures made by the leaseholder to date. a. The leaseholder has offered to sell his interest in the lease at $2 million. He has agreed to produce offers to purchase same for amounts in excess of that number and to cooperate in having the leasehold interest appraised. b. The leaseholder has expended significant sums (approximately $300,000) subsequent to the County's vote of interest in participation in his development and asserts a right to these funds in a potential lawsuit for damages against the County. 3. Collier County, or its designee, would offer to purchase the leasehold interest in the property for $2 million, subject to the appraisal and other information acquired in paragraph 2 above. The remaining term of the lease is the lesser of approximately 38 years or the life of the land owner. OCT X 3 2001 4. Collier County, or its designee, would enter into a leasehold agreement with the owner for the sum or $5,000 per month for the remaining term of the existing lease. The owner reserves the right to be paid in the present value of this sum in lieu of monthly payments. 5. The property owner and leaseholder would join in an agreement offering Collier County, or its designee, the right to purchase the property upon expiration of the lease for a purchase price equal to the appraisal described in paragraph 1 above (current fair market value as a single family home), plus an appropriate inflation index. 6. All parties would join in recording a conservation easement preserving the property in perpetuity, preventing the construction of any structure other than a boardwalk or other similar amenity for public access only. B. Reasons why this is a good deal for Collier County: 1. Ms. Stauffer has made it abundantly, perfectly, absolutely clear to me that she will not willingly part with title to this property during her lifetime. 2. As a result, the only remaining options are the one described above, or eminent domain. The eminent domain process is especially risky in this case for the following reason: The County will likely assert a reasonably low value for the property, and the owner will likely assert a high value for the property. After a jury trial, the County will be required to pay the valuation determined at the hearing, plus the owner's costs of litigation AND attorney's fees assessed at an amount up to 33 and 1/3 % of the difference between the County's assertion of value and the final determination of value. For example, if the County estimates the property's value at $1 million, and the trial determines the property's value to be $5 million, Collier County taxpayers will pay $5 million to the property owner and $1.1 million to the property owner's attorney. (33% of $4,000,000 up to $250,000 = $250,000 + 25% up to $1,000,000 = $250,000 + 20% over $1,000,000 = $600,000: $250,000 + $250,000 + $600,000 = $1,100.000) 3. Collier County would avoid its own costs of litigation in this eminent domain case, which could prove substantial. 4.Collier County would have final assurance that this property will be preserved forever. OCT 2 3 2001 Attachment B RUDEN MOCLOSKY S M ITH S P. HUSTEr ~ ~USSEL1, RA. 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA. 33301 POST OFFICE BOX lgO0 FORT LALIDERDALE, FLORIDA 33302 (954) 527-2474 FA,v,: (954) 333-4074 TRB@RUDEN COM October 9, 2001 VIA TELECOPY (941)774-0225 Ellen T. Chadwell, Esq. Assistant County Attorney 3301 E. Tamiami Trail Naples, FL 34112-4901 Re: Stauffer and Harvey Property; Purchase Proposal Dear Ellen: In follow-up to our meeting of September 28, 2001, and our subsequent discussions, my clients are prepared to make an offer to sell the subject property located in Barefoot Beach Preserve. This is a major step in our discussions, as previously the property would be sold only after the death of Ms. Stauffer. Please be advised that this proposal does not represent what we believe the property is worth, but instead is a compromise (and indeed, a substantial compromise from our prior discussions). As we discussed at our September 28 meeting, the proposals are privileged discussions that cannot be used later against any of the parties. We believe the highest and best use for this property would be as a beach club. Based upon discussions we had with various interested parties, we believe that the value of this property, devoted to a beach club use, would be approximately $15 Million Dollars. All of the residential developments in Collier County want to "sell" beach access as an amenity, and the beach club proposal, as approved by the County Commission, ably suits this market demand, t-here is very little available beachfi'om that can be controlled by a developer of a residential community. Also, as you know, no amount of money, no matter how great, was enough to purchase this piece of Property from Ms. Stauffer. However, because of the persuasiveness of Commissioner Mac'Kie, Ms. Stauffer and Mr. Harvey have agreed to value the property as a site for a single-family residence with appropriate road access. Ms. Stauffer originally did not wish to sell the property until a~er her death, but based upon her desire to close this chapter of her life, she is now prepared to sell the property to the County. FTL:819322:1 Page 2 We believe this property to be extraordinarily special, with many unique attributes. There may be no other opportunities for a wealthy individual to have a 1.7 acre compound which runs from Gulf to Bay, nestled amid 340 acres of park and preserve. The privacy and solitude afforded by such a retreat is very attractive to the type of person and entities who would have the financial resources to afford such a property. Indeed, the uniqueness of the property may, in and of itself, be a motivating factor for the very wealthy, which often wish to own that which cannot be purchased. In light of the foregoing, we believe a fair asking price for the property is $5.5 Million, which would be inclusive of Mr. Harvey's interest in the property. We believe a fair time within which to close the transaction would be within sixty (60) days of County Commission approval. In our last conversation, you indicated that the County may wish to discuss paying a large portion of the purchase price at this time, and the balance within a few years. I can inquire of my clients on that concept, if you wish. I understand the County will be obtaining a second appraisal relative to the value of the subject property. I would suggest that the appraiser be permitted to value this property not simply as a single family residence, but also as a site for a beach club that had the full backing of the Commission. If we are not able to reach an agreement on the purchase price of the property, another option is to have a jury make that decision for us. The unique nature of this property may elude the appraiser's traditional tools of valuation, but residents of Collier County may be able to supply us with the answer. Thank you for your assistance. I look forward to working with you on this matter. Please contact me with any questions you may have. Sincerely, RUDEN, McCLOSKY, SrvliTH, S~TER & ~USSELL, P.A. Thomas R. Bolf TRB/mbd CC: Ms. Ricky Stauffer Mr. Paul Harvey via telecopy Donald Pickworth, Esq. via telecopy John L. Farquhar, Esq. via telecopy Dale A. Bmschi, Esq. FTL:819322:1 Attachment C F:~UDEN MCCLOSKY -c:i M ITH · c:l C H U...~TER t~ RUSSELL, RA. Octoberl2,2001 VIA TELECOPY (941) 774-0225 And VIA FEDERAL EXPRESS Ellen T. Chadwell, Esq. Assistant County Attorney 3301 E. Tamiami Trail Naples, FL 34112-4901 Re: Stauffer and Harvey Property; Data on Property Value Dear Ellen: 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302.-,, 954 §27-.2474 '~r i ..... ' ~ FAX: (954~ 333:4074 ' · t.. :. TRB@RUDEN.COM ~.-:-. \',' <.~ ~ . ':':'C: _ ¥: ,..,:', ....~'. In follow up to our prior discussions, we have compiled information relevant to the valuation of the above referenced property. This information comes from Collier County's records for tax assessments, at its internet site. On three properties closest in location (Barefoot Beach) and most current (year 2000 sales) the average selling price per acre is $8.6 million. Collier County itself has assessed these same properties at an average price per acre of $4.6 million. I think it is difficult for Collier County to collect taxes based on assessments of $4.6 million per acre on property that is basically in the same subdivision as the subject property, but then expect to acquire superior property (due to superior size, more secluded, and water exposure on two sides, instead of one) at $2.0 million per acre. Even using the assessed value per acre (as opposed to the sales price per acre) of these four Barefoot Beach properties would result in .a valuation of the subject 1.69-acre property of $7.77 million. Utilizing the sales price per acre of the three Barefoot Beach properties would result in a valuation of the subject 1.69 acre property of 14.56 million. Two other transactions are noteworthy, both on Gordon Drive. Compared to the subject property, Gordon Drive is superior in reputation and accessibility to Naples, but inferior in seclusion and dual waterfront exposure. 4370 Gordon Drive sold for $30.0 million in April 2001. Collier County assessed the property at $6.7 million, of which 90% was attributable to the land. Of further relevance, this same property sold five years before, in March of 1996, for $5.5 million. We have noted the rapid appreciation in the values of beachfront properties, and this property enjoyed an increase of 5.45 times in five years. 3060 Gordon Drive sold in April 1998, for land only, for $5.75 million. Assuming it enjoyed a similar appreciation to 4370 Gordon Drive (40% per year) would indicate a current value of $16 million. To the ~~Tf'"~ FTL:819834:3 [ tJ~ ~ o FORT LAUDERDALE I MIAMI I NAPLES I POgT ST. I 1 Ir'l~ i CA~Ac~LTA I qT IDCT[ ~.~LJJ~ = T & ' I SI-J * ccI'[ = TA ~ ~lb* - ~rZn .... -- -- Page 2 has considered older sales of beachfront property in appraising the subject property, the above information should assist in bringing those values current. I provide this information to you, to assist the County, and its appraisers, to respond to our $5.5 million settlement proposal, and to understand why we believe the subject property is so valuable. The summaries of the above information are attached hereto as well as the information per Collier County's Tax Assessment on the individual properties referenced in this letter. Should you have any questions concerning the foregoing, please do not hesitate to contact me. Thank you for your assistance. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Thomas R. Bolf TRB/mbd Enclosure CC: Mr. Paul Harvey (w/encls., via facsimile transmission) Ms. RJcky Stauffer (w/encls.) Donald A. Pickworth, Esq. (w/encls., via facsimile transmission) John L. Farquhar, Esq. (w/encls.) Dale A. Bruschi, Esq. (w/encls.) FTL:819834:3 Page 3 Value Indication Based on Collier County's Tax Assessments for and Sales of Barefoot Beach Property Address Land Size Sale Date Sales Price % Land* Sales Price Assessment (Acres) Land 109 Hispaniola Ln $1,134,200 .24 NA 109 InagaaLn $1,026,528 .23 5-00 3,130,000 65% $2,034,500 112 Inagua Ln $1,040,400 .22 3-00 $2,650,000 78% $2,067,000 114 Anquilla Ln $I,075,289 .24 1-00 $2,687,500 68% $1,827,500 *This percentage is the percentage of Land Value, compared to total Property Value, by the Tax Assessor Land Assessment Per Acre of These 4 Properties: 109 Hispaniola Ln 109 Inagua Ln 112 Inagua Ln 114 Anquilla Ln $4,725,833 $4,463,165 $4,729,090 $4,480,370 Average Assessed Value Per Acre: $4,599,614 Therefore, for 1.69 acres, $7,773,347 Based on Sales of These Properties, the Price Per Acre is as follows: 109 Inagua Ln 112 Inagua Ln 114 Anquilla Ln $8,845,652 $9,395,454 $7,614,583 Average Sales Price Per Acre: Therefore, for 1.69 acres, $8,618,563 $14,565~71 FTL:819834:3 FROM INC. PHONE NO. : 9417752588 Oct.. 10 2001 11:47P~,1 P3712 " - tSt61ic Record ' ,, Property Information Prop IDg:. 54753~0005 Property Address; 109 ]B~SPA.N'IOLA City/State: Carrier Route: County: Comer Strap ~.. 45~500 O 1232,06 Zip Cede: Ownership Inftmmation Owner Name; MAtw.~-OD, K T Mailing Address: 109 ~ANIOLA I2,T city/state: aOhTrA Sm~TNC. S, FL CountTV: Carrier Route: R076 Zip Code: 34134-gS20 ~ga//)esa-/pt/on Legal Description: · Lot/Unit; 12 Sub/Condo Name: Subdivision Code: GGE Unit ~ LELY B~R]~OOT BI~ACH 1JNIT I ~ G LOT 12 OR 1964 PG 1124 Block/Bldg/TracC G Section: 6 Township: 4~ Range: 25 IUEL¥ ]~I~OOT BZACl~ Uh3T 1 4555~ Ag Value: $0 Lanct Value; $L134,2~ Improved Value: Total Value: Total Assessed Valu~ Total. Ad Valorem Tax: $12,147.0~ Roads Assess: Water Asses=: Community Assess: Garbage Assess: Total Non-Ad Valorem Assess: $114.20 Tote/Tax Bill: Tax Year. .7,000 Exemption Agriculture: Exemption Homestead: Exemption Whoay: Exemption Widow. Exemption Blind: Exemptioa Oi~abled: Exemption Widower. Exemption: Energy Land and Building Land Use Description: Ol Appn:~. Base Living SqFt: 1,940 Appm~ Total Bldg. SqFt 4,814 Year I~uiiE 199! Year Remodeled: Number of Skxies: 10 Sale Infi:nntttion Land Use Cod~ Approx. Ot~er ,','SqFt: 2,,~r4 Number of Acres: 0.24 Depth: 162.110 Number of Baths: Numl0e~ of Bedrooms: Pool: Pric~ Dead Type OR B~3k - Page $0 Other $0 , Oiler Purci3~erlOwner CERTA, JOSF.~H P & SHARON L FROM : LJEECORP INC. · PHOhE NO. : 94i?~588 ' ' Public Rec~rd ', Oct. Property Information Prop ID/k. 54754120004 Property Address: 109 CitylStat~- Carder Route; County:. Collier o~nerShip Owner Name: Mailing Address:' City/State: Country: Carrier Ro.u~e:. Legal Description LotrUnit: 13 suw.Con~o Name Sutadiv~$lon :Code: GGE Unit ~. L~nd 'r~l ¥~lu~ TotaJ ASsessed Value: Total Ad Valorem Tmc Roads Assess.' Water Assess: Community Assess: Gmbage Asses~ Strap ~ 455~0 H ~3A06 Zip Coae; lLOYD, ~ S & SUSAN K 10~ II~ACU& ~ BONI'rA STRINGS, FL Zip Cocle: 34134-8522. LELY ]L~REFOOT BEACH UNiT 1 BL~ H LOT 13 & WLQ OF LOT 12 BlocidBldg/Tract: H Section: 6 Township: 48 Range: 25 45~0e 3..~7.562 Exem~ Wholly: S1,564,090 Exelllption Wklow: S1~,09D ExempUon Bl~d: S21,72L61 Exemption Disabled: $l~eO Exemption Widowec SO.IlO Exemption: Energy $114.20 S2.%000 Tc~al Non-Ad Valorem Assess: $114.20 Total Tax Bill: ~21,835.R! Tax Year:. ' '. .20CO. Land and Bttilding Deso'iptions Land .Uae Oescriptian: 01 Siagle Famibj Approx. Base Living SqFt 2,125 Approx. T~ai Bldg. SqFt 5,4~ Frontage: Sg.00 Ye~ Built: 198S Year Remodeledi Number of Stories: 3.0 . Sale Information Da~e. Prica .. Deed Type ~ Use Code: et Approx, Other SqFt: 3,330 Number of Acres: 0.23 Depth: 167.00 Number ~ Baths: Number of Bedrooms: Pool: No OR Book - Page Purchaser/Owner LOYD, l~n'tr .m S & SUS.4aN lC LOYD, I~]UP $ & SUSA~ T~ OCT 2 ci 20Oi FROM : LEECORP INC. PHONE NO. : 9417752588 Oct. 1~ 21~1 11:39Pt'1P2/IJ - PuMicRecord .... Property Infonnotlon Prop ID~. ~475421K1~ Pnoperty Addr~s: 112 ~A~A ~ Ci~: ~& .~ ~r~er Route: ~un~: ~ Owneta. hip Information Owner Name: Mailing Address: City/State: C0.untry: Carrier Route: Strap~ 4555OO I 13AIJ~ Zip Code: D & 201 .DTY Zip Codw 14221-5'/34 Legal Description Legal Des~*iption: LotJUnit: ! Sub/Condo Nam"' Subdivision Code: GGE Unit ~.. Assessed Vglue/T~ Ag Value: Land Value: $1,040,400 improved Value; Totat Value: $1,330,7'P5 Total Assessed Value: $1~330,775 Total Ad Valorem Tmc $1s,481.4! R~ads Assess: Water. Assess: . Community Asaas$: Garbage Assess: $114.20 Total Non-Ad Valorem Assess: $114.20 Total Tax Bill: .$18,595.61 Tax Year. 2800 Land a~d Build~g Descri~ Land Use Oes~ption: 01 Sim~e *B'amity App,. ~se U~ SqFt ~p~ T~i Bldg. SqF~ F~ge: ~.~ Y~ Bui~ tg~a Y~ R~eled: Numb~ ~ ~fi~ 3.0 Sale Information Date Price Deed Type g3/13/2000 :i~650,0Qe ' Otim~ · LELY B,a~t~OOT BECI~ UNIT 1 ]~7.J~ I I.X~ I Biock/aldg/Trac~ 1 Section: 6 Township: 48 LELy BAXEFOOT BEACH ~ I 455500 Exemption Agriculture: Exemption Homestead: Exemption Wholl~ Exemption Widow:. Exemption Blind;. ~v, emption Disabled: Exemption Wdawer. Exemption: Energy Range: 25 Land Use Coda.- 0! Appr~.. Other SqFt L621 Number of Acres: 0.22 Depth: 15~.01) Pool: OR Book- Page Purc~eerlOwner I~ORS, RI(~La. RD D & PAI'RICIA P FROM : LEECORP INC. ' PHOI~ HO. : 941T752588 Oct. 10 2~E~1 11:JgF~ P3/13 Public Record .Proparty Information Prop ID~. S4750240001 Property Address: ! 14 ANQ~/Jq City/State: .,~LF,,~, ltl County:. C:o~er OwnersAip i'nformati~ Owner Name: Cl~FFglL CLIFFORD W Mailing Addres~ ! 14 AIq'GU/LI.A. LN' City/State: BON'I~A b'~PR[[q'G~ FL Cartier Rout~ $trap fk. 4555ee A 13AO~ Zip Code; legal Description' Legat Description: LELY BAREFOOT BCH ~ 1 ]ILK A I.~)T I AND TI~T PO.RTl'ON O]F SEC 6 T~p 48 ~TG 2~ DESC AS: COM~N'~LY C.NR LOT 1, N 19DEC Lot/Unit: 1 Block/Bklg/Tract: A Section: 6 Township: 48 Range: 25 Sub/Condo Name; /-~ 'Y' BARI~OOT BEAC~ l~rtT I Subdtvirdon Code: GG& Unft ~. Asse:~ed Valueff a:ces Ag Value: . Land-Value:... : lmpr~ 'Valu~ T~I Valu~ . T~I ~s~ Value; T~I Ad V~em T~ R~ds ~ess: Wat~ ~: ~mmun~ GaUge ~: T~I No~ V~em T~ T~ Bill: T~ Y~ Land.trod B .~ding Dezcriptimts Land Use 0eacripflon: Ol Siege l~amtly Approx. Base Living 8qFl: 2,124 A~prc~.Total Bldg. SqFt: 4,SSt Frontage:. 6LeO Year. Built: 1989 . · , .. Year Remodeled: Number of Stories: L0 Exeml:~on Agriculture: Exemption Homestead:. ExempUen Wholly:. Exemptkm Wide. Exemption 81in0: '. Exemption Disabled; Exemption Widower. Exemption: Energy Land Use Code: 01 Approx. Ol~er SqFt: 2,727 Number of Acr~: 0.2.4 Depth: :!72.ol) Numar of Ebbs: Number of Bedrooms: Pool: Date Price Deed Type OR Book - Page 09/14/2,000 $0 'Other 2721-1788 01/31/2000 :~2, 6r/,.soo other. 2635-2842 FROM : LEECORP INC. PHONE NO. : 9417752588 Oct. 18 2881 ll:4?AM P4/12 Pttblic Record" Strap ~ 118300 .4, 175A21 Zip Code: ~1~-?~01 01;nership lnformaEon Owner Name: O'i~ILL TR, PAUL H Mailing Address: City/State: Count~: Carrier Routa: 17877 VON' I(ARMA3] AVE $TE ]RVIN~ CA Zip Code: 9'2614-4247 Legal Descrt'pEon Legal Description: LcfdlJnit; 17 Sub/Co~do Name: Subdivisiort Code: GGE Unit ~. ~ COV[ SECT PORT ROYAL RLK A $ 271~t OF LOT 16, LOTS 17 + BIc~k/Bldg/TracE A 8~n: 21 T~hip: ~ Range: ~ PORT ROYAU~ ~ 11~ Ass,~s~d Valuz/Taxe~ Ag Value: S0 Land Value: $6,118,426 Improved Value: Total Value: $6,726,084 TOtal Assessed Value: Total Ad Valorem Tax: $89,5.3~[31 R~ad$ Assess: Water Assess: Community Assess: Garbage Assess: To{al Non-Ad Valorem Assess: $0.0~ Total Tax Bill: ~89,$3R.31 Tax Year:. I..and and Bttilt~g Descriptions Lend Use Description: al ~, ~ A~ ~e LMng 8qF~ ~ ~pr~ To~I BId~ Sq~ ~5 Y~ Bul~ Y~r Re~el~: ,gale Inf~ Exemption A,qrioulture: Exemption Homestead; Exemption Wholly: Exempl~n Wiaow: Exemption Blind: Exemption Disabled: Exemption Widower. Exemp6on: Energy Land Use Co(le; 01 Approx. Other 8zlFt:. 5~ Number of Acres: 1.45 DeFth: Z/'/,00 Number of Baths: Number of Bedrooms: Date Pfi~e Deed Type OR Book - Page 114/05/'~el S30,88e,0~ Ofl~u- 2802-12'/'2 03/0~/1996 SS, SOO, iNN} O~er 2156-1495 Pumhas~owner ". [~R.~:lg), GARDN]Q;t, B & JANg V Comm~g~ CONC/~TE, BLOC~ WA/,[., 13~OlYND SWI3~M~G POOI~ sEAWAY.,L FRor9 : LEECORP INC. PHOIx~ HO. : 9417752588 Oct. lB 213~1 ll:~SAM P5/12 Property Information Prop ID~. 09380120009 Property Address: 3060 GOR:DON DR City/state: NA~E~ lq. Career Route: C064 County:. Cailler Owner~ip Information Strap~. o6o?00 A 35A14 ZIp Code: 34102-7851 Owner Nam= ,t2~~ Sl~ t.tt R Mailing Address; ~ RIT~ ROW City/State: N,~T~.~'S. ~ Carrier Route: 0)04 Zip Cod~ 3410Z-T849 Legal Description Legal Description: G~r_~ ~ V, STATE$ BL3C A LTS 3 + 2 AND THAT PORT OF' GORDON DR & U'NDIVID]~ RI.3C C I.YING B~TW~EN N LI OF LOT 2 + L~JUnit: 3 BlookJ~ldg/Tract: A Section; 16 Township: ~ Range: 25 Sub/Condo Nams: ~ VIeW RSTATRS Gubdivision Code: GGE Unit ~ Ass~we.d Value/Tares Ag Value: Land Value; Imf=roved Value: T~I Value: T~I ~s~d V~ue: S~ T~ Ad Valo~ T~ ~4~47.76 R~ds W~er ~ ~mun~ T~I Nord V~em ~sess; T~ T~ B~I: ~547.76 T~ Y~ Exemption Agriculture: Exemption Homestead: Exemption Wholly: Exemption Widow:. Exemption Blind:. Exemption Disabled: Exemption Widow~. ~.xerr~3tiom Enmgy Land and Building Descriptions Land Usa Description; Approx. Base Living SqFf- Appro=c Total BMg. $crFt: Frontage: 200.00 Year Built:. Year Remodeled: Numl=er of Stories: Vacant Sale lafermation Land Use Code: (iq) Approx. Other SqFt: Number of Acres: 1.84 Depth: 400.00 Number ~ Baths: Number of Bedrooms:. Pool: Date Prioe Deed Type OR Bm~k - Page g4/8~!199~ $5750,600 Other 24B5-1~ $0 Other OOOO-M~ Comments PumhaserlOwner 16S1~31 ROV'A SCOTIA AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT FOR SALE AND PURCHASE ("AGREEMENT") is made by and between RICKY STAUFFER, PAUL HARVEY, and BEACH CLUB ASSOCIATES, a Flodda general partnership (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Flodda, (hereinafter referred to as "Pumhaser"). WITNESSETH WHEREAS, Seller is the owner of that certain pamel of real property (hereinafter referred to as 'Property"), located in Collier County, State of Florida, and being mom particularly described as follows, to wit: SEE A'I r'ACHED EXHIBIT 'A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of pumhasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollam ($10.0.0), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Pumhaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The pumhase price (the 'Purchase Price") for the Property shall be FOUR MILLION SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS ($4,750,000.00). III. CLOSING NAP:24953'.4 3.01 The Closing (THE 'CLOSING DATE", "DATE OF CLOSING", OR 'CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Pumhaser but not later than December 21, 2001, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, except as contemplated by Article IV. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: I AGENDA ITEi';I' (a) The lien for currant taxes and assessments. No. //'3/'~ _ OCT 2 3 2001 1 (b) Such other easements, restrictions or conditions of record, or shown by an accurate survey or by an inspection of the Property. 3.0112 Mechanics Uen and Possession Affidavit. 3.0113 COmbined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit' as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, 'Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by .the title insurance underwriter in order to insure the "gap' and to issue the policy contemplated by the title insurance commitment. 3.0117 An Assignment of Paul Harvey's lessee dghts in the lease of the Property. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 When the title company is irrevocably committed to issue an owner's title insurance policy to Purchaser in accordance with the commitment immediately after recording of the deed without any gap exception the County shall pay the Purchase Price after prorations, to Ruden, McClosky, Smith, Schuster & Russell P.A.'s trust account by a wire transfer of immediately available funds. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attomey's fees, except in the event of a default where attomeys' fees will be paid as contemplated by Article X. Seller, at its sole cost and expense, shall pay the cost of recording any instruments necessary to clear Seller's title to the Property. Seller shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Flodda Statutes. 3.03 Purchaser shall pay for at Closing the cost of recording the Warranty Deed. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser. Real Property taxes shall be prorated based on the current year's tax with .due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such pdor year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; NAP:24953:4 4.011 Purchaser shall within fifteen (15) days after the effective date of this Agreement update its present commitment for an Owner's TItle Insurance Policy covering the Property, if such update has new defects which materially and adversely affect the Property ('New Defect[s]"), Purchaser shall have twenty (20) days from the effective date of this Agreement to notifi/Seller in writing of any objection to a New Defect(s) which is not a Permitted Exception, other than liens evidenc~ng monetary obligations, if any, which obligations shall be paid at Closing. 'Permitted Exceptions' shall include, but are not limited to, the following: (1) applicable zoning regulations, ordinances and governmental restrictions of Purchaser and all other .govemmental authorities having jurisdiction over the use of the Property; and (2) real property taxes and assessments for 2001, which are not yet due and payable. (3) ali exceptions shown by the existing title evidence, which is attached hereto and made a part hereof as Exhibit 'B', with the requirement that exiSting mortgages, or other encumbrances if any, shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written no,ice to Seller within two (2) days after expiration of said thirty (30) day period, may accept fire as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such wdtten notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain an update of the survey of the Property provided by Seller. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced-in the aforementioned legal description, if any. Purchaser shall do its update of the Survey within fifteen (15) days and if there are any items which materially and adversely affect the Property and are not part of the Permitted Exceptions, Purchaser shall have the right for a period of twenty (20) days from the effective date of this agreement to object to such item and it shall be treated as a title objection made in accordance with 4.012 and if no objection is made within such twenty (20) day period any right to make such an objection is waived. V. NON-ADMISSIBILITY IN OTHER PROCI=r::DINGR~ 5.01 Purchaser and Seller acknowledge and agree that neither this Agreement, its exhibits nor any of the negotiations relating thereto may be used in any litigation or other proCeedings except for enforcement of this Agreement or provisions of this Agreement. VI. ACCESS TO PROPERTY 6.01 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying the Property. Purchaser and its agents in performing such activity shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to such entry on the Property. VII. RELEASEOF CLAIMS NAP:24953:4 7.01 At closing, Seller agrees to execute a general release of all claims it has now, foreseen or unforeseen, against the County which adse out of or relate to the use, enjoyment and/or pumhase of the Property in any way, or were raised in the litigation referenced in Section 7.02, including ali costs and attorney's fees. 7.02 At closing, Seller shall execute and file a Notice of Voluntary Dismissal with Prejudice as to all claims and actions against Mada Ramsey, in Ricky Stauffer and Paul Harvey v. Collier County, and Mada Ramsey, Circuit Court Case No. 01- 3051-CA, assuming each party (including Mada Ramsey) shall bear the cost of their respective attomey's fees and costs, and the Notice shall so state. If Ms. Ramsey is so dismissed, Ms. Ramsey and the Sellers will exchange a general release of all claims each has now, foreseen or unforeseen, against each other which adse out of or relate to the use, enjoyment and/or pumhase of the Property in any way, or were raised in the litigation referenced in Section 7.02, including all costs and attorney's fees. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2001 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed, to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including, but not limited to, the dght to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then the Seller shall have all dghts and remedies available at law or in equity including, but not limited to, the right to seek specific performance of this Agreement. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and autho, rity to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals and authorizations shall be delivered to Purchaser and/or Seller, if necessary. NAP:24953:4 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. The warranties in this Agreement shall survive for a pedod of 1 year after the Closing and shall be of no force and effect thereafter, except for breaches which have occurred within the one (1) year pedod and actions thereon which have been started within the one (1) year period and counterclaims and defenses relating to such action. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other govemmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any dghts with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser ~r any reason whatsoever which would affect the Property after Purchaser's purchase or in any way impair Purchaser's acquisition of the Property. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property (except to the extent if any pollutants have come onto the Property from adjoining property), directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances ara or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any govemmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded written restrictions, wrfften easements or written rights of way (other than existing zoning regulations and other applicable govemmental regulations) that restrict the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property which would affect Purchaser's use of the Property or obligate Purchaser to any obligation. N~d~:.24953:4 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder;, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. The foregoing is not intended to include requirements of recorded agreements or actions or restrictions of Purchaser. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on. the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restdct or change any other condition of the Property. 11.022 At the Closing, Seller and Purchaser shall each deliver a statement (hereinafter called the 'Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing for a period of one (1) year therealter and thereafter shall become null and void except for breaches which have occurred within the one (1) year period and actions thereon which have been started within the one (1) · year period and counterclaims and defenses relating to such action. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability ACt of 1980, 42 U.S.C. Section 9601, et seq., ('CERCLA' or "Superfund'), which was amended and upgraded by the Superfund Amendment and Reauthorizafion Act of 1986 ('SARA'), including any amendments or successor in function to these acts. This provision and the rights of' Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title except that such representations, warranties and rights shall be null and vOid at the end of one (1) year after Closing except for breaches which have occurred within the one (1) year period a~er Closing and actions thereon which have been started within the one (1) year period after Closing and counterclaims and defenses relating to such action. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES NAP:24953:4 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Pumhaser: Real Property Management Department Administration Building, 4~ Floor 3301 Tamiami Trail East Naples, Flodda 34112 With a copy to: Ellen T. Chadwell, Assistant County Attomey Office of the County Attorney Administration Building, 8~ Floor 3301 Tamiami Trail East Naples, Flodda 34112 If to Seller: Ms. Rlcky Stauffer Post Office Box 2354 Bonita Springs, Flodda 34133 and: Paul Harvey 1277 Bellaire Court Naples, FL 34110 With a copy to: John L. Farquhar, Esq. Ruden, McCIosky, Smith, Schuster & Russell, P.A. 5150 North Tamiami Trail, Suite 602 Naples, Florida 34103 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such wdtten notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. REAL ESTATE BROKERS 13.01 Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, made by Seller. Pumhaser shall indemnify Seller and hold Seller harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Purchaser as a real estate broker, salesman or representative, in connection with this Agreement. Purchaser agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, made by Purchaser. IX. MISCELLANEOUS 14.01 This Agreement may be executed in any number of counterparts which together shall constitute the agreement of the parties and facsimiles and other copies shall have the same validity as originals. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. NAP:24953:4 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Pumhaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to anYother provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Flodda. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such. referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any fome or effect unless made in writing and executed by the party against whom enforcement is sought. Time is of the essence of this Agreement. NAP:24953:4 IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk A8 TO SELLERS: DATED: WITNESSES: FIRST WITNESS (Signature) (Print Name) SECOND WITNESS (Signature) (Print Name) DATED: WITNESSES: FIRST WITNESS (Signature) (Print Name) SECOND WITNESS (Signature) (Pdnt Name) DATED: NAP'.24953:4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman RICKY STAUFFER PAULHARVEY , WITNESSES: BEACH CLUB ASSOCIATES, a Florida General Partnership FIRST WITNESS (Signature) (Print Name) SECOND WITNESS (Signature) (Print Name) WITNESSES: FIRST WITNESS (Signature) (Print Name) SECOND WITNESS (Signature) (Pdnt Name) Approved as to form and le~ suffic~ncy: .~ Ellen T. Chadwell Assistant County Attorney RICKY STAUFFER, a general partner BEACH CLUB ASSOCIATES, a Flodda General Partnership PAUL HARVEY, a general partner NAP:24953:4 0CT-2~-~1~1 ~4:18P FROM:RUDEN MCFJ-I~.~K'Y NI:IPLE 941 ~59 1111 OCTLE2-2001 04: 1SP FROM:RUDEN MC.CLOSKY NP~LE ~1 65D 1111 TO:77a~P-25 P:3/4 The policy or policies u~ be ~ will contain er. ccp~ons u~ Thc followin6 umlen thc ,~- ezc dlspoecd of zo thc sefisfeeci~n office Con]lmeay: NOTE;" Sh~,uld you ~ to ~v~-v/copies ot'~2c ~c.~ne lis~d u ~ e~.~-ption~ bdaw, please ~ C~2e271A~ ~ I. Defects, ~ encumbrzuces, adve~e claims o~ othemma~-,~, ~.y, ~ ~p~ ~ pub~ m~ ~ I~ ~bs~ ~ ~ ~ ~ h~~ m ~ ~ ~ ~ ~d ~u~ for ~ of ~ ~ ar ~,~ NCYl~: Thc policy issued ptuman~ m ~ cc,,~,~ vnlt not contain, under S~h,~,l, B, ~he abuvc 8fm~lsni P. xcc~ions a~ sec f~;:- (t)'Thec~ ~ tuzece~c~ ('o) ~ i~ notbinS oi'zecant whlc~ may 8iye zbeto mr"~'~"'S Iie~s which could ttks ~ over tho~x)li~ insm~ ~ Obii. # 0025636000~,. ?exes ~o~ 2oo0 i~me been ~ : O~ober23,2001 Dear , As you know, the House and Senate Budget Committees have released their proposed budget cuts for the current Special Session. The Senate is recommending an increase in county contributions to the Medicaid Nursing Home Care costs, which will impact counties' current budgets by approximately $10 million. For County FY (CFY) 02-03, it will be a $20 million impact state-wide. The House is proposing to shift $36.6 million in Medicaid Nursing Home Care costs for the current year and $49 million for CFY 02-03. In addition, the House has put forward a proposal to increase counties' share for Medicaid Hospital Inpatient Services. The House wants to have counties pay for the 10th day, which would cost counties approximately $4.1 million for the current year and $8.2 million for CFY 02- 03. Please know that Collier County and the full Florida Association of Counties (FAC) OPPOSES any increases to counties share of the Medicaid program and OPPOSES both the House and Senate positions. · We urge you to strongly oppose any proposal increasing counties' mandated contributions to the Medicaid program. Please appreciate that Collier County's budget has already been adopted for this fiscal year and any cost shifting at this time will only result in cutting local programs, delaying or eliminating needed infrastructure projects, or laying off employees. Sincerely, James D. Carter, Chairman Collier County Commission OCT z Estimated Impact of Proposed Medicaid Nursing Home Cost Shift to Counties House Proposal Senate Proposal 2001-02 2002-03 2001-02 Proposed Medicaid Proposed Medicaid Proposed Medicaid Home Shift Nursin, Home Shift Nursing Home Shift Alach ua $375,907 $501,20c. $103,298 Baker $72,818 $97,091 $20,010 Bay $442,367 $589,822 $121,561 Bradford $76,848 $102,464 $21,118 Brevard $1,151,012 $1,534,682 $316,295 Broward $1,945,886 $2,594,515 $534,724 Calhoun $74,593 $99,457 $20,498 Charlotte $433,219 $577,625 $119,047 Citrus $410,729 $547,638 $112,867 Clay $247,741 $330,321 $68,078 Collier $326,874 $435,832 $89,824 Columbia $190,337 $253,782 $52,304 DeSoto $87,148 $116,197 $23,948 Dixie $48,071 $64,094 $13,210 Duval $2,180,763 $2,907,68,~ $599,268 Escambia $779,447 $1,039,262 $214,190 Flagler $102,437 $136,582 $28,149 Franklin $50,776 $67,702 $13,953 Gadsden $193,903 $258,537 $53,284 Gilchrist $44,883 $59,845 $12,334 Glades $11,312 $15,083 $3,109 Gulf $45,698 $60,931 $12,558 Hamilton $74,962 $99,95(; $20,599 Hardee $57,393 $76,52zl $15,771 Hendry $83,338 $111,11 ~ $22,901 Hernando $229,144 $305,52(~ $62,968 Highlands $270,666 $360,88t~ $74,378 Hil isboroug $2,037,997 $2,717,329 $560,036 Holmes $130,336 $173,781 $35,816 Indian River $246,234 $328,311 $67,664 Jackson $312,770 $417,026 $85,948 Jefferson $86,601 $115,468 $23,798 Lafayette $22,595 $30,127 $6,209 Lake $599,021 $798,695 $164,609 Lee $912,202 $1,216,27(; $250,671 Leon $437,585 $583,44(~ $120,247 Levy $118,230 $157,64(; $32,489 Liberty $36,529 $48,70(~ $10,038 Madison $104,676 $139,569 $28,765 Manatee $602,762 $803,683 $165,637 Marion $719,334 $959,112 $197,671 Martin $293,361 $391,149 $80,615 Miami-Dade $4,053,800 $5,405,067 $1,113,973 Monroe $165,671 $220,895 $45,526 Nassau $125,160 $166,88(: $34,394 2002-03 Proposed Medicaid Nursing Home Shift $206,59b $40,020 $243,122 $42,235 $632,590 $1,069,448 $40,996 $238,095 $225,734 $136,157 $179,64~ $104,60~ $47,89~ $26,41c. $1,198,535 $428,380 $56,299 $27,906 $106,568 $24,668 $6,217 $25,11(~ $41,19c. $31,543 $45,802 $125,936 $148,757 $1,120,072 $71,632 $135,329 $171,897 $47,595 $12,41 $329,21 $501,34 $240,494 $64,979 $20,076 $57,530 $331,275 $395,342 $161,23(; $2,227,94(~ $91,052 $68,787 Estimated impact of Proposed Medicaid Nursing Home Cost Shift to Counties Okaloosa OkeechobeE Orange Osceola Palm Beach Pasco Pinellas Polk Putnam Saint Johns Saint Lucie Santa Rosa Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla Walton Washin~lton House Proposal 2001-02 2002-03 Proposed Medicaid Proposed Medicaid Nursin~ Home Shift Nursing Home Shift $421,400 $561,867 $99,171 $132,22E $1,885,825 $2,514,43~1 $390,866 $521,15E $2,260,416 $3,013,887 $978,077 $1,304,1 03 $3,117,892 $4,157,189 $1,474,614 $1,966,1 52 $276,241 $368,322 $282,669 $376,892 $525,039 $700,052 $199,789 $266,385 $978,222 $1,304,297 $584,389 $779,18~ $130,646 $174,195 $174,732 $232,976 $89,529 $119,372 $21,71 8 $28,958 $1,41 2,119 $1,882,826 $60,582 $80,776 $144,573 $192,764 $141,741 $188,988 $36,663,390 $48,884,52¢ Senate Proposal 2001-02 2002-03 Proposed Medicaid Proposed Medicaid Nursin~l Home Shift Nursin~l Home Shift $115,800 $231,596 $27,252 $54,504 $518,220 $1,036,439 $107,409 $214,818 $621,156 $1,242,312 $268,773 $537,546 $856,788 $1,713,576 $405,220 $810,44(3 $75,910 $151,821 $77,677 $155,353 $144,279 $288,55~ $54,901 $109,80~ $268,813 $537,62E $160,589 $321,177 $35,901 $71.802 $48,016 $96,032 $24,602 $49,205 $5,968 $11,936 $388,047 $776,093 $16,648 $33,29~ $39,728 $79,457 $38,950 $77,90( $10,075,000 $20,150,000 Note: The above numbers do not include the proposed $8.1 million shift where counties would pay for th~ loth d~v nf M~dic~id Hnsnit~l EXECUTIVE SUMMARY EXECUTE SATISFACTION OF LIEN ARISING OUT OF ORDER IMPOSING FINE/LIEN IN CODE ENFORCEMENT BOARD CASE ENTITLED COLLIER COUNTY V. BLAS VALSEZ AND ROBERTO SOTO. OBJECTIVE: To execute a satisfaction of the code enforcement lien imposed against property owned by Blas Valsez and Roberto Soto pursuant to an Order Imposing Fine/Lien in Collier County v. Blas Valsez and Roberto Soto, CEB Case No. 2001-070. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement Board on October 2, 2001, in Collier County v. Valsez and Soto, CEB Case No. 2001-070. This Order fined the property owners $377.26 for operational costs incurred in prosecution of the case. Upon its recording at Official Record Book 2902, Page 2340, et seq., the Order became a lien against the subject property identified by Folio No. 71782000001, and more particularly described in the Satisfaction of Lien, a copy of which is attached hereto. The lien amount of $377.26 was paid in full in complete satisfaction of the lien. A Satisfaction of Lien must be executed and recorded so as to discharge the code enforcement lien as a matter of record. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize its Chairman to execute the Satisfaction of Lien; and Florida. ~' Ellen T. Chad~vell Assist~t County AUomey Authorize staff to record the Satisfaction of Lien in the Public Records of Collier County, Date: Michelle Edwards Arnold, Director Code Enforcement Department APPROVED BY: ~ ~ ' ' or ~°ohnmtlat~niDt;n~ eU; ekioI~ eAndt n~ n~tvr ~o nm ent al Services Division Date: Date: /o/, Lit) OCT S 3 2001 i SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Hundred Seventy Seven Dollars and Twenty Six Cents ($377.26), arising out of the Order Imposing Costs/Lien dated October 2, 2001, on behalf of Collier County, Florida, and recorded in O.R. Book 2902, Pages 1864, et. seq., and O.R. Book 2902, Page 2340, et. seq., of the Public Records of Collier County, Florida, against the following described real property owned by Blas Valsez and Roberto Soto, has been satisfied in full. Lots 3, 4, 5 & 6, Block E, Sabal Shores Subdivision, according to the Plat in Plat Book 3, Page 37, Public Records of Collier County, Florida; more commonly known as 3000 Areca Avenue, Naples, Florida. Folio No. 71782000001. The undersigned is authorized to and does hereby release the lien as to the whole of the above-described real property, and all other real and personal property owned by Blas Valsez and Roberto Soto, and consents to this lien being discharged of record. Dated this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James D. Carter, Ph.D., Chairman ,roved as to form legal sufficiency: Ellen T. Chadwell Assistant County Attorney H:XPublic\Litigation\CEB CASESWalsez & Soto\Satis of Lien-complete.doc 10/10/01 15:38 F,aul 941 403 2345 COIJ~IlNI~ DEV~LOP~.NT ~ C0 ATTY ~001 Official Receipt - Collier County Board of County Commissioners CDPRI 103 - Official Receipt Trans Number ] Date 'Post Date Pa. yment'Slip Nbr ] 291256 L10./2/2001 3:34:28 PM 1012/2001 MS 90205 ROBERTO SOTO Payor' SOTO Fee Information 0Fee Code Description [ GL Account 6. cEI~F CODE ENFORCEMENT BOARD FINE~ 11113891135440000000 Total Amount · $377.26 , $377.26 Waived Payment Code CASH. [Account/Che~k Number Payments Amount Total Cash Total Non-Cash Total Paid Memo: PROSECUTIONAL CO,~TS INCURRED IN CASE CEB NO. 2001-070 8377.26 $377,26 ] __ $0.00 $377.26_] Collier County Board of County Commissionem CD-Plus for Windows 95/NT Cashier/location: GARRE-i-r_s / 1 User:. CRUZ_M OCT 2 3 2001 Printed:10/2/2O01 3:34;34 PM EXECUTIVE SUMMARY AWARD OF BID 01-3276 FOR RECORDS MANAGEMENT SERVICES OBJECTIVE: To obtain records management services for use in various County departments in a cost effective and responsive manner. CONSIDERATIONS: Bid #01-3276 was posted on September 28, 2001 with invitations to bid sent to 19 vendors. Of the 16 vendors that requested bid packages, 3 proposals were received and opened on October 10, 2001. The Community Development and Environmental Services Division currently spends approximately $60,000 annually for microfilming of records and storage of files. The present contract for these services expired September 30, 2001. A thirty-day extension of the contract, extending the expiration date to October 31, was negotiated with the current vendor, Iron Mountain, to accommodate the "request for proposal" process and awarding of the bid by O.ctober 31,2001. Bids were received from Iron Mountain (considered non-responsive), National Archives Services, and Document Management Services, Inc., dgo/a "File Stor." In reviewing the bids, File Stor was the apparent low bidder for storage, retrieval, and other records management services, and is acceptable to staff. FISCAL IMPACT: Records management services currently cost the Community Development and Environmental Services Division some $60,000 annually. Funds are allocated each year by each department within the Division (CDES Operations, Building Review & Permitting, Housing & Urban Improvement, Planning Services, Engineering Services, and Code Enforcement) during the budget process to fund records management and retrieval costs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Board approve the award of Bid 01-3276 to File Stor for services related to records manage~pnt, services., PREPARED BY: 4" ~'~/_~/~ -----"--'--' DATE:/d';~?/Z-~/ 1~'. E. B"LI~U;' W~T. EACE Director, CDES Operations STEVE CARNELL Director, Purchasing///~ JO~'M:D~CK III --. ~~ ' A~inis~ator, Communi, Development & Environmental Se~ices E wsi~~~ OCT OCT e 3 ~001 OCT ~ 8 200! EXECUTIVE SUMMARY Approval of an Addendum to Lease Agreement between CPOC Realty, L.L.C. and Collier County for office space utilized by Housing and Urban Improvement. OBJECTIVE: Approval of an Addendum to Lease Agreement between CPOC Realty, L.L.C. and Collier County for office space being utilized by Housing and Urban Improvement. CONSIDERATIONS: On July 31, 2001, the Board of County Commissioners approved a Lease for the Housing and Urban Improvement Department to utilize a larger office space within the building they are presently occupying. The attached Addendum to Lease Agreement has been prepared, by request of the Landlord, for record-keeping purposes for their company. The purpose of the Addendum is to make both parties acknowledge that the County will vacate the existing office, under the old lease, once the new space has been completed by the County's contractors. The landlord will not require rent from the County until the new space has been completed. The completion date is expected for October 30, 2001. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Addendum to Lease Agreement between CPOC Realty, L.L.C., and Collier County and authorize its Chairman to execute same. SUBMITTED BY~'/P'~Z¢~'~--'~'¢-~ ~/,'~ ,~~ ',. DATE: Michael H. Dowling, Propl~rty'~lar~ement Specialist, Real Property Managemeh,t.D_Cpartment REVIEWED BY: APPROVED BY: /d' //' d/ ~~__~ DATE: //Z¢ -///'-'~ (' "-Greg Mi~'ii~, D~r"-ector, Housing and Urban Improvement Department ~'~ Jbl, t,~.~~ DATE: J(~(l~n Du~"~uck, Acting Administrator, Community Development Service~ DlC, ision AGENDA ITEM ~ OCT 2 3 2001 Addendum to Lease Agreement This Addendum to Lease Agreement is made and entered into this day of October, 2001, by and between CPOC Realty, L.L.C., as Agent for Owner ("Landlord") and the Board of County Commissioners, Collier County, a political subdivision of the State of Florida ("Tenant"), and amends a certain Lease Agreement between the parties hereto for the premises located at 3050 North Horseshoe Drive, Suite 145, Naples, Florida ("Demised Premises"), as follows: The Lease is hereby amended to provide that the lease dated December 15, 1998 shall terminate when the Tenant vacates the Demised Premises to immediately occupy Suite 280 at 3050 North Horseshoe Drive, which is expected to occur on or about ~ October 31, 2001. The Parties hereto acknowledge that Tenant was not required to, and did not give Landlord a security deposit for the Demised Premises. In all other respects, said Lease Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Addendum on the date indicated above. AS TO LANDLORD: DATED: WITNESSES: CPOC REALTY, L.L.C., a Delaware limited liability company Witness (signature) (print name) Witness (signature) (print name) (Corporate Seal) TCL REALTY, INC., an Illinois corporation, as Manager By: Title: AS TO TENANT: DATED ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida By: JAMES D. CARTER, Ph.D., Chairman Approved as to form~and ygal sufficiency: Thomas ~. Palmer, Assistant County Attorney AGENDA iTEM No. 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 of "Berkshire Commons Parcels 1, 2 & 3" 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 OOT 8 001 Executive Summary Berkshire Commons Parcels 1, 2 & 3 Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: archeological issues There are no historical / EAC RECOMt4ENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: 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. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Rev'Jew Director / County Engineer Da%e ' APPROVED BY: · "k~[~~~~I ~I nte rim Administrator JOHN M~D~CK II ~ Community Dev. and Environmental Svcs. Date OCT RADIO ROAD V/C/Nrr~ MAP NOT TO SCALE OCT 2 8 ZOO1 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN STRAND REPLAT - 7" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as"Pelican Strand Replat - 7" CONSIDERATIONS: On April 14, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - 7" The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None OOT 8 2001 Executive Summary Pelican Strand Replat - 7 Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - 7" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. ~ouldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director Date APPROVED BY: Jo~h~ M. Dunnuck III, Interim Administrator Co~4munity Dev. and Environmental Svcs. Date j rh OCT Z 3 2001 T ~S ESMT. -' VICINITY MAP NOT TO SCA!~E~. 26 EAST, · '~IDA, AGENOA ITeM No. 1~" '""P S OCT 2 3 2001 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 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 6O RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN STRAND REPLAT - 7, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 3, 1999 approved the plat of Pelican Strand Replat - 7 for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Strand Replat - 7, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal sufficiencR: '~ Patrick G. White Assistant Collier County Attorney AGENDA ITEM No. OCT 3 001 Pg--_ EXECUTIVE S~Y REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN STRAND REPLAT - lB" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Strand Replat - lB" CONSIDERATIONS: On April 22, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - lB" o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AGENDA ~TEM No. /(. ~' (~ OCT 2001 / Executive Summary Pelican Strand Replat - lB Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - lB" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: John ~].' Dunnuck III, Interim Administrator Community Dev. and Environmental Svcs. Date j rh OCT 2.$ 2001 T .qS ESM T, 26 EAST, RIDA, AGENDA IT. EM OCT 2' 3 200! 2 3 4 5 $ 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN STRAND REPLAT-1B, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 23, 1997 approved the plat of Pelican Strand Replat-lB for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Strand Replat-1 B, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: ,C~/. Patrick G. White Assistant Collier County Attomey AGENDA ITeM .o. ?~ ,,-r OCT 2'3 ZOO1 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEP.TANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN STRAND REPLAT - 4" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Strand Replat - 4" CONSIDERATIONS: o o On March 8, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - 4" The roadway and drainage improvements will be maintained by the project's homeowner,s association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney,s Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AGENDA ITEM ~o. ,'~. ~ ~ OCT 2 '3 2001 Executive Summary Pelican Strand Replat - 4 Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - 4" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Director Date APPROVED BY: John M~u Dunnuck III, Interim Administrator Community Dev. and Environmental Svcs. Date j rh &GIENOAITE~ OCT 2 2001 T ~S ESM T. ~/1Y"T"I~TT'T'¥' 'k,f,4, ~ NOT Tn .~n Ar.~. !6 EAST, .3RIDA, AGENDA ITEM No. /~"~ "3 OCT 2 ~ 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 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. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN STRAND REPLAT 4, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 17, 1998 approved the plat of Pelican Strand Replat - 4 for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Strand Replat - 4, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: Patri'~k G. White Assistant Collier County Attorney OCT [ 3 2001 Pg:_.. ¢ ..... / EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF PELICAN STRAND REPLAT - 5 OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Strand Replat 5 CONSIDERATIONS: o o o On April 22, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - 5" The roadway and drainage improvements will be maintained by the project's homeowner,s association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AGENDAITEMF'~ OCT e 8 2001 Executive Summary Pelican Strand Replat - 5 Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - 5" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director Date APPROVED BY: John ~: Dunnuck III, Interim Administrator Community Dev. and Environmental Svcs. Date j rh OCT '2.3 2001 ~4 T ~S ESM T. ~CIN!TY MAP NOT TO SCALE 26 EAST, .ORIDA, A~ENOA ITeM ~ - OCT ~ 8 2001 1 2 3 4 5 6 7 8 9 lO 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 55 56 57 58 59 60 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN STRAND REPLAT 5, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY 'THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 20, 1998 approved the plat of Pelican Strand Replat - 5 for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Grdinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Strand Replat - 5, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted af[er motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficien,y: Patrick G. White Assistant Collier County Attorney OCT 001 pg. /7g~ .... , EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "NORTH COLLIER INDUSTRIAL CENTER,, OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "North Collier Industrial Center" CONSIDERATIONS: On September 17, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "North Collier Industrial Center,, o The roadway, drainage, water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the County Transportation Department, with funds coming from their operations and maintenance budget. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AGENDA ITEM - OCT 8 2001 Executive Summary North Collier Industrial Center Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "North Collier Industrial Center" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. o Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thoma'~ E. Kuck~P.E. Engineering Review Director / County Engineer Da(e ' APPROVED BY: JoE M. Dunnuck III, Interim Administrator Co,unity Dev. and Environmental Svcs. Date j rh AGENDA ITEM No. /,' /~' OCT 2 8 2001 BONITA )UBON UN'TRY ;LUB · ~' ' GADALETA // ~UF~UF C~ S~UNO ~ ~ ~E L ~y ~UB ~ O~S ' A ~B~ ,~ ~~~ X~ //~ 'PRO~CT - 0 ' ~ 15 14 ~ ~S iNOU ~IES : ~ ~Y ~OUO~ ~ ~ F~I~ ~ I AUDUI WA'Iq 17 LOCATION MAP (N.T.S.) AGENDA II'EM NO. OCT 2 8 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 6O RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN NORTH COLLIER INDUSTRIAL CENTER, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 17, 1999 approved the plat of North Collier Induslrial Center for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in North Collier Industrial Center, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form' and legal Patrick G. White Assistant Collier County Attorney AGENDA. ITEM ~ Ne. /6 ~',, OCT g '3 2001 I~g. ~ EXECUTIVE SUMMARY AGREEMENT WITH QUAIL II DEVELOPMENT IMPROVEMENTS TO THE COCOHATCHEE WEIR. TO PAY FOR OBJECTIVE: To ensure that the developer pays its fair share of the improvements to the Cocohatchee Weir, as obligated in the Quail II PUD. CONSIDERATIONS: Pursuant to Ordinance 82-68 and 83-52, Collier County requested a fair share contribution of $30,641.60t for improvements to the Cocohatchee Canal in order to meet the stipulations of the Planned Unit Development and stay in accordance with the law. No. 83-52 stipulates that, "A xveir control structure shall be provided by the developer on the project outfall canal near the Immokalee Road Canal." A subsequent letter was addressed from said developer representative to John Boldt, Collier County Stormwater Director that enforced the developer's commitment to reimburse the County. The letter (enclosure) from Mr. Fermin Diaz, P.E. indicated that: "..if a master control structure is constructed on the Immokalee Road Canal, he would participate in sharing the cost of such a structure provided that his portion of the cost does not exceed the cost of construction of the smaller control structure originally planned for the north / south outfall canal." The developer has agreed to these stipulations and has provided a check to the County for said amount. Enclosed for the Board's review is a Release of Obligation that the developer has met the aforementioned requirements of the PUD. GROWTH MANAGEMENT PLAN: There is no impact to the Growth Management Plan. FISCAL IMPACT: The amount of $30, 641.60 will be deposited into the general fund. The South Florida Management District has not indicated a desire to recoup these funds since it is a reimbursement to the taxpayers at large. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the Agreement for Release from Obligation. PREPARED BY: ~'",' ~'")[' 14~I*~ DATE' /('//~//~f9 / ,'q John Dunnuck, Interim Communit Develo ment& ~/_ . Y P "Envwonmental Services Administrator ~ The calculations were provided by the Big Cypress basin of the South Florida Water Management District (enclosed) OCT 2 ,q 2001 BZG CYPRESS BASIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT 6089 Janes Lane, Naples, FL 34109 (941) 597-1505 · Suncom 721-7920 · Fax (941)597-4987 · www.sfwmd.gov/organ/2_bcb.html PRO Cocohatchee III January 30, 2001 Mr. Stan Chrzanowski, P.E. Collier County Government Community Services Division 2800 North Horseshoe Drive Naples, FL 34104 RECEIVED Dear Mr. Chrzanowski: Subject: PUD Ordinances No. 82-68 and No. 83-52 Reimbursement of Developer's Share of Cost for Construction of Weir Pursuant to our recent communications, I am forwarding herewith an engineer's cost estimate for a ~vater control structure with equivalent design discharge capacity of Quail Village stormwater outfall facility specified in SFWMD permit No. 11-00192W. The Collier County PUD Document No. 82-68 and amended Document No. 83-52 stipulated that, "A weir control structure shall be provided by the developer on the project outfall canal near the Immokalee Road Canal." In subsequent communications with the developer's consultant, it was agreed that the placement of the structure will be relocated to the Immokalee Road Canal (Cocohatchee Canal), and its features will be incorporated into a master water control structure to be built by the Big Cypress Basin which will provide water management benefits to a larger basin area. In a letter dated January 21, 1987, transmitted to Mr. John Boldt, County's Stormwater Management Director, from Mr. Fermin Diaz, P.E., the developer indicated that: "...if a master control structure is constructed on the Immokalee Road Canal, he would participate in sharing the cost of such a structure proviz that his portion of the cost does not exceed the cost of construction of smaller control structure originally planned for the north/south out canal." BIG CYPRESS BASIN GOVERNING BOARD AGENDA ITEM ed No. ~,oq he all OCT 2 8 2001 DIRECTOR Trudi K. Williams, Chairperson, Ex officio - Ft. Myers Mary Ellen Hawkins, Vice Chair - Naples Patricia Carroll, Secretary - Naples Garrett S. Richter - Naples JoArm Smallwood - Naples Fred N. Thomas, Jr. - Immokalee Clarence S. Tears, Jr. Mr. Stan Chrzanowski, P.E. January 30, 2001 Page 2 The Big Cypress Basin has since constructed the master water control structure (Cocohatchee Canal Weir No. 2) in 1996, to serve a larger drainage area including the Quail 2 basin. The developer's share of the cost of the structure has been estimated to be $30,641.60, based on the cost estimate of a typical 20 cfs discharge facility with CMP riser and appurtenant elements. I would, therefore, like to request the County process collection of the sum of $30,641.60 from the developers of Quail Creek Village as their fair share contribution for the water control structure built by the BCB utilizing public filnds. Thank you for your continued cooperation. Should you have any question, or need additional information, please do not hesitate to contact me. Sincerely, Director CST/AN/amc Enclosures 1. Typical Equivalent Quail #20utfall Control Structure Drawing 2. Typical Equivalent Quail #20utfall Control Structure Cost Estimate 3. Cost Estimate of Water Control Structure 4. Copy of Collier County PUD Document No. 82-68 5. Copy of letter from John Boldt, dated November 4, 1986 6. Copy of letter from Fermin Diaz, dated January 21, 1987 c: Patrick White, Collier County Attorney's Office AGENDA ITEM OCT 2 3 2001 o ~1 II r~ o II 0 I I I I I I I I I I OCT 2 3 ~001 Typical Equivalent Quail #20utfall Control Structure Cost Estimate Item Unit Quantity Unit Cost Cost 5' diameter CMP LF 48 155 7,400.00 6' diameter CMP LF 8 222 1,776.00 Connector LS 1 500 500.00 Riprap CY 115 36 4,140.00 Fill CY 400 5 2,000.00 MobilizationJDemobilization LS 1 2,000 2,000.00 Dewatering LS 1 10,000 10,000.00 Subtotal: $27,856.00 Contingency (10%) $2,785.60 t Total: $30,641.60 BUDD & BENNETT ATTORNEYS AT LAW IOLTA TRUST ACCT. 3033 RIVIERA DR. STE 201 NAPLES, FL 34103 PAY October 4 2001 TO THE ORDEROE Board of County CommTssioners ~'~_~ty thousand -qix hundred forty~-on~_aJ~d_60/]O0 ............... f|rstunion.com F Ne First Union Nat/one/Bank Org. 003 R/T 067006,I32 Quail II PUD - Cocohatchee Canal Improvemen ts-Developers Contributi on FOR_ ~-1-7-~t "'OOGGI, 2,, J:Or-,?OO&L,~2~:209000],S~,?qhO,, 6612 63-643/670 BRANCH 13094 DATE J $ .DOLLARS ........ · AGENDA ITEM OCT 2 3 2001 pg. ~ 1his insffument prepared by: Patrick G. White, Ass't. Cb/. AH'y. 3301 Tarniami Trail East Naples, Florida 34112 THIS SPACE FOR RECORDING AGREEMENT FOR RELEASE FROM OBLIGATION Collier County, a political subdivision of the State of Florida, through its Board of County Conunissioners (Board or BCC), and David G. Budd, Esquire, as authorized agent of the developers (the Developers) of the Quail II Planned Unit Development (PUD), do hereby agree to be bound by this Agreement for Release from Obligation (Release). The Board does now acknowledge the Developer's payment of $30,641.60 (Thirty thousand six hundred forty-one dollars and sixty cents) for improvements made by the South Florida Water Management District on behalf of the Developers; and furthermore, the Board does hereby agree to and does now release the Developers from any and all further obligations arising from the requirement for the Developers to provide a weir control structure on the Quail II outfall canal near Immokalee Road, as such obligations are stated in the provisions of County Ordinances 82-68 and 83-52, pertaining to Water Management, or the Quail II PUD 92-41, as amended. The Board, as evidenced by its Chairman's signature below, does hereby fully and finally release the Developer from the foregoing obligations, and directs that the Board's Clerk record this Release in the Official Records of Collier County at the expense of the County. Executed on behalf of the Developers: David G. Budd, Esq., Authorized Agent Authorized by the BCC and dated this 2001. day of , ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: James D. Carter, Ph.D., Chairman -Approved as to form a.nd . lega~i is.u f f~iency: Patrick G. White Assistant County Attorney AGENDA ITEM OCT g 8 ZOO1 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MAJORCA I/NIT TWO AT FIDDLER'S CREEK" OBJECTIVE: To approve for recording the final plat of Majorca Unit Two at Fiddler's Creek, a subdivision of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Majorca Unit Two at Fiddler's Creek" 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 "Majorca Unit Two at Fiddler's Creek" 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: $510.00 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 AGENDA ITEM OCT 2 3 2001 Executive Summary Majorca Unit Two at Fiddler's Creek Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: archeological issues There are no historical or EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of ~"Majorca Unit Two at Fiddler's Creek." with the following stipulations: 1. Authorize the recording of the Final Plat of "Majorca Unit Two at Fiddler's Creek." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: JOHN M~. DUNNUCK III, Interim Administrator Commu~[ty Dev. and Environmental Svcs. Date AGENDAITEM 1 ~, No. /G ,'q' OCT 3 2001 pg. ~OLLIF_fl aZ VD. C. UL.F OF M~XI¢O CI~I~~ Cl. Ua CE,~_.8 %., L OCA TION MAP AGENDA I~EM OCT ~ '3 ~001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE WORK ORDER WMI-FT-01-08 WITHIN CONTRACT 99-2981 WITH WILSONMILLER FOR FIXED TERM LAND SURVEYING AND PHOTOGRAMETRIC SERVICES OB~IECTIVE: To approve an additional services proposal from WilsonMiller to provide data development services to Community Development and Environmental Services Division for GIS data layers. CONSIDERATION: The Board of County Commissioners approved a contract with WilsonMiiler on November 28, 2000 under Work Order #WMI-FT-01-01 to create a blueprint for developing and implementing' an enterprise-wide Geographic Information System (GIS) for Collier County. As part of this process, several GIS data layers have been identified for development. According to the Implementation Plan being prepared by the County's GIS Taskforce, it is the responsibility of the participating Departments and Divisions to identify the GIS layers they would like to use and Community Development and Environmental Services Division (CDES) has identified over a dozen layers it would utilize in it's daily operations. Most of the layers are complex and require both expertise and equipment currently unavailable within CDES. WilsonMiller proposes to develop GIS databases using data converted from existing paper map records, existing AutoCAD format digital data, and extracted from current aerial photography utilizing digital data entry methods. The data layers to be developed are: Address Matchable Street Centerlines, Existing and Future Land Use Layers, Zoning with Atlas Application, Planned Use Developments, Miscellaneous data layers, and Integration Support Services. FISCAL IMPACT: Funding for this $108,600 project is already established in the Community Development fund; therefore a budget amendment will not be necessary. The funding source is user fees. GROWTH MANAGEMENT IMPACT: The implementation of the County-wide GIS system will continue to improve staff ability to implement the Growth Management Plan. This system will allow more efficient use of staff and resources, provide more accurate information resulting in better decision- making, and improve customer service. RECOMMENDATION: That the Board of County Commissioners approve Work Order WMI - FT- 01-08 with WilsonMiller under contract 99-298 I. REVIEWED BY: APPROVED BY: APPROVED BY: , lSurchasing D(~ector J/,)~ ~ ~ Date: k~/'m M.'l~un~u~l~, Interim Administrator i~cqmmunity, Development and Environmental Services Ja~nes V. Mudd, I~eputy ~ J County Manager Date: AGENDA ITEM Wi/sd#Mi//er New Directions In Planning, Design & Engineering To: ADDITIONAL SERVICES PROPOSAL Mr. John M. Dunnuck, ill, Interim Division Administrator Community Development and Environmental Services 2800 North Horseshoe Dr Naples, Florida 34104 PSM ."nior Vice-President '~i~iam E. Walter GIS Manager Date: March 30, 2001 Subject: Additional Services Proposal to Develop CDES Division GIS Data Layers as Work Orders under the Fixed Term Surveying and Mapping Contract (RFP//99-2981).: 1.0 OVERVIEW Collier County is in the process of developing an enterprise-wide Geographic Information System (GIS). As part of this process, several GIS data layers have been identified for development. According to the Implementation Plan being prepared by the County's GIS Taskforce, it will be the responsibility of the participating Departments and Divisions to prepare the GIS layers they would like to use. The CDES Division has identified over a dozen data layers it would utilize in it's daily operations. They have also expressed a desire to initiate the development of these layers during Fiscal Year 2001. Most of these layers are complex, and require both expertise and equipment currently unavailable within CDES. This is a proposal to provide Data Development Services for CDES high priority GIS data layers. There are several layers in the County GIS that must be developed early in the process, to allow the creation of other layers, and many applications. One of these is a layer with the capability to have addresses referenced to it. It is our opinion that a street centerline layer, with address ranges, should be developed to meet this need. This layer can be developed independently from the Property Appraiser's Parcel database, and will have immediate applicability for the CDES Division. Of the layers desired by CDES, Existing and Future Land Use Layers, can be developed prior to full delivery of the Property Appraiser's Parcel data. These layers have numerous immediate applications relevant to the daily activities of both the Natural Resources and Planning Departments. We propose to develop these layers next. The remaining CDES data layers are dependant on the Parcel Data Layer for development. Following delivery of this information from the Property Appraiser's Office, we will begin development of the Zoning and zoning based data layers. In addition to Zoning, these are: Planned Use Developments; Activity Center Plans, District and Political Boundaries, Public Facilities; and the Coastal Construction Control Line. ^GE.D^,'~E. Nap/es Fo;t Myers Sarasota Bradenton Tampa www. wilsonmiller, con7 W/IsonM~llec/nc -- FL L~c · LC-CO00~70 pg. I~ Wi~so'nMi~/er 2.0 SCOPE OF SERVICES WilsonMiller proposes to develop GIS databases for the Community Development and Environmental Services Division. This data will be converted from existing paper map records, existing AutoCAD format digital data, and extracted from current aerial photography utilizing digital data entry methods. Several data layers are to be developed, with a task for each detailed below. 2.1 Address Matchable Street Centerlines - Pavement centerline information will be obtained from the Collier County Property Appraiser's Office planimetric data. This information has been developed by tracing the center of pavement as seen on aerial photographs taken in 2000. The resulting data layer requires simplification and post processing to develop a data layer with a single line segment to represent each street segment. The simplified street centerline database will be attributed with the address range for each side of the street segment. WilsonMiller proposes to use the street database from the Collier County Sheriff's Office CAD (Computer Aided Dispatch) 911 system as a base for address information (We currently have this information in-house). Where applicable WilsonMiller will perform field verification of address ranges. The accuracy (matchability) of the database will be tested using lists of verifiable addresses provided by CDES. 2;2 Existing and Future Land Use Layers - These layers will be developed using existing digital data obtained from CDES, South Florida Water Management District, Collier County Property Appraiser, and WilsonMiller. CDES Graphics section currently maintains a zoning based existing land use map in AutoCAD format. Using this data layer along with SFWMD 1995 Landuse information, planimetrics, and current aerial photography (CCPAO, 2000; WilsonMiller, 2001), an existing landuse database will be created. This database will use FLUCCS (Florida Land Use Cover and forms Classification System) Codes to identify landuse to the 300 level (ex. 121 Single Family Low-density). Landuses will be delineated at a two acre level for areas within the urban boundary, and 2-5 acres for remaining non-public lands. Future Land Use will be developed by converting the existing Comprehensive Plan maintained by the Graphics section in an AutoCAD format. This map will be rectified to align with the PAO Basemaps. 2.3 Zoning w/Atlas Application - The CDES Graphics section currently maintains a zoning atlas in a digital AutoCAD format. This data is based on a parcel database obtained from the Property Appraiser several years ago. This, data will be converted to a GIS database, and spatially adjusted to align with the newly created PAO Parcel Map. In order to create this database, the Parcel Map GIS Layer must first be acquired from the PAO. Zoning codes and notations will be added to the GIS database as annotation, and will be quality controlled using zoning information provided by CDES. Along with the zoning data layer, WilsonMiller will also prepare an application to create the Zoning Atlas Map Book currently created by the Graphics section. This application will allow them to reproduce the Zoning Atlas using the GIS software tools to be acquired by CDES. WilsonMiller - Spatial Index Update Page 2 AGENQA ITEM · OCT 2 3 2001 WJlsdnMi//er · 2.4 Planned Use Develop,nents (PUD's) - This data layer is used by many departments to track planned and existing development throughout Collier County. The CDES Planning department currently maintains a spreadsheet containing statistics about each PUD, DRI, and CPD in Collier County. This database tracks items such as the approved units, golf holes approved, units built, and total project acreage. This data table will be linked to a GIS graphic layer created by converting the PUD map maintained by the Graphics section in AutoCAD. This map will be aligned with the Zoning data layer. WilsonMiller will also provide staff direction on keeping the database and map current. 2.5 Miscellaneous Data Layers - The remaining layers identified by CDES for data development; CCCL, District/Political Boundaries, Public Facility Locations, and Activity Center Plans; can be created with reduced effort following the acquisition of the PAO Parcel Maps. These layers will require integration of existing survey information, legal descriptions, address and parcel identification numbers, and digital AutoCAD files. In addition, existing GIS databases will be obtained from relevant State and Regional Agencies (FDEP, FNAI, FWC, FMRI, SFWMD, RSWFPC), and integrated into the CDES database. All of these miscellaneous data layers are used by CDES departments for review of development plan submittals, and will allow staff immediate use of GIS applications. 2.6 Integration Support Services - Until the CDES Division hires the GIS Analyst (budgeted for FY02), it will need technical support to integrate GIS software and data layers into it's everyday operations. WilsonMiller proposes to install the ESRI GIS software, and the data prepared in the tasks detailed above. We will also design the data storage structure for data on the CDES data server. CDES is planning to train a minimum of 12 personnel to use ESRI's ArcView GIS software package for use in daily applications. We further propose to provide on-call technical support and will provide on-site support (if necessary) for these trained personnel. We would prefer to identify and train a "power user", most likely staff of the Graphics section, to act provide initial support, and we will support him when needed. This task will be on a Time and Materials basis. 3.0 DELIVERABLES The County will receive ESRI compatible databases in a digital export file (.e00) format on compatible media format (CDRom, Zip Disk, etc.) All databases will have a spatial accuracy equivalent to the basemap data prepared by the Collier County Property Appraiser's Office. All databases will be developed and checked for accuracy using information provided by CDES Staff. The GIS Databases will be delivered in a draft format at least two weeks prior to estimated delivery date for client review of completeness and accuracy. WilsonMiller will assist with the installation of the data, software, and applications onto the CDES data server and identified workstations. We will also provide limited on-call technical support to CDES Staff. This data development project should take no more than 8 months (240 days) to accomplish. NOTE: Several tasks are contingent on the CDES acquisition of computer hardware and GIS software. It has been assumed in this proposal that CDES will acquire a GIS data server and sufficient ESRI ArcView8 licenses, along with training for selected staff prior to the delivery of the data, and prior to start of Task 2.6 ^GE.D^ ~TEM No. _/4. ~ WilsonMiller- Spatial Index Update Page 3 OCT 2 3 2001 January 12, 2000 Pg. ~ WilsdnMiller 4.0 PROJECT FEES Based on the level of effort necessary in developing the following layers for the pilot project, and on the review of previous data development projects, we estimate the fees for developing the FY01 CDES GIS Data Layers, and providing Data Integration Services to be as follows: Task 2.1 Address Matchable Road Network 2.2 Existing and Future Land Use 2.3 Zoning (w/Atlas Application) 2.4 Planned Use Developments 2.5 Miscellaneous Data Layers 2.6 Integration Support Services TOTAL Type Fee Cost FIXED $ 48,000 FIXED $ 24,800 FIXED $16,600 FIXED $ 2,4O0 FIXED $ 4,800 TME' $12,000 $108,600 5.0 ACCEPTANCE AND AUTHORIZATION TO PROCEED As this is a request for work orders under an existing contract, authorization to proceed will be assumed with the issuance of a Collier County Purchase Order(s) for the services listed above. This proposal does not include the following products and services requested by staff for FY01: 1. Addressing / PAO Solution (address point layer) 2. ArcView Software (7 licenses) 3. Plotter and GIS Data Server 4. ArcGIS Software Training (12 Personnel) 5. Integration of CD+ Application into GIS Sub-Total $ 48,000 (WilsonMiller est.) $ 21,105 (attached) $ 2O,OOO $ 6,000 $ 40,000 (WilsonMiller est.) $135,105 TOTAL GIS FY01 $243,705 Software quote is separate and attached. Item I and Item 5 are related in scope and therefore can be combined into one proposal, separate and additional to this one. An additional services proposals for Item1 and Item 5 will be submitted upon request from CDES. OCT 2 3 2001 .g._ WilsonMiller- Spatial Index Update Page 4 January 12, 2000 WORK ORDER # WMI-FT-01.08 Agreement for Fixed Term Land Surveying and Photogrammetric Services Dated January 25, 2000 (RFP 99-2981) This Work Order is for professional surveying services for work known as Geographic Information System (GIS) Project: Collier County entered into a contract with WilsonMiller (WMI-Fr-01~01) to create a blueprint for implementing an enterprise-wide GIS system for Collier County. This additional services proposal identifies GIS data layers utilized by Community Development and Environmental Services Division for development. The work is specified in the proposal dated March 30, 2001, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # WMI-FT-01-08 is assigned to WilsonMiller. Scope of Work: Task 2.1 2.2 2.3 2.4 2.5 2.6 As detailed in the attached proposal and the following: Address Matchable Road Network Existing and Future Land Use Zoning (w/atlas application) Planned Use Developments Miscellaneous Data Layers Integration Support Services Schedule of Work: Complete work within 240 days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Three of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount of $ 108,600 as provided in the attached proposal. Task 2.1 Address Matchable Road Network - $ 48,000-' Task 2.2 Existing and Future Land Use 24,800. Task 2.3 Zoning (w/atlas application) 16,600 Task 2.4 Planned Use Developments 2,400 Task 2.5 Miscellaneous Data Layers 4,800 Task 2.6 Integration Support Services 12,000 TOTAL FEE $108,600 113 138900 634999 Pr~ect00000-$108,600 Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. APPROVED BY: J?hn M. Dunnuck, Interim Administrator Date Community Development and Environmental Services APPROVED BY: Date AGEND~ ITF~M NO. /'6,,~ lc~ OCT 2 3 2001 Approved as to Form and Legal Sufficiency: . Assistant County Attorney Date James D. Carter, Ph.D, Chairman Board of County Commissioners Date ACCEPTED BY: (JvBy. igonOOhn~ X;i}~,eeJl, PSM, Senior Vice President Type or Print Name and Title ATTEST: ~ecSetary/Treasurer WilsonMiller Type or Print ~'ame and ~itle Date Date AGENDA ITEM OCT 2 3 2001J Pcj. r~ _ EXECUTIVE SUMMARY PETITION CARNY-20001-AR-1604, REVEREND JOSEPH SPINELLI, O.S.A. PASTOR OF THE ST. ELIZABETH SETON PARISH, REQUSESTING A PERMIT TO CONDUCT A CARNIVAL/FESTIVAL FROM NOVEMBER 7, 8, 9, 10 AND 11, 2001, ON THEIR PROPERTY LOCATED AT 5325 28TM AVENUE SW. OBJECTIVE: Reverend Joseph Spinelli, O.S.A., Pastor, of the St. Elizabeth Seton Parish, is requesting that the Board of County Commissioners render an approval to conduct a carnival/festival on the grounds of the St. Elizabeth Catholic Church grounds located at 5325 28th Avenue SW during the time period of November 7, 8, 9, 10 and 1 I, 2001. This is an annual fund raising event in support of school programs. CONSIDERATIONS: St. Elizabeth Seton Parish has met all requirements of the carnival/festival permit procedures. The applicant has contracted with Waste Management of Collier County for removal of trash from the grounds and enlisted their employees and volunteers for the clean up of their property after the carnival is over. FISCAL IMPACT: The $275.00 permit application fee does cover the cost of the processing and required inspections. This event has been an mmual event for some years and they have no history of not restoring the grounds to their normal condition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Conmfissioners approve the permit application to conduct the carnival/festival. Staff reconunends approval of the pernfit. PREPARED BY //~USAN MURRAY, AICP ~ CURRENT PLANNING MANAGER REVIEYVED BY: ./THOMAS E. KUCK, P.E. ' ACTING ITERIM PLANNING SERVICES DIRECTOR A~R. OVED BY: ... JOI~ M. DUNNUCK, III INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. /c DATE DATE DATE OCT 8. ZOO! Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners Trans Number 'Date Post Date ' Payment Slip_ Nbr 293913 10/16/2001 9:28:31 AM 10/16/2001 ~AR 1604 Appl Name: ST. ELIZABETH SETON CATHOLIC CHURCH Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: 2760 52ND TERRACE SW NAPLES FL 34116 Proj Name: ST. ELIZABETH SETON SCHOOL ADDITION Type: TAZ: 90/97 Subdiv Nbr: 623 Project Nbr: 19992845 Payor · ST ELIZABETH SETON Fee Information Fee Code Description GL Account Amount Waived 11CIRC FAIR & CIRCUS PERMITS 11313890034122000000 $275.00 Total $275.00 Payment CoSe CHECK CHECK Memo: Payments Accoun¢Check Number Amount 2114 $25.0O 2113 $250.O0 Total Cash Total Non-Cash Total Paid $0.00 $275.00 $275.OO' Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: GARRETT S / 1 User: SMITH G Printed:10/16/2001 9:29:12 AM St. Elizabeth Seton Church 2760 52nd Terrace SW Naples, FL 34116 941-455-3900 FAX 941-455-6895 October 10, 2001 Commissioners of Collier County Board of county Commissioners PO Box 413020 Naples, FL 34101 Dear Commissioners: St. Elizabeth Seton Parish will be conducting the annual Festival to raise funds for the operation of the Church and our Elementary School in Golden Gate. The Parish Festival will take place on November 7, 8, 9.10 and 11, 2001. The hours will be 6:00 to 10:00 p.m. weekdays and 1:00 to 11:00 p.m. on Saturday and 1:00 to 9:00 p.m. on Sunday. The Golden Gate Fire Department, Collier County's Ambulance service, and the Sheriff's Department have all been informed as to the time and place of the Festival. Waste Management of Collier Count,',' has been contacted and will be responsible for removing the trash from the erounds, and if this fails, the Church assumes the responsibility of removing the trash. There will be portable toilets in several locations. There will be parking facilities in the lot adjacent to the church, at Winn Dixie Plaza, at K-Mart Plaza and also the Bank America parking lot. Enclosed please find a drawing designating the location of the booths, rides, and other facilities for the Festival. Sincerelv, ~ Re,,'. Joseph Sp~nelff, osa Pastor AgEHOA ITEM OCT ~ 3.ZOO1 NOTE: Please read reverse sid~ before completinq this Petition. Copy: Zoning Director Copy: Petitioner Copy: (4) County Manager Original Form: 11/4/75 FAX f21BILLV_AL__Q~ E PA T I O N PETITION PETITIONER'S NAME: Et. Elizabeth Set~n Catholic Church PETITIONER,S ADDRESS: 2760 52nd Terrace 5W Golden Gate, FL 34116 TELEPHONE: PROPERTY OWNER'S NAME: Et. Elizabeth Seton Catholic Church PROPERTY OWNER'S ADDRESS: 2760 52nd Terrace 5W a55-6 Golden Gate, FL 34116 LEGAL DESCRIPTION OF SUBJECT PROPERTY: TELEPHONE: 455-3900 FAX Church & School a55-68 GENERAL LOCATION: 5325 28th Ave. SW , CURRENT ZONING: Church CURRENT USE: Church property NATURE OF PETITION: Festival November THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. EXPLANATION, SEE REVERSE SIDE.) (FOR 3.a. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2). 3.e.5) 3.e.8). 3 .c. 3.e.3)... 3.e.6) 3.e.9) 3. d. Comments: DATE REVIEWED by Board of County Commissioners: ..,A..p_p___~pv~} Conditions of Approval: Disapproved: A~IENDA ITEM OCT z ;/UUl - SIGNATURE OF COUNTY MANAGER Excerpt fi'om Ordinanc~ No. 75-11, Filed Secretary of State 3/6/75 3 Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival "or exhibition site, an application for a permit shall be submitted to the County Administrator in four (4) copies accompanied by: a) A surety bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b) Evidence of current public liability insurance coverage, issued by a company authorized to do business in the State of Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c) A non-refundable fee of $275.00. d) A current occupational license issued by the Collier County Tax Collector, and e) Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(les) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of every activity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) 6) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance No. 74-45. The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition; 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of his for such carnival activity; 10) Legal description of property to be utilized. CARNIVAL PETITION APPLICATION ~remises natnD^ ~ OCT 2 3 2001 % JJ~Q_LV_ID_U_Ak BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: st ELizabeth Seton Festival Name of booth: Person in charge of booth: Wesley Bates Types of Rod or beverage to be se~ed: soda, coffee, hot chocolat~ Hamburgers, hot dogs, Italian snusage, cake & cook~es fish & ch~ps, oriental. B~r-b-q~. Onio~. pizza, stea~ Florida Administrative Code, Chapter 64E-11 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food .preparation: approved food booths and health inspected on qrounds kitchen How will food be transported to event location? n/a Method of keeping food hot and/or cold at event site: each booth contains refriqerator& stove Method of cooking food at the location: stove at each booth Food must be protected from dust, insects, flies, coughs, sneezes. you provide this protection? Describe type of structure: each booth is screened in metal How will Adequate facilities and supplies shall be provided for e,-nployee handwashing. How will you provide this? each booth has a sink A~ENDA ITEM N~ OCT g 3 ZOO1 Failure to comply with applicable food service requirements in accordance with Chapter 64E-11, Florida Administrative Code, ma/y'result in enforcement action. Do you understand this completely? Yes ¢" No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. ! understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. ' signa,,.~'~ of ap?licant ~ENDA No. OCT g 3 Z001 BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: st Elizabeth Seton Festival Name of booth: Taffy Wagon Person in charge of booth: John Tolve Types of food or beverage to be served: Soda, popcorn, cotton candy, taffy coated apples Florida Administrative Code, Chapter 64E-11 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food .preparation: n/a How will food be transported to event location? n/a Method of keeping food hot and/or cold at event site: electric stove and refriqerator Method of cooking food at the location: stove Food must be protected from dust, insects, flies, coughs, sneezes. you provide this protection? Describe type of structure: enclosed wagon How will Adequate facilities and supplies shall be provided for e,"nployee handwashing. How will you provide this? sink OCT 2 3 Z001 Failure to comply with applicable food service requirements in accordance with Chapter 64E-11, Florida Administrative Code, may r/esult in enforcement action. Do you understand this completely? Yes /.// , No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. Si(~ra/.,~ of aCpl~cant ~ ,/// /' , . Date: OCT 2 3 2001 SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event st. F. llzabeth Seton Festival Address of event Date(s) of event Sponsor of event 2760 52nd Terrace SW, Naples, FL 34116 · weekend mtO. Nov. 7-8-9-10-11 , Hours ofoperahon 6 ~o ?~o~. St. Elizabeth Seton Parish Person in charge of food service Wesley Bates Phone 353-3616 Number of food and beverage booths ~. 4 Estimated number of attenders expected at the event at one time? 5000 llp.m. Number of toilets to be provided: Portable: Male (12) Permanent: Male ( ) Method of toilet waste disposal: Waste Hanaqement/Sanitary Female (12) Female ( ) Dept Describe method ofliquid kitchen waste disposal: City water and sewer with grease trap Describe containers and method of solid waste disposal (garbage): Garbaqe cans with plastic liners Number of solid waste disposal containers provided: Describe facilities and method of handwashing: runninq water with sink 3-20 yard dumpsters Describe facilities and method of utensil washing, rinsing and sanitizing: Commercial dishwasher Source of potable water: city water AGENI~ rr~M ' lee. OCT 2 3 Z001 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp' ~ may subject the booths to be closed for pub~,¢ health reason. Do you understand this completely? Yes '~./ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. 8ig¢~(U re o: ..spon ~s~s agent Date: AOEN~ ITeM 0CT 2 3 2001 LOCATION: ZONED: COLLIER COUNTY OCCUPATIONAL LICENSE TAX COLLIER COUNTY TAX COLLECTOR · 2800 N. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 403-2477 VISIT OUR WEBSITE AT: www.collierlax.com THIS LICENSE EXPIRES SEPTEMBER 30, · ~ -~ ~ --' T .... -,.. ~ ' i' ;~'., I DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTIO~ FAILURE TO DO IS CONTRARY TO LOCAL LAWS. LEGAL FORM. PROFESSIONAL REG NO. BUSINESS PH( INDIVIDUAL PARTNERSHIP CORPORATION SEATING CAPACITY ,'.~ ,- . ROOM COUNT - % ' ',' "' .~';_:.: ._ ,: .. :~ .. NUMBER OF VENDING MACHINES PHONE COUNT CLASSIFICATION r':~ [..j .-..~il ~., ,"..,~ : -; ~ L. ~ '~'. ~'.. ~' .-.," ' ., SEPTEMBER 30 i ..... OCT g 3 Z001 :';~"t~.' OLD REPUBLii SURETY P O BOX 4662 ~''' WINTER PAR[<, FL 32793-466~ CONTINUATION CERTIFICAT 320968 ..... PERMIT "1/15/20.00 il/!5/20~ ST. ELIZABETH SETON 2760 52ND TERRACE S.W. NAPLES, FL 33999 FESTIVAL BD COMM. COLLIER cry 3301 E. T~Mi:~Mi TR NAPLES, FL 33962 ~ S BOND CONTINUES N FORCE TO THE ABOVE~XPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECD',ER'ES ON ~T AND .ANY AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALT~ SET FORTH IN ~HE BOND AND WHETHER THE LOSSES OR RECCbERIESAREVV1THIN THE FIRST AND, OR SUBSEQUENT OR '2~ITHIN AN¥ :~XTENSlON OR RENEWAL PER OD ~RESENT ;ASTOR FUrl RE ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED SIGNED AND DATED THIS SEVENTEENTH ':" 92-3565 "' R l E D.M.~N CORPORATION D O BOX 2488 BONITA SPRINGS, Fl 34133- 2"83= DAYOF AUGUST, 2000 OLD REPUBLIC SURETY COMP.~_NY , OCT 2 3.. 