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Agenda 11/13/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 13, 2001 9:00 a.m. 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 November 13, 2001 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend George Lockhart, First Baptist Church of Golden Gate B. Swearing-in of new Commissioner by Judge Brousseau. 2. AGENDA AND MINUTES A. B. C. D. E. F. G. H. October 15, 2001 -Workshop I. October 16, 2001 - Workshop J. October 23, 2001 - Regular Meeting K. October 24, 2001 - Special Meeting 3. PROCLAMATIONS A.National Epilepsy Awareness Month for November. Pizza, Chairman, via U.S. Mail. B.Farm-City Week for the Week of November 16-22. Santee. C. Approval of today's regular, consent and summary agenda as amended September 25, 2001 - Regular Meeting September 26, 2001 - Workshop October 3, 2001 - Value Adjustment Board October 8, 2001 - Value Adjustment Board October 9, 2001 - Regular Meeting October 10, 2001 -Special Meeting To be accepted by Jerry To be accepted by David America Recycles in Collier County on November 15, 2001. To be accepted by Denise Kirk. SERVICE AWARDS Five-Year Attendees: 1) Kenneth Haberkorn, Emergency Medical Services 2 November 13, 2001 2) Crista Cavenago, Emergency Medical Services 3) John Riesen, Public Services 4) William Sims, Fleet Management Ten-Year Attendees: 5) Anthony Duesterhoeft, Fleet Management Twenty-Year Attendees: 6) Polly Currie, Social Services 5. PRESENTATIONS A. Presentation of the County Champion Award from the Florida Association of Counties to Rep. Dudley Goodlette (R-76). 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics B. Public Petition to reconsider requirements placed on Keystone regarding development in Little Palm Island. 7. BOARD OF ZONING APPEALS A. THIS ITEM HAS BEEN CONTINUED TO THE NOVEMBER 27~ 2001 BCC MEETING. Petition SV-2001-AR1265, Bo Gallagher, representing Ridgestone/Firestone Inc. requesting a 5-foot variance from the required 150- foot road frontage for a pole sign to 145 feet for a property located on 5495 Airport Road North in Section II, Township 49 South, Range 25 East, Collier County, Florida. The property is an outparcel of the Bed, Bath and Beyond Shopping Center. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure b-" provided by Commission members. Review and approval of 2001 Growth 3 November 13, 2001 Management Plan amendments for transmittal to the Department of Community Affairs. B. THIS ITEM WAS CONTINUED FROM THE OCTOBER 23~ 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure b~ provided by Commission member~_ Petition PUDA-2001-AR-500, R. Bruce Anderson, Esquire, of Young, VanAssenderp, Varnadoe and Anderson, P.A., representing the Skinner and Broadbent Development Company, Inc., contract purchaser, requesting to repeal the current Falling Waters Beach Resort PUD and to adopt a new PUD for the purpose of adding self-storage (SIC #4225) to the list of permitted uses and removing some of the permitted uses including restaurants, fast food restaurants, food markets and automobile service stations from the community commercial tracts of the PUD, the subject property is located in the East side of Collier Boulevard (CR-951) approximately 400 feet North of Tamiami Trail and Collier Boulevard Intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, the Falling Water PUD consists of 74.37 acres, the Community Commercial Tracts consist of 4+ acres. C. This item requires that all participants be sworn in and ex parte disclosure bc provided by Commission members. Petition RZ-2001-AR-1376, Carlos Morales of La Quinta Homes of SW Florida, Inc., requesting a rezone from its current zoning classification of "RSF-3" Residential Single Family Zoning District to "RMF-6" Residential Multi-Family District for a property located at 5211 24th Avenue SW in Golden Gate City and is further described as Lot 1, Block 194, Golden Gate Unit 6, Section 21, Township 49 South, Range 26 East, Collier County, Florida. This site consists of 12,500 square feet. D. Consideration and adoption of a Resolution establishing new county commission district boundaries, pursuant to Chapter 124, Florida Statutes, and the Florida Constitution. E. THIS ITEM WAS CONTINUED FROM THE OCTOBER 23, 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. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Board of Building Adjustments and Appeals. B. Appointment of member to the Affordable Housing Commission. 4 November 13, 2001 C. Appointment of member to the Golden Gate Beautification Advisory Committee. D. Appointment of members to the Public Vehicle Advisory Committee. E. Appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. F. Discussion regarding County Manager Ordinance. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT A. Recommendation to confirm the appointment of John Dunnuck to the position of Public Services Administrator. (Thomas W. Olliff, County Manager) B. Report to the Board of County Commissioners regarding designation of site for future County branch museum on Marco Island. (Leo E. Ochs, Jr., Assistant County Manager) C. Review and approve the appropriate invoices regarding the advertising and promotion of Collier County Nationally and Internationally and find a public purpose has been served. (John Dunnuck, Acting Community Development Administrator) D. Authorize funding to create the Hearing Examiner and Community Liaison Positions. (John Dunnuck, Acting Community Development Administrator) 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board determine whether to pay the reasonable attorney's fees and costs incurred by County employees charged with criminal violations in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant if such employees proceed through pretrial diversion and the charges now pending against them are dismissed. B. Hispanic Affairs Advisory Board recommendation for Adoption of a Resolution requesting dialogue between Immokalee Growers and Farm Workers. 5 November 13, 2001 13. OTHER CONSTITUTIONAL OFFICERS A. THIS ITEM TIME CERTAIN FOR 10:00 A.M. Award RFP 01-3257 Direct Recording Electronic Vote Tabulation System. B. THIS ITEM TO BE HEARD AS FIRST REGULAR AGENDA ITEM. Presentation regarding community wide security improvements. (Don Hunter, Collier County Sheriff) 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) CARNY-2001-AR-1673, Pastor Ettore Rubin, C.S., of Our Lady of Guadalupe, requesting a permit to conduct a carnival/festival on November 21 through 25, 2001 on their property located at 207 South 9th Street to raise funds for the operation of the Church and community programs in Immokalee. 2) Adopt Resolutions enforcing liens on properties for Code Violations. 3) Approve Rules and Regulations relating to the Code Enforcement Board. 4) Approval of an Agreement with Task Force for the Homeless (DBA St. Matthew's House) to undertake infrastructure construction to support four (4) special needs apartment buildings using $224,160 of the County's Community Development Block Grant (CDBG) funding, the Board of County Commissioners approved this project as a part of the County's Consolidated Plan FY01-02 One-Year Action Plan on May 8, 2001. 5) Approval of an agreement with Collier County Housing Authority to undertake Infrastructure Construction to support 40 single family home sites in Immokalee using $213,000 of the County's Community Development Block Grant (CDBG) funding, the Board of County Commissioners approved this project as a part of the County's Consolidated Plan FY01-02 One-Year Action Plan on May 8, 2001. 6) Assignment Agreement for Easement for Tiburon Boulevard Extension. 7) To authorize Chairman to execute the mortgages consent as shown on the plat for Habitat Village. 6 November 13, 2001 8) Assignment Agreement for Easement for Escada at Tiburon. 9) Assignment Agreement for Easement for Pelican Marsh, Unit Twenty-Five. 10) Final Acceptance of Water and Sewer Utility Facilities for Osprey Pointe at Pelican Marsh, Unit Seventeen. 11) Board of County Commissioners servinq as the Communitv Redevelopment Aqencv. Recommendation that the Community Redevelopment Agency direct staff to initiate amendments to the Bayshore Drive Mixed Use Zoning Overlay to further promote redevelopment in the area. 12) Approval of the expansion of a full-time investigator for the Immokalee Area. 13) Request for approval and funding of an Administrative Assistant position to bolster the Impact Fee Administration and Cashiering Sections at the Collier County Development Services Center. 14) THIS ITEM WAS CONTINUED FROM THE OCTOBER 23~ 2001 BC~ MEETING. Request to approve for recording the Final Plat of "Berkshire Commons Parcel 1, 2, and 3." 15) Approval of an agreement with Lee County Electric Cooperative, Inc., to undertake installing approximately 40 streetlights and poles in locations designated by the Collier County Sheriff's Office and Area Task Force in Immokalee using $48,000 of the County's Community Development Block Grand (CDBG) Funding. The Board of County Commissioners approved this project as a part of the County's Consolidated Plan FY01-02 One-Year Action Plan on May 8, 2001. B. TRANSPORTATION SERVICES 1) Award a Professional Engineering Services Contract No. 01-3216 to Woods Hole Group for the design and permitting of Haldeman Creek Basin Restoration-Collier County Project No. 31011. 2) Approve a Budget Amendment in the Pelican Bay Security Fund to replace patrol cars. 3) Request approval to assist the City of Everglades City with the use of a Jet-Vac and a guardrail repair. 4) Award of Bid 01-3278 "Roadway Paint, Thermoplastic Markings, and Raised Pavement Markers". 7 November 13, 2001 5) Approve Change Order No. 6 for the construction contract No. 00-3054 Pine Ridge Road/CR896 widening (to six lanes), from Airport-Pulling ~-~ Road/CR31 to Logan Boulevard, Project No. 60111; CIE No. 41. 6) Approve Work Order No. BOC-FT-02-01 with Bonness, Inc., for intersection improvements on Pine Ridge Road, Project No. 60049. 7) Recommendation that the Board of County Commissioners Award Bid #01-3284 for Clam Bay Maintenance Dredging to Florida Dredging and Dock, Inc. 8) Approve the purchase of two new vehicles for the Transportation Division for CAT Services and approve the necessary budget amendments. 9) Approve a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to provide for the Department's participation in the Countywide Paved Shoulders Project. C. PUBLIC UTILITIES 1) Approval of a Budget Amendment to recognize additional carry forward and decrease reserves in the Naples Production Park Fund. ~. 2) Approval of Contract HW484 with the Florida Department of Environmental Protection (FDEP) to participate in the Enhanced Small Quantity Generator Pilot Program. 3) Certify financial responsibility for North County Water Reclamation Facility Deep Injection Wells, Project 73948. 4) To approve under RFP 01-3271 three fixed term Coastal Zone Management Professional Engineering Service Contracts. 5) Adopt a Resolution authorizing the acquisition by gift or purchase of non- exclusive perpetual utility interests by easement for the construction of pipeline and water well sites required for the Collier County Water-Sewer District Golden Gate Reliability Expansion, Project 70066. 6) Accept Utility Easements for Construction of a reclaimed water main along Vanderbilt Beach Road between Airport-Pulling Road and future Livingston Road. 7) Adopt a Resolution and approve an agreement for the even exchange of land between Collier County and the District School Board of Collier County. 8) Approve Committee Selection of Firms for Contract #01-3283 "Beach Cleaning Equipment". 9) Approve Budget Amendment for funding of Lake Trafford Restoration. 8 November 13, 2001 D. PUBLIC SERVICES 1) Approval of the Annual Contract between Collier County and the State of Florida Department of Health for Operation of the Collier County Health Department. 2) Request that the Board of County Commissioners approve a Budget Amendment for South Marco Beach Access Restroom Facility. 3) Request that the Board of County Commissioners amend the contract with Recreational Facilities of America at Tigertail Beach. 4) Approve a Lease Agreement between Collier County and Copeland Baptist Mission for the continued use of property for a neighborhood park. E. ADMINISTRATIVE SERVICES 1) Approve a Lease Agreement between Collier County and Jeanne L. Noe for the Sheriff's Office Maintenance Facility on Arnold Avenue. _ 2) Approve American LaFrance Medicmaster Corporation as the vendor to refurbish ambulances to meet new State Ambient Air and Drug Temperature Control Requirements, add Safety and Patient Comfort Features and perform paint and body work. 3) Approve purchase of five (5) medium-duty Advanced Life Support "Medicmaster" Ambulances from American LaFrance Corporation using Florida Sheriff's Association and Florida Association of Counties Bid 01- 09-0905, and approve Budget Amendment to cover price increase of ambulances. 4) Award of RFP 01-3267 for Complete Signage Services for Collier County, covering outdoor building/park signs, special event banners, indoor/outdoor plaques, door signs and miscellaneous sandblasted signs. 5) Approve Amendment #1 to Contract 00-3038 - Disaster Recovery Services. 6) Recommendation for the Board of County Commissioners to waive formal competition and allow departments to purchase building materials and lumber. 7) To re-appropriate $6,350 previously approved in Fiscal Year 00-01 from the GAC Land Trust to allow the Golden Gate Fire Control and Rescue District to purchase miscellaneous equipment for the Community Emergency Response Team (C.E.R.T.) Program. 9 November 13, 2001 8) 9) 10) 11) Recommendation to establish a temporary Central Mail Receiving Facility for various County Agencies. Approve Amendment No. 4 for Architectural Services for the design of the expansion and renovation of the Naples Jail Center, RFP #98-2867. To appropriate $50,000 from General Fund Reserves for Professional Lobbyist Services. Approve a Part-Time Clerical Position in the Retired and Senior Volunteer Program (RSVP). F. EMERGENCYSERVlCES 1) Approval of a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Department. 2) To authorize the Chairman to sign State of Florida EMS Matching Grant Applications. 3) Approval to purchase a wireless local area network for Emergency Medical Services Dispatch from DTNET, Inc., using State of Florida Contract #250-040-99-1. 4) This item has been deleted. 5) Approval of a Lease Agreement between Collier County and Nextel Corporation for the installation of a Communications Tower at EMS Station 17 on Golden Gate Boulevard. 6) Approve an Interlocal Agreement-MOU between Collier County and the East Naples Fire Control and Rescue District. 7) Approve an Interlocal Agreement between North and East Naples Fire Control and Rescue Districts and Collier County for the Acquisition of Land and the Construction and Operation of a Joint EMS and Fire and Rescue Facility in Grey Oaks; and approve an Easement Agreement between the District School Board of Collier County, North and East Naples Fire Control and Rescue Districts and Collier County; and approve a Purchase Agreement between the Halstatt Partnership, North and East Naples Fire Control and Rescue Districts and Collier County; and approve a Donation Agreement between the Halstatt Partnership and Collier County. 8) Approve the purchase of equipment necessary to convert a 5 ton Mack Truck to a Fire Service Brush Truck, designate Elite Fire and Safety Equipment Inc. as sole source vendor, and approve Budget Amendments to transfer and appropriate funds from Reserves for contingencies. 10 November 13, 2001 COUNTY MANAGER 1) Approval of a Budget Amendment Report - Budget Amendments #02-034; #02-035; #02-049; #02-050. AIRPORT AUTHORITY 1) To establish cash management policies for Airport Authority Operations and Capital Projects. BOARD OF COUNTY COMMISSIONERS 1) Confirmation of appointment of members to the Workforce Advisory Committee. Housing 2) Commissioner request for approval for payment to attend function serving a valid public purpose. (Commissioner Carter) J. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 92- 9232-MMA; 92-10312-MMA; 94-1412-CFA; 96-978-CFA; 96-1045-CFA, 97- 1448-CFA; 97-1630-CFA RECOMMEND APPROVAL. K. OTHER CONSTITUTIONAL OFFICERS 1) Request that the Board of County Commissioners elect to include a Financial Audit of the Board Agency in the County's Comprehensive Annual Financial Report as is required of each of the Constitutional Officers. 2) Recommendation to adopt the Budget Amendment appropriating Carryforward and Expenditure Budgets for Open Purchase Orders at the End of Fiscal Year 2001. 3) Recommendation that the Collier County Board of County Commissioners endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 4) Request Board authorization and expenditure of funds for the purchase of mobile data infrastructure for implementation of the mobile data project. 11 November 13, 2001 L. COUNTY ATTORNEY 1) Request by the Housing Finance Authority of Collier County for approval of Resolutions authorizing the Authority to issue multi-family housing revenue bonds to be used to finance qualifying apartment projects. 2) Request by the Housing Finance Authority of Collier County for approval of a Resolution authorizing the Authority to issue multi-family housing revenue bonds to be used to finance the acquisition of the Goodlette Arms Apartments by a non-profit corporation. 3) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 247 and 247T in the Lawsuit entitled Collier County v. Tony Barry et al, (Golden Gate Boulevard, Project No. 63041). 4) Approve the Agreed Order awarding Expert Fees and Costs relative to the Easement Acquisition of Parcel 30T in the Lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al, Case No. 99-3040-CA (Livingston Road, Project No. 65041). 5) Recommendation that the Board of County Commissioners approve the expert fees associated with the Acquisition of Parcels 703A, 803A, & 803B in the Lawsuit entitled Collier County v. Naples Italian American Club, Inc., et al, Case No. 98-1672-CA-01 (Airport Road Six-Laning Project from Pine Ridge Road to Vanderbilt Beach Road, Project No. 62031). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. THIS ITEM WAS CONTINUED FROM THE OCTOBER 23~ 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2001-AR-620, Anita L. Jenkins, AICP, of Wilson Miller Inc., representing Longbay Partners, L.L.C., requesting a rezone from "A" Rural Agricultural and "PUD" to "PUD" Planned Unit Development known as Mediterra having the effect of increasing acreage from 954+ acres to 1168+ acres, 0.64 units per acre, for property located approximately one mile West of 1-75 along the North side of the Livingston Road East/West Corridor in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2001-AR-1050, Greg Jeppesen, P.E., of Jeppesen Engineering Corporation, representing Michael G. laconelli and 12 November 13, 2001 Joan laconelli, requesting a rezone from "C-4" to "C-4" to remove a restriction for access for property located on the East side of U.S. 41 East, between Martin Street and Broward Street, further described as the South ~,~ of Lot 5, and Lot 6, Block 1, Naples Manor Lakes, in Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting of 0.85 acres+. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition VA-2001-AR-1311, John Enlow representing Adam Hubschman requesting a one-foot after-the-fact variance from the required side yard setback of 7.5 feet to 6.5 feet for the East side and a 0.4 foot after-the-fact variance from the required side yard setback of 7.5 feet to 7.1 feet for the West side of a single-family residence for a property located at 1097 Frank Whiteman Boulevard and is further described as Lot 9, Block "C", North Naples Highlands, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-2001-AR-990, Robert L. Duane, Hole Montes, Inc., representing Big Corkscrew Island Fire Control District requesting the approval of a Conditional Use for a fire section on a parcel of land zoned "E" Estates District, the subject property is located at the intersection of Immokalee Road and Everglades Boulevard and is further described as Tract 129, Golden Gate Estates Unit 47, this parcel consists of approximately 4.7 acres. E. Adoption of a Scrivener's Error Ordinance to correct Ordinance No. 2001-54, Amendments to the Consolidated Impact Fee Ordinance. F. Amend the State Housing Initiatives Partnership (S.H.I.P.) Down Payment Closing Cost Assistance Program for First-Time Homebuyers. THIS ITEM HAS BEEN CONTINUED TO THE NOVEMBER 27~ 2001 BCC MEETING. Petition RZ-2001-AR-1208, William L. Hoover, AICP, of Hoover Planning and Development, Inc. representing Larry J. and Marcy A. Gode requesting a rezone from its current zoning classification of "C-3" Commercial Intermediate Zoning District to "RMF-6" Residential Multi-Family District for a property located on the North side of 109th Avenue North approximately 275 feet West of Tamiami Trail North and is further described as Lot 9, Block 2, Naples Park Unit 1, Section 28, Township 48 South, Range 25 East, Collier County, Florida. This site consists of 6750 square feet. Ho THIS ITEM WAS CONTINUED FROM THE NOVEMBER 13~ 2001 MEETING AND IS FURTHER CONTINUED TO THE NOVEMBER 27~ 2001 BCC MEETING. 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. 18. ADJOURN 13 November 13, 2001 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 14 November 13, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 13, 2001 CONTINUE ITEM I(B) to November 27, 2001 Meeting: Swearing in of new Commissioner by Judge Brousseau. (Staff request.) CONTINUE ITEM 8(E) to November 27, 2001 Meetinq: This item was continue from the October 23, 2001 BCC 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.) ADD ITEM 10(E): Request approval of a Work Order for Bonness, Inc. for the Bluebill Avenue sidewalk construction. (Staff request.) DELETE ITEM 16(B)6: Approve Work Order No. BOC-FT-0201 with Bonness, Inc., for intersection improvements on Pine Ridge Road, Project No. 60049. (Staff request.) CONTINUE ITEM 16(C)8: Approve Committee Selection of Firms for Contract #01-3283 "Beach Cleaning Equipment". (Staff request.) ADD ITEM 16(C)10: Approve payment for emergency sewage pumping during the connection of a relocated 24" wastewater force main on U.S. 41, Project 73045. (Staff request.) CHANGE TO ITEM 16(D)1: The contract includes $250,000 for the School Nurse Program. Due to recent Board approval of an interlocal agreement with the Collier County School Board, the funds for the School Nurse Program will be remitted directly to the School Board. The contract with the Public Health Unit will be reduced by $250,000. (Staff request.) ADD ITEM 16(F)9: Approve a lease purchase agreement between Collier County, Florida and Ford Motor Credit Company for the purchase of a 2001 Ford Expedition by the Ochopee Fire Control District. (Staff request.) PROCLAA~A TION WHEREAS, WHEREAS, WHEREAS, WHEREAS. WHEREAS. E~lepsy, also known at Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writing; and, as long as 400 B.C., Hippocrates, the Father o£ lArd/tine, ~epudioted ancient beliefs ~ha~ Epilepsy was a vid~adon Yearn ~he 9od$ and sacred or ~ha~ H wo~ a curse Y~m ~he 9ods di~o~er held p~phedc powers. ~ippocra~es believed ~ha~ Epilepsy was a brain di$o~er; and, a $ei~re i~ a ~udden, brief a~ack acHvi~ or senso~ phenomena. ~ is a ~n tha~ certain brain ce/is (neumn$} ore di~cha~/n9 an excemive amount aY electrical impulses; and, ~pilepxy con be caused by inju~ to the herin, lock of o~9en ~t birth, brain ~mor, in~ction and brain th~xe co$e$, the cauxe i$ unknown; and, ~p//epay can affect anyone, at any age and at any ?i~e; on~ mo~ than two m/ilion Americans are a~f/icted with some ~pe Epilepsy. Of this number, 150,000 a~ F/or/da residents: and, with drugs, fWD thirds (66.66~) of those and, lack to age oM myths, the worse than the WHEREAS, WHEREAS. them workers in job and, past thirty the Pcs and, to the iEpi/epsy needs to 9ire NOW THEREFORE, be it County, ~ommissioners of Co/I/er be designated as NATIONAL EPILEPSY AWARENESS/~ONTH. DONE AND ORDERED THIS 13th Day of November 2001 BOARD OF COUNTY COmmISSIONERS COLLIER COUNTY, FLORIDA A TTE$ Tt ~A/~E$ D. dARTER, ~h.D., CHAIRMAN DWIGHT E BROCK, CLERK No._. Dt \ //- / $ o ,~/ Pg._ \ -- PROCLAt~A TION WHEREAS, November I6 through 22/s National Farm-C/h/ Week, a time set as/de to recognize and honor the contributions of our county's agriculturists and to strengthen the bond between urban and rural citizens; and, WHEREAS, /n Cailler County the h/ghpo/nt of Farm-C/h/ Week/s the annual Farm-Cih/ Barbecue, sponsored through the efforts of Cailler County's Univers/hi Extension Service, Collier County Farm Bureau, the Barton Collier Companies and the Go/den Gate, Immoka/ee and Naples Area Chambers of Commerce; and, WHEREAS, agriculture/s an important dement/n Co/h'er County's economic machine, with total economic activ/h/ of over ~$00 m/l/lan annual/y; and, WHEREAS, Collier Counh/ ranks 21" notionally out of the nation's 3,150 count/es in total value of crops sold; and, WHEREAS, the Board of Counh/ Commissioners supports local agriculture through programs including cooperation with the University of Florida's Cooperative Extension Service: and, WHEREAS, we encourage all citizens to pause and recognize the contributions of our local farmers and ranchers to our economy, our food supply and our socie hi. NOW THEREFORE, be it proclaimed by the Board of County Commissioners, that on behalf of the citizens of Collier County, great appreciation and honor is owed to all of this county's agricultur/sts, and that November I6 through 22 be des/gnated OS FARt4 CITY WEEK DONE AND ORDERED THIS 13th Day of November 200I. BOARD OF COUNTY CO~t~ISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK. CLERK ,TAtAES D. CARTER, Ph.D., CHAIRI4AN ?ROCLA,ffA T£ON WHEREAS. as we look forward to Thanksgiving, our annual celebration of America's great bounty, it is appropriate to observe America Recycles Day and focus on how to preserve that bounty for the benefit of future generations; and, WHEREAS, reducing waste, recycling waste and purchasing products made from r¢cyclabJe materials are among the easiest and most effective measures every American can take to conserve our resources and create a cleaner environment; and, WHEREAS, buying recycled products conserves resources, reduces water and air pollution and greenhouse gas emissions, and saves energy; and, WHEREAS, while beneficial for the environment, the recycling process is good for our economy as W?I[ bypromoting the development of markets ~4~, America ~i~ bat fi¢IPS '~ 'f6U~it.~~hvir~nm~ntel ~nd community orgam~ business all ~v¢ls of gov~rr ~t"~S partners ih ti ,cycling NOW THE'~ be/~ Co,~er Count, F/or/da, that November 15. ' ~;':;': ~CA REC~CL~'S 6AY ~ COLLIER DONE/ND ORDERED" Commissioners of designated A TTE$7': uTAIHE$ D. CARTER, Ph.D., CHAIRMAN DW£GHT E BROCK, CLERK NOV 1 3 2001 COLLIER COUNTY MANAGER'S OFFICE November 5, 2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Ms. Paula J. Davis Keystone Custom Homes, Inc. 24860 Burnt Pine Drive Bonita Springs, FL 34134 Re: Request for Public Petition to Reconsider Requirements placed on Keystone Regarding Development in Little Palm Island. Dear Ms. Davis: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 13, 2001, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager ~" TWO:jeb cc: Mr. Thomas Garlick, Garlick, Stetler & Peeples David VVeigel, County Attorney John M. Dunnuck, III, Interim Administrator, Community Development AGENDA No.____Z.C_L~ . f U¥ 3 2001 Pg. · ' NOV-05-2001 NON 10:22 AM 6ABLICK STETLER PEEPLES FRX NO, 9415976984 O2 Arduur SR~enb erg Homes ¥~a F~CSII~L£ (774-4010} & ~C~L~R U_.S. Mr. Thom~ Olliff Collier County Manag~ Administration Building F Napt~, ~L 34112 Re: ~zlo P~ hl~ST 99-03 Th~ p~ose of;Ms le~ is to rcqucs~ a place on ~hc S~L 11 2~1 ~OCC Ag~da ~dcr Public P~i~ons. We wo~d like to Pc62on ~hc Bo~ to r~;.sid~ ~he ~ent pl=~ on K=y~= a~ ~ Febm~ I3, ~001 he~g ~ng o~ in~nded d~elopm~ in P~m ~v~ ~al p~t prior w a Board's decision o~ ~e ST P~i: ~ad lo brag ~1 mauc~ ~ck for a thc ~c ~e, We Mvc developed a rc~sed si~ pl~u ~ is l~s intc:uive, ~ i lower d~, ~d wMch d~cate mo~ a~age lo gopher to~i~ habkat, which h~ ~ a conc~. W~ ti~ th~ oppo~W ~o i~o~ ~e Bo~ of~e new pl~ ~ reque~ ~ fum~ h~ ~t~ for ~e Bo~d ~o fo~y r~o~id~ ~c P~tion. ~ ~ our ~ues~ for ~ Public P~ifi~n you wi~ help to ~ o~ fmmci~ gsk by ~w you ~e w~E a~ of ~ ~dous exp~e ~wlvcd in ~fion of a ~ c~c6on pl~. II is vcW ~1 to rcq~ke ~uch t~ doc~t~iou when o~ a~mv~ p~co~di~io~ ~. ~ ~s c~ we r~re ~o~h ~ ST P~t ~d preh~ site pl~ approvM before it i~ ~o~blc for ~ to inc~ ~eie cos~, w~ would be wast~ if prc-aFprovals w~r~ denied. Thank you for yo~ con~id:.~do= convenience. We look Mrward zo your ~ply a: your csrl~t V~/truly your!, KEYSTONE CUSTOM FIOIVXES, ExlC. Paula J. Davis NOV 1 3 2001 Pg' ~?x EXECUTIVE SUMMARY PUBLIC HEARING FOR THE 2001 GROWTH MANAGEMENT PLAN AMENDMENTS OBJECTIVE: For the Board of County Commissioners to review the 2001 Amendments to the Collier County Growth Management Plan and consider approving said Amendments for transmittal to the Florida Department of Community Affairs. CONSIDERATION: · Chapter 163, F.S., provides for an amendment process for the adopted County Growth Management Plan. · Resolution 97-431 provides for a public petition process to amend the Plan. · The CCPC held their transmittal hearing on October 18, 2001. · This transmittal hearing considers amendments to the following Elements of the Plan: 0 Future Land Use Element 0 Golden Gate Area Master Plan FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of these amendments to the Growth Management Plan. GROWTH MANAGEMENT IMPACT: Approval of these Amendments by the Board of County Commissioners for transmittal to the Florida Department of Community Affairs will commence the Department's ninety (90) day review process and ultimately return these Amendments to the Planning Commission and the Board of County Commissioners for a final adoption heating. ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHAEOLOGICAL IMPACT: The amendments to the Growth Management Plan do not contain lands identified as being in areas of historical or archaeological probability. EAC RECOMMENDATION: Comprehensive Plan amendments are not reviewed by EAC. CCPC RECOMMENDATION: See recommendation provided below each petition. PLANNING SERVICES STAFF RECOMMENDATIONS: See recommendation provided below each petition. At the CCPC hearing, staff noted general text changes were needed to all five petitions, for clarification and format purposes, and that these changes were not substantive in nature. The CCPC had no objection and incorporated this in their motion. Also, three of these petitions establish a new Subdistrict in the FLUE, which necessitates certain "house-cleaning" ~11 changes. The text contained in the exhibits to the transmittal Resolution incorporz changes plus those made at the CCPC hearing. NOV 13 2 101 1. PETITION CP-2001-1, R. Bruce Anderson of Young, van Assenderp, Vamadoe & Anderson & D. Wayne Arnold of Q. Grady Minor & Associates, representing LDJ Associates, requesting an amendment to the Golden Gate Area Master Plan text and Golden Gate Future Land Use Element Map to change the designation from Residential Estates Subdistrict to Neighborhood Center Subdistrict, and modify standards, for 5 acres located on the northwest comer of Collier Blvd. (CR-951) and 11th Avenue SW, in Section 15, Township 49 South, Range 26 East. At the CCPC hearing, staff had no objection to the petitioner's request to add the word "external" pertaining to the landscape buffer. Staff Recommendation: That the petition be forwarded to the Board of County Commissioners with a recommendation to transmit to the Department of Community Affairs. CCPC Recommendation: That the petition be forwarded to the Board of County Commissioners ~vith recommendation to transmit to the Department of Community Affairs, per staff's recommendation. 2. PETITION CP-2001-2, Karen Bishop of PMS, Inc., of Naples representing Buckley Enterprises, requesting an amendment to the Future Land Use Element and Future .... Land Use Map to create the Buckley Mixed Use Subdistrict allowing 172,500 sq. ft. of office and retail commercial uses, and 345 dwelling units, and changing the designation from Urban Residential Subdistrict to Buckley Mixed Use Subdistrict, for 22.84 acres located on the west side of Airport-Pulling Road, 300' north of Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East. At the CCPC heating, staff had no objection to the petitioner's request to reduce from "50%" to "40%" the amount of commercial square feet required in mixed use buildings. Staff Recommendation: That the petition be forwarded to the Board of County Commissioners with a recommendation to forward to the Department of Community Affairs. CCPC Recommendation: That the petition be forwarded to the Board of County Commissioners with a recommendation to forward to the Department of Community Affairs, per staff's recommendation. 3. PETITION CP-2001-3, Terrance Kepple of Kepple Engineering, Inc., representing Northside Construction Company, requesting an amendment to the Future Land Use Element and Future Land Use Map to change the designation from Urban Residential Subdistrict to Livingston/Pine Ridge Commercial Infill Subdistrict to permit a maximum of 40,000 sq. ft. of commercial development, for 10.47 acres located on the NOV13 ¢01 northwest comer of Pine Ridge and Livingston Roads, in Section 12, Township 49 South, Range 25 East. Staff Recommendation: That the petition be forwarded to the Board of County Commissioners with a recommendation to forward to the Department of Community Affairs. CCPC Recommendation: That the petition be forwarded to the Board of County Commissioners with recommendation to transmit to the Department of Community Affairs, per staff's recommendation. 4. PETITION CP-2001-4, D. Wayne Arnold of Q. Grady Minor & Associates representing Warstler-Schrage Development Co., LLC, requesting an amendment to the Future Land Use Element and Future Land Use Map to create the Henderson Creek Mixed Use Subdistrict allowing 325,000 sq. ft. of commercial uses and up to 500 dwelling units, subject to the Density Rating System, and changing the designation from Urban Coastal Fringe Subdistrict to Henderson Creek Mixed Use Subdistrict, for 83 acres located on the east side of Collier Blvd. (CR-951) and the south side of U.S. 41 East, in Section 3, Township 51 South, Range 26 East. At the CCPC heating, the petitioner submitted a proposed definition of"regional commercial" to add to this amendment. Staff had no objection but noted the text might need to be modified somewhat, prior to adoption. Staff Recommendation: That the petition be forwarded to the Board of County Commissioners with a recommendation to forward to the Department of Community Affairs. CCPC Recommendation: That the petition be forwarded to the Board of County Commissioners with recommendation to forward to the Department of Community Affairs, per staffs recommendation and subject to any needed clarification regarding prohibited uses (concern expressed that prohition on grocery stores might preclude a discount store containing a grocery within e.g. Walmart Superstore). 5. PETITION CP-2001-5, Comprehensive Planning Section, representing the Board of County Commissioners, requesting an amendment to the Future Land Use Element to establish the Research and Technology Subdistrict within the Urban Mixed Use District. Staff Recommendation: That the petition be forwarded to the Board of County Commissioners with a recommendation to forward to the Department of Community Affairs. CCPC Recommendation: That the petition be forwarded to the Board of County Commissioners with recommendation for forward to the Department of Community Affairs, per staffs recommendation. AGFd~IOA/t~M NOV 1 33200I RECOMMENDATION: That the Board of County Commissioners review the Growth Management Plan Amendments and consider adopting or adopting with changes a Resolution approving these amendments for transmittal to the Florida Department of Community Affairs. SUBMITTED BY: ~//~d/~ ~. Y~~ Date: /~/~Y¢/ MARCIA R. KENDALL, PLANNING TEC~,)N,,IC IAN REVIEWED BY: COMPREHENSIVE PLANNING MANAGER TOM KUCK, P.E. INTERIM. PLANNING StERVICES DIRECTOR M. DUNN CK, nI 1N~ERIM ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION NOV 13 2001 Pl. l.~ 4 AGENDA ITEM 8F MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: October 5, 2001 RE: PETITION NO. CP-2001-1, GROWTH MANAGEMENT PLAN AMENDMENT AGENT/APPLICANT: Applicant:: Larry Brooks LDJ Associates 8800 SW 116th Street Miami, Florida 33176 Agent: R. Bruce Anderson, Esq. D. Wayne Arnold, AICP Young, VanAssenderp, Varnadoe & Anderson Q. Grady Minor & Associates 801 Laurel Oak Drive, Suite 300 3800 Via del Rey Naples, Florida 34108 Bonita Springs, Florida 34134 Owner: North 150 feet of Tract 114 South 180 feet of Tract 114 Larry E.Brooks, Maria R. Brooks, James E. BrooksLarry E. Brooks,Trustee ofthat Certain Declaration David L. Brooks, Valerie A. Brooks of Trust dated August 26, 1997 8800 SW 116th Street 8800 SW 116th Street Miami, Florida 33716 Miami, Florida 33716 GEOGRAPHIC LOCATION: The subject property, containing 5 acres, is located in the northwest quadrant of the intersection of 11th Avenue S.W. and Collier Boulevard, approximately 1,000 feet south of Pine Ridge Road. It is located in the Urban Estates Planning Community. The property is designated Estates, Estates- Mixed Use Subdistrict, Neighborhood Center Subdistrict. REQUESTED ACTION: This petitioner seeks to: 1) Amend the existing Golden Gate Area Master Plan Element of the Collier County Growth Management Plan to expand the Estates Neighborhood Center boundary at Pine Ridge Road and Collier Boulevard to include Tract 114, Golden Gate Estates Unit 26 (thereby making it eligible for a commercial rezone with access from the subject site onto 11th Ave. S.W.). The proposed text change also revises the right of way buffer requirement for all properties within the Neighborhood Centers Subdistrict, and eliminates the 165' wide (S1/2 of Tract 113) buffer/water management/open space area for the subject Neighborhood Center. The proposed text changes are as follows: NOV 1 3 2001 ESTATES DESIGNATION A. Estates-Mixed Use District 1) Residential Estates Subdistrict - Single-family residential development may be allowed within the Estates Mixed Use Subdistrict at a maximum density of one unit per 2% gross acres unless the lot is considered a legal non-conforming lot of record. 2) Neighborhood Centers Subdistrict - Recognizing the need to provide basic goods and services to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. a) Location The locations are based on intersections of major roads and spacing criteria (See Map 9). The centers are designed to concentrate all new commercial zoning in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial development. · The node at the NE and SE quadrants of Wilson and Golden Gate Boulevards is approximately 12.15 acres in size and consists of Tract 1, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development or Conditional Uses, as permitted in the Estates zoning district, and allocates 2.15 acres to project buffering and right-of-way for Golden Gate Boulevard and Wilson Boulevard. · The node at CR-951 and Pine Ridge Road is located on both sides of the intersection. Tracts 109 ! !2 114 and the N!/2 cf Tract 113, Unit 26, Golden Gate Estates are included in this node as eligible for commercial development. The S!/2 cf Tract ! ! 3 and tho El/2 of Tract 107, Unit 26 are is also included within this node but are is only to be used for buffer, water management and open space. b) Criteria for development at the nodes are as follows: · Limited to Iow intensity transitional commercial uses that are compatible with both residential and commercial, · Convenience commercial to provide for small scale shopping and personal needs, and · Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or 0-3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991). · Future commercial uses are limited to the intersection of Pine Ridge Road and CR-951. This Neighborhood Center may be developed at 100% commercial and must provide internal circulation, and any rezoning is encouraged to be in the form of a PUD. This Neighborhood Center may AGEi~ITEM NOV 1 3 2001 also be utilized for single family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities. · The parcels immediately adjacent to the existing commercial zoning at the northeast quadrant of Golden Gate Boulevard and Wilson Boulevard may qualify for Conditional Use under the transitional use provision of the Conditional Use Subdistrict of this Master Plan Element. · A single project shall utilize no more than 50% of the total allowed commercial acreage. The percentage may be increased at the discretion of the Board of County Commissioners; · The project is encouraged to make provisions for shared parking arrangements with adjoining developments; · Access points shall be limited to one per 180 feet commencing from the right-of-way of the major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per quadrant shall be allowed; · Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible; · Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment; · Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that for valid, approved conditional uses, no such buffer is required. off street .,..u~ ...... · · Prelects located in this Subdistrict shall be exempt from the right-of-way requirement of a six- foot wall, fence, berm or combination thereof. These proiects shall provide a meandering Type D landscape buffer hed,qe. In addition, a minimum of 50 percent of the 25-footwide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to expand the Estates Neighborhood Center boundary at Pine Ridge Road and Collier Boulevard, thereb.yrmaking the subject site eligible for a commercial rezone with access from the subject site onto 11 n Ave. S.W. The petitioner also seeks to make changes to the landscape buffer requirements within the Estates Neighborhood Center. SURROUNDING LAND USE~ ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The entire subject property is presently vacant, designated Estates, Estates-Mixed Use District, Residential Estates Subdistrict on the Future Land Use Map, and zoned E, Estates. The subject property can currently be developed as a single-family residence at a maximum density of one unit per 2 ¼ gross acre; essential services as defined in the L ~,~ ~AGENOA I~TE~ NOV 1 3 2001 Development Code; parks, open space and recreational uses; and group housing. Surroundin.q Land Use: North: Immediately north of the site is 12.5-acres of vacant property that is zoned Estates and located within the Estates Neighborhood Center Subdistrict. The GGAMP limits the S1/2 of Tract 113, adjacent to the north of the subject site, to buffer water management and open space uses. West: Immediately west of the site is a single family home. East: Immediately east of the site and across Collier Boulevard is a model home on a 2.5-acre parcel. South: Immediately south and across 11th Avenue S.W. is a model home on a 2.5-acre parcel. All surrounding properties are zoned E, Estates and all are designated Estates, Estates-Mixed Use District, Residential Estates Subdistrict, except the 12.5 acres of vacant property located within the Neighborhood Center Subdistrict. STAFF ANALYSIS: Environmental Impacts: Environmental Specialist within Current Planning Section has reviewed the proposed plan amendment and finds no consistency issues. Traffic Capacity/Traffic Circulation Analysis: Comprehensive Staff has made the following analysis in regards to the subject property; · Collier Boulevard (CR-951) from Golden Gate Boulevard to Vanderbilt Beach Road currently operates at LOS E with an AADT of 16,921. The anticipated additional traffic added by the proposed project is 1.3% of the existing traffic. This segment of Collier Blvd. is classified as a collector road in the Transportation Element. · Collier Boulevard (CR-951) is currently 4 lanes. Although it is anticipated that Collier Boulevard (CR-951) will be expanded to a 6-lane facility in the future, it is still shown as a 4-lane facility on the 2020 Financially-Feasible Plan in the Transportation Element. · The subject property will have access from 11th Ave SW, which is a 2-lane, undivided local road that ends I mile west of Collier Boulevard (CR-951). · During adoption of EAR-based amendments, at which the time this Neighborhood Center was enlarged to +20 acres, the Board of County Commissioners discussed a loop road running from Collier Boulevard (CR-951) to Pine Ridge Road. Though the Board of County Commissioners didn't place such a requirement in the GGAMP, it was represented by the agent for those property owners that such a loop road would be provided. Transportation staff has reviewed the applicant's traffic impact information and has made the following determination: The access shall be limited to 11th Ave SW only and shall have interconnections with the rest of the subdistrict to promote circulation. Based on the amendment analysis, the proposed "CP" amendment is deemed consistent with the Transportation Element. NOV 1 3 2001 Public Facilities Level of Service Analysis: Comprehensive Planning Staff has reviewed the petitioner's Public Facilities Level of Service Analysis for the other Category A public facilities (potable water, sanitary sewer, solid waste, drainage and community and regional parks), and finds no consistency issues regarding the proposed amendment. Commercial Demand Analysis: The petitioner has prepared and submitted a market feasibility and demand analysis for the subject parcel. As defined in this petitioner's analysis, the subject site would serve the geographic markets area that extends from Logan Boulevard on the west to Wilson Boulevard on the east, and Green Boulevard on the south to Vanderbilt Beach Road Extension to the north. This market area includes approximately 20 square miles of property most of which are zoned and designated as Golden Gate Estates. The Growth Management Plan had designated approximately 34 acres of land within the petitioner's market area for potential commercial development. At present, 12.96 acres within the market area are commercial zoned. The petitioners Market Demand Analysis has a market trade area that overlaps the market trade area for the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict that was approved March 2001. Accordingly, it is staff's opinion that any demand demonstrated in the petitioner's analysis is somewhat overstated. Appropriateness of ChanRe: The petitioner proposes to add an additional 5 acres to the existing Neighborhood Center Subdistrict of the Golden Gate Area Master Plan. The petitioner states that the addition of this 5 acre parcel to the Neighborhood Center is logical in that it is adjacent to the existing neighborhood center boundary and abuts 11th Avenue S.W. to the south. The petitioner also states that extending the Neighborhood Center designation to the intersection creates a logical break for neighborhood commercial activities along Collier Boulevard, and it has the advantage of providing access to the Neighborhood Center for local residents without requiring them to utilize Collier Boulevard. The intent of the stringent criteria in the Neighborhood Center is to maintain a semi-rural character. One of the existing criteria is the 165' buffer/open space requirement that provides transition to the adjacent Estates property that are limited to Single Family Dwelling Units. This petition removes this buffer requirement from the southern portion of the current Neighborhood Center boundary (S1/2 of Tract 113). The petitioner also seeks to change the right of way buffer requirement, which in staff's analysis, does not maintain the character of the surrounding character or provide adequate transition. There needs to be transition so as not to encourage further expansion of the Neighborhood Center down Collier Boulevard (CR 951). As permitted under the current zoning, the subject property could be developed for residential with one dwelling unit per 2 ¼ acre (total of two single family dwellings). Staff analysis indicates that the petitioners landscape buffer is significantly less than the current requirement for the subject property. Staff has provided replacement language to provide surrounding properties with a sufficient landscape buffer. This buffer will ensure that the development of this property will blend in with the character of the area. FINDINGS AND CONCLUSIONS: = Staff analysis indicates that extending the Neighborhood Center boundary to the 11th Avenue SW intersection does create a logical break. AGENO_A ITEM_[~ ' ~! NOV 13 2001 ~ The zoning of the 5 acre subject parcel is Estates (E) which allows two single family dwelling units. ~ The subject property abuts a single-family home. ~ The petitioner's proposed landscape buffer is insufficient to provide a transition to property limited to a SFDU, to maintain the semi-rural character of the area, and to discourage additional requests for commercial development running south along Collier Blvd. ~ The petitioners Market Demand Analysis has a market trade area that overlaps the market trade area for the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict that was approved March 2001. ~ During adoption of EAR-based amendments, at which the time this Neighborhood Center was enlarged to +20 acres, the Board of County Commissioners discussed a loop road running from Collier Boulevard (CR-951) to Pine Ridge Road. This would be a desirable and beneficial addition, and is recommended by both the Planning and Transportation staff. STAFF RECOMMENDATION: Staff recommends the petition be forwarded to the Board of County Commissioners with a recommendation to transmit to DCA with the language changes noted below. STAFF LANGUAGE TO REPLACE PETITIONERS LANGUAGE Delete (petitioner's proposed text) · Proiects located in this Subdistrict shall be exempt from the right-of-way requirement of a six- foot wall, fence, berm or combination thereof. These projects shall provide a meanderinq Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-footwide buffer area shall be composed of a meanderinq bed of shrubs and ground covers other than grass. Insert (staff's proposed text) · Proiects shall provide a 25-foot wide landscape buffer abuttinq the right of way with two staggered rows of trees that shall be spaced no more than 30' on center, a double row hed.qe at least 24 inches in heiqht at time of plantin.q and attaining a minimum of three feet hei.qht within one year shall be required. Where existinq trees are not available to preserve a 3:1,2-foot hi.qb undulating berm shall be provided. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meanderinq bed of shrubs and ground covers other than grass. Insert (staff's proposed text) · For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11th Avenue S.W. Also, vehicular interconnection shall be provided to the adjacent property(s) in the Neighborhood Center. NOV 13 2001 PREPARED BY~~~~ DATE: D Aaron Blair"' Senior.~r REVIEWED BY: _ _~-'J~ ~--,~'-~ DA~: ~an ~er, ~ Comprehen~e Planning Manager APPROVED BY: ~~~~~ DATE: Tom Kuck, Interim Planning Se~c~ Dire~or Commun~ ~velo~ent & En~mnmen~l Se~ Jo~unnuck, A~ng Admin~ator Co~mun~ Development & En~mnmental Se~c~ PETtTION NO.: CP-2001-01 Staff Report for October 18, 2001 CCPC Meeting. NOTE: This petition has been advertised for the November 13, 2001, BCC Meeting. COLLIER COUNTY PLAN~;I~MMIS. SlON: AGENDA ITEM 8-G MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT COMPREHENSIVE PLANNING SECTION DATE: October 8, 2001 RE: PETITION NO. CP-2001-2, BUCKLEY MIXED USE SUB-DISTRICT AGENT: Agent: Karen Bishop PMS, Inc. of Naples 2335 Tamiami North, Suite 408 Naples, Florida 34103 Owner: Donald E, Buckley Buckley Enterprises 7501 Airport Pulling Road N. Naples, Florida 34109 GEOGRAPHIC LOCATION: The subject site is adjacent north of the new Collier County public library site located at the northwest corner of Airport Pulling Road and Orange Blossom Drive and is in the North Naples Planning Community. REQUESTED ACTION: This petition seeks to amend the existing Future Land Use Element and Map of the Collier County Growth Management Plan to create a new mixed use subdistrict known as the "Buckley Mixed Use Sub-district" to the Urban-Mixed Use District for specified lands located northwest of the corner of Airport Pulling Road and Orange Blossom Drive (approximately 22.84 acres). The proposed text change adds the following language as noted by below: A. URBAN MIXED-USE DISTRICT Buckley Mixed Use Subdistrict The intent of this subdistrict is to allow for limited small-scale retail, office and residential uses while requirinq that the project result in a true mixed-use development. The Activity Centers to the North and South provide for larqe-scale commercial uses, while this subdistrict will promote small-scale mixed use development with pedestrian orientation to serve the homes of both existin.q and future development in the immediate area. This subdistrict is intended to be an example for future mixed-use nodes, providinq residents with a pedestrian scale development while also reducinq existin.q trip len.qths for small-scale commercial services. Comr~ercial uses for the purpose of this section are limited to those allowed in the C-1, C-2 and C-3 !onin~A ITEM~ - Note: words struck through are deleted; words underlined are added NOV 1 3 2001 AGENDA ITEM 8-G districts except as noted below. The development of this subdistrict will be .qovemed by the followin.q criteria: a. Rezonin.q is encouraged to be in the form of a PUD. b. A Unified planned development with a common architectural theme, which has shared parking and cross access aqreements, will be developed. c. Retail uses will be capped at a maximum of 3,250 sq. ft. per acre for the total proiect. d. Office uses will be capped at a maximum of 4,250 sq. ft. per acre for the total proiect. e. Residential development will be subiect to a maximum of 15 dwellinq units/acre for the total proiect. f. Maximum lot coveraqe for buildinqs is capped at 35% for the total proiect. g. No more than 25% of the total built square footaqe will be devoted to sinqle story buildinqs. h. Primary entrances to all retail and commercial uses shall be desiqned for access from the interior of the site. Buildinqs frontinq on Airport Road will provide secondary accesses facinq the street. i. All four sides of each buildinq must be finished in a common architectural theme. j. A residential component equal to at least 25% of the allowable maximum density must be constructed before the subdistrict completes an a.q.qreqate total of 40,000 sq. ft. retail or office uses. k. Residential units may be located throuqhout the site. I. Integration of residential and office or retail uses in the same buildinq is encouraqed. A minimum of 50% of the commercial square feet shall be within mixed use buildinqs (residential and commercial). m. Pedestrian connections are encouraqed to all perimeter properties where feasible and desired by adioinin.q property owners. n. No buildinq footprint will exceed 15,000 sq. ft. Common stairs; breezeways or elevators may ioin individual buildinqs o. No buildinq shall exceed three stories with no allowance for under buildinc~ parkincl. p. Drive-thru establishments will be limited to banks with no more than 3 lanes; these drive-thru lanes must be architecturally integrated into the main building. q. No .qasoline service stations will be permitted r. All buildinqs will be connected with pedestrian features. s. Twenty-foot wide landscape Type D buffers alonq Airport-Pullinq Road and a twenty- foot wide Type C buffer alonq all other perimeter property lines will be required. t. Parkinq areas will be screened from Airport-Pullinq Road and any properties adiacent to this Sub district. The following text changes to the Future Land Use Element will also need to be changed if the amendment is approved: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict No. NOV 13 2001 2 Note: words struc~ thrcugh are deleted; words underlined are added I AGENDA ~EM8-G 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional Neighborhood Design Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 11. Buckley Mixed-Use Subdistrict 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise approximately 3,000 acres, including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: AC_aE_NDA I~ ., .... .... NOV 13 2081 Note: words ............. gh are deleted; words underlined are added AGENDA ITEM 8-G a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict~ and Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and Buckley Mixed Use Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, and Interchange Activity Center Subdistrict, and Livingston/Pine Ridge Commercial Infill Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. PURPOSE/DESCRIPTION OF PROJECT: The intent of this amendment is to develop a small-scale mixed use development that encourages the principals of Traditional Neighborhood Districts at a small scale by developing residential, retail and office on one site. The amendment establishes a mixed use, site specific subdistrict that creates a pedestrian friendly environment for small size retail and office uses with a residential component developed on one site. The amendment proposes to cap retail uses at 3250 square feet per acre and office uses at 4250 square feet per acre while ensuring mixed use development by requiring that a minimum of 50% of the commercial have a residential component within the same building. A minimum of 25% of the maximum residential density would have to be constructed prior to the development of 40,000 square feet of commercial space (86 dwelling units at 15 units per acre density). The entire site is 22.$4 acres. If built out to maximum capacity the project site could be developed with 74,230 square feet of retail; 97,070 square feet of office; and 343 residential units. The proposed amendment permits C-1, C-2 and C-3 uses, limits drive-thru establishments to banks with no more than 3 lanes and does not allow gasoline service stations. The proposed project also provides for architectural design standards beyond the County's current standards. All four sides of the building must be finished in a common architectural theme. Primary access to the buildings will be from the interior of the site and buildings fronting Airport Road will provide a secondary access facing the street. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject site is approximately 23 acres in size and is designated on the Future Land Use Map as Urban - Mixed Use District/Urban Residential Subdistrict and is within the Traffic Congestion Area as identified on the Future Land Use Map. Under the critieria of these designations, 3 dwelling units (du) per acre may be permitted. In addition, the parcels could be eligible for an additional 8 du/acre under the Affordable Housing provision of the Density Rating System. Both parcels are currently zoned Agricultural (A) and are currently being utilized by a commercial nursery. NOV 1 3 20el Note: words ctruck thrcuGh are deleted; words underlined are added AGENDA ITEM 8-G Surrounding Land Use: All of the surrounding land uses are within the Urban - Mixed Use District/Urban Residential Subdistrict ZONING PROJECT NAME GROSS DENSITY North: PUD Brighton Gardens, Assisted Living Facility 22.76 East: Airport-Pulling Road (Currently expanding to 6 N/A lanes) PUD Vineyards, Residential Community 3.02 PUD Lakeside of Naples, Residential Community 4.01 A Conditional Use, Church N/A A Plant Nursery N/A South A Future Collier County Public Library Site N/A West: PUD Emerald Lakes (also known as Bridget Lake), 3.54 Residential Community STAFF ANALYSIS: Environmental Impacts: Since the subject site has been used as a commercial nursery there should not be any environmental impacts with the proposed amendment. Effects on Hiqh Range Population Projections: The residential component of the proposed project is small (maximum of 343 dwelling units)and should not have a significant impact on population projections. Traffic Capacity/Traffic Circulation Analysis: A Traffic Impact Statement (TIS) was prepared as part of this application. The Transportation Planning Services Department reviewed the TIS and has no objections to this application. The roadway impacted by this amendment would be Airport Road from Pine Ridge Road, north to Vanderbilt Beach Road. The current adopted level of service is LOS D. Airport Road is currently being widened to six lanes between Pine Ridge and Vanderbilt Beach Road and is expected to operate at LOS C upon completion. Public Facilities Demand Analysis: The demand for water and sewer would increase with the proposed change. The current allowable density for the project is 3 dwelling units per acre with a maximum number of dwelling units of 69 single family homes. The proposed amendment would permit 343 dwelling units and 171,300 square feet of commercial. The impact of the proposed change is noted below. Water (gallons/day) Sewer (gallons/day Proposed 105,200 87,100 Current (3 dwelling units per acre) 19,200 15,600 Although this petition will result in increased impacts upon Category A public facilities, (collector roadway, potable water, sanitary sewer, drainage, solid waste, community and regional parks), these impacts will not be significant as defined in the Capital Improvement Elen ~nf ~nr'l c~fh~r applicable Growth Management Elements. ~,C, ENO^~TEM Note: words struck through are deleted: words underlined are added NOV I 3 20 1 AGENDA ITEM 8-G Commercial Demand Analysis The petitioner has not provided a market analysis for the subject site. To justify the need for additional commercial within the North Naples area the petitioner suggests without documentation that the demand for small scale commercial space exceeds the current supply and any new commercial development being built will be constructed as "Power Centers" with 200,000 or more square feet. The petitioner suggests that the rental rates within these "Power Centers" are higher than small retailers can afford and therefore there is a need for smaller retail establishments such as the one being proposed. The petitioner states that the vacancy rate for built commercial properties in the North Naples area is below 3% which is below state and national averages (The Commercial Composite, John R. Wood Realtors). The 1995 Commercial Land Use Inventory prepared by the Collier County Comprehensive Planning Section reported that in the North Naples Planning Community 784.71 acres were zoned commercial. Out of the acreage zoned commercial, 3,358,570 million square feet of commercial development has been built. In addition, 53.36 acres are zoned industrial but have commercial uses on the property with a total of 471,566 square feet of commercial uses developed on this land. Therefore in 1995, there was a total of 838 acres of commercially zoned property and 3.8 million square feet of commercial space. The 1997 Market-Conditions Study prepared by Fraser & Mohkle Associates, Inc. analyzed the North Naples Planning Community based on the 1995 Commercial land inventory. The report calculates the Commercial Land-Use Demand for the North Naples Planning Community from 1986 to 1995. The 1995 supportable square footage was estimated at 2,268,702 with a land requirement of 323.59 acres. In 2000, supportable square footage is estimated at 3,537,540 with 504.56 total land required in acres. In 2005, it is estimated that the North Naples Planning Community could support 4,734,019 square feet of commercial development with a total land requirement of 675.22 acres. Based on the 1995 inventory and the Market Conditions study, Collier County had a surplus of 162.85 acres of land zoned for commercial uses in the North Naples Planning Community. The Commercial Inventory Study was updated with 1997 figures in 1998. This inventory prepared by the Collier County Comprehensive Planning Section, reports that in the North Naples Planning Community there are 972.86 acres of land currently zoned commercial. Out of the acreage zoned commercial there are 3,859,766 million square feet of commercial development built. In addition, there are 48.21 acres of land zoned for Industrial but have commercial uses located on the property for an additional 468,790 square feet of commercial development within the North Naples Planning Community. Therefore in 1997 there were 4,328,556 square feet of commercial space built in the North Naples Planning Community. Between 1995 and 1997 there have been an additional 134.79 acres zoned for commercial uses in the North Naples Planning Community and 500,000 additional square feet of commercial space built in the same time period. This additional commercial acreage brings the surplus of commercially zoned land to 297.64 for the projected commercial needs in 2005. The Airport-Pulling Road corridor between Pine Ridge Road and Vanderbilt Road is anchored by two Activity Centers. Activity Center #11 - Airport-Pulling Road and Vanderbilt Beach Road consists of approximately 143 acres permitted for 910,000 square feet of commercial and 450 hotel rooms. Activity Center #13 - Airport-Pulling and Pine Ridge Road is 347 .5 acres permitted Note: words struck through are deleted; words underlined are added NOV 1 3 20016 AGENDA ~EM8-G for 1,556,000 square feet of commercial. The boundaries of these Activity Centers are less than one mile from the proposed subject site. Based on the 1998 commercial inventory there were 499 properties that were identified as commercially zoned in the North Naples Planning Community. Out of these parcels only 27 or 5% were over 10 acres. Therefore the majority of property still available for commercial development in the North Naples Planning Community would be available for small-scale retail development as proposed by this amendment. While, based on the 1998 Commercial Inventory, there is sufficient commercial acreage in the North Naples Planning Community to exceed the County's projected demand up to the year 2005, this project would be one of the first of its kind to be developed in the County. A mix of uses to include a substantial residential component could set an example for development and redevelopment of this type, at a smaller scale, that provides opportunities for residents to live, work and shop within the same development and limit, to some degree, the impact on the existing roadway system. APPROPRIATENESS OF CHANGE: Although there are residential developments along this portion of Airport-Pulling Road (from Pine Ridge to Vanderbilt Beach Road), pedestrian access to the subject site will be difficult for many due to the lack of sidewalk/bike path connections to the proposed development other than along Airport Road and the width of Airport-Pulling Road that separates the residential areas to the subject site. The Airport-Pulling Road corridor between Pine Ridge Road and Vanderbilt Road is anchored by two Activity Centers. Activity Center #11 - Airport-Pulling Road and Vanderbilt Beach Road consists of approximately 143 acres permitted for 910,000 square feet of commercial and 450 hotel rooms. Activity Center #13 - Airport-Pulling and Pine Ridge Road is 347.5 acres permitted for 1,556,000 square feet of commercial. The boundaries of these Activity Centers are less than one mile from the proposed subject site. Similar approved and developed uses along this segment of the Airport-Pulling Road corridor between the two Activity Centers are consistent and compatible with the proposed amendment as shown below. Compatible Uses Alon~l Airport Road Sediment f Lone Oak PUD Office Willow Park Office and Retail Collier County Public Library Community Facility Brighton Gardens Assisted Living Facility Community Facility (Residential) Orange Blossom Mixed Use Subdistrict Mixed Use - Residential, Office and Retail The Lone Oak PUD (AKA Walden Oaks) southeast of the project site has 25,000 square feet of office space and the Willow Park PUD (rezoned from CF in June 1998) is approved for 7.47acres for office and retail uses. The new Collier County Public Library is being constructed on the adjacent property to the south and will be interconnected to the subject site if the proposed uses are approved. North of the subject site is the Brighton Gardens Assisted Living Facility. Brighton Gardens PUD is 5.14 acres in size and is approved and dew !,-,?-,,4 ,A,~h 117 units giving a gross density of 22.76 units per acre. I~. ,¢' I,-~ Note: words str'--'ck through are deleted; words underlined are added NOV 1 3 20~ AGENDA ITEM 8-G This proposed amendment is similar to and patterned after the Orange Blossom Mixed Use Subdistrict. The Subdistrict located at the northeast corner of Orange Blossom and Airport- Pulling Roads allows for 72,150 square feet of retail; 101,010 square feet of office and up to 57 residential units. A comparison to the proposed Buckley Mixed Use Subdistrict is provided below. Acre Retai Retail Offic Office Total Max DulA Du Du s I Max. Sf e Max. Sf Commercial c Max. Min SflAc SflAc Sf OB Mixed 14.43 5000 72,150 7000 101,01 173,160 4 58 15 Use 0 Subdistric t Proposed 22.84 3250 74,230 4250 97,070 171,300 15 343 88 Buckley Mixed Use Subdistric t Similar to the Orange Blossom Mixed Use Subdistrict, the amendment double counts the acreage for commercial and residential uses, something not allowed in Activity Centers. The Orange Blossom Mixed Use Subdistrict allows up to 3 dwelling units per acre consistent with the Density Rating System. Activity Centers allow up to 11 dwelling units per acre, but only on separate tracts from commercial. The Buckley Mixed Use Subdistrict allows for up to 15 dwelling units per acre. The amount of commercial allowed for both the proposed subdistrict and the Orange Blossom Mixed Use Subdistrict exceed that needed to serve the residential density on site. Both would serve the commercial needs of the traveling public and others located near, but not on site. However, the commercial intensity in the proposed subdistrict is less than allowed in the Orange Blossom Mixed Use Subdistrict. The Orange Blossom Mixed Use Subdistrict at 14.43 acres is 8.4 acres less than the proposed subdistrict, but allows 1860 more square feet of commercial than does that proposed for the Buckley Mixed Use Subdistrict at 22.84 acres. Residential density is higher for the proposed subdistrict and, as proposed and designed, the commercial located on the subject site would more likely capture a significantly higher proportion of its business from residents on site than if the density was lower. FINDINGS AND CONCLUSIONS: · Based on the 1998 Commercial Inventory, there is sufficient commercial acreage in the North Naples Planning Community to exceed the County's projected demand up to the year 2005. Also, 95% of the undeveloped commercial parcels in the North Naples Planning Community are less than 10 acres. · Although there are residential developments along this portion of Airport-Pulling Road (from Pine Ridge to Vanderbilt Beach Road), their access to the subject site will most likely be by automobile due to lack of interconnections to the proposed development (Emerald Lakes adjacent to the west)and the width of Airport-Pulling Rd; .~ th.z' ffEM ' Note: words struc~ thrc'.-'~h are deleted; words underlined are added NOV 1 3 2001 AGENDA ITEM 8-G separates the residential areas to the subject site (Lakeside and the Vineyards PUD's to the east). · The proposed Buckley Mixed Use Subdistrict is compatible and consistent with the mixed use, residential and non-residential uses along this segment of the Airport-Pulling Road corridor. · Opportunities for interconnectivity with adjacent residential will be one the major difficulties of new small-scale mixed use development in Collier County. The potential for increased internal capture by allowing higher densities on site will partially mitigate this issue. Market conditions and/or increased traffic congestion on major roadways may provide incentives for existing neighborhoods to seek interconnections in the future. · This project would be one of the first of its kind to be developed in the County. A mix of uses to include a substantial residential component could set an example for development and redevelopment of this type, at a smaller scale, that provides opportunities for residents to live, work and shop within the same development and limit, to some degree, the impact on the existing roadway system. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CP- 2001-02 to the Board of County Commissioners (BCC) with a recommendation to transmit this amendment to the Florida Department of Community Affairs (DCA). NOV 13 2001 Note: words struck through are deleted; words underlined are added ~., AGENDA ITEM 8-G PREPARED BY: I'OR, AICP~ DATE PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: LITSINGEI~,~~.,r'- //(~ '~:~---~-~ /"~ DATE STAN COMPREHENSIVE PLANNING MANAGER THOMAS KUGK, P.E. DATE INTERIM PLANNING SERVICES DEPARTMENT DIRECTOR VIRONMENTALcd)MMUNiTY DEV. AND EN sERvIcES DIVISION Petition No.: CP-2001-02 COLLJ/~R COUNTY PLA~._.. G. COMMISSION: jOYCEfNNA J. RAUTIO,~,CHAIRMAN AGENDA ITEM NOVI 3 2001 "pg. ~ 10 Note: words struck thrc'J..3h are deleted; words underlined are added AGENDA ITEM 8H MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: OCTOBER 5, 2001 RE: PETITION NO. CP-2001~03, GROWTH MANAGEMENT PLAN AMENDMENT AGENT/APPLICANT/OWNER Agent: Terrence Kepple Kepple Engineering, Inc. 3806 Exchange Ave. Naples, F1 34101 Applicant: J. Steven Ferguson Northside Construction Co. 800 Northside Dr. Summersville, WV 26651 Owner: Northside Construction Co. 800 Northside Dr. Summersville, WV 26651 GEOGRAPHIC LOCATION: The subject property, containing 10.47 acres more or less, is located at the northwest quadrant of Livingston and Pine Ridge Road. The parcel lies within the North Naples Planning Community. (See attached exhibits "A") REQUESTED ACTION: This petition seeks to: 1) Amend the existing Future Land Use Element and map of the Collier County Growth Management Plan for the addition of 10.47 acres to the LivingstonfPine Ridge Commercial Infill Sub-District of the Urban Commercial District for the specified lands. The proposed text change adds language under the Urban Commercial District, LivingstonfPine Ridge Commercial Infill Subdistrict, page 31, Section B, (V), 3 as follows: 3.)Livingston/Pine Ridge Commercial Infill Subdistrict This subdistrict consists of two parcels, one consists of 17.5 acres and is located at the southeast quadrant of Livingston Road, a collector roadway and Pine Ridge Road, a minor arterial road~vay. The second consists of 10.47 acres and is located at the northwest quadrant of Livingston Road and Pine Ridge Road. In addition to uses allowed in the Plan, the intent of the Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a ne~v collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well-planned access points to improve current and future flo;vs in tl', °7° words s~.'-ck t~.eugh are deleted; words underlined are added NOV 13 2001 AGENDA ITEM 8H a.)Southeast Quadrant If permitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east to the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to adjacent properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in the SuSdi:~ict Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50-foot buffer of existing native vegetation will be preserved along all project boundaries located adjacent to area zoned agricultural. b).Northwest Q'dadrant Interconnection to the adiacent properties to the North and West will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subiect property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in the Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 40,000 square feet. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to add 10.47 acres to the Livingston/Pine Ridge Commercial Infill Subdistrict so as to allow retail and commercial office uses on the site at the northwest coruer of Livingston and Pine Ridge Road. The Northwest Quadrant would allow single-story retail commercial uses and up to three-story professional or medical related offices. As proposed, this amendment would allow a maximum of 40,000 square feet of leasable area for retail commercial and office development. SURROUNDING LAND USE~ ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject site is zoned Rural Agricultural District (A) currently allowing 1- du/5 acres. The property is presently developed as a retail landscape nursery and vegetable/fruit stand. It is designated Urban Mixed-Use District/Urban Residential Sub-district and is entirely within a Mixed Use Activity Center Residential Density Band. The Future Land Use Designation for this 10.47 acre property would allow multifamily housing at the density shown below, if the following density bonuses xvere applied. BASE DENSITY 4 Density Bonus Additional Units/Acre Activity Center Residential Density Band 3 Total without Affordable Housing Provision 7 Affordable Housing Provision 8 Total with Affordable Housing Provision 15 units per acre In addition to multifamil'~ housing, the subject site would be eligible for a number of conditic ~at usejf~l//lq~ 4~ as churches, child care facilities, ALF, recreation and open space uses, essential services, etc. ~ $2 · :owords s~ac!-' tSroug5 are deleted; xvords underlined are added NOV 1 3 2001 pg. 2a~ AGENDA ITEM 8H Surrounding Land Use: North: The Community School of Naples is a private School serving K-12 and is zoned Community Facility (CF). The current Future Land Use Designation is Urban Mixed-Use District/Urban Residential Subdistrict and the property is within an Activity Center Residential Density Band. East: Across Livingston Road, single family dwelling on land zoned E, Estates. The current Future Land Use Designation is Estates-Mixed Use District, Residential Estates Subdistrict. West: Conditional Use in the "A" zoning district developed as the Etude de Ballet (Naples Progressive Gymnastics Camp), a dance school and recreational camp. The current Future Land Use Designation is Urban Mixed-Use District/Urban Residential Subdistrict and the property is located within an Activity Center Residential Density Band South: Related Group PUD on south side of Pine Ridge Road. The PUD is a completely developed rental apartment community containing 276 dwelling units on 39 acres. The current Future Land use Designation is Urban Mixed-Use District/Urban Residential Subdistrict and the property lies within an Activity Center Residential Density Band. STAFF ANALYSIS: Enviromnental Impacts: The entire site has previously been cleared for agricultural uses. No listed animal or plant species are known to inhabit the site. Traffic Capacity/Traffic Circulation Analysis: Staff has reviewed the applicant's Traffic Impact Study (TIS) for the proposed amendment, which will permit small scale C-3 and C-4 retail uses. The petitioner's TIS indicates the difference in trip generation between the existing retail nursery and currently permitted residential uses verses the possible small scale retail uses will not exceed the significance test of five percent of the adopted level of service of the peak hour volume of Pine Ridge Road and Livingston Road. Based on the petitioner's TIS this amendment would be consistent with the Policy 5.1 and 5.2 of the Transportation Element. Staff has concerns regarding the TIS pertaining to the number of trips assigned to the existing retail nursery. However, the magnitude of the difference should not effect the outcome of the TIS in regard to compliance with the reference policies. Access is not an issue determined at the comprehensive plan level. The segment of Pine Ridge Road from Airport Road to 1-75, is currently a four lane divided arterial, is under construction to widen same to six lanes. The segment of Livingston Road from Immokalee to Pine Ridge Road is scheduled for construction as a six lane arterial in the current Fiscal Year. Public Facilities Impact: Utilizing the level of service standards identified in the Capital Improvements Element of the Comprehensive Plan the proposed commercial uses would result in a lesser impact on public facilities than the current 73 residential units (7 DU/A) allowed under the Growth Management Plan. Appropriateness of Change: The petitioner proposes that the property is more suited for commercial development than residential development due to the existing FPL easement comprising of the western 6.7 acres of the 10.5+acre site. The petitioner states the usable portion of the subject parcel ranges from 57 feet wide to a maxin ~m u£~iDA ITE~ i feet in width and substantial buffering from Livingston Road and Pine Ridge Road would be n~ cessal~ I make a viable residential project. In addition, the petitioner proposes this property to be an surrounded by commercial and public facility uses and major roadways, and that the use of is site for NOV 1 3 2001 AGENDA ITEM 8H residential uses would be incompatible with the current uses and the long range function (arterial/collector roads) of the immediate area. As permitted under the current future land use designation, the subject property could be developed for multi-family residential with up to seven dwelling units per gross acre using the Residential Density Band bonus; and, with the Affordable Housing density bonus, up to 15 dwelling units per acre could be developed. However, staff concurs with the petitioner that the size and configuration of the site, due to F.P.L. easement, as well as the abutting roadways, would make it unsuitable for a residential development. Certain, nonresidential uses such as private or public schools, churches, recreational and public facilities, child care, adult living facilities and social or fraternal organizations could be developed on this site as well and could be compatible with the surrounding area. The proposed use of retail commercial may not be compatible with the single-family home on the Estates zoning east of the subject site. However, that site borders Livingston Road and this segment of Livingston Road is scheduled for four-laning within the current (5 year) Capital Improvement Plan. It is anticipated that, due to its location, that property will eventually be the site of an amendment to the Growth Management Plan. The proposed commercial uses are compatible with the existing public facility development to the north and west of the subject property. The proposed use of retail commercial may not be a compatible use to the multi-family development to the south of the subject site. However, the sites are divided by Pine Ridge Road a 4 lane divided highway scheduled for 6 laning within the current (5 year) Capital Improvement Plan. Commercial Demand Analysis: The site is within the North Naples Planning Community, and borders the Central Naples Planning Community and Urban Estates Planning Community. The chart below identifies the commercial inventory of the three Planning Communities. Area Total Acres Developed Acres Undev. Acres Developed S F North Naples 972.86 524.19 448.67 3,859,766 Central Naples 312.02 251.54 60.48 2,017,181 Urban Estates 373.47 30.7 342.77 194,803 Sources: 1998 Commercial Inventory (based upon 1997 Property Appraiser data) and current zoning maps The petitioner prepared and submitted a market feasibility and demand analysis for the subject parcel. As defined in the petitioner's analysis, the subject's primary market area and analysis was determined to be xvithin a two-mile radius from its location and the study focused on the projected future supply and demand of the trade area. The petitioner surveyed the existing supply and demand of retail space in the primary trade area. Their inventory included shopping centers, strip retail centers, stand alone store buildings, etc., and concluded there is currently 920,277+ square feet of retail space in the primary trade area. This study did not include the Home Depot Store, Lowes Home Center and Costco Wholesale Club in the analysis. In addition, to determine the need for additional land to be zoned for retail use the petitioner performed an analysis of potential commercial retail space. Their analysis did not include the Pine Air Lake PUD which is zoned for 707,000 square feet of retail commercial space as well as 250, 000 square feet of office space. Via this process they concluded there is 38.05+ acres or 1,677,059 square feet of vacant property with zoning appropriate for retail use within the two-mile radius of the subject site. The petitioner estimated the amount of commercial retail space that could be developed on the land utilizing a market average of 20% building to land area to estimate that there is a potential of 335,411 square feet of commercial retail space within the trade area. The inventory does not include the additional 17.5 acres site at the southeast corner of Pine Ridge Road and Livingston Road that has a potential of 125,000 square feet of ne~gnoor~t~x~ha~M development. / ~:~~ I NOV t 342.001 AGENDA ITEM 8H In conclusion, the petitioner's statistical analysis indicated an oversupply of retail space exists in the current market. However, the statistical oversupply is projected to be absorbed by 2003, at which point the market will be in a state of shortage. The petitioner's analysis and staff's analysis of the trade area are summarized below for comparison: Standard Two Mile Trade Area Petitioner County Staff Square Feet Existing Retail Space 981,277 1,351,547 Staff figures based on the 1998 Commercial Inventory (based upon the 1997 Property Appraiser's data). Standard Two Mile Trade Area Petitioner County Staff Existing Vacant Commercial Acreage 38.50 55.80 Total acreage excludes Pine Air Lake PUD approved for 957,000 square feet of commercial. Staff figures are based on a compilation of the 1998 Commercial Inventory, 2001 Property Appraiser's data and the 1999-2001 approved rezones. FINDINGS AND CONCLUSIONS: · Based upon total existing commercial inventory in the primary trade center, staff believes there is an adequate supply to meet present demand. · The magnitude and scale of this project of 40,000 commercial square feet is similar to neighborhood commercial development. · The subject property does not abut any commercially zoned property or property eligible for commercial zoning. · The subject property is bordered by community facility and conditional use zoning to the north and west, single residential estates zoned property to the east separated by Livingston Road and multi-residential zoned property to the south separated by Pine Ridge Road. · The subject site has residential development options of up to 15 units acre with the affordable housing density bonus applied. However, staff concurs with the petitioner that the site is not suitable for a residential project. · The subject site is eligible for institutional uses (adult living facilities, child care, churches, private and public schools, social organizations, public and recreational facilities). These uses may be compatible but are also impacted somewhat by abutting traffic and the FPL easement. · The subject 10.5 acre site is encompassed by a 6.7 acre FPL easement limiting the usable acreage of the site to 3.8 acres, ranging from 57 feet to 167 feet in width. · Although the subject site may not be appropriate for multi-family development, conditional use or community facility development may be appropriate and compatible with development on all surrounding properties. · There are some traffic-related concerns, as previously noted. STAFF RECOMMENDATION: That the CCPC forward Petition CP-2001-3 to the BCC with a recommendation of approval to transmit to the DCA. NOV 2001 Prepared By ..... Date: 7. ~.,dur-d an, #l~r//l~' g, ¢o~ ,hensive Platy. ~,ection Reviewed By: .~_ ~ ~ Date: Stan Lits~ger, A~P, Man~ Comprehe~ive Plamg Section Approved By: ~ ~ Date: Tom Kuck, AICP, Interim Pla~ing Services Director Pla~ng Se~ices Depa~ent Approved By: ~~ 1~ Date: Jo~ Du~, Acting Ad~s=ator C~unity Development and Enviromentai Se~ices Division PETITIONNO.: CP-2001-03 Staff Report for October 18,2001 CCPC Meeting. NOTE: This petition has been advertised for the November 13, 2001, BCC Meeting. CC~L~O~:Y:I~~ SION: JOYC~NNA J. '~UTIO,CXHAIRNAN / NOV 1 3 2001 AGENDA ITEM 81 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: October 5, 2001 RE: PETITION NO. CP-2001-4, GROWTH MANAGEMENT PLAN AMENDMENT AGENT/APPLICANT: Applicant: William L. Schrage Warstler-Schrage Development Company, LLC 8910 Purdue Road Indianapolis, IN 46268 Agent: Richard Yovanovich D. Wayne Arnold, AICP Goodlette, Coleman and Johnson Q. Grady Minor & Associates 4001 Tamiami Trail North, Suite 300 3800 Via del Rey Naples, Florida 34103 Bonita Springs, Florida 34134 Owner: Robert E. Smith & Gary L. Smith 1056 Smith Road Columbus, IN 43207 GEOGRAPHIC LOCATION: The subject property, containing 83 acres, is located ¼ mile south of U.S. 41 on the east side of S.R. 951/Collier Boulevard within the South Naples Planning Community. The site also fronts the south side of US 41, approximately 3000' east of Collier Boulevard. The property is designated Urban, Urban Mixed Use District, Urban Coastal Fringe Subdistrict. REQUESTED ACTION: This petitioner seeks to: 1 ) Amend the existing Future Land Use Element and Map of the Collier County Growth Management Plan to establish the "Henderson Creek Mixed Use Sub-District" for specified lands. The proposed text change is as follows: [Words underlined are added; words struckthrough are deleted.] ! NOV 1 3 2001 HENDERSON CREEK MIXED-USE SUBDISTRICT The Henderson Creek Mixed-Use Subdistrict consists of approximately 84 acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trail East). The intent of the Subdistrict is primarily to provide for a m xture of re.qional commercial uses and inte.qral residential development, to serve the South Naples, Royal Fakapalm and Marco Island areas. Conversely, the primary, intent of the Subdistrict is not to provide community and nei.qhborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of workforce housin.q in support of the permitted commercial uses within the Subdistrict, as well as in the South Naples, Royal Fakapalm and Marco Island areas. The entire Subdistrict will be developed under a unified plan; this unified plan is encouraqed in the form of a Planned Unit Development. Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict are as follows: · Access to the Subdistrict shall be provided from Collier Boulevard and U.S. 41. These access points shall be connected by a (loop) road that is open to the public. · Vehicular and pedestrian interconnections shall be provided between the residential and commercial portions of the Subdistrict. · Development within the Subdistrict shall make provisions for vehicular and pedestrian interconnection to properties to the north. · Commercial components of this Subdistrict shall be oriented toward the Collier Boulevard road fronta.qe. · Commercial uses are limited to a maximum of 40 acres and 325,000 square feet of .qross leasable area. · The maximum intensity of commercial uses are those allowed in the C-4, General Commercial, zonin.q district. At least one re,qional commercial use is required to occupy a minimum of 100,000 s.f. of bu din,q area. Each remainin.q re,qional commercial use must occupy a minimum of 20,000 s.f. of bu din,q area. · Non-reqional commercial uses prohibited in this Subdistrict include grocery stores, fitness centers, auto repair, auto sales, personal services. · Non-reqional commercial uses are limited to a maximum of 10% of the total allowed commercial square feet (32,500 s.f.). · A maximum of four out-parcels are allowed, all of which must front Collier Blvd. (SR-951). All out-parcels shall provide internal vehicular access. All out-parcels are limited to non- re.qional commercial uses. No out-parcel can exceed five acres. · Commercial development shall be restricted to one-story buildings with a maximum height of 35 feet. · Residential development shall be limited to a maximum of 500 dwellinq units, subiect to the Density Ratin,q System. However, a minimum of 200 affordable housinq units shall be provided. · Residential dwellin,qs shall be limited to a maximum hei.qht of three habitable stories. · Both commercial and residential development shall be desiqned in a consistent architectural theme. · Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be approved by Collier County. · Landscape buffers within this Subdistrict shall be no less than that required in mixed-use activity centers. The following text changes to the Future Land Use Element will also need to be changed if amendment is approved: Policy 1.1: [Words underlined are added; words struckthrough are deleted.] No. ._'~ NOV 13 2001 The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional Neighborhood Design Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed-Use Subdistrict 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise approximately 3,000 acres, including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Henderson Creek Mixed Use Subdistrict, the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: A~,.~A ITEM [Words underlined are added; words struckthrough are deleted.] - ~ NOV 13 2001 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict and Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, and Interchange Activity Center Subdistrict, and Livingston/Pine Ridge Commercial Infill Subdistrict, and Henderson Creek Mixed Use Subdistrict., and in the Bayshore/Gateway Triangle Redevelopment Overlay. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to add a new land use designation for a specific site so as to allow for a mixture of regional commercial uses and integral residential development, to serve the south Naples and Marco Island areas. The subject site consists of approximately 84 acres and is located east of S.R. 951 and south of U.S. 41 {Tamiami Trail East). The "Henderson Creek Mixed-Use Subdistrict" would be restricted to one-story buildings with a maximum height of 35 feet. As proposed, commercial uses are limited to a maximum of 40 acres and 325,000 square feet of gross leasable area, and a maximum of 500 dwelling units within the residential development. However, a minimum of 200 affordable housing units must be provided. The density rating system of the Future Land Use Element will govern the residential density. Residential dwellings are limited to a maximum height of three habitable stories. Both commercial and residential development must be designed in a consistent architectural theme. SURROUNDING LAND USE~ ZONING AND FUTURE LAND USE DESIGNATION: Ex sting Conditions: The entire subject property is presently vacant and designated Urban Coastal Fringe on the Future Land Use Map. The subject property is zoned RSF-3 and can currently be developed as single-family residences at a maximum density of three units per gross acre. However, if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance, a bonus of up to 8 residential units per gross acre may be added for a maximum density of 11 DU/A. Surrounding Land Use: North: North of the site is a couple of vacant parcels that are zoned C-4, C-2, and A. Most of those parcels are located within Activity Center 18 with exception of the Agricultural zoned land. West: West of the site is Eagle Creek PUD, a residential golf course community approved for 470 residential units. East: East of the site is a mobile home park zoned TTRVC. South: South of the site is Holiday Manor mobile home park that is zoned MH. All surrounding properties are designated Urban Coastal Fringe Subdistrict. [Words underlined are added; v~rds struckthrough are deleted.] No. ,._._~'~ NOV 1 3 2001 STAFF ANALYSIS: Environmental Impacts: The Current Planning Environmental Specialist has reviewed the proposed amendment and finds no consistency issues. Traffic Capacity/Traffic Circulation Analysis: Comments received from the Transportation Planning Department yields an understanding that they have no objection to the approval of this petition for transmittal to DCA. Comprehensive Planning Staff has made the following analysis in regards to the subject property; SR-951 from Manatee Road to U.S. 41 has an adopted LOS D with an AADT of 35,211(counts submitted from petitioner). The anticipated additional traffic added by the proposed project from Manatee Road to U.S. 41 is an additional 5360 AADT (counts submitted from petitioner). SR-951 is currently a 4 lane minor arterial. The Transportation Element shows that SR- 951 will be expanded to a 6-lane facility within the next 5 to 10 year planning horizon. · U.S 41 East from SR 951 to CR 92 has an adopted LOS D with an AADT of 10,492. (counts submitted from petitioner). The anticipated additional traffic added by the proposed project from U.S. 41 East to CR 92 is an additional 3656 AADT (counts submitted from petitioner). · U.S 41 East, from the SR 951 intersection eastward is currently a 2-lane principal arterial. U.S. 41 East, from the SR 951 intersection eastward to CR 92 is shown in the Transportation Element to be expanded to a 4-lane facility within the next 5 to 10 year planning horizon. · The subject property will have access from SR-951 as well as U.S. 41 East. These access points will be connected by a (loop) road that is open to the public. Public Facilities Level of Service Analysis: Comprehensive Planning Staff has reviewed the petitioner's Public Facilities Level of Service Analysis and finds no consistency issues regarding all other category A Public Facilities (Potable Water, Sanitary Sewer, Solid Waste, Drainage, and Community and Regional Parks). Commercial Demand Analysis: The petitioner has prepared and submitted a market feasibility and demand analysis for the subject parcel. As stated in the petitioner's analysis, the subject site is appropriate for development of building material and mass merchandising outlets. The petitioner's analysis lists the following reasons why the subject property has optimum locational advantages for commercial use: substantial residential development north, south and west of the site; direct access to the site for south-bound travelers exiting south from 1-75 Exit 15; and positioning in the center of a rapidly- developing Primary Trade Area (PTA). The petitioner's Primary Trade Area is the planning communities of East Naples and South Naples. [Words underlined are added; words struckthrough are deleted.] 5 NOV 1 3 2001 TABLE A PROPOSED EXISTING/PLANNED ~,: DEVELOPMENT DEVELOPMENT ~MiXed. Use Subdistrict" Regional Mass-Merchandising (Acres/Total Sq. Ft.) Shopping Outlets (A cms) (Total Sq. Ft.) HENDERSON CREEK MIXED. USE Home Depot-Pine Ridge SUBDISTRICT Total 83 Acres 18.45 Acres Total Commercial Acreage: 40 149,700 sq. ft. Total Commercial: 325,000 scI. ft Home Depot-Airport Road 8.84 Acres 135,112 sq. ft. Sams Club-lmmokalee Road 21.795 Acres 163,280 sq. ft. Costco. Naples Boulevard 13.8 Acres 136,469 sq. ft. Sports Authority- Airport Road 4.699 Acres 42,250 sq. ft. Appropriateness of Change: The petitioner contends that the subject 83-acre site should be established as a mixed-use subdistrict due to the expressed demand for regional commercial development, substantial residential development surrounding the subject site, its access to the roadway network from traffic exiting from 1-75 exit 15, and its position in the center of a rapidly developing trade area. The petitioner states that the Henderson Creek Mixed Use Subdistrict will make provisions for vehicular and pedestrian interconnection to properties to the north that are within Activity Center #18. As permitted under the current zoning, the subject property could be developed for residential with up to three dwelling units per gross acre. With density bonuses (affordable housing provision), a maximum addition of 8 units per gross acre could be added for a total of 11 DU/A. Residential uses are compatible with the existing residential development along US 41 and SR 951. Nonresidential uses such as private or public schools, churches, recreational and public facilities, child care or adult living facilities could be developed on this site as well. Any of these uses would be compatible with the residential uses to the south, west, and east of the subject property. The petitioner does not indicate the site cannot be developed in accordance with the existing FLUE designation. Instead, the petitioner states in the market analysis that the highest and best use of the land is commercial. Further, the petitioner asserts there is a demand in this area for sites large enough to accommodate regional commercial uses. There are approximately 140+/- acres with in Activity Center #18 and all but approximately 12 acres are zoned commercial. There are approximately 82 acres of undeveloped commercially zoned property within Activity Center #18. There are approximately 57 acres of developed commercially zoned property within Activity Center #18. Most of the undeveloped commercial property within Activity Center #18 does not offer the proper depth or lot size to support a regional mass-merchandising outlet. Within the South Naples Planning Community there is al: ~roximCtelv 802 acres of commercially zoned land with a total of approximately 961,648 square f( Bt of AP..Z. NDA ITi~ [Words underlined are added; words struckthrough are deleted.] b NOV 13 2001 .g.._3 5 commercial uses already built. There is approximately 149 acres of vacant commercial property within the South Naples Plannin~l Community. SOUTH NAPLES i ACTIVITY CENTER #'18' PLANNING COMMUNITy* Total Commercial Acres Total Commercial Acres 140 802 Total Vacant Commercial Acres Total Vacant Commercial Acres 82 149 · Source 1998 Commercial Inventory prepared by Comprehensive Planning Section During the Evaluation and Appraisal Report (EAR) process for the GMP, it was generally recognized that mixed use Activity Centers were not developing with a mixture of uses; rather, they were developing as commercial centers. In effort to eliminate some of the opportunity for more commercial development within Activity Centers, the EAR-based amendments to the GMP resulted in site-specific boundaries for all Activity Centers. For the most part, these boundaries followed existing commercial zoning (as opposed to maintaining the % mile square configuration that comprised 160 acres.) Activity Center # 18 was one of those with changed boundaries; instead of 160 acres, it now comprises of +/- 140 acres, +/-128 acres of that total is zoned commercial. Though this petition is not requesting an expansion of Activity Center #18, it is requesting an opportunity for up to 40 acres for commercial development on a site adjacent to Activity Center #18. Though the focus of this amendment is provision of "regional commercial uses", there is no specific definition of this term in the GMP or LDC, and between 192,500 s.f. and 225,00 s.f. of "regional commercial uses" could be developed with in buildings as small as 20,000 s.f. In staff's opinion, there is a significant inventory of available commercial sites to accommodate buildings of that size. For these reasons, though staff supports this petition for transmittal, staff will continue review of this petition and may, at adoption hearings, recommend additional changes to the petitioner's text. These changes could include providing a definition of "regional commercial uses", providing additional building square feet limitations, and listing additional prohibited non- regional uses. FINDINGS AND CONCLUSIONS: ~ Within the petitioners Primary Trade Area, there is a very limited supply of adequate sites to accommodate regional mass merchandising outlets. ~ There are approximately 82.43 acres of undeveloped commercial zoned property within Activity Center #18. ~ Most of the undeveloped commercial property within Activity Center #18 does not offer the proper depth or lot size to support a regional mass-merchandising outlet. ~ The Henderson Creek Mixed Use Subdistrict text requires that at least "one regional commercial use is required to occupy a minimum of 100,000 s.f. of building area. Each remaining regional commercial use must occupy a minimum of 20,000 s.f. of building area." ~ The Henderson Creek Mixed Use Subdistrict text requires "a minimum of 200 affordable housing units". [Words underlined are added; words struckthrough are deleted.] No, .... I NOV 132001 ~ U.S 41 East from SR 951 to CR 92 has an adopted LOS D with an AADT of 10,492. (counts submitted from petitioner). The anticipated additional traffic added by the proposed project from U.S. 41 East to CR 92 is an additional 3656 AADT (counts submitted from petitioner). ~ SR-951 from Manatee Road to U.S. 41 has an adopted LOS D with an AADT of 35,211(counts submitted from petitioner). The anticipated additional traffic added by the proposed project from Manatee Road to U.S. 41 is an additional 5360 AADT (counts submitted from petitioner). STAFF RECOMMENDATION: Staff recommends the petition be forwarded to the Board of County Commissioners with a recommendation to transmit to DCA. PREPARED By:o DATE: ~)~-~ Aaron Bl~ir ~ Senio~r ..~,.~_~ * ..'~-, .,__..~ REVIEWED BY: ~ [ (,¢~-/~"~¢""ro~-- DATE: //'~! S'~ta~-C'Litsinger, AIO¢ Comprehensive Planning Manager APPROVED BY: ~ 1~¢'~ DATE: Tom Kuck, Interim Planning Services Director APPROVED BY: ~~~ DATE: Jot~)-unnuck, Acting Administrator CoNImunity Development & Environmental Services Division PETITION NO.: CP-2001-oH Staff Report for October 18, 2001 CCPC Meeting. NOTE: This petition has been advertised for the November 13, 2001, BCC Meeting. COL~R COUNTY PLAI~NI~ MMISSION: JOYCEA~NA J. RAUTIO, C~IAIRMAN NOV1 3 200! AGENDA ITEM 8- j MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT COMPREHENSIVE PLANNING SECTION DATE: October 10, 2001 RE: PETITION NO. CP-2001-5, Research and Technology Park Subdistrict GEOGRAPHIC LOCATION: Not applicable. Text amendment only. REQUESTED ACTION: This petition was directed by the Board of County Commissioners at its Economic Development Workshop held in May 2001. The petition would amend the existing Future Land Use Element of the Collier County Growth Management Plan to create a new mixed use subdistrict known as the Research and Technology Park Subdistrict. The proposed text change adds the following language to the Urban - Mixed Use District and changes would also be made to the Urban Commercial District and Urban Industrial District to add this Subdistrict as noted by the underlined and shaded sections below: I. URBAN DESIGNATION A. Urban- Mixed Use District Research and Technoloqy Park Subdistrict The Research and Technoloqy Park Subdistrict is intended to provide for a mix of tarqeted industry uses - aviation/aerospace industry, health technoloRy industry, information technoloRy industry, and li.qht, Iow environmental impact manufacturinq industry - and non-industrial uses, desi.qned in an attractive park-like environment with low structural density where buildinq covera.qe ran.qes between 25% to 45% and where landscaped areas provide for bufferinq and enjoyment by the employees and patrons of the park. Research and Technoloqy Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the .qeneral uses allowed within each District, the specific uses set forth below, and shall comply with the followinq .qeneral conditions: a~ Research and Technoloqy Parks shall be permitted to include up to 20% of the total acrea.qe for non-tarqet industry uses of the type identified in DaraclraD, and, up to 20% of the total acrea,qe for workforce housinq, except as , J. NOV132001 Note: words s.ruc ..... rvugh are deleted; words underlined are added AGENDA ITEM 8- J para.qraph "i" below. At a minimum, 60% of the total park acreaqe must be devoted to target industry uses identified in paragraph "c" below. The specific percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria specified in the Land Development Code. b_ Access to arterial and collector road systems shall be in accordance with the Collier County Access Management Policy and consistent with Obiective 7 and Policy 7.1 of the Transportation Element. c_. The Tarqet Industries identified by the Economic Development Council of Collier County are aviation, biomedical and information technolo.qies and include the fol owing uses: Software development and programming; internet technoloqies and electronic commerce; multimedia activities and CD-ROM development; data and information processinq; call center and customer support activities; professional services that are export based such as laboratory research or testinq activities; light manufacturin.q in the hiqh tech target sectors of aviation, biomedical and information technologies; office uses in connection with on-site research, development testinq and related manufacturinq; general administrative offices of research and development firms; educational, scientific and research orqanizations; production facilities and operations. d. Non-tarqet industry uses may include hotels at a density consistent with the Land Development Code and those uses of the C-1 throuqh C-3 zoninq districts that provide support services to the tarqet industries such as .qeneral office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee trainin.q, technical conferencinq, day care center, restaurants and corporate and qovernment offices. e. When the Research and Technoloqy Park is located within the Urban Industrial -- District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or desiqnated industrial. When a Research and Technoloqy Park is located in the Urban Commercial District or Urban- Mixed Use District, the industrial uses shall be limited to those tarqet industry uses. f. Research and Technology Parks must be a minimum of 35 acres in size. ~ Research and Technology Parks located within Interstate Activity Center quadrants that permit industrial uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. h. Research and Technoloqy Parks shall adopt standards for the development of individual building parcels and general standards for bufferinq, landscaping, open space, sicmacle, liClhtin.q, screening of outdoor storaqe, parkin.q and access manaqement. i. When located in a District other than the Urban Industrial District, the Research and Technoloqy Park must be adiacent to, and have direct access to, a road classified as an arterial or collector in the Transportation Element. i. Research and Technoloqy Parks shall not be located on land abuttinq residential zoned property, unless the Park provides workforce housinq adiacent to such abuttinq land(s). When abuttinq residential zoned land, up to 40% of the Park's total acreaqe may be devoted to workforce housinq. k_. Whenever workforce housinq ("affordable housinq") is provided, it is allowed at a density consistent with the Density Ratin.q System. NOV 13 2001 Note: words struc~ through are deleted; words underlined are added 2 AGENDA ITEM 8- J I_. Buildinq permits for non-industrial uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of buildin.q area prior to issuance of the first building permit for a tarqet industrial use. m. Research and Technoloqy Parks must be compatible with surroundinq land uses. n_. Research and Technology Parks are encouraqed to utilize PUD zoning. o_. The Planned Unit Development Ordinance or Rezoninq Ordinance for a Research and Technoloqy Park proiect shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. The maximum additional acreaqe eligible to be utilized for a Research and Technoloqy Park Subdistrict within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. The following text changes to the Future Land Use Element will also need to be changed if amendment is approved: B. Urban Commercial District 4. Research and Technoloqy Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of tarqeted industry uses - aviation/aerospace industry, biomedical technoloqy industry, information technology industry, and light, Iow environmental impact manufacturing industry - and non- industrial uses, designed in an attractive park-like environment with Iow structural density where buildinq coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by lhe employees and patrons of the park. Research and Technology Parks shall be allowed as a subdistrict in the Urban Commercial District subject to the criteria set forth under the Research and Technoloqy Park Subdistrict in the Urban Mixed Use District. C. Urban - Industrial District The Research and Technoloqy Park Subdistrict is intended to provide for a mix of tarqeted industry uses - aviation/aerospace industry, biomedical technoloqy industry, information technoloqy industry, and li.qht, Iow environmental impact manufacturing industry - and non- industrial uses, designed in an attractive park-like environment with Iow structural density where buildinq coveraqe ranges between 25% to 45% and where landscaped areas provide for buffering and enioyment by the employees and patrons of the park. Research and Technology Parks shall be allowed as a subdistrict in the Urban - Industrial District subject to the criteria set forth under the Research and Technoloqy Park Subdistrict in the Urban Mixed Use District. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdlstrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict NOV I 3 2001 ................... ~.. are deleted; words underlined are added 3 L AGENDA ITEM 8- J 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional Neighborhood Design Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict B, URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technoloqy Park Subdistrict C. URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict 2. Research and Technoloqy Park Subdistrict I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: 13. Research and Technolo.qy Park uses subiect to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-Industrial District. PURPOSE/DESCRIPTION OF PROJECT: In May 2001, the Economic Development Council of Collier County began meeting with Planning Services staff to discuss issues related to the adequate provision of lands for the EDC's high tech target industries. The EDC's target industries are aviation, biomedical and _ information technology. The purpose of the Research and Technology Park Su xtl~i.