2001 Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 October 5, 2001 Rev. Joseph Spinelli St. Elizabeth Seton Church 2760 52"d Terrace SW Naples, Fl. 34116 Dear Re,,'. Spinelli: We have received and are reviewing your request for security for the St. Elizabeth Seton Festival. running from November 70` - November l 1th, 2001. Questions or concerns should be directed to me or Sergeant John Mausen, as representatives of Sheriff Don Hunter. Sincerely yours, Lt. Scott Stamets Golden Gate Substation SS/ajs cc: File GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-69Ol (941) 455-2121 · FAX (941) 455-7 October 1 O, 2001 Reverend Joseph A. Spinelli St. Elizabeth Seton Church 2760 52"a Terrace S.W. Naples, Florida 34116 Dear Father Spinelli' This letter is to acknowledge receipt of your correspondence pertaining to the St. Elizabeth Seton Catholic Church annual festival to be held on November 7, 8, 9, I0 and 11,2001. This department does not object to your having the festival, however, we must insist that all fire codes and safety codes be strictly adhered to. In addition, it will be necessary for all festival facilities to be inspected by a fire department inspector after the5' are set up and prior to their being opened to the public. Thank you for your cooperation. Sincerely, Donald R. Peterson Fire Chief DRP/pm OCT g 3 2001 0cT--16--2001 08:31 PM ?8354922:384?:3866 F~X ~0, WASTE MANAGEMENT OF COLUF,.R COUNT/ 4G~O ~X~AI~E SERVICE AGREEMENT hlON t-IAZA R P~X.k~I WA~T~ 94!4556895 P. 02 8416406644 P, 02 No. 03822:26 R F...ASON COO E -T'-'/-- £FrE~T,VE BAT, BILLING T~.~ ...... ... ~ ~dLL TO AC, CT · I x (~r,O~N,. aTE P.O. Nu~H~.r~ ............. ~.'A X,~I~LI~., THE UNDERSIGNED INDIVIDUAl,. SIGNING THIS &GRIltMENT ON BEI"IAL,F OP CUSTOMER ACKNOW'L. EDi3E8 THAT HE/-qHE I-lAB READ AND UNOERSTAI4DS THE T,ILNMlt AND CONDITION9 OF THIS AGREEMENT, ON REV£Rf~ E SIDE. AND THAT HF..JBHE HAS THE AUTHO~TY TO ~I~N ON BEHALF OF CUSTOMER- 'rERME~; NET 10 D^Y8 TO~ ZONE DUNK TANK BASK. ET'BALL TOSS IFESTWAL 'l BUILDING CHURCH I I~ HOUSe' ~ Permit No. STATE OF FLORIDA · COUNTY OF COLLIER: PERMIT FOR CARNIVAL EXHIBITION WHEREAS, ST. ELIZABETH SETON CATHOLIC CHURCH, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a festival; and WHEREAS, ST. ELIZABETH SETON CATHOLIC CHURCH, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a festival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such festival will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO ST. ELIZABETH SETON CATHOLIC CHURCH, to conduct a festival from November 7, 8, 9, 10 and 11, 2001, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this ~ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: Approved as to Form and Legal Sufficiency: Marj oridJlVl. Student Assistant County Attorney JAMES D. CARTER, PhD., CHAIRMAN tb~hibit Block 204 and 205, Golden Gate City, Unit 6, according to the plat thereof, as recorded in Plat Book 5, Page 1! of the Public Records of Collier County, Also lot 5, Block 201, Golden Cate, Unit 6, accorOing to plat book 5, PAges 124 to 1~, inc. Public records Collier County. Fl. OCT 2 ~ 200_~ EXECUTIVE SUMMARY THIRD AMENDMENT TO THE 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY TO INCLUDE EXPENDITURES UP TO $500,000 FOR THE DISASTER RECOVERY MARKETING PLAN FOR COLLIER COUNTY FROM THE DISASTER RECOVERY FUND OBJECTIVE: To have the Board of County Commissioners approve an amendment to the 2001 Tourism Agreement to include expenditures up to $500,000 from the Disaster Recovery Fund for the Disaster Recovery Marketing Plan for Collier County. CONSIDERATION: On September 11, 2001, terrorists attacked Ne~v York and Washington. Because of these attacks, our county could lose millions of dollars in tourist spending by the end of the year. The Tourism Alliance after careful research and review, based upon national, state and local reports is requesting $500,000 from the disaster recovery marketing fund for a comprehensive campaign which will begin November 1, 2001 to counter the current doxvnturn in Collier County Tourism. This plan will supplement marketing dollars already budgeted, and because a portion of the proffam is a cooperative advertising opportunity with the state agency's Visit Florida program, the total number of dollars dedicated to this program exceeds $750,000. The mass media campaign, designed to kick-off upon approval, includes direct mail, broadcast and Internet advertising, enhanced with special supporting efforts in public relations, research and fulfillment. The efforts are focused on the in state and drive markets, in addition to our most critical long distance domestic markets. Television and radio campaigns will be conducted over two and three week periods, respectively, and were chosen for their immediate impact and measurement, as well as our ability to quickly change strategy, pending changes in the marketplace. Attached is a detailed "Exhibit "B" which out lines the expenditures of the $500,000. There will be no deviated from the "Exhibit "B" without prior Board approval. FISCAL IMPACT: Funds in the amount of $1,055,600 are available in the Tourist Development Tax Fund 196 (Disaster Recovery). RECOMMENDATIONS: That the Board of County Commissioners approve staff's recommendations, deems the expenditures a public purpose and authorizes a budget amendment up to $500,000 from the Disaster Recover Fund (196) to the Tourism Alliance budget for the Disaster Recovery Marketing Plan for Collier County and have the chairman sign the amended 2001 Tourism Agreement. PREPARED B .u f (.~.'(~2ff- DATE: ~¢4[e E:Eichhom, TDC Coordinator l~using and Urban Improvement Oreg Miha/c,'l~i~ec~or Housin~g arid Urban Improvement APPROVED BY: ~,.. ~. )ll~La.)~ DATE: J~m M.' Du~m~ck,"I~nterim Administral[or O0mmunity Development & Environmen, tal Services /?-(2,1 THIRD AMENDMENT TO THE 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY TO INCLUDE EXPENDITURES UP TO $500,000 FOR THE DISASTER RECOVERY MARKETING PLAN FOR COLLIER COUNTY FROM THE DISASTER RECOVERY FUND 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 advertising/promotion of Collier County nationally and internationally and special events; and WHEREAS, the COUNTY desires to fund advertising/promotion 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 PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A" and Exhibit "B" the GRANTEE shall provide the advertising/promotion of Collier County and s..~;~ ..... ,~ +,.~, .... ~;c~ .... ~.. **,^ w~...4~ ^,: .... c..~.;~ ~ .... + ^--~:~+:~-~ The attached Exhibit "B" outlines a Disaster Recovery Marketing Plan for Collier County. 2. PAYMENT: The amount to be paid under this Agreement shall be for the remaining funds in the Tourism Alliance Fiscal Year 2001 Budget. The amount to be amended to this agreement shall be in the amount up to Five Hundred ($500,000.00). All funding, including funding from the Fiscal Year 2002 Thousand Dollars OCT 2 3 2001 extension period, shall be requested from and must receive the express approval of the Collier County Board of County Commissioners. 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 GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Exhibit "A" will be paid by COUNTY and only if inconformity with Paragraph 2 herein. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or ~ DA J,T~- M, any extension or renewal thereof. No. \/.~ OCl .~,,i 4. .1NS~CE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: expenditures and require unreasonable expenditures. BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABiLITY-Statutory 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 tkis 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 period. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE 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 agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of repayment if invoices have been paid under this Agreement for The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description ~ .~.. , , , ~.~ · 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 COLrNTY 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. Eichhom 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 PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Second Amended Agreement during the extension period with or without cause by giving 5 days advance written notice of such termination, specifying the effective date of the termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of C4eun~y~-.C. 9~J_s.s.i.o.~n_e, rs 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 agreement, GRANTEE shall provide the County with a full accounting of all expenditures for Fiscal Year 2001, including the extension period. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years a~er final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. 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 Third Amended Agreement became effective on October 1, 2001 and shall terminate no later than December 1,2001. 15. AVAILABILITY OF FUNDS This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT: If advertising and promotion: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Manager or his designee within sixty (60) days of the expiration of this Agreement. If an event: GRANTEE shall monitor and evaluate the event identifying the success or failure of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days I ' AGFNDA iTEM of the date of the event. No._.q4::v_~_~_ Pg. ~./ 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 19. COOPERATION: ALLIANCE 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 agreement, including, but not limited to drawings, paintings, photography, film, video, and printed documents, unless specifically exempted by the COUNTY. IN WITNESS WH~EREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DYVIGHT E. BROCK, Clerk BOARD OF COUNTY COMM/SSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PhD, Chairman WITNESSES' GRANTEE TOURISM ALLIANCE OF COLLIER COUNTY, 1NC. By: Printedq'yped Name Pfinted.~Typed Name (2) Print ed~,Tsped Title Printed Typed Name Approved as to form and legal sufficiency Jacqueline Hubbard Robinson, Assistant County Attorney EXECUTIVE SUMMARY REQUESTING DIRECTION TO REVISE THE ENABLING ORDINANCE THAT SETS FORTH THE REQUIREMENTS FOR THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICES TAXING UNIT (MSTU) ADVISORY COMMITTEE OBJECTIVE: To request Board approval for staff to review and amend the enabling ordinance setting forth the requirements for the Immokalee Beautification MSTU Advisory Committee. CONSIDERATIONS: The Immokalee Beautification MSTU Advisory Committee has requested County staff take the necessary steps for the Board of County Commissioners to amend Ordinance #90-8. The requested revision to the ordinance would allow for "eligibility of one seat on the advisory committee to be a business owner, resident, or appointed representative of a local business." FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board direct staff to review and amend the enabling ordinance (Ordinance #90-8) setting forth the requirements for the Immokalee Beautification MSTU Advisory Committee. SUBMITTED BY:_ _~~_ Bob P..e.3ersen, Project Manager, Landscape bpera.tionk REVIEWEDBY: ~ * ,~, ~ /~-rl5~- o/ Pa..~q'a"O. Lulic,_h,.>~ASt~,~andscage43~erations Manager DATE: Ed~rd). K~~anspo~ation Operations Director No~a~ E. Feffer, ~ranspo~ation Administrator / REVIEWED BY: APPROVED BY: DATE: /O '8'6)/ DATE: : DATE: "/~/~/~[ OCT 2 3 2001 · ~ ~ C~lii~r o~m~ ~ ~o. ?7-§2, creatir~ the I~eo ~t fo~ Lhe ~ of offi~: ~ Words e~k-threugh are deleted; word~ ~ are ,~,~. 1 :l 2 3 2001 N~4, Tr~REIn~RE, BE IT 0R~A/~ED ~Y THE B~,RD OF CCGNTY ~ No. S6-65. A. ~ ~t~ ~1 ~ of ~n (7~ five ~ No. 86-65. ~ (3) of f~ (4) y~. *. are deleted; words ~ ar~ adde~. 473 ~CT 2 3 2001 ~ NO. 86-65. are deleted; words 1~ ar~ added. 2 3 2001 1 1 BOARD OF OJ. lqrY OCI~U~SSIONtltS /~ 4 2 3 2001 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the .-,~ Twentieth Judicial Circuit, Collier County, Florida, do ..' hereby certify that the foregoing is a true copy of: ~. Ordinance 90-8 · % which was adopted by the Board of County Commissioners on the 23[h day o£ January, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of January, 1990. JAMES C. GLEES Clerk of Courts and Cler.~% Ex-officio to Board of Deputy Clerk ',~, '. .'~,4''.. ' ~?.¢.~.~.~ ,.. ,oo 037. ,: 476 2 3 2001 IMMOKALEE M.S.T.U. BEAUTIFICATI O N CO M M'I T'FEE September 20, 2001 The Honorable Jim Colctta Commissioner, District 5 Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112-3602 RE: June 20, 2001 Minutes oflmmokalee Beautification M.S.T.U. Advisory Committee Dear Commissioner Coletta: My apoto~es for rny untimely response to your letter dated, August (.;, 2001 rcqucstin~o thc list of* code violations in Immokalec. Thc list is enclosed per your request. I wish to address one other issue with you, ifI may. The issue has to do with the committee's desire to amend the current M.S.T.LJ. Ordinance to allo~v for some flexibility in one seat. Currently the ordinance allows only tbr lmmokalec residents to serve on the Committee. In a letter to you (dated February 6. 2001 ) I requested an exception to the current ordinance's dictates, in order for mc to stay active on the committee until the end of my term in September of 2002. In addition to the request Ibr exception; staf'f'was directed by a motion at the January 17m meeting (it is in the minutes) that thc ordinance be modify' to allo~v for "eligibility of one seat on the committee Io be a lmsincss owner, resident, or appointed representative ora local business." I work full t/mc as a senior manager ora local business in Immokalee which would make me eligible to continue to serve on the committee. I questioned staffabout the status of this at the September 19'h meeting m~d I was advised "that there was never adirect request made to change it." I did m~t have immcdialc recall of thc January motion, so I could not further argue thc issue with staff. Enclosed you will find a copy of the January minutes where thc motion was made tls well as mv February letter requesting exception. I request your assistance in bringing this matter to fi'uition. On behalf of the entire committee I would like to thank you lbr your intcrcst and concern fi~r the community of Immokalee. ~~.~incerely' ~ Demse A. Smith Chairman Enclosures (3) CC: M?Ed Kant, Transportation Services Director -,..,,,.Mr. Bob Peterson, Transportation AGENDA~ IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMiVIITTEE II. III. IV. VI. VII. IX. The Immokalee Beautification MSTU Advisory meeting of January 17~, 2001 was called to order at 3:00 P.M. ATTENDAaNCE: Members present at the meeting were Denise Smith, Rim Avalos, Val Prince, Bob Petersen, Sharron Tiros, Michael McGee, and Robert Kindelan. Dorcas Howard, excused. Latorie \Vhipple, Secretarial services. MINUTES: Sharon motioned to accept the minutes of December 20, 2000. Rita second. The minutes xvere approve L~',IDSCAPE i~LFFlNTENA2qCE RE. POE.T: Maintenance will continue as normal. They will finish mulching by the next meeting. There are nine Foxtzils missing due to cars and pedestrians. The seven on going leaks are being repaired. There xvere some minor damages to plants due to the cold. There xvas some concern as to xvead~er or not the MSTU would be charged on the water bill for the leaks. The MSTU should not be charged over for the leaks because there is a specified amount of water that floxvs and that is what the MSTU is charged for. Val will bring a copy of the xvater bill to the ext meeting for the new fiscal year that began in September. L~,NDSCAPE A~RCHITECT'S REPORT: McGee and Associates are currently flushing out the channel drains. There were some concerns with the sxveeping. Because the sweeping is done early in the day, the sxveepers cannot get around the parked cars and the trash builds up along the curb. Robert is going to look into getting them to sweep at least one night during the week to decrease the buildup of trash. Val will follow up on the sodding for the turn backs. Thc sign has mildew and some cracks: Val will follow up on the repairs. The lighting is being checked and fixed. See report for a complete list of problems. TtL%NSPORTATION ADMINISTRATION REPORT & BUDGET UPDATE: There has not been a confirmation on the carry forward as yet. The FDOT has a beautification grant which will be divided between the MSTU's. The Immokalee MSTU could receive $500,000 for beautification. Denise will write a follow up letter regarding the funds to Mr. Lovell. OLD BUSINESS: The Main Street Board did not follow up with Denise on filling a chair. NEW BUSINESS: Rita moved to direct the county representatives to modify the eligibility of one seat on da¢ committee to be a business oxvner, resident, or appointed representative of a local business. Sharon seconded the motion; all were in favor. Motion accepted. PUBLIC COMMENTS: NONE ADJOUt~NMENT: MeetingAdjoumed at 4:05pm The next.meeting is tentatively scheduled for February 21, 2001 ~ 3 pa Collier County Government Center · 3301 Tamiami Trail East · Naples, Florida 341 AG~NDg,-ITEM OCT 2 3 2001 Pg. ~ Denise A. Smith C/o 1400 North 15"' Street Immokalee, FL 34142 February 6, 2001 Collier County Board or County Commissioners 3301 E. Tamiami Trail, Building F, 34 Floor Naples, FL 34112 Dear Sir or Madam: This Ietter is to request your approval of an exception to county ordinance. I was re-appointed by the BCC on February 9, 1999 to serve on the Immokalee M.S.T.U. Beautifica[ion Advisory Committee, with the term expiring September 23, 2002. I currently serve as the chairperson of this committee. My residence at the time of this appointment was within the M.S;T.U. boundaries. However, I currently reside in Lehigh Acres, Florida in order to be closer to my aging mother. Presently, I continue to work in lmmokalee and my daughter stills attends school in Immokalee. Recently I discovered that I could no longer serve on the committee because the wording in the Ordinance limits membership to those who reside within the M.S.T.U. district. I request an exception to this ordinance, in that I am allowed to continue to serve on the committee until my term expires next year. On May 8, 2000, I corresponded in writing to Mr. Ed Kant requesting amendment to the ordinance for allowing persons residing outside the district to serve. This request was due in part to the difficulty in locating people to fill ~o vacancies on the committee. Mr. Kant responded immediately and stated that he had prepared a Request for Legal Services (RLS) to the County Attorney's Office for assistance with an ordinance revision. County Attorney David Weigel responded on June 12, 2000 to Mr. Kant that this was possible. Mr. Weigel stated, "Typically, this is accomplished by the appropriate staff person or department or the advisory committee chairman representing the view of the committee, or both, to come before the Board of County Commissioners with a regular agenda item making that very request. The Board upon public consideration of such request may direct staff or the County Attorney Office to prepare a draft Ordinance amendment to be advertised for a future Board meeting date." I have not heard further from staff on this and have been negligent in my follow-up. However, as of this writing 1 am sending a separate letter to Mr. Kant for a status report on this. Your consideration and approval of this exception request is greatly appreciated. Should you need anything further from me, please contact me at 941-657-3171, extension 2238. Sincerely, Denise A. Smith Chairman Immokalee M.S.T.U. Beautification Advisory Comm. CF: Mr. Ed. Kant Val Prince, MSTD, Transportation Robert Petersen, Transportation Commissioner Jim Coletta, Distdct 5 AG EN,~AjTE.~ OCT 2 3 2001 pg. {'"{ February 6, 2001 Denise A. Smith C,'o 1400 North 15"' Street Immokalee, FL 34142 Collier County Board or County Commissioners 3301 E. Tamiami Trail, Building F, 3r~ Floor Naples, FL 34112 Dear Sir or Madam: This letter is to request your approval of an exception to county ordinance. I was re-appointed by the BCC on February 9, 1999 to serve on the Immokalee M.S.T.U. Beautification Advisory Committee, with the term expiring September 23, 2002. I currently serve as the chairperson of this committee. My residence at the time of this appointment ;";as within the M.S.T.U. boundaries. However, I currently reside in Lehigh Acres, Flodda in order to be c!oser to my aging mother. Presently, I continue to work in Immokalee and my daughter stills attends school in Immokalee. Recently I discovered that I could no longer serve on the committee because the wording in the Ordinance limits membership to those who reside within the M.S.T.U. district. I request an exception to this ordinance, in that I am allowed to continue to serve on the committee until my term expires next year. On May 8, 2000, I corresponded in writing to Mr. Ed Kant requesting amendment to the ordinance for allowing persons residing outside the district to serve. This request was due in part to the difficulty in locating pecple to fill t~vo vacancies on the committee. Mr. Kant responded immediately and stated that he had prepared a Request for Legal Services (RLS) to the County Attorney's Office for assistance with an ordinance revision. County Attorney David Weigel responded on June 12, 2000 to Mr. Kant that this was possible. Mr. Weiget stated, "Typically, this is accomplished by the appropriate staff person or department or the advisory committee chairman representing the view of the committee, or both, to come before the Board of County Commissioners with a regular agenda item making that very request. The Board upon public consideration of such-request may direct staff or the County Attorney Office to prepare a draft Ordinance amendment to be advertised for a future Board meeting date." I have not heard further from staff on this and have been negligent in my follow-up. However, as of this writing I am sending a separate letter to Mr. Kant for a status report on this. Your consideration and approval of this exception request is greatly appreciated. Should you need anything further from me, please contact me at 941-657-3171, extension 2238. Sincerely, Denise A. Smith Chairman Immokalee M.S.T.U. Beautification Advisory Comm. CF: Mr. Ed. Kant _,..,,yal~rince, MSTD, Transportation Robert Pete~en, Transportation Commissioner Jim Coletta, District 5 0CT 2 3 2001 EXECUTIVE SUMMARY IMPLEMENT AN AUTOMATED CENT1LatL IRRIGATION CONTROL SYSTEM FOR MANAGING ROADWAY BEAUTIFCATION IMPROVEMENTS. OBJECTIVE: To monitor and maintain roadway beautification improvements in a cost-efficient and effective manner. CONSIDERATION: Currently, Collier County maintains 31.8 miles of improved irrigated medians. In Fiscal Year 02, a manicured level of landscape and irrigation improvements (7.5 miles) will be constructed. With this projected gro~vth and with xvater conservation concerns, the proposed centralized system xvill be better able to monitor consumption. Staff recommends that the Board of County Commissioners approve the implementation of a standardized, Countywide Automated Central Irrigation Control System for the management of landscaping improvements in state/county road rights-of-way. The system proposed is similar in principal to the Countywide Computerized Traffic Signal System. The Central Control System is a proprietary software package by MotorolaTM. Collier Cour~ty Roadway beautification project specifications currently require a solar controller option, which is manufactured by Motorola. This package is the Scorpio DC ,st system. Contemporary Controls & Communications, Inc. is the sole distributor of Motorola irrigation systems in Florida. Accordingly, staff also recommends waiving the formal competitive bid process in favor of this Motorola product. The Transportation Landscape Operations Section recommends the use of standardized irrigation components to minimize maintenance issues. Among other advantages, the Automated Central Irrigation Control System would accomplish the following: · Daily monitoring of specific water consumption events to enable staff rapid response time; · Cost savings reflected in water conservation; · Ability to assist in controlling median fires caused by improper cigarette disposal; · Reduction of field adjustments through improved operation and field efficiency; · Standardization of controller and irrigation components. Implementation of this system is anticipated to provide about $159,000 in annual xvater use cost savings to taxpayers on improved medians and medians presently under construction. The system has the potential to save $5,000 per mile in annual water use and associated labor costs. Current and future landscape projects are required to specify and install components consistent xvith the proposed Automated Central Irrigation Control System. ¢,.~FISCAL IMPACT: The Automated Central Irrigation Control System computer and software is budgeted as part of specific project cost estimates in MSTD General Fund (111). Portions of the existing irrigation systems will be retrofitted to communicate with the proposed Central Control System. Staff estimates that implementing this system will cost about $1.5 million dollars. This cost will be spread over several budget years as new projects are implemented and as existing projects are upgraded. Each project will appear in the requisite budget request for that fiscal year. The current landscaping projects knoxvn as U.S. 41 E Phase "A" subtotal is $18,410.30; U.S. 41 E Phase "B" subtotal is $10,586.53; U.S. 41N Phase I subtotal is $12,423.40; US 41N Phase II subtotal is $8,086.08; Davis Blvd. Phase II subtotal is $8,159.95; and Tropicana Blvd. subtotal is $15,086.85; and Collier Blvd. Phase "A" subtotal is $8,159.95. The cost for installation for these segments is $85,33S _5_1 .~_ OCT 2 3 2001 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this project. RECOMMENDATION: That the Board of County Commissioners waive the formal competitive process and approve the implementation and standardization of a Countywide Automated Central Irrigation Control System from Contemporary Controls & Communications Inc. PREPARED BY: (//-~J~ ~/ZtX,' ~Cz Date: r~neer II, Landscape Operations REVIEWED BY: ~ Date: Pamela Lulich, ASLA, Landscape Operations Manager REVIEWED BY: .,/'---''// -/z, ~ . ' /? ,~;; ",- Date: /~ Edward J. Kant, i~.E., 'l/ran'sportation Operations Director Stephen"Y. Cam)iL Purchasing Director 1(/o ,~an E. Feder, AI~P, Transportation Administrator / / / i Attachments: No. 1 LaS, out of Proposed Automated Irrigation Central Control System 1 AGE~DA I~qEM OCT Z3 2001 Pg. Z ,[ ATTACHMENT NO, PAGE /' OF / Phase One Phase Two Phase Three Phase Four AGEI No. OCT ~ ~ 2001 PO. ~ ............... , 7// EXECUTIVE SUMMARY RESOLUTION REQUESTING THE STATE OF FLORIDA TO RETAIN US 41 IN EASTERN COLLIER COUNTY AS A STATE ROAD UNDER THE FLORIDA DEPARTMENT OF TRANSPORTATION. OBJECTIVE: To gain Board approval of a Resolution advising the State of Florida of the County's concerns and objections to any actions regarding US 41 in eastern Collier County that might result in arbitrary reductions of the speed limits or restrictions of commercial truck traffic. CONSIDERATIONS: US 41 in eastern Collier County is a major thoroughfare, and the only direct east-west link to Dade County, and as such, provides Collier County the benefit of enhanced commercial and recreational transportation opportunities, increased access to properties in the eastern part of the County, and increased safety by serving as an evacuation or disaster relief route. The continued use of US 41 by the public as a highway for personal and commercial traffic is vital to the safety, economic health, and the quality of life of residents of Collier County. The transfer of US 41 from the State of Florida Department of Transportation to another agency may lead to the establishment of unwarranted speed reductions on US 41 designed to diminish the capacity of the roadway, or of restrictions on commercial truck traffic from the highway, both of which will have adverse effects upon the safety, economic well-being, and quality of life of the residents of Collier County. FISCAL IMPACT: There is no direct cost of passing this resolution. GROWTH MANAGEMENT IMPACT: This action ,,,,'ill result in no growth management impact. RECOMMENDATION: That the Board approve the Resolution inforn~ing the State of Florida of it's concerns and objections to transferring US 41 from the Florida Department of Transportation or any actions that would result in lowering speed limits or restricting commercial truck traffic from US 41, authorize the Chairman to execute the Resolution, and authorize staff to forward copies of the rein to appropriate Styte of Florida officials. PREPARED BY: Ro'bej:CW,~ Tipton, ~.E.~ Trat~}cl_.Ope,~ons Manager REVIEWED BY:" Ope a,o s , e tor No,an E. ~eder, AICP, Transportation Division Adminis~ator / / DATE: DATE: /~/////o I AGE~',~DAJTE~ i,lo._J&':% OCT 2 3 2001 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 RESOLUTION NO. 2001- RESOLUTION REQUESTING THE STATE OF FLORIDA TO RETAIN US 41 IN EASTERN COLLIER COUNTY AS A STATE ROAD UNDER THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, US 41 in eastem Collier County is a major thoroughfare, and the only direct east-xvest link to Dade County, and as such, provides Collier County the benefit of enhanced commercial and recreational transportation opportunities, increased access to properties in the eastern part of the County, and increased safety by serving as an evacuation or disaster relief route; and WHEREAS, the continued use of US 41 by the public as a highway for personal and commercial traffic is vital to the safety, economic health, and the quality of life of residents of Collier County; and WHEREAS. the transfer of US 41 from the State of Florida Department of Transportation to another agency may lead to the establislm~ent of unwarranted speed reductions on US 41 designed to diminish the capacity of the roadway, or of restrictions on commercial track traffic from the highway, both of which will have adverse effects upon the safety, economic well-being, and quality of life of the residents of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board give official notice to the State of Florida that US Highway 41 be retained as a Florida Department of Transportation State Roadway, and of the Collier County Board of Commissioner's strong opposition to any plans that might result iu closing US 41 to commercial truck traffic or lowering the speed limit to an artificial limit that will discourage or hinder the use of the facility by motorists traveling between Collier and Dade Counties. this This resolution adopted after motion, second and m~ority vote hvoring same __day of ,2001 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By:. Deputy Clerk JOHN D. CARTER, Ph.D., Chairman Approved as to form and legal.sufficiengy: _ Heidi F. Ashton Assistant County Attorney AGE~D,~ fl'EM OCT 23 EXECUTIVE SUMMARY APPROVE AN AGREEMENT FOR SALE AND PURCHASE TO ACQUIRE PROPERTY FOR THE BENEFIT OF THE WIGGINS BAY DRAINAGE BASIN. OBJECTIVE: Staff is requesting approval and execution of the attached Agreement for Sale and Purchase ("Agreement") with John J. Nevins, as Bishop of the Diocese of Venice, for 13.56+/- acres ("Diocese Property"), to provide for storm water run-off originating in the Wiggins Bay Drainage Basin. CONSIDERATIONS: A large area in North Naples encompassing approximately 2,300 acres is known as the Wiggins Bay Drainage Basin. The natural, uninterrupted and unobstructed sheet flow of storm water run-off generated by this area passes through the Diocese Property on its way to tidal waters. The Stormwater Management Department would like to maintain this critical flowway so that possible future problems caused by development in the area may be averted. By purchasing the entire Diocese Proper[y, the County will be able to protect this existing flowway in perpetuity and, as an added benefit to the public, be able to utilize areas of the property not affected by the flowway for future County needs and projects. The Diocese Property was listed for sale at $750,000 and through negotiations with the Real Property Management Department, an agreed upon selling price was reached at Six Hundred Fifty Thousand Dollars ($650,000). Pursuant to Florida Statute 125.355, the County must obtain two (2) appraisals on the site prior to its purchase. The Agreement provides for an Appraisal Period of sixty days from the execution of the Agreement to obtain the two appraisals. If for any reason, whatsoever, the County is not satisfied with the results of the appraisals, the County may terminate the Agreement with proper notice. Pursuant to the Agreement, the County has ninety days (90) days from the execution of the Agreement to obtain a report from the County's Natural Resources Department and the County's Pollution Control Department advising of any environmental concerns. If for any reason, whatsoever, the County is not satisfied with the results of the reports, the County may terminate the Agreement with proper notice. If the County has not terminated the Agreement pursuant to any other provision in the Agreement and decides, prior to closing, to terminate the Agreement, it may do so, by paying a one-time buy out of Six Thousand Five Hundred Dollars ($6,500). ,,~FISCAL IMPACT: The following are the costs associated with the purchase of the subject ~ '~' ~uurchase Price: An amount not to exceed $650,000. Environmental Task Audit: $2000 - $2,500 Miscellaneous Costs (recording, etc.): $100 Appraisals: $9,000 2) 3) 4) AGE[I~Di~ITE~M No. OCT 2 3 2001 EXECUTIVE SUMMARY Wiggins Bay Drainage Basin Page 2 The above funds are available in 1981 Water Management CIP (Fund 325), Wiggins Pass Road Outfall FIowway (Project 31212). GROWTH MANAGEMENT IMPACT: Implementing the improvements in the Wiggins Bay Basin is in accordance with the intents of the Drainage Sub-Element of the Public Facilities Element of the Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: (1) Approve the attached Agreement for Sale and Purchase; (2) Authorize its Chairman to execute the Agreement; (3) Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures, including obtaining the acceptance of the proper conveyance document and approval to record any and all necessary documents (once approved by the County Attorney's Office) to obtain clear title to the property; and lastly, (4) Approve any and all necessary Budget Amendments to fund said purchase and related expenses. SUBMITTED BY: Ernie W. Kerskie, Senior Property Acquisition Specialist Real Property Management Department REVIEWED BY: '. ,- 1\ ~- -- "% DATE: Toni A. M'o't't, Rtea115rop"erty ~upervisor Re/aI Property M,c~agement Department REVIEWED BY: 0.,~~(~ ,Q/~_~~L ~ DATE: Cha'rles ~. Carrington, Jr., S:~IR~VVA, D-~ector Real Property Management Department .,~ Robert3:~. Wiley, PE, Project Manager, Principal Stormwater Management Department REVIEWED BY: ~,~ ~ DATE: John H.~3oldt, PE, PSM, Director StoT~~r Mana~gement Department Norrn/,~n E. Feder, AICP, Administrator Tral§portation Division DATE: OCT 2 3 2001 Pg. ~ AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JOHN J. NEVINS, as Bishop of the Diocese of Venice and his successors in office, a corporate sole, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Properly"), located in Collier County, State of Florida, and being more padicularly described as follows, lo wit; SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Subject Io easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the condiliOrlS and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. WHEREAS, Purchaser is required by law to obtain two independent appraisals before purchasing real property at a value exceeding $500,000.00. NOW, THEREFORE, and for and in consideration of the premises and the respective ~--'-'qdertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the ~eipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICF 2.01 The purchase price (the "Purchase Price") for the Properly shall be supported by two independent appraisals to be performed on behalf of the Purchaser. If the average market value of the two appraisals equals or exceeds $650,000.00, Purchaser agrees to pay Seller $650,000.00 (SIX HUNDRED FIFTY THOUSAND DOLLARS, U.S. Currency) payable at time of closing. If the average market value of the two appraisals is less than $650,000.00, Purchaser may terminate the agreement. Seller acknowledges that Purchaser is bound by the requirement of Section 125.355, Florida Statutes. Ill..CLOS NG 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred twenly (120) days following execution of Ibis Agreement by the Purchaser but not later than December 10, 2001, unless extended by mutual written agreement of the padies hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a markelable title free of any liens, encumbrances, exceplions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. AGENp~ I]'lE!~ q O,.CT 2 3 2001 At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and 'acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current loxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and to issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, tile Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Adicle Ill hereof, shall be subject to adjustmenl for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Seller. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Properly taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's mitrage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of lhis Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national title insurance company, together with hard copies o[ all exceptions shown thereon. Purchaser shall have fifteen (15) days, following receipt of the title OCT 2 3 2001 Pg' ~,~,,~.~_ insurance commitment, to nollfy Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Permitted exceptions shall include, but are not limited to, the following: (1) applicable zoning regulations and ordinances of the county having jurisdiction over the use of the Property; and (2) real property laxes and assessments for 2001 which are not yet due and payable. ' (3) existing mortgages which shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail 1o advise the Seller in writing of any such objections in Seller's title in the manner herein required by Ibis Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be salisfied al Closing. Seller, at its sole expense, shall use its best efforts to make such tide good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days afler expiration of said thirty (30) day period, may accept title as it then is, waiving any objeclion; or Purchaser may terminate the Agreement. A failure by Purchaser to give such writlen notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceplions to title as shown in the title commitment. 4.013 Purchaser shall have the oplion, at its own expense, to obtain a current survey of the Properly prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced in the aforemenlioned legal description, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thidy (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain two (2) independent appraisals in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. Seller expressly acknowledges and agrees that Purchaser shall not be obligated to purchase Ihe Property in the event the proposed purchase price in Section 2.01 exceeds lhe average appraised value of two appraisals. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal, Purchaser shall deliver Io the Seller prior Io the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Appraisal Period, it shall be deemed that the Purchaser is satisfied with the results of ils investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal report may be requested by Seller and shall be provided in accordance with Section 125.355, Florida Statutes. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 6.02 If Purchaser is not salisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior !o the expiration of the Inspection OCT 2 3 2001 Pg. Period, wrillen nolice of its intention lo waive lite applicable contingencies or [o terminale this Agreemenl. Ir Purchaser fails Io noilly tile Seller in wriling of ils specific ob]eclions as provided herein within lira Inspeclion Period, il shall be deemed Il]at Iho Purchaser is satisfied wilh the resulls of ils Invesligations and Ihe conlingencies of Ibis Ad/cie VI shall be deemed waived. 6.03 Purchaser arid its agonls, employees and servanls shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting sile analyses, soil borings and all other necessary invesligalion. Purchaser shall, in perlorming such tesls, use due care and shall indemnify Seller on account o! any loss or damages occasioned lhereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less lhan Iwe~ly four (24) hours prior to said inspection of Ihe Property. VII. INSPECTION 7.01 Seller acknowledges thai the Purchaser, or ils aulhodzed agents, shall have the right to inspect the Property at any lime prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled lo full possession of the Properly at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon lhe gross amount of 200~. taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed Io perform any of the covenants and/or agreements contained herein which are to be performed by Seller, wilhin ten (10) days of wrillen notification oi' such l'aifure, Purchaser may, at its option, terminale Ibis Agreemenl by giving wrilten notice of terminalion to Seller. Purchaser shall have lhe right lo seek and enforce all rights and remedies available al law or in equity Io a conlract vendee, including lhe right lo seek specific performance of Ibis Agreement. 10.02 If the Purchaser has not terminated lhis Agreemenl pursuant [o any of Ihe provisions authorizing such termination, and Purchaser fails Io close Ihe transaclion conlemplated hereby or othen, vise fails to perform any of the terms, covenants and condilions of Ibis Agreement as required on lhe part of Purchaser Io be performed, provided Seller is not in delault, then as Seller's sole remedy, Seller shall have the dghl to terminate and cancel this Agreement by giving wdtten notice thereof to Purchaser, whereupon one percenl (1%) of the purchase price shall be paid to Seller as liquidaled damages which shall be Seller's sole and exclusive rernedy, and neither parly shall have any further liabilily or obligation to Ille other except as sel forlh in paragraph 13.01 hereof. The padies acknowledge and agree Ihat Seller's actual damages in Ihe evenl of Purchaser's default are uncertain in amounl and difficult Io ascertain, and Ihal said amounl of liquidaled damages was reasonably delermined by mutual agreement between the parties, and said sum was not intended to be a penally in nature. 10.03 The parties acknowledge that the remedies described herein and in lhe olher provisions of Ibis Agreement provide mutually satisraclory and suffic/enl remedies to each et Ihe parties, and lake into accounl lhe peculiar risks and expenses of each of the padies. XI. fELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: AG Et',tD~ ITEM Lu_,r", W,. OOT 2 3 2001 U!I/21/2UUI I,'RI 13:44 I.'A,~ !141T748876 I~I,;AI. I'I{(H'I,:I{'I'¥ ~UCH~ 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplaled bankruptcy proceeding. 11.012 Seller has full right, power, and authority Io own and operate lhe Property, and to execute, deliver, and perform ils obligalions under this Agreement and Ihe instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary aulhorizalions and approvals have been obtained authorizing Seller and Purchaser to execute and consummate lhe transaction conlemprated hereby. At Closing, cedified copies of such approvals and authorizations shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forlh in this paragraph shall be true on the date of Ihis Agreement and as of the date of Closing. Purchaser's acceptance of a deed to Ihe said Properly shall not be deemed to be full performance and discharge of every agreemenl and obligation on the part of [he Seller to be i)errormed pursuanl to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge el any aclions, suits, claims, proceedings, litigation or investigations pending or threatened againsl Seller, at law, equily or in arbitration before or by any federal, slate, municipal or other governmental inslrumenlalily that relate to this agreement or any other properly that could, if continued, adversely affect Seller's ability to sell lhe Pro.oerty to Purchaser according to the terms of Ibis Agreeme~]t. 11.015 No pady or person other than Purchaser has any righl or opt[on to acquire the Property or any podion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in Iorce and effect, Seller shall not encumber or convey any porlion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Properly or any pad thereof, without first oblaining the written consent of Purchaser to such conveyance, encumbrance, or a~reement which consent may be withheld by Purchaser for any reason whatsoever. 11. O I 7 That the Seller or any acquaintances of the Seller has not placed any toxic or hazardous wastes on the subject property, and that to the best of the Seller's knowledge and belief, there are no toxic or hazardous wastes located on sa.me which might have been placed there by others or prior owners. 11.018 Seller has no knowledge that Ihe Properly and Seller's operations concerning the Property are in violation of any applicable Federal, Slate or local stalute, law or regulation, or of any nolice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling altention to Ihe need for any work, repairs, construction, alteralions or installation on or in connection with tim Property in order Io comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easemenls or rights of way (other than existing zoning regulalions) that restrict or atfecl the use of the Property, and Ihero are no mainlenance, construction, advertising, management, leasing, employmenl, service or other contracts alfecling lhe Property. AGE~D,,~ ITEM OCT 2 3 2001 11.020 Seller has no knowledge lhat there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvemenl agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, exisling or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees Ihat Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Properly to change from its existing state on the effective date of this Agreement up to and including the Date of Cfosing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Properly and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change In the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third padies or any governmental authorities having jurisdiction of the development of the property which may restrict or change any olher condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asseded against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either pady hereunder shall be in writing, sent by registered, or cedified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: Real Property Management Department Administration Building, 4? Floor 3301 Tamiami Trail East Naples, Florida 34112 Ellen T. Chadwell, Assistant County Attorney Office of the County Attorney Administration Building, 8th Floor 3301 Tamiami Trail East Naples, Florida 34112 Bishop John J. Nevins Diocese of Venice 1000 Pinebrook Road Venice, Florida 34292-1426 With a copy to: Stephen W. Buckley Goldsteln,Buckley,Checkman Rice and Purtz 1515 Broadway Et. Myers,F1. 33901 o.___~t~--- OCT 2 3 2001 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice o! such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, Ihe last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees payable to Florida Southern Investment Corp. shall be the sole responsibility of the SeIler. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or pady claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. IX. MISCELLANEOUS 14.01 This Agreement may be executed in any rnanner of counterpads which together shall constitute the agreement of the padies. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both padies and shall inure to the benefit of and be binding upon the padies hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 Ail terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the pady against whom it is asseded, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Flodda. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Slatules, whose stock is for sale to'the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) AGEND~A ITEM OCT Z 3 2001 14.10 This Agreement is governed and construed tn accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being retied upon by either party. No modification or amendmenl of this Agreement shall be of any force or effect unless made Jn writing and executed and dated by both Purchaser and Seller. Time is of the essence of Ihis Agreement. IN WITNESS WHEREOF, the padies hereto sel fodh Iheir hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: JAMES D. CARTER, Ph.D., Chairman AS TO SELLER: DATED: WITNESSES: FIRST WITNESS .('Signature) (PI)iht Name)~ - SECONJ~ ?ITNESS (Signature) (PrinfName) . JOHN J. NEVINS, as Bishop of the Diocese of Venice and his successors in or'lice, a corporate sole / By: /..~..~ ,~, ~.~._~, .~)"~N J. NEVlNS ~:/~ERo.~E A. CA~0SEU.A / Attorneyin Fact Approved as to form and legal ~ufficiency: ,~ ... -_y{.""',,; /¢ r. -~ / / ~' ,- /¢r;/'/:, ~,.. ,' "/'/ /¢Z",'~.-- Ellen T. ChadwelF Assistanl County Attorney 0C'I' 2 3 2001 PROJECT: PARCEL: FOLIO: Wiggins Pass Road Ouifall Diocese 00155800003 EXHIBIT "A" A TRACT OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKJNG THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, RUN SOUTH 00°36'4T' EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 30.01 FEET TO THE SOUTHERLY RIGHT-OF- WAY LINE OF WIGGINS PASS ROAD; THENCE NORTH 88°07'04" EAST ALONG SAID RIGHT-OF-WAY LINE 233.45 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°36'47" EAST 294.65 FEET; THENCE SOUTH 60°17'58" EAST 277.97 FEET; THENCE NORTH 52006'25" EAST 82.41 FEET; THENCE SOUTH 86°24'24'' EAST 45.81 FEET; THENCE SOUTH 29°01'17'' EAST 183.62 FEET; THENCE SOUTH 54°01 '37" EAST 53.58 FEET; THENCE NORTH 81033'49" EAST 56.33 FEET; THENCE NORTH 00°33'41'' WEST 38.00 FEET; THENCE NORTH 60°14'47" EAST 42.43 FEET; THENCE SOUTH 81°28'33'' EAST 53.38 FEET; THENCE SOUTH 30°00'19" EAST 57.10 FEET; THENCE SOUTH 67°32'19" EAST 162.03 FEET; THENCE NORTH 75°15'34" EAST 93.66 FEET; THENCE NORTH 55°21 '21" EAST 89.35 FEET; THENCE SOUTH 49°39'10' EAST 61.62 FEET; THENCE SOUTH 64"36'34" EAST 59.35 FEET; THENCE SOUTH 63°42'06" EAST 128.81 FEET TO AN IRON PIN ON THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 922, PAGE 1501 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00°43'41'' WEST ALONG SAID EASTERLY LINE 12.48 FEET TO A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SUNNY TRAIL HEIGHTS, A SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; · THENCE NORTH 00°41'50" WEST ALONG THE WESTERLY LINE OF SAID SUBDIVISION 676.63 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WIGGINS PASS ROAD; THENCE SOUTH 88°07'04'' WEST ALONG SAID RIGHT-OF-WAY LINE 1140.01 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXECUTIVE SUMMARY AWARD OF RFP 01-3280 "Installation and Maintenance of Street Lights" OBJECTIVE: To contract with multiple finns in order to provide complete installation, maintenance, and emergency repair for Collier County street lights. CONSIDERATIONS: In consideration of anticipated Street Light installation and maintenance needs for Fiscal Year 01-02, a solicitation was issued by the Purchas.ing Department for the annual contractual work. Requests for Proposals (RFP) for this project were solicited by the Purchasing Department on June 28, 2001. Notices of the RFP invitation were sent to eighteen (18) firms. A total of nine (9) firms requested the full RFP package, and five (5) finns submitted proposals by the deadline of September 14, 2001. A Selection Committee approved by the County, Manager met on September 26, 2001 to rank, review, and discuss the proposals received. By consensus, the Selection Committee wishes to contract with three (3) of the responding proposers in order to have a variety of finns available to provide street light maintenance, repair, and installation. The firms are as follows: 1. E.B. Simmonds Electric 2. American Lighting and Signalization 3. Designed Traffic Installation C~,a FISCAL I.MPACT: Funds in the amount of SI 62,500 are available in the Transportation Services Fund (101) for repair and maintenance of street light components. GROWTH M,&NAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of services. RECOMMENDATION: That the Board of County Commissioners award RFP 01-3280 "Installation and Maintenance of Street Lights" to the three (3) finns, and that the Chairman be authorized the sign the standard County Attorney approved agreements on behalf of the Board. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Robert W. Tipton, PE Traffic Operations Manager S~ve C/arneli, GPM P~eneral S e~~r~''~ Edward/Z]Kant, PE ~5~-~-..-" Transpbrthtion O ~r ~rector ! Tra?portation Services Administrator DATE: DATE: // OCT 2 3 2001 Pi]. EXECUTIVE SUMMARY APPROVE THE ACQUISITION OF' PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT- OF-WAY, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE FUTURE CONSTRUCTION OF FOUR-LANING ROADWAY IMPROVEMENTS FOR COUNTY BARN ROAD BETWEEN DAVIS BOULEVARD (S.R. 84) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864), CIE NO. 33. OBJECTIVE: To authorize the acquisition of six parcels required for the future four-laning of County Barn Road. CONSIDERATION: On August 13, 1996, under Agenda Item 16 B 6 and pursuant to Resolution 96-356, the Board of County Commissioners of Collier County, Florida, approved acquiring right-of-way by gift or purchase for the above-mentioned project. On June 27, 2000, the Board approved acquisition by condemnation pursuant to Resolution 2000-193, Agenda Item 8 B 2. The above-referenced Board approvals included completing acquisition and expending all monies by the end of Fiscal Year 00/01. Agree-nents were reached with the owners of the six parcels described in Exhibit "A" during that time frame, but scheduling prevented closings from taking place, necessitating the need for this additional request. FISCAL IMPACT: Funds in the amount of $100,000 are budgeted in Road Impact Fee District r~4 (Fund 336), County Barn Road (S.R. 84 to C.R. 664) - R/W (Project # 60101 ). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize staff to prepare related Vouchers and Warrants for payment, and Authorize staff to proceed with the related real estate closing transactions and to record with the Clerk of Courts the easements and appropriate documents to clear title in the Public Records of Collier County. Mott, Supervisor V~j[~31 Property M~anagemen~t Department REVIEWED BY: Cha'rleslE. Carrington, Jr.J SRA~, Director Rea.[ PrlbpertyrMa~agement Department Norman E. Feder, AICP Translportation Administrator / Date: Date: Date: OCT _7 3 200! pg. \ TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI T1LadL NAPLES, FLORIDA 34112 (ga 1) 7?4-8192 SKETCH OF DESCRIPTION NOT A SURVEY P~RL"EL '7 FOtlO ~ 3 ~ ~ c:cdo oc, ~. TEMPORARY CONSTRUCTION EASEPLENT LEGAL DESCRIPTION WOODMERE RACQUET CLUB The East 30 Feet of the West 80 feet of the North 60 feet of the South 135 feet of the following described parcel; The southwest quarter (SW %) of the northeast quarter (NE 'A) o f the northwest quarter (NW ¼) of section 17, Tow~hip 50 South, Range 26 East, Collier County, Florida less the west 50 feet and the north 30 feet thereof reserved for road Right of Way purposes. pag/lglde~cr~p.066PA RC EL 704 GENERAL NOTES 1) P.O.C, = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP Y .... ' = RANGE ~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR t:~%m my C~EC~ my tt--%N~'~T TO SCALE DATE FI~E NO SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N.E. COR. OF THE N 1/2, N 1/2, NW 1/4, NW 1/4, SEC. 17, TWP. 50 S, RGE 26 E. WENDY LANE 15' ROAD EASEMENT' PARCEL 109 Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Easement 5' DRAINAGE EASEMENT LANSDALE LANE PROJECT NO ................. 60101 PARCEL NO ...................109 TAX PARCEL NO ...... 00427320004 50' I 50' < O h- Z c~ < Z © DESCRIPTION: FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17,TOWNSHIP 50 SOUTH, RANGE 26 FAST, COLLIER COUNTY. FLORIDA. CONTAINING 13,200 SQUARE FEET OR .303 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP, = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. · 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE MAY 22, 2000 CBR109 SHEET I OF I AGENI3~TEM No. /~ '") L,,' OCT 2 3 2001 Pg - TRANSPORTATION ENGINEERiNG DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8 192 SKETCH OF DESCRIPTION NOT A SURVEY TEMPORARY CONSTRUCTION EASEMENT WOODMERE LAKE CLUB, A CONDOMINIUM The West 20 feet of the North 60 feet of the South 210 feet of the following described parcel; A parcel of land lying in Section 17, Township 50 South, Range 26, Collier Count', Florida, more particularly described as follows: COMMENCE at the Northwest comer of the aforesaid Section 17 and mn S 88° 54' 39" E along the North line of said Section 17 for 1382.35 feet, more or less, to the intersection with the Easterly Right of Way line of County Barn Road, (100 foot right-of- ~way) for point ofbeginmng; thence run S 00° 21' 4" E, along said Right of Way line ~or 334.24 feet; thence runs S 88° 56' 10" E for 470.79 feet; thence run S 00° 17' 8" ~' for 304.01 feet to the intersection with the northerly Right of Way line of Whitaker Road, (60 foot Right of Way); thence run S 88° 57' 21" E along the said northerly Right of Way line for 664.05 feet thencerun N00° 14' 11" W for 657.54feet; thence run N 88° 54' 39" W for 1115.81 feet to the point of beginning. Pag'lgidcscrip065PA RCEL 710 GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) r~, = RANGE 6i RIGHT OF WAY i7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF I 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR Imuvw, i aY c:~cr~o m' SC~L~ ' NOT TO SCALE _ED BY: ? ~ ,406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DA'YE SHEET I OF 1 OCT 2 3 2001 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .................60101. PROJECT PARCEL NO...116 TAX PARCEL NO ....... 00403680001 N.E. COR. OF THE E 1/2, S 1/2, Sl/2, NW 1/4. SW1/4. SEC. 8, TWP. 50 S, RGE 26 E. 25'- -- P.O.B! PARCEL 11G - -.LI i 50' 50' N 89° 10 44"W: % ,, P.O.C. < >.. i- Z O DESCRIPTION: ROAD RIGHT OF WAY EASEMENT Perpetual Non-Exclusive, Road R±ght-of-Way, Drainage Easement COMMENCE AT THE NORTHEAST CORNER OF THE EAST 1/2 OF THE SOUTH !/2 OF THE SOUTH 1/2 OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N 89° 14' 37" W 50.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00° 36' 55" E 337.60'; THENCE N 89° 10' 44" W 50.00'; THENCE N 03° 37'041" E 337.87'; THENCE S 89° 14"37"E 25.00' TO THE POINT OF BEGINNING. CONTAINING 12,656 SQUARE FEET OR .291 ACRES. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP.: TOWNSHIP 5) RGE. = RANGE 6) R/VV = RIGHT OF WAY 7) ALL DISTANCES ARE iN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DI~AWNBY CHECKED.Y N%LCTOSCALE O~lv~AY22,2000 I '/ NAPLES, FLORIDA 34112 CBR116 SHEET 1 OF I ,l PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 60101 PROJECT PARCEL NO..121 TAX PARCEL NO.....00404080008 S 89°10'44' E PARCEL 115 ~ LOT 1 ~ EXISTING 25' ROAD & DRAINAGE EASEMENT-~ S 89°06'52" E 25'J 25' 50' < Z ~Y < z © Perpetual, Non-Exclusive, Road Right-of-Way, Drainage Utility and Maintenance Easement DESCRIPTION: TWENTY FIVE (25') FOOT EASEMENT THE WEST (25') FEET Of THE EAST 50 FEET OF ALBRIGHT ACRES, AS RECORDED IN PLAT BOOK 21, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. CONTAINING 4,218 SQUARE FEET OR .097 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P,O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF ~ NOT VALID UNLESS SIGNED AND SEALED WITH THE ,BOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 22, 2000 ............. PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS {ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 car il6 SHEET I OF 1 AGEiND~fTEM OCT 2 3 2001 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 60101 PROJECT PARCEL NO..130 TAX PARCEL NO.....00403800003 N.W. CDR. OF THE S 1/2, N 1/2, SE 1/4, NW 1/4, SEC. 8, TWP. 50S. RGE 26E. Z r~ >- Z 40' -- PARCEL 130 PerpeTual Non-Exclusive, Road Righs-of-Way, Drainage, UtLiLty and Maintenance Easement DESCRIPTION: FORTY (40') FOOT EASEMENT THE EAST FORTY (40') FEET OF THE WEST 90 FEET OF THE SOUTH HALF OF THE NORTH HALF SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 FAST. COLLIER COUNTY, FLORIDA. CONTAINING 13,507 SQUARE FEET OR .310 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7} ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR F . PREPARED B . . i.....DATE-.~ 6. /~ GEORGE R, RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 FAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 CBR 130 SHEET1 OF1 Ltl 0CT 2 3 2001 EXECUTIVE SUMMARY APPROVE WORK ORDER No. WD-055 WITH DOUGLAS N. HIGGINS, INC. FOR REPLACEMENT OF A CULVERT ON GOODLAND ROAD, PROJECT No. 60047 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # WD- 055 for the replacemen.t of the existing dual 48" culvert on Goodland Road. CONSIDERATIONS: Improvements on Goodland Road consist of replacing the existing double barrel 48" RCP with 38"x60" ERCP class IV pipe. The work includes the construction of concrete Class IV endwalls, ruble riprap, repaving the disturbed portion of the asphalt roadway pavement, and reconstruction of shoulders in order to enhance safety by installing guardrail~. This Work Order utilizes the Annual Contract for Underground Utility Contracting Services, Contract # 00-3087. Three proposals were received, as described below. Douglas N. Higgins, Inc. submitted the lowest quote. Douelas N. Hieeins, Inc. $194,466.50 Mitchel & Stark, Inc. $196,494.50 Florida State Undemround, Inc. $202,182.80 (X~'FISCAL IMPACT' Funds in the amount of $192,400 are budgeted in the Gas Tax Fund. A , .' ?'budget amendment is needed to transfer $2,067 from Gas Tax Reserves and appropriate in this project. Source of funds are Gas Taxes. GROWTH MANAGEMENT 13IPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the Transportation Operations Director to approve Work Order/4 WD-055 on behalf of the Board and approve the necessary budget amendment. SUBMITTED BY: REVIEWED BY: APPROVED BY: 'o 1(. O~dofie"k'~, P/~ li~an'~ger III Edward J. Kant,~~tor Transportation O,15p(atij~'ns Department N~an Feder, '~mi~strator Tra~ponation Division / Attachment: Work Order #WD-055 Date: Date Date WORK ORDER # WD-05$ "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #00-3087, Dated September 16, 2000 (Renewed on 9/16101) This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Goodland Road Culvert Project The work is specified in the proposal dated September 20, 2001 from Douglas N. Higgins, Inc. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # WD-O55 is assigned to Douglas N. H/ggins, Inc. to do the following work. Scope: Task I: Replace the existing double barrel 48" RCP with 38"x60' ERCP class IV pipe. The work includes the construction of concrete Class IV endwalls, ruble riprap, repaying the disturbed portion of the asphalt roadway pavement, and reconstruction of shoulders in order to enhance safety by installing guardrails. Contractor to follow all Maintenance of Traffic (MOT) guidelines in accordance with the contract. Schedule of Work: Complete within Forty five (45) Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I $194,466.50 Approved By: TOTAL FEE $~ Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement~_...., ."%':.-" .~, Prepared By: ~'"~ ~/v~ -~ / , o//~/01 J. Kant, PCE~.~/~ sportation Operations Director Date Approved as to Form and Legal Sufficiency: Asslsia~t County ~ttorne-y ATTEST: (Corporate Secretary) Type Name and Title ACCEPTED BY: Date: N'ame of Firm // _ , IN ._ ~ Signature I - DOUGLAS N HIGGINS INC ~002 09,'21/01 FRI 10:28 F.~ 941 774 4266 2~87 TAJ~IIA~ TRAL F. AS'T SUITE I NNaL~'S. FL3&112 ~4~1T/4.31~o September 20, 2001 Julio F. Ordone; c/o Collier County Government Transportation Services Division 2 705 S Hot, shoe Drive Naples, Fl 34104 via: faxed only Quotation Goodland Culvert Improvements CC Project No. 60047 Dear Julio Ordonez, We are pleased to quote the above referenced project. We will install the new concrete piping, and headwall structures with miscellaneous items as listed on the attached pay item sheet breakdown/or I194,466.50. We will start the work immediately after the notice to proceed is' procured, and complete installation within one month. Please call with any questions or concerns. Sincerely, Tom R. Hicks D.N. Higgins, Inc. > Naples, Fl * a~c. hed E.E.O. OCT z 3 2001 Pg. Item No. 101-1 102-1 104-11 104-13-1 110-1-1 120-6 160-4 285-709 331-72-12 400-4-2 430-142-209 515-1-2 530-3-3 536-1-8 536-86 575-1-1 591-1 706-3 7'. 1-35.61 711-36-61 D_~ Unit MOBILIZATION LS MAINTENANCE OF TRAFFIC LS 1 TURBIDITY BARRIER, FLOATING LF 645 STAKED SILT FENCE LF 523 CLEARING & GRUBBING AC 0.234 EMBANKMENT CY 555 STABILIZATION 12" THICK SY 216 ASPHALT BASE 10" THICK SY 69 ASPHALT'CONC. TYPE S-1 SY 69 CONCRETE, CLASS'IV CY 42.8 ELLIPTICAL CONCRETE PIPE 38"X60" LF 98 PIPE HANDRAIL LF 70 RIPRAP TN 463.1 GUARDRAIL LF 382 END ANCHORAGE ASSEMBLY TYPE ET-2000 -~A 4 SODDING SY 430 FORCE MAIN PROTECTION LS 1 REFLECTIVE PAVEMENT MARKERS EA 26 TRAFFIC STRIPE WHITE LF 484 TRAFFIC STRIPE YELLOW LF 484 Grand Total - Lump Sum Project LS 1 $9,500.00 $6,500.00 $6.00 $3.00 $25,000.00 $25.00 $14.00 $45.00 $45.00 $1,475.00 $450.00 $45.00 $15.00 $45.00 $350.00 $3.O0 $4,500.00 $35.00 $1.50 S1.50 $194,466.50 $9,500.00 $6,500.00 $3,870.00 $1,569.00 $5,850.00 $13,875.00 $3,024.00 $3,105.00 $3,105.00 $63,130.00 $44.100.00 $3,150.00 $6,946.50 $17,190.00 $1,400.00 $1,290.00 $4,500.00 $910.00 $726.0O $726.00 $194,466.50 OCT 2 3 2001 4 EXECUTIVE SUMMARY APPROVE CITY-COUNTY EMERGENCY WASTEWATER INTERCONNECT AGREEMENT OBJECTIVE: To approve an agreeement between City of Naples and Collier County to provide for wastewater interconnects. Each government will provide emergency treatment to the other government i-n-the event of equipment failure, main breaks, natural disasters or other emergency occurances. The agreement is not intended to replace capacity planning considerations. CONSIDERATION: Emergency interconnects with contiguous Utility Companies for all services are intended to make provisions to insure minimal interruption in service and guarantee environmental compliance. The County currently has Emergency Interconnect agreements for water and fire protection with the City of Naples and Bonita Springs Utilities. The agreement for a temporary wastewater interconnect with the City of Naples has expired. The proposed agreement provides for permanent wastewater interconnect(s) to the City's wastewater system. City Council has approved the agreement. An agreement with Bonita Springs Utilities is also being explored. The agreement provides for the cost of design and construction of the interconnect(s) shared equally by the County and City. The County is to be responsible for the management of the project with feedback and approval from the City. Further, in the event that wastewater service is provided, the providing (the service) government shall be paid at the receiving (the service) government's current rate plus a 25% surcharge. FISCAL IMPACT: The total estimated design and construction costs for the wastewater interconnect is estimated at $250,000. The project (# 73076) has adequate funding in the Wastewater Impact Fee Capital Project fund (413), however, a budget amendment is required to recognize the reimbursement (revenue) from the City, which is estimated at $125,000. Source of funds for our portion of the project will come from wastewater impact fees GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATION: That the Board of County Commissioners approve the Emergency Wastewater Interconnect Agreement with the City of Naples and the appropriate the necessary budget amendment. 'Executive Summary City Sewer Interconnect Page 2 PREPARED BY: ,..-'"~.,..,._~ ,~',;) ,,n2 ~ J~.,a~s L. McGee, P.E., Project Manager REVIEWED BY: Roy. B.//~P~of Engi~ne ering REVIEWED BY: Thomas Wides, Operations Director APPROVED BY: James V. Mud& Public Utilities Adrgi~istrator DATE: DATE: DATE: DATE: AG£ND4, .ITEM OCT 2 3 200~ INTERLOCAL AGREEMENT FOR EMERGENCY SEWER INTERCONNECT This Agreement is made and entered into between the City of Naples, Florida, a Florida municipal corporation (hereinafter "CITY") and the Board of .County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter together referred to as the "COUNTY"). "PARTIES" shall refer to either or both entities. WHEREAS, CITY and COUNTY may experience emergency situations created by hydraulic overload, equipment failure, natural disasters, or other circumstances at Water Reclamation Facilities or Collection Systems; and WHEREAS, CITY and COUNTY, as neighboring local governments, agree that it is in the best interest of the public's health and safety to provide adequate and reliable collection and treatment of sewage; and WHEREAS, CITY and COUNTY as neighboring local governments with existing sewer facilities that may be capable of furnishing limited sewer service to each other, agree to enter into an agreement outlining the terms upon which emergency sewer service may be provided to each other. The PARTY receiving the service shall be referred to as "CUSTOMER" and the PARTY providing the service referred to as PROVIDER; and NOW, THEREFORE, it is agreed: 1. Subject to the terms of this Agreement, PARTIES agree to provide to each other such emergency sewer service as is available within the respective wastewater systems that is over and above the needs and demands of the providing entity and the customers of its sewer service area. shall identify to the PROVIDER, the Interconnect it desir activated, subject to limitations in availability of the PROVID interconnecting facilities, referred to herein as "The Interconn~ 2. Sewer service under this Agreement shall be provided through approved constructed interconnecting facilities as specified in Attachment A, where the PARTIES' sewer systems are in close proximity. The approximate locations are to be mutually agreed upon in writing. The nature of the emergency and availability of sewer service shall dictate the number and locations of the Interconnects activated. The CU~.O.M,~,_ be constructed in either a temporary or permanent manner as is shown conceptually in Attachment A of this Agreement. 3. The PARTIES will share all mutually agreed costs for design and construction of The Interconnect equally. All estimated costs for design and construction of the Interconnect(s) will be reviewed and approved by both PARTIES prior to the commencement of construction. County shall be responsible for the management of design and construction of the Interconnects with feedback and approval from the City. Both PARTIES shall approve reqdired change orders. 4. Both PARTIES agree that this agreement shall not apply to reasons of exceeded design or capacity limits on plant or infrastructure facilities. Each PARTY shall have an opportunity to request a variance to this item from the other PARTY'S governing board. 5. Any time a sewer interconnect is to be utilized the providing PARTY will present assurances to the receiving PARTY that the waste stream being sent to the collection system does not contain any objectionable substances that may have a negative effect to the treatment facility. Objectionable wastes are defined by reference to the receiving PARTY'S Industrial Waste Pretreatment ordinance. 6. If it is determined that the receiving PARTY'S infrastructure or biological treatment is upset due to industrial toxins then the supplying PARTY shall be responsible for any costs to correct the damage. 7. Subsequent to completion of construction of The Interconnect, ownership of that portion of The Interconnect up to and including the isolation valve which controls the flow of waste water entering into or being received from The Interconnect shall be owned by the PARTY owning the system to which the valve controls access. Ownership of the physical interconnect from isolation valve to isolation valve shall be the property of the COUNTY. Maintenance, repair, removal, and/or replacement of the mutually-owned portion of The Interconnect shall be the responsibility of the COUNTY to administer with the costs being borne equally by the PARTIES. 8. The Interconnect shall be designed to include provisions for locking features on the isolation valves so that each party can have individual keyed access. Each PARTY shall have sole access to its locking device for its valve operator which, when opened, provides sewer service to, or receives sewer service from, the other PARTY. 9. Sewer service provided under the provisions of this Agreen be only that sewer service needed to provide temporary assistar event the PARTIES have an emergency need for sewer service service shall be provided subject to the following conditions: · DA ITEM ce ~nA~ i ¥ - ir, o/ P. e2 ' Each PARTY shall designate a member of its regular staff who shall receive all requests, and who shall have the authority to summarily approve or disapprove the respective request(s). Each request for emergency sewer service shall be acted upon in good faith and in a prompt and timely manner by both PARTIES. Time is of the essence in such matters. The PARTIES are not obligated to accept any specific volumes of wastewater, and termination' of service shall occur when the emergency need for the respective emergency sewer service no longer exists. The PARTIES shall exercise prompt and diligent efforts to eliminate its need for emergency sewer service. do Both PARTIES shall be notified by their own staff any time a sewer interconnect is to be utilized. Notification will include the reason for use, estimated duration and any other related information. 10. At its discretion, the receiving PARTY may establish and enforce by unilateral control of valves limits as to' times of day/or days of the week during which treatment will be provided; the rates of flow, and total volume of sewage over designated periods. 11. It is mutually agreed that whenever sewer service is provided under the terms of this Agreement, the PROVIDER shall be paid at the CUSTOMER'S current rate, plus a 25 percent surcharge. 12. This Agreement shall remain in full force and affect for five years from the date of this Agreement and shall be renewable upon written agreement by both PARTIES. 13. If any condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision and does not materially prejudice either PARTY in its respective rights and obligations contained in the remaining valid conditions or provisions of this Agreement. 14. No waiver of any breach of this Agreement shall be held to be a waiver of any other subsequent breach. IN WITNESS WHEREOF, the PARTIES hereto have made and executed this Agreement on the respective dates under each signature: COLLIER COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authc~ execute same by Board Action on the __ day of September, 2£01; ffifitErqDA ITEM CITY OF NAPLES through its CITY COUNCIL, signing by and through__ 0 C T its Mayor, authorized to execute same by Council action on the l~-~tay of September, 2001. ATTEST: County Clerk Dwight D. Brock BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AND AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO TIlE GOVERNING BOARD OF COLLIER COUNTY WATER- SEWER Approved as to form and legal sufficiency: Thoma~ Q. Pa-lFner, Assistant County Attorney By: James D. Carter, Ph.D., Chairman Date: ATTEST: City Clerk 'Tara A. Normant Approved as to form Bever~ Grad~it~/A~ 95409__1 9-18431 CITY OF NAPLES, FLORIDA a municipal corporation Bonnie Rt M~tcKenzie, Mayor'( Date: ~ AGENDA J-,TEMp. OCI 2 3 2001 p~.a_ge 4 ~9 ATTACHMENT A Intemmonnect Conceptu~ De'to. il. Forcem~in to Forcenoin Interconnec~ © F-or'cemo, in ~ or Li?~ S~cation Forcemain ~o atmosphere Intemconnect COLLIER PUBLIC UTILITIES ENO]IN Dr'a.n by, jim D~ite, 7/16/01 File: In'c EXECUTIVE SUMMARY REQUEST APPROVAL FOR TEMPORARY "NO THROUGH TRUCK" SIGNS AT SPECIFIED LOCATIONS ADJACENT TO THE NAPLES PARK NEIGHBORttOOD OBJECTIVE: To provide a better sense of security and safety for the Naples Park neighborhood during the US 41 North construction. CONSIDERATIONS: The Transportation Operations Department has been approached by several residents of the Naples Park neighborhood with a request to have "No Through Truck" signs placed at several main access locations to the neighborhood. These signs would be installed for the duration of the current US 41 North Florida Department of Transportation Six-Lane Improvement Project. The Manual On Uniform Traffic Control Devices (MUTCD) has no provision for the installation of these signs on a temporary basis, nor does the MUTCD permit the use of "Local Traffic Only" signs in locations where roads are not closed to through traffic as a consequence of construction. Further, the installation of any regulatory sign is to be predicated on the results of an engineering study. Such a study is used as the basis for implementing any applicable regulation. The most recent truck traffic study for the Naples Park neighborhood was performed in 1998 and did not recommend the installation of any additional signage in this area. As a result of the most recent inquiries, staff has scheduled another truck study to be performed within the next several weeks; however, due to the existing construction activity, staff is concemed that the study findings may be skewed and may not reflect equilibrium conditions. In an effort to be responsive to the neighborhood requests, staff recommends that the attached Resolution be enacted and that a more long-term solution be based on the results of new findings and recommendations to be made after the completion of the US 41 North construction. FISCAL IMPACT: Implementation of temporary signing will require about 20 new sign installations. The estimated cost (labor and material) is about $100-$125 per sign for a total cost of about $2000-$2500. Funds are available in the Traffic Operations Fund (101). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution for temporary "No Through Truck" signs for the Naples Park neighborhood; authorize the Chairman to sign the Resolution on behalf of the Board; and, authorize the ~rranspormtion Operations Department to immediately install the sij~ns and to remove ~em upon/5ompletion of the Florida Department of Transportation US 41 Nm~h ~roject C'x /~ . Edward J.~, t~ ~o~tSon Operations Director $orn~n E. Feder, Al ~, Transp~t~t~n Administrator Attachments: No. 1 - Proposed Resolution No. 2 - Proposed Temporary Sign Locations North, and 109"` Avenue North. 1 RESOLUTION NO. 01- 2 3 A RESOLUTION TO PROHIBIT THE OPERATION OF TRUCKS AND 4 OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING 5 CAPACITY IN EXCESS OF ONE (1) TON FROM THROUGH-MOVEMENTS 6 ON CERTAIN STREETS IN THE NAPLES PARK NEIGHBORHOOD. 7 8 WHEREAS, Chapter 316, Florida Statutes, permits the BCC to regulate or prohibit any 9 classification or kind of traffic found to be incompatible with the normal and safe movements of 10 traffic on roads and streets under its jurisdiction; and 11 WHEREAS, the current construction for the widening and improvement of US 41 North from 12 Immokalee Road (CR 846) north to Wiggins Pass Road may be cause for additional truck traffic to 13 use the residential street system of the Naples Park Neighborhood; and 14 WHEREAS, excessive through-truck traffic is not compatible with the existing road 15 conditions through the Naples Park neighborhood since the streets are in fully developed 16 residential areas and the pavement width, radii, and right-of-way width are not conducive to 17 through-truck traffic; and 18 WHEREAS, Eighth Street (from 91st Avenue North to 111"` Avenue North), 91~t Avenue 19 North, 92"d Avenue North, 93m Avenue North, 94"` Avenue North, 95~h Avenue North, 96"` Avenue 20 North, 97"~ Avenue North, 98"` Avenue North, 99"` Avenue North, 100"` Avenue North, 101st Avenue 21 North, 102nd Avenue North, 103"~ Avenue 'North, 104"` Avenue North, 105th Avenue North, 106"` 22 Avenue North, and 109"` Avenue North are a contiguous residential street network with roadway 23 widths to accommodate only Iow traffic volumes traveling at Iow speeds; and 24 WHEREAS, the BCC has determined that it will be in the best interest and benefit of the 25 citizens of Collier County to prohibit the movement of through-truck traffic with a rated load-carrying 26 capacity in excess of one (1) ton on certain streets in the Naples Park neighborhood for the 27 duration of the current construction for the widening and improvement of US 41 North from 28 Immokalee Road (CR 846) north to Wiggins Pass Road. 29 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 30 OF COLLIER COUNTY, FLORIDA, that the operation of trucks and other commercial vehicles 31 having a rated load-carrying capacity in excess of one (1) ton is hereby expressly prohibited on the 32 following streets: Eighth Street (from 91s~ Avenue North to 111 "` Avenue North), 91st Avenue North, 33 92n~ Avenue North, 93r~ Avenue North, 94"` Avenue North, 95"` Avenue North, 96"' Avenue North, 34 97t~ Avenue North, 98~h Avenue North, 99r" Avenue North, 100m Avenue North, 101 ~ Avenue North, 35 102r~ Avenue North, 103"~ Avenue North, 104"` Avenue North, 105"` Avenue North, 106~ Avenue 36 / ATTACHMENT NO._ PAGE / OF J 1 BE IT FURTHER RESOLVED that authorization is hereby given to the Collier County 2 Transportation Services Department to erect "No Through-Truck" signs and vehicular load limit 3 signs in accordance with Chapter 316, Sections 316.006, 316.008, and 316.189, Florida Statutes, 4 and Collier County Ordinance No. 91-25. 5 BE IT FURTHER RESOLVED that a copy of this Resolution shall be tendered to the Collier 6 County Sheriff's Office for enforcement of the load limits established herein. 7 BE IT FURTHER RESOLVED that the effective date of the vehicular load limit shall be after 8 written notification of the vehicular load limit is delivered to the Collier County Sheriff's Office and 9 upon posting of appropriate signage. 10 This Resolution adopted after motion, second, and majodty vote favoring same this __ 11 day of 2001. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Al-TEST: DWIGHT E. BROOK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES D. CARTER, Ph.D., Chairman Approved as to form~and legal surf. ic~ency: ~ l~- ~ He~'F~ ~shton Assistant Coun~ A~orney ATTACHMENT NO. / PAGE ~ OF ~-- OCT. 2001 : .... , ,: >.. LEGEND: , -~- :i PROPOSED SIGN LOCATIONS ".- ~,¢'IX. OE~~ j ~ ~ 03~ j t ~'ENU~ : ~_ ~ ~ ' ~'~-"'~ ' '.~.~' ~2 WILIETT A',./~: -- - ~- ~ ...... ~. '~: -~ r ~ ~' ~ a',-,*', 98~"H j~ AVENUE ¢ _ _~~ ~s~ _..:~.= ......... ~L.~. .. ~CE SmEET ATTACHMENT NO. ~' ] / OCT Z 3 2001 l EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS WAIVE THE RIGHT-OF-WAY PERMIT FEES FOR THE TROPICANA BOULEVARD BEAUTIFICATION PROJECT, AS REQUESTED BY THE GOLDEN GATE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (MSTU) ADVISORY COMMITTEE OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) for waiver of the Right-of-way Permit fees for the beautification of Tropicana Boulevard. CONSIDERATIONS: At the Golden Gate Beautification MSTU Advisory Committee meeting held on October 9, 2001, the Advisory Committee asked staff to request the Board waive all Right-of way Permit fees for construction of the landscaping improvements planned for the Tropicana Boulevard corridor. This project represents a segment of work set forth in the Golden Gate Master Plan. The MSTU Advisory Committee voted to beautify this roadway this fiscal year. In the past, these fees have been waived for other governmental agencies. The Board has not been supportive of fee waivers in recent years and has consistently denied such requests. The Advisory Committee has been made aware of this policy, and is requesting that staff continue to go forward with this request. FISCAL IMPACT: Right-of-way permit fee is $125 plus $50 per day. Project contract date is 120 days w/th a potential total fee of $6,125. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That, consistent with current policy, the Board does not waive Right- of-way Permit fees for the construction of the landscaping improvements planned for the Tropicana Boulevard corridor, as requested by the Golden Gate Beautification Advisory Committee. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Bob Petersen, Project Manager, Landscape Operations P~/~.. L_,u. lic ,~~ ape Operations Manager tion~ ~r Nong~ E. Fdde#, TranSPortation ~ / Memorandum ENGINEERING SERVICES DEPARTMENT To' From: Date: Subject: Collier County Department Directors Thomas E. Kuck, P.E., Engineering Services DirectodCounty Engineer September 13, 2001 Right-of-Way Please remind your staff of the following Development Services Policy. All work being done in the Collier County Right-of-Way requires an Invoice Memo with the following information: [] Department's Name i--I Department's Address r--] Department's Expenditure Account [--] Name of Contractor if County is Sub-Contracting the project r--I Type Right-of-Way Permit [--]Right-of-Way Construction Permit Fee. (temp D/W) $125.00 r--]Right-of-Way Construction Permit Renewal Fee. $50.00 [--]Jack-and-Bore Fee. $170.00 +* I-]Open-Cut Construction Fee. $235.00 +* r-'IPSC Regulated or County Franchised Utilities Fee. $85.00 +* ["-]Sprinkler Head Placement in County R.©.W. Fee $25.00 i--]Turn-lane/median Construction Fee. $125.00 +* [--] *How many days are expected to be in the Right-of-Way $50/day for each day. r--] 2 sets of drawings for the project i--1 2 sets of MOT Plans As a reminder, the Engineering Department doesn't waive review fees even for County Projects, unless approved by the Board of County Commissioners (Please include copy of Resolution or other approval with application). Projects on the following. County roads (see attachment) go to Transportation Operations attention Larry Henry. All other County roads go to Engineering attention Bill Spencer. Thank you for your cooperation in this matter. advise. If you should have any qL ENGINEERING SERVICES DEPARTMEN; PHONE: 659-5744 FAX: 643-6968 0Cf 2 3 2001 Golden Gate Beautification Advisory Committee Minutes of October 9, 2001 1. Meeting called to order at 4:05 p.m. at the Golden Gate Community Center. Roll Call - Present: Cheryle Newman, Sabina Musci, Bonner Bacon and Phil Mudrak, members. Robert Petersen and Val Prince, Landscape Operations; Robert Kindelan, Commercial Land Maintenance; Mike McGee, McGee & Associates; Jacqueline Silano, recording secretary. Approval of the minutes to the September 11th meeting: Bob Petersen noted that Mr. Mudrak arrived on time to the September 11th meeting; paragraph 5D should read "that since the Church was not allowed to keep the median open, it would go against current policy to allow..."; paragraph 6B. should read Mr. Prince; 6E. should be corrected to read "mailboxes could be located ...". Bonner Bacon to approve the minutes as submitted; seconded by Phil Mudrak and carried unanimously. 4. LANDSCAPE MAINTENANCE REPORT Robert Kindelan reported that the pump on C.R. 951 and Green Boulevard has been fixed; the landscaping has been finished at the sign and some sod will be installed on Green Boulevard within the next week. B. On Part A, several trees and plantings were damaged or destroyed as a result of two accidents. C. E.J.Simmonds has been called to fix the pump at the east end of the Parkway. D. Some sod on the Parkway was damaged from the recent flooding and will need to be replaced; the yellowing turf has been re-fertilized. 5. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee noted that during the month of October the ornamental grasses would be pruned. Mr. McGee felt that one of the storm drains on the C.R. 951 may be dogged and causing flooding over the medians. Cheryle noted that there was severe flooding at Tropicana and 32nd Street. This should be taken into consideration for the design. The storm drains will be checked. A sabal palm on the Parkway has died and will be cut down. No.___.j.=~.,~L~__ OCT 3 200 D. The quarterly report will be mailed out with the minutes. E. The closing of medians 19 and 20 will be postponed until a decision is made. 6. TRANSPORATION OPERATIONS REPORT Bob Petersen advised that a groundbreaking ceremony has been arranged for October 17th at 10 a.m. at 32"d Street and Tropicana Boulevard. Mr. Petersen also noted that according to the ordinance, a right of way permit fee of $125 per $50 per day during construction would be imposed unless the committee requests a waiver from the Board of County Commissioners. In light of this, Bonner Bacon moved to request that an Executive Summary be composed requesting a waiver to the permit and construction fees; seconded by Phil Mudrak and carried unanimously. B. Val Prince provided a lengthy review of the 2001-2002 annual budget for funds 101 and 136 ensued. Copies of the financial statements were distributed. Signcraft provided an estimate of $3990 for the refurbishment and panel replacement of the sign at the intersection of Golden Gate and C.R. 951. After a bdef discussion, the committee members concurred that this expenditure should be postponed until after the construction has been completed on Tropicana Boulevard. In the interim, another quote will be obtained. 7. COMMITTEE MEMBERS REPORTS A. Cheryle Newman advised that she has contacted the distribution center for the Postal Service and requested the relocation of the residential mailboxes on Tropicana Boulevard. She anticipates hearing from them shortly. 8. OLD BUSINESS Pam Lulich advised that the next meeting of the 175 ad hoc committee would be held on October 19th at the Board of County Commissioners' chambers at 10:00 a.m. There will also be a meeting on November 12th and a tentative meeting on November 29~h at the Bethel Church on Golden Gate Parkway. Ms. Lulich brought the committee up to date and provided copies of handouts. She will also be providing minutes and other materials in the future. Jill Brown of the Pathways Department advised Bob Peterson that sidewalks on Tropicana Boulevard would be considered next year. Mr. Petersen indicated that Ms. Brown would attend a future meeting to advise the committee on the procedure and timeframe to submit a formal request to the Pathways Committee next spring. C. There was a bd~ discussion regaling the school bus stop sh~ Tropicana. Mr. Pe~rsen n~ed thatthere are ~ur bus sups or October 9, 2001Golden Gate Beautification Adviso: Committee Page 2 of 3 OCT 2 3 2001 Boulevard apparently all on the one side of the road. Mr. McGee would like to have one shelter on either side of the street. Bob Petersen will meet with the Transportation Department of the school system to see which would be the best locations. Mr. Jim McGear, the developer of Park East, spoke at length regarding the closure of medians 19 and 20. He had private consultants look at the impact of modifications and/or closure of the medians. The County has also hired outside experts to review the matter. There was a lengthy discussion regarding safety and compensation for damaged and removed trees and plant materials if turn lanes are permitted. Mr. McGee advised that current FDOT requirements call for a 990' site line, which may affect all the medians up to the Santa Barbara Boulevard as well as affecting the medians to the east. He felt that up too 30% of the trees and a substantial amount of under story vegetation would have to be removed. Mr. Hagen of Johnson Engineering was informed by Mr. Kant that this committee must review and approve any design plan Mr. McGear wishes to submit. Mr. Petersen indicated that he was in the process of trying to have the area valued by a broker. Mr. McGear indicated that he wished to have the area studied by a professional traffic engineer. There was some disagreement regarding site lines. Mr. McGee will bring the current FDOT standards to the next meeting. Mr. McGear also indicated that the Fire Department requires the medians remain open. Val Prince indicated that once a determination is made, if the committee differs from staff recommendation, an executive summary would need to be prepared and go before the BCC. Mike McGee, Pal Lulich and Bob Petersen will meet with Mr. McGear's engineer to develop a plan. E. To date, no decision has been made on Glenn Wilt's appointment to this committee. Mr. Petersen will contact Sue Filson. 9. NEW BUSINESS A. Val Prince provided a copy of the current maintenance specifications. He gave an overview of the all Golden Gate roadways. Mike McGee advised that the lighting district apparently owns the streetlights on Tropicana Boulevard. Only one electdc line and one connection point was located and other lines and drop connections to Florida Power and Light will need to be tracked. Apparently the County will be changing all the streetlights throughout the county. There was some question as to whether the MSTU areas will be exempt in order to follow their master plans. This will be further discussed at next month's meeting. As there was no further business to discuss, the meeting was adjourned at 6:05 p.m. The next scheduled meeting will be held on November 13~ at 4:00 p.m. at the Golden Gate Community Center ..... October 9, 2001Golden Gate Beautification Advis Committee Page 3 of 3 rY0CT 2 3 2001 Pg. --~ EXECUTIVE SUMMARY APPROVE A CHANGE ORDER TO CONTRACT 00-3033, HIDEAWAY BEACH T- GROIN CONSTRUCTION AND THE ASSOCIATED TOURIST DEVELOPMENT COUNCIL (TDC) GRANT APPLICATION, PROJECT 10257. OBJECTIVE: To obtain approval of change order #3 (Final) to Contract 00-3033 for adjustment of quantities' to reflect actual work performed and approval of the associated TDC grant application for this purpose. CONSIDERATIONS: On February 22, 2000, the Board of County Commissioners awarded a contract for Bid #00-3033 to Douglas N. Higgins, Inc. to perform repairs and modifications to five (5) existing T-Groin structures on Hideaway Beach. Due to the nature of the work, a substantial portion of the structures was hidden from view, making it difficult to determine the actual quantities necessary to provide the required repairs. Therefore, the attached change order is presented for approval to provide adjustments of the estimated quantities to reflect actual work performed and enable close out of the contract. In this regard, the IDC grant application is also attached for your consideration in providing approval of the funding for this obligation. This item was reviewed and recommended for approval by the Coastal Advisory Committee on October 4, 2001 and the Tourist Development Council on October 8, 2001. FISCAL IMPACT: The total cost of this change order is $53,125.00. A budget amendment is necessary to increase expenses in the Hideaway Beach T-Groin Construction project (proj. # 10257) and decrease expenses in two other projects, $4,525 in Production and Stockpiling Beach Fill (proj # 10252) and $48,600 in Transport and Placement of Beach Fill (proj # 10263), in the Beach Renourishment Tourist Development Tax fund (rd 195). The source of funds is the Tourist Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners: 1. Approve change order No. 3 (Final) to Contract No. 00-3033 in the amount of $53,125.00. 2. Approve the necessary budget amendment. 3. Authorize the Public Utilities Engineering Director to execute the change order. AGENDA ITEM No&CC. I OCT 2 3 2001 Executive Summary. Hideaway Beach T-Groin Construction Grant Application Page 2 SUBMITTED BY: Ha/'old E. Huber, Project Manager III Public Utilities Engineering Department DATE: ./(5./0. o/ REVIEWED BY: ~ ,.c,~./ t-¢.c.~..c~.~ DATE: Roy/t~. Anderson, P.E., Director Pul~lic Utilities Engineering Department APPROVED BY: Thomas G. Wides, Interim Administrator Public Utilities Division DATE: /C,/'~/Ol lAGE I~Oh ITE~ n0. gr. a ~ EXHIBIT E CHANGE ORDER CHANGE ORDER NO. 3 CONTRACT NO. 00-3033 TO: Douglas N. Higgins. Inc. 2887 Tamiami Trail East Suite #1 Naples. Florida 34112 DATE: September 26, 2001 PROJECT NAME: Hideaway Beach T-Groin Construction PROJECT NO.: 10257 Under our AGREEMENT dated February 22, 2000 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Adjustments to estimated quantities to reflect actual work performed. FOR THE (Additive) Sum of: Fifty-Three Thousand, One Hundred Twenty-five dollars and no cents. (S53,125.00}. Original Agreement Amount S 137.100.00 Sum of Previous Changes S 110.076.00 This Change Order (Add) $ 53.125.00 Present Agreement Amount $ 300.301.00 The time for completion shall be (increased/decreased) by -0- calendar days due to this Change Order. Accordingly, the Contract Time is now ninety-six { 96 ) calendar days. The substantial completion date is June 16. 2000 and the final completion date is June 21, 2000. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: lO/q 1o] , 2001 CONTRACTOR: OWNER: Douglas~. Higgins, Inc. Daniel N. Higgins, Vice President By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Roy B. Anderson, P.E., PUED Director DESIGN PROFESSIONAL 09/26/01 By: Kenneth K. Humiston, P.E. GC-CA-E-1 ITEM HIDEAWAY BEACH-T-GROIN CONSTRUCTION COLLIER COUNTY CONTRACT NO. 00-3033 CHANGE ORDER NO. 3 JUSTIFICATION AND SUPPORTING DOCUMENTATION DESCRIPTION Mobilization and Demobilization UNIT. Job ORIG ACTUAL QUANTITY QUANTITY 1 1 Filter Fabric S.F. 1,100 5.450 ORIG REVISED UNIT PRICE TOTAL TOTAL Lump Sum $15,000 $15,000.00 $ 4.00 4.400.00 21.800.00 Repair and Modify T-Groins ~ South Point (a) (c) 10' bag 12 21 15' bag 4 3 20' bag 8 23 350.00 4.200.00 7.350.00 550.00 2.200.00 1,650.00 650.00 5,200.00 14.950.00. Repair and Modify 3 T-Groins at Royal Marco Point (a) 10' bag 20' bag 151 66 131 97 21 1 350.00 52.850.00 45.850.00 625.00 41,250.00 60~625.00. 1.000.00 10.000.00 21.000.00 Geotextile Bag Removal ea. 10 Relocate warning Daymark #3 ea. 1 2.000.00 2.000.00 2~000.00 TotalBase Bid $137~100.00 $190,225.00.. *Net Adjustment for Change Order: $190,225.00 - $137,100.00 = $53~125.00 A~NOA IT£~ OCT ? ZOul Collier County. Tourist Development Council GRANT APPLICATION REPAIR OF T-GROINS AT HIDEAWAY BEACH PROJECT NO. 10257 Name and Address of Applicant Organization: Collier Counw Board of CounW Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Harry Huber. Project Manazer HI Public Utilities Engineer/hr Department Phone: 530-5341. Fax: 732-2526 Organization's Chief Official and Title: Commissioner James D. Carter. Ph.D.. Chairman Board of CounW Commissioners Brief Project Description: This project consists ofa chan~e order to Contract No. 00-3033 for adjustment of quantities to reflect actual work performed. Estimated project start date: Estimated project duration: Total amount requested: N/A N/A $53.125.00 OCT 2. 3 001 Collier County. Tourist Development Council Grant Application Page 2 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Identify. the .goals .and objectives for the project: The proiect consists of approvine a chance order to adiustment of quantities to reflect actual work performed. Contract #00-3033 for 10. Describe what benefits will be received from the project: Performance of the proposed activities will provide additional stabilization of the beach in coniunction with the existinz structures as a measure to address accelerated erosion in the area alonz Hideaway Beach. 11. 12. Describe how the effectiveness of the project will be evaluated: (1) Monthly sta~esented to the Coastal Advisory Committee. (2) _Monitorin~resented to the reeulatorv azencies. Describe how the project enhances existing Coun~ Tourist Development programs: As a component of the Capri/Biz Marco Inlet Manazement Plan. this r~roiect will contribute to the lone-term stabilitw of the beach and enhance recreational use and storm protection in this area. 13. Describe how f'mancial resources will be monitored: The proiect budeet will be managed throueh the existing financial and management structure of Collier County and will be administered by a proiect manazer in the Public Utilities En.~ineerine Department. The basis of the project budzet consists of a chanze order to Contract #00-3033. The total amount of the proposed budget is $53,125.00... Collier County Tourist Development Council Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessary.: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County.? Yes ( X ) No ( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County. beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier Count' beach restoration projects? Yes(X) No( ) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No ( ) · Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) A~.~[I~OA ITl*# no. /~,6 OCT 2 3 2001 Collier County. Tourist Development Council Grant Application ' Page 4 · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes(X) No( ) Is there a poten, tial for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify. Is the project consistent with the Collier County. Growth Management Plan and/or standing Board of County. Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Beach - Renourishment/Maintenance Advisory Committee? Yes. This a lication will be ~he Coastal Advisorv Committee at the~ scheduled meetine. Their recommendation will be forwarded und~ cover. I have read the Beach Renourishrnent and Pass Guidelines and chteria and a~ee that my orgamzation~will comply wi, th all guidelines and criteria. Rev ~. ~erson. P.E., Director, Public Utilities En.e/neerine Department Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County. Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item PG. Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET REPAIR OF T-GROINS AT HIDEAWAY BEACH ACTIVITY Change Order to Contract #00-3033 AMOUNT $53,125.00 9.26.01 T-Groins. Hideaway Beach NO. 0¢1 2 3 2001 EXECUTIVE SUMMARY APPROVE FUNDS FOR EXPENSES RELATED TO WATER FESTIVAL 2002 OBJECTIVE: The Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water and Sewer District, to approve a resolution to commit funds in the amount of $12,.500 for professional services, advertising, and expenses to conduct a Water Festival during the week of May 5, 2002. CONSIDERATIONS: A steering committee has been established to plan and conduct a Water Festival. Membership includes representatives from the Big Cypress Basin, the Chamber of Commerce, the Collier Building Industry Association, the Southwest Florida Regional Planning Council, the Conservancy of Southwest Florida, the Collier Soil and Water Conservation District, the Barron Collier Partnership, International College, Collier County Public Schools, and Collier County Government, among others. The purpose of the festival will be to inform and educate industry professionals, educators and students, and the general public about water resources and to promote water conservation. The Water Festival Steering Committee has been actively planning the May 2002 event for the past six months. The Public Utilities Division is now seeking to commit funds to cover a portion of the expense related to conducting the Water Festival, and will partner with other entities represented on the Steering Committee. FISCAL IMPACT: Funds are currently available in the General Funds for Professional Services related to water conservation efforts. The funding source is the General Funds. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact related to the approval of this expenditure of funds. RECOMMENDATION: That the Board of County commissioners, Ex-Officio, the Governing Board of the Collier County Water and Sewer District, approve this request to commit $12,500 of the General Funds to pay expenditures related to the May 2002 Water Festival. Paul E. Mattausch, Director, Water Department ~h~oom+G W~'~~ Date: · ides, Interim Public Utilities Administrator APPROVED BY: EXECUTIVE SUMMARY APPROVE ADDENDUM NO. 2 TO EFFLUENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT, AND WINDSTAR CLUB, INC., A FLORIDA CORPORATION. OBJECTIVE: That the Board of County Commissioners approve Addendum No. 2 to the Original Effluent Agreement, dated November 18, 1987, by and between the Collier County Water-Sewer District and Windstar Club, Inc. CONSIDERATION: The District and User have determined that the Original Agreement allotment is inconsistant with the User's actual demand. User's actual historical demand is 750,000 gallons per dav. The Addendum will secure the tong term irrigation resources needed by Windstar Club, Inc. and provide for long term effluent reuse by the County. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Addendum No. 2 to the Original Agreement by and between the Collier County Water-Sewer District and Windstar Club, Inc. SUBMITTED BY: REVIEWED BY: APPROVED BY: Robert Casey..Reus~ Coordinator ~~} ~ Date: V~/~,Jo~eph B Cheatham, Wastewater Director V. M~dd,qaublic Utilities Administrator AG[~ N~) A IT£M NO. /C~ ~ OCT 2 3 2001 ADDENDUM NO. 2 TO AGREEMENT FOR DELIVERY AND USE OF RECLAIMED WATER FOR SPRAY IRRIGATION THIS ADDENDUM NO. 2 is entered into this 2../ dayof ~)~-4~,.~,,~rC 2001, by and between the BOARD OF COLLIER COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, ("DISTRICT") and WlNDSTAR CLUB, INC., A FLORIDA CORPORATION ("USER"). WHEREAS, USER and DISTRICT on November 18, 1987, entered into an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation to the Windstar Golf Course ("Origina! Agreement"); and WHEREAS, USER and DISTRICT have determined that the Original Agreement allotment, with the passage of time, has become outdated because the Golf Course acreage to be irrigated under the Original Agreement has increased; and WHEREAS, USER and DISTRICT agree that the Agreement allotment shall be based on USER'S necessary application rate of one and a half inches (1.5") per acre per week in lieu of the previously agreed to application rate of 1 inch per acre per week. NOW, THEREFORE, in consideration of the benefits derived by the DISTRICT and USER, said Original Agreement is hereby amended to increase the acreage and increase the per acre per week application rate as follows: Section 1 QUANTITY (Second paragraph at page 3 of the Original Agreement). The existing second paragraph is hereby deleted and the following paragraph is substituted in its place, as follows: "The USER'S golf course area has increased from 54 acres to 126 acres to be irrigated with effluent under this Agreement. These 126 acres represent approximately 14.15% of the 980 total acres to be irrigated under said phase I of the District's project. Allocation of the available effluent will be made on the basis of an application rate of one and a half inches (1.5") per acre per week". (Fourth paragraph at page 3 of the Original Agreement). The existing fourth paragraph is hereby deleted and the following paragraph is substituted in its place, as follows: "The allocation shall be based on an irrigation application rate of one and a half inches (1.5") per acre per week. Applying this formula, the maximum delivery of effluent to USER under this agreement shall not exdeed 750,000 GPD (gallons per day). The Agreement is not otherwise amended. IN WITNESS WHEREOF, the parties hereto have subscribed their hands and seals effective on the day and year noted in the first sentence of this Amending Agreement. #0. /~. ~ OCT 2 3 2001 (1) Wimess~o(g~ature Printed/Typed Name WINDSTAR CLUB, INCORPORATED, SUCESSOR TO USER AS ";15r-esident (S[~ature) Printed/Typed Narrf~ Wimess Signature Printed/Typed Name (Corporate Seal) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day, of ~ ~e~~e ~ 'the ~' 1 sor [ in~lsPt;s Co.oration, Co~~~ ~- · = Not~ ~b - · .<, ~ Mv Co~ission Expires: ~ DATED: -,,/~, ,~ .~=~ ~,.,s ATTEST: °°",mm~ DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Approved as to form and legal sufficiency Thomas~C:Palmer, Assistant County Attorney By: JAMES D. CARTER, Ph.D., Chairman 0¢{ 2 3 2001 PG. ~ ,,, EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID. LIEN IS SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT OBJECTIVE: Adopt a Resolution approving the account where the County has received payment Collection Services Special Assessment. Satisfaction of Lien for residential in full for the 1996 Solid Waste CONSIDERATIONS: Resolution No. 20-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 20-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the I account that has paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 1 Satisfaction of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. ~o.. lOC_ O 2 3 2001 Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility Billing and Cust(~'ner Service Teresa A. Riesen, Revenue Manager Utility Billing and Customer Sera'ice John A.~Yonkosky, Dire_._~'t~r ~ Utility'~nd~er S e r'~Rc~ Jame~ V. Mudd, P.E., Administrator Date: Date: ''~ ,,2~Z -~ / Public Utilities Division / / Date: /e/~/'~ / NO.. /~.~ ~ OCT 2 3 2001 ] RESOLUTION NO. 2001- 2 3 A RESOLUTION APPROVING SATISFACTION OF 4 LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID 5 IN FULL THE 1996 SOLID WASTE COLLECTION AND 6 DISPOSAL SERVICES SPECIAL ASSESSMENTS 7 8 WHEREAS, pursuant to Colher County Ordinance No. 90-30, as amended, the 9 Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 l O authorizing the recording of notices of liens for the delinquent sohd waste collection and ] 1 disposal services special assessments for 1996; and ]2 WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in 13 Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier 14 Cotlxlty, Florida, which placed a lien on certain properties for the delinquent solid waste 15 collection and disposal services special assessments for 1996; and 16 'vVI-'IEREAS, Collier County Ordinance No. 90-30, as amended, requires the 17 Board to approve by Resolution and record in Official Records a Satisfaction of Liens on 18 all accounts that have been paid in full. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 23304 This Resolution adopted after this day of , 2001, after motion, second and majority vote. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK 39 40 App~to form and 43p' David C./Weigel 44 County. Attorney BY: James D. Carter, PH. D, Chairman A~#Oi NO., /~ ~ OCT 3 2001 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 61737120001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Weeks, Sterling E=& Ethel D PO Box 9463 Naples, FL 341019463 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES FARM SITES N 82.5FT OF S 247.5FT OF Wl/2 OF TR 40 UNREC A/D OR 933 PG 193 Folio No. 61737120001 Project No. 66000 Account No. 23304 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_ JAMES D. CARTER, Ph.D., CHAIRMAN ?. 3 2001 EXECUTIVE SUMMARY APPROVAL AND EXECUTION FOR SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Lien. CONSIDERATIONS: The Board of County commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of this lien have been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full for these Claim of Liens increases the cash flow in the County's sewer impact fee fund by $2,~),~0.00. This will increase the County's Water impact fee fund by $900.00. The fiscal impact for recording these satisfactions of lien is approximately $16.50, which is to be charged to the Utility Billing Customer Service. GROWTH MANAGEMENT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payments and the satisfactions of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Lien. Prepared Pam Ca~, Revenue Supervisor Utility .,BqlJing and ,(~ustomer Service Reviewed by: ,//,gCZ~_c~ ~.', /,._._ Teresa A. Riesen, Revenue Manager U...t]li~illil~, CL~,,.~er Service Reviewed by: "..'~....~",,,,~.. John Y~onkosky, Director----'-~ a Approved by: Jame~'~/. Mudd, P.E., Administrator Public Utilities Division Date: D ate'~'-'~(:" Date: Date: OCT 2 3 2001 PG. EXHIBIT "A" Eve N. Blanco, Securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest, Folio #62047600003. John F. Sackrider, Sr, securing the principal balance of two thousand five hundred dollars and no cents ($2,500.00) plus accrued interest, Folio #00253880006. EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $3,125.00 and the sewer impact fee fund by $ 36,42'~.98.The fiscal impact for recording the Satisfaction of Liens is approximately $102.00, which is to be charged to the Utility Billing Customer Service. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. Prepared by."'--~ ~,,..w~ Pam Ca/Ilia, Revenue Supervisor Utility. i!~ing an¢-Customer Sewice Reviewed by: TereSa A. Riesen, Revue Manager ~i~ Billi~ ~nd ~~e~ice Reviewed by~~'~~ JoOn~. Yonkosky, ~ecto~ U~g and~~r S~ Approved by:/ ~/.~~/ Ja~ V. Mudd, P.E., AdminiStrator Public Utilities Division Date: q~,~.~,,--~,C ', Date~-"2~' ~ ~-/ Date: Date: MO._/~_ OCT 2 3 2001 EXHIBIT "A" Robyn Leeanne Daniels and Angela Elaine Daniels, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Folio #62096760004 Endless Summer R.V. Estates LTD., a Florida Limited Partnership, securing the principal balance of ten thousand seven hundred twenty dollars and no cents ($10,720.00) plus accrued interest. Folio #00295160001 Balbino V. Escobedo and Maria Escobedo, husband and wife, securine the principal balance of one thousand five hundred dollars and seventy-fiv~e cents ($1,500.75) plus accrued interest. Folio #62096840005 Paul E. Geyer and Haydee S. Geyer. his wife. securing the principal balance of five thousand fifty-three dollars and thirty-five cents ($5.053.35) plus accrued interest. Folio #22622400008 & 22622440000 Heriberto Gonzalez and Noemi Gonzalez, husband and wife, securing the principal balance of two thousand forty-one dollars and twenty-five cents ($2,041.25) plus accrued interest. Folio #22420800004 Clairavan E. Kaho and Maria Kaho, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Folio #62096800003 Richard Lawrence Kniebes. a single man. securing the principal balance of one thousand t~vo hundred sixty dollars and five cents ($1.260.05) plus accrued interest. Folio #62205920004 Glen A. Lange II, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Folio #62103560003 Edward Robison, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Folio #53352120009 10. John F. Sackrider, Sr, securing the principal balance of two thousand eight hundred ninety-one dollars and seventy-eight cents ($2,891.78) plus accrued interest. Folio #00253880006 11. Thomas Patrick Serbu, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Folio #00258967306 12. Bruce Wood, securing the principal balance of five thousand five hundred seventy-five dollars and no cents ($5,575.00) plus accrued interest. Folio #00244560005 13. Bruce G. Wood, securing the principal balance of one thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. Folio #62361000004 14. James R. Young, a single man, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Folio #00258967128 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RENEWING FUNDS FOR ACQUISITION OF LAND FROM WILLING SELLERS FOR PROPERTIES ADJACENT TO THE EXISTING NAPLES LANDFILL. OBJECTIVE: To obtain authorization from the Board of County Commissioners ("the Board") for,a budget amendment which will renew funding for Project 59019, the acquisition of properties from willing sellers of the property owners north of the Naples Landfill (Township 495, Range 26e, Section 25). CONSIDERATION: The area is being considered for a new Maintenance Facility, golf course or sports park. The Board directed staff to pursue acquisition of these parcels on 11/3/98. By February 2000, Real Property had not been able to close on six parcels. In April 2000, Real Property staff prepared an Executive Summary and Condemnation Resolution. The land purchases under a condemnation resolution have been put on hold. However, The County Manager has directed the staff to proceed as necessary to purchase lands from willing property owners, which will avoid condemnation costs in the future, and will continue to establish a buffer zone for the current operations. After the Real Property Department identified all the properties and owners, the Board approved a Solid Waste Department request for a Budget Amendment to move $310,322 for land purchases from Solid Waste reserves on 6/22/99. A temporary State ban on development in this rural fringe area is scheduled for review in the Fall of 2001 and may be reversed in the Spring of 2002. The site is still a preferred location for a number of potential uses including a new County-wide maintenance and operations facility. One landowner has contacted the County to ask if we are still interested in purchasing her property. Another may also offer his property shortly. Funding should be made available in time for a November 1, 2001, closing. FISCAL IMPACT: · Total expenditures for this project are estimated to cost no more than $265,653 and will be funded out of the FY02 budget. The funds will come from Solid Waste Disposal Fund (470) - Reserves for Capital Outlay. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board approve a budget amendment to release funds for land acquisitions from Willing sellers. SUBMITTED BY: ~ ?_-- ~ :~ ,.J ~ ~':~- ,-"Date: /,o,~,~/~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department APPROVED BY: Thomas G. Wides, Interim Administrator Public Utilities Division OCT 2 EXECUTIVE SUMMARY AWARD CONTRACT FOR "CHLORINATOR EQUIPMENT MAINTENANCE" TO WATER TREAMENT AND CONTROLS COMPANY. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Collier County Water/Sewer District, award a contract for Chlorinator Equipment Maintenance for use by water, wastewater and re-pump facilities. CONSIDERATIONS: 1. The purpose of this bid is to provide service (scheduled and emergency) for seven (7) locations to maintain chlorinators in proper and safe operation at all times. 2. Bid #01-3263 was posted on July 5, 2001. FiRy-nine (59) inquires were sent and no bids were received on July 24, 2001. 3. In accordance with Purchasing Policy, Staff chose to negotiate with Water Treatment and Controls Company, the vendor on the previous contract #9%2726, and the only respondent to that bid package. Water Treatment and Controls Company has been qualified and responsive in the past and Staff recommends award of a contract to Water Treatment and Controls Company for Chlorinator Equipment Maintenance. FISCAL IMPACT: Funds are currently budgeted in Water and Wastewater Collections Operations Fiscal Year 02 budgets. Other County departments may also utilize this bid. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of services. REVIEWED BY: REVIEWED BY: APPROVED BY: RECOMMENDATION: It is recommended that the Board of County Commissioners, Ex- Officio the Collier County Water/Sewer District, approve the award of a contract to "Chlorinator Equipment Maintenance" to Water Treatment and Controls Company. SUBMITTED BY: ~'~ e.~.,,....~_~,.,_> ~3 ~ DATE: b~ennis Bamard, ~ent "' J~'ph~h~eaeatham, Wastewater Director DATE: / Siephen ~. CameI1, Purchasing/GS Director "'~~) DATE: Torn/ Wides, Interim Public Utilities Administrator (o-/o -o/ OCT 2 3 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 768 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the 1 account that has been paid in full for the 1992 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien on the account listed in the Resolution and authorizing the Chairman to sign this 1 Satisfaction of Lien for the 1992 Solid Waste Collection Services Special Assessment Lien. AG~NOA "ITEm ~,~ NO. /~. ~ OCT 2 3 2001 pG. / Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility Billing and Customer Service Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service John/~'~.onkoskyl' ~ir~,tor / Utili~ and Ct~r service Jarn~-~"V. Mudd, P.E., Administrator Public Utilities Division Date: Date: Date: /~///~ / AG~:I~OA ZT£1,I ~ I~0. /~ ~ 0CT 2 3 2001 1 2 3 4 5 8 9 lO 1! 12 13 i4 15 i6 17 18 19 2O 21 22 23 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. 2001 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAiD IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance NO. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance NO. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance NO. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of' Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: ACCount NO. 105455 ThiS Resolution adopted this second and majority vote. __.day of ,2001, after motion, 37 38 ATTEST: 39 DWIGHT E. BROCK, CLERK 42 43 Approved as to form and 45 _hi 47~.~ David C. Weigel '. County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman NO._ /~ ~ ~ OCT 2 3 200l This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 61737120001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Weeks, Sterling E=& Ethel D P O Box 9463 Naples, FL 339419463 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES FARM SITES N 82.5FT OF S 247.5FT OF Wl/2 OF TR40 UNREC ND OR 933 PG 193 Folio No. 61737120001 Project No. 61000 Account No. 105455 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ~ 2001. AT'I'EST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN OCT 2 3 2001 PG. /4- , EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the I account that has paid in full for the 1993 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 1 Satisfaction of Lien for the 1993 Solid Waste Collection Services Special Assessment Lien. Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis/Revenue Supervisor Utility Bi.~g and Customer Service Teresa A. Rie~en, Revenue Manager Utility Billing and Customer Servj.ce John ,~.~pnkosky, Direct(:~ Utility Bill~aqd CustOmer.Service · James V~-'l~ludd, P.E., Administrator Public Utilities Division Date: ! RESOLUTION NO. 2001- 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 6 7 8 9 WHEREAS, pursuant to Collier County Ordinance No. 90~30, as amended, the Board t0 of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 ti authorizing the recording of notices of liens for the delinquent solid waste collection and 12 disposal services special assessments for 1993; and z3 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 14 approve by Resolution and record in the Official Records a Satisfaction of Lien on all 15 accounts that have been paid in full. ~6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY t7 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County ts Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the t¢ 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the 20 following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, ~2~ whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 3405 This Resolution adopted this second and majority vote. A'VI'EST: DWIGHT E. BROCK, CLERK day of , 2001, after motion, 37 38 39 Approved as to form and 40 le~cy: 43 ~ David C. 44 0 County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman OCT 2 3 2001 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 61737120001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Weeks, Sterling E=& Ethel D P O Box 9463 Naples, FL 339419463 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Five Dollars and Fifty Five Cents ($75.55) plus accrued interest and ,3enalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES FARM SITES N 82.5FT OF S 247.5FT OF W1/2 OF TR 40 UNREC ND OR 933 PG 193 Folio No. 61737120001 Project No. 63001 Account No. 3405 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this . day of _, 2001. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBEP~T,z~ACHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN 2 3 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special asSessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the 1 account that has paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the I Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 1 Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. OCT 2 3 2O0) Approved by: Prepared by: ' ~'~c.-.~.... ~"~ ~,C . Pa.m Ca. ll!s~Revenue Supervisor Ubli~ B~g and C~stomer, Se~ice Reviewed by: , ~ ~ TereSA. Riesen, Revenue Manager Utili~ Billing and ~ustom~r John A,~kosky, DJrect~ Utili~ ~~nd Custome~Se~i~ J~ Mudd, P.E., AdministratOr Public Utilities Division Date: Date: c'~,~ ~t / Date: ~ / 7..~/~ ~ / / Date: X T[FI' !.!, OCT 2 3 2001 RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS ~ FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 5 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES 6 SPECIAL ASSESSMENTS. 7 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board s of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing 9 the recording of notices of liens for the delinquent solid waste collection and disposal l0 services special assessments for 1994; and 11. WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to [2 approve by Resolution and record in the Official Records a Satisfaction of Lien on all 1.3 accounts that have been paid in full. 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 1.5 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 1.6 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 17 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the 1.8 following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, 19 whereupon a lien had been recorded on real property pertaining to the accounts identified ~ herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 20006 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 This Resolution adopted this second and majodty vote. ATTEST: DWIGHT E. BROCK, CLERK day of , 2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman Approv_.od--as~o form and I~jar~f~ency: ~ Da/rvid~ .~fel County A~omey This instrument prepared by: Robed Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No: 61737120001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Weeks, Sterling E=& Ethel D P O Box 9463 Naples, FL 339419463 The Lien was recorded on the 14~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES FARM SITES N 62.5FT OF S 247.5FT OF Wl/2 OF TR 40 UNREC ND OR 953 PG 193 Folio No. Project No. Account No. Collier County, a political subdivision acknowledges receipt of payment in full cancels Lien. 61737120001 64000 20006 of the State of Florida, hereby satisfaction of the Lien and hereby The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN VVITNESS VVHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By JAMES D. CARTER, Ph.D., CHAIRMAN AG~NOA OCT 2 3 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 20-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 20-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the 1 account that has paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 1 Satisfaction of Lien for the 1995 Solid Waste Collection Services Special Assessment Lien. .o.. 0CT 2 3 2001 Pam Callis, Revenue Supervisor Utility Bi~ling and Customer Service T~ere~a A. Rie , Manager Utili~.Billi?g. and Gu~tomer Reviewed by: Utility~ and Cust(~rTmr~ervice ,laffi~s V. Mudd, P.E., Administrator Public Utilities Division Date: Date: Date: Date: .o. 1,; c I~-- OCT 2 3 2001 RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS TItAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, aa mended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and 11 disposal setMces special assessments for 1995; and 12 WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in 13 Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier 14 County, Florida, which placed a lien on certain properties for the delinquent solid waste 15 collection and disposal services special assessments for 1995; and 16 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the 17 Board to approve by Resolution and record in the Official Records a Satisfaction of Liens 18 on all accounts that have been paid in full. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLAR COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full pa~vrnent and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sit on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 21225 This Resolution adopted this second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK 39 40 41 App~orm alld 4243 David 45 ~ County Attorney day of ,2001 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Cha/rman NO. /aC ! ~ 0¢1 2 3 200t This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 61737120001 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Weeks, Sterling E=& Ethel D PO Box 9463 Naples, FL 341019463 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES FARM SITES N 82.5FT OF S 247.5FT OF W1/2 OF TR 40 UNREC ND OR 933 PG 193 Folio No. 61737120001 Project No. 65000 Account No. 21225 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZAC~/(RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES D. CARTER, Ph. D., CHAIRMAN OCT 2 3 2001 EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $30.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION:That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Prepared by: Reviewed by: . Reviewed by: Approved by: Pam Callis,.Revenue Supervisor Utility B!l~g and C.ustomer. Service Teresa A. Riesen, Revenue Manager Utility Billing and Custom~r-$,,ervice John'~-'¥YSnkosky, ~ctor Utility..~]Jj~.g and C-u-~tomer Service Jarful. Mudd, P.E., Administrator Public Utilities Division Date: Date: Date: AC~I~A IT~I~I , "-1 OCT 2 3 2001 EXHIBIT "A" Alphonso Campbell, Folio #24370880004, Lots 30. Block A, Bondurant Subdivision Beulah Mae Coleman % Berthella Wilson, Folio #25630800008, Lot 13, Block 8. Carson Addition Ivan Magana, Folio #36116200001, Lot 10, Block 125, Unit 24, Golden Gate Emilio Roland Stillo ET AL. Folio #58108880006. Lot 4, Block 406, Marco Beach, Unit 13 Arthur Lee Watson. Sr. and Pauline W. Watson. Folio #36434960007, Lot 16, Block 234. Unit 7 Golden Gate EXECUTIVE SUMMARY APPROVE A PROFESSIONAL ENGINEERING DESIGN WORK ORDER WITH METCALF & EDDY, INC., FOR NEW REVERSE OSMOSIS RAW WATER SUPPLY WELLS FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70075 OBJECTIVE: To avoid potential water supply deficits and/or disruptions to water service. CONSIDERATIONS: The recently completed North County Regional Water Treatment Plant 8 million gallons per day (mgd) expansion project included ten new reverse osmosis raw water supply wells. Over the last two years, four of the ten wells have shown declining reliability. 8- mgd of water production cannot be fully achieved. It is imperative that engineering and construction of four new raw water supply wells begin immediately, to prevent a potential shortfall in potable water capacity, and supply. Staff has negotiated fees, and recommends that Work Order ME-FT-02-02 be issued to Metcalf & Eddy, Inc.(M&E), in the amount of $180.616. M&E, was the design engineer for the 8-mgd expansion project. Under this work order, they will provide 30% design for 4 new wells, and the associated plant processing analysis and design. It is the intent to negotiate the remaining work under a Design-Build contract to complete the design/permitting/construction/construction services. FISCAL IMPACT: Funds in the amount of $4,340,000 are budgeted tbr this project and available for this work order. The source of funds is Impact fees. GROWTH MANAGEMENT IMPACT: This project 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, approve, and authorize the Public Utilities Administrator to execute Work Order ME-FT-02-02 in the amount of $180,616 to Metcalf& Eddy, Inc., Project 70075. It is further recommended that Public Utilities Administrator be authorized to negotiate a Design-Build contract to construct new reverse osmosis wells and make the necessary plant modifications. ,9, tl SUBMITTED BY: z~-~,~-v-~ cfi/V //J,~r~s L. McGee, Project Manager Executive Summary Approve Work Order Page 2 REVIEWED BY: REVIEWED BY: APPROVED BY: Public Utilities Engineering Department Ro~/B. Anderson, P.E., Director Public Utilities Engineering Department l~aul Mattausch, Director Water Department DATE: ~¢,'~/',/'/~1 Public Utilities Division DATE: nO., /Oe_. Ii [ i~/ii/28~i 13:15 954-d58-52~0 ht~T¢/-~_F & EDDY PaGE 82/83 WORK ORDER # ME-FT-02-02 Agreement for Fixed Term Engineering Services Dated April 10, 2001 (Contract# 00-3119) This Work Order is for professional engineering services for work known as NCRWTP RO P.e. liability Wells and Plant Modifications ~_0_% Design and Permittine for 4 a~dilignal l~.eversc Osmosis Wells and associated vlan! modifications. Thc work is specified in the proposal dated October 8, 2001, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #ME-FT-01-02_is assigned to ~ Scope of Work: 1.0 Task A-Analysis and 30% design of NCRWTP modifications. 2.0 Task B-30% design and pc[mitring of Wellfield facilities. Sche. dule of Work: Complete work within 90 days from receipt of the Notice to Proceed authorizing start of work. Comwnsation: In accordance with Article Five of the Agreement, thc Cot~n:y will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule bclow (if a task is time and material, so indicate and use thc established hourly rate(s) as e~umeratcd in Schedule "A" of the Agreemenl). SERVICES FEE FEE TYPE 1.0 Task A-Plant Modifications 2.0 Task B-Wellfield Facilines $81,576 Fixed S99,040 Fixed TOTAL FEE $ 180,616 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the A~,reement. ~~ McGee, P~oject ManlEer Dale L. P.E. ~rk S. B~c~] Pzestd~t ACCEPTHD By: Date: ATTEST: (Corporate Secretary/Treasurer) By: 10/11/2881 13:59 95a-458'5208 ~TCALF & EDDV PAGE 82/05 Metcatf & Eddy October I 1, 2001 Mr. James McGee, P.E., Ph.D. Colli~ County Government Center Public Utilities Engineering 3301 E. Tarniami Trail Naples, Florida 34112' Subject: North County Regional Water Treatment Facihty (NCRWTF) Studies & Remediation Dear Mx. McGee: Based on our meetings in September, Metcalf& Eddy has prepared the enclosed proposal to investigate the existing wellfield a~ the North County Regional Water Treatment Facility and prepare preliminary documentation for modifica6on of the raw water supply and upgrading the water treatment facilit3'. This proj oct is crkical to help Collier Cou.uty meet the water demands in 2002. Our proposal consistsof an evaluation and a preliminary, design of the requi~ed facilities in an accelexated schedule. The proposal is provided in two work orders: Work Order 1: Wellfield Logging and Remediation Work Order 2: Preliminary Design of Treatment and Wellfield Facilities This l~rogram is being offered in fast-~acked engineering services to get the project to construction as soon as possible. Our proposed services will consist of various tasks needed to implement the project. These are described La the scope of work. The breakdovm of costs for these is as follows: WORK ORDER F~EES TYPE - Work Q'rder 1. Wellfield Remediaxion S212,036 T&M W~o'rk Order 2. ' ' Plant Modifications & Wellfield $180,616 L.S. Facilities Total $392,652 We have attached the following as part of this proposal: Metealf & Eddy, Inc. 3740 Executive Way Miramar, Flodda 333025 Phone: 954-450-7770 Fax: 954-450-5100 AG[gOA IT£#! .o. OCT 2 3 2001 10/11/2001 13:59 95d-~50-5200 P~TCALF & EDDY P~GE 03/03 Mr. James McGee October 11,2001 Page 2 · A scope of work for design services, bidding services, and construction services, including startup, for the addition of up lo four (4) new water supply wells. · A proposed project schedule · A detailed tabulation showing the associated engineering fees We cma complete work order No. I within 120 days of authorization and work order No. 2 within 90 days of atnhorization. For lump sum and lime and material costs we have ulilized the tm.ii rates thai are part of our current contrac! with Collier County (Contract gO0-3119). We look forward to discussing these items in detail. If you have any questions about ',his information, please do not hesitate to call. Sincerely, METCA_LF 8: EDDY, INC. Vice President Enclosures Cc: Nick Cooper AG~NI)~ ITE# I NO., /aL ~ c~ OCI 2 3 2001 North County Regional Water Treatment Facility Treatment and Wellfield Improvements and Wellfield Remediation Scope of Work October 8, 2001 Introduction Collier County has seen its water use increase by more than 50 percent in the past 10 years. The high quality Tamiami Aquifer, which underlies the county, was the primary source of water for many years. In 1993, the County was allowed to increase its allotment to the maximum allowable withdrawal of 20.82 mgd annual average, 31.97mgd peak day, when it constructed the North Regional Water Treatment Facility, using a water softening process. Beyond that time, additional water supplies would have to come from the brackish Hawthorn Aquifer, as much as 900 feet below ground. Although there were few limits placed by the State on water withdrawals from the Hawthorn Aquifer, it was unknox~q what quality or quantity could be anticipated over time with increased use. The City of Marco Island has used this aquifer with success for many years. Reverse osmosis treatment is required to make brackish water suitable for the water quality goals of Collier County. The reverse osmosis process and associated wells at the North County Regional Water Treatment Facility were constructed in 1999 to treat the high-chloride water of the Hawthorn Aquifer. Initial water quality was approximately 2300 mg/L chlorides. Several of the wells have shown deteriorating water quality within the past txvo years, with chlorides increasing to more than 4000 mg/L. The plant has accommodated these changes by blending, but has seen reduced water production as a result. It is expected that this reduced water production will cause water production to fall below demands as early as November 2002. The County has budgeted for replacement wells and plant upgrades in FY 2002 to accommodate the changing quality. It is critical that the new facilities be constructed before the water demand increases in autumn 2002. The County desires to have the new facilities designed and built on a fast track schedule to meet that schedule. The following tasks provide the investigation and preliminary design necessary to move the project toward implementation. A design/build project is planned for authorization within the next 2 months. N0. / g, C., ! c~ OCT 2 3 2001 IlL Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 2 of 10-1-0 Scope of Engineering Services The following major project tasks are planned. Task A. Water Treatment Plant Improvements Background The North County Regional Water Treatment Facility was designed using data from wellfield studies conducted in 1995. The dissolved chloride level in the test well, which formed the basis of the design, was approximately 2100 mg/L chlorides. The reverse osmosis treatment trains constructed in 1998 have the capability to accommodate up to 3000 mg/L with no reduction in capacity. At the time of commissioning, the chloride concentration in the North wells averaged approximately 2500 mg/L. Since 1999, the chloride level in the wellfield has increased dramatically, and in at least one well has risen to as much as 9500 mg/L. Due to the high chlorides in several of the best-producing wells, they cannot be used except when blended with other wells. The concern is for future treatment if the wells continue to degrade. At chloride levels above 3000 mg/L in the raw water, treatment capacity will be reduced. Metcalf & Eddy will conduct an investigation of options for accommodating higher chloride raw water, and determine the ultimate capability of the plant under future conditions. Based on these investigations, we will identif,v the maximum chloride level that can be treated, and plant improvements required to treat the water to the desired water quality. Task A.1. Data Collection and Analysis. M&E will evaluate raw water data provided by the County from each well (if available) as well as plant raw water based on several blends of wells. Data analyzed by the plant staff and the County's contracted laboratory shall include raw water total dissolved solids (TDS), chlorides, sodium, alkalinity, hardness, temperature, calcium, magnesium, sulfate, silica, and pH. Based on these data, M&E will develop a range of likely raw water parameters that must be treated. Existing operating data for the reverse osmosis and membrane softening processes will be reviewed to determine efficiency and repeatability of treatment quality. Data to be analyzed will consist of operating times and production rates, raw water quality, permeate quality, concentrate characteristics, feed and residual pressures, and power usage for each process. 1'4 OCT 2 3 2001 PG..,,.. ·"7 , ~_ Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8,2001 Page 3 of 10-1-0 Task A.2. Water Quality Objectives. One approach to increasing the capability of the reverse osmosis process is to set a higher target level of chlorides in the permeate, which would reduce required feed pressure. The membrane softening process and reverse osmosis process trains will be investigated for favorable blend of permeates to determine the maximum chloride level allowable from the reverse osmosis trains. A finished water goal will be established based on consultation with County staff. Task A.3. Reverse Osmosis Treatment Projections. Several model investigations will be conducted to determine the power (pressure) required to produce identified water quality objectives. A range of water quality projections will be developed for different raw water quality and pressure options. This will serve as the basis for developing process upgrade options at the plant. Task A.4. Options for Plant Upgrades. Several options will be developed to increase capacity of the reverse osmosis system to accommodate the changed water quality determined in previous tasks. /he possible alternatives to be investigated include: a. Membrane softening process bypass of Tan~iami water b. Inter-stage booster equipment c. Additional bowls in RO feed pumps d. Replacement membranes and change of 1st stage/2nd stage split e. Raw water turbochargers using concentrate pressure f. Replacement pumps, motors and VFDs Each option will be evaluated on the basis of impacts to: · Power systems. · Instrumentation and control, · Chemical requirements and feed modifications, and · Degasification. The options will be compared based on initial and long-term value, and addressing further deterioration of the wellfield. Any permitting issues associated with the options will be identified. The installation and conversion constraints of each option will be determined, and a recommended plan developed for implementation. The recommended approach will likely be a progressive implementation of several alternatives, to increase reliability and flexibility of the upgraded system. Task A.5. preliminary design level plans and equipment specifications. A new control configuration and P&ID changes will be prepared. Preliminary Design. The recommended approach will be developed in A~NOA IT£# I no._ /~c. lc/ OCT 2 3 2001 PCs. g Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 4 of 1~0-1-0 These preliminary design documents will be of suitable detail to allow a contractor to price the construction of the recommended improvements. They will also be suitable for submittal to Florida Department of Environmental Protection (FDEP) for review as plant process modifications. Task A.6. Reports' and Preliminary Design Documents. The project documentation will be in several technical memoranda and a preliminary design report. Ten copies of a draft preliminary design report will be prepared for County review, and presented at a design review meeting. The County's project coordinator will compile county comments and issue as a single review package. Final report will incorporate County review comments, within 3 weeks after receipt of the review package. Ten copies of the final report will be submitted. The project will commence immediately upon authorization to proceed, and the County staff will provide all requested data on that date. Preliminary options for treatment modifications will be developed within 5 weeks, and a recommended plan proposed within 8 weeks after notice to proceed. If for any reason, there is uncertainty regarding the quantity and quality of the raw water, M&E will notify the County and the schedule will be adjusted accordingly. Documentation for FDEP review will be prepared within 2 weeks after County accepts implementation plan, and draft report completed within 4 weeks. Task B. Wellfield Facilities Background The deteriorating water quality in the western portion of the North County Regional well field dictates that additional wells be constructed as replacements to those with excessive chlorides. Collier County has determined that up to four (4) wells should be added to the system at this time, to provide the required reliability to the reverse osmosis system. Preliminary investigations have led to the siting of these new facilities east of the existing well field, to be connected through the existing pipelines to the plant. They will be configured for automatic operation from the plant, and have remote flow and water level monitoring from the plant. The existing North County Regional wellfield consists of 10 wells (1 to 11) spaced generally 1,200 feet apart, in a linear alignment along Vanderbilt Beach Road Extension, to the Olde Florida Golf Club. The wells are connected to the treatment facility by a dual water transmission main to Well 7. A single 18-inch main continues east to well number 10. From Well 10 to Well 11, the transmission main is 16-inches. A~I~)A IT£M t NO. /~, ,"' } ~' OCT 2 3 2.001 Treatment and Wellfield ImProvements and Wellfield Remediation Scope of Services October 8, 2001 Page 5 of I__Q0-1-0 The new wells will be constructed in the school district property east of the Olde Florida Golf Club, starting 1,200 feet east of Well 11. The wells will be located along the SFWMD canal access road It has been assumed that there is available public right of way or county property available for the new wells. If easements are required for either the wells or the raw water main, the proposed schedule will have to be adjusted. The Water Use Permit will have to be modified, and well construction specifications developed to construct the new facilities. Task B.1. Design Criteria The design of the facilities that convey raw water to the plant will be dependent on the actual yield of each well. For purposes of this proposal and for preliminary design purposes, it will be assumed that each well will produce (yield) up to 1,100 gpm, and that any combination of up to 10 existing and new wells may be operating to deliver raw water to the plant. M&E will develop a transmission main hydraulic model to determine pipeline sizes and well pump discharge pressures required to deliver adequate flow for 8-mgd reverse osmosis capacity. The transmission system will be modeled to determine requirements to upgrade the system to accommodate up to 9,000 gpm of raw water flow. Design criteria for well pumps, pipelines and system pressures will be developed in conjunction with the options investigated for reverse osmosis process upgrades. An equipment list of required well pumping system elements will be developed, with preference for County approved equipment. A technical memorandum will be prepared for this task. Task B.2. Preliminary Design - Transmission Main M&E will review information from a horizontal survey of the new transmission main route from the County, currently being provided by another consultant. Based on the mapping and the locations of well sites provided by the County, M&E will develop a preliminary alignment plan of the new transmission main(s). The preliminary design will show locations of isolation valves, pig launching stations and interconnections of dual mains. The design may include replacement of existing mains on the eastern end of the existing well field. Task B.3. Preliminary Design - Above Ground Facilities New above ground facilities will be required at each of the wells to be constructed in this wellfield expansion project. It is assumed that the power supply and emergency OCT 2 3 p~.. t0 Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8,2001 Page 6 of 1_9_04-0 generator will be at one of the wells, which will serve as a central control building. Controls and power will be provided in a duct bank to the other three buildings. The central well control building will be configured generally similar to existing Well House 9. The three associated buildings will have the same components as the existing well vaults, but will 'be configured similar to existing Well House 2. Civil and piping layouts, power requirements and HVAC requirements will be developed. in a format suitable for a contractor to develop pricing. Task B.4. Preliminary Design - Process Operation Plant operation will be affected by the additional wells to be incorporated; both in raw water system pressure and flow variability. A revised operational plan will be developed for the wellfield and reverse osmosis system. This new operational plan will be prepared for review and approval of County staff. Task B.5. Documentation The preliminary design will be developed in graphic and narrative formats, in a format that is suitable for submittal to the Florida Department of Environmental Protection (FDEP). Five copies of a draft preliminary design package of drawings and narrative specifications will be developed for County review. A design review meeting will be held to review the plans and make final comments. Revised plans will incorporate Countv comments, and will be suitable for developing quotations from prequalified contractors. Five copies of the preliminary design package will be provided to the County within 2 weeks after receipt of County comments. Task B.6. Water Use Permit Modifications WRS will initiate the WUP modification process by calling for a meeting at an early date with the District to discuss the wellfield situation and the proposed course of action. WRS will prepare a Water Use Permit Modification request package for submittal to SFWMD in order to transfer some of the existing wellfield production to the new wells. Any required permit application fees will be the responsibility of the County. The scope of work assumes that no net increase in the current allocation will be requested at this time. It is anticipated that the District, because of water quality issues that affect the wellfield, will express some heightened concern. It is assumed in the scope of work that these issues can be mitigated by technical arguments without the need for providing an extensive amount of additional data that is not normally required for this type of permit AG~#DA IT~:~ OCT 2 3 2001 Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 7 of 104-0 modification. The work scope for this task includes participation in two meetings with the District to address any permit issues and coordinate efforts to expedite the permitting process. A change order will be requested in the event that a significant amount of unanticipated extra work is required by the District to permit the project. While WRS will try to minimize permit modification requirements, we do expect the District to require that drawdown impacts be assessed for the new pumping scenarios through the application of a groundwater flow' model. WRS will perform this modeling as part of the work scope. It is assumed in the proposal that the complexity, of the flow model required will be similar to that applied when the wellfield was originally permitted (3-D MODFLOW model, with uniform hydraulic coefficients, and regional flow simulated with constant head boundaries). It is further assumed that solute transport modeling to assess water quality deterioration in the wellfield will not be required at this time. WRS can provide any additional groundwater modeling services required under a change order to the contract. Task B.7. Well Design and Technical Specifications It is currently anticipated that well construction will be conducted under some form of turnkey process. Technical specifications and drawings will be required in order to obtain reasonable bids from qualified drilling contractors. WRS will prepare a set of draft specifications and plans (60 percent design completion) and submit them to the County for review before they are issued for quotation by potential drilling contractors. All plans and specifications will be prepared under the direct supervision of a licensed professional engineer in the State of Florida. The specifications will include work elements designed to provide additional hydrogeologic information that will be used to assess the potential effects of mineralized water upconing in the well field. V~S previously recommended to the County construction of two deep monitor wells at selected sites within the existing wellfield to provide additional groundwater quality and hydraulic data for this evaluation. It is more economical to use the proposed production wells for this purpose. We anticipate that this will involve overdrilling of a pilot hole at one or more production well sites to a maximum depth of 1.200 feet below land surface, and associated packer testing. The field testing plan will include a 72-hour aquifer performance test. A memorandum addressing plans for field testing will be prepared and submitted to the County for review once the number of wells to be constructed and their locations has been finalized. OCT 2 3 2001 Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 8 of 1_9_04-0 Task C. Wellfield Remediation Background WRS conducted a preliminary review of wellfield performance and site hydrogeologic data associated with' the rapid increase in dissolved salt concentrations that has occurred at some production wells located in the western part of the wellfield. The initial findings were presented in meetings with County staff held on August 27. September 13, and September 27. 2001. Based on initial investigations and review of data compiled by the County, several existing wells have experienced upconing from deeper formations, which has led to extraction of raw water with high chloride levels. A review of the data indicates that upconing may be remediated in some cases by backplugging of the lower open hole interval with grout. Water Resource Solutions (WRS), serving as a subconsultant to Metcalf and Eddy (M&E), will provide the following hydrogeologic services related to the North Count.,,' Regional Water Treatment Plant Wellfield Project: Task C.1. Data Analysis and Work Plan Development The preliminary evaluation will be expanded in this phase of the project with the intent of better identifying the source of the problem and assessing the feasibility of developing remedial measures. Potential options that will be examined include: · Backplugging of open hole completion intervals below selected depths. · Redistributing production well withdrawals within the existing wellfield to areas of better water quality, and · The possibility of developing some production capacity from the mid-Hawthorn aquifer. Ideas concerning the applicability of aquifer storage and recovery or aquifer recharge as a possible long-term remediation strategy will also be addressed. WRS will complete its compilation of available information concerning the project and evaluate wellfield performance data, production well pumping records, hydrogeologic information, and borehole geophysical logs. For purposes of this scope, it is currently anticipated that three existing wells will be recommended for additional geophysical logging (fluid flow, fluid resistivity, caliper) in order to better assess the viability of backplugging them to decrease the potential for upconing. OCT 2 3 200! Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 9 of 104-0 Some work has already been done attempting to better characterize the source of the mineralized water reaching the production wells based on major ion water chemistry. This potentially useful approach will be expanded in the current phase of the project. Samples of groundwater from selected wells will be collected for laboratory analysis to provide additional water quality data for this assessment. A step-drawdown test will be'conducted at each of the existing production well sites to determine current withdrawal capacities. The data will be examined along with the original wellfield results for evidence of open hole plugging, to help develop plans for redistributing withdrawals within the wellfield~ and in selecting wells for backplugging. WRS will participate in a Kickoff Meeting to discuss the direction of the project. A progress meeting will be conducted once the initial investigation findings are available to address specific plans for well logging and remediation. A Technical Memorandum will be prepared at the conclusion of the project that presents the results of the investigation and any well modification activities performed. Task C.2. Geophysical Logging In the case of wells approved for geophysical logging. WRS will develop project specifications and procure a qualified contractor to remove necessary wellhead and pumping equipment, maintain flow control, run caliper and dynamic fluid flow and fluid resistivity logs, disinfect the well. reinstall ~vellhead and pump. and clear the well for bacteria (assume 4 consecutive passing samples required). WRS will oversee the contracted work. evaluate data collected, and if determined viable, select approl:riate intervals for open hole backplugging. Task C.3. Open Hole Backplugging A maximum of two wells would be backplugged in this stage of the project. The process could be extended later to other wells on a case-by-case basis, if the performance of the three demonstration wells is encouraging. It would be most economical to backplug wells right after geophysical logging has been done. while the wellhead is already disassembled and the pump removed for logging purposes. This may not be possible if wells must be returned to service before the process can be completed. A remobilization fee is therefore included in the proposal in the event that logging and backplugging are conducted in separate project phases. Specific authorization from the County will be obtained before any logging or well backplugging is performed under this scope of work. In the case of wells approved for backplugging. WRS will develop project specifications and procure a qualified contractor to backplug selected open hole intervals with cement grout. V~RS will monitor contracted work progress and perform a step-drawdown test of any backplugged well after the permanent well pump has been reinstalled in order to A~_~t~A ITCH ~ nO. /~ ~ I OCT 2 3 2001 PG. 1 4 Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 10 of 104-0 determine the post-workover withdrawal capacity. Recommended pumping rates will be provided for any wells that are backplugged. The test results and recommended pumping rate information will be provided to the County in written format soon after the information is available. Task C.4. Video Survey and Thief Sampling (Optional) Based on the September 27, 2001 meeting discussion, the problem of sand production at RO well 5 appears to have been solved. However, an optional line item cost to conduct additional testing designed to identify the main sand producing interval(s) is included in the proposal, just in case the current approach to the problem being addressed by others is unsuccessful. The testing specified in the proposal (down well video survey, thief sampling), and potentially remediation of the sand problem, could be done cost- effectively if it were incorporated in the broader geophysical logging and backplugging program already proposed. As an option, the County may authorize WRS to examine the problem of sand production at RO-5 and implement remedial measures to address it. As part of this future work scope, WRS will quantify sand concentrations in the discharge at different pumping rates. If authorized, WRS will develop project specifications and procure with a qualified contractor to perform a down well video survey of the well under flowing conditions and collect water samples from specific well depths (thief sampler) in an attempt to identi~~ the sand producing interval(s). The results will be evaluated to assess the feasibility of implementing a successful remediation strategy. It is considered likely, based on the existing data, that backplugging of the well to reduce the potential for upconing would also address the sand problem. It is assumed in the proposal that if open hole plugging is performed, it will be done as part of other work tasks specified in the proposal. NO._ /~ ~ J OCT 2 3 2l)01 o ~ m 0 ~ ~ o~oooo ~ ~ ~ oooooo ~ Z o m -q m OCT 2~3 2001 EXECUTIVE SUMMARY APPROVE COMMITTEE SELECTION OF FIR31S FOR CONTRACT # 01-3272 "PRODUCTION OF BEACH COMPATIBLE SAND" OBJECTIVE: To obtain Board of County Commissioners approval of Committee's selection of firms for Production of Beach Compatible Sand. CONSIDERATIONS: A Request for Proposal (RFP) was issued on July 24, 2001 for firms capable of producing beach compatible sand. The scope of the RFP was "for the purpose of establishing a one (1) year contract with three (3), one (1) year renewal options". Notices were sent to forty-two (42) firms with six (6) requesting full packages. Two (2) proposals were received on August 24, 2001. The Selection Committee met on September 10, 2001 and October 5, 2001 and after review and discussion, by consensus of the members, the following two firms (in no order of ranking) were recommended for award: Big Island Excavating, Inc., Naples, FL E. R. Jahna Inc., Lake Wales, FL FISCAL IMPACT: The funding for each purchase order that is issued under the approved contracts will come from each project. It is anticipated that TDC CategoD' "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, and authorize the Chairman to execute standard County contracts after review by the County attorney. SUBMITTED BY: /~;~, , .-' · REVIEWED BY: REVIEWED BY: APPROVED BY: Date: Ron Hovell, P.E., Coastal Projects Manager ,," / , l-A/ ~oy ~derson, P.E., Public Utilities En~neefing Director EXECUTIVE SUMMARY APPROVE A PROFESSIONAL ENGINEERING WORK ORDER WITH METCALF & EDDY, INC., FOR WELLFIELD REMEDIATION FOR THE REVERSE OSMOSIS RAW WATER SUPPLY WELLS FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT. OBJECTIVE: To avoid potential water supply deficits and/or disruptions to water service. CONSIDERATIONS: The recently completed North County Regional Water Treatment (NCRWT) Plant 8 million gallons per day (mgd) expansion project included ten new reverse osmosis raw water supply wells. Over the last two years, fbur of the ten wells have shown declining reliability. 8-mgd of water production cannot be fully achieved. Four new reliability wells are planned: however, four of the existing wells require immediate remediation. Staff has negotiated fees. and recommends that Work Order ME-FT-02-0I be issued to Metcalf & Eddy, Inc. (M&E), in the amount of $212.036. M&E. was the design engineer for the 8-mgd expansion project. Under this work order, they will provide analysis, geophysical logging, open hole back-plugging, and video surveying to the four existing wells. FISCAL IMPACT: A budget amendment is needed to transfer $212,036 from the reserve account of County Water Capital Projects to Water Capital Project Fund (412), under project number 70092, NCRWT Plant Well Remediation. Source of funds is Water user tees. GROWTH MANAGEMENT IMPACT: This project 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, approve, and authorize the Public Utilities Administrator to execute Work Order ME-FT-02-01 in the amount of $212,036 to Metcalf & Eddy, Inc., and approve the appropriate budget amendment. SUBMITTED BY: ~es:~L. McGee, Project Manager Public Utilities Engineering Department REVIEWED BY: Roy B. Anders~or Public Utilities Engineering Department DATE: /,~/gL;//~ / DATE: / ' [GENDA ITEM No. I~ ~-_. OCT 2 3 2001 pg... I Executive Summary Approve Work Order Page 2 REVIEWED BY: APPROVED BY: Public Utilities Engineering Department f /Paul M/attaus~h, Director Water Department DATE: DATE: Thomas Wides, Interim Administrator Public Utilities Division AGENDA 0 C T 2 3 ..-% 10/11/2801 13:15 954-458-528~ MATCALF & EDD",' PAGE 83/83 WORK ORDER # ME-FT.02.01 Agreement for Fixed Term Engineering Services Dated April 10, 2001 (Contract# 00-5119) This Work Order is for professional engineering services for work known as NCRWTP Re Wclifield Remediation Well txcubleshooting, well log_~ing, o_vcn hole back-~lu_~_~ins[, video surveying. Thc work is speciftcd in thc proposal dated October g, i001, which is at~achcd hereto and made a part of this Work Order. In accordance w/th the Terms and Conditions of the Agreement referenced above, Work Order # -_~is assigned to Metcalcf & Eddy. 1.0 Task C.1-Analysis and Work Plan Develol~ment. 2.0 Task C.2-G¢ophysicai Lo~ging 3.0 Task C.3-Open Hole Back-plu~ging. 4.0 Task CA-Video Surveying. _Schedule of Work: Complete work within 120 days from receipt of thc Notice to Proceed authorizin~ start of work. ' om~ion: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance wi~h the negotiated lump sum amount indicated in the ~chedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). SERVICES I~ER ~EE TYI'E 1.0 Task C.1 $30,908 T&M 2.0 Task C.2 $119,9~$ T&M 3.0 Task C.3 $~9,613 T&M 4.0 Task C.4 $11,630 TOTAL FEI/ $ 212,036 Any change within monetary authority of ~his Work Order made subsequent to final department approval will be considexed an additional service and charged according to Schedule "A' of the Agreement. PRI~PARED BY: APPROVI~D BY: ACCEPTED By: Date:. 10-11-01 ,/~_es L. ~¢Gec,~p.E. Project Manager Roy/I~. Anderson, ~ ~ Director hrk S. lliudd?, Vice Presiden~ Date Date ATTEST: (Corporate Secretary/Treasurer) By: OCT 2 3 2001 18/11/2~01 13:59 954-450-52~ HATCALF 8: EDDY PAGE 82/53 Metcalf & Eddy October I 1, 2001 Mr. 3au~es McGee, P.E., PhD. Collier County Oovemment Public Utilities Engineering 3301 E. Tamiami Trail Naples, Florida 34i 12. Subject: North County Regional Water Treatment Facility (NCRWTF) Studies & Remediation Dear ~'h'. McOee: Based on our meetings in September, Metcalf & Eddy has prepared the enclosed proposaI to ffavesdgate the existing wellfield a~ the North County Regional Water Treatment Facilirv and prepare preliminary documentation for modification of the raw v~ater supply and upgrading the water treatment facility. This prqjeet is critical ~o help Collier County meet the water demands in 2002. Our proposal consist~ofan evaluaton and a preliminary design of the requized facilities in an accelerated schedule. The proposal is provided in two work orders: Work Order l: Wellfield Logging and Remediation Work Order 2: Preliminary Desig'n of Treatment and Wellfield Facilities This program is being offered in fast-tracked engineering services to get the project to construction as soon as possible. Our proposed services will consist of venous tasks needed to implement the project. These ate described in the scope of work. The breakdown of costs for these is as follows: "Woa OZD r TYPE Work Order I. Wel)field Remediafion $212,036 T&M W~ork Or~ter 2.' Plant Mod~flc~dons ~ Wellfield $180,616 L.S. Facilities Total $392,652 We have attached the following as part of this proposal: Metealf & Eddy, Inc~ 3740 Executive Way Miramar, Flor/da 333025 Phone: Fax: 954-450-7770 954-450-5100 OCT 2 32001 18/11/2881 13:59 954-459-5280 MATC.~_F & EDDY PAGE 83/83 Mr. James McGee October 11, 2001 Page 2 · A scope of work for design services, bidding services, and construction services, including startup, for the addition of up to four (4) new v~ter supply va:ils. · A proposed project schedule · A detailed tabulation showing the associated engineering tees We can complete work order No. 1 within 120 days of authorization and work order No. 2 within 90 days of authorization. For lump sum and time and mae'rial costs wc have utilized the unit rates tha~ are part of our current contrac! with Collicr County, (Contract ~00-3119). We look forward to discussing these items in detail. If you have any questions .',bout this information, please do not hesitate to call. Sincerely, METCALF & EDDY, INC. Vice President Enclosures Cc: Nick Cooper 2001 North County Regional Water Treatment Facility Treatment and Wellfield Improvements and Wellfield Remediation Scope of Work October 8, 2001 Introduction Collier County has seen its water use increase by more than 50 percent in the past 10 years. The high quality Tamiami Aquifer, which underlies the county, was the primary source of water for many years. In 1993, the County was allowed to increase its allotment to the maximum allowable withdrawal of 20.82 mgd annual average, 31.97mgd peak day, when it constructed the North Regional Water Treatment Facility, using a water softening process. Beyond that time, additional water supplies would have to come from the brackish Hawthorn Aquifer, as much as 900 feet below ground. Although there were few limits placed by the State on water withdrawals from the Hawthorn Aquifer, it was unknown what quality or quantity could be anticipated over time with increased use. The City of Marco Island has used this aquifer with success for many years. Reverse osmosis treatment is required to make brackish water suitable for the water quality goals of Collier County. The reverse osmosis process and associated wells at the North County Regional Water Treatment Facility were constructed in 1999 to treat the high-chloride water of the Hawthorn Aquifer. Initial water quality was approximately 2300 mg/L chlorides. Several of the wei~s have shown deteriorating water quality within the past two years, with chlorides increasing to more than 4000 mg/L. The plant has accommodated these changes by blending, but has seen reduced water production as a result. It is expected that this reduced water production will cause water production to fall below demands as early as November 2002. The County has budgeted for replacement wells and plant upgrades in FY 2002 to accommodate the changing quality. It is critical that the new facilities be constructed before the water demand increases in autumn 2002. The County desires to have the new facilities designed and built on a fast track schedule to meet that schedule. The following tasks provide the investigation and preliminary design necessary to move the project toward implementation. A design~uild project is plarmed for authorization within the next 2 months. Treatment and Wellfield ImProvements and Wellfield Remediation Scope of Services October 8, 2001 Page 2 of 10-1-0 Scope of Engineering Services The following major project tasks are planned. Task A. Water Treatment Plant Improvements Background The North County Regional Water Treatment Facility was designed using data from wellfield studies conducted in 1995. The dissolved chloride level in the test well, which formed the basis of the design, was approximately 2100 mg/L chlorides. The reverse osmosis treatment trains constructed in 1998 have the capability to accommodate up to 3000 mg/L with no reduction in capacity. At the time of commissioning, the chloride concentration in the North wells averaged approximately 2500 mg/L. Since 1999, the chloride level in the wellfield has increased dramatically, and in at least one well has risen to as much as 9500 mg/L. Due to the high chlorides in several of the best-producing wells, they cannot be used except when blended with other wells. The concern is for future treatment if the wells continue to degrade. At chloride levels above 3000 mg/L in the raw water, treatment capacity will be reduced. Metcalf & Eddy will conduct an investigation of options for accommodating higher chloride raw water, and determine the ultimate capability of the plant under future conditions. Based on these investigations, we will identi~' the maximum chloride level that can be treated, and plant improvements required to treat the water to the desired water quality. Task A.1. Data Collection and Analysis. M&E will evaluate raw water data provided by the County from each well (if available) as well as plant raw water based on several blends of wells. Data analyzed by the plant staff and the County's contracted laboratory shall include raw water total dissolved solids (TDS), chlorides, sodium, alkalinip:,, hardness, temperature, calcium, magnesium, sulfate, silica, and pH. Based on these data, M&E will develop a range of likely raw water parameters that must be treated. Existing operating data for the reverse osmosis and membrane softening processes will be reviewed to determine efficiency and repeatability of treatment quality. Data to be analyzed will consist of operating times and production rates, raw water quality, permeate quality, concentrate characteristics, feed and residual pressures, and power usage for each process. OCT 2 3 ZOal Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 3 of 10-1-0 Task A.2. Water Quality Objectives. One approach to increasing the capability of the reverse osmosis process is to set a higher target level of chlorides in the permeate, which would reduce required feed pressure. The membrane softening process and reverse osmosis process trains will be investigated for favorable blend of permeates to determine the maximum chloride level allowable from the reverse osmosis trains. A finished water goal will be established based on consultation with County staff. Task A.3. Reverse Osmosis Treatment Projections. Several model investigations will be conducted to determine the power (pressure) required to produce identified water quality objectives. A range of water quality projections will be developed for different raw water quality and pressure options. This will serve as the basis for developing process upgrade options at the plant. Task A.4. capacity, of determined Options for Plant Upgrades. Several options will be developed to increase the reverse osmosis system to accommodate the changed water quality in previous tasks. The possible alternatives to be investigated include: a. Membrane softening process bypass of Tamiami water b. Inter-stage booster equipment c. Additional bowls in RO feed pumps d. Replacement membranes and change of 1st stage/2nd stage split e. Raw water turbochargers using concentrate pressure f. Replacement pumps, motors and VFDs Each option will be evaluated on the basis of impacts to: · Power systems, · Instrumentation and control, · Chemical requirements and feed modifications, and · Degasification. The options will be compared based on initial and long-term value, and addressing further deterioration of the wellfield. Any permitting issues associated with the options will be identified. The installation and conversion constraints of each option will be determined, and a recommended plan developed for implementation. The recommended approach will likely be a progressive implementation of several alternatives, to increase reliability and flexibility of the upgraded system. Task A.5. Preliminary Design. The recommended approach will be developed in preliminary design level plans and equipment specifications. A new control configuration and P&ID changes will be prepared. ,o. I t..., G, OCT 2 3 2001 Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 4 of 10-14 These preliminary design documents will be of suitable detail to allow a contractor to price the construction of the recommended improvements. They will also be suitable 'for submittal to Florida Department of Environmental Protection (FDEP) for review as plant process modifications. Task A.6. Reports i~nd Preliminary Design Documents. The project documentation will be in several technical memoranda and a preliminary design report. Ten copies of a draft preliminary design report will be prepared for County review, and presented at a design review meeting. The County's project coordinator will compile county comments and issue as a single review package. Final report will incorporate County. review comments, within 3 weeks after receipt of the review package. Ten copies of the final report will be submitted. The project will commence immediately upon authorization to proceed, and the County staff will provide all requested data on that date. Preliminary options for treatment modifications will be developed within 5 weeks, and a recommended plan proposed within 8 weeks after notice to proceed. If for any reason, there is uncertainty, regarding the quantity and quality of the raw water, M&E will notify the County and the schedule will be adjusted accordingly. Documentation for FDEP review will be prepared xvithin 2 weeks after County accepts implementation plan, and draft report completed within 4 weeks. Task B. Wellfield Facilities Background The deteriorating water quality in the western portion of the North County Regional well field dictates that additional wells be constructed as replacements to those with excessive chlorides. Collier County has determined that up to four (4) wells should be added to the system at this time, to provide the required reliability to the reverse osmosis system. Preliminary investigations have led to the siting of these new facilities east of the existing well field, to be connected through the existing pipelines to the plant. They will be configured for automatic operation from the plant, and have remote flow and water level monitoring from the plant. The existing North County Regional wellfield consists of 10 wells (1 to 11) spaced generally 1,200 feet apart, in a linear alignment along Vanderbilt Beach Road Extension, to the Olde Florida Golf Club. The wells are connected to the treatment facility by a dual water transmission main to Well 7. A single 18-inch main continues east to well number 10. From Well 10 to Well 11, the transmission main is 16-inches. OCT 2 3 2001 Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 5 of 10.__~ The new wells will be constructed in the school district property east of the Olde Florida Golf Club, starting 1,200 feet east of Well 11. The wells will be located along the SFWMD canal access road It has been assumed that there is available public right of way or county property available for the new wells. If easements are required for either the wells or the raw water main, the proposed schedule will have to be adjusted. The Water Use Permit will have to be modified, and well construction specifications developed to construct the new facilities. Task B.1. Design Criteria The design of the facilities that convev raw water to the plant will be dependent on the actual yield of each well. For purposes of this proposal and for preliminary design purposes, it will be assumed that each well will produce (yield) up to 1,100 gpm, and that any combination of up to 10 existing and new wells may be operating to deliver raw water to the plant. M&E will develop a transmission main hydraulic model to determine pipeline sizes and well pump discharge pressures required to deliver adequate flow for 8-mgd reverse osmosis capacity. The transmission system will be modeled to determine requirements to upgrade the system to accommodate up to 9,000 gpm of raw water flow. Design criteria for well pumps, pipelines and system pressures will be developed in conjunction with the options investigated for reverse osmosis process upgrades. An equipment list of required well pumping system elements will be developed, with preference for County approved equipment. A technical memorandum will be prepared for this task. Task B.2. Preliminary Design - Transmission Main M&E will review information from a horizontal survey of the new transmission main route from the County, currently being provided by another consultant. Based on the mapping and the locations of well sites provided by the County, M&E will develop a preliminary alignment plan of the new transmission main(s). The preliminary design will show locations of isolation valves, pig launching stations and interconnections of dual mains. The design may include replacement of existing mains on the eastern end of the existing well field. Task B.3'. Preliminary Design - Above Ground Facilities New above ground facilities will be required at each of the wells to be constructed in this wellfield expansion project. It is assumed that the power supply and emergency Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 6 of 10~-1-0 generator will be at one of the wells, which will serve as a central control building. Controls and power will be provided in a duct bank to the other three buildings. The central well control building will be configured generally similar to existing Well House 9. The three associated buildings will have the same components as the existing well vaults, but will' be configured similar to existing Well House 2. Civil and piping layouts, power requirements and HVAC requirements will be developed, in a format suitable for a contractor to develop pricing. Task B.4. Preliminary. Design- Process Operation Plant operation will be affected bv the additional wells to be incorporated; both in raw water system pressure and flow variability. A revised operational plan will be developed for the wellfield and reverse osmosis system. This new operational plan will be prepared for review and approval of County staff. Task B.5. Documentation The preliminary design will be developed in graphic and narrative formats, in a format that is suitable for submittal to the Florida Department of Environmental Protection (FDEP). Five copies of a draft preliminary design package of drawings and narrative specifications will be developed for County review. A design review meeting will be held to review the plans and make final comments. Revised plans will incorporate County comments, and will be suitable for developing quotations from prequalified contractors. Five copies of the preliminary design package will be provided to the County within 2 weeks after receipt of County comments. Task B.6. Water Use Permit Modifications WRS will initiate the WUP modification process by calling for a meeting at an early date with the District to discuss the wellfield situation and the proposed course of action. WRS will prepare a Water Use Permit Modification request package for submittal to SFWMD in order to transfer some of the existing wellfield production to the new wells. Any required permit application fees will be the responsibility of the County. The scope of work assumes that no net increase in the current allocation will be requested at this time. It is anticipated that the District, because of water quality issues that affect the wellfield, will express some heightened concern. It is assumed in the scope of work that these issues can be mitigated by technical arguments without the need for providing an extensive amount of additional data that is not normally required for this type of permit Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8,2001 Page 7 of 10~-1-0 modification. The work scope for this task includes participation in two meetings with the District to address any permit issues and coordinate efforts to expedite the permitting process. A change order will be requested in the event that a significant amount of unanticipated extra work is required by the District to permit the project. While WRS will try to minimize permit modification requirements, we do expect the District to require that drawdown impacts be assessed for the new pumping scenarios through the application of a groundwater flow model. WRS will perform this modeling as part of the work scope. It is assumed in the proposal that the complexity, of the flow model required will be similar to that applied when the wellfield was originally permitted (3-D MODFLOW model, with uniform hydraulic coefficients, and regional flow simulated with constant head boundaries). It is further assumed that solute transport modeling to assess water quality deterioration in the wellfield will not be required at this time. WRS can provide anv additional groundwater modeling services required under a change order to the contract. Task B.7. Well Design and Technical Specifications It is currently anticipated 'that welt construction will be conducted under some form of turnkey process. Technical specifications and drawings will be required in order to obtain reasonable bids from qualified drilling contractors. WRS will prepare a set of draft specifications and plans (60 percent design completion) and submit them to the County. for review before they are issued for quotation by potential drilling contrcctors. All plans and specifications will be prepared under the direct supervision of a licensed professional engineer in the State of Florida. The specifications will include work elements designed to provide additional hydrogeologic information that will be used to assess the potential effects of mineralized water upconing in the well field. WRS previously recommended to the County construction of two deep monitor wells at selected sites within the existing well field to provide additional groundwater quality and hydraulic data for this evaluation. It is more economical to use the proposed production wells for this purpose. We anticipate that this will involve overdrilling of a pilot hole at one or more production well sites to a maximum depth of 1,200 feet below land surface, and associated packer testing. The field testing plan will include a 72-hour aquifer performance test. A memorandum addressing plans for field testing will be prepared and submitted to the County for review once the number of wells to be constructed and their locations has been finalized. A~.~N~A IT[Il ,0. ~fi.