~jti~lEtqO, e~T~ provide for a mix of target industry uses. NOV 1 3 2001 Note: words struck through are deleted; words underlined are added ,..~G] 4 AGENDA ITEM 8- J The Research and Technology Park designation as proposed includes a combination of Iow environmental impact industries allowed in either the Business Park, Industrial or Commercial zoning districts, but no single land use or zoning district allows the combination of uses that would be provided for in a Research and Technology Park designation. Of the target industry uses (high tech/Iow environmental impact) identified by sic code, only 23.08% are allowed within the current Business Park (BP) Subdistrict. The BP Subdistict also has more stringent Iocational criteria. Access is from the arterial road system unless the Business Park is within the Industrial Subdistrict. A Research and Technology Park would be allowed along a collector or arterial roadway. It also would be allowed adjacent to residential provided that workforce housing was developed on site and abutting the neighboring residential use. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Not applicable. Text amendment only. STAFF ANALYSIS: Environmental Impacts: Not applicable. Site specific environmental impacts would be evaluated at the time of rezone. Traffic Capacity/Traffic Circulation Analysis: Not applicable. Site specific traffic impact analysis would be evaluated at the time of rezone. Other Cate.qory "A" Public Facilities: Site specific impacts to these facilities (potable water, sanitary sewer, solid waste, drainage, and community and regional parks) would also be evaluated at the time of rezone. COMPATIBILITY This proposed amendment would expand the potential for higher intensity uses to roadways designated as collector facilities. The arterial roadway classification, currently is limited to US 41, SR 84 (Davis Boulevard), SR 29, Immokalee Road, Pine Ridge Road (from U.S. 41 to 1-75) and Airport-Pulling Road (from U.S 41 to Pine Ridge Road). Criteria for compatibility with adjacent land uses would be developed through the Land Development Code and consistent with the provisions stipulated in the proposed text amendment. In the language of the text amendment there are provisions to limit uses to industries and activities with Iow environmental impact designed in a park like setting. When adjacent to residential, the project must have a residential component between the neighboring residential development and any research and technology associated uses. APPROPRIATENESS OF CHANGE In discussions with the Economic Development Council (EDC) staff, issues were raised regarding adequate provision of lands and incentives for promoting the development of the EDC's defined target industries. In response, the Planning Services Department staff drafted preliminary language for a new land use provision to address incentives from a land use perspective and provide additional incentives and opportunities for the developr ~e~t '-'~ industrial uses and workforce housing within the County's Coastal Urban Area. I~ o° ~ NOV 13 2001 Note: words struck through are deleted; words underlined are added 5 AGENDA ITEM 8- J The intent of the proposed "Research and Technology Park" land use designation would not be to replace the existing "Industrial" District and "Business Park" Subdistrict, but to provide an additional alternative and incentive to land owners seeking to develop limited available lands within theCoastal Urban Area. Of the target industry uses (high tech/Iow environmental impact) identified by SIC code, only 23.08% are allowed within the current Business Park (BP) Subdistrict. The BP Subdistict also has more stringent Iocational criteria. Access is from the arterial road system only unless the "Business Park" is within the "Industrial" District. The purpose of the "Research and Technology Park" designation is to provide for a mix of high-tech target industry uses (aviation/aerospace, bio-medical technology, and information technology industry) and associated light, Iow environmental impact manufacturing industries, as well as, non-industrial uses, such as corporate headquarters, office, retail and workforce housing designed in an attractive park-like environment. The differences between the new proposed designation and the existing "Business Park" designation is that the new designation would allow up to 20% to be developed as support commercial (C-1, C2, C-3) and road access would be expanded to include collector facilities. In addition, multi-family residential for workforce housing would be allowed as another non- industrial use, and required when abutting residential zoning. The Collier County Planning Services Department completed the Collier County Industrial Inventory in May 2001. As part of the Inventory, a list was developed of vacant properties along arterials and collectors, 35 acres or more, with existing zoning, size, and location noted. These properties, all over 35 acres may, after further analysis, provide opportunity for development as "Research and Technology Parks". Currently there are a limited number of parcels within the Coastal Urban Area that meet the acreage and Iocational criteria for a Business Park. The list indicates that there are a total of 24 parcels within the Coastal Urban Area located along arterial roadways that are 35 acres or more. By allowing Research and Technology Parks to locate along roadways classified as collectors as well as arterials, the number of potential locations expands to a total of 54 parcels. FINDINGS AND CONCLUSIONS: 1) Based on the 2001 Industrial Inventory, there are a limited number of parcels remaining in the Coastal Urban Area that meet the acreage and location criteria for the Business Park Subdistrict. These remaining parcels could also be eligible for other types of development such as residential, further limiting the number of potential locations for the Business Parks. 2) The text of the proposed Research and Technology Park Subdistrict provides for a combination of uses not currently allowed within the Business Park designation. 3) The proposed Research and Technology Park Subdistrict includes Iocational criteria that provides incentives for the provision of work force housing by allowing the Park to be located adjacent to residential uses or zoning. The Park would be required to provide work force housing on site, and to locate it abutting the neighboring residential use. 4) As proposed, Research and Technology Parks could be located along collector and arterial roadways. Business Parks can only be located along facilities designated as arterials. ~ , NOV 1 3 2001 Note: words ............. ~., are deleted; words underlined are added d.-/.. J 6 AGENDA ITEM 8- J 5) The proposed amendment provides incentives for developing parks for high tech target industries by allowing support commercial services found within the C-1, C-2 and C-3 zoning districts, plus hotels. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CP- 2001-5 to the Board of County Commissioners (BCC) with a recommendation to transmit this amendment to the Florida Department of Community Affairs (DCA). AC..~.NDA IT~ N~. ~ N0V 13 2001 Note: words str'~'c~ throu~lh are deleted; words underlined are added 7 AGENDA ITEM 8- J PREPARED BY: AMY K. TA~:~R, AI~rP O D'ATE PRINCIPAL"'PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: E'lr;t-, AICP ~ DATE COM~E PLANNING MANAGER THOMAS KUGK, P.E. DATE INTERIM PLANNING SERVICES DEPARTMENT DIRECTOR JOtT~l DUN~UC~, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SE'RVICES DIVISION Petition No.: CP-2001-O5 COLLIEI~jOUNTY PLANNI~_OMMISSION: NOV1 3 2001 Note: words str'--'ck through are deleted; words underlined are added - pg. ~ 7 RESOLUTION NO. 01- A RESOLUTION APPROVING AMENDMENTS TO THE FUTURE LAND USE ELEMENT; THE FUTURE LAND USE MAP; THE GOLDEN GATE AREA MASTER PLAN; AND THE GOLDEN GATE FUTURE LAND USE MAP OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provi(Jes authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared Plan Amendments to the following elements of its Growth Management Plan: Future Land Use Element including the Future Land Use Map Golden Gate Area Master Plan Element including the Golden Gate Future Land Use Map; and WHEREAS, the Collier County Planning Commission has considered the proposed amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendments, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed Amendments and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments, within sixty (60} days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan Amendments, must review and determine if the Plan Amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board Of County Commissioners of Collier County, Florida, that: NOV 13 2001 Words underlined are additions; Words struck thrcugh are de 9tions The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendments prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal sufficiency: Marjorie M. Student Assistant County Attorney 2001 GMP Transmittal Resolution NOV 1 3 2001 Words underlined are additions; Words struck thrcuGh are deletions Exhibit A CP-2001-1 2. ESTATES DESIGNATION a. Estates-Mixed Use District 1_). Residential Estates Subdistrict - Single-family residential development may be allowed within the Estates Mixed Use Subdistrict at a maximum density of one unit per 2% gross acres unless the lot is considered a legal non-conforming lot of record. 2) Nei.qhborhood Centers Subdistrict - Recognizing the need to provide basic goods and services to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. a) Location The locations are based on intersections of major roads and spacing criteria (See Map 9). The centers are designed to concentrate all new commercial zoning in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial development. · (Ill)The node at the NE and SE quadrants of Wilson and Golden Gate Boulevards is approximately 12.15 acres in size and consists of Tract 1, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development or Conditional Uses, as permitted in the Estates zoning district, and allocates 2.15 acres to project buffering and right-of-way for Golden Gate Boulevard and Wilson Boulevard. · The node at CR-951 and Pine Ridge Road is located on both sides of the intersection. Tracts 109 ! !2 114 and the N!/2 cf Tract ! !3, Unit 26, Golden Gate Estates are included in this node as eligible for commercial development. The Sl/2 cf Tract ! !3 and the E1/2 of Tract 107, Unit 26 are is also included within this node but are is only to be used for buffer, water management and open space. (I) b) Criteria for development at the nodes are as follows: · Limited to Iow intensity transitional commercial uses that are compatible with both residential and commercial, , · Convenience commercial to provide for small scale shopping and personal needs, and N~. t' · Intermediate commercial to provide for a wider variety of goods and NOV 1 3 2001 services in areas that have a higher degree of automobile traffic. These .4. , I [Words underlined are added; Words struck through are deleted] ! uses shall be similar to C-1, C-2, or C-3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991). · Future commercial uses are limited to the intersection of Pine Ridge Road and CR-951. This Neighborhood Center may be developed at 100% commercial and must provide internal circulation, and any rezoning is encouraged to be in the form of a PUD. This Neighborhood Center may also be utilized for single family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities. · The parcels immediately adjacent to the existing commercial zoning at the northeast quadrant of Golden Gate Boulevard and Wilson Boulevard may qualify for Conditional Use under the transitional use provision of the Conditional Use Subdistrict of this Master Plan Element. · A single project shall utilize no more than 50% of the total allowed commercial acreage. The percentage may be increased at the discretion of the Board of County Commissioners; · The project is encouraged to make provisions for shared parking arrangements with adjoining developments; · Access points shall be limited to one per 180 feet commencing from the right-of-way of the major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per quadrant shall be allowed; · Driveways and curb cuts shall be consolidated with adjoining ~ developments, whenever possible; · Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment; · Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that for valid, approved conditional uses, no such buffer is required. ; Prcjects~.°~'"',~.. provide~"~°5 ~'"*,w. '";,4"..,~v 'r, .... ,~,-- r,v ~''.,,.,,~, , '~ .... ~ ~.,~,,~,.,4 .... ~,,,,4 ,,,~" *~,,:,.,.~ ' "-,4 Development r,,,,4,, ~,,,,, ..... ,,,, .,~,, ,**;,,,, ,;,,h* ,,¢ ........ ,4 th,- · Projects shall provide a 25-foot wide landscape buffer abuttinq the external riqht of way. This buffer shall contain two staq.qered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedqe at least 24 inches in hei.qht at time of plantin.q and attaininq a minimum of three feet in heiqht within one year. If existinq trees are not available to be preserved, then a 2-foot hiqh undulatinq berm at a 3:1 slope shall be provided. A minimum of 50% of the 25- foot wide buffer area shall be comprised of a meanderinq bed of shrubs and ground covers other than .qrass. · For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11th Avenue S.W. Also, vehicular interconnection shall be provided to the ac property(s) in the Neiqhborhood Center. '-- NOV 13 2001 [Words underlined are added; Words str'..'ck throu..3h are deleted] 2 EXHIBIT A PETITION CP-2001-01 MAP2 °OLDEN °ATE A~EA GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND FUTURE LAND USE MAP ] ,NF,LL CC~M£R£rAL [] SE YT~MEN ? NAPL~ [MMOKALEE ROAD ACTI~IY CENTER ~ ESTA~SO~EN GA~ I G~DEN GATE PARKWAY 0 I R[~DENTIAL NAPLES IMMOKALEE ROAD VANDE~[LT , ~ OOLD~N GATE~ BOULEVARD ~ BLVD__ ~ - - (CP-2001-01) m SR ~4 DAVIS BLVD EXT < EXHIBIT A PETITION CP-~O01-01 M^P 9 GOLDEN GATE ESTATES -- NEIGHBORHOOD CENTERS Collier County, Florida C.R. 846 - \ C.R. 858 C.R. 846 / 03  WHITE BLVD. ~'J d SUBJECT SITE ~ (CP-2001-01) ~ INTERSTATE- 75 {~LO01 PROPOSED AGENDA IT~ LEGEND , ~ ..: ~.~.,~ ~.~ ~..,~ ~o~ ~o~ NOV 1 ~ ~0~1 ~ .... CO~UNITY DE~LOP~ENT AND EN~ON~ENTAL SE~CE~ ~SION 0 FILE: G~LU-CP-2OOI-O1A.D~ DATE: 9/01 ~. /~l-- Exhibit A CP-2001-2 A. URBAN MIXED-USE DISTRICT Buckley Mixed Use Subdistrict The intent of this Subdistrict is to allow for limited small-scale retail, office and residential uses while requirin.q that the project result in a true mixed-use development. The Activity Centers to the North and South provide for larqe-scale commercial uses, while this Subdistrict is intended to promote small-scale mixed use development with pedestrian orientation to serve existinq and future residential development in the immediate area. This Subdistrict is intended to be an example for future mixed-use nodes, providinq residents with a pedestrian scale development while also reducing existing trip lenqths for small-scale commercial services. Commercial uses for the purpose of this section are limited to those allowed in the C-1, C-2 and C-3 Zoning Districts except as noted below. The development of this subdistrict will be qoverned by the followinq criteria: a. Rezoninq is encouraged to be in the form of a PUD. b. A unified planned development with common architectural theme, which utilizes shared parking and cross. c. Retail uses will be capped at a maximum of 3,250 square feet per acre for the total project. d. Office uses will be capped at a maximum of 4,250 square feet per acre for the total project. e. Residential development will be subject to a maximum of 15 dwellinq units per acre for the total project. f. Maximum lot coverage for buildinqs is capped at 35% for the total proiect. g. No more than 25% of the total built square footage will be devoted to single stow buildinqs. h. Primary entrances to all retail and commercial uses shall be desiqned for access from the interior of the site. Buildinqs fronting on Airport Road will provide secondary accesses facinq the street. i. Ail four sides of each buildinq must be utilized in a common architectural theme. j. A residential component equal to at least 25% of the allowable maximum density must be constructed before completion of an aggregate total of 40,000 square feet retail or office uses. k. Residential units may be located throuqhout the Subdistrict. I. Integration of residential and office or retail uses in the same buildinq is encouraged. A minimum of 40% of the commercial square feet shall be within mixed use buildinqs (residential and commercial). m. Pedestrian connections are encouraqed to all perimeter propedies. n. No building footprint will exceed 15,000 square feet. Common stairs, breezeways or elevators may join individual buildinqs o. No building shall exceed three stories in heiqht with no allowance for under building parking. AGENOA I~ -- [Words underlined are added; Words struck through are deleted] NOV 3 2001 p. Drive-through establishments will be limited to banks with no more than three drive-through lanes; these drive-throuqh lanes must be architecturally integrated into the main buildinq. q. No .qasoline service stations will be permitted r. All buildings will be connected with pedestrian features. s. Twenty-foot wide landscape Type D buffer shall be required alonq Airport- Pullinq Road. A twenty- foot wide Type C landscape buffer shall be required along all other perimeter property lines. t. Parkinq areas must be screened from Airport-Pullinq Road and from any properties adiacent to this Subdistrict. The following text changes to the Future Land Use Element will also need to be changed if the amendment is approved: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise approximately 3,000 acres, including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. I, URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urba, ,~r,:,~ . will accommodate residential uses and a variety of non-residential uses. The U ban AGEJ~,~ ~ ~ [Words underlined are added; Words ctr'.-'c?, through are deleted] NOV 21 3 2001 Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict~ ~nd Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and Buckley Mixed Use Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, and Interchange Activity Center Subdistrict, and Livingston/Pine Ridge Commercial Infill Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. (IV) DENSITY RATING SYSTEM The Density Rating System is only applicable to areas designated Urban, Urban-Mixed Use District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. This Density Rating System only applies to residential dwelling units. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the Characteristics of the project. The Buckley Mixed-Use Subdistrict is not subject to the "Density Ratin.q System." NOV 13 2001 [Words underlined are added; Words struck through are deleted] EXHIBIT A PETITION CP-2001-02 BUCKLEY MIXED-USE SUBDISTRICT COLLIER COUNTY, FLORIDA VANDERBILT BEACH ROAD EXT. SUBJECT SITE NOV 1 3 2001 CP-2001-02 ... ~  LEGEND SCALE COMMUNITY D[VELOPMIFNT Al,ID ENVIRONMENTAL SERVICES Ol'vl$10N DATE: 9/O1 FILE: CP-2OO1-O2-A,DWC 0 1OOO FT. 2000 FT. Exhibit A CP-2001-3 3. LivinRston/Pine RidRe Commercial Infill Subdistrict This Subdistrict consists of two parcels; one parcel consists of 17.5 acres and is located at the southeast quadrant of Livingston Road, a collector roadway~ and Pine Ridge Road, a minor arterial roadway. The second parcel consists of 10.47 acres and is located at the northwest quadrant of Livingston Road and Pine Ridqe Road. In addition to uses allowed in the Plan, the intent of the Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well- planned access points to improve current and future traffic flows in the area. a. Southeast Quadrant If permitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to adjacent properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. --- Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in this S'JSd!stdct Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50-foot buffer of existing native vegetation will be preserved along all project boundaries located adjacent to area zoned agricultural. b. Northwest Quadrant The feasibility of interconnections to the adiacent properties to the North and West will be considered and, if deemed feasible, will be required durinq the rezoninq of the subject property. Buildinq height is limited to one story with a 35 foot maximum for all retail and general commercial uses. Buildinq height is limited to three stories with a 50 foot maximum for all general and medical office uses. Any proiect developed in this Quadrant may utilize any combination of retail commercial and/or office uses, provided that the total buildinq square footaqe does not exceed 40,000 square feet. NOV 1 3 2001 [Words underlined are added; Words struck thrcu§h are deleted] ! EXHIBIT A PETITION CP-2001-03 LIVINGSTON / PINE RIDGE. COMMERCIAL INFILL DISTRICT COLLIER COUNTY, FLORIDA SUBJECT SITE CP-2001-03 LEGEND ~.~%~J SUBDISTRICT SCALE ADDITION PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION 0 1000 FT, 2000 FT. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL S[RV1CES DIVIS~O~ DATE: g/O1 FILE: CP-2OOI-O3A.OWC Exhibit A CP-2001-4 HENDERSON CREEK MIXED-USE SUBDISTRICT The Henderson Creek Mixed-Use Subdistrict consists of approximately 83 acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trail East). The intent of the Subdistrict is primarily to provide for a mixture of reqional commercial uses and residential development, to serve the South Naples, Royal Fakapalm and Marco Island areas. The primary intent of the Subdistrict is not to provide for community and nei.qhborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of workforce housin.q to support the commercial uses within the Subdistrict, as well as in the South Naples, Royal Fakapalm and Marco Island areas. The entire Subdistrict shall be developed under a unified plan; this unified plan is encouraqed to be in the form of a Planned Unit Development. For purposes of this Subdistrict, the term "re.qional commercial" is defined as: Retail uses typically dominated by lar.qe anchors, includin.q discount department stores, off-price stores, warehouse clubs, and the like, some of which offer a larqe selection in a particular merchandise category. Regional retail uses also typically utilize square foota.qes ran.qin.q from 20,000 to over 100, 000 square feet. Reqional commercial uses generally have a primary trade area of 5 to 10 miles, with a typical store separation of 5 miles for any individual reqional commercial business. Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict are as follows: · Access to the Subdistrict shall be provided from Collier Boulevard and U.S. 41. These access points shall be connected by a loop road that is open to the public. · Vehicular and pedestrian interconnections shall be provided between the residential and commercial portions of the Subdistrict. · The unified plan of development within the Subdistrict shall include provisions for vehicular and pedestrian interconnection to properties to the north. · Commercial components of this Subdistrict shall front on Collier Boulevard. · Commercial uses are limited to a maximum of 40 acres and 325,000 square feet of gross leasable floor area. · The maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zonin,q District. · At least one reqional commercial use is required to occupy a minimum of 100,000 square feet of qross leasable floor area. Each remaining reqional commercial use must occupy a minimum of 20,000 square feet of qross leasable floor area. · Non-regional commercial uses prohibited in this Subdistrict include .qrocery stores, fitness centers, auto repair, auto sales, and personal service uses. · Non-re.qional commercial uses are limited to a maximum of 10% of the total allowed commercial square footaqe (32,500 square feet). · A maximum of four out-parcels are allowed, all of which must abut Collier Boulevard. (SR-951). All out-parcels shall provide internal vehicular access. All out-parcels are limited to non-reqional commercial uses. No out-parcel shall exceed five acres. · Commercial development shall be restricted to one-story buildin.qs with a ~vir~, ~.,m-. --- ~-i h ei.qht of 35 feet. I [Words underlined, are added; Words struckthrough are deleted] NOV I 3 2001 · Residential development shall be limited to a maximum of 500 dwellinq units, subiect to the Density Rating System. However, a minimum of 200 affordable housinq units shall be provided. · Residential dwellin.qs shall be limited to a maximum heiqht of three habitable stories. · Both commercial and residential development shall be desiqned in a common architectural theme. · Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be approved by the Board of Collier County Commissioners. · The type of landscape buffers within this Subdistrict shall be no less than that required in mixed use activity centers. The following text changes to the Future Land Use Element will also need to be changed if amendment is approved: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional Neighborhood Design Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed-Use Subdistrict 1, Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise approximately 3,000 acres, including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/ '~"" [Words underlined are additions; Words .......... °* .... ~'*~'~-~,,~' are deleted] ,ov Commercial Infill Subdistrict, Henderson Creek Mixed Use Subdistrict, the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict and Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, and Interchange Activity Center Subdistrict, and Livingston/Pine Ridge Commercial Infill Subdistrict, and Henderson Creek Mixed Use Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. NOV 13 2001 [Words underlined are added; Words strut,t-.through are deleted EXHIBIT A PETITION CP-2001-04 HENDERSON CREEK I~IIXED-USE SUBDISTRICT COLLIER COUNTY, FLORIDA SUBJECT SITE CP-2001-04 IdANATEE AC~.NDA NOV 1 3 2001 LEGEND SCALE COMMUNITY DEVELOPMENT AND ENVIRONblENTAL SERVICES DiVISION DATE: 9/01 FILE: CP--20OI-O4A.OV~ Exhibit A CP-2001-5 I. URBAN DESIGNATION A. Urban - Mixed Use District Research and TechnoloRy Park Subdistrict The Research and Technoloqy Park Subdistrict is intended to provide for a mix of tar.qeted industry uses - aviation/aerospace industry; health technolo,qy industry, information technolo.qy industry, and li.qht, with minimal environmental impacts manufacturin.q industry - and non-industrial uses, desi.qned in an attractive park-like environment with Iow structural density where buildin.q covera.qe ran.qes between 25% to 45% and where landscaped areas provide for bufferin.q and enioyment by the employees and patrons of the Park. Research and TechnoloRY Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the .qeneral uses allowed within each District. These parks may include the specific uses set forth below, and shall comply with the followin.q .qeneral conditions: a. Research and Technoloqy Parks shall be permitted to include up to 20% of the total acrea.qe for non-tar.qet industry uses of the type identified in para.qraph d below; and, up to 20% of the total acreaqe for workforce housinq, except as provided in Paraqraph i below. At a minimum, 60% of the total park acreaqe must be devoted to tarqet industry uses identified in Paraqraph c below. The specific percenta.qe and mix of each cateqory of use for tar.qet industries, non-tar.qet industries and workforce housinq shall be determined at the time of re-zoninq in accordance with the criteria specified in the Land Development Code. b. Access to arterial and collector road systems shall be in accordance with the Collier County Access Manaqement Policy and consistent with Obiective 7 and Policy 7.1 of the Transportation Element. c. The Tarqet Industries identified by the Economic Development Council of Collier County are aviation, biomedical and information technolo,qies and include the followinq uses: Software development and pro.qramminq; internet technolo.qies and electronic commerce; multimedia activities and CD-ROM development; data and information processinq; call center and customer support activities; professional services that are export based such as laboratory research or testin.q activities; li.qht manufacturinq in the hiqh tech tarqet sectors of aviation, biomedical and information technolo,qies; office uses in connection with on-site research, development testinq and related manufacturinq; .qeneral administrative offices of research and development firms; educational, scientific and research or.qanizations; production facilities and operations. d. Non-tarqet industry uses may include hotels at a maximum density of 26 units per acre and those uses of the C-1 throuqh C-3 zoninq districts that provide support services to the tarqet industries such as ,qeneral office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, emplo technical conferencinq, day care center, restaurants and corporate an ,qovernment offices. Ne. ~" NOV 13 2001 [Words underlined are added; Words ............. "* .... ~-*~' ..... ~,,~' are deleted] e. When the Research and Technoloqy Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoninq District shall be permitted provided that the total industrial acreage is not .qreater than the amount previously zoned or desiqnated industrial. When a Research and Technoloqy Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to those target industry uses. f. Research and Technoloqy Parks must be a minimum of 35 acres in size. g. Research and Technoloqy Parks located within Interstate Activity Center quadrants that permit industrial uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. h. Standards for Research and Technoloqy Parks shall be adopted for the development of individual buildinq parcels and general standards for bufferin.q, landscaping, open space, si.qna.qe, liqhtinq, screening of outdoor storaqe, parkincl and access manaqement. i. When located in a District other than the Urban Industrial District, the Research and Technoloqy Park must be adjacent to, and have direct access to, a road classified as an arterial or collector in the Transportation Element. i- Research and Technoloqy Parks shall not be located on land abuttinq residentially zoned property, unless the Park provides workforce housinq on the nearest developable tract(s) to such abuttinq land(s). When abuttinq residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforc~. housing. k. Whenever workforce housinq ("affordable housing") is provided, it is allowed at a density consistent with the Density Rating System. I. Building permits for non-industrial uses identified in paraqraph "d" above shall not be issued for more than 10,000 square feet of buildinq area prior to issuance of the first buildinq permit for a tarqet industrial use. m. Research and Technoloqy Parks must be compatible with surroundinq land uses. n. Research and Technoloqy Parks are encouraqed to utilize PUD zoning. o. The Planned Unit Development Ordinance or Rezoninq Ordinance for a Research and Technolo.qy Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. The maximum acreage eligible to be utilized for a Research and Technoloqy Park Subdistrict within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. The following text changes to the Future Land Use Element will also need to be changed if amendment is approved: B. Urban Commercial District 4. Research and Technoloqy Park Subdistrict The Research and Technoloq¥ Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation/aerospace industry, biomedical technoloqy i -'~ .... information technology industry, and .qht, Iow env ronmental impact man~fa~ ' ' ,~ZND^ rrE, M [urlnf'l r., tx, industry - and non-in'dustrial uses, des'i,qned in an attractive park-like environ nent"~h NOV t 3 2001 [Words underlined are added; Words ............. o* .... u,~, .... u,,'~h are deleted] /-,/./...2 Iow structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enioyment by the employees and patrons of the park. Research and Technoloqy Parks shall be allowed as a subdistrict in the Urban Commercial District subiect to the criteria set forth under the Research and Technolo.qy Park Subdistrict in the Urban Mixed Use District. C. Urban- Industrial District The Research and Technology Park Subdistrict is intended to provide for a mix of tar.qeted industry uses - aviation/aerospace industry, biomedical technoloc~v industry, information technology industry, and light, Iow environmental impact manufacturing industry - and non-industrial uses, desi.qned in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for bufferinq and enioyment by the employees and patrons of the park. Research and Technoloqy Parks shall be allowed as a subdistrict in the Urban - Industrial District subiect to the criteria set forth under the Research and Technology Park Subdistrict in the Urban Mixed Use District. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional Neighborhood Design Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict B. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict C. URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict 2. Research and Technolo.qy Park Subdistrict I, URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban ' Designated Areas accommodate the majority of population growth and that ne intensive land uses be located within them. Accordingly, the Urban Area will NOV 1 3 2001 [Words underlined are added; Words ............. 6+ .... c,+~, ..... u,.~' are deleted] Pg. 3 ~j~_ accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: 13. Research and Technoloqy Park uses subiect to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-Industrial District. [Words underlined are added; Words struckthrough are deleted] 4 EXECUTIVE SUMMARY PETITION PUDA-2001-AR-500. R. BRUCE ANDERSON, ESQ. OF YOUNG, VANASSENDERP, VANADOE & ANDERSON, P.A. REPRESENTING THE SKINNER & BROADBENT DEVELOPMENT COMPANY, INC., CONTRACT PURCHASER, REQUESTING TO REPEAL THE CURRENT FALLING WATERS BEACH RESORT PUD AND TO ADOPT A NEW PUD FOR THE PURPOSE OF ADDING SELF- STORAGE (SIC # 4225) TO THE LIST OF PERMITTED USES AND REMOVING SOME OF THE PERMITTED USES INCLUDING RESTAURANTS, FAST FOODS RESTAURANTS, FOOD MARKETS AND AUTOMOBILE SERVICE STATIONS FROM THE COMMUNITY COMMERCIAL TRACTS OF THE PUD. THE SUBJECT PROPERTY IS LOCATED IN THE EAST SIDE OF COLLIER BOULEVARD (CR-95!) APPROXIMATELY 400 FEET NORTH OF TAMIAMI TRAIL AND COLLIER BOULEVARD INTERSECTION, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE FALLING WATER PUD CONSISTS OF 74.37 ACRES. THE COMMUNITY COMMERCIAL TRACTS CONSIST OF 4+ ACRES. OBJECTIVE: To have the Board of County Commissioners consider an application seeking to repeal the current Falling Waters Beach Resort PUD and to adopt a new PUD for the purpose of removing some of the permitted uses and adding additional uses to the list of the permitted uses in the commercial tract of the PUD while maintaining the community's interest. CONSIDERATIONS: This PUD was originally approved in 1988 (Ordinance No. 88-86) and was amended in 1992 (92-76) and in 1998 (98-33). The permitted uses for the commercial tracts allow all principal uses permitted in the C-1, Commercial Professional zoning district, automobile service stations, food markets, and restaurants including fast food. The applicant is proposing to keep C-1 uses, delete automobile service station, food market and restaurant uses and to add self-storage facilities to the list of permitted principal uses. The applicant is also proposing to reduce the maximum height from 50 feet to 36 feet, increase the commercial building areas from 49,000 square feet to 73,000 square feet and reduce the front yard setback along Collier Boulevard (CR-951) from 50 feet to 20 feet. This PUD contains a residential tract and 2 commercial tracts at the entrance to the residential development. The commerCial tracts currently share a single entrance with the residential development. NOV 1 3 2001 I pg. Self-storage use is a permitted conditional use in the C-4 zoning district and a permitted use in the C-5 and Industrial districts. This project by virtue of its location within an activity center, under the Collier County Growth Management Plan, qualifies for the full array of commercial uses allowed in C-1 through C-5, provided certain criteria are met. This property is located at the northeastern end of the activity center and to the north it is adjacent to the Marco Island water-supply property with a Iow potential for development. This use will be a step down in intensity from the higher traffic generating uses occurring at the center of the activity center which, at the present time, includes automobile service stations, fast food restaurants, conveniunce store, fruit stand and a large drug store. The site-generated trips from the commercial tracts, with 73,000 square feet of self- storage buildings will be 180 Average Weekday Trips. The highest intensity use proposed by this amendment will generate 260 Average Weekday Trip. The proposed amendment results in a decrease of 4400 site generated trips over the amount that could be generated by the currently approved PUD with uses such as restaurant and food store. As a result, this petition will reduce the number of trips on Collier Boulevard. Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. Collier Boulevard is currently a 4-lane arterial road with a 1999 traffic count of 33,727 and is operating above the adopted level of service standard of LOS "D". This PUD is located along a portion of Collier Boulevard that the GMP requires a minimum of 660 feet between any two driveways. A second access to the site from the northern portion of the property will put the new driveway closer than 660 feet from an existing driveway on Marco Island water supply site. The CCPC directed the applicants to investigate the feasibility of a common driveway with, or an easement allowing the to use the existing Marco Island water supply site driveway by the commercial tract of this PUD. Staff believes that there should be only one access on Collier Boulevard (0R- 951). The second access will be required on US-41. In 1998 when the PUD was amended to add a tract of land to the PUD, which provided frontage on Tamiami Trail, a language was added to the PUD Document requiring a second access point from Tamiami Trail. Several of the residents strongly objected to the new requirement. Historically the board approved commercial PUDs with 10,000 to 12,000 square feet of building per acre. This request is to build around 18,250 square feet per acre. The applicant is requesting a higher building area based on the fact that they are Iowedng the height and removing most high intensity uses, hence reducing the need for a larger parking and paved area. NOV 1 3 200t 2 ~,~. ~ _FISCAL IMPACT: This is a commercial development for up to 73,000 square feet of self-storage facility; the following Impact Fees will be applicable to this project: Road Impact fee: $41,391.00 Correctional facilities impact fee: $2,277.00 Fire Impact Fee: $21,900.00 EMS Impact Fee: $ t~49.00 Radon Gas $365.00 Buildin Code Administration Total ~ $67,247.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development review process. Whereas utility fees are based on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. At this point in time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. The above discussion deals with revenue schemes. A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads, which may have geographic concurrency implications. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban ('Urban Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Urban Commercial District allows the full array of commercial uses (C-1 through C-5), subject to certain criteria. Based on the above analysis, the proposed PUD amendment is deemed consistent with the Future Land Use Element of the Growth Management Plan. NOV 13 2001 3 ,ENVIRONMENTAL ISSUES: There are no environmental issues with this PUD amendment request. HISTORIC/ARCHAEOLOGICAL IMPACT' Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING STAFF RECOMMENDATION, Staff recommended that the CCPC forward Petition PUDA-2001-AR-500 to the Board of County Commissioners with a recommendation for approval. The main reason for this recommendation is the fact that the residential portion of the project shares a single entrance with the two existing commercial tracts. A reduction in the intensity of the proposed uses will have a positive effect in reducing the number of trips generated by these.commercial tracts. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was exempt from the review by the EAC. PLANNING COMMISSION RECOMMENDATION. The Collier County Planning Commission reviewed this petition on August 16, 2001 and by a unanimous vote recommended approval. Several people spoke against this petition at the* CCPC hearing and staff received several letters of objection which are attached to this report. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY: ~ Y, AICP / DATE CURRENT PLANNING MANAGER · AGENDA ITEM - NOV 1 3 2001 THOMAS E. KUCK, P.E. DATE ' INTEFU~ PLANNING SERVICES DIRECTOR I~R~'N E. ~E~ER, AICP DA~E./ T~q~ORTATION ADMINISTRATOR AI~PROVED BY: JC~N M. DUNNUCK III DATE IN~'ERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: PUDA-2001-AR-500 NOV 1 3 200I AGENDA ITEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: June 21, 2001 RE: PETITION NO: PUDA-2001-AR-500 OWNER/AGENT: Agent: R. Bruce Anderson, Esq. Young, VanAssenderp, Vanadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL. 34108 Owner: Albert Hubschman, contract seller '/'he Skinner & Broadbent Development Company, Inc., Contract purchaser (George P. Broadbent sole shareholder) 201 North Illinois Street, 23rd Floor Indianapolis, In. 46204-1950 REQUESTED ACTION: The petitioner seeks to repeal the current Falling Waters Beach Resort PUD and to adopt a new PUD for the purpose of adding Self-storage (SIC # 4225) to the list of permitted uses and removing some of the permitted uses including restaurants, fast foods restaurants, food markets and automobile service stations from the Community Commercial tracts of the PUD. GEOGRAPHIC LOCATION. The subject property is loCated in the west east side of Collier Boulevard (CR-951) approximately 400 feet north of Tamiami Trail and Collier Boulevard intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. This site consists of 74.37 acres. NOV 1 3 2001 1 imm mm m mm ~=. mmmm mmmmm, C NOV I 3 2001 PS. ~ o~ II ,! / A~A I~ NOV 1 3 2001 ~.~ PURPOSE/DESCRIPTION OF PROJECT: This PUD was originally approved in 198-8 (Ordinance No. 88-86) and was amended in 1992 (92-76) and in 1998 (98-33). The permitted uses for the commercial tract (5.05 acres) allow all principal uses permitted in the C-1, commercial professional zoning district, automobile service stations, food markets, and restaurants including fast food. The applicant is proposing to keep C-1 uses, delete automobile service station, food market and restaurant uses and to add self-storage facilities to the list of permitted principal uses. The applicant is also proposing to reduce the maximum height from 50 feet to 36 feet, increase the commercial building areas from 49,000 square feet to 73,000 square feet and reduce the front yard setback along Collier Boulevard (CR-951) from 50 feet to 20 feet. This PUD contains a residential tract and 2 commercial tracts at the entrance to the residential development. The commercial tracts share a single entrance with the residential development. The residents, in the past, had voiced their concerns with regards to the potential traffic generated by the permitted commercial uses on commercial tracts. They were trying to remove automobile service stations and fast foods from the list of permitted uses. Self-storage use is a permitted conditional use in the C-4 zoning district and a permitted use in the C-5 and Industrial districts. This project by virtue of its location within an activity center, under the Collier County Growth Management Plan, qualifies for the full array of commercial uses allowed in C-1 through C-5, provided certain criteria are met. This property is located at the northeastern end of the activity center and to the north it is adjacent to the Marco Island water-supply property with a Iow potential for development. This use will be a step down in intensity from the higher traffic generating uses occurring at the center of the activity center which, at the present time, includes automobile service stations, fast food restaurants, convenience store, fruit stand and a large drug store. SURROUNDING LAND USE AND ZONING: Existing: - Residenti~al with a 5.05 acre of commercial tract, zoned PUD Surrounding: North -Marco Island water supply property, zoned "A" Agricultural East - Vacant, zoned "A" Agricultural South - Fruit stand, zoned c-3 and vacant, zoned, "C-5", "C-4", and "A" Agricultural West - Collier Boulevard ROW, Commercial, zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth AGENDA I~M NOV 1 3 2001 Management Plan. The Urban Commercial District allows the full array of commercial uses (C-1 through C-5), subject to certain criteria. Based on the above analysis, the proposed PUD amendment is deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: The site-generated trips from the commercial tracts, as proposed, will be 180 Average W,.;ekday Trips. The proposed amendment results in a decrease of 4403 site generated tdps over the amount that could be generated by the currently approved PUD. As a result, this petition will reduce the number of tdps on Collier Boulevard. Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. Collier Boulevard is currently a 4-lane 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. Based on this data, this petition is consistent with Policies 1.3 and 1.4 of the Transportation Element. Conservation and Open Space: PUD development commitments provide open space consisting of at least thirty (30) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Manaqement: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeologica; probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. AGENDA ITEM NOV I 3 2001 ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE EVALUATION. The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteda on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The list of criteria is specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the 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 permitted uses within the commercial tracts of the PUD and should not have any affect on the surrounding properties. Traffic: NOV 1 3 2001 4 The site-generated trips from the commercial tracts, as proposed, will be 180 Average Weekday Trips. The proposed amendment results in a decrease of 4403 site generated trips over the amount that could be generated by the currently approved PUD. As a result, this petition will reduce the number of trips on Collier Boulevard. Infrastructure: The subject property is served by the County water and sewer system. Storm water management will be provided on site. PUD Document and Master Plan: PUD Document: The Falling Waters Beach Resort PUD Document is modeled after a County Planning Services model PUD Document in terms of format, general provisions covering references to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. Master Plan: The Master Plan is designed around several lakes. There is one entrance to the site. The commercial tracts will share the same entrance with the residential tracts STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA-2001-AR-500 to the Board of County Commissioners with a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY: -"~USAN MURRAY, AICP / DATE / ' CURRENT PLANNING MANAGER NOV 3 200! 5 THOMAS E. KUCK, P.E. ~ DATE INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOI-~M. DUNNUCK III DATE INTI~RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: PUDA-2001-AR-500 Staff Report for August 16, 2001 CCPC meeting. NOTE: This Petition has been tentatively scheduled for the September 11, 2001 BCC meeting. COLLI~~,~R COUNTY PLANN ~COMMISSION: JOYCEA~NA J. RAUTIO, CHAIRMAN AGENDA ITEM No.~6 NOV 13 2001 FINDINGS FOR PUD PUDA-2001-AR-500 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to a host of community services and facilities. (iii) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Findinq: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD Document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. ProlCon: Evaluation not applicable. AGENDA NOV 1 3 2001 .,. lES 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. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Summary Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Commercial District, Activity Center Subdistrict on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for commercial purposes. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Land Use - The Activity Subdistrict allows commercial land use and related activities. Transportation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TE. Recreation and Open Space Element - Thirty (30%) percent or more of the land area is to be developed as open space consisting of a wetland areas, lakes and landscape buffers. This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 30 percent for commercial and industrial PUDs. NOV 1 3 2001 Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Falling Waters Beach Resort PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP dudng the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Summary Findincj: 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. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Findinc~: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. 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) 7. The ability of the subject 'property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. AGENDA ITEM NOV 1 3 2001 Summary Findin_Q_. 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. 8.Conformity with PUD regulations, or as to desirable mo · regulations in the articular __ . ..dificatlons of such modifications are jusPfifled as mCea~e-'-, b_.a.s~..d_ un determ, ination that such · ---,,,u puu,mc purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary Findin_cl~. 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 Commercia~ zoning district. AGr=NDA IT~ NOV 1 3 2001 REZONE FINDINGS PETITION PUDA-2001-AR-500 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 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. 2. The existing land use pattern; Pro: The parcel in question is located within a Mixed Use Activity Center with commercial properties to the south and a shopping center across the street. Con: None. Summary Findings: The proposed land uses are generally consistent with the existing and future land use pattern in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed changes is for the commercial tract of the PUD. This commercial tract is across the street from a PUD with a large commercial tract, therefore, this rezone will not create an isolated district. Con: Evaluation not applicable. NOV 1 3 2001 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 approved commercial zoned properties. It is also consistent with expected land uses by virtue of its location within the "commercial District, Mixed Use Activity Subdistrict" on the Future Land Use Element. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findin_cls: The boundaries are logically drawn by virtue of the site's location within the "Commercial District, Mixed Use Activity Subdistdct "on the Future Land Use Element. 5. 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 Findincjs: Consistent with the Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro Recommended mitigation actions included in the PUD Document will go a long way towards offsetting any potential adverse influences on the residential communities in the area. Con: The additional commercial activity could cause increased noise and traffic impacts on the nearby properties. However, due to it's location and the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties. NOV 13 2001 Summary Findinqs: The proposed change will not adversely influence living conditions in the neighborhood because the development standards of the PUD Document have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (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 Findinqs: 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. 8. Whether the proposed change will create a drainage problem; Pro: The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. AGENDA No. ~'/~.~ NOV 1 3 2001 3 ) 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. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed commercial development conforms to the similar commercial development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary 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. 10. 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. 11. Whether the proposed change.will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; NOV 1 3 2001 4 P~. ;~ ... ProlCon: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon: Evaluation not applicable. Summary Findin!;IS: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. 14. 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 Findingm: A policy statement which has evaluated the scale and intensity of land uses deemed to be acceptable for this site. NOV 1 3 2001 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findin_cls: There are many sites which are zoned to accommodate the proposed 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. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findincjs: Physical alteration is a product of developing vacant land which cannot be avoided. 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 ~1~ the Collier County Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findincjs: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOV 13 200 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, FLOR_IDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 1603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE FALLING WATERS BEACH RESORT PUD, FOR PROPERTY LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND U.S. 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 74.37___ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-33, THE FORMER FALLING WATERS BEACH RESORT PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp, Varnadoc & Anderson, representing The Skinner and Broadbent Development Company, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. - NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR_fDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 1603N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98-33, known as the Falling Waters Beach Resort PUD, adopted on April 28, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the DePartment of State. NOV 1 3 2001 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of _, 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approval as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney CB/cw NOV t3 2001 FALLING WATERS BEACH RESORT A PLANNED UNIT DEVELOPMENT BY FALLING WATERS BEACH RESORT, LTD. NAPLES, FLORIDA PREPARED BY: WILSONMILLER, INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FL 34105 and YOUNG, VANASSENDERP, VARNADOE & ANDERSON, P.A. 801 LAUREL OAK DR. NAPLES, FL 34108 REVISED MARCH 9, 2001 EXHIBIT 'A' ~,c,r=~^ ,,,~J~ NOV 1 3 2001 SECTION I PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE 1.1 PURPOSE The purpose of this section is to provide a legal description of the parcel, state the ownership and provide a description of the existing conditions of the parcel. 1.2 LEGAL DESCRIPTION A. PHASE I: COMMERCIAL (Parcel A Portion Of Land Located In Section 3, Township 51 South, Range 26 East, Collier County, Florida Being More Particularly Described As Follows: Commencing At The East 1/4 Corner Of Said Section 3; Thence Run South 00°41'31" West 629.67 Feet Along The East Line Of Said Section 3; Thence Run North 54°20'16'' West On A Line 400 Feet North Of And Parallel With The North Right-Of-Way Line Of Florida State Road 90; (U.S. 41) For A Distance Of 608.25 Feet To The East Line Of A Outfall Drainage Easement As Recorded In Official Records Book 83, Page 125 Of The Public Records Of Collier County, Flodda; Thence Continue North 54°20'16" West 3503.15 Feet To The Point Of Beginning Of The Parcel Of Land Herein Described; Thence Continue North 54°20'16" West 239.00 Feet To The East Right-Of-Way Line Of State Road 951 (100.00' Right-of-Way); Thence North 35°40'08'' East 220.00 Feet Along Said East Right-of-Way Line; Thence South 54°20'16" East 239.00 Feet; Thence South 35°40'08'' West 220.00 Feet To The Point Of Beginning. Less And Except The Westerly 50.00 Feet Thereof. (Parcel "B") A Portion Of Land Located In Section 3, Township 51 South, Range 26 East, Collier County, Florida Being More Particularly Described As Follows: Commencing At The East 1/4 Comer Of Said Section 3; Thence Run South 00°41'31" West 629.67 Feet Along The East Line Of Said Section 3; Thence Run North 54°20'16" West On A Line 400 Feet North Of And Parallel Wffh The North Right-Of-Way Line Of Florida State Road 90; (U.S. 41) For A Distance Of 608.25 Feet To The East Line Of A Outfall Drainage Easement As Recorded In Official Records Book 83, Page 125 Of The Public Records Of Collier County, Florida; Thence Continue North 54°20'16" West 3742.15 Feet To The East Right-Of-Way Line Of State Road 951 (100' Right-Of-Way); Thence North 35°40'08" East 320.00 Feet Along Said East Right-Of-Way Line To The Point Of Beginning Of The Parcel Of Land Herein Described; Thence Continue North 35°40'08" East 600.00 Feet Along Said East Right-Of-Way Line; Thence South 54°D20'16" East 239.00 Feet; Thence South 35°40'08'' West 600.00 Feet; Ne £ ~'~ NOV 1 3 2001 Thence North 54°20'16'' West 239.00 Feet To The Point Of Beginning. Less And Except The Westerly 50.00 Feet B. PHASE Ih RESIDENTIAL A tract of land lying in Section 3, Township 51 South, Range 26 East, Collier County, Flodda, being more particularly described as follows: Commencing at the East % corner of Section 3, Township 51 South, Range 26 East, Collier County, Florida; thence run South 00° 41' 31' West for 629.67 feet; thence run North 54° 20' 16" West on a line 400 feet North of and parallel with the North right-of-way line of Florida State Road 90, (U.S. 41) for a distance of 608.25 feet to the East line of a Outfall Drainage Easement as recorded in Official Records Book 83, Page 125 of the Public Records of Collier County, Florida and the Point of Beginning; thence continue along said line North 54o 20' 16" West 3503.06 feet; thence North 35° 40' 08" East 220.00 feet; thence North 540 20' 16" West 189.00 feet to the Easterly right-of-way line of State Road S-951; thence run North 35° 40' 08" East 100.00 feet along said right-of-way line; thence South 54° 20' 16" East 189.00 feet; thence North 35° 40' 08" East 600.00 feet; thence South 54© 20' 16" East 3249.77 feet to the Easterly line of said Outfall Drainage Easement; thence South 20© 16' 12" West 954.23 feet along said easement line to the Point of beginning. Subject to easements, restrictions and dedications of record. C. PHASE IIh RECREATION PARCEL A parcel in Section 3, Township 51 South, Range 26 East, Collier County, Florida. From the East Quarter corner of Section 3 run with Section line South 0°41'31" West, a distance of 612.57 feet; thence North 89°18'29" West, a distance of 722.35 feet to the intersection of the West right-of-way line of a County Drainage Canal with the North right-of-way line of State Road 90 (Tamiami Trail); thence with said Trail right-of-way line North 54°20'16' West, a distance of 1327.51 feet to the true POINT OF BEGINNING; thence continue with the Trail right-of-way line North 54°20'16- West, a distance 220.00 feet; thence North 35°39'44- East, a distance of 400.00 feet; thence South 54°20'16- East a distance of 220.00 feet; thence South 35°30'44" West, a distance of 400.00 feet to the POINT. OF BEGINNING. Containing 2.02 acres more or less. 1.3 OWNERSHIP The subject property is owned by Falling Waters Beach Resort, Ltd. AC.,rd~A IT~ 1.4 GENERAL DESCRIPTION OF PROPERTY AREA NOV 1 3 2001 ?j-~t. lT~J01 V~':. 01 k BT~xt ~,.~XXt-O01- ES~M- ~0~1 The subject property is located on the east side of Collier Boulevard (CR 951) approximately 400 feet north of Tamiami Trail East (US 41). The site is further described as being bounded on the West by Collier Boulevard (CR 951), on the East by Henderson Creek; on the South by numerous small parcels fronting US 41 which are about 400 feet deep; and on the North by a parcel controlled by Deltona Corporation. The project site contains approximately 76.87 acres of land presently zoned PUD, Planned Unit Development District. The subject property lies within the urban area of Collier County, is serviced with water and sanitary sewer by Collier County and is within the Collier County Water Management District No. 6. 1.5 PHYSICAL DESCRIPTION The subject site is relatively flat with the exception of a swale along Collier Boulevard, CR 951. Elevations range from 5.2 feet to 8.6 feet with the average grade an being elevation of 5.5 feet. Topographic data indicates that the land probably drained southerly before construction of US 41, but that sheetflow pattern is presently obstructed. The property adjacent to the north boundary appears to drain into the abandoned quarry presently being used to store untreated drinking water for the Marco Island public water system and into Henderson Creek. - Three soil types are present on the subject property, as depicted by the soil survey for Collier County, Florida. These are 1) Broward fine sand, shallow phase 2) Ochopee fine sand marl, shallow phase and 3) cypress swamp. A natural plant community of slash pine flatwood with palmetto occur on this site along with invading exotic hardwood species. The majority of the site is pine flatwood and cabbage palm. In the areas of the site where scattered pines exist, the understory is composed of saw palmetto along with wax myrtle, saltbush and Brazilian pepper. Where cabbage palms are the dominant canopy, the understory is wild grape and Brazilian pepper. Species of oaks are intermixed throughout the site. There is a small special treatment area in the northeast portion of the site, which will be preserved during development. NOV 1 3 2001 1.6 STATEMENT OF COMPLIANCE: The Falling Waters Beach Resort Planned Unit Development is consistent with the Collier County Growth Management Plan for the following reasons: A. The project site is designated Urban Residential and Mixed Use Activity Center on the Future Land Use Map and in the Future Land Use Element. The permitted uses in the commercial portion of the PUD are permitted in the Mixed Use Activity Center designation. The permitted uses in the residential portion of the PUD are permitted in the Urban Residential and Mixed Use Activity Center designations. Properties designated Urban Residential are permitted a base density of up to 4 units per acre. The property lies within the Traffic Congestion Area resulting in the subtraction of one unit per acre (from 4 units/acre to 3 units/acre). Properties designated Mixed Use Activity Center are permitted a density of up to 16 units per acre which can be spread over the entire project. The full density of 16 units per acre is deemed appropriate and is awarded to this site. Fifteen (15) acres of the residential portion of the PUD are within the Mixed Use Activity Center land use designation resulting in 240 units (15 acres X 16 units/acre). Fifty-four and three-tenths (54.3) acres of the residential portion of this PUD are within the Urban Residential land use designation resulting in 216 units (54.3 acres X 4 units/acre). The total number of units permitted by the Density Rating System for this site is 456 for a density of 6.6 units/acre as no other provisions of the Density Rating System to add or subtract density are applicable. Therefore, the density of 6.5 units/acre (451 units) permitted by this PUD conforms to the Density Rating System contained in the Future Land Use Element. B. The project is compatible with surrounding land uses as required by Policy 5.4 of the Future Land Use Element. Ac, a~^ iTr/~ NOV 1 3 2001 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to descdbe the general plan of development of the project, including land uses, density and phasing. 2.2 GENERAL Regulations for development of Falling Waters Beach Resort shall be in accordance with the contents of this document, PUD Planned Unit Development distdct and other applicable sections and parts of the "Collier County Land Development Code." Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Land Development Code. 2.3 PROJECT PLAN .... The project conceptual plan is shown on the accompanying Exhibit "A", "Master Concept Plan". The drawings show the land use tracts which also include the road right-of-way. In addition to the various areas and specific items shown on Exhibit "A", utility, private, semi-public easements shall be established within the project as necessary for the service, function or convenience of the owners and tenants. 2.4 PHASING Lake excavation will begin upon receipt of the required Excavation Permit. Excavated material may be permitted to be hauled off-site in accordance with Division 3.5 of the Land Development Code. Falling Waters Beach Resort Phase I (Commercial) will be developed as the lake excavation nears completion. Falling Waters Beach Resort Phase II (Residential) will be developed in approximately four (4) phases. Estimates of the construction periods and number of dwelling units in each phase are included in Table I. The sequence, number of units in each phase and type of units in each phase may change dudng the course of the project as dictated by market conditions, or as demand for certain types of housing becomes evident. TABLE I ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Completion No. ofUni~ Start 1 112 1994 2 112 1996 3 112 1998 4 115 2003 The 21.5+ acre lake will be excavated in accordance with Division 3.5 of the Land Development Code. The excavated lake depth will be (-) 6.5 feet NGVD. Excavation material may be permitted to be hauled off-site in accordance with Division 3.5 of the Land Development Code. 2.5 SITE DEVELOPMENT PLAN APPROVAL PROCESS The procedures outlined in Division 3.3 of the land Development Code shall be followed for Site Development Plan approval. A. In the case of residential structures with a common architectural theme, required property development regulations may be reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Section 2.6.27.4.6 of the Collier County Land Development Code. NOV 1 3 2001 7~1- 97301 V~ 011- BI'y~en ~c~,.~.~.~. I:~M. 38091 SECTION III COMMUNITY COMMERCIAL 3.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the area designated on Exhibit "A" as Community Commercial. 3.2 MAXIMUM SQUARE FOOTAGE A maximum of 74,000 square feet of floor space may be constructed. 3.3 USE PERMITTED A. All permitted (principal) uses and structures as allowed by C-1, Commercial Professional District, as it exists on the date of adoption of this amendment, and also the following: 1. Self storage (SIC 4225). B. Accessory Uses: 1. Accessory uses and structures customarily associated with self storage facilities including resident manager's quarters. 2. Signs as permitted in Division 2.5 of the Land Development Code except that a pylon sign shall be allowed in the front yard. No portion of the pylon sign shall be beyond the property line. Pylon signs must be oriented toward traffic on Collier Boulevard (CR 951). 3.4 REGULATIONS A. GENERAL Dimensional requirements, yards and set-backs shall be in accordance with the following: B. MINIMUM LOT AREA 1.0 acre C. MINIMUM LOT WIDTH 200 feet D. MINIMUM YARDS 1. Abutting Collier Boulevard (C.R. 951) - 20 feet 2. Access road between commercial tracts - 25 feet ,~,.-,[M3A IT~4 3. Side or rear yard - 15 feet. ~ ~ ? NOV 1 3 2001 ?,~)1- ~7301 V~ 011- 8T~.'1 E. MINIMUM FLOOR AREA Ground floor - Minimum 700 square feet. F. OFF-STREET PARKING REQUIREMENTS As required by Division 2.3 of the Land Development Code in effect at the time Site Development Plan approval is sought. G. MAXIMUM HEIGHT Thirty-Six (36) feet above the first finished floor of the building. H ARCHITECTURAL GUIDELINES , 1. Exceptions to the provisions of the Architectural Guidelines may be granted by the board of county commissioners in the form of a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design which, while varying from one or more of the provisions of the Architectural Guidelines, nonetheless are deemed to meet the overall purpose and intent set forth herein. 2. Due to the linear orientation of the property, non-public pedestrian aspect of the primary use (renters access only to the storage facilities) and the desire to minimize visual and use related impacts to both the residents of Falling Waters Beach Resort and the general public, while at the same time following the intent of the Architectural Guidelines, the following standards shall be met: Section 2.8.3.5.2. Building orientation standards, - shall allow for the facilities to have a minimum of ten percent (10%) glass and to substitute pitched roofs elements (partial) in lieu of covered public entry and covered walkway. Section 2.8.3.5.5.(3) Massing standards, - The pdmary facades on the ground floor shall not be required to be provided along 50 percent of the effected side. In lieu of this requirement, no horizontal length of a building fac~ade shall exceed 70 linear feet, additional deeper recesses shall be provided, and tower elements shall be added. Section 2.8.3.5.11.2., Entryway standards, -the intended use of the buildings over 20,000 square feet is self storage. They are not intended for retail, walk-in customers and therefore no benches, decorative landscape planters, structural or vegetative planters shall be required. In lieu of this requirement, additional landscaping (all trees shall be a minimum of 16-18 feet in height) shall be planted in the perimeter buffers. Section 2.8.4.4.2, Building orientation standards, - shall allow for the facilities to have a minimum of ten percent (10%) glass and in lieu of other requirements, additional landscaping (all trees shall be a minimum of 16-18 feet in height) shall be planted in the perimeter buffers. The office use shall comply with the Architectural Guidelines. Section 2.8.4.4.5, Massing standards, - No horizontal length of the ground floor fac,,ade shall exceed 50 feet and a minimum total width of 20 percent of the fac,,ade shall have varied lengths. In lieu of additional massing standards, trees shall be placed at 20 foot intervals. Section 2.8.4.4.10.2., Entry standards, -the intended use of the building less than 20,000 square feet (other than office) is self storage. It is not intended for customers and therefore no benches, decorative landscape planters, stru, tura~.r ~_~ NOV 13 2001 vegetative planters shall be required. The office use shall comply with the Architectural Guidelines. 3. Other sections of the Architectural Guidelines shall apply. NOV 1 3 200~ 7~1- ~7~1 SECTION IV MULTI-FAMILY RESIDENTIAL 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of Residential uses, Tract B, within Falling Waters Beach Resort as designated on Exhibit "A". 4.2 PERMITTED USES There will be a maximum of 451 dwelling units and one office on the site. No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, other than the following: A. PRINCIPAL USES 1) Multiple family dwellings, villas, cluster housing and one office. 2) Recreational areas - tennis courts, swimming pool, clubhouse, and other facilities commonly associated with residential development. 3) Commonly owned open tracts (jogging tract, lake, cypress preserve). 4) Water management facilities (owned by owners' association). 5) Commercial excavation. B. ACCESSORY USES 1) Customary accessory uses and structures. 2) Signs as permitted by Division 2.5 of the Land Development Code. 3)Models shall be permitted in conjunction with the promotion of the development, so long as the developer has units for sale. 4) Walls and fences constructed of materials and finished architecturally compatible with the principal structures to which they are accessory, shall be permitted subject to the provisions of Section 2.6.11 of the Land Development Code and this document. 4.3 MINIMUM LOT SIZE AND DENSITY Since the property will not be subdivided, there will be no minimum lot width, depth or area except as established by setback requirements set forth below: 4.4 BUILDING SETBACK REQUIREMENTS I~1o.~ NOV 1 3 2001 The dimensions for minimum building setback shall be as follows: 1) From all paved streets - 35 feet from pavement edge. 2) From all property lines - 35 feet. 3) From the Henderson Creek maintenance easement - 25 feet. 4) Between structures - 20 feet or ½ the combined heights, whichever is greater. 4.5 MAXIMUM HEIGHT OF STRUCTURES The maximum height of all dwelling structures shall be 35 feet as measured from the finished floor of the first dwelling level as determined from the Flood Insurance Rate Maps. 4.6 MINIMUM FLOOR AREA The minimum habitable floor area of each dwelling unit shall be 1000 square feet. 4.7 OFF STREET PARKING Off-street parking shall be provided as required by Division 2.3 of the Land Development Code in effect at the time of application for Site Development Plan approval. 4.8 PROJECT LIGHTING Project lighting shall consist of appropriate street and pedestrian oriented site illumination. 4.9 COMMON AREA No structure shall be erected, altered, or used, or land or water uses, in whole or in part, for other than the following: A. Principal Uses 1) Jogging tracts and walking paths. 2) Picnic areas. 3) Tennis courts, swimming pool and similar recreational and sporting activities. 4) Storage of equipment for maintenance of common areas. 5) Uses associated with maintenance of utility services as approved by the Development Services DirectOr. 6) Water management areas and facilities. 7) Preservation area. 4.10 COMMON AREA OWNERSHIP AND MAINTENANCE Common areas will, upon completion of the project, or sooner as agreed to by all pa,; ~,~. ,~aENOA ITEM concerned, come under the ownership of a property owners' association or some suc NOV 1 3 2001 organization of residents. This organization will be responsible for the maintenance of common areas under the conditions set forth in Subsection 2.2.20.3.8 of the Land Development Code. The common areas shall not include or be interpreted to include the recreational facilities. 4.11 RECREATIONAL FACILITIES A. Principal Uses 1) Jogging tracts and walking paths. 2) Picnic areas. 3) Tennis courts, swimming pool and similar recreational and sporting activities. 4) Storage of equipment for maintenance of common areas. 5) Uses associated with maintenance of utility services as approved by the Development Services Director. 6) Water management areas and facilities. 7) Preservation area. SECTION V DEVELOPMENT STANDARDS 5.1 PURPOSE The purpose of this Section is to set forth the standards for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Subdivision Code shall apply to this project. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibits "A", "B' and "C" Master Concept Plans, illustrate the proposed development. B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project the neighborhood and the general local environment. Minor site design alterations may be permitted subject to approval by the Development Services Director in accordance with Subsection 2.7.3.5 of the Land Development Code. C. All necessary easements, dedications, or other instruments shall be granted to insUre the continued operation and maintenance of all service utilities and all areas in the project. D. The roadways shown are to remain pdvate. E. The surface water management system will be owned and maintained by a property owners' association. The water management system will utilize a man-made lake for detention of storm flows. Discharge will be to Henderson Creek. The swale along the CR-951 right-of- way will remain and a culvert will be installed at the entrance road. The culvert will be of sufficient size to maintain existing flow. 5.4 PROJECT DEVELOPMENT The proposed construction shall comply with the standards set forth herein and meet Collier County Land Development Code and Building Regulations. 5.5 ENVIRONMENTAL AND DRAINAGE CONSIDERATIONS A. Petitioner shall be subject to the Division 3.9 of the Lan;:l Development Code requirement for the acquisition of a vegetation removal permit prior to any land cie: ~inn, ,A ~Jte clearing plan shall be submitted to the Planning Services Department for its reviev anL~~i~ ~.u - NOV 1 3 2001 prior to any substantial work being done on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict the final site layout, retained native vegetation, roads, buildings, lakes, parking lots, and other facilities to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Planning Services Department for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of the site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. AGENDA rl'~l NOV I 3 2001 7/2¢.~01. ~/-~01 Ve~, ~lf- BT~14~ C. All exotic plants, as defined in Division 3.9 of the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with a ~d subject to approval by the Planning Services Department. D. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location shall be immediately stopped and the Planning Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Planning Services Department, or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Planning Services Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. The boundaries of the "ST" preserve area shall be flagged by the petitioner, and subject to the review and approval of the Planning Services Department. The area shall be fenced off prior to development activity. Only conservation-oriented uses, approved by the Planning Services Department, will be allowed in this preserve area. F. The petitioner shall consult the U.S. Army Corps of Engineers and the Florida State jurisdictionDepartmentover°f Environmentalsome areas onPr°tecti°nsite. (DEP) concerning the possibility of wetlands G. In the site development plan process, the petitioner shall make every effort to incorporate mature oak trees in their existing locations into the project landscaping. This may require the relocation of buildings, parking areas, or other impervious surfaces to allow for the preservation of the trees. Oaks, which cannot be accommodated as such, may be transplanted to other areas on site. H. Littoral zones of the lakes shall maintain a slope of 6:1 to a depth of 4 feet. All littoral zones shall be revegetated with native aquatic species, and the encroachment of exotic vegetation in these areas shall be controlled. I. Detailed site drainage plans shall be submitted to the Planning Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Department. J. The stormwater generated by this project shall be directed toward the south/southwest section of the project site. K. There shall be no on-site disposal of sewage effluent. L. A twenty (20) foot wide stdp of land along the entire Henderson Creek frontage shall be reserved for use as a future easement for canal widening and maintenance purpo~ ~. AGENDA ~TEM NOV 13 2001 M. The Collier County Pollution Control Department shall review future site development plans and plats associated with the commercial parcel. If the Collier County Pollution Control Department, or any other County department, requests or requires the monitoring of the wells near the rock quarry pit to the north, the petitioner shall provide such monitoring of the wells and submit the resulting data to the appropriate County departments. ~,c, rd~ ^ aTria NOV 1 3 2001 5.6 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required ant' granted for those purposes. Cleadng of vegetation within the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 5.7 WATER AND SEWER 1) Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier county Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. 3) The on-site water distribution system to serve the project must be connected to the District's 20 inch water main on the north side of S.R. 951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, dead-end mains shall be eliminated by looping the internal pipeline network. 4) The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. The developer's engineer shall meet with the County staff 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. 5) 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 Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 6) The existing off-site sewage transmission facilities o~' the Distdct must be evaluated for hydraulic capacity to serve this project and improved as required to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.8 SOLID WASTE DISPOSAL ,~d~DA rrr~ NOV 1 3 2001 The County's approved solid waste disposal service shall provide for solid waste collection service to the Falling Waters Beach Resort project area. 5.9 OTHER UTILITIES Telephone, power, and TV cable service shall be made available. All such utility lines shall be installed underground. 5.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks and building separations as delineated by Section 2.6.2 of the Land Development code. 5.11 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development code except as provided in Section II1. 5.12 LANDSCAPING AND BUFFERING All required landscaping and buffering shall be in accordance with Division 2.4 of the Land Development code. 5.13 WATER MANAGEMENT Detailed site drainage plans for each individual parcel shall be submitted to the Planning Services Department for review at the time of development. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Department. 5.14 TRAFFIC IMPROVEMENTS Subject to Collier County Department of Transportation approval, the developer, his assigns or successors, shall provide the following: 1) There shall be only one access to Collier Boulevard (CR 951). It shall serve all of the commercial parcels and the residential portion of the project. The access shall be subject to permitting in accordance with Ordinance 82-91. The access point shall align with the access point in Lely Resort PUD across Collier Boulevard, CR.951 to the west. 2) The developer has provided left and dght turn lanes on Collier Boulevard (C.R. 951) at the project entrance. If at all feasible, this construction shall be coordinated with the four-laning of that roadway. The entrance road intersection with Collier Boulevard (C.R. 951) shall include arterial level street lighting. NOV 3) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. 4) The developer has provided 50 feet of right-of-way [ !ong the east side or Collier Boulevard (C.R. 951)for turn lanes, bikeways, and drainage purposes 5) These improvements are considered "site related" as defined in Collier County Ordinance No. 2001-13, and shall not be applied as credits toward any impact fees required by that Ordinance. Transportation impact fees shall be in accordance with the fee schedule set forth in Collier County Consolidated Impact Fee Ordinance No. 2001-13. 5.15 ACCESS TO U.S. 41 Access shall be provided to U.S. 41 East generally in the area shown on the PUD Master Concept Plan, Exhibit "A", with the following conditions: 1) Left and right turn lanes shall be provided at the entrance if and when required by FDOT. The entrance road intersection with U.S. 41 shall include arterial level street lighting at the time it is constructed. 2) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the emergency entrance when deemed warranted by the County Engineer. The signal will be owned, Operated and maintained by Collier County. 3) These improvements are considered "site related" as defined in Collier County Ordinance No. 2001-13, and shall not be applied as credits toward any impact fees required by that ordinance. Road Impact Fees shall be in accordance with the fee schedule set forth in Collier County Consolidated Impact Fee Ordinance No. 2001-13. 5.16 POLLING PLACES Polling places shall be permitted as provided for in Section 2.6.30 of the Land Development Code. 5.17 ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY All commitments in the PUD document shall be met by the developer prior to issuance of the final Certificate of Occupancy. 5.18 PLATTING Platting, if required, shall be in accordance with Division 3.2 of the Land Development Code. Platting shall be required, if units are to be sold fee simple or if the project is developed as an integrated phased development, in accordance with Section 3.2.4.4 of the Land Development _ Code. NOV 13 2001 ~ ~,~,, Pi-_ 5.19 BUFFERING A landscape buffer in accordance with Section 2.4.7, Alternative B, of the Land Development Code, shall be provided around the entire perimeter of the site except a more stringent buffer shall be provided if required by Section 2.4.7. NOV 13 200! ~.~ ~) ~ U'~~ AGENDAI~--M .~~J~ NOV 132001 PUDA-2001 -A }~-500 Falling, Waters-~ PETITION N PUD-87.40 /~each Resort DATE: 3/15/01 APPLICATION FOR PUBLIC HEARING FOR COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES Name of Applicant(s) The Skinner and Broadbent Development' Company, Inc. Address 201 North Illinois Street, 23~ Floor Applicant's Mailing City Indianapolis State IN Zip 46204-1950 Applicant's Telephone Number: (317) 237-2900 Is the applicant the owner of the subject property? [] Yes [] No ~ (a) If applicant is a land trust, so indicate and name beneficiaries below. ~ Co) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ~ (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ~ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, any. if __ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. X (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. t 2. Name of Agent R. Bruce Anderson Firm Young, van Assenderp, Varnadoe & Anderson, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State FL Zip 34108 Agent's Telephone Number: (941) 597-2814, Fax. (941)597-1060 NOV 1 3 2001 3. PUD Ordinance and Number: 88-86 (Previously amended by Ordinance #'s 92-76 and 98-33 ) 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 3 Township 51 South Range 26 East See attached legal description 5. Address or location of subject property: 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.) See attached legal description 7. Type of Amendment: X A. PUD Document Language Amendment X B. PUD Master Plan Amendment C. Development Order Language Amendment 8. Does amendment comply with the comprehensive plan: [] Yes [] No If no, explain: 9. Has a public hearing been held on this property within the last year? If so, in whose ~ name? No Petition Number: N/A Date: ~,~ o v, 13 2001 10. Has any portion of the PUD been sold and/or developed? Are any l changes proposed for the area sold and/or developed?If yes, describe. (Attach additional sheets if necessary.) No portions of the commercial area within the PUD have been sold or built upon. Portions of the residential area have been built and sold. NOV 1 3 2001 AFFIDAVIT I, David A. Cheslyn, as Agent for The Skinner & Broadbent Development Company, Inc., being first duly sworn, depose and say that The Skinner & Broadbent Development Company, Inc. is the contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. ' The Skin ./1~. B~,9~db/~t Development l~rgid A. Ches~yn Agent for The Skinner & Broadbent Development Company, Inc. I R. Brace Anderson, Esq. STATE OF .iZ;2~O//qAJ,'~ COUNTY OF The foregoing Application w~ ac~owledg~ befo~ me ~s ~ day of M~h, 2001, by David A. Chesl~ ~ Agent for ~e Sh~er & Broadbent Development Comply, ~c. He is pe~on~ly ~o~ to me Silage of No~ Public ~nt~ or S~p~ Nme of No~ Ii NOV 13 2001 ! WRITTEN CONSENT TO RESOLUTIONS OF THE BOARD OF DIRECTORS OF THE SKINNER & BROADBENT DEVELOPMENT COMPANY, INC. The undersigned, being the sole elected and qualified Director of The Skinner & Broadbent Development Company, Inc., an Indiana corporation (hereinafter called the "Corporation"), acting under the provisions of the Indiana Business Corporation Law and the Corporation's Code of Bylaws, as amended fi.om time to time, does hereby conseni to the taking of the following actions and adoption of the following resolutions without and in lieu. of a special meeting of the Boar~l of ' Directors of the Corporation: WHEREAS, The Corporation from time to time enters into contracts to purchase real estate in various locations in the U.S.A. (hereinafter called the "Real Estate") for construction of shopping centers, self-storage facilities and other commercial enterprises; WHEREAS, Various zoning approvals, permits, signage approvals, plan development approvals, environmental use and wetlands mitigation approvals and other permits and approvals of governmental authorities having jurisdiction (hereinafter called the "Approvals") may be required in order for the Corporation to cause the Real Estate to be improved for use as shopping centers, commercial self-storage facilities and other commercial enterprises. NOW, THEREFORE, BE IT RESOLVED, That the Corporation hereby designates 'and authorizes David A. Cheslyn to prepare, execute and deliver, on behalf of the Corporation, to governmental authorities having jurisdiction, each and every application, document, agreement, certificate and/or insma'nent which may be required in order for the Corporation to obtain the Approvals. RESOLVED, That this consent shall be filed with the minutes of the proceedings of the Board of Directors of the Corporation. IN WITNESS WHEREOF, the undersigned has executed this Written Consent to Resolution of the Board of Directors of the Corporation effective as of January 24, 2001, thereby agreeing that the foregoing recitals and resolutions shall be of the same force and effect as if adopted at a meeting of the Board of Directors of the Corporation held upon due notice on such date. ~0~'~ 200] George~l~ro'ad~n ~ CERTIFICATE Dan G. Sterner hereby certifies that he is an attorney for The Skinner & Broadbent Development Company, Inc., and that the foregoing resolutiOns became effective as of January 24, 2001, have not been modified or rescinded, and remain in full force and effect. Dated: January 24, 2001. Dan G. Sterner X:~DGS\7216~0001'~,~inutes~Co~sent Resolution 1-2001.wpd NOV 1 3 2001 AFFIDAVIT I, Albert Huh.schman, a general partner of Falling Waters Beach Resort, Ltd.. a Florida l,imitcd Partnership, being first duly sworn, dcposc and say that Falling Wa~ers Beach Resort, Ltd., a Florida Limited Partnership, is ~e owne~ of the commercially zoned parcel of the Falling Waters Beach Resort PUD and wtfich is thc subject matter of thc proposed PUD Amcndment Petition, and tha! The Skinner & Broadbent Development Company, Inc. is a contract purchaser of said parcel. Falling Waters Beach Resort, Ltd.. a Florida Limitcd Partnership, authorizes The Skinner & Broadbent Development Company,' Inc. to act as its rcprcscntativc in any matter regaxding tiffs Peri tiara. Falling Waters Beach Resort, Ltd., a Florida !.imited Partnershi Albc~t Hubschman, General Partner R. Bruce Anderson, Esq. STATE OF FLORIDA COUNTY OF Cot-~I ~.~ The foregoing Application was acknowledged before me this ~ .. day ofMaxch, 2001 .'by Albert Huhsehman as a general partner of Failing Waters Beach RcsorL Ltd.. a Florida Limited I,a~aership. lie is personally knee, to me or has produced .......... as identification. Sibmut,lr~ o~Notary Public [Seal] ?~_oc.-~..~._q ~ ~o~ Printed or Stamped Namc of Notary NOV 13 2001 ........... o.~c: ci,a~ ~97 10C-~ c3~x P.02 SECOND AMENDMENT TO CONTRACT FOR PURCHASE OF REAL ESTATE_ THIS Second Amendment to Contract for Purchase of Real Estate ("Amendment"), is made and entered into this ~..~'~ day of January, 2001, by and between The Skinner & Broadbent Development Comply, Inc., an Indiana corporation ("Purchaser"), and Falling Waters Beach Resort Ltd., a Florida limited partnership ("Vendor"), WITNESSETH THAT: WHEREAS, Purchaser and Vendor entered into a Contract for Purchase of Real Estate ("Contract"), signed by Purchaser on June 29, 2000, and signed by Vendor on June 30, 2000; and WHEREAS, Purchaser and Vendor entered into a First Amendment to Contract for Purchase of Real Estate; and -. WHEREAS, Purchaser and Vendor wish to further amend the aforesaid Contract as hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Purchaser and Vendor agree as follows: 1. In the second and third lines of paragraph 2, the words and figures "two hundred ten (210)" are deleted and the words and figures "two hundred seventy (270)" are inserted in lieu thereof. 2. Paragraph 7.1 is deleted in its entirety and is replaced with the following: 7.1 ~. Closing shall occur at a place acceptable to the parties in Naples, Florida on or before March 27, 2001, provided, however, that if Purchaser is diligently pursuing obtaining the Zoning, Permits and Development Approvals, as demonstrated by reasonable evidence including purchaser's application for such Permits and Approvals, but has not obtained same, in order to so obtain same Seller agrees to extend the Due Diligence Period under this Agreement, if requested by purchaser, for six (6) additional periods, all of which shall be for thirty (30) days each, one extension at a time, whereupon Purchaser shall deposit on or before the expiration of the Due Diligence ~period Period or the applicable extension period, with Escrow Agent for the benefit of Vendor, ~and no/100 Dollars ~for each of the extension periods. Ail of the foregoing deposits shall become part of the Earnest ,. That portion of the Earnest Money in the sum of ~ and no/100 Dollars paid pursuant to paragraph 1.1 shall be non-refundable in any event (but shall be applied to the Purchase Price and credited thereto at time of closing). Any portions of the Earnest Money.paid pursuant to this paragraph 7.1 shall be non- refundable (except in the event Purchaser fails to obt_~in the Zoning, Permits and Development Approvals, such portions shall be returned to Purchaser), (but if otherwise non-refundable shall be applied to the Purchase Price and credited thereto at time of closing). Notwithstanding the foregoing provisions with regard to extension of the Due Diligence Period, if Purchaser has not filed for PUD approval on or before forty-five (45) days from the date hereof, Vendor may terminate the Contract at any time prior to March 27,1 2001. Notwi~standing the foregoing provisions with, Earnest Money, it is understood that Purchaser may terminate this Contract at any ti ne .. NOV ! 3 2001 any reason. In the event the Du~ Diligence Period is extended as aforesaid, Closing shall take place within ten (10) days fi.om the extension period last in force, but in no event later than September 23, 2001. Vendor shall not agree to or execute any agreements, approvals or consents whatsoever concerning the Real Estate or any portion thereof from the Acceptance Date to the time of closing except upon the written approval of Purchaser. At the date of closing, Vendor shall execute and deliver the Deed in recordable form conveying the Real Estate and improvements, constituting a part thereof in the sam. condition as they now are, ordinary wear and tear excepted, a Vendor's Affidavit in the form required by Chicago Title, a non-foreign affidavit pursuant to Section 1445 of the Internal Revenue Code, and any other instrument as reasonably required or requested'by Purchaser or Chicago Title. Documentary:stamps on the Deed will be paid for by yendor. Purchaser will pay the cost of recording the Deed, and Vendor will pay the costs of recording .any necessary corrective title ..~' - documents required by Chicago Title. Purchaser shall pay for the title insurance commitment. THE SKINNER & BROADBENT DEVELOPMENT COMPANY, INC. George roadbent, President FALLING WATERS BEACH RESORT LTD. HarriSon I-t'"ubschman, General Parmer 2oo, _~/_~1.~/_~0 14.:~_F_~[k_~A~;2517579 GRUBB AND ELLIS ~002/003 ~1 OO O~=4~p H~..~on Hub~hman 56~1~ p. 1 12/19/00 19:32 F~ 04~2617579 .-- GRUBB ~ ~I$ ~O03 ,c~ ,= u~ ~UC uq.uo rJL P~ ~' P. U~ ~ .~a'~rOM~l' 'ro FOU-PUn:,L"H _,a, su'- _os R~ J WIThE-S-8 ~TH THAT; ~eted into ~ ~ d~ fi~ ~ove ~en. NOV 13 2001 F~ ~['2/21.~00. 14:54 F/~ .9412617579 G~UBB A2~ ELLIS ~}003/003 I ~-~=-uu ~ue u~u rn F~ ~ P, 03 I I _ 10 NOV 13 2001 CONTRACT FOR PURCHASE OF REAL ESTATE The Skinner & Broadbent Development Company, Inc., an Indiana corporation, whose address is 2300 Capital Center South, 201 North Illinois Street, Indianapolis, Indiana 46204-1950, Facsimile No. (317) 237-2912 ("Purchaser"), offers to purchase from Falling Waters Beach Resort Ltd., a Florida limited partnership, whose address is c/o Siesky, Pilon & Wood, 1000 Tamiami Trail North, Suite 201, Naples, Florida 34102, Facsimile No. (941) 263-7611 ("Vendor"), including all casements and rights benefitting same, all improvements located thereon, and all fLxtures and personal property appertaining thereto which are owned by Vendor and which are permanently installed or which belong to or are used in connection therewith, that certain real estate consisting of approximately four (4) acres located in Collier County, l~lorida, outlined in red on Exhibit attached hereto and by reference made a part hereof, and easement or access thereto for that ceWa]n real estate cross hatched on Exhibit "A" (it being understood that final legal descriptions for same shall be part of the "Survey" as defined in paragraph 2.1 hereof) (the "Real Estate"), to be conveyed by a Warranty Deed approved by Purchaser (the "Deed"), subject to the following terms and conditions:  .Purchase Price. The purchase price for the Real Estate shall be~ and no/100 Dollars ~ (the "Purchase Price") to be paid as follows: 1.1 Earnest Money Deposit. Within five (5) from the Acceptance Date, Purchaser shall tender to Vendor and no/100 Dollars ~ (the "Earnest Money"). The Earnest Money shall be held in the trust account of Henderson, Franklin, Statues & Holt, P.A., 1715 Monroe Street, Fort Myers, Florida 33901 ("Escrow Agent';). The Earnest Money shall be placed in an interest-bearing account with a national bank. Interest earned shall be considered pan of the Earnest Money. The Earnest Money shall be applied to the Purchase Price and shall be credited thereto at the time of closing. The Earnest Money shall be returned immediately to Purchaser if any condition or requirement as hereinafter set forth in this Contract is not satisfied, or waived by Purchaser, except as specifically hereinafter provided. Purchaser's only Other remedy shall be the right of specific performance unless specific performance is unavailable because of Vendor's actions, in which case Purchaser shall be entitled to recover damages. The Earnest Money shall be forfeited as liquidated damages, which shall be Vendor's sole remedy at law or in equity, in the event that all conditions and requirements of this Contract have been satisfied, or waived by Purchaser, and Purchaser sh;dl fail or refuse to perform its obligations herein specified at closing. 1.2 Payment on ClOsing. On closing this transaction, Purchaser shall pay the Purchase Price, less the Earnest Money, credits and prorations as herein provided, in cash. 1 NOV 13 2001 /' 1.3 Acceptance Date. The date this offer is accepted by Vendor hereinafter is referred to as ~the "Acceptance Date". 2. Conditions of Offer. Vendors and Purchasers obligations hereunder are subject to the satisfaction of the following conditions. On or before the one hundred eightieth (180~) day following the Acceptance Date (the "Due Diligence Period") Purchaser shall notify Vendor in writing whether or not the following conditions have been satisfied as determined by Purchaser, in Purchaser's sole discretion, or such conditions shall be deemed waived, except for "Zoning, Permits and Development Approvals" as defined and provided for in paragraphs 2.5 and 7.1 hereof. If Purchaser fails to so notify Vendor during the Due Diligence Period that any condition, other than Zoning, Permits and Development Approvals in paragraph 2.5 hereof, has not been shtisfied or if Purchaser waives said conditions, then the portion of the Earnest Money paid pursuant to paragraph 1.1 shall become non-refundable (but shall be applied to the Purchase Price and credited thereto' at time of closing), except in the event of Vendor's default under this Contract. I,n the event Purchaser notifies Vendor during the Due Diligence Period that any condition, other than Zoning, Permits and Development Approvals in paragraph 2.5, has not been satisfied, Purchaser may terminat_e this Contract or waive satisfaction of the condition. If Purchaser terminates this Contract, the Earnest Money shall be returned to Purchaser, and the parties shall have no further rights or obligations hereunder. 2.1 Survey and Engineering Studies. Within ten (10) days from the Acceptance Date, Vendor, at Vendor's expense, shall furnish Purchaser with a copy of any survey in its possession relating to the Real Estate. ,.Thereat~er, Purchaser, at ~ Pdrchas'er'* expense, may order a staked boundary survey meeting the Minimum Standards applicable to Florida land surveyors (the "Survey") of the Real Estate prepared by a registered land surveyor acceptable to Purchaser certified as of a current date, showing the location of all easements and rights-of-way located thereon and showing all utilities and building setback lines. The legal description of the Real Estate shown on the Survey shall be the legal description used in the Deed. The Survey shall certify that the Real Estate is not located in a special flood hazard area as established by the Federal Emergency Management Agency, National Flood Insurance Program. Purchaser, at Purchaser's expense, shall obtain such further engineering studies, topographical and wetlands studies, and such inspections and soil tests as Purchaser shall deem desirable (the "Engineering Studies") concerning the Real Estate, all of the results of which must be satisfactory to Purchaser. 2.2 Title and Easements. Within ten (10) days from the Acceptance Date, Vendor shall furnish Purchaser with an abstract of title or title ir{surance policy in its possession relating to the Real Estate. In the event Vendor does not have an abstract of title or title insurance policy in its possession, it shall notify Purchaser in writing within said ten (10) day period and it shall be the Purchaser's obligation and expense to obtain a base of title. Thereafter, Purchaser, at Purchaser's expense, may order a binder for an ALTA owner's policy of title insurance (the "Title Binder") issued by Chicago Title Insurance Company ("Chicago Title") in which Chic~ 2 NOV 1 3 2001 agree to insure marketable title to the Real Estate (including any appurtenant easements necessary for the full utilization thereof), free and clear of all liens and encumbrances of any nature whatsoever for the full mount of the Purchase Price, after execution of the Deed to Purchaser fi.om Vendor. Chicago Title shall furnish Purchaser with copies of all recorded documents shown on the Title Binder. 2.3 Contracts; Affidavits. Purchaser, withie thirty (30) days after the Acceptance Date, shall receive, without any-expense to Purchaser, from Vendor (a) copies of all contracts in force concerning the Real Estate or any portion thereof, as to the terms and conditions of which Vendor is bound in any manner (collectively, the "Contracts"), with an affidavit of Vendor'so stating and stating that the same are. true and complete, with further statements by'Vendor as to the status of existence of defaults, offsets, defenses or co. unterclaims, if any, and such other information as PurChaser may reasonably request, Co) written certification by Vendor of delinquent and current real and personal property taxes concerning the Real Estate, and (c) written certification by Vendor that no notice has been received from any governmental agency (that has not been fully satisfied, complied with or resolved) that any work is required to be done on the Real Estate; there are no claims or litigation pending that, if decided adversely to the owner of the Real Estate, would affect title or become a lien on the Real Estate. All of the foregoing Contracts and certificates, (i) must be in form and substance satisfactory to Purchaser, and (ii) if satisfactory to Purchaser shall be updated and recertified as true and correct by Vendor in form and substance satisfactory to Purchaser at time of closing. 2.4 Feasibility Studies. Pui'chaser, at Purchaser's expense, must be able to determine to the satisfaction of Purchaser that the Real Estate is suitable for Purchaser's contemplated use as a commercial self-storage facility and that financing and other conditions satisfactory to Purchaser exist or are favorable so as to make such use feasible in Purchaser's sole discretion. 2.5 Zoning, Permits and Development Apurovals. Purchaser, at Purchaser's expense, but with the full cooperation of Vendor, shall obtain such zoning, permits, signage, plan development, environmental use, wetlands mitigation plans, access, curb cuts and governmental approvals in form satisfactory to Purchaser and evidence satisfactory to Purchaser of the availabili~ and cost of all utilities and proposed road work and improvements to adjoining streets (in. eluding the timing of said improvements), which Purchaser deems necessary or appropriate for Purchaser's contemplated use of the Real Estate as a commercial self-storage facility (the "Zoning, Permits and Development Approvals"). 2.7 Environmental Insuection_. Purchaser shall obtain, at Purchaser's expense, an environmental inspection report as to the Real Estate in form and substance and from an engineering firm acceptable to Purchaser in its so ,: di~,~t~t~ 3 NOV { 3 2001 From such report Purchaser must be able to determine to its satisfaction that: (a) the Real Estate is not in any way contaminated with any hazardous substances, ha?ardous wastes, contaminants or pollutants (as defined by any federal, state or local environmental law); Co) the Real Estate is not subject to any federal, state or local "superfund" or other environmental lien, proceedings, claim, liability or action, or the threat or likelihood thereof, for the clean-up, removal and remediation of any hazardous substance, contaminant or pollutant from same; (c) there is no asbestos or polychlorinated biphenyl present on the Real Estate; (d) there is no underground storage tank on the Real Estate; (e) the Real Estate has not been used to dispose of any:hazardous substances or hayardous wastes, toxic substances, pollutants or contaminants of any kind (as defined by an~ federal, state or local environmental.. law, ordinance, rule or regulation); and (f) the Real Estate is not in violation of,~y local, state or federal law, code, ordinance or regulation dealing with human health or the environment. 3. Taxes and Assessments. Purchaser assumes and agrees to pay all assessments for as to the Real Estate becoming a lien after the date of closing and so much improvements of the real estate taxes assessed for and becoming a lien as to the Real Estate during the calendar year in which closing occurs as shall be allocable to the Real Estate on or after the day of closing and Vendor shall pay the balance of such taxes. Such taxes shall be prorated through the day before closing based on the current year's tax with due allowance made for the maximum allowable discount. If closing occurs at a date when the current year's milage is not fixed and the current year's assessment is available, taxes will be prorated based upon such assessment and prior year's milage. If cu.rrent year's assessment is not available, then taxes will be prorated on prior year's tax. All real estate taxes for the previous calendar year which are payable no later than March 31 of the calendar year in which closing occurs shall be paid by Vendor. Any such taxes prorated on an estimated basis shall be reprorated by the parties when and as the actual amount of such item becomes known. Any adjustment due to reproration shall be effected promptly after final determination for the amount of such item and demand by the party to whom the credit is due. Any real estate taxes not assumed by Purchaser and which are not due and payable at the time of closing shall be allowed to Purchaser as a credit on the cash payment required on closing. The provisions of this paragraph shall survive closing. 4. Rents, Insurance and Risk of Loss. Rents, if any, shall be prorated at closing. Insurance shall be cancelled as of the date of closing. Vendor shall bear risk of loss until closing. 5. Damage and Condemnation. If at any time after the Acceptance Date (a) the Real Estate shall be damaged or destroyed, Co) the Real Estate shall be condemned in whole or in part, or (c) any notice of condemnation shall be given, then Purchaser, at its sole option, may terminate this Contract or proceed with closing. If Purchaser elects to proceed with closing, then Purchaser may (a) apply the proceeds of any condemnation awa~ I or insurance NOV 1 3 2001 policy to reduce the Purchase Price, or Co) accept an assignment of such proceeds. If Purchaser elects to terminate this Contract, then notwithstanding any other provision of this Contract, the Earnest Money in its entirety shall be immediately refunded to Purchaser. 6. ' oI~g..h_[.Q.~t~. Purchaser shall have the right to permit surveyors, engineers, soil testing companies and other agents to enter upon the Real Estate for the purpose of obtaining surveys, soil tests, inspection reports and other information. Purchaser, tn the exclusion of all others, may place leasing and other signs on any portion of the Real Estate after the expiration of the initial due diligence period. 7. .Closing and Possession. · 7.1 Closing. If this offer is accepted as herein provided, the transaction shall be closed at a place acceptable to the parties in Naples, Florida. within one hundred ninety (190) days from the Acceptance Date; provided, however, that if Purchaser is diligently pursuing obtaining the Zoning, Permits and Development Approvals, as _demonstrated by reasonable evidence including Purchaser's application for such Permits and Approvals, but has not obtained same, in order to so obtain same Seller agrees to extend the Due Diligence Period under this Agreement, if requested by Purchaser, for two (2) additional periods, the first to be sixty (60) days (the "First Extension Period"), and the second to be thirty (30) days (the "Second Extension Period"), one extension period at a time, whereupon Purchaser shall deposit on or before the expiration of the Due Diligence Period or the First Extension Period, as applicable, with Escrow Agent for the benefit of Vendor, ~ and no/lO0 Dollars ~ for each of the extension periods.. All of the foregoing deposits shall become part of the Earnest Money. If during the First Extension Period Purchaser fails to notify Vendor in writing that Purchaser is terminating this Contract (which it may do for any reason), then all of the Earnest Money shall become non-refundable (but shall be applied to the Purchase Price and credited thereto at time of closing); if Purchaser does so notify Vendor in writing of such termination, then the portion of the Earnest Money paid to obtain the First Extension Period shall be returned immediately to Purchaser. If during the Second Extension Period Purchaser fails to notify Vendor in writing that Purchaser is terminating this Contract (which it may do for any reason), then all of the Earnest Money shall become non-refundable (but shall be applied to the Purchase price and credited thereto at time of closing); if Purchaser does so notify Vendor in writing of such termination, then the portion of the Earnest Money paid to obtain the Second Extension Period shall be returned immediately to Purchaser. Closing shall take place within ten (10) days from the extension period last in force. Vendor shall not agree to or execute any agreements, approvals or consents whatsoever concerning the Real Estate or any portion thereof from the Acceptance Date to the time of closing except upon the written approval of Purchaser. At the date of closing, Vendor shall execute and deliver the Deed in recordable form NOV 13 2001 conveying the Real Estate and improvements constituting a part thereof in the same condition as they now are, ordinary wear and tear excepted, a Vendor's Affidavit in the form required by Chicago Title, a non-foreign affidavit pursuant to Section 1445 of the Internal Revenue Code, and any other instrument as reasonably required or requested by Purchaser or Chicago Title. Documentary stamps on the Deed will be paid for by Vendor. Purchaser will pay the cost of recording the Deed, and Vendor will pay the costs of recording any necessary corrective rifle documents required by Chicago Title. Purchaser shall pay for the title insurance commitment. 7.2 Possession. Complete possession of the Real Estate shall be delivered to Purchaser at time of closing. · 8. Brokers. Vendor shall pay only the real estate finder's fees or commissions with respect to this transaction earned by Purchaser"s broker Craig D. Timmins of Grubb and Ellis IPC. Vendor warrants and represents that it has not contacted or d&alt with any other realtors or brokers related to this transaction. 9. Vendor Representations and Warranties. Vendor represents and warrants that as of the Acceptance Date: A. (I) Vendor has not caused and will not cause the release of hazardous substance, hazardous waste, pollutant or contamination on the Real Estate, and (II) to the best of Vendor's knowledge, without having made any independent investigation (i) the Real Estate is not contaminated on the surfa...ce or subsurface wi~ any ha?ardous substance, hazardous waste, pollutant or contaminant '(as define~l by any federal, state or local environmental law, ordinance, role or regulation); (ii) there has not occurred the release of any hazardous substance, hazardous waste, pollutant or contaminant on the Real Estate; (iii) the Real Estate is not subject to any federal, state or local "superfund" or other environmental lien, proceeding, claim, liability or action or the threat or likelihood thereof, for the clean-up, removal or remediation of any ha?ardous substance, hazardous waste, pollutant or contaminant from the Real Estate; (iv) there is no asbestos on the Real Estate; (v) there is no underground storage tank on the Real Estate: (vi) the Real Estate has not been used to dispose of any hazardous substances, ha?ardous wastes, toxic substances, pollutants or contaminants of any 'k/nd; (vii) the Real Estate is not in violation of any local, state or federal law, code, ordinance or regulation dealing with human health or the environment; (viii) the Real Estate has not been used for the purpose of, and there has been no surface or subsurface contamination due to, the generation, storage, disposal or treatment of any bs?ardous waste (as defined by any federal, state or local environmental law, ordinance, rule or regulation); (ix) in connection with the ownership or use of the Real Estate, there is not a present or past failure by any person to comply with any federal, state or local environmental law, ordinance, or any rules or regulations adopted pursuant m. retn' (x~ by -.~ ) NOV 1 3 2001 acquiring the Real Estate, Purchaser will not incur or be subjected to any "superfund" liability for the clean-up, removal or remediation of any hazardous substance, pollutant or contaminant from the Real Estate or any liability, cost or expense for the removal of asbestos or underground storage tanks from the Real Estate. B. There is no litigation or claims pending or threatened against Vendor which would adversely affect the Real Estate or the rights of Purchaser hereunder. C. There is not pending against Vendor any petition in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors or any other action brought under the aforesaid .laws. · All of the foregoing representations in this paragraph 9 shall be considered to be true and correct as of the Acceptance Date and as of the time of closing hereunder and shall survive the closing. Vendor shall indemnify, defend and hold harmless Purchaser from and against any and all claims, demands, liabilities, damages, suits, actions, judgments, fines, penalties, loss, cost and expense (including, without limitation, reasonable attorneys' fees) arising or resulting from, or suffered, sustained or incurred by Purchaser as a result (direct or indirect) of, the untruth or inaccuracy of any of the foregoing representations by Vendor to Purchaser as of the Acceptance Date and as of the time of the closing hereunder, which indemnity shall survive the closing hereunder. 10. Recording. This document shall not be recorded. Vendor and Purchaser shall enter into a written memorandum in recordable form setting forth the terms and conditions of this document, except for the Purchase Price, which may be recorded by Purchaser at its expense. The memorandum shall terminate at the end of the due diligence period and shall be extended through the Extension Periods and date of closing if said Extension Periods are exercised by Purchaser. The memorandum date shall be extended by Vendor's attorney recording an affidavit in the Public Records for Collier County, Florida. 11. Notices. All notices required under this Contract shall be deemed to be properly served if sent by registered or certified mail with return receipt requested or by facsimile, provided an original of the required notice is sent via overnight mail with a responsible company specializing in overnight delivery the same day such facsimile is sent, to Vendor or Purchaser at the addresses as specified on the tim.page of this Contract, or to such other addresses which Vendor or Purchaser may designate in wrj'ting delivered to the. other party for such purpose. Date ofs.ervice of a notice served by mail or via facsimile shall be the date on which such notice is deposited in a post office of the United States Postal Service or sent via facsimile. 12. Time of the t~ssence. Time for the performance of the obligations of the parties is of the essence of this Contract. 7 NOV 13 2001 13. Assignment; Successor of Obligations. The fights and obligations of Purchaser under this Contract may be assigned to an entity controlled by George P. Broadbent. All terms of this Contract shall be binding upon the heirs, legatees, devisees, personal representatives and assignees of the parties. 14. Miscellaneous. This document including all attachments fully sets forth all agreements and understandings of the parties to this Contract with respect to the subject matter hereof. Whenever used herein, the singular shall indicate the plural, the plural shall include the singular, the plural and singular and any gender shall include all genders and the neuter. Captions to the provisions of this Contract are intended and used solely for purposes of identification and do not limit or enlarge upon the written provisions of this Confract. . · 15. Duration of Offer. This offer shall expire if written acceptance endorsed hereon is not delivered to Purchaser on or before 5:00 o'clock P.M.,4une. '7,2000. DATED: June Z~., 2000 - THE SKINNER & BROADBENT DEVELOPMENT COMPANY, INC. "~Geor~P. Broadbent, President X:kDGSX7216Xassignmcnt page skinner, wpd NOV 1 3 2001 ACCEPTANCE OF OFFER AND RECEIPT FOR EARNEST MONEY ! for Purchase of Real Estate. Dated: .~t9 .M., ~"~'~ ~ ,2000 FALLING WAT!~. RS BEACH RESORT LTD. H rrisort~ubschman, General Partner - "Vendor" Harrison, Itames & Holt acknowledge receipt of the sum of~ and no/100 Dollars as the Earnest Money which shall be held by it in its trust account and either applied or forfeited according to the terms of the foregoing Contract for Purchase of Real Estate. Dated: ./~ .M., ,_To' ] ~/ ,2000 / ]-t-3~a~"~, FRANKLIN, STARNES & HOLT By: rf-2"'~ z~J~~ Tl~omas H. Gunderson "Escrow Agent" NOV 1 3 2001 Exhibit "A" Site Plan LEGAL DESCR~TION - -' PARCEL ~A~ A ~{on oFl~d ~cated ~n S~{Ion 3, To.ship ~1 South, R~ge 26 ~, Coil{er County, F~rida ~ing ~re p~icul~{y dc~d~d ~ Fo{lows: Co~menc~g at t~c ~st ~ co~cr or.id Sccl{on 3; T~encc ~n South 00~4 {'3 "W~i .......... J 02g.67 fcct along lhe e~t l~e of~d S~tion 3; Thence ~n ~onh ~4· 20'16" W~t on a ~e 400 h'onh of~d p~cl ~th ~hc No.h ~gh~f.~y {ln~ of Florida State Road 90;.~.S. 41) for a Rccord~ Book 83, Page I~ of~e Public Recor~ oFColUer Cowry, FIoH~; ~cnce' ~o.h ~4~20'16'' West 3503.15 fee~ to the Po~t ofBeg~ Of~ p~ccl ofl~ het~ denned; ~ence cont~ue No~h 54~0'16" W~ 239.00 ~et {o {hu E~t ~ght-of-Way ~e Slate ~ad 9~ l (100.00' ~t-of-W~y); ~c ~o~ 3~40'08'' ~ 220.00 ~l along ~{d E~t ~ght~F-~y {~c; Thence South ~4~0'16" E~i 23~.00 fe~t; ~encc Sout~ 35~40'08'' .... 220,00 feel Io the Po~: of Bcg~g. Lc~ ~d E~cpt ~ WcstcrIy 50.00 feet B~r~gs ~c b~cd on thc E~! ~ght-of-Way line of Stale Road 951 ~ ~g No~h 35~40'08'' Exhibit A - Page 1 'of4 LEGAL DESC~ON A ~on of~ l°~ted ~ Section 3, To~p 5I Sout~'~e 26 ~ ~ Co~, Co~c~ al ~ E~I ~ comer of~d S~on 3; ~e ~ South 00"41'31" West 629.67 f~ ~ong ~ ~ ~ or.d Section 3; Thc~c No~h of~d p~el ~ ~e No~ N~t-of-~Y ~e of F~ State ~ 90. ~.S. 41) ~r a tiN.ce oF60~.25 ~ to t~ F=,~ ~ ora ~] ~e ~m~t ~ ~rded ~ O~c~ R~or~ Book 83, P~e 125 of~e ~bHc ~cords ofCo~r Co~, ~oflda; ~e~c coat.ut No~h 54~20'16'' W~ 3742.15 ~ to the E~ ~ght~f-W~y ~e of State Road 951 (100' ~ght-of-W~y); ~e~e No~ 35~40'08" t~ Po~t oftk p~l of~ h~ dc~d; ~, ~n~ North 35'40'08" E~ 600.00 ~ ~ong ~d E~t ~ght-of-W~y ~e; ~cmc Sou~ 54~0' 16" E~ 239.00 f~t; Th~ce Sou~ 35040'08" We~ 600.00 f~t; ~e~e No~h 54~0'16" We~ ~9.00 feet ~ the / PoNt of Begi--;-g. Le~ ~ Except ~e Westerly 50.00 feel th~E Bergs ~ ~d on ~ E~ ~t-of-Wuy ~ of State Ro~ 951 ~ ~g No~ 35~40'0g'' .. 5: . ..:. ~ · ~ Flofi~ ~~t, No. 4520 t~olkl4.1~ NOV 13 2001 Exhibit A - Page 2 of 4 ~ ~' !~, NOV 13 2001 badamtchian c '"-'~laom: Paul Martella [ampmnaples@yahoo.com] Thursday, August 02, 2001 9:28 AM chahrambadamtchian@colliergov.net Subject: Fwd: [Fwd: Fwd: Falling Waters...A must read!!!] > Collier County Government > Planning Services Dept. > 2800 N. Horseshoe Dr. > Naples, FL 34104 > > > Dear Planning Board: > > Please regard this email as our disapproval of > the following TWO PUD > changes to the Planned Unit Development known as the > Falling Waters Beach > Resort: > > 1. Decreasing minimum front setback from 50 ft. to > 20 ft. > > 2. Increasing sq. ft. from 49,000 to 73,000, for > PUDA-2001-AR-500 for > property located at the intersection of Collier > Boulevard (C.R.951) and U.S. > 41, in section 3 Township 51 South, Range 26 East, > Collier County, Florida. ~We feel that decreasing the setback will detract > from the ambience of our > entrance and with the influx of increased traffic it > will be a major concern > for an already congested and dangerous intersection > on Collier Boulevard. > We feel very strongly about this issue! Alice & Paul Martella 6730 Beach Resort Drive #15 Naples, Florida 34114 Do You Yahoo!? Make international calls for as low as $.04/minute with Yahoo! Messenger http://phonecard.yahoo.com/ NOV 1 3 2001 Edward Calkins [ednclo@juno.com] 'om: Thursday, August 02, 2001 9:11 AM ;ent: chahrambadamtchian@colliergov-net To: jandjstan@aol.com; Bricks646@cs.com; Chadsmail@aol.com; Salzepalz@aol.corn; Cc: Byronorig@aol.com PUDA-2001 -AR-500 Subject: Mr. Chahram Baddamtchian Planning Services Dept. Collier County Govt. 2800 No. Horseshoe Dr. Naples , FL 34104 August 2 , 2001 Dear Mr Baddamtchian : Please accept this email as our strong disapproval of the proposed changes suggested in PUDA-2001-AR-500. In particular , there are two areas that really offend us : 1. Decreasing the minimum front setback from 50 feet to 20 feet ; and 2. Increasing the square footage from 49,000 to 73,000 We are very happy with our property at F~_LLING WATERS BEACH RESORT These proposed changes , in our opinion , would dramatically change : A. The beauty of our falling waters entrance ; B. The feeling of being "stuffed" between two self-storages ; C. The increase in traffic at a very congested and dangerous intersection ; and , D. Most probably , by effecting a substantial decrease in our property values-- all 400 + of us For these reasons , we strongly encourage you to deny the proposed changes Thank you for your consideration . Very truly yours , Edward & Clotilde Calkins 6700 Beach Resort Drive - #8 Naples , FL 34114 NOV 1 3 2001 July 30, 2001 Collier County Government Planning Services Dept. Dear Planning Board: Please regard this letter as our disapproval of the following two PUD changes to the Planned Unit Development known as Falling Waters Beach Resort: 1. We are totally in opposition to decrease minimum fi.ont setback fi.om 50 ~. to 20 ft. for fear of obstructing our beautiful front view of our magnificent waterfalls which was a point made by the sales personnel when purchasing our condos. With this in mind, we would be the only residential community sandwiched between a commercial parcel, which in turn lowers the value of"our" properly. 2. Increasing the sq. ft. from 49,000 to 73,000, for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.IL 951) and U.S. 41 in section 3 Township 51 South, Range 26 East, Collier County, Florida~ Our objection to this proposal are as follows: a. At completion the Falling Waters Beach Resort will consist of 430 families with a possibility of 2 vehicles per household. b. Capital Storage proposes 800 storage units with 30% designated for commercial tlse. c_. Has the DOT taken into consideration this tremendous increase in volume entering and exiting Collier Blvd? Our entrance was designed to accommodate 430 families at completion. As per a survey taken in Bonita Daily News, the intersection of 951 and 41, which is approximately 1/10t~ mile fi.om our entrance, has been rated one of the 5 most dangerous intersections in Collier Colmty. Thank you for your consideration, ~~Phase II, Board of Directors Sandra A. Geoffroy, Treasurer of Phase Il, Board of Directors 6650 Beach Resort Drive #2 Naples, FL 34114 (941) 732-7573 NOV 1 3 2001 RECS[¥ED JUL 7 ~ 2001 Dear Sirs: This response is in reference to the PUD development at Falling Waters Beach Resort at S.R. 41 and CR 951 -No. PUDA-2001-ARS00. First of all, we do not know how a commercial development in fi'ont of a private community ever got passed a zoning board in the first place. We have not been able to fred another one in Naples since we heard of this development. We are very much against any increases of building out more space towards the property lines or fi-ontage set backs. Also, the height of any buildings should be kept to a minimum. If this project proceeds to move forward, the ambience of the road firontage should be made as attractive as the community it will be representing. We hope that the planning board and t. he county commissioners will think of this project with their own good tastes and feelings involved. Sincerely, , Robert B. LaFortune Robert B~'--~Ii~La Fortune' ~:,~ ..r-~¢..6-~/~a~ Dr. AC,~40A ,~.U NOV 1 3 2001 NOV 1 3 2001 ......... ,- ~,~ ..... ~,,~,,f*~ nlg3g · Televhone: (508) 356-1125 · Fax: (508) 356-8893 badamtchian_c 'rom: Relelmore@aol.com l~o..nt: Wednesday, August 01. 2001 12:58 PM chahrambadamtchian@colliergov.net Subject: Falling Waters Beach Resort Dear Planning Board: Please regard this email as our disapproval of the following TWO PUD changes to the Planned Development known as the Falling Waters Beach Resort: 1. Decreasing the minimum setback from 50 to 20 feet. 2. Increasing square feet from 49,000 to 73,000 for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.R. 951) and U>S> 41 in section 3 Township 51 South, Range 26 East, Collier County, Florida. We feel that decreasing the setback will detract from the ambiance of our entrance and with the influx of increased traffic, it will be a major safety concern for an already congested'intersection on Collier Boulevard. Very truly yours, Roger S. Elmore Leah R. Elmore 6560 Beach Resort Drive Unit 7 Naples, FL 34114 NOV 1 3 2001 P~" t~O badamtchian_c Im: Russ Anderson [roarnsa@yahoo.com] .,nt: Wednesday, August 01,2001 11:07 AM chahrambadamtchian@colliergov.net Subject: PUD Changes August 2, 2001 Collier County Government Planning Services Department 2800 N. Horseshoe Drive Naples, FL 34104 Dear Planning Board: Please regard this email as our disapproval of the following TWO PUD changes to the Planned Unit Development known as the Falling Waters Beach Resort: 1. Decreasing minimum front setback from 50 feet to 20 feet. 2. Increasing square feet from 49,000 to 7~,000 for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C. R. 951) and U.S. 41, in section 3 Township 51 South, Range 26 East, Collier County, Florida. We feel that decreasing the setback will detract from he ambience of our entrance and with the influx of ~eased traffic it will be a major concern for an already congested and dangerous intersection on Collier Boulevard. Russell O. Anderson ~<ildred S. Anderson 6710 Beach Resort Drive #11 Naples, FL 34114 roamsa@yahoo.com Do You Yahoo!? Make international calls for as low as $.04/minute with Yahoo! Messenger http://phonecard.yahoo-com/ NOV 1 3 2001 I P~,. ~._~./-~ badamtchian_c rom: FittChic7@aol.com ~,.~ent: Tuesday, July 31, 2001 9:25 PM · FittChic7@aol.com; chahrambadamtchian@colliergov.net Subject: Protest of Falling Waters setback changes Collier County Government Planning Services Dept. 2800 N. Horseshoe Dr. Naples, FL , 34104 Dear Planning Board: Please regard this letter as our disapproval of the following TWO PUD changes to the Planned Unit Development known as Falling Waters Beach Resort: 1. Decreasing minimum front setback from 50 ft. to 20 ft. 2. Increasing sq. ft. from 49,000to 73,000, for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C>R>951) and U.S> 41, in section 3 Township 51 South, Range 26 East, Collier County, Florida. We feel that decreasing the setback will detract from the ambiance of our entrance and with the influx of increased traffic, it will be a major concern ~-~ an already congested and dangerous intersection on Collier Boulevard. ._~Signed, zed Thady and Martha Thady 6650 Beach Resort Road Bldg. #9, Unit #3 Naples, Florida 34113 NOV 13 2001 badamtchian c From: Yurko2@aol.com ent: Wednesday, August 01, 2001 8:27 AM Chahrambadamlchian@colliergov.net Cc: BYRONORIG@aoI.com Subject: PUD CHANGES Planning Services Dept. As residents of FALLING WATERS BEACH RESORT my wife and I strongly opose any changes that would : #1. Decrease the minimum set back from 50FT. to 20FT. #2. Increase sq. footage from 49,00 to 73,000 for PUDA2001-ar-50 for the property located at the intersection of Collier Bld. [ CR 951 ] and US 41 Sec. 3 Township 51 south , range 26 east , Collier county ANY DECREASED SETBACK AND INCREASED SQ. FOOTAGE WILL MAKE THE ENTRANCE TO OUR HOME , COMMUNITY , DANGEROUS , ,CONJESTED , AND TAKE AWAY FROM THE APEARANCE WE NOW HAVE . ----IT WILL LOWER OUR PROPERTY VALUES AND FOR US [ MAKE OUR COMMUNITY UNLIVABLE ]. WHEN WE PURCHASED HERE WE WERE ASSURED BY THE DEVELOPER AND COUNTY AUTHORITIES THAT THERE WOULD NOT BE ANY ZONING CHANGES THAT WOULD HAVE A NEGATIVE EFFECT OUR COMMUNITY. JOSEPH AND CAROLE YURKO 6690 BEACH RESORT DRIVE #1 NAPLES , FLORIDA · 34114 AG~3A I~ NOV I 3 2001 badamtchian_c )m: Lee Willson [Iwaw48@yahoo.com] o:nt: Wednesday, August 01, 2001 8:43 AM chahrambadamtchian@colliergov.net Cc: rkkidd@naples.infi.net Subject: Setback Issues Good morning Chahram Baddamtchian, Our names are Lee and Anne Willson and since December 8th of 2000 reside at Falling Waters Beach Resort, Building 6770, Unit #14. We have been permanent residence of Naples, Florida since December 10th,2000. We both were initially ok with the original plans of the storage units that were going to be built on Rt 951 (Fifty Feet back and to the left of the entrance to Falling Waters) now we find out that the Storage units will be on both sides of the Falling Waters entrance and the right side units will actually use the Falling Waters entrance,also the units will be 30 Feet CLOSER TO RT 951 We both feel this situation is totally unacceptable because of #1 Safety issues both entering and especially leaving Falling Waters going onto Rt 951. 50% of the cars leaving Falling Waters go across to the speed lane in order to do a U-Turn approximately 200 yards up Rt 951 . With the Storage units 30 ft closer to the road will impede ~" e visibility of drivers leaving Falling Waters. I ~derstand the intersection of 41 and 951 is one of ~he worst intersections IN THE COUNTRY for serious accidents and with the addition of these storage units being 20 ft from the road only increases the chances of additional accidents! furthermore, our thoughts when'we initially saw the 50 ft setback was that these units were somewhat hidden by the foliage. This proposal about having these units only 20 Ft from the road tells us that these units will stand out like a SORE THUMB and certainly take away the naturalness and aesthetics of the Falling Waters entrance. In summary , we are totally against "1 changing the setback from 50 ft to 20 ft. and #2 having storage units on the right side of the Falling waters entrance(as you come into Falling Waters) and #3 having to share the entrance. Our E-Mail address is lwaw48@yahoo.com Do You Yahoo!? Make international calls for as low as $.04/minute with Yahoo! Messenger http://phonecard.yahoo.com/ NOV 13 2001 Erika Zybell 6650 Beach Resort Dr. Naples FI. 34114 July 23,2001 Planning Services Department 2800 North Horseshoe Drive Naples Fl. 34104 Att: Chahram Baddamtchian, In response to your letter dated Juh' 13.2001 I Erika Zybell want to express my STRONG OPPOSITIO": ~.' ~h. :,r, ,~,.cd sc', hack of the front yard from 50 fl. to 20 fl. on the propert)~ located at the lntersecuon ol Coti~cr [C.R. 951] and U.S. 41, in Section 3, Township 51 South, Range 26 East Collier County, Florida.. Sincerely, Page 1 of 1 badamtchian_c From: jeffrey heintzman [jheintzman@sprint.ca] Sent: Thursday, August 02, 2001 12:03 AM To: chahrambadamtchian@colliergov.net Subject: Re:Commercial storage facilaty Dear Sirs/Madam As I understand it,there will be a new commercial storage facility located at US 41 + 951 next to Falling Waters at the same Iocation.I also understand that the Naples Daily News has stated that that particular intersection is the fifth most dangerous in all of Collier county. Being an owner of a condo in Falling Waters I do not think it prudent to be allowing such a facility to be located in such close quarters to Falling Waters as this would be a dangerously high volume of traffic in an already high volume intersection. Jeffrey Heintzman 6640 Beach Resort Drive, Naples NOV 1 3 2001 08/02/2001 Page 1 of 1 badamtchian_c From: Geneiudy45@cs.com Sent: Wednesday, August 01, 2001 5:22 PM To: chahrambadamtchian@colliergov.net Cc: cscherry@liggett.com Subject: (no subject) Collier County Government Planning Services Dept. 2800 N. Horseshoe Dr. Naples, FL 34104 Dear Planning Board: Please regard this email as our disapproval of the following TWO PUD changes to the Planned Unit Development known as the Falling Waters Beach Resort: 1. Decreasing minimum front setback from 50 ft. to 20ft. 2. Increasing sq. ft. from 49,000 to 73,000, for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.R.951) and U.S. 41, in section 3 Township 51 South, range 26 East, Collier County, Florida. We feel that decreasing the setback will detract from the ambiance of our entrance and with the influx of increased traffic it will be a major concern for an already congested and dangerous intersection on Collier Boulevard. Eugene B. and Judith A. Scherry 6670 Beach Resort Drive Suite ~4 Naples, Florida 34114 NOV 1 3 2001 ,. 08/02/2001 L AUG 0 200i August I, 2001 Mr. Chahram Baddarntchian - Principal Planner Collier Coun~ Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-2OOI-AR-500 Dear Sir: We want to express our opposition to the proposed rezoniag &the parcels of land located on both sides of the one and only entrance into our community. We object to #1 - increasing the commercial sq. footage from 49,000 to 73,000 and #2 - decreasing the minimum front yard setback from 50 ft. to 20 ft. We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested and dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. Thank you, NOV 13 2001 I AUG 0 3 2001 Collier County Government Dear Planning Board: Plea~ regard this letter as our disapproval of the following two PUD changes to the Planned Unit Development known as Ialling Waters Beach Resort: 1. Decreasing minimum front setback from 50 ft. to 20 ft. 2. Increasing sq. i~. fxom 49,000 to 73,000, for PUDA-200 I-AR-500 for property located at the intersection of Collier Boulevard (C.R. 951) and U.S. 41 in s~tion 3 Township 51 South, Range 26 East, Collier County, Florida. Thank you for your consideration. NOV 1 3 2001 RECEIVED ~U$ 0 Z 2001 Collier Count)' Government Dear Plarming Board: Please regard this letter as our disapproval of the following two PUD changes to the planned Unit Development known as Falling Wat¢.-s Beach Resort: 1. Decreasing minimum front setback from 50 fi. to 20 fl. 2. Increasing sq. ft. from 49,000 to 73,000, for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.1L 951) and U.S. 41 in section 3 Township 51 South, Range 26 East, Collier County, Florida. Thank you for your consideration. NOV 13 2001 Collier County Government AUG 0 / 2001 ~ Pl~g Bo~d: PI~ reg~d t~s ~er ~ o~ d~ppmml oft~ fogow~ two P~ c~ges to the P~ed U~t Developmem ~m ~ Fall~g Watem B~ch Re.~: 1. ~cre~g ~mm ~ont ~t~ck ~om 50 R. m 20 ~. 2. Incr~g ~. g. ~om 49,000 to 73,000, for P~A-2001-~-500 for pro~ lo~t~ at the ~ter~ction ofCo~ier ~ulev~d (C.~ 951) ~d U.S. 41 ~ ~tion 3 Tom~p 51 ~m~ ~e 26 Em, Co~ier Co~, Flori~. ~ you for yo~ comideration. .... ~1 ~ ,'~ '~ NOV 3 2001 Collier County Government Dear Planning Board: Please regard this letter as our disapproval of the following two PUD changes to the Planned Unit Development known as Falling Waters Beach Resort: 1. Decreasing minimum front setback from 50 fi. to 20 fi. 2. Increasing sq. ft. fi.om 49,000 to 73,000, for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.IL 951) and U.S. 41 in section 3 Township 51 South, Range 26 East, Collier County, Florida. Thank you for your consideration. ,-" "~.~,~ ~" / NOV 1 3 2001 PJ.~ August 1, 2001 Mr. Chahram Baddamtchian - Principal Planner Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-2001-AR-500 Dear Sir: We want to express our opposition to the proposed rezoning of the parcels of land located on both sides of the one and only entrance imo our community. We object to #1 - increasing the commercial sq. footage from 49,000 to 73,000 and #2 - decreasing the minimum front yard setback from 50 We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested and dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. NOV 1 3 2001 August 1, 2001 Mr. Chahram Baddamtchian - Principal Planner Collier County Current Pluming Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-2001-AR-500 Dear Sir: We want to express our opposition to the proposed re. zoning of the parcels of land located on both sides of the one and only entrance into our community. We object to # 1 - increasing the commercial sq. footage fi.om 49,000 to 73,000 and #2 - decreasing the minimum fi.om yard setback from 50 ft. to 20 ft. We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested a~ad dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. Thank you, ._ TM NOV } 3 200? August 1, 2001 Mr. Chahram Baddamtchian - Principal Planner Collier County Current Planning S~ction Development Services Building 2800 North Horsesho~ Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-20OI-AR-500 Dear Sir: We want to express our opposition to the proposed re. zoning of the parcels of land located on both sides of the one and only entrance into our community. We object to #1 - increasing the commercial sq. footage from 49,000 to 73,000 and #2 - decreasing the minimum front yard setback fi.om 50 ft. to 20 ft. We feel that decreasing the setback will detract fi.om the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major cone. em for an already congested and dangerous imersection on Collier Blvd. We trust the Planning Commission will take our cone. ems into consideration. NOV 1 3 2001 August 1, 2001 Mr. Chahram Baddamtchian - Prindpal Planner Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-20OI-AR-500 Dear Sir: We wish to express our thanks for the courtesy you extended during our visit this past Monday. We want to express our opposition to the proposed rezoning of the parcels of land located on both sides of the one and only entrance into our community. We object to increasing the commercial sq. ft. from 49,000 to 73,000 and decreasing the minimum from yard setback from 50 ft. to 20 ft. When all our residential units are complete, we will have close to 450 units. At least haft of these units have 2 cars. Approx. 675 residem cars will be entering and exiting many times during the day as well as renters, visitors (who will not expect cars cutting across the access lane in a private entranceway), misc. service repair personnel, UPS deliveries, etc., etc. This will create an extremely hazzardous condition for an aging resident population. I can think of no other community that shares their entrance/exit area with a commercial establishment. This traffic flow doesn't look that bad on paper, but when you have to live with the reality on a daily basis it will be a very dangerous situation. We hope you will take our concerns to the Planning Commission and they will make a fair and jug decision. Thank you. Ronald and Geraldine Krisanda 6560 Beach Resort Dr. #3 Naples, FL 34114 AC, ENOA rrF. M NOV 13 2001 .(.c/co August 1, 2001 Mr. Chahram Baddamtchian - Principal Planner Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34 i 04 Re: Falling Waters Beach Resort PUDA-20OI-AR-500 Dear Sir: We want to express our opposition to the proposed re. zoning of the parcels of land located on both sides of the one and only entrance into our community. We object to #l - increasing the commercial sq. footage from 49,000 to 73,000 and #2 - decreasing the minimum front yard setback from 50 ft. to 20 ft. We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested and dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. NOV 1 3 2001 Mr. Chahram Baddamtchian - Principal Planner Collie' County Current Planning Section Development Services Building 2800 North Horsesho~ Drive East Naples, FL 34104 Re: Failing Waters Beach Resort PU'DA-2001-AR-500 Dear Sir: We want to express our opposition to the proposed rezoning of the parcels of land located on both sides of the one and only entrance into our community. We object to #1 - increasin8 the commercial sq. footage from 49,000 to 73,000 and #2 - decreasing the minimum front yard setback from 50 ft. to 20 ft. We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested and danserous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. Thank you, August 1, 2001 Mr. Chah~am Baddamtchian - Principal Planner Collier County Current Planning Section Development Se~'ices Building 2800 North Horseshoe Drive Eas~ Naples, FL 34104 Re: Falling Waters Beach R,esor~ PUDA-2001-AR-500 Dear Sir: We want to express our opposition to the proposed re, zoning of the parcels of land located on both sides of the one and only entrance imo our community. We object to gl - increasing the commercial sq. footage from 49,000 to 73,000 and //2 - decreasing the minimum front yard setback from 50 fl. to 20 fl. We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested and dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. Thank you, /. ....... NOV 1 3 2001 EXECUTIVE SUMMARY PETITION RZ-2001-AR-1376. CARLOS MORALES OF LA QUINTA HOMES OF SW FLORIDA, INC. REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "RSF-3" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT TO "RMF-6" RESIDENTIAL MULTI-FAMILY DISTRICT FOR A PROPERTY LOCATED AT 5211 24TH AVENUE SW IN GOLDEN GATE CITY AND IS FURTHER DESCRIBED AS LOT 1, BLOCK 194, GOLDEN GATE UNIT 6, SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THIS SITE CONSISTS OF 12500 SQUARE FEET. OBJECTIVE: To have the Board of County Commissioners consider a request for a rezoning of land from its current zoning classification of "RSF-3" residential single-family to "RMF-6" residential multi-family, while maintaining the community's best interest. CONSIDERATIONS: The petitioner wishes to rezone the subject property from "RSF-3" Residential Single- Family Zoning District to "RMF-6" Residential Multi-Family Zoning District to allow the construction of a residential duplex. This lot is a corner lot located at the end of a block and surrounded on three sides by multi-family zoned lots. The applicant applied for a building permit to build a duplex on the lot. A permit was erroneously issued for the """ duplex. The construction commenced and continued on the building until a Spot Survey, as required by Code, was submitted to the County, which alerted the County to the fact that a duplex was being build on a Lot zoned for single family. FISCAL IMPACT: Should this rezone be granted, the applicant will be able to finish a duplex residence, which will generate the following impact fees. Road Impact fee: $3,600.00 Public Schools Impact fee: $1,778.00 Regional Parks, Impact fee: $179.00 Community Parks Impact fee: $399.00 Libraries Impact fee: $180.52 Correctional facilities impact fee: $117.98 Fire Impact Fee: $600.00 EMS Impact Fee: $14.00 Radon Gas $10.00 Buildinq Code Administration $10.00 Total $6,888.50 A~A ITEM NOV 13 2001 In addition to the Impact Fees described there are building permit review fees. Building permit fees have traditionally offset the cost of administrating the community development review process. There are no utility impact fees associated with this residence, as there are no utilities available to the site at this time. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). The Urban Residential Subdistrict permits residential development at a base density of 4 dwelling units per acre. The subject site is located within one mile of the Activity Center # 15. The property is entitled to 4 dwelling units per acre, plus it may be eligible for a density bonus of up to 3 additional units for a total of 7 dwelling units per acre. Therefore, this request to rezone the property to RMF-6 is deemed consistent with the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmentally sensitive areas on the site. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the CCPC review RZ-2001-AR-1376 and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: There were no environmental issues involved with this request; therefore, this petition was exempt from the EAC review. PLANNING COMMISSION RECOMMENBATION: The Collier County Planning Commission reviewed this petition on October 18, 2001 and by a vote of 5-2 recommended approval. At the CCPC hearing 3 people spoke against the requested rezone stating that a duplex will bring higher traffic volume to the AGF._.~ A ITEM -'- NOV 13 2001 2 p~. o.~ . , area than a single-family would. They also objected to the design of the building. Two of the Planning Commissioners agreed with the objecting neighbors and voted against the requested rezone. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY: SUS~I MORRAY, AICP DATE ~CURRENT PLANNING MANAGER -.'" THOMA~S E. KUCK, P.E. DATE INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: :o N g0NNUOK, DATE AD ~ I N I ST~ATO ~ AC_:iEN~ A ITEM l'to._ ~_.._._C~-'_ NOV I ,3 200~ AGENDA ITEM 8-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 27, 2001 RE: RZ-2001 -AR-1376 OWNER/AGENT: OWNER: La Quinta Homes of SW Florida, Inc. Carlos Morales (100%) 2861 4th Street NW Naples, FL. 34120 REQUESTED ACTION: The applicant is requesting to change the zoning classification of the subject property from "RSF-3" Residential Single-Family Zoning District to "RMF-6" Residential Multi- Family District. GEOGRAPHIC LOCATION: 24th The subject property is located at 5211 Avenue SW in Golden Gate City and is further described as Lot 1, Block 194, Golden Gate Unit 6, Section 21, Township 49 South, Range 26 East, Collier County, Florida. This site consists of 12500 square feet. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to rezone the subject property from "RSF-3" Residential Single- Family Zoning District to "RMF-6" Residential Multi-Family Zoning District to allow the construction of a residential duplex. This lot is a corner lot located at the end of a block and surrounded on three sides by multi-family zoned lots. The applicant applied for a building permit to build a duplex on the lot. A permit was erroneously issued for the duplex. The construction commenced and continued on the building until a Spot Survey, as required by Code, was submitted to the County, which alerted the County to the fact that a duplex was being build on a Lot zoned for single family. ~r. AGENDA ITEM NOV 1 3 2001 SURROUNDING LAND USE AND ZONING: Existing: Duplex under construction, zoned "RSF-3" Residential Single-family Surrounding' North- Single Family dwelling, zoned "RSF-3" Residential Single-family East - Duplex, Zoned "RMF-6" Residential Multi-family South- Duplex, Zoned "RMF-12" Residential Multi-family West- Duplex, Zoned "RMF-6" Residential Multi-family GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The Urban Residential Subdistrict permits residential development at a base density of 4 dwelling units per acre. The subject site is located within one mile of the Activity Center # 15. The property is entitled to 4 dwelling units per acre, plus it may be eligible for a density bonus of up to 3 additional units for a total of 7 dwelling units per acre. Therefore, this request to rezone the property to RMF-6 is deemed consistent with the requirements of the Growth Management Plan. Transportation Element: The proposed RMF-6 zoning will result in 20 trips per day. Based on this data, the site- generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on any County roads. In addition, this project will not lower the level of service below any adopted LOS "D" standard on any road within the project's radius of development influence (RDI). The proposed rezone will not create or excessively increase traffic congestion on the arterial road system at build-out and complies with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Sewer and water: Water and sewer is available to this site. Drainaqe: Water management requirements will be addressed at the time of Building Permit review and approval. Such approvals will be made consistent with Collier County drainage requirements. A~ ITEM ' NOV 1 3 2001 2 P~..~---- Open Space: Due to the small size of the property this requirement is not applicable to this property. Conservation: Conservation goals, objectives and policies are achieved by applying LDC requirements to required subsequent approvals. Other applicable elements Staff's review indicates that this petition has been designed to account for the necessary relationships dictated by the Future Land Use Element of the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this rezone request. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. However, a waiver of Historical/Archaeological Survey and Assessment was recommended for approval by the Collier County Historical and Archaeological Board. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The subject petition hasbeen reviewed by the appropriate staff responsible for oversight related to theabove referenced areas of critical concern. This primarily includes a review by the Community Development Environmental staff, and the Transportation Division staff. This petition was administratively reviewed on behalf of the EAC and staff recommended approval. CRITERIA EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by AGENDA tTEM NOV 1 3 2001 3 p~. q _ professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of' analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5. (Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and have been attached to the staff report as Exhibit "A". (See Attached) Relationship to Future and Existinq Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. A rezoning action having the effect of rezoning approximately 2400 square feet to residential duplex will be consistent with the provisions of the FLUE. Compatibility:. The subject property abuts other RMF-6 residential multi-family zoned End developed properties on two sides, and RMF-12 zoned properties on the south side. This lot is surrounded on three sides by multi-family zoned and developed properties. Additionally, this property qualifies for residential multi-family under the Future Land Use Element of the Growth Management Plan, for these reasons this residential multi-family rezoning is compatible with surrounding and nearby land uses. NOV 3 200 4 ~,~ ._(~ _ Timinq: Clearly the timing of a rezoning action from "RSF-3" residential is present when the land is impacted with nearby multi-family residential land uses. Traffic: The site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume). The added trips will not lower the level of service below adopted standards within the project's radius of development influence (RDi). Therefore, the rezoning action will be consistent with the TE. Infrastructure: All required infrastructures are already in place. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition RZ-2001-AR-1376 to the BCC with a recommendation for rezoning this property from "RSF-3" Residential Single-Family to "RMF-6" Residential Multi-Family zoning district. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICV DATE PRINCIPAL PLANNER REVIEWED BY: S~SAN MURRAY, AICP / DATE' CURRENT PLANNING MANAGER A~A ITF_J,,4 NOV 1 3 2001 5 .____ THOMAS E. KUCK, P.E. DAI'E ' INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JCFIN M. DUNNUCK, III D--~-'T-~--' Ii~i-ERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES A'bMINISTRATOR Petition RZ-2001-AR-1376 This petition has been tentatively scheduled for November 13, 01 BCC Public Hearing. COLLIER COUNTY PLANNING COMMISSION: JOYCEANNAJ. RAUTIO, CHAIRMAN N,,._¢ NOV 1 3 2001 REZONE FINDINGS PETITION RZ-2001 -AR-1376 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and .the elements of the Growth Management Plan. Pro: It is the opinion of the Comprehensive Planning Section that a rezone to RMF-6 will be in compliance with the Growth Management Plan. Con' None. Summary Findings: The proposed rezone to RMF-6 will be in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern. ProlCon: Evaluation not applicable. Summary Findings: This property is surrounded on three sides by multi-family zoned properties and on one side with a single-family zoned lot. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: This property is adjacent to properties developed with duplexes. Con: None. Summary Findings: This property is adjacent on two sides to parcels zoned RMF-6 and developed with duplex residential structures. 4. 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 consistent with the GMP. NOV 1 3 2001 Con: None. Summary Findings: This project will be adjacent to residentially developed properties. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. ProlCon: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate because its relationship to the FLUE is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. ProlCon: Evaluation not applicable. Summary Findings: The proposed change will not adversely influence living conditions in the area because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: An action to rezone the property as requested is consistent with all applicable transportation elements. Con: None. 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 increase traffic congestion. 8. Whether the proposed change will create a drainage problem. Pro: The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New NOV 1 3 2001 development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra- county drainage appurtenances would increase the risk of flooding in areas when drainage outfall condition is inadequate. Summary Findings' Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. ProlCon: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Typically urban intensification increases the value' of contiguous land. Con: None. Summary Findings: This is a subjective determination based upon factors, which may be internal or external to the subject property. Zoning is only one component, which may affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. ProlCon: Evaluation not applicable. AGENOA ITEM NOV 1 3 2001 Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. ProlCon: Evaluation not applicable. Summary Findings' The proposed development is in compliance with the Growth Management Plan a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. ProlCon: Evaluation not applicable. Summary Findings' The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. ProlCon: Evaluation not applicable. Summary Findings: A policy statement, which has evaluated the scale, density and intensity of land uses, deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings' There are many sites, which are zoned to accommodate the proposed residence. This is not the determining factor when evaluating the AGENDA ITEM NOV 2001 appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. ProlCon: Evaluation not applicable. Summary Findings: Development of the land will necessitate alteration of the site in some form. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and implemented through the Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationship. NOV 1 3 2001 ORDINANCE NO. 01~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9621 BY CHANGING THE ZONING CLASSIFICATION FROM RSF-3 TO RMF-6 RESIDENTIAL MULTI-FAMILY OF THE HEREIN DESCRIBED PROPERTY IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, PROVIDING AN EFFECTIVE DATE. WHEREAS, Carlos Morales, representing La Quinta Homes, 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 real property more particularly described as: Lot 1, Block 194, Golden Gate Unit 6, as recorded in Plat Book 5, Pages 124-134 of Official Records of Collier County, Florida is changed from RSF-3 to 1LMF-6 and the Official Zoning Atlas Map numbered 9621, as described in Ordinance 91-102. the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved. 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 COU.~TY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAI[LMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY tlV{arjor~.~M. Student' ' ,&C,~J~'~'~"~=~--~ IT~r.,M Assistant County Attorney NOV 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE RZ-2001-AR-1376 Petition No.: Date Petition Received: PROJECT//2001080060 DATE: 8/24/01 Commission District: Planner Assigned: ~ CHAHRAM BADAMTCHIAN ABOVE TO BE COMPLETED BY STAFF :1.. General Information: --, NameofApplicant(s)~-~' ~;)o~aTt-e'.. /-/O/~e~q d/ ,~'(-e_) f__/t.; Applicant's Mailing Address ,~ ~ d, / ."</ ~ 7'. ,, A/~ City ,/iff~2.,~O/¢ ~ State ~-t. Zip Applicant's Telephone S n of^ nt Agent's Mailing Address .,,ffff'~// ~ ~'7'7.,, City /~ff,4~//~ * State /~--[. Zip / Agent's Telephone # ,,~ ~'.ff ~ ~/,..~, ~" .er/ Fax # Agent's E-Mail Address: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING AGEI',~A iTEM 2800 N. HORSESHOE DR.IV~NAP!~ES, FL 34104 hie,_ ~' ~'~ PHONE (941) 403-2400/FAX (941) 643-6968 NOV I 3 2001 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets J f necessar3') Name of Homeowner Association: ~ __ . M~iling A~, d :'. ss ..... City State ~ Z:.~,_ Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State ~ Zip. A Name of Master Association: /v' Mailing Address City State Zip Name of Civic Association: /1//,,t-P- Mailing Address City State ~ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an 12N-DIVIDUAL, 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 xPercentage of Ownership ^Pmc^x~oN ~o~ Pm.,c ~.~au~o ~o~ s.~D~ ~zoN~- 0~200oNOV 1 3 2001 . b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name. ~""2,'~',~'t'~--q'and A~ldress, ~,,'6'~ A .~ .,and Office . t~7~,< . Percentage./,~ ~.,~°f Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with lhe percentage of interest. Name and Address l'crccntage of Interest d. 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 e. 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 Percentage of Ownership Date of Contract: A~:'~ tT[.~ NOV 1 3 2001 APPLICATION FOR PUBLIC I:IEARING FOR STANDARD REZOI~E - 0272000 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address /")'/rl g. Date subject property, acquired [--] leased [--] Term of lease yrs./mos. If, Petitioner has option to buy, indicate da:e of option: and date option terminates: ., or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: ,~// Township: F?~/'~ Range: ~ ~:~ Lot: ? Block: ,/~,d~/Subdivision: .~/,~,~/ ~'.~7~ /~/~ ~ Plat Book .~ Page #: Jcl5,/ Property I.D.#: ..~,,~/,~ ~ ~,~:9~9 7 Metes & Bounds Description: 4. Size of property: r/~ O ft. X ,,/o~ ::5" ft. = Total Sq. Ft. //,,,~:~r'& ~_~ Acres__ 5. Address/eeneral location of sub|ect property: NOV 1 3 2091 APPLICATION FOR PUBLIC HE~G FOR ST~D~ ~ZONE - Adjacent zoning and land use: Zoning Land use s £Nf/,o Does the ownc:' of the subject property oxvn 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: 7. Rezone Request: This appli~cation is requesting a rezone from the zoning district (s) to the ,3~'/-7/f (~ zoning district(s). Present Use ofthe Property: ~9,q~c7/' ~/,,~,,Z,,~ ~____~-,~/ Proposed Use (or range of uses) of the property: 8. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support ot ~.~ APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-02/2000 NOV 1 3 2001 RZ-2001-AR-1376 PROJECT #2001080060 .c 33VW~31 *~U~o - q ~ ' - ~ -- d,OO'OOg ' i~i~ ~- ~/~ .o, ~o~ ~o~ .~.~ o o a~OSd~lNn  IN3~DSV3 XgqqV ,0~ ~ ~ - c , ...... ~.~.~.~.~.~.~.~.~.~.~_~.~.~.~.~.~m_~. ,_~_~_~-~-~-~-- 0 0 "'~ ~ .D 5 ~_ F~ EXECUTIVE SUMMARY , CONSIDERATION AND ADOPTION OF A RESOLUTION ESTABLISHING NEW COUNTY COMMISSION DISTRICT BOUNDARIES, PURSUANT TO CHAPTER 124, FLORIDA STATUTES, AND THE FLORIDA CONSTITUTION. Objective: To obtain the Board's approval of a Resolution establishing new county commission district boundaries for the purpose of distributing population among the five commission districts as nearly equal as practicable. Considerations: The Constitution of the State of Florida requires that, after each decennial census, the Board of Commissioners are to divide the county into districts of contiguous territories as nearly equal in population as practicable, with one commissioner residing in each district elected as provided by law. In late March of 2001, the U.S. Census Bureau released Census 2000 Redistricting Data for Collier County, pursuant to Public Law 94-171. It shows the total population for Collier County at 251,377 as of April 1, 2000; therefore, to achieve population equity, each district would have a population of approximately 50,275 persons. The growth experienced in Collier County since the last redistricting in 1995 (population xvas about 183,000) varied significantly among districts. (See Table 1 beloxv.) TABLE 1 BCC District Population in 2000 Ideal Population Deviation District 1 49,840 50,275 0.8% District 2 47,164 50,275 6.1% District 3 57,712 50,275 + 14.7% District 4 40,662 50,275 - 19.1% District 5 55,999 50,275 + 11.3% Total 251,377 Source: Figures extracted from U.S. Census Bureau Census 2000 Redistricting Data (Public Law 94-171). On June 26, 2001, the Board directed staff to redraw the commission districts in order to comply with the one-person one-vote constitutional mandate. The Board specifically approved the following redistricting criteria: (1) the population of each district should be as similar as possible; (2) all districts should be as compact and regularly shaped as feasible; and (3) the incumbent Commissioner's residence must remain in his or her current district. The Board has also expressed desire to achieve uniformity between the district boundaries of the School Board and the County Commission. Additionally, there are other considerations, mostly related to pre-clearance requirements, which must also be taken into account. These include: a) avoid retrogression of minority voting strength; b) maintain communities of interest; c) minimize disruption to former districts; and, d) choose well-defined and easily recognizable boundaries. NOV 13 ZOOl Through a collaborative effort between the Community Development and Environmental Services Division, the County Attorney's Office, the District School Board of Collier County, and the Supervisor of Elections Office, five proposed maps have been prepared, all of which comply with the Board of County Commissioner's directive as well as the additional considerations noted above. The total population in the five commission districts - in their present configuration, and in each of the five proposals - is shown in Table 2, below. TABLE 2 Total Population BCC District Existin[I Pop. Map #1 Pop. Map #2 Pop. Map #3 Pop. Map #4 Pop. Map #5 Pop. 1 49,840 49,840 49,840 50,145 50,229 51,511 2 47,164 50,759 50,759 50,473 49,492 48,t526 3 57,712 50,616 48,313 50,375 50,884 49,576 4 40,662 49,731 52,034 50,341 50,341 50,209 5 55,999 50,431 50,431 50,043 50,431 51,455 Sum 251,377 251,377 251,377 251,377 251,377 251,377 Source: Figures extracted from U.S. Census Bureau, Census 2000 Redistricting Data 'Public Law 94-171). Collier County is a "covered" jurisdiction under the Voting Rights Act of 1965. As such, Collier County must obtain pre-clearance before enforcing any redistricting plan. In order to obtain pre- clearance from the U.S. Department of Justice, the County must demonstrate that the new plan does not result in the retrogression of minority voting strength. This is ascertained by comparing minority population voting strength, as measured by voting age population, under the existing and newly adopted plan (a before and after comparison for all five proposed maps). District 5 has, by far, the greatest minority population in Collier County. Although it does not qualify as a minority-majority district at this time, it is the district that warrants the closest scrutiny for possible retrogression of minority voting strength. As District 5 is presently configured, it has a total voting age population of 39,440, based on the 2000 Census. Of this total voting age population, 2,875 are identified as Black and 14,242 are identified as Hispanic. This means that in District 5, as it is presently configured, Blacks make up 7.3% of the voting age population and Hispanics comprise 36.1% of the voting age population. Lit is important to note that "Hispanic" is an ethnicity, not a race; accordingly, a person may be of any race and also be of Hispanic etlmicity.] As indicated in the attached supporting materials, all five proposed maps result in an increase in these minority populations in District 5; conversely, none of the five proposed maps result in a retrocession of minority voting strength. Staff has held three advertised public meetings to provide the public with an opportunity to review the proposed maps and related material and data, and to ask questions and give comments. The meetings xvere held from 7:00 to 9:00 p.m. on October 22, 2001 at the Golden Gate Community Center (4 persons attended); October 23, 2001 at the County Commission Boardroom (7 persons attended); and, October 24, 2001 at the Immokalee Community Park (12 persons attended). T~vo AGENDA ITEM NOV 13 200i 2 p~. ~ persons attended all three meetings. Many comments were received; some persons identified a map they preferred or disliked. A summary of the most substantive comments is provided below. · The developments/population lying north of Immokalee Road and west of Collier Blvd., are different from the remainder of District 5 and do not belong there. Differences include race, age, income, voter-eligibility, type of community (gated vs. non-gated, golf course vs. non- golf course). It was stated that these differences resulted in the previous two District 5 county commissioners being elected from this area instead of from the Immokalee area. · Everglades City area should not be moved into District 1 (Map #3) - the character and population of that area is dissimilar to Marco Island and East Naples; it is similar to the Immokalee area (income, education, rural character). · The Henderson Creek area (triangle formed by Collier Blvd./U.S. 41/Manatee Rd.) should remain in District 5 - the population and school there is more similar to the Immokalee area. A retrogression analysis should be done for all five districts on all five proposed maps. · An analysis should be done for all five districts on all five proposed maps regarding impact upon the registered voter population, not just voting age population. · Map #4 xvas identified as the preferred map more than any other. Also, questions were asked, and critical comments made, about public notice procedures. Some comments in Immokalee apply to County projects in general, not just redistricting: a) language barrier isn't addressed - most notices are posted in English only; b) time is inadequate - more time is needed to review and offer comment; c) location is inadequate - need to include notice in the local ne~vspaper (Immokalee Bulletin) and recognize that some persons do not read the Naples Daily Nexvs, and need to post notices in high-traffic areas (e.g. post office, certain businesses and institutions - including schools); and, d) communication limitations - need to recognize that the government channel (Channel 54) is not available on the cable television provider in Immokalee. On November 8, a fourth advertised public meeting will be held at the Immokalee Community Park. During the Board's hearing, staffxvill relay public comments received there, as xvell as from the County website, and from any other correspondence and communication otherwise received. On October 15,2001, the Black Affairs Advisory Board reviewed the redistricting maps and data. That Board did not have a quorum present, therefore, could not take a vote on this matter. However, individual members asked questions about: future growth in the County; permanent vs. part-time residents; impact upon minority voting strength of proposed Map #5; and, the role of the School Board in the redistricting process. There was one speaker; he discussed lower voter registration among certain minority populations, the need to consider this in selecting new boundaries, the need to maximize minority-voting strength, and indicated his preference of Map #4 over Map #5. On October 25, the Hispanic Affairs Advisory Board reviewed the redistricting maps and data. Members of that Board asked questions pertaining to: the redistricting process; creation of a District for Immokalee only; and, creation of a District for minority populations only. Members commented NOV 1 3 2001 3 p~. ~ that having the redistricting materials presented to them at their meeting didn't give adequate time to review and digest it; and, the developments lying north oflmmokalee Road and west of Collier Blvd. are different from the remainder of District 5 and should not be included in District 5. Two speakers addressed the Board. One speaker provided similar comments as he made before the Black Affairs Advisory Board, and suggested the Board consider endorsing maps that show District 5 excluding the areas lying north of Immokalee Road and west of Collier Blvd.; the second speaker noted the increase in total Hispanic population but also noted many are not eligible to vote due to residency status; expressed concern about dilution of registered-voter Hispanic population; and, said Map #4 will reduce the number of registered voters in District 3. The Board passed a unanimous motion stating they do not want to see the minority vote diluted, therefore, prefer Maps #1 and #2; and, they do not want District 5 to extend west of Collier Blvd., north oflmmokalee Road. The District School Board of Collier County discussed Redistricting at their October 18, 2001 meeting but took no formal action. The general consensus of the School Board was to support xvhichever map the BCC chooses - though some concern was expressed over Map #3, which incorporates the Everglades City area into District 1 - and to wait until public input is received at the tlu:ee evening meetings, then bring this item back for discussion on November 1. During the BCC hearing, staff will relay the comments received at this November 1 meeting. Fiscal Impact: The cost of publishing the Resolution once a week for two consecutive xveeks in the Naples Daily News, as required by Section 124.02, Florida Statutes. Growth Management Impact: This item has no Growth Management impact. Environmental Issues: Not applicable. Historical/Archaeological Impact: Not applicable. Planning Services Staff Recommendation: That the Board adopt one of the five attached Resolutions establishing new county commission district boundaries, and authorize the County Attorney's Office to pre-clear the nexv district boundaries through the U.S. Department of Justice. EAC Recommendation: Not applicable. CCPC Recommendation: Not applicable. David Weeks, AICP Chief Planner, Comprehensive Planning Section APPROVED BY: ~~~/W~ ~ DATE:I~}~. (~! dm]mstrator Jofi~}' M. Dunnuck Ii)v~i~erim A ' ' Corfimunity Dev. & Environmental Svcs. Ex Sum map adoption F, Redistricting dwi AG~A ITEM Report on the Five (5) ~edistrictin~ Propu~o,.. Collier CounW Board of CounW Commissioners Collier County, Florida October 2001 A~.J~A ITEM NOV 13 2001 Table of Contents Paqe Introduction ............................................................................................. 2 Redistricting Criteria ................................................................................ 2 Methodology ............................................................................................. 3 Pre-clearance Data ..................................................................................... 3 Features .................................................................................................... 4 Strengths .................................................................................................. 5 Critique ..................................................................................................... 6 Retrogression Analysis .............................................................................. 7 Exhibits 2000 Census Tract Hap 2000 Census Tract Population Retrogression Analysis Hap of Existing Districts Proposed Haps #1, #2, #3, #4 #5 General Descriptions of Districts for Haps #1, #2, #3, #4 #5 NOV 13 2001 i P~' ]:ntroduction Collier County has experienced extraordinary growth since the establishment of the present Board of County Commissioner {BCC) Districts in 1995, when the permanent population was 182,823. The present population of Collier County is 251,377, according to the 2000 Census. As one might expect, this population increase was not uniform throughout each district (see Table below). BCC District Population in 2000 Ideal Population Deviation District 1 49.840 50.275 0.8% District 2 47.164 50.275 6.1% District 3 57,712 50,275 + 14.7% District 4 40,662 50,275 - 19.1% District 5 55,999 50,275 + 11.3% Total 251,377 Source: Figures extracted from U.S. Census Bureau, Census 2000 Redistricting Data (Public Law 94-171). As a result of the uneven growth in Collier County, the Collier County Board of County Commissioners directed staff on June 26, 2001, to redraw the commission districts in order to comply with the one-person one-vote constitutional mandate. The Board of County Commissioners specifically approved the following redistricting criteria: (1) The population of each district should be as similar as possible; (2) All districts should be as compact and regularly shaped as feasible; and (3) The incumbent Commissioner's residence must remain in his or her current district. Additionally, though not specifically directed by the BCC, there are additional considerations of a legal nature that must also be taken into account. This report contains a summation of the five (5) proposed plans. Redistrictinq Criteria Each of the five plans attempts to balance the following redistricting criteria: · Create districts that do not exceed a 5% deviation from the ideal district population. · Create compact and contiguous districts that observe well-defined and easily recognizable boundaries. · Protect incumbent commissioners by building each district around the residency of its commissioner. · Minimize disruption to former districts. · Avoid retrogression of minority voting strength. · Maintain communities of interest. NOV I 3 2001 2 · Devise plans whereby uniformity can be achieved between the School Board and the Board of County Commissioners. Methodoloq¥ The first step in creation of all five proposed maps was to plot the residency of each commissioner on the 2000 Census Tract Map for Collier County. The next step was to build each district by incorporating those Census Tracts adjacent to the place of residency, to the extent possible and practical. (See attached Exhibits, 2000 Census Tract Map and Tract Population.) Example: Commissioner Carter, representing District 2, resides in Pelican Bay which lies within Census Tract 102.04. Given his place of residency, the place of residency of the other four Commissioners, and the existing boundaries of District 2, it was only natural that Census Tracts 101.01, 101.02, 101.03, 101.04 and 102.05 be incorporated into his district. Generally, this same process was repeated for all five districts on all five proposed maps. The next step, which was the most challenging, involved expanding or retracting each district as necessary to achieve relative equity in population, while at the same time creating compact and contiguous districts with well-defined boundaries that did not split voting blocks or neighborhoods. Concurrency with the District School Board was another important element that was considered. This was achieved by plotting the residency of each School Board member to ensure that no two members resided in the same district. Collier County is a covered jurisdiction under the Voting Rights Act of 1965. As a covered jurisdiction, Collier County must obtain pre-clearance before enforcing any redistricting plan. In order to obtain pre-clearance from the U.S. Department of 3ustice, the County must demonstrate that the new plan does not result in the retrogression of minority voting strength. This is ascertained by comparing minority voting strength, as measured by voting age population, under the existing and newly adopted plan (i.e., a before and after comparison for all five proposed maps). Pre-clearance District 5 has the greatest minority population in Collier County (See Table 1, below). Although it does not qualify as a majority-minority district at this time, it is the district that warrants the closest scrutiny for possible retrogression of minority voting strength. As District 5 is presently configured, it has a total voting age population of 39,440, based on the 2000 Census. Of this total voting age population, 2,875 are identified as Black and 14,242 are identified as Hispanic. This means that in District 5, as it is presently configured, Blacks make up 7.3% of the voting age population and Hispanics make up 36.1% of the voting age NOV 13 2001 3 population (See Table 1). [It is important to note that "Hispanic" is an ethnicity, not a race; - accordingly, a person may be of any race and also be of Hispanic ethnicity.] Table :!. 2000 Voting Age Population by District Present Configuration District Total Black Hispanic (All) 1 43,038 1,036 (2.4%) 5,141 (11.9%) 2 40,401 257 (0.6%) 2,249 (5.5%) 3 44,153 1,811 (4.1%) 8,238 (18.6%) 4 34,404 1,333 (3.8%) 3,685 (10.7%) 5 39,440 2,875 (7.3%) 14,242 (36.1%) Total 201,436 7,312 (3.6%) 33,555 (16.6%) Source: Figures extracted from U.S. Census Bureau, Census 2000 Redistricting Data (Public Law 94-171). ANALYSIS OF EACH OF THE PROPOSED MAPS Features -- MAP #:~: District 1 remains the same. Collier Boulevard is the main feature as it forms the divider between the more rural District 5 and the more urbanized Districts 1-4 in the greater Naples area. MAP #2-' District 1 remains the same. Collier Boulevard is the main feature as it forms the divider between the more rural District 5 and the more urbanized Districts 1-4 in the greater Naples area. MAP #3: Host of the population in the coastal area south of US-41 is included in District 1. Portions of the Livingston Road corridor form a north-south line parallel to Collier Boulevard. MAP #4: The main feature of this plan is the elongated shape of District 3 - extending from the Lee County line to below Davis Boulevard, and from [-75 and the Livingston Road corridor to Collier Boulevard. Also, Collier Boulevard forms the divider between the more rural District 5 and the more urbanized Districts 1-4 in the greater Naples area. MAP #5: Districts I and 5 remain nearly identical in configuration to their existing boundaries. Districts 2, 3 and 4, while maintaining their core Census Tracts.. and most of their existing boundaries, are now neatly realigned along the FPL transmission line adjacent to the NOV 13 2001 existing and future Livingston Road. This north-south line, parallel to Collier Boulevard, is the distinguishing feature of this plan. Strengths All five plans accomplish the Board's directives regarding population equity and respecting the residency of each commissioner. All five plans accomplish the Board's directive regarding the creation of compact districts with regularly shaped boundaries, though to varying degrees. MAP #:L: District ! remains completely the same. The population lying north of ]:mmokalee Road and west of Collier Blvd. - a significant portion of which is within country club developments - is shifted out of District 5, which is comprised of a mostly rural population. All of the City of Naples, and most of the Naples water and sewer service area, is included in District 4. The School Board and County Commission district boundaries are aligned. MAP #2: District 1 remains completely the same. The population lying north of Immokalee Road and west of Collier Blvd. - a significant portion of which is within country club developments - is shifted out of District 5, which is comprised of a mostly rural population. All of the City of Naples, and most of the Naples water and sewer service area, is included in District 4. The School Board and County Commission district boundaries are aligned. MAP #3: Of the five proposed maps, the population is most evenly distributed on this map. This map shifts the communities of Everglades City, Plantation Island and Chokoloskee from District 5 into District ! - these three communities have some characteristics similar to Goodland that also lies in District l. All of the City of Naples, and most of the Naples water and sewer service area, is included in District 4. The School Board and County Commission district boundaries are aligned. MAP #4: All of the City of Naples, and most of the Naples water and sewer service area, is included in District 4. The population lying north of ]:mmokalee Road and west of Collier Blvd. - a significant portion of which is within country club developments - is shifted out of District 5, which is comprised of a mostly rural population. The School Board and County Commission district boundaries are aligned. MAP #S: By using the FPL transmission line adjacent to the existing and future Livingston Road as a major boundary, this plan creates highly compact and geometrically neat districts with well-defined and well-recognized boundaries that follow major features. This plan avoids dividing neighborhoods, utilizing minor features and creating numerous irregular boundaries. At the same time, the boundaries of the current districts were respected where practicable. All of the City of Naples, and most of the Naples water and sewer service area, is included in District 4. The School Board and County Commission district boundaries are aligned. NOV 13 2001 Critique t4AP #:!..' There are several jogs and turns in the boundary between Districts ;)/3 and between Districts 4/3. The common boundary between Districts 4/3 runs through Coconut Creek and Coconut Grove neighborhoods dividing each between two different Commission Districts. MAP #2: There are a few jogs and turns in the boundary between Districts 2-3 and between Districts 4-3. The deviation between highest and lowest District population is the greatest on this map out of all five maps. MAP #3: First, this map shifts the communities of Everglades City, Plantation Tsland and Chokoloskee from District 5 to District 1. Arguably, these communities are dissimilar to many of the communities found in District :L, such as Narco Island and Lely Resort, and, therefore, belong in District 5, which has :[mmokalee. At least in recent history, those three coastal communities have been located within District 5. Second, the property located in Census Tract 112.01, that area north of :[mmokalee Rd. and west of Collier Blvd., has been developed into communities that are substantially different from the rest of District 5. These gated communities tend to be more affluent and contain fewer minorities than the rest of the district. However, it should be noted, as a practical matter, that no district is perfectly homogeneous. Tn addition, District 5, as it is presently configured, includes al~of Census Tract 112.01. This plan shifts to District 2 that portion of Census Tract 112.01 west of T-75. More importantly, the minority voting age population is greater under this plan than under the present configuration for District 5. MAP #4: The common boundary between Districts 3/1 contains several jogs; some of these do not follow recognizable features, e.g. the north line of Section 16, Township 50 South, Range 26 East, and the east side of Wing South Airstrip. MAP #5: This map has the same criticism as Map #3 concerning those gated communities located in Census Tract 112.01. Retroqression Analysis,, As noted earlier in this report, only District 5 warrants a retrogression analysis as it has, by far, the largest minority population. In the present District 5, the Black population comprises 7.3% of the voting age population, and the Hispanic population comprises 36.1% of the voting age population. As indicated in the attached Retrogression Analysis, all five proposed maps result in an/ncrease in these minority populations in District 5; conversely, none of the five proposed maps result in a retrogression of minority voting strength. Redistricting Report to BCC2 F, Redistricting TD/dw Oct. 2001 AGEt, E)A.L..TEM NOV 13 2001 COLLIER COUNTY, FLORIDA ~ 2000 CENSUS TRACTS ~1~ 114 112.01 101.03 ..... 112.02 104.12 164.07 ....... : ,,- 1B4.14 ~. 104.08 104.13 105.0~,~ 106.1 Tract~ 2000 Census Tract 2000 Total Population 1 3,649 2 2,199 3.01 3,532 3.02 1,631 4 4,717 5 1,813 1,483 1,292 101.01 6,802 101.02 3,542 101.03 6,337 101.04 7,194 102.02 8,106 102.03 5,283 102.04 7,383 102.05 2,355 103 4,235 104.01 3,713 104.05 5,802 104.06 7,007 104.071 6,926 104.08 3,147 104.09 8,380 104.10 6,469 104.11 6,102 104.12 6,697 104.13 3,336 104.14 6,656 105.02 7,028 105.03 7,230 105.04 6,464 106.01 2,601 106.02 3,359 106.03 5,699 106.04 3,757 107.01 4,807 107.02 4,162 108.01 3,857 108.02 6,612 108.03 3,458 109.01 4,048 109.02 3,377 109.03 4,090 110 3,698 111.01 5,887 111.02 4,213 112.01 3,384 112.02 5,790 112.04 4,623 I 12.05 3,464 113 9,430 114 4,551 COUNTYWIDE 251,377 Nol¢ from Census Bureau: "Data no~ adjusts{ based on the Accuracy and Coveru&e Evaluation.' {k~ ~ ~ Source: U.S. Census Bureau. Census 2000 Redistricting Data (Public Law 94.171) Summary File. Matrices PLI, PL2. PL3. and PLA. L-~' NOV 1 3 2001 G. Comprehensive, 2000 Census %~________~ dw/ April 2001 Tract population Retroqression Analysis Maps #1, #2 & #4 Table 1 2000 Voting Age Population in District 5 Maps #1, #2 & #4 Census Tract No. Total Population Black Hispanic (All) 104.12 4,704 133 813 104.13 2,381 39 505 104.14 4,598 69 862 111.01 (portion) 1,594 2 106 111.02 3,437 105 729 112.02 3,877 126 1,012 112.04 3,276 1,170 1,790 112.05 2,047 724 1,128 113 5,997 319 4,731 114 3,023 167 2,382 Total 34,934 2,854 (8.2%) 14,058 (40.2%) Source: Figures extracted from U.S. Census Bureau, Census 2000 Redistricting Data (Public Law 94-171). Table 2 2000 Voting Age Population Comparison District 5 Present Configuration vs. Proposed District (Maps #1, #2 & #4) Plan Total Black Hispanic (All) Present District 5 39,440 2,875 (7.3%) 14,242 (36.1%) Proposed District 5 34,934 2,854 (8.2%) 14,058 (40.2%) Change + 0.9% + 4.1% Source: Figures extracted from U.S. Census Bureau, Census 2000 Redistricting Data (Public Law 94-171). NOTE: "Hispanic" is an ethnicity, not a race; accordingly, a person may be of any race and also be of Hispanic ethnicity. .~,.,~--~--=~.~ NOV 13 2001 Retrogression Analysis Map #3 Table 1 2000 Voting Age Population in District 5 Map #3 Census Tract No. Total Population Black Hispanic (All) 104.12 4,704 133 813 104.13 2,381 39 505 104.14 4,598 69 862 111.02 (portion) 2,177 102 702 112.02 3,877 126 1,012 112.04 3,276 1,170 1,790 112.05 2,047 724 1,128 113 5,997 319 4,731 114 3,023 167 2,382 Total 32,080 2,849 (8.9O/o) 13,925 (43.4O/o) Source: Figures extracted from U.S. Census Bureau, Census 2000 Redistricting Data (Public Law 94-171). Table 2 2000 Voting Age Population Comparison District 5 Present Configuration vs. Proposed District (Map #3) Plan Total Black Hispanic (All) Present District 5 39,440 2,875 (7.3%) 14,242 (36.1%) Proposed District 5 32,080 2,849 (8.9%) 13,925 (43.4%) Change + 1.6% + 7.3% Source: Figures extracted from U.S. Census Bureau, Census 2000 Redistricting Data (Public Law 94-171). NOTE: "Hispanic" is an ethnicity, not a race; accordingly, a person may be of any race and also be of Hispanic ethnicity. NOV 13 2001 Retroqression Analysis Map #5 Table 1 2000 Voting Age Population in District 5 Map #5 Census Tract No. Total Population Black Hispanic (All) 104.12 4,704 133 813 104.13 2,381 39 505 104.14 4,598 69 862 111.02 3,437 105 729 112.01 2,327 13 76 (east of 1-75) 112.02 3,877 126 1,012 112.04 3,276 1,170 1,790 112.05 2,047 724 1,128 113 5,997 319 4,731 114 3,023 167 2,382 Total 35,667 2,865 (8.0%) 14,028 (39.3%) Source: Figures extracted from U.S. Census Bureau, Census 2000 Redistricting Data (Public Law 94-171). Table 2 2000 Voting Age Population Comparison District 5 Present Configuration vs. Proposed District (Map #5) Plan Total Black Hispanic (Ali) Present District 5 39,440 2,875 (7.3%) 14,242 (36.1%) Proposed District 5 35,667 2,865 (8.0%) 13,349 (39.3%) Change + 0.7% + 3.2% Source: Figures extracted from U.S. Census Bureau, Census 2000 Redistricting Data (Public Law 94-171). NOTE: "Hispanic" is an ethnicity, not a race; accordingly, ~ a person may be of any race and also be of Hispanic ethnicity, h~ ~ NOV 13 2001 ...J "='o ° o, l, lOV 13 2001 RESOLUTION NO. 2001- __ A RESOLUTION REPEALING ALL PRIOR COUNTY COMMISSION DISTRICT BOUNDARIES AND ESTABLISHING NEW COUNTY COMMISSION DISTRICT BOUNDARIES IN ACCORDANCE WITH CHAPTER 124, FLORIDA STATUTES AND THE FLORIDA CONSTITUTION. WHEREAS, Article VIII, Section l(e), F/or/da Constitution, provides that after each decennial census the Board of Commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable; and WHEREAS, Chapter 124, F/or/da Statutes, requires that commission district boundaries be as nearly equal in population as practicable; and WHEREAS, the County Staff was directed by the Board of County Commissioners on .lune 26, 2001, to reapportion the Commission District boundaries so that the population of each commission district be as similar as possible, that commission districts be as compact and regularly shaped as feasible, and that each commissioner will remain in his or her current district; and WHEREAS, the County Staff presented the proposed redistricting al: the Black Affairs Advisory Board meeting on October 15, 2001, and the Hispanic Affairs Advisory Board on October 25, 2001, both of which were advertised public meetings for the purpose of receiving comments from the public and to encourage public participation in the redistricting process; and WHEREAS, the County Staff has held advertised public meetings on October 22, 2001, at the Golden Gate Community Center, October 23, 2001, at the Collier County Commission Chambers, and October 24, 2001, and November 8, 2001, at the Immokalee Community Park, to receive comments from the public and encourage public participation in the redistricting process; and WHEREAS, advertised public notice has been provided regarding the redistricting of the County Commission district boundaries. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY NOV 13 2001 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I~. ~5 !) Pursuant to the authority of Chapter 124, Florida Statutes, and Article VIII, Section l(e), Florida Constitution, all prior County Commission District boundaries in Collier County as adopted by Resolution No. 95- 290 are hereby repealed and the new boundaries are hereby established to encompass the areas described below: See attached Exhibit A, incorporated by reference herein. 2) Pursuant to Section 124.02, Florida Statutes, the Clerk is hereby directed to enter this Resolution upon the minutes and a certified copy of this Resolution shall be published at least once each week for two (2) consecutive weeks in the Naples Daily News. This Resolution adopted after motion, second and majority vote. Dated this __day of ., 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: .lames D. Carter, PhD., Chairman Approved as to form and legal sufficiency: D;~,id C. Weigel, Coun~ Att~ey ~A ITEM NOV 1 3 2001 EXHZBZl' "A' General Descriptions~ MAP #1 District I - Begin at the intersection of the eastern shoreline of the Gulf of Mexico and the north line of Section 34, Township 50 South, Range 25 East, Collier County, Florida; thence along the north line of said Section 34 (also being the southern boundary of the city of Naples), easterly to the center of Dollar Bay; thence along the center of Dollar Bay, southeasterly to the center of the Lely Out-fall Canal; thence along the center of the Lely Outfall Canal, northeasterly to the center of Highway U.S. 41; thence along the center of said highway, northwesterly to the center of Airport-Pulling Road; thence along the center of said road, northerly to the center of Davis Boulevard; thence along the center of Davis Boulevard, easterly to the center of County Road 951; thence along the center of County Road 951, southerly to Highway U.S. 41; thence along the center of State Road 951, southerly to the center of Manatee Road; thence along the center of Manatee Road, easterly to the center of Highway U.S. 41; thence along the center of said highway, southeasterly to the center of County Road 92; thence along said road, southwesterly to the center of the Marco River; thence along the center of the Marco River, easterly and southerly to a point that is 3,500 feet south of the Coon Key Light; thence southwesterly to the southern most point of Cape Romano; thence along the eastern shoreline of the Gulf of Mexico, northwesterly to the Point of Beginning. District 2 - Begin at the intersection of the eastern shoreline of the Gulf of Mexico and the north section line of Section 6, Township 48 South, Range 25 East, Collier County, Florida; thence along the north line of Sections 6 and 5 of said Township and Range (also being the Lee County-Collier County boundary line), easterly to the center of County Road 901 (Vanderbilt Drive); thence along the center of said road, southerly to the northwest corner of Section 9 of said Township and Range; thence along the northern boundary of Collier County, easterly to the northeast corner of Section 10, Township 48 South, Range 26 East; thence along the east line of Sections 10, 15 and 22 of said Township and Range, southerly to the center of County Road 846 (:[mmokalee Road); thence along the center of County Road 846, westerly to the eastern boundary of Regent Park PUD; thence along said eastern boundary of Regent Park PUD, southerly to the northeast corner of Four Seasons subdivision; thence along the east boundary of Four Seasons subdivision, southerly to the south line of Section 25, Township 48 South, Range 25 East, also being the north boundary of Pelican Harsh PUD; thence along the south line of Section 25 of said Township and Range, westerly to the center of County Road 3! (Airport-Pulling Road); thence along the center of County Road 31, southerly to the center of County Road 862 (Vanderbilt Beach Road); thence along the center of County Road 862, easterly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of said FPL transmission line, southerly to the center of County Road 896 (Pine Ridge Road); thence along the center of County Road 896, westerly to the center of Highway U.S. 41; thence along the center of Seagate Drive, westerly to the west shoreline of Clam Bay; thence along said west shoreline, northerly and westerly to the easterly shoreline of the Gulf of Mexico; thence along the easterly shoreline of the Gulf of Mexico, northerly to the Point of Beginning. District 3 - Begin at the intersection of the northeast corner of the Regent Park PUD and County Road 846 (:[mmokalee Road), Collier County, Florida; thence along the center of County Road 846, easterly to the center of County Road 951 (Collier Boulevard; thence along the center of County Road 951, southerly to the intersection of State Road 84 (Davis Boulevard); thence along the center of State Road 84, westerly to the center of Lakewood Boulevard; thence along the center of Lakewood Boulevard, northerly to the center of Estey Avenue; thence along the center of Estey Avenue, westerly to the center of Guava Drive; thence along the center of Guava Drive, northerly to the center of Coconut Circle South; thence along the center of Coconut Circle South, westerly to the center of Coconut Circle West; thence along the center of Coconut Circle West, northerly to the center of North Road; thence along the center of North Road, easterly to the center of Donna Street; thence along the center of Donna Street, northerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, easterly to the center of San Marcos Boulevard; thence along the center of San Marcos Boulevard, northerly to the center of the Golden Gate Canal; thence along the center of the Golden Gate Canal, easterly to the center of Interstate 75 (:[-75); thence along the center of 1-75, northerly to the center of Golden Gate Parkway; thence along the center of Golden Gate Parkway, westerly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of said FPL transmission line, northerly to the north line of Section 24, Township 49 South, Range 25 East; thence along the north line of Section 24 of said Township and Range, easterly to the northwest corner of Section 19, Township 49 South, Range 26 East; thence along the north line of Section 19 of said Township and Range, easterly to the center of 1-75; thence along the center of 1-75, northerly to the center of County Road 896 (Pine Ridge Road); thence along the center of County Road 896, westerly to the center of the FPL NOV 13 2001 transmission line; thence along the center of said FPL transmission line, northerly to the center of County Road 862 (Vanderbilt Beach Road); thence along the center of County Road 862, westerly to the center of County Road 31 (Airport-Pulling Road); thence along the center of County Road 31, northerly to the south line of Section 25, Township 48 South, Range 25 East, also being the north boundary of Pelican Marsh PUD; thence along the south line of Section 25 of said Township and Range, easterly to the eastern boundary of Four Seasons subdivision; thence along said eastern boundary of Four Seasons subdivision, northerly to the southeast corner of the Regent Park PUD; thence along the east boundary of the Regent Park PUD, northerly to the Point of Beginning. District 4 - Begin at the intersection of the easterly shoreline of the Gulf of Mexico and the south shoreline of Clam Pass, Collier County, Florida; thence along the southerly and westerly shoreline of Clam Pass and Clam Bay, easterly and southerly to a point on the west shoreline of Clam Bay in alignment with an imaginary westerly extension of Seagate Drive; thence along said imaginary extension, easterly to the center of the western terminus of Seagate Drive; thence along the center of Seagate Drive, easterly to the intersection of Highway U.S. 41; thence along the center of County Road 896 (Pine Ridge Road), easterly to the center of interstate 75 (I-75); thence along the center of 1-75, southerly to the center of the Green Canal; thence along the center of the Green Canal, westerly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of the FPL transmission line, southerly to the center of Golden Gate Parkway; thence along the center of Golden Gate Parkway, easterly to the center of 1-75; thence along the center of 1-75, southeasterly to the center of the Golden Gate Canal; thence along the center of the Golden Gate Canal, westerly to the center of San Marcos Boulevard; thence along the center of San Marcos Boulevard, southerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, westerly to the center Donna Street; thence along the center of Donna Street, southerly to the center of North Road; thence along the center of North Road, westerly to the center of Coconut Circle West; thence along the center of Coconut Circle West, southerly to the center of Coconut Circle South; thence along the center of Coconut Circle South, easterly to the center of Guava Drive; thence along the center of Guava Drive, southerly to the center of Estey Avenue; thence along the center of Estey Avenue, easterly to the center of Lakewood Boulevard; thence along the center of Lakewood Boulevard, southerly to the center of State Road 84 (Davis Boulevard); thence along the center of State Road 84, westerly to the center of County Road 31 (Airport-Pulling Road); thence along the center of County Road 31, southerly to Highway U.S. 41 (Tamiami Trail); thence along the center of said highway, southeasterly to the center of the Lely Outfall Canal; thence along the center of the Lely Outfall Canal, southwesterly to the center of Dollar Bay; thence along the center of Dollar Bay, northwesterly to the north line of Section 34, Township 50 South, Range 25 East; thence along the north line of said Section 34 (also being the south boundary of the City of Naples), westerly to the eastern shoreline of the Gulf of Mexico; thence along said shoreline, northerly to the Point of Beginning. District 5 - Begin at the northeast corner of Section 10, Township 48 South, Range 26 East, also being a point on the Lee County-Collier County boundary, Collier County, Florida; thence along said Lee County-Collier County boundary, easterly to the point where said boundary line turns and goes north; thence continue along said Lee County-Collier County boundary line, northerly until said boundary line turns and goes east; thence continue along said Lee County- Collier County boundary line, easterly to the point where said boundary line turns north; thence along said boundary line, northerly to the point where the Collier County-Lee County boundary line meets the Collier County-Hendry County boundary line; thence along the Collier County-Hendry County boundary line, easterly to the point where said boundary turns south; thence along said boundary line, southerly to the point where said boundary turns east; thence along said boundary, easterly to the point where said boundary line meets the Collier County-Broward County boundary line; thence along the Collier County-Broward County boundary line, southerly to the point where the Collier County-Miami-Dade boundary line begins; thence along the Collier County-Miami-Dade boundary line, southerly to the point where the Collier County-Monroe County boundary line begins; thence along the Collier County-Monroe County boundary line, westerly to the western end of the Collier County-Monroe County boundary line; thence along a westerly prolongation of the Collier County-Monroe County boundary line, westerly to a point in the Marco River that is south of a point 3,500 feet south of the Coon Key Light; thence northerly to said point lying 3,500 feet south of the Coon Key Light; thence along the center of the Marco River, northerly and westerly to the center of County Road 92 (San Marco Road); thence along the center of said road, northerly and easterly to the center of Highway U.S. 41 (Tamiami Trail); thence along the center of U.S. 41, northwesterly to the center of Manatee Road; thence along the center of Manatee Road, westerly to the intersection of State Road 951 (Collier Boulevard); thence along the center of State Road 951, northerly to the intersection of Highway U.S. 41; thence along the center of County Road 951, northerly to the center of County Road 846 (:[mmokalee Road); thence along the east line of Sections 22, 15, and :~0, Township 48 South, Range 26 East, northerly to the Point of Beginning. NOV 13 2001 EXHZBIT "A' General Descriptions~ MAP #2 District :!. - Begin at the intersection of the eastern shoreline of the Gulf of Nexico and the north line of Section 34, Township 50 South, Range 25 East, Collier County, Florida; thence along the north line of said Section 34 (also being the southern boundary of the city of Naples), easterly to the center of Dollar Bay; thence along the center of Dollar Bay, southeasterly to the center of the Lely Outfall Canal; thence along the center of the Lely Outfall Canal, northeasterly to the center of Highway U.S. 4:1; thence along the center of said highway, northwesterly to the center of Airport-Pulling Road; thence along the center of said road, northerly to the center of Davis Boulevard; thence along the center of Davis Boulevard, easterly to the center of County Road 95:[; thence along the center of County Road 95:1, southerly to Highway U.S. 41; thence along the center of State Road 95:1, southerly to the center of rvlanatee Road; thence along the center of Manatee Road, easterly to the center of Highway U.S. 4:1; thence along the center of said highway, southeasterly to the center of County Road 92; thence along said road, southwesterly to the center of the Narco River; thence along the center of the Narco River, easterly and southerly to a point that is 3,500 feet south of the Coon Key Light; thence southwesterly to the southern most point of Cape Romano; thence along the eastern shoreline of the Gulf of Nexico, northwesterly to the Point of Beginning. District 2 - Begin at the intersection of the eastern shoreline of the Gulf of Mexico and the north section line of Section 6, Township 48 South, Range 25 East, Collier County, Florida; thence along the north line of Sections 6 and 5 of said Township and Range (also being the Lee County-Collier County boundary line), easterly to the center of County Road 90:1 (Vanderbilt Drive); thence along the center of said road, southerly to the northwest corner of Section 9 of said Township and Range; thence along the northern boundary of Collier County, easterly to the northeast corner of Section :10, Township 48 South, Range 26 East; thence along the east line of Sections :10, 15 and 22 of said Township and Range, southerly to the center of County Road 846 ([mmokalee Road); thence along the center of County Road 846, westerly to the eastern boundary of Regent Park PUD; thence along said eastern boundary of Regent Park PUD, southerly to the northeast corner of Four Seasons subdivision; thence along the east boundary of Four Seasons subdivision, southerly to the south line of Section 25, Township 48 South, Range 25 East, also being the north boundary of Pelican Narsh PUD; thence along the south line of Section 25 of said Township and Range, westerly to the center of County Road 3:1 (Airport-Pulling Road); thence along the center of County Road 3:1, southerly to the center of County Road 862 (Vanderbilt Beach Road); thence along the center of County Road 862, easterly to the center of the Florida Pcv,'er and Light (FPL) transmission line; thence along the center of said FPL transmission line, southerly to the center of County Road 896 (Pine Ridge Road); thence along the center of County Road 896, westerly to the center of Highway U.S. 41; thence along the center of Seagate Drive, westerly to the west shoreline of Clam Bay; thence along said west shoreline, northerly and westerly to the easterly shoreline of the Gulf of Mexico; thence along the easterly shoreline of the Gulf of Mexico, northerly to the Point of Beginning. District 3 - Begin at the intersection of the northeast corner of the Regent Park PUD and County Road 846 ([mmokalee Road), Collier County, Florida; thence along the center of County Road 846, easterly to the center of County Road 95:[ (Collier Boulevard; thence along the center of County Road 951, southerly to the intersection of State Road 84 (Davis Boulevard); thence along the center of State Road 84, westerly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of said FPL transmission line, northerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, easterly to the center of San Harcos Boulevard; thence along the center of San Narcos Boulevard, northerly to the center of the Golden Gate Canal; thence along the center of the Golden Gate Canal, easterly to the center of interstate 75 ([-75); thence along the center of [-75, northerly to the center of Golden Gate Parkway; thence along the center of Golden Gate Parkway, westerly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of said FPL transmission line, northerly to the north line of Section 24, Township 49 South, Range 25 East; thence along the north line of Section 24 of said Township and Range, easterly to the northwest corner of Section :19, Township 49 South, Range 26 East; thence along the north line of Section ].9 of said Township and Range, easterly to the center of [-75; thence along the center of [-75, northerly to the center of County Road 896 (Pine Ridge Road); thence along the center of County Road 896, westerly to the center of the FPL transmission line; thence along the center of said FPL transmission line, northerly to the center of County Road 862 (Vanderbilt Beach Road); thence along the center of County Road 862, westerly to the center of County Road 3:1 (Airport-Pulling Road); thence along the center of County Road 3:1, northerly to the south line of Section 25, Township 48 South, Range 25 East, also being the north boundary of Pelican Harsh PUD; thence along the south line of Section 25 of said Township and Range, easterly to the eastern boundary of Four Seasons subdivision; thence along said eastern NOV 13 2001 boundary of Four Seasons subdivision, northerly to the southeast comer of the Regent Park PUD; thence along the east boundary of the Regent Park PUD, northerly to the Point of Beginning. District 4 - Begin at the intersection of the easterly shoreline of the Gulf of Mexico and the south shoreline of Clam Pass, Collier County, Florida; thence along the southerly and westerly shoreline of Clam Pass and Clam Bay, easterly and southerly to a point on the west shoreline of Clam Bay in alignment with an imaginary westerly extension of Seagate Drive; thence along said imaginary extension, easterly to the center of the western terminus of Seagate Drive; thence along the center of Seagate Drive, easterly to the intersection of Highway U.S. 41; thence along the center of County Road 896 (Pine Ridge Road), easterly to the center of i[nterstate 75 (~[-75); thence along the center of ~[-75, southerly to the center of the Green Canal; thence along the center of the Green Canal, westerly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of the FPL transmission line, southerly to the center of Golden Gate Parkway; thence along the center of Golden Gate Parkway, easterly to the center of 1-75; thence along the center of 1-75, southeasterly to the center of the Golden Gate Canal; thence along the center of the Golden Gate Canal, westerly to the center of San Marcos Boulevard; thence along the center of San Marcos Boulevard, southerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, westerly to the center of the FPL transmission line; thence along the center of the FPL transmission line, southerly to the center of State Road 84 (Davis Boulevard); thence along the center of State Road 84, westerly to the center of County Road 31 (Airport-Pulling Road); thence along the center of County Road 3:~, southerly to Highway U.S. 4! (Tamiami Trail); thence along the center of said highway, southeasterly to the center of the Lely Outfall Canal; thence along the center of the Lely Out-fall Canal, southwesterly to the center of Dollar Bay; thence along the center of Dollar Bay, northwesterly to the north line of Section 34, Township 50 South, Range 25 East; thence along the north line of said Section 34 (also being the south boundary of the City of Naples), westerly to the eastern shoreline of the Gulf of Mexico; thence along said shoreline, northerly to the Point of Beginning. District ~i - Begin at the northeast corner of Section 10, Township 48 South, Range 26 East, also being a point on the Lee County-Collier County boundary, Collier County, Florida; thence along said Lee County-Collier County boundary, easterly to the point where said boundary line turns and goes north; thence continue along said Lee County-Collier County boundary line, northerly until said boundary line turns and goes east; thence continue along said Lee County- Collier County boundary line, easterly to the point where said boundary line turns north; thence along said boundary line, northerly to the point where the Collier County-Lee County boundary line meets the Collier County-Hendry County boundary line; thence along the Collier County-Hendry County boundary line, easterly to the point where said boundary turns south; thence along said boundary line, southerly to the point where said boundary turns east; thence along said boundary, easterly to the point where said boundary line meets the Collier County-Broward County boundary line; thence along the Collier County-Broward County boundary line, southerly to the point where the Collier County-Miami-Dade boundary line begins; thence along the Collier County-Miami-Dade boundary line, southerly to the point where the Collier County-Monroe County boundary line begins; thence along the Collier County-Monroe County boundary line, westerly to the western end of the Collier County-Monroe County boundary line; thence along a westerly prolongation of the Collier County-Monroe County boundary line, westerly to a point in the Marco River that is south of a point 3,500 feet south of the Coon Key Light; thence northerly to said point lying 3,500 feet south of the Coon Key Light; thence along the center of the Marco River, northerly and westerly to the center of County Road 92 (San Marco Road); thence along the center of said road, northerly and easterly to the center of Highway U.S. 4! (Tamiami Trail); thence along the center of U.S. 4!, northwesterly to the center of Manatee Road; thence along the center of Manatee Road, westerly to the intersection of State Road 951 (Collier Boulevard); thence along the center of State Road 95!, northerly to the intersection of Highway U.S. 4J.; thence along the center of County Road 951, northerly to the center of County Road 846 (~[mmokalee Road); thence along the east line of Sections 22, 15, and 10, Township 48 South, Range 26 East, northerly to the Point of Beginning. ^ NOV 1 3 2001 EXHIBll' "A' General Descriotions, MAP #3 District [ - Begin at the intersection of the eastern shoreline of the Gulf of Mexico and the north line of Section 34, Township 50 South, Range 25 East, Collier County, Florida; thence along the north line of said Section 34 (also being the southern boundary of the city of Naples), easterly to the center of Dollar Bay; thence along the center of Dollar Bay, southeasterly to the center of the Lely Outfall Canal; thence along the center of the Lely Outfall Canal, northeasterly to the center of Highway U.S. 41; thence along the center of said highway, northwesterly to the center of Davis Boulevard; thence along the center of Davis Boulevard, easterly to the center of County Barn Road; thence along the center of County Barn Road, southerly to the center of County Road 864; thence along the center of County Road 864, easterly to the center of County Road 951; thence along the center of County Road 951, southerly to the center of Highway U.S. 41; thence along the center of said highway, southeasterly to the center of County Road 29; thence along the center of said road, southerly to the north line of Section 1::[, Township 53 South, Range 29 East; thence along the north line of said Section 11, easterly to the northwest corner of Section 12, Township 53 South, Range 29 East; thence along the north line of said Section 12, easterly to the northwest corner of Section 7, Township 53 South, Range 30 East; thence along the north line of said Section 7, easterly to the northeast corner of Section 7; thence southerly along the east line of said Section 7 and continuing southerly along the east line of Sections 18, 19, 30, and 31, Township 53 South, Range 30 East, to the Gulf of Mexico; thence along the eastern shoreline of the Gulf of Mexico, westerly and northwesterly to the Point of Beginning. District 2 - Begin at the intersection of the eastern shoreline of the Gulf of Mexico and the north section line of Section 6, Township 48 South, Range 25 East, Collier County, Florida; thence along the north line of Sections 6 and 5 of said Township and Range (also being the Lee County-Collier County boundary line), easterly to the center of County Road 901 (Vanderbilt Drive); thence along the center of said road, southerly to the northwest corner of Section 9 of said Township and Range; thence along the northern boundary of Collier County, easterly to the center of Interstate 75 (I- 75); thence along the center of said 1-75, southerly to the center of County Road 846 (Immokalee Road); thence along the center of County Road 846, easterly to the east line of Section 29, Township 48 South, Range 26 East; thence along the east line of Sections 29 and 32 of said Township and Range, southerly to the center of County Road 862 (Vanderbilt Beach Road); thence along the center of County Road 862, westerly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of said FPL transmission line, southerly to the center of County Road 896 (Pine Ridge Road); thence along the center of County Road 896, westerly to the center of Highway U.S. 41; thence along the center of Seagate Drive, westerly to the west shoreline of Clam Bay; thence along said west shoreline, northerly and westerly to the easterly shoreline of the Gulf of Mexico; thence along the easterly shoreline of the Gulf of Mexico, northerly to the Point of Beginning. District 3 - Begin at the intersection of the east line of Section 29, Township 48 South, Range 26, and County Road 846 (Immokalee Road), Collier County, Florida; thence along the center of County Road 846, easterly to the intersection of County Road 951 (Collier Boulevard); thence along the center of County Road 951, southerly to the intersection of County Road 864 (Rattlesnake Hammock Road); thence along the center of County Road 864, westerly to the center of County Barn Road; thence along the center of County Barn Road, northerly to the center of State Road 84 (Davis Boulevard); thence along the center of State Road 84, westerly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of said FPL transmission line, northerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, easterly to the center of San Marcos Boulevard; thence along the center of San Marcos Boulevard, northerly to the center of the Golden Gate Canal; thence along the center of the Golden Gate Canal, westerly to the center of the FPL transmission line; thence along the center of said FPL transmission line, northerly to the center of County Road 862 (Vanderbilt Beach Road); thence along the center of County Road 862, easterly to east line of Section 32, Township 48 South, Range 26 East; thence along the east line of Sections 32 and 29 of said Township and Range, northerly to the Point of Beginning. District 4 - Begin at the intersection of the easterly shoreline of the Gulf of Mexico and the south shoreline of Clam Pass, Collier County, Florida; thence along the southerly and westerly shoreline of Clam Pass and Clam Bay, easterly and southerly to a point on the west shoreline of Clam Bay in alignment with an imaginary westerly extension of Seagate Drive; thence along said imaginary extension, easterly to the center of the western terminus of Seagate Drive; thence along the center of Seagate Drive, easterly to the intersection of Highway U.S. 41; thence along the center of County NOV 1 3 2001 Road 896 (Pine Ridge Road), easterly to the center of the Florida Power & Light (FPL) transmission line; thence along the center of said FPL t~ansmission line, southerly to the Golden Gate Canal; thence along the center of the Golden Gate Canal, easterly to the center of San Marcos Boulevard; thence along the center of San Narcos Boulevard, southerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, westerly to the center of the FPL transmission line; thence along the center of the FPL transmission line, southerly to the center of State Road 84 {Davis Boulevard); thence along the center of State Road 84, westerly to the intersection of Highway U.S. 41 {Tamiami Trail); thence along the center of said highway, southeasterly to the center of the Lely Outfall Canal; thence along the center of the Lely Outfall Canal, southwesterly to the center of Dollar Bay; thence along the center of Dollar Bay, northwesterly to the north line of Section 34, Township 50 South, Range 25 East; thence along the north line of said Section 34 (also being the south boundary of the City of Naples), westerly to the eastern shoreline of the Gulf of Nexico; thence along said shoreline, northerly to the Point of Beginning. District 5 - Begin at the center of Interstate 75 (I-75) at the Lee County-Collier County boundary, Collier County, Florida; thence along said County boundary, easterly to the point where said boundary line turns and goes north; thence continue along said Lee County-Collier County boundary line, northerly until said boundary line turns and goes east; thence continue along said Lee County-Collier County boundary line, easterly to the point where said boundary line turns north; thence along said boundary line, northerly to the point where the Collier County-Lee County boundary line meets the Collier County-Hendry County boundary line; thence along the Collier County-Hendry County boundary line, easterly to the point where said boundary turns south; thence along said boundary line, southerly to the point where said boundary turns east; thence along said boundary, easterly to the point where said boundary line meets the Collier County-Broward County boundary line; thence along the Collier County-Broward County boundary line, southerly to the point where the Collier County-Niami-Dade boundary line begins; thence along the Collier County-Miami-Dade boundary line, southerly to the point where the Collier County-Monroe County boundary line begins; thence along the Collier County-Monroe County boundary line, westerly to a point south of, and in alignment with, the east line of Section 31, Township 53 South, Range 30 East; thence along said alignment and along the east line of Sections 31, 30, 19, 18, and 7, of said Township and Range, northerly to the northeast corner of Section 7, of said Township and Range; thence along the north line of Section 7, of said Township and Range, westerly to the northeast corner of Section 12, Township 53 South, Range 29 East; thence along the north line of Sections 12 and 11, of said Township and Range, westerly to the center of County Road 29; thence along the center of County Road 29, northerly to the intersection of Highway U.S. 41 (Tamiami Trail); thence along the center of said highway, northwesterly to the center of County Road 951 (CoIli~r Boulevard); thence along the center of Collier Boulevard, northerly to the intersection of County Road 846 (Immokalee Road); thence along the center of County Road 846, westerly to the center of Interstate 75 (I-75); thence along the center of 1-75, northerly to the Point of Beginning. NOV 3 200 EXHIBTr "A' General Descriptions, MAP #4 District ! - Begin at the intersection of the eastern shoreline of the Gulf of Mexico and the north line of Section 34, Township 50 South, Range 25 East, Collier County, Florida; thence along the north line of said Section 34 (also being the southern boundary of the city of Naples), easterly to the center of Dollar Bay; thence along the center of Dollar Bay, southeasterly to the center of the Lely Outfall Canal; thence along the center of the Lely Outfall Canal, northeasterly to the center of Highway U.S. 41; thence along the center of said highway, northwesterly to the center of Davis Boulevard; thence along the center of Davis Boulevard, easterly to the center of County Barn Road; thence along the center of County Barn Road, southerly to the center of Cope Lane; thence along the center of Cope Lane, easterly to the center of Sunset Boulevard; thence along the center of Sunset Boulevard, southerly to the north line of Section 16, Township 50 South, Range 26 East; thence along the north line of ~aid Section :[6, easterly to the northeast corner of said Section 16; thence along the east line of said Section :[6, also being the east boundary of the Wing South Airstrip, southerly to the north boundary of the Naples Lakes Country Club; thence along said north boundary, easterly to the center of County Road 951; thence along the center of County Road 951, southerly to Highway U.S. 4:[; thence along the center of State Road 951, southerly to the center of Manatee Road; thence along the center of Manatee Road, easterly to the center of Highway U.S. 4:[; thence along the center of said highway, southeasterly to the center of County Road 92; thence along said road, southwesterly to the center of the Marco River; thence along the center of the Marco River, easterly and southerly to a point that is 3,500 feet south of the Coon Key Light; thence southwesterly to the southern most point of Cape Romano; thence along the eastern shoreline of the Gulf of Mexico, northwesterly to the Point of Beginning. District 2 - Begin at the intersection of the eastern shoreline of the Gulf of Mexico and the north section line of Section 6, Township 48 South, Range 25 East, Collier County, Florida; thence along the north line of Sections 6 and 5 of said Township and Range (also being the Lee County-Collier County boundary line), easterly to the center of County Road 90:[ (Vanderbilt Drive); thence along the center of said road, southerly to the northwest corner of Section 9 of said Township and Range; thence along the northern boundary of Collier County, easterly to the center of Tnterstate 75 75); thence along the center of said 1-75, southerly to the center of County Road 862 (Vanderbilt Beach Road); thence along the center of County Road 862, westerly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of said FPL transmission line, southerly to the center of County Road 896 (Pine Ridge Road); thence along the center of County Road 896, westerly to the center of Highway U.S. 4:[; thence along the center of Seagate Drive, westerly to the west shoreline of Clam Bay; thence along said west shoreline, northerly and westerly to the easterly shoreline of the Gulf of Mexico; thence along the easterly shoreline of the Gulf of Mexico, northerly to the Point of Beginning. District 3 - Begin at the center of Interstate 75 (I-75) at the Lee County-Collier County boundary, Collier County, Florida; thence along said County boundary, easterly to the northeast corner of Section :[0, Township 48 South, Range 26 East; thence along the east line of Sections :[0, 15 and 22 of said Township and Range, southerly to the intersection of County Road 846 (Immokalee Road) and County Road 95:[ (Collier Boulevard); thence along the center of County Road 951, southerly to the north boundary of the Naples Lakes Country Club; thence along said north boundary of the Naples Lakes Country Club, westerly to the east line of Section :[6, Township 50 South, Range 26 East; thence along the east line of Section :[6 of said Township and Range, also being the east boundary of the Wing South Airstrip, northerly to the north line of said Section :[6; thence along the north line of said Section :[6, westerly to the center of Sunset Boulevard; thence along the center of Sunset Boulevard, northerly to the center of Cope Lane; thence along the center of Cope Lane, westerly to the center of County Barn Road; thence along the center of County Barn Road, northerly to the center of State Road 84 (Davis Boulevard); thence along the center of State Road 84, westerly to the center of the Florida Power & Light (FPL) transmission line; thence along the center of said FPL transmission line, northerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, easterly to the center of San Marcos Boulevard; thence along the center of San Marcos Boulevard, northerly to the center of the Golden Gate Canal; thence along the center of the Golden Gate Canal, westerly to the FPL transmission line; thence along the center of said FPL transmission line, northerly to the intersection of County Road 862 (Vanderbilt Beach Road); thence along the center of County Road 862, easterly to the center of Interstate 75 (~-75); thence along the center of ~-75, northerly to the Point of Beginning. NOV 13 2001 District 4 - Begin at the intersection of the easterly shoreline of the Gulf of Mexico and the south shoreline of Clam Pass, Collier County, Florida; thence along the southerly and westerly shoreline of Clam Pass and Clam Bay, easterly and southerly to a point on the west shoreline of Clam Bay in alignment with an imaginary westerly extension of Seagate Drive; thence along said imaginary extension, easterly to the center of the western terminus of Seagate Drive; thence along the center of Seagate Drive, easterly to the intersection of Highway U.S. 4:[; thence along the center of County Road 896 (Pine Ridge Road), easterly to the center of the Florida Power & Light (FPL) transmission line; thence along the center of said FPL transmission line, southerly to the Golden Gate Canal; thence along the center of the Golden Gate Canal, easterly to the center of San Marcos Boulevard; thence along the center of San Marcos Boulevard, southerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, westerly to the center of the FPL transmission line; thence along the center of the FPL transmission line, southerly to the center of State Road 84 (Davis Boulevard); thence along the center of State Road 84, westerly to the intersection of Highway U.S. 4:[ (Tamiami Trail); thence along the center of said highway, southeasterly to the center of the Lely Outfall Canal; thence along the center of the Lely Outfall Canal, southwesterly to the center of Dollar Bay; thence along the center of Dollar Bay, northwesterly to the north line of Section 34, Township 50 South, Range 25 East; thence along the north line of said Section 34 (also being the south boundary of the City of Naples), westerly to the eastern shoreline of the Gulf of Mexico; thence along said shoreline, northerly to the Point of Beginning. District 5 - Begin at the northeast corner of Section 10, Township 48 South, Range 26 East, also being a point on the Lee County-Collier County boundary, Collier County, Florida; thence along said Lee County-Collier County boundary, easterly to the point where said boundary line turns and goes north; thence continue along said Lee County-Collier County boundary line, northerly until said boundary line turns and goes east; thence continue along said Lee County- Collier County boundary line, easterly to the point where said boundary line turns north; thence along said boundary line, northerly to the point where the Collier County-Lee County boundary line meets the Collier County-Hendry County boundary line; thence along the Collier County-Hendry County boundary line, easterly to the point where said boundary turns south; thence along said boundary line, southerly to the point where said boundary turns east; thence along said boundary, easterly to the point where said boundary line meets the Collier County-Broward County boundary line; thence along the Collier County-13roward County boundary line, southerly to the point where the Collier County-Miami-Dade boundary line begins; thence along the Collier County-Miami-Dade boundary line, southerly to the point where the Collier County-Monroe County boundary line begins; thence along the Collier County-Monroe County boundary line, westerly to the western end of the Collier County-Monroe County boundary line; thence along a westerly prolongation of the Collier County-Monroe County boundary line, westerly to a point in the Marco River that is south of a point 3,500 feet south of the Coon Key Light; thence northerly to said point lying 3,500 feet south of the Coon Key Light; thence along the center of the Marco River, northerly and westerly to the center of County Road 92 (San Marco Road); thence along the center of said road, northerly and easterly to the center of Highway U.S. 4:[ (Tamiami Trail); thence along the center of U.S. 41, northwesterly to the center of Manatee Road; thence along the center of Manatee Road, westerly to the intersection of State Road 95:[ (Collier Boulevard); thence along the center of State Road 95:[, northerly to the intersection of Highway U.S. 4:[; thence along the center of County Road 951, northerly to the center of County Road 846 (]:mmokalee Road); thence along the east line of Sections 22, :[5, and :[0, Township 48 South, Range 26 East, northerly to the Point of Beginning. NOV 13 2001 General Descriptionsr MAP #5 District :1. - Begin at the intersection of the eastern shoreline of the Gulf of Mexico and the north line of Section 34, Township 50 South, Range 25 East, Collier County, Florida; thence along the north line of said Section 34 (also being the southern boundary of the city of Naples), easterly to the center of Dollar Bay; thence along the center of Dollar Bay, southeasterly to the center of the Lely OutfaII Canal; thence along the center of the Lely Outfall Canal, northeasterly to the center of Highway U.S. 41; thence along the center of said highway, northwesterly to the center of Airport-Pulling Road; thence along the center of said road, northerly to the center of Davis Boulevard; thence along the center of Davis Boulevard, easterly to the center of County Road 951; thence along the center of County Road 95[, southerly to Highway U.S. 41; thence along the center of said highway, southeasterly to the center of County Road 92; thence along said road, southwesterly to the center of the Marco River; thence along the center of the Marco River, easterly and southerly to a point that is 3,500 feet south of the Coon Key Light; thence southwesterly to the southern most point of Cape Romano; thence along the eastern shoreline of the Gulf of Mexico, northwesterly to the Point of Beginning. District 2 _ Begin at the intersection of the eastern shoreline of the Gulf of Mexico and the north section line of Section 6, Township 48 South, Range 25 East, Collier County, Florida; thence along the north line of Sections 6 and 5 of said Township and Range (also being the Lee County-Collier County boundary line), easterly to the center of County Road 90l (Vanderbilt Drive); thence along the center of said road, southerly to the northwest corner of Section 9 of said Township and Range; thence along the northern boundary of Collier County, easterly to the center of Tnterstate 75 (I- 75); thence along the center of said T-75, southerly to the center of County Road 846 ([mmokalee Road); thence along the center of County Road 846, westerly to the east boundary of Eboli PUD; thence along said eastern boundary of Eboli PUD, southerly to the southern boundary of Eboli PUD; thence along the southern boundary of Eboli PUD, westerly to the southeast corner of April Circle PUD; thence along the southern boundary of April Circle PUD, westerly to the center of the Florida Power and Light (FPL) transmission line; thence along the center of said FPL transmission line, southerly to the center of County Road 896 (Pine Ridge Road); thence along the center of County Road 896, westerly to the center of Highway U.S. 41; thence along the center of Seagate Drive, westerly to the west shoreline of Clam Bay; thence along said west shoreline, northerly and westerly to the easterly shoreline of the Gulf of Mexico; thence along the easterly shoreline of the Gulf of Mexico, northerly to the Point of Beginning. District 3 - Begin at the intersection of the northeast corner of the Eboli PUD and County Road 846 (Immokalee Road), Collier County, Florida; thence along the center of County Road 846, easterly to the intersection of County Road 951 (Collier Boulevard); thence along the center of County Road 951, southerly to the intersection of State Road 84 (Davis Boulevard); thence along the center of State Road 84, westerly to the center of the Florida Power & Light (FPL) transmission line; thence along the center of said FPL transmission line, northerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, westerly to the center of the FPL transmission line; thence along the center of said FPL transmission line, northerly to the southwest corner of the April Circle PUD; thence along the south boundary of April Circle PUD, easterly to the southwest corner of the Eboli PUD; thence along the south boundary of the Eboli PUD, easterly to the east boundary of the Eboli PUD; thence along said eastern boundary, northerly to the Point of Beginning. District 4 - Begin at the intersection of the easterly shoreline of the Gulf of Mexico and the south shoreline of Clam Pass, Collier County, Florida; thence along the southerly and westerly shoreline of Clam Pass and Clam Bay, easterly and southerly to a point on the west shoreline of Clam Bay in alignment with an imaginary westerly extension of Seagate Drive; thence along said imaginary extension, easterly to the center of the western terminus of Seagate Drive; thence along the center of Seagate Drive, easterly to the intersection of Highway U.S. 41_; thence along the center of County Road 896 (Pine Ridge Road), easterly to the center of the Florida Power & Light (FPL) transmission line; thence along the center of said FPL transmission line, southerly to the center of County Road 856 (Radio Road); thence along the center of County Road 856, easterly to the center of the FPL transmission line; thence along the center of the FPL transmission line, southerly to the center of State Road 84 (Davis Boulevard); thence along the center of State Road 84, westerly to the center of County Road 3:~ (Airport-Pulling Road); thence along the center of County Road 3:[, southerly to Highway U.S. 41 (Tamiami Trail); thence along the center of said highway, southeasterly to the center of the Lely Out-fall Canal; thence along the center of the Lely Outfall Canal, southwesterly to the center of Dollar Bay; thence along the center of Dollar Bay, northwesterly to the north line of Section 34, Township 50 South, Range 25 East; thence along NOV 1 3 2001 the north line of said Section 34 (also being the south boundary of the City of Naples), westerly to the eastern shoreline of the Gulf of Mexico; thence along said shoreline, northerly to the Point of Beginning. District 5 - Begin at the center of interstate 75 (:[-75) at the Lee County-Collier County boundary, Collier County, Florida; thence along said County boundary, easterly to the point where said boundary line turns and goes north; thence continue along said Lee County-Collier County boundary line, northerly until said boundary line turns and goes east; thence continue along said Lee County-Collier County boundary line, easterly to the point where said boundary line turns north; thence along said boundary line, northerly to the point where the Collier County-Lee County boundary line meets the Collier County-Hendry County boundary line; thence along the Collier County-Hendry County boundary line, easterly to the point where said boundary turns south; thence along said boundary line, southerly to the point where said boundary turns east; thence along said boundary, easterly to the point where said b6undary line meets the Collier County-Broward County boundary line; thence along the Collier Counb/-Broward County boundary line, southerly to the point where the Collier County-Miami-Dade boundary line begins; thence along the Collier County-Miami-Dade boundary line, southerly to the point where the Collier County-Monroe County boundary line begins; thence along the Collier County-Monroe County boundary line, westerly to the western end of the Collier County-Monroe County boundary line; thence along a westerly prolongation of the Collier County-Monroe County boundary line, westerly to a point in the Marco River that is south of a point 3,500 feet south of the Coon Key Light; thence northerly to said point lying 3,500 feet south of the Coon Key Light; thence along the center of the Marco River, northerly and westerly to the center of County Road 92 (San Marco Road); thence along the center of said road, northerly and easterly to the center of Highway U.S. 4! (Tamiami Trail); thence along the center of U.S. 4!, northwesterly to the center of County Road 95! (Collier Boulevard); thence along the center of County Road 95!, northerly to the center of County Road 846 (Immokalee Road); thence along the center of said road, westerly to the center of [nterstate 75 (I-75); thence along said :[-75, northerly to the Point of Beginning. 