~ i~ OCT 2 3 200i PG. /,,,% Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8,2001 Page 8 of 10_._~ Task C. Wellfield Remediation Background WRS conducted a preliminary review of wellfield performance and site hydrogeologic data associated witl'i the rapid increase in dissolved salt concentrations that has occurred at some production wells located in the western part of the wellfield. The initial findings were presented in meetings with County staff held on August 27, September 13. and September 27, 2001. Based on initial investigations and review of data compiled by the County, several existing wells have experienced upconing from deeper formations, which has led to extraction of raw water with high chloride levels. A review of the data indicates that upconing may be remediated in some c~/ses by backplugging of the lower open hole interval with grout. Water Resource Solutions (WRS), serving as a subconsultant to Metcalf and Eddy (M&E), will provide the following hydrogeologic services related to the North County' Regional Water Treatment Plant Wellfield Project: Task C.1. Data Analysis and Work Plan Development The preliminary evaluation will be expanded in this phase of the project with the intent of better identi~'ing the source of the problem and assessing the feasibility of developing remedial measures. Potential options that will be examined include: · Backplugging of open hole completion intervals below selected depths, · Redistributing production well withdrawals within the existing wellfield to areas of better water quality, and · The possibility, of developing some production capacity from the mid-Hawthorn aquifer. Ideas concerning the applicability of aquifer storage and recovery or aquifer recharge as a possible long-term remediation strategy will also be addressed. WRS will complete its compilation of available information concerning the project and evaluate wellfield performance data, production well pumping records, hydrogeologic information, and borehole geophysical logs. For purposes of this scope, it is currently anticipated that three existing wells will be recommended for additional geophysical logging (fluid flow, fluid resistivity, caliper) in order to better assess the viability of backplugging them to decrease the potential for upconing. OCT 2 3 ZOO1 ~. tS Treatment and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 9 of 10__~ Some work has already been done attempting to better characterize the source of the mineralized water reaching the production wells based on major ion water chemistry. This potentially useful approach will be expanded in the current phase of the project. Samples of groundwater from selected wells will be collected for laboratory analysis to provide additional water quality data for this assessment. A step-drawdown test will be conducted at each of the existing production well sites to determine current withdrawal capacities. The data will be examined along with the original well field results for evidence of open hole plugging, to help develop plans for redistributing withdrawals within the wellfield, and in selecting wells for backplugging. WRS will participate in a Kickoff Meeting to discuss the direction of the project. A progress meeting will be conducted once the initial investigation findings are available to address specific plans for well logging and remediation. A Technical Memorandum will be prepared at the conclusion of the project that presents the results of the investigation and any well modification activities performed. Task C.2. Geophysical Logging In the case of wells approved for geophysical logging, WRS will develop project specifications and procure a qualified contractor to remove necessary wellhead and pumping equipment, maintain flow control, run caliper and dynamic fluid flow and fluid resistivity, logs, disinfect the well, reinstall wellhead and pump, and clear the well for bacteria (assume 4 consecutive passing samples required). WRS will oversee the contracted work, evaluate data collected, and if determined viable, select appropriate intervals for open hole backplugging. Task C.3. Open Hole Backplugging A maximum of two wells would be backplugged in this stage of the project. The process could be extended later to other wells on a case-by-case basis, if the performance of the three demonstration wells is encouraging. It would be most economical to backplug wells right after geophysical logging has been done, while the wellhead is already disassembled and the pump removed for logging purposes. This may not be possible if wells must be returned to service before the process can be completed. A remobilization fee is therefore included in the proposal in the event that logging and backplugging are conducted in separate project phases. Specific authorization from the County will be obtained before any logging or well backplugging is performed under this scope of work. In the case of wells approved for backplugging, WRS will develop project specifications and procure a qualified contractor to backplug selected open hole intervals with cement grout. WRS will monitor contracted work progress and perform a step-drawdown test of any backplugged well after the permanent well pump has been reinstalled in order to OCT 2 3 200I ~G. I ~ Trealxnent and Wellfield Improvements and Wellfield Remediation Scope of Services October 8, 2001 Page 10 of 10~4-0 determine the post-workover withdrawal capacity. Recommended pumping rates will be provided for any wells that are backplugged. The test results and recommended pumping rate information will be provided to the County in written format soon after the information is available. Task C.4. Video Survey and Thief Sampling (Optional) Based on the September 27, 2001 meeting discussion, the problem of sand production at RO well 5 appears to have been solved. However, an optional line item cost to conduct additional testing designed to identify the main sand producing interval(s) is included in the proposal, just in case the current approach to the problem being addressed by others is unsuccessful. The testing specified in the proposal (down well video survey, thief sampling), and potentially remediation of the sand problem, could be done cost- effectively if it were incorporated in the broader geophysical logging and backplugging program already proposed. As an option, the County may authorize WRS to examine the problem of sand production at RO-5 and implement remedial measures to address it. As part of this future work scope, WRS will quantify, sand concentrations in the discharge at different pumping rates. If authorized. WRS will develop project specifications and procure with a qualified contractor to perform a down well video survey of the well under flowing conditions and collect water samples from specific well depths (thief sampler) in an attempt to identif.v the sand producing interval(s). The results will be evaluated to assess the feasibility of implementing a successful remediation strategy. It is considered likely, based on the existing data, that backplugging of the well to reduce the potential for upconing would also address the sand problem. It is assumed in the proposal that if open hole plugging is performed, it will be done as part of other work tasks specified in the proposal. OCT 2 3 2001 15' "~ ~- o o o o o o o o o o o o o o ~ 0 ~ ~ o ~ o o o . ~ ~ °'~ 0 · -- o o o o o o o o o o o ~ o _ ,~ 0 - - -- E ~ ~ ~ ~ 0 ~ z ~ ~ < ~ ~ ~ o ~ '- .- ~ 0 PG. o ~ m 0 ~ oooooo ~ 0 Z 0 -4 "1- ..q o ~o. 0c~ ~ _ PG. /~ , EXEeUg-iVE SUMMARY REQUEST BOARD APPROVAL OF WORK ORDER #B$$W-OO-15, TO ENABLE THE LZBRARY TO HTRE AN ARCHTTECTURAL FIRM TO COMPLETE PLANS FOR THE ]:MMOKALEE BRANCH LIBRARY EXPANSION. OB,TECTIVE: Receive Board approval to hire the architectural firm of BaranySchmittSummersWeaver and Partners Incorporated (BSSW) to complete the required plans for enlarging the Immokalee Branch Library. ¢ONSZDERAI~ONS: The Board approved acceptance of the 5tote of Florida Library Construction Grant for $340,000 to approximately double the size of the Tmmokalee Branch Library.. BSSW prepared the original architectural drawings as part of the grant application. The Library was pleased with the completeness of the plans presented and with B55W's willingness to meet the required deadlines. The project needs to be completed by September 30, 2002, and all funds expended by that date. B55W indicates they can complete work by this date. FISCAL IMPACT: The Library has the required $340,000 matching funds budgeted for F¥02 in the bibrary Zmpact Fee Fund (355) in project number 33776, Immokalee bibrary Expansion. Grant funds will be received quarterly from the State of Florida. All funds will be expended within FY02. These architectural fees of $76,350 will be paid from grant funds. GROWTH MANAGEMENT ZMPA6q': Construction of an additional 4,000 square feet of Library space in Immokalee will assist the bibrary in meeting the Growth Management requirement of .33 square feet per resident. The additional 4,000 square feet in Zmmokalee and the 42,000 square feet currently under construction for the North Regional, Headquarters bibrary, will enable the Library System to meet these Growth Management requirements through FY03-04. RECOMMENDATION: Staff recommends that the Board approve Work Order #BSSW-OO-15 and hire the firm of BoronySchmittSummersWeaver and Partners Incorporated for the sum of $76,3.50 to complete the architectural work on the Immokalee Branch Library expansion. ~ari'lyn Mottles, Assist'ant Director Reviewed Approved and [ ,~~ L~-nr~l,~.-- bATE:. by: ~A/. Jon~or~ Director by: ' [7%( k- ~'-~ '-~-~',~,~- bATE: Approved Peter Kroley, Acting~blic Services Administrator Agenda ]~tem 3 2001 WORK ORDER # Bssw-O0-15 Agreement for Fixed Term Professional Architectural Services Dated August $, 1999 (Contract #99-g950) This %Vork Order is for professional architectural services for work known as I~okalee Branch Library Expansion fReasonforPr~iecLL~ibrary received $340,000 State of Florida Library Construction Grar~t to enlarge the Tmmokalee Branch. Matching funds of $340.000 are available in the Library's Zmpact Fee Fund, The work is specified in the proposal dated August 31., ZOO1, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Worl~ Order # ......... B$$W-00-15_ ia assigned to ......... Barany$chmittSummersWeaver and Partners Zncorporated (Firm Name) ~c ~l~r._~f Work: (List all tasks: Task 1, Task ~, etc.) See Attached Proposal. ~.che~[ule_9..f \V~rk: Complete work within ~30 (;.¢lude~ .ctual con*truct;on, also) days from receipt of the Notice to Proceed authorizing start of work. Wa~k needs to be completed to enable the addition to be constructed by Sap;camber 30, ZOO:>. Co~eni~,don: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schednle below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule 'A' of the Agreement). Building design: Architect's fees $58,000 $itework design: Civil Engineering and documents. $1Z,O00 Landscape design $ 1,250 Surveying $ 4.500 Direct project expenses (reimbursable time & material) $ 600 Total Professional Fees $ 76°3§0 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule 'A' of the Agreement. PREPARED BY: . "yn Mottfl~/'es, Assistant Library Director Date ~ ' *ohn~s. Library blrecto~ Date APPROVED BY: Facilities Department Director Date Approved as to Form and Legal Sufficiency: Assistant County Attorney ACCEPTED BY: Date: ATTEST: (Corporate Secretary) By: Type Name and Title By: Name of Firm Signature Note: BCC needs to authorize the dollar amount and request the BCC to authorize the Facilities Department Director to execute the Work Order as part of your Executive Summary. ! OCT 3 200t I ,, . BaranySchmittSummersWeaver A N D P A R T N E R S I N C O R P O R A T E D JosephA Barany. AiA Eugene C. Schm,ri. AIA Dane A Summers. RoPa;dG Weaver. Ker'¢e'.h L Lamers RA Kenneth G A!iff. =c,'t ~'.",'ors Off,ce 1520 R 3;,'ai Suite 300 Fo,t ML,'e,s. FL 33919 94 ',2_78-3838 FAX 941/275-5356 ~ SSW'tm t~/ao! corn Naples Off,ce: .5!85 Castei!o Drive Suite 4 Naples. FL 34103 941,'643-3103 FAX 941/643-7435 BSSWnap~aot.com L~cense # AA C001863 Inno~'atlo" and P',anning August 13, 2001 PROPOSAL FOR ARCHITECTURAL AND PLANNING SERVICER COLLIER COUNTY PUBLIC LIBRARY, IMMOKALEE BRANCH A. Scope of Project 1. Prepare construction documents for addition to the Collier County Library, Immokalee branch. Scope of Basic Services Prepare construction contract documents, bidding assistance and construction contract administration services for the addition and limited renovation of the existing structure as described is the schematic design documents and abbreviated specifications dated March 27, 2000. Professional Fees 1. Fees for Professional Services outlined: Seventy six thousand three hundred fifty dollars. Building design: Architect's fees Sitework Design: Civil engineering and SDP documents. Landscape design Surveying Direct project expenses. $ 58,000.00 12,000.00 1,250.00 4,500.00 600.00 Total professional fees $ 76,350.00 Additional Services Additional services for work performed outside the scope of work described in Basic Services shall be billed at published houdy rates or negotiated sum determined at the time of the request for su 23_services~ and approved by the owner. No additional services may be without wdtten authorization of the owner. perf~ OCT 2 3 2001 Proposal for Architectural & Planning Services Collier County Public Library, Immokalee Branch Nl~rilyn MaUhes 13, august 2001 Page -2- Fo Reimbursable Expenses Direct expenses related to the project, such as cost of document reproduction, long distance telephone charges, travel expenses and other necessary expenses are included as a fiat fee of $ 600.00. Time 1. Architect will coordinate with Library Staff to meet grant requirements and schedule. Services not included 1. Intedor Design, fumishings and layouts. 2. Communications- Telephone, Cable TV design/specifications. 3. Library and Information Technology Systems design/specifications. Agreed and Accepted Daniel A. Summers, AIA, V.P. Date BARANY SCHMITT SUMMERS WEAVER AND PARTNERS, INC. Madlyn Matthes, Assistant Director COLLIER COUNTY PUBLIC LIBRARY Date DAS: kk Agend& LL.e ~n ~I NO ._~ I ,~ ,~.~ T EXECUTIVE SUMMARY APPROVE GRANT APPLICATION FOR IMPROVEMENTS AND EXPANSION OF DOCK, PICNIC SHELTER AND RESTROOM AT BAYVIEW PARK Objective: That the Board of County Commissioners approve applying for a $120,000 grant from the Florida Recreation Development Assistance Program for a $240,000 restoration and dock expansion project at Bayview Park. The Grant will require a matching $120,000 in funds from Collier County Government. $240,000 has been budgeted in the FY 2002 Budget for this project. Consideration: Approve grant application for improvements and expansion of the dock, picnic shelter and restroom at Bayview Park. The boat ramp at Bayview Park needs to be replaced due to cracks and loose boards. A second boat ramp will be installed on the opposite side of the existing boat ramp. The picnic shelters and restroom are deteriorating and need to be repaired. Fiscal Impact: If awarded the grant, the County will be required to match the $120,000 grant, which is budgeted in Parks Improvement CIP Fund. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: Recreation Development Assistance Program for a grant matching funds of up to $120,000 for Bayview Park. Prepared by: Debbie Roberts, Operations Coordinator Department of Parks and Recreation Reviewed and ~,~ ?:t~ . Approved by: M~la Olsvig Ramsey, D~ect r Dep~ment of Parks and Recreation Reviewed an¢~ ~,/~ ~ a., _ Approved by. Peter Inter~ Public Servmes Administrator That the Board of County Commissioners approve an application to Florida in the amount of $120,000 and Date: /fi-//- O/ Date: /C/,' z/o" ~ Date: Agenda OCT 2 3 2001 / ! EXECUTIVE SUMMARY, APPROVAL OF INTERLOCAL AGREEMENT WITH DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR SCHOOL NURSING SERVICES OBJECTIVE: To obtain Board authorization to transfer funds budgeted in FY 02 for school nursing services to the Collier County School District. CONSIDERATION: The Board of County Commissioners appropriated two hundred fifty thousand dollars ($250,000) in fiscal year 2001/2002 to help expand the existing school nursing program in the Collier County public schools. The proposed interlocal agreement provides the proper mechanism for transfer of these funds to the school district, who is responsible for program management, implementation and results. FISCAL IMPACT: This expenditure was approved and appropriated in the FY 02 general fund budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: It is recommended that the Board of County Commissioners approve the attached interlocal agreement and authorize the Chairman to execute same. SUBMITTED BY: /" ' / Leo Ochs, Jr. Assistant County.~a~nager Date: /~'///?//~'~, t/ "--:- AGENDA I'I'EM No.. IC 'D OC;r 2 3 2001 pg... INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY THIS AGREEMENT, is made and entered into this ~ day of , 2001, by and between the District School Board of Collier County, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of' the State of' Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has appropriated two-hundred fifty thousand dollars ($250,000) in the fiscal year 2001/2002 general fund budget for the sole and exclusive purpose of assisting the Grantee to expand and enhance its School Nurse Program; and WHEREAS, The Grantee is responsible for the School Nurse Program management, administration and implementation; and WHEREAS, GRANTEE agrees to use the entire two hundred fifty thousand dollars ($250,000) to expand and enhance existing school nursing services in the schools; and WHEREAS, The County validates this expenditure as having a public purpose of enhancing student learning and authorizes the Clerk of the Circuit Court to make the disbursement of funds outlined herein; OCT 2 3 2001 NOW, THEREFORE, BASED UPON THE MUTUAL CONVENANTS AND PROMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: The GRANTEE shall provide additional school health nursing services as outlined in its School Nurse Program. 2. DISBURSEMENT OF FUNDS The County shall disburse the entire two hundred fifty thousand dollars ($250,000) to Grantee no later than November 30, 2001. The amount to be paid by the County shall not exceed txvo hundred fifty thousand dollars ($250,000) in fiscal year 2001/2002. 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in the Grantee's School Nurse Program plan will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of County's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. REPORTS: GRANTEE shall provide to the County quarterly reports of Grantee's service activity data for all services provided within the School Nurse Program beginning January 1, 2002. GRANTEE shall comply with additional periodic program report requests by the County within 30 days of request. Grantee is not required to provide the County with any confidential student records or information, 2,30t 5. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Associate Superintendent for Operational Services 3710 Estey Avenue Naples, Fl. 34104-4499 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: Assistant County Manager 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 6. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. COUNTY sole responsibility under this Agreement is to disburse the funds to GRANTEE. 7. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. 8. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work performed under this Agreement, except for confidential student records. GRANTEE agrees that 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 3 OCT 2 3 2001 pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 9. 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. 10. TERM: This Agreement shall become effective upon approval by all parties hereto and shall remain effective until September 30, 2002. 11. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties. 12. RECORDING: This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: JAMES D. CARTER, Ph.D, Chairman 4 0C¥ Z 3 2001 pg. ATTEST: DISTRICT SCHOOL BOARD OF COLLIER COUNTY By: Anne Goodnight, Chairman Dr. Dan W. White, Superintendent of Schools Approved as to form and legal sufficiency as to Collier County Ram~ro Manahch Chief Assistant County Attorney EXECUTIVE SUMMARY APPROVE AN ADDITIONAL THIRTY (30) DAY EXTENSION OF CONTRACT #98-2828, RECORDS MANAGEMENT SERVICES Objective: To ensure continuation in service for records storage and retrieval services while the contract is let for competition. Considerations: The County is currently under contract with Iron Mountain to furnish records management services for various County departments. A new bid invitation has been issued and bids are scheduled to be received on October 10, 2001. Staff is requesting an additional thirty (30) day extension for the following reasons: Staff does not anticipate having a recommendation ready for Board consideration prior to the current expiration date; and Lead time may be required for various County departments to make arrangements to move stored items to a new location should a new vendor be awarded the bid. Growth Management: This will not affect the Growth Management Plan. Fiscal Impact: There is no fiscal impact resulting from the recommended action. Recommendation: That the Board of County Commissioners authorize an additional thirty (30) day contract extension for Bid #98-2828, Records Management Services, pursuant to Section XIV.D of the Board's Purchasing Policy. Fred E". Blatchley.~ Purchasing Agent Reviewed and Approved by: .,~~"/"1 Ste~)her~ Y. Caf'~ell, Purchasing/General Se~ices Director Reviewed and Approved by: ~f"~/ Jo-Anne Leamer, Administrative Services Administrator Date Date /'~' j '7 / AGENDA ITEM 0 CI' 2 3 200i Pg. i , EXECUTIVE SUMMARY TO APPROVE A LEASE AGREEMENT BETWEEN SOLAR, L.C. AND COLLIER COUNTY FOR WAREHOUSE SPACE. OBJECTIVE: To approve a Lease Agreement between Solar, L.C. and Collier County for warehouse space. CONSIDERATION: The Purchasing Department has requested additional space in order to house County-surplus equipment previously stored in the portable trailer located at the County Barn Facility on County Barn Road. This trailer is being removed from the County Barn property so that the Fleet Management Department may expand their facility in order to meet new State requirements to maintain ambient air and refrigeration for ambulances. In order to accomplish this mandate, the Purchasing Department's surplus trailer must be removed. There is no other location at the County Barn Road site to relocate the trailer. The existing trailer is scheduled to be removed and discarded. The attached Lease Agreement secures 1,200 square feet of unconditioned warehouse space located on 4420 Mercantile Avenue. The initial lease term is for two (2) years with a one (1) year renewal. The lease includes a provision for the County to terminate at any time, with or without cause, by providing the landlord with sixty-day prior written notice. The annual rent is $7,500 and will be paid in equal monthly installments. In addition to rent, there is a common area maintenance charge of $150 per month and will be increased annually in November each year to reflect actual operating costs pertaining to the leased space. The County shall also be responsible for chargers pertaining to electricity. FISCAL IMPACT: It is anticipated that annual lease costs will total $8,525 in the current fiscal year. Funding in the amount of $7,500 is presently budgeted for this lease. The remaining funds will be obtained from within the Purchasing cost center through the appropriation of additional revenues from the department's next surplus property auction, which is scheduled to be held in the first quarter of 2002. GROWTH MANAGEMENT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Solar, L.C. and authorize its Chairman to execute same. AGENDA ITEN~ No. /~. &-- ~ OCT 2 3 2001 Pg. / EXECUTIVE SUMMARY Lease Agreement Between Collier County and Solar, L.C. Page 2 SUBMITTED BY: ~ ~'' DATE: /d/- Michael H. D~owlii~g, P~ r~perty Management Specialist Real Prope~f~nag~ment Department Toni A: M6tt, ~upe~is'ol' Real Property Management Department REVIEWED BY: Ch~les F:. Car:rington, Jr.J/SR/WA, Director Real Property Management Department REVIEWED BY: .~ ._?~- ~.~.?'~ C/:} Steven"Carnell; Director Purchasing Department APPORVED BY: .-~ -.' ~','~ ~':: ~" 'J '~ '- Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: DATE: DATE: Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this __ day of , 2001, between SOLAR, a Florida Limited Corporation, whose mailing address is 4420 Mercantile Avenue, Naples, Florida 34104, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as Unit 101, 4420 Mercantile Avenue, Naples, Florida, comprising of approximately 1,200 square feet, hereinafter referred to as the "Demised Premises", for the sole purpose of storage and sale of surplus property. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years commencing on November i, 2001 and ending October 31, 2003. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same for one (1) additional term of one (1) year, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty (60) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Seven Thousand Five Hundred Dollars and 00/100 Cents ($7,500.00) per annum in equal monthly installments of Six Hundred Twenty-five Dollarst and 00/100 Cents ($625.00) each. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. LESSEE shall provide LESSOR, within thirty (30) days from the date of execution of this Lease by LESSEE, in addition to the monthly rental amount as stated above, an amount equal to one month's rent reflecting the last month's rent which shall be applied as rent to the last month that LESSEEE shall occupy the Demised Premises. If the last month's rent shall be paid by LESSEE for any reason, the LESSOR shall reimburse LESSEE for thc prepaid rental amount. ARTICLE 4. Renewal Term Rent In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased as follows: For November 1, 2003 to October 31, 2004, the annual rent shall be Seven Thousand Seven Hundred Twenty-five Dollars ($7,725.00). OCT 2 3 200{{ "o' ARTICLE 5. Other Expenses and Chames LESSEE shall pay all janitorial services pertaining to the Demised Premises, including, but not limited to, charges for electricity, light, air-conditioning and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of One Hundred Fifty Dollars ($150.00). This amount shall include, but is not limited to, water use charges, sewer charges, real estate taxes, insurance, outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. If LESSOR is required to increase CAM charges, LESSOR shall notify LESSEE by the last day of November of each year of occupancy, which shall reflect actual operating expenses related to the Demised Premises. LESSOR shall advise LESSEE, in writing, of the new charges for each year of the Lease and for any renewals thereto. Upon LESSOR'S notice to LESSEE concerning new charges, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. LESSOR shall be responsible for all costs associated with the operation and maintenance of the electrical and lighting systems, plumbing system and at the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises. LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifsdng in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding_said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. OCT 2 3 2001 ARTICLE $. Assio_nment and Subletting LESSEE covenants and agrees not to assi~ this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity and Insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position vis-h-vis. ARTICLE I0. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 11. Default bv LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default bv LESSOR LESSOR shall in no event be charged with default in the performance of any of its oblieations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Management Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Solar, LC 4420 Mercantile Avenue Naples, Florida 34104 Attn: Property Manager CC: Office of the County Attorney Purchasing Director ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. OCT 2 3 2001 ARTICLE 16. . General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governinz Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. LN WITNTSS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COl J.IER COU~'TY, FLORIDA BY: Deputy Clerk BY: JAMES D. CARTER, Ph.D., Chairman AS TO THE LESSOR: DATED: ATTEST: SOLAR, LC BY: Joanne C. Durham, Secretary/Treasurer WITNESS (signature) print name WITNESS (signature) print name (CORPORATE SEAL) Approved as to foj::mxand 1~ Thom)Is C. Assistant County Attorney EXECUTIVE SUMMARy APPROVAL OF A FIRST AMENDMENT TO STANDARD AGREEMENT FOR CENTRL OFFICE SPACE LEASE AND LICENSE BETWEEN COLLIER COUNTY AND SPIRNT-FLORIDA, INCORPORATED CONCERNING A COUNTY-OCCUPIED COMMUNICATONS TOWER. OBJECTIVE: Approval of a First Amendment to Standard Agreement for Central Office Space Lease and License ("Amendment") betxveen Collier County and Sprint- Florida, Incorporated concerning a County-occupied communications tower. CONSIDERATIONS: In May of 1997, Collier County entered into an Agreement for the Provision of Telecommunication Services and Facilitates in order to place County- owned communications equipment upon a tower located in Monroe County. This tower location services the County's emergency response system. The attached Amendment increases the renewal term contained in the lease from three (3) years to twenty (20) years. The Amendment also revises the annual rent of $6,840 to $7,524. The annual rent will be increased for the term beginning September, 2002 by five (5) percent and will be increased annually thereafter throughout the life of the lease. This increase is due to operating costs for maintaining the tower. All other terms contained in the Lease dated May 1, 1997 shall remain in full force and effect. FISCAL IMPACT: The annual rent of $7,524, which shall be paid in equal monthly installments of $627 shall be withdrawn from 800 MHz IRCP fund Account; 800 MHz Intergovernmental Radio Communications Program Rent Equipment This expenditure was anticipated in the FY02 budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the First Amendment to Standard Agreement for Central Office Space Lease and License between for Sprint-Florida, Incorporated, authorize its Chairman to execute same and approve any and all Budget Amendments concerning payments. AGENDA~'T~Z~ 0 CT 2 3 7.001, Pg._/ _ EXECUTIVE SUMMARY First Amendment to Standard Agreement for Central Office Space Lease and License Between Collier County and Sprint-Florida, Incorporated Page 2 SUBMITTED BY:~ Michael . · g, Prop~rty_Jvlar~gement Real Property Management Department Rez¢?l Property,Management Department A D~rectar Ch'ade[ E'. cairingior~Jr.;~R , ' Real Property Manag6ment Department DATE: /4¢' ~-' :Specialist REVIEWED BY: APPROVED BY: -'Jbhn Daly, Radf6 Communications Manager Information Technology Department Jo-~,nne'Varcoe-Leamer, Administrator Administrative Services Division .o./¢--~-'-.~. OCI 2 3 2001 First Amendment to Standard Agreement for Central Office Space Lease and License WHEREAS, Collier County, ("Customer") and Sprint-Florida, Incorporated, ("Company"), entered into a Standard Agreement for Central Office Space Lease and Agreement providing for Central Office Space at Company's property located at the Pinecrest Tower, Monroe County, Florida, a copy of which is attached hereto and made a part hereof (the "Agreement"), the parties now subsequently wish to amend certain terms of the Agreement. WHEREAS, Schedule 1 to Article 14 of the Agreement provides for an Agreement term of three (3) years, and month-to-month thereafter, the original term of which ends May 1, 2000; and, WHEREAS, Schedule 1 to Article 14 "Contract Price" of the Agreement provides for a monthly compensation of $570 paid by Customer to Company each month. NOW, THEREFORE, Customer and Company, in consideration of the mutual advantage to both parties, resolve, that the Agreement be amended as follows, effective retroactively to September 15, 2001: Schedule 1 to Article 14 shall be replaced by the following; "The term of this Agreement shall be for five (5) years commencing May 2, 2001. The term of this Agreement will be automatically renewed for four (4) additional consecutive terms of five (5) years each, unless Customer or Company provide d the other party with written notice of intention not to renew not less than nine (9) moths prior to the expiration of any such term. Such termination may be made for any reason by either party, but Company may not terminate solely to change the "Rental Rate" or "Lease Charge." In the event that Company wishes to sell the leased premises or requires the leased premises for its own use, this lease shall be terminable with ninety (90) days advance written notice to Customer." Schedule 1 to Article 14 "Contract Price" shall be replaced by the following: "Rental for the tower lease will be S627 per month commencing as of September 15, 2001. If Customer shall fa/l to pay within ten (10) days of when the same is due and payable, any Charge or any other amount or charges to be paid by Customer hereunder, such unpaid amount shall bear interest from the due date thereof to the date of the payment at the rate of one percent (1%) simple interest per month.. The monthly Rental Charge will be increased annually on the anniversary date of the Amendment by an amount equal to five percent (5%) of the monthly Rent for the previous 3'ear. For example, the monthly rent that begins on September 15, 2002, will increase to $658.35." It is further agreed that the Agreement with all of its terms and provisions, including as hereby amended, shall continue in full force and effect and be binding on the parties hereto. kX: WITNESS, WHEREOF, the parties hereto have caused these present to be duly executed this ~ day of ,2001. DATED:. ATTEST: DWIGHT E. BROCK, Clerk · BY: Deputy Clerk CUSTOMER: BOARD OF COUNTY COIVLMISSIONERS, COLLIER COUNTY, FLORIDA BY: JA1VIES D. CARTER, Ph.D., Chairman AGE r~OA I TJ~ M~_ NO, o~ OCT 2 3 2001 WITNESSES: COMPANY: SPRff4T - FLORIDA, INCORPORATED Signature (Print name) BY: Title: Signature (Print name) Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney OCT 2 3 2001 EXECUTIVE SUMMARY APPROVE ENHANCED SECURITY GOVERNMENT COMPLEX AND BUILDING MEASURES AT DEVELOPMENT THE MAIN SERVICES OBJECTIVE: To have the Board approve additional security measures at the Main Government Complex and the Development Services Building. CONSIDERATIONS: In light of recent developments, and after discussions with local law enforcement agencies, staff is recommending a number of security enhancements at the Main Government Complex and the Development Services Building. The security upgrades include one additional FTE (full time equivalent), Emergency Assistance Boxes, and structural improvements (barricades and control arms) to selected building(s). Due to the nature of this request, the details are being intentionally left out, but have been discussed with the County Manager's Office, the County's Security Section and the Sheriff's Bailiff's Office. FISCAL IMPACT: The cost of this project is $118,750 (general fund) and $18,000 (Development Services). Although this is an unanticipated expense, turn back revenue from Constitutional officers is projected to be in excess of the budget amount. This additional turn back xvill allow funding for these security enhancements without negatively impacting the existing budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact on this project. RECOMMENDATION: That the Board approve the necessary budget amendments for security related items as addressed within this summary and authorize staff to utilize State Contract and or SNAPS pricing for security items not to exceed the cost centers for a period of one year. Prepared By: Date: Reviewed By: Approved By: Skip Camp, CFM, Director The Department of Facilities Management Stephen Y. Car~ell, Director Purchasing Department Jo-Anne VarcoeoLeamer, Administrator Support Services Division Date: Date: EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS TO APPROPRIATE REVENUE FOR A FLORIDA DEPARTMENT OF AGRICULTURE, DIVISION OF FORESTRY MATCHING (50%) GRANT AWARD AND TO TRANSFER AND APPROPRIATE MATCHING FUNDS FROM THE ISLES OF CAPRI FIRE CONTROL DISTRICT RESERVE FOR CONTINGENCIES. OBJECTIVE: Approval of the necessary budget amendments to accept and utilize grant monies awarded to the Isles of Capri Fire Control District. CONSIDERATION: On April 24, 2001, the Board of Commissioners approved the submission by the Isles of Capri Fire Control District of a matclfing (50%) grant application to the Florida Department of Agriculture, Division of Forestry. The Isles of Capri Fire Control District received an initial grant of $2,386 in matching funds in FY-01 and has now been awarded additional monies in the second round of approvals. The additional funds will be used to replace worn fire hoses and nozzles at a cost of $2,060, 50% to be reimbursed by the Division of Forestry. FISCAL IMPACT: Funds in the amount of $1,030 wilt be transferred and appropriated from the Isles of Capri Reserve for Contingencies to the Emergency Management and Fire Fund Grant (118) via budget amendment. The Emergency Management and Fire Fund Grant will increase $2,060 by recognizing revenue and appropriating expenses with a second budget amendment. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Commissioners approve the necessary budget amendments as stated above for the Division of' Forestry Grant. SUBMITTED Ch~'efEmilio Rodriguez, Isles old~apri Date: lO Fire District APPROVED BY: ~.Z~.0,44,,'-.**'~' Date: Thomas Storrar, Emergency Services Administrator Florida D~partmem at' A~culture and Consumer S~rv/ces CHAPJ. F~ H. B.HON$ON, Commissioner The Capitol · Tdl~s~, FL 32399-0~00 I9, 2001 F'ROM: THROUGH: F~eki Ur~ts BI:C, Di~rrict 2,4~, 5, 6, WaFC, 'W'iq2, D~strtct 10, 15, I6, a.~ I 7 Jim Kurds, Chicle, F~est Prote. ction l~we, nd K. O~tcer, CI~, Field Otb. tab"on ~uee. au ~ Volunteer Fire A.~l~m~--~c~ral Furding FY 2OO0.20~1. Appro,..cd Applicauon, REPLY Eadosed you will find a~ro~ tt~ a~ due tn that P~fs~f-P~e ~t a~d in~s mu~t ~ ~m~d ~id ~or ~ding ~o F~cs~ ~d~ each cooperator ur. ii. rig £edet~l fun&. Rea~e ettum them with the Should you ~ve qu~rlc~-~ call Foreac Er~closuce, 2 C.~ L Lad Per. tn, em, Director Mike L4x'tg, A~s:. t Florida Agriculture and Forest Prodt $53 Billion ,"or Florida's Economy AGENDA ITEM ~o. / c/~ ! OCT 2 3 2001 pg,.., r57~ XL~_~ I A~ENDA ITEM No. /~/= ! OCT 2 3 2001 EXECUTIVE SUMMARY APPROVE A MEMORANDUM, OF UNDERSTANDING BETWEEN THE OCHOPEE FIRE CONTROL DISTRICT AND THE NATIONAL PARK SERVICE, BIG CYPRESS NATIONAL PRESERVE OBJECTIVE: The Board of County Commissioners to authorize the Ochopee Fire Control District to sign a Memorandum of Understanding with the National Park Service, Big Cypress National Preserve. CONSIDERATION: The Ochopee Fire Control District entered into a Memorandum of Understanding with the National Park Service in 1990 to establish the terms and conditions under which both parties will provide mutual assistance with the Ochopee Fire District, the Big Cypress National Preserve and immediate surrounding area. Land and buildings belonging to the Big Cypress National Preserve lie within the Ochopee Fire Control District. The initial agreement was for five years (expired 1995) and the agreement has not been renewed. Both entities have been cooperating on a verbal basis. A current Memorandum of Understanding will allow the Ochopee Fire Control District to qualify for certain Federal grants and will reinforce the excellent working relationship between the parties. FISCAL IMPACT: Each agency will bear the cost of its own suppression efforts with no monetary reimbursement required. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Memorandum of Understanding between the National National Preserve and the Ochopee Fire Control District. Paul Wilson, Fire C. hief Commissioners approve the Park Service, Big Cypress Date: J~'~/'O I APPROVED BY: ~'~4e~/~//~.J Date: ~:~/27/~/ Thomas Storrar, Emergency Services Administrator AGENDA ITEM No. /~ I-" ~,~.. OCT 2 3 2001 MEMORADUM OF UNDERSTANDING G5120010007 Between UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE BIG CYPRESS NATIONAL PRESERVE HCR61 BOX 110 OCHOPPE, FLORIDA 34141 and OCHOPEE FIRE DISTRICT ARTICLE I- BACKGROUND AND OBJECTIVES This agreement is entered into by and between the National Park Service (hereinafter"NrP S"), United States Department of the Interior, acting through the Superintendent of Big Cypress National Preserve (heremafter"Preserx e") and the Ochopee Fire District, represented by and through the Board of County, Commissioners of Collier County., Florida (hereinafter "Ochopee Fire District"). The purpose of this agreement is to establish the terms and conditions under which both parties will provide mutual assistance in preventing, detecting, and suppressing structural fires, within the Ochopee Fire District, the Preserve, and in the immediate surrounding area. Currently, the Ochopee Fire District is empowered by Collier County, State of Florida, to provide structural fire protection within a~d outside the Preserve, to provide wildland' fire protection on state and private lands outside the preserve and to assist other state and federal agencies in wildland fire protection within and outside the preserve. Congress further established the Preserve that the area within the boundaries depicted on the map (in Appendix A) shall be known as the Big Cypress National Preserve. Such lands shall be administered by the Secretary as a unit of the National Park System tn a manner which will assure their natural and ecological integri¢' in perpetuiPy in accordance with the proxisions of this Act and with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4), as amended and supplemented. ARTICLE II - AUTHORITY This agreement is emered into under the authority of 42 U.S.C. {} 1856a (1994). ARTICLE m - STATEMENT OF WORK A. The Preserve shall report promptly to Ochopee Fire District all structural fires originating within the Preserve and wildland fires on properties adjoining the Preserve or which threaten structures or roadside improvements. B. The Presmwe shall take initial attack on those wildfires occurring outside the Preserve on Ochopee Fire District protected lands within approximately 1 mile of it's boundary without awaiting a request to do so if the fire threatens or may threaten Preserve lands. C. The Preserve shall provide fire weather data generated from the Service's AFFIRMS and remote weather stations (RAWS) to Ochopee Fire District upon request. D. The Preserve shall provide assistance on structural fa-es within the Prese~'e to include exterior exposure protection, water relay, emergency medical assistance and traffic control (to the ex'tent of certified skill and training level of the Preserve's staff). AGENDA ITEM No. OCT 2 3 2OB! E. Ochopee Fire District shall report, to the PreserYe, all wildland fires within or threatening the Prese~'e that are obserYed by or reported to Ochopee Fire District personnel. F. Ochopee Fire District shall take initial attack, or reinforce Preserve staff at, wildland fires, resulting from structural or vehicular fires, to which they have responded within the Preserve (after completing their primary structural responsibility). The parties further agree as follows: 1. To meet jointly at least once annually before September 30 to review and update this Memorandum of Understanding as needed and to provide for other meetings as deemed necessary for discussions of matters relating to the management of fire on lands within and adjacent to the Preserve. 2. Each part3' shall provide to the other part3' a list of responsible persons, with telephone numbers, to be contacted in an emergency. At least once a year, or more often ffnecessary, each party shall provide the other party with an updated list of such persons and telephone numbers. 3. Each para- shall provide to the other party copies of current fire management plans for their areas of primary responsibility, including maps of areas involved and descriptions of special or extraordinary actions taken. 4. Only Minimum Impact Suppression Tactics shall be used when fighting fires within the Park. No chainsaws or gro(md-disturbing equipment such as graders or bulldozers shall be used without the permission of the Preserve's Superintendent or his/her designee. 5. After notifying the other part?' of a fire's discovery, ether party may take immediate action to suppress a fire in the other party's area of primary responsibihty in order to save life or property,. / 6. Each party to this agreement waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of tiffs agreement. '/' ~.Neither part'3' to tiffs agreement shall reimburse the other part3,' tbr all or any part of the cost incurred bv such in prm-idmg fire protection pursuant to tiffs agreement. 8. Noflxing in tiffs agreement shall be construed as obhgating the Preserve to expend in any one fiscal 3'ear any in excess of the monies appropriated by Congress and allocated by the National Park SerxSce for the performance of this agreement. 9. To designate a person in each agency to coordinate fire management actMties and meetings between agencies. 10. Each pargy' shall provide the other party fire reports of fire suppressed on the other party's lands. 11. Each party shall assist each other in investigating the origin and cause of fires and in providing resulting reports as requested for use in prosecuting arson suspects. 12. Each party shall comply with each agency's fire management policies (as attached in Appendix "B") when suppressing fires v,4thin the other agency's lands. 13. When initial attack md/or reinforced attack mutual aid is given, each agency will bear the cost of it's own suppression efforts with no monetary reimbursement required. Such requests will be honored based upon criteria in Appendix C for dispatch of fire forces and the sums of fire conditions within the recei,Ang agency's land. Assistance rendered herein is limited to the first 24-hour period. 14. Each party shall not~~ each other of fire training being conducted and to share such training sessions with each AGENDA ITE, LM No. ? OCT 2 3 2001 15. other on a space available basis. Each party, shall develop compatible radio communications systems for the purpose of joint fire prevention and suppression. Each agency agrees to allow the other use of those frequencies identified for communication o.ffire activity. Each agency agrees to abide by radio procedures established by the other during such commumcataons. Each agency shall maintain tts own radio system. ARTICLE IV -TERM OF AGREEMENT This agreement shall be effective for a period of five years from the date of final signature, unless it is terminated earlier by one of the parties pursuant to Article VIII that follows: ARTICLE V - KEY OFFICIALS, A. For the NPS: Lan3' Belles, Chief of fire and Aviation Big Cypress National Preserve HCR 61 Box 110 Ochopee, FL 34141 (941) 695-1145 B. Ochopee Fire District Paul Wilson, Fire Chief Ochopee, FL (941) 695- ARTICLE VI - PRIOR .aPPROVAL Not applicable ARTICLE VH - REPORT AND/OR OTHER DELIVERABLES Upon request and to the full extent permitted by applicable law, the parties shall share with each other final reports of incidents involving both parties. ARTICLE VIlI- PRPERTY UTILIZATION Unless otherwise agree to in ~x'iting by both parties, any property furnished by one parW to the other shall remain the property of the furnishing party. Any property furnished by the lq-PS to the Ochopee Fire District during the performance of this agreement shall be used and disposed of as set forth in the NPS Property Management Regulations. ARTICLE IX - MODIFICATION AND TERMINATION A. This agreement may be modified only by a written instrument executed by the parties. t//B. Either party may terminate this agreement by providing the other party with sixty (60) days advance xwitten notice. In the event that one party provides the other party with notice of its intention to terminate, the parties shall meet promptly to discuss the reasons for the notice and to try to resolve their differences amicable. The parties commit to using every reasonable means available, including the use of a neutral mediator il'necessary, to tO' to avoid terminating this agreement. AGENDA ITeM OCT 2 3 2001 Pg. ~ ARTICLE X - STANDARD CLAUSES A. Civil Rights During the performance of this agreement, the participants agree to abide by the terms of the USDI-Civil Rights Assurance Certification, non-discrimination, and will not discriminate against any person because of race, color, religion, sex or national origin. The participants will take affirmative action to unsure that applicants are employed without regard to their race, color, religion, national orisin, disabilities, age or sex. B. Promotions The Ochopee Fire D/strict shall not publicize or othem'ise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies Governmental, Departmental, bureau or Government employee endorsement of a product, service, or position which the (part),) represents. No release of information relating to this agreement may state or imply that Government approves of the Ochopee Fire District's work product to be mperior to other products or services. C. Public Information Release The Ochopee Fire District must obtain prior Government approval form the Superintendent of big Cypress NationaiPreserve for any public information release which refers to the Department of the Interior, any bureau, park umt, or employee (by name or title), or to this agreement. The specific text, layout, photographs, etc. of the proposed release must be submitted with the request for approval. D. Liability Provision Each parB, to tiffs agreement will indemmfy, save and hold harmless, and defend each other again~ all £mes, claims, damages, 'losses, judgments, and expenses ar/sing out of, or from, any omission or activity of such person organization, its representatives, or employees. AGENDA IT~ No. ,'~ F ' OCT 2 3 2gul pg. ~' ARTICLE XL - SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date(s) set forth below. FOR THE NATIONAL PARK SERVICE: Signature: Title: John J. Donahue Superintendent Big Cypress National Preserve Signature: Title: Randy Effert Contracting Officer Big Cypress National Preserve Date: Date: FOR COLLIER COUNTY, FLORIDA: Signature: Date: Name: James D. Carter, Ph.D. Title: Chairman, Collier Count>.' Board of Commissioners ATTEST: Dwight E. Brock, Clerk BY: (Deputy Clerk) FOR OCHOPEE FIRE CONTROL DISTRICT: Signature: Name: Paul Wilson Title: Chief.. Ochopee Fire Control District Date: Approved as to Form and Legal Sufficiency: Title: Assistant County Attorney AGENDA ITEM No. OCT 2 3 2001 Date MEMORANDUM OF UNDERSTANDING REVIEW SEQUENCE The undersigned have reviewed this MEMORANDUM OF UNDERSTANDING for pertinence and have initiated actions for revisions, as appropriate, to the respective responsible authorities. BIG CYPRESS NATIONAL PRESERVE (Fire Management Officer) OCHOPEE FIRE CONTROL DISTRICT (Fire Chef) Date Date Date Date 2002 2003 2004 2005 Date Date Date Date AGENDA ITEM No. lc/"' ~ OCT 2 3 2001 APPENDIX B FIRE MANAGEMENT POLICIES FOR THE PRESERVE 1. All wildland fires will be effectively managed, considering resource values to be protected in and firefighter and public safety, using the full range of strategic and tactical options a described the fu'e management plan. 2. An active fire prevention program will be conducted in conjunction with other agencies to protect human life, prevent modification to preser~'e ecosystems by human-caused xvildfire, and prevent damage to cultural resources or physical facilities. 3. The fire suppression methods used in the preserve should be those causing the least resource damage, commensurate ~Sth effective control. (No tractors, plows or retardant chemicals to be used xxSthout consent of the line officer of the Preserve) 4. Memorandum of Understanding will be developed to facilitate reciprocal fire management activities for land xx4thin and adjacent to the parks. ......... .' AGEND.A J~TEM No. /6/~ OCT 2 3 Pg. APPENDIX C CRITERIA FOR RENDERING ASSISTANCE The rendering of emergency assistance in extinguishing fires and in preser¥ing life and property fi.om fires x~/ll be subject to the following conditions. I. The assistance will be limited to that which can be given without jeopardizing the protection of the assisting agency's properly, and to such assistance as is determined by the authorizing official to be in the best interests of the assisting agency. 2. The assistance will be limited to the use of those facilities locally available and to those persons employed by the assisting agency (preferably trained in firefighting) at the time of the emergency.. There is no authori ,ty for the hiring of additional personnel or for making procurements of sen'ices or materials for the purpose of fighting fire not endangering assisting agen~"s property, or human lives. 3. The assistance will be limited to properties within a reasonable geographic distance from assisting agen%"s property at which fire protection facilities are maintained or within reasonable distance therefrom. It is assumed that under normal circumstances a call for assistance which requires more than an hour's t:ravel time to reach would be considered unreasonable. 4. The assistance xdll, if possible, be performed xx4thout the expense of overtime pa>ment. However, m those cases where it is not possible to adhere to this policy, necessary overtime may be paid if otherwise properly ordered. AGENDA I.~M No. zt, t'~ OCT 23 P~. C~ EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS TO APPROPRIATE REVENUE FOR A FLORIDA DEPARTMENT OF AGRICULTURE, DIVISION OF FORESTRY MATCHING (50%) GRANT AWARD AND TO TRANSFER AND APPROPRIATE MATCHING FUNDS FROM THE OCHOPEE FIRE CONTROL DISTRICT RESERVE FOR CONTINGENCIES. OBJECTIVE: Approval of the necessary budget amendments to accept and utilize grant monies awarded to the Ochopee Fire Control District. CONSIDERATION: On April 24, 2001, the Board of Commissioners approved the submission by the Ochopee Control District of a matching (50%) grant application to the Florida Department of Agriculture, Division of Forestry. The Ochopee Fire Control District has been awarded $4,835 for the purchase of 18HP portable pump and wildfire personal protective gear. Total cost of the pump and personal protective gear is $9,670, of which 50% will be reimbursed by the Florida Department of Agriculture, Division of Forestry. FISCAL IMPACT: Funds in the amount of $4,835 will be transferred and appropriated from the Ochopee Fire Control Reserve for Contingencies to the Emergency Management and Fire Grants Fund (118) via budget amendment. The Emergency Management and Fire Grants Fund will increase $9,670 by recognizing revenue and appropriating expenses with a second budget amendment. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Commissioners approve the necessary budget amendments as stated above for the Division of Forestry Grant. SUBMITTED BY'~~~_~ ~/( ~o.. . _ . Date: ntrolCh~efPaul Wilson, Oc p APPROVED BY: ~'~.~,~;f'~,a~-t.~-~ Date:/g>/~'-'/~/ Thomas Storrar, Emergency Services Administrator AGENDA ITEM N~._ /c/~ ~ OCT 2 3 2001 Florida Department of Agriculture and ¢o~umer ~mce~ CHARiF, S H. B.RON$ON, Commissioner The Cayitol · Tallahassee, FL 32399-0800 Plemse Respired September 19, 2001 FROM: THROUGH: Fie~ U~ts BI:C, District 2,4, 5, 6, WaFC, '~q:C, D~sudct 10, I$, I6, a:~ 17 Jim Karels, Chief, F~re~t Pmt~tic~ brine, nd lC. Oets~. C:l~fi Field Ov,aaff~ Bu~u ~ Volunteer Fire Asstsmt~-e ~r~&ral Fu~ling FY 2COO-2001 - Approved Ap~lica~c~s REPLY REQUEb-'TI~ BY: k'40~~ ~,,Z~I Er, closed you w;l] find a li,t of apprav,M s~ and iter~ ~pic,,,~ foz ~ through r.~ subject pn:~rgm. Contac: emch ~ub-~'an~.e and advise dxem dxat Prc~fi-o(.Fm, cb~ae for a~ro~ it~ a~ due In ~e F~c ~ec~n B~mu ~NO~~ ~. l~l. ~e~ ~me~r ~ding to F~cs~ ~d~ Ab~ encios~ ~re blank copie~ of thc "CettlRc. ate d Exp~dltur,' r. Mt m~c be r{~ :od notated by each coope~cor uti~n$ fede~sl Funds. M~a~ return them with th. Proofs4~.P~. Florida $53 Should ,tou Mve Mike Long, ~st. D~r Agriculture and Forest Produ' Billion for Florida's Economy AGENDA ITeM No.. /~ ~ __ OCT 2 3 2001 AGENDA ITEM No._ /C/¢ ~ OCT 2 3 2001 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AMENDING THE COLLIER COUNTY AMBULANCE SERVICE USER FEES OBJECTIVE: Board of County Commissioners adopt the attached resolution amending ambulance service user fees in accordance with Ordinance 96-36. The proposed EMS rates outlined below are the result of a comparability study that involved over twenty-five (25) Florida counties with similar population size and system designs. CONSIDERATION: In accordance with the County's ordinance regulating ambulance service user fees and billing procedures, staff periodically prepares and presents for Board consideration a resolution amending the fee structure and billing procedures. User fees have remained the same since 1998, but the operating expenses have increased each year forcing a rise in our ad valorem funding. The Center for Medicaid/Medicare Services (CMS) is the federal agency that has been tasked to adopt a national ambulance fee schedule. This "new" fee schedule is expected to be implemented in January 2002, and will be phased in over a four (4) year period. A provision in the new fee schedule will only allow for reimbursement based on the level of service performed on the patient and the condition of the patient at the time of transport. All Collier County EMS units are Advanced Life Support (ALS), providing the ability to perform at the highest level of service regardless of the situation. The current billing ordinance does not have a Basic Life Support (BLS) rate and, therefore, there is a need to establish a BLS rate for reimbursement purposes. If we do not establish a BLS rate, Medicare will reimburse us at their rate, which will be considerably less than the one proposed. For this reason, staff is recommending a tier system similar to what CMS will implement. The percentage of Medicare/Medicaid patients transported by EMS in Collier County is roughly 42%. In the fee schedule to be implemented by CMS, there will be one billing method which consists of a base rate to include the transportation cost, all items and services furnished by EMS and a mileage charge to reflect the actual patient transport mileage. Staff feels the proposed fee increase will be more comparable to what other Florida counties currently charge, or will be charging, before January 1, 2002. DESCRIPTION OF CODES BLS (non-emergency) BLS (emergency) ALS 1 (non-emergency) ALS I (emergency) ALS 2 (emergency) Specialty Care Transport Helicopter Ground Mileage (In County) Ground Mileage (Out of County) Air Mileage (In County) Air Mileage (Out of County) CURRENT PROPOSED EMS RATE EMS RATE $ - $ 300.00 $ - $ 325.00 $ 300.00 $ 350.00 $ 300.00 $ 375.00 $ 300.00 $ 400.00 $ 300.00 $ 450.00 $ 300.00 $ 500.00 $ 5.00 capped ~ 7 miles $ 7.00 $ 5.00 (no cap) $ 7.00 $ 5.00 capped ~ 7 miles $ 10.00 $ 5.00 (no cap) $ 10.00 capped t~10 miles (no cap) capped l~t0 miles (no cap) FISCAL IMPACT: With the approval of the proposed user fees, staff projects an increase in revenue to the EMS Enterprise Fund 490 by approximately $974,556. This projection does not include Naples Community Hospital (NCH) inter-facility transports, covered by a separate annual agreement. Adoption of the Resolution would necessitate the re-negotiation of the inter-facility transport agreement with NCH and it is anticipated that the new agreement would increase annual revenue by an additional $102,455. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the attached amending ambulance service user fees, and authorize the chairperson to execute the resolution. PREPARED BY: Date: Cindy Long,/~upervisor EMS Billing Section / ~"jefl0~ge, Di~ctor df Operations Emergency Medical Services Resolution APPROVED BY: Tom Storrar, Administrator Emergency Services Division ate: 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. 01 - RESOLUTION APPROVING USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 - 36; ADOPTING BILLING AND COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND WAIVERS; AND APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS, Collier County Emergency Medical Services (hereinafter sometimes 17 referred to as "EMS") provides ambulance services to the residents and visitors of Collier 18 County; and 19 WHEREAS, the Collier County EMS operating budget is funded exclusively 20 21 through ad valorem taxes and user fees; and WHEREAS, Collier County staff analysis of the cost for ambulance services 22 requires an adjustment to the user fees to properly identify current costs of services to 23 the residents and visitors of Collier County; and 24 WHEREAS, Collier County Ordinance 96 - 36 provides that the user fees for 25 ambulance services may be established by Resolution of the Board of County 26 Commissioners (hereinafter sometimes referred to as "the Board"). 27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: 29 30 SECTION ONE: EMS USER FEES 31 32 33 34 35 BASE RATES SERVICE LEVELS BASE CHARGE 36 A. EMS- BLS NON-EMERGENCY TRANSPORT $ 300.00 37 B. EMS- BLS EMERGENCY TRANSPORT $ 325.00 38 C. EMS-ALS I NON-EMERGENCY TRANSPORT $ 350.00 39 D. EMS- ALS 1 EMERGENCY TRANSPORT $ 375.0O 40 41 42 43 44 E. EMS-ALS2 EMERGENCY TRANSPORT F. EMS-SPECIALTYCARETRANSPORT' G. EMS- HELICOPTERTRANSPORT $ 400.00 $ 450.00 $ 500.00 ...... I A(3ENDA !]'EM 2 MILEAGE RATES 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SERVICE LEVELS A. EMS - IN COUNTY GROUND UNIT TRANSPORT (MINIMUM OF 1 MILE - CAP OF 10 MILES) B. EMS - OUT OF COUNTY GROUND UNIT TRANSPORT (MINIMUM OF 1 MILE WITH NO CAP) C. EMS- IN COUNTYAIR UNIT TRANSPORT (MINIMUM OF 1 MILE - CAP OF 10 MILES) D. EMS - OUT OF COUNTY AIR UNIT TRANSPORT (MINIMUM OF 1 MILE WITH NO CAP) SPECIAL EVENTS AND MISCELANEOUS RATES MILEAGE CHARGE $ 7.00 $ 7.00 $ 10.00 $ 10.00 SERVICE LEVELS RATES 27 28 29 30 31 32 33 34 - TWO (2) MEDICS/ONE ALS VEHICLE (PER HOUR) $ 150.00 - ONE (1) MEDIC/NO VEHICLE (PER HOUR) $ 50.00 COPIES OF DOCUMENTS/PER PAGE $ 1.00 (EXCLUDING GOVERNMENTAL AGENCIES) INTEREST ON PAST DUE ACCOUNTS 1% 35 36 SECTION TWO: BILLING AND COLLECTION PROCEDURE 37 The following shall be the minimum guidelines for billing and collection 38 procedures for ambulance service fees and charges: 39 A. Initial fees and charges for ambulance service(s) shall be assessed either 40 prior to or following the service provision, as service dynamics reasonably permit. 41 Unpaid fees and charges, subsequent to time of service, shall be reflected in an 42 accounts receivable subsidiary ledger system to be maintained by the EMS 43 44 45 46 47 48 Department. B. An initial bill for ambulance services shall be processed in the following manner within thirty (30) days after service is provided. ' ' ' AGENDA ITEM 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1. The County will send an initial bill to the service recipient's or responsible party's insurance carrier provided that appropriate insurance information is made available to the EMS Billing Section. The EMS Billing Section will accept Medicare assignment, as a participating provider, and will wait no less than 45 days for payment if Medicare or other insurance carder's are billed. If the claim is denied, a bill will be sent to the service recipient or responsible party. 2. The County will also send a bill to Medicaid and accept assignment if appropriate insurance information is made available to the EMS Billing Section by the service recipient or responsible party. The EMS Billing Section will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied because of no coverage at time of service, a bill will sent to the service recipient or responsible party. If Medicaid denies because they felt it was not medically necessary to be transported by ambulance, then the account will be adjusted off per the rules and regulations of Medicaid. 3. In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, the bill for ambulance service(s) shall be sent directly to the service recipient or responsible party for payment. The EMS Billing Section will wait no less than 30 days for payment. The following will occur if payment has not been received within above set guidelines: 1. A past due notice will be sent in accordance with the above provisions (45 days after billing third party or Medicare, 60 days after billing Medicaid and 30 days after billing responsible party or service recipient). AGENDA ITEM SEP 11 2001 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 2. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. 3. After a ten (10) day grace period, the account will be sent to the County's contracted collection agency. C. Interest will be assessed at 1% per month on all accounts that are sent to the County's contracted collection agency. (excluding hardships that adhere to County policy). D. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time fail to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section B.3 above. E. When ambulance service bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot effectuate delivery, the EMS Billing Section shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. F. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. C. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. The Board shall, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. AGENDA ITEM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service fees. The Board of County Commissioners in accordance with criteria established by the enabling Ordinance may authorize other adjustments. A. Medicare and Medicaid Adjustments Contractual adjustments under Medicare and/or Medicaid assignment will be made in accordance with applicable rules and regulations. B. Victim's Compensation Contractual Adiustments Contractual adjustments will be made in accordance with applicable rules and regulations. C. Worker's Compensation Contractual Adiustments Contractual adjustments will be made in accordance with applicable rules and regulations. D. County EmployeeAdiustments Board of County Commissioners and Constitutional Officers' employees that have Primary coverage under Collier County's insurance policy will receive an adjustment in accordance with applicable rules and regulations of Ordinance 96-36. E, Champus/Tricare Adjustments Contractual adjustments will be made in accordance with applicable rules and regulations. F. Railroad Retirement Adiustments Contractual adjustments will be made in accordance with applicable rules and regulations. G. Social Services Adjustments Contractual adjustments will be made in accordance with rules established by the County Manager and memorialized by a memorandum of understanding executed by the Social Services Director and the EMS Operations Director. A(~ENDA ITEM No. ~~...-- SEP F1 '2001 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SECTION FOUR: WAIVER OF EMS USER FEE Pursuant to Ordinance No. 96 - 36, and from the effective date of this Resolution, user fees for EMS ambulance stand-by services for the following community special events shall be waived as the Board finds that a valid public purpose is hereby established in recognition of their charitable contributions to the Community: (1) Collier County Fair; (2) Everglades Seafood Festival; (3) Collier County Public High School varsity football games. Fees for other community special events may be waived in accordance with criteria established by the enabling Ordinance. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to the minimum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the Federal Poverty guidelines, as used by the Social Services Department of Collier County~ B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the agreed scheduled payments for a period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will begin to accrue. SECTION SlX: SUPERSESSION OF RESOLUTION 2000-167 This Resolution shall supersede Resolution No. 2000-167 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE This Resolution shall become effective on October 1, 2001. AGENDA ITEM No. Pg. 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 6 PASSED AND DULY ADOPTED by the Board of County Commissioners of 7 Collier County, Florida, this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BY: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: qu~Jine Hubbard Robinson sistant County Attorney A(~NDA ITEM EXECUTIVE SUMMARY APPROVAL OF A $300,000 ADVANCE TO THE TAX COLLECTOR FOR LAND ACQUISITION REQUIRED DUE TO THE ASSUMPTION OF DRIVERS LICENSING OPERATIONS FROM THE STATE OF FLORIDA OBJECTIVE: To allow the Tax Collector to proceed with land acquisition required due to the assumption of drivers licensing services previously provided by the State of Florida. CONSIDERATIONS: The Collier County Tax Collector is assuming responsibility from the State of Florida for drivers licensing operations. The existing drivers licensing facilities on U.S. 41 East are inadequate and not well located in terms of service provision to the public. The Tax Collector is purchasing a commercial tract of land at 725 Airport Road South (at the intersection of Airport Road and Hazel Road, located just south of the Regency Autohaus Mercedes-Benz dealership). A new driver licensing facilities building will then be constructed on this site. The Tax Collector's Office must be fully operational in providing these services this summer. To meet both the aggessive construction schedule and the operational needs of the Tax Collector, closing nmst occur on the land acquisition as soon as possible. A short-term advance of S300,000 is required from the Board of County Commissioners as a down payment on this property. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no Growth Management impact FISCAL IMPACT: On a short-term basis, the General Fund cash balance ,.,.,ill decrease by S300,000. The source of the advance will be from budgeted General Fund Tax Collector commissions from FY 02 ad valorem taxes levied. RECOMMENDATION: That the Board of County Commissioners: Approve a short-term $300,000 advance from the General Fund to the Collier County Tax Collector for land acquisition required due to the assumption of drivers licensing operations from the State of Florida. Prepared By: t4'q-'~~ ,~-~---''''''''~ Date: Michael Smykowski,,4OMB Director ereparedBy: ~,,~~ ~/~. ~,,~1,/~';~ Date: Gu3l/~-~rlton, Tax C~lleT:to'r -' ~[~ ~.¢ ~__,,..,.~"~ ~ Date: Approved By: Tho~nas~v'.-Olliff, C~t'~*'y Manager 1(5-/?-- o I AGENDA ITEM No. OCT 2 3 2001 Pg..,, EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR MARCO ISLAND EXECUTIVE AIRPORT TO REPLACE A ROTATING BEACON OBJECTIVE: To approve a budget amendment for $6,500 to replace the rotating beacon at the Marco Island Airport, to recognizes grant revenues in the amount of $3,250 and to reduce reserves for the required matching funds of $3,250. CONSIDERATIONS: The Marco Island airport's rotating beacon was destroyed by lightening and needs to be replaced. The Authority received a grant requiring a 50% match to replace the beacon. FISCAL IMPACT: A budget amendment is required to recognize $3,250 in grant revenues, to reduce reserves by $3,250 for the required match and to increase expenses by $6,500 in the Airport Grant Fund (fund 496) under project number 33377, Runway Lighting. GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this action. RECOMMENDATION: Marco Island airport's rotating beacon. ~x PREPARED BY: Q7~/,w~t-,/,~/'"~~,~-~ Date:/~)/'/'5~/'d-" / Approve the necessary budget amendment to replace the AGENDA ITEM No. II_~ "~_ 0CT 2 3 2001 Pg. \ BUDGET AMENDMENT REQUEST ...... {.f ........ k y.... ........ kk-..~-----':'~r--- ...... Date ....................... FUND TITLE Airport Capital Date prepared: 10/05/0 ~ Approved by BCC on FUND NO. 496 Attach E I'Item No. Attach Executive Summary EXPENSE BUDGET DETAIL Marco Airports Cost Center Title 192341 Cost Center No. Runway Lighting Project Title 33377 Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 763100 Improvements - 6,500.00 0 6,500.00 General TOTAL 6,500.00 Reserves I Project Title I IProject No. Cost Center Title 919010 Cost Center No. Expenditure Expenditure Increase Current Object Code Title (Decrease) Budget 991000 43,800.00 Reserve for Contingencies (3,250.00) 140,550.00 TOTAL (3,250.00) REVENUE BUDGET DETAIL Marco Airport Cost Center Title 192341 Runway Lighting 33377 Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 334492 Grant Proceeds 3,250.00 0 3,250.00 TOTAL 3,250.00 AGENDA ITEM REVENUE BUDGET DETAIL ] IPr°Ject N°' 1 Transfers Cost Center Title 929020 Cost Center No. Project Title Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 481001 Transfer from (3,250.00) 148,800.00 145,550.00 General Fund TOTAL (3,250.00) REVENUE BUDGET DETAIL Transfers Cost Center Title 929020 Cost Center No. Runway Lighting Project Title 33377 Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 481001 Transfer from 3,250.00 0 3,250.00 General Fund TOTAL 3,250.00 EXPLANATION Why are funds needed? This budget amendment is needed to recognize additional grant revenue and to appropriate that revenue along with the local match for improvements to the Runway Lighting project at the Marco Island Executive Airport. The additional funding will be used to replace the airport beacon that was destroyed by lightning. Where are funds available? Funds are available from an FDOT grant and Fund 496 reserves. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE I AGENDA ITEM No. /g.// I OCi z 200! Pg._ COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Jim Coletta hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function ! Event: Lake Trafford's New Beginning Celebration Dinner Public Purpose: Represent Collier Coun _ty and interact with constituents Date of Function / Event: November 16, 2001.. Amount to be paid by the County: $20.00 Mileage: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. September 19, 2001 - through September 25, 2001. 2. September 26, 2001- through October 2, 2001. Bo Districts: 1. Collier Soil and Water Conservation District - Agenda for September 19, 2001, Minutes of August 15,2001. Co Minutes, H:Data/Format Pelican Bay MSTBU Advisory Committee - Agenda for September 27, 2001, Minutes of August 9, 2001, a) b) c) Pelican Bay Budget Hearing- Agenda for September 12, 2001 Clam Bay Sub-Committee - Agenda for September 12, 2001, Minutes for July 19, 2001. Organization Structure Review Sub-Committee - Agenda of September 27, 2001, Minutes of August 29, 2001 Collier County Planning Commission - Agenda for Friday September 7, 2001, Agenda for September 20, 2001, Agenda for September 19, 2001, Minutes of August 16, 2001. Rural Fringe Assessment Area Oversight Committee - Agenda for September 12, 2001, Minutes of August 29, 2001, Agenda for September 26, 2001, Minutes of September 12, 2001, Minutes for August 8, 2001, Minutes of August 29, 2001. AGEhlDA II~EM OCT 2 3 2001 Immokalee Beautification Advisory Committee - Minutes of August 15, 2001. o Historic & Archaeological Preservation Board - Agenda for September 21,2001, Minutes of August 17, 2001 Collier County Contractors Licensing Board - Agenda for September 19, 2001. Lely Golf Estates Beautification Advisory Committee - Agenda for October 12, 2001, Minutes of August 10, 2001. o Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee Minutes for August 17, 2001 o Enterprise Zone Development Agency - Draft Minutes of September 20, 2001. 10. Collier County Productivity Meeting - Agenda for September 19, 2001, Minutes of August 15, 2001. 11. 12. Collier County Metropolitan Planning Organization - Agenda for September 28, 2001. Collier County Coastal Advisory Committee - Agenda for May 29, 2001; Agenda for June 7, 21)01; Agenda for June 27, 2001; and Agenda for August 2, 2001, Minutes of May 29, 2001, Minutes of June 7, 2001, Minutes of June 27, 2001 and Minutes for August 2, 2001. 13. Bayshore Beautification Advisory Committee - Minutes of September 5, 2001. 14. Collier County Hispanic Affairs Advisory Board - Agenda for September 27, 2001. 15. Emergency Medical Services Advisory Council - Agenda for September 26, 2001, Minutes for August 29, 2001. 16. Environmental Advisory Council - Agenda for October 3, 2001, Minutes of August 7, 2001., Minutes of September 5, 2001 17. 1-75/Golden Gate Interchange Advisory Committee - Minutes for August 30, 2001. H:Data/Format 18. Rural Lands Area Assessment Area Oversight - Agenda for September 17, 2001, Minutes of August 20, 2001. AG~D~A OCT 23 2001 Other: 1) Letter from Guy L. Carlton, Collier County Tax Collector - Tax Collector's Recapitulation of the 2000 Tax Roll for Collier County, Florida. H:Data/Format AGENDA ITEM OCT 23 2001 EXECUTIVE SUMMARY AUTHORIZE AN AGREEMENT WITH THE CITY OF NAPLES FOR ELECTION SERVICES. OBJECTIVE: To authorize an agreement for election services for the February 5, 2002 City of Naples Council Election. The agreement is among the Collier County Board of Commissioners as owners of the voting and ballot tabulation equipment, and the Collier County Supervisor of Elections as custodian of the County's voting and ballot tabulation equipment and the City of Naples. CONSIDERATIONS: The City of Naples conducts their own election, however, per FS 101.36, authority is hereby granted to the board of county commissioners of any county that has adopted voting machines or electronic or electromechanical voting to permit municipalities within the county to use county owned voting machines or devices and to permit public agencies, private organizations, and others to use such machines or devices on a rental basis, upon such times and conditions as the board may determine. The agreement identifies the equipment and services to be provided for the election to be held February 5, 2002. FISCAL IMPACT: The fee shall be $50.00 per voting unit ($50 x 120 units = $6,000). The fee shall be paid to the Supervisor no less than 45 days prior to Election Day. If the actual election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within 10 calendar days of its receipt. The rates for the Supervisors bill shall be actual costs associated with the Election. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Collier County Board of Commissioners authorize the Chairman to sign the agreement for election services. J~nifer J. Supervisor iff Elections No._] 2001 Pg. / AGREEMENT FOR ELECTION SERVICES By and Among the City of Naples, Collier County and the Supervisor of Elections This Agreement for Election Services (Agreement) is for the February 5, 2002 city council election and is by and among the City of Naples (City), Collier County by and through the Collier County Board of Commissioners (County) as owners of the County's voting and ballot tabulation equipment, and the Collier County Supervisor of Erections (Supervisor) as custodian of the County's voting and ballot tabulation equipment. W1TNESSETH In consideration of the premises and covenants set out below, and for $10 and other valuable considerations in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto as follows: 1. The City acknowledges that only the Flodda Constitution and the FIodda Legislature may confer jurisdiction on the Board of County Commissioners and the Supervisor of Elections through various legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, or other voluntary act or involuntary act since jurisdiction is established solely by general law. 2. Section 97.021(7), Florida Statutes, provides the definition for"election" used throughout the election code and by definition, those elections for which the County and Supervisor are responsible. The City acknowledges that such definition does not include municipal elections. 3. Under the terms of the City Charter, the City is responsible for the conduct of all its municipal elections except when the City chooses to call a special election to be held by mail ballot. Such an election is subject to a separate Agreement for Services. 4. The home rule powers granted to cities by the Florida Constitution provide for the conduct of the February 5, 2002 City council election under the City Charter. 5. To facilitate the City's conduct of its February 5, 2002 election, the Supervisor of Elections shall do those items enumerated in Exhibit A identified as §19.1, Security Procedures for Municipal Elections of Collier County. 6. The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice relative to any changes which the City makes relative to polling site locations or any applicable charter amendment referendum questions. Such copy shall be provided no later than 5:00 p.m. on the fourth day preceding the election. 7. Subject to the terms of this Agreement, the County agrees to lease the following items to the City for use at the polls in its election: .120 .120 .120 ,120 · 20 · 20 · 20 · 20 · 20 Voting booths, ELS or equivalent self-contained Model 5 aluminum 228 position vote recorders and templates Magnifying lens attached to the stylus chain Voting Stylus - one per booth\ extras to be provided Handicapped stylus - one per precinct Demonstration vote recorders Ballot Boxes and ballot box tables Ballot Box padlocks and keys Long-stub Ballot Transfer Cases, aluminum 0 C"[ 2 3 2001 I::'g,. 2.. · 20 Precinct Signs with mounting assembly · Precinct directional street signs and mounting assembly additional signs for 660 and 661 · 20 Precinct file caddy and supplies · 20 American Flags · 20 Flag Poles · 20 Vote Here Alphabet Card sets · 20 Alphabet card holders and assembly · Disabled Access Ramps only if precincts used match that for which the County had constructed a ramp · Laptop computer foreach precinct 8. The City shall contract for and acquire all consumable supplies used in the election directly from the Vendor. The City shall contract for and acquire ballot cards which conform to the standards provided by administrative rules adopted by the state. Consumable supplies are those which may be used once. 9. The City shall arrange for the voting equipment preparation to occur between the hours of 8:30 a.m. and 4:30 p.m. on Thursday and/or Fdday preceding the election date. 10. The City shall arrange to have the voting equipment supplies picked up from the Elections Warehouse at 8:15 a.m. on the Monday preceding election day. 11. No later than the third day following the election, the City shall check or clean out the equipment to insure that no City election supplies remain in the file caddy, the ballot boxes, transfer cases, or voting units - either used or unused. 12. The City shall remove the masks and ballot pages from the voting machines and identify them for their records retention. 13. No later than 5:00 p.m. of the Friday immediately following the election, the City shall remove its supplies - both used and unused -- and transfer them to the City's own storage facility. 14. The City shall use the County's certified tabulating systems, as certified for use after July 1, 1993 under the new state standards, and pay directly to the approved vendor all costs for programming, on-site election support, and any repairs required as a result of the City's use. 15. Nothing in this Agreement shall be construed to require the County or the Supervisor to provide the setup of equipment for use by the City. 16. This Agreement shall be construed to require the County or the Supervisor shall provide all oaths, forms, and training materials to the City's Pollworkers, Clerks and Oath Persons. 17. Nothing in this Agreement shall be construed to infer the County or the Supervisor interpreted the provisions of the City's charter or interfered in any way with the City's exercise of its home rule powers pursuant to the conduct of the City election. 18. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisition or construction of additional equipment for use by the City at its poll sites should such equipment not already be in the County's inventory for that specific poll site facility. 19. Nothing in this Agreement shall be construed to require the County or the Supervisor to arrange for the installation and delivery and pickup of voting machines or equipment to the City or to the poll sites for use on election day. AGENDA ITEM OCT 2 3 2001 20. Nothing in this Agreement shall be construed to require the County or the Supervisor to arrange for or acquire any supplies for use by the City for either the voting equipment or at the polls. 21. Neither the County nor the Supervisor shall be held accountable for equipment needs not contained within this Agreement. There shall be no last minute adjustments to this Agreement for equipment or consumable supplies. 22. The County and the Supervisor or the Supervisor's staff shall not provide equipment service calls during the course of the City's election. 23. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot tabulation equipment components enumerated herein: · A Novell 3.2 file server with monitor and keyboard · A HP Laser Jet 5 printer; · A "host" Pentium 3 with monitor, keyboard · Three F & C M1000N card readers; · All existing cabling and power cords; · Current county configured and attached Best UPS Systems; · Three remote Pentium 3 work stations with monitors and keyboards. 24. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the following additional conditions: · The City shall utilize the services of Softech to program the system for ballot tabulation of the city election; · The City shall not remove the ballot tabulation equipment from the Collier County Government Center where it is in the Supervisor's custody or take any action which would jeopardize the security of the system or interrupt the custody chain. · The City shall conduct its Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election. · The City shall arrange for its County-approved contract agent to load the election-specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday, one week before the election. · The City shall arrange for storage of its copy of the ballot tabulation program at a site other than the Collier County Government Center. · The City's failure to comply with any of these provisions as determined by the Supervisor of Elections shall invalidate this Agreement except for paragraphs 33 and 34 since such action would have implications for subsequent County elections. 25. The Supervisor's office shall be and is solely responsible for the content and format of any affidavits and training materials used in the course of its election. 26. The Supervisor shall be responsible for any training of City's election workers, and the development of its training materials. The City shall be liable for all actions taken by the City's poll workers during the course of its election day. 27. The City shall be responsible for all activity relating to any absentee ballots it chooses to provide voters for its election - including processing requests; addressing absentee envelopes; verification of voter signatures; and providing lists of absentee voters to city candidates subject to the oath requirements of §98.095, Florida Statutes, being filed with and authorized by the Supervisor of Elections. AGENDA ITEI~ No..._\.L¢_ O CI 2 3 2001 Pg._ 28. With the sole exception of the voter registration book closing advertisement, the City shall run proper bilingual advertisements for required election notices in a newspaper of general circulation within the county. 29. The City shall provide the necessary training and personnel on election day to verify absentee voter signatures, open absentee ballots and prepare the voted ballots for actual tabulation. Such work shall be conducted under the rules established by the City Canvassing Board. 30. Except for precinct registers, the City shall be responsible for retention of all election materials and for records destruction once 22 months have lapsed per the Voting Rights Act time frame. 31. With the exception of activities relating directly to the Supervisor's determinations regarding voter registration and eligibility and to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents, and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses including attomey's fees, to any person or property which may result now or in the future from City's activities associated with this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate in the City election when not otherwise eligible or from events relating expressly to City election activity. 32. All costs, including attorney's fees and court costs, shall be paid by the City for:. a. litigation involving payment due to the County or Supervisor and for collection for any judgment recorded against the City, or b. litigation involving the City's election whether brought by an elector, the U.S. Department of Justice, or others. 33. The Supervisor or her staff shall prepare and advertise bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said advertisement shall subsequently be billed to the City which shall be responsible for payment. 34. To lease voting units, ballot boxes, and other supplies listed within this contract, the fee shall be $50 per voting unit ($50 x 120 units = $6,000). The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the County for the difference. The fee shall be paid to the Supervisor no less than 45 days prior to election day. 35. Within 10 calendar days of the city election date, the City shall provide any replacement parts or equipment that were lost, stolen, or damaged while in the City's possession. 36. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be actual costs associated with the following: · computer sort time at the rate of $75 per sort: · computer pdnting at the rate of $.15 per page AGENL~A ITE' No.JC OCT 2 3 2001 pg., · computer printing at the rate of $.27 per page · actual costs of advertising the voter registration book closing; · actual staff labor costs for work unique and peculiar to the City's election; · actual records retention storage costs at the rate of $.25 per cubic foot of material kept 22 months; · actual costs of containers used to store election related materials @ $5.50/box; · $.34 for postage on #10 envelopes, or current rate; · $2.32 for certified mail postage, or current rate; · $.0125 per page of county Precinct Register paper used (does not include data processing sorts or printing costs); · $.032 per page of letterhead stationery or current cost; · $.0328 per #10 letterhead envelope or current cost; · $.0348 per #10 window letterhead envelope or current cost; · $.11 per purchase order or current cost; · $.082 per voucher check or current cost; · $.15 per page for 8.5" x 11" or 8.5" x 14" copies; · $.20 per page for duplexed copies; · $1.00 per page for certified copies of available public records; · $15.00 labor costs for each page of letters or documents produced; · actual cost of any expenditures required by the City's election and paid by the Supervisor. 37. Notwithstanding all provisions for payment set forth in this Agreement, Section 101.002(2), Florida Statutes, provides the City shall be responsible for all costs associated with manpower, equipment, postage, and any other City election costs as enumerated in Section 97.021(8), (9) Florida Statutes, whether or not specifically set forth in this Agreement. 38. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its election. The County and Supervisor of Elections responsibility for security regarding the City's election are limited to those items contained in the attached Exhibit A. 39. The County and the Supervisor of Elections has no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Department of Justice note an objection in its response to the City Manager's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 40. The City shall obtain an insurance policy which shall name the County as additionally insured o__r agree to provide coverage through the City's self-insurance and shall assure that the County will have no financial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulating equipment and systems used in a City election. The City shall provide the County with a Certificate of Insurance for said coverage o_.r a resolution indicating such coverage under the City's self-insurance program. 