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 OVER.LAY 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, FLORJX)A, CONSISTING OF 646 ACRJES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site fi.om 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 fi.om 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) 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 based on a detailed TIS submitted by the applicant and revie~ved by County staff. The TIS did indicate some locations of operational deficiency but they were not significantly or directly attributable to the proposed Terafina development. Therefore, the proposed PUD will be in compliance with Policies 5.1 and 5.2, of the Transportation Element. ~,~ ~lTda--- NOV 1 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-lane facility. At project build-out in 2008, 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. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be 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 ne~v 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: $578.00 per unit · Library Impact Fee: $180.52 per unit · Fire Impact Fee: S0.15 per square feet of building · School Impact Fee: $827 per unit · Road Impact Fee: $890 per unit · Correctional Facilities: $117.98 per dwelling unit · Radon Impact Fee: $0.005 per square foot of building · EMS Impact Fee: $2 per unit · Building Code Adm.: $0.005 per square foot of building · Micro Film Surcharge: $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 850 units, the total amount of residential impact fees collected at build-out xvill 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 use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. 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. ~n~ ~v[~ " NOV 1 3 001 2 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 project 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 xvaiver is required. ENVIRONMENTAL ISSUES: The Environmental Impact Statement (EIS) indicates that the proposed project xvill preserve 252.58- acres xvhile 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. Ail 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. NOV 13 2001 3 Pg. 3 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 hearing 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 Management Plan (GMP) and is compatible with the surrounding development. It should be noted that no one spoke in opposition during the hearing 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 thereto. NOV 1 3 2001 4 Pg._ zJ[- _ PREPA .RED BY: RAY~13ELLOWS, PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION REVIEWED BY: ~ DATE SU/SAN MURRAY, ~ /0- ~- ~'- O/ CURRENT PLANNING SECTION · . --' Y- / THOMAS E. KUCK, P.E., ACTING DIRECTOR DATE PLAN~ING SERVICES DEPARTMENT NORlcf~I~ Ft~ISER, AICP, ADMINISTRATOR DATE TRANSPORTATION DIVISION APPROVED BY: JOHN ~. ~)'~k~'~'~, III, INTERIM ADMINISTRATOR DATE COMM~ITY DEV. AND ENVIRONMENTAL SVCS. PUD00-21/EX SUMMARY/RVB/rb 5 pg..~.~ k,,--- - MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 14, 2001 RE: PETITION NO: PUD-00-21, TERAFINA PUD AGENT/APPLICANT: Agent: Mr. Robert L. Duane Owner: Robert Vocisano & Angelo Favretto Hole Montes, Inc. Place Venier, Suite 103 P.O. Box 111629 333 River Road Naples, Florida 34108 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. SURROUNDING LAND USE AND ZONING: no. 32 ~ NOV 3 20 1 1 NOV 13 2001 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 opinion that the proposed project is consistent with the Density Rating System of the GMP. ~c.,g.~A ilroa ' NOV 1 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) at, er 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 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. 1. 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. 2. 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. 3. The Logan Boulevard aligmnent 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 right-of-way for turn lanes shall also be provided above and beyond the minimum width. Open S~ace/Conservation Element: The proposed Terafina PUD far exceeds the minimum thresholds required for open space and conservation presl provision of 213-acres will not reduce those levels. NOV 13 2001 3 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 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. 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 GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. 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 concern. 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 made ~,c.,r~o,~ NOV ] 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 thc impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. Thc listed criteria are specifically noted in Section 2.7.2.$ and Section 2.7.3.2.$ of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by thc Planning Commission to thc BCC. Each of thc 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 thc case may be, in thc 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, thc B,,,~}[O~,ilt~ s NOV 1 3 2001 County Commissioners has reviewed similar rezone requests within this "Urban Residential" designated area where there is an opportunity to approve residential uses when deemed appropriate. 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 designed to be compatible with the approved flow-way within the Mirasol PUD. Lastly, the development regulations, landscaping, screening and buffering 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 right-of-way will be provided along the western edge of Terafina 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 developer of Terafina will construct the extension of Logan Blvd. to the proposed project entrance for Terafina. The additional road right-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. ~arr. I~A IT~.:la NOV 1 3 2001 6 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition Number: PUD-2000-21 to the Board of County Commissioners with a recommendation for approval. PREPARED BY: . 13,AY B~LI~,OW~, PRINCIPAL PL~R DATE-- C~~ PLUG SECTION REVIEWED BY: CURRENT PLANNING SECTION THOMAS E. KUCK, P.E., ACTING DIRECTOR DA~I'E ' PLANNING SERVICES DEPARTMENT A~VED BY: JOI-r~ lV~. D~CK, III, INTERIM ADMINISTRATOR DATE CO~TY DEV. AND ENVIRONMENTAL SVCS. Staff Report for September 7, 2001 CCPC meeting. COLL RCOUNTYPL COM~. ISSION: JOYCEAN~A J. P~UTI~, ~~ PUD-00-21/STAFF REPORT/RVB/rb FINDINGS FOR PUD PUD-99-1 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: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development pattems produces economics of scale relative to public utilities, facilities and services, which are currently available in this area along CR-846. (ii) Development of land which is located on an arterial road, is within an Activity Center, and is adjacent to commercial uses is particularly suitable for commercial uses. (iii) The pattern of development of surrounding properties is similar to the type of development proposed including the proposed density of 5.64 units per acre. Con: (i) The existing Estate residents often perceive a mixed use commercial and residential developments 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. Findine: 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. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Exhibit "A" ~ P ~ NOV ! 3 200l Findine: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. 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. Con: None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow commercial uses consistent with the approved Mocake PUD. These uses and the residential density are also consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designated Mixed Use Activity Center on the FLUE and is also within the density band. 4. 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 the same uses and development standards as the approved Mocake and Zurich Lake Villas PUD that have been incorporated within this new PUD. In addition, increased landscaping and buffering has been provided to buffer the residential neighborhood with the commercial and multi-family areas. Con: None. Findine: 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. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Findinl~: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. $,C,E~A IXBa 2 tOV 1 3 2001 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary, Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to incorporate the existing commercial zoning that is adjacent to the agricultural zoned property to allow access to Immokalee Road. This will result in an additional acre of commercial zoning. However, this project will not adversely impact any adopted level of service standard. 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. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 8. 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. Findine: 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-99-1/RVB/rb NOV 1 3 2001 ,,.Iq REZONE FINDINGS PETITION PUD-00-21 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 & 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. 3. 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" No. ~ ES~ x NOV 1 3 2001 4. 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 the subject PUD provides an extension of the existing residential PUD to the north, south and east. 5. 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. Furthermore, 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. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) 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 low-density areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findin£s: 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 adjacent and nearby developments. actions should serve to ameliorate impact on the adjacent residential NOV 1 3 2001 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (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 from 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 mn 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. 8. 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. AGE. NDA ITEM 3 NOV 13 2001 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. 9. 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. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. Con: None. Summary. Findines: 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. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations AGENI:)A I'11~ Pro/Con: Evaluation not applicable. NOV 1 3 2001 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. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, 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. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. 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. Summary Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Aar.~A ~X~ NOV 3 2001 5 Summary Findinus: 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. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: 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. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: 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-00-21/RVB/rb AC..~.N~A I'r~.M NOV 13 2001 · Item IV.t ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7~ 2001 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUD-2000-21 Petition Name: Terafma PUD Applicant/Developer: Robert Voci~ano & Angelo FavretXo Engineering Consultant: Purse Associates, Inc. Environmental Consultant: TurreH & Associates, Inc. H. LOCATION: The subject property is an undeveloped 646 acre parcel located approximately 1.5 miles eas~ of Interstate 1-75 and one (1) mile north of lmmokalee Road, immediately north of Olde Cypress development, in Sect/on 16, Township 48 South, Range 26 East, Collier County, Flor/da. HI. 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 DESCRIlyrION N - PUD (Parklands PUD) Undeveloped Actively farmed S - PUD (Olde Cypress PUD) Partially developed E - Agricultural (proposed Mirasol PUD) Undeveloped W - RSF-2 & GC Developed (Qu Creek Es tes) IV. PURPOSE/DESCRIPTION OF PROJECT: N0¥ EAC Meeting Page 2 of 11 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. V. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Residential Sub-district that is intended to p. rovide 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 (GIMP). A consistency analysis with applicable elements of the GIMP is as follows: FLUE and Density..'. 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, staffis of the opinion that the requested density is consistent with the Density Rating System of the Growth Management Plan. Conservation & Coastal Manaeement 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, nc,81~A tT~t~- NOV 13 2001 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 hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 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 grouad cover emphasizing the largest contiguous area possible. When several diff'erent 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 CountT~ this policy shall not be construed to require a larger percentage of opeI spact~d~,l~ ~te t~n .~ ~ aside to meet the 25% native vegetation policy. This policy shall not be: a rl~e . NOV 1 3 2001 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 vegtemtion 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 Manaeement: 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 SFWlVlD. Environmental: Site Description: The project site is located in north Naples, one mile north of lmmokalee 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 ~[l~.u.~/~ I~r~. high watermarks, sediment lines, lichen and moss lines or adventiti< rc~' o~n- ~ _~ qOV 3 2001 EAC Meeting Page 5 of 1 l 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 £eet 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. NOV 1 3 2001 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, Rivera, 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. NOV 13 2001 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 aRer 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 spec/es 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 credits_ a.v. e sllll~A IXraa NOV 1 3 2001 ,,. EAC Meeting Page 8 of 11 awarded. Final mitigation requiremems 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 RCW 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 areas. Preservation and enhancemem of 274.35 acres of mixed wetlands and uplands will retain viable habitat and forage area for wildlife using the subject site. ~f not~. ia l you p se ve of proper, NOV 1 3 2001 EAC M~ting 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 ouffall rates fi-om 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. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-2000-21 "Terafina PUD", with the following stipulations: Water Management: The petitioner shall obtain a surface water management permit fi-om the SFWMD. Environmental: No additional stipulations. NOV 13 2001 EAC Meeting Page 10 of 11 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE SENIOR ENGINEER. STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST H REVIEWED BY: DATE THOMAS E. KUCK, P.E. DATE I(~xGINEERI]qG REVIEW MANAGER P,~IALD '~I~O, AICP DATE C~ PLANNING MANAGER. NOV ~' ~.~ 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 Aiexandra "AIIie" Santoro ALSO PRESENT: Patrick White, Assistant County Attorney Stan Chrzanowski, Senior Engineer Barbara Burgeson, Seni.or Environmental Specialist · Stephen Lenberger, Env,ronmental Specialist, Development Services Marjorie Student, Assistant County Attorney Ron Nino' Current Planning Manager i NOV 13 2001 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 circulation 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 propose*d PUD in the map on this area here. And Terafina would sit immedlatel~ to the west of it. It also shares a portion of the proposed flowway, go through the project and down and through Olde you've already heard plenty about. Page 73 March 7, 2001 The site, as you can see from the aerial on the wall, is ali 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 Mirasoi. 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 ed~;e 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 eastern*~-~~ port,on of the project. Removal of exot,cs and also reve~geta~i~-~-I Page 74 ': ~ 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 r~port. 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. MR. DUANE: For the record, my name is Robert Duane from Hole, Montes & Associates. I'll be very brief, as I think the 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**We' 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 before you'. today, we in the urban area, and we're Sandwiche.d inYbetween NOV 13 2001 Pag® 75 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 units, 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 Hermanson, senior vice president of my company, Jerry Neai, who's also a project engineer. Tim Hall, who is our environmental consultant. And rm 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 com,.ment. ~ MR. HERMANSON. Just to bring you up-to-date on NOV 1 3 2001 Page 76 p,. 0.~ March 7, 200t 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 there when we're ready to pull permits, then we won't be putting houses up, only infrastructure. CHAIRMAN SANSBURY: Yes, sir. COMMISSIONER CARLSON: How much of the pro ec~are~l ~s~? jurisdictional wetland? NOV 1 3 2001 Page 77 ~,,. ,.~ March 7, 2001 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 Iow~_r quality wetlands. '1 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 CARLS. ON: Well, I just t~ink that~ CHAIRMAN SANSBURY. Can I do one thing real Page 78 March 7, 2001 important in the middle of this because Karen has got to get out 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. rm 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 are not utilizing the same information 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 -- rm 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 airs 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. 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 bell; what you were talking about. NOV 13 2001 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 tl~e 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 th.e 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. A And based on conversations with the wildlife agencies~ it vas determined that an attempt w.o. uld be made to kee areas in preserve and hopefully entice the woodpecke; NOV 1 3 2001 Page 80 March 7, 2001 back into the area. It's wide enough 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. I 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 I'll use the term high-rise, multi-story as opposed to single-family; the concentration? MR. DUANE: Well, that's theoretically possible, bt t tl/~- _~.f preference for my client is for this to have more of a m :' NOV 1 3 2001 Page 81 I~,. /-~.~ ._ March 7, 2001 - single-family uses than muitifamily 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 propo, sed in the ParkJands 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 ~k, 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 - fu~ minimize the impact on wetlands. ~1~ And that's where we're coming from. And that's diffi~-I~* 'NOV "1'3 2001 Page 82 i~._/'iL~ March 7, 2001 balance to -- to find.. And I think we need to perhaps put more pressure on developers to consider 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 multifamily 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 as ft~ . ~ _~ I Sou~ is on record. They have already approved the plan, i ;NOV 13 2001 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 SANSBURY: 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: Idon'tthlnklt'sthats,m le~~ d,strict d,d tell me that they have other problems with Page 84 March 7~ 2001 project as they were leaving. MR. HERMANSON: Did they say what? MR. CHRZANOWSKI: No. I don't know. MR. HERMANSON: The only-- ! 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 witll 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: ! 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, because that isn't the tone of their letter at all. CHAIRMAN SANSBUR¥.' But the bottom line is that you don't get a permit until they agree to it. * MR. HERMANSON.' That's correct. We have to cross every CHAIRMAN SANSBURY: Okay. MR. NEALE: May I interject one thing? CHAIRMAN SANSBUR¥: Excuse me. MR. NEALE: The points that we're referring to that haye~ ' ~' already been approved - because we are going through this procedure with South Florida Water Management, they are-~'' documented by the attorney on our side, the attorney Florida Water Management, and the mediator attorney appointed by the courts. So the things we're saying, Page 85 March 7, 200t 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. I 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 somethingl CHAIRMAN SANSBURY: Yes. Page 86 NOV I 3 2001 March 7, 2001 COMMISSIONER SANTORO: One of the things that we're looking at is wetlands ordinance. And I 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 II!. We want anything with a fiowway 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, '~Nhy 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, no. Does it mess up a lot of areas that are wetlands, '"' NOV I 3 2001 Page 87 March 7, 200t 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 -- rm 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 ,eeds improvement. You will help prevent flooding up in Bonita Springs. CHAIRMAN SANSBURY: 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 vhen the opportunity came and that's when Mr. Barker', involved in trying to bring the solution to help not only t ~S~e' NOV 1 3 2001 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, '~/e 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. ! 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 j 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. ~t~_ .*'~^~T~ " / All in favor of - against the motion to denial say a]~ o., ,~ ¢ ~ · NOV 13 2001 Page 89 ~,,.ff I 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 SANSBURY: We'll get it done. COMMISSIONER HILL: I guess I fell into that one. CHAIRMAN SANSBURY: Okay. We still have a quorum. (Commissioner Carlson left the Boardroom.) CHAIRMAN SANSBURY: .Stan, 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 SANSBURY: As ! recall, we were down t o tltCW~^nm last page of the last section, which was more the techni~ NOV 1 3 2001 Page 90 APPLICATION FOR PUBLIC HEARING FOR:"PUD REZONE- Petition No.: Date Petition Received: Con, mission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Robert Vocisano & Angelo Favretto Applicant's Mailing Address Place Venier, Suite 103,333 River Road City Ottawa State Ontario, Canada Zip K1LHB9 Applicant's Telephone/4 613-745-9122 Fax # 613-746-1238 Name of Agent Robert L. Duane Firm Hole Montes, Inc. Agent's Mailing Address P.O. Box 111629 City Naples State FL Zip 34108 Agent's Telephone# 941-254-2000 Fax# 941-254-2099 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 NOV 1 3 2001 ApPl. I(;ATION FOR PUBLIC HEARING FOR PUD REZONE - 10~8 ~.~ ~ __ OF 16 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock N/A c. 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 N/A d. 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 N/A e. 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 Kevin F. Leo 100% 2291 Oaks Blvd Naples, FL 34119 Date of Contract: 12/01/0( APPI.ICATION FOR PUBLIC HEARING FOR PUD REZONE- 10/98 NOV ! 3 2001 Adjacent zoning and land use: Zoning Land use N 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: 7. Rezone Request: This application is requesting a rezone from the Agriculture zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Residential Golf Course/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 r .... criteria noted below. Include any backup materials and documentation a su[~ort f~L~. I request. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-10/98 NOV Standard Rezone Considerations (£DC 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. ~Yhether the proposed change will adversely influence living 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 activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem, 9. I4/rhether 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. ! 3. ~Yhether 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 COtlnly. [5. [Fhether it is impossible to find other adequate sites in the county for the proposed use ltl districts already permitting such use. APPI.ICATION FOR PUBLIC HEARING FOR PUl) REZONE-10/98 NOV 1 3 2001 P.~ 3E 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. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Rezone Considerations (LDC Section 2. 7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. 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. ,~.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 appli ,,,,A- -.~ .... ,- ...... I regulations. ~ f, ~ NOV 1 3 2001 APPLIC\TION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 ~ PAG / ~r to 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the -- civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last 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; b. If this rezone is being requested for a specific use, provide fitteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · 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. b. An Environmental Impact Statement (EIS), as required by SectimL 351 ,,r,~,,~ T ~--, - Development Code (LDC), or a request for waiver if appropriate. NOV 13 2001 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Pt. ~ -- PAG % ut., !6 c. 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.). d. Statement of utility provisions (with all required attachments and sketches); e. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; 15. 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); g. Any additional requirements as may be applicable to specific conditional uses end identified during the pre-application meeting, including but not limited to any required state or federal permits. NOV 1 3 2001 APPLI('.&TION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 1~ ~'~ __ P TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than l0 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing mm or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development NOV 13 2001 APPI.ICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RI)D: The TIS shall cover the least of the following two areas: et) an area as set forth below; or, b) the area in which traffic assignments fi.om the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exc Vehicles Per Hour (VPH). APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-10/98 NOV 1 3 2001 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed -- project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified, A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 NOV 1 3 2001 APPLIC'..~,TION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PA ;E 12Or to STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST ~.. NAME OF APPLICANT: Robert Vocisano & Angelo Favretto 2. MAILING ADDRESS: Place Venier, Suite 103,333 River Road CITY Ottawa STATE Ontario, Canada ZIP K1L8B9 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A 4. LEGAL DESCRIPTION: Section: 16 Township: 48 South Range: 26 East 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 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [-~ ¢. 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 [] 1~. CITY UTILITY SYSTEM [~ ¢. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PRIVATE SYSTEM (WELL) [--] ! AC~I~AIX~ HEARING FOR PUD REZONE-10/98 / ~i0V 1 3 2001 APPI.lf'ATION FOR PUBLIC 7. TOTAL POPULATION TO BE SERVED:850 Units 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK. 654,500GPD AVERAGE DAILY 327,250 GPD B. SEWER-PEAK .. 510,000 GPD AVERAGE DAILY 225,000 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2002 . 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 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 fi.om any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 NOv 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/9° PAG ' 14 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 2. Copy of Deed(s) and list identifying Owner(s) and all 15 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 15 4. Pre-application notes/minutes 15 5. Conceptual Site Plans 15 6. EnvironmentalImpact Statement- (ELS) 15 7. Aerial Photograph - (with habitat areas identified) 15 8. Completed Utility Provisions Statement (with required 15 attachments and sketches) 9. Traffic Impact Statement - (TIS) 15 10. Historical & Archaeological Survey or Waiver 15 Application 11. Copies of State and/or Federal Permits/SFWMD N/A 12. Architectural Rendering of Proposed Structure(s) N/A 13. Application Fee and Data Conversion Fee Check shall - be made payable to Collier County Board of Commissioners 14. Other Requirements- As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. _ Agent/Applicant Signature Date APPLICATION FOR PUBLIC H£Am~G FOR PUD REZONE-10~S NOV 1 3 200] AFFIDAVIT We//. i~£(.f27- ~ot~r'3r2,,oO fv~.ao ~rr~ffobeing first duly sworn, depose and say that we/I am/are the owners of the prDperty 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 properS, owner We~I further authorize Robert L. Duane to act / as our/my representative in any matters regarding this Petition. [~ / ~'Si~,nature of Property Owner Si ' !~fProperty Owner Robert Vocisano Angelo Favret to Typed or Printed Name of Owner Typed or Printed Name of owner The foregoin__g instrument was acknowledged before me this J q~---- day of '~a_a/r,-~v*,,, ~"/' , m ~,/~:~ ~o ? ~ ~',-~c 7r,~ who is personally known to me or has produced / ,a- as identification. ,'~d /., State of Florida (Signature of Notary Public - State of County of Collier Florida) ...... Name of Nom~ Public) vvo N0V I 3 2001 PAGE 6OF 16 , HOLE MONTES ENGINEERS. PLANNERS. SUB,ORS 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 Rezonmg 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 m rth ~~t~ W:\I99S\1995087~RLD~PUD~RN Ltx.doc NOV 1:3 2001 Naples- Fo~ Myers. Venice- Efl(jiewoed .. 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 wetlands 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 free 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 eadangered 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\I995087LRLD~PUDLRN Ltr.doc NOV 1 3 2001 Property Information Report CDPR1002 - Property Information Report I PARENT PARCEL PHYSICAL STREET LOCATION ~ ' NAPLES ARE J% NORTH  000183600000 0000000000000000 482616 482616 TRS' , I BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 001 .000 26 48 16 482616 001. 0003B1 USE CODE CLASS CODE ~ MILL AREA TOTAL ACSC _HDR REF FLAG ""' I 60 0 122 625.00 SHORT LEGi~J. XTRA LGL CNT ~ 1--~-~ ~L, LESS W 60FT + W 0 I 2670FT OF S 60FT + N 30FT . OWNER NAME PREVIOUS OWNER VOCIS~NO TR, ROBERT VOCIS~NO TR, ROBERT OWNER ADDRESS ! ARGELO FAVRETTO TR ~ % QUALITY INN · 4100 GOLDEN GATE PKWY NAPLES, FL00C0 341166522 FULL LEGAL DESCRIPTION ~6 48 26 ALL, LESS W 66FT + W 2670FT OF S 60FT + N 30FT NOV 13 2001. Printe~ on 12 /b/o~~PM ~llier County Page 1 of 1 ORDINANCE NO. 01-~ _ AN ORDINANCE AI~'NDING ORDINANCE NU~BI~ 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUN2~f, FLORIDA BY AME2qDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8616N AND 8610S; BY CHANGING THE ZOlqI!NO CLASSIFICATION OF THE ~ DESCRIBED ~ PROPERTY FROM "A" RURAL AGRICULTURAL TO ~PUD' PLANNED UNIT DEVELOPMENT KNOWN AS THE TERAFI~A PUD LOCATED APPROXIMATELY 1.5 MILES EAST OF 1-75, ONE MILE NORTH OF IMMOKALEE ROAD (C.IL 846), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 646.5+ ACRES; A_ND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duan¢, AICP, of Hole Montes, Inc., r~pr~en~$ Robert Voci~no and Ang¢lo Favr~tto, p~titioned the Bom'd of County Con-uni~.~ion~r~ to change thc zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by thc Board of County Cornmissioner~ of Collier County, Florida, that: The zoning classification of th~ h~in describe! r~l ~ located in Section 16, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to 'PUD' Planned Unit Developmeut in accordance with the Tmmfina PUD D~:~ument, attmched h~-to as Exhibit "A' and incorporat~i by r~ference herein. The Official Zoning Atlas Maps numbered 8616N and $616S, as described in Ordinance Numb~ 91-102, the Collier County Land Developing'mt Cod~, are h~m~by amended accordingly. SECrION TWO: This Ordinan~ shall become effective upon filing with the Dcpm'tmant 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: BY: .IAlv~ D. CARTER, Ph.D., CHAiR~ DWIGHT F.,. BROC'K, CLERK. Approved as to Form and Legal Sufficiency i~a~,~r~. Stud~t .,,,sis,..t county NOV I 3 2001 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 REVISED JUNE, 2001 REVISED FEBRUARY, 2001 DECEMBER, 2000 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" nc.,r.t~t, ffr.~,~:_~ ~ NOV 1 3 2001 NOV I 3 200! TABLE OF CONTENTS Page SECTION I Statement of Compliance .................................................................................... 3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control .............................................................................. 4 SECTION IH Statement of Intent and Project Description .......................................... 5 SECTION IV General Development Regulations ..................................................... 6 SECTION V Preserve Area Requirements .......................................................... 10 SECTION VI Permitted Uses and Dimensional Standards for Residential Development ..... 11 SECTION VII Permitted Uses and Dimensional Standards for Golf Course .....................14 SECTION VIII Development Commitments ........................................................... 16 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description NOV 1 3 2001 2 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 w/Il 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: 1. 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 dwelling units. The total number of dwelling units proposed is eight hundred and fifty (850) on 4- 141 acres proposed for residential use. 2. The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density as required in Objective 2 of the Furore Land Use Element. 3. 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. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. 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. NOV 13 2001 3 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 Property Ownership Robert Vocisano and Angelo Favretto are co-trustees for the owners of the subject property. 2.2 Legal Description Section 16, Township 48 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit "B". 2.3 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 was Agricultural (A). 2.4 Short Title This Ordinance shall be known and cited as the "Terafina Planned Unit Development Ordinance". 2.5 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. NOV 1 3 2001 4 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 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. 3.2 Project 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. 3.3 Land Use Plan and Proiect Phasing A. 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. B. 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. rlC0 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 The following are general provisions applicable to the PUD Master Plan: A. 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 Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. 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. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Terafma PUD shall become part of the regulations that govern the manner in which this site may be developed. D. 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. E. 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. 4.2 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. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, ut~[ti,~o purposes as may be required by Collier County. All necessary easements,]tedi~mns or other instruments shall be granted to ensure the continued operation and mai[ttenance of all services and utilities. This will be in compliance with the applicable regulati[ns [ 3gfqcSal O01 the time construction plans and plat approvals are requested. Easements dedi[ated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 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. 4.5 Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (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 governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to 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. 4.6 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. B. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. [ ~'~ I HOV 1 3 2001 4.7 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. 4.8 Polling Places Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. 4.9 Native Vegetation The project shall meet the requirements of Division 3.9, Vegetation Removal, 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. 4.10 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will 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. 4.11 Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.12 Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Division 2.8 of the LDC. 4.14 Signage All signage shall be in accordance with Section 2.5 of the Collier County Land Development Code, as applicable. I NOV132001 8 4.15 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. 4.16 Landscaping All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code. blOV 1 3 2001 SECTION V PRESERVE AREA REQUIREMENTS 5.1 PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 5.2 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 adjustments 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 whole 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. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, after the appropriate environmental review. B. Any other use deemed comparable in nature by the Development Services Director. NOV 1 3 2001 10 SECTION VI -- PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 6.1 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". 6.2 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. 6.3 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. NOV 1 3 2001 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: 1. Single family detached dwellings 2. Zero-lot line dwellings 3. Two-family and duplex dwellings 4. Single family attached and townhouse dwellings 5. Multi-family dwellings, including garden apartments 6. 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 1. 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. 3,500 S.F. 3,500 3,000 S.F. per 1 AC S.F.(1) d.u. Minimum Lot Width (2) 50 35 40 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(3) 0 or .5 BH Rear Yard Principal 20 20 20 20 20 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 ~IItI{~A ffOa~..~ All distances are in feet unless otherwise noted. ~ ~' ~ BH = Building Height {~0V 1 3 2001 12 Notes 1. Each half of a 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. 2 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. 3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot sideyard. 4. 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. A. Guest suites in the clubhouse area shall be a minimum of six hundred (600) square feet in area. See also Section VII. B. 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. C. Development of individual tracts has not been finalized at the time of rezoning 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 barriers 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. NOV 13 2001 13 SECTION VII PERMITTED USES AND DIMENSIONAL STANDARDS FOR GOLF COURSE 7.1 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 1. Golf Course 2. Golf clubhouse and country club 3. Water management facilities 4. Guest suites B. Permitted Accessory Uses and Structures 1. Pro-shop, practice driving range, and other customary accessory uses for golf courses or other recreational facilities. 2. 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. 3. Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4. Tennis and other racquet sports courts. 5. Maintenance shops and equipment storage. 6. Non-commercial plant nursery. C. General Requirements 1. 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. 2. 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. 3. Lighting facilities shall be arranged in a manner, which will protect roadways and neighboring property from direct glare or other interference. 4. Maximum height shall be fifty-feet (50') above the finished grade of the lot. 5. The off-street parking will be as required by the Collier '-' Development Code. _ 6. Landscaping shall be provided as required by the CollieJ CourtS, j- Development Code. N0¥ 1~ 200] 14 ~.. ~' 7. 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. 8. 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. NOV 1 3 2001 15 SECTION VIII DEVELOPMENT COMMITMENTS 8.1 Environmental Standards The purpose of this Section is to set forth the environmental commitments of the project developer. A. 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. B. 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. C. 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. D. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning 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. E. 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. F. 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. 8.2 Transportation Requirements The purpose of this Section is to set forth the transportation commitmer olive project development. NOV 13 2001 16 ~. ~...~L~ A. 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. B. 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. C. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. E. Roads intemal to the project serving the residential uses shall be private and dedicated to the Homeowners Association for perpetual maintenance. F. The developer shall provide turn lanes at the project entrance prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. G. The developer shall make a fair share contribution towards the capital cost of traffic signals at the project entrance when deemed warranted bythe Transportation Services Administrator, or designee, 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. H. An additional twenty (20') feet of right-of-way will be provided along the westem 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 developer of Terafina will construct the extension of Logan Blvd. to the proposed project entrance for Terafina. The additional road right-of-way will be dedicated to Collier County at the time of platting or within ninety (90) days upon request from Collier County. I. The golf maintenance facility shall have interior access only. 8.3 Utility Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. 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 regnlations. B. All customers connecting to the water distribution and sewage collecl ion be constructed will be customers of the County and will be billed bl the accordance with the County's established rates. Should the Cour ~ not be.in a__ position to provide sewer service to the project, the sewer cust, 17 ~,~.~ customers of the interim utility established to serve the project until the County's off- site sewer facilities are available to serve the project. C. 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. D. 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 with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. 8.4 Engineering Requirements A. 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. B. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. C. 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. D. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. 8.5 Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. A. 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. B. Landscaping may be placed within the water management area in ac ,,,, d,~l,~ltil~¥ffil~.~ criteria established within Section 2.4.7.3 of the LDC. NOV 13 2001 C. 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. D. A surface water management permit must be obtained fi.om the SFWMD prior to any subdivision or site plan approval. NOV 13 2001 19 NOV 1 3 2001 EXHIBIT B LEGAL DESCRIPTION ALL OF SECTION 16, TOWNSHIP 48 SOUTH, RANTE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO PHOSPHATE, MINERAL, METAL AND PETKOLEUM KESERVATIONS 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. NOV 1 3 2001 W:\I995k1995087kRLDkPUD~XHIBIT B- LEGAL DESCRIPTION.dOe [~['5 Z __ EXECUTIVE SUMMARY APPOI~FMENT OF MEMBER(S) TO THE BOARD OF BUILDING ADJUSTMENTS & APPEALS OBJECTIVE: To appoint 2 members to serve 4 years terms, expiring on August 9, 2005 on the Board of Building Adjustments and Appeals. CONSIDERATIONS: This five member board was established by Ord. 83-16 (amended by Ord. No. 91-57); Repealed and amended by LDC, Div. 1.22.1 (Ord. 91-102, as amended) to hear appeals on rejections or refi~sals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration ora structure. Membership consists of five members representing the following professions: One state licensed architect or structural engineer; one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Collier County Codes: Standard Building Code, Electrical Code, Fire Prevention Code, Gas Code, Mechanical Code and Swimming Pool Code. The membership term is four years. The meetings are held quarterly, or on an as-needed basis. Members are required to file a Form 1 Statement of Financial Interest each year with the '-- Supervisor of Elections. This is a Quasi Judicial Board. A list of the current membership is included in the backup. The terms for Mr. Frederick L. Swetland (Architect) and Gary F. Hayes (Plumbing Contractor) expired on August 9, 2001. A press release was issued and resumes were received fi:om the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR AI)V. COMM. Bradley W. Schiffer Architect 2 Yes None Gary F. Hayes Plumbing Contractor 4 Yes Bd of BIdg Appeals RE-APPT Contractor's Licensing Board Rural Frinse NOTE: Section Five (D) of Ordinance 2001- states that "No person shall serve on more than two County Boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. According to my records Mr. Gary F. Hayes currently serves on the Contractor's Licensing Board and the Rural Fringe Committee. If Mr. Hayes is appointed the Board will have to waive Section Five (D) of the ordinance. -"-- COMMITTEE RECOMMENDATION: Quasi-Judicial Board - no recommer ~tion " AGENDA ITEM FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 2 members to the Board of Building Adjustments and Appeals and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: NOVEMBER 13, 2001 Q Memorandum 1o: Sue Filson, Administrative Assistant Board of County Commissioners From: Ed Perico, Director ~:~&D-- Building Review & Permitting Date: October 17, 2001 Subject: Board of Adjustments and Appeals Applicant The following applicant is qualified to serve on the Board of Adjustments and Appeals. I have listed his area of expertise. Bradley W. Schiffer Architect If you have any further questions, please call me at 403-2401. EP4mp Building Review a Pe~iRing Community Development & Environmental Se~ices Board of Building Adjustments and Appeals Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndF~pDate 2nd Term Frederick L. Swetland, III 435-9482 08/05/97 08/09/01 4 Years 2164 Frederick Street 793-0300 Naples, FL 34112 District: 4 Category: Architect Brian E. Jones 07/28/98 08/09/02 4 Years 2121 Heritage Tr. 643-5100 Naples, FL 34112 District: 1 Category: Building Contractor Kenneth W. Rodgers 597-3222 02/27/96 08/09/96 5 Months 2811 50th Terrace, S.W. 09/12/00 08/09/04 4 Years Naples, FL 341 t6 District: 3 Category: Assistant Fire Chief ~' Gary F. Hayes 08/05/97 08/09/01 4 Years ~ 341 Airport Road North Naples, FL 34104 District: 4 Category: Plumbing Contractor Pedro Perez 09/12/00 08/09/04 4 Years 1636 Rainbow Court 389-5230 Marco Island, FL 34145 District: I Category: Architect/Project Manager AGENDA ITEM ,~- '~ ~ePtem~ber 14, 2000 Page 1 of 2 ~'.'~ ~ ,5 ~.~O -' Board of Building Adjustments and Appeals FFork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member advisory board was created by Ordinance No. 91-102, as amended to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of 1 state licensed architect or structural engineer;, I Class "A: general Code, Electrical Code, Fire Prevention Code, Gas Code Mechanical Code and Swimming Pool Code. Terms are 4 years, flVtemh~.m ' . QUASI JUDICIAL FL STAT: none Staff' Ed Pefico, Bldg Review & Permitting Director. 403-2401 Thursday, September 14, 2000 Page 2 of 2 NO. ~c~_L~~ ,, .~ ." ,j MEMORANDUM ~--'~ 0i.., ~ ;" ~:-'~ DATE: October 16, 2001 ~ 3 -::' ::o?+..Z $o~::- '~' ~' TO: Vinell Hills, Elections Office g FROM: Sue Filson, Administrative Assist~_~) ~ 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. BOARD OF BUILDING ADJUSTMENTS & APPEALS COMMISSION DISTRICT Bradley W. Schiffer 520 Sugar Pine Lane Naples, FL 34108 Thank you for your help. 18/22/288i 18:32 9416437875 ELEGANCE IN PLBG PAGE 82/82 - (941) AIRPORT ROAD NO. NAPLES, F1_34104 DATE; OCTOBER 19, 2001 TO; BOARD OF COLLIER COUNTY COMMISSIONERS FROM; GARY F. HAYES RE; RE APPOINTMENT TO COLLIER COUNTY BOARD OF BLrILDING ADJUSTMENTS AND APPEALS I WOULD LIKE TO BE CONSIDERED FOR. RE APPOINTMENT TO THE COLLIER COUNTY BOARD OF BUILDrNG ADJUSTMENTS AND APPEALS. THIS WOULD BE MY SECOND TERM ON THIS BOARD AND I WOULD LOOK FORWARD TO CONT~G SERVICE ON THIS BODY. SOUTH FLOR/DA PLUMBI2qG MEMORANDUM DATE: October 16, 2001 TO: Ed Perico, Building Review & Permi~.g~Director~ FROM: Sue Filson, Administrative Assista['rt/[~ ~ Board of County Commissioners "' RE: Board of Building Adjustments and Appeals 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 consideratiom I have attached the resumes received for your review as follows: Bradley W. Schiffer 520 Sugar Pine Lane Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi.me, and I will prepare an executive summary for the Board's consideration. Flease 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 Page 1 of 1 filson_s From: Brad Schiffer [brad(~TAXIS-usa.com] Sent: Friday, October 05, 2001 11:52 AM To: lilson_s Subject: Re: Board of Building Adjustments and As I noted on my application I moved this week. This caused a change of phone numbers. Voice: 254.0285 Fax : 254.0417 Thank you for your attention. Brad Schiffer brad~TAXt S-usa. co m TAXIS 520 Sugar Pine Lane Naples, Flodda 34108 A~D.~kf]~EM $EP-10--01 ~1 :~ AM TAXIS STUDIO 941215~621 P. 01 thl~ sheet plus 2 for Sue Filson Admlnbtrative Assistant Board ~ C~nty Comminione~ 941.~ b~d ,~n~r~IS, A~hi~ ~d Pl~nefl M C~U 42~ B~ ~c N~I~, ~o~ 34103 941.213.0791 September 7, 2001 Dear Sue: Please find attached my application for the Board of Building Adjustments and Appeals along with my resume. Feel ~'/ee to contact me with any questions er concerns. / Br: Schiffer Arct tect ~rad~ 'AXI AGENDA ITEM~'~'"~ .~- L,', Pg. /o SEP--10--O! 01 :~4 AM TAXIS STUDIO 94121~0~21 P.02 Collier County Board of Commissioners 3301 East Tamiami Trail .:'%: j Naples, FL 34112 ~'5.) · (941) ??44O9? ~'.v.:!. Fax: (941) 774.3602 ..~ ~.:~, ;. [ Applfcation for Advisory Committees/Boards Name: Bradley William $chiffer Home Phone: 941.21;~.0791 Home Address: 4200 Bdair Lane, Naples Florida Zip Code: 34103 Will be moving to purchased home at 520 Sugar Pine Lane, Naples 34108 on September Fax No. 941.213.0621 Business Phone: 941.213.0791 e-mall address: brad~TAXl$-usa, com Business: brad schiffer/Taxis inc. Board or Committee Applied for: Board of Building Adjustments and Appeals Category (if applicable): Architect Eza.~ple: Coronation D~tH~, ])q:vdoper. envlrnnmentalltt, lay person, etc. Are you a re~stcrcd votcr in Collier County: Yes Do you currently hold public office? No If ~o, what Is that De you now merve, or huve you ever served, on a CtflJ|er County board or commlttt, e? NO If yet, please li~t the committees/hoards: Please llst your community activities (civic clubs, neighborhood associations, crc. and positions held: see attached Education: Bachelor of Archltecture from The Ohio State University Experience: see attached SEP--10-01 01:34 ~M T~XIS STUDIO 94121~0621 P-~ BRADLEY W. 8CHIFFER brad sc~iffer/TAXIS, Inc. Arcttitecture & Planning Registrations: Registered Ar~itect in Florida, ~t.~.R-O007134, 1976 NCARB/t.42692 Professional Occupation: Brad Schiffer/TAXIS inc. FI-~-C000~00 19?8-Present Academic Qualifications: Ohio State University, Bachelor of Architecture, 1972 Academic Appointments: Professor, Miami-Dade Community College, lg88-2001 Advanced Computer-Aided Design and Dralllng Environmental Technology Critic, Lehigh University, Bethlehem, PA, 1972 Professional Competitions: Honorable Mention, "Brickell Avenue Bddge Competition," 1990 Coordinating Architects with Principal Architect Kertzo Tange, Tokyo, Japan, "Dade County Administration Building," July, 1978 Honorable Mention, "Biscayne West Competition," Paul Rudolph and Harry Weese. Judges, 1975 Fimt Pdze, "Architecture 1980 Competition," R. Buckminster-Fuller, Judge, 1972 Professional Associations: National Fire Protection Association (NFPA), 1985-Present Member of the Technical Committee of Building Con.ruction Member of the Technical Committee of Fire Safety Symbols National In~tute of Building Sciences(NISB), 1999-Present Member of National CADD Standarcl Project Committee Member of the Futura Trends Task Team Member of the Object b'tandards Task Team Foundation for Modem Architecture, Inc., 1992-Present Member of the Board of Directors Civic Associations: AGENDA ITEM Concept House, Inc., a residential sub~ance abuse facility ~JO. Member of the Board of Directors 1978-2000 President, 1996-2000 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To appoint 2 members to serve 3-year terms, expiring on October 1, 2004 on the Affordable Housing Commission. CONSIDERATIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 91-65 to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inclusionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. Five members are appointed by the County and 4 appointed by the City. After initial appointments, terms are 3 years. A list of the current membership is included in the backup. The terms for Christine E. Chesser and Mark L. Lindner (representing the County) expired on Gci. uber 1, 2001. A press release was issued and resumes were received from the following 2 interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. [ Joseph G. Foster I Attorney/subsidized housing facilities 2 /Yes INone William R. Cadwallader Attorney/Business Administration ,,2 } Yes I None COMMITTEE RECOMMENDATION: No recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 2 members to 3 year terms on the Affordable Housing Commission, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 13, 2001 Affordable Housing Commission Work P/tone zlppt'd Exp. Date Term ]Vame Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Christine E. Chesser 436-§9@0 11/24/98 10/01/01 3 Years 682 8th Street North, Apt. #1 643-3707 Naples, FL 34102 District: 4 Category: County At Large/Fiscal Mgmt Mr. Mark L. Lindner 262-4333 05/17/94 10/01/95 1 Year 3199 60th Street, S.W. 11/24/98 10/01/01 3 Years Naples, FL 34116 District: 3 Category: County/Realtor Mr. Mario M. Valle 455-7754 10/24/00 10/01/03 3 Years 961 Murcott Drive 348-0190 Naples, FL 34120 District: 5 Category: Realtor/Affordable Housing Mr. W. Jeffrey Cecil 263-8898 10/14/97 10/01/00 3 Years 1984 Mission Drive 10/24/00 10/01/03 3 Years Naples, FL 34109 District: 2 Category: County/Atty-Affordable Housing Dev. Mr. David Ellis $@2-~100 01/09/01 10/01/02 1.5 Years 9625 Deepwater Court Naples, FL 34109 District: 2 Category: Building Industry Mr. Bruce Mumm 11/04/96 11/03/99 3 Years 1009 29th Avenue, North 12/15/99 12/14/02 3 years Naples, FL 34103 District: 4 Category: City At Large/Architect Wednesday, January 10, 2001 Page I of 2 AGENDA ITEM ,.,.,ul Affordable Housing Commission IVorlt Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. John F. Houton 12/15/99 12/14/02 3 Years 275 Yucca Road Naples, FL 34102 District: 4 Category: City/Attorney Ms. Gerry Moore 04/05/00 04/04/03 3 Years 3390 Mystic River Drive Naples, FL 34120 District: 4 Category: City Ms. Vanessa Fitz C¢5' °° 643-4955 04/01/96 10/01/98 3 Years 2460 14th Street North 261-0275 10/07/98 10/06/01 3 Years Naples, FL 34103 District: 4 Category: City/Real Estate This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor [he implementation of the Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. 5 members appointed by the County and 4 members appointed by the City. Tara A. Norman, City Clerk 434-4701 FL STAT none Staff: Greg Mihalic, HUI Director. 403-2330 MEMORANDUM DATE: August 20, 2001 TO: Vinell H~ls, Elections Office ruoM: S,,e Board of County Commi~qsioners "~ 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 commi~qsion district in which each applicant resides. AFFORDABLE HOUSING COMMISSION COMMISSION DISTRICT Joseph G. Foster 7509 Cordoba Circle ~,.~. .~--- Naples, FL 34109 Thank you for your help. AGENDA ITEM No. pg. MEMORANDUM DATE: August 20, 2001 TO: Crreg ~c, HUI Director FROM: Sue Filson, Administrative ~ Board ofCoumy Com.~;~ioners RE: Affo~le Housing Commission As you know, we currently have vacancies on the above-relkre, nced advisory committee. A press release was issued requesting c/tizens interested in serving on th;~ committee to subrr~t a resume for consideration. I have attached the resumes received for your rev/ew as loews: Joseph G. Foster 7509 Cordoba Circle Naples, FL 34109 Pteose let rr~ know, in writing, the reco,~,i;e~dadon for appo~nt of the adv~ 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, plea.se call me at 774-8097. you for your attention to thi.q m~ter. SF JOSEPH G. FOSTER 7509 Cordoba Circle ,~.~JC Naples, Florida 34109 (941) 566-8586 ~-mail: KnJFoster~aoL corn August 13, 2001 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Re: At Large Member to the Affordable Housing Commi ssion Dear Mrs. Filson: Please accept this letter and the enclosed resume as an application for the At-Large opening on the Affordable Housing Commission. I believe both my professional experience and my personal interest in the area of affordable housing would serve the commi.~sion well. As you can see, I am currently an attorney with the law firm of Cnmmings & Lockwood practicing in Naples, Florida. Before moving to Collier County in November of 2000, I was a practicing attorney in Cleveland, Ohio and represented the ownership of three federally subsiclized housing facilities through building code enforcement and environmental compliance issues, rehabilitation financing and construction, and HUD contract exten_~ion negotiations. During this time I also represented a non-profit corporation focusing on the purchase and redevelopment of a mid-town corridor of downtown Cleveland. Prior to going to law school I worked in higher education in the area of student affairs at the University of Michigan. During my time as the Fraternity Coordinator I worked with the Ann Arbor City Council and Planning Commission and assisted in amending ,Ann Arbor's zoning code and its Master Plan. I was also appointed by the city council to a citizen's task force to monitor the implementation of the new Master plan I am eager to get involved in Collier County and this is an area that I am personally interested in and fits within my professional experience. Sincerely, oseph G. Foster JOSEPH G. FOSTER 7509 Cordoba Circle Naples, Florida 34109 (941) 566-85116 EDUCATION: Case Western Reserve University. School of Law Cleveland, Ohio /D, 1997. Cum laude. GPA 3.52/4.0. Top 15% of class. Merit Scholarship Recipientz 1995 - 1997. National Moot Court Team, 1996 - 1997. University of Michigan Ann Arbor, Michigan BA inHistory, 1989. C~A 3.24/4.0. PROFESSIONAL Cummings & Lockwood Naples, Florida EXPERIENCE: Associate Attorney (2000-Present) Attorney specializing in commercial and probate liti~fion. Represent clients in state and federal courts in all areas of commercial and probate litigation including breach of contract, creditor collection, general commercial issues, will contests, and guardianships issues. Admitted to practice in the States of Florida and Ohio, the United States District Courts for the Middle District of Florida and the Northern District of Ohio, and the United States Court of Federal Claims. Member of the American Bar Association, the Florida Bar Association, and the Collier County Bar Association. Member of the American Bar Association's Forum on Afford,able Etou~ing and Commllnity Development Law. Ulmer & Berne, LIP Cleveland, Ohio Associate Attorney (1997 - 2000) Attorney specializing in commercial and complex litigation. Represented clients in state and federal courts in all areas of commercial liti~ntion including real estate, creditor and debtor collection, the Uniform Commercial Code and other general commercial issues, and commercial bankruptcy matters. Involved in complex and multi-district litjgntion in varions federal and state courts including pleadings, discovery, motion practice, depositions, hearings, trial preparation, and trial. University of Michigan Ann Arbor, Michigan Fraternity Coordinator (1991 - 1994) Guided thirty-nine fraternities and the Interfraternity Council. Mediated between student and community O~l~ni:rntions, including the City Council, Planning Commission, neighborhood assoc/ations, police and fire departments. Managed all aspects of crisis situations including media, university, community, police, fire, and family considerations. Counseled students who were dealing with drug and alcohol abuse, sexual ass.~lt, suicide, hazing, raci~n, battery, and other in,appropriate conduct. Assembled a campus-wide, student-run alcohol policy, and r~r~m'liTl~d tile Stlld~llt jlldiCi,'tly. Helped to amend the Ann Arbor Master plan. Noise Ordinance, and Zoning Code. Alpha Tau Omega National Headquarters Champaign, Illinois Coordinator of Risk Management (1990 - 1991) Educated alumni, un--s, and college administrators on strategies to reduce liabilities in fraternities. Investigated alleged violations of national risk management policy and enforced minimum standards and expectations for undergrach~t~ members. Managed the investi~a_tive duties of a five member professional staff, and presented numerous educational seminars to audiences of twenty to three lmndred people. Leadership Consultant (1989 - 1991) Traveled to seventy-two chapters in thirty-six states as a professional consultant in oi~ nj:rational management, community relations, and leadership development training. Worked ¢lozely with college administrator, fitgulty, alumni, and students to set goals and solve ~:)blem-q within ualdergTncl_~mte '~' chapters. Assisted in planning two national conventions, twenty-fou ~gion~t'ere~ce~-.and the hiring and trnining of four professional staff members. -AGENDA ITEM ACTIVITIES: Leade~hape, Inc., Le~I Facilitator University of Michigan Club of Southwest Florida i .... ' , ~ ,_¢U! pg. Raybum Cadwallader 1090 Egrets Walk Circle Pelican Marsh Naples, Florida 34108 Telephone: 941-514-4082 Email: Raysteaml @aol.corn Vocation Common Cause, Columbus, OH Executive Director, Ohio 1998 - 2001 Managed and developed statewide nonprofit corporation. Organized a multi-group coalition to undertake a forum on issues pertaining to an Ohio Supreme Court election wherein more than $12,000,000 of third party undisclosed hard money was spent to defeat a candidate running for reelection. Drafted proposed changes to state laws and lined up sponsors for said legislation. Monitored state laws pertaining to governmental ethics, filed complaints on behalf of discontented constituents, initiated legislation to open access to government records, investigated inappropriate governmental agency efforts to preclude access to information, and developed distdct chapters to monitor politics on the local level. Organized coalition of organizations including The League of Women's Voters, Sierra Club, AARP, and the Ohio Newspaper Association to instigate changes in inadequate state laws and to lobby federal legislators for passage of the McCain Feingold Bill. Managed statewide logistics and media coverage for major public relations effort associated with campaign finance reform including "Granny D" walk across the country. Credo Incorporated, Cincinnati, OH President/Owner 1987 - 1998 Successfully developed regional lobbying organization across six-state region to support development of new federal highway. Efforts included presentations before congressional committees. Various segments of the corridor are currently under completion. Developed marketing and business plan for Commerce Bank of Amedca. Gained approval from Ohio Division of Banks for IPO for this new institution. Revitalized portion of Cincinnati, Ohio under contract with the City through development of Adam's Landing, a 100 unit riverside luxury condominium project. Toledo Lucas County Port Authority, Toledo, OH Director, Economic Development 1986- 1987 Established area-wide public agency for economic development efforts across 5 counties in Northwest Ohio. AGENDA ITEM Metropolitan Research & Development, Cincinnati, OH President 1974 - 1986 Consulted government agencies on urban redevelopment. Developed large commercial projects including: Madisonville Central Business District and Eastwood, a 98 acre tract including Coca- Cola Bottling Works, US Shoe Warehouses and office complex, and two Hamilton County facilities for the mentally retarded (total new investment about $120,000,000) D.H. Baldwin Company, Cincinnati, OH Executive Vice President, Baldwin Mortqaqe Company 1972 - 1974 Managed and liquidated surplus real estate that resulted from company mergers and acquisitions. Organized a subsidiary mortgage banking company. Hyde Park Savings & Loan, Cincinnati, OH President 1968 - 1972 Managed $40,000,000 financial institution and 30 person staff. Increased assets by $18,000,000 Ohio General Assembly State Representative 1964 - 1968 Represented 66th District. Initiated and passed approximately 30 laws. Chairman, Insurance Subcommittee. Member of Judiciary, Commerce, and Reference Committees. Introduced various important legislation including establishment of statewide Scenic Rivers. Walldon Incorporated/First National Bank, Cincinnati, OH Vice President 1964 - 1968 Called upon real estate developers for commercial mortgage loans, submitted loan packages to lenders and became a registered real estate associate. Fifth Third Bank, Cincinnati, OH Commercial Loan Officer 1956 - 1962 Analyzed commercial credit and developed new business. EDUCATION BA, Business Administration, University of Cincinnati, Cincinnati, OH 1954 LLB, DJP Salmon P. Chase Law School, Cincinnati, OH 1959 ,---- Member, Ohio Bar since 1959; certified by Ohio Supreme Court AGENDA ITEM L;JUi AVOCATIONAL Ohio Presbyterian Retirement System, Board Member, 1997 - 1999 Habitat For Humanity of Cincinnati, Board Member, 1993 -1998 Village of Terrace Park, Mayor, 1976-1980 Hazelwood Improvement Corporation, Legal Counsel, 1972 - 1984 Village of Ten'ace Park, Treasurer, 1972 - 1976 Cincinnati Chamber of Commerce, Chairman, Legislative Affairs, 1974 Southwestern Ohio Regional Transit Authority, Board Member, 1980 - 1986 Cincinnati Junior Chamber of Commerce, 1960-1962, President, 1962 I have been a guest lecturer at: Harvard University (subject- The Planning Process Working With Nonprofit Corporations) University Of Cincinnati School of Architecture (subject- How to tear down 1020 Units of dilapidated FHA Housing) St. Ursala College (subject- Roberts Rules of Order) During my career, I have been a debater before large groups. I have been interviewed no less than 300 times by radio and television program hosts. I have been on no less than 200 court appointed arbitration panels. At one point in history, I successfully lobbied for pretrial intervention in Ohio. I do not even know what a fair charge for my services is. I would suggest that we start a two tiered schedule as follows: $4.00 an hour for all desk, travel and computer time $25.00 an hour for all appearances Expenses of AOL monthly fees and car expenses If this is not satisfactory, then please counteroffer I can give you as many justices in Ohio and Flodda as references if you desire. AGENDA ITEM EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on October 6, 2005 on the Golden Gate Beautification Advisory Committee. CONSIDERATIONS: This 5 member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district that was formed for the purpose of beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. The term for Ms. Cheryle L. Newman expiring on October 6, 2001. A press release was issued and resumes were received fi.om the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Cheryle L. Newman Precinct 626 3 Yes GG Beautification Adv Corem RE-APPOINTMENT GG Community Center Adv Corem Allison Zablo Precinct 627 3 Yes None COMMITTEE RECOMMENDATION: Re-appointment ofCheryle L. Newman FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to the Golden Gate Beautification Adviso~ Committee, and direct the County Attorney to prepare a resolution conth'ming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 13, 2001 MEMORANDUM DATE: August 20, 2001 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative AssistattI/~. 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. GOLDEN GATE BEAUT ADV COMM COMMISSION DISTRICT A1Hqon Zablo 3018 41~t Terrace, S.W. Naples, FL 34116 -7-, Cheryle L. Neman ' 5101 31't Avenue, S.W. "-, Naples, FL 34116 :') Thank you for your help. (z'.'..- Golden Gate Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 momber committee was oreated by Ord. No. 87-78 to advise and recommend as to the beauthScafion and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. The committee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3, 1996, by Ord. No. 96-50 and 96-51. Precincts are 623, 624, 625, 626, 627, and part of 622 FL STAT 125.01 Staff: Mike Levy, Senior Socretary, Transportation: 774-8494 ~- I~ednesday, September 12, 2001 Page 2 of 2 '~'AGENDA '[ - *' ' ,.., NO. otc'" Golden Gate Beautification Advisory Committee Name Work Phone /Ippt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Phi[lip E. Mudrak 12112/00 10/06/03 3 Years 4396 20th Avenue, S.W. 352-4472 Naples, FL 34116 District: 3 Category: Precinct 625 Mr. Bonnet G. Bacon 11/07/95 10/06/98 3 Years 2570 47th Terrace, S.W. 455-4373 02/09/99 10/06/02 4 Years Naples, FL 34116 District: 3 Category: Precinct 623/626 Ms. Sabina Musci 10/04/94 10/06/98 4 Years 4470 32nd Avenue, S.W. 02/09/99 10/06/02 4 Years Naples, FL 34116 District: 3 Category: Precinct 627 Mr. Glenn E. Wilt 09/11/01 10/06/05 4 Years 5019 31 st Avenue, S.E. 353-6~43 Naples, FL 34116 District: 3 Category: Precinct 625 Ms. Cheryle L. Newman 11/07/95 10/06/97 2 Years 5101 31st Avenue, S.W. 353-7~9 12/16/97 10/06/01 4 Years Naples, FL 34116 District: 3 Category: Precinct 626 Wednesday, September 12, 2001 Page I of 2 - - A~DA I'rEM Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners From: Michael S. Levy, Administrative Secretary, Landscape Operations Date: 10122/01 Subject: Application for Golden Gate MSTU Advisory Committee The Golden Gate MSTU Advisory Committee has approved the application of Cheryle Newman to continue on the advisory committee. /mi Transportation Services Department MEMORANDUM DATE: August 20, 2001 TO: Mike Levy, Senior Secretary, Transpo~rt~tion Department FROM: Sue Filsort, Administrative Assistatnt--~f Board of County Commi.~sioners RE: Golden Gate Beautification 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 restm~ for consideration. I have attached the resumes received for your review as follows: Alli~n Zablo 3018 41~ Terrace, S.W. Naples, FL 34116 Cheryle L. Newman 5101 31" Avenue, S.W. Naples, FL 34116 Please let me know,'in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi.me, and I will prepare an executive sumnmry 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 New Page 1 Page 1 of 2 Applicatio _n~r.~o~. ~. ~d~?~j Committees/Boards Collier CountyBoaffi of Commi~i~ , ..; ,c q :; .~0".3~ 3301 East Tamiami ' Naples, FL :- I I Please list ~ur cmmrmnity activities givic clubs, migl~orlzmd associatlom, etc. ard positions held: -/r~-_~2~,_0~, ,~-rS~A~ ~( ~/~D~_~-u~". http://co.colller.fl.us/bcc/advisory%20application, htm i',.~ '~ ~ ~ 08/13/2001 INCOMING FAX FROM TUFF 1172~ Collle~ Blvd. Urttt C ° Naples, FL 34]] (941) 353-0~ · F~ (941) 353-9040 E-m~: ~ubHca~o~e~Hnk. net ~.gold~gnt~g~e~e.eom PUBLI~TIONS INC. ~~g~-~~o.~o~ N~S SHOPPER · N~I,ES ~MES . GOI.DEN G~E G~E~ · ~G~ES ECHO COVER SHEET FROM: ~"~y'z~- /, /7,/~--7~./~.,q.xY PHONE #:_ 3..~_~- ~9 ~/c_/9/ NUMBER OF PA GES: '~ INCLUDING COVER Cheryle I~ Newman 5101 31~. Avenue, S.W. Naples, Florida 34116 Bir dld¥ 2~/~o.l.. .com 941-353-7969 August 2, 2001 Ms. Sue Filson Administrative Assistant Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 RE: Golden Gate Beautification Advisory Committee - Term Expiration Dear Ms. Filson, Please use this correspondence as my "Letter of Interest" in continuing my participation with the Golden Gate Beautification Advisory Committee. I realize October 6, 200I will complete my second term on this BCCC appointed board, but would respectfully request I be considered for one (1) additional term. I have included per your request, a current copy of my resume. Thank you in advance for your consideration. If you have any questions regarding this request, please feel free to contact me at 353-0~,44 (w) or 353-7969 (h). Sincerely, AGENDA ITEM [ Z 'H qgql'ON n~NnTiv~lafin4 44nl ~vqq:/ lnnz 'z ,~nV Cheryle L. Newman 5101 31st Avenue, S.W. Naples, Florida 34116 941-353-7969 E-Mail Birdldy2@aol.com EDUCATION Grade School - Fraser Public Schools Fraser, Michigan High School - Fraser Public Schools Fraser, Hichigan Graduation - June 1964 College - Ferris State University Big Rapids, Michigan Associates WORK EXPERIENCE BUDD COMPANY - DETROIT, MICHIGAN NOV. 1965 - JULY 1968 CLERK WPIST/FILE CLERK/STATIONERY STORES - SALES & ENGINEERING DEPT. Order and supply all stationery items to the Sales and Engineering Departm~Ls. All central filing of Sales Ordem, etc. for the Sales Department. DESIGN PRODUCTION INCORPORATED - ALEXANDRIA, VIRGINIA SEPT. 1968 - APRIL 1969 "One Gift Office" ASSISTANT TO: PRODUCTION MANAGER TRAFFIC MANAGER PURCHASING MANAGER ART DEPARllVlENT MANAGER BUDD COMPANY ~ DETROIT, MICHIGAN FEB. 1970- JAN. 1971 STENOGRAPHER - PURCHASING DEPARTMENT Secretary to the Capital Equipment Buyer, Head Steel Buyer and Head Tooling Buyer. BUDD COMPANY - DETROIT, MICHIGAN NOV. 1973- DEC. 1993 PURCHASING DEPARTMENT 1973-1981 - SECRETARY 1981-1984 - WHEEL & BRAKE DIVISION CONFIDENTIAL SECRETARY 1984-1985 - ADbllNISTRATIVE SECRETARY 1985-1989 - SENIOR BUYER NAY 1989-NOV. 1989 - CONFIDENTIAL SECRETARY TO THE PRESIDENT. NOV. 1989-DEC. 1993 - ADMINISTRATIVE ASSISTANT-SENIOR BUYER Purch~ing items of responsibility have consisted of stationery supplies, perishable too~ing, nuts and bolts (smaJI fasteners), beating cups, hubs and forgings, office equipment (faxes. copy machine~, etc.) office services (]a~tod~J, temporar~ employees, equipmerrt se~ces, etc.) telephone system, vehicles and all H.R.O. ~tems for the Farmington Hills Offices. TUFF PUBLICATIONS - NAPLES, FLORIDA MAY ZOO0 - FEBRUARY 2.001 OFFICE MANAGER I~u~RCH ZOO1 - PRE5ENT GENERAL MANAGER Past President - Golden Gate Area Civic Assodation Golden Gate Area Civic Assodation - Board of Directors Golden Gate Volunteer Code Enforcement Group Co-Chairman Golden Gate Beautification Advisory Committee Past Chairman - Golden Gate Civic Adopt-A-Road Program Past Chairman - Golden Gate Community Center Advisory Board "Citizens on Patrol" Volunteer Civic As,sodation Golden Gate Womens Club - President - 2000101 Golden Gate Kiwanis - Board of Directors Sheriffs Golden Gate Community Advisory Committee StaLe Rep. Dudley Goodlette Advisory Committee Graduate of Collier County Sheriffs Citizens Academy C.E.R.T, Graduate - First Team - Golden Gate Fire & Rescue District AGENDA ITEM Recommendation letters available upon request. NO. ,~ 'A CN(]i'Okl flqMNIlWqi'l~IN,4 JJfll NWQC'/ INfl7 '? '~IW EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE PUBLIC VEHICLE ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members, 1 Affiliated and 1 Non-AfiVdiated, to expire on September 2, 2005 on the Public Vehicle Advisory Committee. CONSIDERATIONS: The Public Vehicle Advisory Committee has 2 terms expire on September 2, 2001. Three members must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and two members who are in no way affiliated or associated with the vehicle for hire business. This 5 member committee, plus 1 alternate member, reviews and approves; applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ordinance 91-93. Terms are 4 years. A list of the current membership is included in the backup. The terms for Mr. Clifford Wesley Flegal (non-affiliated) and Thomas W. Lugrin (affiliated) expired on September 2, 2001. A press release was issued and resumes were received fi.om the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Allen B. Waiburn Non-affiliated 4 Yes None Dan Shriner Non-affiliated 1 Yes None Clifford Wesley Flegal, Jr. Non-affiliated 1 Yes PVAC & Code Enforcement Bd Re-Appointment Eric N. Hyde Affiliated 2 Yes PVAC I Currently Aiternnte NOTE: If Mr. Hyde is appointed as a regular member, the Board will need to appoint someone to fulfill the remainder of the Alternate position COMMITTEE RECOMMENDATION: Quasi Judicial - No Recommendation Accepted FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commi~ioners Agenda Date: NOVEMBER 13, 2001 AGENDA ITEM Pg.- ! _ Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners From: Uichelle E. Arnold, Code Enforcement Director Date: October 22, 2001 Subject: Public Vehicle Advisory Committee The resumes for the vacancy in the Public Vehicle Advisory Committee have been reviewed. These applicants meet the ordinance requirements as follows: Dan Shriner Non-affiliated Clifford Wesley Flegal, Jr. Non-affiliated Allen B. Walburn Non-affiliated MEAJmc Code Enforcement Department Community Development & Environmental Services Divisio ~n~__ j Public Vehicle Advisory Committee Work Phone Appt'd Exp. Date Term 2Vame Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Clifford Wesley Flegal, 09/02/97 09/02/01 4 Years P.O. Box 2663 774-9674 Naples, FL 34106 District: 1 Category: Non-Affiliated Mr. William J. Csogi 10/26/99 09/02/00 1 Year 202 Woo&shire Lane 435-1157 08/01/00 09/02/04 4 Years Naples, FL 34105 District: 2 Category: Non-Affiliated Ms. Patricia M. Baisley 282-1312 06/08/93 09/02/96 3 Years 2725 70th Street, S.W. 840-0488 10/10/00 09/02/04 4 Years Naples, FL 34105 District: 2 Category: Affiliated ~-- Mr. Bryan L. S. Pease 281-5151 06/04/96 09/02/96 3 Months 1300 Wildwood Lakes Blvd. No. 2 08/01/00 09/02/04 4 Years Naples, FL 34104 District: 3 Category: Affiliated Mr. Eric N. Hyde $@4-6017 05/23/00 09/02/04 4+ Years 548 Ibis Way 513-9311 Naples, FL 34110 District: 2 Category: Alternate/Affiliated Mr. Thomas W. Lugrin 598-3300 06/04/96 09/02/96 2 Months 42 Mentor Drive 09/02/97 09/02/01 4 Years Naples, FL 34110 D~rict: 5 Category: Affiliated ~uesday, October I0, 2000 Page 1 of 2 ~0. __ q ~) i,o',s i3 Public Vehicle Advisory Committee Name FYork Phone /Ippt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member and 1 altemate member wa~ created by Ord. No. 86-4, re-established by Ord. 91- 93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 91-93. Membership consists of 3 members who must be holders of Certificates to Operate a motor vehicJe for hire company in Collier County, and 2 members who are in no way affiliated or associated with any holder of a certificate. Terms are 4 years. FL STA T: Staff: Michelle Arnold, Code Enforcement Director:. 403-2413 Tuesday, October 10,'2000 ' Page 2 of 2 REGISTRY Octobc-r 29, 2001 Ms. Sue Filson EXecutive Manager Board of County Commi-qsioners 3301 East Tan,dami Trail' Naples, FL 34112 Dear Sue: I am curremly serving as an alternate member of the Collier County Board of Commissioners' Public Vehicle Advisory Committee and would like to he considered for a regular membership. Please feel free to contact me at 594-6002 if you have any questions or comments. Er/c/N. Hyde Director of Food and Beverage and Conference Services 2,30; MEMORANDUM DATE: October 16, 2001 To: Vinell Hills, Elections Office FROM: Sue Filsoa, Administrative Assist 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. PUBLIC VEHICLE ADVISORY COMMITTEE COMMISSION DISTRICT .~t rt ~'~ Dan Shriner ~. ' ~. ' Naples, F£ 34107 ~ Clifford Wesley Flegal, Jr. t.,.. 6590 Beach Resort Drive, #2 Naples, FL 34114 Thank you for your help. MEMORANDUM DATE: July 24, 2001 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistm~ 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. PUBLIC VEHICLE ADVISORY COMMITTEE COMMISSION DISTRICT Allen B. Walburn 925 8~h Avenue South Naples, FL 34102 Thank you for your help. ~DA ITEM No. MEMORANDUM DATE: July 24, 2001 TO: Michelle Arnold, Code Enforcement Di/r,~c~.r FROM: Sue Filson, Administrative Assistan!,,d~ Board of County Commissioners RE: Public Vehicle 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 tiffs committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Allen B. Walburn 925 8'h Avenue South Naples, FL 34102 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. Attachments AGENDA ITEM From: Allen Walbum To: sue fllson Date: 7/3101 Time: 9:58::28 AM Page 1 of 1 ECE VE© Allen B. Walburn 925 8th Ave S ,JUL 0 3 200I Naples, FL 34102 941-263-8833 . uly 3, 20ol Sue Filson Board Of Conunissioners Collier County. Building F Naples, Fl 34112 Dear Ms. Filson, I would like to apply for the vacancy on the Collier CounD' Public Vehicle Advisory Board. I own and operate A&B Charters, Inc. We operate charter boats as well as manage group and corporate events here in Naples. Our company has been doing business in Collier County for 21 years and I have been a resident for 23 years. I can furnish a number of business references if needed. Any consideration you might give to this request would be greatly appreciated. Sincerely, Allen B. 'sValburn "- MEMORANDUM DATE: October 16, 2001 TO: Michelle Arnold, Code Enforcemen lZ irector FROM: Sue Filsorz, Administrative Assist~---5~){~ Board of County Commissioners RE: Public Vehicle 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: Dan Shriner P.O. Box 770273 Naples, FL 34107 Clifford Wesley Flegal, Jr. 6590 Beach Resort Drive, #2 Naples, FL 34114 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 09/28/01 14:20 F.~Y 941 403 2345 COK~IUNITY DEVELOP~IENT [~002 P.O. tk~ T702'73 'lqapl~% FL 34107-O271 941-712-63'31 - ~ phone 941-272-$361 - ~phon~ $~l~'mb~ 21, 2001 Re: PVAC Board l'm ~ a copy of my ~ ap_d would lilcc ~ volum~r my ~ic~ ~ ~ ~AC ~~. S~ely, 09/28/01 14:20 FAX 941 403 2345 COM~f[~ITY DEVELOPMENT ~003 Fi:~DM :SL$'unl~m£+,,~d. FF:tX NO. :914~1 S~p. 2~ L:::~]O1 03;2E~DM p~ DAN SHRINER p~.O. Box 7702T~ QUA~CA 15 SLS L'mqm~*~d - Naples, FL Suly 2DOl - Pr~ Republic S~ms - K~ W~, ~ ~y 1~8 - ~1 ~ = N~les, ~ 1~2 - I~ (~Ri~ ~h ~ ~ C~ C~ - Meibo~ ~ 1998 - ~lbo~e ~to~n, Md~ y% 1987 ~ ~ (Se~-~ploy~. ~ Veg~ ~ 1986. 1987 ~ g~m (S~mp~y~. ff~m M~! - Columb~ ~ 1983-1995 S~ ~p & S~e (~umploy~) - H~~ ~ 1972-19~ (sold Ind~ Oh~ & K~y ~NAL Hobble: Tennis, Swimming amd Cycling S*lfDe~ptlon: Podtiv~ helpfut and Mert SEP--24--01 MOh~ 1~ :40 C W FLE~AL 941 ??4 2~80 P.O1 September 24, 2001 Board of County Commissioners ColLier County Collier Government Complex Naples, Florida 34112 Attention: Mrs. Sue Filson RE: Public Vehicle Advisory Committee Do to a recent advertised opening, I am submitting this request for consideration for a permanent position, as a non-at~ated representative, on the Collier County Public Vehicle Advisory Committee. I have a varied background which includes; contracts, real estate, community association management, additionally I have served on this committee for the past four (4) years. I have lived in Collier County for thirteen (t3) years and have been an active member in various activities, currently including the Code Enforcement Board, on %vhich I have served as Chairman for the past four (4) years. I believe that it is irn.mnant to volunteer ones' time to service in the community. I would like to be considered for reappointment to the referenced committee. Thank you for your consideration. Clifford Wesley Flegal Jr. AGENDA ITEM Pg. ___]-~ CLIFFORD WESLEY FLEGAL JR. 6590 Beach Resort Drive #2 Naples, Florida 34114 941-774-5966 A resident of Collier County since '88, a resident in the Lely community since '92 12 YEARS --- REAL ESTATE Licensed Real Estate Broker (CliffFlegal Real Estate) Respons~ilities include the operation ora real estate brokerage faro, for the purpose of selling residential and commercial properties. Also, the management of various properties for short and long term rental. 10 YEARS -- COMMUNIIY ASSOCIATION MANAGEMENT Licensed Community Association Manager ( CAM ); Responsibilities included daily operational management of condominium associations in the Vineyards, PcIicaJa Bay and Bonita Bay. Significant hands on working knowledge of finance/budgets, employee/contractor management, required Florida Statutes and Administrative Codes, Articles of Incorporation, Declarations of Condominium, By-Laws, and Rules & Regulations. Excellent interpersonal skills with board members, owners, employees, attorneys, contractors and governmental bodies. 28 YEARS --- CONTRACTS & LOGISTICS, worked under NASA; DEPARTMENT of DEFENSE and DEPARTMENI of ENERGY Responsibilities included writing and negotiation of multi~million dollar contracts for various aircra~ systems, space flight systems, weapons' systems, nuclear system components, nuclear medicine systems and facilities construction; logistics management for transportation of various hazardous, radioactive and nuclear materials throughout the world; manage~nt of various departments and operational responsibility for budgets in excess of one million dollars. Detailed working knowledge of contracts, legal aspects, specifications, blueprints and various Governmental regulatory requirements. Strong problem solving skills with ability to work well with and supetwise others. Chairman - Collier County Code Enforcement Board Past Vice Chair - Collier County Public Vehicle Advisory Committee Past President - Lely Civic Assn., Inc., a Homeowner Association of 480 members in Lely. Past Treasurer - Ironwood Inc., a Condominium Association SEP--24--01 MO~ 15:41 C W FLEGAL 941 ?74 2580 P. 02 School I-Iistory Oraduate - Valley Forge ~ Acaclemy and College, Wayrie, PA Various college cours~ - Accounting, Contr~ts, O~ce Management, Contract Law, Purcllashlg Various evening courses - Negotiation Techniques, QA Audits, Logistics, Inventory Control, Government Contract Law, Government Property Management, Traffic Management RAM Transportation, Word Perfect Personal References Mi-. Abe Skinner, 4415 Kathy Avenue, Naples, FL 34104 (643-0082) Mr. Gary Zappo, 3181 Alden Pond line, Eagark MN 55121 (612-590-9576) EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE VANDERBILT BEACH BEAUTlJFICATION MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint members to the newly created Vanderbilt Beach Beautification MSTU Advisory Committee. CONSIDERATIONS: The Vanderbilt Beach Beautification MSTU Advisory Committee was established on July 31,2001 by Ordinance No. 2001-43. This 5 member committee will aid and assist the BCC in carrying out the purposes of the MSTU, to prepare and recommend to the BCC an itemized budget for the MSTU and recommend work programs and priorities to the County Manager.. Members must be permanent residents within the MSTU. After initial appointments, terms will be 4 years. A press release was issued and resumes were received ~om the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Eugenia D. Lydon Resident 2 Yes None ~chard E. Lydon Resident 2 Yes None Frank Halas Resident 2 Yes None Betty Jane Savard-Boyer Resident 2 Yes None COMMITTEE RECOMMENDATION: New Committee - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared BY: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 13, 2001 AGENDA ITEM P~._,l ~ Memorandum To: Sue Filson, Executive Manager Board of County Com~'~i/oners From: Edward J. Kant, P.E. ~ Transportation Operations Director Bate: October 24, 2001 Subject: Vanderbilt Beach Beautification MSTU Advisory Committee Thank you for providing the names of those interested in serving on thc subject committee. We have reviewed the rdsum~s as requested; however, you asked us to categorize the applicants in areas of expertise. There is no specific expertise requirement or exclusion of which we are axvare in the enabling Ordinance. That said, we offer no particular categorization. We would like to point out that two of the applicants are husband and wife. We are unaware of any other Advisory Committee to the Board of County Commissioners that has both husband and wife on the same committee. If one or the other were deemed to be ineligible for this committee, and if the other two individuals were deemed to be acceptable by the Board, then there would be three initial Committee members and we would have a quorum to conduct business. Would it be possible to re-advertise for committee volunteers so as to recruit the other two vacancies? Please advise if you need anything additional at this time. cc: Pam Lulich, ASLA, Landscape Operations Manager Bob Petersen, Landscape Operations MSTU Liaison File: Vanderbilt Beach Landscape MSTU Transportation Operations Department MEMORANDUM DATE: October 22, 2001 FROM: Sue Filson, Executive Manag~/~r-f[ 1 Board of County Commissionei'~' 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. VANDERBILT BEACH BEAUTIFICATION MSTU ADV COMM COMMISSION DISTRICT Eugenia D. Lydon 450 Tradewinds Avenue d Naples, FL 34108 Frank Halas 405 Flamingo Avenue Naples, FL 34108 Betty Jane Savard Boyer 479 Palm Court Naples, FL 34108 r-~-, Richard E. Lydon .om~ -o 450 Tradewinds Avenue Naples, FL 34108 Thank you for your help. MEMORANDUM DATE: October 22, 2001 TO: Ed Kant, Transportation Operations/~ector FROM: Sue Filsoa, Executive Managerx<~.-~' , Board of County Commissioners RE: Vanderbilt Beach Beautification MSTU 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: Eugenia D. Lydon 450 Tradewinds Avenue Naples, FL 34108 Frank Halas 405 Flamingo Avenue Naples, FL 34108 Betty Jane Savard-Boyer 479 Palm Court Naples, FL 34108 Richard E. Lydon 450 Tradewinds Avenue Naples, FL 34108 Please let me know, in writing within the 41 day time-fi.me, if the applicants are qualified to serve as members on the board, and I will prepare an executive sununary 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 Page 1 of 1 fiison_s From: DLYDON124@aol.com Sent: Friday, September 21,2001 9:45 AM To: SueFilson~colliergov.net Subject: Vanderbilt Beach MSTU Advisory Please accept this as my application to serve as a member of the subject board. Please call me if you need further information. Thank You. Jean Lydon EUGENIA D. L~DON 450 TRADEWINDS AVENUE NAPLES, FLORIDA 34108 (941) 597-2746 RESUME BORN: September 19, 1925 at Chicago, Ill. PERSONAL: Married 4/19/47--Five children EDUCATION: St. Cas~m~r Academy -Chicago, Ill American Dress Design School-Chicago,Ill EMPLOI~qENT HISTORY: United Air Lines Real Lemon, Inc. Lydon & Associates, Inc. HONORARY POSITIONS HELD: Vice President & Treasurer, Vanderbilt Beach Property Owners Association; Vice Chair, Ft. Myers Chapter, American Sewing Guild MEMBERSHIPS: Avon Oaks Country Club Tiburon Country Club Pelican Marsh Country Club LOCAL MEMBERSHIPS: Second District Association Vanderbilt Beach Property Owners 09/19/2001 09:49 8105944778 DIANE VINCENT PAGE 01 ~, Frank Halas, ..405 Flamingo Avenue' NapleS, FL 34108 ' Ms. Sue Filson .. Adrnlni-~Crative AsSistant Board of County Commissioncm 330I Tamiami Trail East, Naples, FL 34i 12 ' Re: MSTU Advisory Committee Position Dear Ms. Filson: : I am writing to Y°u in application for appoiatmeaI to a lx~skion on the MSTU Advisory Committee, I. am a.member of the Vanderbilt Beach Property Owners Association and would serve as their representative on the Committee. My wife and I live at 405 Flamingo Avenue, the street backSng into the new Cormers-Vamlerbilt Park, I have w~C.h~, developme~: of the community. I am very i~terested in serving on this committee and' have time. and energy to devote to its activities. It is my understanding that you need backgrourd information to support this appl/cation A brief bio appoints thi.stctter. Thank you for your consideration You may reach me at 941-592-9969 if you have any quc~or~ or would like to 'discuss ~ application further. 09/19/2001 09:49 8105~44778 DIANE VINCENT PAGE 02 iBiograPhical Sketch of Frank Halas Frank Ha/as is a member of the Vanderbilt Beach Property Owners Association. He is a retiree of the Ford Motor Company who has been a full time resident of NaPles since 1999. He lived and worked in community on a seasonal basis from 1985 until his retirement in 1999. " Mr. Hala~ graduated from high school in Sandusky, Michigan in 1959. Following'graduatign, he attended the Detroit Institute of TechnologY in Detroit,. MiChigan. Where he studied Electrical Engineering. In November of I961, he joined the U.S~ Army. He was trained in Ft. Leonardwo°d, MissOuri. He.was assigned to the 592na Signal Corps, Special Troops, Berlin Brigade and was posted 'to Berlin, Germany for the duration of his enli.qtment. He was discharged in October of 1964 with the rank of sergeant 0~5). The bulk of Mr. Halas' prOfessional career was spent ~ the Noise, Vibration and HarshneSs department in the engineering division of the Ford Motor Company. He was a supervisor at the time of his retirement. From 1978 tmtil 1985 ha hi.q position at Ford, he made frequent and extended trips to southern Florida to Conduct'vehicle tearing. In 1985, Ford opened its track · . in the NaPles area and Mr. Halas became a seasonal resident. With his retirement, he and his wife moved to Naples as year-round residents and have been active'in community organizations since that time. Besides his'activities in homeowners organizations, Mr. Halas previously was '. active in boating organizations and in the past served as president of a boaters association.: He served in the PTA in various capacities including fundraising. He also was ~active in scouting including serving as an assistant scoutmaster. From 941-594-1088 to 774-3602 at 9/13/01 2:56 PM Pg 001/002 DE / FROM I TRANSMISSION 'I B. J. Savard-Boyer PhoneTools A / TO I Sue Filson 497 Palm Court ~ Naples, FL 34108 I Page(s) I 2 [] / Q 9/13/01 2:56 PM l-Message To: Ms Sue Filson This is my Resume' as an application to serve on the MSTU Advisory Committee for Vanderbilt Beach. Thank You, B. J. Savard-Boyer From 941-594-1088 to 774-3602 at 9/13/01 2:56 PM Pg 002/002 BJ (Betty Jane) Savard-Boyer 479 palm Court Naples, FL 34108 (941) 594--1977 PERSONAL: Married John C. Boyer EDUCATION: Holy Child Academy Sharon, Sharon Hill, PA Business: REALTOR - 90 hours - Minnesota 90 hours - Florida Designations: Graduate Real Estate Institute Certified Residential Specialist EMPLOYMENT: Executive Assistant - Walsh Insurance Co. 1970 - 74 Executive Assistant - Harts Advertising Agency 1974-78 REALTOR - Minnesota 1978 -1998 REALTOR - Florida 1995 - Present ELECTED OFFICES: PA President; Jr. Women's Club of Drexel Hill, PA 1968-70 MN President; HOA Heather Hills, MN 1980-82 Director: Dakota County Board of Realtors, MN 1988-90 President; Professional Women in Real Estate, MN 1988-90 FL Director; Vanderbilt Beach Property owners Assoc. 1999-01 Officer: Vanderbilt Beach Property Owners Assoc. 2001 Page 1 of 1 filson_s From: DLYDON124@aol.com Sent: Wednesday, September 12, 2001 9:32 To: SueFi]son@colliergov.net Subject: Vanderbilt Beach MSTU Please accept this email as my request to be considered for a place on the subject Advisory Board. A copy of my resume is attached for your information and file. Thank you in advance for your favorable consideration Richard E. Lydon 450 Tradewinds Avenue Naples, FL 34108 AGENDA ITEM Pg. // 9/12/2001 RICHARD E. L~DON 450 TRADEWINDS AVENUE NAPLES, FLORIDA 34108 (941) 597-2746 RESUME BORN: January 14, 1924 at Stuart, Iowa PERSONAL: Married 4/19/47--Five children EDUCATION: Greenfield High School, Greenfield, Iowa-1937-1940 University of Iowa-1940 University of Utah-1944 DePaul University-1947 EMPLOYMENT HISTORY: Elgin Travel Bureau, Elgin, Illinois 1941/3 United States Army 1943/6 Pan American World Airways 1946-1955 International Sales Incentives, Inc. 1955/6 Allen Travel Service, Inc. 1956-1966 Lydon and Associates, Inc. 1966-1985 Lydon Transportation, Inc. 1985-1995 HONORARY POSITIONS HELD: President, Cincinnati World Trade Club President, Cleveland Skal Club Charter ~?m~er, Association of Ohio Commodores Chairman, Allied Travel, Inc. Director, Cleveland Athletic Club President, Southwest Florida Regional Transportation Association COLLIER COD~TY ACTIVITIES: Collier County Public Vehicle Advisory Co~=ittee--Past Chair~n Collier County Disadvantaged Transportation Local Coordinating Board City/County Beach Renourishment\ Maintenance C~ttee-- Past Chair~- (January 4, 1996 to August 5, 1999) AGENDA ITEM pg, Page 2 MEMBERSHIPS: Cincinnati and Cleveland Rotary Clubs Avon Oaks Country Club Tiburon Country Club Pelic~ Marsh Country Club Pacific Area Travel Association American Societ~ of Travel A~ents Institute of Certified Travel A~ents LOCAL MEMBERSHIPS: Second District Association--Director Vanderbilt Beach Property Owners-- President Wiggins Pass Conservancy--Director Presidents Council of Greater Naples-- Past Chairman Memorandum To: Board of County Commissioners From: Thomas W. Oiliff, County Manag '2::~::~ Date: October 24, 2001 Subject: County Manager's Ordinance It is clear that the ordinance (No 93-72) commonly known as the County Manager's Ordinance was written to prevent elected officials of Collier County from "interfering" in the day-to-day operations and administrative work of the County Manager's staff. Please note that this provision, in different words, is also included in the Board-approved Human Resources practices and procedures (copy attached). The purpose of this, while not specifically stated, is to ensure that elected officials do not influence a staff making decisions and taking actions based on established policies and law. Although, I stated and still believe that the current practice of having the Board members forward constituent complaints directly to the staff is not contrary to the language or intent of the ordinance, I am requesting that in an abundance of caution we establish a revised process. I am asking that in the future that you forward all requests for information, questions or constituent complaints directly to my office. You are always free and are encouraged to send any correspondence, email or phone calls directly to me as you have always done. In the future for tracking purposes, I would ask that you copy Bodine.j on all e-mails to me. I am delegating to Mr. Leo Ochs all issues that relate to Public Services, Emergency Services or Administrative Services. I am further delegating to Mr. Jim Mudd all issues relating to Community Development, Transportation and Public Utilities. For e-mails I would ask that you e-mail to: Ochs_l and copy Bodinej. E-mails to Mr. Mudd can be sent to: Mudd_j with copy to Brock_re. Collectively our goal is to provide responses to the public that are quick and accurate. Achieving this goal is why we set up the initial process to have you communicate directly to the s*aff in the first place. To try and implement this revised process and continue to meet goal of public responsiveness, as a staff we are committing to an initial standard for responses back to you within five working days. Your cooperation with this process from this point forward is very much appreciated. TVVO/jb cc: David C Weigel, County Attorney ,.-. Jim Mudd, Deputy County Manager AGENDA ITF.~" Leo Ochs, Assistant County Manager ._ ? Office of the County Manager Pg' / - OYYICE OF ~ COUNTY ADMINISTRATOR ADMINISTRA~ PROCEDUR~ CAA Instruction 1002 Effective Date: September 16, 1996 SUBJECT: Staff' interface with individual Board members pUII/~)SE: Thc purpose of this Insm~ction is to provide guiclancc to members of thc Count7 Admmis~or Agency staff in dealing with requests for information, recommendations, or directives from individual members of the Board of County Commissioners. BACKGROUND: Florida Statutes Chapter 125 and Collier County Code section 2-78 delineate the separate authorities and responsibilities of the Board of County Commissioners, the individual members, and the County Admmisa'ator. The collective responsibility of the Board, as defined therein, is to legislate and set policy, and is derived from its collective authority when acting as a Board. Separately the County Administrator is responsible for ~the proper administration off all affairs under the jurisdiction of the Board" and for '~n-mging to fruition thc policies established bY the Board." Section 2-75, commonly known as the "County Administrator Ordinance", also states that "neither the Board nor any member thereof shall interfere in the performance of the duties of any subordinate of the county ' administrator.., cxcep! for thc pm-poses of inquiry and information." DIRECTIVE: ~ cases where individual commissioners contact staff members directly for purposes of inquiry or information, staff shall comply with such requests as quickly and completely as is practically possible Staff shall also inform the County Adminislrator's office of the nature of such requests and subsequent information which is provided in response. In cases where individual commissioners attempt to direct the administrative functions of the Count' AdminisWator Agency rtaff, it shall be the respons~ility of the Division Admmiswator first courteously to inform the commissioner that he or she will immediately make the commissioner's wishes known to the County Administrator, and second immediately to inform the County Administrator or such request. CURRENCY: The Office of the County Administrator is responsible for maintaining the curr~cy of this directive. Coun~ Aami~istrat°r AC~J~ID~M _ I CV 13 2001 ~ 2-zoo (11) Select, employ and supervise all personnel · · · ey. ever, the em- PlOYment of an mmiatant county admin/s- cies. ~-~ ou: its directives and poll auport authority and all division ~ (c) 1~o county conuniseioner ehall direct -  r~L ~ .require cenfirmatian by the quest the appointment of any -~ ..... or..r~ removal ~rom, oifice by the county administrator (12) SUSpend, discharge, or remove any em- or by any of his subordinates, or in any manner ployee under the jurisdiction of the board pursuant to procedunm adopted by the h~,~ take p,art in the appointment or removal (13) .tel,eft.., contracts, and other agree, county excent -- ._ ~rauve services of the p aa provmed b .... .,~um, mcmamg conaultant ~-vi--- - board of coun,,~ ~.__.._ . Y this.divimon. The me_com~, ty, subject to approval ofthe board. ~ ueai w~th the .a.~-:.,__~ ts -~--~rauve services solely and maxe recommendations concerningth~ through the county administrator, and neither nature and location of county improve, the board nor any member thereof shall interfere merits. in the Performance of the duties of any subordi- nate of the county administrator, either publicly (14) See that all terms and conditions in all or privately, except for the purposes of inquiry leases, contracts, and agreements are per- and information. A violation of the previa/ons of formed and noti~ the board of any noted violation thereof'. the administra~ve code to undertake any ~ ~ a v~oiation of this article and shall be task flor any other a~ency on a tempo bazis~lflie deema ~, ...... __rary punishable by Iai fine not to exceed $500.00 or by · --~asary mr me proper imprisonment in the county jail not to exceed 60 and efficient administration of the county days, or by both such fine and imprisonment, or government to do so. az otherwise may be provided by law. (16) Attend all meetings of the board with au- thority to Participate in the discussion of (d) Hotwithstanding any of the foregoing, the any matter. ~o~. o! rdle county administrator by the the r~ht -'"- ' - "0, ~e construed to ;l.m such _PO~. ers and duties as the board (b) It is the intent Of P.S. ch. 125, pt. HI (F.S. § right to ,~.;. ,_ , ----.---~ m~uae 125.?0 et: seq.) and this division to grant to the county adm/n!_~-ator only tho~ power~ and du- u WhO ~ hav~ sole tie~ wix/ch are admin/ztrative or .... ~.nsibfl/ty for the management of the legal nature and not to ~-~- mmmtor/al m "No. 93-72, § 3; Ord. No. 95-49, § 1, 9-12 9 ~-~ =~ unouea m the board ofcounL~ ..... '~ o- ---,.~ oozy o~ me county pursuant mu~ ~lmiaistrator, F~. § 125.74. ~ ',-,.,~ or to Fla. Const. art. VIII, § l(e). To tiffs end, the above specifically enumerated powers are to be construed as admin/strat/ve/n nature, and in any exerdse ofgovernmentM power the county admin. See~ 2-79--2-100. istrator shall only be performing the duty of Supp. No. 3 CD2:13 EXECUTIVE SUMMARY RECOMMENDATION TO CONFIRM THE APPOINTMENT OF JOHN DUNNUCK TO THE POSITION OF PUBLIC SERVICES ADMINISTRATOR OBJECTIVE: To obtain Board confirmation of the appointment of John Dunnuck to the Public Services Administrator position. CONSIDERATION: Ordinance 93-72 as amended, requires that the Board confirm the County Manager's appointment of Division Administrators. John Dunnuck has been recommended for the Public Services Administrator position beginning on or about January 1, 2002. This position supervises the following operations: Parks and Recreation, Libraries, Museums, Domestic Animal Services, Social Services, Veteran Services and Cooperative Extension Services. This position is also responsible for the oversight of contract services with the Public Health Department, David Lawrence Mental Health Center and the Collier County Film Commission. FISCAL IMPACT: Mr. Dunnuck will earn an annual salary of $83,000. Funds are appropriated in the Public Services Division operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: That the Board of County Commissioners endorse and confirm the appointment of John Dunnuck to the position of Public Services Administrator. PREPARED BY: ~~~'~ Date: REVIEWED AND,,' / APPROVED BY: ,.~__~..~_~ ~--'--'~'~-~/._ Oate: [~.;~/©~. Thomas W. Olliff, County Manager EXECUTIVE SUMMARY REPORT TO THE BOARD REGARDING DESIGNATION OF SITE FOR FUTURE COUNTY BRANCH MUSEUM ON MARCO ISLAND OBJECTIVE: To provide information to the Board regarding the feasibility of using County owned property on Marco Island as the future site of a County branch museum. CONSIDERATION: On June 12, 2001, the Board directed staff to analyze the feasibility of locating a future County branch museum facility on a three-acre parcel of County- owned property immediately adjacent to the Marco Island branch library. This directive resulted from a discussion of an unsuccessful request from the Marco Island Historical Society to the Tourist Development Council for funds to purchase property for a museum on Marco Island. Based on this directive, staff met with representatives of the Marco Island Historical Society and the architect who designed the Marco branch library to develop a preliminary concept for a future branch museum. Staff also met on two occasions with the Library Advisory Board to explain the concept and discuss their concerns. These issues are outlined in the attached letter from the Chairman of the LAB. Based on this preliminary analysis, staff has concluded that locating a future branch museum on this property is technically feasible and operationally compatible. An 8000 sq. ft. facility on the proposed site would comply with all City of Marco Island zoning requirements. Specific issues addressed included building setback and height requirements, on-site storm water management, required parking spaces and landscape standards. The parking plan for the site includes not only the number of spaces required for the future branch museum, but also accounts for the additional parking spaces that will be needed when the Library undergoes its planned 3000 sq. ft. expansion in the future. In addition, the analysis concluded that the site could be developed in a way that incorporated the gazebo, decorative benches and memorial trees currently situated on the site. A preliminary site concept drawing is enclosed. FISCAL IMPACT: There is no immediate fiscal impact to the County. If the Board ultimately decides to designate this site for a branch museum, the Marco Island Historical Society would undertake a capital fund-raising campaign to cover the design, engineering and construction costs of the project. Future costs of facility operations would be the responsibility of the County museum department. GROWTH MANAGEMENT IMPACT: There is. no Growth Management Impact associated with this item. RECOMMENDATION: It is recommended that the Board consider the information provided herein and provide further direction regarding the future use of this property. Prepared by: Leo Ochs, As~ista~ty Manager NOV 1 3 2001 LIBRARY ADVISORY BOARD 650 Ce'n~al Naple~, F~orida 34102 (9411 261-$208 www. collier-lib, org Mr. Leo Ochs, Jr. Collier County Public Services Administrator 3301 Tamiami Trail East Naples, FL 34112 Dear Leo: September 7, 2001 Thank you very much for taking the time to meet with the Library Advisory Board on August 29th. I am certain you gained a good sense of the concerns expressed with regard to the Marco Island Branch Library property. I would like to reiterate them and offer some alternate ideas for consideration. Again, I must state that, had the LAB been advised of this plan before it went to the Board of County Commissioners, the BCC would have been able to hear the concerns of the Library and might have made a different decision rather than to order a feasibility study. As you know, there has been a great deal of library construction in the past few years. In each case, the LAB has made every effort to "build it once and build it right". In the case of Marco, not only was the then existing branch far too small, its parking situation was very bad. We were aware that buildout of Marco Island would require more library space, but budget constraints plus Growth Management Plan restraints did not allow us to handle any larger building. Instead, we had steel beams installed so that a second story could be added when needed. As you heard at the meeting, buildout is now predicted by MICA to occur in 2008. This could easily mean a city of more than 35,000 people. What we were able to do was to acquire the property across Mistletoe for additional parking, knowing that we could increase the parking spaces there when they became needed. The Library already has severe parking problems in season, particularly during programs. Programs ~e scheduled at various times 5om 9 in the morning to closing time. Many of these programs have 150 or more attendees. With a branch museum on the property, we will not gain parking, rather we will lose it to museum visitors In order to respond to neighborhood concerns (and we did have a public hearing) we chose to create a passive park with the $27,000 gazebo as the central point. The acquisition of this property also solved another major problem for us. It allowed us space for water drainage, a critical concern on Marco as well as elsewhere. The gazebo has both electrical and water outlets and future programming is being planned for this site. Needless to say, our library neighbors were quite pleased with our plans to provide, even No. 'TEM ! ' '. '~ ~.OOl if only for a short term, some green space. Lack of green space is a significant problem on Marco. So we went further and created a Memorial Tree Garden. Some beautiful trees have been planted on these grounds in memory of various loved ones. Again, a significant amount of money was spent. To have this property taken away fi'om the library inventory will most definitely create a hardship in the future - to say nothing of the present. Neighbors will feel they have been misled, green space will have been lost, water drainage will again become a major problem, and impact fees, plus costs for major improvements would have to be refunded. This last item would most certainly be one that Dwight Brock would examine quite closely. Had the LAB been approached when the idea first arose a lot of time could have been saved. Certainly the cost of a feasibility study might have been avoided. A joint meeting of those concerned would have made it clear what the problems were. Most particularly the traffic and parking concerns. Although it would be exciting to have the Marco Cat on permanent loan, I truly doubt that will ever become a reality. There are many U.S. government-owned properties that must rely on copies. And, with Marco being in a hurricane-prevalent area, I think possession of the original masks and cat might be unwise. As in thousands of instances, worldwide treasures are not kept where they were found. ri offer two alternative sites for consideration. The Caxambas boat launching area (already owned by the County) has a lot of open space immediately inside of the entrance. Ample parking is already in place. Another possibility is to work with the City of Marco Island and its Parks and Rec Department. There is a Long Range Plan for a passive park on Winterberry Drive. As yet, not all the land has been acquired. A walking and biking path will lead from Mackle Park all the way to the end of what is now known as Tract C and D. The Beautification Committee has budgeted funds for 2002 to begin landscaping some of this area. Parking is available at the Winterberry Ballpark. By mentioning these two sites, I want you to recognize that there are more possibilities on Marco, not just the Library property. I trust the Historical Society will carefully investigate these sites as well t,.as others. Finally, has the Historical Society defined what it really wants? Does it have a firm footprint in mind? Is it looking to provide a large meeting room? Is it considering an archival library? None of these questions were addressed at the August 29th meeting. If they have not been considered, perhaps they should be in advance of finding a location. Sincerely yours, Sydney S. Mellinger, Chairman Collier County Library Advisory Board cc: Library Advisory Board Members Board of County Commissioners John Jones Ron Jamro Tom Olliff AGENDA' No. , · EXECUTIVE SUMMARY REVIEW AND APPROVE THE APPROPRIATE INVOICES REGARDING THE ADVERTISING AND PROMOTION OF COLLIER COUNTY NATIONALLY AND INTERNATIONAl,IN AND FIND A PUBLIC PURPOSE HAS BEEN SERVED OBJECTIVE: To have the Board of County Commissioners review and approve the appropriate invoices regarding the Advertising and Promotion of Collier County Nationally and Internationally and find a public purpose has been served, in compliance with the recent Florida Attorney General's Opinion. CONSIDERATION: On April 17, 2000, the Tourist Development Council reviewed an application for Category "B" Advertising and Promotion of Collier County. The following proposal was recommended for funding. The Tourist Development Council recommended by a 7-0 vote, to fund the Tourism Alliance $1,418,000 for Advertising and Promotion. On June 13, 2000 the Board of County Commissioners approved a Tourism Agreement for the Tourism Alliance of Collier County for the period of October 1, 2000 to September 30, 2001for the purpose of Advertising and Promoting Collier County. In April 2001 the County Attorney's Office became aware ora Florida Attorney General's Opinion that "The County Commission, (in a non-charter county), must make a determination that an expenditure serves a County purpose prior to the Clerk of Courts issuing a warrant for payment." The opinion further states that the "initial determination of whether an expenditure serves a county purpose may not be delegated to the Clerk of Courts." This means, essentially, that the Collier County Board of County Commissioners must establish a public purpose before the expenditures of County funds and this duty may not be given to the Clerk. The unsupervised discretionary spending' of County funds is not acceptable. On October 9, 2001 the Board of County Commissioners approved a 60-day contract extension for the Tourism Alliance. During the 60-day extension county staff is working with the Tourism Alliance to find the best effective and efficient method to advertise and promote Collier County. A spreadsheet categorizing all the unpaid invoices from fiscal year 2001 will be delivered prior ~..tllg, xag.gIJJ~ The spreadsheet tries to resolve the outstanding issues related to the FY01 invoices. The Tourism Alliance's Advertising Agency will not proceed the emergency Advertising approved by the BCC until these are resolved and they are paid. Category #1 identifies invoices that staffhas reviewed and feels the required back up is attached for payment and have the Board of County Commissioner find these invoices serve a Public Purpose. Category #2 identifies invoices that have been reviewed by staff and the Finance Department and have the required back up for payment and have the Board of County Commissioner find these invoices serve a Public Purpose. Category #3 identifies invoices that staff has reviewed and feels additional back up and clarification is required. Category #4 identifies invoices that staff and the Finance Department have reviewed. The Finance Department had difficulty identifying a public purpose for these invoices and has not authorized them for payment. FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners reviews each category and approve the appropriate invoices referenced above and on the attached spreadsheet and find a public purpose has been served and authorize staff to submit these invoices to the Finance Department for payment. PREPARED BY:( Ja~ E. Eichhom, TDC Coordinator Hr'using and Urban Improvement REVIEW BY: APPROVED BY: DATE: DATE: ~eg~Vli~,/al/c, HUI Director Housing a"rtd Urban Improvement ~~,~s~._ ~(~ DATE, Jol~ M. ISunnuck, Interim Administrator C6tnmunity Development & Environmental Services A~A NOV 1 3 20111 EXECUTIVE SUMMARY AUTHORIZE FUNDING TO CREATE THE HEARING COMMUNITY LIAISON POSITIONS EXAMINER AND OBJECTIVE: To protect the community through the enforcement of the land development code and the enhancement of public participation while providing additional opportunities to the Board to address policy issues. CONSIDERATIONS: The Board of County Commissioners (Board or BCC) approved the Hearing Examiner (HEX or Examiner) concept during the Land Development Code hearing (LDC) on June 26, 2001, subject to the adoption of a new community Public Participation Plan (Plan). The Board subsequently adopted this Plan into the LDC on October 24, 2001. Highlighted as part of the Plan are the requirements for an organized community meeting prior to application submittal, better advertising, and a community liaison position to facilitate and coordinate the discussions between the community, the developer, and planning staff. The Hearing Examiner's duties as outlined in the LDC will primarily include holding hearings on, and making final decisions for, variances and specified administrative review matters, and holding hearings and making recommendations on conditional uses. The Board has indicated that prior to adding zoning cases (PUD's etc.) to the Examiner's authority for review, it wanted to familiarize the community with the new system and wanted the opportunity to have a comprehensive review of zoning-based issues in the Land Development Code. A Commercial and Industrial Zoning review is scheduled to commence within the next few weeks of the upcoming LDC cycle; therefore it is anticipated that the review would be completed closely to the time an Examiner would be hired. As indicated at the BCC's LDC Hearing last June, the HEX would report directly to the Board under a contract approved by the Board. The Examiner's office is scheduled to be located at the future expanded Development Services Facility. There are two practical options to hiring a hearing examiner. The first option is to contract for the services of a practicing, private sector land-use attorney who would work on a part-time basis. The contract would include a stipulation of a "non-compete" clause, which would prevent the part-time HEX from representing clients that could potentially create a conflict of interest. This option would most likely be the most economical approach in the short term. However, since it would only be a part-time position, it may be difficult to expand this position to handle additional responsibilities should the Board chose to do so in the future. The second option is to hire a full time hearing examiner employed as County employ~ee. While hiring someone full time may not be as economically feasible in the short term, it may be to the community's benefit to establish a full-time hearing examiner who would be able to better understand the County's regulations and assist the community as the i There have been on average 27 variances petitions and 25 conditional uses submitted annually over the last three years. " AGE~,~A I~£M m program grows. It would also conceivably provide a smoother transition if the Board expands the duties of the Examiner to include holding hearings and making written zoning recommendations decisions as anticipated. During the special LDC Hearings on October 24, 2001, the Board additionally recommended that staff create a community public information liaison to the community. Staff reviewed several options including the use of existing staff in both Planning and the Public Information Office, but determined that the addition of one position similar to that presently existing in the Transportation Division would be the most appropriate way to address the community's concerns. This position will help implement elements of the public participation plan, including: Authorize the location, time etc. of the designated public meeting; Approve notification lists to homeowners and developers; · Approve signs and location of public notice signs; · Review and approve public advertising notices; · Respond to community questions and be the primary community contact between the Planning Department and the responsible planner; · Attend public meetings to better understand the community issues. GROWTH MANAGEMENT PLAN: There is no impact to the Growth Management Plan as a result of these position changes. FISCAL IMPACT: Development fees reserves would fund both positions. It is estimated that a part time hearing examiner would cost at least $75,000 ($150/hour times 8 hours/day times 60 cases or days per year, i.e., equivalent to 12 weeks full-time) based upon the anticipated workload. It is estimated a full time hearing examiner, with an assistant, would cost $160,000 annually, but cost savings may be possible if the hearing examiner position alone is funded at first and then support staff is phased in as additional responsibilities are given to the Hearing Examiner. The public information officer position will cost $60,000 including benefits. The funding of both positions will be incorporated into the permit fee review that is currently underway.' RECOMMENDATION: That the Board of County Commissioners authorize funding to hire a full time Hearing Examiner, with or without an assistant, and a community liaison. ~~~ PREPARED BY: DATE: J//7~/.  ohn Dunnuck, Interim Commu. nity Development & nvironmental Services Administrator jNOV 13 kaOl _ I::'g. EXECUTIVE SUMMARY REQUEST APPROVAL OF A WORK ORDER FOR BONINESS, INC. FOR THE BLUEBILL AVENUE SIDEWALK CONSTRUCTION. OBJECTIVE: To expedite the construction of a sidewalk from Conners Park to Delnor- Wiggins State Park. CONSIDERATIONS: One of the stipulations in the Dunes PUD is a requirement that the developer provide a sidewalk from Conners Park to Gulfshore Boulevard as a means to provide safe passage for pedestrians to Delnor-Wiggins State Park. That stipulation requires either the construction of the improvement or a payment to Collier County by the developer earmarked specifically for that improvement. As the result of negotiations with staff of the community development and Transportation division, the developer has paid to Collier County the sum of $155,281.56 in lieu o f performing the actual construction. Bonness, Inc. has performed all of the developer's site improvement work and is also one of several contractors used for similar work by Collier County (Annual Contract No. 98-2905). In an effort to expedite the construction of the sidewalk, staff is recommending that Bonness, Inc. be awarded a Work Order, consistent with the annual contract previously cited. The County Attorney's Office, in their review of the proposed Work Order, expressed concern that three competitive bids were not obtained. Staff has reviewed the unit price breakdown provided by Bormess, Inc. and opines that the prices are competitive. The project is a relatively small one and the developer is covering the costs. Therefore, staff requests that the Board waive the normal requirement for three bids and direct staff to award the Work Order to Bonness, Inc. x(~FISCAL IMPACT: Funds in the amount of $155,281.56 were deposited into the pathways ~ ~90-~. X budget amendment is needed to recognize the revenue and appropriate in the project. Staff review and construction inspection costs are budgeted in Road Construction Gas Tax Fund within Transportation Engineering and Transportation Design Budgets. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the award of Work Order No. BOC-FT-02- 02 in the amount of $155,281.56 for thee ~ on~struction of the Bluebill Avenue sidewalk to Bonness, Inc. and apse necessary b~,~ ~/arn~· · 'Edw~,~~nt, ~ ~ ~onOp ' sDirector DATE: ~4~/" APPROVED BY: ~' ,5/'),-----~, r~ ~ Norfi,.an/L~. ~Vd~r, A/C1/, Transportation Administrator Attachments: No. 1 ~ Proposal from Bonness, Inc. AGENDA ITEM No.,,, NOV 1 3 2001 Pg. i EXECUTIVESUMMARY RECOMMENDATION THAT THE BOARD DETERMINE WHETHER TO PAY THE REASONABLE ATTORNEYS' FEES AND COSTS INCURRED BY COUNTY EMPLOYEES CHARGED WITH CRIMINAL VIOLATIONS IN CONNECTION WITH THE MARCH 7, 1999 SULFURIC ACID SPILL AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT IF SUCH EMPLOYEES PROCEED THROUGH PRETRIAL DIVERSION AND THE CHARGES NOW PENDING AGAINST THEM ARE DISMISSED. OBJECTIVE: For the Board to determine whether to pay the reasonable attorneys' fees and costs incurred by County employees charged with criminal violations in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant if such employees proceed through pretrial diversion and the charges now pending against them are dismissed. CONSIDERATIONS: On or about March 7, 1999, there was a sulfuric acid spill at the North County Regional Water Treatment Plant. An internal County investigation of this incident dated July 2, 1999 concluded that several staff members were told to follow established procedures and used poor judgment in responding to the sulfuric acid spill. The internal investigation report further concluded, however, that there did not appear to be any intention to violate any regulations regarding the disposal of the diluted sulfuric' acid nor did there appear to be any intention to cover up the incident. It further appeared that the staff in question was acting on the assumption that instructions previously received from the Florida Department of Environmental Protection during an incident in 1995 were also applicable for the March 7, 1999 spill. However, those previous instructions were for a much smaller acid spill and clearly did not apply to the approximately 500 gallons of sulfuric acid that overflowed from the bulk storage tank into an adjacent containment area during the March 7, 1999 spill. Following a Florida Department of Environmental Protection investigation, criminal charges were filed against three (3) of the employees involved in attempting to contain and remedy the spill. These charges were for Felony Littering and for Improper Disposition of Hazardous Wastes. The three (3) employees involved are Randy Garay, Barry Erickson and. Robert Wheeler. An attorney for Mr. Garay has now inquired whether the County would agree to pay the reasonable attorneys' fees and costs for these employees if they accept a pretrial diversion program in lieu of proceeding to trial. Specifically, pretrial diversion would require that the employees complete six (6) months of probation. At that time, all charges would be dismissed and there would be no adjudication of any of the charges. A copy of Mr. Garay's attorney's most recent letter is attached as Exhibit 1 to this Executive Summary. AGENDA NO. NOV 13 2001 Under the applicable case law and the County's Resolution No. 95-632, a copy of which is attached as Exhibit 2 to this Executive Summary, a local government must reimburse its employees and officials for the reasonable attorneys' fees and costs they may incur in defending against alleged criminal violations arising out of or in connection with their performance of official duties while serving a valid public purpose where such employees or officials are acquitted or the charges are dismissed. In this case, based upon the County's own internal investigation, it appears the actions of the employees in question arose out of and in connection with performance of their official duties and it further appears they were attempting to serve a valid public purpose by remedying, albeit in an apparently inadequate manner, the acid spill. The question that is left is whether an agreement with the State Attorney to enter pretrial diversion that would then lead to a complete dismissal of the charges is equivalent to a dismissal as defined by County Resolution No. 95-632 and applicable case law. Based upon inquiry with the State Attorney and discussions with Mr. Garay's defense counsel, it appears that in the pretrial diversion program, the employees would have to report to the probation office for a six month period and pay minimal court costs. Thereafter, assuming no problems arose during the six month probationary period, ali charges would be dismissed as if they had never been brought and there would be no adjudication of any of the charges. Under these circumstances, the Board could reasonably find that dismissal following pretrial diversion was the equivalent of a dismissal under Resolution No. 95-632 and applicable case law although it would not be compelled to do so. Other factors the Board may wish to consider in reaching a decision on this matter include the following: 1. The three employees in question have already been disciplined, with all three having been suspended and one of them having been demoted. 2. As indicated in the Fiscal Impact section of this Executive Summary, if all three employees or any of them would go through pretrial diversion at this point and the County agrees to reimburse the reasonable attorneys' fees and costs incurred at the end of probationary period and following the dismissal, the amounts involved will be far less than if any or all of the three employees proceed through trial and are found not guilty. 3. At this time, the question of the constitutionality of one of the criminal statutes under which the three employees were charged, i.e., Improper Disposition of Hazardous Waste, Section 403.727(3)(b), Fla. Stat., has been appealed to the Florida Supreme Court. Previously, the trial court in the case found this statute to be unconstitutional. That decision was appealed by the State Attorney and the Second District Court of Appeal reversed the trial court. 2 AO~.NDA NOV 13 2001 4. The County's internal investigation found no intentional wrongdoing by any of the employees involved. FISCAL IMPACT: Mr. Erickson's claimed fees and costs to date are approximately $8,006.15 and Mr. Garay's claimed fees and costs are $13,711.08. No information was available on Mr. Wheeler at the time this Executive Summary was prepared. Mr. Garay's fees and costs are higher because his attorney has handled the appeal. No determination of the reasonableness of these fees and costs has been made. Such a determination would be undertaken if the Board decides to reimburse reasonable fees and costs. At this time, we have received an estimate that if all three defendants proceed through trial and are found not guilty, the County may be exposed to at least an additional $30,000.00 in attorneys' fees and costs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board consider and determine whether to pay the reasonable attorneys' fees and costs incurred by County employees charged with criminal violations in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant if such employees proceed through pretrial diversion and the charges now pending against them are dismissed. PREPARED BY: Michael W. Pettit Assistant County Attorney DATE: REVIEWED BY: David C. Weigel County Attorney DATE: h:/Public/Mike,,tExSum/no cty water employees criminal charges.pretrial diversion.attys fees & costs. 110101 AOENDA ITF_,M NOV 13 2001 pg. :5 Patlick E. Geraghty ~ Certified Civil Trial l~w~er Thon~ ~. Dougher~ C. Berk Edwards David M. Goldber~ The Law Firm Of GERAGHTY, DOUGHERTY & EDWARDS, P.A. Attorneys At Law October 26, 2001 The Courmey Build/ng, Suite 100 2069 First Street Post Office Box 1605 Fort Myers, Florida 33902-1605 941-334-9500 FAX: 941-334-8930 VIA FACSIMII.E - 774-0225 and regular U.S. Mail Michael W. Pettit, Esq. Collier Co,mW Attorney's Office 3301 Tamiami Trail East Naples, Florida 34112-4902 Re: Popp v. Collier County Case No. 99-3286-CA State v. Garay, et al Case No. 00-793 CFA,B,C Dear Mike: I was hoping to have heard from you last week in regard to your conversations with the County manager on whether a pre-trial diversion would be considered a dismissal for purposes of the attorney's fees provision under the resolution you and I have been discussing. I realize you are extremely busy, but I have just received a notice for docket sounding on November 19, 2001 at 9:15 a.m. in order to set a trial date in the case against Randy Garay and the other Defendants. As I have told you before, the pre-trial diversion would result in all of the charges being dismissed against all three Defendants, assuming they completed the six months of probation. If the charges are dismissed, which is a dismissal, I believe that comes within the language of the resolution and the case law. I do, however, understand that the County manager has to make a decision on this based on whatever input you might have. I was attempting to resolve this matter as expeditiously and as cost effectively as possible. I do not believe the State can convict any of the Defendants under the statute in question because they will never be able to show that they intentionally violated the statute. The preparation for and the expense of a jury trial was something I was trying to avoid if possible. I would suspect that with three Defendants, three attorneys and a full-blown jury trial that you could be looking at an additional $30,000.00 plus in attorneys' fees. The pre-trial diversion would also resolve the appeal to the supreme court which we are currently taking since we want the supreme court to review the opinion of the Second District Court of Appeal overturning Judge Pack's decision. We still believe the statute is unconstitutional. EXHIBIT 1 AGENDA I'L~M NOV 13 2001 Michael W. Pettit, Esq. October 26, 2001 Page two I cannot tell you that the other two Defendants, Erickson and Wheeler, will take a pre-trial diversion if offered, but certainly if the attorneys' fees are going to be paid if the pre-trial diversion is accepted by them, that should make their decision an easy one. Obviously, if it is not going to be paid, then I can assure you that none of the Defendants will take the pre-trial diversion and we will all go to trial. Please get with me as quickly as possible and let me know what the County's position is going to be so I can be prepared by the docket sounding to tell the Court when we will be ready for trial, if, in. fact, we are going to trial. By copy of this letter, I am advising the other counsel of my contact with you. Yours very truly, Patrick E. Geraghty PEG:aag cc: Donald P. Day, Esq. Nelson Faerber,, Esq. Mr. Randy Garay NOV 13 2001 .. ,5- ' RESOLUTION NO. 95- 632 A ~BOL~TXON BETTING FORTH TH~ POLICY OF TH~ BOARD OF CO~TY COMI(IBSIONE~B WITH REQ~U) TO PROVIDIN~ LB~ D~SB ~ PA~NG L~ ~HKS OF CO~Y J C~ffS~O~fl, CO~Y HT~F ~ CO~Y ~SORY ~S, the ~oard of County Co~is~ionere and the Collier Co~y management and legal ~=aff are constantly preeented with the neces~ity for making decisions regarding all pha~e~ of County policy, management and le~l counsel, respectively; and ~ER~S, local governments and their employees have .recently become subject to increasing numbers of lawsuits ba~ed upon state and federal laws~ and ~S, it is essential to the effective operation Cowry government that policy, management and legal decisions be made competently, in the public interest, and w~th the ~eat of personal liability for board ~nd staff members for .~making said decisions being maintained at a minimum ~o as to avoid the "chilling effect" on the proper and diligent perfo~ance of public duties recognized by the Florida Supreme Co~ in Thornber v. Cit~ of Fort walton Beach, 568 So.2d. 914 (~990); and ~E~S, Florida ~tatutory and case law, as well Att0rne~ General opinions (hereafter referred to a; "AGO"), for~ the retirements and discretion which are afforded to the local governing body to formulate a policy regarding the provision of counsel =nd pa~ent of legal expenses for Board me~ers, County staff and adviso~ board me. ers who are involved in litigation arising out of or in connection with ~e perfo~ance of official duties and while se~ing a valid public p~pose; and ~S, Collier County insurance policies currently include County employees as well as Board members and me.er; of ~e Administrator's and County Attorney'; etaff within the -- scope of coverage, provided that said persons are acting within ~e scope of their emplo~ent and do not ~ct criminally or fraudulently; and NOV 13 2001 E IBIT 2 ... . WHEREAS, the Board of County Commissioners (hereafter also referred to as "Board") desires to hereby set forth and formalize its policy with regard to t_he provision of legal ! counsel and the payment of legal expenses incurred by County Commissioners and administrative and legal staff ~o as to promote competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for County Commissioners and County staff members .while acting in the scope of their official duties and while serving a valid public purpose. WHEREAS, the various advisory boards, quasi-judicial boards and regulatory boards (hereafter also collectively referred to as "advisory board(s).) formed by the Board of Count~ Commissioners, and the members thereof who are appointed by the Board of County Commissioners, serve a critical function with regard to the operation of Collier County Government; and WHEREAS, the members of such boards serve on a volunteer basis without compensation for the time spent in performing their duties and functions; and WHEREAS, said boards and board members are regarded by the Board of County Commissioners as being within the umbrella of legal protection afforded to the Board of county Commissioners and other Collier County employees; and WHEREAS, the Board hereby desires to set forth and formalize its policy with regard to the provision of legal counsel and the payment of legal expenses incurred by advisory board members so as to promote competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for advisory board members while acting in the scope of their official duties and while serving a valid public purpose. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY _ AGENDA ITEM COMI{]SS[ONERS OF COLLIER COUNTY, FLORIDA, that: NO. ' NOV I 3 200{ Pg. "7 1. Definition' of "County person(s)": As used in this Resolution, the term "County person(s)" shall mean and include ~e members of the Board of County Commissioners, the County Administrator and his staff, the County Attorney and his staff, all employees of the Board of county Commissioners ae well as ~he Collier County Airport Authority Director and his staff, the Director and staff of any other county-created authority, the officers and staff of any dependent or othQr special district for which the Collier County Board of County Commissioners is the governing body or ex-officio the governing body thereof, and any person appointed by the Board of County Commissioners to a Collier County Advisory Board, quasi-judicial board or regulatory board formed by the Board of County Commissioners of Collier County, Florida. '2. Pursuant to Section 111.07, Florida Statutes, and Thornber v. Citv of Fort Wa%ton Beach, 568 So.2d 914 (Fla. ~990), the Board hereby resolves to provide legal representation to County persons in civil actions and in civil rights ections subject to the limitations set forth herein. a. Legal representation shall be provided in civil actions and in civil rights lawsuits only if the litigation involving the County person to be represented arises out of or in connection with the performance of official duties and while said County person was serving a valid public purpose. No representation shall be provided in tort actions if the County person acted or failed to act in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. No representation shall be provided to any County person in a civil action or civil -- rights action where said County person acted or failed to act with intent to harm. No NO. AG~NDAI;~M~ !~'--". representation shall be provided in any case NOV 13 2001 --3-- wher~ the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reason(s) within the County person's scope of employment and served a valid public purpose. b. Collier County shall at all times have the discretion to determine whether to directly represent such individual through the County Attorney's office or to select counsel to represent said county person in the civil action or civil rights action. If a County person chooses to obtain private legal counsel without prior authorization from Collier County, all fees and/or costs incurred by such person shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of legal fees and/or costs. c.Any legal fees and/or costs properly payable under this Policy must be reasonable in amount. d. Pursuant to Section 111.07, Florida Statutes, any attorney's fees and/or costs paid or incurred by the County for any County person who is found to be personally liable by virtue of acting outside the scope of employment, in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, Safety or property, may be recovered by the County in a civil action against such County person. e. Notwithstanding anything else stated in this section or this Resolution, the Board shall have the sole and absolute discretion allowed by -4- · NOV 13 2081 Section 111.07, Florida Statutes, as well as by applicable case law, to not provide legal representation and to instead reimburse any County person for reasonable attorney fees and/or costs in the event 'that said county person prevails in the civil or civil rights action. 3. Pursuant to Sections 111.071 and 111.072, Florida Statutes, the county shall pay for final judgments, set~l~ms~s ~ and/or costs involving County persons i~ civ£1 actions and in civil rights ac=luna subject to the limitations provided herein. a. Collier county shall pay final judgments, settlements and/or costs involving County persons only where the litigation arose out of or in connection with the performance by the County person of official duties and while serving a valid public purpose. No final judgment, settlement or costs shall be paid for by the County in a civil action or a civil rights action if the County person against whom the final judgment, settlement and/or costs have been imposed has acted or failed to act with intent to harm. The County shall not pay any final judgment, settlement and/or costs in tort actions where a county person has acted or failed to act with bad faith, malice or with wanton and willful disregard of human rights, safety or property. No judgment and/or costs shall be paid in any case where the County person has willfully failed to follow the legal advice furnished by the office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public . meeting, that said failure to follow legal NOV -5- . pg. advide was for reasons within the County person's scope of employment and served a valid public purpose. b. Any final judgments, settlements and/or costs paid or incurred by the County shall be in strict adherence wl~h ~he sovereign immunity recovery limits set forth in Section 768.28, Florida Statutes. c. If the County person has had private legal representation in the case, contrary to the provisions of Section (2)(b) of this Policy, any final judgment, settlement and/or costs imposed shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of the final judgment, settlement and/or costs. d. Pursuant to Section 111.071(4), this section is ~ot intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. 4. In oases where a County person is formally charged with a criminal Violation, the County shall pay the legal fees and/or costs incurred by said County person only under the following circumstances= a. The charges against the County person arose out of or in connection with ~he performance of official duties and while serving a valid public purpose. b. The County person has been acquitted or the charges dismissed. Lomelo V. City of ~L~_~, 42] So. 2d. 974 (4th DCA 1982}, pet. for rev. dismissed at 431 So.2d. 988 (Fla. 1983), and AGO 89-33. AOF. NDA ~'l~.l~ - c. The legal fees and/or costs charged are ~0. reasonable in amount. - o NOV 13 200l d. The County person has first notified the County administration and legal staff of the pendency of the charges and has permit=ed =he County the opportunity to either directly provide counsel or to allow said County person =o choose his/her own counsel. e. The chargee have not resulted from the willfUl failure of the County person to follow the legal advice furnished by the office of the County Attorney, unless the Board of county Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of a criminal case shall be paid by the County only for proceedings involving potential criminal liability for the County person and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 4b, c, d and e of ~his Resolution shall also govern these cases. g. In the event that the County person has been provided legal representation by the County and the County person is found guilty of a criminal charge, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. AGENDA ITEM 5. The County shall pay legal fees and/or costs incurred ~0. by County persons in cases involving formal ethics charges NOV ! 3 2001 ° pg. subject to the limi~ations provided herein: a. The ethics charges arose from conduct related to the performance of official duties and while serving a valid public purpose. Ellison v. Rei~, 397 So. 2d. 352 (lst DCA 1981) and AGO's 85-51 and 90-74. b. The County person has prevailed and successfully defended against the ethics charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County administration and legal staff of the pendency of the charges and has permitted the County the opportunity to either directly provide counsel or to allow said County person to choose his/her own counsel. e. The charges have not resulted from the willful failure of the County person to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by a County person during the investigatory, . pre-charge stages of an ethics complaint shall be paid by the County only for proceedings involving potential civil and/or criminal liability and/or ethics sanctions for the County person and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance of official duties AC~NDA~P_~ and while serving a valid public purpose. AGO ' -a- NOV ! 3 2001 94-1f. The provisions of Subsections §b, c, d and e of this Resolution shall also govern These g. In ~he event that The county person has been provided legal representation by The County and ~he County person is found by the Florida Ethics Commission or other appropriate tribunal having jurisdiction over the case to have committed ethical violations, the county may recover from the County person in a civil action all legal fees and/or co~te paid or incurred by the County. h. Nothing in this section shall be construed to preclude the County Attorney from requesting formal or informal ethics opinions on behalf of one or more commissioners. 6. The County shall pay legal fees and/or costs inourre~ b~ county persons in oases involving non-county a~ministrative &n~for regulatory proceedings and/or formal charges subject to the limitations provided herein: a. The proceedinge and/or charges arose from conduct related to the performance of official duties and while serving a valid public purpose. b. The County person has prevailed and euccesefully defended against the proceedings and/or charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County Administration and legal staff of the pendency of The proceedings and/or charges and has permitted the County the opportunity to directly provide counsel or to allow said County person to choose his/her own counsel. AGENDA 7'~ e. The charges and/or proceeding~ have not resulted NO. ~ _ from the willful failure of the County person to NOV 1 3 2001 - follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person,s scope of employment and served a valid public purpose. ~ f. The legal fees and/or costs incurred by the County person during the pendency of the proceedings and/or the investigatory, pre-charge stages of an administrative or regulatory case shall be paid by the County only for proceedings and/or charges involving potential civil and/or criminal liability and/or administrative/ regulatory sanctions for the County person and where the allegations are ultimately determined to be unfounded and to have risen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 6b, c, d and e of this Resolution shall also govern these cases. g. In the event that the County person has been provided legal representation by the County and the County person is found, by an administrative or regulatory agency or other appropriate tribunal .having jurisdiction over the case, to have civil or criminal liability and/or to have violated administrative or regulatory rules, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. 7. The County shall pay legal fees and/or costs incurred AC~NDA ff~ - by individual members of tho Board of county commissioners for ~0._~~ instituting, as oppossd to d.fendi~, litigatio~ only where ail NOV 1 3 2001 -lO- o of the following circumstances are present: a. The litigation arises from o~ in connection with the Board members performance of official duties and the litigation serves a valid publio purpose. b. This section shall apply only to members of the Board of county Commissioners and not to any other ,,County person" defined in Section i of this Resolution. o. The Board member must prevail in said litigation. d. The legal fees and/or costs are reasonable in amount. e. The Board member shall have first notified the Board of County Commissioners, the County Administrator and the County Attorney prior to the commencement of the litigation and shall have permitted the county the opportunity to either directly provide counsel or to allow said Commissioner to choose his/her own counsel. f. The litigation has not resulted from the willful failure to follow the legal advice furnished by the office of the county Attorney, unless the Board of county commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the Commissioner's scope of employment and served a valid public purpose. g. In the event that the Commissioner has been provided legal representation by the County and' the Commissioner does not prevail in the litigation, then the county may recover from the ~ Commissioner in a civil action all legal fees '! AG~NDA0~ and/or costs paid.or incurred by the County. NO. 8. All preliminary decisions administering and NOV 1 3 2001 implementing this policy shall initially be made by the County Administrator and/or his designee and the Office of the County Attorney in cooperation and consultation with each other's respective offices. Both offioe~ are hereby delegated the power to make any lawful and reasonable investigation and evaluation of cases arising under this policy. Said evaluation shall take into account all available relevant information in addition to the nature, type, nUmber and substance of the allegations contained in any pleadings filed and/or served in any legal proceeding. All final determinations regarding the implementation and administration of this policy shall be made only by the Board of County Commissioners which is in accordance with AGO's 85-51, 89-22, 90-74 and 91-58. The Board shall, also make all final determinations regarding the provision of a legal defense and/or paying legal e~enses of County persons for any type of legal claim or suit arising from a County person's performance of official duties while serving a valid public purpose if said type of claim or suit is not specifically addressed by this Resolution. 9. Collier County Board of County Commissioners Resolution Nos. 85-126 and 85-178 are hereby repealed and superseded in their entirety. This Resolution adopted after motion, second and majority vote'favoring same. 'A~TEST~i~'~i"'~/ BOARD OF COUNTY COMMISSIONERS 'DWIGHT'E~'.BRO=K, Clerk COLLIER CO! Ap. proved as to form and legal[[sufficiency: Chief ~ssistant County ~ttorney s~ AOENDA [~.M -12- NOV 13 2001 EXE(~UTZVE $1,1M t. tARY HI'SPANI~C AFFAZRS ADVZSORY BOARD RECOt4t4ENDATI~ON FOR ADOPTZON OF A RESOLUT?ON REQUESTZNG DZALOGUE BETWEEN ZlqlqOKALEE GROWERS AND FARI~IWORKERS. OB.1E~E: For the Board of County Commissioners to call for dialogue between the growers and farmworkers for the good of the :[mmokalee economy and community. CONSIDERATIONS: For a number of years, the Collier County Hispanic Affairs Advisory Board (HAAB) has received information regarding very Iow wages and deplorable living conditions for farmworkers in the :[mmokalee area. The HAAB has also received information that the problems faced by the farmworkers negatively impact the rest of the [mmokalee community and area with particular emphasis on the Hispanic population. The HAAB has previously brought this matter to the attention of the Board of County Commissioners and the prior Board declined to involve itself in this controversy primarily because it viewed the matter as a labor-management private sector dispute. Since that time, the dispute has continued and the problem appears to be getting worse. During the course of the last year, the HAAB has had public meetings in [mmokalee and heard from farmworker representatives as well as other interested citizens and community leaders who have appeared at public meetings in l~mmokalee. The HAAB has again voted to request that the County Commission formally, by resolution, call upon the growers and the farmworkers to engage in dialogue to try to solve the problems faced by farmworkers. The HAAB is not requesting that the County Commission involve itself in terms and conditions of employment. Rather, the HAAB believes that the Commission should merely make the call to the parties to have dialogue, it is believed that such an action would benefit the citizens and economy of Immokalee and especially the Hispanic community. The HAAB is convinced, based on information received, that the lack of dialogue and solutions to the farmworker issues are impacting the Immokalee community and Collier County as a whole. The HAAB also believes that the County Commission should formally, by resolution, request that Florida Governor, ]eb Bush, also make a plea for dialogue to the growers and the workers for the benefit of the Immokalee community and Collier County. F]~SCAL XIqPACT: None. GROWTH MANAGEMENT ZNIPACT-' None. RECOIqMENDAT[ON.' That the Board of County Commissioners pass a resolution (attached) calling for dialogue between growers and farmworkers in the [mmokalee area. Also, that the resolution include a request to Florida Governor .]e;f 7_,~k~i~ the call for dialogue between [mmokalee growers and farmworkers. I:in~"[fi~¥'t~'~ Board authorize the Chairman to execute said resolution. NOV 13 2001 Pg. / PREPARED BY:( ...... Date: Ramiro Ma~alich, as Liaison to the Hispanic Affairs Advisory Board David Correa, Chairman Hispanic Affairs Advisory Board h:RM\HAAB\Ex Sum-Dialogue NOV 1 3 2001 r~¢I_ , ! RESOLUTION NO. 2001- 3 A RESOLUTION RE(~UEST[NG DIALOGUE BETWEEN THE 4 GROWERS AND THE FARM WORKERS OF i[MMOKALEE, $ FLORZDA FOR THE BENEFZT OF THE [MMOKALEE COMMUNITY. 6 7 8 WHEREAS, for a number of years, the Collier County Hispanic Affairs Advisory 9 Board ("HAAB") has received information at public meetings regarding very Iow wages lO and deplorable living conditions of the farm workers in the Immokalee area; and !! WHEREAS, the HAAB has also received information that these problems faced by 12 the farm workers negatively impact Hispanics as well as the entire Immokalee 13 community; and 14 WHEREAS, this matter was previously brought to the attention of the prior Board of 15 County Commissioners ("Board"). The Board chose not to act because it viewed the 16 matter as a private sector labor dispute. However, the HAAB has found that the farm 17 worker problems in Immokalee continue to exist creating further dissention in the 18 community as well as the deterioration of opportunities for the parties to negotiate; and 19 WHEREAS, the HAAB has found, as a result of its public meetings, that the farm 20 worker problems in Immokalee impact very significantly the Hispanic community; and 2! WHEREAS, the HAAB recommends that the Board make a plea for dialogue 22 between the growers and farm workers in the Immokalee community for the good of 23 all. Said recommendation of the HAAB is only for the Board to request dialogue and 24 not for the Board to involve itself in the dialogue or in any terms or conditions of 25 employment. 26 NOW, THEREFORE, BE ~ RESOLVED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLE[ER COUNTY, FLORIDA, that: 28 1. The Collier County Board of County Commissioners hereby respectfully requests 29 that growers and farm workers of the Immokalee, Florida community promptly enter 30 into dialogue to address problems affecting growers, farm workers and the community. 3! The Board makes this request with the public purpose of seeking to improve living and 32 economic conditions for all in Immokalee and Collier County, Florida. 33 2. The Board respectfully requests that Florida Governor .leb Bush join the Board's 34 plea for dialogue between growers and farm workers in Immokalee and that the 3.s Governor also communicate a plea for dialogue to the parties. 36 This Resolution adopted after motion, second and majority vote. 37 DATED: 38 39 An'EST: BOARD OF COUNTY COMMISSIONERS 40 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 41 43 By: 44 .lAMES D. CARTER, Ph.D., Cha rman 45 NOV 1 3 2001 46 Approved as to form and legal sufficiency: 49 Ramiro Nafialich .~¢) Chief Assistant County Attorney EXECUTIVE, SUM,MARY AWARD RFP 01-3257 - DIRECT RECORDING ELECTRONIC VOTE TABULATION SYSTEM OBJEX: Obtain Board of County Commissioners approval of the selection ofa fTrm to provide a Direct Recording (Touch Screen) Electronic Vote Tabulation System and begin contract negotiations. CONSIDERATIONS: A result of the November 7, 2000 ~mi Election was the Elections Reform Act of 2001 enacted by the Florida Legislature. One of the significant changes to the election law was the decertification of the punch card voting system. The Elections staff and the members of the Elections Resource Committee (Mike Can', Chuck Mohlke, Alda Pierce and Jennifer Edwards) began examining voting systems approximately 10 months ago. In October, pursuant to the County's Purchasing Policy, the County Manager authorized a Selection Committee. The members of the Selection Committee are key staff members in the Elections Office including the Supervisor of Elections. The Selection Committee developed a comprehensive Request for Proposal (RFP) which was distributed to voting system vendors. Seven proposals were received in response to the RFP. A thorough analysis of the seven proposals by the members of the Selection Committee resulted in a "short-list" of two vendors: Elections Systems & Software Votronic System (ES&S) and Global Diebold AccuVote-TS System. These two vendors were required to individually perform a mock election on separate days. Following the mock elections and a thorough analysis by the Selection Committee members of the pros and cons of each vendor, the Committee members were required to determine the vendor that would best meet the needs of their specific functional area. The decision reamhed by the Selection Committee is that ES&S is the vendor for the future of elections in Collier County. FISCAL IMPACT: Budget is in place in the amount of $5 million in the County-Wide Capital Project Fund 301 under project 01019. This purchase will be financed over 10 years. Principal and interest payments have been budgeted at $753,500 per year. Source of funds will be the General Fund. The State has contributed to the purchase of the new voting machines. It is expected that $360,000 will be received over the next two years. This money will be deposited into the County-Wi& Capital Project Fund 301 to help defray the total cost of the new voting machines. GROWTH MANAGEMENT IMpA, CT; None ..,--,, AGENDA ITEM - No,.~4~ N 0 V 1 ,t 2001 Pg./,...~.~ .RECO~NDATION: That the Board of County Commissioners approve the selection of ES&S under RFP 01-3257, authorize staffto begin contract negotiations and authorize the Chairman to execute the forthcoming negotiated contraO, subject to County Attorney review. ~ '" ~'-' ?' ~ DATE: ,//. ~5'?: ~/'~ ~nifer J./Ei:twards ' " Supervisor~of Elections REVIEWED BY: ~('//vl~ c,~. ~>-~:~ DATE: s'[e~,CamellC/ '¢ Purchasing/General Services Director AGENDA ITEM .o. NOV 1 3 2001 pg.,, z- EXECUTIVE SUMMARY PETITION CARNYo20001-AR-1673, PASTOR ETTORE RUBIN, C.S., OF OUR LADY OF GUADALUPE CATHOLIC CHURCH, REQUSESTING A PERMIT TO CONDUCT A CARNIVAL/FESTIVAL FROM NOVEMBER 21st THROUGH 25, 2001, ON THEIR PROPERTY LOCATED AT 207 SOUTH 9th STREET, IMMOKALEE: OBJECTIVE: Pastor, Ettore Rubin, C.S., of Our Lady of G-uadalupe Catholic Church, is requesting that the Board of County Co ..... ~.~sioners render an approval to conduct a carnival/festival on the grounds of thc Our Lady of Guadalupe Catholic Church g:c-_.-.~ located at 207 South 9ta Street during the time period of November 21st and 25, 2001. This is an annual fund raising event in support of commanity and school programs. CONSIDERATIONS: Our Lady of Guadalupc has met all requirements of the carnivaL/festival permit procedures. The applicant has contracted the removal of trash from the grounds daily 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 annual event for some years and they have no history of not restoring thc grounds to their normal condition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve their permit application to conduct the carnival/festival. Staff recommends approval of the permit. PREPARED BY Y, AICP / DATE CLrRRENT PLANNING MANAGER~ REVIEWED BY: THOMAS E. KUCK, P.E. DATE ACTING ITERIM PLANNING SERVICES DIRECTOR APPROVF~D BY: Jom Dt ¢m In- INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ~o / COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 10/30/2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE ATT: PASTOR ETTOTE RUBIN, C.S. NAPLES, FL 34104 OUR LADY OF GUADALUPE CATHOLIC CHURCH 207 SOUTH 9TH ST. IMMOKALEE, FL 34142 RE: Petition No. AR-1673, Project # 2001100086 OUR LADY OF GUADALUPE CATHOLIC CHURCH CARNIVAL Dear Applicant: Please be advised that the above-referenced petition has been scheduled for the November 13, 2001, meeting oi the Board of County Conunissioners (BCC). The BCC meeting begins at 9:00 A.M. The meeting will be held in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Bu/lding, County Government Center, 3301 East Tamiami Trail, Naples, Flor/da. Sincerely, CECILIA MARTIN PLANNING TECHNICIAN PLANNING SERVICES cc: File NOV 1 3 ZOO1 PHONE ! 941 ) 403-2400 FAX (941 ) 643-6968 www. co.collier, fi.us Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Payment Slip Nbr 296521 10/30/2001 8:43:35 AM 10/30/2001 AR 1673 Appl Name: OUR LADY OF GUADALUPE CATHOLIC CHURCH Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 207 SOUTH 9TH ST. IMMOKALEE FL 34142 Proj Name: OUR LADY OF GUADALUPE CATHOLIC CHURCH Type: TAZ: 0 Subdiv Nbr: 100 Project Nbr: 2001100086 Payor: OUR LADY Fee Information Fee Code Description GL Account Amount Waived 11CIRC FAIR & CIRCUS PERMITS 11313890034122000000 $275.00 Total $275.00 Payments i Payment Code I Account/Check Number Amount !CHECK [ 1363 $250.00 i CHECK 11364 $25.00 Total Cash $0.00 Total Non-Cash $275.00 Total Paid $275.00 Memo: Cashier/location: MCCAULEYKATY / 1 User: SMITH_G ITEM NOV I 3 2001 Collier County Board of County Commissioners Pri~ Ii. ed i 0~6/'200 i '8:~tTL'TTT' ~,M CD-Plus for Windows 95/NT Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, OUR LADY OF GUADALUPE CATHOLIC CHURCH, has made application to the Board of County Commissionm's of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, OUR LADY OF GUADALUPE CATHOLIC CHURCH, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO OUR LADY OF GUADALUPE CATHOLIC CHURCH, to conduct a carnival from November 21st through 25, 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: SE 1/4 of theNE 1/4, of the SW 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida WITNESS my hand as Chairman o! said Board and Seal of said County, attested by the Clerk of Courts in and for said County this ~ day of 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA: JAMES D. CARTER, PhD., CHAIR-MAN Approved as to Form and Legal Sufficiency: Matjorie:M. Student Assistant County Attorney NOV 1 8 ZOO1 / NOTE: Please read reverse side Copy: Zoning Director before completing this Copy: Petitioner Petition. ~_.opy: (~'County Mamager CARNIVAL OPERATION PETITION PETITION NO. DATE: October 22, 2001 PETITIONER'S NAME: Our Lady of Guadalupe Catholic Church PETITIONER'S ADDRESS: 207 South 9t~ Street, Immokalee, Florida 34142 TELEPHONE; (941)65%2666 or 657-6303 PROPERTY OWNER'S NAME: Ettore Rubin, c.s. PROPERTY OWNER'S ADDRESS: 207 South 9a Street, Immokalee, Florida 34142 TELEPHONE: _ (941)65%2666 or 657-6303 LEGAL DESCRIPTION OF SUBJECT PROPERTY: SE~A, NE¼ of the SW~A of Section 4, Township 47 South, Range 29 East, Colfier County, Florida. GENERAL LOCATION: 1 block South of State Road 29 on 9~ Street in Immokalee, Florida. CURRENT ZONING: RMF-6 C~NT USE: Place of worship NATURE OF PETITION: A request is hereby made for a permit from Collier County to hold our annual carnival from November 21 thru November 25, 2001. THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. Yes 3.e. 1). Yes 3.e.4) Yes 3.e.7). Yes 3.b. Yes 3.e.2). Yes 3.e.5) Yes 3.e.8). Yes 3.c. Yes 3.e.3). Yes 3.e6) Yes 3.e.9) Yes 3.d Yes Comments: SIG_~A~URE OF PETIt. lONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER CARNIVAL OPERATION PETITION October 22, 2001 Section 3a. A surety bond. Applicant is requesting a waiver of the surety bond due to the annual carnival being held on the Church grounds. Section 3b. Evidence of current public liability is herein attached to this petition from both our Church and the ToNe Presentations, Inc. Section 3c. Permit fee of $250.00 (Two Hundred Fifty dollars) is herein attached per check. Section 3e. Information as you requested: F. Tolve Presentation, Inc., of 269 Orient Way Lyndhurst, New Jersey 07071, will provide the carnival rides again this year. Our Lady of Guadalupe Catholic Church, 207 South 9~h Street, Immokalee, Florida 34142, will sponsor said carnival. As the Bishop's representative, Rev. Ettore Rubin, c.s., is solely responsible of the Church affairs. G. FOL~D STANDS: Light foremostly Mexican dishes, hamburgers, hot dogs, each being run by a team of five (5) persons. SOFT DRINKS will be served from two (2) booths separated by food stands. NO ALCOHOLIC BEVERAGES will be sold or allowed on the church grounds. MECHANICAL RIDES for children and adults, since the availability of rides contingents upon what other areas ToNe Presentation, Inc. is working at the time, it is almost impossible to know which specific rides will be offered. GAMES OF SKILL or chance will be the type not prohibited by Florida State law. H. ACTIVITIES: a. Games of skill will be provided by Tolve Presentation, Inc. who will pay a fee percentage of the earnings. b. Games run by Our Lady of Guadalupe: 1. Loteria (Mexican Bingo) 4. Names and Social Security numbers of each person that is responsible for a booth. Since neither Mr. Tolve nor I, Father Ettore Rubin, will know ahead of time which part:cular worker will be at the carnival, I am unable to provide, at this time, their names or Social Security numbers. Our parishioners are as follows: Kitchen and Food Booths EMPLOYEE OR NAME PARISHIONER SOC. SECURITY Gerardo Alfaro Parishioner 449-80-9292 Natividad Ayala Parishioner 455-64-2495 Adan Contreras Parishioner 463-58-6.185 Anastacio Contreras Parishioner 460-65-4 ,73 Gloria Contreras Parishioner 263-64-4 ~65 Norma Contreras Parishioner 451-64-~ g61NOV ! 3 2001 Sylvia Contreras Parishioner 265-73-c~ Natividad Gamez Parishioner 387-42-~ 746 Kitchen and Food Booths (Cont'd) EMPLOYEE OR NAME PARISllIONER SOC. SECURITY Dahlia Garcia Parishioner 262-83-0179 Salvador Garcia Parishioner 267-91-3047 Ani~ Ged~n Church employee 594-39-3280 Irma Gomez Parishioner 595-54-6020 Maurilio Gomez Parishioner ********** Aurora Hernandez Parishioner 460-33-8391 Saturnino Hernandez Parishioner 460-33-9200 Artemio Lozano Parishioner 267-62-9181 Laura Lozano Parishioner 263-68-1167 Andres Marquez Parishioner 534-84-4685 Benjamin Marquez Parishioner 592-05-0861 Isabel Marquez Parishioner 266-93-7617 Jose A. Marquez Parishioner 266-79-7909 Jose M. Marquez Parishioner 092-42-8226 Maria Marquez Church employee 261-04-5155 Nereida Marquez Parishioner 266-93-8520 Nora M Marquez Church employee 264-77-8255 Rue,hen Marquez Parishioner 092-42-8033 Digna Martinez Parishioner 261-97-4679 Rosa Martinez Parishioner 265-13-4519 Lucy Ortiz Parishioner 463-72-1256 Neftili Ortiz Parishioner 581-86-0094 6. For a description and sketch of the site, see next page. A water fountain is located in our parish hall, one outside the Soup Kitchen and another in the Church. We have eight (8) functioning toilets in different church buildings and we will rent eight (8) portable toilets for the duration of the carnival. 7. There are four (4) street lights in front of the church, eight (8) in the back and one (1) in the front of the Soup Kitchen. Power will be supplied by a generator from Tolve Presentations, Inc. for their own fides. 8. Plans for garbage, debris and sewerage disposal is as follows. Since our restrooms are permanently installed, we foresee no sewerage problems in this area. The portables will be serviced every day. The food concession booths will operate out of the "Soup Kitchen" and will engble us to use the facilities. Garbage and debris will be taken by truck to the local landfill daily. We have 3 dumpsters and 20 - 30 gallons garbage cans. The cans will be placed around the grounds. 9. Diamond Security has been contacted. Jesse P. Morgan, Vice-President signed contract with Father Ettore Rubin, c.s. This Contract states that there will be five (5) armed, uniformed and certified officers for security to our carnival. Fire extinguishers are available on the property for minor fires. 10. The carnival shall be held from Wednesday, November 21,2001 through Sunday, November 25, 2001. The hours of the carnival shall be from 6:00 p.m. to 11:30 ~,.,,t~o~ item : 11. As a legal administrator of Our Lady of Guadalupe Catholic Church, I hereby give ~/ consent for the carnival to be held On the Church grounds from November 21 thr.o.u_gh November 25, 2001. NOV 1 3 2001 DIOVEN Client~: E.7 ATt OF LIABILITY INSU 1%11S CEA311qCATE I~ UI~3N THE urn,,r,vATE AND CONFER~ NO RIGHI~ ~3mJC~m ONLY ~T AMEND, EXTEND OR ER & CO ~OLI3r~L 3~S C~ATE DOES BELOW P, RTHUR J GALLAGH .... AFFORDED BY THE I~OMCIE$ · 8200 NW 4iST STREET. SUITE . ~ MIJ%MI, FL 33166 I INSURERS AFFORDING COVERAGE[ 305 592-6080 .... ~_~~NITED NATIONAL INSURA~NCE CO. OUR LADY OF GUADALUPE CATH©[.IC CHURCH ,~.~ TNCRRG DIOCESE OF VENICE !d_.s_~E.c: S---~--~T-~ NATIONAL INSURANCE CO. P. O. BOX 2006 VENICE: FLORIDA 34284-2006 [~u~. E: '----'-- T~E POUC4ESOF ~SURA~CE US~ BELOW HAVE u !EN ISSUED TO TH:- INSU~ NN~ED 9~OVE FOR THE POUCY PERK)D ~CATED. NoT~T~STANDiNG ANY REQUIi~lqI', T~ OR CONDITION OF N~' :X)NTRACT OR oTHE~ DOCQlVlENT W1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY p~WTAIN, THE INSURANCE AFFORDED BY THE I OUCIES DESCPIBED HEREIN I$ SUBJECT TO ALL THE TI~IMS, EX(~.USlORSANO C(DNDITtO~SOF SUC~ ~::]UC~5S. AGGREGATE LiMiTS SHOWN MAY HAVE BEE~ REDUCED BY PAID CLAIMS. coa,,..N~s,w~.~u-rr $1 000 000 , L_AU'rO ONLY - ~d:%l~e LIABILrrf i I OTHER THAh EAACC $ , ANY AUTO : AUTOONLY: AGG $ j .... ~: THAlqKSGIVlNG CAKNI A%MED AS ADDITIONAL INSURE:) AS RESPECTS THE OUR LADY OF GUAD~ LUPE CARNIVAL. / OTIR LADY OF GUADALUPE CATH,)LIC CHLrRCH 9_07 SOUTH 9TH STREET !MMOKALEE, FLORIDA 34142 11ON ------'--"- CERTIFICATE HOLDER { ~oorno~a~.elsu~...' ~'TTER: i DATE THEREOE:, THE ISSUING IN~URE~ W1LL ENDEAVOR TOMAJL 3 ~ DAYSWi:~I"~N I INI POSE NO OBLI~A'rlo~ O~1LI&BtUTY OF ANY KINO UF~3N AuTHO~Z~O REpR~h'TATNE ~ . [ ~p ~ ACORD CORPORATION 19~ SEP :2?'O~ITHIJI !c:55 ~LLIED HOLDINGS TEL:'2' 3~0 '~'2 P 0(,2 CERTIFICATE OF INSURANCE ~Lied SPe¢iiLty i nGure~ce aoo ~z S355 ~zlg AF~O~2~ ~, ~A T. s. E. ~r.~. ~ ( ) ~ ~ ~ ~ ~Yt ' p~/~, { ~ ~ ~~~'~ ~ NOV 1 3 2001 hie W E~t: lwJ Zl-B, 2mol ~itJ~l IMur~: ~r tim of Wt~ CERTTPI~TE GBEI CAK~LLAT I~ ~.. A~I~I ZED REPK~ENTATIVE 94~5428880 £,IRHOFqg. tH~E3T INC. !,~= F'02 O,:T 22 '01 10:51 FLORIDA DEPARTMENT OF STATE O L~i'.'lsion Ot Licensing Post Otti~e Box 6687 Katherine Harris ' Tallahessee, FL 32314-6687 ,Secrelai'y o! State (850) 48~-5381 LC2E018 (I/99) CERTIFICATION OF INSURANCE Pursuant m Section 493.6110, FIo~k~ Statutes, a i:)(tvate investigative agency, a private security agency or a ' coverage as a i:M'orefluisite for doing bus.ess in the S~ate recovery agency mum maintain oonlinuous u-jsurance gl Florida. As a pe~on lawluily authorized to sell i~surufl~ i~ ~e State o~ Fk:~a k. an iflsucance company wl~ich is lawfully engag~ to provide insurance coverage in Fb:m~, I IMreby certify ~hat ~he below flame¢ agency licensed under Chapter 4.93, Rorida StatulaS., is prese~y ~sured i~ an amount ot not less than $300,000 which inctuUes comprehensive general liability coverage for deatl% bodily inju(y, property damage, ar~ pet'senN lniu~ coverage inG~:[lfl.g lalse afl~st, detenlio~ or i~prisonment, malicious prosec~orl, libel. 61a,qder, defamo/ion of character and violation of the right gl prk~cy. ! lurthef state ~hat this popcy insures for the liability for all agency employees required to be Licensed by the State ct F~dda wi'ale engaged in activities pursuant to their employment, I further acknowledge that the Department ct State. Division of LiGensing is listed as &n &dclilionel insured party to astra that all notices re0arding ooverage am seal by the insurance provider to the department. F~llure to maintain insurance' coverage as required by law. resu~ in the AUTOMATIC suspension or the agency lice~.se, Continuation of ac~vltJes re~ulatect under Chapter 493, FIo¢ida ~atutes, withOU[ insurance CoverB~le or wtl/~, a suspended [icar~e may result in administrative action pursuan[ to Sectio~ 493,6118(1)(h}, Ftorida Statutes, or criminal penalties pursuant to Section 493.6120, Florida Statutes. D£amon~ Investigations,' Inc. DBA: D£amond Investigations Nmme of I~sured as It appears o~ ticefls~ Licenses l~sured - check all chat apply and provide corresponding licens~ numbers: iX) Class "A" - Private Investigative Agency ttcanse Sunber~ A 940027~ iX) Class '8" - Security Agency License Iknmber: 0_q~_60~e_! [ J C]ass "R' - Recovery Agency License Ilumber: R 1314 ~a[~e Coral Parkway, Su~.te 203; Cape ¢o~al, yL 33904 Florida Address of lnsured's Location Covered by this Certification PGT.700214 August 2, 2002 policy )lumber Ezpiration l)ate Tudor Insurance Company 201-847-$600 Haee of ~surance Con, any Telephone ~u~ber of insurance Coapany Flort4a A~dres$ of Insur~ce Coul~ny T~v~ng MeChanic 059-26-6995 Mm of insurance ~ge~t Florida License N~ber of ~nsur~nce Age~,t I do swear [o't\~ m) it the i~foraation contained h~rein is tru~ and correct. ~'~tu" of ["su~¢e ]~ Title - -~jg~/qF'(~- a~d subscribed befor,-,,._~;~Ls 1 .~_t- . day Print. Type or pro~uce<l [ndentificmtion _ Type of [dentification p~uc~ 3 Z001 DO NOT DETACH - RETURN BOTH COPIES WITH PAYMENT 0 z oon~ ~ m .. ~ ~ oz I m Z Z 0 ~ zzzz~z" ~ ~ oooo~o 0 Z ~ ~0 mcF~ m~ O~ ~g mz o m ~  STATE OF FLORIDA DEPARTMENT OF HEALTH 2 '7 0 3 ~. OPERATING PERMIT For: Food Program - Other Food Service Capadty: 88 Permit Number: 11-48.00180 Issued to:Our Lady Of Guadalupe Cath. Chu For: Guadalupe Center County COLLIER 211 $ 9th St Issue Date: 10/1/2001 Immokalee , FL 34143 Amount Paid: $ 160.00 Mailed to: Guadalupe Center Paid Date: 914101 P O Box 1053 Immokalee , FL 34143 Permit Expires On: September 30, 2002 Issued by: Environmental Hea~ & Engineering Thomas G. Walker, P.E. 2800 N. Ho~shoe Ddve, Naples, FL 34104 (941) 403-2499 Administrator, Environmental Heallh & Engineering NOV 1 3 ZOO1 SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS: Name of event Our Lady 0f Guadalupe Catholic Church Annual Carnival Address of event 219 South 9"' Street, Immokalee, Florida 34142 Date(s) of event November 21-25, 2001 Hours of operation 6:00 p.m. to 11:00 p.m. Sponsor of event Our Lady of Guadalupe Catholic Church Person in charge of food service Ettore Rubin, c.s. Phone (941)657-2666 or 657-6303 Number of food and beverage booths 12 Estimated number of attenders expected at the event at one time? 3,000 Number of toilets to be provided: Portable: Male ( 5 ) 'Female ( 5 ) Permanent: Male ( 8 ) Female ( 8 ) Method of toilet waste disposal: Immokalee Water & Sewer, Inc. and T&M Port-O-Let Services, Inc. Describe method of liquid kitchen waste disposal: Immokalee Water & Sewer, Inc. Describe containers and method of solid waste disposal (garbage): 3 large dumpsters from Immokalee Disposa! plus fifteen (15) 30-gallon trash cans Number of solid waste disposal containers provided: 3 dumpsters Describe facilities and meti~od of hand washing: Sinks at G-uada_lupe Soup Kitchen and cooler with water spouts, soap and paper towels Describe facilities and method of utensil washing, rinsing and sanitizing: Sink at Guadalupe Soup Kitchen Source of potable water: Immokalee Water & Sewer, Inc. and assorted gallon containers with water spouts. .. NOV ! :1 2001 As the sponsor of this event you are responsible to notify all food vendors of the temporary food serx requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? Yes X 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. Date: ~:.,~.~'..r. , ~ ~' i Signat~of Sponsor' ~a~ent NOVI O01 / OUR LADY OF GU~AI~DALUPE ~-~? 1363 BUILDING FU __ OUR LADY OF GUADALUPE 8~S7 1364 .~.-o..~ F,,.O ~/~) ~. ~/ ,~ -~ 63-3~2/670 ~7 S~TH 9TH STRE~ Da~ ForH.~. ~L. - ?o0~q~?': ~,,'O~O'"Lqq"' L~ ,., ~ ~0~ ~ ~ 2001 EXECUTIVE SUMMARY ADOPT RESOLUTIONS ENFORCING LIENS ON PROPERTIES FOR CODE VIOLATIONS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 07/02/01 b. Notice of Violation served no green card c. Notice of Violation Posted 07/23/01 2001070071 Owner Builder d. Unabated nuisance verified 08/02/01 $255.00 Alliance, Inc. e. Nuisance abated with public funds 08/11/01 f. Owner invoiced for costs 08/23/01 a. Violation determined 04/13/01 b. Notice of Violation served not deliverable c. Notice of Violation Posted 05/30/01 $320.00 2001041273 LaRue, Claude E. d. Unabated nuisance verified 06/11/01 e. Nuisance abated with public funds 08/13/01 f. Owner invoiced for costs 08/23/01 a. Violation determined 05/17/01 b. Notice of Violation served 05/28/01 c. Notice of Violation Posted n/a $875.00 2001050856 Sanders, Troy d. Unabated nuisance verified 07/03/01 e. Nuisance abated with public funds 08/21/01 f. Owner invoiced for costs 08/27/01 NOV 13 2001 [ a. Violation determined 06/04/01 b. Notice of Violation served 06/08/01 c. Notice of Violation Posted n/a 2001060318 Rodriguez, Leovigildo d. Unabated nuisance verified 07/12/01 $255.00 e. Nuisance abated with public funds 08/02/01 f. Owner invoiced for costs 08/14/01 a. Violation determined 04/21/01 b. Notice of Violation served 05/02/01 c. Notice of Violation Posted 05/09/01 2001041328 Bayshore Isles, LLC d. Unabated nuisance verified 06/01/01 $1,100.00 e. Nuisance abated with public funds 08/15/01 f. Owner invoiced for costs 08/18/01 a. Violation determined 06/08/01 b. Notice of Violation served 06/23/01 c. Notice of Violation Posted n/a $'~ 55.00 2001060612 Morgan, Joseph F. & d. Unabated nuisance verified 07/{)3/()1 -~ ' Elizabeth A. e. Nuisance abated with public funds 08/13/01 ~', Owner invoiced for costs 08/18/01 a. Violation determined 06/07/01 b. Notice of Violation served 06/22/01 c. Notice of Violation Posted n/a $255.00 2001060680 Aurora Bros. d. Unabated nuisance verified 07/09/01 e. Nuisance abated with public funds 08/13/01 f. Owner invoiced for costs 08/23/01 a. Violation determined 04/25/01 b. Notice of Violation served 05/11/01 c. Notice of Violation Posted ru'a 2001050043 Pinkalla, Carol A. d. Unabated nuisance verified 05/22/01 $255.00 e. Nuisance abated with public funds 08/13/01 f. Owner invoiced for costs 08/29/01 a. Violation determined 07/19/01 b. Notice of Violation served 08/03/01 c. Notice of Violation Posted n/a 2001070797 Carter, Douglas L.& d. Unabated nuisance verified 08/08/01 $310.00 Sandra G. e. Nuisance abated with public funds 08/11/01 f. Owner invoiced for costs 08/23/01 a. Violation determined 06/18/01 b. Notice of Violation served unclaimed c. Notice of Violation Posted 07/11/01 $255.00 2001060997 HNH Ventures d. Unabated nuisance verified 07/23/01 e. Nuisance abated with public funds 08/09/01 f. Owner invoiced for costs 08/16/01 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. NOV 1 3 2001 FISCAL IMPACT: A total reimbursement of $4,135.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $125.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Iliana Martinez, Customer Service Represel~a.~tive II Code Enforcement REVIEWED BY: ,~-7~ ~ DATE: Janet~owers, Operations Manager Code Enforcement SUBMI'ITED BY: ~. ~t'" ,,, ~:--~__. DATE: Michelle Edwards Arnold, Director Code Enforcement ~°oh~m~niDt ?]~ ~vC~ekl oI~ ~nAe nd~ni:~t~ ~ti~ ron m e n t a 1 Services NOV 1 3 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN OWNER-BUILDER ALLIANCE, INC., DATE: 10999 PROSPERITY FARMS RD. PALM BEACH GARDENS, FL 33410 REF. INV.# 1922 FOLIO #: 54670001485 LIEN NUMBER: LEGAL DESCRIPTION: Lot 64, LEAWOOD LAKES, A SUBDIVISION, ACCORDING TO THE PLAT IN PLAT BOOK 24, PAGES 62 TO 64, INCLUSIVE, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 2, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause. if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 1 3 2001 F: LIENS/MSTR LNAL ! RESOLUTION NO. 2001- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 12 V~rHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 13 as arnended, the direct costs of abatement of certain nuisances, including prescribed administrative l,* cost incurred by the County, shall be assessed against such property; and 15 16 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 17 reported to the Board of County Commissioners, together with a description of said parcel; and 18 19 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 20 property against which made until paid; and 21 22 WHEREAS, the assessment shall become due and payable no later than twenty (20) 23 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 24. beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, 28 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said 29 property, is hereby assessed the following costs of such abatement, to wit: 30 3t NAME OWNER-BUILDER ALLIANCE, INC., A Florida Corporation 32 33 LEGAL DESCRIPTION: Lot 64, LEAWOOD LAKES, A SUBDIVISION, ACCORDING TO 34 THE PLAT IN PLAT BOOK 24, PAGES 62 TO 64, INCLUSIVE, IN THE PUBLIC 35 RECORDS OF COLLIER COUNTY, FLORIDA. 36 37 COST: $255.00 REFERENCE#: 1922 FOLIO #: 54670001485 38 39 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above 40 described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a 41 certified copy of this Resolution shall be recorded in the official records of Collier County, to 42 donstitute a lien against such property according to law, unless such direction is stayed by this Board 43 upon appeal of the assessment by the owner. 44 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 2001. 47 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 51 52 53 BY: BY: 54 Deputy Clerk James D. Carter, Ph.D., Chairman 55 56 Approved as to form and 57 legal sufficiency: 58 ~ ~/~ 60 Thomas CI, ~almer,'"Assistant County Attorney 61 NOV 1 3 2001 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE E DATE: 7012 CHADWELL RD SW HLPNTSVILLE, AL 35802 REF. I'NV.# 1921 FOLIO # 62092120004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, pb 3, Pages 67 and 68. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 11, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN ECESS OF 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE HUNDRED TWENTY ($120.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of THREE-HUNDRED TWENTY ($320.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County a, dministrator, Government Center, 3301 Tamiarni Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. n6fr. l~A 1~4 NOV 1 3 2001 el. F: LIENS/MS'IR LNAL I RESOLUTION NO. 2001 - 2 3 A RESOLUTION OF TffE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMIENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 12 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 13 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 14 cost incurred by the County, shall be assessed against such property; and 15 16 WHEREAS, the cost thereof to the Count,,' as to each parcel shall be calculated and 17 reported to the Board of County Commissioners, together'with a description of said parcel: and 18 19 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 20 property against which made until paid; and 21 22 WHEREAS, the assessment shall become due and payable no dater than twenty (20) 23 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 24 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLSNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows. 28 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said 29 property, is hereby assessed the following costs of such abatement, to wit: 30 31 NAME: LA RUE, CLAUDE E. 32 33 .LEGAL DESCRIPTION. Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat 34 thereof, on file and recorded in the Public Records of Collier Count),, Florida, pb 3, Pages 67 35 and 68. 36 37 COST: $320.00 REFERENCE//: 1921 FOLIO #: 62092120004 38 39 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above 4o described property, and if such owner fails to pay such assessment within twenty (90) days hereof a certified copy of this Resolution shall be recorded in the official records o ~ ' 41 /~ Collier County. to 42 constitute a lien against such property according to law, unless such direction is staved bx' this Board 43 upon appeal of the assessment by the owner. ~ ' 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 2001. 47 48 49 ATTEST: BOARD OF COLrNTY COMMISSIONERS 5O DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 51 52 53 BY: BY: 54 Deputy Clerk James D. Carter, Ph.D. Chairman 55 , 56 Approved as to form and 57 legal sufficiency: ,, 60 Thomas ss~ · , ' County Attorney 6J NOV I 3 2001 F: LIEN/MS'IR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SANDERS, TROY DATE: 4790 PINE ST NAPLES, FL 34112-6429 REF. INV.# 1915 FOLIO # 00395040005 LIEN NUMBER: LEGAL DESCRIPTION: The South 173 feet of the east 130 feet of the east one-half (1/2) of the south east one-quarter (1/4) of the south west one-quarter (1/4) of section 14, township 50 south, range 25 east, Collier County, Florida, less south 50 feet thereof for a right of way and the east 30 feet thereof for a right of way. You, as the owner(s) of thc property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 03, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS/LITTER: ACCUMIJLATION OF WEEDS, GRASS, OR OTHER NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of SIX-HUNDRED SEVENTY-FIVE ($675.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of EIGHT-HUNDRED SEVENTY-FIVE ($875.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a heating before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 1 3 2001 F: LIENS/MS'IR LNAL I RESOLUTION NO. 2001- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 9147, 9 AS AMENDED 10 11 12 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 13 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 14 cost incurred by the County, shall be assessed against such property; and 15 16 WHEREAS. the cost thereof to the County as to each parcel shall be calculated and 17 reported to the Board of County Commissioners, together with a description of said parcel; and 18 19 t,~,rHEREAS, such assessment shall be a legal, valid and binding obligation upon the 20 property against which made until paid; and 21 22 WHEREAS, the assessment shall become due and payable no later than twenty (20) 23 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 24 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, 28 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said 29 property, is hereby assessed the following costs of such abatement, to wit: 30 31 NAME: SANDERS, TROY 32 33 LEGAL DESCRIPTION: The South 173 feet of the east 130 feet of the east one-half (1/2) of 34 the south east one-quarter (1/4) of the south west one-quarter (1/4) of section 14, township 50 35 south, range 25 east, Collier County, Florida, less south 50 feet thereof for a right of way and 36 the east 30 feet thereof for a right of way. 37 38 COST: $875.00 REFERENCE#: 1915 FOLIO #: 00395040005 39 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above 4o described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a 41 certified copy of this Resolution shall be recorded in the official records of Collier County, to 42 constitute a lien against such property according to law, unless such direction is stayed by this Board 43 upon appeal of the assessment by the owner. 44 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of ,2001. 47 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 5l 52 53 BY: BY: 54 Deputy Clerk James D. Carter, Ph.D., Chairman 55 56 Approved as to form and 57 legal sufficiency: ~"'x t' ' i~J~l~ I'W~ 58 ' 60 Thomas C. Palmer, Assistant County Attorney NOV 1 3 2001 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RODRIGUEZ, LEOVIGILDO DATE: 5100 24'm AVE SW #1 NAPLES, FL 34116 REF. INV.# 1903 FOLIO # 36317120003 LIEN NUMBER: LEGAL DESCRIPTION: LOT 6, BLOCK 202, GOLDEN GATE UNIT 6, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 5, PAGE(S) 124 THROUGH 134, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 12, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55,00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your.property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against thc property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 1 3 2001 F: LIENS/MSTR LNAL ! RESOLUTION NO. 2001- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED lO 11 12 W'I-[EREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 13 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 14 cost incurred by the County, shall be assessed against such properly; and 15 16 WHEREAS, the cost thereof to the Count), as to each parcel shall be calculated and 17 reported to the Board of County Commissioners, together with a description of said parcel; and 18 t9 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 2o property against which made until paid; and 21 22 WHEREAS, the assessment shall become due and payable no later than twenty (20) 23 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 2a beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN~I'Y 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows. 28 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said 29 property, is hereby assessed the following costs of such abatement, to wit: 30 31 NAME: RODRIGUEZ, LEOVIGILDO 32 33 LEGAL DESCRIPTION: LOT 6, BLOCK 202, GOLDEN GATE UNIT 6, ACCORDING TO 34 THE PLAT TtlEREOF, OF RECORD IN PLAT BOOK 5, PAGE(S) 124 THROUGH 134, OF 35 THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 36 37 COST: $255.00 REFERENCE//: 1903 FOLIO//: 36317120003 38 39 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above 40 described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a 41 certified copy of this Resolution shall be recorded in the official records of Collier CourtD, to 42 constitute a lien against such property according to lax,,', unless such direction is stayed by this Board 43 upon appeal of the assessment by the owner. 44 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 200 l. 47 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 5t 52 53 BY: BY: 54 Deputy Clerk James D. Carter, Pr. D., Chairman 55 56 Approved as to form and legal sufficiency: 60 Thomas C.Palmer, Assistant County Attorney -- 61 NOV 1 3 2001 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BAYSHORE ISLES, LLC DATE: 2319 J & C BLVD STE. 1 NAPLES, FL 34109 REF. INV.# 1909 FOLIO # 61841080008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 113 of NAPLES GROVES AND TRUCK CO's LITTLE FARM NO. 2 as per map or plat~hereof recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 01, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS/LITTER: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of NINE-HUNDRED ($900.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of ONE THOUSAND ONE-HUNDRED ($1,100.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Cornnussioners to show cause. if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples. Florida 34112 in writing within ten (10) days from the date of this notice. NOV 1 3 2001 L_ " F: LIENS/MSTR LNAL I RESOLUTION NO. 2001- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-5 l, 8 AS SUCCESSOR TO ORDllNANCE No. 91-47, 9 AS AMENDED lO 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 t5 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel: and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon thc 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows. 27 having been abated of a public nuisance after due and proper notice thereof to the owner(s'} of said 28 property, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: BAYSHORE ISLES, LLC 31 32 .LEGAL DESCRIPTION: Lot 113 of NAPLES GROVES AND TRUCK CO's LITTLE FARM 33 NO. 2 as per map or plat thereof recorded in Plat Book 1, Page 27, Public Records of Collier 34 County, Florida. 35 36 COST: $1,100.00 REFERENCE//: 1909 FOLIO #: 61841080008 37 - 38 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the abo~e 39 described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a 40 certified copy of this Resolution shall be recorded in the official records or: Coltier'Counts, to 41 constitute a lien against such property according to law, unless such direction is staved by this Board 42 upon appeal of the assessment by the owner. 43 44 This Resolution passed and duly adopted by the Board of County Commissioners of 45 Collier County, Florida, this __ day of ,2001. 46 47 ATrEST: BOARD OF COUNTY COMMISSIONERS 48 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 49 50 5! BY: BY: 52 Deputy Clerk James D. Carter, Ph.D., Chairman 53 54 Approved as to form and 55 legal sufficiency: 57 58 Thomas C. Palmer, Assistant County Attorney NOV 1 3 2001 F: LI~N,' MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MORGAN, JOSEPH F. & ELIZABETH A. DATE: P O BOX 7452 NAPLES, FL 34101-7452 REF. INV./) 1910 FOLIO # 71781960003 LIEN NUMBER: LEGAL DESCRIPTION.: Lots 1 & 2, 3, 4, 5, and 6, Block E, SABAL SHORES SUBDIVISION. according to the plat thereof, recorded in Plat book 3, page 37 of the l'ublic Records .f Collier County, Florida. You, as the owner(s) of the property above-described, as reco~'ded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Ent'orcement Director, did on July 03, 2001, order the abatement of a certain nuisance existing o~ tt~c above property prohibited by Ordinance No. 99-51 and served a notice ol violatitm tlpotq you. ~I l~e nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRAS. OR OTHER N()N-PROTECTED OVERGROWTH IN EXCESS OF 18". You failed to abate such nuisance; whereupon, it was abated bx the expc~ditm-e of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an a.,!~',~inist*'a~tixc cost of TWO-HUNDRED ($200.00) DOLLARS for a total of TWO-HUNDREI) FI I:TY-FlX,' I5 t$255.00) DOLLARS. Such cost, by Resolution of the Board of County Commis*~onc~', Florida, shall become a lien on your property within twenty (20) days of tt~c date of this legal notice of assessment. You may request a hearing before the Board of County Co~-nmissiouers to show cause. if any, why the expenses and charges incurred by the County under County Ot-d,nance No. 09-51 are . excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Ce,~ter, 331)1 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. I RESOLUTION NO. 2001- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED I0 11 12 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinancc No. 91-47, 13 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 14 cost incurred by the County, shall be assessed against such property; and 15 16 WHEREAS, the cost thereof to the Count',, as to each parcel shall be calculated and 17 reported to the Board of County Commissioners, togethe(with a description of said parcel- and 18 19 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 20 property against which made until paid; and 21 22 WHEREAS, the assessment shall become due and payable no later than m'entv (20) 23 days of the date of the Legal Notice of Assessment and interest shall accrue on li~e unpaid balance 24. beginning on the date this Resolution is recorded at the rate of twclxe pcrconl ( 1 ~ : per 25 - 26 NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the propcrtx_ dcqcrihed as follows. 28 having been abated of a public nuisance after due and proper notice thereof to Ibc ox~ncr~s'} of said 29 property, is hereby assessed the following costs of such abatement, to wit: 30 31 NAME: MORGAN, JOSEPIt F. & ELIZABETH A. 32 33 LEGAL DESCRIPTION: Lots 1, 2, 3, 4, 5, and 6, Block E, SABAL SItORES SUBDI VISION 34 according to the plat thereof, recorded in Plat book 3, page 37 of the Public Records of Collier 35 County, Florida. 36 37 COST: $255.00 REFERENCE#: 1910 FOLIO #: 71781960003 38 39 The Clerk shall mail a Notice of Assessment of Lien to the o~ ~c~ s } ~,1' tile aS~,,, c 40 described property, and if such owner fails to pay such assessment within twenty !2(~) da~s hereof, a 41 certified copy of this Resolution shall be recorded in the official records of Coil[er Countx. 42 constitute a lien against such property according to law, unless such direction ~s st:~ed b( this Board a3 upon appeal of the assessment by the owner. 45 This Resolution passed and duly adopted by the Board of Coumx Comnaisxionm's of 46 Collier County, Florida, this day of 200 t. 47 48 a9 ATrEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 51 52 53 BY: BY: 54 Deputy Clerk James D. Carter, Ph.D.,Chairman 55 56 Approved as to form and 57 legal sufficiency: 60 Thorn~as~C.- ~' ' · -- Palmer, Assistant County Attorney 61 NOV 1 3 2001 F: L[~N/MSTR RESOLUTION L BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN AURORA BROS DATE: 2425 LANDER RD pEPPER PIKE, OH 44124-4315 REF. INV.# 1917 FOLIO #: 62102040003 LIEN NUMBER: LEGAL DESCRIPTIO~N: Lot 17, Block 13, Naples Manor Addition, according to the plat thereof, as recorded in Plat book 3, pages 67 & 68, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 09, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two.hundred ($200.00) dollars for a total of TWO HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your property within twenty (20) days of the date of this legal noticc of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiarni Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 1 3 2001 F: LIENS/MSTR LNAL ! RESOLUTION NO. 2001- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and t6 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon thc 19 property against which made until paid; and 20 21 V~q-IEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, 27 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said 28 property, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: AURORA BROS 31 32 LEGAL DESCRIPTION: Lot 17, Block 13, Naples Manor Addition, according to the plat 33 thereof, as recorded in Plat book 3, pages 67 & 68, of the Public Records of Collier County, 34 Florida. ' 35 36 COST: $255.00 REFERENCE//: 1917 FOLIO #: 62102040003 37 38 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above 39 described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a ao certified copy of this Resolution shall be recorded in the official records of Collier ~County, to 41 constitute a lien against such property according to law, unless such direction is stayed by this Board 42 upon appeal of the assessment by the owner. 43 44 This Resolution passed and duly adopted by the Board of County Commissioners of 45 Collier County, Florida, this ... day of 2001. 46 47 ATI'EST: BOARD OF COUNTY COMMISSIONERS 48 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 49 50 51 BY: BY: 52 Deputy Clerk James D. Carter, Ph.D. ,Chairman 53 54 Approved as to form and 55 legal sufficiency: 56 57 ~ ~,,~ ' ~.N~ rrl~ 58 Thomas ~. Palmer, Assistant County Attorney 59 ,4 NOV 1 3 2001 F: LIEN/MS'IR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PINKALLA, CAROL A DATE: 7251 STATE HIGHWAY 57 BAILEYS HARBOR, Wl 54202-9147 REF. INV.# 1911 FOLIO # 48730920603 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Block G Haldeman River Subdivision in Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on May 22, 2001, order the abatement of a certain nuisance ex~st~ng on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated b~ th~' expenditure of public funds at a direct cost of FIll'Y-FIVE ($55.00) DOLLARS plus an ad~i~istrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Connnnissionc~'s ,>~ Collier Count3'. Florida, shall become a lien on your property within twenty (20) days of the date or' this legal notice of assessment. You may request a hearing before the Board of County Commissio~:~s to sho~ cause, if any, why the expenses and charges incurred by the County under County Ol'diIl:lllce No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against tl~e property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 1 3 2001 F: LIENS/MSTR LNAL I RESOLUTION NO. 2001- 2 3 A RESOLUTION OF THE BOARD OF COL~'TS_' 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED to 11 12 W~I-[EREAS, as provided in Ordinance No. 99-5 l, as successor to Ordinance No. 91-47, 13 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 14 cost incurred by the County, shall be assessed against such property; and 15 16 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 17 reported to the Board of County Commissioners, together with a description of smci parcel: and 18 19 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 20 property against which made until paid; and 21 22 WHEREAS, the assessment shall become due and payable no latcr than twenty (20) 23 days of the date of the Legal Notice of Assessment and interest shall accrue t,~ thc tmpaid balance 24 beginning on the date this Resolution is recorded at the rate of twelve percent I 12': ~ per annum. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNT5_' 27 COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the propert_~ dc,cribed as follows, 28 having been abated of a public nuisance after due and proper notice thereof to Irc owner(s) of said 29 property, is hereby assessed the following costs of such abatement, to wit: 30 31 NAME: PINKALLA, CAROL A. 32 33 LEGAL DESCRIPTION Lot 7, Block G Haldeman River Subdivision in Collier County, 3534 Florida. ~/~ /~Off~RE E{/RE~N~C~ 36 COST: $255.00 F : 1 FOLIO #: It 48730920603 37 38 The Clerk shall mail a Notice of Assessment of Lien to the ov,:~c:~,s, ct' thc aboxc 39 described property, and if such owner fails to pay such assessment ~ ithin t~cm,, ~2(/I days hereof, a 40 certified copy of this Resolution shall be recorded in the official records ct Coll~cr Count>, to 41 constitute a lien against such property according to law, unless such direction ~s ~taxcd by this Board 42 upon appeal of the assessment by the owner. 43 44 This Resolution passed and duly adopted by the B~>atd of Count', Commissioners of 45 Collier County, Florida, this __ day of 2001. 46 47 48 ATTEST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 5O 51 52 BY: BY: 53 Deputy Clerk, James D. Carter, Ph.D.. Chai~'l~an 54 55 Approved as to form and 56 legal sufficiency: 57 59 Thomas C. Palmer, Assistant Count>' Attorney NOV 1 3 2001 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMEN'I COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CARTER, DOUGLAS L & SANDRA G DATE: 1565 BUCCANEER CT MARCO ISLAND, FL 34145-4136 REF. INV.# 1919 FOLIO #: 62260800004 LIEN NUMBER: LEGAL DESCRIPTION: Lots 28 and 29, Block 11, NAPLES MANOR LA I,~E$, according to the plat thereof, as recorded in Plat Book 3, Pages 86 and 87, or the pul)lie rc, c~rds ~)r C~)llicr County, Florida. You, as the owner(s) of the property above-described, as recorded m the records maintained by the office of the Property Appraiser, are hereby advised that thc Code Enforcement Director, did on August 08, 2001, order the abatement of a certain nuisance cx~stm7 on the above property prohibited by Ordinance No. 99-51 and served a notice of violation tll~,~ ,.,oil T!qo ntnsance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You failed to abate such nuisance; whereupon, it was abated b,, the expenditure of public funds at a direct cost of ONE-HUNDRED TEN ($110.00) DOLLARS pl ~ a~ ~tdt~inistt'ative cost of Two-hundred ($200.00} dollars for a total of TIIREE-II1UNDI'.Iii) TI:.N ~$310.00) DOLLARS. Such cost, by Resolution of the Board of Count>' Commissione~- of Coliie~ ('ounty. Florida, shall become a lien on your property within twenty (20i da~s of thc d:ttc of t[~,i:4 legal notice of assessment. You may request a heanng before the Board of County Commis,t,mers to show cause. if any, why the expenses and charges incurred by the County under Count>' O~ance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien aga~ ,t the property. Said request for hearing shall be made to the Count.',' Administrator, Government Cc~ter. 3'~01 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date et II,is notice. NOV 1 3 2001 LIENS/MSTR LNAL I RESOLUTION NO. 2001- 2 3 A RESOLUTION OF TI-[E BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 1 ! WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each pamel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 t8 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, 27 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said 28 property, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: CARTER, DOUGLAS L. & SANDRA G. 31 32 LEGAL DESCRIPTION: Lots 28 and 29, Block 11, NAPLES MANOR LAKES, according to 33 the plat thereof, as recorded in Plat Book 3, Pages 86 and 87, of the public records of Collier 36 COST: $310.00 REFERENCE#: 1~}19 FOLIO #: 62260800004 37 38 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above 39 described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a 40 certified copy of this Resolution shall be recorded in the official records of Collier County, to 41 constitute a lien against such property according to law, unless such direction is stayed by this Board 42 upon appeal of the assessment by the owner. 43 44 This Resolution passed and duly adopted by the Board of County Commissioners of 45 Collier County, Florida, this __ day of 2001. 46 47 A'ITEST: BOARD OF COUNTY COMMISSIONERS 48 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 49 50 51 BY: BY: 52 Deputy Clerk James D. Carter, Ph.D. ,Chairman 53 54 Approved as to form and 55 legal suffi(~.~ ~ 56 57 ~ 58 Thomas C. ~almer, ,~ssistant County Attorney NOV 3 2001 F: LIEN/MS'PR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN H N H VENTURES DATE: 493O 12v" AVE SW NAPLES, FL 34116 REF. INV.# 1908 FOLIO # 36325040007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 226, GOLDEN GATE, Unit No 6, according to the plat ~hereof, as recorded in Plat book 15, Pages 124 through 134, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 23, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIllY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Comrmssioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a heanng before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said reqUest for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. k6F. NOA ITEM NOV 1 3 2001 F: LIENS/MSTR LNAL ! RESOLUTION NO. 2001- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 II 12 V~rHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 13 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 14 cost incurred by the County, shall be assessed against such property; and 15 16 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 17 reported to the Board of County Commissioners, together with a description of said parcel; and 18 19 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 20 property against which made until paid; and 21 22 WHEREAS, the assessment shall become due and payable no later than twenty (20) 23 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 24 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, 28 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said 29 property, is hereby assessed the following costs of such abatement, to wit: 3O 31 NAME: HNH VENTURES 32 33 LEGAL DESCRIPTION: Lot 4, Block 226, GOLDEN GATE, Unit No 6, according to the plat 34 thereof, as recorded in Plat book 15, Pages 124 through 134, of the public records of Collier 35 County, Florida. 36 37 COST: $255.00 REFERENCE,q: 1908 FOLIO #: 36325040007 38 39 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above 40 des~be.d property, and if such owner fails to pay such assessment within twenty (20) days hereof, a 41 certmed copy of this Resolution shall be recorded in the official records of Collier County, to 42 constitute a lien against such property according to law, unless such direction is stayed by this Board 43 upon appeal of the assessment by the owner. 44 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 2001. 47 48 49 ATYEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 51 52 53 BY: BY: 54 Deputy Clerk James D: Carter, Ph.D., Chairman 55 56 Approved as to form and 595857 legal su~fficiency: ~ fX~ V.x~ ?~.~ 60 Thomas C. Palmer, Assistant County Attorney 61 NOV 1 3 2001 F L[ENI MSTR RESOLUTION EXECUTIVE SUMMARY APPROVE RULES AND REGULATIONS RELATING TO THE CODE ENFORCEMENT BOARD. ~ To obtain Board of County Commissioner endorsement of the revised Rules and ~ ~blished for th~ Code Enfo~ Boar~ CONSIDERATION: The Collier County Code Enforcement Board was established by the Board of County Commissioners pursuant to Florida Stam~ 162.03 as an alternate means of enforcing violations to local codes and ordinances. In addition, Florida Statute 162.08 authorizes the Code Enforcemem Board to adopt' its own rules and regulations for conducting hearings of ordinance violations. In addition, the roles and regulations are utilized to inform the respondents and members of the public of their dm process rights. Staff, legal council for the Code Board, and the County Attorney's Office has infonnally surveyed numerous Florida Counties regarding code enforcement roles and regulations. The result of that research produced many of the changes being recommended in the revised document attached to this summary. Some of the more substantive changes include 1) the addition of a section defining how liens imposed by the Code Board should be effectuated and 2) a new section specifying the ability and process a rest~ndent is afforded to request reduction and/or abatement of fines imposed by the Code Board. The proposed changes were initiated by the Code Enforcement Deparunent as a need for an enhanced consistency of procedtLre was recognized. On September 27, 2001, The Code Enforcement Board met and discussed all proposed additions and deletions to the roles and regulations. The attached document now includes comprehensive guidelines for Code Board, staff and the public. FISCA~ IbIPA~: This item has no fiscal impact. GR.ow"rH I~AGEMENT IMPACT: This item has no C-mwth Management impact. RECO~ATION: Endorse the proposed Code Enforcement Board Rules and Regulations, which will be executed by each Code Board members via signature, at the next available Code Board mo~ing, SUB~ BY: ./~'~_Y/C~ - - -~~ Date: /~-~'- ~/ IViichelle F. xiwards Arnold, Director Code Enforcement Depa~ent {erfi~lfer Bolp~o,  County AttojF~ey ~.