41. In the event there is an election protest, contest, or sequestration order arising from the City's election involving any component of the County's voting system and/or equipment which would preclude its further use until the matter has been resolved by the courts and the County has an election scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused balance on the secudty deposit shall be returned to the City when the legal matter has been resolved. No.___~ _~.AGENDA IT.EMII(''- . 0 C1' 2 3 2001 pg. & . 42. The City shall arrange for candidates, candidate supporters, and members of the press to congregate and await election results in some publicly accessible meeting area such as the County Commission meeting room, City Hall, or other comparable location. Candidates only may be given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its precinct election workers, its election night workers, and the Elections employee designated with custodial supervision of the facility for the day will be admitted to the secured area for processing. 43. This Agreement shall be valid only for the City election held February 5, 2002. 44. In the event any part of this Agreement is determined to be unenforceable by a court of competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement. IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of six consecutively numbered pages plus a one page "Exhibit A" attachment, and affix their hand and seal this day of , 2001 by the Naples City Council and this ~ day of Supervisor of Elections. 2001 by the Collier County Board of Commissioners and All'EST: Dwight E. Brock, Clerk Collier County Board of Commissioners James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency for the County: Supervisor of Elections Jefn"nifer J. Ed~,.ards'" / Chief Assistant County Attorney ~' ATI'EST: City of Naples Tara Norman, Naples City Clerk Bonnie MacKenzie, Mayor Approved as to form and legal sufficiency for the City: Naples City Attomey No. 0CT23 2011I Pg.. Exhibit A Collier County, Florida §19.1 SECURITY PROCEDURES for Stand Alone Municipal Elections (not scheduled concurrently with state/county dates or mail ballot elections) 1. The Elections Office will advertise the registration book closing. 2. Provide the City with a precinct by precinct, demographics report within seven days of registration book closing. 3. On the 6th day preceding election day, the Elections Office will run the computer sort to produce precinct registers for use by the City (not required for mail ballot election). 4. On the 4th day preceding election day, the Elections Office shall deliver the precinct register(s) to the City Clerk no later than 5:30 p.m. (not required for mail ballot election). 5. If the City leases the County's voting equipment (not supplies), permission must be obtained from both the County Commissioners and the Supervisor of Elections for each election date per F.S. 101.36. The City shall provide the County with an itemized list of requested equipment no less than 45 days prior to election day. The County shall not be required to provide equipment it does not have nor shall it be required to provide all equipment requested. 6. If authorized by the County, the City shall arrange to pick up the leased equipment, prepare it for use in its election, and deliver it to their polling place(s). 7. The City shall return leased County equipment to the Elections Office the day after the election. The equipment shall be in the same condition as when it was received by the city. 8. If the City issues absentee ballots, the Elections Office will, prior to the canvass of votes, provide the City with records access for their verification of voter signatures on absentee ballots brought to the Elections Office by the City. 9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct register(s) organized in ascending precinct order. No later than the 3rd day after the election, the City shall deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the Elections Office in updating elector records. 10. If the City leases the County's ballot tabulation system, only the Supervisor of Elections security procedures for building and system access shall apply. The City shall be responsible for all other security measures for its procedures and supplies. 11. The Elections Office shall retain the precinct register(s) for twenty-two (22) months and then shall seek Bureau of Archives author'~.ation for destruction. Revised September 2001 AGENDA ITEM No._.~_~_i(- \ OC! 2 3 200! Pg._ EXECUTIVE SUMMARY TO AUTHORIZE THE PAYMENT OF SURPLUS PROCEEDS FROM THE SALE OF A MOBILE HOME LOCATED AT LOT #94, IN SOUTHWlND VILLAGE, 94 CLEVELAND COURT, NAPLES, FLORIDA, PURSUANT TO §715.109 FLORIDA STATUTES. OBJECTIVE: To obtain the Board of County Commissioners' approval and authorization to make payment in the amount of $787.00 to Applicant for the balance of sale proceeds from the sale of a mobile home, pursuant to §715.109, Florida Statutes. CONSIDERATIONS: On September 14, 2001 payment of excess proceeds in the amount of $787.00 was made to the Clerk of Court by the law firm representing the landlord in the public sale of a mobile home, pursuant to §§715.104, 715.105 and 715.109, Florida Statutes. A check in this amount was issued by the Clerk's office to the Board of County Commissioners on September 20, 2001. Pursuant to the Disposition of Personal Property Landlord and Tenant Act, §715.10 through §715.111, Florida Statutes, a landlord may give notice to a tenant and any other person landlord reasonably believes to be the owner of personal property when such personal property remains on the premises after the tenancy has terminated or expired. If after issuing notices pursuant to §715.105 and §715.106, the personal property is not claimed or released, the landlord may sell the property at a public sale by competitive bidding pursuant to the provisions of §715.109. After deduction of the costs of storage, advertising and sale, any balance of the proceeds of the sale that is not claimed by the former tenant or an owner other than such tenant "shall be paid into the treasury of the County in which the sale took place not later than 30 days after the date of the sale." Florida Statute, §715.109(4). This same section states that, within a year from the date of payment, the former tenant or other owner or other person having an interest in the funds may apply to the county and in the event the county pays the balance or any part thereof to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid. On September 18, 2001 an Application for Balance of Sale Proceeds was made on behalf of Sandra Palmen Bakke, by her attorney, Richard D. Sparkman, requesting that the County forward the balance in the amount of $787.00 to Sandra Palmen Bakke, in care of the taw firm. Attached to that Application was an Order in the Circuit Court of Collier County entitling Ms. Bakke to a charging lien against the mobile home, which property is identified in the Order. Staff has confirmed with the landlord's attorneys that the property described in said Order is the same mobile home located at Lot #94, in Southwind Village, 94 Cleveland Court, Naples, Florida, which was sold at public sale by the landlord. Florida Statute, §715.109, fails to set forth any procedures or requirements for the application or review of the application by the County. Ms. Bakke does appear to have a claim against the balance of the proceeds and she is the only claimant to the proceeds. Gi that ali interested parties received notice of the sale and transmittal of the surplus prc County, Staff recommends that the County disburse the surplus proceeds to thc Sandra Palmen Bakke. the_feet -eeds t'~DA ITEM 'Apt~6ant~ /~. [ 0 C t 2,3 2001 p~.,, / FISCAL IMPACT: There is $787 to be deposited Other General Administration budget. GROWTH MANAGEMENT IMPACT: None. and expended from the General Fund RECOMMENDATION: That the Board of County Commissioners approve and authorize the payment of surplus proceeds in the amount of $787.00 resulting from a personal property sale held pursuant to Florida Statute {}715.109, made payable to Sandra Palmen Bakke, c/o Sparkman & Quinn, P.A., 307 Airport Pulling Road North, Naples, Florida 34104. _ 'Ellen T. Chadwell Assistant County Attorney APPROVED BY: Jfrn~Mitchell, Director Clerk - Finance Dep~men,.t APPROVED D~tvid C. Wei=el, ~ot~nty A~.t~uey Date: /c:/;.: .:~/C'} Date: H:\Public\EIIcnXExccutix e SummariesXExccutive Summary (Authorize Payment of Surplus Proceeds).doc 2 AGENDA ITEM No. l~Z- I OCT 2 3 2001 Pg._ ,~ T,AW OFFICES Sparkman, Quinn, P.A. 307 Airport Pulling Rd. North P.O. Box 7128, Naples, FL 34101 (941) 643-6263 Fax(941) 643-5243 Attorneys at Law RICHARD D. SPARKMAN JEFFREY C. QUINN KAREN S. BEAVIN September 18, 2001 Dwight E. Brock Clerk of Court Collier County Courthouse 3301 East Tamiami Trail Naples, Florida 34!!2 .~ /'Finance Director / Finance Division / Court plaza 3 / 2671 Airport Road Sout~/ Suite 2~3 pi~s, ~!o Dear Mr. Brock and Mr. Mitchell: Application for Balance of Sale Proceeds Please be advised that Sandra Palmen Bakke hereby makes . application pursuant to F.S. 715.109 for the $787.00 balance forwarded to the court registry representing the balance of the proceeds o= the public sales of the mobile homed located at 94 Cleveland Court, Naples, Florida. This application is being made pursuant to the enclosed Orders: i. Order dated January 24, 2001 2. Order dated February 5, 2001 3. Master's Report and Order on Recommended Order dated June 14, 2000. Request you forward the proceeds to Sandra Palmen Bakke-i.~-~ca~ · "" ~F~,~DA ITEM OCT 2 3 2001 of my office. Thank you. Sincerely, R I CP3LRD D. S PA-Ri~2Z_A_N, E S Q. RDS/t! Enclosure(s) as stated AGENDA IT'~'~ ' -' NO. OCT 2 3 2001 L UTZ, WEBB, BOBO O EASTMAN Attorneys at Law J. ALl [/%' ~OBO IOHhi R. O'42NHAM, Ill DAV)D D. EAS'TMAN JOD¥ Ji. CABEL MARY R. HAWK H. ROCER LUTZ CHARLE'S W. TELFAIR., IV RICHARD q. WEBS, IV .S.A R.~SOTA 9ZF~_~CE: ONF SARASOTA rOWER TWO NORTH TAMI.,~,MI TRAIl. SUITE 500 SARASOTA, FLORID4 34:236 TELEPHONE: (94'F) 9~; 1-1800 TOLL FREE: (877) <:jr, 1-1800 FAX: (941) 36'~-1603 2155 L:'eLTA t~OULE\'ARD :',4JIT ~ 2~OB TAt~A "fA$SEk' FL :2303 TELEPH:-~NE: (850~ TOLL '-REE~ (877) 5; Z*0890 r AX: (SSO,} 52.-0,89 PLEASE REPLY TO: September 14, =001 Clerk of Court A'FTN: Bookkeeping 2671 Airport Road South Suite Court Plaza 3 Naples, Florida 34112 Re: Public Sale Pursuant to Florida Statute 715.104, 715.105 and 715.109 Dear Clerk: Pursuant to Florida Statute, a public sale was held on a mobile home lovated at Lot ~94 in Southwind Village, 94 Cleveland Court, Naples, Florida. Purs ,trent to Florida Statute, 715.109(4) (copy attached), er. closed is a check in the amc. unt of $787.00 made payable to the clerk of the court, representing the balance oft. he proceeds of':he sale, after deducting costs. Please be advised that all interested part;es have been a:tvised ofth:s action. Please £orward a receipt to me regarding this deposit. Enclo~ .d is a pre-addr '.ssed stamped envelope tbr your convenience in returning same. If you have any questions, do not hesita!e to contact me. Enclosure Sincerely, Paralegal i Mr. and Mrs. Larry Gall, Community Manager Todd Alan Ross, last known resident -- Mr. Lawrence J. Dolan, registered ovmer pursuant to Florida DMV records [ AGENDA ITEM Robert Hines Esq. (Attorney for Todd Palmen, legal co-ow"her) / NO. ~_.~ Richard Sparkman, Esq. (Attorney for Sandra Palmen-Bakke, legal co-owne~ OF_,T 2 3 2001 Latz, Webb, BoNo ~ Eastman is a Far; of Lu;z, Wchb & Bobo, P.A. ~ TITLE XL-REAL AND PERSONAL PROPERTY CHAPTER 715-PROPERTY: GENERAL PROVISIONS 715.109 Sale or disposition of abandoned property. (1) If the personal property described in the notice is not released pursuant to s. 715.108, it shall be sold at public sale by competitive bidding. However, if the landlord reasonably believes that the total resale value of the property not released is less than $250, she or he may retain such property for her or his own use or dispose of it in any manner she or he chooses. Nothing in this section shall be construed to preclude the landlord or tenant from bidding on the property at the public sale. The successful bidder's title is subject to ownership rights, liens, and security interests which have priority by law. (2) Notice of the time and place of the public sale shall be given by an advertisement of the sale published once a week for two consecutive weeks in a newspaper of general circulation where the sale is to be held. The sale must be held at the nearest suitable place to that where the personal property is held or stored. The advertisement must include a description of the goods, the name of the former tenant, and the time and place of the sale. The sale must take place at least 10 days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be pbsted at least 10 days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale. The last publication shall be at least 5 days before the sale is to be held. Notice of sale may be published before the last of the dates specified for taking possession of the property in any notice given pursuant to s. 715.104. (3) The notice of the sale shall describe the property to be sold in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by s. 715.11 does not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. (4) After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale which is not claimed by the former tenant or an owner other than such tenant shall be paid into the treasury of the county in which the sale took place not later than 30 days after the date of sale. The former tenant or other owner or other person having interest in the funds may claim the balance within 1 year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays the balance or any part thereof to a claimant, neither the county nor any officer or employee thereof is liable to any other claimant as to the amount paid. History. s. 11, ch. 83-151; s. 845, ch. 97-102. PAGE 1 AGENDA ITEM NO. \ OCT 2 3 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION IN RE: THE ~-A-RRIAGE OF TODD PALMEN, Petitioner, SANDRA BA_KKE f/k/a SANDRA PALM._EN, Case No. 96-0862-CA-01- Respondent. ORDER THIS CAUSE having come before the Court upon a Motion for Charging Lien, the Court being advised in its premises, it is; oRDEREDAND A~DJUDG~D: !.. S.~NDRA BA_KKE f/k/a S~NDRA PALMEN is entitled to a charging ~ ~ lien a~ainst the following: Make: Mana ~,. , Body: HS [i~ ~'~i Identification Number: F069!003933 " ~'uJ .~'" Tit!e N~m~er: 15971687 0%~¢~~. Yr. Mk.: 1979 ~ Use: PVT State Prev. Reg.: Fla. and is ordered to deliver the title upon payment of $2,839.95. DONE AND ORDERED in East Naples, Collier County, Florida on this day oe .. - , 2001. CC: Richard D. Sparkman, Esq. Robert G. Hines, Esq. Circuit Judge AGENDA ITEM I NO. OCT 2 3 2001 Pg. 7 The. or!g!nal cf this docume~: ~.,- F.:.'. 5 by Cyntk:s A. Ellis C~rcu~t Judge EXECUTIVE SUMMARY APPROVE THE SETTLEMENT AGREEMENT RELATING TO PARCELS 175A, 575A and 575B IN THE LAWSUIT STYLED COLLIER COUNTY V. HIW.4SSE, INC., CASE NO. 01-1088-CA. OBJECTIVE: To approve a proposed Settlement Agreement providing, among other things, for full compensation for the taking of Parcels 175A, 575A and 575B, in the lawsuit styled Collier County v. Hiwasse, Inc., Case No. 01-1088-CA. CONSIDERATIONS: On March 15, 2001, the County initiated an action in Eminent Domain to acquire Parcels 175A, 575A and 575B for purposes of future Livingston Road, Phase II. On June 27, 2001, an Order of Taking was entered by the Court and thereafter the County made its good faith deposit in the amount of Four Hundred Ninety Thousand and Txvo Hundred Dollars ($490,200.00) for the acquisition of a road fight-of-way, utility, drainage and maintenance easement (Parcel 175A) and two slope easements (Parcels 575A and 575B). Upon the making of the good faith deposit into the Court registry, title to these properties vested in the County. The subject property is uniquely configured and comprised of a rectangular northern portion approximately 510 feet xvide by 1390 feet long (16.3 acres). The southern portion of the property consists largely of a narroxv tail, approximately 120 feet wide and 2570 feet long (7.3 acres). The property is unimproved. The western 235 feet of the northern portion of the property is encumbered by FP&L easements and has limited utility to the property for purposes of development. The eastern boundary of the northern portion is also encumbered xvith canal. Prior to the taking of Parcel 175A the property consisted of approximately 7.51 acres of unencumbered area which could be used for purposes of development. In the after-condition the remainder is left with approximately 4.63 acres of developable land, which is now bounded on the xvest by power lines and on the east by future Livingston Road, a controlled access facility, and consists of a width of approximately 150 feet. Both the property owner and the County agree that in the before condition, the property could be developed for multi-family residential use, as well as other less intensive uses. The potential use for the property in the after-condition, however, remains a disputed issue bet~veen the parties. The property owner's experts claim that the remainder property can only be used in an agricultural manner, while the County's experts believe that the property may still be developed as multi-family in the after-condition. The property owner's appraiser has assessed the damages to the remainder property resulting from the taking, otherwise known as severance damages, at approximately $400,000. In addition, the appraisers disagree on the fair market value of the land being acquired. The property owner's appraisal values the land at $90,000 an acre. The County's appraisal values the property at $65,000 an acre. The difference in opinion as to the full compensation due the property owner is approximately $200,000. AGENDA IIEM ... NO. ~ OCT 2 3 2001 The property owner has proposed a Growth Management Plan amendment which would establish an commercial infill district for the remainder property and provide for future development of this property as medical and professional office/indoor storage. The property owner has proposed this plan amendment since the initiation of the lawsuit as a potential resolution to the issues arising from the taking of the property. Staff, from both transportation and planning, has considered the proposal in concept and has no objection to permitting the property owner to apply for a plan amendment during the current cycle. In order to consider a proposed plan amendment in the current cycle, the Board of County Commissioners must xvaive the application requirements for submittal of private plan amendments and review the proposed amendment without prior transmittal to the Department of Community Affairs. The waiving of the application and other procedural requirements relating to DCA review will allow the property oxvner to submit, and Staff to review, the proposed amendment in the current cycle and to present the proposed amendment for recommendations and ultimate determination by the Collier County Planning Commission and Board of County Commissioners in February or March of 2002. By waiving these procedural requirements, the Board is, in no way, assessing or making a determination about the merits of the proposed plan amendment. If, after review of the submittal, Staff recommends the proposed amendment, the property oxvner will present the proposed amendment to the CCPC for recommendations and to the Board of County Commissioners for its ultimate determination as to whether the amendment should be adopted. In the event the property owner is successful in obtaining Board adoption of its plan amendment, it agrees to accept the monies currently on deposit as full compensation for the taking of all parcels, and all damages resulting therefrom, and attorneys' fees to which it is entitled pursuant to §73.092, Florida Statutes. If the Board fails to adopt the proposed plan amendment, the parties agree to continue with the pending litigation and proceed to trial, in xvhich event the parties will be in no better or worse position than they are today. The parties have negotiated a proposed settlement which provides for the foregoing. The precise terms and conditions of this proposal are fully detailed in the Settlement Agreement, a copy of which is attached hereto as Exhibit "A". The application filing requirements for a Growth Management Plan amendment are established as a matter of policy by Resolution 97-431 of the Board of County Commissioners. Resolution 97-431 establishes other procedures for review which include the transmission of proposed amendments to the Department of Community Affairs prior to the Board's adoption. The transmittal of a plan amendment to the DCA prior to the Board's adoption is not required by Chapter 163, Florida Statutes. Consequently, the Board may waive the foregoing procedures and application filing requirements. FISCAL IMPACT: No direct fiscal impact. In the event the proposed comp plan amendment is ultimately adopted by the Board of County Commissioners, the pending lawsuit will be resolved for the monies previously deposited by the County, with the exception of a reasonable appraisal fee for the property owner, and the County will have avoided the potential risk of a jury axvard at trial in excess of $1,093,000.00. AGF~DA ITEM _ OCT 2 3 2001 GROWTH MANAGEMENT IMPACT: No direct impact. Although the Board may ultimately adopt the proposed plan amendment in the future, the Board action being requested does not dictate an outcome, and adoption of a plan amendment is uncertain. RECOMMENDATION: That the Board of County Commissioners: ° Waive application and other procedural requirements set forth in Resolution 97-431 as are necessary to carry out the terms of the Settlement Agreement; Approve the proposed Settlement Agreement attached hereto as Exhibit "A" and authorize the Chairman to sign the Agreement; and Direct Staff to take such action as is necessary to carry out the terms of the Settlement Agreement, including reviewing the proposed plan amendment to be submitted by Hixvasse, Inc. and making such recommendations or objections as it deems appropriate. Ellen T. Chadxvell Assistant County Attorney Date: /o /o./0/ Steve Miller, Director Transportation Engineering APPROVED BY: }.,W/x,~--~. [',' ,:z,,__- Norman Feder, Administrator Transportation Division Date: [,'/t'~/,, t APPROVED BY: Jotm' M. Dunnuck, III, Administrator I . Cot{~mumty Development and Environmental Services Division APPROVED BY: ~.~-~-d ~.-.~ , David C. Weigel' ff_.) County Attorney Date: ]O]tZ ftcI Date: ,~GENDA ITeM NO. OCT 2 3 2001 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into and made on this ~ day of , 2001, by and between Collier County (the "County") and Hiwasse, Inc., J. Dudley Goodlette, As Trustee and Individually, Kensington Park Master Association (hereinafter collectively referred to as "Property Owner"), with respect to Circuit Court Case No. 01-1088-CA, Collier County v. Hiwasse, Inc. WITNESSETH: WHEREAS, the County has filed an eminent domain action in the Circuit Court of Collier County, Case No. 01-1088-CA, to acquire a Drainage, Utility and Maintenance easement in Parcel perpetual Road Right-of-Way, 175A, and a perpetual slope easement interest in Parcels 575A and 575B, which are more particularly described in Exhibit "A" attached hereto; WHEREAS, title to these parcels vested in the County upon making a good faith estimate of value on July 16, 2001 in the total amount of $490,200.00; and WHEREAS, the Property Owner has an interest in the parcels acquired by the County; and WHEREAS, the Property Owner and the County desire to resolve all issues pertaining to full compensation, including severance damages, costs to cure, any other damages, and attorneys' fees and costs, relative to the acquisition of Parcels 1 75A, 575A and 575B, in Case No. 01-1088-CA; and AGEN~41T~H 110. ~ OCT 2 3 2001 pg._ ,L~ WHEREAS, the Property Owner maintains that as a result of the taking the remainder property, or approximately 12 acres, can only be utilized for agricultural uses, thereby causing severance damages in the approximate amount of $400,000; and WHEREAS, the Property Owner seeks an amendment to the future Land Use Element of the County's Growth Management Plan establishing a commercial in-fill district for the remainder property allowing for office and/or indoor storage uses; and WHEREAS, County staff has no objection to the proposed plan amendment but requires a complete review before determining whether it will support the proposed amendment; and WHEREAS, the parties hereto recognize the cost and risks involved in the continued litigation and wish to settle all pending claims in this case as set forth herein; and WHEREAS, it is the County's and the Property Owner's desire to reduce their settlement to writing and to be bound by the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged by the Parties and with the intent to be legally bound hereby, the County and the Property Owner mutually agree as follows: 1. Parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2. The County agrees to waive its application deadline and permit the Property Owner to submit a proposed amendment to the Future Land Use Element of the Collier County Growth Management Plan to establish a commercial in-fill district on the remainder property allowing for professional and medical offices and/or indoor storage IAGENDA ITEM .-,, OCT 2 3 2001 p~. ~ County agrees further that the. proposed plan amendment will be reviewed as a non- transmitted comprehensive plan amendment to be considered by the Board of County Commissioners in the current comprehensive plan amendment cycle. The text of the proposed comprehensive plan amendment is attached hereto as Exhibit "B" 3. Staff agrees that within two weeks of the receipt of the supporting documentation from the Property Owner, it shall review the supporting documentation and notify the Property Owner, in writing, as to whether the Staff will: 1) Support the proposed amendment; 2) Support the proposed amendment with certain specific revisions; 3) Will not support the proposed amendment; or 4) Require additional information in order to evaluate the proposed amendment. 3.1 In the event staff will not support the proposed amendment or staff will support the amendment but only with specific revisions that are unacceptable to the Property Owner, then the Property Owner may elect to terminate this Agreement pursuant to Section 7 below. 3.2 Supporting documentation shall include a limited market study, a limited traffic analysis, a conceptual plan, which will include Eatonwood Lane, and a survey of the remainder property. the depiction of access on However, the County reserves the right to request additional information needed to evaluate the proposed amendment. 3.3 As a condition for staff recommendation, the Property Owner agrees that all 3 AGEN[;)~ ~T~M. NO. OCT 2 3 2001 pg. access to the remainder property shall be provided via an access connection on Eatonwood Lane. To the extent the current Collier County Access Management Policy will allow it, the Property Owner may apply for a right-in/right-out connection onto Livingston Road. 3.4 ' The Property Owner acknowledges and agrees that, as a necessary part of the review and adoption process, the proposed amendment must be presented to the Collier County Planning Commission for its recommendation vel non and to the Board of County Commissioners for its ultimate determination as to adoption. 4. The parties acknowledge and agree that Staff recommendations shall be based upon an independent review conducted pursuant to state and local law. 5. The parties expressly acknowledge and agree that the approval or adoption of the proposed comprehensive plan amendment is subject to the Board of County Commissioners' review and approval. Such review shall be conducted pursuant to state and local law. 6. The Property Owner understands that in the event the plan amendment is adopted by the Board, it will be submitted to the Department of Community Affairs ("DCA") for review and that by proceeding with a non-transmitted amendment there exists the possibility of a finding of non-compliance by the DCA after adoption of the amendment. In the event the DCA finds that the adopted amendment is not in compliance, the Property Owner agrees to assume responsibility for defending the plan amendment, which may include intervening in an administrative proceeding, participating in a consent agreement, or any other action deemed necessary and appropriate to obtain DCA approval. If the Property Owner elects not to defend the plan amendment against the DCA's Notice of Intent to find the plan amendment not in compliance, the 'c,~r,~,' may . .- , 4 OCT 2 3 2001 Pg. -7 , elect to take no further action. Nothing contained in this Agreement shall be construed or interpreted as requiring the County to defend the plan amendment once adopted if the Property Owner fails to participate in the administrative process. 7. The parties agree that in the event the Board of County Commissioners does not approve or adopt the comprehensive plan amendment or County Staff proposes changes to the proposed amendment which are not acceptable to the Property Owner, or County Staff notifies the Property Owner, in writing, that it no longer supports the amendment, the Property Owner may elect to terminate this Agreement. Upon such election by the Property Owner, the parties shall notify the Court and request that pending litigation be placed on the Court's next available trial docket for a jury trial on the matter. The terms and conditions of this Agreement shall be inadmissible for any purpose at the trial in this cause. 8. In the event the Board of County Commissioners approves and adopts the proposed plan amendment, the parties shall effectuate a full and final settlement of the case by obtaining a Stipulated Final Judgment which shall provide for the following: 8.1 The Property Owner shall have and recover from Collier County the sum of FOUR HUNDRED NINE THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($409,300.00) for Parcels 175A, 575A and 575B, as set forth below, less any amounts already paid to Property Owner, as full payment for the property interest taken, all damages resulting to the remainder, and all other damages in connection with the taking of these Parcels: AGENDA IT, EM. ~_~ ( OCT 2 3 2001 As for Parcel 175A As for Parcel 575A As for Parcel 575B 8.2 of EIGHTY THOUSAND NINE HUNDRED provided under Chapter 73, Florida Statutes. $ 395,400.00 (Land) $ 100.00 (Land) $ 8,600.00 (Improvements) $ 5,200.00 (Land) The Property Owner shall recover reasonable attorney's fees in the amount AND 00/100 DOLLARS ($80,900.00) as 8.3 In the event the Property Owner has withdrawn the good faith deposit prior to operation of Section 8, the Stipulated Final Judgment shall reflect that the Property Owner has received the full compensation and the attorney's fees set forth above and that no additional payment shall be due and owing from the County except for a reasonable and necessary appraisal fee as provided by s. 73.091, Fla. Stat. 9. The Property Owner represents and warrants to the County that Hiwasse, Inc. owned the subject property as described in Exhibit "C" attached hereto as of July 16, 2001, and continues to own the remainder property as of the execution of this Agreement Hiwasse, Inc., further represents that it will not relinquish or transfer any rights in said property where to do so would hinder its ability to comply with the requirements of this Agreement. 10. This Agreement has been entered into freely and voluntarily by the Property Owner after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from its legal counsel, Richard Yovanovich, Esquire. 11. The Property Owner acknowledges and agrees that the terms of Agreement are subject to the approval of the Board of County Commissioners 6 this at a duly AGEN I OCT 2 3 2001 noticed public meeting of the Board and that the terms hereof shall not be binding on any party until formally accepted and approved by the Board of County Commissioners. 12. Upon Board approval of this Agreement, the parties shall execute and file a stipulation for continuance of the trial in this matter. The trial shall be continued indefinitely until such time as the Board adopts the proposed plan amendment or the Property Owner elects to terminate this Agreement. 13. The parties agree that this Agreement supersedes and replaces all prior Agreements and understand that it constitutes the entire Agreement between the Property Owner and the County and that there exists no other Agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever. In executing this Agreement, the Property Owner does not rely upon any inducements, promises, or representations, other than those expressed in this Agreement. 14. The parties expressly acknowledge and agree that this Settlement Agreement represents a negotiated compromise of all issues, damages, claims, and the like arising out of the acquisition of Parcels 175A, 575A and 575B, in Circuit Court Case No. 01-1088-CA, and as such is inadmissible to establish fair market value of the property for any purpose. 15. This Agreement shall be governed by the laws of the State of Florida. AGEN No. OCT 2 3 2001 IN WITNESS WHEREOF, the Property Owner and the County have executed this Settlement Agreement consisting of ~ ATTEST: DWIGHT E. BROCK, Clerk pages on the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D:, Chairman Date: HIWASSE, INC. Witness Print Name Witness Print Name By: JEFF MANGEN, President Date: J. DUDLEY GOODLETTE, as Trustee and Individually Witness Print Name Witness Print Name J. DUDLEY GOODLETTE Date g OCT 2 3 2001 .g. KENSINGTON PARK MASTER ASSOCIATION, INC. Witness Print Name Witness Print Name By: Date Approved as to form and legal sufficiency: ELLEN T. CHADWELL Assistant County Attorney H:\Public\Litigation~Eminent Domain\OPEN CASES\Livingston I[I\Hiwasse~SETTLEMENT AGREEMENT.doc 9 AGENDA ITEM"_ OCT 2 3 200f pg. AGENDA ITEI~ OCT 2 3 2001 - ROAD RIGHT-OF-WAY, DRAINAGE, UTILFF~ & MAI~NT. EASEMENT PROJECT: NO. PROJECT PARCEL NO: . TAX PARCEL NO. SECTION 15, TOWNSHIP '49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAy PARCEL (NOT 4 SURVEY) (SEE SHEET 6 OF 6 FOR DESCRIPTION. OF RIGHT-OF-WAY PARC£L) '. MA TCHUNE SEE SHEET 2 OF* $ F.P.~ EAS~T F.P.&~ [ASmENT 170' ~.P.&L ~ s~ ~. ~ ~ ~ -' ~ ~ ~ ?~- · '... BEARINGS ARE BASED ON ~E FLORIDA 5TA~ PLAN COORDINA~ S~, EAST ZON~ ~. PREPARED BY: SCAIF:~ , ,."' O~AWN~_.x~JA~ DAT~: NOV. O. ~ggg CHE~BY:~ PRO.CT-NO.: 7841 FILE N~ 727~ ACAD NO: 7274-17A PROJECT: NO. PROJECT PAR TAX PARCEL NO. SECTION 73, TOWNSHIP.:49 SOUTH, RANGE 25 EAS7~ COLLIER'COUNTY, FLORIDA _SKETCH OF' RIGHT-OF-WAy PARCEL (NOT A SUR'V~¥~_ (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF.--WAy PAR'CEL) MA TCHLINE SEE SHEET $ OF $ I F.P.&~L. EASEMENT ] F.P.&L. EASEMENT '_O.R. 182. PC,. 205,~ (O.R. 429, PG. ,]54) I SCALE: AGEN,D~, I,T'EI~ ,m ~O. _ t ~.~.~V~..___~ OCT 2 3 2001 tlO' 125' ".P.&L. EASEMENT F.P.~ EASEMENT ~.R. la3, PO. 3tl~ (O.n. 504, PG. 4~5) 20' PROPOSED R.O. ½ LIHAIGSTON ROAD: I PARCEL ' PROJECT; NO. PROJECT PARCEL NO: TAX PARCEL NO. __ S£CTION 15, TOWNSHIP.149 SOUTH, RANGE 25 EAST C©I..LIER ©©UNT¥, FL©RIDA SKETCH OF.RIGHT-OF-WAy PARCEL (NOT A SURVEY) (SEE SHEET 6 OF ~ FOR D£$CRIPTION OF RIGNT-OF-WA¥ PARGEL) MA TCHLINE SEE SHEET 4 OF 6 110' 125' +21. o4 20 PROOFED R.O.~ MATCHLINE 5EE SH~T 2 OF 6 BEARINGS ARE BA~ ON ~E ~OR~DA $TA~ PLAN COORDINA~ S~M, EAS~ PREPARED BY-' $ oo'o~'57' E Pt ~/24/oo a/2~/oo '~/8/m SCALE: I"" I00' e~yeo:.. "' '5 OF6 D. AC-,NOLI, R.S.M. NO. 5335 *'D BY: WOA ~iO: 7274 .DATE; NOV. 9. 1999 PROJECT NO.: 7841 ACAD AGENi~A L'rEM__ OCT 2 3 2001 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION 13, TOWNSHIP.,49 SOUTH, RANGE 25 EAST . COLLIER COUNTY, FLORIDA . .SK-CTCH OF' R/CHT-OF-WA¥ PARCEl' (NOT A SURV~¥.~_ (SEE SH£E~- 6 OF 6 FOR'DE$CRIP~ON OF' RIGHT-OF-WAy PARCEL) MA TCHUNE SEE SHEEr ~ OF 6 · J II0' F.P.&!_ EASEMENT FO.R. t82, PG. 205 I 120' UWNC$TON PARCEL I75A EAST-WEST ONE-QUARTER SEC MATCHLINE SEE SHEE~ J OF O :-'.~.....;...' .* ...... BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SysIE~,.' ~T. . i:: PREPARED BY: g,/-/oo ',~: _!) t/'/.. .- ';::-*' · ^GENp/k I~E¥ ~ OCT 2 3 2001 p~. !-/ ,. SECTION SK-~TCH OF RIGHT-OF-WAY PAR¢----CL (NOT A SURVEY.) (SEE SHEET 6 OF' 6 FOR DE$CRIPllON OF RIGHT-OF-WAY PARCEL) PROJECT: NO PROJECT PA~'CEL NO: TAX PARCEL NO. TOWNSHIP:.i~9 SOUTH, RANGE 25 EAST COLLIER cOUNTY, FLORIDA 110' ' I F.P.&'L. EASEMENT i(O.R. ~?I, PG, ,133) I ) I 125' F.P.&L. ~ASEi,IE'NT (om..~Jt, Pa.. IF' P&L · . EA,~E14ENT FO.R. Ili2, PG. 2OS.,Jl F. P.&L £AgEtI~NT I (O.R. 24e7, Pa. 14a~) RrGHT-OF-WA Y DEDICA ~ON COUNTY PROJECT NO. PINE + I 8 SCALE: I',- 100' BEARINGS ARE BASED ON THE FLORIDA STATE ~LAN COORDINATE $~:~, EAST Z~90. SEC TION 15, · '~PETUAL. NON-EXCLUS%V~ ROAD RJOHT-OF-WA~, ORA/NADP, U'F/LITY & MAINT. EASEMENT PROJECT: NO. PROJECT TAX PARCEL NO. TOWNSHIP=,49 SOUTH, RANGE 25 EAST COLLIER 'COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF- WA Y PARCEl_. ALL 'tHAT PART OF' THE EAST 510 FEET OF* DiE SOUTHEAST OUARTER AND THE EAST 510 FEET OF' THE SOUTHEAST QUARTER OF* THE NORTHEAST QUARfER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, F'LORIOA, BEING MORE PARTICULARLY DESCRIBED AS FOI. J. OW5: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 1,5, THENCE NORTH OODg'57' WEST ALOH~ THE EAST LINE OF SAID SECTION I J, a DISTANCE OF* 2841.14 FEET TO THE EAST ONE-QUARTER CORNER OF.SAID SECTIOH 13: THENCE NORTH 00'15'30' WEST ALONG THE EAST LINE Of' SAID 5ECIION 1.3. A D~STANCE OF' 1319.9B FEET TO AN INTERSECTION ~,fTH THE SOUTH LINE OF* THESE LANDS AS DESCRIBED IN OFIffCIAL RECORD BOOK 2457, PAGE PtB3, PUBLIC RECORDS OF COLLIER COUNTY, Ft, ORIDA,. THENCE LEA~1NG 5AID EAST UNE Of SAID SECtiON f3- NORTH 89'23'42' WEST ALONG THE SOUTH LINE OF' SAID LANDS A DISTANCE OF' ~20.01 FEE7'; THENCE LEAHNG SAID SOUTHERLY LINE Of' 5AID CANOE 50UTH 00"J5'30' EAST 1521.70 FEET TO AN INTERSEC710H VATH THE EAST-WEST ONE-QUARTER SECllON LINE OF 5~ID SECTION I J: 7HENCE SOUTH 0D"09'57° EAST 8~5.52 .FEET TO AN INTERSECTION Of' A NORIWERLy LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 28..18, PACE I089, PUBUC RECORDS OF COLUER COUNTY, FLORIDA; DAENCE NORTH 8§'50'13' EAST ALONG SAID NORTHERLY UNE OF' SAID LAND~;~ X DISTANCE OF 20.00 FEET; THENCE SOUTH' 0D"0§'57' EAST ALONG THE EAST UNE OF' SAID LANDS A DISTANCE OF lflOO. O0 FEET TO AN INTERSECTION WITH THE 50UTH LINE OF' SAID SECTION 15; THENCE SOUTH 88'56'41' EAST ALONg SAID SOUT14 LINE 0t:' SAID SECTION 13, A DISTANCE OF 100.03 FEET TO T~IE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: CONTAINING 10.18 ACRES OF LAND MORE OR LES[ AGEN .'rE OCT 2 3 2001 -' * - -~7':..:1;~ "-' " 'BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE .$~STE~f, 'EAST ZO ~90: PREPARED BY: ' ' ~HEE.'T.. ': ' · mmmm~RUND&0%~ ~ SCA~ t . · ' ' ..... ~ ~ .. · ~ ~ , . / ~=~~_ "" = -- ,- I,,,=,--- -I r,.~ ~:~ - [CT ~o.. OCT 2 3 2001 iff PROJECT: NO, PROJECT PARCEL NO: ~ RJ TAX PARCEL NO.~O.~..,~J~. SECTION I..3, TOWNSHIP.149. SOUTH, RANGE 25 COLLIER COUNTY, FLORIDA SKETCH OF SI~OPE~ ~,.ASEMENT (NOT A SURVEY),, (SEE SHEET 3 OF $ FOR OE5CRIPTION OF SLOPE EASEMENT~ MA TCHLINE SEE SHEET 2 OF ~HE NORTHEASTII~JARTER OF ~EC~ I:::: I10' F.P.&L EASEMENT lO.R, 1~2. PG. 205 1 12:5' EASEMENT PROPOSED SLOPE EASEMENT PARCEL 575B P.O.B. 0 0 EAST 120' OF THE EAST 510' EAST lq' SCALE: 1" - I00' PROJECT: NO. PROJECT pARCEL NO: TAX PARCEL NO. SECTION 15, TOWN'SHIP '49 SOUTH, RANGE 25 EAST COLLIER C~)UNTY, FLORIDA _SKETCH OF SI, OPE ~ASEM~NT (NOT A S,URV~Y)_ (SEE SHEET 6 OF 6 FOR DESCRIPTION OF SLOPE EASEMENT,~ F'.P,6d_ EASEMENT (o.~. ~. pc. ~) F,P.~r., EAEEMENT (O,R. 43~, PG. 207 275'1 EXI~BIT 'B" R~GH T- OF- WA Y DEDICA 'DON COUNTY PROJECT NO. PiNE RIDGEIROAD ° + I' 155' J I0.00 PROPO5ED. SLOPE EASEMENT PARCEl 075B MA TCHLINE SEE SHEET ! OF 3 "' .....'. ,.. ' ,,.~ ~. '.. ,'?.,, BEARINGS ARE BASED ON T~E FLORIDA STATE PLAN COORDINATE SYS.~. , 'E/~'3'~';~IYE 8J..~O."'~"~ ..... ~ ~ ~¢ , ,.s.~. ~b. :~:' = = :: ,=.=.-----,-,.,,.--,,, tI' ~ c.~~ ~~ SCALE: I'., lOO' AGENDA ITEI~ OCT 2 3 2001 SECTION 15, PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. ~ TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA PESCRIPTION OF SLOP~ EASEMENT ALL 7HAT PART OF THE 50UTHEAST QUARTER, AND ALL THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST OUARTER OF SECTION II, TOWNSHIP 4g SOUTH. RANGE 25 EAST, COLUER CQUNT~', FLORIDA, BFING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 7, KENSINGTON PARK, PHAEE ONE. ACCORDING TO THE PLAT THEREOF' AS RECORDED iN PLAT BOOK 21, PAGES 82 THROUGH ~7, PUBIJC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE NORTH 00'09'57' WEST . ALONG THE EAST LINE OF* TRACT D OF SAID PLAT, A DISTANCE OF I.]O. O0 FEET TO AN IN~*ERSECTICV*I YdTH THE NORTH UNE OF SMD TRACT D OF SAID PLAT AHD THE PDINT OF BECdNNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE 50UTH 8g'50'24' Y~F. ST ALONG THE NORTH 'LINE OF SAID TRACT D A DISTANCE OF I0.00 FEET: · THENCE LEA'VlNG THE NORTH LINE DF 5AID TRACT D NORTH 00'09'57' t~ST 75.48 FEET TO AN INTERSECTION WITH THE EAST-WEST QUARTER SECTION (JNE OF' SAID SECTI~*I THENCE NORTH O0"lS'gO' WEST 1521,glJ FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF' THE NORTHEAST QUARTER OF' SAID 5ECTION THENCE SOUTH ~9'23',12" EAST ALONG 5AID 50UTH LINE OF' 5AID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION I$, A DISTANCE OF lO, OD FEET TO AN fNTERSEC~ON YII]~f A UNE THAT 15 120.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE Dr. THE NORTHEAST QUARTER OF SAID SECTION THENCE SOUTH 0015'50' EAST ALONG SAID LiNE THAT tS 120.00 FEET WEST OF' AND PARALLEL WITH THE EAST LINE DF' THE NORTHEAST QUARTER OF 5AID SECTION 15, A DISTANCE OF 1521,?0 FEET TO AN INTERSECTION WiTH THE EAST-~ST QUARTER SECTION LINE OF SAID SECTION 13; THENCE 5i:XITH 00'09'57" EAST 73.~19 FEET TO THE POINT OF BEGIN,%qNG OF' THE EASEMENT HEREIN DESCRIBED; CONTAINING I.],g52 SQUARE FEET DF' LAND MORE OR LESS. eEARfNC, S ARE BASED ON mE FLORIOA STATE PLAN COORDINATE SYSIE~J, .~'.~. Zi~ '832"0. ".. PREPARED BY: . . ,,~-- ' , q ~$~EET"50~ ... '. J A GF_Ni;)~ ITEM x NO. ~~ OCT 2 3 2001 PROJECT: NO. PROJECT PARC~ TAX PARCEL NO, ~O..~'~,., SECTION 13, ~UWNb'HIH':,49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA _SKETCH OF S~.OPE EASEMENT (NOT A SURVEy) (SEE SHEET 2 OF '2 FOR DESCRIPTION OF SLOPE EASEMENT.) II0' .R. 162, PG. 205 110' '-.P.&L. r62. PG. I F.P.&L. EASEl, lENT (O,R. 42go PC. 354 ' PARCEL 575A PROPOSED SLOPE EASEMENT · t20° UHNGST~N ROAD 8 ~ SCALE: 1" - 100' o EARING$ ARE BASED ON THE FLORIDA STATE PLAN COOROINA TE SYS'~, ."~,45T ZONE:*'8*$/gO~ :';' '. ,111111~,,,,,o,_" ' ~R^;, ' '. "..:3:';'::':":-' ~ ~ '-,,. ,-. ,-, ~,-,-, ,,.. ~ ,,,.,. ~. Y: "' -. P. ~:~. . 25 u, .~ ,.,, .... ~,,,. Ll*-.-.. 71"145 AGEN I OCT 2 3 2001 1 PROJECT: NO. D007l ! PROJECT PARCEL NO; ~ I TAX PARCEL NO.~ SECTION 13, TOWNSHIP 4-9 SOUTH, RANGE 25 EAST COLLIER COUN'TY, FLORIDA. · DESCRIPTION OF SLOPE EASEMENT ALL THAT PART OF' THE SOUTHEAST OUARTER OF SECT~OH I3, TOWN':HIP 49 50UTH, RANG~ 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS £OLLOW~: BEGINNING AT THE SOUTHEAST CORNE~ OF TRACT 7, KEHSINGTOH PARK PHASE. ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES ~2 THROUP.,H 87, PUBLIC RECORDS OF' COLLIF~ COUNTY, FLORIDA, THENCE SOUTH 00'09'07' EAST ALONG A lINE 12D. 00 FEET WEST OF AHD PARAJ..~*'L WITH THE EAST LINE OF SAID SECT~OH 13, A DISTANCE OF 110.16 FEET TO THE NORTHEAST CORNER OF THOSE LANDS AS DESCRIBEO IN OF'F~CIAL RECORD BO0~ 263~, PACE lOag, PUBLIC RECOROS OF. COLLIER COUNTY; THENCE SOUTH B9'50'02' F/E~:T ALONG THE NORTH LINE OF SAID L.AHDS A DISTANCE Of' IO. O0 FEET; THENCE LEA~4NG SAID NORTH LINE OF' SAID LANDS NORTH 00'0g°57' ~EST IIO, l~ FEET TO AN INTERSECTION Y~TH THE SOUTH LINE OF 5AID TRACT 7: T~I£NCE NORTH Bg~O'02' EAST ALONG 1HE SOUTH LINE OF' 5AID TRACT 7, A DISTANCE OF ~0.0~ FEET TO THE POfNT OF BEC. INNING OF THE EASEMENT HEREIN DESCRIB. ED; CONTAINING H02 SQUARE FEET OF LAND MORE OR LESS. PREPARED BY: ' ' sHEET,2 ~ ["~}°' ~s~`~:'' ~~' ''''''~ -w~~ou, ..~u.'..o. ~5 DRA~~.i;D~t~:'."tU~. 25. 2000 FiLE NO~/7~4 *. · ACAD NO: 7274--42 Livingston Road/Eatonwood Lane Infill Subdistrict- This subdistrict consists of approximately 11.8 acres at the intersection of Livingston Road. and Eatonwood Lane. In addition to uses allowed in the Plan, the intent of the Livingston Road/Eatonwood Lane Infill Subdistrict is to provide professional and medical offices and/or indoor self storage facilities to the surrounding residential areas within a convenient travel distance. Access to the property within the Subdistrict shall be from Eatonwood Lane and shall be located as far west as reasonably possible. Additional access to the property in the form of a right-in/right-out onto Livingston Road may be allowed where compliant with access management standards. AGEN I OCT 2 3 2001 The East 510 feet of the Southeast Quarter and the East 510 feet of the Southeast Quarter of the Northeast Quarter located in Section 13, Township 49 South, Range 25 East, Collier County, Florida,: Less and except the following from the above described parcel: Commencing at the Southeast corner of Section 13, Township 49 South, Range 25 East, Collier County, Florida and run North 00 degrees 09 minutes 47 seconds West along the Easterly line of said Section 13 for 2126.61 feet; thence run South 89 degrees 50 minutes 13 seconds West for 120.00 feet to the Point of Beginning; thence continue South 89 degrees 50 minutes 13 seconds West for 390.00 feet; thence run North 00 degrees 09 minutes 47 seconds West for 430.00 feet; thence run North 89 degrees 50 minutes 13 seconds East for 390.00 feet; thence run South 00 degrees 09 minutes 47 seconds East for 430.00 feet to the Point of Beginning. OCT 2 3 2001 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 106 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOAN F. TOBIN, ET AL., (TRAFFIC SIGNAL EASEMENT, PROJECT NO. 60171) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 106 for the traffic signal easement in the lawsuit entitled Collier County v. Joan F. Tobin, et al., Case No. 00-2898-CA. CONSIDERATIONS: On October 20, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of the traffic signal easement (Project No. 60171). On November 6, 2000, Collier County deposited with the Registry of the Court the sum of $1000.00 for Parcel 106 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Joan F. Tobin, as personal representative of the Estate of Dorette K. Fleischman, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2000-164). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $2,000.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 106, mad $297.00 to be paid to David P. Hopstetter, Esquire for attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $1,297.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ,~.~TFIS~CAL IMPACT_.' Funds in the amount of $1,297.00 will be made available from the ransportation Gas Tax Fund in the FY 02 Adopted Budget. Source of funds will be Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; County Growth u . OCT 2 3 2001 approve the expenditure of the funds as stated; and direct staff to deposit the sum of $1,297.00 into the Registry of the Court. Heidi F. Ashton Assistant County Attorney REVIEWED BY: Ed ard J. Kant,,Dlrector ransportat3on Operations REVIEWED BY: N : orm Fei:ler, Administrator / Transportation Division / / County Attorney Date: Date: // h: Lit',~E mDom\Tobin\ExS um-P 106S FJ 2 ocr 2. y 2'ooI Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, JOAN F. TOBIN, as personal representative of the Estate of Dorette K. Fleischman, et al., Respondents. Case No.: 00-2898-CA Parcel No.: 106 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, JOAN F. TOBIN, as personal representative of the Estate of Dorette K. Fleischman, for entry of a Stipulated Final Judgment as to Parcel No. 106, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, JOAN F. TOBIN, as personal representative of the Estate of Dorette K. Fleischman, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, JOAN F. TOBIN, as personal representative of the Estate of Dorette K. Fleischman, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Thousand and No/100 Dollars ($2,000.00) for Parcel No. 106 as full payment for the property interests taken and for damages resulting to the remainder, if AGENDA ITEM .--~. No. OCT 2 3 2001 les~ than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, JOAN F. TOBIN, receive from Petitioner as a reasonable attorney's fee the sum of Two Hundred Ninety Seven and No/100 Dollars ($297.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 106; it is further ORDERED that Petitioner shall deposit an additional One Thousand Two Hundred Ninety Seven and No/100 Dollars ($1297.00) subject to the approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disbUrse the total amount of Two Thousand and No/100 Dollars ($2,000.00) to YOUNG, van ASSENT)ERP, VARNADOE & ANDERSON TRUST ACCOUNT, c/o David P. Hopstetter, Esquire, SunTrust Building, 801 Laurel Oak Drive, Suite 300, Naples, Florida 32301, less any amounts previously paid for the benefit of Respondent, JOAN F. TOBIN, as personal representative of the Estate of Dorette K. Fleischman it is further ORDERED that the Clerk shall disburse the sum of Two Hundred Ninety Seven and No/100 Dollars ($297.00) to David P. Hopstetter, Esquire, YOUNG, van ASSENDERP, VARNADOE & ANDERSON, SunTrust Building, 801 Laurel Oak Drive, Suite 300, Naples, Florida 32301; it is further ORDERED that title to Parcel No. 106, traffic signal easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated October 20, 2000, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further 2 OCT 2001 Pg. ~ ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in of the Public Records of Collier County, Florida be Official Record Bo6k 2711, Page 1250 dismissed as to Parcel No. 106; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of 2001. conformed copies to: Heidi F. Ashton, Esquire Mark T. Alliff, Esquire E. Glenn Tucker, Esquire David P. Hopstetter, Esquire CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Sl/.pulated Final Judgment. DAVID P. HOPSTE'T'I~ER, ESQUIRE orda Bar No.: ! 9. q Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 - Telephone (941) 597-1060 - Facsimile ATTORNEY FOR RESPONDENT Florida Bar No.: 0966770 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile ATYORNEY FOR PETITIONER OCl 2 3 200! PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY 8B1 Project: 60171 Parcel: 106 Folig: 6194020000~ TRAFFIC SIGNAL EASEMENT LEGAL DESCRIPTION BEGIN AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF FLEICHMANN BOULEVARD AND THE WEST RIGHT OF WAY LINE OF GOODLETTE-FRANK ROAD; THENCE EASTERLY ALONG THE W~:ST TO EAST PROLONGATION OF SAID NORTH RIGHT OF WAY LINE OF FLEICHMANN BOULEVARD A DISTANCE OF 132.8 FEET MORE OR LESS TO THE EAST RIGHT OF WAY LINE OF GOODLETTE-FRANK ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 16 FEET; THENCE EASTERLY AND PERPENDICULAR TO, SAID EAST RIGHT OF WAY, A DISTANCE OF 12 FEET; THENCE NORTHERLY ALONG A LINE LYING 12 FE~:T EAST, AS MEASURED PERPENDICULAR TO, SAID EAST RIGHT OF WAY LINE A DISTANCE OF 16 FEET; THENCE WESTERLY A DISTANCE OF 12 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. ~ POINT OF COMMENCEMENT 2) P.OB. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R~N = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR No. ~ 0CT 2 3 2001 PREPARED BY: / ~E~)-~-~'RT-~ICHMOND P.L.S. 2406 COL. ER COUNW PUBUC WO.KS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE DATE JANUARY 20; 2000 STWR188 SHEET1 OF1 EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 168 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JAMES R. NASH, ET. AL., CASE NO. 01-0757-CA (LIVINGSTON ROAD, PROJECT NO. 60071) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees to be paid for engineering services with respect to Parcel 168 in the lawsuit entitled Collier County v. James R. Nash, et al., Case No. 01-0757-CA (Livingston Road Project No. 60071 ). On, July 3, 2001, an Order of Taking ;vas entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Project (Project No. 60071). On July 18, 2001, Collier County deposited with the Registry of the Court the sum of $26,300.00 for Parcel 168 in accordance with the Order of Taking. On July 31, 2001, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to this parcel. Pursuant to Section 73.091(1), Florida Statutes. the County has agreed to pay reasonable engineering fees in the amount of $9,451.80 for the engineering services of Tipton Associates Incorporated, and a reasonable attorney's cost of $106.70, with respect to Parcel 168, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "1"). ~kt'~ FISCAL IMPACT: Funds in the amount of $9,558.50 are available in the Transportation Supported Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: COnsistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Expert Fees 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $9,451.80 into the Registry of the Court. .... AGENDA ITEM q OCT 2 3 2001 SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM Transportation Division David C. Weigel County Attorney Date: Date: Date: h: LitLFassett\ExSum-2T-AgrcedOrder AGENDAITEM t / OCT 2 3 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 01-0757-CA Petitioner, vs. Parcel No.: 168 JAMES R. NASH, et al, Respondents. / AGREED ORDER AWARDING EXPERT FEES AND ATTOI~NEY'S COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, RELLEUM, INC., by and through their undersigned counsel, CHARLES R. FOREMAN. ESQ., for entry of an Order Awarding Expert Fees and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum of NINE THOUSAND, FOUR HUNDRED FIFTY ONE DOLLARS and 80/100 ($9,451.80) for engineering services of TIPTON ASSOCIATES INCORPORATED with respect to Parcel 168; and ORDERED that the County shall disburse the total amount of Nine Thousand Four Hundred Fifty One Dollars and 80/100 ($9,451.80) to Foreman, Krehl & Montgomery Trust Account, c/o Charles R. Foreman, Esq., 320 Northwest 3rd Avenue, Ocala, Florida 34475, within 30 days of the approval of the Agreed Order by the Collier County Board of County Commissioners; and ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum of ONE HUNDRED SIX DOLLARS and 70/100 ($106.70) for attorney's costs from GREGORY COURT REPORTING SERVICE, INC., with respect to Parcel 168; and ORDERED that the County shall disburse the total amount of ONE OCT 2 3 2001 DOLLARS and 70/100 ($106.70) to Foreman, Krehl & Montgomery, c/o Charles R. Foreman, Esq., 320 Northwest 3rd Avenue, Ocala, Florida 34475, within 30 days of the approval of the Agreed Order by the Collier County Board of County Commissioners; and' 1T IS FURTHER ORDERED AND ADJUDGED that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. DONE AND ORDERED in chambers at Naples, Collier County, Florida this __ day of ,2001. CIRCUIT COURT JUDGE Conformed Copies to: Heidi F. Ashton, Esq. Charles R. Foreman, Esq. JOINT MOTION The parties, by and through their undersigned attorneys, move for entry of the foregoing Agreed Order Awarding Expert Fees. Dated: CHARLES R. FOREMAN, ESQ. Florida Bar No. FOREMAN, KREHL & MONTGOMERY 320 NXV 3rd Avenue P. O. Box 159 Ocala, FL 34478 ATTORNEY FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQ. Florida Bar No. 966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 941/774-8400 - Telephone 941/774-0225 - Facsimile ATTORNEY FOR PETITIONER ! AGENDAITEM L'/ 2 3 2001 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 271 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JEFFREY GARGIULO, ET AL., (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 271 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Jeffrey Gargiulo, et al., Case No. 00-1976-CA. CONSIDERATIONS: On September 12, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On September 29, 2000, Collier County deposited with the Registry of the Court the sum of $700.00 for Parcel 271 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Marceline Tabor and Kathy Tabor, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-288). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "I"). The Stipulated Final Judgment provides for $840.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcel 271. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $140.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. 4~x-~FISCAL IMPACT: Funds in the amount of $140.00 are available in the road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and 1 AGEN. I~)AJTEM No./IL/ OCT 2 3 2001 3. direct staff to deposit the sum of $140.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: /C,/! /C-; / REVIEWED BY: A. N. Korti, Project Manager Transportation/ECM Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM Norm Feder, Administrator Transportation Division / County Attorney Date: '~e~/ Z_ /o[ Date: .... Date: h: Lit',EmDom\GarguiloXExSum-P271SFJ ocr 2'3 2001 Pg- .-~a~__..._._ IN TIlE CIRCUIT COURT OF TIlE TWENTmTE[ IN A.ND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. JEFFREY GARGIULO, et al., Respondents. Case No.: 00-1976-CA Parcel No.: 271 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, ~MARCELINE TABOR and KATHY TABOR, for entry of a Stipulated Final Judgment as to Parcel No. 271, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondents, MARCELINE TABOR and KATHY TABOR, and the Court being otherwise fully advised in the premises thereof, it is there, pon ORDERED AND ADJLTDGED that Respondents, MARCELINE TABOR and KATHY TABOR, have and recover from Petitioner, COLLIER COUNTY, FLORID& the sum of Eight Hundred Forty and No/100 Dollars ($840.00) for Parcel No. 271 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further AGENDA ITEM NO. OCT 2 3 2001 Pg. ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 271; and it is further ORDERED that Petitioner shall deposit an additional One Hundred Forty and No/100 Dollars ($140.00) into the Registry, subject to approval of the Board of County Commissioners, within thirty (30) days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the total amount of Eight Hundred Forty and No/100 Dollars ($840.00) to COLLIER COUNTY TAX COLLECTOR, c/o E. Glenn Tucker, Esq., RHODES & TUCKER, Box 887, Marco Island, Florida 34146, less any amounts previously paid for the benefit of Respondents, MARCELINE TABOR and KATHY TABOR; it is further ORDERED that COLLIER COUNTY TAX COLLECTOR shall apply said funds to the most delinquent taxes first; it is further ORDERED that title to Parcel No. 271, drainage, utility, and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 12, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Eook 2684, Page 943 of the Public Records of Collier Couaty, Florida be dismissed as to Parcel No. 271; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2001. 2 Honorable Ted Brousseau Circuit Court Judge OCT 2 3 2001 conformed copies to: Heidi F. Ashton, Esq. Marceline/Kathy Tabor P. Gerald DeSimone Monte Lazarus Harold Fisher Gale/Laura Sledge Collier County Tax Collector JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 271. Dated: ~Q~,/O~'O[ Dated: MARCELINE TABOR 370 25~' Street SW Naples, Florida 34117 Dated: (9 C) "/i9 '"~/ BOR 370 25th Street SW Naples, Florida 34117 HEIDI F. ASIITON, ESQ. Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 3 AGENDA ITEM ~.-- NO. ',OCT 2 3 2001 L -~ G AL_P~SC R ~TLQJ~Sj~j (NOTA SURVEY) The North 15 feet of the South 65 feet of the West 100 feet of Tract 69, Golden Gate Estates Unit No. 10, as recorded in Plat 13ook 4, Page 1'0I of the Public Records of CoIlier Couniy, Florida. : PR, .~PERTY EXIS flHG POW LINE GOLDENGATE [ VB.) _ J'IO~TH PROP£RTT~LINE I§O FEET -- :OUTII PROPEI1TY L1NE SCALE: I Inch = I00 feel r EASTPROPER'Pf LINE 15 FOC~t Drl. AiNAGE , AND M/([N'TE/~IANCE EASEMENT (EXISTING 50 FT. I'M,','_~J, SEMENTJ ucorge R..W'dchmond P.L.S. ~/2406 Public Works Englneedng Dept. 3301 Tamiami Trail East Nap~cs. ~ 34112 AGENDA ITEM No. _JbX..- --~ OCT 2 3 2001 pg. 6 EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT, JOSEPH DELUCIA, TRUSTEE, FOR PARCEL 199 IN THE AMOUNT OF $2,000.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSEPH DELUCIA, TRUSTEE, ET AL., CASE NO. 00-0938. CA. PROJECT NO. 63041. OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to 73.032 Fla. Stat. to Respondent, Joseph DeLucia, Trustee, in the amount of $2,000.00 as full compensation for the condemnation of Parcel No. 199 in Collier County v. Joseph DeLucia, Trustee, et al., Case No. 00-0938-CA, project no. 63041. CONSIDERATIONS: On March 14, 2000, an eminent domain action was filed for the acquisition of property for utility, drainage and maintenance easements. On June 20, 2000, an Order of Taking was entered in by the Circuit Court as to Parcel 199 utility, drainage and maintenance easements, and on July 3, 2000, the good faith estimate of value for this parcel was deposited into the Court registry, thereby vesting title in the parcel in Collier County. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel, Joseph DeLucia, Trustee, the sum of $2,000.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Joseph DeLucia, Trustee 'has thirty days from the date of mailing the offer to accept. If Joseph DeLucia, Trustee accepts, the County will be required to deposit an additional $1,000 into the registry, and the total sum of funds on deposit, or $2,000.00, will be paid to Joseph DeLucia, Trustee by Stipulated Final Judgment of the court. If Joseph DeLucia, Trustee rejects the offer, and fails to recover more than $2,000.00 for Parcel 199, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Joseph DeLucia, Trustee after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $I,000 are available in the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. AGENDA ITEM / NO. OCT 2 3 2D01 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: SUBMITTED BY: Approve the terms of the Offer of Judgment and authorize its service on Respondent, Joseph DeLucia, Trustee; and Approve the expenditure of funds as stated; and Authorize $1,000 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Joseph DeLucia, Trustee; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. /'xd, Z~/'~/ ~/~~ Date: I-~eidi F. '~¥shton Assistant County Attorney A. N. Korti, Project Manager Transportation/ECM REVIEWED BY: x. \,..,, (,. , . . -_~T~N)... Date: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM REVIEWED BY: - Date: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM Dawd C Wmgel County Attorney 2 Date: Date: ./O '-' O ? "o F' AGENDA ITEM NO./Lo L., ¢ OCT 2 3 2001 Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. JOSEPH DELUCIA, TRUSTEE, et al., Respondents. TO: CASE NO. 00-0938-CA CIVIL ACTION PARCEL: 199 OFFER OF ,JUDGMENT Joseph DeLucia, Trustee 4525 W. Twain Avenue Las Vegas, Nevada 89103 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, JOSEPH DELUCIA, TRUSTEE, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent, JOSEPH DELUCIA, TRUSTEE, arising out of the taking of Parcel 199, in the total amount of Two Thousand and No/100 Dollars ($2,000.00), for Parcel 199, which includes the amount of $1,000.00 which was deposited pursuant to the Order of Taking dated June 20, 2000. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. AGENDA ITEM NO. ! L~ L.--, ~'~ OCT 2 3 2001 Pg .... .~ Dated this day of ,2001. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: x,,.f_~.. / HEDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. mail to the parties listed below on this day of ,2001. Joseph DeLucia, Trustee 4525 W. Twain Avenue Las Vegas, Nevada 89103 HEIDI F. ASHTON, ESQ. Avatar Properties, Inc. f/k/a GAC Properties, f/k/a Gulf American Corporation, f/k/a Gulf American Land Corporation Juanita I Kerrigan, Registered Agent 201 Alhambra Circle, 12th Floor Coral Gables, Florida 33134 AGI~IDA OCT 2 3 2001 Pg. ~ EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS, MARGERY BAKER AND FRED ABDNER LAVOIE, FOR PARCEL 281 IN THE AMOUNT OF $2,000.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. WILLIAM H. BLANTON, ET AL., CASE NO. 00-1969-CA, GOLDEN GATE BOULEVARD PROJECT 63041. OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Margery Baker and Fred Abdner LaVoie, in the amount of $2,000.00 as full compensation for the condemnation of Parcel No. 281 in Collier CottlZQ' 1'. William H. Blanton, et al., Case No. 00-1969-CA. CONSIDERATIONS: On June 7, 2000, an eminent domain action was filed for the acquisition of properly for utility, drainage and maintenance easements. On September 14, 2000, an Order of Taking was entered by the Circuit Court as to Parcel 281 utility, drainage and maintenance easements, and on September 29, 2000, the good faith estimate of value for this parcel was deposited into the Court registry, thereby vesting title in the parcel in Collier County. The Offer of Judgment, a copy of which is attached, offers the property owners of this parcel, Margery Baker and Fred Abdner LaVoie, the sum of $2,000.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure. This figure takes into account the basis for the appraised value and the potential risks in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Margery Baker and Fred Abdner LaVoie have thirty days from the date of mailing the offer to accept. If Margery Baker and Fred Abdner LaVoie accept, the County will be required to deposit an additional $800.00 into the registry, and the total sum of funds on deposit, or $2,000.00 will be paid to Margery Baker and Fred Abdner LaVoie by Stipulated Final Judgment of the court. If Margery Baker and Fred Abdner LaVoie reject the offer, and fail to recover more than $2,000.00 for Parcel 281, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Margery Baker and Fred Abdner LaVoie after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees, and attorneys fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $800 are available in the Transportation Gas Tax ~d' ~ ~'ource of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: AGENDA ITEM~ OCT 2 3 2001 Pg. ~ 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Defendants, Margery Baker and Fred Abdner LaVoie; and Approve the expenditure of funds as stated; and Authorize $800 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Margery Baker and Fred Abdner LaVoie; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: Heidi F. Ashton Assistant County Attorney A. N. Korti, Project Manager Transportation/ECM Date: Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM Nort'n Feder, ]kdministrator Transportation Division David C. Weigel County Attorney Date: Date: Date: 2 AGENDA ITEM '-'7 No. OCT 2 3 200l Pg. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. William H. Blanton, et al., Case No.: 00-1969-CA Parcel No.: 281 Respondents. OFFER OF JUDGMENT TO: Margery Baker Fred Abdner LaVoie 108 11th Street, NW Naples, FL 34120 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues. and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, MARGERY BAKER AND FRED ABDNER LAVOIE, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, MARGERY BAKER AND FRED ABDNER LAVOIE, arising out of the taking of Parcel 281, in the total amount of Two Thousand and No/100 Dollars ($2,000.00), which includes the $1,200.00 previously deposited pursuant to the Order of Taking. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. NO. tC~ OCT 2 3 2001 Pg. '~ The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of ,2001. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEDI F. ASHTON~ Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. mail to Margery Baker and Fred Abdner LaVoie, 108 11th St., N~V, Naples, FL 34120; Green Tree Financial Servicing Corp., Home Improvement Dept., 332 Minnesota St., Suite 610, St. Paul, MN 55101; Germain, Inc., a Delaware Corp., d/b/a Germain Toyota of Naples, 13327 Tamiami Trail N., Naples, FL 34110; Fifth Third Bank as successor to Bank of Naples, 4099 Tamiami Trail N., Naples, FL 34101; Collier County Tax Collector, c/o Vincent Murphy, Esq., MURPHY LAW FIRM, 3785 North Airport Road, Naples, FL 34105 on this day of ,2001. h:LitXEmDomXDeLima\Offer of Judgment 281 Baker HEDI ASHTON, ESQ. 2 AGENDA ITEM NO. kt~ t... OCT 2 3 2001 EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS, SAMUEL TRUJILLO AND SANDRA I. GINES, FOR PARCEL 231 IN THE AMOUNT OF $800.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. RICHARD A. GOWER, ET AL., CASE NO. 00-1396- CA. PROJECT NO. 63041. OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Samuel Trujillo and Sandra I. Gines, in the amount of $800.00 as full compensation for the condemnation of Parcel No. 231 in Collier ColtllQ' v. RichardA. Gower, et al., Case No. 00-1396-CA, project no. 63041. CONSIDERATIONS: On April 12, 2000, an eminent domain action was filed for the acquisition of property for utility, drainage and maintenance easements. On August 1, 2000, an Order of Taking was entered by the Circuit Court as to Parcel 231 utility, drainage and maintenance easements, and on August 14, 2000, the good faith estimate of value for this parcel was deposited into the Court registry, thereby vesting title in the parcel in Collier County. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel, Samuel Trujillo and Sandra I. Gines, the sum of $800.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure. This figure takes into account the basis for the appraised value and the potential risks and costs in proceedin, g to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Samuel Trujillo and Sandra I. Gines have thirty days from the date of mailing the offer to accept. If Samuel Trujillo and Sandra I. Gines accept, the County will be required to deposit an additional $400 into the registry, and the total sum of funds on deposit, or $800.00, will be paid to Samuel Trujillo and Sandra I. Gines by Stipulated Final Judgment of the court. If Samuel Trujillo and Sandra 1. Gines reject the offer, and fail to recover more than $800.00 for Parcel 231, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Samuel Trujillo and Sandra I. Gines after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. ,~FISCAL IMPACT: Funds in the amount of $400 are available in the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. AGENDA rl'~. NO.|~~ ~ OCT 2 3 2001 Pg. ~, GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. SUBMITTED BY: Approve the terms of the Offer of Judgment and authorize its service on Respondents, Samuel Trujillo and Sandra I. Gines; and Approve the expenditure of funds as stated; and Authorize $400 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Samuel Trujillo and Sandra I. Gines; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. / / , 4. d~ ~ ~ Date: ,! O/cT//O f Heidi F. Ashton Assistant County Attorney A. N. Korti, Project Manager Transportation/ECM REVIEWED B Y: ¥'-X',~'k~'~-x''--4z-'~L'- ~'''~3 Date: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM REVIEWED BY: ~'"-~~{',...~C ~ ('~-f'- Date: Steve Miller, P.E., Director Transportation/ECM No Feder, Administrator Transportation Division REVIEWED BY: Date: APPROVED BY: ~C,. Date: David C. Weigel~2~ County Attorney 2 NO. [1_o OCT 2 3 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COI].IER COUNTY, FLORDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, RICHARD A. GOWER, et al., Respondents. CASE NO. 00-1396-CA CIVIL ACTION PARCEL: 231 OFFER OF JUDGMENT TO: Samuel Tmjillo and Sandra I. Gines Calle Acacia A-25 URB Del Carmen Rio Grande, PR 00745 Plaintiff, COLLIER COUNTY, FLORDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, SAMUEL TRUJILLO AND SANDRA I. GINES, for all compensation, including severance damages, business damages, costs to cure, together with the value of the ta'king, and any other claims of Respondents, SAMUEL TRUJILLO AND SANDRA I. GINES, arising out of the taking of Parcel 231, in the total amount of Eight Hundred and No/100 Dollars ($800.00), for Parcel 231, which includes the amount of $400.00 which was deposited pursuant to the Order of Taking dated August 1, 2000. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees a'ld cnqt~ AGENDA ITEM ~ NO._[(~ ~ ~ OCT 2 3 2001 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __day of ,2001. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITION-ER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Samuel Trujillo and Sandra I. Gines, Calle Acacia A-25, URB Del Carmen, Rio Grande, PR 00745, on this __ day of ,2001. HEIDI F. ASHTON, ESQUIRE 2 AGENDA ITEM ~ Nc). OCT 2 3 2001 pg. L~ 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 that 'increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 2000-01. Each of these budget amendments has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive summary at the Office of Management and Budget. The amendments and summary are included herein by reference in the resolution. FISCAL IMPACT: The amendments and executive summaries, which xvere previously considered and approved by 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 budget. Prepared by: Pq'Q ~~t7 Michael Smykowski, OMB Director Tho;'n~'s ~g. ~)"~ff, Co~}~anager Date: /'t9-/2-c9/ Date: AGENDA~ No. OCT 2 3 2001 Pg..,. / COUNTY OF COLLIER NOTICI~ OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2000-01 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on October 23, 2001, at 9:00 AM or soon thereafter, in the County Commissioners' Boardroom, 3rd Floor, W. Harmon Turner Building (Building F), Collier County Government Center, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budget, 2nd Floor, Administration Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk Board of County Commissioners Collier County Florida James D. Carter, Ph.D., Chairman Budget Amend. Fund No. No. Fund Title Change Amount Fund Total 01-512 413 01-513 410 01-518 490 01-525 001 County Sewer Impact Fees PURPOSE: To appropriate transfer from loan proceeds for wastewater plant expansion. $12,800,000 County Water Sewer Debt Service PURPOSE: To appropriate SRF Loan proceeds for wastewater plant expansion. $12,800,000 EMS $275,659 PURPOSE: To appropriate carryforward and merit reserve for 800 MHz communication equipment repair and for overtime. General $19,091 PURPOSE: To appropriate revenues for building maintenance special services items. $49,823,503 $39,316,300 $12,029,751 $160,844,854 AGENDA ITE,~ OCT 2 3 2001 Pg.~ I RESOLUTION NO. 01-BAR- 2 3 A RESOLUTION PURSUANT TO SECTION 129.06(2), 4 FLORIDA STATUTES, TO AMEND TIlE BUDGET 5 FOR THE 2000/01 FISCAL YEAR. 6 7 WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also 8 referred to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures 9 therefor; and 10 WHEREAS, the Board of County Comraissioners of Collier County, Florida, has received copies of budget 11 amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts of a 12 nature from a source not anticipated in the budget and received for a particular purpose; appropriations for expenditures in 13 particular funds that should be decreased and other appropriations in the same fund that should be correspondingly 14 increased; appropriations from the reserve for contingencies; appropriations from the reserve for future construction and 15 improvements; and increased receipts for enterprise or proprietary funds received for a particular purpose; and 16 WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2000/01 by 17 resolution pursuant to Section 129.06, Florida Statutes. 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 19 COUNTY, FLORIDA, that the budget amendments to the FY 2000/01 Budget described below are approved and hereby 20 adopted and the FY 2000/01 Budget is so amended. 21 22 INCREASE 23 (DECREASE) 24 CARRY 25 FORWARD INCREASE 26 BUDGET OR INCREASE INCREASE INCREASE (DECREASE) 27 AMEiNrDMENT INTEREUND (DECREASE) (DECREASE) (DECREASE) INTERFUND 28 FUND NUMBERS TRANSFERS RECE1PT EXPENDITURE RESERVES TRANSFERS 29 30 413 01-512 $12,800,000 31 410 01-513 $12,800,000 32 490 01-518 $275,659 $547,659 33 001 01-525 $19,091 $19,091 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 $12,800,000 ($272,000) S12,800,000 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Chief Assistant County Attorney AGENDA ITF~ No. /7 OCT 2 3 200! Pg._ AVPLAT2001 -A R 1365 SHEET 1 OF 2 EXECUTIVE SUMMARY PETITION AVPLAT2001-AR1365 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 10' WIDE UTILITY EASEMENT LOCATED ON LOTS 45 AND 46, BLOCK "B", ACCORDING TO THE PLAT OF "COLLIER'S RESERVE", AS RECORDED IN PLAT BOOK 20, PAGES 59 THROUGH 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the platted 10' wide Utility. Easement on Lots 45 and 46, Block "B", according to the plat of"Collier's Reserve". CONSIDERATIONS: Petition AVPLAT2001-AR1365 has been received by Planning Services from John Jassy, owner and petitioner, requesting the vacation of a portion of the platted 10' wide Utility Easement on Lots 45 and 46, Block "B". The owner of these two lots wants to build a house over a portion of the Utility Easement. Most of Turner Place was previously vacated by Resolution 99-248. Letters of no objection have been received from Collier County Engineering Review, Collier County Public Utilities Division, Florida Power and Light Company, Sprint, Comcast, Collier's Reserve Homeowner's Association and the North Naples Fire Control and Rescue District. Zoning is P.U.D. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2001-AR1365 for the vacation of a portion of the 10' wide Utility Easement on said Lots 45 and 46, Block "B"; and 2. Authorize the execution of the Resolution by its Chairman; and 3. Direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records and to make proper notation of this vacation on the recorded plat as referenced above. AGENDA ~TE~ No, /? ~) OCT 2 3 200! AVPLAT200 t -AR1365 SHEET 2 OF 2 PREPARED BY: Rick Grigg, P.S.M. Engineering Services DATE:~ REVIEWED BY: ,:.7< Thomas E. Kuck, P.E. Engineering Services Director Interim Planning Services Department Director DATE: .4 .-; 'm Administrator o Cor~unity Development & Environmental Services DATE: OCT 2 3 2001 5 6 7 8 9 10 11 12 RESOLUTION NO. 1001- RESOLUTION FOR PETITION AVPLAT2001-AR1365 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST l~l A PORTION OF A 10' WIDE UTILITY EASEMENT LOCATED ON LOTS 45 AND 46, BLOCK "B", ACCORDING TO THE PLAT OF "COLLIER'S RESERVE", AS RECORDED IN PLAT BOOK 20, PAGES 59 THROUGH 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED !74 SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida St~mtes, John Jassy, Owner and Petitioner, does ! 3 hereby request the v~cation of a portion of the platted 10' w~de Utility Easement on Lots 45 and 46. Block 14 "B". according to the plat of"Collier's Reserve", as recorded in Plat Book 20, Pages 59 through 87, Public 15 Records of Collier County, FlOrida: and 16 WHEREAS, the Board has this day held a public hearing to consider vacating said portion of the 17 platted 10' wide Utility Easement located on Lots 45 and 46, Block "B", according to the plat of"Collier's 18 Reserve", as more fully described below, and notice of said public heanng to vacate was given as required by 19 law: and 20 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 21 convenient access of other properD' owners. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 23 COLLIER COUNTY, FLORIDA, that the following pomon of the 10' wide platted Utility Easement ts 24 hereby vacated: 25 See Exhibit "A' attached hereto and incorporated herein. 26 BE IT FURTHER RESOLVED, that the Clerk to the Board ts hereby directed to record a certified 27 copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of 28 this vacation on the recorded plat as referenced above. 29 This Resolution is adopted this day of .2001, after motion, second and 30 ma3onW vole favonng same. 31 32 DATED: 33 ATTEST: 34 DWIGHT E. BROCK. Clerk 35 36 37 DepuD' Clerk 38 39 4O 41 .\pproved as to form and legal 45 Pamck G. White, Esq. 46 \ssmtant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter. Ph.D.. Chairman OCT 2 3 2001 EXHIBIT "A" SHEET 1 OF 1 AVPLAT2001 -AR1365 16Al PETITION Date Received: -.-~.'~, ~/ Attachment "B" FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND ~/ Petition #: Petitioner: ~:'~ ~------'~'~ ~ ~a ~f' ~ ,c( _-~ ~ '-'--7-~ ~ ~ Telephone: Address: '~ City/State: .~..~ ~ ~ w~ Zip Code: Agent: Address: City/State: Telephone: Zip Code: Address of Subject Property: Location: Section ~ Township Range .~-~ Subdivision: Legal Description: Lot cJ.%T*~'~lock ~ Unit Plat Book 2~ Page(s) ~-:f- ~'~ Reason for Request: ~ =,~ Current Zoning:_ ~. :~ Does this affect densi~? I hereby authorizO,, gen~bove to represent me for this petition: Signature of Petitioner Print Name [] Yes [] No Date (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions o~f Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of otticers and major stockholders. If applicant is a partnership, limited partnership or other business entity, principals. List all other owners. Artac?.ment "B" Page ' ,,'x OCT 2 3 200 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date IP°st Date IPayment slip Nbr 282305 ,8/22_/2001 10:46:00 AM 8/22/2001 AR 1365 Appl Name: JOHN D & KAREN K JASSY Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 895 TURTLE CT NAPLES FL 34108 Proj Name: JASSY, JOHN Type: TAZ: Subdiv Nbr: 318 Project Nbr: 2001080054 Payor'JASSY REAL ESTATE Fee Information Fee Code : Description ~ GL Account ! Amount Waived 12TRVC I REV ACCT/VAC EASEMENT-ROW i10116361032910000000 $1000.00 Total I $1000.00 Payments ~ Payment Code i Account/Check Number I Amount ;CHECK i3674 i $1000.00 Memo: Total Cash I $0.00 Total Non-Cash I $1000.00 Total Paid f $1000.00 Cashier/location: GARRETT_S / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printe :8/;;~L-~O~ 3oL~[jJlo AI Pit._ aS01 N. Tm~iefm TmL S~f ~0 Nm~ Jdln D. JossY WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) HHB~LB~ I~lkVAR ~ whose post or, ce Mdrul il 35J5 AnchoraS¢ Way. MiamL Florida 3:3133, a'olm O. ~.TASIY Alto EAR~ lc. aa, saY, litJaBAnO Mm W'J:FB, AS MI B~T&'~B BY 'rHB Rod excepaom u set foeh in F, xin~t 'n' mxsched SUBJF, C~ TO pemli . - -~his deed, qree to abide by and campty bm~ which Omnm(.). by mo .ccepm~ ~- terms ted ~ ofltmolu:ion No, 99-~ 88 of the Bead of County Ceauniu~.. SUBJECT TO r---.-----~ ...... ,~ ,non vacatin8 a portion of Tumor PIm:~ t, ecm~ea in OR Book 2605. pqe SUBYP, C't TO sa oblipt~ by Otmtoe(.); Otmoe(s) suc~ssork Mira md amp to use Fe~ured Builder approved by Collier's Rmervo. Ltd., a Plotida limited partnersh~ in with tho construction of nay imptovomenU to tho nn oetion fiShts in hvot of¢olilot'i Reserve, t,ld. as provided for iu deed toCwemer SUB~,CT TO Y ...... 9~lle ltO~mh O f Collier CountY, aa r~corded in OR Book 2607, paso ;uj~ 6 oa w t _T_S TU^T tqO .UoMUTEAD """' .... 2001 OR: 2802 PG: 1383 and ~aid grantor doe~ hereby fully wan'ant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. o'O~llll~' ~ '[r~l~° ~1~ ~ I'm' ~lh~dal' M,d plunll, n/, Con~s! IN WlTN~S WHEREOF, Grantor ha~ hereunto set grantoes hand and real thc day and y~r tim above written. Signed. sealed and delivered in om' pre~e~c: Print Nam~ of Wiin~sa $$2 s-rAril o~ · nm FORF. c, on~G ~$TP.~ WAS ACK~OWLr=Dgr:g) n~OP.~ M£ O~ Tt-m ~_.=~.~ 7'~/ .DAY OF ~ 2001, BY SI-[EREE SAVAR, WHO (~I$ PERBONALLY KNOWN TO ME, o~ ( ) PROOUCED AS Print Name of Notary Public MY COMMISSION EXPIRES: · · : .' '~ ',.~..:':.,' .,.. ! .."' "!:.~. . :.-.~, 0 :,.,.... ,c ; =, ;:'" "' '~'lant~'i~4:n~sTa-.l~$. . c. ' ;:2.- rL ¢.. -2- OCT 2 3 200! EXIilBIT "A" ALL OF' LOTS 45 AND 46. BLOCK 'g' Of' THE PLAT 01: COLLIER'S RESERVE AS R~COIK)ET) IN PLAT BOOK 20. P,~.~S 59 THROUGH 87. PUBLJC RECORDS Of' COCLIEq COtJNTY. FLOR1D,~: 11~THER RfTH THE FOLLO~NG OESCRIgED PARCEL OF' LAND; LAHO D~SCRIPTION OF VACatED ~RnON OF TURNER PLACE ALL THAT PART OF TURNER PLACE AS SHOWN ON TH'~ PLAT OF COLL~'S RESERVE. RECORDED IN PLAT BOOK 20. PAGES 59 THROUGH 87, PUBLIC RECORDS Of' COLUER COUNTY. FLOI~DA. SEING MC~E PARTICULARLY DESCRIBED AS FOLLOWS: C~M~NC~I(I AT THE SOUTHERLY MOST CORNER OF LOT 46. BLOCK 'g° Of' SAIO P~.Ar. SAID COf~R ~EING A POINT ON THE I~STERLY mGHT-OF-WAY UNE OF SAgO ~ PLACE. SAiD POUfT ALSO BERiG A PDI~T ON A CURVE I~RO~ WNICH TH~ RADIUS I~INT BEARS SOUTH 82'32'08' EAST: TI.F..HCE HORTHERL¥ ALONG SAID IIESTERLY R~GHT-OF-WAY UNE AND ALONG SAIO OJRI/E. CONCAVE EASTERLY. HAt~NG A RAOIL~ OF 9(ZOO FEET. A CENTRAL ANOLE OF 09'43'15' FOR AN ARC ~STAI~CE OF I~27 FEET TO A ~OU~T OF T)J~BVC~. THENCE NORTH 17~1'08' EAST ALONG SAJO V~STERLY UNE FOR A DLSTMCE OF 59.17 FEET TO THE vACA TED: n~--No~TH-~'O~' EASY CONT~U~G ALONG SJUO ~STE~.Y UN£ FOR MST, MCE Of' I&O? ~ TO A P(~IT OF CU~VATUI~ ~ (:~NCAVE WES~RLY, HAtWG a R~.~ OF ~00 ~Er. A CDImAL ANGLE OF 23~'09' F(~ AN AR(: D~TANCE OF 3&34 FEET TO A POINT Of* THBeCE NORTH 0~7'03' Y~'ST OONTUd~NG ALONG S)JD ~STERLY UI~ FOR OISTANCE OF 44.30 FEET TO A POINT OF CURVA~WE~ FEET. A (:ZN~ML AMM. E OF ~4'02'3~' FOR AN ARC DISTANCE OF 7134 FTET TO POINT OF TANGENCY. ALSO A PO~NT ON a SOUTHEZ~f. Y UNE OF SAID THENCE NORTH 89'59'39' ~ST ALONG SAgO .~XI'I'I'fERCY ~ F'OR A DISTANCE. ~3. g7 FEET TO A POINT OK ~URVATUR~ ALONG SA~D CtlRV~. GONC4VE SOUn~AS~PLY. NArcO A ~AD~US OF 2GO0 FEET. THENCE SOUTHI~,(STERL Y, V,~STERL Y, NO~ TH~,F. S TERL Y. HOR TH'ERt Y ~ NORTHEASTd:RLY Al. ON<} SAIO CURVE. CONCAVE EASTERLY, HAVING A RADIUS OF' 30.00 FEET, A CENYRAL ANGLE OF' 233'0~'~' FOR AN ARC D{STANC~ 0~' 122.07 FEET TO A POSIT OF TANGENCY. SAIO POINT ALSO ~F. JNG ON A t~t~RCY LINE ~ SOUTH g9'59'39' EAST ALONG SAID NORTHERLY UNE FOR A MSTAHCE OF 1~.%07 FEET TO M ~TERSEC~lON mm AN EASTERLY UN£ OF S~O TURI~R THENCE SOUTH 05'57'0J' EAST ALONO SAIO EASTERLY ~ FOR A DISTANCE OF 12~40 F~ET TO A PO~T OF CURVA?IJRE: THENCE SOUTHERLY CONTWUING ALONG S,~O EASTERLY UNE ANO ALONG SAJO CURVE. 60NC4t~ gtSI~RLY. HAVING A RADIUS OF 13~00 FETT. A CEHTRJu. )J~LE OF 2J~a'08' FOR AN ~C OISTANCE Or ~2.4~ FEET TO A POINT THEN~ SOUTH 17'I1'06' V~ST CONTINUING ALONG SAJO EASTE~Y ~ FOR A DIST, MC~ OF 20.~3 THENC~ LEAVING SAJO EAS1T, RLY UNE NoRTH 69'17'~4' I~ST FOR A OISTA~CE Of' 40.08 FEET TO TH~ POINT OF OCT 2 3 200 Parcel Page 1 of l Collier County Tax Collector 2000 Tax Roll Inquiry System OWNER INFORMATION Name:[[SAVAR, SHEREE Address:ti4211 MONSERRATE ST Address:Il Address:J{ Address:{{ Address:{{MlAMi, FL 33146-1207 TAX INFORMATION PROPERTY INFORMATION I LegaI:IICOLLIER'S RESERVE BLK B ii Acr~:llLsa I [ LegaI:{[LOTS 45, 46 AND THAT PORTION [ Legal:llOF TR "R" (TURNER PLACE) [ LegahHVACATED IN OR 2605 PO 1513 PAYMENT INFO Paid Recpt:113200 Mach:][03 Paymt:H4.426.78 Morqp STATUS INFO. VALUE/EXEMPTIONS .omestd ex:lid I Agricltr Ex:lid I Widow, Ex:IlO I mi~d~:llO Disabled:{{O v¢,~r= ~:11~ I w~,o.~ ~:11o I c~,.i~ ~:ll~ I CounLy:l[i ,130.72 School St:[[l,641.27 School 1oc:H820.16 ci~ T~qlo.oo Water:J[268.55 Dependt:][l?9.14 lndepend:J1374.48 Voter Appr:]l 12.46 Gross Tax:H4.426.78 Appr fee:l[O.OO Advertising:II6.06 PAY TERMS N°v:H4.249.71 Dec:{14'293'98 I Feb:l14'38Z5~ I Mar:l14'42s'~sI I ^Pr:Il°'°° I Non Ad va]In Installment:liN ~fe=d:lln ~pt::llN mA:lid Last Updated: 8/15/01 5:00pm http: xxww.colliertax.com/RecordDetail.asp.'?FoliolD=27185004687 AGENDA IT~ no. /? OCT 2 3 200i mt { g/16/2001 ~0 BLOCK '~' S C.T. NO. 7 TURNER PLACE TRACT 'R' O ~ , COURSE ." I .' rP. Ac T of 43 50 BLOCK B' ~ ,~79; 6! 6£ 60 59 ~_/~ ~ OCT 2 3 2001 09/05/2001 13:42 941566??0@ JASSY PAGE 02 LIST OF ADJACENT PROPERTY OWNERS AVPLAT2001-AR1365 TYPE[T] TQI ] OWNER -2. -3. '4. FGN: CITY PR US: CZTY-ST-ZIP. ** NAME-LEGAL-NOTES INQIENTRY/CHANGE ** (N) ** FC [2 ] OC [SF] FOL[O [27185004603] ... ED--> [27185004603] [ - ADDRESS ..... , ........ [U]<-TYPE (U F N) [DAVIS TR, JEFFREY DEFOREST ] (B U S H M [dEFFREY DEFOREST DAVIS REV/TR ] D R W T X Y Z) [UTD 7/19/90 ] [12207 COLLIERS RESERVE DR ] [ [NAPLES FGN: COUNTRY ....... [ TRS>[48][25][22][229900]<SCN RES471 ] MSG ] [IV] <-PC OWN ][FL] [34110][0911] ] [ ] < .... FGN MAILCD TP> 01 [ BI[ 41]<-BB LU FOR STRAP... LEGAL 1. [COLLIER'S RESERVE 3.1 MR- SALE 4, [ D[17]MY[ 800]BK[2711]PG[1995]TR[ 0]$[ Nl,[ OE2. [ T 3.[ WK-MDY 102400 BY NLB EsC Exit ] BLOCK/LOT FOR SUBD ] BLDG/UNIT FOR CONDO ] PAR-NUM FOR ACRG ][ ]<-LE ?59,100]V[V]VI[I]TD[WD ]NP[ 118Y[ ] ] EXEMPT ;FLAGS ] HX AX WX:SP HO SL IV ] [0][0][0][ ][ ][*][Y] ^ ^ PG/ZTM 9859 / 3 WW 20 EI 0000 EY O0 PN 00000000000 20 LU 01 EX I CF[ ] F1 Update Date: 08/16/2001 Tlme: 10:15;16 O£T 2 3 200~ FC [2 ] TYPE[B] TQ[ ] OWNER -2, -3. -4. FGN: CITY PR -5. US: CITY-ST-ZIP. ** NAME-LEGAL-NOTES [NQ/ENTRY/CHANGE ** (N) ** OC [NR] FOLIO [27185004629] ..' ID--> [27185004629] [ ADDRESS ..... · ........ [U]<-TYPE (U F N) [TOUSSEL HOMES [NC ] (B U S H M [6017 PINE RIDGE ROAD EXT # 255] D R W T X Y Z) [ [ [ ] [BS] <-PC OWN [NAPLES ][FL] [34119][3956] FGN: COUNTRY ....... [ TRS>[48] [25] [22] [229900] <SCN LEGAL 1.[COLLTER'S RESERVE 2. [BLK B 3.[ MR- SALE 4. [ D[28]MY[1200]BK[2758]PG[2526]TR[ 0]$[ N 1.[ 062. [ T3.[ ^ ] [ WK-MDY 61501 BY KEY Esc Ex±t RES471 ] MSG TP> 01 [ B][ ] ] ] ][ ]<-LE ] < .... FGN MAILCD 42]<-BB LU FOR STRAP... BLOCK/LOT FOR SUBD BLDG/UNIT FOR CONDO PAR-NUM FOR ACRG 215,O00]V[V]VI[V]TD[WD ]NP[ 1]BY[ ] ] EXEMPT :FLAGS ] HX AX WX:SP HO SL IV ] [0][01[01[ ][ l[*][ ] ^ ^ ^ PG/[TM 9859 / 4 WW 24 EI 0000 EY O0 PN 00000000000 24 LU O0 EX 1 CF[ ] F1 Update ,,~_/7 ._ OCT 2 3 200! Date: 08/16,/2001 T±me: 10:15:26 FC [2 ] TYPE[U! TQ[ ] OWNER -2, '3, -4, FGN: CITY PR -5. US: CITY-ST-ZIP. ** NAME-LEGAL-NOTES INQ/ENTRY/CHANGE ** (N) ** OC NR] FOLIO [27185004645] ... ID--> [27185004645] [ - ADDRESS - ^ .... . ........ [U]<-TYPE (U F N) [FAUCONNEAU, GUY=& KITTY [1789 IVY POINTE CT [ [ [ [NAPLES FGH: COUNTRY ....... [ TRS>[48] [25] [22] [229900] <SON LEGAL 1.[COLLIER'S RESERVE 2.[BLK B CLOT 43 ~,~ 3.[ MR- SALE 4.[ B[25!MY[ 500]BK[2679]PG[2484]TR[ O]S[ OE2. [ T3.[ WK-MDY Esc Ex±t ^ 81800 BY KEY RES471 ] MSG ] (BUS H M ] DRWT X YZ) ] ] ] [JR] <-PC OWN ][FL] [34109] [3376] ] [ TP> 01 [ BI [ ] ] ] ][ ]<-LE ] < .... FGN MAILCD 43]<-BB LU FOR STRAP... BLOCK/LOT FOR SUBD BLDG/UNIT FOR CONDO PAR-NUM FOR ACRG 225,OOO]V[V]VI[V]TD[CORPD]NP[ 1]BY[ ] ] EXEMPT ;FLAGS ] HX AX WX:SP HO SL IV ] [0][0][0][ ][ ][*][ ] ^ ^ PG/ITM 9859 / 5 WW 20 EI 0000 EY O0 PN 00000000000 20 LU O0 EX 1 CF[ ] F1 Update Date: O? 'e 2001 Tlme: 10:15:36 OCT 2 3 200I ,.,.. I'-/-.. 94i5567708 JASSY PAGE 03 09/05/2081 13:42 ** NAME.LEGAL-NOTES INQ/ENTRY/OHANGE ** (N) ** FC [2 ] OC [NR] FOLIO [27185004661] ..- ID--> [27185004661] [ - ADDRESS - A .... . ........ [U]<-TYPE (U F N) TYPE[S] TQ[ ] OWNER [GAST, GAIL N ] (B U S H M -2. [268 LADUE LAKE DR ] D R W T X Y Z) RES471 ] USG -3, [ -4. [ FGN: CITY PR -5. [ US: CITY-ST-ZIP, [SAZNT LOUIS FGN: COUNTRY ....... [ TRS>[48] [25] [22] [229900]<SCN LEGAL 1 ~RVE MR-SALE 4. [ D[31]MY[ 300]BK[2657]PG[lg33]TR[ 0]$[ N 1.[ OE2. ~ T3.[ WK-MDY E$c Exit 50300 BY NLB ] ] 3 [[V] <-PC OWN lIMO] [63141][7452] ] [ ] < .... FGN MAILCD TP> 01 [ BI[ ] ] ][ ]<-LE 44]<-BB LU FOR STRAP... BLOCK/LOT FOR SUBD BLDG/UN~T FOR CONDO PAR-NUM FOR ACRG 224,000]V[V]VI[VlTD[WD ]NP[ 1]BY[ ] ] EXEMPT :FLAGS ] HX AX WX:SP HO SL IV ] [o][o][o1[ l[ )(*][ ] * PG/ZTM 9859 / 6 WW 20 E! 0000 EY O0 PN 00000000000 20 LU O0 EX I CF[ ] F1 Update Date' 08/1612001 T2me: 10:15:41 OCT ? 3 200! ,,._t_6 _ L FC 2 OC NR FOLIO 27185003756 STP~AP 2299000106 ORB/P 2754 / 1114 SALE DATE 14 1200 SAMT ACRES TRS-> 48 25 22 LEGAL-1 COLLIER'S RESERVE -2 TRACT 01-06 -3 -4 ID 27185003756 27185003963 OWNER> COLLIER'S RESERVE ASSOC INC 13A22 1055 CROSSPOINTE DR NAPLES FL 34110 CERT-00-VAL 0 LND $ 200 L-USE IMP $ MKT $ 2OO ASSD $ 200 CERTIFIED COLLIER COUNTY, FI, -TAX ROLL- 0930 AREA NA PRELIM-2001 200 200 200 CURRENT-EX-AMT HMSTD-X $ lOO%-X $ SR-X DIS-X BLD-X WID-X AG-X $ WH-X S Esc Exit $ $ MILL-CODE 169 MILL-RATE 13.8877 -2000- FINAL LOCATION F1 Update NA TAX_ABLE $ 200 200 CNTY $ S-SL $ S-LB $ CITY $ 0.71 MSTU $ 1.o3 WMB $ 0.51 ISD $ VADP $ ,12000 TAXES) TOTAL $ -CERTIFIED- 229900 0.17 0.12 0.23 0.01 2.78 RES477 OCT 3 2001 oo~.