-.. APPROVED BY: JJJvqa~ Date: lo ?1 ~ ~0~ Dunnuck'Ifl, 'interim Administrator ' ~ rrraa Cdlaununity Development & Enviromental Services n~. /c ~ _.~ NOV 13 2001 n. / COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I_ Nam~ The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE I! JJurisdiction The Board has jurisdiction over those matters which are set tbrth in all ordinances Collier County, Florida. ARTICLE III.. Officers and Their Duties Section 1. The officers shall consist ora Chair and Vice-Chair, both of whom shall be permanent members. There shall also be a Secretary to the Board ,,,,,ho shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting fights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. ARTICLE IV Election of Officers Section 1. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one (1) year, or until a successor shall take office. No one member shall serve more than two (2) consecutive terms as chairman. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven (7) members and txvo (2) alternates. An alternate shall be designated to fill any regular member vacancy at anv meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held at least monthly on the fourth Thursday at 9:00 A.M., and/or at other times as needed, and determined by the Board, in the Collier County Commission Chambers. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member of the Board or by written notice siuned by at least three (3) members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight (48) hours in advance of the meeting. At any meeting, the Board mav set a future meeting date. ~ Section 5. Attendance. a. Members shall notify the Chair or Secretary to the Board if they cannot attend a meeting. b. Ifa member misses two (2) out of three (3) successive board meetings 2 m~, /~ ~ NOV ! 3 2001 ~.. .3 ,without a satisfactory excuse, he/she may forfeit his/her appointment. c. Attendance shall be in person and ma5' not occur through any form of electronic medium. Section 5. Quorum. A quorum of the Board shall consist of four (4) members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion or adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. Section 6. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 7. Records. All regular and special meetings, hearings, and records shall be open to the public. Section 8. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. ARTICLE VI Order of Business 1. Roll Call 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearings 5. New Business 6. Old Business 7. Repons 3 NOV 13 2001 8. Comments 9. Next Meeting Date 10. Adjourn The order of business may be suspended by a vote of the majotity of those members present. ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation which shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance which has been violated with the Secretary to the Board. No member of the Board may initiate action before the Board. Section 2. The Secretary to the Board shall assign a file number to each case and schedule a heating. Section 3. The Secretary to the Board shall send out a Notice of Hearing to the alleged violator by either certified mail, return receipt requested, hand delivery upon a pan,,,. posting on the property and at the courthouse, or in any manner authorized as provided bv ihe Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the alleged violator as herein provided at least ten (10) days prior to the hearing at v,'hich the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board. the supervisor of the Code Enforcement Investigator involved. and the Code Enlbrcement Investigator involved. Section 4. The Notice of Heanng shall inform the alleged violator that he or she is permitted to provide an evidentiary packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Heating. In order to have the information provided to the Board Members prior to the Board Hearing, the alleged violator should submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) days prior to the scheduled hearing. The Secretary to the Board shall distribute the evidentiary packet to the Board Members. If the Code Enforcement Investigator intends to provide the Board Members with an evidentiary packet prior to the Board Hearing, the evidentiary packet must be delivered to the alleged violator along with the Notice of Hearing. The Secretary to the Board shall not deliver his or her preheating evidentiary packet to the Board Members until he or she receives the alleged violator's preheating evidentiary packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has oassed. If the alleged violator timely delivers his or her evidentiary packet to the Secretary. to the ,-,ara the 4 ~ NOV 13 200! Secretary to the Board shall deliver all preliminaw evidentiary packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or ignored to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. ARTICLE VIII Prehearing Procedures Section 1. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference prior to the scheduled hearing. The Code Enforcement Investigator may contact the alleged violator to determine if a prehearing conference will occur and to schedule the meeting at a lime which is mutually a~eed to by the parties. At the preheating conference the following may occur: a. The parties may stipulate to any facts which are not in dispute. b. The parties may stipulate to any exhibits or evidence to be introduced into the record which are not in dispute. c. The names and addresses of witnesses to be called will be exchanged along xx'itl~ a brief synopsis of the witnesses' testimony. Any facts or evidence stipulated to shall be submitted to the Board Members along with any prehearing evidentiary packets either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney and the opposing party, or their counsel, if applicable, at least five (5) days prior to the hearing. The person filing the motion shall provide the Board's Attorney with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE IX. Hearings Formal rules of evidenCe shall not apply, but fundamental due process shall be observed and shall govern the proceedings. The following procedures will be observed at hearings before the Board: ~c..,g~t~ rrr~ 5 NOV 13 200! PS. ¢ a. The Secretary to the Board shall read the notice of violations against the Respondent/alleged violator. b. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. The Respondent/alleged violator shall state his/her full legal name and physical residence. c Evidence shall be introduced at the beginning of each party's presentation. Any evidence which is sought to be introduced by a party who has not met the requirements of Article VII, Section 4 of these rules may be objected to by the opposing side. Whether to allow the evidence shall be at the discretion of the Board. d. All witnesses shall be sworn in. e. Each side shall be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. f. Members of the public may testify and provide relevant evidence to support that a violation has or has not occurred. Testimony of members of the public may be limited to no more than five (5) minutes unless extended by a majority vote of the Board. Members of the public may be required to pre-register to speak. g. The Board or its attorney may question any witness(es) or call any witness(es) as necessary. h The right of the parties to present rebuttal evidence is discretionary with the Board. i. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. j. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred, it shall then deliberate and determine ,,vhat affirmative relief and potential fines shall be appropriate. If the Board does not find that a violation has occurred, the charges shall be dismissed. k. The Board, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Laxv and state the affirmative relief granted by the Board. The Board mav include in such Order a fine to take effect the day following the specified compliance date in case of non-compliance. In determining the amount of the fine, if any, the Board shall consider the following factors: (1) the gravity of the violation; (2) any actions taken bv the violator to correct 40V 13 2001 the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed Two Hundred Fifty Dollars ($250.00) for each day thc violation continues past the specified compliance date and Five Hundred Dollars ($500.00) for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be redUced to writing and be mailed to the Respondent/violator within ten (10) days. 1. In the event the violation is a violation described in Section 162.06(4), Fla. Stat., the Board may direct the local governing body to make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs aton~ with the fine and any operational or prosecutorial costs. m. A party may request a rehearing of the Board's Order, based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of lax',' which ,:,,as fundamental to the decision of the Board. The written Request for Rehearing (may be in the forms of Exhibit "A") shall specify the precise reasons thereof. A Request for Rehearint shall be in writing and sent to the Secretary to the Board within ten (10) day's of the date the Order is received by the party, but in no event more than twenty (20) days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Request for Rehearing has been disposed of and the decision received by the parties; provided, however, that in no event shall the Order be stayed for a period longer than twenty (20) days from date of the mailing of the rehearing decision. n. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it may: (1) Schedule a hearing ,:,,here the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or (2) Modify or reverse its prior Order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. o.. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall no___tt stay the Board's Order. AGENDA ITEM NOV 1 2001 ARTICLE X Enforcement Section 1. After an Order has been issued by the Board and a date of compliance has been set, the Code Enforcement Investigator should make a reinspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator should file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A copy of said Affidavit shall be sent to tile violator by certified mail. return receipt requested. Section 3. If the Code Enforcement Investigator files an Affidavit of Compliance, the Secretary to the Board shall close the file and so report to the Board. Section 4. If the Code Enforcement Investigator files an Affidavit of Non- Compliance, the Board shall meet to determine the amount of fine to be imposed. Tile Respondent shall receive a notice of the Board meeting. The Board's deten'nination to impose a fine, and operational or prosecution costs, shall be reduced to writing and a copy of the Order Imposing Administrative Fine/Lien shall be mailed to the violator by certified mail, return receipt requested, or served upon the violator as specified by the Ordinance and recorded in tile Public Records of Collier County, Florida. Section 5. The Board may, at any hearing, order the reappearance of the Respondent at a future hearing. ARTICLE XI Recordino~ of Order Section 1. A certified copy of an Order imposing a fine shall be recorded in tile public records and thereafter shall constitute a lien against the land on which the violation exists. For all Orders Imposing Fines/Liens rendered after April 16. 1999. the Order. when properly recorded, shall be superior to the interest on such property of any owner lessee, tenant, mortgagee, or other person except the lien of County taxes, and shall be coequal with Counts taxes. Upon petition to the Circuit Court, such Order may be enforced in the same manner ~s a court judgment by the sheriffs of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After three (3) months from the filing of any such lien which remains Unpaid, the Board max, authorize the attorney representing the Commission to foreclose on the lien. No lien create~t pursuant to this ordinance may be foreclosed on real property which is homestead under Section 4, Article X of the Florida Constitution. NOV 13 2001 PS... 5~ Section 2. No lien provided under this ordinance shall continue for a period longer than twenty (20) years after the certified cop3' of an Order Imposing a Fine has been recorded. unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a Notice of Lis Pendens was recorded. ARTICLE XII Reduction/Abatement of Fines Section 1. An request for a reduction/abatement of fines may be in the form of a Request to Reduce/Abate Fines (Respondent may use Exhibit B). The Request should contain the following information: (a'} name. and address of named Respondent; (b) names of all owners of the property which is the subject 0fthe violation; (c) physical address of subject property; Id) nature of violation; (e) description of abatement of violation and date of abatement; (In the cxcnt that the violation cannot be abated by Respondent, the Respondent shall include in the Request to Reduce/Abate Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated, and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) any other factors that may be considered by the Board; (h) signature of Respondent: and (i) all supporting documentation. The Respondent should provide the Secretary to the Board fifteen (15) copies of the Request to Reduce/Abate Fines. attaching all supporting documentation. A Request to Reduce/Abate Fines may be made after a violation has been abated, or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Request to Reduce/Abate Fine be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon the proper filing of a Request, the Secretary to the Board shall set the Request on the next available agenda of the Code Enforcement Board. The failure of the Respondent to comply with the requirements set forth above may be grounds for dismissal of the Request by the Code Enforcement Board. Such dismissal shall be withont prejudice to the Respondent to file another request accordance with these Rules. Section 3. Upon the proper filing of a Request to Reduce/Abate Fine, the Board may consider the following factors: (a) the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the NO / 1 3 2001 ps._ /0 violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine"lien: (g) an3' hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred bx' Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate. Section 4. The Respondent shall have the burden of proof to show wh~/a fine/lien should be reduced or abated. The hearing shall be conducted according to Article'IX of these Rules, where applicable. Section 5. The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing, subject to appeal to tl~e Circuit Court as a final administrative order. Any aggrieved party may appeal a final order to the Circuit Court within thirty. (30) days of the execution of the Order appealed. An appeal shall not be a hearing de no~'a (new hearing), but shall be limited to appellate review of the record created. Filing an ~ppeal shall not stay the Board's Order. Section 6. The Order, when property recorded, shall serve to supersede the prior Order Imposing Fine/Lien and shall operate as a lien upon the real property of the Respondent. Those Order Reducing Fines/Liens which .were originally imposed before April 16, 1999 shall operate as a lien on both the real and personal property of the Respondent. ARTICLE XIII Miscellaneous Section 1. These Rules and Regulations may be revised and adopted consistent with state statutes and county ordinances during a regular meeting by the affirmative vote of at least four (4) members of the Board. provided notice of a proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowingly discuss any case with any alleged violator or with each other or with any other interested party prior to the final resolution of the case by the Board. Section 3. In the event a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is the potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties shall be permitted if the non-party's interest will be affected by the Board's decision. 10 ~. NOV 13 200 // Section 5. The Board, at its discretion, ma3' ask for periodic reports from County staff as to the status of cases. Section 6. In the event of a conflict between these Rules and Regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s) or statute(s) shall prevail. THESE RULES AND REGULATIONS, As Amended, ARE HEREBY APPROVED this day of ,2001. COLLIER COUNTY CODE ENFORCEMENT BOARD Chair Vice-Chair Alternate Alternate AGENDA ITEM NOV 1 3 2001 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Petitioner, vs. CASE No.: CEB: Respondent(s) / RESPONDENT'S REQUEST FOR REHEARINC Respondent(s), , pursuant to Article IX of the CEB Rules and Regulations, requests that the Code Enforcement Board grant the Respondent's Request for Rehearing, and in support thereof would state as follows: 1. Respondent(s) name and home address (no P.O. Box): 2. Location of the property, which is the subject of the violation(s): 3. Owner of the property.: 4. Respondent(s) was found to be in violation of the following Code provision(s): 5. The violation(s) was for: NOV t3 200t Pl~- ~'" 6. The violation(s) was corrected on the following date: OR Respondent(s) was unable Io correct the violation(s) because: 7. The reasons that the CEB should grant a rehearing are: a. The decision is contrary to the evidence because: b. The hearing involved an error on a ruling of law which was fundamental to the decision of the board. What error on which ruling of law and why was it fundamental to the decision of the board? WHEREFORE, Respondent hereby requests that the Code Enforcement Board grant a rehearing of this case. Respondent(s) signature(s) Date Respondent(s)'s printed name(s) STATE OF FLORIDA ) COUNTY OF COLLIER) SWORN TO AND SUBSCRIBED before me on this ~ day of 200_, by , who is personally known to me , or who has produced as identification. My commission expires: ,.--. Notary Public AO.,f.~A IXOa ~.J~ ~ NOV 1 3 2001 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Request for Rehearing (and 15 copies) were served by regular U.S. Mail, postage prepaid, (or by hand delivery) on the dav of ,200_, to Maria Cruz, Secretary to the Code Enforcement Board, 2800' N. Horseshoe Drive, Naples, Florida 34112. Respondent NOV 1 3 20111 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Petitioner, vs. CASE No.: CEB: Respondent(s) / RESPONDENT'S REQUEST FOR REDUCTION/ABATEMENT OF FINES Respondent(s), , pursuant to Article XII of the CEB Rules and Regulations, requests that the Code Enforcement Board grant the Respondent's Request for Reduction/Abatement of Fines, and in support thereof would state as follows: 1. Respondent(s) name and home address (no P.O. Box): 2. Location of the property which is the subject of the violation(s): 3. Owner of the property: 4. Respondent(s) was found to be in violation of the following Code provision(s): 5. The violation(s) was for: NOV 13 2001 6. The violation(s) was corrected on the following date: The corrective measures taken by Respondent(s) consisted of: OR Respondent(s) was unable to correct the violation(s) because: (Attach documentation which shows efforts to abate the violation and why the violation cannot be corrected.) 7. The fines imposed should be reduced or abated because (state reasons): 8. The following are other factors which should be considered by the Code Enforcement Board in granting a reduction/abatement of the fines: 9. The following documents are attached hereto: WHEREFORE, Respondent hereby requests that the Code Enforcement Board grant an Order Reducing/Abating Fines. Respondent(s) signature(s) Date Respondent(s)'s printed name(s) AC.~.NDA ITEM NOV t3 2001 STATE OF FLORIDA ) COUNTY OF COLLIER) SWORN TO AND SUBSCRIBED before me on this ~ day of 200_, who is personally known to me , or who has produced by -' as identification. My commission expires:_ Notary Public CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Request for Reduction/Abatement of Fines (and 15 copies) were served by regular U.S. Mail, postage prepaid, (or by hand delivery) on the ~ day of ,200_, to Maria Cruz, Secretary to the Code Enforcement Board, 2800 N. Horseshoe Drive, Naples, Florida 34112. Respondent AGENDA ITEM NOV 1 3 2001 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT ~VITH TASK FORCE FOR THE HOMELESS (DBA ST. MATTHEW'S HOUSE) TO UNDERTAKE INFRASTRUCTURE CONSTRUCTION TO SUPPORT FOUR (4) SPECIAL NEEDS APARTMENT BUILDINGS USING $ 224,160 OF THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING. THE BOARD OF COUNTY COMMISSIONERS APPROVED THIS PROJECT AS A PART OF THE COUNTY'S CONSOLIDATED PLAN FY 01-02 ONE-YEAR ACTION PLAN ON MAY 8, 2001. OBJECTIVE: To have the Board of County Commissioners approve an Agreement betv,'een Collier County and Task Force for the Homeless (dba St. Matthew's House) to undertake infrastructure constntction to support four (4) special needs apartment buildings using $ 224,160 of the County's CDBG funding. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners approved the County's Consolidated Plan FY 01-02 One-Year Action Plan which included Task Force for the Homeless' project to use County's CDBG funding to undertake infrastructure construction to support four (4) special needs apartment buildings. FISCAL IMPACT: The total amount anticipated to be funded is S224,160 of CDBG funds. GROWTH MANAGEMENT IMPACT: This project is consistent with the policies and objectives of the Growth Management Plan, Housing Element and Golden Gate Area Master Plan. RECOMMENDATION: The Board of County Comlnissioners approve the Agreement betxveen Collier County and Task Force for the Homeless. SUBMITTED BY: /~~ Date: {0 - Lee H. Combs, Manager Housing and Urban Imp/rovement REVIEWED BY: ._/"/"~, ',1~//''~-~ Date:/~' -'~- Greg Mil)~i? Director ~ousing'and Urba~Improvement ~PROVED BY: ~~~ Date:,O/~[~ _ JOhn M. Dunnuck, III, Interim Director Commuffity Development & Environmental Services NOV 2001 AGREEMENT BETWEEN COLLIER COUNTY AND TASK FORCE FOR THE HOMELESS (dba St. Matthew's House) Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-01-UC-12-0016 THIS AGREEMENT, is entered into this day of , 20__, by and between Collier County, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program, and Task Force for the Homeless (dba St. Matthew's House), a not-for-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at St. Matthew's House, 2001 Airport Road S., Naples, Florida 34112, and its Federal Tax Identification number as 65-0097432, collectively "the parties." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Collier County and Task Force for the Homeless (dba St. Matthew's House) desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan, and WHEREAS, Collier County desires to engage Task Force for the Homeless (dba St. Matthew's House) to implement such undertakings of the Community Development Block Grant Program as a worthwhile County purpose, and NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: NOV 13 2001 Sub-R St Matt (102501-1015) BCC Page 2 of 23 PART I DEFINITION AND PURPOSE 1. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HUI" means Collier County Housing and Urban Improvement. (4) "Agency" means Task Force for the Homeless (dba St. Matthew's House). (5) "HUI Approval" means the written approval of the HUI Director or his designee. (6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by U.S. HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A." 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. At least fifty-one percent (51%) of the beneficiaries of a project funded under this Agreement must be Iow-and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner, as determined by HUI, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B," both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD, AND CONDITIONS OF PAYMENT 1. MAXIMUM COMPENSATION The Agency agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HUI Director or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said services shall be performed in a manner satisfactory to HUI. In no event shall the total reimbursement to be paid hereunder exceed the maximum and total authorized sum of $224,160.00 for the period July 1, 2001 through and including June 30,2002. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, ........ as set forth in sections 4. (7)(e), and 4. (8) below .,.- 2. TIME OF PERFORMANCE ~ The effective date of this Agreement and all rights and duties designated hereunder ar,- ' ~ I'~ :ontingent upon the timely release of funds for this project by U. S. HUD under Grant No. E "- 1-UC-12-0016. The effective date shall be the date of execution of this Agreement, and the .~ o ~, ervices of the Agency shall be undertaken and completed in light of the purposes of this z ~,greement. In any event, all services required hereunder shall be completed by the Agency ~rior to June 30, 2002. Task Force for Homeless (102301-1800) Page 3 of 23 3. METHOD OF PAYMENT The County agrees to reimburse the Agency for all budgeted costs permitted by Federal, State, and County guidelines. In no event shall the County provide advance funding to the Agency. Requests by the Agency for payments or reimbursements shall be accompanied by proper documentation of expenditures. The Agency shall not request reimbursement for payments made by the Agency after the expiration date of this Agreement. Payment shall be made by the Collier County Finance Department upon proper presentation of invoices and reports approved by the Agency and HUI for reimbursement. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT: (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Agency shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HUI Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HUI. No payments will be made until approved by the HUI Director or designee. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify HUI in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HUI Director or designee within forty-five (45) days of said official notification. (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and/or an audit of the Agency, or of any of its subcontractors, by an independent auditing firm employed by the County or by the County Internal Audit Department at any time the County deems necessary to determine if the project is being managed in accordance with Federal, State, and County requirements. (3) SUBCONTRACTS Any work or services subcontracted by the Agency shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the Agency of any subcontract hereunder, such subcontracts must be submitted by the Agency to HUI for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and U.S. HUD. Subcontracts for architecture, engineering, survey, and I-,~ | planning shall be negotiated fixed fee contracts. All additional services shall have ~=, prior written approval with support documentation detailing categories of persons ~d performing work plus hourly rates including benefits, number of drawings required, ~ and all items that justify the "Fixed Fee Contract." Reimbursements for such services .~'~! > will be made at Agency cost. ~ o ~ None of the work or services covered by this Agreement, including but not limited to z consultant work or services, shall be subcontracted by the Agency or reimbursed by the County without prior written approval of the HUI Director or his designee. (4) PURCHASING Task Force for Homeless (102301-1800) Page 4 of 23 All purchasing for services and goods, including capital equipment, shall be made purchase order or by a written contract and in conformity with the procedures prescribed by the Collier County Purchasing Ordinance No. 87-25, as well as Federal Management Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principal for Non-Profit Organizations), and 24CFR Part 84, which are incorporated herein by reference. (5) REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. (6) ADDITIONAL HUI, COUNTY, AND U.S. HUD REQUIREMENTS HUI shall have the right under this Agreement to suspend or terminate reimbursement until the Agency complies with any additional conditions that may be imposed by HUI, the County, or U.S. HUD at any time. (7) PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the HUI Director or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the Agency pursuant to this Agreement; (b)All capital equipment expenditures of $1,000 or more; (c)All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061 ); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. (8) PROGRAM-GENERATED INCOME All income earned by the Agency from activities financed in whole or in part by funds provided hereunder must be reported to HUI. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The Agency shall report its plan to utilize such income to HUI, and said plan shall require the prior written approval of the HUI Director or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Agency. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received by the Agency or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to a_ny_A,qency requests to utilize uncommitted funds. PART IV GENERAL CONDITIONS NOV 1 3 2001 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Agency agrees that no person shall on the ground of race, color, disability, national Task Force for Homeless (102301-1800) Page 5 of 23 origin, religion, age, financial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. 2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the CDBG Annual Consolidated Plan approved by U.S. HUD. 3. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be Iow- and moderate-income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement..The Agency shall provide written verification of compliance to HUI upon HUI's request. 4. EVALUATION AND MONITORING The Agency agrees that HUI will carry out periodic monitoring and evaluation activities as determined necessary by HUI or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to HUI, the County or the County's designees and make copies or transcriptions of such records and information as is determined necessary by HUI or the County. The Agency shall, upon the ~,,,,~~1 ~uqUest of HUI, submit information and status reports required by HUI, the County or U.S. D on forms approved by HUI to enable HUI to evaluate said progress and to allow for mpletion of reports required of HUI by U.S. HUD. The Agency shall allow HUI or U.S. t,~ I~UD to monitor the Agency on site. Such site visits may be scheduled or unscheduled as ~ k,~l~etermined by HUI or U.S. HUD. ~ time during normal business hours and as often as HUI, the County, U.S. HUD, or ~ Comptroller General of the United States may deem necessary, there shall be made available by the Agency to HUI, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. Task Force for Homeless (102301-1800) Page 6 of 23 The Agency agrees to comply with the provisions of the Single Audit Act of 198'4, ~ amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principal for Non- Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to HUI approval. The Agency shall provide such audit to HUI. In the event the Agency anticipates a delay in producing such audit or audited financial statements, the Agency shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Agency. In the event the agency is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the Agency as defined in A-133. The County will be responsible for providing technical assistance to the Agency, as deemed necessary by the County. 6. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Agency for the purpose of this Agreement shall be made available to the County by the Agency at any time upon request by the County or HUI. Upon completion of all work contemplated under this agreem,e.n? copies of all documents and records relating to this Agreement shall be surrendered to HU if requested. In any event the Agency shall keep all documents and records for five (5) years after expiration of this Agreement. 7. INDEMNIFICATION The Agency shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the Agency. Agency's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The Agency will hold the County harmless and will indemnify the County for funds which the County is obligated to refund the Federal Government arisin9 out of the conduct of activities and administration of Agency. 8. INSURANCE Unless otherwise specified in this Agreement, the Agency shall, at its sole expense, maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein as to types and limits, as well as the County's review or acceptance of insurance maintained by the Agency, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Agency under this Agreement. .~.,'~rr~.~.) ' _:OMMERCIAL GENERAL LIABILITY ~.:_/~.,~ L~ I-he Agency shall agree to maintain Commercial General Liability at a limit of liability tot less than $500,000 Each Occurrence. Coverage shall not contain any N0~! I ~ 2001 endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The Agency agrees this coverage shall be Task Force for Homeless 102301-1800) Page 7 of 23 provided on a primary basis. (2) BUSINESS AUTOMOBILE LIABILITY The Agency shall agree to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non-owned and hired automobiles. The Agency shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The Agency shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The Agency agrees this coverage shall be provided on a primary basis. (3) ADDITIONAL INSURED The Agency shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and A.qents, c/o Department of Housing and Urban Improvement". The Agency shall agree the Additional Insured endorsements provide coverage on a primary basis. (4) CERTIFICATE OF INSURANCE The Agency shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the cer[ificate(s). (5) RIGHT TO REVIEW AND ADJUST The Agency shall agree that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Housing and Urban Improvement, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. 9. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain, or to cause to be maintained, a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 0. CONFLICT OF INTEREST '' 'rte Agency covenants that no person who presently exercises any functions or I¢ ;ponsibilities in connection with the Project, has any personal financial interest, direct or ~-- ,~,' lirect, in the target areas or any parcels therein, which would conflict in any manner or ~--~ dc :gree with the performance of this Agreement and that no person having any conflict of ~C:~ i~ erest shall be employed by or subcontracted by the Agency. Any possible conflict of ;I ~ ~ereston the part of the Agency or its employees shall be disclosed in writing to HUI )vided, however, that this paragraph shall be interpreted in such a manner so as not to  reasonably impede the statutory requirement that maximum opportunity be provided for , nployment of and participation of Iow and moderate-income residents of the project target Task Force for Homeless (102301-1800) Page 8 of 23 a rea. 11. CITIZEN PARTICIPATION The Agency shall cooperate with HUI in.the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Agency or its subcontractors will undertake in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings and assist HUI in the implementation of the Citizen Participation Plan, as requested by HUI. 12. RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by HUI in all publications and publicity. In addition, the Agency will make a good faith effort to recognize HUI's support for all activities made possible with funds made available under this Agreement. 13. CONTRACT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as "the Contract;" and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the Contract as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits (2) Office of Management and Budget Circulars A-110 (Uniform Administrativ,- Requirement for Federal Grants), A-122 (Cost Principal for Non-Profit Organizations A-133 (Audits of State, Local Governments, and Non-Profit Organizations), anid 24CFR Part 84 (3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Act of 1990 (4) Executive Orders 11246 (Equal Employment opportunity), 11478 Equal Employment Opportunity in Federal Government), 11625 (Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise), 12432 (Minority business enterprise development), the Davis Bacon Act, and Section 3 of the Housing and Community Development Act of 1968, Section 504 of the Rehabilitation Act of 1973, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (5) Executive Orders 11063 (Equal opportunity in housing), 12259 (Leadership and Coordination of Fair Housing and Federal Programs), 12892 (Leadership and Coordination of Fair Housing in federal Programs: Affirmatively Furthering Fair Housing), the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended (6) Florida Statutes, Chapter 112 (7) Collier County Purchasing Ordinance No. 87-25 (8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended (9) The Agency's personnel policies and job descriptions -- ( it~ The Agency's incorporation Certificate and Articles of Incorporation (1 -The Agency's By-laws ~'~'1 ~ (1 The Agency's Certificate of Insurance '- '~ ~1 ~ (1 Current list of the Agency's officers and members of its Board of Directors ~,...[ >50'"(1 ,f Proof of the Agency's 501 (c)(3)certification fromthe Internal Revenue Service ~ these documents will be maintained on file at HUI. The Agency shall keep an original z v. his Agreement, including its Exhibits, and all amendments thereto, on file at its principal offi :e. Task Force for Homeless (102301-1800) Page 9 of 23 14. ENVIRONMENTAL CONDITIONS (1) AIR AND WATER The Agency, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: · Clean Air Act, 41 U.S.C., 7401, et seq. · Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. (2) FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA which would satisfy this requirement and/or reduce the cost of said flood insurance. (3) LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 25. Such regulations pertain to all HUD-assisted hosing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall poir~t out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. HISTORIC PRESERVATION \,! The Subrecipient agrees to comply with the Historic Preservation requirements set i~'/~----'~ ~(~'! forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) ~ and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic ~ Preservation Procedures for Protection of Historical Properties, insofar as they apply > . to the performance of the Contract. z o Z" In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or ....... that are included, on a Federal, state, or local historic property list. 5. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Agency with funds under this Agreement shall be returned to HUI or the County. In the event of termination, the Agency shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Agency, and the County may withhold any payment to the Agency for set-off purposes until such time as the exact amount of damages due to the County from the Agency is determined. Task Force for Homeless (102301-1800) Page 10 of 23 (1) TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (2) TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. (3) TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. 16. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform'to the terms and requirements of applicable law. 17. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. 18. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HUI at its office, presently located at 3050 N. Horseshoe Drive, Suite #145, Naples, Florida 34104, and to the Agency when delivered to its office at the address listed on page one (1) of this Agreement. 19. INDEPENDENT AGENT AND EMPLOYEES The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not CollieF County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation ,, ~F d employee benefits. i:;~. [' FORFEITURE - ~ -I~ rights of the County under this Agreement shall be cumulative and failure on the part of i~ _¢'-' ~.~ tl ~ County to exercise promptly any rights given hereunder shall not operate to forfeit ¢ >., .v, ive any of the said rights. Z 21. PL BLIC ENTITY CRIMES A.' provided in F.S. 287.133 by entering into this Agreement or performing any work in Task Force for Homeless (102301-1800) Page 11 of 23 furtherance hereof, the Agency certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). 22. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-three (23) enumerated pages which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 23. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of , 20 TASK FORCE FOR THE HOMELESS BY: (AGENCY SEAL) Frank Meehan, Executive Director BY: Rev. Dr. James J. Kirk, President BY: Attorney for Agency (Signature Optional) ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Deputy Clerk By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and Legal sufficiency: ~ L..~z>.>~.~.../* t/~/"/'~' ~.,' .... ? ~.~j ~atrick G. White ~ Assistant County Attorney NOV 1 3 2001 Task Force for Homeless (102301-1800) Page 12 of 23 EXHIBIT "A" WORK PROGRAM NARRATIVE TASK FORCE FOR THE HOMELESS (DBA ST. MATTHEW'S HOUSE) I. THE AGENCY AGREES TO: A. PROFESSIONAL SERVICES: The Agency shall advertise and procure the services of an engineering consultant for this project to provide design services to create plans and specifications for the infrastructure and four (4) apartment buildings. The consultant shall also prepare, obtain and review bids, prepare contract documents, inspect work in progress, recommend payment to contractor and provide other professional services customarily provided by similar professionals; and the consultant shall also coordinate the design and construction work with the asbestos abatement contractor, should such abatement become necessary. All such work and services must be under written contracts complying with the terms of the Contract and-must be reviewed and approved by HUI. The procurement process of the consultant shall also incorporate any sub-consultants which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub-consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The scope of this project subject to funding availability shall include the infrastructure construction to four (4) apartment buildings at Wolfe Apartments. Infrastructure will include turn lane construction, entry road construction, sewer facilities. water facilities (including fire protection), flood and drainage, and paving. Task Force for t,~ Homeless will also build, or cause to be built, four (4) apartment buildings to be complet6. by September, 2003. NOTE 1: The Agency shall submit its bid package and drawings/specifications to HUI and obtain a letter of approval prior to bidding the construction work. NOTE 2: The Agency shall prioritize the work in the project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders which would then allow the award of items that can be funded by the budget. NOTE 3: The Agency shall not award the construction contract for the project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The Agency shall obtain HUI approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the Agency shall obtain HUI approval prior to executing any change orders to such contract. NOTE 4: The Agency shall not request reimbursement from HUI for materials or equipment received and stored on the project site or elsewhere. The Agency shall only request reimbursement for materials and equipment that have been installed. The Agency further agrees that HUI, in consultation with any parties HUI deems necessary, shall be the final arbiter on the Agency's compliance with the above. C. BUDGET: AOC. NDA ITEM 1 Line Item: CDBG Funds Other No. /C,,¢- ~ Site Preparation 43,551 14,5 17 NOV 1 3 2001 Drainage System 34,247 11,4 16 Sewer System 9,731 3,: 44 I~g., 1, ~ Task Force for Homeless (102301-1800) Page 13 of 23 Potable Water & Fire Service 41,980 13,993 Irrigation Service 2,182 727 Paving 92,469 30,823 Construction Costs (4 buildings) 3,219,221 Land Acquisition 460,000 Design 176,000 Engineering 7,192 Architectural 187,000 Impact Fees 68,632 Subtotals 224,160 4,182,765 Total 4,326,925 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the Agency, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to HUI, on behalf of the County, as the Grantee, for HUI approval, in a form specified by HUI. In addition, HUI may require a more detailed budget breakdown than the one contained herein, and the Agency shall provide such supplementary budget information in a timely fashion in the form and content prescribed by HUI. Any amendments to this budget must be approved in writing by the County and the Agency. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REQUIREMENTS: The Agency shall comply, and ensure its subcontractors' compliance, with all applicable requirements contained in Exhibit C, attached hereto, for construction work in connection with the project funded through this agreement. F. DAVIS-BACON ACT: The Agency shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The Agency shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-Bacon Act in its construction bid solicitation and sub-contract(s). G. BONDING REQUIREMENTS: The Agency shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24CFR Part 84 in regard to bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The Agency shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the project. The Agency agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. I. FORMER PROJECTS: The Agency shall maintain all previously completed CDBG funded projects. Failure to do so will result in forfeiture of future CDBG funds and will delay funding for ongoing activities. J. WORK SCHEDULE: The time frame for completion of the outlined acti~/ities~,r:t~:i~..l~,._,~L~ 15, 2002. / ~'""/'/t ~ Complete Design & Bid Documents completed Advertise & Accept Bids completed NOV I 3 201:]1 Task Force for Horneless (102301-1800) Page 14 of 23 Award Contract completed Start Construction November 5, 2001 Complete Construction (infrastructure) June 15, 2002 K. REPORTS: The Agency shall submit detailed monthly progress reports to Housing and Urban Improvement outlining the status of specific activities under each project. Each report must account for the total activity for which the Agency is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the projects. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for HUI approval of invoices, etc. for reimbursement. L. USE OF THE PROJECT FACILITY: The Agency agrees in regard to the use of the facility whose acquisition or improvements are being funded in part or in whole by CDBG funds as provided by this Agreement, that it will comply with the provision of Exhibit D. Upon execution of this Agreement the Agency shall execute and deliver to the County Exhibit D, which the County shall record in the public records. Recording fees associated with this Exhibit shall be charged to the project budget identified in this Agreement. M. SECTION 3 REQUIREMENTS: The Agency agrees to comply with all Section 3 requirements applicable to contracts funded through this agreement. Information on Section 3 is available at HUI upon request. The Agency shall include the following, referred to as the Section 3 Clause, in every solicitation and every subcontract it enters into for every Section 3 covered project: Section 3 Clause a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a no!ice advising the labor organization or workers representative of the contractors commitment under tills Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. XC.C-NO,~I~'7--'~ The contractor agrees to include this Section 3 clause in every subcontrac' I~1~... /f- R --~I I subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or I (}Ii in this Section 3 clause, upon a finding that the subcontractor is in violation of I~0V 1 3 20the regulations in 24 CFR Part 135. The contractor will not subcontract with :j Task Force for Homeless (102301-1800) Page 15 of 23 "--' any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. II. THE COUNTY AGREES TO: A. Arrange to provide CDBG funding for the above specified improvements (including consultant services) described in the Scope of the Project as set forth in the stated Budget, during the term of this Agreement, in the maximum amount of $224,160.00. However, the County shall not provide any funding for the construction work until it is assured that sufficient funds are available to complete the project. B. Provide project administration and inspection to the Agency to ensure compliance with U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and regulations. C. Monitor the Agency during the term of this Agreement. Monitoring visits may be scheduled or unscheduled as determined by HUI, be conducted by HUI staff or its agents, and will serve to ensure compliance with U.S. Department of HUD regulations, and that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to HUI on program activities. D. The County shall perform an environmental review of the project, and review and approve project design and bids submitted for the work. The County shall also perform Davis Bacon Act Labor Standards monitoring and enforcement. Environmental review costs incurred by the County may be charged to the project budget identified above. E. Allowable costs that may be paid by the County using CDBG funds under this Agreement in addition to those stated in II.A above: i) Costs of asbestos surveys, asbestos abatement, and abatement monitoring. ii) Cost of soil testing. iii) Reproduction costs of plans and specifications for the project. iv)Costs of any other services customarily associated with projects of the nature of the project contemplated by this Agreement. HUI shall review requests by the Agency for expenditures on the above items prior to the Agency undertaking the services associated with them, and HUI may approve any such expenditures it deems appropriate for this project. ,, ~ FrEM NOV 13 2001 Task Force for Homeless (102301-1800) Page '16 of 23 EXHIBIT "B" LETTERHEAD STATIONERY TO: Greg Mihalic, Director Housing and Urban Improvement 3050 N. Horseshoe Drive, Suite #145 Naples, FL 34104 FROM: Name of Agency/Subgrantee: Address: Phone: RE: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ The expenditures for this invoice covers the period through_ ._ You will also find attached back-up original documentation relating to the expenditures bein9 invoiced. Approved for Payment by HUI: Print name of HUI representative: ~l'rE~ " NOV 13 2001 Task Force for Homeless (10230'1-1800) Page 17 of 23 EXHIBIT "C" ASBESTOS REQUIREMENTS PART A - SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR REHABILITATION AND DEMOLITION OF STRUCTURES: The provisions of this part apply to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. ASBESTOS NOTIFICATION Federal and state asbestos regulations require, prior to the rehabilitation or demolition of any structure: (1) an inspection for asbestos-containing materials (ACM), (2) removal of specified ACM, and (3) an asbestos notification of rehabilitation or demolition received at least ten (10) business days prior to demolition. To meet requirements #1 and #2 above, the Agency shall secure the services of a qualified company to survey the all structure(s) to be rehabilitated or demolished in connection with this agreement for the presence of ACM and the Agency shall make every effort to remove Regulated Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g. asbestos-cement board and shingles) before commencing any rehabilitation or demolition work on such structure(s). To meet requirement #3 above for rehabilitation or demolition work, the Agency is responsible for submitting a complete and accurate asbestos notification form titled "Notice of Asbestos Removal Project" [i.e. NESHAP notification, 40 CFR Part 61.145(b)], for each separate address where work will be performed to the below listed agencies at least 10 business days prior to demolition. The 4-copy forms are available from the Department of Environmental Protection. SEND ORIGINAL TO: State Asbestos Coordinator FL Dept. of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2409 SEND PINK COPY OR FAX OF ORIGINAL TO: Collier County Housing and Urban Improvement Department J NOV 1 3 2001 Attn: NESHAP 3050 N. Horseshoe Drive, Suite 145 Naples, FL 34104 i~._ FAX: (941) 403-2331 _ The Agency must notify the County's HUI Department immediately if the demolition Staff Date changes. No demolition may start before the Start Date on the NESHAP notification and no demolition may occur without the notice to proceed from the County. It is the responsibility of the Agency to call and submit revised NESHAP notification to the above listed agencies, adhering to required NESHAP time frames. The Agency is responsible for physical checking the structure(s) before submitting the Task Force for Homeless (102301-1800) Page 18 of 23 NESHAP notification to ensure that all RACM and Category II ACM, as identified in th~ p~. rehabilitation or pre-demolition asbestos inspection report, have been removed. If RACM or Category II ACM is discovered, the Agency shall immediately contact the County's Project Manager. 2. WORK PRACTICES The Agency will utilize wet methods to control airborne emissions during the demolition process and during loading onto transport vehicles, regardless whether Category I is present or not. The Agency is responsible for supplying water meters, hoses, and adequate volume of water to the demolition site. Recycling of any building materials with either presumed or confirmed asbestos-containing Category I (e.g. floor tile, sheet vinyl, and/or roofing materials) is not permitted, unless written authorization is provided to the Agency by the County. 3. OSHA AND FLORIDA STATUTES COMPLIANCE In accordance with OSHA, (reference 29 CFR 1926.1101) in the event ACM is present the Agency must have a competent person onsite who: (1) is capable of identifying existing asbestos hazards in the workplace, (2) is capable of selecting the appropriate control strategy for asbestos exposure, and (3) has the authority to take prompt corrective action to eliminate them. This person must be trained in accordance with Chapter 469 Florida Statutes as an onsite supervisor. Copies of training certificates of the onsite supervisor shall be made available to the County upon request. 4. ROOFING REMOVAL OF CONFIRMED OR PRESUMED ASBESTOS- CONTAINING BITUMINOUS ROOFING MATERIALS It is the responsibility of the Agency to determine if the roofing materials do not contain asbestos. If the Agency wishes not to sample and analyze for asl~estos, the materials will be presumed to contain asbestos and handled accordingly. If the Agency elects to sample the roof system, she/he must first notify the County of the sampling, including date, location, and number of samples to be collected. The bulk sample analyses must be performed by a NVLAP-accredited laboratory (NVLAP is the National Voluntary Laboratory Accreditation Program). Results, if proven less than one percent asbestos, shall be provided to the County prior to the start of any work. The Agency will be required to meet all Federal, State, and Local regulations pertaining to the handling, removal, and disposal of confirmed or presumed asbestos-containing roofing materials. This includes, but is not limited to: (1) Meeting the requirements listed in Chapter 469.012(2) & (3) Florida Statutes ~~.,...,~__~,.~,~,._~, regarding training of onsite roofing supervisors involved in the removal of  asbestos containing bituminous resinous roofing materials, and; ~.~ (: Utilizing removal methods that will maintain the roofing material's Category I non-friable status and will not create dust, i.e. employ methods other than sanding, grinding, drilling, abrading, rotary blade or saw cutting. Suggested NOV 13 2001 methods are slicing, shearing, or punch cutting while using wet methods where feasible. '~~vent ACM is found, the Agency will submit the following documentation to the County department coordinating this project. (1) Copies of training certificates of the onsite roofing supervisor in compliarac6 with the current requirements of Chapter 469 Florida Statutes; (2) Resume of the onsite roofing supervisor documenting asbestos-contair~ing roofing removal jobs performed ~vit h the last two (2) years; (3) Approval of a landfill to accept confirmed or'presumed asbestos-containing Task Force for Homeless (102301-1800) Page 19 of 23 roofing material and any conditions associated with its acceptance, and; (4) A plan of action, as specified by OSHA 29 CFR 1926.1101 which addresses: a. Method of removal b. Worker protection c. Protection of building occupants and ventilation systems d. Method and location of disposal PART B - SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR NEW CONSTRUCTION AND REHABILITATION AND DEMOLITION OF STRUCTURES The provisions of this part apply to new construction work and to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE GENERAL Federal regulations (40 CFR Part 61, Subpart M) classify asbestos-cement pipe (AC pipe) as Category II non-friable asbestos-containing material. AC pipe must be handled in a manner which will maintain this classification. Therefore, all cutting and disposal of AC pipe must be performed by a Florida Licensed Asbestos Contractor. The Agency will make every effort to identify and quantify the locating of known AC pipe and material prior to onset of work. If the Agency during the course of work observes, uncovers, or otherwise becomes aware of the existence of any asbestos-cement pipe, pieces, or material at the site to which the Agency or any subcontractor, supplier, or other person may be exposed, the Agency shall immediately notify the County and confirm any verbal notice in writing. The County shall promptly consult with the Project Engineer concerning such condition and determine the necessity of the County retaining special consultants or qualified experts. The Agency shall not perform any work near or in connection with the suspect material until receipt of special written instructions from the County. The Agency will ensure that all subcontractors follow these procedures. PRE-WORK SUBMITTALS The Agency shall submit the name of the Asbestos Contractor and a copy of his/her Florida Asbestos Contractor license to the Collier County department coordinating this project, prior to start of work. WORKER PROTECTION Licensed asbestos contractors will comply with the requirements of OSHA 29 CFR 1929.1101 concerning worker protection. -----'--'~-E-~E_CUTION OF WORK A'" pipe will be kept wet during all phases of removal. No visible emissions are permitted. the pipe using an airless sprayer or utilize available water. ly dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the s.~ttion of pipe to be cut. °~ I¢'-r~ak, cut, or snap pipe into sections suitable in size to the disposal facility. Abrasive disc ~,s are prohibited. Apply Iockdown encapsulant to exposed edges of pipe. Pick up all pipe debris that may have fallen outside dropcloth. Task Force for Homeless (102301-1800) Page 20 of 23 Use of compressed air to clean AC pipes is prohibited. At no time should AC pipe or pieces by mixed in with fill. DISPOSAL Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench, and wrap and secure in second layer of 6-mil poly. Affix the following labels to the exterior of each separately wrapped section of pipe. Labels are to be waterproof, Iegible, and large enough in size to be readily visible: First Label: CAUTION Contains Asbestos Fibers Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health Second Label: DANGER Contains Asbestos Fibers Avoid Breathing Dust Cancer and Lung Disease Hazard Breathing Airborne Asbestos, Tremolite, Anthophyllite or Actinolite Fibers is Hazardous to Your Health Third Label: RQ HAZARDOUS SUBSTANCE Solid, NOS ORM-E, NA9188 (Asbestos) Fourth Label: Label each container with the name of the generator (owner) and the location at which the waste was generated. Properly dispose of all AC pipe generated each day. All wrapped sections may be stored in a secure, locked enclosure pending disposal, if authorized by owner. At no time are section pieces of AC pipe to be left on the worksite uncapped and unsecured at the end of the workday. All vehicles and/or containers used to haul asbestos-containing waste material shall be lined with a minimum or 6-mil poly layer. Label trucks used to transport asbestos-containing waste material during loading and unloading as follows (refer to 29 CFR 1910.145(d)(4) for sign format): DANGER ~ /~/~ ~ Asbestos Dust Hazard / Cancer and Lung Disease Hazard NOV 1 3 2001 Authorized Personnel Only POST WORK SUBMITTALS The Agency or Asbestos Contractor, as waste generator shall complete a Waste Shipment Record (WSR) for each shipment of asbestos-cement pipe disposed. Refer to 40 CFR Part 61, Revision Final Rule for an example of WSR or contact Collier County Risk Task Force for Homeless (102301-1800) Page 21 of 23 Management/Loss Control. The Agency or his designated subcontractor will submit the following documents to the Collier County department coordinating this project prior to payment. A copy of the WSR prior to shipment. A copy of the WSR signed by the disposal facility within thirty-five (35) days of shipment. PART C - SPECIAL CONDITIONS - REGULATIONS: The provisions of this part apply to all projects contemplated in this agreement and described in Exhibit A of this agreement: Environmental Protection Agency: 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision Final Rule November 20,1990. Occupational Safety and Health Administration: 29 CFR 1926.1101 - Asbestos, Construction Industry Standard. Department of Business and Professional Regulations, Chapter 469 Florida Statutes, Licensure of Consultants and Contractors. NOV 13 2001 Task Force for Homeless (102301-1800) Page 22 of 23 EXHIBIT "D" Prepared by and Return to: Collier County Housing & Urban Improvement 3050 N. Horseshoe Drive, #145 Naples, Florida 34104 DECLARATION OF RESTRICTIONS TASK FORCE FOR THE HOMELESS (dba St. Matthew's House), a not for profit corporation duly organized and existing under the laws of the State of Florida, having its principal office at 2001 Airport Road S., Naples, Florida 34112 hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of Two Hundred Twenty-four Thousand One Hundred Sixty Dollars ($224,160.00) to be received from (the "County") does hereby grant to the County the following restrictions against the subject property described as: Lots 1 through 8, inclusive, Block 67, Golden Gate, at Township 49 South, Range 46 East, Collier County, Florida, more particularly described in the attached legal description denoted as Attachment "A." 1. This Declaration of Restrictions shall be deemed as covenants running with the land and ar~ binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $224,160.00 (in CDBG funds) as provided through a grant Agreement with the County dated , 2001, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of ten (10) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement, that for a period of ten (10) years after the expiration date of said Agreement (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and ,~'. '/C~e n ~w use of the facility/property, in the opinion of the County, qualifies as meeting  one f the national objectives defined in the regulations governing the CD BG NOV I 2[~ogr ~m, and is not a building for the general conduct of government; or J Task Force for Homeless (102301-1800) Page 23 of 23 ii) The requirements of paragraph 3(b)of this section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility/property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Housing and Urban Improvement Department (HUI). Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. 4. The Declarant agrees to notify the County in writing through the HUI Department of any liens, _ judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. 5. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. 6. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the ten-year period described above. Executed this day of ,20 TASK FORCE FOR THE HOMELESS dlb/a St. Matthews House By: (CORPORATE SEAL) Frank Meehan, its Executive Director STATE OF FLORIDA COUNTY OF COLLIER The forgoing Agreement was acknowledged before me this day of , 20 __, by , as of , who is personally known to me or has produced as identification and who did (did not) take an oath. ~ AGENOA ITE.~, ! (Print or type name) (Signature) ~- /-~ '¢' ~ Notary Public Sate of Florida at Large NOV 1 ~ 2001 My Commissioner Expires: (NOTARY SEAL) i~. C:~/.7/.,____ EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT ~VITH COLLIER COUNTY HOUSING AUTHORITY TO UNDERTAKE INFRASTRUCTURE CONSTRUCTION TO SUPPORT 40 SINGLE FAMILY HOME SITES IN IMMOKALEE USING $ 213,000 OF THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING. THE BOARD OF COUNTY COMMISSIONERS APPROVED THIS PROJECT AS A PART OF THE COUNTY'S CONSOLIDATED PLAN FY 01-02 ONE-YEAR ACTION PLAN ON MAY 8, 2001. OBJECTIVE: To have the Board of County Commissioners approve an Agreement betxveen Collier County and Collier County Housing Authority to undertake infrastructure construction to support 40 single family home sites in hnmokalee using $213,000 of the County's CDBG funding. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners approved the County's Consolidated Plan FY 01-02 One-Year Action Plan which included Collier County Housing Authority's project to use County's CDBG funding to undertake infrastructure construction to support 40 single family home sites in Immokalee. FISCAL IMPACT: The total amount anticipated to be funded is S213,000 of CDBG funds. GROWTH MANAGEMENT IMPACT: This project is consistent with the policies and objectives of the Growth Management Plan, Housing Element and hnmokalee Master Plan. RECOMMENDATION: The Board of County Commissioners approve the Agreement between Collier County and Collier County Housing Authority. SUBMITTED BY: Date: Lee H. Combs, Manager Housing and Urban Improvement Gre= ~ihalic, Director ~usl~d UrbTmpr°vementk Date aPP OWD : Jo~ M. ~unnuck, III, Interim Dir Communi~ Development & Environmental Services ~* ~- - NOV 13 2001 AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Housing Authority Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-01-UC-12-0016 THIS AGREEMENT, is entered into this day of , 20 , by and between Collier County, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program, and Collier County Housing Authority, a special independent district of the State of Florida created in accordance with § 421.27 of Florida Statutes, having its principal office at 1800 Farmworker Way, Immokalee, Florida 34142, and its Federal Tax Identification number as 59-1490555, collectively "the Parties." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community -'-~evelopment Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Collier County and Collier County Housing Authority desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan, and WHEREAS, Collier County desires to engage Collier County Housing Authority to implement such undertakings of the Community Development Block Grant Program as a worthwhile County purpose; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: ~ /¢//- '~-.~ NOV 13 2001 p~. ~-J Collier County Housing Authority (BCC 102501-1010) Page 2 of 23 PART I DEFINITION AND PURPOSE 1. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HUI" means Collier County Housing and Urban Improvement. (4) "Agency" means Collier County Housing Authority. (5) "HUI Approval" means the written approval of the HUI Director or his designee. (6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by U.S. HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A." 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. At least fifty-one percent (51%) of the beneficiaries of a project funded under this Agreement must be Iow-and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner, as determined by HUI, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B," both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD, AND CONDITIONS OF PAYMENT 1. MAXIMUM COMPENSATION The Agency agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HUI Director or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said services shall be performed in a manner satisfactory to HUI. In no event shall the total reimbursement to be paid hereunder exceed the maximum and total authorized sum of $213,000.00 for the period July 1, 2001 through and including June 30, 2002. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in sections 4. (7)(e), and 4. (8) below 2. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated l~¢~¢~rliiT~¢ ar~ contingent upon the timely release of funds for this project by U. S. HUD~undlit&Grant No. B-| 01-UC-12-0016. The effective date shall be the latest date of execution~of this-Agreement,~ and the services of the Agency shall be undertaken and completed in Ii,Iht t~h~nq f~¢jDf~tsesi of this Agreement. In any event, all services required hereunder shall b~ c6hil~leted by thel / Collier County Housing Authority (BCC 102501-1010) Page 3 of 23 '-- Agency prior to June 30, 2002. 3. METHOD OF PAYMENT The County agrees to reimburse the Agency for all budgeted costs permitted by Federal, State, and County guidelines. In no event shall the County provide advance funding to the Agency. Requests by the Agency for payments or reimbursements shall be accompanied by proper documentation of expenditures. The Agency shall not request reimbursement for payments made by the Agency after the expiration date of this Agreement. Payment shall be made by the Collier County Finance Department upon proper presentation of invoices and reports approved by the Agency and HUI for reimbursement. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT: (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Agency shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HUI Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HUI. No payments will be made until approved by the HUI Director or designee. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify HUI in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HUI Director or designee within forty-five (45) days of said official notification. (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and/or an audit of the Agency, or of any of its subcontractors, by an independent auditing firm employed by the County or by the County Internal Audit Department at any time the County deems necessary to determine if the project is being managed in accordance with Federal, State, and County requirements. (3) SUBCONTRACTS Any work or services subcontracted by the Agency shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the Agency of any subcontract hereunder, such subcontracts must be submitted by the Agency to HUI for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and U.S. HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional .,',,,,~ .... ,- ..... .... .._.K~j;~j~A~ ,= v ~ prior written approval with support documentation detailing cat~ gories-oT persons performing work plus hourly rates including benefits, number of Jra~%c~ed, /~' and all items that justify the "Fixed Fee Contract." Reimbursemen s for such se~ces ~ will be made at Agency cost. NOV 1 3 ZUU1 Collier County Housing Authority (BCC 102501-1010) Page 4 of 23 None of the work or services covered by this Agreement, including but not limited t,- consultant work or services, shall be subcontracted by the Agency or reimbursed b the County without prior written approval of the HUI Director or his designee. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Collier County Purchasing Ordinance No. 87-25, as well as Federal Management Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principal for Non-Profit Organization), and 24CFR Part 84, which are incorporated herein by reference. (5) REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. (6) ADDITIONAL HUI, COUNTY, AND U.S. HUD REQUIREMENTS HUI shall have the right under this Agreement to suspend or terminate reimbursement until the Agency complies with any additional conditions that may be imposed by HUI, the County, or U.S. HUD at any time. (7) PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the HUI Director or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the Agency pursuant to this Agreement; (b)All capital equipment expenditures of $1,000 or more; (c)All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061 ); (d) All change orders; and (e)All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f)All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. (8) PROGRAM-GENERATED INCOME All income earned by the Agency from activities financed in whole or in part by funds provided hereunder must be reported to HUI. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The Agency shall report its plan to utilize such income to HUI, and said plan shall require the prior written approval of the HUI Director or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Agency. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall ap/y to said activities. Any Program Income on hand at or received by the Aqencv or it~Ps'ub-contractors after the expiration of this Agreement shall be ~'~t~O~'¢l'Fja)'the' County no later than thirty (30) days after such expiration, sul: iect~ any Agenc~1 requests to utilize uncommitted funds. / NOV 1 3 2001 Collier County Housing Authority (BCC 102501-1010) Page 5 of 23 PART IV GENERAL CONDITIONS 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Agency agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. 2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the CDBG Annual Consolidated Plan approved by U.S. HUD. 3. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be Iow- and moderate- income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The Agency shall provide written verification of compliance to HUI upon HUI's request. 4. EVALUATION AND MONITORING The Agency agrees that HUI will carry out periodic monitoring and evaluation activities as determined necessary by HUI or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to HUI, the County or the County's designees and make copies or transcriptions of such records and information as is determined necessary by HUI or the County. The AgE n~v sh~ll ~r~,~n the request of HUI, submit information and status reports required by HUI, the HUD on forms approved by HUI .to enable HUI to evaluate said progr( ss a~d to allnw for completion of reports required of HUI by U.S. HUD. The Agency shal allow-HUI or U.S. HUD to monitor the Agency on site. Such site visits may be scheduled or I~0,tlcrlc:3:l~D~l as determined by HUI or U.S. HUD. pg. Collier County Housing Authority (BCC 102501-1010) Page 6 of 23 5. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HUI, the County, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to HUI, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principal for Non- Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to HUI approval. The Agency shall provide such audit to HUI. In the event the Agency anticipates a delay in producing such audit or audited financial statements, the Agency shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Agency. In the event the agency is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the Agency as defined in A-133. The County will be responsible for providing technical assistance to the Agency, as deemed necessary by the County. 6. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Agency for the purpose of this Agreement shall be made available to the County by the Agency at any time upon request by the County or HUI. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HUI if requested. In any event the Agency shall keep all documents and records for five (5) years after expiration of this Agreement. 7. INDEMNIFICATION The Agency shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the Agency. Agency's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The Agency will hold the County harmless and will indemnify the County for funds which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of Agency. 8. INSURANCE Unless otherwise specified in this Agreement, the Agency shall, at its sole expense, maintain in full force and effect at all times during the life of this Agreement, ir~sumrm_~ coverages, limits, including endorsements, as described herein. 1 '~e v~l~etCC~t,. contained herein as to types and limits, as well as the County's review or 8¢~¢.eptance_of1//~--~' insurance maintained by the Agency, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Agency under this gref~n~ei~t3 2001 Collier County Housing Authority (BCC 102501-1010) Page 7 of 23 (1) COMMERCIAL GENERAL LIABILITY The Agency shall agree to maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The Agency agrees this coverage shall be provided on a primary basis. (2) BUSINESS AUTOMOBILE LIABILITY The Agency shall agree to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non-owned and hired automobiles. The Agency shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The Agency shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The Agency agrees this coverage shall be provided on a primary basis. (3) ADDITIONAL INSURED The Agency shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and A.qents, c/o Department of Housing and Urban Improvement". The Agency shall agree the Additional Insured endorsements provide coverage on a primary basis. (4) CERTIFICATE OF INSURANCE The Agency shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). (5) RIGHT TO REVIEW AND ADJUST The Agency agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Housing and Urban Improvement, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. 9. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain, or to cause to be maintained, a level of activities and expenditures, planned or existing, for projects similar to those assisted under this Agreement which is not less than that level exisl~ng ~{aTrr-~is Agreement. [ ~. /~ ~ _.,~. ...10. CONFLICT OF INTEREST ~ i,!0V 1 3 2001 The Agency covenants that no person who presently exercises a~y functic~s or responsibilities in connection with the Project, has any personal financial ~nterl~t, alr,~-, indirect, in the target areas or any parcels therein, which would conflict i~ ~,,y ~ri~';r~e~r: degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of Collier County Housing Authority (BCC 102501-1010) Page 8 of 23 interest on the part of the Agency or its employees shall be disclosed in writing to HI.. provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of Iow and moderate-income residents of the project target area. 11. CITIZEN PARTICIPATION The Agency shall cooperate with HUI in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Agency or its subcontractors will undertake in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings and assist HUI in the implementation of the Citizen Participation Plan, as requested by HUI. 12. RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by HUI in all publications and publicity. In addition, the Agency will make a good faith effort to recognize HUI's support for all activities made possible with funds made available under this Agreement. 13. CONTRACT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as "the Contract;" and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of th, Contract as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits (2) Office of Management and Budget Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principal for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and 24CFR Part 84 (3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Act of 1990 (4) Executive Orders 11246 (Equal Employment Opportunity), 11478 (Equal Employment Opportunity in Federal Government), 11625 (Prescribing Additional Arrangements for Developing and Coordinating a National Program for Minority Business Enterprise), 12432 (Minority Business Enterprise Development), the Davis Bacon Act, and Section 3 of the Housing and Community Development Act of 1968, Section 504 of the Rehabilitation Act of 1973, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (5) Executive Orders 11063 (Equal opportunity in housing), 12259 (Leadership and Coordination of Fair Housing and Federal Programs), 12892 (Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing), the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended (6) Florida Statutes, Chapter 112 (7) Collier County Purchasing Ordinance No. 87-25 (8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended - The Agency's personnel policies and job descriptions ACC. t~A ~d~ .: 119)0) The Agency's incorporation Certificate and Articles of Incorporatior !~. /~ ~ , (11) The Agency's By-laws (12) The Agency's Certificate of Insurance NOV 1 3 2001 3) Current list of the Agency's officers and members of its Board of D 'ectors _ I~4) Proof of the Agency's 501 (0)(3)certification from the Internal Rev6 que~.ervice f~ Collier County Housing Authority (BCC 102501-1010) Page 9 of 23 All of these documents will be maintained on file at HUI. The Agency shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office. 14. ENVIRONMENTAL CONDITIONS (1) AIR AND WATER The Agency, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: · Clean Air Act, 41 U.S.C., 7401, et seq. · Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. (2) FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA which would satisfy this requirement and/or reduce the cost of said flood insurance. (3) LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 25. Such regulations pertain to all HUD-assisted hosing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. (4) HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Offic~ r is --' rehabilitation and demolition of historic properties that are fifty y6 ars ~-~9'~'~r or that are included, on a Federal, state, or local historic property list. 15. TERMINATION NOV 1 3 200] , documents, In event of termination for any of the following reasons all finished or unfi ~ish¢~. Collier County Housing Authority (BCC 102501-1010) Page 10 of 23 data studies, surveys, drawings, maps, models, photographs, reports prepared, and capit; equipment secured by the Agency with funds under this Agreement shall be returned to or the County. In the event of termination, the Agency shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Agency, and the County may withhold any payment to the Agency for set-off purposes until such time as the exact amount of damages due to the County from the Agency is determined. (1) TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (2) TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. (3) TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended)is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. 16. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 17. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. 18. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HUI at its office, presently located at 3050 N. Horseshoe Drive, Suite #145, Naples, Florida 34104, and to the Agency when delivered to its office at the address listed on page one (1) of this Agreement. 19. INDEPENDENT AGENT AND EMPLOYEES The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County emplo/ees and are no' subject to the County provisions of the law applicable to County emi '~""'"~'":-~¢~A~F-~,.--'-.',L,,-. employment, hours of work, rates of compensation, leave, unemployrr en[ compensauon and employee benefits. ~.~~.,~ 20. NO FORFEITURE NOV 1 3 2001 Collier County Housing Authority (BCC 102501-1010) Page 11 of 23 The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 21. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Agency certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). 22. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-three (23) enumerated pages which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 23. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of , 20 COLLIER COUNTY HOUSING AUTHORITY BY: Fred N. Thomas, Jr., Executive Director (AGENCY SEAL) BY: Attorney for Agency (Signature Optional) ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Deputy Clerk By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and .\ ~",,'~eg al su,ffJ,~i~ncy: . . . , , ~ /~ Patrick G. White Assistant County Attorney NOV Collier County Housing Authority (BCC 102501-1010) Page 12 of 23 EXHIBIT "A" WORK PROGRAM NARRATIVE COLLIER COUNTY HOUSING AUTHORITY I. THE AGENCY AGREES TO: A. PROFESSIONAL SERVICES: The Agency shall advertise and procure the services of an engineering consultant for this project to provide design services to create plans and specifications for the Project infrastructure and 40 single-family homesites. The consultant shall also prepare, obtain and review bids, prepare contract documents, inspect work in progress, recommend payment to contractor and provide other professional services customarily provided by similar professionals; and the consultant shall also coordinate the design and construction work with the asbestos abatement contractor, should such abatement become necessary. Ail such work and services must be under written contracts complying with the terms of the Contract and must be reviewed and approved by HUI. The procurement process of the consultant shall also incorporate any sub-consultants which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub-consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The scope of this project subject to funding availability shall include the infrastructure construction to support 40 single-family homesites. Infrastructure will include road construction consisting of widening Rose Avenue from 30 foot right-of-way to 60 foot right-of-way and extending Fahrney Street from E. Delaware Avenue to Rose Avenue, and sewer facilities. Collier County Housing Authority will then make 40 single-family homesites available for building construction. NOTE 1: The Agency shall submit its bid package and drawings/specifications to HUI and obtain a letter of approval prior to bidding the construction work. NOTE 2: The Agency shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders which would then allow the award of items that can be funded by the budget. NOTE 3: The Agency shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The Agency shall obtain HUI approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the Agency shall obtain HUI approval prior to executing any change orders to such contract. NOTE 4: The Agency shall not request reimbursement from HUI for materials or equipment received and stored on the project site or elsewhere. The Agency shall only request reimbursement for materials and equipment that have been installed. The Agency further agrees that HUI, in consultation with any parties Ht II de~gq~7:Ec~sar' shall be the final arbiter on the Agency's compliance with the above. ~._//- 4 ~ NOV I 3 2001 Collier County Housing Authority (BCC 102501-1010) Page 13 of 23 C. BUDGET: Line Item: CDBG Funds Other Sanitary & Sewer Collection $ 53,250 Paving 159,750 Potable water distribution system $ 92,025 Land Acquisition 415,000 Architect/Engineering 350,000 Equipment/Appliance 222,000 Legal 18,000 Site Work 626,700 Hurricane Hardening 285,000 Subtotals $ 213,000 $2,008,725 Total $2,221,725 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the Agency, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to HUI, on behalf of the County, as the Grantee, for HUI approval, in a form specified by HUI. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REQUIREMENTS: The Agency shall comply, and ensure its subcontractors' compliance, with all applicable requirements contained in Exhibit C, attached hereto, for construction work in connection with the Project funded through this Agreement. F. DAVIS-BACON ACT: The Agency shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The Agency shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-Bacon Act in its construction bid solicitation and sub-contract(s). G. BONDING REQUIREMENTS: The Agency shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The Agency shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The Agency agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. I. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in .-.. the forfeiture of future CDBG funds. J. WORK SCHEDULE: The time frame for completion of the outlined acti/itie~shall be June /~,,~ 15, 2002. ' ' Complete Design & Bid Documents November, 2 )01NOV 1 3 2001 Advertise & Accept Bids December, 2 )01 Collier County Housing Authority (BCC 102501-1010) Page 14 of 23 Award Contract February, 2002 Start Construction March, 2002 Complete Construction (infrastructure) June 15, 2002 K. REPORTS: The Agency shall submit detailed monthly progress reports to Housing and Urban Improvement outlining the status of specific activities under the Pproject. Each report must account for the total activity for which the Agency is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for HUI approval of invoices, etc. for reimbursement. L. USE OF THE PROJECT FACILITY: The Agency agrees in regard to the use of the facility whose acquisition or improvements are being funded in part or in whole by CDBG funds as provided by this Agreement, that it will comply with the provision of Exhibit "D." Upon execution of this Agreement the Agency shall also execute and deliver to the County Exhibit D, which the County shall record in the public records. Recording fees associated with this Exhibit shall be charged to the project budget identified in this Agreement. M. SECTION 3 REQUIREMENTS: The Agency agrees to comply with all Section 3 requirements applicable to contracts funded through this agreement. Information on Section 3 is available at HUI upon request. The Agency shall include the following, referred to as the Section 3 Clause, in every solicitation and every subcontract it enters into for every Section 3 covered project: Section 3 Clause a. The work to be performed under this contract is subject to the requirements Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and aarees to take appropriate action, as provided in an applicable provision ol tne s~l~c~a~t c in this Section 3 clause, upon a finding that the subcontrac )rsub~_SntractiS:~. violatiOnv~ithOt the regulations in 24 CFR Part 135. The contractor will n¢l any subcontractor where the contractor has notice or k~ subcontractor has been found in violation of the regulatior s i¢'24CFR Part Collier County Housing Authority (BCC 102501-1010) Pa§e 15 of 23 135. e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. II. THE COUNTY AGREES TO: A. Arrange to provide CDBG funding for the above specified improvements (including consultant services) described in the Scope of the Project as set forth in the stated Budget, during the term of this Agreement, in the maximum amount of $213,000.00. However, the County shall not provide any funding for the construction work until it is assured that sufficient funds are available to complete the project. B. Provide project administration and inspection to the Agency to ensure compliance with U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and regulations. _ C. Monitor the Agency during the term of this Agreement. Monitoring visits may be scheduled or unscheduled as determined by HUI, be conducted by HUI staff or its agents, and will serve to ensure compliance with U.S. Department of HUD regulations, and that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to HUI on program activities. D. The County shall perform an environmental review of the project, and review and approve project design and bids submitted for the work. The County shall also perform Davis Bacon Act Labor Standards monitoring and enforcement. Environmental review costs incurred by the County may be charged to the project budget identified above. E. Allowable costs that may be paid by the County using CDBG funds under this Agreement in addition to those stated in II.A above: i) Costs of asbestos surveys, asbestos abatement, and abatement monitoring. ii) Cost of soil testing. iii) Reproduction costs of plans and specifications for the Project. iv)Costs of any other services customarily associated with projects of the nature of the project contemplated by this Agreement. HUI shall review requests by the Agency for expenditures on the above items prior to the Agency undertaking the services associated with them, and HUI may approve any such expenditures it deems appropriate for this project. AGENDA ITEI~ ~ ~ /,4 NOV 13 2001 .,. ICc Collier County Housing Authority (BCC 102501-1010) Page 16 of 23 EXHIBIT "B" LETTERHEAD STATIONERY TO: Greg Mihalic, Director Housing and Urban Improvement 3050 N. Horseshoe Drive, Suite #145 Naples, FL 34104 FROM: Name of Agency/Subgrantee: Address: Phone: RE: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ The expenditures for this invoice covers the period through_ ._ You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Payment by HUI' Signed: DATE: Printed name of HUI representative: ~,GENOA ITEM NOV 1 3 2001 Collier County Housing Authority (BCC 102501-1010) Page 17 of 23 EXHIBIT "C" ASBESTOS REQUIREMENTS PART A - SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR REHABILITATION AND DEMOLITION OF STRUCTURES: The provisions of this part apply to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. ASBESTOS NOTIFICATION Federal and state asbestos regulations require, prior to the rehabilitation or demolition of any structure: (1) an inspection for asbestos-containing materials (ACM), (2) removal of specified ACM, and (3) an asbestos notification of rehabilitation or demolition received at least ten (10) business days prior to demolition. To meet requirements #1 and #2 above, the Agency shall secure the services of a qualified company to survey the all structure(s) to be rehabilitated or demolished in connection with this agreement for the presence of ACM and the Agency shall make every effort to remove Regulated Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g. asbestos-cement board and shingles) before commencing any rehabilitation or demolition work on such structure(s). To meet requirement #3 above for rehabilitation or demolition work, the Agency is responsible for submitting a complete and accurate asbestos notification form titled "Notice of Asbestos Removal Project" [i.e. NESHAP notification, 40 CFR Part 61.145(b)], for each separate address where work will be performed to the below listed agencies at least 10 business days prior to demolition. The 4-copy forms are available from the Department of Environmental Protection. SEND ORIGINAL TO: State Asbestos Coordinator FL Dept. of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2409 SEND PINK COPY OR FAX OF ORIGINAL TO: AC_.~J'48^ ITF...h¢ Collier Oounty Housing and Urban Improvement Department Attn: NESHAP NOV 1 3 2001 3050 N. Horseshoe Drive, Suite 145 Naples, FL 34104 FAX: (941) 403-2331 The Agency must notify the County's HUI Department immediately if the demolition Start Date changes. No demolition may start before the Start Date on the NESHAP notification and no demolition may occur without the notice to proceed from the County. It is the responsibility of the Agency to call and submit revised NESHAP notification to the above listed agencies, adhering to required NESHAP time frames. The Agency is responsible for physical checking the structure(s) before submitting the NESHAP notification to ensure that all RACM and Category II ACM, as identified in the pre- rehabilitation or pre-demolition asbestos inspection report, have been removed. If RACM or Collier County Housing Authority (BCC 102501-1010) Page 18 of 23 Category II ACM is discovered, the Agency shall immediately contact the County's Pr:oje¢ Manager. 2. WORK PRACTICES The Agency will utilize wet methods to control airborne emissions during the demolition process and during loading onto transport vehicles, regardless whether Category I is present or not. The Agency is responsible for supplying water meters, hoses, and adequate volume of water to the demolition site. Recycling of any building materials with either presumed or confirmed asbestos-containing Category I (e.g. floor tile, sheet vinyl, and/or roofing materials) is not permitted, unless written authorization is provided to the Agency by the County. 3. OSHA AND FLORIDA STATUTES COMPLIANCE In accordance with OSHA, (reference 29 CFR 1926.1101) in the event ACM is present the Agency must have a competent person onsite who: (1) is capable of identifying existing asbestos hazards in the workplace, (2) is capable of selecting the appropriate control strategy for asbestos exposure, and (3) has the authority to take prompt corrective action to eliminate them. This person must be trained in accordance with Chapter 469 Florida Statutes as an onsite supervisor. Copies of training certificates of the onsite supervisor shall be made available to the County upon request. 4. ROOFING - REMOVAL OF CONFIRMED OR PRESUMED ASBESTOS- CONTAINING BITUMINOUS ROOFING MATERIALS It is the responsibility of the Agency to determine if the roofing materials do not contain asbestos. If the Agency wishes not to sample and analyze for asbestos, the materials will be presumed to contain asbestos and handled accordingly. If the Agency elects to sample th6 roof system, she/he must first notify the County of the sampling, including date, location, and number of samples to be collected. The bulk sample analyses must be performed by a NVLAP-accredited laboratory (NVLAP is the National Voluntary Laboratory Accreditation Program). Results, if proven less than one percent asbestos, shall be provided to the County prior to the start of any work. The Agency will be required to meet all Federal, State, and Local regulations pertaining to the handling, removal, and disposal of confirmed or presumed asbestos-containing roofing materials. This includes, but is not limited to: (1) Meeting the requirements listed in Chapter 469.012(2) & (3) Florida Statutes regarding training of onsite roofing supervisors involved in the removal of asbestos containing bituminous resinous roofing materials, and; (2) Utilizing removal methods that will maintain the roofing material's Category I non-friable status and will not create dust, i.e. employ methods other than sanding, grinding, drilling, abrading, rotary blade or saw cutting. Suggested methods are slicing, shearing, or punch cutting while using wet methods where feasible. In the event ACM is found, the Agency will submit the following documentation to the County department coordinating this project. (1) Copies of training certificates of the onsite roofing supervisor in compliance with the current requirements of Chapter 469 Florida Statutes; (2) Resume of the onsite roofing supervisor documenting r,o off n g r,e m?v_a !o_b_,s.' ' ip %rf o~ ~nceedp ~ohn ~ihr r~ leadS tot rW~ r(e2s)uYme e%S' ~ (3) roofing material and any conditions associated with its acce~ance, and; (4) A plan of action, as specified by OSHA 29 CFR 1926.1101 v~hic~clr~s~i~: a. Method of removal Collier County Housing Authority (BCC 102501-1010) Page 19 of 23 b. Worker protection c. Protection of building occupants and ventilation systems d. Method and location of disposal PART B - SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR NEW CONSTRUCTION AND REHABILITATION AND DEMOLITION OF STRUCTURES The provisions of this part apply to new construction work and to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE GENERAL Federal regulations (40 CFR Part 61, Subpart M) classify asbestos-cement pipe (AC pipe) as Category II non-friable asbestos-containing material. AC pipe must be handled in a manner which will maintain this classification. Therefore, all cutting and disposal of AC pipe must be performed by a Florida Licensed Asbestos Contractor. The Agency will make every effort to identify and quantify the locating of known AC pipe and material prior to onset of work. If the Agency during the course of work observes, uncovers, or otherwise becomes aware of the existence of any asbestos-cement pipe, pieces, or material at the site to which the Agency or any subcontractor, supplier, or other person may be exposed, the Agency shall immediately notify the County and confirm any verbal notice in writing. The County shall promptly consult with the Project Engineer concerning such condition and determine the necessity of the County retaining special consultants or qualified experts. The Agency shall not perform any work near or in connection with the suspect material until receipt of special written instructions from the County. The Agency will ensure that all subcontractors follow these procedures. PRE-WORK SUBMITTALS The Agency shall submit the name of the Asbestos Contractor and a copy of his/her Florida Asbestos Contractor license to the Collier County department coordinating this project, prior to start of work. WORKER PROTECTION Licensed asbestos contractors will comply with the requirements of OSHA 29 CFR 1929.1 101 concerning worker protection. EXECUTION OF WORK AC pipe will be kept wet during all phases of removal. No visible emissions are permitted. Wet the pipe using an airless sprayer or utilize available water. Apply dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the section of pipe to be cut. Break, cut, or snap pipe into sections suitable in size to the disposal facility. Abrasive disc saws are prohibited. Apply Iockdown encapsulant to exposed edges of pipe. Pick up all pipe debris that may have fallen outside dropcloth. _ AC~..NDA ITF.~ Use of compressed air to clean AC pipes is prohibited. ~. /~4 ~ At no time should AC pipe or pieces by mixed in with fill. NOV 1 3 200I DISPOSAL p~ 20 Collier County Housing Authority (BCC 102501-1010) Page 20 of 23 Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench, ant' wrap and secure in second layer of 6-mil poly. Affix the following labels to the exterior of each separately wrapped section of pipe. Labels are to be waterproof, legible, and large enough in size to be readily visible: First Label: CAUTION Contains Asbestos Fibers Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health Second Label: DANGER Contains Asbestos Fibers Avoid Breathing Dust Cancer and Lung Disease Hazard Breathing Airborne Asbestos, Tremolite, Anthophyllite or Actinolite Fibers is Hazardous to Your Health Third Label: RQ HAZARDOUS SUBSTANCE Solid, NOS ORM-E, NA9188 (Asbestos) Fourth Label: Label each container with the name of the generator (owner) and the location at which the waste was generated. Properly dispose of all AC pipe generated each day. All wrapped sections may be stored in a secure, locked enclosure pending disposal, if authorized by owner. At no time are section pieces of AC pipe to be left on the worksite uncapped and unsecured at the end of the workday. All vehicles and/or containers used to haul asbestos-containing waste material shall be lined with a minimum or 6-mil poly layer. Label trucks used to transport asbestos-containing waste material during loading and unloading as follows (refer to 29 CFR 1910.145(d)(4) for sign format): AaF. NOA rr~ DANGER Asbestos Dust Hazard Cancer and Lung Disease Hazard NOV 1 3 2001 Authorized Personnel Only POST WORK SUBMITTALS The Agency or Asbestos Contractor, as waste generator shall complete a Waste Shipment Record (WSR) for each shipment of asbestos-cement pipe disposed. Refer to 40 CFR Part 61, Revision Final Rule for an example of WSR or contact Collier County Risk Management/Loss Control. The Agency or his designated subcontractor will submit the following documents to the · '., Collier County department coordinating this project prior to payment. A copy of the WSR prior to shipment. A copy of the WSR signed by the disposal facility within thirty-five (35) days of shipment. Collier County Housing Authority (BCC 102501-1010) Page 21 of 23 PART C - SPECIAL CONDITIONS - REGULATIONS: The provisions of this part apply to all projects contemplated in this agreement and described in Exhibit A of this agreement: Environmental Protection Agency: 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision Final Rule November 20,1990. Occupational Safety and Health Administration: 29 CFR 1926.1101 Asbestos, Construction Industry Standard. Department of Business and Professional Regulations, Chapter 469 Florida Statutes, Licensure of Consultants and Contractors. NOV 13 2001 ... Collier County Housing Authority (BCC 102501-1010) Page 22 of 23 EXHIBIT "D" Prepared by and Return to: Collier County Housing & Urban Improvement 3050 N. Horseshoe Drive, #145 Naples, Florida 34104 DECLARATION OF RESTRICTIONS Collier County Housing Authority, a special independent district of the State of Florida created in accordance with § 421.27 of Florida Statutes, having its principal office at 1800 Farmworker Way, Immokalee, Florida 34142, the undersigned, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of Two Hundred Thirteen Thousand Dollars ($213,000.00) to be received from (the "County"), does hereby impose the following restrictions against the subject property described as follows: A portion of Township 47 South, Range 26 East, Section 3, Collier County, Florida, more particularly described in the attached legal description denoted as Attachment "A." 1. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfull' available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $213,000.00 (of CDBG funds) as provided through a grant Agreement with the County dated ,2001, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of ten (10) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement, that for a period of ten (10) years after the expiration date of said Agreement (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility/property, in the opinion of the County, qualifies as meeting one of the national objectives defined n thc, ,,~N,~!~t!o~,~._.. ~ governing the CDBG program, and is not a buildir~g conduct of government; or ~..._..~.~ ii) The requirements of paragraph 3(b)of this section are et. NOV 1 ~] 20(]I b. If the Declarant determines after consultation with affected citizens, that : is Cjopropriate to change the use of the facility/property to a use which does not qualify und~~ph 3(a)(1) of this section or discontinue use of the facility/property, it may re fain or dispose of Collier County Housing Authority (BCC 102501-1010) Page 23 of 23 the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility/property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Housing and Urban Improvement Department (HUI). Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. 4. The Declarant agrees to notify the County in writing through the HUI Department of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. 5. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. 6. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the ten-year period described above. Executed this day of ,20 COLLIER COUNTY HOUSING AUTHORITY By: (CORPORATE SEAL) Fred N. Thomas, Jr., its Executive Director STATE OF FLORIDA COUNTY OF COLLIER The foregoing Declaration was acknowledged before me this day of ,20 , by , as of , who is personally known to me or has produced as identification and who did (did not) take an oath. iPrint or type name) (Signature) ~c,r¢~^ ~'rF.~ Notary Public Sate of Florida at Large My Commissioner Expires: (NOTARY SEAL) NOV 1 3 2001 EXECUTIVE SUMMARY ASSIGNMENT AGREEMENT FOR EASEMENT FOR TIBURON BOULEVARD EXTENSION OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: 1) The developer of Tiburon Boulevard Extension, has constructed the water and sewer facilities within platted easements to this development. See attached location map. 2) The Assignment Agreement for the easement has been revie~..:e~ by the Counuy Attorney's office for legal sufficiency. FISCAL IMPACT: The wa~er facilities were constructed ~i%hout c.cs~ 5o 5he Collier County Water-Sewer District. The cost of opera%ing and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Wa~er Treatment Plant and 5he North Regional Wastewa~er Treatment Plan~. This project will no~ create a new impact, as it was e!anned for within facilities available at present. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends %hat the Board of Ccunuy Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Tiburon Boulevard Exuension. NOV 13 200! Executive Summary Tiburon Boulevard Extension Page PREPARED BY: Shir!e}/ Nix,/Eng/n6er~n{ Technician II Date Engineering q~2_ew Services REV'I' £WED BY: Thomas E. Kuck, P.E. DaZe Rnqineering Review Services Manager and inzerim Planning Services D~pa~2ment: ~ Dire~e~o;~ =:PROVED BY: John N. 2~dnnu~k, III, Interim, Administrator Date CO}ii.!UNiT'~ DEVELOPMENT AND ENVIRONMENTAL SERVICES aZzachmenZs NOV 13 2001 u~ L~ J M 0 NOV 13 2001 --20 go ASSIGNMENT AGREEMENT (Tiburon Boulevard Eastl THIS ASSIGN~IENT AGREEMENT made and entered into this ] day of ,. . _, 2001, by and bev, veen the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of thc State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER. COUNTY AS THE GOVER~NLNG BODY OF COLLIER. COUNTY A-NrD EX-OFFICIO BOARD THE GOVEP~N~qG BOAKD OF THE COLLIER COUNTY WATER-SEWER. DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain non-exclusive Utility Easement from WCI Communities, Inc. to Assignor herein referred to as "Utility Easement" concerning certain water and sewer facilities located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, pursuant to the requirements of that certain Interloca] A~eement between Assignor and Assi~ee dated as of December 31, 1993, and approved by the Assignor at its meeting held on December 20, 1993, the Assignor shall and is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities to the County and its Water-Sewer District without cost to the County or its Water-Sewer District; and \VHEKEAS, certain water and sewer facilities located within the aforedescribed Utility Easement have been conveyed to Assignor from WCI Communities, Inc. by Bill of Sale and Warranty Deed, which water and sewer facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assig-nor as the Grantee in said Utility Easement. NOW THEREFORE WITN~ESSETH that for and in consideration of the premises and in consideration of the sum ofTen and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit 'A". Assignee hereby accepts said assi~mxment. NOV 1 3 2001 1 F:~USERS,APP' PELMARSH',TIBURON\T'buronBIvdEast'~SSIGN-WPD - 2) Governing Law. This Assignment shall be construed and enforced in accordance xvith and governed by the laws of the State of Florida. 3) Modification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN x, VITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest: PELICAN MARSH COMML~rlTY DEVELOPMENT DISTRICT sistant Secretary, By: · Bkown Its Chairman STATE OF FLORIDA COU%'TY OF COLLIER The foregoing Assignment Agreement was acknowledged before me by D, Chairman of the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District. He is personally kmown to me. WITNESS my hand and official seal this /7 day of ,/~'_.~_~',/'"--, 2001. No ) // Print Name My Commission Expires: / ii PelMarsh,Utility\Forms\Assign 2 NOV I 3 2001 ASSIGNEE: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COU~,'-NTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: James D. Carter, Chairman Approved as to from and legal sufficiency Assistant County Attorney 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 James D. Carter, PHD, ',','ell 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 Assignment Agreement for the purpose 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 ~ day of ,2001. (Notarial Seal) Notary Public Print Name: My Commission Expires: This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, Florida 34103 - PelMarsh\Utility'Forms",Assign 3 NOV 1 3 2001 SEE SHEE-FS E ....... ~ ANO SKETCHES 0 300 6O0 SCALE: 1" = 300' COUNTY COUNTY .i'IY [A.SE~.N'T NO. EA. SEWEN'I' NO. 1 : COUNTY y EASEMENT NO, 5 ,UTIUTY EASEMENT NO. 3 COUNTY ~ UTJUTY EAZ, E~£NT NO. 4. TIBURON BOULEVARD EAST EXTENSION (PLAT BOOK 36 PACE 23) ? O TRACT "E 4, FUTURE DEVELOPMENT O ¢ -ftl~U ,4,,. o TRACT "F" o FUTURE DEVELOPMENT NOV 13 2001 ~oT a ,~ ~: HEIDT &ASSOC~TES, Inc. SITE MAP FOR COUN~ UTI ,I~P~SEMENT5 ~ Tampa * Fo~Myers TIBURON BOULEVARD E, ;oa~a,~ 3~g ~te: 6/22/01 l nrdcr Na.:~-~-~6 SUING P~:~-~s SH~ 1 OF 7 ~ E~RONME~ ~ SEC 38 ~ 48S . RGE. 25E ll:.t~/A,I- bll:,..~,Jl'lil-' I IUl~ COUNTY' UTILITY' EASEMENTS NO. I & 2 DESCRIPTION: Parcels of land lying ;n Section 36, Township 48 South. Range 25 East, Collier County, Flor;do, being more pcrt;cularly described os follows: CGUNTY LJT[LITY EASEMENT NO. COMMENCING at the Northwest corner of Tract "C", of Tiburan Boulevcrd East Extension, es recorded in Plat Book 36, Page 23, of the Public Records of Collier County. Florldo; run thence S.SS'25'55'E, along the Northerly boundary of said Tract 'C'. 548.gE, feet; thence S,00'.34'05'W., 222.68 feet, to the PO[N'[ OF BEGINNING; thence S.00'22'22'W-. 