~ ~ ~_~3~0. c. !!.'dip:: i ij,:j |illt [ -i'tiJ{iJt "" :J.!i · [{{ [i! ,,,. ~ ,',": ~ 7 ~!il i :iiI i,: l~''' ,:~1. ' ,:-- [ ~ A ~E~CD~ I TE~ 200) {J ~TEMD.' /7 I') 200! Jassy Real Estate Investments, Inc. 895 Turtle Ct. e Naples, Florida 34108 Phone 1-941-592-0192 e Fax 1-941-566-7708 August 16, 2001 John Houldsworth Engineering Review Services 2800 N. Horseshoe Dr. Naples, Fl. 34104 re: vacation of 198.44' of a 10' public utili ,ty easement, lots 45, 46 "B" Colliers Reserve Dear John: Following is a request for a partial vacation of 10' public utility easement. Enclosed is the vacation of easement sketch and proposed site plan on our future home. Please sign below and remm to me in the enclosed envelope. Thank you for your help. Sincerely, John Jassv I kave no objection to the proposed vacation. Title Date John Houldsworth, Collier County Engineering Review Services ~ /7 l) OCT 2 3 2001 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 August 13, 2001 Jassy Real Estate Investments, Inc. 895 Turtle Ct Naples, FL 34108 Re: Collier's Reserve Lot 45 & 46 - REVISED Dear Mr. Jassy: i his office has re-rewewed your request to vacate the existing 10' utihty easement in front of your property. The Collier County Water-Sewer District does have facilities in the area, but do agree to the relocation of the fire hydrant and location of the grinder station as shown on your drawing, providing that you use a 4-inch connection to the force main, with a check valve located on the property line. We agree to the vacation of the rest of the easement. Should you have any further questions, please feel free to contact me. Sincerely, Barbara Olko Customer Service Rep. II CC: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development g:Xengineering tech\easement vacation\collier's reserve lot 45 & 46-revused 8-13-01 .doc OCT 2 3 200! FAi 941~G~770~ Jassy Real Estate Investments, Inc. 895 Tu~l~e Ct · N~, Florida ~4108 Phone 1-6z~1-,592-O1~. e F~x 1.941-566-7708 [~001,'~o2 Augast IT, 2001 Emie Rison, Cousum,a' P.,-oj e.~ .Manager Flor/da Pow~' md Light Company 26430 Old 41 Road Bonita Springs, Fl. 34135 re: vscation of 198.44' ora 10' public utility ~sement, lots 45, 46 ~B" Colliers Reserve D,ar Em/e: Following is a request for a partial vacation of 10' pubiic utility cas,merit. Enclosed is ~ vacation of ~s~nt skemeh and propos~,d situ plau on om'_ fum.,-~ home. ~"'~' iCp'pt~6hecl ·nd remm to me by fax. Thank you for yollr help. P lca'~.~s,~..~b~i°w / / OCT 2 3 2001 Sprint August 16, 2001 Mr. John Jassy Jassy Real Estate Investments, Inc. 895 Turtle Ct. Naples, ~=lorida 3.4108 RE: Petition to Vacate - 198.44' of 10' Public Utility Easement Lots 45, 46 "B" Colliers Reserve Sec 22 Twp 48S Rng 25E County-Collier Dear Mr. Jassy: Sprint-Florida, Inc. has no objection to your petition to vacate the easement described on the attached letter. If I can be of any further assistance, please contact me at 941-263-6215. Sincerely, Greg Winland Network Engineer I - E&C GXW;ns Attach. cc: Easement File Chron File AGENOA iTF_~ OCT 2 3 2004 (comcast 301 Tower Road Naples, FL 34113 Telephone: 941-732-3819 FAX: 941-992-1289 August 7, 2001 John Jassy 895 Turtle Ct. Naples, FL 34108 Re: Request for a Letter of Review and Recommendation on a Proposed Easement Vacation of the Following Location: 198.44' of 10' public utility easement, lots 45, 46 "B" Colliers Reserve. Dear Mr. Jassy, Comcast has no objection with the vacation of the above referenced vacation of easement. Sincerely, Scott Miller Design Coordinator SAM OCT 2 3 2001 TEL Jassy Real Estate Investments, Inc. 89~ '"%rt~e Ct ~, N~I~leI. F~oridl 34108 Phone 1.g4',.5tl2,.0192 ~' Fax 1.941-565-?,T08 August 16, 200 ! Collier's Rese~'e Home owners Association 1000 Ct osspoint¢ Dr. Nai~ies. Fl. 33942 re: vacalton of l.Olt JA' ,:i'zt 10' pubii¢ ufiliD' ¢~.$errtelll, lots 45.46 "B" Cotliem 'fo whom it may concern: ].'ol!o,.vinff. is a request for a partial vacation of 10' public utility easement. Enclosed is the vacation of eas~e~ ~¢~ch and pro~sed site plan or, Our ~a~ar¢ pl~se si~ b~icw a:~d remm ~o me. IZ~ you for yo~ help. I ha,'e ~ ,.ohjeot~)~ ~o ~c proposed vacation. -- . / ~ ./ ..-~ ./ ~ ' t ,.~-'g~~ Title p~ted / ~o._/7 OCT 2 3 200t ,q~---, Coned & FIRE PREVENTION BUREAU 780 Immokalee Road · Naples, Florida 34110 (941) 597-9227 · Fax (941) 597-3522 Rescule D seic{ Date: August 6, 2001 To2 From: Re: Jassy Real Estate Investments 895 Turtle Court Naples. FL 34108 Attn: John Jassy Fire Marshal Karl Reynolds Collier Reserve, relocation of hydrant. Dear John, I have reviewed the drawings you faxed over to me showing lots 45 and 46 and the current hydrant location. I have no problem with the hydrant being relocated in the area of the lift station as long as we have a three-foot clearance to the sides and to the rear of the hydrant and nothing obstructing the front of the hydrant to the roadway. As far as vaca(ing the easement, I do believe that I have already given a letter to the Collier County Building department stating that we have no objections. Your responsibility will be to contact us to inspect the restraints and proper installation of the fire hydrant. The only fees that you will be responsible for, to the North Naples Fire Control and Rescue District. will be the $23.00 restraint inspection and the $35.00 for the flow we will do after the relocation is complete. If you should have any other questions please call me at 597-9227. Sincerely, Karl K. Reyno Fire Marshal OCT 2 3 2001 2518770 OR: 2605 PG: 1813 IIC FI] RESOLUTION NO. 9~)..._~ RESOLUTION FOR PETITION VAC 99-011 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND TI~ PUBLIC'S INTEREST IN ROAD RIGl'fr OF WAY, BEING A PORTION OF TURNER PLACE, ACCORDING TO THE PLAT OF "COLLII~'S RESERVE", AS RECORDED IN PLAT BOOK 20, PAGES 59 THROUGH 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. 24.00 WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statute, Dominick J. Amico, Jr., P.E., A4~noli, Barber & Bmndagc, Inc., a.s a~nt for the petitioner, Collier's Reserve Ltd,, does hereby request th~ v-~-_ _-,rion ofth~ nmtl~rty pomco oftl~ pi~.,.,4 right of way for Turner Place, according to the plat of "Collier's P.~s~e", ~s record~l in Plai ~ 20, Pal~s 59 through 87, Public R~ords of Collier Coumy, Florida; and WHL=I~.AS, the Board has this day held a public hearing to consider vacating said nertherly portion of the right of wa~ for Turn~ Place, as more fully ~hed below, and notice of said public hearing to vacate was given as WHEREAS, tt~ granting of the vacation will not adv~'se, ly affect the ownenhip or nghl of con~nient ~___,y~s~_ NOW, THEREFORE, BE IT ~LVED BY THE BOARD OF COUNTY COMIvflSSIONERS OF COLLIER COUNTY, FLORIDA, that the Public's rights in the following road right of way is hereby vacated: See Exh~it =A" aflached l~to and incorpurated he..in. BE IT FURTHER RESOLVED, that the Petitioner ~ agr~xi to the terms of the later dated April 12, I f~m Cindy Erb, Public Works Engineering Technician, to Dominick J. Amico, P.E,, and the Board herei~y adopts said terms as stipulations to 0Us vacaUon. BE IT FURTHER RF_.SOLVED, that the Clerk lo th~ 13onrd is heni~y directed to advertise the ndoption of this l~soluUon once in a paper of general circul~ion in the Count~ within 30 days following its adoption. BE IT FURTHER RESOLVED, that ~ Clerk to the Board is h~'eby direcl~xl to record a cen~ed copy of ~is Resolution, the proof of publication of~ ~ of public hearing and the p~xff of p~lication oftI~ notice of ~loption This Resolution adopted a~er motion, second and majOnt~ vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLi UNTY ' PAMELA S. MAC'KIE. Chairwoman OCT 2 3 21 OR: 2605 ~: 1814 ~ ~A~ VAC 09,.011 EXECUTZVE SUMMARY TO ADOPT AN ORDINANCE ESTABLISHING STANDARDS FOR CREATZON AND REVIEW OF COUNTY BOARDS; PROVIDING DEFINTIONS; PROVIDING FOR CREATION OF NEW BOARDS; PROVZDZNG EXEMPTION; PROVIDING (~UALIFICATIONS AND RE(~UIREMENTS FOR MEMBERSHIP; PROVIDING PROCESS OF APPOINTI4ENT; PROVIDING TERMS OF OFFICE; PROVIDING ATTENDANCE RE(~UIREMENT; PROVIDING SCHEDULE FOR REVIEW OF BOARDS; AND REPEALING ORDINANCE NO. 86-41, AS AMENDED. RECOMMENDATION: That the Board of County Commissioners consider the adoption of an ordinance repealing Ordinance No. 86-41, as amended, and recreating standards for the creation and review of Advisory Boards. CONSIDERATIONS: Collier County Ordinance No. 86-41, also known as the "General Advisory Boards Ordinance," was adopted to establish general guidelines for the creation and review of advisory boards. This Ordinance has been amended by Ordinance Nos. 92-44, 98-46 and 2000-24. On September 11, 2001, the Board of County Commissioners requested an amendment to Ordinance No. 86-41, as amended, to allow certain members to serve simultaneously on more than two boards, l~n addition, the following changes are being presented for consideration: 1. Revise the exemption provision for ad hoc committees to include task force committees and to allow for the establishment of such committees by Resolution for a term not to exceed 3 years as opposed to I year; 2. update staff titles; 3. make the Ordinance more gender neutral; 4. provide exemptions to qualifications for membership when an Ordinance deems it necessary; 5. Remove the outdated advisory boards list and specify that the County Manager or his designee shall notify boards when they are scheduled for review; and 6. All references in the Code of Laws and Ordinances to Ordinance No. 86-41 and its amendments shall be changed to reflect the number assigned to this Ordinance. In addition, for clarification purposes, the Title to Section Four, Exemp~i°n~,~i~EI~1_ changed to "Exemption to Ordinance Requirement: Ad Hoc Committees ~lnd ~"~sk Fresca /~' /. OCT 2 3 2001 Committees." Executive Summary Page Two The purpose for revising the Ordinance is to consolidate all amendments into one general advisory boards ordinance. FISCAL :IMPACT: None GROV~r'H MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Coun.ty Commissioners adopt the attached Ordinance repealing Ordinance No. 86-41, as amended, and reestablishing the general advisory boards ordinance with proposed revisions. Prepared by: David C. Weigel County Attorney AGENDA ITEM,,., NO. / '7 ~ OCT 2 3 2001 p~. ~ 1 3 4 5 6 7 8 9 10 I1 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 ORDINANCE NO. 2001-~ ORDINANCE ESTABLISHING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS AND PROVIDING FOR A POLICY DECLARATION; PROVIDING DEFINTIONS; PROVIDING FOR CREATION OF NEW BOARDS; PROVIDING EXEMPTION; PROVIDING QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING PROCESS OF APPOINTMENT; PROVIDING TERMS OF OFFICE; PROVIDING ATTENDANCE REQUIREMENT; PROVIDING SCHEDULE FOR REVIEW OF BOARDS; PROVIDING FOR REPEAL OF ORDINANCE NO. 86-41, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Policy Declaration. It is hereby declared to be the policy of the Board of County Commissioners of Collier County, Florida, to promote economy, efficiency and improve service in the transaction of the public business by County Boards. Nothing in this Ordinance shall be construed to prohibit or restrict the County Commission from amending or abolishing, at any time, any Board currently in existence or thereinafter created. SECTION TWO: Definitions. The term "Board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, committee, task force or any other group created ~nd funded in whole or in part by the Board of County Commissioners. The term "Commission" is defined as the Board of County Commissioners of Collier County, Florida. SECTION THREE: Creation of New Boards. A. All Boards created after the effective date of this Ordinance shall be created by ordinance only, except for Ad-Hoc or Task Force Committees. Such ordinance shall set forth the Board's purpose; functions; powers; responsibilities; jurisdiction; membership requirements and restrictions; terms and conditions of appointment to and removal from the Board; and the specific staff support, if any, necessary to prepare an annual report, either oral or written, to be presented to the Commission. B. Prior to the advertised public hearing held for the adoption of said ordinance, the County Manager shall submit to the Commission a report setting forth following information concerning the proposed new Board: 1) Whether the establishment of the board will create sufficient betterment to the community to justify the Commission's delegation of a portion of its autllu, lt~GENDA ITEM 2) Whether another Board, either public or private, already in existencf, cq~OI. 1"/ ~-~ serve, or is serving the same purpose. / 0~T 2 3 200] E. No member of any County Board shall become a candidate for an political office and continue to serve on such Board during his or her candidacy any County Board member become a candidate for an elective political offi I 3) The costs, both direct and indirect, of establishing and maintaining the new ~~ Board. 3 4) Whether creation of the new Board is necessary to enable the County to 4 obtain state or federal grants or other financing. ~ $) Whether the Board should have bonding authority. 6 6) Whether creation of a new Board is the best method to achieve the benefit 7 desired. 8 SECTTON FOUR: Exemption to Ordinance Requirement: Ad Hoc Committees 9 and Task Force Committees. lO 11 The Commission may, by resolution, appoint an Ad-Hoc or Task Force Committee 12 for a specific project, if the duration of the Committee does not exceed three (3) years ] 3 duration. The resolution must set forth the duties and responsibilities of the Committee 14 and contain language that automatically dissolves the Committee within the specified I _~ year from the date of adoption of the Committee members by the Commission. 16 SECTION F]:VE: Qualifications and Requirements for Membership on Boards. 17 A. All members of County Boards shall be permanent residents and electors of I8 Collier County and should be reputable and active in community service. The foregoing I c) requirement may be exempted, however, if an ordinance creating a board specifies the 20 need for membership outside Collier County's boundaries. :In addition, all Board 21 members should have demonstrated an interest in the activity or service, which is the 22 purpose of the Board. The provisions of this paragraph may be exempted, however, if 23 an ordinance creating a board specifies the need for membership outside Collier 24 County's boundaries. 25 B. Any member of a County Board who ceases to be a resident of Collier County 26 during his or her term of office shall immediately advise the Commission of such change 27 in status. Upon such notice, the Commission shall declare the position to be vacant and 28 shall promptly fill same pursuant to the provisions of Section Six, herein. 29 C. The Commission's primary consideration in appointing Board members shall be 30 to provide the Board with the technical, professional, financial, business or 3] administrative expertise necessary to effectively accomplish the Board's purpose. 32 Categories of expertise referenced by County Boards' Ordinances as qualifications for 33 Board membership are considered to be primarily directory and not mandatory. 34 D. No person shall serve on more than two County Boards simultaneously, ff 35 application is made for service on a third Board, the applicant must resign 36 simultaneously from one of his or her current Board positions, or the application for a 37 third Board shall be disqualified. This provision, however, may be waived to allow for 38 service on additional Boards provided the Commission votes unanimously to waive such 3g provision. 4O 41 42 eled~I~..NDA ITEM/. Shied / ? :e, s CT 2 3 2001 ! candidacy shall be deemed a tender of resignation from such Board and the Board shall 2 immediately advise the Commission in writing of said resignation. The Commission 3 shall deem the position vacant upon receipt of written notice of said resignation. The 4 Board member shall not serve at any meetings after his or her position becomes vacant .5 pursuant to this Ordinance. 6 F. The commencement of a legal challenge by a Board member as a plaintiff in a 7 lawsuit against Collier County shall constitute a conflict of interest with Collier County g and shall be deemed a tender of resignation from such Board. The County Board 9 member's position shall automatically be considered vacant and the Commission shall 10 promptly fill same pursuant to the provisions of Section Six, herein. 11 G. No member of any County Board, as defined herein, shall print or create, or 12 have printed or created, or use or distribute any business or informational card 13 depicting the County logo or in any way representing such Board member as a 14 representative of Collier County or as a County Board member. The County Manager or t5 his or her designee may, upon request and prior approval in writing, authorize the 1(~ County Board members to obtain a County photo identification card identifying such 17 members as a County advisory Board member. 1 ~ SECTION SI~X: Process of Appointment. lo A. Vacancies occurring on any Board shall be publicized, but need not be 20 advertised, in a publication of general circulation within the County, and vacancy 21 notices are to be posted in the County libraries and the County Government Center. 22 B. Prior to making appointments to Boards, staff shall provide the Commission 23 with a list outlining the qualifications and demographic background of each candidate 24 for Board membership, along with a list detailing the qualifications and demographic 2_~ backgrounds of present members seeking reappointment on each board to which an £(~ appointment is being made. 27 SECT:ION SEVEN: Term of Office. 2g A. Terms of office shall be staggered. 29 B. Terms of office for Board members shall be limited to two consecutive terms of 30 service on any one Board; provided, however, that appointment of a Board member to 31 an initial term of one year shall not be considered a "term of office" for purpose of the 32 limitations set forth in this Section, and such members shall be entitled to serve two 33 additional terms if so appointed. 34 C. Appointments to fill a vacancy for the remainder or balance of a term of office 35 shall be considered a term of office for the purpose of the limitations set forth in 36 Section Seven B, above, only if the remainder of the term to be served exceeds fifty 37 percent (50%) of the full term. 3g D. By unanimous vote of the Commission, the limitations set forth in Section 39 Seven B above may be waived. 4o E. Nothing set forth in this Section shall prohibit any individual fro 4t reappointed to a Board after a hiatus of two (2) years. AGENDA ITEM~ OCT 2 3 2001 pg. I F. All members of Boards created by the Commission shall serve at the pleasure of 2 the Commission and may automatically be removed by a majority vote of the quorum of 3 the Commission. 4 SECTZON EIGHT: Attendance Requirement. 5 It is the intent and strong desire of the Commission that there be full attendance of 6 advisory Board members at all meetings of the Boards, recognizing, however, that it ? may be necessary for Board members to be absent from a meeting due to unusual or g emergency circumstances. Nevertheless, full attendance at Board meetings is g encouraged and necessary for the proper operation of the Boards and in furtherance 10 thereof the following requirements are established: 11 A. Any Board member who is absent for more than one-half of the Board's 12 meetings in a given fiscal year shall be deemed to have tendered his or her resignation 13 from such Board. The Commission shall, as soon as practicable after such resignation, 14 declare the position to be vacant and shall promptly fill same pursuant to the provisions 15 of Section Six herein. The Board members shall not serve at any meetings after his or 16 her position is declared vacant by the Commission. I? B. In the event that any Board member is absent from two consecutive meetings 1;~ without a satisfactory excuse acceptable to the Board chairperson, the Board Ic) chairperson shall state such fact at the next regularly scheduled Board meeting and 20 shall thereafter notify, in writing, the Executive Manager to the Commission of the 2] Board member's failure to attend without a satisfactory excuse. The Commission shall 22 review the Board chairperson's notification at the Commission meeting and shall declare 23 the Board member's position to be vacant if the Commission concurs that the Board 24 member was absent from two consecutive Board meetings without a satisfactory 25 excuse, and shall promptly fill same pursuant to the provisions of Section Six herein. 26 The Board member shall not serve at any meetings after his or her position is declared 27 vacant. 2~ C. A member of a Board shall be deemed absent from a meeting when he or she is 2o not present during at least seventy five percent (75%) of the meeting. 30 SECTION NINE: Review of Boards. 3] Each Board shall be reviewed in the following manner: 32 A. All Boards shall be reviewed every four (4) years from the year the Board was 33 first established. 34 B. The County Manager or his designee shall provide notice to the Board prior to 35 its date of review. On or before January 15th of the year in which a Board is to be 36 reviewed, its Chairperson shall submit to the County Manager a report setting forth the 37 following information regarding the Board: 3~ 1.) Whether the Board is serving the purpose for which it was created. 39 2.) Whether the Board is adequately serving current community needs. J ,, 40 3.) A list of the Board s major accomplishments for the preceding twelv~ I 4 ] period. i AGENDA ITEM ~_~ mc~il~ /7 . OCT 2 3 2001 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 30 40 4.) Whether there is any other Board or agency, either public or pdvate, which is serving or would better serve the purpose for which the Board was created. 5.) Whether the ordinance creating the Board should be amended to allow the board to more adequately serve the purpose for which it was created. 6.) Whether the Board's membership requirements should be modified. 7.) The cost, both direct and indirect, of maintaining the Board. C. On or before February 15th of the year in which a Board is to be reviewed, the County Manager shall deliver to the Commission the report submitted by the Chairperson of each Board, pursuant to Section Nine (B) of this Ordinance, together with any recommendation or comments the County Manager may have. In order to assist the County Manager and the Commission in the evaluation of the Chairperson's report, the County Manager and Commission may review applicable minutes of meetings of the Boards. All Boards shall be required to forward the minutes of all Board meetings to the Commission in a timely manner. D. During March of the year in which a Board is to be reviewed, the Chairperson shall make an oral presentation to the Commission. Said presentation shall be based upon the report submitted to the County Manager pursuant to Section Nine (B) of this Ordinance. At the conclusion of said oral presentation any Commissioner may request the formation of a subcommittee consisting of three (3) members of the Commission. Said subcommittee shall evaluate the Chairperson's report, the County Manager's recommendations and any other information it deems relevant to determine whether the Board shall continue in its present form. The subcommittee shall report to the Commission not later than within ninety (90) days after their initial meeting. E. At the conclusion of this review process, the Commission shall determine whether to abolish, continue, consolidate or modify the Board for the ensuing four years. SECTION TEN: Repeal of Ordinance No. 86-41, As Amended. Collier County Ordinance No. 86-41, as amended by Ordinance No. 92-44, 98-46, and 2000-24, is hereby repealed in its entirety. SECTION ELEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent, jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWELVE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and. the word "ordinance" mi ~y I~GENDAITEMF~ NO. /7 ~ changed to "section," "article," or any other appropriate word. All references n the 0CT 2 3 2001 Code of Laws and Ordinances to Ordinance No. 86-41 and its amendments shall be changed to reflect the number assigned to this Ordinance. SECTION THIRTEEN: Effective Date. This Ordinance shall become effective upon receipt of notice from the. Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of Counb/Commissioners of Collier County, Florida this __ day of October, 2001. lO Il 1_.2 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 20 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: By:. Deputy Clerk JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: County Attorney h:public/kay/ordinances AGENDA ITEMr NO. 1 7 <"-"' OCT 2 3 2001 Pg. D EXECUTIVE SUMMARY PETITION CU-2001-AR-1105 LODESTAR TOWER INC., A SPECTRASITE COMPANY REPRESENTING FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REQUESTING A CONDITIONAL USE FOR COMMUNICATIONS TOWER ON A PARCEL OF LAND ZONED "CON/ACSC/ST" CONSERVATION FOR A PROPERTY LOCATED ON THE SOUTH SIDE OF 1-75, APPROXIMATELY 50 MILES EAST OF COLLIER BOULEVARD (CR-951) ON INTERSTATE 1-75, IN SECTION 1, TOWNSHIP 50 SOUTH AND RANGE 34 EAST (MILE MARKER 51.2). THE SITE CONSISTS OF $,740 SQUARE FEET. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a Conditional Use permitting a communications tower in the "E" Estates zoning district while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting a Conditional Use for a communications tower with an overall height of 240 feet, per Section 2.6.35. of the Land Development Code for an "CON/ACSC/ST" Conservation zoned property within the 1-75 ROW. The conditional use will enable the Florida Department of Transportation (FDOT) to operate the Sunpass and Intelligent Transportation System (ITS) programs. The ITS includes a variety of components such as real-time traffic data collection and variable message signs. The variable message signs provide motorists with information regarding a variety of roadway conditions such as congestion, detours, maintenance and construction work sites and roadway status. The tower will also accommodate several future cell-phone antennas. On June 14, 2000, the Land Development Code was amended to provide for four (4) towers within the 1-75 r.o.w, in Collier County for the FDOT to accommodate their Intelligent Transportation System designed for all interstates within the State of Florida. FISCAL IMPACT: This petition is for a communications tower for the State of Florida, and as such, it is exempt from any impact fee payment. I't is not anticipated that the addition of this tower thc. site will have any negative fiscal impact for the County. GROWTH MANAGEMENT IMPACT: The subject property is designated Conservation and is within an ACSC overlay as identified on the Future Land Use Map of the Growth Management Plan. This designation permits non-residential uses including conditional uses and essential services. 0CT2 200 i The LDC was amended on June 14, 2000, (Ordinance 2000-43) to add Section 2.6.35.7. pertaining to communications towers in the Alligator Alley (I-75) right-of-way. This Section of the LDC was further amended, as was Section 2.6.35.6.3. on December 12, 2000 (Ordinance 2000-92). This Conditional Use application is submitted pursuant to Section 2.6.35. of the LDC. ENVIRONMENTAL ISSUES: This petition was reviewed by the Environmental Staff of Current Planning Section. Their stipulations were added to the resolution of approval. Furthermore, since there were no environmental concerns with this site, this project did qualify for exemption from the EAC review. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment was required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2001-AR-1103 on October 4, 2001 and by a unanimous vote recommended that the Board of Zoning appeals approve this petition. STAFF RECOMMENDATION: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for approval PREPARED BY: I ! CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: .,/~USAN MURRAY, AICP CURRENT PLANNING MANAGER 2 DATE THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOHN]M. DUNNUCK, III, INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 3 OCT 2 3 200~ AGENDA ITEM ~-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 13, 2001 RE: PETITION NO: CU-2001-AR-1105 OWNER/AGENT: owner: Florida Department of Transportation (FDOT) CIO Lodestar Tower Inc., A Spectrasite Company 218 US Highway #1, Suite 300 Tequesta, FL. 33469 Agent: Lodestar Tower Inc., A Spectrasite Company 218 US Highway #1, Suite 300 Tequesta, FL. 33469 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for a communications tower on a parcel of land zoned "CON/ACSC/ST" Conservation. GEOGRAPHIC LOCATION: The subject property is located on the south side of 1-75, approximately 50 miles east of Collier Boulevard (CR-951) on Interstate 1-75, in Section 1, Township 50 South and Range 34 East (Mile Marker 51.2). The site consists of 3,740 square feet. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting a Conditional Use for a communications tower with an overall height of 240 feet, per Section 2.6.35. of the Land Development Code for an "CON/ACSC/ST" Conservation zoned property within the 1-75 ROW. The conditional use will enable the Florida Department of Transportation (FDOT) to operate the Sunpass and Intelligent Transportation System (ITS) programs. The ITS includes a vadety of components such as real-time traffic data collection and vadable message A~A iTF~ OCT 2 3 200 - 1 - ~'g L 28 INTERCEPTOR signs. The variable message signs provide motorists with information regarding a variety of roadway conditions such as congestion, detours, maintenance and construction work sites and roadway status. The tower will also accommodate several future cell-phone antennas. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North East South West -Interstate 75 ROW. -Interstate 75 ROW. - Interstate 75 ROW. -Vacant, zoned CON/ACSC/ST - Interstate 75 ROW. GROVVTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Conservation and is within an ACSC overlay as identified on the Future Land Use Map of the Growth Management Plan. This designation permits non-residential uses including conditional uses and essential services. The LDC was amended on June 14, 2000, (Ordinance 2000-43) to add Section 2.6.35.7. pertaining to communications towers in the Alligator Alley (I-75) right-of-way. This Section of the LDC was further amended, as was Section 2.6.35.6.3. on December 12, 2000 (Ordinance 2000-92). This Conditional Use application is submitted pursuant to Section 2.6.35. of the LDC. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: Ingress and egress to the site will be 1-75. The ITE Trip Generation manual indicates that this site will generate 5 to 10 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). Conservation Element: This petition was reviewed by the Environmental Staff of Development Services and found to be consistent with the Conservation Element of the GMP. OCT ?. 3 200! STAFF ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "CON" and is located within the 1-75 ROW. Communications towers are permitted as Conditional Use within the 1-75 corridor provided they are being used mostly for governmental purposes. The subject property is designated Conservation on the Future Land Use Map of the GMP. This tower will mostly be used by the FDOT, FHP and the Collier County Sheriff's Office. Excess capacity will be leased to private telephone companies. Con: None. Summary Conclusion (Findings): The use in question is permitted within the 1-75 ROW. This request is deemed to be consistent with the requirements of the Growth Management Plan. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: The tower site will be accessed from Interstate 1-75. Con: N/A. Summary Conclusion (Findings): Adequate ingress and egress to the site will be provided from 1-75. 3 OCT 2 3 200~ ' I The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects: Pro: Neighboring properties are mostly undeveloped. This tower should have minimal impact on neighboring properties. Con: This tower will be visible from some distance and some people may consider this visual degradation of the area. Summary Conclusion (Findings): The proposed tower will not generate any noise, dust, glare or odor in the area. Compatibility with adjacent properties and other property in the district. Pro:.. This property is surrounded on all sides by vacant properties. Con: N/A. Summary Conclusion (Findings): The Parcel in question is surrounded on all sides with vacant properties. The existing site is within the Interstate 75 right-of-way. The erection of this tower within the 1-75 ROW should not have a major effect on the' compatibility of the existing land uses of this site with adjacent properties. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2001-AR-1105 to the BCC with a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: SOSAN MURRAY, AICP CURRENT PLANNING MANAGER -4- DATE ,?r'HOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOHN M. DUNNUCK III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: CU-2001-AR-1105 Staff Report for October 4, 2001 CCPC meeting. COLLIBL~ COUNTY PLANN JOYCEAIX~NA J.'RAOTIO, C ?G COMMISSION: ~IAIRMAN -5- OCT 2 3 200! RESOLUTION NO. 01- A RESOLUTION PROVQ3ING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A COMMUNICATIONS TOWER IN THE "CON/ACSC/ST' ZONING DISTRICT PURSUANT TO SECTION 2.6.35.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 34 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 6%1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an essential services conditional use pursuant to Section 2.6.35.7. in a "CON/ACSC/ST', Conservation Zoning District with Area of Critical State Concern and Special Treatment Overlay for a communications tower with a maximum height of 240 feet on the property hereinafter described, and has found as a matter of fact (Exhibit 'A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Lodestar Tower, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for an essential services conditional use pursuant to Section 2.6.35.7 in a "CON/ACSC/ST', Conservation Zoning District with Area of Critical State Concern and .~-.~ Special Treatment Overlay for a communications tower with a maximum height of 240 feet in accordance with the Conceptual Master Plan (Exhibit "C') and subject to the following conditions: OCT 2 3 2001 Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2001. BOARD OF ZONING .APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: Marj oridJM. Student, Assistant County Attoney CU-20OI-AR-I 1051CB/qo -2- OCT 2 3 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section 2.6.35.6.3. of the Land Development Code authorized rthe conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Based on the above findings, stipulations, (copy attached) approval Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No this conditional use~ with (should not) be recommended~or ~ . EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-200iLAR-1105 The following facts are found: Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Bo C o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No Affects neighboring properties in relation to noise, gla~e, economic or odor effects: Nj No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes Vz No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ~. ~/~~ DATE: EXHIBIT "A" OCT 2 3 200 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section .2.6.35.6.3. of the Land Development Code authorized'the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ .. No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No ~ Based on the above findings, th~]__C_Q~ditional use should, with stipulations, (copy attached) ~houl~not) be recommended for approval ~~ DATE: ~o~! O~ CHAIRMAN:~~ EXHIBIT "A" AC~_NO A ~I~3~ 200 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingre~ & egress Yes u' No C ° Affect/s neighboring properties in relation to noise, glare, economic or odor effects: J No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use with~ district Yes ~ No Based on the above findings, this conditional use should, with stipulations, {~p. py~attached) (should not) be recommended for approval DATE: /~)~/ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section __2.6.35.6.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress/~ egress Ye s ~-' No C. Affects neighboring properties in relation to noise, glare, economic or odor/effects: No affect or c/Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in' the district: Compatible use withi~/~istrict Yes ~/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: /0 - ~ o/ -~: EXHIBIT "A" 0CT23 2OO FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Management Plan: Yes ~ No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in/case of fire or catastrophe: Adequate ingr~&~egress Yes No Affects/heighboring properties in relation to noise, glar~, economic or odor effects: ~,/ No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: ~ Compatible use within~trict Yes &/ No Based on the above findings, stipulations, (copy attached) approval DATE: ! ~/~/0 ! thi~_~cc.~itional use should, with ~hould~ ~) be r~mmended for EXHIBIT "A" OCT 2 3 200 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section 2.6.35.6.3- of the Land Development Code authorized----the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ',! No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, gl~e, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, this conditional u.~e shoul~d~ with stipulations, (copy attached) (should not) be rec~ for approval h~%c%j } ~! ~ . DATE: /~/ ~/ o / EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CI3-2001-AR-1105 The following facts are found: 1. Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes / No B 0 Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress& egress Yes ~ No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: ~/ No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval Collier County For Lodestar Site 11006 1-75 MM 51.2 Alligator Alley SURVEYOR'~ REPORT SPECIFIC PURPOSE ~URVEY " FOR LODEBTAR TOWER~, INC. OF THE TOlfER BITE AT INTERSTATE ROUTE 7S REST MILE MARK ~1,~ I$1TE I-7~ MM ~1.~ COLLIER COUNTY, FLORIDA All thot Iot. piece or porcel of Iond s;tuote, lying oncl being ;n Sect;on 1. To.ship $0 South. Ronge ~ £olt. Collier C~nty. F'iori(Jo, the some beirt9 o port$on of the oreo commonly known os interetote Route 75 ot Mile Mork 51.2 (Coil;et County} on(l more portlculorly clescrlbed by metes oncl bounds os follows, viz.: BEGJN ot the most Southeosterly Corner of the Subject Property, hov;n9 for itl coorclinote! o Northing of 668271.98 feet ond on Eost~g of 695883.01 feet (The Preceding oncl follow;rig coorClinote volues being hosed on the North Americon Dotum (NAD) 1983/1990 ocljustment for the Stole Plone Coordinote System of the Flor;do £oet Zone.:); th~ce $86'46'4.0'W olong the Southerly Boundory Line of the Subject Property for 110.00 leer to the molt Southwesterly Corner of the Subject Property. boring for its coorcHnotes o Northtn9 of 668269.64 feet (]nd on £osting of 693788.04 leer; thence N01'13'20'W oiOng the westerly Boundory Line of U~e Subject Property for 34.00 feet to the molt Northwesterly Corner of the Subject Pr(x)erty, hovin9 for itl coorclinotes o Northing of 6613303.6.3 feet ond on [ostin9 of 695787.31 feet; thence N88'46'40'[ oion9 the Northerly Boundory Line of the Subject Property [or 110.00 feet to the most Northeosterly Corner of the Subject Prooorty, ho~n~q .for its. coordlnotes o North;rig of 668306.00 feet ond on F'Olting of 693697.29 feet; Ihence SO1'1:3'20'E olong the Eosterly Bouhdory Line of the SuI~jeCt Property for 34.02 feet to the POINT OF BE:GINNING. S(~li4 Porcel contoin$ .3,740 squore feet or 0.09 ocre~ more or lelS. by colculotion ...... . .- . 215 US I-lighway 1 Suito 300 OCT Tequesta, FL 33469 (561) 748-9300 Ext. 29 o~ ~ EXHIBIT "]9" CU-2001-AR-1105 II Ii OCi Z 3 200~ 1-75 MM 51.2 - L28 CANAL SITE DETAI~.S CONDITIONS OF APPROVAL C U-2001 -AR-1105 This approval is conditioned upon the following stipulations: The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). An Special Treatment (ST) Permit shall be approved prior to the final SDP approval. EXHIBIT "D" CU-2001-AR-1105 LodeStar Telecommunication Tower #11006 Project #2001060059 Date: 7/2/01 APPLICATION FOR PUBLIC HE~G FOR; CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address Tequesta City Applicant's Telephone # Name of Agent Agent's Mailing Address City Agent's Telephone # Agent's E-Mail Address: Lodestar Towers, Inc. A Spectrasite Company 218 US Highway 1, Suite 300 FL 33469 State Zip (561) 748-9300 Fax# (561) 748-9381 Fh~n State Zip Fax # COLLIER COUNTY COlVlMUNITY DEVELOPMEN'I[ PLANNING SERVICES/CURRENT PLANNI~G~ 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-~968 ! APPLIqA'IION FOR PUBLIC SEARING FOR CONI)mONAL USE - 0Zt2000 ~PAGE 2 OF 16 Complete the following for all Association(s) affiliated with this petition. · sheets if necessa.ry) (Provide additional Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State ,.. Zip Name of Homeowner Association: Mailing Address City State Zip.~ Name of Master Association: Mailing Address City State Zip Name of Civic Association: ~, ~.,m.~ ~, Address CiD' _ State ,. Zip o Disclosure of Interest Information: 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 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02J200~., If the prop~'y is owned by a CORPORATION, list the officers and stockhold~srs and the percentage of stock owned by each. Name, Address and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0~d2000 Percentage of Owner-~hip P/ OCT 2 3 200! Date of Contract: If any contingency clause or contract terms involve additional parties, individuals or officers, ifa corporation, partnership, or trust. Name sad Address list all Date subject property acquired () leased ~: 3/25/9~ennoflease 30 If, petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behal~ to submit a supplemental disclosure of interest form. Detailed legal description of the orooert~ covered by the aoiffication: (If space is inadequate, attach on separate page.) If request involves change to mo~ th~.n 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~at~lication meeting. NOTE: The applicant is r~sponsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 1 Township: 5 0 South Collier County, FL Lot: Block: Subdivision: Range: 34 East .. Plat Book.~ Page #: Metes & Bounds Description: Property I.D.#: SEE LEGAL DESCRIPTION Size of nro~ertw; 34 f~xl lO ~=ToIalSq. FL3,740 A~8 Addr~nenernl location of subject orot~ert~; 1-75 Mile Post 51 .2 Site located on the South side bound lanes on the south side of the DOT Right-of-Way. APPLiCA~ONI~ORPUBLICH£ARINGFORCONDITIONALUSE-0~00~' existing DOT fence with ~he ', ; 200! _Adjacent zoninR and land use: Zoning N S E W Conservation Conservation Conservation Conservation Land use Conservation Conservation Conservation Conservation Does property owner own contiguous property to the subject property7 If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Block: Subdivision: Lot.' _ Plat Book Page #: Metes & Bounds Description: Property I.D.#: FDOT owD.$ adjacent 1-75 right-of-way 2.6.35.6.1 Type of Conditional Use: This application is requesting conditional use # of the district forcn~soF~ telecommunication tower Conservation Present Use of the Prop~y: v a c a n t Evaluation Criteria.' Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Sect/on 2.7.4. of the Collier County I.~nd Development Code, S~_nt~S recommendation to the plm~ning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if anY, ha that further, satisfactory provision and arrangement have been made com~nin___g__t.t.t.t.t.t]~ Please provide detailed respons to each of the' following matter~, where applicable. APPLICATION FOR PUBLIC HEARING ~'0R CONDITIONAL USE - ~riterion lis~ed below. Specify how and why the request is consistent with each. (Attnch additional l~nges as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with thc applicable section or portions of the future land use clement):. Please see attached Supplemental Materials Pages o Describe the existing or planned means of Egress and egress to the property and proposed structure thereon w/th particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: request. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 01/2000 Please provide any additional information which you may feel is relevant to this 2 Lodestar Conditional Use Application - Supplemental Materials Collier County Site 11006 Application Item 2. Disclosure of Interest Information The subject property is 1-75 fight-of-way owned by the Florida Department of Transportation, an agency of the State of Florida. Application Item 8. Evaluation Criteria 8a. Describe how the project is consistent with the Collier County Land Development Code and growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): /he applicant proposes to construct a telecommunication tower on the subject site. The primary, purpose of this telecommunication tower is to provide the infrastructure necessary for the Florida Department of Transportation to operate the Sunpass and Intelligent Transportation System (ITS) programs. Attachments are provided that provide additional details concermng these programs. The ITS includes a variety of variable message signs provide motorists with dynamic information regarding a variety of roadway conditions such as congestion, detours, general guidance information, maintenance and construction work sites, and roadway status. The Sunpass system, and electronic toll collection system, reduces congestion at toll booths. The tower will also accommodate the collocation of private telecommunication antennas. The subject property is zoned Conservation and is designated as Conservation on the Collier County land use plan map. In December of 2000, the Collier County Board of County Commissioners adopted Ordinance No. 2000-92 amending the Collier County Land Development Code. As part of this Ordinance, Section 2.6.35.7 was amended to permit telecommunication towers subject to conditional use permit. There are currently gaps in cellular coverage along 1-75 as well as a lack of telephone line service. The installation of the proposed tower and antennas will provide the essential dial tone service required for the improvement of cellular coverage and communication for essential services provided by the government agencies to the residents of Collier County. In addition the tower is an integral component of the Sunpass and ITS. These programs provide an essential service by improving the s~£ety and efficiency of the Interest highway system. The proposed facility will not place any demands on the County infrastructure system. Therefore, the tower is consistent with the Collier County Comprehensive Plan and Growth Management Plan. · he existin or lanned means of ingress and egress to the prgl~:~_~nd,, .,~ . b. Describe t g P . ~ .... ~ proposed structure thereon with particular reference to automot,ve and i~ede~i~f'~t~t /7 .L..~ safety & convenience, traffic flow and control, and access in case of fire or catastrophe: In order to protect the public, there will be no pedestrian access to the site, This site is proposed to be an unmanned telecommunication facility. Vehicular access to the site will be limited to service personnel who would visit the site to perform routine maintenance and service. Therefore, the proposed development plan does not raise any issues regarding traffic flow or control. There will be no paved access to the site per FDOT requirements. Access to the site will be over grass. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The improvements proposed for this site include a telecommunication tower, antennas and equipment buildings. The operation of this use will entail limited human and mechanical activity on the site. Therefore, the proposed use will not create any nuisance to the surroundin~ area including noise, glare or odor. There are gaps in telecommunication cover area along the 1-75 corridor. Therefore, additional telecommunication towers are required in this area to provide service to the residents, commuting public and governmental agencies in Collier County. This tower will accommodate collocation of private communication antennas. Therefore, this tower will help to reduce the proliferation of towers in the area. d. Describe the site's and the proposed use's compatibility with the adjacent properties and other properties in the district: The subject site and surrounding properties are zoned Conservation. This site and those properties immediately adjacent to the site are owned by FDOT for the 1-75 right-of-way and would only be developed with transportation related uses. The telecommunication tower proposed on the site will improve the safety and efficiencyofthe 1-75 corridor as part of the FDOT Sunpass and ITS programs. This use is consistent and compatible with the I-75 transportation corridor. e. Please provide any additional information, which you may feel, is relevant to this request. Attached find the following documentation to demonstrate compliance with the criteria in Section 2.6.35.7 of the Collier County Code: Six Mile radius map reflecting the existing towers within the effective radius. r~ ' ~ ...... '- :--~:~tin- that due to public s~ety, r~ Corresvondence trom tJene ~jlotzoacn mmda ~ ,~_i,7,~ ~,,,~ . . nd a~cess issues, the FDOT has determined that it is impracti< al to emergency a . . . collocateits antennas on ex~mng privately owned towers. OCT [] Signed and sealed plans include notes on pages C 1 and C2.1 regarding compliance with applicable federal, state and local codes and ordinances including FAA and FCC regulations. Collier County For Lodestar Site 11006 1-75 MM 51.2 Alligator Alley SURVEYOR'S REPORT SPECIFIC PURPOSE SURVEY FOR LODESTAR TOWERS, INC. OF THE TOWER 81TE AT INTERSTATE ROUTE 78 REST Idle MARK 61.2 ISITE 1-75 MM 51.2) COLLIER COUNTY, FLORIDA All that lot, piece or parcel of land situate, lying OhO being Section 1. Townsl~ip 50 South. Range 3~, {:pst, Collier County. Florida, the some being a portion of the oreo commonly known os Interstate Route 75 pt Mile Mark 51.2 (Collier County) and being more particularly clescribed by metes and bounds as follows, viz.: BEGIN pt the most Southeasterly Corner of the Subject Property, hay;rig for its COOrclin0tes O NOrthing of 668271.98 feet and on Eosting of 695883.01 feet (T~e Preceding oncl follow;rig coordlnote values being based on the North American Datum (NAD) 198`3/1990 adjustment for the State Plane Coordinate System of the FIo~qdo East Zotte.); thence $~8'46'4.0"W along the Southerly Boundary Line o( the Subject Property for 110.00 feet to the most Sout~weste~y Corner of the Subject Property, having for its coordinates o Northing of 668269.64 feet end on Easting of 695788.04 feet; thence N01'1`3'20'W along Uae westerly Boundary Line of the Subject Property for 54.00 feet to the most Northwesterly Corner of the Subject Property. laovin9 for its coordinates a North~ng of 668305.63 feet and on Eostlng of 695787.31 feet; thence NBB'46'40'E otong the Northerly Boundary Line of the Subject Property for 110.00 feet to the most Northeasterly Corner of the ~bject Prope,'ty. I~o~ing for its coordlnotes a Northing of 668506.00 feet and on £osting of 69,3897.29 feet; thence SO1'13'20'E along the Eoste~'ly Line of the Subject Property for .34.02 feet to the POINT OF BEGINNING. S~[id Parcel contains 5.740 square feet or 0.09 le~s, by calculation. Scott Gustafson Spectrasite Communications 218 US Highway 1 Suite 300 Tequesta, FL 33469 (561) 748-9300 Ext. 29 OCT 2 3 200: BUSH GOYERFIOR Florida Department of Transportation THOMAS R BARRy, JR. SECRETARY June 15,1999 SUBJECT: Leasing of DOT Sites for Commercial Wireless Facilities - Lodestar/Florida Department of Transportation 30-Year Agreement To Whom It May Concern: This correspondence is to let you know about the Florida Department of Transportafion's 30-year contract with Lodestar Towers, Inc. to develop wireless facilities within the Department's rights-of-way. This contract was executed by the Department on March 25, 1999. It will be Lodestar's responsibility to identify, inventory, coordinate, advertise, market, and negotiate wireless sites to the wireless industry for over 2,000 miles of the Department's limited access fights-of-way. Lodestar's principal responsibility will be to represent the Department's interests as a wi.~less general manager in these wirel~ endeavors. This contract is being admlni~ered by Lode.stags Project Manager, Mr. Dale Perryman, who may be reached m 218 U.S. Highway #1, Suite 300, Tequesta, Florida, 33469 or by telephone at (561) 748-9300. Mr. Perryman's fax number is (561) 748-8555. Please do not hesitate to contact me if you should have any que.,~tions about the Florida Department of T~rtation/Lodestar Towers, Inc. contract, or Mr. Pen'yman if you should have any que~ion~ about wireless sites. ITS Director Florida Department of Transportation - Tum~ike District CHC/er Turnpike Dl.trict * 1211 Governor's Square Boulevard, Suite 100 · I Tallahane.. Florida 3:L101 OCT 2 3 200~ · (8S0) 921.09~3 01.~'10/00 ~ION 1.6:20 FA,'I 95,1 ~1002 $..z, rov. ev19~9 Volum~ 1, Isle 2 Traffic Management Centers on drawing board In the world of Intelligent Transportation Systems (ITS), Traffic Management Centers (TMC) are to trsfSc engineers what NASA's M~sion Control is to sat~onauts -- the nerve center · A~ ITS moves [rom the concep~al phase to implementation in Souds Florida, a n,,mber of ~ransportation agencies have TMCs on the drawing boarck FDOT's Distxi~ Four plamxing a ~o. story TMC on Commerc3'sl Boulevard in For~ Lauderdale where YDOT and Broward County Traffic Engineering will be co- located. The project will be funded with federal, state and county dollars and is targeted to be operational in 2005. FDOT is considering building a~ in.rim TIVIC at the Distxict Four hca douarters i~ necessary. F{arida's Turn~ Dis=i~t plans to build, a TMC at it~ pompano Beach Turnpike. Operauona Center with Florida Highway Patrol and the Office o£ Toll Operations plarming The Turnpike TMC ia ecbeduled to be partially FDOT District Six in Miami rece=tly moved i~to an intm4-m TMC housed at the District Six h~adqua_~cers with pla~s for the permanent ~NIC ~ go ~ co~~on ~ ~ 2~1-02. ~o~ Highway Pa~ol ~ be ~.loca~d ~th ~OT a~ the ~ ~C. Once b~lt, the ~Cs ~ ~ve South F~da ~r~c m~gers a phy~c~l l~afio~ ~ mo~r ~c con~do~, r~nd ~ ~6en~ ~d ~or~ I~ p~~- Op~a~o~ ~~- ~e ~ ~ve District Four'$ TMC will hoo~ O~T _'Z 3 2001 O[/tO/O0 ~ON 16:23 FAX 954 497 Z945 Karen J. Ke[[5 ~003 South Florida gets electronic tolls Florida DOT kicked off i~ much- aw-ired SunPass electronic mil collec- tion system in April at six plazas in Broward and Palm Beach countries. Lu June, SunPass moved into M~am~-Dade County at toll plaza~ on Gratigay Parkway ($.R. 924), Dolphin Expressway (S_R. 838), AXrport Expressway (S.R. 112), Don Shula 874) and the Florida's Turnpike ExT. en~ion. By the end of the year, all'toll plazaz on South Florida's expressways will be uging SunPass, becoming part of 117 toll plazas ~ate- w~de that wgl have S,,.Pazs by the end o£ 2000. The system will e-nble motorizt~ to save dine and money while creat~ug more efficient, less congested roadways. S,mPazs allows motor- izt~ to pazs through ~ plaza lanez without having to stop while tolls are electronically deducted from cusWmer~' prepaid accountz. A single dedicated 1.-e proe~ses up to 1,800 vehicles par hour-- 300 parcent.more tha~ a conveutionat toil la~e. Tampa toll road~, ~uclua~-5 the Ve~aran~ Sumhine Skyway Bridge Expressways, are pl.-ned for conve.,~on begi.-i-_~ i~ November a~d contiauing througheut 2000. Orlando area toll roadz are scheduled to be operatio--I by the end of zummar 2000. Frequent uzer~ ofB, mPazs will receive a 10 perce~t rebate ~ 40 or more ~r~n~actim~ are made ~ach month on Florida's Tur~plke. th~m two trips par da~ on avarage are requir~ to receive the clizcou~t. Sim~qn~ di~count~ win be available on ~.lect toll roads throughout Florida. 'Thiz i~ a $3&6 million project de~med to ben.fit every°~e by =m~i~$ ~n rosa earder ~ud more co~ve-ie~t," said Deborah Ste. ml~, FDOT dir~rr of toil opera~ion~ ~By the year 2000, S""paz~ will be operational o~ more tha~ 450 toll !~ue, ahxoughout Florida." Bu~P~ combine~ 90 dsdic~ a~d 365' mixed-use lan~. The 90 dedicated lan~ are ELECTRONIC TOLL COLLECTION clearly marked for Sur~Pas: uzers on!y, allo~i~g motorim~ pl~ at sp~ up 25 m{l~ ~ ho~ ~hout ~g q~d ~ sWp w pay a ~e new M~h-~ sy~m is ~mp~ of ~, '~onders" w~ at~ ~ds~el~, ~s~ be~een each ~ ~. ~ a mo~t ap- plies d~ pl~ the S,m9~s p~cesses ~e ~ ~n=a~on ~ ~e mo~ con~ues ~ou~ ~e S~a~ Su~s ~spond~ co~ $25 ~q~ a ~m~ op~ b~ce ~ $25. ~pond~ ~e w~fied a~t m~a~ p~ble~ or d~ for 90 da~ ~ ~e ~ of p~ase. To ~ ~w ~e fs~ l~ne ~d save ~e m~ey ~ Snn~a ~ 1-88~1 -~ ~ or Ol/LO,-'OO ~ON [6:25 FAI 954 42? 2945 J. Kelly ~00¢ SunGuide Service Patrol expands coverage areas Florida DO'Ps regional SunGuide service pal~ol program, started in 1~95, is expanding. Service patrols are operating on Inte~ 95 and the Dolphin Ex- pressway (State Road 836) in Miami and will be added to the pahnetW Expressway (State Road 826) this ~'ne 1V~i-mi.Dade F.a-pressway Authority (MD~ plans w acid service pal~ols on the Don Shula Expressway (S[a~e I~ad ~74), Snapper Creek Expressway (Sta~e Road 878), Airpor~ E~--preaawa~.' ~S~a'~ p~ad 1!2) and G-~-li~--Y Paxk.=. 2Y (Stat'e l~ad 924)la,er this FDOT and MDX, parmers in the St{nGuide sm-vice patrol program in Miami-Dade, are operating eight trucks with plo~- to expand to 21 trucks by the end of 1999. ' FDOT's Fort Lauderdale office is running servi~ paia-ols on Interstate 95, Interstate 595 ~nd Inters~a~e 75 ~ ]~.-~w~d and Palm Beach cotmtiee with plans t~ expand the service to Int~rstata 95 in Martin, St. Lucie and Indian ~We are running 15 service patrol trucks now and p!sn to i~c~ease our coverage w weekends in the.future," said Rick Miiinger of FDO'I's Tr~i~c Operations Office in FortLaudardsle. Service pata~ls operate Weekclays from 6:30 _~m_ w 7:30 p.m. in Miami- Dade Cotmty and from 6 a.m. to 7 p.m./n Broward an&Palm Beach coun~es. Service patrols were first used on FDOT construction projects. A s~rong and posii/ve responge from moUnSzts resulted in the deparlanent In Broward and r_n~rn r~eac~ ~o,,,~-,~-, vehicle location (AVL) devi~.s to ia-ack th~ servi~ patrol - '. acle havz the AVL devices. , . Miarm D! .... ,____. _~. ~,, the lzucks ar~ at any given t4me, smd ~WithAYb we _o~, s.uuw Mitinger. . ~-, ---~- -'- freewa~ incident management," said "Set.ce pat~. ts.?~.e~us~ex~...u~m. ~__~ ~l~'-~.,a~ro~trucl~m on the free- ways nml~ ,'= -- ~ ~ .... ®t bac]t to a nm-ma1 ~tow aha t~ 45 percent. '1~rm5 allOWS ~ ~.* s ~o motorists," he ~ mhe 3,500 motor~- ~sted each month bythe service~patrols in South - . , ._.____. #.... ~a.,rh, x~ a service patrol d.ziver stop ancl -ffal~ oaso]ilze, water, boow~r caotmm, cost has cast the agency .ma nary · · -~'-- :- a d°-~erous situation- ~People sta-ancl~d on ttte expraasways arm ~ Oux drivers come to the rescue and we get ~ome strong tese;monials. The main reason for having the service patrols may be to keep cr~PPic moving, but p~ople whO g~t h~lpcd will tell you tho mn-vice patrols ma~e the highwaym saf*r as welL' said C~tari. 0[/[0/00 MON 16:28 FAX 954 427 2945 Karen J. Ku[[y ~005 FDOT The Floricta De- par~nent of Transpor- taaion (FDOT) ~d ~e ~avel~ ~orma~on ~o Network ~ M~ off a ~-t~ nation s~de ~&o ad~so~ pro~ m for ~o~da's ~ghway travelers t~s summer. ~ 1680 ~ ~ C~ ~o~ ~ ~eduled ~ be ~he ~ ~ neath s~on ~ ~ opera- tor. ~ r~hes ~em m O~e, Osc~l~, Se~{~ole ~d B~v~d ~~, ~ theme p~, ~ud- ~ ~ne7 Worl~ 'O~ ~.~o kicks off Radio Advisory share with travelers all the great places to eat, sleep, a~d have fu~ in our great state. It will enhance the travel experience far millions of our resi- dents and visitors ~hile ~ng their ta-avel safer and easier," said TIRN's Joe GetCys. Stations in G ainU, Lake City, Daytxma~ St. Augustine and Jack- sonville will' follow. Program TMCs i~formation coming in from pavement eensors and _.~merae a~cl will distribute that informa- tion to motorists in rea]-l~e. Law enforcement and emergex~Y services will Be at the table and ~ allow co--ted respon~ea to freeway inc/dents and rush hour coni~-~n~:' said Santana. ~l~ne TMC i~ another piece in'the puzzle. We want to evolve to managing truffle ra~her than tra~c managing us,' he adde~ Patterned after TMCs in Atlanta, Los Ange- les and a number of othar c/'-~es, the Florida TMCs will feature video walls and computer station~ connected by -Fhe key to succe~ in ITS is accessing ~' time informat/on and delivering it to motor/~ts v/a ~n ammortmant of methods. The TI~C b~- come~ our Mi~aion Conu~l far that procea~,' ~aid Eventually, the TI31N format will be · b_'rn~, de.st over a ne~wark of 18 inertial radio s~arions throughout Florida informing travelers about the s~te while at the S~rne time alerting them W adverse Cr-~c or weather condiiio~s. ~Under the pextnersh~p 0e~ween FDt~T ~nd '~'x,xiq, department w/ll a~m~nlster the pro- gram wh/ie 'Y-~N will pay for it ent/rely w/th private sector funds,' said FDOT spokesm~n Dick K~-e. The costs include more than m~lllon for staffing, equipment and the placement of "Traveler Info" signs on the state's highways so mot~wist~ can ~une to a ~ ~t~liate as they travel throuzh During rout~e operations, FDOT will have one minute of each ten rnlr~u~e broadcast segment to air highway ss. fety public service an- noullcement, s. a publication of the Florida Depo~m~t of ~m~por~. tion. For mor~ irr/orma~ioa obo,d SunGuid~ ~l1305- Proposed FDOT Tower 6 Mile Radius l to' b~ removed" &, 11006 DOT · Bell South Tower UC [ L ~ ZUU! JEB BUSH GOYER.,NOR Florida Department of Transportation 805 Suwannee Street Tallahassee, Floricla 3g73S9-0450 THO~,IA$ F. BARRY. JR. SECRE'TARY May 1, 2000 Subject: Florida Department of Transportation's (FDOT) position regarding co-location on existing towers To Whom It May Concern: The FDOT's position has traditionally been to consU:uct new towers as opposed to co-locatix~g on privately owned towers. The FDOT's communications system is used for public safety and FDOT's towers are typically designed to withstand higher wind loads than that required by code. In times of emergencies, such as l~un'icanes, the FDOT provides support in clearing roads to regain access to areas that have been isolated due to damage caused by an extraordinary event. Comm-nications is vital to direct emergency crews in their effort to dear roads in order to restore travel to strickened areas. The health and well being of the public in tlmes of emergencies is dependent on the speedy restoration of services to an area devastated by a catastrophic event. The extra strength requirement built into the design of the FDOT's towers helps assure that communications will be available when it is most needed. Since the FDOT's towers helps support public safety, access to a tower site and a sites restoration priority must be controlled by the FDOT. When gommunications are down during an emergency, the FDOT can not afford to be denied access to a site' nor get involved in a controversy with the tower owner regarding restoration of service at a site. Since public safety is a concern, the Department must have the latitude to set priorities and fix problems as quickly as. possible. OO ~mu~u Deputy State Tra~c Operatiorm Engineer EXECUTIVE SUMMARY PETITION CU-2001-AR-1103 LODESTAR TOWER INC., A SPECTRASITE COMPANY REPRESENTING FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REQUESTING A CONDITIONAL USE FOR COMMUNICATIONS TOWER ON A PARCEL OF LAND ZONED "CON/ACSC/ST" CONSERVATION FOR A PROPERTY LOCATED ON THE SOUTH SIDE OF 1-75, APPROXIMATELY 38 MILES EAST OF COLLIER BOULEVARD (CR-951) ON INTERSTATE 1-75, IN SECTION 1, TOWNSHIP 50 SOUTH AND RANGE 32 EAST (MILE MARKER 63.3). THE SITE CONSISTS OF 10,940 SQUARE FEET. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a Conditional Use permitting a communications tower in the "E" Estates zoning district while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting a Conditional Use for a communications tower with an overall height of 280 feet, per Section 2.6.35. of the Land Development Code for an "CON/ACSC/ST" Conservation zoned property within the 1-75 ROW. The conditional use will enable the Florida Department of Transportation (FDOT) to operate the Sunpass and Intelligent Transportation System (ITS) programs. The ITS includes a variety of components such as real-time traffic data collection and variable message signs. The variable message signs provide motorists with information regarding a variety of roadway conditions such as congestion, detours, maintenance and construction work sites and roadway status. The tower will also accommo(]ate several future cell-phone antennas. On June 14, 2000, the Land Development Code was amended to provide for four (4) towers within the 1-75 r.o.w, in Collier County for the FDOT to accommodate their Intelligent Transportation System designed for interstates within the State of Florida. FISCAL IMPACT: This petition is for a communications tower for the State of Florida, and as such, it is exempt from any impact fee payment. It is not anticipated that the addition of this tower thc. site will have any negative fiscal impact for the County. GROVVTH MANAGEMENT IMPACT: The subject property is designated Conservation and is within an ACSC overlay as identified on the Future Land Use Map of the Growth Management Plan. This designation permits non-residential uses including conditional uses and essential services. OCT 2 3 2001 The LDC was amended on June 14, 2000, (Ordinance 2000-43) to add Section 2.6.35.7. pertaining to communications towers in the Alligator Alley (I-75) right-of-way. This Section of the LDC was further amended, as was Section 2.6.35.6.3. on December 12, 2000 (Ordinance 2000-92). This Conditional Use application is submitted pursuant to Section 2.6.35. of the LDC. ENVIRONMENTAL ISSUES: This petition was reviewed by the Environmental Staff of Current Planning Section. Their stipulations were added to the resolution of approval. Furthermore, since there were no environmental concerns with this site, this project did qualify for exemption from the EAC review. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment was required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2001-AR-1103 on October 4, 2001 and by a unanimous vote recommended that the Board of Zoning appeals approve this petition. STAFF RECOMMENDATION: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for approval PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: /~USAN MURRAY, AICP ' CURRENT PLANNING MANAGER ./::-: --(.;1 DATE 2 THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOHN/~. DU-NNUCK,~II, INTERIM ADMINISTRATOR' DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 3 OCT ~ 3 ~00~ AGENDA ITEM 8-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 13, 2001 RE: PETITION NO: CU-2001-AR-1103 OWNER/AGENT: owner: Florida Department of Transportation (FDOT) C/O Lodestar Tower Inc., A Spectrasite Company 218 US Highway #1, Suite 300 Tequesta, FL. 33469 Agent: Lodestar Tower Inc., A Spectrasite Company 218 US Highway #1, Suite 300 Tequesta, FL. 33469 REQUESTED ACTION' The applicant is requesting the approval of a conditional use for a communications tower on a parcel of land zoned "CON/ACSC/ST" Conservation. GEOGRAPHIC LOCATION: The subject property is located on the south side of 1-75, approximately 38 miles east of Collier Boulevard (CR-951) on Interstate 1-75, in Section 1, Township 50 South and Range 32 East (Mile Marker 63.3). The site consists of 10,940 square feet. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting a Conditional Use for a communications tower with an overall height of 280 feet, per Section 2.6.35. of the Land Development Code for an "CON/ACSC/ST" Conservation zoned property within the 1-75 ROW. The conditional use will enable the Flodda Department of Transportation (FDOT) to operate the Sunpass and Intelligent Transportation System (ITS) programs. The ITS includes a variety of COmponents such as real-time traffic data collection and vadable message AGENC)~ iTEM .o./7 L signs. The variable message signs provide motorists with information regarding a variety of roadway conditions Such as congestion, detours, maintenance and construction work sites and roadway status. The tower will also accommodate several future cell-phone antennas. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North East South West -Interstate 75 ROW. -Interstate 75 ROW. - Interstate 75 ROW. -Vacant, zoned CON/ACSC/ST - Interstate 75 ROW. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Conservation and is within an ACSC oveday as identified on the Future Land Use Map of the Growth Management Plan. This designation permits non-residential uses including conditional uses and essential services. The LDC was amended on June 14, 2000, (Ordinance 2000-43) to add Section 2.6.35.7. pertaining to communications towers in the Alligator Alley (I-75) right-of-way. This Section of the LDC was further amended, as was Section 2.6.35.6.3. on December 12, 2000 (Ordinance 2000-92). This Conditional Use application is submitted pursuant to Section 2.6.35. of the LDC. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: Ingress and egress to the site will be 1-75. The ITE Trip Generation manual indicates that this site will generate 5 to 10 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). Conservation Element: This petition was reviewed by the Environmental Staff of Development Services and found to be consistent with the Conservation Element of the GMP. STAFF ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed cdteda are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "CON" and is located within the 1-75 ROW. Communications towers are permitted as Conditional Use within the 1-75 corridor provided they are being used mostly for governmental purposes. The subject property is designated Conservation on the Future Land Use Map of the GMP. This tower will mostly be used by the FDOT, FHP and the Collier County Sheriff's Office. Excess capacity will be leased to private telephone companies. Con: None. Summary Conclusion (Findings): The use in question is permitted within the 1-75 ROW. This request is deemed to be consistent with the requirements of the Growth Management Plan. bm Ingress and egress to property and proposed structures thereon with particular reference,to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: The tower site will be accessed from Interstate 1-75. Con: N/A. Summary Conclusion (Findings): Adequate ingress and egress to the site will be provided from 1-75. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects: Pro: Neighboring properties are mostly undeveloped. This tower should have minimal impact on neighboring properties. Con: This tower will be visible from some distance and some people may consider this visual degradation of the area. Summary Conclusion (Findings): The proposed tower will not generate any noise, dust, glare or odor in the area. d. Compatibility with adjacent properties and other property in the district. Pro: This property is surrounded on all sides by vacant properties. Con: N/A. Summary Conclusion (Findings): The Parcel in question is surrounded on all sides with vacant properties. The existing site is within the Interstate 75 right-of-way. The erection of this tower within the 1-75 ROW should not have a major effect on the compatibility of the existing land uses of this site with adjacent properties. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2001-AR-1103 to the BCC with a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: SU'SAN MURRAY~ CURRENT PLANNING MANAGER DATE · OCT 2 3 200" , AS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: J~IN M. DUNNUCK I DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: CU-2001-AR-1103 Staff Report for October 4, 2001 CCPC meeting. COLLIEl,.__...J ~('~'~COUNTY PLANNI..~ t N ~~,_ MM~,~~ION :(~Lb~jcb' JOYCEANI~ J. R,~U'I'IO, CHAII~MAN -5- OCT £ .3 200i RESOLUTION NO. 01- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A COMMUNICATIONS TOWER IN THE "CON/ACSC/ST" ZONING DISTRICT PURSUANT TO SECTION 2.6.35.7 OF THE C~LLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION I, TOWNSHIP 50 SOUTH, RANGE 32 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an essential services conditional use pursuant to Section 2.6.35.7. in a "CON/ACSC/ST", Conservation Zoning District with Area of Critical State Concern and Special Treatment Overlay for a communications tower with a maximum height of 280 feet on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory, provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Lodestar Tower, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for an essential services conditional use pursuant to Section 2.6.35.7. in a "CON/ACSC/ST", Conservation Zoning District with Area of Critical State Concern and Special Treatment Overlay for a communications tower with a maximum height of 280 feet in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: OCT 2 3 200! Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2001. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marj°ri~ M. Student, Assistant County Attoney CU -2001 -AR- 1 ! 03/CB/lo OCT 2 3 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1103 The following facts are found: Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: / Yes No o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress& egress Yes ~-' No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /No EXHIBIT "A" Based on the above findings, this conditional use ~ stipulations, (copy attached) approval with for OCT 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1103 The following facts are found: 1. Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the L~nd Development Code and Growth Management Plan: ~ No Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres~/& egress Yes L/No C. Affec~neighboring prqpe~ties in relation to noise, gl.a~, economic or od~z~fects: ~/ No affect or ~ Affect mitigated by Affect ca~ot be mitigate D. Compatibility with adjacent properties and other property in the district:/' Compatible use withi~P/district Yes '~/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: Or EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1103 The following facts are found: Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management ~n: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the distr~ct: Compatible use/Within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, ~ be recommended for approval /'"'"/I'- OCT 2 3 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1103 The following facts are found: 1. Section __2.6.35.6.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and-will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C o Affects neighboring properties in relation to noise, gl~e, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use .within district Yes %/ No Based on the above findings, this conditional use~ with stipulations, (copy attached) (should not) be reco~F6hded for approval ~.~ AGE.~ ~, ~TE.U OCT 2 3 200 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1103 The following facts are found: Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes k No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: K No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No ~ Based on the above findings, th~ditional use should, with stipulations, (copy attached) ~should_~not) be recommended for approval ~~ ~~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1103 The following facts are found: 1. Section __2.6.35.6.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P~n: Yes / No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: &~g Adequate ingress ress Yes No C o Affects neighboring properties in relation to noise, glare/, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use~ithin district Yes ~ No Based on the above findings, this conditional use should, with stipulations, ~~ attached) (should not) be recommended for approval ~~~ AC~NOA OCT ? 3 200 FINDING OF FACT BY COLLIER COLTNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1103 The following facts are found: 1. Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plas; Yes ~-~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes %// No Affects neighboring properties in relation to noise, glar~ economic or odor effects: &//No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use wi~,h~n district Yes d/ No Based on the above findings, thj~--c~ditional use should, stipulations, (copy attached)/~should]n~,~ be recommended approval · ~ __-/ ~//~~ with for O:T 2 3 200 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1103 The following facts are found: 1. Section __2.6.35.6.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,~i No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ,, No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,/ No Based on the above findings, this conditional u~e should~ with stipulations, (copy attached) (should not) be rec6mmended for approval OCT 2 3 2001 Collier County For Lodestar Site 11007 1-75 MM 63.3 Rest Area Replacement Tower LEGAL DESCRIPTION ~N:IVEYOR'S REPORT REVISED SPECIFIC: I)tN~C~E SURVEY F~ L~OTAR TOW~, ~ TO~ 8~ AT ~RITA~ ~76 ~ O~ ~O~ ~. 1~ C~ C~Y, ~O~A t . ~on~e ~ ~os~,,~ ~o~ty. fl~. the ~e being o ~t~ of the c~y~no~l ~nte~?ot~ I-/~, and b~9 m~ p~t~y d~ by o N~th~g of .6~1.1~ Ifil ~ ~ [o,t~9 of 5~23.~732 lNt (~e ~d.~Y~2mg.~t~ ~ ~9 bosod ~ the N~ ~c~ ~ (N~) ~J~IMMU OO~ltm~ l~ ~l 5tote ~e ~mote Spt~ of ~ ~w~ ~e.); ~en~. 5~4~ J1 W M~g ~ ~th~st~y O~ ~e of ~e ~rop~ty f~.w ~ ?. the ~t ~th~y ~ Of t~ ~b~t Pr~V, h~ r~ ;~ c~omolfl o N~m~g of 6664~.7472 feet ~d ~ ~ost~ of 6~4793 t: ~he~ce ~'~"~.~g the ~the~t~y BWy L~ t~ ~eet; m~co ~o ~ ~g ~e N~t~st~y ~~'L~ of ~e ~t ?~y I~.~.~ ,~t ~. the m~t ~h~y ~n~ of the_~b~t Pr~t~ f~: ~ce S~4'~'E ol~ ~he N~t~t~ly B~,~ ~e of the Sok~ PM'cM contains IO.g~O squore feet. more or ~ by cok:utotk)n. 218 US Highway I Suite 300 Tequcsta, FL 33469 (561) 748-9300 Ext. 29 EXHIBIT "B" CU-200'I -AR- 1 Ji03 AGENDA I'T~d ~o._/7 ~___ OCT 2 3 200i CONDITIONS OF APPROVAL CU-2001 -AR-1103 This approval is conditioned upon the following stipulations: ao The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). An Special Treatment (ST) Permit shall be approved prior to the final SDP approval. EXHIBIT "D" OC? 2 3 20O] CU-200 l-AR-! 103 Lodestar Telecommunication Tower #11007 Project # 2001060056 Date: 7/2/01 APPLICATION FOR PUBLIC ltE~G FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Lodestar Towers, Inc. A Spectrasite Company 218 US Highway 1, Suite 300 FL 33469 State Zip 748-9300 AppHcant's Mailing Ad&ess Tequesta City Applicant's Telephone # ( 5 61 ) Fax# (561) 748-9381 Name of Agent Firm Agent's Mailing Address City State Zip Agent's Telephone # Fax # Agent's E-Mail Address: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02;2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip__ Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: City State ~ Zip o Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PA4 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSI-~, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0ZK2000 P/ 0C1'2 200! j Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, ifa corporation, partnership, or trust. Name and Address g. Date subject property acquired ( ) leased (x):. 3 / 25 / 99'erin of lease 30 yr./me~. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning distr/ct, 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, max/mum 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: 1 Township: 50 SOUTH Range: 32 EAST Coll±er County, FL Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: SEE LEGAL DESCRIPTION 4. Size of propertv: 130+/'it.X 100 +/-ft.=TotalSq. Ft. 11,050 Acres Address/generallocation ofsubiectpropertw:_- 1-75 Mile Post 63.3 within the Rest Area on the Alligator Alley. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0112000 South Side of OCT 2 3 2001 PA' ~E5OFI(~ o _Adiacent zonine and land use: Zoning N S E W Conservation Conservation Conservation Conservation Land we Conservation Conservation Conservation Conservation Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Lot: Block: Plat Book__ Page #: Metes & Bounds Description: Subdivision: Range: Property I.D.#: FDOT owD. S adjacent 1-75 right-of-way 2.6.35.6.1 Type of Conditional Use: This application is requesting conditional use # of the distdct for OnmEOFUSE) telecommunication tower Conservation Rest Area Present Use of the Property: o APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 02/2000 Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public, interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concernig, g:[:th~[i4~ following matters, where applicable. Please provide detailed response to[each-,'~f the ~riterion lis~ed bel'ow. Specify how and why the request is consistent with each. (Attach additional liages as may be necessary). ao Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the' applicable section or portions of the future land use element):. bo Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: e. Please provide any additional information which you may feel is relevant to this request. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PACIE V oO~62 3 2001 Lodestar Conditional Use Application - Supplemental Materials Collier County Site 11007 Application Item 2. Disclosure of Interest Information The subject property is 1-75 right-of-way owned by the Florida Department of Transportation, an agency of the State of Florida. Application Item 8. Evaluation Criteria 8a. Describe how the project is consistent with the Collier County Land Development Code and growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): The applicant proposes to construct a telecommunication tower on the subject site to replace an existing FDOT on the north side ofi-75. The primary purpose of this telecommunication tower is to increase the capacity of antennas loading as to provide the infrastructure necessary for the Florida Department of Transportation to operate the Sunpass and Intelligent Transportation System (ITS) programs. Attachments are provided that provide additional details concerning these programs. Ire ITS includes a variety of variable message signs provide motorists with dynamic information regarding a variety of roadxvay conditions such as congestion, detours, general guidance information, maintenance and construction work sites, and roadway status. The Sunpass system, and electronic toll collection system, reduces congestion at toll booths. The tower xvill also accommodate the collocation of private telecommunication antennas and the microwave system for dial tone. The subject property is zoned Conservation and is designated as Conservation on the Collier County land use plan map. In December of 2000, the Collier County Board of County Commissioners adopted Ordinance No. 2000-92 amending the Collier County Land Development Code. As part of this Ordinance, Section 2.6.35.7 xvas amended to permit telecommunication towers subject to conditional use permit. There are currently gaps in cellular coverage along 1-75 as well as a lack of telephone line service. The installation of the proposed tower and antennas will provide the essential dial tone service required for the improvement of cellular coverage and communication for essential services provided by the government agencies to the residents of Collier County. In addition the tower is an integral component of the Sunpass and ITS. These programs provide an essential service by improving the safety and efficiency of the Interest highway system. The proposed facility will not place any demands on the County infrastructure system. Therefore, the tower is consistent with the Collier County Comprehensive Plan and Growth Management Plan. OCT 2 b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety & convenience, traffic flow and control, and access in case of fire or catastrophe: In order to protect the public, there will be no pedestrian access to the site. This site is proposed to be an unmanned telecommunication facility. Vehicular access to the site will be limited to service personnel who would visit the site to perform routine maintenance and service. Therefore, the proposed development plan does not raise any issues regarding traffic flow or control. There will be no paved access to the site per FDOT requirements. Access to the site will be over grass. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The improvements proposed for this site include a telecommunication tower, antennas, equipment buildings, and the removal of the existing FDOT tower. The operation of this use will entail limited human and mechanical activity on the site. Therefore, the proposed use will not create any nuisance to the surrounding rest area including noise, glare or odor. There are gaps in telecommunication cover area along the 1-75 corridor. Therefore, additional telecommunication towers are required in this area to provide service to the residents, commuting public and governmental agencies in Collier County. This tower will accommodate collocation of private communication antennas. Therefore, this toxver's design will help to reduce the proliferation of towers in the area by replacing the existing limited capacity FDOT tower. d. Describe the site's and the proposed use's compatibility with the adjacent properties and other properties in the district: The subject site and surrounding properties are zoned Conservation. This site and those properties immediately adjacent to the site are owned by FDOT for the 1-75 right-of-way and would only be developed with transportation related uses. The telecommunication tower proposed on the site will improve the safety and efficiency of the 1-75 corridor as part of the FDOT Sunpass and ITS programs. This use is consistent and compatible with the 1-75 transportation corridor. e. Please provide any additional information, which you may feel, is relevant to this request. Attached find the following documentation to demonstrate compliance with the criteria in Section 2.6.35.7 of the Collier County Code: [] Six Mile radius map reflecting the existing towers within the eff'ecti ~e raatus. ) 7' -~ OCT 2 3 200i [] Correspondence from Gene Glotzbach indicating that due to public safety, emergency and access issues, the FDOT has determined that it is impractical to collocate its antennas on existing privately owned towers. [] Signed and sealed plans include notes on pages C1 and C2.1 regarding compliance with applicable federal, state and local codes and ordinances including FAA and FCC regulations. ITEM OCT 2001 Collier County For Lodestar Site 11007 1-75 MM 63.3 Rest Area Replacement Tower LEGAL DESCRIPTION SURVEYOR'S REPORT REVISED SPECIFIC PURPOSE SURVEY FOR LODEgTAR TOWERS, IHC. OF THE TOWER SITE AT INTERSTATE 1-75 Mit 63.3 ITOWER HO, 110071 COLLIER COUNTY, FLORIDA All thor lot. piece Or parcel of land sltuote, lying onc~ bein~ i~ Section I. Township 50 South. Range 34 East. ColHer County. F~oriaa. the s~e be,ne o porUon of the oreo commonly known os Interstate I-7~. and bc~ m~c por[icul~ly descr~c~ by m~es o~ bounds os follows. ~Z.: DEG~N ot the mosL EostcHy Corner of thc Sub,ct Proper~y. hg~n~ for ~[S COOrS;notes o N~thin9 of 668531.1559 feet ond on Eostln9 of 6~823.5752 feet. (The precedin9 ond followin~ co~d;note volues be~9 hosed on the North Amer;con Do[urn (NAD) 1~3/1990 od~stment for the Store PIon¢ Coordlnotc 5~tcm of the Flor~o [Os[ ~one.); thence S54'42'~]'W oJonq the ~ou~heostedy B~ndory ~nc of the ~b~ct Property loc 1~.00 reel to the most S~the~y Co~ner of the Sub~t Property, being f~ its coord~otes o North;n9 of 666455.7472 feet ond on [ost~ng of 6~O717.4795 leer: thence N24'55'09"W ~on~ the Southwesterly Boundogy Line of the ~c[ Property for 1~.00 feet to the most West~y Corn~ of thc Sub,ct Prop~ty. ho~ng f~ ;tS coor~;~oles 0 Northing of 666546.4576 feet o~d o~ /ost;~q of 530675.5454 [get; thence N6~'25"[ ~ the N~tflwesteHy Bou~dory*L;~e of the Sub,ct P~operty for 150.00 feet to the most North~ly C~n~ of ~he Sub,ct Property. horn for ils coor~otes o North;n~ Of 666595.4722 ~eet ond on Eos[in9 of 650~95.7432 feet; thence S2~4'S&'E olon9 the N~theos[erly B~nd~y L~ne of t~e ~b~ct Pr~erty f~ 70.00 ~ee[ to the POINT OF BEGINNING. So~ Po~cel conto~ns 10.9~ squorc feet. more or less. by colculot~. Scott Gustafson Spectrasite Communications 218 US Highway 1 Suite 300 Tequesta, FL 33469 (561) 748-9300 Ext. 29 OCT 2S 200 [ jEB BUSH G OVEI~."qO R Horicla Department of Transportation THOh, IA$ E BARRY'. JR. SECRETARY June 15, 1999 SUBJECT: Leasing of DOT Sites for Commercial Wireless Facilities - Lodestar/Florida Department of Transportation 30-Yeai' Agreement To Whom It May Concern: This correspondence is to let you know about the Florida Department of Transportation's 30-year contract with Lodestar Towers, Inc. to develop wireless facilities within the Department's rights-of-way. This contract was executed by the Department on March 25, 1999. It will be Lodestar's responsibility to identify, inventory, coordinate, advertise, market, and negotiate wireless sites to the wireless industry for over 2,000 miles of the Department's limited access fights-of-way. Lodestar's principal responsibility will be to represent the Department's interests as a wireless general manager in these wireless endeavors. This contract is being administered by Lodestar's Project Manager, Mr. Dale Perryman, who may be reached at 218 U.S. Highway #1, Suite 300, Tequesta, Florida, 33469 or by telephone at (561) 748-9300. Mr. Perryman's fax number is (561) 748-8555. Please do not hesitate to contact me if you should have any questions about the Florida Department of Tmn~ortation/Lodestar Towers, Inc. contract, or Mr. Perryman if you should have any questions about wireless sites. 6~hester H. Chandler, P.E. ITS Director · · Florida Department of Transportation - Turnbike District CHC/er Turnpike Dlslrlet ,, OCT 23 2001 ' Ill I Go~ernor'~ Squ~r~ aoule~,,~rd, Suite 100 · T~ll~h~e, Fl~rid~ ~1-'t0! · {8~0) 911-0~"/~'"' O~,'lO/O0 M0N 16:20 954 437 2945 [~002 Traffic Management Centers on drawing board In the world of Intelligent Transportation Systems (1TS), Tr~t~c Management Centers (T1V~C) are to traffic engineers what NASA's Mission Control is to amtronauts -- the nerve center. As ITS moves from the conceptual phase to implementation in South Florida, a number of transportation agencies have TMCs on the drawing board. FDO~% District You~ ~n Fort Lauderd~le is planning a t~o.story TMC on Commercial Boulevard in Fort Lauderdale where FDOT and Broward County Tr~flsc Engineering will be co- located. The project will be funded with federal, state and county dollars and is targeted to be operational in 200§. FDOT is considering budlding an intarim TMC at the District Four headqusa-ters with plans for the permanent TMC tn go to construction in FY 2001-02. Florida Highway Patrol will be co-localmd with FDOT at the M~ ~ mi T1V[C. Once built, the T~iCs wtU give South Florida tr~FSc managers a physical location to monitor traffic conditions, respond to inciclents and coordinate ITS programs. ~fhe TMC will be a comrn,~ncl centar of sorts," said Rory ~antana, Distxict Six Tr-mc Operations Engineer. ~Ve willhave real-~,~e headousrters if necessary. · Fl'orida's Turnpike District pla,ns to build, a TIViC at its Pompano Beach Turnpike. Opexataons Center with Flori~ Highway Patrol and the Office of Toll Opera,ohs planning to be on~itm. The Turnpike TIViC is scheduled to be part{~lly 1~1'~q' TI4 .tr~cr..~i~ ~t/~L%am] rec~,,~y --~ ' ~', .. ._....~ _..- . .. ' ..... OCT 7_ 3 2001 . 01/10/00 MON 16:23 FAX 954 427 2945 003 South Florida gets electronic tolls Florida DOT kicked off i~ much- awaited SunPass electronic toll collec- tion system 4n April at six plazas in Broward mhd Palm Beach cotm~ies. In June, S-nPass moved into Mj~mi-Dade County at toll plazas on clearly marked for · ~.~ ,, ~o~g mo~ ~ 25 m~tes ~ ho~ ~thout berg re- q~ed ~ ~top ~ pay a Gratigmy Parkway (S.R. 924), Dolphin F_~xpressway (S~R. 836)~ Airport ~s~ay (S.R. 112), Don Sh~a 87~) ~d ~e ~o~'s ~p~e ~on. By the end of the ye~, ~'~ pl~ on Sou~ ~o~da's e~ressways ~ be u~g S,,nPass, beco~g p~ of 117 ~ pleas ~- ~de that ~1 have S,mP~s by the end of 2000. ~e sys~m ~ enable moto~ts ~ save t~me ~d ~oney w~e ~ea~g more e~en~ less conge~ ~adways. S,,nP~s ~ows mo~r- ~ ~ p~s ~ugh ~ p~a 1~ ~out ~g ~ s~p w~e ~Hs. ~e ele~c-]ly deducted ~m cus~me~' p~p~d a~. A s~e de,card ]~ne pr~esses up ~ 1,~ ve~es p~ ho~ ~ S00 p~nt.mo~ t~ a convendo~ ~H l~e. Tampa toll ~a~, ~u~g ~e Veter~ ~d S~s~e S~ay B~dge E~ressways, pl~ed for conv~on be~nlnE ~ November ~d ~n~ ~ugheut 2000. ~do ~H roa~ ~e ~ed~ed ~ be ~o~ by the end of ~~ 20~. ~equ~t ~e~ ofS,,nPass ~ r~gve a 10 pe~nt ~ba~ ~ 40 or mo~ ~sa~ ~e made ~ month on ~o~da's ~P~ ~ ~o ~ps per ~y on avenge ~e ~ receive ~e ~count. Sim~l~r ~~ ~ be arable on sel~ toll roads t~out ~o~. '~ ~ a $88.6 ~on p~j~ de~ed behest eye.one by m*~ng ~H road easier ~d mo~ ~nv~t," s~d Debor~ Stemle, ~OT ~tor of~H open'ohs. ~Y ~e ye~ 2~0, S~ ~ ~ opera~on~ ~ 450 toll l~e~ ~oughout S~s ~mb~ 90 de~d and 365' m~ed-use l~es. ~e 90 de.card l~es system is comprised of small, pocket-sized ~transponders" which attach to the inside of caz windshields, t~ansmi~ing and receiving signals between each toll facility..~s a motorist ap- proaches a toll plaza, the SunPass tr~ponder ' processes the toll transaction as the motxr~ist continues tlmrough the Sun.Pass toll lanes. SunPass transponders cost $25 amd require a ininlm,~m op~n~ng balance of $25. Transponders are warrantied against mamufactux~g problems or defects for 90 days after the da~e of purahase. To get into the fast lmne amd save time a~d money with S, repass c~ 1-888-TO~ fi-FLA, or visit www. S,mPass.corm- Ogl' Ol,'[o'o0 ~ON 16:25 FAX 954 427 2945 Karen J. Kelly ~004 SunGuide Service Patrol expands coverage areas Florida DO~s re~ianal SunGuide service patrol proiram, started in 1995,/s expanc~g. ~ervice patrols aze operating on Interstate 95 and the Dolph~ Ex- pressway (State Road 836) in Miami and will be added to the p~lmetto Expressway (SLate Road 826) this 5LLl~rner. ~ne lMi.rni-Dade Expressway Authority (1VIDX) pl-n-~ co add service patrols on the Don Shula Expressway (S:a~e Road 874), --Cnapper Creek Expressway (State Pwad 878), Airport E-~-~rzss~ay ~Eta~ Pm~_d !12) and G?-fi~-y Pszkwsy (State Road 924) Later ~bi~ year, i~DOT and ]VJ~)~ partners in the Su~Guicie serv/ce patrol program/n 1VLLa m/-Dade, are operating eight trucks with p]~, to expand to 21 trucks by the end of 1999. FDO~"s Fort Lauderda]e office is rung serv/ce patrols on [nterstate 95, Lnters:ate 595 a~d Interstate 75 ~ B~wsmd mud Palm Beach counties with pla~s to expand the service to Interstate 95 in Martin, St. Lucie and Indian "~Ve are running 15 service patrol trucks now and p)-n to increase our cove-rage to weekends in the.futu~re,~ said Pick lViitinger o£ FDO'/'s Tr~/=5c Ooerations Of~Sce in Fort ~L~auclerclale. ' Service pat:rols operate Weekdays from 6:~0 a~n. to 7:30 p.m. in 1VLLanfi- Dade County and/rom 6 a.m. to ? p.m. in Broward and p.~rn Beach counties. Service patrols were first used on FDOT construction pro~ects. A strong an~ positive response from motoxists resulted in the deparn~ent looking at service patrols as a permanent service~ In B~owarcl and Palm Beach coumties, FDOT is installing automated vehicle ~ocalfion (AIrL) devices to track the service patrol tru~lc~. True]ca in l~fi~ rrd-Dacte have the AVL devices. "~Vith AVL we can know where the tru~a are at any given ~me,' saicl !viitinger. "Serv/ce patrols are useful tools in freeway incident management," saicl Giovanni CesLari of FDOT's Mi~rnl o/lice. ~-Iaving patrol trucl~a on the free- ways helps us to clear s_u/ncident and reduce congest/on delays by as ~uch as 45 perry, hr- That allows tr-~c to get back to a nornu~ flow and lesse~- delays to motorists," he sail The 3,500 mo[orist.~ ....~isted each month by the service~atmols in South Florida are the program's biggest fans. Having a serv/ce patrol clriver stop anc[ offer gasoline, water, booster cables, cell~].? phones and fiat tire service at ~o cost baa cast t~e agency in a hero's role. ~'People stranded on the expressways are afl~n in a dangerous situat/an. Ou~ drivers come to the rescue and we get some strong teeH~nonials. The main reason for having the service patrols may be to keep tr~t~ic moving, but people who ge~ helped yeLL1 tell you the cctv/ce patrols make the highways safer aa well,' saint Ceatari. Karen J. Kc[[~ ~005 FAX 954 42? ~945 FDOT kicks The Floric~ De- pa~men~ cf Transpor- ration (FDOT) ~d ~e ~aveler ~orma~on ~o Network ~ ~ck off a ~s~-th~ nation s~wide ~o ad~so~ pro~~m for ~o~da's ~ghway travelers t~s summer. Ra~o staQon ~ ~680 ~ ~ Cen~ ~o~da ~ ~eduled ~ be the ~t ~ ne~ork s~on ~ ~ ope~- 50~. ~ r~ches ~ners ~ O~ge, Osceola, Se~ole ~d B~v~d co~, ~ a~ea do~d bY ~ theme p~, ~dud- ~g ~ney Worl& "O~ ~.~&o format ~s des~ed ~ off Radio share with travelers all the great places to eat, sleep, and have fun in our great state. It ~ enhance t3ae travel experience for mi]lions of our real- dents a~d visitnrs ~vhi]e m.lrlng thei: t~avel s~fer aud earner, said TIRN's Joe Germ's. Stations in G ainesvflle, Lake Cit~, Daytnna, St. Augustine and jack- sonv~le will follow. Advisory Eventual]y, the TIRN format wi]] be broadcast over a network of 18 com- . mercLgJ radio stmtiorm tkroughout Florida ~o~g ~velers about the sta~ w~e at the s~me ~e ~e~g them ~ adverse ~c or wea~er ~n~a~. ~nd~ the ,m~que p~nem~p be~een ~OT ~d ~lq, d~p~ment ~ a~s~ the p~- ~ w~e '~N ~ pay fer it en~ely ~ p~va~ s~r ~," s~d ~OT spokes~ Dick K~ue. ~e cos~ ~dude mo~ ~ $9 ~on fo~ st~ng, eq~pment ~ ~e TMCs Con~n~4 from fiun~ ps~ information coming in from pavement sensors and c~neras and will clistrihute that informs- t~on to motorists in real-time. Law exfforcement and emergency services will be at t~e t,..~ole and will allow coordinated responses to ~reeway incident~ and rush hour congestion,' said Santana. ~Yhe TMC is another piece in'the puzzle. We want to evolve to managing txaff~ rather than traffic managing u~," he added. Patterned after TMCs ~n Atlanta, Los A~ge- les and a number of other cF '~es, the Sou~h Florida TMCs w~l feature video walls and computer stat~on~ connecteclby high-speecl ~rhe key to succe~ i~ ITS iz acces~ng real- t~me hfformat~on and delivering it to motoriz~ v~a an a~eortment of method~. The TMC b~- comes our Mis~on Control for that proce~," said Santana. Program placement of'~Praveler Info" signs on the state's highways sc motorists c~u tune to a TER3q ~liate as they traveA t~rough During rou~ne opera~ions, FDOT have one minute of each ten minute b:oadca~t segment to air kighway sa/ety public service an- nouncement, s. The SunGuide newslett~' is a publication of the ~'~orida tiom For more inforrna~n abou~ SunGui~ call 305- 470-5830. lOCT 2 3 2001 OZ. Proposed FDOT Tower 6 Mile Radius Tower to be REMOVED Proposed 280' Tower in Rest Area Mag 12.00 Sun Jun 10 11:42 2001 Scale 1:100,000 (at center) 2 Miles 2 KM Local Road -- ' - Trail Highway [~ Rest Utility/Pipe [] Point of Inte ~st ~ Airfield No. /7 ~, OCT 2 3 2001 9 JEB BUSH GOVER.,NOR Florida Department of Transportation 605 Suwannee Street Tallahassee. Florida 32399-0450 THOMAS F. BARRY, JR. SECR~TrARY May I, 2000 Subject: Florida Department of Transportation's (FDOT) position regarding co-location on existing towers To Whom It May Concern: The FDOT's position has traditionally been to construe{ new towers as opposed to co-locating on privately owned towers. The FDOT's communications system is used for public safety and FDOT's towers are typically designed to withstand higher wind loads than that required by code. In times of emergencies, such as hurricanes, the FDOT provides support in clearing roads to regair .... access to areas that have been isolated due to damage caused by an extraordinary event. Communications is vital to direct emergency crews in their effort to clear roads in order to restore travel to strickened areas. The health and well being of the public in times of emergencies is dependent on the speedy restoration of services to an area devastated by a catastrophic event. The extra strength requirement built into the design of the FDOT's towers helps assure that communications will. be available when it is most needed. Since the FDOT's towers helps support public safety, access to a tower site and a sites restoration priority must be contrOlled by the FDOT. When dornrmmications are down during an emergency, the FDOT can not afford to be denied access to a site'nor get involved in a controversy with the tower owner regarding restoration of service at a site. Since public safety is a concern, the Department must kave the latitude to set priorities and fix problems as quickly as possible. GG Gene Glotzbach, P.E. Deputy State Traffic O~erations Enl~,,eer EXECUTIVE SUMMARY AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 97-8, THE FALSE ALARM ORDINANCE; ELIMINATING FALSE ALARM REPORT FORMS; REQUIRING AN ANNUAL REGISTRATION FORM FOR EACH FALSE ALARM SYSTEM; ELIMINATING FINE FOR SECOND FALSE ALARM; AUTHORIZING NOTICE TO APPEAR IN COURT FOR SIXTH OR SUBSEQUENT EALSE ALARMS; PROVIDING FOR FALSE ALARM PREVENTION EDUCATIONAL PROGRAM CLASSES AND CERTIFICATES OF ATTENDANCE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE WITH A DEFERRED E.NFORCEMENT DATE OF NOVEMBER 1,2001. OBJECTIVE: That the Board adopt an ordinance that amends Ordinance No. 97- 8, the "Collier County False Alarm Ordinance." CONSIDERATIONS: The Collier County Sheriff's Office is requesting that the Board consider amending the Collier County "False Alarm Ordinance" to (1) eliminate the requirement to attempt to contact a "responsible party" when responding to a false alarm; (2) provide that the first two (2) false alarms at a premises or site will receive only a written warning and that the $75.00 fines will not begin to apply until a third (or subsequent) false alarm at the same premises within a 180 day period; (3) eliminate the requirement that the violator file a "false alarm report;" (4) require annual registration with the Sheriff's Office of each alarm system at each site; and (5) specify that the Sheriff's Office desires to, and will institute an educational program for the prevention of false alarms. The false alarm violator may attend the educational program (one time in a 12-month period) in lieu of paying the $75.00 fine. ' FISCAL IMPACT: It is anticipated that attendance at the proposed educational program will eventually save the Sheriff's Office labor and associated costs of responding to false alarms that will be eliminated by the educational program. It is impossible to quantify these costs, but they are believed to be substantial. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners adopt the attached Ordinance to amend Ordinance No. 97-8, the Collier County False Alarm Ordinance. D Y- , SHE_..RIFF DON~UNTER Col lie~ County_Sl~eri fi' s Department DATE: AGEND~ITEM 2001 I-.g.. / REVIEWED BY: Tom Palmer, Ass't. County Attorney DATE: /c.,-,/-c/ REVIEWED AND APPROVED BY: David C. Weigel, County ArVey DATE: H:\PublicXTom-Finals\Ex SummariesL2001XEXECUTIVE SUMMARY Amended False Alarm Ord.doc AGENDA,.ITEM OCT 2 3 2.001 Pg.. 2. ORDINANCE NO. 2001- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 zl 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 97-8, THE FALSE ALARM ORDINANCE; ELIMINATING FALSE ALARM REPORT FORMS; REQUIRING AN ANNUAL REGISTRATION FORM FOR EACH FALSE ALARM SYSTEM; ELIMINATING FINE FOR SECOND FALSE AI.ARM; AUTHORIZING NOTICE TO APPEAR IN COURT FOR SIXTH OR SUBSEQUENT FALSE ALARMS; PROVIDING FOR FALSE AI JARM PREVENTION EDUCATIONAL PROGRAM CLASSES AND CERTIFICATES OF ATTENDANCE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE WITH A DEFERRED ENFORCEMENT DATE OF NOVEMBER 1, 2001. WHEREAS, as of April 1, 1997, the Collier Counu- False Alarm Ordinance became effective; and WHEREAS, the initial False alarm Ordinance pro~4ded that False Alarm Report Forms had to be fried to report each False Alarm; and WHEREAS, the False Alarm Ordinance is administered by the Sheriff's Office; and WHEREAS, The Sheriff's Offices desires to eliminate such reports; and WHEREAS, The Sheriff's Offices desires that fines for False Alarms not be applied until the third or subsequent false alarm occurs at the respective Secured Premises and that a notice to appear for a mandatory court appearance not be authorized until the sixth or higher False Alarm occurs at the respective Secured Premises; and WHEREAS, the Sheriff's Office desires to institute and maintain an educational program that false alarm users may attend to learn to better prevent false alarms; and 1 Text underlined is added; text ~$.~,,.~r +~ .... .,~. ............. ~,~ is delet AGENr~AJTEM NO. _.~....~ .__ OCT 2 3~ ~001 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 WHEREAS, a "Certificate of Attendance" at a false alarm prevention class can be credited to the respective Secured Premises to void one past or future false alarm incident except for a sixth or higher False Alarm at such Premises; and WHEREAS, the Board of Count3' Commissioners accepts all amendments recommended by the Sheriff's Office. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier Count3' "False Alarm Ordinance" is hereby amended as Ordinance No. 97-8, follows: SECTION ONE: Collier Coun9' Ordinance No. 97-8, the "Collier Coung' False Alarm Ordinance" (codified as Article 5 of the Count3,"s Code of Laws and Ordinances) is hereby amended as folloxvs: SECTION ONE: This Ordinance is tiffed and should be cited as the "Collier Count7' False Alarm Ordinance." SECTION TWO: DEFINITIONS. As used herein, the follovAng terms shall have the specified meanings unless another meaning is clearly required by the context: Enforcement official means the Sheriff of Collier Coung', each Deputy sheriff, and/or any authorized representative or designee of the Sheriff. False alarm means activation of a securit3' alarm signal caused by something other than an actual or attempted forced or unauthorized entry into or forced or unauthorized exit from the secured premises, and xvhich signal results in a law enforcement response. There shall be a rebuttable presumption that a security alarm signal is a false alarm whenever an enforcement officer responds to an alarm signal and the responding officer determines that thc alarm signal ,,vas triggered by (a) a cause other than an attempted or actual forced or unauthorized entry into or forced or unauthorized exit from the secured AGENDA I.TEM No. 2 Text underlined is added; text~..o~"'~r..~.. ~]~.....~..s..~. is delet, d. OCT 2 3 2001 Pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 -5 16 17 18 19 20 21 22 23 24 25 26 27 premises, or (b) by intentional activation of that alarm signal based upon a good faith, reasonable mistake that a crime ,,vas being committed at the secured premises. Official response means xvhen any enforcement officer responds by traveling to a secured premises in response to a security alarm signal from that premises. Owner means oxvner of the secured premises, including each co-owner of co- owned property, including, and not limited to, each tenant by the entireties, each joint tenant, and each tenant in common. Premises means any residence, any building or structure, and any apartment, office, condominium, or any other unit thereof. Responsible party means (a) each oxvner, Co) each 18 )'ears or older occupant of the secured premises, and (c) each tenant and each subtenant, and (d) other persons or entities, if an)-, that have by written agreement v~4th the owner agreed to be responsible for false alarms emitted from that ~ecured premises. Secured Premises means the premises intended to be protected by the security alarm system. Security alarm malfunction means'emission of any alarm signal caused by mechanical failure, improper system design, equipment malfunction', improper maintenance or lack of maintenance, power failure or power surge, or other substantially similar cause. Malfunctions do not include any accidental activation of the alarm signal by an action that the system ,,vas designed to be triggered by. Security alarm system means any alarm device that is used to emit a signal to alert persons of an attempted or actual forced entry into or forced or unauthorized exit from the secured premises, and which system emits a sigmal (electrical impulse and/or tone) to prompt an official response from any Collier County enforcement officer. Excluded are (1) alarm devices that emit alarm signals because of unauthorized acts to a vehicle, and (2) systems installed by a telephone company to protect only the company's telephone equipment. 3 Text underlined is added; text o,.~,.,~r +~ .... ~,~ ............. s-- is delet. AG~ND~ ITEM '-" OCT 2 3 2001 Pig .... ~ 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 Signal means a power impulse or audible tone en'titted from a security alarm system xvhich indicates that a true or false alarm has occurred. Vacant means premises that are not physically occupied by any responsible adult at any time during an official response by an enforcement officer. SECTION THREE: RESPONSIBILITY FOR SECURITY' Pt.,ARM SYSTEM AND FALSE ALARMS; REQUIRED RESPONSE. (a) Responsibility for Security Alarm Systems. Neither the County, nor the SherifFs Office, nor any member of either shah have or assume any responsibility for the installation, repair, maintenance, operation, or effectiveness of an)' security alarm system not then owned by Collier CountY. Responsibilities for false alarms emitted by the respective securit-v alarm system rest solely, jointly and severally, with each responsible part3'. Each active securit-v alarm system in unincorporated Collier Count3' must always have at least one (1) responsible part5,'. No person or endt-v shah maintain any security alarm system that automatically dials the statewide emergency telephone number (currently "911"), or any other telephone number assigned to the SherifFs Office except as then required by federal law, state law, or count3? ordinance. Responsibilit}' For False Alarms. Each oxvner of the secured premises is primarily responsible under this Ordinance for false alarms at the secured premises. Owners may by lease or other xvritten agreement assign that primary responsibility to persons or entities that occupy the secured premises, or to managers of the secured premises; hoxvever, failure of any such non-oxvner to fully comply xvith any warning or citation under this Ordinance shall render the owner responsible for such hlse alarms and the resulting penalties. Each responsible part}' is jointly and s 4 Text underlined is added; text ~*~'~ *h .... ~h is del NO..~._~_{;-') ~ _ OCT 2 3 2001 ,'ted. 1 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 responsible under this Ordinance for all false alarms at the respective secured premises. .... t .................. g ....... S tO .... at a vacant ................... , .............. may ~ * .... : ..... ~ by SECTION FOUR: WARNING OR CITATION OF FALSE ALARM VIOLATIONS. (a) First and Second False Alarm. A written xvarning shall be issued for the first and second false alarm at the respective that secured premises, w!'Ach occurs ~c.~ 4.~ ^cr~.:..~ ~ .... c 4.;.. ~.~: ...... The xvarning ma)- be left at the secured premises or other,vise delivered to a responsible part5.,. The warning ma}- be left at a conspicuous place within a vacant secured premises, or may be left xvith an}- adult occupant, employee, or agent of an occupant of an occupied secured premise. Alternatively, the warning may be mailed to any responsible part5, by regular United States mail, but if returned undelivered, then mailed by certified mail, return receipt requested, or by actual senSce by an)- other laxvful serxdce of process. Third c .... ...... d and Subsequent False Alarms. An enforcement official may issue a citation of a false alarm violation of this Ordinance for the third second or an), other subsequent false alarm that occurs at that secured premises xvitlfin 180 days of the last false alarm at that premises. The citation may be sen, ed upon any responsible party by an), laxvful serxdce of process. 5 Text underlined is added; text o+,~,--~- +~ .... ,~, ............. s-~ is delete( AGENrhA J, TEM NO. .__ OCT 2 3 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 (c) For the sixth or more false alarms at the secured premises, a "Notice to Appear" (in Court) can be issued, which "Notice" shall require prompt payment of a S100 fine or a mandatory court appearance. If the S100 fine is paid by its due date, the mandatou' court appearance xvill thereby be cancelled. Failure to pa}' the S100 fine bv its due date xvill require the specified mandatory court appearance unless otherxxdse continued or excused. The Judge or other trier of fact can impose a fine from S100 to S300 plus other applicable costs. SECTION FIVE: FALSE ALARM RI~GISTIL-XTION FORMS. der ......... by , f~l .... 1 ............. ;1.1 .... ~ ....... * ..... ,1.- ~.iC ..4,1- ,1.~ ~11;~ ...... : ......... O fficc a Each ...... (1) Thc fu~ ..... r,-~ ~.~ ...... ~ ....... ~/~- work ~-~ ..... (2) (3) 6 Text underlined is added; text~...o*"'"'t'-..-.. +~..... .... ----s--~'~' is deleted. AGENDA I'[EM NO. OCT 2 3 2001 pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 (c) (e) (a) cause ............ ~ .............. rccurnn& o2 ...... kc c.mm;~4 by an ~ ~,~ L~ ~ ~u~,,Uu} ~I; .... W~l .... ~l~ U ........................ ~, Form w;..~ w~.]. failure ................. ~ ............ arm ,.~ t ..... ) to a .....fine of [OUr /94~ ~ ...... - No Sccurig, Alarm System installed on or after Novcmbcr 1, 2001, shall opcratcd undl a co~plctcd Abm Rcsstradon For~ has bccn rcccivcd by thc Co~cr Coun9, SherifFs Office False Alarm Unit. A scparatc Rc~strafion Form is rcquircd for cach sccufig, alarm systcm. Thc 7 Text underlined is added; text struck through is deleted. I ' OCT 2 3 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 (c) (d) Registration Form shall be supplied by the Sheriff's Office or the alarm company and shall be filled out completely xvith the required information. For each securitT alarm system that ,,vas installed at the secured premises prior to November 1, 2001, the completed Registration Form must be filed not later than five (5) xveek days of the first false alarm that occurs after November 1, 2001. Each Registration Form shall automatically expire three hundred and sixtv- five (365) days after its date of issuance. Each registration renexval must be received by the Sheriff's False Alarm Unit before the then effective Registration gonli expires. At least thirtT (30) days before the expiration date of each then effective Registration Form, the Sheriff's False Alarm Unit x~411 attempt to provide v:ritten notice of the need to renexv that Form. No Registration Form shall be transferred to any other person, entit3', or site. Not later than five (5) week days after each respective change, a responsible person for the respective security alarm system shall mail or other,vise deliver to the Sheriff's Office False Alarm Unit written notice of all changes that alter an)' information in the then current Registration Form. Each Registration Form must include the follov, qng information: (1) The full name(s), mailing address, residence and/or xvork place telephone number of at least one responsible person regarding the respective securi9' alarm system at that secured premises. (2) The name, mailing address, and telephone number of at least one (1) authorized individual representative of a responsible person who can be immediately notified in the event of a false alarm or any emergency at that secured premises. 8 Text underlined is added; text o+,-,,,qr +~ .... ~' is deleted AGEND.~. IIEM NO. lq,G OCT 2 3 2001 pg. /m ~--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 (h) (3) If applicable to the secured premises, the name and 24-hour .telephone number(s) of the individual or entiu, monitoring the respective securit5, alarm system. (4) An), dangerous or special conditions present at the Secured Premises that xvould be of value to the safety of securi~, of a responding person or to the secured premises. (5) Other information that may assist responding persons in the evenl ..t. hat a false alarm occurs at the secured premises. Information contained in the registration application form is confidential and is exempt from public disclosure to the extent authorized in Section 281.301, Florida Statutes, as noxv or hereafter amended or superceded. xvhich as of November 1, 2001, applies to propert3. oxvned by or leased to the State of Florida or any of its political subdivisions, including Collier Count3', and to every other public or private agency, person, partnership, corporation, or business entity acting on behalf of an)-public Agency as noxv or hereafter defined in, or incorporated by reference into, Subsection 119.011 (2), Florida Statutes. Failure to register or renexv a complete Registration Form by its due date shall be a separate violation of this Article and shall require prompl payment of a late fee ofS25.00. Late fees are in addition to fines. SECTION SIX: FALSE ALARM PREVENTION PROG1L~M. (a) The SherifFs Office xvill provide educational program classes for thc prevention of false alarms and shall alloxv individuals to attend any false alarm prevention, pro,am class. Each person xvho attends a false alarm prevention program class must pay a fee of S5.00 to cover some of the administrative costs. This fee must be paid before or at the time of attendance at the program class. 9 Text underlined is added; text ~--,~'- ~ .... ~. deletedl AGEN~Z~ ITEM .o. _ OCT 2 3 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 00) After attendance at a program class by a person associated with the · ," ' te respective secured premises, the SherifFs Office shall issue one (1) Cerufica of Attendance" to the credit of that respective secured premise. The certificate may be used by a representative of the secured premises to void one (1) prior or one (1) future false alarm, including the penalties that xvould other,vise result from that false alarm. No certificate shall apply to a sixth or higher false alarm. SECTION SIX SEVEN: FALSE ALARM FINES; EXCEPTIONS. (a) False ~,-Xlarm Fines. A xvritten warning (for the first and second false alarms_) does not require payment of a fine. After a citation for a third sccond or subsequent false alarm violation is issued, a responsible parU' shall, within thirt7 (30) days of fl~e date of that alarm, pay to the Clerk of the Courts a false alarm civil fine as folloxvs: FALSE ALARM FINE SCHEDULE Number of False Alarms Within a 180 Day Period False Alarm Fine Per False Alarm: -, r ..... ~:~ T> ...... \Varning issued, no false alarm fine. First Response .... '"q"~" Second Response ........ ~::~ ~ .....p!u3 ~,a ~ Eno. Warmng issued, no false alarm fine. TNrd Response ........... ~a~ u ...... ~ .... Citation issued; S75.00 fine. Fourth Response ........... F~c ~ ..... plus Citation issued; S75.00 fine. Fifth Response ................... Citation issued; S75.00 fine. Sixth or more Responses ....... Notice to Appear issued and a SI00, 00 fine if th~ fine is paid on time. Timely payment of the S100.00 fine cancels that mandato~ court appearance. Mandatou' court appearance can result in a fine of not less thaB S100 nor more than S300.00 at the discretion of the trier of fact. AGENF'~ ITEM 10 Text underlined is added; text o+.~,..]r +~, .... ~h is delete No. __q_ _ OCT 2-3 2001 pg. )2.. 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 ~--27 (b). Exceptions: (1) 180 Days Without a False Alarm. If one hundred eighty (180) days pass xvithout a false alarm from the respective alarm system, a "clean slate" status shall be automatically granted to that system if each Report has been filed and all false alarm fines arising out of every, prior false alarm for that system have been paid. The first false alarm after "clean slate" status shall require only a xvritten xvaming and shall commence a nexv 180 day time period form subsequent false alarms from that alarm system. (2) Nexv Alarm System Installed. Installation of an entirely nexv security alarm system at the secured premises, upon written notice of same to the Sheriff's Office and all prior false alarm fines and late fees are paid, shall be classified as a nexv system and shall be treated as an alarm system that had no prior false alarm(s) - "clean slate" status. (3) Good Faith ~Iistake of Crime Being Committed. No person shall violate this Ordinance by intentionally setting off a security alarm signal to prompt an official response if that was alarm set off based upon a reasonable mistake of fact that a crime was then being committed at the secured premises. The responding enforcement official ,,,till determine whether there was a reasonable mistake of fact to justify that intentional activation of that alarm signal. If excused, that alarm shall not be counted as a false alarm. SECTION,~,~¢ wx ,w~,~, ,_,~, EIGHT. (a) ENFORCEMENT AND PENAL'IW PROVISIONS. Incorporation of Section 1-6 of the County Code of Laws and Ordinances. In addition to all enforcement provisions specified in this Ordinance~ and as 11 Text underlined is added; text "+---,~-~ ~, .... ~ ............. ~,.. is deleted AGElUaA II'EM -I - OCT 2 3 2001 pg. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (c) prox4ded for in Section 125.69, F/odda S/ames, any person xvho shah violate any provision of this Ordinance shall, at the election of the Count3', be subject to the enforcement provisions of Section 1-6 of the Collier Count3' Code of Laxvs and Ordinances, excluding possible imprisonment, except for contempt of court. Violations of this Ordinance may be referred by the Sheriff to the Code Enforcement Board for enforcement pursuant to Chapter 162, Florida oCtatutes, including filing liens against the secured premises. Joint and Severable Responsibility to Pay Fees and Fines. All fees and/or fines charged under this Ordinance shall be an obligation owned joindy and severally by each responsible part3'. Fees and fines shall be paid to the Clerk of Court vAthin the time periods specified in this Ordinance except as max' be ordered othevMse by a trial judge. Prompt payment of each false alarm fine shall clear and settle that false alarm violation, but shall not affect the dutT to file am5 tl~c rc~;pcctivc Fa!sc Alarm Report Registration Form. Fines and Costs Imposed bv Court. Fines and costs imposed against a responsible parU' are to be distributed as follows: Five Four dollars ~ (S5.00) to the Clerk of the Courts as an administration fee, and the balance of the funds of each fine is to be deposited in the fine and forfeitures fund of the Sheriff's Office to offset the Sheriff's operating budget costs. 21 22 SECTION TWO: CONFLICT AND SEVERABILITY. 23 24 In the event that this Ordinance conflicts with any other ordinance of Collier 25 Count3, or other applicable law, the more restrictive shall apply. If an3, phrase or portion 26 of this Ordinance is held invalid or unconstitutional by an}' court of competent 12 Text underlined is added; text st.'~a~ +t. .... ~'h is delete A~'~r~, ITEM OCT 2 3 2001 i. ._1 2 3 4 5 6 7 8 9 10 11 12 13 14 ._15 ~6 17 18 19 jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect the validity of the rem,xining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The pro',qsions of this Ordinance shall become and be made a part of the Code of Laxvs and Ordinances of Collier Count5,, Florida. The sections of this Ordinance ma), be renumbered or re-lettered to accomplish such, and the xvord "ordinance" may be changed to secuon, article, or any other appropriate xvord. SECTION FOUR: EFFECTIVE DATE - ENFORCEMENT DEFERRED. This Ordinance shall become effective upon filing xvith the Florida Department of State, but shall not be enforced until 12:01 A.M. on the 1~ day of November, 2001. PASSED AND DULY ADOPTED by the Board of Counw Commissioners of Coil/er Count3.-, Florida, this day of ,2001. ATTEST: 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 ~'-q4 DWIGHT E. BROCK, CLE1LK BOARD O1: COUNTY COMMISSIONERS COLLI ER CO UNTY, FLORI DA BV: DeputT Clerk By: JAMES D. CARTER. Ph.D., CHAIR~L~N Approved as to form and Legal sufficiency: Thomas C. Palmer Assistant County Attorney 13 Text underlined is added; text o*--,--~ +t, .... ,~t, ............. s-~ is deleted. NO. _. OCT 2 3 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 STATE OF FLORIDA) COUNTY OF COLLIER) I, D\X.qGHT E. BROCK, Clerk of Courts in and for the Txventieth Judicial Ckcuit, Collier Count3', Florida, do hereby certify that the Foregoing is a true cop}' off ORDINANCE NO. 2001-__ was adopted bv the Board of Count3' Commissioners on the 2001, during Regular Session. Da}' of WITNESS my hand and the official seal of the Board of counw Commissioners of Collier Coun9', Florida, this ~ day of _, 2001. D\KqGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of Coun9' Commissioners By: Maureen Kenyon Deputy Clerk 14 Text underlined is added; text o+'-'o~r +~. .... ~, is deleb AGEND~A No.-543 ' OCT 2 3 2001 p~. EXECUTIVE SUMMARY AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RATIFYING AND FURTHER AUTHORIZING THE MORE EFFICIENT ADMINISTRATION OF THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY PROVIDING FOR PARTICIPATION IN THE CDBG PROGRAM THROUGH FEDERAL FISCAL YEARS 2001-2005, AND BY PROVIDING FOR MORE CLEARLY DEFINED DELEGATION OF SIGNATURE AUTHORITY FOR CDBG PROGRAM DOCUMENTS TO SPECIFIED COUNTY OFFICIALS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To have the Board of County Commissioners approve an Ordinance authorizing the more efficient administration of the County's Comnmnity Development Block Grant (CDBG) program funded by the U.S. Department of Housing and Urban Development (HUD) by providing for participation in the CDBG program through federal fiscal years 2001-2005, and by providing for more clearly defined delegation of signature authority for CDBG program documents to specified County officials providing for conflict and severability; and providing for an effective date. CONSIDERATION: On September 26, 2000 (#2000-339), the Board approved submission of an application to HUD for Urban County qualification for Entitlement status for Community Development Block Grant (CDBG) funds. In that resolution the Board authorized the County Manager, or the Division Administrator for Community Development & Environmental Services, as their designee to sign documents pertainine to the implementation and administration of the CDBG program. ~ However, Resolution #2000-339 contemplated and referenced participation in the CDBG Program for fiscal years 2001-2003. On May 8, 2001, the Consolidated Plan submitted to HUD under' Resolution No. 2001-181 referenced Collier County's five-year Consolidated Plan for July 1, 2001 to June 30, 2006 (federal fiscal years 2001-2005). FISCAL IMPACT: The total amount anticipated to be funded annually by HUD is $2 million. GROWTH MANAGEMENT IMPACT: The receipt of Community Development Block Grant funds fi'om HUD can affect several policies and objectives of the Growth Management Plan, including the Housing, Immokalee Area Master Plan, Golden Gate Area Master Plan and Transportation elements. RECOMMENDATION: That the Board of County Commissioners approve an Ordinance authorizing the more efficient administration of the County's Community Development Block Grant (CDBG) program funded by the U.S. Department of Housing and Urban Development (HUD) by providing for participation in the CDBG program through federal fiscal years 2001-2005, and by providing for more clearly defined delegation of signature authority for CDBG prom'am documents to specified County officials prov ~':-- severability; and providing for an effective date. OCT 2,3 2001 SUBMI~FED BY: REVIEWED BY: APPROVED BY: Susan E. Alden, IVfanager Housing~and Urban Improvement ' Gre~Mih~}~, Director '~---- ~ousing aid Urban ,Improvement ~, J~~A/~ Date: J.~hn M. bunnuc~ III, Interim Administrator uommunity Development and Environmental Services AGENDA ITEM OCT 2 8 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 ORDINANCE NO. 2001 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RATIFYING AND FURTHER AUTHORIZING THE MORE EFFICEE. NT ADMINISTRATION OF THE COUNTY'S COM~fUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY PROVIDING FOR PARTICIPATION IN THE CDBG PROGRAM THROUGH FEDERAL FISCAL YEARS 2001-2005, AND BY PROVIDING FOR MORE CLEARLY DEFINED DELEGATION OF SIGNATURE AUTHORITY FOR CDBG PROGRAM DOCUMENTS TO SPECIFIED COUNTY OFFICIALS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RECITALS WHEREAS, as of September 1, 2000 the U.S. Department of Housing and Urban 25 Development (HUD) notified Collier Count), (County) that it qualifies for entitlement status as an 26 urban county, based on a total combined population of 200,000 or more from the unincorporated 27' areas and participating incorporated areas; and 28 29 WHEREAS, Resolution No. 2000-339 adopted September 26, 2000, contemplated and 30 referenced participation in the CDBG Program for Fiscal Years 2001-2003 and, 31 32 WHEREAS, the Consolidated Plan submitted to HUD under Resolution No. 2001-181, 33 adopted May 8, 2001, referenced Collier County's five year Consolidated Strategic Plan for the 34 time period from July I, 2001 to June 30, 2006 (federal fiscal years 2001 to 2005) including the 35 Annual Action Plan for July 1, 2001 to June 30, 2002; and 36 37 WHEREAS, the overall goal of the community planning and development programs 38 covered by the Consolidated Plan is to develop viable communities by providing decent housing 39 and a suitable living environmental and expanding economic opportunities principally for low- and 40 moderate-income persons; and 41 42 WHEREAS, the Board of County Commissioners considers it t ?a~e 1 of 4 AGEND,' ~'f¢: u be in the best iflterest'ol~ OCT 2 3 2001 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 the County to participate in the CDBG program because it furthers a worthwhile Count>' purpose; and WHEREAS, the County believes it to be in the public interest to provide certain activities to Collier County residents through the projects included in each year's Action Plan; and WHEREAS, the Board of County Commissioners, under Resolution 2000-339, authorized either the County Manager or the Division Administrator for Community Development & Environmental Services, as their designee to sign documents pertaining to the application for Urban Count3' Status, to accept the CDBG ~ant funds on behalf of the County, and to act in behalf of the Board of County Commissioners to sign all documents, including the reports necessary for administration; and WHEREAS, pursuant to Code of Federal Re, stet (CFR) § 570.3, the Chairman of the Collier County Board of County Commissioners (Board) is defined as the County's "Chief Executive Officer;" and 23 24 25 26 27 28 29 30 31 WHEREAS, the Board now desires to ratiO' and authorize the execution of an>' prior and all future documents required to implement and administer the County's CDBG program through Federal Fiscal Years 2001 through 2005, as now contemplated by the Consolidated Plan, with the exception of those documents which will be required by law to be signed by the County's Chief Executive Officer; and WHEREAS, the HUD sof~-ware system II)IS (Integrated Data Information Systems) used for HUD reporting and drawdown of CDBG funds is now established; and WHEREAS, HUD requires the submission of Environmental Review Records executed by the "Certifying Officer," which pursuant to 24 CFR 58.2 (2) means the official who is authorized to execute the Request for Release of'Funds and Certification and has the legal capacity t~ -- AGENDA ~T~N~ ~, out the responsibilities under 24 CFR § 58-13; and S°' '~r~ -~ ?~e 2 of 4 OCT 2, 3 2001 1 2 3 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 WHEREAS, the County Manager and the Community Development & Environmental Services' Division Administrator are intended to have such signature authority and sign as the designated official under applicable CFR regulations for any subrecipient agreements, IDIS access authority requests for HUI employees, certification of' Environmental Review Records, and for any related applications, agreements, or other documents required to administer or implement the County's CDBG Consolidated program, with the exception of those documents required by law to be signed by the County's Chief Executive Officer. NOW, THEREFORE BE IT ORDAINED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: BOARD OF COUNtry The foregoing Recitals are adopted as true and accurate statements, and as if fully stated herein. The Board authorizes and ratifies the County's five-year CDBG Consolidated Plan, the Annual One Year Action Plan, and the designation and delegation of authority to sign all such documents pertaining to all applications, as well as those required for the implementation and administration of the five-year Consolidated Plan for HUD CDBG funding throughout federal fiscal years 2001-2005, or until the termination of the Consolidated Plan, which ever occurs first, with the exception of those required by lag' to be signed by the County's Chief Executive Officer. The County Manager and the Community Development & Environmental Services' Division Administrator are delegated such signature authority and are designated to sign in all means as if the County's "Chief Executive Officer" or "Certifying Officer" under applicable CFR regulations for any such documents, including subrecipient agreements, IDIS access authority requests for HUI employees, certification of Environmental Review Records, Consolidated Annual Performance Evaluation Report (CAPER), and for any related applications, agreements, or other documents required to administer or implement the County's CDBG Consolidated Plan, with the exception of those required by law to be signed by the County's Chief Executive Officer specififi~. ~ t,he Application for Federal Assistance. Form# SF424. OCT 2 8 2001 Page 3 of 4 ~.~ 10 11 12 13 14 15 lP ~0 24 2P 30 The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes. If any section, phrase, sentence or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. This Ordinance shall become effective upon filing with the Florida Department of State. This Ordinance approved and duly adopted this __ day of after motion, second and majority vote favoring same. 2001 ATTE ST: DWIGHT E. BROCK, CLERK By:. Deputy Clerk Approved as to form and legal su, fficiency: P~tdck G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JA,MES D. CARTER, Ph.D., CHAII:LMAN p~¢ 4 of 4 AGENO' ~T~I~ ,,X'~ "~ .o._ I OCT 2 3 2001 EXECUTIVE SUMMARY CONSOLIDATE THE UTILITY STANDARDS AND PROCEDURES ORDINANCE OBJECTIVE: Approve and adopt the Consolidated Utility Standards and Procedures Ordinance, approve the Collier Utities Technical Standards Manual as the official procedures and process manual and simplify the procedures to revise and maintain technical details and standards. CONSIDERATION: Ordinance No. 97-17 (presently known as the Utility Standards and Procedures Ordinance) includes procedures and standards for construction, development, maintenance, and safe operation of water, wastewater, and irrigation systems. The Ordinance has been modified by Ordinance No. 98-53 and Ordinance No. 2000-59. All past Ordinances will be repealed, the proposed new Ordinance includes updated revisions and other pertinent provisions. In order to provide for annual reviews and changes, the "Collier Utilities Technical Standards Manual" has been created and authorized by reference to this Ordinance. The Public Utilities Division Administrator shall publish the MANUAL and provide for annual revisions thereto, consistent with good engineering practices and standards. FISCAL IMPACT: There is no fiscal impact related to this ordinance. The Public Utilities Engineering Department staff will maintain and update the "Collier Utilities Technical Standards Manual" as required. GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATION: That the Board of County Commissioners adopt the" Collier County Utility Standards and Procedures Ordinance". PREPARED BY: REVIEWED BY: APPROVED BY: J .a~e~fl~. McGee, P.E., Project Manager ymas Wides, Interim Public Utilities Administrator DATE: DATE: DATE: OCT 2 3 2001 PG. ~' ORDINANCE NO. 2000- COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES AN ORDINANCE AND RESOLUTIONS ESTABLISHING THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES; PROVIDING FINDINGS AND PURPOSE; PROVIDING TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR INCORPORATION OF PREVIOUS ADOPTED WATER AND SEWER ORDINANCE AND RESOLUTIONS; PROVIDING FOR SERVICE AREAS BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY; PROVIDING DEFINITIONS; PROVIDING FOR POLICIES AND STANDARDS; PROVIDING FOR CONSTRUCTION APPROVAL AND DOCUMENT SUBMISSIONS; PROVIDING FOR OBSERVATION OF CONSTRUCTION; PROVIDING FOR UTILITIES CONVEYANCE PROCEDURES AND FORMS; PROVIDING FOR THE CREATION AND PERIODIC MAINTENANCE OF A UTILITY TECHNICAL STANDARDS MANUAL FOR SANITARY SEWER, WATER, AND IRRIGATION FACILITIES; PROVIDING FOR PENALTY; PROVIDING FOR AMENDMENTS; PROVIDING FOR REPEAL OF ORDINANCE NOS. 97-17, 98-53 AND 2000-53; PROVIDING FOR THE REPEAL OF RESOLUTION NOS. CWS-97-2, MWS-97- 2, AND GWD-97-2; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and Resolved as Ex-Officio the Governing Board of the Collier County Water-Sewer District, the Marco Water and Sewer District and the Goodland Water District, has determined that it is in the best interests of the public's health, safety, and xvelfare to establish the minimum utility requirements for development of potable water, wastewater, and irrigation xvater facilities within the unincorporated areas of Collier County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, AND RESOLVED AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT, that: SECTION ONE: SECTION TWO: SECTION THREE: SECTION FOUR: SECTION FIVE: SECTION SIX: SECTION SEVEN: TABLE OF CONTENTS FINDINGS AND PURPOSE TITLE AND CITATION APPLICABILITY WATER AND SEWER ORDINANCES AND RESOLUTIONS .SERVICE AREAS DEFINITIONS POLICIES AND STANDARDS 7.1 Utility Service: Availability 7.2 FDEP Permits Design and Performance Standard Manuals and 7.3 Publications 7.4 Utility Leases 7.5 Construction Observation and Inspection 7.6 Utilities Conveyance and Acceptance 7.7 Utility Easement 7.8 Building Permits--Connection Fees and Charges 7.9 Certificates of Occupancy SECTION EIGHT: CONSTRUCTION APPROVAL & DOCUMENT SUBMISSION 8.1 General 8.2 Construction Documents 8.2.1 8.2.2 8.2.3 8.2.4 8.2.5 8.2.6 8.2.7 8.3 Preparation of Construction Documents Presubmittal Conference Submittals Schedule of Fees and Charges Plans, Specifications and Cost Estimates Ordinance 80-112 Rights-of-Way Permits Fire Control District Approval 2 AGENDa, ITEM OCT 2 3 2001 PG. ~ 8.4 Plats 8.5 Utilities Performance Security 8.6 Construction Commencement 8.7 Construction Document Modification SECTION NINE: CONSTRUCTION OBSERVATION AND INSPECTION 9.1 General 9.2 Pre-Construction Meeting 9.3 Construction Scheduling 9.4 Construction Observation and Inspection 9.4.1 9.4.2 9.4.3 9.4.4 General Construction Inspections by County Preliminary Inspections Final Inspections SECTION TEN: 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 UTILITIES CONVEYANCE PROCEDURES 10.1 General 10.01.1 Water Line Acceptance 10.01.2 Gravity Sewer Line Acceptance 10.03.1 Lift Station and Force Main Acceptance Conveyance Documents Inspection Record Construction Drawings Bacterial Analysis Final Costs Test Results Lift Station Submittals Recordation Fees SECTION ELEVEN: Not used SECTION TWELVE: Not used SECTION THIRTEEN: · · · AMENDMENTS SECTION FOURTEEN: · · .PENALTY SECTION FIFTEEN: ..... REPEAL OF ORDINANCES AND RESOLUTIONS SECTION SIXTEEN: ..... INCLUSION IN THE CODE OF LAWS & ORDINANCES SECTION SEVENTEEN:..CONFLICT AND SEVERABILITY SECTION EIGHTEEN:.. · EFFECTIVE DATE APPENDIX A - STANDARD LEGAL DOCUMENTS APPENDIX B - CONVEYANCE DOCUMENT CHECKLIST SECTION APPENDIX C - UTILITY DEVIATION FORM 4 A~NOA ITCH NO.__ OCT 2 3 2001 PG. SECTION ONE. FINDINGS AND PURPOSE It is the intent and purpose of this Ordinance to promote, protect, and improve the health, safety and xvelfare of the citizens of Collier County by the establishment, herein, of standards and procedures for the construction, development, maintenance, and operation of safe, reliable water and wastewater systems, that meet the demands of Collier County's rapid land development and population growth and that are constructed, developed, maintained and operated according to the latest technical and professional standards. This Ordinance, therefore, establishes minimum utility requirements for development of water transmission and distribution and for xvastexvater collection and transmission facilities within the unincorporated areas of Collier County, Florida. This Ordinance attempts to ensure that, with respect to all utility construction performed reliable and economical utility services shall be provided to users of the water and/or xvastexvater systems within Collier County. All requirements set forth herein are in conjunction with and supplemental to the Collier County Land Development Code (the "LDC"), to the Collier County Growth Management Plan and to such other applicable Collier County Ordinances, Resolutions and/or regulations as are related to land development and/or subdivision of lands within Collier County. The administrative procedures, ordinances, and policies contained herein, as they apply to the extension and/or development of water and/or wastewater facilities and utility service, shall take precedence if in conflict, over those contained in the LDC. Public Utilities shall review variations, from the standards and procedures established herein, which are brought about by innovative applications of design principles/solutions to individual projects. Upon such reviexv, the Public Utilities Administrator, in his discretion, may approve such variations, provided that, such variation shall not result in system/facility operation or maintenance performance that is less than that xvhich would be provided, in this Ordinance, if recognized, accepted standards are used, and provided further that such variation promotes, protects, and improves the health, safety and xvelfare of Collier County, Florida. The Collier County Water-Sewer District, established in February 1977, by the Board of County Commissioners, xvas created for the following purposes: 1) to develop safe, reliable and financially self-supporting potable water and sanitary sexvage systems which will meet the xvater and sewerage needs of the rapidly developing areas of Collier County; 2) to ensure that existing and future water and/or wastewater utility systems are constructed, operated and managed at the minimum cost to users and with no direct/indirect financial aid from the General Fund; and 3) to develop xvater and/or wastewater systems requiring the most reasonable operating and maintenance costs. 5 OCT 2 3 2001 Sectionl 1 (Wastexvater Technical Specifications) and Section 12 (Water Technical Specifications) and Appendix C (Standard Details) have purposely been omitted. These documents are now included in the COLLIER UTILITIES TECHNICAL STANDARDS MANUAL. By reference, the Public Utilities Administrator shall publish the MANUAL and provide for annual revisions thereto, consistent with good engineering practices and standards. The changes shall be approved by the Utility Code Subcommittee of the Development Services Advisory Committee. SECTION TWO: TITLE AND CITATION This Ordinance shall be known and may be cited as the "Collier County Utility Standards and Procedures Ordinance." SECTION THREE: APPLICABILITY This Ordinance shall be applicable to development activities, within the unincorporated areas of Collier County, Florida. For the purposes of simplicity and brevity, references herein, to Collier County Water-Sewer District shall also refer to the Marco Water and Sewer District and the Goodland Water District, where appropriate, as the context requires. This Ordinance shall not apply to the Immokalee Water-Sewer District, which was created by Special Act of the State Legislature as an Independent District. SECTION FOUR: WATER AND SEWER OPd)INANCES AND RESOLUTIONS To implement the objectives set forth in this Ordinance, the Board of County Commissioners, acting in their regular capacity, as well as, the Ex-Officio Governiug Board of the various water and/or sewer districts, has adopted Ordinances, Ordinance amendments and Resolutions on behalf of the County and the various Districts, and therefore, such Ordinances, Ordinance amendments and Resolutions, together with all such duly adopted subsequent Ordinances, Ordinance amendments and Resolutions relating to the standards and procedures regarding water and/or wastewater utilities within Collier County are incorporated in this Ordinance by reference. SECTION FIVE: SERVICE AREAS The folloxving requirements shall apply with respect to the County's reviexv of utility construction within Service Areas in the unincorporated area: 6 5.1 Construction shall comply with the LDC and with the TECHNICAL STANDARDS MANUAL. Requested deviations from the requirements of this Ordinance shall be referred to the Water and Wastewater Departments for resolution. 5.2 Within the Collier County Water and Wastewater certificated Service Areas and other Board approved Service Areas, which are granted to individual or joint development projects and which are providing interim utility service, the utility construction documents for each project shall comply xvith this Ordinance. Construction shall not commence until the documents have been reviexved and approved by the County and thereafter, the County has issued a written authorization to construct. Conveyance of completed interim utility facilities xvithin these certificated or other approved Service Areas shall be in compliance with this Ordinance. 7 SECTION SlX: DEFINITIONS 6.1 For the purposes of this Ordinance, tile following terms, phrases, and words, shall have the meaning specified herein. When not inconsistent with the context, words in the present tense include future tense, words used in the singular number include the plural, and words used in the plural include the singular. "Shall" is always mandatory; "may" is discretionary. 6.2 Board: Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County, Florida, and, where appropriate, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, the Marco Water and Sewer District, and/or the Goodland Water District. 6.3 CCIVSD or District: The Collier County Water-Sewer District, and tile Marco Water and Sewer District and the Goodland Water District, where appropriate, as the context requires. 6.4 Construction Document: Construction drawings, technical specifications, hydraulic design reports, Florida Department of Environmental Protection ("FDEP") Permit Application, Plats, where required, and other supportive documents and data necessary to permit the review of proposed water and/or wastewater system improvements. 6.5 Contractor: Individual, partnership, agency, organization, corporation or tile like licensed in the State of Florida to do underground utility construction in Collier County. 6.6 CottltO': Collier County, Florida, a political subdivision of the State of Florida and when the context requires or warrants, shall refer to the Public Utilities Administrator and/or the Division designee. 6.7 County Inspector: A representative of Collier County designated to provide periodic inspection of all water and/or wastewater system construction. 6.8 Collier County Development Services Advisor), Committee (DSAC): The 15 member committee created pursuant to Ordinance No. 95-60 to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of the operational efficiency and budgetary accountability within the Community Development and Environmental Services Division and to serve as a primary communications link between the Division, the development industry and the citizens of Collier County. 8 ACff. I~DA IT£~t ~ i OCl 2 3 2110i 6.9 Commun#y Development and Environmental Services Division: Division of Collier County which, for purposes of this Ordinance, shall be responsible for processing, reviewing and approving water and/or wastewater service requests, pursuant to the terms and conditions of this Ordinance and/or the LDC, including the engineering evaluation, design and construction of public water and/or wastewater utility systems. As outlined herein, and as set forth in the LDC the "Community Development and Environmental Services Administrator" shall mean the site development review director and any successor in function. 6.10 CUE: Collier County Utility Easement. 6.11 Developer: An individual, partnership, corporation, owner, sub-divider, including a governmental agency, or designated agents, successors, or assigns, or such other entity that proposes and/or undertakes the construction of public water and/or wastexvater facilities to provide service for any property or properties, area development or subdivision in which the water or xvastewater facilities are to be extended from, connected to or ultimately become part of the xvater supply or wastexvater system of Collier County Water-Sexver District, Collier County, Florida. 6.12 Distribution MaMs: Potable or irrigation mains less than 16" in diameter that distribute water at the project or customer level. 6.13 Easement: An interest in land, granted to holder by oxvner of land. Such grant entities holder to a specific limited use or enjoyment. Holder can be person, persons or the public generally. 6.14 Effluent: The treated liquid end product of a wastewater treatment fac i lit3,, that is reused as reclaimed ~vater for irrigation or other approved purposes. 6.15 Engineer of Record: The "Project Engineer," a registered professional engineer of record responsible for the preparation of plans and specifications and other related design documents for the water and/or wastewater facilities being constructed within Collier County, and responsible for certifying the project upon completion. 6.16 Fee: means the non-reimbursable monetary compensation rendered to the County for construction document review and inspection service provided. 6.17 F.A.C.: Florida Administrative Code. 9 6.18 FDEP: Florida Department of Environmental Protection, the State Agency responsible for regulating environmental programs and water and/or wastexvater utility systems xvithin the State of Florida. 6.19 FDOT: Florida Department of Transportation. 6.20 Inspection: Periodic construction site visits by a County representative the purpose of which is to ascertain/insure compliance with County-approved construction documents. Such periodic visits shall occur during construction of the water and/or wastexvater improvements, after completion of construction for preliminary acceptance prior to conveyance of the required water and/or wastewater facilities to tile District, and after tile one (1) year Contractual Guarantee period for final acceptance of the water and/or wastewater facilities by the County. 6.21 btterim UtiliO' FaciliO,: A water distribution, transmission treatment and/or supply facility, a wastewater collection, transmission, treatment and/or disposal facility, which, while under construction, is owned by tile applicant/developer or other person/entity other than tile CCWSD or other dependent District, and which, upon completion of construction, shall be dedicated to CCWSD or other dependent District. Such facilities shall remain interim if the CCWSD or other dependent District utility facilities are not available for connection and in such event, shall be leased back to the applicant/developer, pursuant to a Facilities Agreement, with operation and maintenance responsibilities, until such time as the CCWSD or other dependent District, where appropriate, are available for connection. 6.22 LDC: Collier County Land Development Code, as amended from time to time. 6.23 Lateral Sewer: A sewer which discharges into a branch or other sewer facilities and has only building sexvers tributary to it. 6.24 Letter of Commitment: Written verification from a privately-owned or franchised utility as outlined in Sec. 7.1, xvhich a Developer is required to submit to County prior to submittal of construction document. This Letter shall clearly verify the type and capacity of xvater and/or xvastewater utility services available, as well as any restrictions or requirements the utility may have regarding issuance of a binding written commitment for service to a proposed development. 10 AGENDA ITEl Cl 2 3 2001 II 6.25 Master Platt Development: A tentative plan showing the proposed development of a tract of land for which development is to be carried out in one (1) or more stages. See: Site Alteration Plan, Site Development Plan, and Site Improvement Plan as described in LDC. 6.26 Modification: Revisions to construction documents, as requested by the Engineer of Record and xvhich have been approved by the County, when such revision necessitates an additional reviexv and approval process. Revisions requested by the County are exempt from this fee. 6.27 Non-Potable Water Facility: A facility used as a source of water for irrigation, cooling, or other uses. Facilities used as a source for drinking, culinary or domestic purposes are excluded from the definition of non-potable water supply wells. 6.28 Person or Entity: Individual, partnership, agency, association, private or public corporation, organization, or political subdivision or the like which desires to construct water and/or wastewater system improvements and/or requires the sen, ices of the County. 6.29 Potable IVater Facility: Facility used as a source for drinking, culinary, or domestic purposes. 6.30 Probable Cost of Cottstrttctiott: Cost estimate prepared by the Engineer of Record for tile water and/or wastexvater system improvements submitted for review. 6.31 Project: Water and/or wastexvater system improvements illustrated and described in the construction documents for the development of land in tile unincorporated areas of Collier County. 6.32 Public Utilities Division: Division of Collier County comprised of various departments including Water and Wastewater Departments. Public Utilities is responsible for the management, operation and maintenance of the Collier County Water-Sewer District. Tile Public Utilities Division, together with the Community Development and Environmental Services Division shall have the responsibility for approving water, wastewater, and, in some cases, effluent irrigation system requests and the engineering evaluation, including the design and construction for all County-o~vned water, waste~vater and effluent irrigation systems as outlined within this Ordinance. Requested variation(s) from the requirements of this Ordinance shall be referred to the Water and Wastewater Departments for resolution and require a ~vritten response from tile Public Utilities Administrator (PUA) in order to be implemented. OCT 2 3 2001 6.33 Right-of-Way: A strip of land, public or private, occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage way, water main, sanitary or storm sewer main, or for similar special use. The usage of the term "right- of-way" for land platting purposes shall mean that every right-of-way, whether public or private, or as an easement, hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. 6.34 Sanitary Sewer Facility: A xvastewater utility facility. 6.35 Service: Work incurred by the County to review and approve water and/or wastewater systeln construction documents and provide inspection during and after construction of said improvements. 6.36 Sewerage System, Central ("Wastewater System, Central"): A system for the collection and disposal of sewage, in accordance with the approval of requisite federal, state, and county agencies. The system shall serve residential dwellings, commercial, industrial, institutional or other uses and shall include pipes, manholes, pumps, wet wells, tanks, treatment plants and other appurtenances, that comprise tile system. 6.37 Sewerage System, Individual (Wastewater System, Imlividuai'9: A system designed to serve one unit (as defined in the health code used by Collier County) comprised of pipes, tanks, and subsurface absorption field, or other approved treatment device, for handling and disposing of sewage wastes. 6.38 Service Area: Tile geographical area described in a Franchise Certificate or other approval granted by the Board to a utility to provide utility service xvithin the boundaries of a specified geographic area or areas and the geographical areas served by the Board. The geographical area may be referred to also as "territory," "service areas," or "certificated area." 6.39 Sewer Service: A gravity sewer pipe, that extends from the main sewer pipe to the customer's point of connection at the public right-of-way or the utility easement limit. 6.40 SFWMD: The South Florida Water Management District, established pursuant to Chapter 373, Fla. Stat. 12 OCT 2 3 2001 PG. 1,2t 6.41 Transmission Mains: Potable or irrigation mains 16" in diameter and larger that distribute water over a regional or sub-regional area. 6.42 Unincorporated Area: Areas lying outside any established corporate city or municipal boundary line and outside the boundaries of any independent Special Improvement District or service area established by the State Legislature for xvater and sewer service. 6.43 Utility: Any person or business entity, lessee, trustee and/or receiver, owning, operating, managing, or controlling a system, or proposing construction of a system, who or which is providing or proposes to provide potable water and/or non-potable xvater, or bulk xvater, and/or xvastexvater service, or any combination thereof, within any unincorporated area of the County to the public for compensation, but excluding only the following: a) Property used solely or principally in the business of bottling, selling, distributing or furnishing bottled water or portable treatment facilities; or b) Systems mvned, operated, managed, or controlled by a Governmental Agency; or c) Manufacturers providing such utility service solely in connection with their own manufacturing operations; or d) Each public lodging establishment providing such utility service solely in connection with lodging service to its guests; or e) Each landlord or Homeowners' Association providing utility service to their own tenants or unit owners without specific compensation for any such utility service; or f) Each xvater system and/or sewer system xvbich bas a rated capacity (at maximum day system peak) of less than 2,000 gallons per day per utility service; or g) Any Utility that derives less than fifty percent (50%) of its revenues from unincorporated areas of the County with the 13 .0._ [ OCT 2 3 2.001 balance derived from the incorporated area. Any Utility which derives fifty percent (50%) or more of its revenues from the unincorporated areas of the County shall be subject to the provisions of this Ordinance as they relate to only the rates, fees, and charges charged by the Utility in its unincorporated area(s); or h) Any utility system that is then serving less than one hundred (100) customers with water and/or sewer service. For the purpose of this subparagraph, a "customer" is not each individual served. Each residence, apartment unit, condominium unit, office or other unit of a building or structure, each mobile home, each recreational vehicle, etc., is one (l) customer. A duplex is two (2) customers; a triplex is three (3) customers, etc. i) Systems solely for tenants or occupants of: governmental buildings, religious, educational or cultural institutions or facilities, or for recreational, scientific or institutional facilities. j) Systems not owned by a Franchisee that are downline from the Francbisee's master meter and are operated and sub metered by a master metered customer of the Franchisee for resale to individual residential or commercial consumers occupying property oxw~ed or otherxvise lawfully controlled by that master metered customer. 6.44 Utility Code Subcommittee of DSAC: A subcommittee of DSAC, created pursuant to Ordinance No. 95-60 to review and make recommendations on technical and other issues relating to utility matters and to act as a liaison between the Community Development and Environmental Services Division and the Public Utilities Division on such matters. 6.45 Utilities Performance Security (UPS): A Performance Bond, Cash Bond or an Irrevocable Letter of Credit, or other authorized form of security furnished by a community development district pursuant to the LDC, furnished by the Developer to the County or the District, prior to commencement of construction, for all water and wastewater construction to guarantee the 14 .o., t'"'3 OCT 2 3 2001 construction and tile xvorkmanship and materials for the warranty period after the utility facilities have been conveyed to the County or appropriate Water-Sewer District, or upon completion of the utility facilities when construction occurs on private property. See Sec. 8.5 for specific details on this Performance Security. 6.46 lVater Service: A xvater service installation which includes: tapping saddle, corporation stop, service line and meter installation, meter box and backfloxv prevention device, if required, extended to property line or utility easement limit. 6.47 tVastewater: "Sewage," or "sewerage," means a combination of the liquid and xvater-carried pollutants from a residence, commercial building, industrial plant, or institution, together with any groundwater, surface runoff, or leachate that may be present. 6.48 Wastewater System: "Sewer," "sewer system," or "sewerage system" means any and all plant, system, facility or property, and additions, extensions and improvements thereto at any future time constructed to acquire as part thereof, useful or necessary or then having capacity for future use in connection xvith the collection, treatment, purification and disposal of sexvage of any nature, originating from any source, and without limiting the generality of the foregoing, includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; also includes all wastewater mains and laterals for the reception and collection of sewage from premises connected therewith; also includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessaD, or convenient for the operation thereof. 6.49 Water System: Any and all plant, system, facility or property, and additions, extensions and improvements thereto at then future times, constructed or acquired as part thereof, useful or necessary or having the then present capacity for future use in connection xvith the development of sources, treatment or purification and distribution of water, and, without lilniting the generality of the foregoing, includes dams, reservoirs, storage tanks, lines, valves, pumping stations, laterals and pipes for the purpose of carrying water to the premises connected xvith such system; also includes all real and personal property and any interest or rights therein, easements, and franchises of any nature xvhatsoever relating to any such system and necessary or convenient for the operation thereof 15 I AG£nO~ ..... I OCT 2 3 2001 l SECTION SEVEN: POLICIES AND STANDARDS 7.1 Utility Service: Availability As a requirement to Developer's submittal of construction documents, Developer shall obtain prior xvritten verification, from the Public Utilities Division, xvhich shall 1) ascertain the current status of utility service, if any; 2) identify restrictions, if any, of availability of such services; 3) provide pertinent facts regarding location and availability of County's existing and/or proposed utility systems. The Division shall respond in xvriting to all such requests. Provided that, if current and available County utility facilities do not exist, Developer shall provide, or otherwise obtain, interim utility service, only, to the subject property. In the event tile proposed development is outside the service area of the CCWSD, but within the Service Area of a private or franchised utility company, a Letter of Commitment for sen, ice must be submitted from the private or franchised utility outside its Service Area upon approval by the Board. The Letter shall clearly describe the type and capacity of the utility services available, as well as any restrictions or requirements the Utility may have regarding the issuance of a binding written commitment for service to the proposed development. In the event that central water and/or wastexvater service is not available to a proposed project, it shall be the Developer's responsibility to clearly and fully detail the steps that will be taken to provide interim utility services. 7.2 FDEP Permits With respect to development and/or release of FDEP Construction Permit Applications from tile Community Development and Environmental Services Division, approval of the construction documents for the xvater and/or wastewater facilities is mandatory before the Count5' executes and releases applications for any required FDEP permits. Prior to commencement of construction, FDEP permit must be issued. Provided that, with respect to development of and/or construction activities for an interim utility facility, the Developer may obtain executed FDEP permit applications prior to County's final xvritten approval of construction documents. However, under no circumstances shall construction commence with such an interim utility facility until the construction commencement criteria in Section 8.6 have been met. With respect to those service areas outside the CCWSD, copies of all approved FDEP construction and operating permits shall be submitted to the County immediately upon issuance and receipt. NO. ~ 2001 16 OCT 2 3 , ~'G. I'"/ With respect to tile FDEP Certification of Completion of Construction forms, tile Community Development and Environmental Services Division will have the forms executed by the Public Utilities Division after they receive the Preliminary Inspection approval letter during the Preliminary Acceptance process. Community Development and Environmental Services will release the forms upon satisfactory review. 7.3 Design and Performance Standard Manuals and Publications The minimal, but mandatory, utility design requirements of this Ordinance are established by the most recent technical standards, procedures and criteria, as set forth in the latest edition of the publications, listed beloxv, and as are supplemented by the standards specifically set forth in the Technical Standards Manual. The minimal, but mandatory, utility design requirements set forth in the listed publications are incorporated herein and are, thereby, an integral part of this Ordinance. Deviation from the established criteria, as set forth beloxv in the manuals/publications, is not precluded, provided that, the Engineer of Record shall provide, for County's review, a design deviation based on such rational criteria that promotes, protects, and/or improves the public's health, safety and welfare and upon such showing, receives the County's prior written approval. County approval shall not be granted to any proposed design that jeopardizes the public health, safety and welfare, or that otherwise would result in a system performance less than that which would otherwise be provided to the public by adherence to the recognized and accepted industry standards set forth in the following manuals/publications: 7.3.1 Water Pollution Control Federation, Manual of Practice No. 8, Wastewater Treatment Plant Design, W.P.C.F., 2626 Pennsylvania Avenue, N.W., Washington, D.C. 20037. 7.3.2 Water Pollution Control Federation, Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewers, W.P.C.F., 2626 Pennsylvania Avenue, N.W., Washington, D.C. 20037. 7.3.3 Great Lakes/Upper Mississippi River Board of State Sanitary Engineers, 1978 or latest edition. Recommended Standards for Sewage Works, Health Education Service, Inc., P.O. Box 7283, Albany, New York 12224. 7.3.4 Great Lakes/Upper Mississippi River Board of State Sanitary Engineers, 1982 or latest edition. Recommended Standards for Water Works, Health Education Service, Inc., P.O. Box 7283, Albany, New York 12224. OCT 2 3 2001 PG. / 7.3.5 Rules of the Department of Environmental Protection, Chapter 17-6, Wastewater Facilities and Chapter 17-22, Water Suppliers. 7.3.6 American Water Works Association, Inc., Water Treatment Plant Design. AWWA, 6666 West Quincy Avenue, Denver, Colorado, 80235. 7.3.7 American Water Works Association, AWWA Standards. AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235. 7.3.8 Ductile Iron Pipe Research Association, Handbook, Ductile Iron Pipe/Cast Iron Pipe. Ductile Iron Pipe Research Association, 245 Riverchase Parkway East, Birmingham, Alabama 35244. 7.3.9 Uni-Bell Plastic Pipe Association, Handbook of PVC Pipe, Uni-Bell Plastic Pipe Association, 2655 Villa Creek Drive, Suite 164, Dallas, Texas 75234. 7.3.10 American National Standards Institute, latest revision. 7.3.11 American Society for Testing and Materials, Volumes 1.02, 4.01,4.02, 4.05, 6.02. 7.3.12 American Water Works Association, Inc., AWWA Manual, M-14, 6666 West Quincy Avenue, Denver, Colorado 80235. 7.3.13 American Water Works Association, Inc., AWWA Manual, M-22, 6666 West Quincy Avenue, Denver, Colorado 80235. 7.3.14 Collier County Utilities Technical Standards Manual 7.4 Utility Leases Water and/or wastewater facilities constructed for a development which cannot immediately connect to a District owned-and-operated system shall be dedicated to the Board, or as appropriate to the context, the Marco Water and Sewer District or the Goodland Water District, and, at the time of such dedication, shall be leased-back to the Owner of such water and/or wastewater treatment facility. Such facility shall be deemed an interim utility facility for the lease term, i.e., until such time, as such facility is capable of and is, in fact, connected to a District owned-and-operated system. At no time shall the District operate and/or maintain aI interi~[,~,,0. ..[ _'73~*~ / ].8J OCT 2 3 2001 utility faciJity. The terms and conditions of such lease term shall be set forth pursuant to a written lease agreement, "Facilities Agreement," executed by and between the Owner/Developer and Board/District, the standard form of xvhich is set forth in Appendix A, as may be amended. The. Facilities Agreement shall further set forth the terms, conditions, and mutual responsibilities of the signatory parties, their successors, and assigns, with respect to the dedication, the lease-back, the operation and maintenance of such interim utility facility, and the ultimate connection to the off-site facility owned and operated by the Board. Each Facility Agreement shall be negotiated on a case-by-case basis, agreed to and executed by and between the parties prior to construction commencement of the proposed facilities. Such Facilities Agreement shall be a part of the legal documents to be approved and accepted by the Board at the time that the water and/or wastexvater facilities are conveyed to the Board. Project developers, their successors, or assigns, shall be responsible for costs incurred by County in order to maintain interim utility facilities in compliance with FDEP water quality regulations. Such costs shall be borne by the Developers, their successors, or assigns, until sufficient construction has occurred, to create usage significant enough to properly maintain the system xvithout additional maintenance activities on the part of County. Charges for ~vater used shall be billed at the District irrigation rate. 7.5 Construction Observation and Inspection The construction of all xvater and/or wastexvater facilities must be observed and certified by the Engineer of Record and be inspected by the County. The nature and extent of the construction observation and inspection is detailed in Section 9.4. 7.6 Utilities Conveyance and Acceptance The transfer of ownership of any utility facility, including an interim utility facility, to the District shall comply xvith the requirements of law, as set forth in the Florida Statutes, County Resolutions, and/or Ordinance Nos. 78-10 and 79-33, as amended and/or their successors. Reference Section 10: Utility Conveyance Procedures. 7.7 Utility Easement All uses of Collier County utility easements (CUE) shall be in accordance xvith this Ordinance or other Board approved uses and shall be for the exclusive sub-surface use of the Board or other 19 AGENDA .0.. OCT 2 3 2001 County approved uses. All CUEs shall comply with relevant LDC requirements, unless specifically authorized to do otherwise, in writing by the Water and/or Wastewater Directors. Any other use of a CUE not authorized by County and/or approved by the Board is prohibited, other than service crossings. Any use of a CUE that creates a hazard to the water and/or wastewater facilities or the employees of the Board/County/CCWSD in the performance of their duties is prohibited. Private road right-of-~vays with CUE overlays are exempt from the exclusive use provision, however, all design setback and construction requirements of the Ordinance shall be adhered to. Privately-oxvned utilities may be allowed xvithin a CUE, subject to prior approval by tile County, and provided that such privately-owned utility does not hinder operation and maintenance activities or does not create an unnecessary financial burden to the rate payers of the District. Aboveground improvements such as, but not lilnited to, paved parking, decorative walls and landscaping shall be permitted to be installed within a CUE by tile grantor, its successors or assigns. However, the cost of any and all repair, replacement, maintenance and restoration of the aforementioned improvements shall be the sole financial responsibility of the grantor, its successors or assigns as set forth in the County's standard CUE language. Combined water-sewer easements shall be agreed upon on a case-by-case basis, dependent on depth of lines and shall not be cmnbined, unless and until approved by the Water and Wastewater Directors and the Community Development and Environmental Services Administrator. Width of Easements. a) Minimum width of xvater main, force main, and/or effluent main easements shall be 15 feet. b) Minimum width of gravity sewer easements shall be twice the depth of the line or 15 feet, whichever is greater; and c) Lift station easements shall be twice the depth by twice the depth of the lift station or 30 feet by 30 feet, xvbichever is greater; and d) Combined water-sewer easements shall be agreed upon on a case-by-case basis, dependent upon depth of lines. Minimum distance between water and sewer lines shall be 10 feet as required by FDEP and this Ordinance. 20 OCT 2 3 2001 7.8 Building Permits m Connection Fees and Charges County shall not approve the issuance of a building permit until the utility construction documents, together with the associated Plat has been reviewed and approved pursuant to the LDC, and all appropriate water and/or wastewater system development charges, impact fees and connection fees have been paid. The Developer shall be responsible for coordinating development activities xvith the County, to ensure that all the necessary utility construction documents, plats, etc., are submitted for reviexv and approval. Temporary use permits shall be exempt from the utility construction document approval requirement prior to Building Permit approval, unless specific conditions preclude such exemption. 7.9 Certificates of Occupancy A Certificate of Occupancy shall not be issued for any structure prior to preliminary acceptance of all water and/or xvastexvater facilities required by this Ordinance or the LDC. SECTION EIGHT: CONSTRUCTION APPROVAL AND DOCUMENT SUBMISSIONS 8.1 General This section establishes the County's minimum requirements, pursuant to, or in addition to, the minimum LDC requirements, for the submission of the following construction documents, by the Developer/Owner and/or Contractor, for County's reviexv; however, County may require additional data, as County deems necessary, to complete its review of.' a) Water and/or wastewater facilities for proposed new developments connected to existing water and/or waste~vater systems; and b) Water and/or ~vastewater facilities for proposed nexv developments to be served by interim water and/or wastewater treatment plants. 8.2 Construction Documents 8.2.1 Preparation of Construction Documents. Construction drawings and technical specifications for the construction, extension and/or modification of water and/or wastewater facilities shall be prepared by, or under the supervision of, and shall be certified by the Engineer of Record, a Professional Engineer, licensed to practice in the State of Florida, under Chapter 471, Florida Statutes. I AG£ND& TTg*~ ~ 21 OCT 2 3 2001 8.2.2 Presubmittal Conference. It is recommended that prior to initial submission to County of construction documents, the Owner/Developer or their authorized agent, (the "applicant") confer with the Public Utilities Administrator and Community Development and Environmental Services Administrator to obtain information and guidance, to initiate an informal preliminary revie~v, pursuant to the LDC, as may be amended, before substantial commitments of time and/or money are made iu preparation and submission of further documentation. 8.2.3 Submittals. Unless instructed other~vise at tile Presubmittal Conference, initial submittal of construction documents, together with any supportive materials, shall be submitted to the Community Development and Environmental Services Administrator or designee and shall be accompanied by a descriptive cover letter. The cover letter shall contain, but not be limited to, the following: a. Project Name. b. Location of Project. c. Type of utility construction proposed. d. Estimated uumber of water and sewer users to be served by the proposed construction. e. Explanation of what action tile County is being requested to take regarding the materials submitted. f. List of documents attached. g. Engineer's Report - A concise report summarizing tile proposed construction iucluding connections, phasing, assumptions and estimated flows. In the event the proposed construction is part of a proposed subdivision development and plat review process, applicant shall additionally follow, unless set forth other~vise, herein, the "Development Requirements" procedures set forth in LDC, as may be amended. LDC references to Ordinance 88-76 shall for all purposes be deemed references to this Ordinance. Tile County requires complete data and information with this initial submission in order to efficiently provide the necessary review. For this reason, a "standard transmittal" form xvill not be acceptable for the initial submission. Ho~vever, transmittal forms may be utilized for the -- ,, AG~,' 2 ..... NO. F3 --%-- 22 OCT 2:3 2001 subsequent submittal of revised documents, additional items requested by the County and other information pertinent to the reviexv and approval process. 8.2.4 Schedule of Fees and Charges. The Board shall establish by Resolution, a Schedule of Fees and Charges for construction document processing, inspection services and sales. The Schedule shall be posted in the Division of Community Development and Environmental Services. The Resolution shall be filed with the Clerk to the Board. The Schedule may be changed from time to time, pursuant to standard resolution adoption and amendment procedures. The Construction Document Reviexv Fee shall be submitted xvith the construction document submission. The Construction Document Reviexv Resubmission Fee shall be required if County's review requires a third review, in addition to the initial review and one resubmission. The resubmission fee shall be submitted at the time the third submission is made. The Construction Inspection Fee shall be submitted prior to the final construction plan approval. The Construction Document Modification fee shall be submitted upon xvritten request by the County prior to final approval of the modifications requested. The Developer shall be responsible for the payment of all fees identified above. 8.2.5 Plans, Specifications and Cost Estimate. The Engineer of Record shall furnish three (3) complete sets of the construction drawings and two (2) sets of the technical specifications or, as otherwise required by the LDC. Construction drawings shall be prepared on standard size 24" x 36" sheets. Technical specifications shall be typewritten on 8-I/2" x 1 I" sheets and bound in an acceptable manner. Technical specifications shall include an estimate of probable construction cost, prepared by the Engineer of Record, which contains a summary of quantities and estimate of installed cost for the water and/or wastewater facilities proposed for construction. The cost estimate shall be prepared by the Engineer of Record and submitted in itemized form to include the cost of ali required improvements or the contract bid price for all work necessary to complete the required improvements. Incorporation of technical specifications into the construction dra~vings, in lieu of a separate set of written specifications as described above, shall not be acceptable, unless ~vritten waiver is granted by the Public Utilities Administrator or his designee. The construction documents shall be submitted to the Community Development and Environmental Services Administrator for review and written approval prior to the commencement of construction. The construction documents shall consist of, but not be limited to: a) Cover Sheet with Location Map 23 NO.__.&-9 OCT 2 2001 b) Site Utility Master Plan, indicating the overall site development and all proposed utility improvements including easements, with references to the appropriate plan and profile sheets. If phasing of the project is proposed, phases shall be indicated on this drawing. For proposed points of connection to existing water and/or wastewater facilities, the site utility plan shall indicate the method and materials to be used. Actual location of existing sewer mains or laterals and water lines stubs shall be shown, where applicable c) Identification of individual lots for subdivisions and/or buildings and structures for condominiums, multi-family projects, etc.; d) For all projects, except single-family subdivisions, the proposed meter location to service each structure shall be illustrated (final meter sizes shall be determined by the Collier County customer service representative.) For preliminary tneter sizing, see impact fee Ordinance, as amended, superseded or consolidated. e) All existing utility easements on the particular property shall be shown on the drawings. Proposed easements may be required to be shown if the site working space is confined, as determined by County on a case-by-case basis. Easements required to be shown, shall be clearly labeled and shall show the width and limits. See Section 10.2.1-2. f) Plan and profile sheets shall indicate the horizontal and vertical locations for all water and/or wastewater improvements, including all appurtenances, as well as, other proposed and/or existing facilities, together xvith all conflicts in the same general location. Special profile sheets shall be required when unique situations or complex conflicts occur that cannot be clearly detailed on standard plan and profile forms. Profiles shall be positioned on the sheet directly beloxv the plan section they are illustrating, xvith the exception of utilities, that will not be owned and maintained by Collier County. For such utilities that are not owned and maintained by Collier County, profiles shall be provided, but do not have to be positioned on the sheet directly below the plan section. g) Water and/or wastewater standard details. Use of the technical standards contained in the COLLIER COUNTY UTILITY STANDARDS TECHNICAL 24 OCT 2 3 2001 MANUAL shall be required for all construction projects. Pavement restoration, backfill standards, compaction requirements, etc., regarding work within the public rights-of-way or CUE shall be governed by the rules and regulations established by the Public Utilities Division. Standard details involving these items shall reflect the requirements of the Public Utilities Division h) Complete Lift Station drawings, specifications, as required, and details including shop drawings, xvhen necessary, shall be submitted. A special site plan of the lift station and appurtenances shall be provided. It shall contain specific details on the configuration of the station, location of appurtenances, such as electric service and transformers, guard posts, control panel, fencing, landscaping, etc., and the proposed location with respect to roadways, sidewalks or bike paths, drivexvays and proposed or existing rights-of-way or utility easements. i) Water and Wastewater hydraulic calculations. j) Construction plans shall include a symbols and abbreviations legend. k) A list of all County inspections that require 48 hours notice. 1) A statement as to who oxvns and maintains the onsite water and sewer systems. 8.2.6. Ordinance 80-112. When connection to a central wastewater system, other than those operated and maintained by the County or an appropriate Water-Sewer District, is proposed, the requirements of County Ordinance No. 80-112 and amendments or successor Ordinance thereto shall be satisfied and shall comply with Sec. 7.1 herein: "Utility Service: Availability." 8.2.7 Rights-of-Way Permits. Construction within dedicated public rights-of-way shall require an approved permit from the appropriate governmental County, State and/or Federal agency. A copy of the approved permit shall be submitted, to the County, prior to the project pre-construction meeting. Utility construction within a right-of-way owned by the State of Florida, shall require a FDOT Utility Permit. When companion FDEP permit applications must be obtained, they will be 25 OCT 2 3 2001 PG ,,2/_,,, released for processing prior to final FDOT permit approval, provided the construction documents are satisfactory to the Public Utilities Administrator. 8.3 Fire Control District Approval All construction drawings containing water distribution facilities shall be reviewed by and shall require written approval by the appropriate independent Fire Control Districts. Fire hydrant location design shall be in compliance with the LDC or NFPA Regulations, latest edition, xvhichever is more restrictive. The Fire Control District must provide the County with a letter approving the number and location of the fire protection facilities to serve the project. This letter shall contain an agreement by the Fire Control District to accept the ownership and maintenance responsibilities for the hydrants after construction is complete pursuant to the established policy of each individual Fire Control District on the effective date of this Ordinance. The Public Utilities Division will be responsible for the fire hydrant lead up to and including the gate valve as specified in the UTILITIES TECHNICAL MANUAL unless the Fire Districts do not accept ownership of the fire hydrants and leads after the isolation valve in which case the entire lead and fire hydrant should be dedicated to the Count3'. Upon completion of the water system construction, the Engineer of Record must provide to the Community Development and Environmental Services Administrator or designee, field fire-flow testing documentation that establishes that adequate fire-floxv capabilities exist. The Engineer of Record must incorporate demand capacity and meter sizing data into the construction drawings for those projects which utilize a master water meter, to which fire hydrants shall be connected, which establish that the xvater meter selected does pass the total flows required by the project. The County or appropriate Water-Sewer District shall not be responsible for, and/or shall be held harmless from any damages, or loss, resulting from inadequate sizing of a water meter to supply fire flow, in addition to domestic coincident drafts, for a particular project. Data on the meter sizing analysis shall also be contained in the hydraulic design report discussed in Paragraph 8.2.3(g). 8.4 Plats A copy of the proposed plat for new subdivisions that contain water and/or xvastewater facilities shall be submitted with the construction drawings to the County for reviexv and approval. All utility easements that will be required for the xvater and/or wastewater facilities shall be shoxwa on AC_~ NO A IT£M ~ ~'~ OCT 2 3 2001 ,,27 the plat, if possible. Further, tile dedication block on the cover sheet shall contain statements for the following: a) That all Utility Easements for water and/or xvastewater facilities and Ingress and Egress rights, where appropriate, are provided to Collier County and the appropriate Water-Sewer District to install, operate and maintain water and/or xvastewater utility facilities within tile Platted Area; and b) Applicable xvater and/or wastewater facilities constructed within this Platted Area shall be conveyed to the Board for the appropriate Water-Sexver District upon acceptance of the improvements required by the Plat. All plats shall include a signature block for tile Board, (or where appropriate, tile Marco Water and Sewer District and the Goodland Water District). Final approval of construction documents for a project will not be made until the Board pursuant to the LDC requirements has duly approved the proposed plat. Plats submitted and approved by the Board shall be in complete accordance with this Ordinance. Any requests for deviations from this Ordinance shall be clearly outlined in the executive summary, with a copy sent to the affected Department(s). Deviations approved as part of the plat shall not be valid unless clearly outlined in the applicant's submittal letter. If a plat is not required for a specific project, the Engineer of Record shall provide documentation confirming that fact so that the County can determine tile extent of utility easements that must be provided. 8.5 Utilities Performance Security Tile Developer shall be required to furnish a utilities performance security ("UPS") in an amount equal to 110% of the Engineer's Probably Cost of Construction for Water and/or Wastewater Facilities. The Developer shall submit the UPS with the final construction documents; the UPS must be approved by the Collier County Attorney's Office prior to commencement of utility construction. A UPS is not required for the construction phase ora project, provided development is occurring on private, un-subdivided property, or if the UPS has been previously provided to the County, pursuant to the LDC requirements. The UPS shall be required on all projects during the guarantee or warranty period as described herein. Upon conveyance of utility facilities to the Board of County Commissioners of Collier County as the Governing Body of Collier County, Florida, and Ex-Officio the Governing Board for the 27 appropriate Water-Sewer Districts, the Developer may request a reduction in the UPS in an amount equal to ten percent (10%) of the probable cost of utility construction for the required guarantee or warranty period. For completion of facilities constructed on private, un-subdivided property, a ten percent (10%) UPS must be provided to, and accepted by, the County prior to preliminary acceptance of the completed utility facilities. Whenever reasonably possible, the UPS amount shall be based on the actual bid price of the water and/or wastewater facilities. Whenever a bid price is utilized, a copy of the accepted bidders proposal form must be submitted xvith the UPS. The UPS shall be held by the County and shall secure and cover the performance of the Developer in construction and maintaining the subject water and/or wastexvater improvements. Acceptable types of UPSs shall be a Performance Bond, a Cash Bond or an irrevocable Letter of Credit. No other form of security will be accepted unless a xvaiver of the requirements herein is granted by the Board. All surety companies associated with a performance Bond shall hold a current Certificate of Authority, as issued by the Treasury Department, as an acceptable surety on federal bonds under an Act of Congress approved July 30, 1947. Attorneys-in-fact who sign a Performance Bond must file with the Bond a certified copy of theirPower of Attorney Certificate. The Bond must either be signed, or countersigned by a Florida resident agent. The surety shall be directly responsible to the County, should the bond have to be utilized to complete any repairs or work on the project. The issuer of any Letter of Credit shall be a federally insured and regulated savings and loan association or commercial bank, authorized to do and doing business in the State of Florida. Any Letter of Credit must be irrevocable and address both the construction and maintenance obligations of the Developer in a form acceptable to the Collier County A~orney. The beneficiary of any Le~er of Credit shall be the Board. The beneficiary ofa Le~er of Credit provided as a UPS shall be entitled to draw on the Leaer of Credit if: 1) the Developer has failed to construct or maintain the subject water and/or wastewater improvements; or 2) if the Le~er of Credit is scheduled to expire prior to final inspection, as described in paragraph 10.3 hereof, and alternative performance securiW has not been provided and accepted in accordance with this Ordinance within three (3) business days prior to the expiration date. A final inspection of the subject water and/or wastewater facilities shall be conducted prior to release of a UPS. All construction and maintenance obligations covered by a UPS shall be guaranteed and maintained by the Developer until satisfacto~ completion of the final inspection. To schedule the final inspection, the CounW shall provide wri~en notice to the Engineer of Record, if practicable, approximately thi~ (30) days prior to the completion of the one-year period from the facilities A~NOA ITE~ ~ NO.. 28 OCT 2 3 2001 acceptance by the County. The representatives of the County, Engineer of Record, Contractor, and Developer shall conduct final inspection. The UPS shall remain, at all times, in full force and effect until the county provides xvritten notification that the final inspection has been satisfactorily completed. Upon such xvritten notification, the County shall return and release the UPS to the Project Engineer or the Developer's designated agent. 8.6 Construction Commencement Water and/or wastewater facilities construction shall commence only after receipt of the following:l, a) Final xvritten approval of the construction documents, or b) Preli~ninary Work Authorization (PWA) approval as outlined in LDC. 2. FDEP construction permits for the xvater and/or wastexvater systems. 3. Any other permit that may be required for water and/or xvastewater construction, including, but not limited to, a SFWMD ERP or MSW, ACOE Dredge-Fill, NPDES, FDOT, etc. 4. Pre-construction meeting as outlined in Section 9.2. 8.7 Construction Document Modification The County prior to construction must approve ali construction documents. The Engineer of Record shall Modification including a written technical description of all modifications, the revie~v fee, and the revised construction drawings to the County for written approval prior to construction. modifications to County-approved submit a Construction Document SECTION NINE: CONSTRUCTION OBSERVATION AND INSPECTION 9.1 General Installation of all water and/or wastewater facilities and/or connections to existing utility facilities within the County shall be observed and inspected by qualified professional and technical personnel. Construction observation and inspection is required to ensure that the facilities accepted by the Board have been installed in substantial accordance with the County-approved construction drawings and technical specifications. Construction observation and inspection is further necessary to ensure that the County and the water and/or wastewater Districts shall receive utility facilities that require minimum capital expenditure for operation and maintenance. 9.2 Pre-Construction Meeting Upon County approval of a project's construction documents and prior to the commencement of construction, a pre-construction meeting shall be conducted, pursuant to the LDC. The pre- construction meeting shall be held in the offices of the County or, if deemed appropriate, at the office of the Engineer of Record. Representatives of the County, the Applicants, the Engineer of Record, the Utility Companies, the Contractor and the Developer shall attend the pre-construction meeting, where necessary. At the pre-construction meeting, a schedule of construction activities and copies of all applicable state and federal permits shall be provided to the County representative(s). At least 48 hours written notice shall be provided for scheduling the pre- construction meeting with the County. Should any utilities construction commence prior to the pre-construction meeting, the County shall have the right to require partial or full exposure of all completed work for observation, inspection and verification that the utilities xvere installed in substantial accordance with the approved construction documents and technical specifications. 9.3 Construction Scheduling All water and/or wastewater facilities construction in right-of-way areas including pressure testing and sewer lamping shall be completed in substantial accordance xvith the approved construction plans and technical specifications prior to proceeding xvith the stabilization of the roadway subgrade. Installation of improvements, that would complicate corrective xvork on the water and/or xvaste~vater facilities, shall be considered in scheduling all adjoining or related phases of the construction. The County shall be notified within 24 hours, with written follow-up, of any problems and/or conflicts ~vith the construction of required improvements as they affect the completion of the proposed facilities in substantial accordance with the approved construction plans and technical specifications. Failure to comply with this regulation shall constitute just cause for the issuance of a Stop Work Order by the County; and the County shall have the right to require partial or full exposure of any related work ~vhich has been completed in order to observe, inspect, and verify that the utilities were installed in substantial accordance with the approved construction plans and technical specifications.130 l~ll.t~°'-- 0el ^a, ,~! ........ 2 1'-).._~- 3 ~.-= ~i 9.4 Construction Observation and Inspection 9.4.1 General Pursuant to the F.A.C., Chapters 17-6 and 17-22, the construction of water and/or wastewater facilities requires a Professional Engineer ("P.E.") to certify the construction was completed in substantial accordance with the approved construction plans and technical specifications. The certification must be based upon on-site observation of construction; therefore, all water and/or wastewater facilities construction shall require on-site construction observation complying xvith the LDC and F.A.C., Chapters 17-6.140(5)3 and 17-22.108(6)4, as may be amended. The construction observation shall be performed by a P.E. licensed to practice in the State of Florida or a designated technical representative under the P.E.'s direction. The P.E.'s certification of construction compliance with County-approved construction documents, verifies that the water and/or wastewater facilities are constructed in compliance with Record Drawings. Reference Section 10: Utilities Conveyance Procedures. 9.4.2 Construction Inspections by County Upon final approval of construction documents by the County, the Engineer of Record will be provided with a list of standard inspections that require the presence of a County representative. All required inspections shall be identified in the County's approval letter for the project. Based upon the scheduling and progress of construction, the Engineer of Record or applicant's contractor shall be responsible for requesting County inspections. Written requests for inspections shall be provided to the County at least 48 hours prior to the requested inspection to allow scheduling of the County Inspector. Verbal confirmation of the inspection time or a request to reschedule the inspection during the County inspection, the Engineer of Record or his/her designated representative will be available on-site. Routine County inspections will be carried out without notice on all water and/or wastewater facilities construction to ensure compliance with the approved construction documents. In the event the County Inspector, or an employee of the Public Utilities Division, during an on-site inspection, find construction in progress which does not comply with the procedures and policies contained herein and/or the approved construction documents, the County Inspector, or employee of the Public Utilities Division shall have full authority to issue a Stop Work Order. Such Stop Work Order shall remain in full force and effect, with respect to the defective work, until the documented discrepancies have been corrected and to the full satisfaction of the Public 31 I Itilities 0 C T 2 3 2.001 Division. Construction-related inspections, xvhere applicable, shall include, but not be limited, to the following: a) Hot taps to water and sewer facilities.* b) Master meter and bypass piping. c) Jack & Bore casings. d) Pressure tests.* e) Infiltration/Exfiltration tests. F) Lift station installation, prior to cover-up and start-up. g) Lift station start-up.* h) Lamping of sewer lines. i) Flushing of sewer lines, force mains, water mains and effluent lines.* j) Television video taping of sewer lines at end of construction and the warranty period ("in-office review"). k) Fire hydrant thrust blocks. 1) Conflict box construction.* m) Connections to existing water and sewer facilities.* n) Casing installations. o) Other special requirements as specified by the County at the time of construction document approval. The County must be present at the inspections noted xvith "*" above. 9.4.3 Preliminary Inspections A preliminary inspection of the completed facilities is required prior to any conveyance to and acceptance by the Board. During this inspection, the utilities ~vill be checked for compliance with the approved construction draxvings and/or approved revised construction draxvings. All facilities must be in full compliance with the County-approved record construction draxvings, or County- N0. 32 AG£ MOA_.I T£~-~ OCT 2 3 2001 approved revised construction drawings, prior to conveyance to the Board for acceptance. Reference Section 10: Utilities Conveyance Procedures. 9.4.4 Final Inspections The final inspection shall be conducted no earlier than one (1) year after acceptance and conveyance of the utility facilities by the Board. During this inspection, the utility facilities shall be examined for any defect in materials and workmanship and for physical and operational compliance with the County-approved record construction drawings. The UPS shall remain in effect until the final inspection has been satisfactorily completed and the Developer is so notified in writing. Reference Section 10: Utilities Conveyance Procedures. SECTION TEN: UTILITIES CONVEYANCE PROCEDURES 10.1 General Water and/or wastewater facilities, constructed pursuant to the standards and procedures established herein shall be conveyed to and accepted by the Board. Preliminary acceptance shall be approved by the Community Development and Environmental Services Administrator or designee. Final acceptance shall be approved by the Board after the one (1) year warranty period and the Final Inspection. 10. t. 1 Water Line Acceptance Board shall accept for ownership and operation potable water systems with pipes six inches (6) or greater in diameter, including the water meter and/or backflow device with the exception of internal potable water distribution (PWD) systems for such facilities as rental apartments, shopping centers, strip malls, high rise condominiums, recreational vehicle parks, mobile home parks or any other multi-family projects that cannot or do not provide the required CUEs paralleling a typical single family street cross-section or any other project that does not comply with or meet the intention of this Ordinance. 33 OCT 2 3 2001 All non-potable reuse irrigation water systems not currently owned by or required to be owned by the District shall be owned and maintained, in their entirety by the applicant, his successors or assigns, from the connection valve from the County Master Meter at the entrance to the project. 10.1.2 The Board shall accept for ownership and operation gravity wastewater collection systems with pipes eight inches (8") or greater in diameter with the exception of internal gravity wastewater collection systems for such facilities as rental apartments, shopping centers, strip malls, high rise condominiums, recreational vehicle parks, mobile homes parks or any other multi-family projects with gravity wastewater collection systems that cannot or do not provide the required CUEs paralleling a typical single family street cross-section. The gravity wastewater collection system shall lie within a CUE if it is to be owned and operated by the Board. The minimum acceptable as-built slope shall not be more than 10%, below the allowable slope or 10% less than the design slope. See Section 17-6.140(a)2, Florid, Administrative Code, for details. All non-potable reuse irrigation water systems not currently owned by or required to be owned by the District shall be owned and maintained, in their entirety by the applicant, his successors or assigns, from the connection valve from the County Master Meter at the entrance to the project. 10.1.3 Lift Station and Force Main Acceptance. The Board shall accept for ownership and operation wastewater collection systems including force mains with pipes four inches (4") or greater in diameter and lift stations with the exception of internal wastewater collection systems for such facilities as rental apartments, shopping centers, strip malls, high rise condominiums, recreational vehicle parks, mobile homes parks or any other multi-family projects with gravity wastewater collection systems that cannot or do not provide the required CUEs paralleling a typical single family street cross-section. The wastewater collection system shall lie within a CUE if it is to be owned and operated by the Board. Telemetry. may be required for private lift stations. All other internal wastewater collection systems shall be owned, operated and maintained by a master property owner's association or comparable private ownership. 10.2 Conveyance Documents 34 0¢1 2 3 2001 At the time of the County's final approval of construction documents, County shall provide Developer with County's checklist of the conveyance documents required for submission at the time the constructed facilities are dedicated to County. All conveyance documents, including but not limited to, Deeds, Bills of Sale, Affidavits, Easements, Facilities Agreements, Facilities Leases, Subordination by Lien Holders or Mortgages, Master Condominium/Homeowner's Association documents, Irrevocable Standby Letters of Credit, and UPSs, shall be in a form acceptable to the Collier County Attorney. A schedule of standard legal documents forms, approved by the County Attorney, shall be utilized as a guide for the preparation of the conveyance documents. This schedule is located within Appendix A and B. Revisions to these forms must be reviewed and approved by the County Attorney. All documents shall be submitted to County for review and written approval and prior to acceptance of the utility facilities and commencement of service. Recording of all documents shall be made by the County only after written acceptance by the Community Development and Environmental Services Administrator or designee. All documents recorded hereafter, which do not follo~v this procedure, shall be returned as unacceptable. For projects which the water and/or wastewater facilities are not being conveyed to the Board, the final association documents shall contain a disclaimer stating: "The on-site water and/or wastewater facilities are to be owned and maintained by the Master Condominium/Homeowner's Association" (or other comparable private ownership). 10.3 Inspection County requires a preliminary and final inspection of all water and wastewater facilities constructed. The construction of all water and/or wastewater facilities must be observed and certified by the Engineer of Record and be inspected by the County. The nature and extent of the construction observation and inspection is detailed in Section 9.4. 10.4 Record Construction Drawings The record construction drawings shall accurately depict the constructed configuration of the water and wastewater facilities to be conveyed to the Board. All revisions to the approved construction drawings shall be precisely identified and illustrated on the record construction drawings. The following items shall be accurately depicted on the record construction drawings: OC'l' 2 32001' a) Sewer system inverts, pipe slopes, manhole rim elevations and run lengths b) Sewer main stub extension inverts at both ends, pipe slope, run length and location. c) Tie-ins and/or stationing location to all valves, air release assemblies, fire hydrants, manholes, blowoffs, etc. d) Location and dimensional ties to lift station electrical services and transformer. Ail record construction drawings of utiliW facilities that are not being conveyed to the Board for a particular Water-Sewer District shall bear a prominently dispi<-,ed DISCLAIMER, in bold lettering at least 1/4 inch high, stating: "The on-site water and/or wastewater facilities are to be owned and maintained bv the project developer and/or the master condominium/homeowners' association," or other comparable private ownership. Five (5) sets of signed and sealed record construction drawings for the water and/or wastexvater facilities to be conveyed shall be submitted to County. When water and wastewater facilities are being conveyed, seven (7) sets of signed and sealed record construction drawings shall be submitted to County.. Each sheet of the record construction drawings shall identify, the entity that provided the record data. Record drawings shall be provided magnetically in ACADI4 or later version. 10.5 Bacterial Analysis Pursuant to FDEP requirements and regulations, bacterial analyses are required for all potable water transmission and distribution facilities to be constructed. Bacteriological samples for new water facilities construction shall be performed during or after preliminary, acceptance of the facilities. All such analysis shall be performed only by the Water Department laboratory and, at no cost to County, with test results submitted within 15 days of being placed in service for transmission lines and 30 days of being placed in service for distribution lines. The Public Utilities Division will not process meter installations and the Certificates of Occupancy until satisfactory bacterial tests are submitted and the Division receives the FDEP placement in service approval. The Developer shall be responsible for coordinating all aspects for the submission of all necessary, test results and State approvals for placement in service of the water facilities. 3G 10.6 Final Costs The Developer or Engineer of Record shall submit a detailed schedule of the materials utilized for the utility facilities construction. This schedule shall include the type of items, quantities utilized, unit cost and total cost for each individual item utilized in the water and/or wastewater facilities construction. The total cost of all items utilized for the water and/or wastewater facilities shall be clearly shown on the schedule. Costs shall be tabled separately for County Owned and Privately Owned infrastructure. 10.7 Test Results All test data, i.e., pressure, inflow and infiltration, fire flow capacity, etc., required for submission with the conveyance documents shall be certified by an Engineer licensed to practice in the State of Florida. Certification shall bear the raised seal and an original signature of the engineer. Each certification shall contain computations illustrating the allowable limits for each test based on current accepted test standards and the actual field test data obtained. Leakage within water systems and sewage force main systems shall comply with AWWA Standards. Sewer system infiltration/exfiltration data shall conform to a standard of 50 gallons/inch of diameter/mile/day for all types of pipe and conform to procedures in the UTILITIES TECHNICAL MANUAL. Air tests may be required. Fire flow capacity, within the water distribution system must be verified through field-testing to demonstrate that required fire flow rates are available. Fire flow testing shall be accomplished during peak flow hours. 10.8 Lift Station Submittals A copy of the manufacturer's startup report for each facility shall be provided. Included with these items shall be a written verification from the electrical contractor for the lift station verifying the wire type and size for the electric service and certifying that the voltage drop across the service under full loan startup will not exceed 5% of the power company's line voltage at the transformer supplying the station. All tools, such as access cover lock handles, valve wrenches, keys or panel locks, required for the ready access and use of the facilities shall also be submitted with the documents. 10.9 Recordation Fees 37 ACa~.I~OA ITF# ~ OCT 2 3 200! The Developer of a project will be responsible for the payment of ali recordation fees associated with the utilities conveyance procedures. The Public Utilities Division or designee shall invoice and the Developer shall remit the total amount of the recording fee associated with recording the conveyance documents prior to the final acceptance of the water and/or wastewater facilities. SECTION ELEVEN THIS SECTION HAS NOW BEEN INCLUDED IN THE COLLIER UTILITIES TECHNICAL STANDARDS MANUAL: SECTION TWELVE: THIS SECTION HAS NOW BEEN LNCLUDED IN THE COLLIER UTILITIES TECHNICAL STANDARDS .MANUAL: SECTION THIRTEEN: AMENDMENTS County may recommend amendments to this Ordinance as may be necessary upon prior review by the Utili~' Code Sub-committee of the Development Services Advisory Committee, by the Public Utilities Administrator on technical matters and. in case of conflicts with the LDC, upon the additional prior review by the Community Development and Environmental Services Administrator. Revisions shall be made annually to the "Collier Utilities Technical Standards Manual" by the Public Utility Administrator to reflect best engineering practices, technology advances, compliance with other agencies, and public input. These revisions shall also be reviewed and approved by the parties listed above. SECTION FOURTEEN: PENALTY Section 6.1 of the Collier Code of Ordinances applies to this Ordinance, In addition, any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages, to restrain, enjoin or otherwise prevent the violation of this Ordinance in the Circuit Court of Collier Count).'. This Ordinance may also be enforced by Collier County Code Enforcement Boards. SECTION FIFTEEN: REPEAL OF ORDINANCES AND RESOLUTIONS Collier Coun~ Ordinance No. 97-17, 98-53 and 2000-59 are hereby repealed and superseded in their entirety. SECTION SIXTEEN: INCLUSION IN THE CODE OF'LAWS AND ORDLNANCE~ 38 0 C'I' 2 3 2001 The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVENTEEN: CONFLICT AND SEVER, ABILITY The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION EIGHTEEN: EFFECTIVE DATE This Ordinance shall become effective upon being filed with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, As the Governing Body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier CounW Water-Sewer District, the Marco Water and Sewer District and the Goodland Water District, this day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT. BY: James D. Carter, Ph.D. Chairman Approved as to form and legal sufficiency: 39 ,0. .1' 1-- OCT 2 3 2001 a C. Weigel County Attorney APPENDIX A - STANDARD LEGAL DOCUMENTS INSTRUCTIONS The following forms are to be used as a guide to preparers of instruments which shall be submitted to the Board for acceptance of water and/or wastewater utility facilities. Adherence to the form and instructions contained below will assure an expeditious review by the Collier County Attorney's Office, which in turn will speed the process of utility facilities acceptance by the Board. Deviation in substance or form from the suggested specimen forms may result in a substantial delay or disapproval of the utility facilities acceptance documents by the County. Attorney's Office. PLEASE CAREFULLY READ THESE INSTRUCTIONS BEFORE PREPARING INSTRUMENTS INSTRUCTION NO. 1. Each specimen form is prepared in a manner that indicates to the preparer the location and the type of information that needs to be inserted. This is indicated by [brackets which contain instructions]. Most bracketed information is self-explanatoD.'. However, where an in-depth instruction of the type of information to be inserted is appropriate, the bracketed information gives a brief explanation followed by a reference to an instruction. That instruction correlates to the following instructions. INSTRUCTION NO. 2. Name of grantor/mortgagee/deveioper/lessee/owner/surety/issuer/ applicant (hereinafter collectively referred to for the purposes of this instruction as "grantor"). If grantor is an individual, insert the grantor's name followed by the grantor's marital status. If the grantor is married, the grantor's spouse must join in any conveyance instrument. As an alternative to having a grantor's spouse join in a conveyance instrument, a paragraph can be added below the reference to Exhibit "A" which says: "The subject lands are not homestead lands." 40 If the grantor is a corporate entity, show' the correct name of the corporation and identify the state or other jurisdiction in which it is incorporated. If the grantor is a partnership entity, show correct name of the partnership, identify whether the partnership is a general or limited partnership, and identify the state or other jurisdiction under which the partnership was created and presently operates. If the grantor is a trust insert the trustees name, as trustee. If appropriate (Section 689.071, Florida Statutes), identify, the trust and recite the authority of the trustee to convey. Your attention is directed to Chapter 689, Florida Statutes. INSTRUCTION NO. 3. Witness and signature block. All instruments, unless otherwise noted thereon, require 2 witnesses. Example witness and signature blocks are as follows: Execution by an individual: Witness - Signature Witness - Printed Name Witness - Signature John Smith Witness - Printed Name Execution by a corporation: Witness Development Corporation, Inc. a Florida corporation Witness 41 By: President NOTE: In lieu of using two witnesses, a corporation may execute instruments by signing as noted below and affixing its corporate seals. Sections 692.01 and 692.02, Florida Statutes. A hand written or imprinted scrawl, scroll or seal, affixed as the corporate seal below the corporate officer's signature, is effectual as a seal. Section 695.07, Florida Statutes. By: Vice President Infrastructure Corp., Inc., an Indiana corporation (Corporate Seal of Infrastructure Corp., Inc.) Execution by a partnership with an individual acting as its general partner: Project Partners, a Florida Witness limited partnership By: General Partner Execution by a partnership with an entiD' acting as its general partner: Witness - Signature Building Joint Venture, a Kentucky general partnership by its entity general partner Witness - Printed Name 42 OCT 2 3 2001 Witness- Signature Smith Corporation, Inc., a Delaware corporation on behalf of the partnership Witness - Printed Name By: Vice President Execution by a Section 689.070, Florida Statutes, Trustee: Witness - Signature Witness - Printed Name Witness - Signature Fred Fidelity, individually and as Trustee Witness - Printed Name Execution by a Section 689.071, Florida Statutes, Trustee: Witness - Signature 43 OCT 2 3 21101 Witness - Printed Name Witness o Signature Sally Springfield, Trustee of the above referenced Trust Witness - Printed Name INSTRUCTION NO. 4..~CKNO\'g~',EDGMT:,NT AND NOTARY BI,OCK. The fi)llowing forms of acknowledgment and notary- block will be sufficient. For an execuuon bx' an individual: State of County of 'lqac foregoing instrument was acknowledged before mc this __ day of 20 . personally known or produced identificatqon __ Type of identification produced: (Affix notary seal) Notary Pubhc Mv Commission Expires: Notary Printed Name For execution bv a corporation: State of 44 O Cl 2 3 2001 Countx~ of Thc foregoing linscrt exact name of insmm~ent] was acknowledged before me bv lname of person[, [corporate fide must be either President, Vice President or Chief Executive Officer unless an appropriate corporate resolution is attached which specifically authorizes execution by some other corporate officerl or lexact name of corporation[, a [insert the name of the State in ~x:hich corporation is incorporated] corporation, on behalf of the corporation. Personally M~oxvn or produced identification. Type of identification produced: \VITNESS my hand and official seal this ~ day of Notary Public (Affix notary' My Commission Expires: Notary Printed Name For an execution by a partnership a general partner who is an individual: STATE OF COUNTY Thc foregoing linscrt exact name of insmm~cnt] was aclmowlcdged before me by Inamc of individual], general partner, on behalf of {exact name of partnership], a [insert name of statc or 5ut4sdiction under whose laws the parmership was formed and presently operates] [identify type of parmcrship by inserung either general or limitedl parmcrship. Personally M~oxvn__ or Produced idenufication . Type of identificauon produced \VITNESS my hand and official seal this ~ day of ,(:Xffix noraU' seal) ,20 Notary Public Mv Commission Expires: Notary Printed Name 45 2001 For an execution by a partnership whose general partner is an entity: STATE OF COUNTY OF The foregoing [insert exact name of instrument] was acknowledged before me by [name of person], [corporate tide. must be either President, Vice President or Chief Executive Officer unless an appropriate corporate resolution is attached which specifically authorizes execution bv some other corporate officer] of [exact name of corporation], a [name of State in which corporauon ~s incorporated] corporation, as enfit3- general partner, on behalf of [exact name of parmership}, a [insert name of state or jurisdiction under whose laws the partnership was formed and presently operates] [identiL- ~'pe of partnership by inserting e~ther general or limited] partnership. Personally known or Produced identification Type of identification produced \VITNESS mv hand and official seal this (Affix notarv seal) ~ day of ,20__ Notary Public *Iv Commission Expires: Notary Printed Name For an execution bv a Section 689.070, Florida Statutes, Trustee: STATE OF COUNTY OF The foregoing [insert exact name of instrument] was acknowledged before me by [insert exact name of person], individually, and as Trustee. Personally -kno,xa~__. or Produced identification __. Type of identification produced \VITNESS my hand and official seal this ~ day of ., 20 46 .0. 1'-1 OCT 2 3 2001 3'7 (Affix not,an' seal) Notary Public My Commission Expires: Notary. Printed Name For an execution bv an individual as a Section 689.071, Florida Statutes, Trustee: STATE OF COUNTY OF The foregoing {insert exact name of mstrumentl was acknowledged before me by !in,err exact name of personl, as 'l'rustee on behalf of the abovc-refcrenced Trust. Personally known or Produced idenfifica6on . Type of identification produced \VITNESS mv hand and official seal this ~ da)' of .20 (,Affix notau' seal) N otarx' Pubhc Nix, Comnfission Expires: Notary Printed Name For an execution bv a corporation as a Section 689.071, Florida Statutes, Trustee: STATE OF COUNting OF The foregoing [insert exact name of instrument] xvas ac-knowledged before me by ]name of person], [corporate tide must be either President, Vice President or Chief ExecuUve Officer unless an appropriate corporate resolution is attached which specifically authorizes execuUon by some other corporate officer] of [exact name of corporation], a [insert the name of the State in which corporation is incorporated] corporation, on behalf of thc corporation as Trustee of the above referenced Trust. Personally 'known or Produced identificauon . Type of idenufication produced WITNESS my hand and official seal this day of ,2O (Affix notary., seal) Notan. Public My Conm'fission Expires: NotarT Printed Name INSTRUCTION NO. 5. Exhibits attached to all instruments must describe the real property that encompasses the subject utility facilines or easement. Language on the legal description Exhibit that alters or qualifies the instrument to which it is attached is unacceptable. INSTRUCTION NO. 6. For the purposes of simplicity and brevi?, references in this Appendix and Collier County Ordinance No. 9-'-__. as amended, to the Collier CountT \Vater-Sewer i)istnct shall also be construed to refer to the Marco Water and Sewer D~smct or the Goodland \Vater District. where appropriate and as the context requires. Preparers of legal documents axe cauUoned to determine to which District their documents should run before prepanhg and subrmtting documents. INSTRUCTION NO. 7. Notarization of an oath. The proper notarization of an oath (or affm-nation) is as follo,,~-s: "SUBSCRIBED AND S\VORN to before me this dav of ., 20__." ~gm acknowledgment is not acceptable for any affidavit (.SubsecUon 117.0503), Florida Statutes. The affiant must both sweax to the document in the presence of thc Notary and sign the document m the presence of the Notary. 48 OCT 2 3 2001 INSTRUCTION NO. 8. This Appendix is prox4ded as a grade to preparers and is not intended to be all-inclusive. All documents will be reviewed on an mdi-,4dual basis. If the preparer is unsure of the required form or content of any document, he or she should seek professional adx4ce or assistance prior to preparing and subrmtfing the document for acceptance. Form 1 - Rev. 07/00 (Facilities Agreement) Utilities Acceptance - Doc. #320 *[Identify type of treatment facility by inserting either water or sewer in title of this instrument] * FACILITIES AGREEMENT THIS AGREEMENT is made and entered into this [day] day of [month], [5'ear], by and between [Name of developer - see Instruction No. 2] (hereinafter referred to as "Developer"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT (hereinafter referred to as "County"). Developer is used as singular or plural, as the context requires. RECITALS: WHEREAS, for the purposes of this Agreement the term "Developer" shall include the Developer, the Developer's heirs, successors, and assigns, including but not limited to any wholly owned or controlled subsidiary entity who leases back any utility facilities from the County; and 49 OCT 2 3 2001 WHEREAS, the Developer is the Owner of the [insert name of project shown below referenced construction plans] development, (hereinafter "Project") and has submitted construction plans for an interim [identify type of treatment facility by inserting water or sewer] treatment facility (hereinafter "interim treatment facility") to the County for review and approval; and WHEREAS, the Developer acknowledges and agrees that the Developer is required to provide on-site interim utility facilities which service the Project until the utility facilities within the Project can be connected to the off-site utility facilities operated by the County and the County facilities have the available capacity to service the Project; and WHEREAS, Collier Coun .ty land development regulations require, and Developer covenants and agrees, that the Developer shall connect any interim, utility system serving that Project to the off- site utility system operated by the County when the Count3"s system has been extended to within two hundred (200) feet of the Project and the available off-site utility system has available capacity to service the entire Project; and WHEREAS. the extension of the off-site utility' system operated by the County to within two hundred (200) feet of the boundary, of the Project shall be not required of the County as performance under this Agreement: and WHEREAS, all parties to this Agreement acknowledge and agree that the decision as to whether or not any off-site utility, system operated by the County, has the capacity' to service the Project shall be made solely by the County; and WHEREAS, the Developer acknowledges its obligation to dedicate all appropriate collection, distribution and transmission facilities and appropriate easements to the County' prior to placing said facilities into service; and WHEREAS, the Developer, or other successor entity satisfactory to the County, will maintain and operate the interim treatment facility and the associated on-site collection, distribution and transmission plant pursuant to a lease agreement with the County as set forth herein below; and WHEREAS, the developer has previously accepted the terms and conditions set forth in this Agreement as part of the County's review and approval of the Developer's land use petitions. WITNESSETH: 50 OCT 3 2001 NOW, THEREFORE, in consideration of the covenants hereinafter contained the parties agree as follows: 1. RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated herein. 2. INTERIM FACILITY. The appropriate on-site treatment, collection, distribution and transmission facilities are to be constructed as part of the proposed Project and shall be an interim facility; ali utility facilities shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer or other successor entity satisfactory to the County until such time as the County's off-site utility facilities are available to service the project. The interim treatment facilities shall supply services only to the Project or, subject to the County's approval, other lands owned by the Developer. The interim treatment facilities mav not provide service outside the Project without the written consent of the County. 3. DEVELOPER TO DISMANTLE INTERIM TREATMENT FACILITY. Upon connection to the County's off-site utility facilities the Developer shall abandon, dismantle and remove from the site the interim treatment facility.. All work related with this activity shall be performed at no cost to the County whatsoever in accordance with FDEP standards. 4. CONNECTION TO COUNTY'S OFF-SITE SYSTEM AT NO COST TO COUNTY. The Developer at no cost to the COUNTY will make connection to the County's off-site utility facilities to the County within ninety (90) days after such fhcilities become available. The cost of connection shall include, whenever the Count3, requires, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing pumping facilities, construction of new pumping facilities, interconnection with Count3' off-site utility facilities, any transmission, distribution or collection lines necessary to make the connection and any required environmental audits, including the expense of bringing the subject facilities into compliance and response costs for clean-up removal or remediation. 5. CONVEYANCE OF INTERIM TREATMENT FACILITIES NEEDED FOR CONNECTION AND OPERATION OF COUNTY'S OFF-SITE SYSTEM. At the time the County's off-site facilities 'are available for the Project to connect, all utility facilities required by the County to make the connection with the County's off-site utility facilities shall be conveyed to the Count3.' pursuant to County ordinances and regulations then in effect, together with all utility easements ~KG,~ t~r', ', T T £ I,,~,,'"'~ .o. 5]. OCT 2 3 2001 required by the County. All construction plans and technical specifications related to the connection of the County's off-site utility facilities shall be submitted to the County for review and approval prior to commencement of construction. COUNTY at its option may require conveyance of facilities internal to the project. 6. CUSTOMER TURNOVER. Ali customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when the County's off-site sewer facilities are available to serve the Project and such connection is made. Prior to connection of the interim utility system serving the Project to the County's off-site utility facilities, the Developer shall turn over to the County a complete list of customers served by the interim utility system and shall not compete in any way with the County for the service of those customers. The Developer shall also provide the County, with a detailed inventory of the facilities served within the Project and cooperate fully in the transfer of any billing procedures. 7. SYSTEM DEVELOPMENT CHARGES TO BE PAID PRIOR TO PERMIT ISSUANCE. The Developer agrees to pay all applicable system development charges at the time that Building Permits are required, pursuant to County, Ordinances and Regulations then in effect. This requirement shall be made known to all prospective buyers of properties for which building permits will be required. 8. LEASEBACK OF DEDICATED FACILITIES. The County and the Developer shall enter into a leaseback of the collection, distribution and transmission facilities to the Developer, or other utility entity satisfactoD' to the County, to allow for continued operation of the interim utility system. Such a leaseback shall be upon terms comparable to utility facilities lease agreements then entered into by the County as required by and in accordance with applicable County land development regulations and/or utility standards and procedures. Any such lease agreement shall be in a form approved by the Office of the Collier County. Attorney. 9. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. [Developer's witness and signature block - see Instruction No. 3] 52 OCT 2 3 2001 ATTEST: BOARD OF COUNTY COMMISSIONERS , Clerk OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER By: COUNTY AND AS EX-OFFICIO THE Deputy Clerk GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: , Chairman Approved as to form and Legal sufficiency Assistant County Attorney [Developer's acknowledgment and notary, block - see Instruction No. 4] STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day. before me, an officer dulv authorized in the State and County aforesaid to take acknowledgments, personally appeared , well known to me to be the Chairman of the Board of County' Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing [insert exact name of instrument] for the purposes therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this ,20 ~day of (Notarial Seal) 53 OCT 2 3 2001 Notary Public My Commission Expires: TCP/forms/10112 Form 2 - Rev. 07/00 (Performance Bond) Utilities Acceptance Documents -Doc. 320 UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that [Insert name of O~vner - See Instruction No. 2] [Insert current business address of Owner] (hereinafter referred to as "Owner". and [Insert name of Surety, - See Instruction No. 2] [Insert current business address of Surety] (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "Count)'"), in the total aggregate penal sum of [insert written dollar amount] Dollars $[insert numeric dollar amount] in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain Utilities Facilities Construction Contract, dated the [day] day of [month], 20[year], a copy of which is hereto attached and made a part hereof; and WHEREAS the County has a material interest in the performance of said Contract; and 54 OCT 2 3 2001 WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of water and sewer facilities constructed within the unincorporated area of Collier County; NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranb' period established by the County, and thereafter, and if the Owner shall satisfy ali claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repa3' the County all outlay and expense which the Coun .ty may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety., for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed there under or the specifications accompanying same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the Owner and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this day of ,20 [Owner's witness and signature block - see Instruction No. 3] 55 J OCT 2 32001 [Surety's witness and signature block - see Instruction No. 3] [Notary and acknowledgment blocks for both Owner and Surety required - See Instruction No. 4] Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] TCP/forms/10113 Form 3 - Rev. 07/00 - (Letter of Credit) Utilities Acceptance Documents - Doc. #320 IRREVOCABLE STANDBY LETTER OF CREDIT NO. [Insert issuer's identifying number] ISSUER: [insert full name and street address of Issuer] (hereinafter "Issuer"). PLACE AND DATE OF ISSUE: [insert address where credit is issued and date of issue]. PLACE OF EXPIRY: At Issuer's counters located at · [ONLY In Collier County] DATE OF EXPIRY: This Credit shall be valid until [insert date of first anniversary of date of issue], and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. 56 OCT 2 3 2001 APPLICANT: [insert full name of person or entity - see Instruction No. 2] "Applicant") [insert Applicant's current business address]. (hereinafter BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") Collier County Courthouse Complex, Naples, Florida, 34112. AMOUNT: $[insert dollar amount] (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER. CERTIFYING THAT: "[insert name of Applicant] has failed to construct and/or maintain the [identi~, type of improvements by inserting water, or sewer, or water and sewer] improvements as shown on the plans for [insert exact name or title of project shown on construction plans], or a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended, has not been performed prior to the date of expiry., and satisfactory, alternative performance security has not been provided to and formally accepted by the Beneficiary". DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under [insert name of Issuer] Credit No. [insert Issuer's number identifying this letter of credit], dated [insert original date of issue]". The original letter of credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later generally applicable) Revision] International Chamber of Commerce Publication No. 500 [or later Publication No.]. [Name of Issuer] By: {Insert title of corporate officer - must be signed 57 A~I'tl)A ITI"N .-,, .0.__ OCT 2 3 2001 President, Vice President, or Chief Executive Officer] TCP/forms/10114 NOTE: Collier County shall not accept Letters of Credit that cannot be presented in Florida. Form 4 - Rev. 07/00 (Utilities Facilities Subordination Consent and Joinder) Utilities Acceptance - Doc #320 Leave 3" blank space in upper right hand comer for recording purposes UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this [day] day of [month], [year], by [Name of Secured Part~, - see Instruction No. 2] (Hereinafter referred to as "Secured Party_"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Secured Party is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Secured Party is the owner and holder of that certain [insert the exact name of each instrument to be subordinated] recorded in Official Records Book __, Page /.. "'_' x:: OCT 2 3 2001 [insert the Official Records Book andfirst page reference for each instrument to be subordinated] et seq of the Public Records of Collier County, Florida (hereinafter referred to as "Securing Instrument(s)"), encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation, relocation and/o___rr maintenance of utility facilities over, under and/o__~r across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County. has requested that Secured Party consent to, join in and subordinate its Securing Instrument(s) to the interest that County has in the Easement Properts.' to which request Mortgagee has agreed. NOW, THEREFORE, in consideration ofTEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Secured Party does hereby consent to, join in and subordinate the lien of its security_' to the grant of that certain easement described herein over, under, and across the Easement Property.' and any interest of the County in any utility facilities located therein, thereon, or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said security interest shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Secured Party_ has caused these presents to be executed the date and year first above written. [Witness and signature block - see Instruction No. 3] [Acknowledgment and notary block - see Instruction No. 4] Prepared by: [name of person preparing this instrument] 59 No. 0CT 2 3 2001 .G. [Address of person preparing this instrument] TC P/forms/10123 Form 5 - Rev. 07/00 - (Attorney's Affidavit) Utilities Acceptance - Doc .//320 ATTORNEY'S AFFIDAVIT STATE OF [name of State] COUNTY OF [name of County.] BEFORE ME, the undersigned authori~', pe. rzana!ly on this , 19 ~, personally appeared is well known, and having been sworn and under oath, deposes and states: day of , who to me 1. My name is , I am over the age of m'enb'-one (21 .-,'ears, am otherwise suijuris, and have personal knowledge of the facts asserted herein. 2.1 am a licensed attorney, Florida Bar # , authorized to practice law' ~n Florida and am practicing law in the State of Florida. My business address is · My business telephone number is __. My business mailing address is 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of [identify type of utility facility by inserting water, or sewer, or water and sewer] utility facilities located GO OCl 2 32001 PG. (,,,, I _ within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 4.The Affiant has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary, of State relative to any Uniform Commercial Code financing statements. 5.The record owner of the real property described herein is [give full legal name of owner as it appears in title information; if owner is an entity make reference to the laws of the state or jurisdiction under which entity was created and presently operates] (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book , at Page [insert official record book and first page of instrument where owner acquired title], Public Records~ Collier County, Florida (copy attached) [If the record owner is an entity, the Affiant must indicate that he has examined corporate or parmership information obtained from thee jurisdiction under which the entity was created and presently operates, that the entity, is current and active within said State or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and identi~' the exact name and title of the persons authorized to execute the instruments on behalf of the entity in conjunction with the conveyance of the subject real and personal property.] [Pursuant to Section 689.071, Florida Statutes if the record owner is a trustee, the Affiant shall state that the Trustee has full power and authority to execute instruments of conveyance on behalf of the Trust and, if applicable, incorporate by reference and attach supporting documentation.] [If the record owner is an individual, the Affiant must state the marital status represented to the Affiant by the individual and, if married, state whether or not the individual has represented the subject real property is homestead property.] 6. [The Affiant shall state whether the subject real and personal property is encumbered of record, or is the subject of any financing statements filed in the Public Records of Collier County, Florida OCT 2 3 2001 or the Office of the Secretary of State. If the subject real or personal property is encumbered the Affiant shall specifically describe each lien, encumbrance or financing statement, citing appropriate recording information and the Affiant shall attach and incorporate by reference a copy of each lien, encumbrance, or financing statement.] 7. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. [INFORMATIONAL NOTE: Per Ordinance the date of this Affidavit must not be signed and dated more than sixty (60) days prior to the meeting at which the Board of County, Commissioners considers the acceptance of the subject utility facility documents.] FURTHER AFFIANT SAYETH NAUGHT. DATED this dav of ,20 Affiant Signature Affiant Printed Name [No witnesses required] [Nota~ block] SUBSCRIBED AND SWORN to before me this day of ,20__, by (Insert name of person taking the oath), who is personally known OR produced identification Type of Identification Produced 62 OCT 2 32001 Pr..,. ~ Notary Public My Commission Expires: Notary Printed Name Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] TCP/forms/l 0122 Form 6 - Rev. 07/00 (Owners Affidavit) Utilities Acceptance - Doc #320 OWNER'S AFFIDAVIT STATE OF [name of State] COUNTY OF [name of County] BEFORE ME, the undersigned authority, personally appeared , who to me is well known, and having been duly sworn and under oath, deposes and states: I. My name is , I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts asserted herein. 2. I am the owner of said real property located at , and legally described on Exhibit "A". 3. All persons, firms, and corporations, including the general contractor, and all subcontractors and sub-subcontractors and suppliers who have furnished services, labor or materials according to OCT 2 3 200! plans and specifications, or extra items; used in the construction or repair of [identify type of utility, facility by inserting water, or sewer, or water and sewer] utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and unconditionally accepted by the owner. 4. No claims have been made to the Owner, nor is any suit now pending on behalf of any contractor, subcontractor, sub-~ubcontractor, supplier, laborer or materialman, and no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in or on the aforesaid premises. 5. The utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement. Uniform Commercial Code financing statement, or any other encumbrance that might affect marketable title to the subiect utility. facilities and/or easement(s).. 6. As and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of Count5' Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District harmless against any lien. claim or suit by any general contractor, subcontractor, sub-subcontractor, supplier~ mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities by or on behalf of Owner. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". 64 OC'[ 2' 32001 FURTHER AFFIANT SAYETH NAUGHT. DATED this day of Affiant Signature Printed Name [No witnesses required] [Notary block] SUBSCRIBED AND SWORN to before me this day ,20 , by (Insert name of person taking the oath), Personally known OR produced identification of Type of Identification Produced Notary Public My Commission Expires: Notary Printed Name Prepared by: [name of person preparing this instrument] 65 [Address of person preparing this instrument] TC P/forms/10121 Form 7 - Rev. 07/00 (Utility Easement) Utilities Acceptance - Doc #320 Leave 3" blank space in upper right hand corner for recording purposes UTILITY EASEMENT THIS EASEMENT, granted this [day] day of [month], 4-9[year], by [Name of Grantor- see Instruction No. 2] as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install, relocate and/o~r maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. 66 OCT 2 3 2001 TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/o_xr take materials for the purpose of constructing, operating, relocating and/o__~r maintaining the subject utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. [Witnesses and signature block - see Instruction No. 3] [Acknowledgment and notary, block - see Instruction No. 4] Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] TCP/forms/l 0120 Form 8 - Rev. 01/00 (Warranty Deed and Bill of Sale) Utilities Acceptance - Doc. #~~0 Leave 3" blank space in upper right hand corner for recording purposes UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this [day] day of [month], 20[year], between [Name of Grantor - see Instruction No. 2] (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY 67 OCT 2 3 20111 AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all [identify. type of utility, facilities by inserting water, or sewer, or water and sewer] utility facilities lying within the following described land, together with appurtenant easement rights for the operation, relocation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida~ to wit: (See E.-d~ibit "A" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said utility facilities: be they realty, personalty., or mixed, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/o__r take materials for the purpose of constructing, relocating, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. [Witness and signature block - see Instruction No. 3] [Acknowledgment and notary block - see Instruction No. 4] Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] G8 OCT 2 3 21101 TC P/ks/forms/10119 [NOTE: The "BILL OF SALE" has been dispensed with, it is not needed with the revised combination Deed and Bill of Sale.] Form 10 - Rev. 01/00 - (Facilities Lease) Utilities Acceptance - Doc. #320 Leave 3" blank space in upper right hand comer for recording purposes * [Identify the type of utility facilities to be leased by inserting water or server in the title of this instrument] * FACILITIES LEASE THIS LEASE, executed this [day] day of [month], by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as the "Lessor") and [Name of Lessee - see Instruction No. 2] (hereinafter referred to as the "Lessee"). RECITALS: WHEREAS, [identify the type of utility facilities to be leased by inserting water or sewer] utility facilities lying in the lands described in Exhibit "A" attached hereto and incorporated herein by reference were conveyed to Lessor by Lessee, and the Lessor is now the owner of said facilities: and WHEREAS, the Lessee is the owner of a [identify the type of utility facilities to be leased by inserting water or sewer] treatment plant and has agreed to provide service to the [insert name of project] development (hereinafter "Project") until such time as the Lessor desires to provide treatment by means of the Lessors treatment facilities; and 69 OCT 2 3 2001 WHEREAS, the Lessee needs to have possession and use of the facilities described in Exhibit "A" for so long as it is obligated to provide interim treatment service to the Project. WITNESSETH: NOW THEREFORE, in consideration of the mutual covenants of the parties hereto, Ten Dollars ($10.00) and other good and valuable consideration exchanged among each of the parties, receipt and sufficiency of which is hereby acknowledged by each party, the parties agree as follows: 1. RECITALS INCORPORATED. The above recitals are true and correct and shall be incorporated herein. 2. LEASED PROPERTY. The Lessor shall lease to the Lessee all of the utility facilities described herein and located on the lands described in Exhibit "A". 3. TERM. The term of the lease shall be ten (10) years. At the end often (10) years, the lease shall be automatically renewed for successive five (5) year terms, unless terminated by either party as herein provided. 4. RENT. The Lessee shall pay the Lessor the sum ofTen Dollars ($10.00) per 3'ear as rent under this Agreement. Rent shall be paid upon submission of a statement by the Lessor to the Lessee, and shall be paid yearly at the offices of the Utili~ Department of the Lessor. 5. TERMINATION. Notwithstanding any other provisions of the Agreement, the parties agree that this lease shall terminate at such time as the Lessor undertakes to provide the treatment service for the Project. 6. OPERATION OF TREATMENT FACILITY. During the period of this lease, the Lessee agrees that it or a wholly owned subsidiary shall provide treatment services to the Project, provided all initial connection fees and user rates are paid. The Lessee further agrees that so long as it provides such services, it will charge utility rates approved and regulated by the State of Florida Public Service Commission. 7. STANDARD OF MAINTENANCE. Lessee shall maintain all utility facilities, including but not limited to, all transmission, collection, distribution and treatment facilities, at standards equal to the maintenance standards for comparable utility' facilities maintained by the Lessor. 70 OCT 2 3 2001 8. FACILITIES TO BE IN GOOD WORKING ORDER UPON CONNECTION TO OFF-SITE SYSTEM. Lessee shall be solely responsible to have all utility facilities subject to this Agreement in good working order and in compliance with all County, State, and Federal requirements when the facilities are conveyed to the Lessor and are connected to the Lessors off-site utility facilities. At no cost to the Lessor, Lessee shall conduct and provide to the Lessor an environmental audit, together with a written declaration from an environmental consultant acceptable to the Lessor, which verifies that the facilities subject to this Agreement are in compliance with all applicable State and Federal environmental laws, and that the facilities and property surrounding the facilities are free of unlawful contamination. The environmental consultant shall demonstrate its qualifications to the satisfaction of the Lessor prior to commencing the environmental audit. Its qualification shall be presumptively established if the project manager is a professional engineer who is registered and in good standing with the State of Florida, or a certified environmental professional by the National Association of Environmental Professionals or some other like national professional organization. The Lessors acceptance of the environmental consultant shall not be unreasonably withheld. At least ninety (90) days prior to the connection of the interim utility system to the Lessor's off-site utility system, the Lessor shall notify the Lessee to commence the environmental audit. The failure of the Lessor to give timely notice to the Lessee or acceptance by the Lessor of any interim utility, system in the absence of receipt of the negative declaration, shall not relieve the Lessee of any obligation hereunder for the cost of conducting the environmental audit, bringing the subject facilities into compliance and the response costs for clean-up, removal and remediation, if any, which shall be borne solely by the Lessee. 9. INSURANCE. Until such time as the interim utility system serving the Project is connected to the off-site utility facilities operated by the Lessor, Lessee shall provide and pay for all property damage and liability insurance for the entire utility system servicing the Project, including, but not limited to, flood damage insurance for any lift, eductor or pump station facilities. Lessee shall provide the Lessor upon each renewal of the required insurance policies or inclusion of additional facilities under this Agreement, with a Certificate of Insurance evidencing coverage for the full replacement value of the entire utility system which services the Project, and showing the Lessor as an additional insured for any interim utility facilities ultimately necessary for connection to and operation of the Lessors off-site utility system. 10. GUARANTEE BY LESSEE. The Lessee shall have the sole responsibility for repairing and/or replacement of defective materials and guaranteeing all facilities covered by this Agreement for a period of approximately one year from date of preliminary acceptance by - I-")-'T-- 71 OCT 2 3 2001 Lessor. Further, at the end of the guarantee period it shall be the sole responsibility of Lessee to prepare all facilities for final inspection by the Lessor at no expense to the Lessor. 11. BINDING EFFECT. This Lease shall be binding upon all of the parties to this Lease, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the date and year first above written. [Lessee's witness and signature block - See Instruction No. 3] ATTEST: LESSOR: , Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: , Chairman Approved as to form and legal sufficiency: Assistant County Attorney [Lessees acknowledgment and notary, block - See Instruction No. 4] 72 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing [insert exact name of instrument] for the purposes therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of sail Board. WITNESS my hand and official seal in the Count3, and State last aforesaid this ,2001 day of Notary Public (Notarial Seal) My' Commission Expires: Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] 73 OCT 2 3 2001 '7,./ TCP/forms/10117 Form 1 i - Rev. 01/00 - (Facilities Lease including Sub-Developer) Utilities Acceptance - Doc. #320 Leave 3" blank space for in upper right hand comer for recording purposes * [Identify the type of utility facilities to be leased by ~ inserting water or sewer in the title of this instrument] * FACILITIES LEASE THIS LEASE, executed this [day] day of [month], [year], by and between the BOARD OF COUNTY cOMMISSIONERS OF COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as the "Lessor") and [Name of Lessee - see Instruction No. 2] (hereinafter referred to as the "Lessee"), and [Name of Developer - see Instruction No. 2] (hereinafter referred to as "Developer"). RECITALS: WHEREAS, [identify the type of utility facilities to be leased by inserting water or sewer] utility facilities lying in the lands described in Exhibit "A" attached hereto and incorporated herein by reference were constructed and installed by Developer, and thereafter conveyed to Lessor by Developer, and the Lessor is now the owner of said facilities; and WHEREAS, the Lessee is the owner of a [identify the .type of utility, facilities to be leased by inserting water or sewer] treatment plant and has agreed to provide service to the [insert name of 74 project] development (hereinafter "Project") until such time as the Lessor desires to provide treatment by means of the Lessors treatment facilities; and WHEREAS, the Lessee needs to have possession and use of the facilities described in Exhibit "A" for so long as it is obligated to provide interim treatment service to the Project. WITNESSETH: NOW THEREFORE, in consideration of the mutual covenants of the parties hereto, Ten Dollars ($10.00) and other good and valuable consideration exchanged among each of the parties, receipt and sufficiency of which is hereby acknowledged by each party., the parties agree as follows: 1. RECITALS INCORPORATED. The above recitals are true and correct and shall be incorporated herein. 2. LEASED PROPERTY. The Lessor shall lease to the Lessee all of the utility facilities described herein and located on the lands described in Exhibit "A". 3. TERM. The term of the lease shall be ten (10) years. At the end often (10) years, the lease shall be automatically renewed for successive five (5) year terms, unless terminated by either party as herein provided. 4. RENT. The Lessee shall pay the Lessor the sum of Ten Dollars ($10.00) per year as rent under this Agreement. Rent shall be paid upon submission of a statement by the kessor to the Lessee, and shall be paid yearly at the offices of the Utility Department of the Lessor. 5. TERMINATION. Notwithstanding any other provisions of the Agreement, the parties agree that this lease shall terminate at such time as the Lessor undertakes to provide the treatment service for the Project. 6. OPERATION OF TREATMENT FACILITY. During the period of this lease, the Lessee agrees that it or a wholly owned subsidiary shall provide treatment services to the Project, provided all initial connection fees and user rates are paid. The Lessee further agrees that so long as it provides such services, it will charge utility rates approved and regulated by the State of Florida Public Service Commission. 75 0 C T 2' 3 200'1 7. STANDARD OF MAINTENANCE. Lessee shall maintain all utility facilities, including but not limited to, all transmission, collection, distribution and treatment facilities, at standards equal to the maintenance standards for comparable utility facilities maintained by the Lessor. 8. FACILITIES TO BE IN GOOD WORKING ORDER UPON CONNECTION TO OFF-SITE SYSTEM. Lessee shall be solely responsible to have all utility facilities subject to this Agreement in good working order and in compliance with all County, State, and Federal requirements when the facilities are conveyed to the Lessor and are connected to the Lessors off-site utility facilities. At no cost to the Lessor, Lessee shall conduct and provide to the Lessor an environmental audit, together with a written declaration from an environmental consultant acceptable to the Lessor, which verifies that the facilities subject to this Agreement are in compliance with ali applicable State and Federal environmental laws, and that the facilities and property surrounding the facilities are free of unlawful contamination. The environmental consultant shall demonstrate its qualification to the satisfaction of the Lessor prior to commencing the environmental audit. Its qualification shall be presumptively established if the project manager is a professional engineer who is registered and in good standing with the State of Florida, or a certified environmental professional by the National Association of Environmental Professionals or some other like national professional organization. The Lessor's acceptance of the environmental consultant shall not be unreasonably withheld. At least ninety' (90) days prior to the connection of the interim utility system to the Lessor's off-site utility system, the Lessor shall notify the Lessee to commence the environmental audit. The failure of the Lessor to give timely notice to the Lessee or acceptance by the Lessor of any interim utility system in the absence of receipt of the negative declaration, shall not relieve the Lessee of any obligation hereunder for the cost of conducting the environmental audit, bringing the subject facilities into compliance and the response costs for clean-up, removal and remediation, if any, which shall be borne solely by the Lessee. 9. INSURANCE. Until such time as the interim utility system serving the Project is connected to the off-site utility facilities operated by the Lessor, Lessee shall provide and pay for all property damage and liability insurance for the entire utility, system servicing the Project, including, but not limited to, flood damage insurance for any lift, eductor or pump station facilities. However, as between the Lessee and the Developer, it is agreed that the Developer shall reimburse the Lessee, upon demand, for any expenses associated with insuring the utility facilities subject to this lease. Lessee shall provide the Lessor upon each renewal of the required insurance policies or inclusion of additional facilities under this Agreement, with a Certificate of Insurance evidencing coverage for the full replacement value of the entire utility system which services the Project, .nd showing OCT 2 3 2001 the Lessor as an additional insured for any interim utility facilities ultimately necessary for connection to and operation of the Lessors off-site utility system. 10. GUARANTEE BY DEVELOPER. The Developer shall have the responsibility for repairing and/or replacement of defective materials and guaranteeing all facilities covered by this Agreement for a period approximately of one year from date of preliminary acceptance by Lessor. Further, at the end of the guarantee period it shall be the responsibility of Developer to prepare all facilities for final inspection by the Lessor at no expense to the Lessor. 11. BINDING EFFECT. This Lease shall be binding upon all of the parties to this Lease, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the date and year first above written. [Lessees witness and signature block - See Instruction No. 3] [Developers witness and signature block - See Instruction No. 3] ATTEST: LESSOR: , Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Approved as to form and legal sufficiency: , Chairman 77 0CT 2 3 2001 7oe Assistant County Attorney [Lessees acknowledgment and notary, block - See Instruction No. 4] [Developers acknowledgment and notaw block - See Instruction No. 4] STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me. an officer dulv authorized in the State and County aforesaid to take acknowledgments, personally appeared , well known to me to be the Chairman of the Board of County Commissioners, Collier Count3.~. Florida, As The Governing Body of Collier County. and as Ex-Officio the Governing Board of The Collier County. Water-Sewer District, being authorized so to do, executed the foregoing [insert exact name of instrument] for the purposes therein contained under authority duly invested by the Board of Count3' Commissioners. and that the seal affixed thereto is the true seal of sail Board. WITNESS my hand and official seal in the County and State last aforesaid this day of (Notarial Seal) My Commission Expires: Notary Public 78 OCT 2 3 2001 PG. 7¢ Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] TCP/forms/10116 Form 12 - Rev. 01/00 (Final Attorney's Affidavit) Utilities Acceptance - Doc.//320 STATE OF COUNTY OF BEFORE ME, FINAL ATTORNEY'S AFFIDAVIT the undersigned authority, personally on this day of ,20 , appeared , who to me is well known, and having been sxvorn and under oath, deposes and states: 1. My name is . I am over the age of twenty-one (21) >'ears, am otherwise suijuris, and have personal knowledge of the facts contained herein. 2.1 am a licensed attorney, Florida Bar # authorized to practice law in Florida and am practicing law in the State of Florida. My business address is . My business telephone number is is · My business mailing address 79 OCT 2 ,.t 2001 PG. ~'~ 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida. as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, to conduct a final inspection of [identify type of utility facility by inserting water, or sewer, or water and sewer] utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. The Affiant has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 5. The record owner of the utility facilities described herein is the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water-Sewer District (hereinafter "Count3'"). The Count' acquired its record interest by [insert exact name of each instrument] recorded at Official ?,ecords Book , at page [insert official record book and first page of each instrument where owner acquired title] [if a utility easement was also acquired continue sentence and add: together with an appurtenant utility easement recorded at Official Records Book , page ] Public Records, Collier County, Florida (copies attached). 6. Subsequent to the time that the Count3' recorded its interests in the subject utility, facilities and, if applicable, easement, as specified in paragraph 3, above, no interest of the County in the subject utility facilities and, if applicable, easement, is encumbered of record by any document filed by or on behalf of the landowner (or predecessor in title to the underlying real estate in the Public Records of Collier County, Florida, and/or the Office of the Secretary of State. 7. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date of the recordation of the recorded documents referenced herein which conveyed or granted the subject utility facilities and/or easement interests to the County. [INFORMATIONAL NOTE: Per Ordinance the date of this Affidavit must not be signed and dated more than sixty (60) days prior to the meeting at which the Board of County Commissioners considers the acceptance of the subject utility facility documents.| FURTHER AFFIANT SAYETH NAUGHT. 80 OCT 2 3 2001 DATED this day of ,20 Affiant Signature Affiant Printed Name [No witnesses required] [Notary block] OR SUBSCRIBED AND SWORN to before me this day of ,2001_, by (insert name of person taking the oath), who is personally known produced identification Type of identification produced Notary Public My Commission Expires: Notary Printed Name Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] 81 0t;'1' 2 3 2001 PG. I~ APPENDIX B - CONVEYANCE DOCUMENT CHECKLIST CHECKLIST # 1 WATER AND/OR WASTEWATER FACILITIES ACCEPTANCE PROJECT Legal Documents 1. 2. 3. Date Utilities Performance Security (UPS) __ Copy of Recorded Condominium/Homeowner's Association Documents Utilities Facilities Subordination Consent and Joinder (Required for each mortgage and other Security Interest that affects title to the facilities being conveyed is involved). UCC-I's can be subordinated by a Subordination other than UCC-3 4. UCC-1 and/or UCC-3 Forms (if not covered by Item 3) above 5. Attorney's Affidavit 6. Owner's Affidavit 7. ~ Utility Easement and Copy of the Grantor's Deed for the Associated Real Property 8. ~ Warranty Deed and Bill of Sale 9. I.D. Number or Folio Number of Propert).' 10. Facilities Lease when applicable 11. Facilities Lease (including Sub-Developer) use form 10.1 12. Final Release of Lien from Utility Contractor for the Facility(ies) constructed. 13. ~ Legal Description, if Utility Easements required, with Surveyor's Sketch of Easement. Submit four (4) signed and sealed copies of each easement. Easements not required if ali facilities are installed in existing CUE's. 14.~ Two (2) Copies of Recorded Plat 15. ~ Engineer's Final Payment Confirmation. CHECKLIST #2 82 O Cl 2 3 2001 WATER AND/OR WASTEWATER FACILITIES ACCEPTANCE Tests, Certifications and Supplemental Document~ 1. Certification of pressure testing of water mains by Engineer of Record. 2. Certification of pressure testing of sewer force mains by Engineer of Record. 3. ~ Certification of the inflow/infiltration tests for the sewer lines by Engineer of Record. 4. Bacteriological clearance (DER Certification) for water facilities and DER placement in service letter for sewer facilities and interim water and/or sewage treatment facilities, where necessary. 5. __ Lab results on bacteriological test for water mains. 6. __ Up-to-date list of customers and/or owners of individual lots. 7. __ Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements. 8. __ Payment of water usage, laboratory and administrative charges for filling and flushing and bacteriologically certifying water mains from invoice prepared by the Utilities Division. (Obtain payment data from Utilities Division Finance Department) 9. Electrical Contractor's certification on Lift Station voltage drop pursuant to National Electrical Code Specifications 10. 11. 12. 13. 14. 15. that the Utility regulations electric service wire sizing and One-year (1) warranty for work from Utility Contractor Videotape of gravity sewer facilities constructed Certification of field fire flow capacity testing by the Engineer of Record Letter from Fire District regarding ownership and maintenance of fire hydrants Lift station(s) startup report(s) Letter from Compliance Services Section certifying that the Final Inspection reveals Facilities have been constructed in accordance with County Ordinances and 83 16. Test and certification of backflow device by the Collier County Cross Connection Control Section, Collier County Utility Division prior to placement of device in service. 17. ~ Coating certification from the manufacturer or a professional testing laboratory for the manholes, wetwells and dry wells. CHECKLIST//3 WATER AND/OR WASTEWATER FACILITIES ACCEPTANCE Engineering Documents 1. Five (5) complete sets to include all utilities and all related underground work signed and sealed by the Engineer of Record for water OR sewer facilities 2. Seven (7) complete sets to include all utilities and all related underground work signed and sealed by the Engineer of Record for water AND sewer facilities. 3. One (1) set of reproducible mvlars of record drawings. 4. Verification of final cost (detailed: quantities, sizes, unit cost, total cost, etc.) 5. For all computer generated construction documents, one (1) disk of the master site plan including CUEs and water and/or wastewater facilities. The disk shall be in accordance with Utility Division's layer standards and file format. 6. Certification of completion, placement into service, and other documents required by regulatory agencies. 84 OCT 2 3 2001 Date: APPENDIX C UTILITY DEVIATION FORM Please print and complete the Deviation Form and mail it to Joseph Cheatham, Wastewater Department, or Paul Mattausch, Water Department, at: 3301 Tamiami Trail East Building H, 3rd Floor Naples, FL 34112 DEVIATION FORM Petitioners Request Attach Plan or Drawing Site Development Plan Number (SDi~) required Subdivision Improvement Number required Name & Location of Project: Contact Name & Business Phone # Fax # 85 Reason for request? How does this request differ from Ordinance? Impact of this request on affected area? Impact of this request on the maintenance of the Water/Wastewater systems? Explain benefits this request will have to the operation or maintenance of the Collier County Utility system: Additional Comments: 86 .3200. [ Routing: Water Distribution Supervisor(s) Water Director Wastewater Collections Supervisor Wastewater Director Approve: Approve: Approve: Approve: Authorizing Signature: ColLier County Water Director Authorizing Signature: CoLlier County Wastewater Director Copy to: Engineering Review & Inspections Public Utilities Administrator Wastewater Collections and Water Distribution Disapprove: Disapprove: Disapprove: Disapprove: Date: Date: 87 0CT 2 3 2001 EXECUTIVE SUMMARY AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 80-45, THE RETREAT U-NIT ONE STREET LIGHTING MUNICIPAL SERVICE TAXING DISTRICT (MSTU); PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To enact an ordinance repealing Ordinance No. 80-45, The Retreat Unit One Street Lighting Municipal Service Taxing Unit (MSTU), and authorize refund of accrued monies to property owners. CONSIDERATIONS: The Retreat Unit One Street Lighting MSTU was created by request of the developer and in accordance with Collier County Subdivision Regulations in place at that time. In accordance with the enacting ordinance, taxes were collected for this MSTU in its first year. Upon providing authorization to the utility company to install the streetlights, staff discovered that the developer had already installed streetlights. That being the case, staff attempted to close out this fund. Management recommended keeping the fund status quo in the event The Retreat Homeowner's Association wanted to have the County take over maintenance of the lights since an MSTU was in place. Staff has received no requests from the property owners or their homeowner's association(s) for the County to take over this MSTU for maintenance, and staffs attempts to initiate dialog with same have failed. Therefore, it is recommended that the enacting ordinance be repealed, thereby deleting the MSTU from the tax rolls. .C~SCAL IMPACT: No further taxes have been collected, but the fund has been earning '..~3 ~ C~'the total of The Retreat Fund (781)is $23,406.44. There are 190 parcels in the subdivision. The fund will stop earning interest on September 30, 2001, and the total will be recalculated prior to refund checks being prepared. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt an Ordinance repealing Collier County Ordinance No. 80-45, The Retreat Unit One Street Lighting MSTU, authorize refund of collected monies to the property owners, and approve any budget amendments that might be necessary to accomplish this task. SUBMITTED BY: REVIEWED BY: APPROVED BY: 3tarauit4,,3 E dw(5~d/7 / ant, .F~~pc~rtation Operations Director :edeg, AICP, Transportation Administrator DATE: 9/19/01 7/ A G E bji)~'I'iIwEJ~ OCT 2 3 2001 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 40 41 42 43 ORDLNANCE NO. 2001 AN ORDINANCE KEPEALn',IG COLLIER COUNTY ORDINANCE NO. 80-45, THE RETREAT UNIT ONE STREET LIGHTING MUNICIPAL SERVICE TAXING DISTRICT (MSTU); PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE, WI-IEREAS, The Retreat Unit One Street Lighting MSTU was created by Collier County. per developer request m accordance with sUpulations set forth in the Collier County. Subdivision Regulations: and WHEREAS, the developer of The Retreat Umt One had street lighUng installed within the subdivasion after subrmttmg the request to Collier County.: and Vv2-tEREAS, neither the property owners tndiV~dually nor The Retreat Homeowner's Association have shown any interest m hamng Collier County manage the street lighung system. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COLq'4TY COMMISSIONERS OF COLLIER COL'NTY. FLORIDA that: SECTION ONE: tLEPE?uL THE RETREAT L .T'NTi' ONE STREET LIGHTING ORDINANCE NO, 80-45 Collier Count3., Ordinance No. 80-45, which created The Retreat Unit One Street Lip, hUng MSTU, repealed in ~ts enm'ew. SECTION TWO: INCLUSION IN TH2E CODE OF LAWS AND ORDINANCES The prov~smns of this Ordinance shall become and be made a part of the Code of Laws and Orahnances of Colher County, Ftonda. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "secnon", "amcle", or an3, other appropriate word. SECTION THSLEE: CONTLICT .auND SEVERAB[LITY In the event thts Ordinance conflicts w~th any other ordinance of Colher County or other apphcable iaw, the more resmcuve shall apply, if any court of competent jUnsdmuon holds any phrase or portion of the Ordinance invalid or unconstimuonal, such pornon shall be deemed a separate, &stinct and independent promsmn and such holding shall not affect the validity, of the remaimng portion. SECTION FOL'R: EFFECTIVE DATE Tlus Ordinance shall take effect upon filing w~th the Secretary of State, P?.SSED AND DULY ADOPTED by the Board of County Comrmssmners of 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: Heida F. A~shton Asslslant County Attorney BY: JAMES D. CARTER Ph.D., Chairman AGENDA ITF_~ OCT 2 3 200!