27.55 feet to o point, of intersectlcn with the Northerly right--of-way llne of Tiburon E~ouievord East. said paint be;ncJ on a curve (also being Reference Point "A"); thence Westerly along so;d Northerly r;ght--of-wcy I;ne, 15..35 feet along the arc of o curve to the left having o rod;us of 61,3.00 feet end c central angle of 01'26'04' (chord bearing 5.78'10'29'W., 15,35 feet); thence N.00'22'22'E,, 5.80 feet; thence N,SD'.37'38'W., 1.5.00 feet; thence N.00'22'22"E., 15.00 feet; thence $.8g'37'`38"E., 15.00 feet; thence N.OO'22'22"E., 10.00 feet; thence 5.89'37'.38"E., 15.00 feet to the POINT OF' BEGINNING. Conto;nlng 653 Squcre feet, mere or less. COUNTY UTILi~r' EASEMENT NO. 2 COMMENCING at said Reference Paint "A'; run thence S,04'17'56'W.. 94.88 feet, to a point of ~ntersection w;th the Southerly right--of--way line cf T;buron Boulevard East, and to the POINT OF' BEGINNING; thence S.05.27'08~¢¢., 22.2:2 feet; thence N.84'.32'52"W.. 30.00 feet; thence N.GS'27'05"E., 18.00 feet; thence S.84'.32'52'E., 15.00 feet; thence N.OS'27'OS"E., 7.22. feet to a point intersection with said Southerly right--cf--way l[ne of T;buron Roulevord East, sc;d paint being on a curve; thence Easterly c[cng said Southerly right--cf-way line, 15.00 feet along the arc of a curVe to the left having a radius cf 293.00 feet and a central angle cf 02'56'01" (chcrd bear;r,g S.54',31'49"E., 15.00 feet), to the POINT OF BEGINNING. Containing 55(5 Square Feet, more or less. (NE) A ~ URVEY) RANDALL L. HENDRA 509 ~OAIDA PROFESSIONAL SUAV~R AND HAPPER NO. LEGAL DE~C~IPTIgN FDR ~.~ ~: HEIDT & ASSOC~TES, Inc. ' Tampa + F0~yem CDUN~ UTILI~ EASEHENT ND.1 & NO. 2 ~L &N~N~NO [o~ ~7~ 0~ Procured For: ~ CO~t~S ~C.  SU~NG Pn~: ~1~-7275 S~E~ 2 OF 7 { S~.38 , ~. ~S , RGB. 25E :_~O~>*~ ~M~G ~ ~2-2~ { ~IER ~U~, FLORIDA CONSERVATION AJ~EA NO. I COUNTY UTILITY EASI:=MENTS NO. I & ._Northerly boundary of Tract "C" .,__ .1~~_ _ .' Po~,,LoF co~,~,,,.~t~'89'2s'~*"E' ,~s.,s' ~ ~h'~.~ ~ ~-SC~E:~ 3,o~. = W~ ~ "FUTURE OEVELOPMZNT' I s 89'37'38'E._ ' 15.00' ~ (P9 36 PAGE 23) COU~ - ~L~ ~S~MENT NO. 1 F ~ ' O ~ ~{ '~ ~ ~ _---' having o platted bearing 'FMTu.E D~EL~PMENT ~ _~15.00 Z ,4 -- ' , ----- - - ~ ~--' ~ ~-~-~ ~ 0 '?,~ Reference P*~nt 'A' - ~N · ',~ ,A ~r~ (P.U.E., C.U.E.. D.E., TIBURON BaULkeD ~ST .~ . (Pe ~ PACE 2:) ................ y ~ ~ '~-O0'--5-~ N-84'3~ 2 ~' L T~ACT "~' ~ (PB 35 PAGE 23) "W. ~ ~ "FUTURE C~ELC PMENT" ~ ~ 30.00'~ o ~ ~ (PB 36 PACE 23) o COUN~ CUR~ DATA TABLE ~ ~ ~1~ ~SEMENT NO. 2 566 SQUARE FE~ ~. I ~"~ ~ :~T* i ~ ~C,~I ~0~0 I ,~.~ 1 ~ ~13.~ ~ CI':6'9''1 15.35 I 7,67 I ~5~5 I ~7~0'2~. ~ :,3.~ c~s~'o~' ~.~ 7.~o ~5.~ s.~'3r~,'~. D E S ~ R I PTI D N BE 6HE~ OF7 FOR~DEBCRI~ON ] (NOT A :GENO P~ED , _ .oo NOV 1 32001 .U.E. -- COUN~ UTILI~ ~SEMENT .E. - O~{NAGE ~SEMENT DA~ E. - ACCESS ~SEMENT . . m. , .B. -- ~tAL REFERENCE B~ING RANDALL L. HENDRA ;R) - NON -- RAOIAL ~ORIDA PROf[S~IONAi SURV~R ~4~ ,. .... ~ mu. ~ , ~: H5]DT&ASSOO~TES, Inc. SKETCH Of LEGAL DESCRIPTION FOR T~mpa · Fo~ze~ COUN~ UT[LI~ EASEMENT NO.1 & NO. ~C 0WG: F~ ~, m~ ~ Jg~: 6/22/01 J0rd~r ~ ~ Ph~: ~1~2-7275 SHE~ 3 OF 7 T ~N~s~ ~m~ J ~LLISq ~U~. FLORIDA COUNTY UTILll~ EASEMENTS NO. :3, 4 & 5 DESCRIPTION: All parcels cf land lying in Section 36, Township 48 South, Range 25 East, Collier County, F'lorlda, being more particularly described os follows: COUNTY UTILITY EASEMENT NO. 3 COMMENCING at the Northwest corner of Tract 'C", of T;buron Boulevard East Extension, as recorded in Plot Book 36, Pcge 23, of the Public Records of Collier County, Florida, run thence s.sg'25'55'E., clang the Northerly boundom/ of said Tract "C", 1122.35 feet; thence S.00'~4'05"W., g0.S9 feet to the POINT OF BEGINNING; thence S.53'3g'58"E., 23.04 feet to o point of ~ntersectlon w~th the Northerly right--of--way line (right--of--way varies in width) of Tiburon Boulevard East, said point also being on o curve also being Reference PO;hi B; thence Southwesterly, along said Northerly right--of--way line, 15.01 feet along the arc of a curve to the right having a radius of 157.O0 feet and o central angle of 05'28'46" (chord bearing S.34'22'35"W., 15.O1 feet); thence N.53'39'58'W., 8.55 feet; thence S.35"20'02"W., 15.00 feet; thence N.53-39'58"hCV., 15.00 feet; thence N.36"20'O2'E., 30.00 feet to the POINT OF BEGINNING. Contain;rig 566 Square Feet, more or less. COUN~ UTILI~ ~EMENT NO. 4 COMMENCING ct s~ld Reference Point 'B"; run thence S.14'37'17"E., 89.96 feet to o point of intersection with the Southerly, right--of--way line of Tiburon Boulevard East, and to the POINT OF BEGINNING; thence S.51'47'08'E., 7.78 feet; thence N.38'12'52"E., 15.00 feet; thence S.51"47'08"E., 15.00 feet; thence S.~8'12'52~., 30.00 feet; thence N.51'47'08"W., 24.08 feet to a point cf ~ntersectTon wiLh said Southerly right--of--way line, said point be;ng on ~ curve; thence Northeasterly <=long sold Southerly r;ght--of--wcy line, 15.07 feet along the crc cf a curve to the left having a rod;us of 123.00 feet end a central angle cf 0~01'04" (chord bearing N.45'10'20"E., 15.06 feet), to the POINT OF BEGINNING. Containing 566 Square Feet. mare or less. UTILI~ ~EBENT NO. 5 COMMENCING ct the Northeast corner of Tract "C", of T;buron Boulevard East Extension, os recorded tn Plot Book 36, Page 23, of the Public Records of Collier County, Florida, run thence S.89'25'55"E., along the No.hotly bounda~ of said Tract 'C", 1079.51 fe~t. thence S.OO'34'05~., 256.26 feet to a po;hi of intersection with the Southerly right-of--way of Tiburon Boulevard East, said paint also being the POINT OF BEGINNING; thence Easterly along sold Southerly r~ght--of--woy line, 30.07 feet along the arc of a cu~e to the left hcvlng o radius of 123.00 feet and o central angle cf 14'00'54" (chard bearing N.78'43'Sg"E., ~0.O0 feet); thence S. l l'lB'48"E., 21.50 feet: thence S.78'41'12'~., 15.00 feet: thence N,11'IB'48'W., 7.00 feet; thence S.78'41 12"W., 15.00 feet; thence N.11'lE48"W., 14.62 feet to the ROINT OF BEGINNING. Containing 523 Square Feet, more or less. (Nu' A NOV 13 2001 [SEE SHE~5 OF7 FOR DESCRI~ON S~CH~ ~6~: ~[ ~ ~ / · 60g FLORIDA PROFESSIONAL ~URV[YOR AND MAPPE~ NO. -- ~,~ ~: NEIBT&ASSOO~TES, lno. LEGAL DEBCRIPTIQN FaR ~ T~pa + F0~yers COUN~ UTILI~ EASEMENT NO.3, NO. 4, & NO.  p~: ~1~82-7~7S SHE~ 4 OF 7 · ~R~MEN%~ P~NG F~ ~1~2-21~ J SEC.36 , ~. ~S , RGE. 25E ) ~OSC~E ~RE J ~ COU~, ~OR{DA COUNTY' UTILI'TY' EASEMENTS NO. 3, 4 & 5 ... SCALE; 1' = 40' f~Northerl¥ bo~nCom/ of Tr~c~ 'C' ' % S.8~'25'55'E. 1122.35' ~ -" ~Polnt of ~m~n~m~t ~', "FUTURE 0EVELCFMENT" Northwest Com~ o~ Trcc[ 'C" cf 'FUTURE D~ELOPMENT" eference ~oint "~" ~ N.5;'~9'58"W. 8.55 L4 N.55'59'58'W. 15.00 - ¢/~ / ~ ~ ".,..~ L5 N.=5'20'02'E. 30.00 .' L~ 0 N.5 ~'47'C~'~- 2~.C5 L12 S.78'41'~2~. 15.00 .-'''"'/ ~ %~~ '~N~O~ ~C' /,' L~3 N.~ 1'~ 8'48~. 7.00 O LI~. N.11'18'48~. 14.62 /0~ , ~ ,, - , ,' cou~ .......... ~lll~ ~SEME~ NO.5 t 523 Squ~re Feet CURVE DATA T~LE 3 I 157,00 I 05'28'~6' j ~5.01 J 7.5~ I ~5.01 JS.J4'22'35~. 4 123,00 0~01'04' 15,07 7.54 15.06 5 i 23.C0 14'00'34' 30.07 15.11 30.00 NOV 1 3 zOOl - P~T BOCK U.E. -- COUN~ uTiU~ ~SEMENT E. -- D~NAGE ~EMENT ~. -- ACCESS ~S~MENT -- ~0[AL ~EFERENCE 8~RING ~NDALL L. ,R) -- NON-- ~AOIAL FLORIDA PROF[~ ~I~NAL ~--', ~: HEIDT &ASSOC~TES, Inc, SKETCH OF LEGAL DESCRIPTION FOR T~pa * Fo~Mye~ COUN~ UTILI~ EASEMENT ND.S, NO. 4, L ~;N~RI~ TO~ ~ ~ Prepared Fcr: ~CI RH C~. JHM 0We: UR-3 ~ ~,~a ~lg J~t,: 6/22/01 [0rdmr No.: P~:~1~82-7275 SH~ 5 OF 7 ~R~M~ PEkiNG F~ ~1~2-21~ ~ SEC. 36 , ~P. ~S , RG~ COUNTY UTILITY EASEMENT NO. 6 DESCRIPTION: A parcel of land lying in Section 36, Township 48 South, Range 25 East, Collier County, F'lor]do, being more particularly described os follows: BEGINNING at the Northeast corner of Tract "A" of "Tiburon Boulevard East Extension" os recorded in Plot Book ,56, Page 2,5, of Public Records of Collier County, Florida; thence clang the Northerly boundary of said Tract "A" 50.00 feet to o point on o curve; thence Northerly, 8.67 feet along the arc of o curve to the right having o radius of 725.00 feet and o central angle of 00'41'07" (chord beoring N.O2'2,5'13"W., 8.67 feet) to o point of reverse curvature; thence Northerly, 44.65 feet. along the arc of o curve to the left hay;rig o rodlus of 137.00 feet and o central angle of 18'40'18" (chord bearing N.11'22'48"W., 44.45 feet) to a point of reverse curvature; thence Northerly, 80.53 feet along the arc of o curve to the right having o radius of 21,5.00 feet and o central ongte of 21'.59'40" (chord bearing N.09'5,5'0?"W., 80.05 feet) to o point of reverse curvature; thence Northwesterly, 37.12 feet along the arc of o curve to the left hovlng o radius of 25.00 feet and o cent. roi angle of 85'0,5'42" (chord bearing N.41'35'O8"W., `5`5.80 feet) to o point of tongency; thence continue N.B4'OC'59'W., 24.65 feet; thence N.05'5,5'O1"E., 50.00 feet; thence S.8,~'06'59"E., 26.75 feet to o point of curvature; thence Northeasterly, ,57.07 feet along the arc of o curve to the left hovlng c radius of 25.00 feet end o central angle of 84'57',55" (chord beorlng N.53'24'13"E., ,53.77 feet) to o point of reverse curvature; thence Northerly, 3`5.4? feet along the arc of o curve to the right having o radius of 21,5.00 feet and o central angle of 09'00'15" (chord beorlng N.15'25'33"E., `53.44 feet); thence S.81'04'09"E., 86.11 feet; thence N.87'02'52"E., 48.88 feet; thence S.02'57'08"E., 40.O0 feet; thence S.87'02'52"W,, 5`5.25 feet to o point on a curve: thence Southerly, 116.86 feet along the ora of o curve to the right having o radius of 8_57.00 feet and o central angle of 07'59'59" (chord bearing S.11'58'59"W., 116.77 feet) to o point of reverse curvature; thence Southerly, 50.44 feet along the arc of o curve to the left having a radius of 187.00 feet and o central angle of 15'27'22" (chord bear;rig S.08'15'18"W., 50.29 feet) to a point of compound curvature; thence Southerly, 38.75 feet along the ora of o curve to the left having o radius of 675.00 feet and o central angle of 03'17'16" (chord bearing S.01'07'01"E., 38.7,5 feet), to the POINT OF BEGINNING Contc;ning 0.5~5 cores, more or less. NOV 13 2001 J < · W (NoT A SURVEY) T I SEE SHE~ 7 OF 7 FOR DESCRI~ION S~CH I ~: I FLO~ICA P~O~E~E~CNAL ~URVEYO~ AND MAPPE~ NO. ~ OF A~ON NO. ~ I~ - .~,~ ~: HEIDT&ASSOC~TES, Inc. LEGAL DESDRIPTIDN FOR ~ T~pa Fo~Mye~ DOUN~ UTILI~ EASEMENT NO,6 Prepcred For: ~CI CO~~S0-n. ~H C~ ~ J OWe: dE-6 ~ suiNG ~d~, ~ ~lg ~[,: 6/22/01 [Order No.: ~T-TT-~5 ~:~1~82-7275 SH~ 6 OF 7 ~ ~R~M~ P~ F~ ~I~2-21~ SEC. 35 ~. 48S , ~GE. 25E COUNTY UTILITY EASEMENT NO. 6 ;"E. 52"£. 86.1 o'o '~o 25' b o COUNTY UTILITY EASEMENT NO. 6 0,566 Acres ± N.84'06 '59 "W. beor;n~ S.8~41 '30'W. 24.{ ~ 0 40 80 SCALE: 1" = 40' CURVE DATA TABLE L~ 1 ( 72S.~ I 0~41'07' 8.67 { 4.34 { 8.67 { N.0Z23'13~. 2 t27.00 1~40'18' 44.85 22.S2 44.45 ~.11'22'48'4. 3 213.~ 21'3g'40' 80.~ 40.75 80,05 N.0g'53'07~. 4 25,~ 85'03'42' 37,12 22.93 ~,80 N.41'35'08~. 5 25,~ 84'57'35' 37.07 22.8g ~.77 N.5~24'13'E. 6 213,~ 0¢0Q'15' 33.47 16.77 33.~ N,~ 5'25'33'E. 7 8~7,~ 0T59'59' 115.86 ~.53 116.77 5.11'5~'59 ~. ~%. '~ U Northeost corner Trcct "A" ~.'" ct.-' (N~ . -- ........ ...'~.~7'4~ 5o'~ ......... OO' 4orther~y ~ourdc~ of Trcct "A' ' I SEE SHE~ 6 OF 7 FOR .E~ DESCRI~ION ~ ~ == NOV 13 2001 _ECEND '8 -- P~T BOOK O ~E. -- ACCESS ~SEMENT ~8 -- RADIAL REFERENCE B~RING r ~, ~: HEIDT &ASSOO~TES, Inc. ~KETBH ~ Tampa * Fo~My~ COUN~ UTILI~ EASEMENT ND,6 ~/ ~L ~G~N~NG --~ SUR~ ~n ~, ~a 3~1g I~te: 6/22/01 J Order No.: ~-T7-006 P~:~l~2-727s SHE~ 7 OF 7 F~ ~1~2-210~ ~ ~NME~E~ I SEC. 36 , ~. Th. is Instrument Prepared by: Vivien N. Ha.stings, Esq. 24301 Walden Center Drive Bomta Springs, FL 34134 UTILITY EASEMENT (Tiburon Boulevard East Ex_tension) el r s d 1 Walden Center Drive, COMS~'ITIES, ., ' ' ' Bonita Springs, Florida, 34134 (the "Grantor") to the PELICAN MARSH COMMUNITY DEVELOPNLENT DISTRICT, its successors and assigns, whose address is c/o Anthony P. Pires, Jr., Esquire, 3200 North Tamiami Trail, Suite 200, Naples, Florida 34103, (the "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 convey, grant, bargain and sell unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain potable water and sanitary sewer utility facilities and all irrigation distribution lines, on, over and under the following described lands being located in Collier County, Florida. Developer agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repaks, replacement, maintenance or restoration of improvements or landscaping installed by the Grantors within the easement area, to wit: All of Tract "A" Tiburon Boulevard Extension, according to the Plat thereof, as recorded in Plat Book 36, Page 23, of the Public Records of Collier Count3', Florida; AND Those certain Count3' Utility. Easements No, 1 through 6, all lying in Section 36, Township 48 South, Range 25 East, Collier County, Florida, as further described on Exhibit "A" attached hereto and made a part hereof. TO HAVE ANT) TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the maintain potable water and sanitary sewer utility facilities and all irrigation distribution lines · Grantors and Grantee are used for singular or plural, as the context requires. Fbi WITNESS WHEREOF, the Grantors have caused these presents to be executed the date and v. ear~t ~ove written, k.~. l'"5' ' . .5,yO WCI COMMUNITIES, INC. r Delaware corporation By:_ Vivien N. Hasting Its: Senior Vice President STATE OF FLOP.IDA COUq',VFY OF LEE The foregoing Utility Easement was acknowledged before me by Vivien N. Hastings as Senior Vice President of WCI Communities, Inc., a Delaware corporation, on behalf of the corporation. She is personally known to me.~-~ ~ ay~-.~.' .'~ WITNESS my hand and official seal thi~_Q.~kl .~.~' ~"~--~ ,2001. Commission Expires: Notary~hu~li~, State of F1/o[ida My Printed Name of Notary Public EXI~UTTV~ ~tl~Y rO AUTHORIZE THE CHAI~ TO F2(ECUTE T_R~?_ MORTGAGEES CONSENT AS SHOWN ON THE PLAT FOR H~ITAT VILLAGE OBJECTIVE: To authorize the Chairman to execute [he Mortgagees Consent as shown on the plat cover sheet for Habi'aat Village CONSIDERATIONS: On September 25, 2001 the Board of Coun5y Commissioners approved the plat of Habitat Village. Collier County holds a mortgage on the property and must execute a Mortgages Consent ~o the subdivision of the lands. FISCAL IX~PACT: There is no fiscal impact GROWTH MANAGEI~T IMi~ACT: There is no growth management impact RECO~N-DATION: Authorize ~he Chairman to execute the 9 Mortgages Consent on the plat of Habitat Vil age PREPARED BY: · JOHN R. HOULDSWORTH DATE SENIOR ENGINEER REVIEWED BY: THONLAS E. KUCK, P.E. ~ATE ENGINEERING REVIEW DIRECTOR A~ROVED BY: ,~ ~ ~/~/~ ' ~k~')~ ~'~1 /~' T~TOR JOH~ M. g0N'ff~CK III, INTERIM ADMINIS DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ~_ /c~ ..~ NOV 1 3 2001 ] . NAP!.ES, COIJ,IER EXECUTIVE SUMMARY ASSIGNMENT AGREEMENT FOR EASEMENT FOR ESCADA AT TIBURON OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: !) The developer of Escada @ Tiburon, has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) The Assignment Agreement for the easement has been reviewed by ~he County Attorney's office for legal sufficiency. FISC~tL IMPACT: The wa%er facilities were constructed without cost %o the Collier County Water-Sewer District. The cost of operauing and maintaining the water and sewer facilities will be paid by monthly user revenues. GROW~fH MA/~AGEPIENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and the Nor%h Regional Wastewater Treatment Plant. This project will not create a new im~acs, as it was planned for within facilities available a5 cresen%. P~ECOMMENI)ATION: The Co--unity Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Escada @ Tiburon. NOV 13 2001 Executive Summary Escada @ Tiburon Page Two PREPARED BY: Shirl%~Nix, Engin&ering Technician II Date Engineeringx.~Re, view Services REVSEWED BY: ~ . . '~ ,~ ~ ~ L~~'' ..,'~.,'. ~, : , ~ . Thomas E. Kuck, P.E. Date' Engineering Review Services Manager and interim Planning Services Department Director APPROVED BY: SS Interim, Administrator Date . AND ENVIRONMENTAL SERVICES attachments NOV 1 3 2001 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT made and entered into this//_ff~day of _~&.T ,2001, by and between the PELICAN MARSH COMMI~'-~ DEVEL~)'PMEN DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY ANT) EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain non-exclusive Utility Easement from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) to Assignor and is also the assignee under that certain Assignment of Reservation and Dedication of Utility Facilities both herein referred to collectively as "Utility Easement" concerning certain water and sewer facilities and irrigation distribution lines located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Composite Exhibit "A"; and WHEREAS, pursuant to t~ requirements of that certain Interlocal Agreement between Assitnor and Assignee dated as of December 31, 1993, and approved by the Assignor at its meeting held-on December 20, 1993, the Assignor shall and is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities and irrigatiot~ distribution lines to the County and its Water-Sewer District without cost to the County or its Water- Sewer District; and X3,q-IEREAS, certain water and sewer facilities and irrigation distribution lines located within the aforedescfibed Utility Easement have been conveyed to Assignor from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) by Bill of Sale and Warranty Deed, which water and sewer facilities and irrigation distribution lines are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the fights of Assignor as the Grantee in said Utility Easement. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum ofTen and 00/100 Dollars ($10.00), receipt of which is acknoxvledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the fights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A". Assignee here_by acce~ts said assigwn'nent. ~o._ /c. ,9 PelMarsh',Utility',FormskAssign 1 NOV I 3 2001 2) Governing Law. This Assignment shall be construed and enforced in accordance with and governed by the laxvs of the State of Florida. 3) Modification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS x,~,~IEREOF, the parties have executed this A~eement as of the date and year first written. ASSIGNOR: Attest: PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT Assistant Secretary By: . Gordon M. Brown Its Chairman STATE OF FLORIDA COUNTY OF COLLIER The foregoing Assignment Agreement was ac -knowledged before me by ), Chairman of the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District. He is personally known to me. WITNESS my hand and official seal this /,.~/')'3 day~,, 2001. Print Name:~ My Commissio, .E-~. ' ' ' MY COMMISSION PelMarsh\Utility',FormsXAssign 2 NOV I 3 '2.001 ASSIGNEE: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk 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 BY: James D. Carter, Chairman PHJ3~ Approved as to from and legal sufficiency Assistant County Attorney 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 acknowledg-ments, personally appeared James D. Carter, PHD, 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 Assignment Ag-reement for the purpose 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. x3?ITNESS my hand and official seal in the County and State last aforesaid this __ day of ,2001. (Notarial Seal) Notary Public Print Name: My Commission Expires: This instrument prepared by: Anthony P. Pires, Jr. Woodv,,ard, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, Florida 34103 PelMarshXUtilityX, Forms,,.Assign 3 NOV 1 3 2001 TI'As Instrument Prepared by: Vivien N. Hastings, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 UTILITY EASEIVIENT (Escada at Tiburon) THIS EASEMENT, granted this ~ day of ~'~Q~e~wx[%2,,/, 2000, by WCI COM2~ILrN~ITIES, INC., a Delaware corporation, whose address is 24~301 Walden Center Drive, Bonita Springs, Florida, 34134 (the "Grantor") to the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, whose address is c/o Anthony P. Pires, Jr., Esquire, 801 Laurel Oak Drive, Suite 710, Naples, Florida 34108, (the "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 convey, grant, bargain and sell unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain potable water and sanitary sewer utility facilities and all irrigation distribution lines, on, over and under the following described lands being located in Collier County, Florida. Developer agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the Grantors within the easement area, to wit: All of Tract "R" Escada at Tiburon, according to the Plat thereof, as recorded in Plat Book 34, Page 51, of the Public Records of Collier County, Florida. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the maintain potable water and sanitary sewer utility facilities and all irrigation distribution lines. Grantors and Grantee are used for singular or plural, as the context requires. iN WITNESS WHEREOF, the Grantors have caused these presents to be executed the date and ye~vinen.. ~ ~ / v '- _... WCI COMMUNITIES, INC. a Delaware corporation Print Name: .~-'[.~ (x ~,c ~ PrintName: ~[rl,q 6../~ z~o VivienN. Hastings Its: Senior Vice ?resident STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by' Vivien lq. Hastings as Senior Vice President of WCI Communities, Inc., a Delaware corporation, on behalf of the corporation. She is personally known to me. my hand and of cial seal this'V; day or % , 000. My Commission Expires: Nota~Public, State, of Fl~q~a AG~DA IIEM ' Printed Name oflqotary Public No. NOV 1 3 2001 I~,x~,c;a'~ ,,~,=0' ~"-~ I Pg. I ~*o~:~~-_ O' SEPT 21.~,',m~ EXECUTIVE SUMMARY ASSIGNMENT AGREEMENT FOR EASEMENT FOR PELICAN MARSH, UNIT TWENTY- FIVE OBJECTIVE: The Board of County Com~missioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: 1) The developer of Pelican Marsh, Unit Twenty-Five, has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) The Assignment Agreement for the easement has been reviewed by the County Attorney's office for legal sufficiency. FISCAL IMPACT: The water facilities were constructed without cost ~o the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH M/%NAG~NT IMPACT: This project has been connected to the County Regional Water Treatment Plant and the North Regional Was5ewaSer Treatment Plant. This projec% will not create a new impact, as it was planned for within facilities available a% present. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Pelican Marsh, Unit Twenty-Five. NOV 13 2001 Executive Summary Pelican Marsh, Unit Twenty-Five Page Two PREPARED BY: ShirleY' ~ix, ~ng~heering Technician II Date Engineering R~v!ew Services REVIEWED BY: Thcmas E. Kuck, P.E. Da~e v~~g Ue~w Services Manager and -~'~.~m Planning Services Department. Director APPROVED BY: John Mt Dunnuck, III, tn~erim, Administrator Da~e C.O~-~MUN~TY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments NOV 13 2001 ASSIGNMENT AGREEMENT (Pelican Marsh Unit Twenty-Fivel THIS ASSIGNMENT AGREEMENT made and entered into this ~ day of /~'~- ,2001, by and between the PELICAN MARSH COMITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain non-exclusive Utility Easement from WCI Communities, Inc. to Assign herein referred to as "Utility Easement" concerning certain water and sewer facilities located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, pursuant to the requirements of that certain Interlocal Agreement between Assignor and Assignee dated as of December 31, 1993, and approved by the Assignor at its meeting held on December 20, 1993, the Assignor shall and is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities to the County and its Water-Sewer District without cost to the County or its Water-Server District; and WHEREAS, certain water and sewer facilities located within the aforedescribed Utility Easement have been conveyed to Assignor from WCI Communities, Inc. by Bill of Sale and Warranty Deed, which water and sewer facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the fights of Assignor as the Grantee in said Utility Easement. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum often and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as folloxvs: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part h.~reof as Exhibit "A". Assignee hereby accepts said assignment. NOV 13 2001 2) Governing Law.. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest: PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT ~.5:Yg~l~' . Secretary BY~j0~ ~ .~C 6fT~:-'fl / Its t" I~' Chairman STATE OF FLORIDA COUNTY OF COLLIER The foregoing Assignment Agreement was acknowledged before me by '.---~. L~ ~ t..'t.( (3o¢~u4 , ~i ~(~ Chairman of the PELICAN MARSH COMMUNITY DEVEgOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District. He/she is personally known to me. WITNESS my hand and official seal this <~-i-~ day of _('~~,5/- ,2001. ~:,. l~imberly Butler Notary Public g~"% ~ # ct: ~,7~ Print Name: -~&! ~ f~,~ ~ ~ 24, .=-.~._~--~5i~1~ ~ ~ My Commission Expires: "~-"~'~ '~ ~ ~' ~' ~. O- ,9-'-/-03 p elm arsh\UtilityXFormsXAssign 2 NOV ASSIGNEE: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLOR]DA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE 'P)I" ~-'~t/ {~ v~? C[~k,V~ GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: James D. Carter, Chairman Approved as to from and legal sufficiency Assist nt County Attorney STATE OF FLORIDA COU,.'NTY 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 Assi~munent Atreement for the purpose therein contained under authority duly invested by the Board of County C~)mmissioners, 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 ~ day of ,2001. (Notarial Seal) Notary Public Print Name: My Commission Expires: This instrument prepared by: Anthony P. Pires, Jr. Woodxvard, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 ' p el M arsh\Utility',FormsXAssign 3 " Q. GRA. DY MINOR & ASSOCIATES, P.A. ci,,il Ent~ir~rs · l_m~ ~:'veyors · Pk~nr~rs c D~,,t~ ~ n-~4. ~'~. TIIGHA5 cH.E~NE31r. Y..e-q.l,,L DAI,"LD W.S,CHWtTT.,I' L ALAN ¥. A f, DK'r~ON OF ~ A PARCEL OF LAND LOCATED I~ SECTION ~iS, ~0WNSHIP 48 -~(.~, RANGE 25 EAST,. COLLIER COUNTY, FLORIDA A.WD i~E][NG A PO~.TION OF TRACT 'A~ AS SHOWN ON T~4E PLAT OF pELIC3LN MAJ%S~ UNIT 'i'dENTY'FIVEo AS RECORDED IN pLAT BOOK ~2 AT PAGE.5 57 Th'ROUGH 59 OF TI{E PUBLIC R~-CO~-~$ OF COLLIER COUNTY, FLORIDA; B~ING MORE PA~TICLTLA.RLY DESCRIBED FOLLOWS: ~ AT THE MO~T~4WESTERLYMOST CORNER OF 'rz. ACT -A, As S~IOWN G14 ~ PLAT OF pELICAN ~'.%RSH (J~IT TWENTY-FIVE, R.EC~RDED I~ PLAT BOOK 32 AT PAGES 57 TiLROUGH 59 OF '/7{E PtI~r.~C P. ECORD$ OF COLLIER COUNT'f, FLOR.~DA; TKSNCE RU'tl lq 89"28' Gl" E, Ai~i.NG THE ~O~.THERLY RIC~qT-0F-WAY LINE OF SAID TRACT 'A", FOR k DISTANCE OF 126.14 FEET ~ BEGIS~ING OF A TANGENTIAL CIKCULAI% CURVE CO~JCAV~ NOKTHER-LY; THENCE RUN F.J~TE.R3~¥ ~5NG SA~D RIGhT-DP-WAY LI~ AND Ar_o.¼G TH~- A~C OF SAID CURV~ TO THE LEFT, ]{.%VI.NG A RADIUS OF 19%~.00 F?~T, Tt417DU6't{ A CENTRAL A.WGL~ OF 03040'32u, SUBTEh'DED BY A CHORD OF 124.96 PEET AT POIb~ ~F C~0~D ~VA~; ~NCE R~ ~ORTH~T~Y ~NG RiGHT-OF-~Y ~I~E ~ ~NG ~ ~C OF gAID ~ TO T~ ~VI~G A ~IUS OF ~35.00 P~T, ~O~ A C~T~ ~GLE %~"52'S~', E~T~DED BY A CHORD OF 37.30 FEET AT A B~I~ OF N 77"50'S9" E, FOR ~ ~C LENG~ OF 57.42 FZ~ ~ ~ ~ ~F ~: ~CE R~ S 05~18'00' E FOR A DIET--CE CF ~14.~0 FEET ~O A POI~ O~ T~ SOURLY RIG~T-OF-~Y OF SAID T~ "A", ~O BEING A ~I~T ON A CIR~ ~ CON~VE NO~H~Y, ~OSE ~IUS B~ N 05'18'Q~' W A ~IST~CE DP ~055.0D FEBT 7~~; R~ ~STE~Y ~ SAID R!~T-OF-~Y LI~ ~ ~ ~ ~ ~ ~ ~ ~ RI~, ~V~G A ~IUS OF 2055.00 ~E~, TH~ A C~T~ ~E OF 0%~46'01", S~TE~ED BY A ~ OF 170.~2 PZ~ AT A B~IN~ 0F S S7'05'01" W, ~ ~ ~ LENGTH OF 17~.97 ~T ~ ~ OF ~D ~RV~; ~NCE R~ S 89~2a'01" W FO~ A DI~kN~ OF 12~.14 FE~ TO A ~OI~ UN THE W~T~LY LI~ OF SAID T~ ~ K~ N 00'32'0~" W. ~G SAID WE~TE~Y LINE FO~ A DIST~CE OF 115.00 FEET TO T]~ ~OI~ OF ~E~~; ~AINING 0.g40 B~INGS ~E~ON ~% TO T~ NORT~RLY RI~T-OF-WAY LI~ OF SAID T~ "A"; ~ BEING N 89"2~'01" E. ~ I o~ ] 947-1%-I,4 · FAX (941) TMIS ~KOPERTY IS SU~jECT TO E~EMEh'r$, p.F~ER¥ATION$ /~WD/OR NOV NOV 1 3 2001 ThB Instrument Prepared by: Viviea N. Hastings, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 UTILITY EASEMENT (Pelican Marsh Unit Twenty-Five) THIS EASEMENT, granted this ~5 day of ~:~e~O&~., 2000, by WC1 COMMUNITIES, INC., a Delaware corporation,--~hose address is 24301 Walden Center Drive, Bonita Springs, Florida, 34134 (the "Grantor") to the PELICAN MARSH COMMUNITY DEVELOPMENT D1STKICT, its successors and assigns, whose address is c/o Anthony P. Pires, Jr., Esquire, 801 Laurel Oak Drive, Suite 710, Naples, Florida 34108, (the "Grantee"). WITN~ESSETH: 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 convey, grant, bargain and sell unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and prMlege to enter upon and to install and maintain potable water and sanitary sewer utility facilities and all irrigation distribution lines, on, over and under the following described lands being located in Collier County, Florida. Developer agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping insta..lled by the Grantors within the easement area, to wit: All of Tract "A" Pelican Marsh Unit Twenty-Five, according to the Plat thereof, as recorded in Plat Book 32, Page 57, of the Public Records of Cotlier County, Florida, less and except Exhibit "A" attached hereto and made a part hereof. TO HAVE AN~) TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said [and, excavate, and take materials for the purpose of constructing, operating, and maintaining the maintain potable water and sanitary sewer utility facilities and all irrigation distribution lines. Grantors and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantors have caused these presents to be executed the date and year first above written. (?. wcx co l l S, INC. a De aw e corporation PrintName:y~q.~ 0 ~og~-')~° ... Print Name:' ~dd~%~r-, k-~w,+~xc,.o, Vivien N. Has' g ] - - Its: Senior Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by Vivien N. Hastings as Senior Vice President of WCI Communities, Inc., a Delaware corporation, on behalf of the corporation. She is personally known to me. WITNESS my hand and official seal thisbe'day of ~[~ c V', 2000. commissionExpires.d/q}o ota.ry Publi.,., Sta, of da - .._~.~a~ix--~-Wa~,'q:trinted Name of Notary Public NOV I 3 2001 5 ~ 8 9 I0 1I 12 7 F MEXICO -28 "~ 27 2~ 25 ~ ~ r~ J4 25 4 TION MAP NOV 1 3 2001 ENGINEERING RE VIE W EXECUTIVE SUMMARY FINAL ACCEPTAIqCE OF WATER A/qD SEWER UTILITY FACILITIES FOR OSPREY POINTE AT PELICAN MARSH, UNIT SEVENTEEN OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, tc accept the conveyance of the water and sewer facilities. CONS IDERAT IONS: 1) The Developer of Osprey Pointe, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Com~,uni%y Development and Environmental Services staff on September 13, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentary, on wk~-cl~ had been reviewed by the County Attorney's office for legal sufficiency. 4) The wa~er and sewer faci!i~ies have been opera~ed and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection no examine for any defects in materla!s and workmanship was conducted by 5'ne Co~munity Development and Environmental Services Division staff and found to be satisfactory. 6) The Uti!ities Performance Security (UPS), in the form of a ~[aintenance Bond No. 6074472 in the amcun5 of 510,043.0~-), wi!! be released to the Project Engineer or 7, he Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilir_ies were constructed without cos5 to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGENfENT IMPACT: This project has been cor~nected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. AGENOA NOV 1 3 2001 pg. / Executive Summary · Osprey Pointe @ Pelican Marsh, Unit 17 Page Two RECOMMENDATION: The Community Development and Environmental Services Division Administrator recon~ends that the Board of County Commissioners, Ex-Officio the Governing Board of ~he Collier County Water-Sewer District, accept the water and sewer facilities for Osprey Pointe, and release the UPS to the Project Engineer or the Developer's designated agent. PREPA/%ED BY: Shirle.~_/Nix,/Engineering Technician II Date Engineering Review Services REVIEWED BY: Thc. ma~ 'E. Kuck, P.E. - Da:e" Engineering Review Services Manager and inEerim Planning Services Department Director APPROVED BY: John t~[. Dunnuck, III, Interim A~,inis~rator Date/ CObZ,~UNt~TY DEVELOPMENT AND E~TIRO~EENTAL SERVICES aEEachments AGENOA iTEM NOV 1 3 2001 PROJECT -- '. LOCATION ~1~ LOCATION MA'p :t3zoo.~ pg. ~ ~. ~INTAIN.EN.C~ BOND_ BOND NO. 6074472 KNOW ALL PERSONS BY THESE PRESENTS: That CENTEX HOMES, a Nevada General Partnership, 5801 Pelican Bay Boulevard, Suite 600, Naples, FL 34108, (hereinafter referred to as Owner) and SAFECO INSURANCE COMPANY (hereinafter OF AMERICA, SAFEC0 P]aza, Seattl.e, Washington, 98185 referred to as Surety) are held and firmly bc~und unto Collier County, Florida (hereinafter referred to as County), in the total aggregate sum of~'~N THC)_USAND FOF~T_Y-THRE DoE~ (~. 1Q,043~ in the lawful money of the United States, for the payment of which sum well ar, d truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner end Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas the Owner has constructed a certain neighborhood named Osprey Pointe at Pelican Marsh and that certain neighborhood shs[[ include specific improvements further described as potable water and sanitary sewer facilities which are required by Collier County Ordinances and Resolutions (hereina~er Land Development Regulations]. This obligation of the Surety shall commence on the date this Bond is executed and shall continue until lahe date of final acceptance by the Board of County Commissicners of the specific improvements described in the Land Development RegulaTions (hereinafter the Guaranty Period), NOW, THEREFORE, if the Owner shall well, truly and fai;hfull¥ perform its obligations and duties in accordance with the Land Development Regular:ions during the one year guaranty I;eriod established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner failure to do so, and shall reimburse ~nd repay the County all outlay and expense which the County 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 t~me, alteration, addition or deletion to the proposed specific improvements shall in any way affect '~s obligation on this Bond, end it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. A~ENO^ ITEM ) ~ No. /~. ~ NOV I 3 2001 PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automat~catly and immediately, without ~ormal and separate amendments hereto, so as to bind the Owner and the SuretY to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment', wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatscever. StGNED, SEALED AND DELIVERED IN THE PRESENCE OF'. CENTEX HOMES, a Nevada General Partnership WITNESS: By:Centex Real Estate Corporation, a Nevada ,//~' ~,~~ Corporation, its Managing General Partner '--"-- (Signature) ~ /~1~ ~c Leoo~ _ By TIMOT~I~J. RUEM~ER (Print Name) Division President (Signature) (Prin~ Name) State of Florida Collier, SS I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Timothy J. Ruemler, Division President of Centex Real Estate CorporaTion, IM3naging General pa~ner of Centex Homes, a Nevada General partnership, on behalf of the pa~nershlp. He is personally known to me and did not take an oath, ~IT~S~Y hand and official sea~ in ~he'County and State last aforesaid th~s ~~ ~ ~mmiss[on Expires: AGENDA ITEM . NOV 1 3 2001 pg. ~ SIGNED, SEALED AND DELIVERED IN ., THE PR'F. SENCE OF: SAFECO IN/~RANCE COMPA,~.? OF AMERICA (Signet re) (Signature) ~ SUSAN BEATON ALLYSON DEAN (Print Name) {Print Name) ~~ ATTO~EY-I.-FACT (Title) BRIDGETTE STEHART (Print Name) State of TEXAS County of DALLAS On this 1ST day of SEPTEMBER , 2000 . before me personally appeared ALLYSON DEAN , kno-zvr~ to me to be the Attorney-in-Fact of SAFEC0 INSURANCE CONPAN¥ OF AHERICA , zhe corporation that executed the within ins~ument, and acknowledged [o me ~hat such core.radon executed ~he same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my o~ice in the aforesaid county, the day and year in this ce~ificate fJm~ wr~e. ~ ..... %.~-:~ ' ~ CAREN HIMS ~ ..... --~ Printed N,me My Commission Expires: COUNTERS[ ~Y: ~ QUL~. RUSSELL, FLOR]DA R~S[D~NT AGENT No. ~, v-r ~ NOV i 3 2001 pg. ~' "'~ sAFECO INSURAN(~ ~AJ'tf OF A~ER.IC.A ' . POWER GENE~ INS~ ~P~ OF S A F E C O OF A~ORNEY s~E, W~HINGTON ~185 No. 7386 KNOW ALL BY THESE PRESETS: ~at SAFECO INSU~NCE COMPANY OF AMERICA and GENE~L INSU~NCE COMPANY OF AMERIC~ ea~ a Washi~ton ~ration, does ea~ hereby ap~t .******* .... ~W~HCEW. WALDIE; CARMEN MI~S; BRIKN M. LEDOW; DEBO~H GRIFF[TH; ALLYSON D~N; ~RO~Y i~ true and la~ul affomey(s)-in-fact, with full authority to exeoJte o~ its behaff fidelity and surety bonds or under, kings and other documents of a similar character issued in the course of its business, and [o bind the respective companythereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 23 rd day of February 2000 W. RANDALL STODDARD, PRESIDENT R.A. pIERSON, SECRETARY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: · ,a~ide V, Section 13. - FIDELITY AND SURETY BONOS ... the President. any Vice President. ~ Secretary, and any Assistant Vice President appointed for that puq~se by the officer in charge of surety operations, shall each have autho6ty to appoint individuals as attorneys-in-fact or under other approp6ate Et]es with a uthorfty to exec~e on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be afExed by facslmite. On any instrument conferring such authority or on any bond or unded~k, Jng of the company, the seal, (x' a facsimile thereof, may be impressed ~ affixed or in an), other manner reproduced; provided, however, that the seal shaU not l;le..r~ecessar~ to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed bythe Secretary of an assistantsectel~ry of the Companyse~ng out, (i) The p~ovisions of ArEcle V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointmenL executed pursuantthereto, and (iii) Cert~'ing t~at said pow~r.of, attome~,appointmentis in full force and effect, the signature of the ce rtJ'~'ing officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' I, R.A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby ced~fy that the fore<joing extracts of the By-Laws and of a Resolution o¢ ~ Board of Directors of these corporations, and of a Power of Attorney issued pumuant thereto, am tcue and correct, and that both the By-Laws, the Resolution and tt~ Power of Attorney are still in lull force and effect. IN WITNESS WHEREOF, I have hereunto satiny hand and al~'~xed the facsim~e seal of said corporation COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY DIRECT STAFF TO INITIATE AMENDMENTS TO THE BAYSHORE DRIVE MIXED USE ZO~G OVERLAY TO FURTHER PROMOTE REDEVELOPMENT IN THE AREA. OBJECTIVE: To receive direction from the CRA for staff to initiate amendments to the Bayshore Drive Mixed Use Zoning Overlay to further promote redevelopment in the area. CONSIDERATIONS: On December 12, 2000, the Board of County Commissioners adopted the Bayshore Drive Mixed Use Zoning Overlay District. The intent of district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small-scale mixed use development, revitalizing the commercial and residential development along the corridor, enhancing the xvaterfront, encouraging on-street parking and shared parking facilities, providing appropriate landscaping and buffering between the various types of uses, and protecting and enhancing the nearby single-family residential units. The Bayshore/Gateway Triangle Local Redevelopment Advisory Board supports the following amendments to the overlay district: 1) Amend Section 2.2.33.16 Signs by permitting pole signs for properties that are located in the Waterfront Subdistrict (W) and are located adjacent to the Haldeman Creek Bridge, subject to certain criteria and standards; and 2) Amend Section 2.2.33.22 (Ri SubdistricO a~zd 2.2.33.23 (R2 SubdistricO by adding a conditional use for a bed and breakfast lodging facilities subject to certain criteria and standards. Both proposed amendments are requested and supported by the Bayshore/Gateway Advisory Board, xvhich has been approached by individuals in the redevelopment area xvho believe that these amendments further the redevelopment efforts. The advisory board recommends that the CRA direct staff to initiate and process the above amendments. The attached DRAFT amendments have been submitted to the Current Planning Section for processing in the 2001 Cycle 2 amendment process and will require review by the Development Services Advisory Committee, the Planning Commission and the Board of County Commissioners xvith final adoption expected in January 2002. The Advisory Board and staff desire to initiate the amendments on behalf of the CRA rather than require the applicant to submit the application package. Therefore, the staff needs direction from the CRA to process the amendments. FISCAL IMPACT: None at this time GROWTH MANAGEMENT IMPACT: The Growth Management Plan, Future Land I.Y~ Element contains the Bayshore/Gateway Triangle Redevelopment Overlay, whi h al~~~ NOV 13 2001 additional neighborhood commercial uses and higher residential densities, as well as promoting a mixture of uses. The bed and breakfast conditional use provision further encourages a mixture of uses as well as enhanced pedestrian and community interactions. ADVISORY BOARD AND PLANNING SERVICES RECOMMENDATION: Direct staff to initiate and process amendments to the Bayshore Drive Mixed Use Zoning Overlay. All amendments will be considered for adoption by the Board of County Commissioners at a later date. PREPARED BY: "~4x C",._~.~h~- -,,,-.c ~c,-¢Cxc-t, October 29, 2001 NIARLENE FOORD DATE ' R PRINCIPAL PLANNE COMPREHENSIVE PLANrNING SECTION REVIEWED BY: - STAN LITSINGER,~ICP /~ DATE C©MPREHENSIVE PLANNING MANAGER REVIEWED BY: TOM KUCK DATE INTEREM PLANSNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: JOHN D~.CK DATE INT~b,~t'~INIS FRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES " NOV 1 3 2001 2 L_ ' ORIGIN: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AUTHOR: Susan Murray, AICP ~ ~'~ ~ ~ ~L~ DEPARTMENT: Planning Services LDC PAGE (S): LDC 2:124.15 LDC SECTIONB: Section 2.2.33.16 CHANGE: To amend section 2.2.33.16 Signs by adding #8 the purpose for which is to add the permission of a pole sign for properties that are located in the Waterfront Subdistrict (W) and are located adjacent to the Haldeman Creek Bridge subject to certain criteria and standards. REASON: Comprehensive planning staff and the Bayshore/Gateway Local Redevelopment Advisory Board offer this amendment in the belief that properties that are adjacent to the south side of Haldeman Creek Bridge are negatively affected by the prohibition of a free standing sign because those properties sit much lower than the bridge. This amendment is subject to CRA approval FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend LDC as follows: Sec.2.2.33.16 Signs. Division 2.5 shall apply, unless specified below: 8. Properties that are located in the Waterfront Subdistrict (W) and are located adjacent to the Haldeman Creek Bridqe are allowed one pole si.qn not to exceed 65 square feet in area. A. Pole signs shall not be internally lit B. Pole si,qns shall be architecturally consistent with the buildin.q in which it serves. NOV 1 3 2001 ORIGIN: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AUTHOR: Susan Murray, AICP DEPARTblENT: Planning Services LDC PAGE(S): LDC 2: 124.24; LDC 2:124.18 LDC SECTION: Section 2.2.33.23; Section 2.2.33.22 CHANGE: To amend section 2.2.33.23 (R2 Subdistrict) by adding subsection 2.2.33.23.1 and renumbering section 2.2.23.23.1 to .2 the purpose for which is to add as conditional use a'~ed and breakfast'lodging facility subject to certain criteria and standards and to replace BbIUD bIap 1. To amend section 2.2.33.22 (R1 Subdistrict) by adding subsection 2.2.33.22.3 and renumbering section 2.2.23.22.3 to .4 as well as the rest of the section through .14 the purpose for which is to add as conditional use a'°oed and breakfast'Iodging facili~ subject to certain criteria and standards. REASON: Comprehensive planning staff offer this amendment in the belief that it furthers the ambiance that is the thrust of development in the Bayshore Overlay zoning district. The Bayshore / Gateway Local Advisory Board also supports this amendment. This amendment is subject to CRA approval. FISCAL & OPERATIONAL IblPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend LDC as follows: Sec.2.2.33.23.2 Conditional uses. The following uses are permitted as conditional uses in this sub-section. 1.Bed and Breakfast lodging facility subiect to the followin,~ requirements; ,~^ NOV I 3 2001 a. Is subject to the provisions of Division 3.3 Site Development Plans. b. Minimum number of guest rooms or suites is two with a maximum of six. Occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms used for rental purposes shall be 100 square feet. c. No cooking facilities shall be allowed in guest rooms. d. Separate toilet facilities for the exclusive use of guests must be provided. At least one bathroom for each two guestrooms shall be provided. e. All automobile parking shall be provided on site based on a minimum of two spaces plus one space for each two bedrooms. All other applicable provisions of this Code relative to parking shall apply. f. A bed and breakfast lodging facility shall be allowed a si~n containin~ a maximum sima area of four square feet containing only the name of the proprietor or name of the residence. Letters shall be limited to txvo inches in height and shall not be illuminated. g. All bed and breakfast lodging facilities must have an on-site manager. h. The facility shall comply with all business license, certifications. and health laws of Collier County and the State of Florida. i. All other applicable County regulations shall apply. Sec.2.2.33.22.3 Conditional uses. The following uses are permitted as conditional uses in this sub-section for lots that are adjacent to the xvaterfront. 1.Bed and Breakfast lodging facility subject to the following requirements; a. Is subject to the provisions of Division 3.3 Site Development Plans. b. Minimum number of guest rooms or suites is two with a maximum of six. Occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms used for rental purposes shall be 100 square feet. c. No cooking facilities shall be allowed in guest rooms. d. Separate toilet facilities for the exclusive use of .~uests must be provided. At least one bathroom for each two guestrooms shall be provided. A~t, rr~ NOV 13 2001 e. All automobile parking shall be provided on site based on a minimum of two spaces plus one space for each two bedrooms. All other applicable provisions of this Code relative to parking shall apply. f. A bed and breakfast lodging facility shall be allowed a si~n containing a maximum si~ area of four square feet containing only the name of the proprietor or name of the residence. Letters shall be limited to txvo inches in heiaht and shall not be illuminated. g. Ali bed and breakfast lodaing facilities must have an on-site manager h. The facility shall comply with all business license, certifications, and health laws of Collier County and the State of Florida. i. All other applicable County reaulations shall apply. NOV 1 3 2001 DRAFT IdiNUTES Bayshore / Gateway Triangle Local Redevelopment Advisory Board Minutes - Meeting of October 11, 2001 / ,.~'- e. Boathouse Grill Review of Sign Options Mark Hendry presented photographs of freestanding signs already existing along Bayshore Drive, and presented an image of a proposed sign for his place of business, The Boathouse Grill Marina. The advisory board was informed that the boathouse is 11 Y2 feet down from the bddge on Bayshore Drive. The board was also informed that the boathouse is in need of additional parking spaces. Mr. Hendry advised the committee that the current sign is "illegal" according to county ordinances, and no permit was pulled. <Pause in recording tape due to brief viewing of a video> Mr. Hendry presented the committee with a short video showing the lack of visibility for his current sign. Aaron Blair advised that if an immediate solution were required, he would be allowed to have four signs on his building; one on the waterfront, and one on the opposite side of the building, which must be 65 square feet at the maximum. He could also keep the current sign at a smaller size, and an awning with the business name on it. Bill Neal said that this lack of visibility is a special situation that calls for a possible recommendation to the Commissioners to amend the Land Development Code to accommodate four parcels of land surrounding the bridge. Aaron Blair advised that the soonest that could be done would be the fall of 2002, if it was approved. Michelle Crowley informed that committee that a time frame is being formed to address all illegal signs in Collier County, including those in the Bayshore Drive area. Mike Hoy offered a suggestion that a draft for an amendment may be worded in a way stating that no freestanding signs are allowed except for any property located below the crown of the road by x number of feet. Bill Neal interjected that it was mentioned during prior meetings Aaron Blair may be able to avoid such an amendment. MicheIle Crowley and Aaron Blair were asked to help Mark Hendry draft a resolution to present to the CRA. A motion was made by Sharon King to direct Aaron Blair to draft an amendment to be presented to the CRA; seconded by Alicia Poole. The motion was passed unanimously. A copy of this draft is to be sent to each committee member to modify as needed, in order to avoid an extr~ meeting. 6. New Business a. Amendments to Bayshore Mixed Use Zoning Overlay Comprehensive Planning is considering the possibility of a "bed and breakfast" in the R-2 district, west side of Bayshore. Deborah Russell and Sharon King suggested that R-1 district should be included. No motion was needed to include this area. b. Other There was some open discussion about a future marina on Bayshore Drive. Sharon Kin9 stated that boat repair was not allowed in that area. However, if it is a marina, boat repair is allowed. This future business is classified as a marina per Bill Neal. Bill Neal also informed the committee that a portion of the median would be torn out to allow a turn-off into his business. 7. Citizen Comments Bruce Babbit expressed interest in joining this committee. Bill Neal advised this citizen that there were no vacancies on this particular committee. However, it was suggested to put in an application with Sue Filson for other committees, such as the MSTU. Mr. Babbit also asked when dredging will begin in his area. He was informed that negotiations on costs were still being discussed. 8. Adjournment. Adjournment - As there was no further business to discuss, the meeting was adjourned at 7:23 p.m. The next meeting will be held on November 8~h, 2001, at 6:00 p.m. at the Community Development and Environmental Services Building, conference room E. ^ " NOV 13 2001 ZONING 2.2.33.2 2.2.32.3.9. Sidewalks. Projects shall provide sidewalks so as to encourage pedestrian traffic. Adjacent projects shall coordinate the location of sidewalks. 2.2.32.3.10. ,'tIaximu~n height. Buildings shall have a maximum height of two stories. 2.2.32.3.11. Signs. As required in division 2.5. 2.2.32.3.12. Landscaping. As required in dix-ision 2.4. 2.2.32.3.13. Cessation of residential uses. Existing residential uses must cease to e.~ist no later than ten years after the effective date of the adoption of the Santa Barbara Commercial Subdistrict in the Golden Gate ,&rea Master Plan (April 19, 1999). This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this district, within one additional year. This requirement to cease existing residential uses does not apply to dwelling units which were owner-occupied as of April 19, 1999. 2.2.32.3.14. ~.hriance request. Owners of property witlxin the Santa Barbara Commercial Overlay District may petition the board of zoning appeals for a variance from the standards in this district (section 2.2.32.3.1. and section 2.2.32.3.4~ 2.2.32.3.13) as will not be contrary to the public interest when, owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. The procedures and stan- dards for granti.ng such variances are as set forth in section 2.7.5.6. of this Code. tOrd. No. 00-43, § 3.B., 6-14-00) Sec. 2.2.33. Bayshore Drive ]~iixed Use Overlay District. 2.2.33 Bavshore Drive Mixed Use Overlay district: Special conditions for the proper- ties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation 'BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 2.2.33.1. Purpose and intent. The purpose and intent of this district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small-scale mixed use development. This district is intended to: revitalize the commercial and residential development along this corridor; enhance the waterfront; encourage on-street parking and shared parking facilities and provide appropriate landscaping and buffering between the various types of uses; and protect and enhance the nearby single-family residential units. The types of uses permitted are low intensity retail, office, personal service and residential uses. · 2.2.33.2. Applicability. These regulations shall apply to the Bayshore Drive .Mixed Use Overlay district as identified on BMUD Map 1 and further identified by the desi~nation "BMUD" on the applicable official Collier County ~ ~,,pp No. 1~ LD02:124.7 NOV 13 2001 2.2.33.2 COLLIER COUNTY LAND DEVELOPMENT CODE Maps. Except as provided in this section of the Code, all other uses, dimen- sional and development requirements shall be as required in the applicable underlying zoning category. NOV 13 2001 Supp. No. 11 LDC2:124.8 I~. C~1 ZONING 2.2.33.2 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT ,:.. - ....... ,; ..... ', Baysho~ Drive-BMUD Map l Bayshore Dhve-B~D Map 1 NOV 1 3 2001 Supp. No. 12 LDC2:124.9 [ 0 2.2.33.3 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.33.3. Illustrations used in this section are solely intended to provide a graphic example of a specific standard or standards set forth herein and not as requirements the for style of specifics projects. Variations from these illustra- tions, which nonetheless adhere to the provisions of this section, are permitted. 2.2.33.4. Subdistricts. There are five subdistricts identified within the Bayshore Mixed Use district: Neighborhood Commercial; Waterfront; Residential One; Residen- tim Two; and Residential Neighborhood Commercial. The boundaries of these subdistricts are identified on BMUD Map 1 and further identified by the designation "BI~fUD" on the apphcable official Colher County Zoning Atlas Map or map series. Uses and standards for each subdistrict are specified. In the event that parcels axe assembled that include parcels fronting Bayshore Drive and extending to the end of the overlay boundary, a mixed-use develop- ment is permissible and may include all of the uses specified in the correspond- ing Neighborhood Commercial and Residential subdistricts, provided the most restrictive landscaping and buffering requirements will apply to development abutting any residential district. 2.2.33.5. Neighborhood Commercial subdistrict. The purpose and intent of this subdis- trict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be small-scale and pedestrian-oriented. 2.2.33.6. Permitted uses. For all of the properties located within the Neighborhood Commercial subdistrict, as indicated on BMUD Map 1, the Bayshore Drive Mixed Use Overlay district, the following uses are permitted as of right in this subdistrict: a. Accounting, auditing and bookkeeping services (8721). b. Amusement and recreation services (groups 7911, 7991). c. Apparel and accessory stores (groups 5611--5699). d. Barber shops (7241). e. Beauty shops (7231). f. Business services (groups 7311, 7313, 7322--7338, 7384). g. Eating places (5812 except concession stands, contract feeding, dinner theaters, drive-in restaurants, fast food restaurants, food service (insti- tutional), industrial feeding). h. Food stores (groups 5411 except convenience stores, and supermarkets, 5421--5499). i. General merchandise stores (5331--5399). j. Offices for engineering, architectural, and surveying services (groups 8711--8713). k. Health services (8011--8049, 8082). ~k~_/~~ Supp. No. 12 LDC2:124.10 NOV ] 3 ZONING 2.2.33.7 1. Home furniture, furnishing and equipment stores (groups 5714--5719, 5731--5736). m. Hotels and motels (7011 except hostels). n. Insurance carriers, agents and brokers (groups 6311--6361, 6411). o. Legal services (8111). p. Management and public relations services (groups 8741--8743, 8748). q. Membership organizations (8611--8699). r. Miscellaneous repair ser~'ices, (7629, 7629 except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines and 7631). s. Miscellaneous retail services (5912, 5932--5949, 5992--5999). t. Museums and art galleries (8412). u. Personal services (groups 7212, 7291) v. Photographic studios (7221). w. Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9511-- 9532, 9611--9661). x. Real estate (groups 6531--6541). y. Security and commodity brokers, dealer, exchanges and serxdces (groups 6211--6289). z. Shoe repair shops and shoeshine parlors (7251). aa. United States Postal Service (4311 except major distribution center). bb. Veterinary services (groups 0742 vetemnanan office only, 0752 dog grooming and pedigree record services only, all excluding outdoor ken- neling). cc. Videotape rental (7841) dd. Residential uses with the following limitations: Multi-family uses are permitted above commercial uses on lots fronting Bayshore Drive, no single family units are permitted on lots fronting Bayshore Drive. 2.2.33.7. Prohibited uses. All uses prohibited within ~he underlying residential and commercial zoning districts contained within this district, and the following additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay district: a. Gasoline service stations (5541). b. Outdoor storage or merchandising unless specifically permitted by other AGF._.NOA I'T-ir_~4 provisions of this BMUD. Supp. ,','o. n LDC2:124.11 NOV I 3 2001 2.2.33.7 COLLIER COUNTY LAND DEVELOPMENT CODE c. Drive-through establishments such as restaurants, banks, pharmacies, dry cleaning, and other drive-through establishments. d. Single-use "big box" establishments over 15,000 sq. ft. e. Automotive dealers (5511, 5521). f. Automotive repairs (7532--7539, 7549). g. Boat dealers (5551). h. Car~vashes (7542). i. Agricultural services (0711--4)783). j. Kennels and veterinary services (0752, 0279, 7948). k. Building material sales (5211). 1. Warehousing (4225). m. Communication towers. n. Bars, lounges, bottle clubs (5921, 5813). o. Convenience stores (5411). ~- p. Sexually oriented businesses (as defined in Ordinance No. 91-83). q. Laundromats (7215). r. Tattoo parlors (7299). s. Labor pools (7363). t. Homeless shelters or soup kitchens (8322 and 8361). u. Commercial parking lots (7521) shall not be permitted on parcels that have water access. v. Pawn shops (5932). w. T/fie loans (6541). x. Self and mini storage units (4225 4226). 2.2.33.8. Accessory uses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within in this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2.Properties immediately adjacent to Haldeman Creek may engage in boat rental operations. 3. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront ~'~ district ~W) subdistricts, as indicated on BMUD Map No. 1, may cc a dock provided the lots are under the same ownership and ha Supp. No. 11 LDC2:124.12 ZONING 2.2.33.11 approved by the planning services department director, a site develop- ment plan shall be submitted to the planning services department director. 2.2.33.9. Conditional Uses. The following uses are permitted as conditional uses in the subdistrict subject to the standards and procedures established in division 2.7.4. a. Child care centers and adult day care centers (8351). b. Churches az~d houses of worship (8661). 2.2.33.10. Outdoor display and sale of merchandise. The following regulations govern the outdoor display and sale of merchandise. 1. No automatic food and drinking vending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to t~'o machines per project site and must be architecturally integrated ~-ithin the project site. 3. Outdoor display and sale of merchandise, ~dthin front yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. B. The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provision ~-ill be made to adequately address the following: 1. Vehicular and pedestrian traffic safety measures. 2.Location of sale/display of merchandise in relation to parking areas. 3. Fire protection measures. 4. Limited hours of operation from dawn until dusk. 5. Merchandise must be displayed in a vendor cart that comple- ments the architectural style of the building that it is accessory to. 6. Vendor carts located on sidewalks must afford a five-foot clearance for non-obstructed pedestrian traffic. _ 2.2.33.11. Dimensional standards. ~_/~' "~ I I NOV 3 2001 Supp. No. 12 LDC2:124.12.1 2.2.33.11.1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.33.11.1. Minimum yard requirements. 1. Front yards--At five feet, 80 percent of the structure must be located at the required front setback line. In-fill projects may vary from this front setback hne in order to keep a consistent front yard with adjacent exiting structures. 2. Side yards--Five feet, except when abutting the residential district then it will be 15 feet. 3. Rear yards---20 feet. 4. Waterfront--25 feet outdoor seating areas, canal walkway, water man- agement facilities, and landscaping area may be located within the required setback. 5. Buildings located on Bayshore Drive will have their first floor elevation level with the sidewalk. The first floor of the buildings must be utilized for commercial purposes. 6.Where possible buildings facing Bayshore Drive wrap around the comer as depicted on BMUD Figure 1. 7. To allow the maximum use of the waterfront, building placement on a lot can vary from the required setbacks, provided such variation is recom- mended by the CRA staff and the county architect and approved by the planning services department director. 2.2.33.11.2. Maximum density. For the residential component--12 units per acre as required by the future land use element of the growth management plan. 2.2.33.11.3. Minimum floor area. 700 square foot gross floor area for each building on the ground floor. 2.2.33.11.4. Maximum height of structures. 1.Commercial use buildings are limited to a maximum height of three stories or 42 feet above the sidewalk grade to the building eave. 2. Buildings containing only residential uses are limited to a maximum height of three stories or 42 feet above the sidewalk grade to the building eave. 3. Buildings containing mixed-use residential over commercial uses shall be limited to a maximum height of four stories or 56 feet above the sidewMk grade to the building eave. 4. The first floor of the building at the sidewalk level shall be no less than ~-~ 12 feet and no more than 18 feet in height from the finished cc. ii,DA ITE~ ~ fiaished ceiling and shall be limited to commercial uses only. N~___/~/~ 1 \ ._ Supp. No. 12 LDC2:124.12.2 NOV ] 3 20~]1 ZONING 2.2.33.12 5. Buildings containing commercial or residential uses are required to a minimum depth of 35 feet from the front setback hne on all floors. The remaining de~th may be used for ~arking. o ............ : , ', l:'-,. ',..~'~. ~.',.~' ... '1 BMUD Figure 1--Typical corner lot development 2.2.33.12. Parking standards. 1. Three spaces per 1,000 square feet of floor area open to the general public for commercial use 2. Bfinimum one parking space for each residential unit. 3. Outdoor cafe areas shall be exempt from parking calculations. 4.Access to the off-street parking facility must be from the local street unless restricted due to lot size. 5. Should the property owner develop on-street parking spaces on local streets within the same block of the project site, then each space so provided shall count as one space toward the parking requirement of this subsection. 6. On-street parking on local streets excluding Bayshore Drive requires an agreement with the county to use the public right-of-way for pa king. J~;,ENOA ~TEI~ Supp. N'o. 12 LDC2:124.12.3 NOV I 3 2001 2.2.33.12 COLLIER COUNTY LAND DEVELOPMENT CODE Angle or parallel parking (as depicted on BMUD Figure 2) is permissible based on the site development plan as approved by the planning services department and built to county standards. The property owner must agree to maintain that portion of the public right-of-way where the parking is located. 7. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) subdistricts, as indicated on BMUD Map No. 1, may be used for off-site parking provided the lots are under the same ownership, meet the standards of subsection 2.3.4.1.2.c.2. of this Code and have been approved by the planning services department director, a site develop- ment plan shall be submitted to the planning services department director. BMUD Figure 2--Typical on-street parking 8. On-street parking on Bayshore Drive shall be made available to the ~ property owner on a first come first serve basis at the time of site development plan (SDP) or site improvement plan (SIP) approval _~- Supp. No. 12 LDC2:124.12.4 NOV 1 3 2001 ZONING 2.2.33.13.4 vided the parking does not interfere with the on-street bike lanes and is located within the block in which the block that the property it serves is located. Construction or renovation of any building must occur within 90 days of the SDP or SIP approval and be completed within six months of commencement in order to secure the on-street parking spaces. Due to circumstances beyond the control of the applicant the property owner may request an extension from the planning services director. These spaces must be used toward the fulfillment of the parking requirements set forth herein. 9. The off-site parking requirements of section 2.3.4.11 of the Code shall apply. Vehicular egress points may be located on local streets opposite residential homes provided they are within the Bayshore Mixed Use Overlay District. 10. Shared parking requirements shall be consistent with those provided in subsection 2.3.4.11.2.c. of the Code except that the planning services department director can approve or deny requests instead of the board of zoning appeals or pl~nrdng commission. Shared parking spaces may be separated by Bayshore Drive provided the two properties are located within the BMUD. 2.2.33.13. Landscaping. As required by division 2.4 of this Code unless specified otherwise below: 2.2.33.13.1. Special buffer requirements for development areas contiguous to residentially zoned property. A 15-foot wide landscape buffer area shall be required. This area shall include a six-foot high wall, fence or berm, or combination thereof, a row of trees spaced no more than 25 feet on center, and a single row of shrubs at least 24 inches in height at the time of planting. Landscaping shall be on the residential side of the wall. 2.2.33.13.2. Landscape buffer requirements for multifamib' residential development adja- cent to single family residential property. A ten-foot-wide Type B landscape buffer with narrow canopies proportionate to the narrow buffer space shall be required. 2.2.33.13.3. Landscape buffer requirements where vehicular use areas abut the waterfront. A double row hedge at least 24 inches in height at the time of planting and attaining a minimum of three feet in height within one year shall be required. 2.2.33.13.4. Rear landscaping requirements for Neighborhood Commercial and Waterfront districts adjacent to the waterfront. A five-foot Ts'pe D landscape buffer with a canal walkway is required. The walkway shall be a minimum of six feet-wide and consist of an impervious surface walkway. Walkways must be des~ ,mecl Supp. No. 12 LDC2:124.13 ~]0V 2.2.33.13.4 COLLIER COUNTY LAND DEVELOPMENT CODE and located to provide an interconnection bet~veen adjacent properties wher- ever possible. Marinas may be exempted from this provision due to safety provisions if approved by the planning services director. 2.2.33.13.5. Landscape requirements for properties fronting Bayshore Drive. The intent is to integrate the fight-of-way and building front with decorative pavement that is consistent with the Bayshore Beautification hardscape. Landscaping shall be consistent with the Bayshore Beautification Plan. 2.2.33.13.6. Landscape screening of mechanical equipment. Mechanical equipment shall be screened with a fence that is architecturally compatible with the building it serves or be screened with a three-foot high hedge, spaced three feet on center. 2.2.33.13.7. Landscape buffer requirements for marina development contiguous to residen- tially zoned property. A 20 foot-wide landscape buffer area is required. Such buffer must include a minim-m six foot high wall, fence, berm, or combination thereof, a double row of trees spaced no more than 20 feet on center, and a double row of shrubs at least 24 inches height at time of planting. Landscaping shall be on the residential side of the wall. 2.2.33.14. Special provisions. 1. Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 145 square feet shall be subject to sprinkler · requirements but only from the potable water supply without require- ments for backflow protection. 2. Loading docks and service areas shall not be allowed on the frontage line. 3. All dumpsters must be located in the rear yard and not visible from Bayshore Drive. 2.2.33.15. Architectural standards. 1. All buildings shall meet the requirements set forth in di~Ssion 2.8 unless otherwise specified below. 2. All buildings adjacent to Bayshore Drive will have the principal pedes- trian entrance fronting Bayshore Drive. 3. Thirty-five percent of the building facade that faces Bayshore Drive will be clear glass. 4. Clear glass windows between the height of three and eight feet above sidewalk grade are required on the primary facade of the first floor of any building. 5. Attached building awnings may encroach over the setback line by a .~ maximum of five feet. AC, ENO~ IW.M 6. Neon colors shall not be used as accent colors. ~_/~',9 ~ ~ NOV 13 2001 Supp. No. 12 LDC2:124.14 ZONING 2.2.33.19 2.2.33.1t3. Signs. As required by division 2.5 unless specified below: 1. One wall sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel provided such sign does not exceed 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not exceed 65 square feet in area in area. 2. In addition, hanging or projection signs are permitted provided such signs do not exceed six square feet, and shall not project more than four feet from the bu/lding on which the sign ~vill be attached. The sign shall be elevated to a minimum of eight feet above any pedestrian way and shall not exceed a height of 12 feet. 3. No freestanding signs shall be permitted. 4. In addition, the vertical drip of an awning may be stenciled x~Sth letters no more than eight inches in height and not to exceed one-third of the length of the canopy. 5. Parcels adjacent to the waterfront may have one additional sign to be placed on the facade which faces the waterfront provided it meets all of the above requirements. 6. Corner buildings or corner units within multiple tenant buildings may have one additional wall sign provided both signs are not placed on the same wall. 7. No internally lit cabinet signs shall be permitted. 2.2.33.17. Waterfront subdistrict. The purpose of this subdistrict is to allow maximum use of the waterfront for entertairunent while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. 2.2.33.18. Permitted uses: a. All uses permitted within the Neighborhood Commercial subdistrict are permitted. b. Marinas. (Group 4493, except all repair and storage of boats must be conducted in an covered area or area internal to the site.) Boats available for rental purposes shall be located in the water or properly screened from the roadways. 2.2.33.19. Conditional uses---Marina. a. Fuel facilities (if permitted, the fueling station canopy must be architec- turally consistent with the building design.) AGENOA ITE!~ Supp. No. 12 LDC2:124.15 NOV 1 3 2001 2.2.33.20 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.33.20. Special conditions for marinas: a. Repair and storage areas shall not be visible from the local street. b. Boats available for rental purposes shall be located in the water or properly screened from the local roadways and not visible from Bayshore Drive. c. All boat racks shall be enclosed. d. Height of structures may be increased to a maximum height of 50 feet by the board of zoning appeals (BZA) upon approval of a variance petition. The BZA, in addition to the findings in section 2.7.5, shall consider whether or not the literal interpretation of the provisions of this Code imposes a financial hardship on the applicant. e.Outdoor displays of new boats for sale on properties fronting Bayshore Drive shall be limited to the following: 1.All areas used for new boat sales activities shall occupy no more than 35 percent of the linear frontage of the property. 2. All boat sale activities are limited to new boat sales. 3. All new boat sale areas shall not be closer to the frontage line than the primary building they serve unless it is otherwise recommended by the CRA staff emd aaministratively approved by the planning services department director. 4.All new boats located within an outdoor sale area shall not exceed the height of 17 feet above existing grade. 5.Outdoor sales areas shall be connected to the parldng area and primary structure by a pedestrian walkway. 6. An additional landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum 14-foot high trees, spaced at 30 feet on center and a three-foot high double row hedge spaced at three feet on center at the time of planting. f. Outdoor displays of boats on properties fronting Haldeman Creek shall be limited to the following: 1.All areas used for boat sales shall utilize no more than 50 percent of the hnear frontage of the property. 2. All boat sale areas shall be no closer to the frontage line than the primary building they serve unless it is otherwise recommended by the CRA staff and approved by the planning services department director. Supp. No. 12 LDC2:124.16 ~OV I 3 2001 ZONING 2.2.33.22.2 3. All boats located within outdoor sales areas shall not exceed a height of 35 feet above the existing grade. Sailboat masts are exempt from this llmitation. 4. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. 5. An additional landscape buffer is required around the perimeter of the outdoor sales area. This buffer must include, at a minimum 14 foot high trees, spaced at 30 feet on center and a three-foot high double row hedge spaced at three feet on center at the time of planting. 2.2.33.21. Parking 1. Parking requirements are the same as those set forth in the Neighbor- hood Commercial subdistrict. 2. Marinas--One parking space per five dry boat storage spaces. 2.2.33.21.1. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach on residential developments. 2.2.33.22. Residential subdistrict I FRf). The purpose of this subdistrict is to encourage the development of multifamily residences as a transitional use bet~'een commercial and single-family development. The multifnm(ly buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. The intent is to create a row of residential units ~-ith uniform front yard setbacks and access to the street. 2.2.33.22.1. Permitted uses. The following uses are permitted as of right. a. Single-fnmily dwellings. b. Two-family dwellings. c. Townhouses. d. Multi-family dwellings. 2.2.33.22.2. Uses accessory to permitted uses. 1. Uses and structures that are accessory to and incidental to the uses permitted as of right. 2. Private docks and boathouses subject to section 2.6.21 and 2.6.22. ~.ENO^ ITEM NOV 13 2001 Supp. No. 12 LDC2:124.17 p~. ~_ ~_ 2.2.33.22.3 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.33.22.3. Minimum lot width: fSingle-family: 50 feet Two-family: 50 feet Townhouses 25 feet Multi-family 100 feet 2.2.33.22.4. R-1 yard requirements. The following yard requirements shall apply and are in relation to the platted property boundaries. Front Yard At* Min. Side Yard Min. Rear Yard One (single) family 10 feet 7¥2 feet unless abut- 15 feet dwelling units ting commercial property, then 5 feet Two family dwell- 10 feet 5 feet unless abut- 15 feet ing units ting single family unit, then 7.5 feet Townhouse 10 feet ,0 feet when abut- 15 feet iting another townhouse, ~f not then the same ste_n- dards as a two fam- ily dwelling unit. Multiple family 10 feet 5 feet unless abut- 15 feet (three or more) ~ting single family dwelling units 'unit, then 7.5 feet *Shall be ten feet from the property line to the building footprint. 2.2.33.22.5. Minimum floor area: 750 square feet per unit. 2.2.33.22.6. Maximum height of structures: (Measured from Federal Emergency Manage- ment Agency (FEMA) to building eave) 1. Principal structures. Three habitable floors or a measure of 40 feet. 2. Accessory structures. 15 feet except for screen enclosures, which may be the same height as the principal structure but in no event greater than 35 feet. 2.2.33.22.7. Minimum off-street parking. 1. Minimum off-street parking is one space per dwelling unit. 2. There shall be no visible parking area from the frontage road. 2.2.33.22.8. On street parking requirements. (Reserved.) I~_/e, fr i \ Supp. No. 12 LDC2:124.18 NOV 1 3 2001 ZONING 2.2.33.22.11 2.2.33.22.9. Building placement and design. Buildings and their elements shall adhere to the following: (See BMUD figure 4): 1. Buildings shall be divided using articulation and/or modulation at least every 80 feet. Facade modulation is stepping back or extending forward a portion of the facade at least six feet measured perpendicular to the front facade for each inter~'al. Articulation includes porches, balconies, bay windows and/or covered entries. 2. The primary residence shall be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street. 3. On corner lots, both street facades of a building shall have complemen- tary details; in particular, building materials and color, rooflines and shapes, window proportions and spacing, and door placement. 4. All mechanical equipment must be screened with a three-foot high hedge spaced three feet on center or an opaque fence or wall at any height to completely screen the mechanical equipment. 5. Stem wall construction is required, no monolithic construction is allowed. 2.2.33.22.10. Elevation. Buildings shall adhere to the following elevation requirements: 1. The first habitable floor at the street facade may not be greater than one foot over the minimum first floor elevation designated in the National Flood Insurance Program by the Federal Emergency Management Agency (FEMA). A mm,rlmum of 40 percent of the first habitable floor may be greater than one foot over the FEl%L~_-designated minimum first floor elevation. 2. Open stilt-type construction is not permitted. On front yards, the facade area below the first floor must be treated with a solid facade or lattice which is consistent with the architectural style of the building. 3. The garage floor shall not exceed 24 inches above the elevation of the right-of-way from which it is accessed. 2.2.33.22.11. Front porches. Front porches that adhere to the following standards may encroach seven feet into the front yard setback, with an additional three-foot encroachment allowable for entry stairs. 1.Front porches must cover a minimum of 40 percent of the horizontal length of the front yard facade of the primary residence. 2.Front porch design and material shall be consistent with the architec- tural design and construction material of the primary residence. 3. Front porches shall not be air-conditioned nor enclosed with.o~'1 ...... ',~OA l~'~cn ,, or other material. No. /~/~ I ~_ Supp. No. 12 LDC2:124.19 NOV 1 3 2001 .,. 2-¥ 2.2.33.22.11 COLLIER COUNTY LAND DEVELOPMENT CODE 4. Second-story porches are encouraged, but no enclosed room is permitted above the front porch. 2.2.33.22.12. Garages and driveways. 1. The rear setback may be reduced to ten feet if a front-access garage is constructed on the rear of the residence. 2. Garage doors shall have a maximum width of 16 feet. 3.Only one driveway is allowed per 50 linear feet of front property line. The driveway shall have a maximum width of 18 feet in the right-of-way area. 4.Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. 5.Garages shall be recessed a minimum of three feet behind the front facade of the primary residence. 6. No carports are permitted. 2.2.33.22.13. Accessory units. An accessory unit is a separate structure located at the rear of the property and related to the primary residence for uses which include, but are not limited to: hbrary, studio, workshop, playroom, or guest quarters. Ownership of an accessory unit shall not be transferred independently of the primary residence. The following regulations regarding accessory units apply: 1. Only one accessory unit is permitted per principal structure. 2.The maximum area of an accessory unit is 550 square feet, limited to one habitable floor. 3. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight feet in width. 4. The maximum height of a structure containing a guest unit over a garage is limited to 18 feet, measured from the level of graded lot to the eave, and with a m~c~mum overall building height of 24 feet to the top of the roof. A structure containing only a guest unit is limited to one story and ten feet, measured from the FEMA first habitable floor height requirement to the eave, with a maximum overall building height of 16 feet to the top of the roof. 5. For purposes of calculating density, an accessory unit ~ill count as one-half a dwelling unit. 2.2.33.22.14. Density. Maximum 12 units per acre, or as consistent with the futur, land use element growth management plan. Ne._/C ~ I · Supp. no. LDC2: 24.2o NOV I3 2001 ZONING 2.2.33.23.1 2.2.33.22.15. Fencing standards. Fencing forward of the primary facade of the structure is permitted subject to the following conditions: 1. The fence does not exceed four feet in height. 2. The fence is not opaque but provides an open view. 3. Chain link fence is prohibited. 4. The fence material shall be wood, vq..nyl, or iron. 5. A masonry wall is permitted and shall not exceed three feet in height. t3. Fencing and walls must architecturally complement the primary struc- ture as determined by the CRA staff and the planning services depart- ment director. BI~fU-D Figure: 3--Permitted 2~pical Fencing 2.2.33.23. Residential subdistrict 2 (R2). The purpose of this subdistrict is to encourage the development of multff~m~ly residences as transitionM uses between commercial and single-f~raily development. The multif~m~ly buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. Development standards for the subdistrict are the same as those set forth for the Residential subdistrict 1, unless set forth below. 2.2.33.23.1. R-2 yard requirements. The following yard requirements shall apply and are in relation to the platted property boundaries. ;'ront Yard At~' Min. Side Yard Min. Rear Yard One (Single) F~m- 25 feet 7.5 feet 15 feet ily Dwelling Units Two Family Dwell- 25 feet 6 feet unless abut- 15 feet lng Units ting single family iunit, then 7.5 feet Townhouse 25 feet 6 feet unless abut- 15 feet ting single family unit. then 7.5 feet ~c,~ ~o^ ~,_M ~ Supp. No. 12 LDC2:124.21 NOV 1 3 2001 2.2.33.23.1 COLLIER COUNTY LAND DEVELOPMENT CODE Front Yard At* Vlin. Side Yard Min. Rear Yard Multiple Family 25 feet 6 feet unless abut- 15 feet (Three or more) ting single family Dwelling Units unit, then 7.5 feet *Shall be 25 feet from the property line to the building footprint. 2.2.33.24. Residential Neighborhood Commercial subdistrict CRNC). The purpose and intent of this subdistrict is to allow limited home occupational businesses. Home occupation in section 2.6.20 of the Code, shall apply unless specified otherwise below. Development standards for the subdistrict are the same as those set forth for the residential subdistrict 2, unless otherwise set forth below. 2.2.33.24.1. The home occupations permitted include: Accounting (8721), auditing and bookkeeping ser~dces (8721), barber shops and beauty salons (7231 except beauty culture schools, cosmetology schools, or barber colleges), engineer or architectural set,rices (8713, 8712, 8711), insurance agents and brokers (6411), legal services (8111), and real estate agents (6531 except manufactured home brokers, on-site; housing authorities, operating). 2.2.33.24.2. The home occupation shall be clearly incidental to and secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling unit. The following conditions shall be met: 1. There shall be a minimum of one residential dwelling unit. 2. The resident of the home shall be the owner and operator of the home occupation. 3. The home occupation shall not occupy more than 30 percent of the primary residential structure. 4. The home occupation shall not employ more than t~vo employees at any given time. 5. One wall sign shall be permitted provided it does not exceed six square feet in area, and shall not project more than four feet from the building on which the sign is attached. 6. A total of two parking spaces shall be provided for clients or customers. Two additional parking spaces shall be provided for employees, if any. The required parking area or areas shall not be located in the front yard of the residence. 7. Parking areas shall consist of a dust free surface such as: Mulch, shell, or asphalt. A single row hedge at least 24 inches in height at the time of planting shall be required around all parking areas. 8. There shall be no additional driveway to serve such home occ~ )atio~ Supp. No. 12 LDC2:124.22 NOV 1 3 2001 ZONING 2.2.34.1 There shall not be outdoor storage of materials or equipment used or associated with the home occupation. 2.2.33.25. Reserved. BMUD Figure 4--Typical front elevation, residential development (Ord. No. 00-92, § 3.A.; Ord. No. 01-34, § 3.B.) Sec. 2.2.34. Goodland Z~ning Overlay (GZO) District. 2.2.34.1. Purpose and intent: To create design guidelines and development standards that will assure the ~rderly and appropriate development in the unincorpo- rated area generally; known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and d~elopment of Goodland can occur with assurance that the ' tropical fishing village and small town environment of Goodland is )rotected, and preserved and that development and]or redevelopment reflect .he u~hldtbw~a II~ residential and commercial characteristics of the community. ~_/e,,~ ] ~ NOV 13 2001 Supp. No. 12 LDC2:124.23 EXECUTIVE SUMMARY APPROVAL OF THE EXPANSION OF A FULL TIME INVESTIGATOR POSITION FOR THE IMMOKALEE AREA AND RELATED BUDGET AMENDMENT OB,JECTIVE: To obtain Board approval for the expansion of one investigator position to address ongoing concerns related to general code enforcement issues in the Immokalee community CONSIDERATION: The Board of County Commissioners approved two Investigators for the Immokalee area as part of the housing initiative to remove substandard housing within the community. Although the initiative is well underwaY and is resulting in improvements in the area's housing, the initiative is very time intensive and leaves little time for the investigators to address the daily code violations in the area. Prior to the Immokalee Initiative the Department had a weekly crew of 3 to 4 investigators in the area addressing routine violations one day a week. This intensive patrolling also included one investigator that reported to the community on a daily basis. The area showed signs of much needed improvement as a result of this activity. Currently an investigator is assigned to the Immokalee area 2 - 3 days a week to address the routine violations occurring in the community. However, the area requires full time attention to ensure continual compliance with the Land Development Code and related County ordinances. ..... Based on prior efforts and the current caseload handled by the staff now assigned to the area, it is our professional opinion that an additional full-time investigator is needed in the Immokalee area. This investigator will provide a daily code enforcement presence responding to reported complaints as well as conducting proactive patrols. The added enforcement will help to enhance and preserve the standards the community is working so hard to achieve. FISCAL IMPACT: The overall cost of this expanded request is $70,800.00, which includes salary, benefits and equipment required for the Investigator. These funds would be appropriated from Unincorporated Reserves MSTD Fund 111. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Approve a request and subsequent budget amendment for the expansion of a full time investigator position in Immokalee. Michelle Edwards Arnold, Director Code Enforcement Department APPROVED BY: Q~~~ rDate: ~"*' ~hn 1Vi. Dunnuck III, Administrato ~ IIlM ' (~mmunity Development & Enviromental Services ~ /& ,~ ~ ,~ NOV 13 2001 · EXPANDED LEVEL OF FUNDING REQUEST FORM HI Fund/Cost Center: 111-138911 Contact Person: Michelle Arnold Title of Service: Investigator Reason (choose one): Total FY-00 Cost: $ 70,800 [] Mandated Revenue Generated: $ [] CIE Project Funding Source Description: General Fund [] Growth [] Efficiency Description of Expanded Request: Code Enforcement Investigator to enhance the efforts of the department by increasing coverage ia the Immokalee area. Currently there a 2 full time investigator positions that deal primarily with the Housing Imtiative program but the area's needs are such that another investigator is needed to address routine violations that occur on a daily basis. Service Level Request: The investigator position would allow for the enforcement of County codes and ordinances ia the Immokalee community. There are numerous violations that have not been timely addressed due to staffing constraints. Currently there are 2 full time investigators for the area work primarily on issues related to the Immokalee Housing Initiative. There is an eminent need for additional code enforcement staffing. Personnel Requests: Proposed Position Title: Investigator Brief Description of Duties: To investigate violations of L.DC, zoning and related ordinances, providing Proposed Pay Range: Range # 14 Minimum $27,686 Maximum $ 47,066 Detail of Appropriations: : '.~::~:~:~:::::::::::::~:~.~::*¥~¥"~,~,.'~::¥~:.~%'"'*:}~:~;:~ .~,;q~ '.,.' ~:.~.~:: '..":~':':: ..... ::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::: ..~ ::.. :.. . - . .. :.... 512100 Resular Salaries 27,686 521100 SS Matching 2,200 522100 Retirement 2,600 523150 Health Insurance 5,500 523160 Life Insurance 100 640410 Motor Pool 3,400 645260 Auto Insurance 900 652130 Clothin~ftJniforms 700 641700 Cellular phone 500 641900 Telephone Support System Allocation 900 654370 Or~t~ani?a~iol~ Development 300 654360 Other tminial~ / educational expenses 500 651910 Minor Office Equipment (telephone) 300 652910 Minor Operatm~ Equipment 500 652990 Other Operating Supplies 200 764110 Auto & Trucks 19,500 764210 Commumcation Equipment 3,300 764900 Data Processing Equipment 3,??~. ~. .... ~aa Total This Request NOV 13 2001 I~, o~ ,. EXECUTIVE SUMMARY REQUEST FOR APPROVAL AND FUNDING OF AN ADMINISTRATIVE ASSISTANT POSITION TO BOLSTER THE IMPACT FEE ADMINISTRATION AND CASHIERING SECTIONS AT THE COLLIER COUNTY DEVELOPMENT SERVICES CENTER OB~IECTIVE: To maintain top-quality customer service in response to increasing workloads in the Impact Fee Administration and Cashiering functions of the Collier County Development Services Center by adding an Administrative Assistant position to the Office of Financial Management, Community Development and Environmental Services Division. CONSIDERATION: In August 1999, the Board of County Commissioners approved the creation of an Impact Fee Coordinator position to address management problems associated with the assessment and collection of impact fees. In September 2000, the Board approved two additional support positions in Impact Fee Administration. In addition, subsequent reorganizations following the breakup of the Revenue Services Department and the distribution of those employees to functional areas previously served by the former department have resulted in the creation of the Office of Financial Management within the Community Development and Environmental Services Division under the leadership of the division's Business Manager. The above initiatives have resulted in major improvements to operating processes and procedures in both the Impact Fee Administration and Cashiering areas; however, the small staff of the Office of Financial Management is not keeping current an ever- increasing workload. Currently, there are only two cashiers. This minimal level of staffing creates difficulty in terms of quality customer service when one employee is out to lunch, sick or on vacation. During such occasions, one of the Impact Fee Administration staff members serves as a backup cashier, making it difficult for her to keep up with her primary responsibilities. The Impact Fee Administration Section was formed with a level off staffing designed to address the day-to-day workload associated with calculating and assessing impact fees for over 4,000 building permits annually. Staff members are directly responsible for accurately calculating over $40 million in impact fees per year. However, due to requirements to address internal audits, requests for special research and analysis, increasingly complex land use classification and impact fee calculation issues, and many other types of special projects, the time available to keep up with the day-to-day workload has been significantly diminished. A great deal of research and independent review is often required for individual permits due to unusual circumstances. NOV 1 $ 00! Ne~ Administrative Assistant Position - OFM/CD&ES Page 2 Since the April 2000 Internal Audit Report regarding Road Impact Fees assessed for Golf Courses, the Impact Fee Administration Section has aggressively continued the effort to identify and correct past errors in the assessment and collection of impact fees. This effort and the variety of special projects and analyses summarized above have created a level of workload beyond which the existing staff can be reasonably expected to manage. The addition of an Administrative Assistant position would increase the Office's capacity to keep up with workload requirements, provide contingency staffing for the Cashiering Section, and, in addition, provide a critical staff resource for division-wide management and productivity reporting in support of the Division's Business Manager~ FISCAL IMPACT: The total estimated cost of the new position is $44,500, which is comprised of $42,100 in Personal Services costs, $1,000 in Operating costs, and $1,400 in Capital Outlay. The Operating costs include $300 for a new telephone and associated IT support, $200 for office supplies, $400 for a four-drawer file cabinet, and $100 for organizational development classes. Capital Outlay is for the purchase of an additional PC workstation. Funds are available in the Community Development Fund Reserve for Contingencies. Community Development Fund Reserves are funded in large part by unexpended revenue carried forward from the previous year. Approximately $95,000 of the preliminary $11.2 million Carry Forward line item reflected in the FY 02 Adopted Budget is due to reimbursements from the Collier County Public School District and the North Naples, East Naples, Big Corkscrew and Golden Gate Independent Fire Districts for collection of their FY 01 impact fees. Pursuant to inter-local agreements, these reimbursements reflect 1.5% of the Fire Impact Fees collected (except the Golden Gate FD--I.0%) and $0.625% of the School Impact Fees collected. These FY 01 reimbursements are reflected in the Community Development Fund's General Ledger. GROWTH MANAGEMENT IMPACT: Impact fees are a critical funding source for infrastructure capital improvements identified in the Capital Improvement Element of the Growth Management plan. RECOMMENDATION: That the Board of County Commissioners approve the addition of a new Administrative Assistant position to the Office of Financial Management, Community Development and Environmental Services Division; and that the Board also approve the related budget amendment in the amount of $44,500. New Administrative Assistant Position - OFM/CD&ES Page 3 Tindall Impact Fee Coordin/~or REVIEWEDBY: ]~~,") . '~.r"~ ~ Date: / ~///~ ]/O / Denton Baker Business Manager APPROVED BY: ~/[ ~r~&~ /~5ohn M: D~nnuck, III, Interim Administrator [J Community Development & Environmental Services Division NOV 1 S ZOO! 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, Florida State Statute No. 177, the Berkshire Lakes PUD, and the Berkshire Lakes Development of Regional Impact (DRI) #83-1, as amended. Ail fees have been paid. There are no subdivision related improvements associated with this plat. The subdivision consists of three commercial lots within the Berkshire Lakes PUD. The individual lots will be developed as site development plans (SDP's), and will again be reviewed for compliance with the Land Development Code and the Berkshire Lakes PUD. Access to the parcels consists of access from Devonshire Way, and internal access through the existing commercial development. Easements have been recorded to ensure the access in perpetuity. Additionally, a Vehicular Access Easement will be recorded prior to the plat, and noted by reference on the recorded plat. The County Attorney's office, and the Transportation Services Division have reviewed and approved a Draft of the Vehicular Access Easement. A copy of this Draft is attached. 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 NOV 1 3 2001 Executive Summary Berkshire Lakes Parcel 1, 2, 3 Page 2 3ROWTH 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 HISTORICAL / ARCHEOLOGICAL ISSUES: There are no historical / archeological issues EAC RECOMMENDATION: 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." 2. That the Vehicular Access Easement, in a form substantially compliant with the attached Draft, is approved and recorded prior to the recording of the plat. PREPARED BY: ~o~B_n R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: . Thomas E. Kuc , . . Da~e ~ Engineering Review Director / County Engineer APPROVED BY: .... JOHN~. DL~CK III, Interim Administrator Date ~~m CommUnity Dev. and Environmental Svcs. NOV ! 3 2001 IV ~0¥ ~.-3 2001 NOU 06 2001 09:38 FR QUARLES - BRADY LLP 941 434 4998 TO 96595?20 P.03×09 This ms~mmm~ prcpax~ by a~ to hc rctumcd m: Pm~ A~s~'s ~cel Qu~t~ i B~y LLP 45{}I T~~ T~I No~h Suite 3~ Napl~. FL 34103 EASEMENT This easement is given this ~ day of ,2001 by Berkshire Commons, Inc., a Florida corporation. RECITALS WI4F. REAS, Berkshire Commons, Inc., a Florida corporation ("Owner") is the owner of a portion of Tract F, Berkshire Lakes Unit 1 per plat in Plat Book 14, pages 118 through 120, Public Records of Collier County, Florida; and WHEREAS, Owner is about to re-plat 5.34 acres of the Tract F property into a plat titled Berkshire Commons Parcels 1,2 and 3 (Platted Area); and WHEREAS, the Platted Area has a northerly boundary that is adjacent to Devonshire Boulevard; and WHEREAS, the attached Exhibit A is a graphic depiction of the Platted Area, which includes a graphic depiction of a north-south easement area (Easement Area) that runs from a planned exit on Devonshire Boulevard to the southerly boundmy of the Platted Area; and WHEREAS, the Easement Area graphically depicted on Exhibit A is legally doscribed in Ex/'fibit B; and ~tm~ .~u -- ~ NOV 1 $ ZOO! NOU ~6 2001 09:59 FR QUARLES - BRADY LLP 941 434 4998 TO 96595?20 P.04/07 WHEREAS, the Owner wishes to grant a nonexclusive access easement over the Easement Area described in Exhibit B and ~raphically depicted in Exhibit A; and WHEREAS, the non-exclusive access ~asernent is to be in favor of all owners of property within Tract F, their tenants and customers; and WH'E~AS, the aforesaid Easement shall be subject to the terms and conditions contained in the instant easement instrument; NOW, THEREFORE, in consideration of the foregoing RecitaJs, and subject to the terms a_nd conditions set forth herein, the Owner does hereby ~rant to all owners of property within Tract F, Berkshire Lakes Unit 1 per Plat Book 14, pages 118 through 120, Public Records of Collier County, Florida, the following described easement over the Easement Area: 1. The easement shall be a non-exclusive vehicular access easement over and upon the property legally described in Exhibit B. 2. The easement shall be in favor of the owners of all property within Tract F, Berkshire Lakes umt 1, their customers and invite, es and their lessees, and their lessees' customers and invitees. 3. The Easement Area described in Exhibit B shall be the ser~Sent parcel. 4. The non-easement area portions of Tract F, Berkshire Lakes Unit 1 shall be the dominant parcel(s). 5. The Owner shall have the umlateral right to change the Easement Area so long as the Owner grants a substitute non-exclusive vehicular access easement having a minimum widlh of 30 feet, which connects the Devonshire exit, at the point presently shown in Exhibit A, to the southerly boundary of the Platted Area, and so long as each of the aforesaid parcels 1, 2 and 3 q / NOV 1 Il lO0'l NOU 06 2001 09:39 FR QUARLES - BRADY LLP 9dl 4~4 4998 TO 96595?20 P.05×07 6. In the event, the Owner chooses to exercise its unilateral right to change the Easement Area, the easement over the property described in Exhibit B shall not terminate until the owner has recorded a substitute vehicular access easement which complies with the terms set forth in paragraph 5. Upon recordation of such substitute easement in the Public Records of Collier County, the easement described herein ~hall terminate. IN WITNESS WHEREOF, Berkshire Commons, Inc. has caused these presents to be executed in its name by an officer thereunto duly authorized as of the day and year first above written. Witnesses BERKSHIRE COMMONS, INC., a Florida corporation By: P'nnt Name William T. Higgs, President Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on the day of November, 2001, by William T. Higgs, as President of BERKSItIRE COI~IMONS, INC., a Florida corporation, who is personally known to me. (Seal) NOTARY PUBLIC Print Name: My Connnission Expires: NOV 1 3 2001 NOU 06 2001 09:39 FR QUARLES - BRADY LLP 941 434 4998 TO 96595720 P.07/07 LEGAL DESCtCIYI'ION INGRESS-EGRESS AND UTILITY EASElVIENT BEIi~G PKRT OF TRACT B£RKSI-IIRE LAKES UNYI' #1 AS RECORDED IN PLAT BOOK 14, PAGES 118 TI-IROUGH 120 OF TRE PUBLIC RECORDS OF COLLIER COUNTY, FLOR.IDA. Commencing at th= no,beast comer of Tract "F", Berlc~hirc Lakes umt #1 as recorded ia Plat Book 14, P~ges 118 through 120 of the Public Records of Collier Cotmty, Florida, and also being a point lying on the west Right-of-Way line of S.~-t, Barbara Boulevard (200' Right-of-Way); Thence leaving thc said west Right-of-Way line and along the north line of said Tract "F", and also being the south Right-of-Way line of Devonshire Boulevard ( 100' Right-of-Way) 39.27 feet along the axe of a mn~ntial circular curve concave to the southwest having a radius of 25.00 feet through a cen~al angle 90°00'00" and being subtended by a chord which beats North 45°07'01'' West 36.36 feet; Thence continuing along the said north line, South g9°52'59'' West 219.48 feet, to the Point of Beginning of the lngxeaa- Egress and Utility easement herem described; Thence leaving the said north linc, 11.75 feet along the arc of a non-tangemial circular curve con'cave to the east having a radius of 27.00 feet through a central angle 24°55'5T' and being subtended by a chord which bears South 12°20'58" West 11.66 feet; ~ Thencc South 00°07'01" East 50.64 feet; Thence South 23o49'48" West 45.74 feet; Thence South l l°07'25" West 38.13 feet; Thence South 00°07'01" East 196.23 feet; Thence 34.43 feet along the arc ora tangential circular curve concave to the northea,~t having a radius of 22.00 feet through a cennal angle 89°40'10" and bcmg subtended by a chord ~hich bears South 44°57'06, East 31.02 fee~; Thence South 00°07'01" East 5.55 feet;, Thence South 89°52'59" West 28.87 feet: Thence North 00°07'01'' West 1.88 feet; Thence South 89°52'59'' West 45.03 feet; Thence North 00°07'01" Weal 3 97 feet; Thmaee 34_59 feet along the arc of a non-tangential cizcular curve concave to the northwest having a radius of 22.00 feet through a central angle of 90°05'06" ~"'~ being subtex~led by a chord which bears North 44°55'32" East 31.14 feet: Thence North 00~07'01" West 324.91 feet; Thence 12.70 feet along the arc of a tangenUat circular curve concave to the west having radius 2700 feet thxough a central angle 26°57'31" and being subtended by a chmd which bears North 13°35'46" West 12_59 feet, to a Point lying on the said north line; Thence continue along said north line, North 89°52'59" East 61.45 feet, to the Point of BcgUming of the Ingxcss-Egxess and Utility ,Easement herein described Subject to easements and reaWictioas of records. Containing 13794.7 square f~t plus or minus_ Contaimng 0.32 acres more o~ less. Beanngs are based on the North lin= of T~act "lv', Berleflxire Lakes Uttit #1 as recorded in Plat Bfiok 14, Pages 118 through 120 ofth~ Pt0~c Records of Colli=t County, Florida, as being South 89°52'59'' West. F $~" l-I~P~ssion~l ~urveyo. and Mapper L~# 6278 - N~/~ /~'' q M:~2000 Projects\00-0272 Beflcshire Cool'lions P[12.~ l'I - Walgrecns\SURVEY\Legal Descripions\ :EGAL /.-/ DESCRIPTION-Ingreas- Egre~s.doc ,, !~1. '/~ - - SKETCH TO' ACCOMPANY DESCRIPTION THIS IS NOT A SURVEY 0E¥ONSHIRE: 8OULYARD UNE L~N~H 8~INC L I ~.64 S~07'01 'E ~ 45.74 L4 5.55 ~07'01 "E L6 ~ .88 NO~07'O 1 ~ " L9 61.45 NBg'52'Sg"E CU~ LEN~H ~IUS DELTA C8 CD C1 ~.27 25.00 ~00'o~" N&5'07'01 C2 11.75 ,, 27.0~ 24'55'57' 51 ~20'58~ P O C. ~ POINT OF COMMENCEMENT C4 3~.59 22.00 9~05,~0 P.O.~. -- ~INT OF ~EGINNING C5 12.70 27.00 2~57'31' N1~35'46~ ~2.59 O.R. ~ OFFIC~ RECOROS BOOK N.E. -- NON--[XCLU$~ ff JOH~ J. ~TON) P~OFE~SIO~L SURVEYOR ~O MAPPER, LS~6278 NOV 1 3 2001 ~ NOT~ID W~ ~E S~RE ~D THE ORI~ ~SED S~ OF A ~O~ I~~'-- ~o-[ BERKSHIRE COUUON'S, ....... INC. s 1 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH LEE COUNTY ELECTRIC COOPERATIVE, INC. TO UNDERTAKE INSTALLING APPROXIMATELY 40 STREETLIGHTS AND POLES IN LOCATIONS DESIGNATED BY THE COLLIER COUNTY SHERIFF'S OFFICE AND AREA TASK FORCE IN IMMOKALEE USING $ 48,000 OF THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING. THE BOARD OF COUNTY COMMISSIONERS APPROVED THIS PROJECT AS A PART OF THE COUNTY'S CONSOLIDATED PLAN FY 01-02 ONE-YEAR ACTION PLAN ON MAY 8, 2001. OBJECTIVE: To have the Board of County Commissioners approve an Agreement between Collier County and Lee County Electric Cooperative, Inc., to undertake installing approximately 40 streetlights and poles in locations designated by the Collier County Sheriff's Office and Area Taskforce in Immokalee using $ 48,000 of the County's CDBG funding. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners approved the County's Consolidated Plan FY 01-02 One-Year Action Plan which included Immokalee streetlights project to use County's CDBG funding to undertake installing streetlights and poles in Immokalee. FISCAL IMPACT: The total amount anticipated to be funded is $48,000 of CDBG funds. GROWTH MANAGEMENT IMPACT: This project is consistent with the policies and objectives of the Growth Management Plan, Housing Element and Immokalee Master Plan. RECOMMENDATION: The Board of County Commissioners approve the Agreement between Collier County and Lee County Electric Cooperative, Inc. SUBMITTED BY: ~ Date: Lee H. Combs, Manager Housing and Urban Improvement REVIEWED BY: Date: Greg Mihalic, Director  lousing and Urban Improvement APPROVED BY: ~ ll~,,., /~ Date:ltl'J0, · itE~ rl~¥ " . hn l~.'~'ur~ucX'k, III, Interim Director /(cA I Commu ity Development 84 Environmental Services NOV 1 ,I ZOO1 AGREEMENT BETWEEN COLLIER COUNTY AND Lee County Electric Cooperative, Inc. Catalog of Federal Domestic Assistance # 14.218 HUD grant # B-01-UC-12-0016 THIS AGREEMENT, is entered into this day of __, 20 , by and between Collier County, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant (CDBG) Program and Lee County Electric Cooperative, Inc. of Florida duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 4980 Bayline Drive, North Fort Myers, FL 33917, and its Federal Tax Identification Number as 59-0329555, collectively "the parties." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing'and Urban Development for a grant for the execution and implementation of a Community Development Block Grant in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Collier County and Lee County Cooperative, Inc. to implement such undertaking of the Community Development Block Grant Program as a worthwhile County purpose; and WHEREAS, Collier County desires to engage Lee County Electric Cooperatives, Inc. desires to provide the activities specified in Part II of this Agreement, in accordance with the approved Annual Consolidated Plan; and PART I DEFINTION AND PURPOSE NOV 13 2001 1. Definitions: ~ I~._ (1) "County" means Collier County. L (2) "CDBG" means Community Development Block Grant Program of Collier County. Sub-R LCEC (102501-1025) BCC Page 2 of 13 (3) "HUI" means Collier County Housing and Urban Improvement Department. (4) "Agency" means Lee County Electric Cooperative, Inc. (5) "HUI approval" means the written approval of the HUI Director or his designee. (6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on HUD's behalf. (7) "Low- and Moderate-Income Persons" means the definition set by U.S. HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A." 2. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. At least fifty-one percent (51%) of the beneficiaries of a project funded under this Agreement must be Iow- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by HUI, perform the tasks outlined in Exhibit "A" and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT 1. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HUI Director or designee- approved expenditures and encumbrances made by the Agency under this Agreement. Said services shall be performed in a manner satisfactory to HUI. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $48,000 for the period of July 1, 2001 through June 30, 2002. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in sections 4(7)(e) and 4(8). 2. Time Of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by U.S. HUD under grant number B-01-UC-12-0016. The effective date shall be the date of execution of this Agreement, and the services of the Agency shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required be completed by the Agency by June 30, 2002. NOV 13 2001 Sub-R LCEC (102501-1025) BCC Page 3 of 13 3. Method Of Payment The County agrees to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and County guidelines. In no event shall the County provide advance funding to the Agency. Requests by the Agency for Payments or reimbursements shall be accompanied by proper documentation of expenditures. The Agency shall not request reimbursement for payments made by the Agency after expiration date of this Agreement. Payment shall be made by the Collier County Finance Department upon proper presentation of invoices and reports approved by the Agency and HUI. For purpose of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When odginal documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. 4. Conditions On Which Payment Is Contingent (1) Implementation of Project Accordinq to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances, and codes and with the applicable procedures outlined in HUI Policies and Procedures Memoranda, and amendments and additions thereto as may from time to time be made. The Federal, State, and County laws, ordinances, and codes are minimal regulations which may be supplemented by more restrictive guidelines set forth by HUI. No payments will be made until approved by the HUI Director or designee. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify HUI in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HUI Director or designee within forty-five (45) days of said official notification. (2) Financial Accountability The County may have a financial system analysis and/or an audit of the Agency or of any of its subcontractors by an independent auditing firm employed by the County, or by the County Internal Audit Department, at any time the County deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and County requirements. (3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with County, State, and Federal guidelines and regulations must be submitted by the Agency to HUI and reviewed and approved by HUI prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and County laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the HUI Director or designee. (4) Purchasing All purchasing for services and goods, including capital equipment, shall be A~iTEi~ ,~lade by purchase order or by a written contract and in conformity with the ~ /~"¢)' iS )rocedures prescribed by the Collier County Purchasing Ordinance, OMB NOV 13 2001 Sub-R LCEC (102501-1025) BCC Page 4-of 13 Circulars A-110 (Uniform Administrative Requirement for Federal Grants) and A-122 (Cost Principals for Non-Profit Organizations), and 24 CFR 84, which are incorporated herein by reference. (5) Reports, Audits, and Evaluations Payment will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. (6) Additional HUI, County and U. S. HUD Requirements HUI shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by HUI, the County, or U.S. HUD at any time. (7) Prior Written Approvals - Summary The following, among others, require the prior written approval of the HUI Director or designee to be eligible for reimbursement or payment: (a) All subcontracts and agreements pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out-of-town travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061 ); (d) All change orders; (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A; and (f) All rates of pay and pay increases paid from funds provided hereunder, whether for merit or cost of living. (8) Pro.qram-Generated Income All income earned by the Agency from activities financed in whole or in part by funds provided hereunder must be reported to HUI. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The Agency shall report its plan to utilize such income to HUI, and said plan shall require the prior written approval of the HUI Director or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Agency. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received after the expiration of this Agreement shall be returned to the County no less than thirty (30) days after such expiration, subject to ant Agency requests to utilize uncommitted funds. PART IV I~~ NOV 1 3 2001 GENERAL CONDITIONS 1. Opportunities For Residents And Civil Rights Compliance The Agency agrees that no person shall on the grounds of race, color, disability, Sub-R LCEC (102501-1025) BCC Page 5 Of 13 national orig~n, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. At a minimum, the Agency shall comply with Section 3 of the Housing and Community Development Act of 1968 (as amended). 2. Opportunities For Small and Minority/Women-Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women- owned business enterprises as sources of supplies and services, and provide these .~. enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small and '~'.~" minority/women-owned business enterprises shall be located in or owned by residents of the areas designated by Collier County in the Annual Consolidated Plan approved by U.S. HUD. ;.. ' 3. Project Beneficiaries :.~.. At least fifty-one percent (51%) of the beneficiaries of a project funded through this " -',:" Agreement must be Iow- and moderate-income persons. If the project is located in an ": ~ entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more ~.~" ,than thirty percent (30%) of the beneficiaries directly assisted through the use of funds · ~ "~- under this Agreement must reside in unincorporated Collier County or in municipalities ';' .' '~- participating in the County's Urban County Qualification Program. The project funded · ~',~.. . under this agreement shall assist beneficiaries as defined above for the time period · ~ designated in Exhibit A of this Agreement. The Agency shall provide written verification ~.' '-~ of compliance to HUI upon HUI's request. 4. Evaluation And Monitorinq ' ' :' ~.- The Agency agrees that HUI will carry out periodic monitoring and evaluation activities as determined necessary by HUI or the County and that the continuation of this · '., -. Agreement is dependent upon satisfactory evaluation conclusions based on the terms ,.. of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to HUI, the County, or the County's designees copies of transcriptions of such records and information as is determined necessary by HUI or ~' the County. The Agency shall submit information and status reports required by HUI, the County, or U.S. HUD at HUI's request on forms approved by HUI to enable HUI to evaluate said progress and to allow for completion of reports required of HUI by HUD. The Agency shall allow HUI or HUD to monitor the Agency on site. Such visits may be scheduled or unscheduled as determined by HUI or HUD. 5. Audits and Inspections ~¢,M)AITEM. any time during normal business hours and as often as HUI, the County, U.S. HUD), No. /¢~ ,, ~:::::) the Comptroller General of the United States may deem necessary, there shall be ' NOV 1 3 2001 Sub-R LCEC (102501-1025) BCC Page 6 of 13 made available by the Agency to HUI, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The County will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principals for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the County's approval. In the event the Agency anticipates a delay in producing such audit, the Agency shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Agency. In the event the agency is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133 (Audits of State, Local Governments, and Non-Profit Organizations). The County will be responsible for providing technical assistance to the Agency, as deemed necessary by the County. 6. Data Becomes County Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Agency for the purpose of this Agreement shall become the property of the County without restriction, reservation, or limitation of their use and shall be made available by the Agency at any time upon request by the County or HUI. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to HUI if requested. In any event, the Agency shall keep all documents and records for five (5) years after expiration of this Agreement. 7. Indemnification The Agency shall protect, defend, reimburse, indemnify and hold the County, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during performance of the terms of this Agreement or due to the acts or omissions of the Agency. Agency's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The Agency will hold the County harmless and will indemnify the County for funds which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of Agency. 8. Insurance Unless otherwise specified in this Agreement, the Agency shall, at its sole expense, maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements c_, ,ntained herein as to types and limits, as well as the County's review or acceptance of ,k~b, ll:~ rITM..~ ir ~urance maintained by the Agency, are not intended to and shall not in any manner I~ /~,,'¢ I-'~ lit ~it or qualify the liabilities and obligations assumed by the Agency under this 1 3 2001 Sub-R LCEC (102501-1025) BCC Page 5 of 13 national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt Of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. At a minimum, the Agency shall comply with Section 3 of the Housing and Community Development Act of 1968 (as amended). 2. Opportunities For Small and Minority/Women-Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women- owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the areas designated by Collier County in the Annual Consolidated Plan approved by U.S. HUD. 3. Project Beneficiaries At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be Iow- and moderate-income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The Agency shall provide written verification of compliance to HUI upon HUI's request. 4. Evaluation And Monitorinq The Agency agrees that HUI will carry out periodic monitoring and evaluation activities as determined necessary by HUI or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to HUI, the County, or the County's designees copies of transcriptions of such records and information as is determined necessary by HUI or the County. The Agency shall submit information and status reports required by HUI, the County, or U.S. HUD at HUI's request on forms approved by HUI to enable HUI to evaluate said progress and to allow for completion of reports required of HUI by HUD. The Agency shall allow HUI or HUD to monitor the Agency on site. Such visits may be scheduled or unscheduled as determined by HUI or HUD. 5. Audits and Inspections ~ITEM f ,~t any time during normal business hours and as often as HUI, the County, U.S. HUD), ~ ?~"~ I~::bl the Comptroller General of the United States may deem necessary, there shall be NOV 1 3 2001 Sub-R LCEC (102501-1025) BCC Page 6 of 13 made available by the Agency to HUI, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The County will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principals for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the County's approval. In the event the Agency anticipates a delay in producing such audit, the-Agency shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Agency. In the event the agency is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133 (Audits of State, Local Governments, and Non-Profit Organizations). The County will be responsible for providing technical assistance to the Agency, as deemed necessary by the County. 6. Data Becomes County Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Agency for the purpose of this Agreement shall become the property of the County without restriction, reservation, or limitation of their use and shall be made available by the Agency at any time upon request by the County or HUI. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to HUI if requested. In any event, the Agency shall keep all documents and records for five (5) years after expiration of this Agreement. 7. Indemnification The Agency shall protect, defend, reimburse, indemnify and hold the County, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during performance of the terms of this Agreement or due to the acts or omissions of the Agency. Agency's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The Agency will hold the County harmless and will indemnify the County for funds which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of Agency. 8. Insurance Unless otherwise specified in this Agreement, the Agency shall, at its sole expense, maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements ~, ,ntained herein as to types and limits, as well as the County's review or acceptance of ,~..,¢.ND~ II'r~..~. ir ~urance maintained by the Agency, are not intended to and shall not in any manner I~ /f-~ I-'-'-'-'~ lit lit or qualify the liabilities and obligations assumed by the Agency under this NOV 13 2001 Sub-P, LCEC (102501-1025) BCC Page 7 ~of 13 Agreement. (1) Commercial General Liability The Agency shall agree to maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The Agency agrees this coverage shall be provided on a primary basis. (2) Business Automobile Liability The Agency shall agree to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event the Agency does not own any automobiles, the Business Auto Liability requirement shall be amended .allowing the Agency to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. The Agency shall agree this coverage shall be provided on a primary basis. (3) Additional Insured The Agency shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida. its Officers, Employees and Agents, c/o Department of Housinq and Urban Improvement." The Agency shall agree the Additional Insured endorsements provide coverage on a primary basis. (4) Certificate of Insurance The Agency shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of the Contract by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). (5) Right to Review and Adjust The Agency shall agree the County, by and through its Purchasing Department, in cooperation with the Department of Housing and Community Development, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. 9. Maintenance Of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existin ?riqr Agreement. ~ ITEM _ NOV 13 2001 Sub-R LCEC (102501-1025) BCC Page 8 of 13 10. Conflict Of Interest The Agency covenants that no person who presently exercises any functions or responsibilities in connection with the project has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to HUI provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 11. Citizen Participation The Agency shall cooperate with HUI in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency or its subcontractors will undertake in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by HUI. 12. Recognition All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The agency will include a reference to the financial support herein provided by HUI in all publications and publicity. In addition, the Agency will make a good faith effort to recognize HUI's support for all activities made possible with funds available under this Agreement. 13. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement including its Exhibits (2) Office of Management and Budget Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principal for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and 24CFR Part 84 (3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1975, and Title II of the Americans With Disabilities Act of 1990 (4) Executive Orders 11246 (Equal Employment opportunity), 11478 Equal Employment Opportunity in Federal Government), 11625 (Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise), 12432 (Minority business enterprise development), the Davis Bacon Act, and Section 3 of the Housing and Community Development Act of 1968, Section 504 of the Rehabilitation Act of 1973, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as ,~.4~DA ITEM ~qlme nded I'~.~t---)l~!xecutive Orders 11063 (Equal opportunity in housing), 12259 (Leadership and I NOV ; 001 ! ! Sub-R LCEC (102501-1025) BCC Page 9 of 13 Coordination of Fair Housing and Federal Programs), 12892 (Leadership and Coordination of Fair Housing in federal Programs, the Fair Housing Act of 1988, ~--. and Section 109 of the Housing and Community Development Act of 1974, as amended (6) The Drug-Free Workplace Act of 1988, as amended (7) Florida Statutes, Chapter 112 (8) Collier County Purchasing Ordinance (9) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended (10) The Agency's Personnel Policies and Job Descriptions (11 ) The Agency's Articles of Incorporation and Bylaws (12) -he Agency's Certificate of Insurance (13) Current list of the Agency's Officers and members of Board of Directors All of these documents will be maintained on file at HUI. The Agency shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office. 14. Termination In the event of termination for any of the following, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Agency with funds under this Agreement shall be returned to HUI or the County. In the event of termination, the Agency shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the Agency, and the County may withhold any payment to the Agency until such time as the exact amount of damages due to the County from the Agency is determined. A. Termination for Cause If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice to the other .party of such termination and specify the effective date of termination. B. Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. C. Termination Due To Cessation In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. ~ rrEM NOV 1 3 2001 Sub-R LCEC (102501-1025) BCC Page 1(9 of 13 15. Severability Of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 16. Amendments The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Collier County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and signed by both parties. 17. Notice All notice required to be given under this Agreement shall be sufficient when delivered to HUI at its office, presently located at 3050 N. Horseshoe Drive, #275, Naples, FL 34104, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. 18. Independent Agent and Employees The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County Provisions of the law applicable to County employees relative to employment compensation and employee benefits. 19. No Forfeiture The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 20. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Agency certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 21. Counterparts Of This Aqreement This Agreement, consisting of thirteen (13) enumerated pages including the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the sam~ instrument. ,~ENDA ITEM NOV 1 3 2001 Sub-R LCEC (102501-1025) BCC Page 1 ~1 of 13 22. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of 20 LEE COUNTY ELECTRIC COOPERATIVE, INC. BY: Pamela May, CEO (AGENCY SEAL) BY: Attorney for Agency (Signature Optional) ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Deputy Clerk By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and Approved as to form and =a,g al sufficiency: Patrick G. White Assistant County Attorney Sub-R LCEC (102501-1025) BCC Page 12 of 13 EXHIBIT A WORK PROGRAM NARRATIVE Lee County Electric Cooperative, Inc. I. The Agency agrees to: A. Install approximately forty (40) additional streetlights and poles in locations designated by the Collier County Sheriff's Office and an Area Task Force in Immokalee. B. Lee County Electric Cooperative is to maintain and service newly installed approximately forty (40) streetlights for the next five (5) years. C. Submit invoices in a timely manner at least every two weeks. D. Coordinate services for persons in need with other nonprofit service providers in Collier County by making and accepting referrals. E. Make a good faith effort to recognize Collier County Housing and Urban Improvement Department through the U.S. Department of Housing and Urban Development (HUD) as a funding supporter in all publications and publicity as appropriate. F. Provide a drug and alcohol free environment by developing policies for and carrying out a drug free program in compliance with the Drug Free Workplace Act of 1988. The Agency shall submit its drug free policies to Collier County for approval and maintain policies on file for inspection. II. The County agrees to: A. Provide up to $48,000.00 in funding toward the installation approximately forty (40) streetlights and poles to benefit Immokalee residents. B. Provide technical assistance to ensure compliance with HUD, U.S. HUD, and applicable State, Federal and County regulations and this Agreement. C. Provide overall administration and coordination activities to ensure-that planned activities are completed in a timely manner. D. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by HUI, be conducted by HUI staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner, and verify the accuracy of reporting to HUI on program activities. NOV 1 3 2001 Sub-R LCEC (102501-1025) BCC Page 1-3 of 13 EXHIBIT "B" LETTERHEAD STATIONERY TO: Greg Mihalic, Director Housing and Urban Improvement 3050 N. Horseshoe Drive, Suite #275 Naples, FL 34104 FROM: Name of Subgrantee: Address: Phone: RE: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ The expenditures for this invoice covers the period through ._ You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Payment by HUI: DATE: Printed name of HUI Representative: ~_ x,,e-I'~ NOV 1 3 2001 ,,. 1'-/ _ ...... EXECUTIVE SUMMARY AWARD A PROFESSIONAL ENGINEERING SERVICES CONTRACT NO. 01-3216 TO WOODS HOLE GROUP FOR THE DESIGN AND PERMITTING OF HALDEMAN CREEK BASIN RESTORATION-COLLIER COUNTY PROJECT NO. 31011 OBJECTIVE: To receive the Board of County Commissioners' approval for award of a professional engineering services contract to Woods Hole Group, St. Petersburg, Florida, for the design and permitting of Haldeman Creek Basin Restoration (Dredging Project). CONSIDERATIONS: On June 12, 2001, the Board approved Agenda Item No. 16. B (2) authorizing staff to begin contract negotiations with the top ranked firm of Woods Hole Group for professional engineering services (design and permitting) of the Haldeman Creek Basin Restoration. Staff has successfully completed contract negotiations; the final negotiated price for all design and permitting Tasks is $387,954.75. Although this Executive Summary presents to the Board the negotiated cost of the entire design and permitting effort, only the initial Tasks I, II and III (except III.4) are to be funded at this time. Based upon the favorable outcome of the completion of these three initial tasks, which will determine the likelihood of future successful environmental permitting, the subsequent tasks in the Contract will then be considered for funding and implementation. ,~c'~._ISCAL I_MPACT'.. The estimated cost of the total contract is $387,954.75. Currently $75,000 ~s ~'~ within the Stormwater Management CIP Fund (325) for Tasks I, II and all of Iii (except item III.4). Work on these three initial tasks will be started immediately. Because of the amount of funding currently available, we will only issue a work directive for $150,000 for Tasks I, II and III (except item III.4). The Contract provides language to implement other Tasks as funds become available. A budget amendment is needed to transfer $75,000 from the Stormwater Management CIP Reserve Fund and appropriate it in this project. Source of funds is ad valorem taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Award a professional services agreement to Woods Hole Group in the amount of $150,000 for Tasks I, II and all of III (except item III.4), (2) Approve the negotiated standard contract with the selected firm pursuant to RFP 01- 3216, and authorize Chairman to execute the standard contract subject to approval by the County Attorney, and (3) Approve the necessary Budget Amendment to transfer the $75,000 FY 01 funds from FY 02 reserves. · NOV 1 3 2001 Po. t Executive Summary Haldeman Creek Dredging - Woods Hole Design Agreement Page 2 of 2 BY:"~-~' ~q' ~,~"~' Date: /o Z-~--OI SUBMITTED Peter S. Hayden, E.I., Project Manager Stormwater Management Department Robert C. Wiley,fir. E, Project Manager, Principal Stormwater Management Department BY: hn~~~C'~fi.Bold Date: / o- ~- c/-0 { REVIEWED Jo t, P.E., P.S.M., Director Stormwater Management Department REViEWED BY:.~,,a c/'/[ '1 D~irec~t~r Date: S-tephe-n Y. Cd'l/ne 1, ' Purch~s~g/General Services Department APPROVED BY: Date: Norman Feder, AICP, Administrator Transportation Division NOV 1 3 2001 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE PELICAN BAY SECURITY FUND TO REPLACE PATROL CARS OBJECTIVE: To obtain funding for the replacement of two vehicles damaged beyond repair. These patrol vehicles were dedicated solely to Pelican Bay supplemental security patrols. CONSIDERATIONS: Two Sheriff patrol cars dedicated to Pelican Bay security patrols were each involved in separate accidents and were damaged beyond repair. The two vehicles were replaced at a total cost of $39,500. Insurance proceeds of $14,667.40 were received as final settlement on these two patrol cars. As these vehicles are used solely for supplemental security patrols in Pelican Bay, the cost of the replacement vehicles is rightfully borne by the Pelican Bay Security Fund (110). ~FISCAL IMPACT: The $39,500 replacement cost is available in Pelican Bay Security Fund (110) reserves. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a $39,500 budget amendment bom Pelican Bay Security Fund (110) reserves for the replacement of two vehicles assil~ned to Pelican Ba3j supplemental security patrols.. 'L/James P._Ward ./I, ec , /~ ~/,/ ~)'"e'~~ Direct o r ,.2,,. /-7'.//, A_ . /' APPROVED BY: ///f4//c/~/~/,~(~ DATE: Edward ~ ~.~/~rector ' / Transpo¢~ation Op(~,tIons APPROVED BY: DATE: Nonrran Fed&, AICP, Administrator TranSportation Division d' AGENOA ITEN ,..-, NOV 2 7 2001 EXECUTIVE SUMMARY REQUEST APPROVAL TO ASSIST THE CITY OF EVERGLADES CITY WITH THE USE OF A JET-VAC AND A GUARD RAIL REPAIR OBJECt: To present the request of the City of Everglades City to the Board and to receive direction regarding the implementation of that request. CONSIDERATIONS: The City of Everglades City has requested the assistance of Collier County to clean out several catch basins in old State Road 29 and to repair a guardrail within the City limit (Attachment No. 1). The City of Everglades City does not own a Jet-Vac track. This specialized piece of equipment can perform the cleanout much more efficiently and safely than is possible w/th manual labor. The guardrail repair is handled by one of our special Road and Bridge crews and is not a task that the City of Everglades City would normally undertake. If so directed by the Board, the Road and Bridge Section can include this assistance in their normal work schedule this fiscal year. It is anticipated that this is a one-time only request and that any approval will not obligate Collier County for furore assistance of a like nature. FISCAL IMPACT: The cost of personnel and equipment for both tasks is estimated at about  '~" in the Maintenance Operations fund (101 ). $2,500. Funds currently budgeted Transportation GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a one-time only request for assistance to the City of Everglades City for cleaning catch basins and performing, a guardrail repair. Edward J~/Kant, C~ ~ansportation Operations Director ? / Norr~8~ ~. Feds, AICP, Transportation Administrator Attachments: No. f- Letter from the City of Everglades City NOV 1 3 2001 Pg- City of Everglades Oty P.o. Box 110 Everglades City, Collier County, Florida 34139 City Hall 207 Broadway Phone (941) 695-3781 Fax (941) 695-3020 October 29, 2001 ~?- ---'~-~' Attn: Edward J. Kant ~ Collier County Government Transportation Operations Director 2705 South Horseshoe Drive Naples, Florida 34104 Dear Sir, I am writing to you in re£erence to two items that need to be addressed concerning State Road 29 in Everglades City. gl. It seems there are several intersections along Hwy 29, that back up with storm water I consulted with the supervisor of Collier County Road & Bridge in Immokalee, Florida and initiated a site inspection. It is toour COnclusion that the pipes are full of dirt sediment that exits under State Road 29 and then discharges int° the river. One solution would be to use a jet vacuum to retrieve the sediment from the pipe. #2. It seems there is a section ofguardrail located just south oftl~e circle on State Road 29 that was damaged by what appears to have been a vehicIe accident. The section of gu~~ rail is approximately fifty feet: I am enclosing a map of the city to show where the above two items are located. If you have any questions please feel flee to Ca,:mY offie~atthe, above number. If thexe is you can do to help: the. :city ~:~else ~~s ~would be most appreciated. ~[ VOB tn aovarlce ' ' .':: ' ~.: i[ Smallwood Purchasing Agent AO~NI~ ITI~M ~ City of Everglades AIIACHMEI II NO. / NOV 1 3 2001 Mayor City Clerk City Attorneys Sammy Hamilton, Jr. Martha Daniels Chris Lombaxdo / Tony Pries EXECUTIVE SUMMARY AWARD OF BID 01-3278 "Roadway Paint, Thermoplastic Markings, & Raised Pavement Markers" OBJECTIVE: To award a contract in order to provide complete installation of roadway paint, pavement markings, and raised pavement markers on County roadways. CONSIBERATIONS: In consideration of anticipated roadway paint, pavement markings, and raised pavement marker needs for Fiscal Year 01-02, a solicitation for bids was issued by the Purchasing Department for the annual contractual work. A Request for Bids for this project was advertised by the Purchasing Department on September 6, 2001. Notice of the Bid invitation was sent to seventeen (17) firms. A total of eight (8) firms requested the full Bid Package, and two (2) firms submitted bids by the deadline of September 26, 2001. The contract includes numerous bid items and each of the responding firms were lower on some items and higher on others. However, a comparison of the Unit Bid Prices submitted by the two responding firms, using total quantities for two types of .typical Work Orders, shows the bid of Tmtwin Industries, Inc. to be the lowest overall bid. FISCAL IMPACT: Funds are available in the Transportation SeN'ices Fund (101) for roadway paint, pavement ,(~NY"markings, and raised pavement markers. GROWTH MANAGEMENT llVIPACT: 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. RECOMlVIEN1}ATION: That the Board of County Commissioners award BID 01-3278 "Roadway Paint, Thermoplastic Markings, & Raised Pavement Markers" to Trutwin Industries, Inc. and that the Chairman be authorized to sign the standard County Attorney approved agreements on behalf of the Board. Robert W. Tipton, PE Traf~c Operations Manager steve C/tmel|, cPI~I a~g/Oeneral_Service~ire. ct~~ . rtaFed r, AICP t. ion Services Administrator AGEND~ NOV 13 2001 Pg- EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 6 FOR THE CONSTRUCTION CONTRACT NO. 00-3054 PINE RIDGE ROADICR 896 WIDENING (TO SIX LANES), FROM AIRPORT-PULLING ROAD/CR 31 TO LOGAN BOULEVARD, PROdECT NO. 60111; CIE NO. 41 OBJECTIVE: To receive Board approval for Change Order Number 6 for additional contract services associated with the widening of Pine Ridge Road from Airport-Pulling Road/CR 31 to Logan Boulevard. CONSIDERATION: On May 2, 2000, the Board of County Commissioners awarded a construction contract to Better Roads, Inc. for the widening to six lanes of Pine Ridge Road from Airport-Pulling Road/CR 31 to Logan Boulevard. Contract modifications under this change order include the installation of a 6- inch diameter PVC (schedule 40) pipe sleeves, at various locations throughout the project, to accommodate the installation of an irrigation system for the future landscaping of the median areas; revisions to the highway lighting system; and the installation of pull (junction) boxes to provide for the installation of a fiberoptic cable for the future computerization of the County-wide traffic signal systems. This work also required a modification to the conduit installation, at the pull boxes, for the future fiberoptic cable installations. In addition, this change order addresses adjustments to a number of existing pay items due to overruns (increases) and under runs (decreases) of final quantities, as well as, the adjustments to contract time for added work; weather related delays; additional time associated with the completion of the installation of the 16-inch sanitary force main; a delay in the processing of the shop drawings for the traffic signal mast arm assemblies; compensation for contract time lost when crews from this project were temporarily assigned to complete the Livingston Road project; and time suspensions for holidays. Note: With the recent purchasing policy change, approved by the Board of County Commissioners in February of this year, staff has the authority to approve change orders that do not exceed ten percent (10%) of the current Board of County Commission approved contract amount. This particular change order is being presented to the Board due in part to the dollar amount, although it does not exceed the ten percent limit, and with consideration to the fact that this project was under construction at the time of the modification to the. purchasing policy. Specific descriptions of the work associated with this change order are further detailed in the supporting documentation in the change order package. No. I C, -- NOV ! 3 200! Contract adjustments are as follows (including this change order): Original Contract Amount: $ 9,974,824.59 Sum of Previous Change Orders (Change Order NO. 1 through NO. 5): $1,261,814.23 Change Order No. 6 Amount: $ 256,176.87 Revised Agreement Amount: $11,492,815.69 Original Contract Time in Calendar Days: 390 Adjusted Contract Time (From Previous Change Orders NO. 1 through NO. 5): 116 This Change Order Contract Time Adjustment: 112 Revised Contract Time in Calendar Days: 618 Original Notice To Proceed: August 7, 2000 Completion Date Based On Original Contract Time: September 3, 2001 Revised Completion Date: April 17, 2002 Revised Incentive Bonus Date: December 10, 2001 FISCAL IMPACT: Funds in the amount of $256,176.87 are available in the Transportation District 2 Impact Fee Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 41 is consistent with the Transportation Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commission ,r_~ A i Change Order Number 6 in the amount of $256,176.87. No.~ NOV 1 3 2001 Ewing McM~h~ ael Project Manager REVIEWED BY: k,._ _ [~ : .~,... DATE: Dale Bathon, P.E. Project Manager Principal Stephen L. Miller, P.E. Director,.'Transportation Engineering & Consti:~ction Management Department Not,man Feder, Administrator Transportation Services Division Attachments: Change Order Number 6 No. IIn~ ~') NOV 1 3 2001 I Pg. '~ CHANGE ORDER# 6 TO: Mr. Joseph Restino FROM: Collier County Transportation Engineering Better Roads, Inc. & Construction Management 5590 Shirley Street 3301 East Tamiami Trail, Bldg. D Naples, FL 34104 Naples, FL 34112 Project Name: Pine Ridge Road (from CR 31 to Logan Blvd.) Construction Agreement Date: Project No.: 60111 Change Order No.: 06 Date: 9/16/01 Change Order Description: See the attached justification and supporting documentation for this change. Original A~lreement Amount: $ 9,974,824.59 Sum of Previous Change Orders Amount: $ 1,261,814.23 This Change Order Amount $ 256,176.87 Revised Agreement Amount $ 11,492,815.69 Original Contract Time in Calendar Days: 390 Adjusted Number of Calendar Days Due to Previous Change Orders: 116 This Change Order Adjusted Time is: 112 Revised Contract Time in Calendar Days 618 Original Notice to Proceed Date: August 7, 2001 Completion Date Based on Original Contract Time: September 3, 2001 Revised Completion Date: April 17, 2002 Revised Bonus Date: December 10, 2001 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this 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. William E. Flynn, Ins,~,ection S~ervisor Reviewedby:'' '~/~- ~ Date: [0/~ ~'/~/ ~hael, Project Manager Reviewed by: ~k,~~- ~ Date: Dale Bathon, P.E., Senior PrOject Manager Approved Ste?l~n L. Miller, P.E., Director Date: Approved by: Date: NormarffE. F~der,~ AICP' T, radsportation Administrator A(~E~I:¥k ITEM Accepted b Date: 13 2001 Restino, Vice President INDEX CHANGE ORDER #6 I. SUMMARY RFP/ITEM NUMBERS II. EXlSTINGINEW ITEM NUMBERS III. EX'~IBITS A. EXPLANATION OF TIME EXTENSION B. RFP 54 STRUCTURE S-30 MODIFICATION C. RFP 55 LIVINGSTON ROAD DRAINAGE IMPROVEMENTS D. RFP 59 "L" WALL E. RFP 60 SIGNALIZATION POWER SERVICE RELOCATION F. RFP 61 TYPE "A" FENCING G. RFP 62 BOX CULVERT MODIFICATIONS @ 1115 + 50 LT. H. RFP 66 LIGHT POLE REVISIONS I. RFP 67 FUTURE IRRIGATION ACCOMMODATION MODIFICATIONS J. RFP 69 HIGH MAST LIGHTING REPAIR (CIRCUIT BREAKER) K. RFP 71 LIVINGSTON ROAD 36" PIPE RELOCATION L. RFP 72 FIBER OPTIC PULL BOXES M. RFP 73 CITY WATER MAIN (WM) DEFLECTION @ 1026 + 77 LT. N. RFP 74 CLOSED FLUME INLET ~} 1039 + 00 LT. NOV 1 3 2001 ATTACHMENT I. Change Order No. 6 Pine RidRe Road (CR 896) (from CR 31 to Loqan Blvd.) County Prolect No. 60111 Collier County We have reviewed various requests from Better Roads, Inc. for additional compensation. We recommend the enclosed additions for RFP No.'s 54, 55,59,60,61,62,66,67,69,71,72,73,and 74. The additional and/or extra work is necessary to provide a functional project. Highlights are as follows: · 1.~5 new pay items were added for a total of $ 339,354.38, resulting in an additional 36 calendar days. · 2_.~2 existing pay item quantities were either increased or decreased for a net credit of ($ 83,177.51) and an adjustment to contract time of 3 calendar days. The time extensions associated with the RFP's totaled 39 days. · 1._~6 rain days have been granted. · 30 days were added due to delays pertaining to the 16" force main installation. · 1._~5 days related to delays associated with the shop drawings approval process for the signal mast arms. · 7 days were granted to compensate for contract time lost when crews, normally assigned to the Pine Ridge Road project, were sent to perform work to prepare the opening of the roadway on the Livingston Road project. · _5 days were granted for time suspensions for holidays. Specific holidays were: Thanksgiving Day 11/23/200 (1day); Christmas Day 12/25/2000 and the day after 12/26/2000 (2days); Memorial Day 05/28/2001 (1 day); Independence Day 07/04/2001 (1 day). These adjustments result in a total of 112 days added to the contract. The prices and time extensions shown in each RFP have been negotiated and are appropriate for the work specified. Some of the major items in this change order are: ·Additional Storm Drain at Livingston (RFP 59): To increase the conveyance of storm drainage on Livingston Road now and to address the future expansion. · Street Light Pole Revisions (RFP 66): Light pole quantities were changed as a result of a plan revision, · Irrigation Improvements (RFP 67): This additional work was added to inc ~ase~t~<.- irrigation sleeves on the project in preparation for future landscaping. In a di~ thai traffic separators were eliminated in a number of areas and replaced with eit! ~r type~l"t~ c~ra~cr~j~! curb or type "E" concrete curb and gutter to accommodate future landscaping ~ the lfl~dia~ A'i-I'ACHMENT I. There were 7 pay items that overran their original plan quantity due to plan error or increased services needed to complete a specific task. The major items are: · 400-1-11 Class 1 Concrete Gravity Wall: A section of the wall was omitted from the quantity in bid blank of the contract. This work was performed at the contract unit price as bid. · 102-99 Message Boards (Variable): VMB's have been very effective informing the public of the constant changes to the traffic patterns on Pine Ridge Road. We overran the original estimate for this item and we have extended the anticipated quantity for use during the remainder of the project. Our evaluation is based on FDOT Construction Contract History, contractor cost, specific project conditions, public impact, safety, and County and consultant staff's experience. Contract amount to be added $256,176.87 Contract time to be added 112 calendar days AGEhlDA ITEM NOV 1 3 2001 ATTACHMENT I! .LVO I/1 Z (D .LiNn C/~ c=m 9-' Z u~ --.I c Z ~ o z m m w w - -~ No.AG ~ ~ m ~ NOV 1 3 2001 O0 ATTACHMENT II Change Order No. 6 Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County New Pay Items 1 100-154 RFP 54 S-30 MODIFICATION LS 1.00 To accommodate a landowner's (Parcel 116 along south side of Pine Ridge Rd.) request concerning relocation of a weir/control structure installed as part of a previous agreement made with Collier County during a property take for the four laning of Pine Ridge Road. I 100-155 RFP 55 LIVINGSTON RD HEADWALL REMOVAL LS 1.00 To provide a drainage connection to the existing drainage swale along left/west side of Livingston Road. These improvements will accommodate future expansion plans for Livingston Road Phase I1. 1 100-159 RFP 59 "L" WALL (F&I) LS 1.00 To eliminate an extremely steep slope in area at Sta.1126+90 (in front of the Crossings Plaza). I 100-160 RFP 60 SIGNALIZATION POWER SERVICE RELOCATION LS 1.00 To resolve a conflict between the proposed ditch and the existing power service (not identified on the plans) for the 1-75 Southbound Off-Ramp signal controller. I 100-167 RFP 67 IRRIGATION ADDITIONS LS 1.00 To accommodate the future installation of an irrigation system for the future landscaping of the median area. This work included mobilization, survey control, maintenance of traffic, and engineering. I 100.171 RFP 71 LIVINGSTON 36" PIPE RELOCATE LS 1.00 This will eliminate the steep slope caused by the proposed location of the MES and associated pipe at Sta. 1053+89 Lt. (just west of Livingston Road). I 100-173 RFP 73 CITY WM DEFLECTION ¢~ 1026+77 LT LS 1.00 To resolve a conflict between the existing 12" City of Naples water main and the plan location of the mast arm foundation at Sta. 1026+77 Lt. I 100-174 RFP 74 CLOSED FLUME INLET AT 1039+00 LS 1.00 To correct a Iow area at the Cypress Glen turn lane (Sta. 1039+00 Lt.) that would cause standing water. The flume will convey this water to the drainage ditch to the north. 1 430-961-216.A RFP 67 PVC PIPE CULVERT 6' (SCH 40) (OPEN TRENCH) LF 1,107.00 To accommodate the future installation of an irrigation system for future landscaping of the median area. This work is the open trench installation of the 6-inch schedule 40 pipe sleeves. NOV ! 3 2001 Pg- O[ -- ATTACHMENT II :2 1 551~-1-1 RFP 61 FENCING, TYPE A LF 500.00 To replace fencing along the limited access right of way, at the southbound off -ramp of 1-75, that was removed for installation of a storm drain. 1 550-4-1 RFP 61 FENCING, PULL & END POST ASSEMBLY EA 4.00 To replace fencing along the limited access right of way at the south bound off ramp area of 1-75 that was removed for installation of storm drain. 4 100-169 RFP 69 HIGH MAST LIGHTING REPAIR LS 1.00 For replacement of a circuit breaker for existing high mast lighting pole number 16T05, the circuit breaker was defective. 4 635-1-15A RFP 72 PULL AND JUNCTION BOX (FIBER OPTIC) EA 40.00 There was no information in the contract documents identifying the specific size of the pull boxes and the specifics as to the installation procedures. When investigated (A specification was provided) it was required that the contractor supply a much larger pull box and that the installation of the previously installed conduits be modified. 5 715-511-150 RFP 65 LIGHT POLE COMP. (ALLUM) SIN. ARM SHOL. MT EA 77.00 Change from steel light poles to aluminum with frangible base and an adjustment to the quantities due to a lighting plan change. 5 715-516-150 RFP 66 LIGHT POLE COMP. (ALLUM) SIN. ARM TOP MT EA 19.00 Change from steel light poles to aluminum with frangible base and an adjustment to the quantities due to a lighting plan change. No.._~.~~ NOV 1 3 2001 2 ATTACHMENT II m~ ~ c Z OZ ~0 . ooooooo ~o ~o >= ~ X ~ ~ ~ ~m > ~ m - ~ ~ ~ ~ ~- _ m i~ - ~ ~ m ~ ._0 z ~ m ~ ~ o = A~ I~1 ~ ~ ....... ~ ..... ~ ~ ~-..~ ~~ ,- m~ NOV 132001 ATTACHMENT II Change Order No. 6 Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County EXISTING PAY ITEMS I 100-162 RFP 62 BOX CULVERT MODIFICATIONS ~ 1'115+50 LS 1.00 TO resolve a condition where the slope was greater than 3:1 and to correct a drop off condition at the he&dwall located at Sta.1115 + 50 Lt. I 120-6 RFP 67 EMBANKMENT CY 3,000.00 Use of type "A" concrete curb in lieu of concrete traffic separators in median areas to accommodate future landscaping of the median required need for additional embankment. 1 425-2-91 RFP 55 MAN HOLE J-8 (<10) EA 2.00 To provide a connection to existing drainage swale along left/west side of Livingston Road. These improvements will accommodate future expansion plans for Livingston Road Phase II. 1 430-11-329 RFP 59 PIPE CONC. CULV. CL III 24" LF 11.00 To eliminate extremely steep slopes in area at station Sta.1126+90 (area in front of the Crossings Plaza) I 430-11-338 RFP 55 PIPE CONC. CULV. CL III 36" LF 169.00 To provide a connection to existing drainage swale along the left/west side of Livingston Road. These improvements will accommodate future expansion plans for Livingston Road Phase Il. 1 430-11-341 RFP 59 PIPE CONC. CULV. CL III 48" LF 24.00 To eliminate an extremely steep slope in area at Sta.1126+90 (area in front of the Crossings Plaza) I 430-984.225 RFP 68 MITERED END SECTION CONC. (18") EA 1.00 To resolve a conflict with the existing 16" County owned water main and drainage structures S-5 and S-7 and related RCP pipe. Work includes modifying structures S-5 and S-7 and adding a pipe crossing of 18" RCP with MES at structure S-3. 1 430-984-238 RFP 55 MITERED END SECTION (CONC PIPE ROUND) (36') EA 2.00 To provide drainage connection to existing drainage swale along Lt./west side of Livingston Road. These improvements will accommodate future expansion plans for Livingston Road Phase II. 1 520-2-1 RFP 67 CONCRETE CURB TYPE "A" LF 9,540.00 TO accommodate for future landscaping in the median areas use of type "," concrete curb required, this replaced the concrete traffic separators. AG~ rTE_M No. NOV 1 3 2001 ATTACHMENT II 2 I 520-5-16 RFP 67 TRAFFIC SEPARATOR (8.5' WIDE) LF (230.00) To accommodate for future landscaping in the median areas use of type "A" concrete curb was required, this replaced concrete traffic separators. 1 520.5-88 RFP 67 TRAFFIC SEPARATOR (9' WIDE) LF (3553.00) To accommodate for future landscaping in the median areas use of type "A" concrete curb was required, this replaced the concrete traffic separators. 1 575-1-t RFP 67 SODDING BAHIA SY 3,853.00 To accommodate for future landscaping in the median areas use of type "A" concrete curb was required as a Placement for the concrete traffic separators. The area between the curbs required the placement of sod (bahia) as an interim measure until the landscape improvements are made under a separate contract. 4 635.1.15 RFP 72 PULL AND JUNCTION BOX (FIBER OPTIC) EA (40.00) There was no information in the contract documents identifying the specific size of the pull boxes and the specifics as to the installation procedures. When investigated (a specification was provided) it was required that the contractor supply a much larger pull box and that the installation of the previously installed conduits be modified. 5715-511-250 RFP 66 LIGHT POLE COMP. (STEEL) SIN. ARM SHOL. MT EA (94.00) Change from steel light poles to aluminum with frangible bases and an adjustment to the quantities due to a lighting plan revision. 5 715-516-250 RFP 66 LIGHT POLE COMP. (STEEL) SIN. ARM TOP MT EA (9.00) Change from steel light poles to aluminum with frangible bases and an adjustment to the quantities due to a lighting plan revision. I 102-99 MESSAGE BOARDS (VARIABLE) DA 747.00 Required use of the message boards, due to the nature of the work, has caused an overrun to the original plan quantity. The increased quantity will provide sufficient quantities to complete the project. 1 125-3A SELECT BEDDING MATERIAL (SPECIAL) CY 81.50 Additional quantity was needed as a result of wet conditions during the installation of both storm sewer pipe culverts and structures. 1 400-1-11 CLASS I CONCRETE-GRAVITY WALL CY 209.30 One section of Gravity wall was omitted from the original bid quantity. 1 530-1 RIPRAP (SAND-CEMENT) CY 38.20 Additional Rip Rap required for permanent erosion control of steep ditch slopes. 1 737-70-1 UTILITY LOCATES EA 13.00 Additional quantity required for the specific locating of existing utilities throughout the project. 4 715-8 FIELD SUPERVISOR (ELECTRICAL) EA 2.00 To compensate the contractor for performing maintenance on the existing high mas' lighting system, NoA~ NOV ! 3 2001 ATTACHMENT II 3 4 715.9 FIELD LABOR (ELECTRICAL) HR 2.75 To compensate the contractor for performing maintenance on the existing high mast lighting system. NOV 1 3 2001 NOV 1 3 2001 ~g. NOV 1 3 2001 ooool ~ III. EXHIBITS AGEt4DA.L'TEId NOV 1 3 2001 EXHIBIT "A" EXPLANATION of TIME EXTENSION RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County EXPLANATION OF TIME EXTENSION 39 Days were added for resolution of conflicts, additional and extra work to make the project functional. See the attached summary of Change Order # 6. 1..~6 Days added for weather delays in accordance with exhibit H General Terms and Conditions (Section9) and FDOT Standard Specifications for Road and Bddge Construction 1991 Article 8-7.3.2 Contract Time Extension (14 days X 1.17 = 16 days with .38 of a day carry over). 30 Days were added to the contract for the additional time due to delays in completing the 16" FM work. See attached letter dated June 22, 2001. 15 Days added for the delays associated with the shop drawing approval process for the signal mast arms. See attached letter dated June 14, 2001 7 Days were granted to compensate for contract time lost when crews, normally assigned to the Pine Ridge Road project, were sent to perform work to prepare the opening of the roadway on the Livingston Road project. See attached letter dated September 4, 2001 _5 Days were granted for time suspension for holidays. Specific holidays were: Thanksgiving Day 11/23/2000; Christmas Day 12/25/2000 and 12/26/2000; Memorial. Day 05/28/2001; Independence Day 07/04/2001. 112 DAYS ADDED THIS CHANGE ORDER NUMBER 6 Incentive Bonus Payment Contract Time Adjustments: 99 Days Added this Change Order No. 6 91 Days Added From Previous Change Orders No. 1-5. 190 Total Days Added To Date Bonus date is now December 10, 2001 NOTE: Bonus date calculated using odginal 300 calendar days (06/03/2001, original bonus date) plus 190 calendar days equal 490 days total or 12/10/2001, including previous change orders and this change order. 10/2'3~1 - W - 0003 CO 6 lime Su~rnary Time Extension Analysis 39 Days · ASSOCIATED WITH RFP's Nos. 54, 55, 59, 60,61,62, 66, 67, 69, 71, 72, 73, and 74. The largest portion of the 39 days added were the 30 days for the accommodation for the installation of the future irrigation of the medians. These accommodations involved install,~':ion of more than 1000 LF of irrigation sleeves (6-inch PVC), more than 9500 LF of Type "A" Curb, and placement of embankment and sod. Based on the amount of work involved the additional 30 days is justified. The remaining 9 days are for several different operations resulting in added/extra work and our justification was based on our analysis of past operations of similar activities. 30 Days 16 Inch FORCE MAIN INSTALLATION The installation of the 16" force main (FM) work, between Airport-Pulling ' Road/C.R. 31 and Whippoorwill Lane, was added to the Pine Ridge Road contract and documented in Change Order No. 02, which was executed on 10/09/00. The 16" force main (FM)work began on 10/3/00 with completion on 03/01/01, with the pumping of the sewage from the existing line. Originally the contractor had asked for a 90-day time extension, only 60 days were granted in the change order with the understanding that, if justified, additional contract time would be added at a later date. A review of the "Daily Reports of Construction" was used in determining that the additional 30 days, in addition to the already approved 60 days, was justified. 15 Days TRAFFIC SIGNAL MAST ARM SHOP DRAWING REVIEW DELAY On 6/14/01 Mid - Continent Electric, a subcontractor to Better Roads, Inc. was prepared to submit revised shop drawings for the mast arms. On this same date the designer of record, CH2MHILL, provided new finish grade elevations for a number of the mast arms. This new information was a result of revised information related to the existing grades for a number of intersecting streets along Pine Ridge Road. This resulted in a need to amend the submission of the shop drawings. The amended submittal was made and conditional approval of the shop drawings were given on 6/29/01. Our review of the claim for additional contract time is that 15 days is justified. 1i0¥ 1 3 2001 Brian Kelley From: mcmichael_e [EwingMcMichael@colliergov. net] Sent: Monday, September 10, 2001 9:14 AM To: Brian Kelley Cc: Dale Bathon; miller_s; Mitch Riley Subject: FW: One week time extension to Airport Road and Pine Ridge Road Brian, This is the information for the time extention we discussed. I'm assuming that one week is seven days, Mitch advise me otherwise if that is not the case. Skip > ..... Original Message ..... > From: riley_m > Sent: Tuesdayr September Q4, 2001 9:31 AM > To: mcmichael e; korti n -- -- > Cc: Feder N; miller s;-Bathon d > Subject: --One week Time extension to Airport Road and Pine Ridge Road > > Skip and Korti, > In order to expedite the Livingston Road turn lane addition, median > closure, and restriping, Better Roads had to borrow equipment and staff > from Airport and Pine Ridge jobs to meet our deadline. We agreed to add > one week to the contract time for each of these contracts. JR asked me if > we could add the time now. If you are processing a change order, please > add a week for this purpose ( or you can do it on your next change order). > Thanks. > > Mitch Riley, P.E. > Senior Project Manager > TE & CM Department > NOV 1 3 2001 BETTER RO~qDS lINC 1,'3~ P'O1.'uIq 1~ '01 14:44 INc.BETTER ROADS June ! 4, 200 t WihoaMiller, Inc. Pine Ridge Road Project Oflicc 3899 Golden Gate Boulevard West Naples, Florida 34120 ATT2~: Tom Primavera, G.P.E. Manager, CEI Service~ RE: Pine Ridge Road Six Laning Project No.: 60111 Claim Dear Tom: Pursuant to Article 11, Exh/bit H of thc Contract Doouments we are wrtt/ng to not/fy you of the potential for a claim by this Contraotor for time and monies on the referenced. This claim i~ doe to the reasons stated in thc attached letter from our Subcontractor Mid Continent I~lcctric, Inc. and t~¢ reasons stated below. To summarize our ~,!~,ition, we are respo~le for the design and cOnStruction of the Signals. We were told thai you v~ould guarantee a tw6~eek turn around on submittals. On April 19, 2001 our Subcontractor, Mid Coo~t Electric, Inc. submitted for approval the designs for their equipment. During the weekly progress meeting on ~une t4, 2001 we were preset~ted with a spreadsheet from CH2Mhill that revised grade elevations for 12 poles. We had already submitted revised ch'awings per the coiiu~-~ents received f~om CH2MIilLL on Iuae 8, 2001 and now will have ~o resubmit again to allow for the revisions made available to us on June 14, 2001. Lu the mean time this projem is heading for completion. We have a bonus we are trying to get and we are now back to the same stage of progress we were on April 19, 2001 with the triast arm designs. The very least we will settle for is a claim for days fi'om April 19, 2001 to June 14, 2001 or 56 days of additional contract time and we are considering monetary damages for extension of costs related io supervision, maintenance of traffio, overhead and handed dowa costs from our subcontractor and their supplies. This equipmeat is a major portion of this pwjeet and through no faul~ of this eonuaetor; time is running without solution of the design issues. If you have any questions concerning this issue, please do not hesitate to contact this office. Respectfully submitted, Bk-TTER ROADS ENC. Io~eph M. Restino Vice Attachment m~a~e Re~ 'to: ~r~ P.O. 8OX 0979 · 5590 SHIRLEY $'I'REET · NAPLES, FLORIDA 3410 ~' '~3391 SR 31 · P~JNTA GORDA. FLORIDA 33982 · (94,1) 567-2231 · FAX (941) 567-2250 ~..-~. 4456 TAklIAMI TRAIL · SUITE ^7 · CHARLOTTE HARBOR, FLORIDA 33980 · (941) 743-281§ · FAX (941) 5 ~-2?3AGE~a}IlTE~ PO. BOX 1908. 2830 OLD STATE ROAD 8 - LAKE PLACID, FLORIDA 33862 · (863) 4§5-5797 · FAX (941) i7-1i~_9 I (~ ~'3 ~_'~ NOV 1 3 2001 ~ NAPLF..S. FLORIDA 34104 Mi'. ,loc P,.esdno Bcu~. Roads, Inc. June 15, 2001 5590 Shirley Street Naples, Ho'ida 34109 941-597.2181 Fax 941-597-1597 Dear JR, Durin8 the weekly progress meeting conducted on June 1 $, 2001, Mid-Conti,,cnt Eleclric, Inc. received a spread,heel, f~3m CH2MHILL, revising grade elevation required to dctcrmine final upright heishts for Tr~fic Signals. Please be advised tbat Ihesc ch~gcs cffcct 12 polcs snd w~re not pa,'1 of the comments submiued on June 8, 2001. In additio~ our mtnufacture submitted revised dxawings b~.~d on comments received on June 8, 200l and wilt now have to revise submitted drawings due to changes to project grade elevations. Please note that Mid-Continem Electric, hx: h~s been ~lvised on many occasion on how critical thc timely delivery of Signal components is to the completion of this project and please note that grndc elevation ch~ges are not the responsibility of thc traffic signal contractor or it's supplier. Atthough wc ha¥c not received a formal request for additional compensation for these changes ~o elev.tions, it ts anticipated. In addition, Mid-Continent Electric, Inc. has ~sked Southeast Fatni~tors to inform Mid-Corainent Electric, Inc. on how these last minute changes will effect the/r latest submittals, including the delivery ofproduct and will keep Better Roads ab~casL Should you need to discuss this matter ~my further, please call. ' Sinc~l:ly, Vice-President NOV 13 2001 HC)NE~ (94 ! I 643.0266 FAX (9~ l) 643-5821 BETTER ..lOADS , INC. '.,, June 22, 2001 WilsonMiller, Inc. Pine Ridge Road Project Office 3899 Gol len Gate Boulevard West Naples, Florida ATTN: Tom Primavera, C.P.E. Manager, CEI Services RE: Pine Ridge Road Six Laning Project No.: 60111 Dear Tom: Wc had originally submitted request for an additional 90 days of Contract Time to complete the Force Main that Collier County requested we construct on the referenced project. The Change Order approving the work contained an additional 60 days of Contract Time. Due to delays encountered during construction, it is our intent to claim for the additional 30 days of Contract Time submitted for the Force Main construction but not approved in the Change Order. If there are any questions or concerns with the above, please do not hesitate to contact this office. Respectfully Submitted, BETTER ROADS INC. AGElqp~ IT~.~M NOV 1 3 2001 ~ Please Reply To: '.O. BOX 9979 · 5590 SHIRLEY STREET · NAPLES, FLORIDA 34101 · (941)597-2181 · FAX (941)597-1597 C_i 13391 SR 31 · PUNTA GORDA, FLORIDA 33982 · (941) 567-2231 · FAX (941) 567-2250 [] 4456 TAMIAMI TRAIL · SUITE A7 · CHARLOTTE HARBOR. FLORIDA 33980 · (941) 743-2816 · FAX (941) 566-2737 ~ P.O. BOX 1908 - 2830 OLD STATE ROAD 8 · LAKE PLACID, FLORIDA 33862 · (863) 465-5797 · FAX (941) 597-6609 PINE RIDGE ROAD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 60111 SPECIAL PROVISIONS These Special Provisions amend or supplement the 1991 edition of the b'XXDT Standard Specifications for Road and Bridge Construction, the 1994 Supplemental Specifications to the 1991 Standard Specifications for Road and Bridge Construction, and the Supplemental Specifications included in the Contract Documents. 1. DEPARTMENT ARTICLE 1-16: Delete the definition of this term in its entirety and substitute the following in lieu thereof: ("The Board of County Commissioners of Collier County, Florida as Owner.") The terms "Materials Office", "State" or "District Materials Office" are hereby deleted throughout and replaced with the term "Owner" as defined as above. All references to 'Depat [~,ent Sampling, Testing and Reporting Guide", "Department Standard Operating Procedures" and Department Qualified Products List" are hereby changed to 'FDOT Sampling, Testing and Reporting Guide", 'FDOT Standard Operating Procedures" and `'FDOT Qualified Products List" respectively, Also, the phrase "...State Construction..." is deleted in all articles and sections. 2. ENGINEER ARTICLE 1-18: Delete the first four (4) words in the first sentence and substitute the following in lieu thereof: "The Director of Public Works Engineering Department or his designated Project Manager." The terms "State" or "District Bituminous Engineer", or `'District Material Engineer" or "District Construction Engineer" or "District Construction Office" are hereby deleted throughout and replace with the term "Engineer" as defined above. 3. HOLIDAYS ARTICLE 1-21: Delete the provisions of this article in their entirety and substitute the following in lieu thereo~. "Holidays as designated by the Board of County Commissioners of Collier County, Florida". 4. LABORATORY ARTICLE 1-23: Delete definition of this term in its entirety and substitute the following in lieu thereof: "The official testing laboratories of the Owner or other such laboratories as may ~ by the Engineer". I NOV 1 3 2001 P:~.Transporta0oflV148414-PPR1~lSpecJrlcation$'d:)lNl:: RIDG ESpecial Prov_m~ 1 _18.d~ sP-] I Po. 1 ~],'][g/2[~1 83:34 9417328701 WILSONNIL[ ER PAGE BETTER -lOADS INC. May 18, 2001 WilsonlVliller, Inc. Pine Ridge Road Project Office 3899 Golden Gate Boulevard West Naples, Florida ATTN: Tom Primavera, C.P.E. Manager, CEI Services RE: Pine RidRe Road Six Lnuing Project No.: 60111 Dear Tom: We plan to take Monday, May 28, 2001 off to celebrate the Memorial Day Holiday. We will be on the project Tuesday, May 29,200I. Also, we plan to be on holiday Wednesday, July 4, 2001, returning to work Thursday, July 5, 2001. Respectfully submitted, BETTER ROADS INC. Vic Holcomb Project Manager AGENOA I ,TE~M NOV 1 3 2001 MAY 1 8 2001 BY." Please R~q31y To: [] PO. BOX 9979 · 5590 SHIRLEY STREET · NAPLES, FLORIDA 34101 * (~1) 597-2181 - F~ (~1) 597-1597 ~ 13391 SR 31 - PUNTA GORDA, FLORJDA 33982 - (~1) 567-2231 · F~ (~I) 567-22~ ~ ~56 TAMI~I T~IL - SUITE A7 - CHARLO~E HARBOR, FLORIDA 33980 - (~1) 74~2816 · F~ (~1) 566-~737 ~ P.O. BOX 1908 - 2830 OLO STATE ROAD 8 - ~KE PLACID. FLORIDA 33862 · (863) 465-5797 · FAX (941) 597-6609 10/26/2~1 03:]4 94171287~1 WILSONMILLER PAGE 02/05 RQADS November 13, 2000 WilsonMJller, Inc. Pine Ridge Road Project Office 3899 Golden Gate Boulevard West Naples, Florida ATTN: Tom Primavera, C.P.E. Manager, CEI Services RE: Pine Ridge Road Six Lnning Project No.: 60111 Dear Tom: We plan to take Thursday, November 23, 2000 off to celebrate :the Thanksgiving Holiday. We wiIl be on the project Friday, November 24, 2000. Respectfully submitted, BETTER ROADS INC. Vic Holcomb Project Manager Please Reply To: ~ ~'1 P.O. 8OX 9979 · 5590 SHIRLEY STREET, NAPLES, FLORIDA 34101 · (941) 597-2181 o FAX (941) 597-1597 [] 13391 SR 31 - PUNTA GORDA, FLORIDA 33955 · (941) $67-2231 · FAX (941) 567-2250 ~ 4456 TAMIAMI TRAIL. SUITE A7. CHARLO-VrE HARBOR, FLORIDA 33980, (941) 743.2816. FAX (941) 566.2737 [] PO. BOX 1908 · 2830 OLD STATE ROAD 8 · LAKE PLACID, FLORtDA 33862 · (941) 465-5797 - FAX f941'~ ,597-RRoq 83'34 941732870~ ~ILSONMILLER PAGE 84/85 Wilsp. nMiiler 38gg ~_.~OLDEN (~ATE BOULEVARD WEST, NAPLES, FLORIDA 34120 PHONE: (941) 348-3920 FAX: (941) 348-3921 WMCEI2I~ATT.NET October 12, 2000 Mr. Vic Holcomb, Project Superintendent Better Roads P.O. Box 9979 Naples. FI 34101 P,E: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 CoIlier County Holiday Time Suspension Dear Mr. Holcomb, In Response to your letter dated September 19, 2000 regarding holiday time suspension, Collier County has agreed to suspend contract time for holidays as designated by the Board of County Commissioners of Collier County, Florida pursuant to Article 1-21 of the Special Provisions. The attached letter shows the holiday schedule for the remainder of 2000 and 2001 calendar year. Better Roads may request, in writing, that contract time be suspended for the holiday as designated in the attached letter. WilsonMiller has received your request to suspend contract time for the Christmas holiday. Therefore contract time suspension will begin on Monday, December 25, 2000 and will resume again on Wednesday, December 27, 2000. If you have any questions please contact me at 941-348-3920 Sincerely, WilsonMiller, Inc. Thomas A. Primavera, C.P.E. Manager- Construction Services Associate cc~ Bill Gramer ' Peter Hayden A(31~D~ I'T~E.,.M Mike Martin No...._.L.~,J;;),,,~ '- NOV 1 3 2001 Pg. ~ 107 ltDO- W 0(303 HOtiCl3yTlmq* ~t~Oe~T~Ofl ~ ~0/26/200~ 83:34 94~732870~ U~LSQN~LLER PaGE 85/85 BETTER ROADS INC. September 19, 2000 WilsonMiller, Inc. · Pine Ridge Road Project Office 3899 Golden Gate Boulevard West Naples, Florida ATTN: Tom Primavera, C.P.E. M,,aager, CEI Services RE: Pine Ridge Road Six Laning Project No.: 60111 Dear Tom: In the Contract Documents for the referenced, page SP-14, Article,51, Subarticle 8-6 deals with the issue of Contractor's Vacation. As you are aware, the FDOT allows for periods of Automatic Time Suspension (Subarticle 8-6.4.2). This Automatic Time Suspension is deleted from the Contract Documents and replaced with the wording "The Contractor shall not cease any work on the project due to company vacations." Better Roads Inc. does not have the policy of shutting down operations for company vacations. However, in the past, when working in high profile, high traffic areas it has been the practice to shutdown operations as a convenience to the traveling public during periods of expected high traffic volume. We believe that this project will be impacted by high volumes of traffic during the traditional Christmas Week Holiday S/:ason. It is our feeling that the intent of the documents is to prevent the Contractor from stopping work by eliminating Contractors' Vacations but does not address the impact of construction during this period or the inconvenience to the citizens that working during this period on this project will cause. We are writing to request that the possibility of stopping work during this period be revisited in the Contract Documents for the sole purpose of making the Holiday bearable for the traveling public. Respectfully submitted, BETTER ROADS INC. NOV ! 3 200 /J Joseph M. Restino o- Vice President I~l. Lq Please Reply To: P.O, BOX 9979 - 5590 SHIRLI~Y STREET - NAPLES, FLORIDA 34101 - (941) 597-2181 * FAX (941) 597-1597 13391 SR 31 · PUNTA GORDA, FLORIDA 33955 * (941) 5~7-2231 · FAX (941) 567-2250 4458 T^MIAMI TRAIl. o SUITE A7 · CHARLOTTE HARBOR, FLORIDA 33980 ° (941) 743-2816 o FAX (941) $66-2737 P.O, BOX 1908 · 2830 Ol.D STATE ROAD 8 · LAKE PLACID, FLORIDA 33862 · (863) 465-5797 * FAX {941) 597-6~3.q D~CRIPTION OF WORK J )~ ~TOR: B~'~ ~OADS ' ~ OPERATION a~d LOCATION TIME ~ ~'~ ~.~'~':.~~-. .-[ '. '~ ~ .... ' .. :' ~a~ ~c~u ..... .~ ' .... ......~..~ P[~$ONNEU ~0. ~OU~ ~0~ · ..-:'::'-'" ....... ' ...... ' ' -.' ~MMON ~INEE A I . A I A I -. c~. c~ ~t, tc~ ~ I I CO~RA~ qUAlITY INCREAS~ TODAY rEM NO. ITEM QUANTITY REMARKS AND CALCULATIONS NOV Pg. ~ OUNTYJOBNUMBER:G01ll F.A. JOBNO.: JN/A 00-3054BIDNO': ~/~/DAT[~: I DAYOFWEEK: I CONT~CTDAYNO-:~~. I')AII.Y I,JI.:I~()I.UI' ()1-' t'()NS"rl~j(.--i-i()N COUNTY JOB NUMBER: F.A. JOB NO.: ]31D NO.: WEb'K: CONTRACT DAY NO.: W ' E! Clear 0 Parlly Cloudy I]:~[ e~aeavy Clouds n Fog TEMPERATUI~: <~<~ High ~_z~ow [] Temperature Restriction Specification No. w~r~D: El No~e ~ s~gh, rg~S?ng RAIN: 13 None L.~ Light ~ ~e~X~y I-I Showers ~IN DU~TION: ~ 0-~ Hrs. ~ 2-4 Hfs ~-6 Hrs. ~ All Day WORKING CONDITIONS: ~ Excellen~ ~ G~ ~ Fair ~ Poor ~ad DU~TION OF ACCEPTABLE CONDITIONS: ~ Acceptable ~ More ~an 50% ~~an 50% ~ Unacceptable ~ All Day ' of Work Day of Work D~y All Day ' .soz~.c_o~vmo~: .........u ~ ...... ~- w~, ......... ~~ ~c .............. ' ........ ~S OF'WEA~ER ON M~OR WOrK iTEgS (CHECK 'coNTRO[LiNo i]~i: . - No Effect Effected ~s Effected More No Work Major and/or Conirolling Work Items All Da~ than 50~ of than 50% of All Day ~ Work Da~ 0 0 0 0 ~ ~ __ 0 0 0 0 dE~L COMMEmS: / -- ~~'~N D ~TING: I)All,V l~,i';l~OR-T 01; CONSTI~,U('71'ION D~CRIPTION OF WORK NT~,~CTOR: BN~'~R' ROADS OPERATION and LOCATION TIME ~o~ ~ //. ~ NEE K~ NO. ITE~ ~UANTITY RE~ARKS AND CALCU~TIONS JOB NUMBER: I F.A. JOB NO.: ~ BID NO.: DATE: DAY OF WEEK: DAY NO.: I)AII.Y I/,i':I'()I{T ()1" ('¢)N."71'I{I.J(71'I()N COUNTY JOi3 NUMBER: F.A. JOB NO.: BID NO.: WEEK: CONTRACT DAY NO.: 60111 ~ 00-3054 ~ ~ ~ ~ Clear ~lly Cloudy ~ Heavy Clouds ~ Fog TEMPE~TU~: ~' High ~ ~ Temperature Restriction S~cific~don No. WIND: ~ None ~IN: ~ None ~ Ligh~ ~ ~ Showers. ~IN DU~TION: ~ 0-2 Hrs. ~ 2-4 Hrs s. ~ All D~y WORKING CONDITIONS: ~ Excellem ~ G~ ~ F~ir ~r ~ B~d DU~TION OF ACCEPTABLE CONDITIONS: ~ Acceptable ~ More ~an 50% ~~n 50% ~ U~cce~ble ~ All Day' of Work Day of Work D~y All D~y' : No Effec~ Effe~ ~s Effected More No Work Major ~nd/or Comrolling Work I~ems All Day lh~n 50% of (h~n 50% of Work D~ o o o -..- . / 0 0 ~ 0 . 0 0 0 0 Fa'~-~L COMMENTS: ~ - ..... . I).-\II.Y REi'OI~.T OF CONS*I'I(tUC'I'I(')'N ~'~.'. mo.o~o.L~ I°a~¢ I DESCRIPTION OF WORK ~(-~ ACTOR: BE~'I'ER ROADS . -- OPERATION and LOCATION I TIME ' 1 · ' I ~E~INNINo 'nUm/~'.'. ] HOU~ ~o~ ::.:-" NO.. MA~A~ ~CEIVED PERSONNEL., , . . .... '.: -..,. :.. I I ;~LL~D I ~ I ~. ~ :'~INEE / I A ~ ' ' A I' A I ~.~ ~PH&LT pAV~ / ~Rnt MOVER ROL~R.STEEL WHEEL ./ ~UCK.'GR~SE ,~, ,~,,o~ . I [/I~°~"~ ~c~'~" I~' ~ CO~RA~ QUALITY INCREAS~ TODAY FFEM NO. ITEM QUANTITY ~MARKS AND CALCULATION~ ' 'Q.~.UNTY60111.)OB NUMBER: F.A.N/AJOB NO.: I 00-30s4BID NO.: ~/~/~/DATE: -"7"='L4. ~'~DAY OF WEEK:~ CONTRACT,_~...,~,~:~ DAY NO.: / I).-\1~., RI'~I'OR.T 01: CONSTI,TUCTIC)N '""-"' ~o-o,o4.~ ' -D~CRIPTION OF WORK )N'FRACTOR: B~'ER ROADS ..... ~ , OPERATION and LOCATION . .. x.~ ~ .~,..- ~~~. ~ ...... .. ............................ ,.~ .... . .. ~ -- //~ ~ ,-.~o ...... ~L~D "':" ' ' - ' '"'" .' · ',"~: ..... __,~ ..J L~....:...;,~: .~;_~: )MMON 'L] ..... .'Z: .... ~. ~INEE ~oUib~'~ l~'X:.~V~noa~l ...~ ll I A I ':'ll..-~ :~ 'l I A Il A 1 , C~,~ ......., . , . , ~ D~ ~ ~ . . ~~ . ........ ','~ N0. ~H ~UAN~Y ~HA~S ~N~ C~UCU~A~0NS I' ~ 'c .. _ o~ ._. //~ I'l IN~ I k II¢.'l'ltj.~ . (KI.'~ D -F~CRIPTION O!: WORK )i CTOK: BEI'I'Eg ROADS -- OPERATION and LOCATION TIME BEGINNING ENDING PERSONNEL NO. HOURS ~tORKED .." . MATERIALS RECEIYED . : · .. · . ........ .... UPT. 0 REMAN KILLED EMI SKIl _I .ED OMMON KAINEE EouipIV~ (kCTIVE/IDLE] ~ A I " A I A I -.. -- I ^IRCOMI'R~SOR CULTIPACTOR POWER ,ROO,'.I T~UCK. DUMP J / CONCI~m IUCKE'T GF. NEP..ATOR SPREADER. lOX W'ELLPOIm t J CONCRETE. $CI~EED MILLING I~iACIIINE SPREADER, F'ERTILIT'£R c~N£. ¢~aw, ~lj j c~NE. t~UCKl / MUL.Ciiir I - PICE DRIVER, ,,AMMEll TRUCK. ,~K~ CO~RA~ QUALITY INCREAS~ TODAY F~ NO. ITEM QUANTITY ~MARKS AND CALCULATIONS AG~ I~M 1 3 2gg! -- 60"1 ~,A 00-3054 ~/ ~ / I)AII.'V I~.I'~I'I)iCI' ¢)1" COUNTY JOB NUMBER: F.A. JOBNO.: BID NO.: DATE: J DAY OFWEEK: CONTRACT DAYNO.: 60111 N/A 00-3054 ~ ~. W ' ~ Clear ~ Partly Cloudy ~eavy Clouds ~Fog TEMPE~TU~: ~' High ~ ~w ~ Temperature Restriction S~cification No. WIND: ~ ~; 3/~a w~bt-~ ~ None ~ Sligh~ ~ S~rong ~IN: ~ Nonc ~ Ligh~ ~avy ~ Showers ~IN DU~TION: ~ 0-2 Hrs. ~ 2-4 Hfs ~6 Hrs. ~ All Day WO~ING CONDITIONS~ ~ Excellem ~ Go~ ~ Fair ~r ~ Bad DU~TION OF ACCEPTABLE CONDITIONS: ~ Acceptable ~ More Than 50~ ~s ~an 50~ ~ Unacceptable ~ All Day of Work Day of Work Day All Day SOIL CONDITION: ~ D~ ~ Wet ~remely Wet E~S OF WEA~ER ON M~OR WORK ITEMS (CHECK CONTROLLING i~MS~: No Effec~ Effected ~s Effected More No Work Major an~or Comrolling Work l~ems All Day man 50~ of than 50~ of ~ Work -,, o o o 0 0 0 0 0 0 0 0 ~ ~ 0 0 0 0 .~.... · %1 .~ I I ~ ~1 I I OKII)A I)IiI'AR I',~tliN I 01 IRAN.M'(~I-~ I.~ I I)AII.Y REPORT OF CONSTI~U~]'ION ~ co~-r~u~,o~. . ~ N RIPTIO~ OF WO~ . r~CTOR: B~ER ROADS OPERATION and LOCATION .' TIME ~ ~ ~' -..,. ~ · '. ., ._- " PE~'0NNEL N0].".' .HOU~ WO~D.':" . '.: ]'::.;.}::~;::" '::'":.'..'-.f. MA~A~ ~eglVE~ ' :.' .'. :..- ............ .-.....'..:.::..:...:~.. FO~AN /~.0 ' - .''. ,. sero S~L~D 1~. ~ ................ .EO~PME~'(A~IVE/IDLE) A I .:A I A I . -: /I BACKUOE HANO UN~ ROLLER. VlB~TORY ~U~, ~ICKUP CONCR~ $CREED MILUNG MA~IN~ SPR~D~. CO~RA~ QUA~ INC~AS~ TODAY ITEM NO. ITEM QDA~TITY ~MA~S AND CALCHLATIONS I)AII.Y RI.:P()RT O1-' CONSTRI. JC'I'ION COUNTY JOB NUMBER: F.A. JOB NO.: BID NO.: DATE: DAY OF WEEK: CONTRACT DAY NO.: 6o ,, oo-3os WEATHER CONDITIONS: ~ ~vy Clouds ~ Fog I~r ~ Partly Cloudy TEMPE~TU~: High ~o ~w ~ Tem~ralure Reslriction S~cification No. WIND: ~" ~-~& ~" W~9 ~ None ~ght ~IN: ~ None ~ Ligh~ ~ ~y ~ Show~r~ ~IN DH~TION: ~ 0-2 Hrs. ~ 2-4 Hfs ~-6 Hrs. ~ ~il Day WO~ING CONDITIONS; G~ ~ Fair ~ P~r ~ Excellent DU~TION OF ACCEPT~ CONDITIONS: ~ Acceptable ~ More Than 50% ~~an 50% ~ Unacceptable All Day ' of Work Day of Work Day Ali Day D~ ~ Wet ~emcly Wet SOIL CONDITION: -E~S'OF-WEATHER ON M~OR WORK ~MS (C~CK 'CONTROLLING ~MS~ ................ . ..... . ' ' No Effect Eff~ted ~s Effcct~ More No Work Major and/or Controlling Work hems All Day ~an 50~ of ~an 50~ of All Day Work D~y Work Day GE~ COMMENTS: ~. ~' ~ _ ~ . . . ~,..., I~ OF FLORIDA DI~PARTI, Ir'NT OF TR^N';I,OR~(~TION DAILY REPORT OF CONSTRUCTION G. 0~' ~ SA~ ME~A~CAL TAMP SE~ ' : ' CO~RA~ QU~ INC~A$~ TODAY I Pg I')A I I.Y REPORT OF' CONSTRU(.TrlON COUNTY JOB NUMBER: F.^. JOB NO.: BID NO.: DAYOFWEEK: CT DAY NO.: 60111 N/A 00-3054 /kd ~,,,d ._[ ..~. ~. ~ f-] Clear C1 Partly Cloudy ~ [-1Fog TEMPERATURE: _-~_2_" High ~w i-1 Temperature Restriclion Specification No.. WIND: [] None [] Strong ]LAIN: [-1 None Ld-Light [-1 Heavy l-] Sh~)2a, ers RAIN DURATION: [] 0-2 Hr: 1-1 2-4 Hfs [] 4-6 Hrs. {~l Day WORKING CONDITIONS; l-I Excellent E~ qood,., [-1 Fair ~ [] Bad DURATION OF ACCEPTABLE CONDITIONS: ' , F'} A'c~p~able [] lC{ore THan 50% [] ~ Than $0% [~}'~na~ccnaccdptable , Ali Day ' of Work Day of Work Day All Day . , . . . . [] Dry .EFFECT. 'S .OF WEATHER ON MAJOR WORK ITEM/; (CHECK C~)HTROLI;IN(3 .l'~ hM/g'f: ..... . "' :' ~."': '.~',--'L" :.~ .' ........ ' No Effect' .- Effected ~ . Effected More No Work ' ' .... Major and/or Controllin Work Items ...... ;than't)O~-of ' than $0 %' Of ....... : ' ~ ...... :-- g zMLI2ax i '"' ' ': 7 ~-~-7'_ ~- .,.-. ........ .... = ....... - NOV 1 3 2001 .£ OF FLORIDA D[:-PARTM '[':F'rr OF TRANSPORTATION DAILY REPORT OF CONSTRUCTION co,rr~uc'no,. ~ D~CRIPTION OF WO~ C. ,'~CTOR: MID CO~~ OPE~TION ~ LOCATION · BEGINNING:' ' 'ENDINGs::?~ SUPT. FOREMAN SK_[LLED SEMI SKILLED COMMON FKAINEE CO~A~ QUALITY ~C~AS~ TODAY ITEM NO. ~EM QUANTITY ~A~S AND CALCULATIONS DALLY RF.I'ORT OF CONSTRUCTION WEA~ER CONDI~ONS: ~ Clear ~ Partly Cloudy ~ H~ Clouds ~PE~TU~: High ~w ~ Tcm~raturc Rcstrktion S~cifi~tion No. WIND: D 'None ' - ~ Slight ~ Strong ~IN: ~ ~ D None . D Light ~ Heavy ~ Showers ~IN DU~TION: ~ 0-2 Hrs. ~ 24 Hfs ~ 4-6 Hrs. ~ All Day WO~ING CONDITIONS: O Excellent ~ G~ ~ Fair ~ P~r ~ Bad DU~TION OF ACCE~ CONDI~ONS: D Accep~ble ~ More ~an50% ~ ~s~an 50% ~ U~cceptable All Day _of Work Day of Work Day .. Ali Day SOIL CONDITION: ~ D~ ~ Wet ~ ~tremely Wet ov on tc. 6 biDna No Eff~t Eff~ted ~s Eff~ted More No Work Major and/or Controlling Work Items All Day ~an 50% of ~an ~% of All Day Work Day Work Day 0 0 " ~ ': .... '- 0 0 0~ CO~TS: - .- STATE OF FLORIDA DE-PARTMFm'C'F OF TRANSPORTATION DALLY REPORT OF CONSTRUCTION FO~ CON~U~oN. ! FOR.F_.,MAN EMI' SKIT J ~-D COM~MON ~EE AIR HAMMER DICAGLINE PUMP ~U~. ~ED ASPHALT PA~R ~R~I MOVER ROLLER.STOL WHEEL ~UCK. ASPIIALT DI~B~OR ~O~O LOAOER ROLLER.TRA~C ~K. ~NE ~I~NG BACKIIOE HAN~ UNER POLLEP. VIB~TORY ~K. PICKUP G~R $PR~D~. ~OX CON~ SAW M~L TAmP $PR~D~, S~ CO~ QUA~ ~C~AS~ TODAY I~M NO.:: I~M QUANTITY::::~; ~MA~ AND CALCULATIONS ' ,,o._ t~-.-~ - [ NOV 13 2Dm i i)AII.Y REPORT OF CON.";'I'Rt.~("I'ION ICOUNTY JOB NUMBER: I F'^' JOB NO':60111 N/^ BID NO.:00.3054IDATE:~//fi'o>/DAY OF WEEK:I~ D ~ CONTACT DAY NO': l ~-- WEATHER CONDITIONS: ~ Cl~ar ~ 'Partly Cloudy ' ~avy-Clouds ~Fog TEMPERATU~: ~q ' High ~ow ~ Tampetamr~ Restriction S~ci6cation No. WIND: ~ Non~ ~Slight ~g ~IN: ~ None ~ Light ~eavy D S~ers ~IN DU~TION: ~ 0-2 Hrs. ~ 2-4 Hfs ~ 4-6 Hrs. ~,,ll Day WORKING CONDITIONS: ~ Excellent ~ Good ~ Fair DU~TION OF ACCEPTABLE CONDITIONS: ~ Acceptable ~ More ~an 50% ~ ~ss ~an 50% ~ceptable All Day of Work Day of Work Day . All Day SOIL CONDITION: ~ D~ ~ Wet ~emely Wet ' E~S OF WEATHER ON M~OR WO~ I~MS {CHECK CON~OLLING I~MS): ...... ................................. N$ Effect ..... Eff6ci~ ~ ' ' ~ff~t~d M6r~ .... ~ W6r~ ...... Major ancot Controlling Work Items All Day ~an 50% of ~an 50% of All Day Work Day Work Day 0 0 0 0 0 0 GENERAL COMMENTS: NOV i 2GGi VISITORS: · ,' ' . ;i. ? I Page ~ of~ SI'ATE OF FLORIDA DEPARTMEI,,FT OF TRANSPORTATION DAILY REPORT OF CONSTRUCTION CoNTr.a. CTOm n'~rl'Er Ro,ams .... , : ": '::ii" . ASPIIALT DISTIUaUTOt // FRO.~f'END LOADER ROU rR.T'RAFI:'IC T~UC~(. LANE STI~IPING CONCRETE BUC~E'T GEJ, rEJ~ATOR SPREADER. BOX WELLPOCNT CONC:II~E'I~ ~ MIUJNG MAC~INE SPREADERt FE~TIUZER T~LIC~.. ~ co cr C u^N'nry 'roD^¥ TEM NO. ::1 ..... ITEM QuAJ~[~:?:: .... 'REMARKS AND cALCuLATiONs ' OU~TY JOB NUMBER: F.A. JOgNO.: BID NO.: DATE: DAYOFWE[K: 1 CONT~CTDAY ~O.: 60111 NIA 00-3054 V~ ,~ / ~ [ ~70 DAII.Y I{I".I'ORT oi-: C()NS'I'RI'('TI()N COUNTY JOB NUMBER: F.^. JOB NO.: BID NO.: DATE: DAY OF WEEK: CONTRACT DAY NO.: 60111 NIA 00-3054 ~.~/' ~ ~ WEATHER CONDITIONS: O Clear [-I Partly Cloudy [3~eavy Clouds []Fog TEMPERATURE: ~_fa..° High ~ Low O Temperature Restriction Specification No. WIND: I-I None ~ Slight RAIN: [] None ~[] ' t ~ Heavy [] Showers PAIN DURATION: [] 0-2 Hrs. ii~24 Hfs n 4-6 Hrs. [] All Day WORKING CONDITIONS: [] Excellent n' Good [] Fair [] Poor DURATION OF ACCEPTABLE CONDITIONS: n Acceptable [] More Than 50% C~LesTThan 50% [] Unacceptable All Day of Work Day o~rk Day .All Day SOIL CONDITION: [] Dry [] Wet li~ Extremely Wet EFFECTS OF WEATHER ON MAJOR WORK ITEMS (CHECK COI'qTRoLLING ITEMS) .... ' .... ................................. N$ Eff~t .... 'E}'f~ci~ ~ ' ' Effect'ed M6r~ .... lqo' W6rl~ ...... Major and/or Controlling Work Items All Day than 50% of than 50% of All Day Work Day WQrk Day [] [] [] [] [] [] [] [] GENERAL coMMENTS: ~r^'rc or m.o~,~,/, Dm~^,~m~r~ or r~s~o~ DAILY ~PORT OF CONSTRUCTION '~ ~U~ON ~. ,~~:E~E%~::{., .~: :. ~.'~ :..~b~~'~:~~.~,-:~:;: ? .:~ ;..~:: :.:..~:.:.',::*¥'.':,~:. : ..'~?~:~.~'./~,:;~ ~;~.:~:~':~:'.:~.~::f~,~ :~~ ~~ ~s -. . ............................. / :-.:.;.~.:..-:.. . ;.:~ ::~: ~: :.~.! ~ ~: : -'./.: ?--....~..: >.' ...... . .... ..'..'..:--.~-+..&::.<..~:~ ..<. -':::::::-':::~-x~'~:~.4::::::::: ;urr. ':OREMAN ' /~)' ~,EMI COMMON m~ ~u~ mc~s~ to~v ITEM NO. I~M QUANTITY~: :: : ~MA~S AND CALCULATIONS NOV 1 3 2001 I)AII.Y Ri'.'PORT OF COUNTY lOB NUMBER: F.^..10B NO.: BID NO.: DATE: DAY OF WEEK: CONTRACT DAY NO.: 60111 N/A 00-3054 / ,V~,~r.~ ~c~.7 WEATHER CONDITIONS: n Clear C] Partly Cloudy' n Heavy Clouds UIFog TEMPERATURE: ~:~o High '~! ° Low [] Temperature Restriction Specification No. _ WIND: O None n Slight [-{ Strong RAIN: n None n Light n Heavy [] Showers RAIN DURATION: O 0-2 Hrs. n 2-4 Hfs [] 4-6 Hrs. 1-1 All Day WORKING CONDITIONS: [] Excellent n Good [] Fair n Poor n Bad DU1LATION OF ACCEPTABLE CONDITIONS: Ui Acceplable l-1 More Than 50% F-I Less Than 50% E3 Unacceptable All Day of Work Day of Work Day . All Day SOIL CONDITION: n Dry [-I Wet I-} Extremely Wet Eh:nets OR V,~^t~£r ON M~oR'Wo~x rr~MS ~CnEC~ c0mXOLU~o ~MS)~ ' ................................ N6 Eff&t .... 'Err&ica idsi ' ' Etf~ct'ed l~i6r~ .... lqo' V~&i ...... Major and/or Controlling Work Items All Day than 50% of than 50% of All Day Work Day .Work Day ~-~ki ~ D [] [] [] L~I,a., ~__~ ~ [] [] [] [] ~;o, ~ ~ ,'z~'~ [] [] [] n - [] [] [] 0 [] [] [] [] GENERAL COMMENTS: STATE OF FLORIDA DEPARTMENT OF TILANSPORTATIOIq DAILY REPORT OF CONSTRUCTION FO~.~ .. CON.S~UCnO~. 0, CONTRACTOR: BE'ITER ROADS SUPT. FOREMAN S KH ] SEMI SKIT _I CONfMON TP. AINEE A~R COMPR~SOR CUL~P~OR / / ~'ER BRiM ~UC~. DUMP A~R HA~M ER D~GU~E ~ { POLYP ~UCK. ASPHALT PAVER ~R~I MOVER ROLLER.STEEL WilEEL / ~UCK. ASPHALT DI~IB~OR / _/ ~ON~NO LOADER ROLI.ER.~A~C ~UCK. ~N[ / BACKIIOE HA~ UNER ~ ROLLER. VIS.TORY ~ TRUCK. PICKUP ~NCK~ BUCK~ G~TOR ~ SPR~O~, ~X ~E~ ~ ~a~TOR / / M~ G~DER ~R, F~ ~ ~ ~u~ ~S~T ~O~ ~UA~ ~C~AS~ TODA~ iTE~ NO. ~ [TE~ ~UANTiTY ~ ~A~S AND CALCULATIONS , NOV 1 3 2001 pg. ~ i I)AII.Y RI';I'ORT ¢)1" WEATHER CONDITIONS: n Clear ~ Partly Cloudy ~avy Clouds ~ Fog TEMPERATURE: ~ ' High ~' Low ~ Temperature Restriction S~cification No. ~ WIND: ~ None ~ight ~ng ~IN: g None O Lighl m heavy ~ Showers ~IN DU~TION: g 0-2 Hrs. ~ 2-4 Hfs ~ 4-6 Hrs. ~II Day DU~TION OF ACCE~ABLE CONDITIONS: -/ ~ Acceptable ~ More ~an 50% ~ Less ~an 50% ~ UnacCeptable All Day of Work Day of Work Day .All Day SOIL CONDITION: ~ D~ a Wet ~xtremely Wet ~S OF W~A~ER ON MMOR WORK ~MS (CHECK CO.ROLLING I~MS): · - - ................................... N6 Eff~l ..... Etf~cie8 ~si ' ' Effected M0ri .... fid W6r~ ' ' Major and/or Controlling Work hems AIl Day ~an 50% of than 50% of fill Day Work Day Work Day . O 0 0 0 0 0 0 0 GENERAL COMMENTS: No._ I ~ g ,~'~-_~ NOV 1 3 2001 Pg- J : ..; .': .: i.ii ~ :.~i::iq.~~.I'7-:'' ' ?; ".- J .-~:~P':~5: :' ~''' -7 ::' '. ? ~' Page STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIOH DALLY REPORT OF CONSTRUCTION r~ ?_ _-.,,.., . . .. ...................... . SUPTo FOREMAN SKU ] ~.D SEMI SKI~] COMMON / ~, Cb TRAINEE · --: .5: ::-::.:: .: :.:: :?:: :-::: :,: :::i.::::::'::: ::,- ". :. ' ' ':":'" :' :""' '¥' '::: EOUIPMENT:!(AGTIVEIIDI~E) i :i !:i::? i:. !:: ~iii:. :! ::::::::::::::::::::::: "' ^ .I .... :: i. :: ..... : : · ^IR H^M~ER DItAGUNE ~-* / I'UMr TltUCK. Ft. ATBEO / BACKIIOE HAND UNER ~' ROLLE~.. V1B~ATOR't' ~, TKUCK, PICKUP CONCRET~ BUCKET CENF..RATO~ / SPREADEr. BOX ~-' CONCRETE SAW ,~:~[ANICAL TAMP SI~.ADEIt. S~ CONCItlET[ $C~'1~1~ HILUNG MACHINE SHE. ADE~,. F'i~,T~IJZ,FJ. CONC'~.ETE V~BI.ATOR ~'~ M(~O~ G~.ADFJ~ '~I. AC'~O~ FAll,fl ~,.~,i~.:~'~ ............... ,h-.~,~.-, ..aZ,~&' - "1 ' '~.,~,( ,~E-& ..... CONTRACT QUANTITY INCREASES TODAY iTEl',/:NO:" ITEM quA~fi~': ~!::.! :::i! ':: I:LF_.M^R]~ AND CALcULAT'i0~$' : MNt/ t 9 qnn! :7OUNTY lOB NUMBER: F.A. JOB NO.: BID NO.: DATE: DAY OF WEEK: CONTRACT DAY lqO. 6011l N,^ 00-3054 ~/~¢,/~ / ~ I)AII.V RI':I'ORT ()1.' COUNTY JOB NUMBER: F.A. ]OB NO.: BID NO.: DATE: DAY OF WEEK: I CONTRACT DAY 60111 N/^ 00-3054 ~,//~,~ / .~/~/ [ .o~ ~ WEATHER CONDITIONS: V! Clear [~l'"'~artly Cloudy [] Heavy Clouds Vl Fog TEMPERATURE: ~' High ~,.~' Low ,..~lperaEure Restriction Specilicafion No. __ WIND: [] None n Sligh~ RAIN: [] None [] Ligh~ ~t.~e_~? [] Showers RAIN DURATION: [] 0-2 Hrs. [] 2-4 Hfs [~V4-6 Hrs. [] All Day WORKING CONDITIONS: VI Excellent [] Good [] Fair [] Poor DURATION OF ACCEPTABLE CONDITIONS: VI Acceptable [] More Than 50% [] Less Than 50% [3~nacceptable All Day of Work Day of Work Day .Ali Day SOIL CONDITION: [] Dry [] Wet mely Wet EFFECTS 0r WE^THEg ON M,~OR WORK ITEMS ¢CHEOC CONTrOl-LInG ITEMS~: ................................... N6 Effe~:t .... 'Ei'f~cied idsd ' ' Effect'ed M0r~ .... iqo' WSri~ ' ' Major and/or Controlling Work hems All Day than 50% of than 50% of All Day Work Day Work Day [] [] VI [] GENERAL COM~ENTS: , NOV 1 3 2001 Page STATE OF FLORIDA DEPARTM£NT O1': TRANSPORTATION DAILY REPORT OF CONSTRUCTION ro~u~ ~0 CONSTRUCTION., P&Ic .: .: :-: .:.:: ======================= *::~:?.?*~::~:.: *., CONTRACTOR: BETrF, R ROADS .-- ...*..:....:..:.:. ;.*..: ....;....::..:::.:,, .',~._~.:.:-:-:...-.* . . .......: ...:...: :.:.:: ::?.:? ::: ,.:: :,..~:::~.~..c~: .,' 3i ! i !-:!::':'.: ...... T~INEE kt~ COMPR~SOR CUL~PA~OR / / ~WER BRiM ~ ~U~. DUMP AIR IIAgIMER D~GLIN~ ~ / PUMP ~K. ~TBED  ASPHALT pAVER ~R~( MOVER ROLLER.STEEL WHEEL ASPHALT Ol~la~OR / / ~O~END LOADER / ROLI.ER.~A~C ~ BUL~R HARROW-/ ~OTAR%' ~IXER / ~K. WA~ CONCR~ B~K~ G~TOR / SPR~D~. BOX ~ SY$~ CO~ QUA~ ~C~AS~ TODAY NOV 1 3 2001 COUNTY JOB NUMBER: F.A. JOB NO.: BID NO.: DATE: DAY OF W~K: CONTACT DAY DAII.Y RI':i'OI~T ()i: I COUNTY JOB NUMBER: F.A. JOB NO.: ] BID NO.: [ DATE: ] DAY OF WEEK: CONTRA~..i D ~o,,, I 00-3054 'l~,~,~ [ ~',a--/ '~)~ WEATHER CONDITIONS: D Cl~ar ~rtly Cloudy' ~ Heavy Cloods DFog TEMPERATURE: ~ High ~ow ~ Temperature R~striclion S~cificalion No. ~ WIND: ~ ~' ~ Slight ~ Slrong ~IN: ~ Non~ ~ Ligh~ ~ Heavy ~ Showers ~INDU~TION: ~ 0-2 Hrs. ~ 2-4 Hfs ~4-6Hrs. ~ All Day WORKING CONDITIONS: ~ Excellent ~ Good ~ Fair ~r ~ Bad DURATION OF ACCEPTABLE CONDITIONS: ~ Acceplable ~More Than 50% ~ Less Than 50% ~ Unacceptabl~ All Day of Work Day of Work Day .All Day SOIL CONDITION: ~ D~ ~ Wet ~emely Wet E~SO~-W~A~ER 6N M~QR woRK I~MS (CHECK CONTROLLING I~MS~: · .................................... N6 Effect ..... Eff6cied ~s~ ' ' Eff6cted M0r~ .... ilo' W6rl Major and/or Controlling Work hems All Day ~an 50% of than 50% of All Da~ Work Day Work Day 0 0 0 0 0 0 0 0 GENERAL COMMENTS: Exhibit B RFP # 54 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 54 - Structure S-30 Modifications JUSTIFICATION: To accommodate land owner's (Parcel 116 along Pine Ridge Rd.) previous agreements made with Collier County. ADDITIONAL PAY ITEM: 1 100-154 S-30 MODIFICATION 1 LS @ $ 2185.31 = $ 2185.31 TOTAL ADDITIONAL AMOUNT $ 2185.31 DAYS ADDED = 0 NOV 1 3 2001 FL LJ~ 1~170 Collier Count. Public Works Engineering Department WORK DIRECTIVE CHANGE Project Name: Pine Ridge Road Change #: Date of Issuance: 3/20/01 Effective Date: 3/20/01 Owner: Board of County Commissioners Job #: 60111 Contractor: Better Roads, Inc. Engineer: CH2MHILL You are directed to proceed promptly with the following change(s): Cut hole in proposed Structure S-30 and install (supplied by other) Flash board Riser System which will control the amount of water on the owners property, Parcel 116. All work shall be done in accordance with the contract documents and in compliance with all applicable County ordnances and other requirements. Justification: To accommodate Land owner's (Parcel 116 along Pine Ridge Rd) previous agreements made with Collier County. Ifa claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Prices [] Contractor's records [] Lump Sum [] Engineer's records [] .Other ......... [] . Other ................ Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ 2,185.31 Increase or decrease by 0 calendar days. RECOMMENDED: AUTHORIZED: CEI Consultant Project Engineer Owner's Representative NOV ! 3 2001 3121101 - W - 0003 Wo~ O~r~::llve Change S-30 Mod~Ocaq~"~s doc Florida State I,[nclerground= ~ /RECEIVED Mar/:h 2, 200.1 [ [~lR 0 5 2000 1 Mr. Victor Holcomb, Project Manager [BY: Better Roads, Inc. P.O. Box 9979 Naples, FL 34101 Re: Pine Ridge Road 6 Lane Improvements Structure S-30 Modifications Dear Vic: Yesterday you indicated to me the county would like a price to modify the structure S-30 west of Good Earth Drive. After reviewing in the field structure S-30 and the owner supplied Flash Board Kizer System which the adjacent land owner wants attached and installed to structure S-30 I present you the following price. Unit Item Description Quantity Price Total 1. Core bore hole inside wall of existing structure 1 Ea $ 650.00 $ 650.00 2. Install owner supplied flash board rizer in to opening 1 Ea 850.00 850.00 3. Down time incurred during placement of'S-30 structure 1 Hr 356.25 356.25 4. Re-Mobilization 1 LS ' 225.00 225.00 Total $2,081.25 Please review and forward to the proper party. Florida State Underground will commence the work upon your approval, ! Very truly, ~, .~__.~.__~ Thomas P. McKimm President T PM/mk N0.'~ NOV 1 3 2001 copy to file 4540 DOMESTIC AVENUE · NAPLES, FLORIDA 34104 · 643-6449 ° FAX: 643-6891 COLLIER COUNTY GOVERNMENT TRANSPORTATION DIVISION 3301 E. TAMIAMI TRAIL TRANSPORTATION ENGINEERING AND NAPLES, FL 34112 CONSTRUCTION MANAGEMENT DEPARTMENT (941) 774-8192 SUNCOM 751-8192 FAX: (941) 774-9370 June 6, 2001 Mr. Tom Primavera WilsonMiller, Inc. 3899 Golden Gate Boulevard West Naples, Florida 34120 Re: Project # 60018 Pine Ridge Road (Airport-Pulling Rd./CR31 to Logan Blvd.) Modifications to Drainage Structure S-30 Dear Tom: As we had previously discussed, the County desires to modify the plans for the construction of drainage structure S-30 as detailed on plan sheets 35 and 93. This issue was addressed by a "Work Directive Change" authorized on 03/02/2001. Please allow this letter to serve as written authorization to revise the structure to provide the installation of the existing control weir as requested by the property owner (parcel # 116) Mr. Frank C. Craparo. Should you have a question or comments please call me at (941) 774-8192. Thank you. Sincerely, Project Manager Collier County Transportation Engineering & Construction ' Management Department cc: Dale Bathon, P.E., Senior Project M~tnager File: 60111.03 NOV' 13 2001 Exhibit C RFP # 55 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 55 - Livingston RD Drainage Improvements JUSTIFICATION: To provide drainage of existing drainage swale along Lt. side of Livingston Rd. These improvements will meet future expansion plans of Livingston Rd. QUANTITY INCREASE.' 1 425-2-91 MAN HOLE J-8 (<10) 2 EA @ $ 2,146.20 EA =$ 4,292.40 I 430-11-338 PIPECONC. CULV. CLIII36" 169LF@$ 67.50LF = $ 11,407.50 1 430-984-238 M.E.S (CONC. PIPE ROUND) 2 EA @ $ 2,171.00 = $ 4,342.00 TOTAL INCREASED AMOUNT $ 20,041.90 ADDITIONAL PAY ITEM: 1 100-155 LIVINGSTON RD HEADWALL REMOVAL 1 LS @ $ 1,758.75 = $ 1,758.75 TOTAL ADDITIONAL AMOUNT $1,758.75 Note: See Attached Work Directive Change. DAYS ADDED =3 NOV 1 3 2001 10r2.2./01 - w - 0003 RFP 55 1 ivingst~3~ drainage i~ts FL Lic. Collier County Public Works Engineering Department WORK DIRECTIVE CHANGE Project Name: Pine Ridge Road Change #: Date of Issuance: 3/26/01 Effective Date: 3/26/01 Owner: Board of County Commissioners Job #: 60111 Contractor: Better Roads, Inc. Engineer: CH2MHILL You are directed to proceed promptly with the following change(s): Install 36" pipe, two J8 Manholes, 36" MES and remove existing Headwall at approximate station of 1054+20 LT per Agnoli, Barber and Brundage plans (Sheet 1 of 1 Feb 15, 2000). Perform Dip down of 8" WM in conflict with above 36" RCP at Station 1054+25 All work shall be done in accordance with the contract documents and in compliance with all applicable County ordnances and other requirements. Justification: To provide Drainage of existing Drainage swale along the LT. side of Livingston Rd. This design will also meet future expansion of Livingston Rd. The Following are Item #,s will be effected:. Increased Quantities:(The two prices below were established Contract Pay Items.) I 430-11-338 PIPE CONG. CULV. GL III 36" 169 LF ~ $ 67.50 LF = $11,407.50""xI 1 430-984-238 M.E.S (CONG. PIPE ROUND) 2 EA ~ $2,171.00 EA. =. $4,342.00 // 1 425-2-91 MAN HOLE J-8 (<10') 2 EA ~ $2,146.20 EA = $4,292.40~.p Added Item Livingston NW Comer Head Wall Removal 1 LS ~ $1,758.75 EA = $1,758.75,~,,,d 8" Dip Down at 1054+25 LT ILS ~ $5,452.07 LS = $5,452.07 If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Prices ['--] Contractor's records [] Lump Sum [] Engineer's records [] Other [] Other Effect on Critical Path. The. Contractor would have to pull a crc vott ..~- N~ ITeM job to perform the work. No'.'-'[ ~ _~" Estimated increase (decrease) in Contract Price Estimated change in Contract Time ~- v $ 27,252.72 Increase or decrease by 3 ealen~c~a],~ 2001 CEI Consultant Project Engineer Owner's Representat~w Match 7, 2001 Mr. Victor Holcomb Proieet Manager Better Roads, Inc.' P.O. Box 9979 Naples, FL. 34101 RE: Pine Ridge Road 6 Lane Improvements Li~angst0n Road and Pine Ridge Road Utility Modifications Dear Vic, In accordance with thc plan drawings by Agrtoli, Bartx~r and Brundag¢, Inc. thc following are hbor and material costs to construct the improvements at the northwest comer of thc Pine Ridge Road and LivingSton ROad intersection. They are as follows: Item_ pescrlption Quantity Unit Price TotalPrice 1. 36" RCP 169 If $ 67.50 $ 11,407.50 2. 36" IVIES 2 ea $ 2,171.00 $ 4,342.00 3. Manhole Type J-8 2 ea $ ~;645.00 $ 4. Headwall Removal Iea $ 1,675.00 $_ 1,675.00 TOTAL PRICE $ 2Z,?14.50 An additional three (3) contract days will be requked to per[btm this work. Please review the~/~tems. Upon your approval I will expedite this work. thank you, /// Presiderff NOV 1 3 2001 Tl~M/r,.:vk - .... r-,,,.'-.~,,,cc'r,,r ,.,,X/CL',,.J, If: . r,,,d,A, Pl I::-c-, F:IC)RII~,A, 34104 · 64.'l-bllq ' [:IX.: 643-6891 Project Calculated by: Date: Checked by: Date: Sheet of Scale: NOV 1 3 2001 Exhibit D RFP # 59 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 59 - "L" WALL JUSTIFICATION: To eliminate extremely steep slopes in area at station 1126+90 ( in front of The Crossing Plaza) QUANTITY INCREASE: 1 430-11-329 PIPE CONC. CULV. CL III 24' 11 LF @ $ 29.60 LF -- $ 325.60 1 430-11-329 PIPE CONC. CULV. CL III 48" 24 LF @ $ 97.35 LF = $ 2,336.40 TOTAL INCREASED AMOUNT $ 2,662.00 ADDITIONAL PAY ITEM: 1 100-159 "L"WALL 1LS@$ 10,158.75EA= $ 10,158.75. TOTAL ADDITIONAL AMOUNT $10,158.75 Note: See Attached Work Directive Change. DAYS ADDED -- 2 NOV 1 3 2001 Pg. ~ 10/?.2/01 - W - 0003 RFP 59 L WALL FL tic, M.C-000O170 Collier County Public Works Engineering Department WORK DIRECTIVE CHANGE Project Name: Pine Ridge Road Change #: Date of Issuance: 5/17/01 Effective Date: 5/17/01 Owner: Board of County Commissioners Job #: 60111 Contractor: Better Roads, Inc. Engineer: CH2MHILL You are directed to proceed promptly with the following change(s): Place "L" wall using Class II concrete at station 1126+90 Rt. and extend 48" and 24" RCP to "L" wall. Per CH2MHill design. All work shall be done in accordance with the contract documents and in compliance with all applicable County ordnances and other requirements. Justification: To eliminate extremely steep slopes in area of proposed "L" End wall. If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: [-'] Unit Prices [] Contractor's records [] Lump Sum I"'] Engineer's records I-'] Other [~] Other Effect on Critical Path Items Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ 12,820.75 Increase or decrease by 2 calendar days. RECOMMENDED: AUTHORIZED: Owner's Representative '~141 - b4..~-t~'.4~ 'INF .~n [h~n ~ ~ IIn~ I~al ~ _ ....... B~ BI~ ~IO~M CONST ~ C~,i rcr ~ '~~' '~ 32560 RE~V~M~ S [ ' l~J ~75.~ 275.00 _. ~o~;~,~, ....... ~.._ '~.1_..~~ SUBTOTAt 1~.~ TOTAL 1~.~ R~K ~CAVA~ON ~ N'OT INCLUDED IT WILL ~E AN ~DITIO~ 2 CONTACT AG~'qDA, iTEM NOV 13 2001 Florida Underground. FA(TSIMILE COVER SHEET C~TANy PEILqON DATE: ,~__/z~'/~ / F AX NO.: .... _ ...... FROM: THOMAS P MCK~, PRES FA~D BY..__ ~ORIDA STATE UNDERGROUND, IN(;. Nt~BER OF PA(;KS INCI.I JDtNG CO~R CONhMENTS 5tOV 13 2001 PI,EASE CAI,I, (941) 643-6449 IF Y{)I) DID NOT RRCF. IVR IltlS FA(..'SIMILE IN ITS 15Nll RE't 5' Tills INFORMATION WII.I, WII.[. NOT _. BE FOLLOWED UP VIA MAIL OR OTltt".R Mt.'ANSi '1'(,) IKE FI, JtLN A FAX, PI.EASE DIAl. (9'11)643-6591 .,-,,., r',r,~,r<~f' AVFNlll - NAt'I!<, FLf)RII),\ ;~,.1104 - h4 ~-&4.1") - fAX Florida May 14, 2001 Mr. Brian Kelly Wilson Miltcr 3200 Bailey Lane NupIes, FL. 34105 RE: PINk: RID(.3[-'. ROAD 6 I.A.N}:. IM}'I4()\;i-'Mt.:NTN [J-\V/\I ,I. Dear Brian, As a Ii)ilow-up to or. Ir convcr.sat~ons last week. I rcvt,'wcd my bid and Ikmnd lhut thc ti~tiI price bid for thc L~walI to bca fi~ir pricc. Thc unit pricc provided in our ct~rltr:lct took into accm.,[ l~adwalls ~th large ;md small, (tcw,~tct ing. l~rccast and poured-in-place structures Thc costs where then averaged ot~l ~r a t~ical FDOT hcadw;dl to come up xvith a unit price. This shaped hcadwa[[ is s~cial ~ design and will he poured-in place. The inx, mqs of the pi~- ordering thc hmndwall are not the ~c elevation This headwall docs nor have s~and;~d ]Brum to bc rc used. Fl:is informatiol),4¥ i[~cing provided as clarification fiw it.,; costs. Should you have any please ~11. ~i'csi(lcnt ~ NOV 1 3 2001 4540 DOM[SrlC ^Vt-NtJf - NAI'II-S, t-I_()RII)A 34104 ,, b43 b44L~ '" lAX' mx'rE FROM: RALPH ANDREW III FAXED BY. PROJEC I NLau'qAGER Nt,~vmE~ Or P^GF.S ISC~.UD~NG COVER Please call (914)643-6449 if you did not receive this facsimile in its entirety. This information will jr--// will not be followed up via mail or other mean;. To return a fax, please dial (941) 643--689I ~ AGll!NDj~ I~ NOV 1 3 2001 ,1:;.1o I)('~MFqTIC AVENUE · NAPLES, FLORIDA 3410,1 · 643-6449 · FAX: 643-6891 " ~Ol ~?~q t 'd eEO:GO [0 ~O 3dU Project WilsfinMiller PIN -~,~-_ _ _ Task/Subtask Calculated by: Date: ~' Checked by: Date: Sheet of Scale: Proposal FLORIDA STATE UNDERGROUND, INC. 4540 IDorn~astlc Ave Naples, Florida 34104 (941) 643-6449 Fax (941) 643-6891 PROP(,),5,AI ,qUGMII ltd TO PHC)N~: ['~J~Hn r !:~ O~ d.%_ DATE r .'~R T= ? 7.31 .'11.~0101 13391 S.N 31 JOB NAME ~-- . -- Pine Ridge road 6 lane improvements SfATr. ~,,,d Zm c~" .]OU LOCA r~-'----u~ Punta Gorda Na les DAZE OF PLANS JOB PHONE Jan 2000 We h~reby '.,ubrnrt si:x~l'icat~ and e"stn'nates LABOR AND MATERIALS AS PEP, THE ATTACHED .... STIPUI A I'I()NS NOI IN CONI'RAC r 1. Rock excavation is not included 2. It will take an additional 2 contract days to preform this work WE PR'O-'-~_~_ ~;re~,-lo l'umish material a~ la~r- ~mplcte in acco~ance ~th a~ve s~fi~tions, for the sum of: Pa~ntto~~F~f~. . Dollars (~ 12,385 ,~qr.~ ~] 1o ~.~d ~ct~c~. ~ aP~r~n ~ ~ ~ a~e Suth°r~ " ~~r~lr¢. ~rwflrO' t~o~¢ Note. ~is pro.sol may be ~~ by us if not accepted tn~ra~e. ~th~n S da~ ACcEPTAncE OF P~O~SAL 7 T~ ~ ~. ~,r~,o.** ~G~NDA'i~ ,f 'd e [0 :GO I 0 ~0 JSU Exhibit E RFP # 60 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 60 - Signalization Power Service Relocation. JUSTIFICATION: To resolve a conflict between proposed ditch and existing power service (not located on plans) for 1-75 South Bound off Ramp signalization. ADDITIONAL PAY ITEM: 1 100-160 SIGNALIZATION POWER SERVICE RELOCATION 1 LS @ $ 1,363.95 = $ 1,363.95 TOTAL ADDITIONAL AMOUNT $1.363.95 Note: See Attached Work Directive Change. DAYS ADDED = 0 AG ~ ~,ID.¢, iTEM -' NOV 3 2001 10,22,3; - ¢,,' - CC03 RFP 60 Si§nalizat~on Power Ser¥ice Collier County Public Works Engineering Department WORK DIRECTIVE CHANGE Project Name: Pine Ridge Road Change #: Date of Issuance: 3/29/01 Effective Date: 3/29/01 Owner: Board of County Commissioners Job #: 60111 Contractor: Better Roads, Inc. Engineer: CH2MHILL You are directed to proceed promptly with the following change(s): Install direct bur3' cable to provide power for existing signals from Sra. 1097+00 +/- Lt. to the controller cabinet at Sta.1100+95 Lt. All work shall be done in accordance ~vith the contract documents and in compliance with all applicable County ordnances and other requirements. Justification: To resolve a conflict with existing power sen, ice for signalization (not located on plans) and proposed ditch. Ifa claim is made that the above change(s) have affected Contract Price or Contract Times an3, claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Prices [] Contractor's records [] Lump Sum [] Engineer's records [] Other [] Other Estimated increase (decrease) in Contract Price Estimated change in Contract Time: 5 1,363.95 Increase or decrease by 0 calendar days. RECOMMENDED: AUTHORIZED: GEl Consultan~nginecr Own'er's Representative , AG~NO~ NOV 1 3 2001 March 26, 2001 LQ.J__~~,~ ~ 1 WilsonMiller, Inc. Pine Ridge Road Project Office 3899 Golden Gate Boulevard West Naples, Florida, 34120 ATTN: Tom PrimaCera, C.P.E. Manager, CEI Services RE: Pine Ridge Road Six Laning Project No.: 60111 Traffic Signal, 1-75 Dear Tom: Pursuant to the Contract Documents we are xvriting to notify you of costs related to thc referenced. Please review the attached letter from our Subcontractor, Mid Continent Electric detailing their cost for an unforeseen condition encountered in the vicinity of 1- 75 NW at Station 1097+00. Wc arc requesting thc relief due us by Contract, including but not limited to time and prorated increases to Mobilization, Maintenance of Traffic and Survey. If you have an5, questions concerning this issue, please do not hesitate to contact this office. Respectfully submitted, BETTER ROADS INC. ~stino ~ice President , fqo.AG E~'~D~IT~g NOV 1 3 2001 Please Reply To: PO BOX 9979 · 5590 SHIRLEY STREET · NAPLES, FLORIDA 34101 · (941) 597-2181 · FAX (941) 597-1597 13391 SR 31 · PUNTA GORDA. FLORIDA 33982 · (941) 567-2231 · FAX (941) 567-2250 4456 TAM1AMI TRAIL · SUITE A7 - CHARLOTTE HARBOR, FLORIDA 33980 · (941) 743-2816 · FAX (941) 566-2737 PO BOX 1908 · 2830 OLD STATE ROAD 8 · LAKE PLACID, FLORIDA 33862 · (863) 465-5797 · FAX (941) 597-6609 Mid-Continent Electric Inc. To: IR From: Jim Smtth cc:. Pine Ridge VVidening, 5319 Date:. March 28, 2001 Subjec~ 1-75 Traffic Signal Feed, Existing "Unforeseen Condition" "REVISED PRICING" Dear JR, Please note that existing traffic signal service, underground conduit (NI/V corner, Appro:cirnate Station #1097+O0), for the southbound off ramp traffic light is installed in the rtew ditch bottom being constructed on the above referenced project and is not addressed in the project plan documents. This is an unforeseen condition and ~uld not have been inclusive of our bid. We have provided a pricd to correct unforeseen condition and alIow for the new ditch bottom to be constructed. Since thc new traffic signal service is being placed on the south side of Pine Ridge Road MCE suggest a temporary splice to the existing service t~qth a direct buried cable and abandoning cable in place after new electric service and traffic signal is con.~tructed and placed into permanent operation. Please find enclosed estimated cost to provide temporary splice. Should you have any questions or concerns, please do not hesitate to call. Furnish and Install direct buried cable for Temporary Traffic Signal Feed; $1,299.00 Sincerely, -- -'-'--'~-~"~-'~ AGE4~D~,~ iTEM NOV 1 3 2001 F~g..~ .~-~ Additional Work I Change-Order Price 8pried-Sheet. Project No.: 60111 County: Collier Location: Pine Rkl~e R(:~cl Widening, CR 31-Lo~n Blvd. , Submltted By: Mid-Continent Electric, Inc. 4586 Pro, rems Ave. ,Naples, FL 3~,104 Description of Work Proposed Bid Item: Direct Buried Cable Quantity: I 00 Is Comment~: ~ng~mnun~3e~en i~,.nand~a= u~:c~-ed (~rfa3g t~ ~tXmolne~(~ I:x~tom Labor w'J(h Burden ~ ~ FeJ:la4~ k'x3:)rr~ TI~. ~ F, aw::~rliy Tax. M~,~-..c. irm Tmz. Wo,~T~n De~c~tion Hourly Rate Bulden Co,t R~e . Hours Coat £xionsion Foreman / Supv. $14.50 $9 90 $24.40 8 00 $195 24 Foreman I Supv. (OT) $20 25 $13.83 $34 08 0.00 $0.00 Installer $11.00 $7.61 $18.51 8.00 5148.11 Installer(OT) $10.50 $11.27 $27.77 0.00 $0 Unskilled Labor $7 50 $6.12 $12.62 8.00 $100.99 Unskilled LaborCOT) $11.25 $7 68 $18.93 000 Transport Driver 512.00 $8.20 $20 20 0.00 $0.(30 Labor Cost Total $*.~4 34 Material= :,nd Supplie~ ~ Quanta, Price C.o~ ~xt, n=~on ~4 ~ Bu6ed Cabte 300.00 $1.30 $390.00 0.00 $0.00 $0.00 .. 0 00 50.00 $0 00 0.00 $0.00 S0.00 .. 0.00 $0.00 $0.00 0 00 S0.00 $0 00 Matedal Cost Total 'Includes Sales Tas & Frei( $390.00 Equipment Cha~es D~scr~lon Houdy R~ Hour~ Cost Ex"tension Pick-Up Truck with Tools $8.71 8.00 $69 Bucket Truck $16.75 0 00 $0.00 Trencher, Truck. Trai[er $18 60 0 O0 $0.00 Boom Tn.m_~ / Lilt $23.80 0.00 $0 0,3 Skid Steer / Trailer $15.87 0.00 $0.00 Trencher $22 60 8.00 $1~0.~0 Lowboy/Semi $57.93 0.00 $000 Line Truck $47.50 0.00 $000 Equipment Cost Total Sub-Contract Ch'arges .......... I:)~r~n ' Quantity Price Co~ Exile,on ~- - - 0.00 $0.00 $0 O0 - - 0 00 $0.00 $0.00 Sub-Contract Cost Total ' ' Da .sC~._~::~-~ Co~{ To~I' MlfkA.Jp Rate M~,~ Up Fxlmn~lon --' Libor ~th Burden Coat $444 34 25 0% $111.08 - ,~,~'5'~,2! Material & 8upplls~ C~t $390.00 17.5% $68.25 5458 25 Equipment Coat $250.48 7 5% $18.79 $269.2 Sub-Contract Coat $0 O0 I 0 0% All Cc~et~ ( BOND & LIABILITY) $1.084 82 I 5% $16.27 $16.2/' Pdt. [ Tota Direct Buried Cable 1 I~ 99.21 NOV 1 3 2001 ....... p.,F-FGO Exhibit F RFP # 61 RE.: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier Coqnty RFP No. 61 -TYPE "A" FENCING JUSTIFICATION: To replace fencing that needed to be removed to install storm drain at the South Bound off ramp area of 1- 75. ADDITIONAL PAY ITEM: 1 550-1-1 FENCING, TYPEA 500 LF @ $ 8.40 LF = $ 4,200.00 1 550-4-1 FENCING PULL & END POST ASSEMBLY 4 EA @ $ 420.00 EA = $ 1,680.00 TOTAL ADDITIONAL AMOUNT S 5,880.00 DAYS ADDED = 0 AGEHD4~ ITEM NOV 1 3 2001 ~,0¢22.'01 - ,¥ - 0C03 RFP 51 Type A Fenmsmg KATE'S FENCING,INC. 3,1. ~ o 9 ~ooo I 3435'~UAIL DR. BONITA SPRINGS 34'1 / I PHONE 941-948-3116FAX 941-948-311~BY- -1 STATE & LOCALLY CERTIFIED DBE/MBE QUOTE: 2/14/2001 TO: BETTER ROADS JOB:Pine Ridge Widening ATTN' ~ ~/1¢__. (existing project) ITEM UNIT PRICE TOTAL Type A Line Fencing $8.00 LF Unknown Pull On Corner Assembly $400.00 EA Unknown price includes matedal & installation -'~ ,_..'/~' / ~0 ~0 t FIOV 1 3 2001 Exhibit G RFP # 62 Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Frcject No. 60111 Collier County RFP No. 62 - Box Culvert Modifications @ 1115 + 50 JUSTIFICATION: To resolve slope steeper than 3:1 and drop off at the headwall located at 1115 + 50 Lt. ADDITIONAL PAY ITEM: 1 100-162 Box Culvert Modifications @1115 + 50 1LS@$ t0,914.75EA: 10,914.75 TOTAL ADDITIONAL AMOUNT $10,914.75 DAYS ADDED=0 NOV 13 200'1 PRoPOSA BO~TA SPECS, FL 34135 .~ PH: (941) 947-3777 FAX: (941) 947-1386 P.o. BOX 9979 _. i ...... NAPL~ ~r 3~t~ PkOJ~CT FAX ~41-597-1397 QTY "~-' ['~T DESC~PTION : U~ COST TO'rAT. oN mP o~ ~STtNO HEAOWALL I2" THICK. 3~" HIGH EXCEPT AT~kNDS ~E HEIGHT EXCAVATION, BACKFILL, DE-WATE~NO OR BITUMINOUS MATERIAL NO PILINGS. SIDEWALK OR EMBED'S FOR ~)L[NO NO ENGINEERING. TESTING. gLIoGR.&OING, t OCATE'i'~. OR I R.AFFIG C04qTROL PAY~NY DUE: NET30 DAY3 NOT RESPONStBLE FOR CON.IT LES~ THAN [8' BELOw FINISH G~E IN L~ATION OF W~K TO DE PER~ORMFD ~NC[ UD~NG, DUI NOT LIMITED TO IRR~AT~N, ELECTRICAL, PLUMBING, PIP~, ETC. WE A~ NOT ~ESPON31~E FOR C[ FAN~P OF MATE~ALSINCLUDING, BUT NOT LiM~TED TO BASFR~K, DIRT. ASPHAL~.ETC. ALL MATER~L t5 GU~N~ED TO BE A5 ~PECtFIED. ACCORDING rD ~T~oARD ~ET~ES. ANY AL tEXTrON OR DFv~ FION FROM AB~E 3PE~F~ATIONS INVOLVING EXT~ CO5T3 WiLL BE EXECUTED ~LY U~N ~IITEN ~O~RS, AND WI[ [ BECO~F AN REINF~CE~NT3 LiNLE$3 NOTED. OWNER [OCARRY FIRE. ~ORNAOO AND OTHER NECEBSARYINgUR~cE. ACCEPTANCE. THE ABOVE P~CEB, S~ECIFICATIONS AND C~O~IONS ARE 8ATISFACTO~ ANO ARE HFRFBy A(;CF~ILD rAt$ PROPOgAL ~Y ~ WITHD~WN ~y U3 IF NOT ACCEPTEO ~HtN 30 DA~. POSt-lP F~ t,JOto 7671 ~$JUI ,- . l°~:~' ~ i TOTAL ~,o. ,,, Exhibit H RFP # 66 RE: Pine Ridge Road (CR 896) (from CR ,31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 66 - LIGHT POLE REVISIONS JUSTIFICATION: ChanGe from Steel LiGht Poles to Aluminum with frangible base. QUANITITY DECREASE: 5 715-511-250 LIGHTING POLE COMPLETE (F&I)(STEEL)(SINGLE ARM) 94 EA @ $2,260.00 EA =$ (212,440.00) 5 715-511-250 LIGHTING POLE COMPLETE (F&I)(STEEL)(TOP MOUNT) 9 EA @ $ 2,618.00 EA =$ (23,562.00) TOTAL DECREASED AMOUNT $(236,002.00) ADDITIONAL PAY ITEMS 5 715-511-150 LIGHTING POLE COMPLETE (F&I)(ALLUM)(SINGLE ARM) 77 EA@ $ 2,260.00 EA=$ 174,020.00 5 715-516-150 LIGHTING POLE COMPLETE (F&I)(ALLUM)(TOP MOUNT) 19 EA @ $ 2,618.00 EA =$ 49,742.00 TOTAL ADDITIONAL AMOUNT $223,762.00 DAYS ADDED = 0 qOV 1 3 2001 1O/2LO~ - W - C003 RFP 66 LIGHT POLE REVISIONS 5890 Shirley Street RO. Box 9979 4262 Canal Street Naples, Florida 33941 Ft. Myers, Florida 3391 (941) 597-2181 (941) 337-5011 Fax (941) 597-1597 Fax (941) 337-3427 WE ARE SENDING YOU A~ached 1--] Under separate cover via the following items: l~Shop drawings [] Prints 1-1 Plans [] Samples [] Specifications ~<'~y of letter [] Change order [] COPI ES DATE NO. DESCRIPTION / ~ .~/~.~ i THESE ARE. T~t~ED as check~ below: ~or Approval ~ Approv~ as submi~ D Resubmit~copies for approval ~ For your use ~ Approv~ as not~ ~ Submit.~copies 'for distribution 0 As r~uest~ ~ Return~ for corrections ~ Return~corre~ prints ~ For review and comment ~ FOR BIDS DUE. tg__ ~ PRINTS RETURNED A~ER LOAN TO US REMARKS AGEMDA.iTE. M No. [ L¢_~_ ,.~._ ~OV 1 3 200] RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 66 - LIGHT POLE REVISIONS JUSTIFICATION: Change from Steel Light Poles to Aluminum with frangible base. QUANITITY DECREASE: 5 715-511-250 LIGHTING POLE COMPLETE (F&I)(STEEL)(SINGLE ARM) 94 EA @ $2,260.00 EA =$ (212,440.00) 5 715-511-250 LIGHTING POLE COMPLETE (F&I)(STEEL)(TOP MOUNT) 9 EA @ $ 2,618.00 EA =S (23,562.00) TOTAL DECREASED AMOUNT $(236,002.00) ADDITIONAL PAY ITEMS 5 715-511-150 LIGHTING POLE COMPLETE (F&I)(ALLUM)(SINGLE ARM) 77 EA @ $ 2,260.00 EA =S 174,020.00 5 715-516-150 LIGHTING POLE COMPLETE (F&I)(ALLUM)(TOP MOUNT) 19 EA @ $ 2,618.00 EA =S 49,742.00 TOTAL ADDITIONAL AMOUNT $223,762.00 DAYS ADDED = 0 No._._L~- i'.J, 0V 1 3 2001 RFP 65 LIGHT POLE REVISIONS NAPLES, FLORIDA 34104 March 30, 2001 Mr. Joe Restino Better Roads, Inc. P.O. Box 9979 Naples, FL 34109 Hand Delivered Re: Pine Ridge Road MCE # 5319 Dear JR, I am ~witing to follow up on the conversation we have had Mth Wilson Miller and the County on changing the lighting poles on this project from galvanized steel to aluminum. This letter is our formal request for this change with the quotes from our supplier as requested. The galvanized pole quote does not include a frangible base were the aluminum pole for the same price includes the frangible base. Please forward our request and backup information to the county for their approval. Also I have included shop drawings reflecting this change for their review and approval. Sincerely, Doug Mclntyre President NOV 1 3 2001 643 0266 FAX (941) 643-582 ___ QUOTA T/ON Prepared by: Terry Worthington ob Name: 60111 Collier I puo~.e Date: -epared for: Quote No: 003,~9701 Mid-Continent Electric Location: , FL IBid Date: 4586 P r~i-~s Ave, I Architect: F~uoter: TLW Naples, FL 34104- ~ Engineer: District I Design Office IRep: DOT ~ Consultant: IPag s #: 1 ontaCt: Jim Smith QL-'/ Type Factory Catalo9 Number Unit Pdce Extension 94 Fr-JOT 715.511-250 1,662.00 156228.00 INCLUDES THE POLE, B~ACKET ARM. LUMINAIRE WITH LAMP AND ANCHO.R BOLTS POLES QUOTED AS GALVANIZED ONLY 9 Fi:;OT 715.516-250 1,356.00 12204 00 iNCLUDES THE POLE WITH TENON TOP; , LUMINAl.RE WI'F~I LAMP AND ANCHOR BOLTS POLES QUCTEC AS GALVANIZED ONLY .,~--- FC'OT 847-; 1-28 FDOTD1 FP/GV 4 750 0O ,~750 00 F.3OT 847-11-40 FDOTD1 FP/GV 4,656.00 13988.00 2 FOOT 847-11-50 FDOTD1 FP/GV 7,175.00 14350.00 2 FOOT 64%11-56 FDOTD1 FP/GV 7.773.00 15548.00 2 FOOT 647-! 1-55 FDOTD1 FF/GV 7,77300 15546 00 1 FOOT 647-11.80 FDOTD1 FP/GV 7,971.00 7971.00 2 FOOT 647-'11-82 FDOTD1 F¢/GV 8,108.00 18216 00 3 F.3OT 847-11-84 FDOTD1 FP/GV 8,108.00 2,~324 00 - ', FOOT 647-11-86 FDOTD1 FP/GV 8,375 00 8375.00 2 FOOT 647-* 1.70 FDOTD1 F~/GV 9,498.00 18996.00 ~ FOOT 647-' 1-72 FDOTD1 F~/GV 9,498 00 18996.00 ~ FOOT 647-I 1-76 FDOTD1 FP/GV 9.298.00 9298.00 '~ FOOT 647-11-78 FDOTD1 F~/GV 9,298.00 18598.00 3 F'DOT 647.~ 1.88 FDOTD1 F~/GV 10,716.00 32148,00 QUO TA TION ¢40034970"1 Prepared by: Terry Worthington lob Nam.: 60111 Collier ='epared for: Quote No; 00349701 :~uor. e Date: Mid-Continent Electdc Location: , ,~- Bid Date: 4..58~ Pro;::Iress Ave. Architect: QuoTer: TLW Naples, FL 34.104- Engineer: District I Design Otfice Rep: DOT Consultant: Page #: 1 :ontact: Jim Smith Qb/ Type Factory Catalog Number Unit Pdce Extension 94 F,DOT 715-511.250 .. 1,662.00 15822800 INCLUDES THE POLE, BRACKET ARM, FRANGIBLE T. BASE, LUMINAIRE WITH LAMP AND ANCHOR BOLTS 9 FOOT 715-516-250 1,3'56.00 12204 O0 INCLUD£S THE POLE WITH TENON TOP, FRANGIBLE T-BASE, LUMINA. IRE WI'F~ LAMP AND ANCHOR BOLTS FOOT 64%; 1-28 FDOTD1 FF/GV 4,750.00 ~750 O0 ?,DOT 847-11-40 FDOTDI FP/GV 4,656.00 13988.00 FOOT 647-11-50 FDOTD1 FP/GV 7,17500 1/35000 FOOT 64%11-56 FDOTD1 F~/GV 7,773.00 15548.00 FOOT 647-I 1-58 FDOTO1 F~-/GV 7,,"73.00 15548 00 FOOT 847-11-80 FDOTD1 FP/GV 7,971.00 7971.00 ~"DOT 847-; 1-82 FDOTD1 F~/GV 8,108.00 18216 00 F'~OT 847-11-84 FDOTD1 FP/GV 8,108.00 24324 00 F'DOT 647-11-88 FDOTD1 FP/GV 8,375.00 8375.00 FOOT 647.41-70 FDOTD1 FC~/GV 9,498.00 18996.00 FOOT 647-". 1-72 FDOTD1 FP/GV 9.498 O0 18996.00 FOOT 847.11-76 FDOTD1 FP/GV 9.298.00 9298.00 FOOT- 647-I 1-78 FDOTD1 FF/GV 9,298.00 1859800 F'DOT 647.11-85 FDOTD1 F;~/GV 10,716.00 32148.00 Exhibit I RFP # 67 RE: Pine RidGe Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No, 67 - IRRIGATION IMPROVEMENTS JUSTIFICATION: To provide additional facilities for future landscaping in median area. QUANITITY INCREASED: 520-2-1 CONCRETE CURB TYPE "A" 9,540 LF @ $5.37 LF = $ 51,229.80 575-1-1 SODDING BAHIA 3,853 SY @ $1.06 SY = $ 4,084.18 120-6 EMBANKMENT 3,000.00 @ $9.75 CY =$ 29,250.00 TOTAL INCREASED AMOUNT $ 84,563.98 QUANITITY DECREASED 520-5-88 TRAFFIC SEPARATOR (9' WIDE) 3553 LF @ $20.43 LF =S (72.587.79/ 520-5-16 TRAFFIC SEPARATOR (8.5' WIDE) 230 LF @ $21.87 LF =$ (5,030.10) TOTAL DECREASED AMOUNT $ (77,617.89) ADDITIONAL PAY ITEMS 1 430-961-216-A PVC PIPE CULVERT 6" (SCH 40)(OPEN TRENCH) 1107.00 LF @ $ 22.00 LF = $ 24,354 1 100-167 IRRIGATION ADDITIONS 1 LS @ 23,230 = $ 23,230 TOTAL ADDITIONAL AMOUNT $47,584.00 PAY ITEM NOTES: 1 100-167 Includes Mobilization, Provide / Maintain as-built plans, Provide const. Survey & Layout and Maintenance of Traffic and all other costs incurred with performing this work. DAYS ADDED = 30 AG E!r~,~TEM_M_.. NOV 1 3 2001 P~. 10,22'01 - W - 0003 RFP 67 [~agalion improvements ~-- ~~-'~ FL L~C =LC-00~170 Collier County Public Works Enlgineering Department WORK DIRECTIVE CHANGE Project Name: Pine Ridge Road Change #: Date of Issuance: 5/29/01 Effective Date: 5/29/01 Owner: Board of County Commissioners Job #: 60111 Contractor: Better Roads, Inc. Engineer: CH2MHILL You are directed to proceed promptly with the following change(s): Proceed with alternate "A" irrigation changes vchich includes, but is not limited to, additional sleeves at median crossing and type "A" curb, with sod as cover, in place of Traffic separators. All work shall be done in accordance xvith the contract documents and in compliance xvith all applicable County ordinances and other requirements. Justification: To provide additional facilities for future landscaping in median area. if a claim is made that the above change(s) have affected COntract Price or Contract Times an2,' claim for ' a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ~ Unit Prices [] Contractor's records [] Lump Sum [] Engineer's records [] Other [] Other Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ 128,063.80 Increase or decrease by 30 ca[endar days. RECOMMENDED: AUTHORIZED: CEI Consultant/~ect Engineer Owner's Representative bl0V 1 3 2001 f4~& DETTER ROADS [NC ~E,,4 PO1 HAY ~ '01 10:40 ,.- i cE. 'I"I'ER RQADS May 29, 2001 WilsonMiller, Inc. Pine Pddge Road Project Office 3899 Golden Gate Boulevard West Naples, Florida 34120 Artn: Tom Pfimavcra, C.P.E. Manager, CEI Services Re: Pine Ridge Road Six LanJng Median Landscaping D~ar Tom: We are writing to explain our pricing for the referenced. Collier Cormty proposed to change from traffic separators to curbing i.n various locations on the project. Separators are cvnstructed oa a. sphalt and locked in place with the final lift of asphalt. The change fi'om separators to curb changes the time and cost to construct considerably. First the locations of the PVC conduits have to be surveyed so that the coaduits can be fundshed and installed. Then the new curb needs to be laid out for excavation, embankment and or sawcutting of the existing paveme~,t. The existing mateFial needs to be graded, either excavated and repL'med, excavated for grade or built up to facilitate cor[stmction of the new c~trb, depending on location and profile grade of'the median area. Once the rough grade is performed the next layout for hub ,"md tack is completed. The area is fine ~aded for the curbing from this stu'vey. The curbing is then placed, saw cut and allowed to cure. Our next stc--p will be to backfill the curb, mostly by hand due to the aarrow work areas. Areas along the existing pave~nent where there is a ~ap bern, eom the new curb and cxist~g pavement fi.om tire construction of the curbing will need to be backfilled wilh asphalt, again ail handwork. As yo'a can see ~rom this explanation, construction of the new curb involves more work than the construction of the separators and costs more to construct. If there are an>, questions concerning ~is issue, please do not hesitate to contact d~Js office. Respectfully Submitted, BETTER ROADS INC. - ............. AGEi'4DAdTEM NOV 13 2001 F/ Joseph M. Restino Vice President Pg-~ Please Reply To: .... ;_~ RO, BOX 9979 ,, 559O SHIRLEY STREET ,, NAPLES, FLORi(DA34101 ,·(941)597-2181 oFAX(941) 597~1597 ~, 1'339 SR 3~ · PUNTA GORE}A, FLORIDA 33982 · (941) 567-22:31 · FAX (94'1) 587-2250 _ ,4456 TAMIAMI TRAIL · SUITE A7 o CHARLOTTE HARBOR, FLOR!DA 33980 o (94':) 743,2816 · FAX (94!) 566-2737 ,~ PO ~3OX 1908 · 2830 OLD STATE ROAD 8 · LAKE PLAC'D, FLORIDA 33852 · (863) 465-5797 · FAX (941) 597--6609 BETTER ROADS INC. CURRENT DATE 05/15/01 P.O. BOX 9979 NAPLES,. FLORIDA 34101 CURRENT TIME 8:17 AM PHONE' (941) 597-2181 FAX: (941) 597-1597 PROJECT: PINE RIDGE ROAD RFP: ADDITIONAL IRRIGATION PRICES ALT A LOCATION: NAPLES I ITEM I DESCRIPTION I PLAN IUNIT BID BID NUMBER QUANTITY UNIT AMOUNT 101-1 MOBILIZATON 1.00 LS :$3,330.00 $3,330.00 101-1-1 PROVIDE/MAINTAIN AS-BUILT PLANS 1.00 LS $1,240.00 $1,240.00 101-1-2 PROVIDE CONST. SURVEY & LAYOUT 1.00 LS $3,800.00 $3,800.00 102-1 MAINTENANCE OF TRAFFIC 1.00 LS $14,860.00 $14,860.00 120-6 EMBANKMENT 3,000.00 CY $9.75 $29,250.00 520-2-1 CONC. CURB & GUTTER TYPE "A" 9,540.00 LF $5.37 $51,229.80 4~0-961-216 PVC PIPE CULV. SCH. 40 6" 1,107.00 LF $22.00 $24,354.00 TOTAL $128,063.80 2001 WilsdnMiller 3899 GOLDEN GATE BOULEVARD WEST, NAPLES, FLORIDA 34120 PHONE: (941) 348-3920 FAX: (941) 348-3921 WMCEI2~^TT.NET RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County Alternate "A" Additional Quantity Summary 520-2-1 Type A Curb 9540 LF X 5.37 = $ 51,229.80 PVC SHC 40 Open Trench 1107.00 LFX 22.000 24,354.00 575-1-1 Sodding Bahia 3853 SY X 1.06 = 4,084.18 520-5-88 Traffic Separator (9' Wide) 3553 LF X 20.43 = (72,587.79) 520-5-16 Traffic Separator (8.5' Wide) 230 LF X 21.87 = (5,030.10) 101-1 Mobilization 1 LS X 3.330.00 3,330.00 101-1-1 Provide/maintain as-Built Plans 1 LS X 1,240.00 1.240.00 101-1-2 Provide const. Survey & Layout 1 LS X 3,800.00 3,800.00 102-1 Maintenance of Traffic 1 LS X 14,860.00 14,860.00 120-6 Embankment 3,000.00 CY X 9.75 29,250.00 TOTAL ESTIMATED COST $ 54,530.09 · AGEt/~DA)t ,TF-M NOV 1 3 2001 BETTER ROADS INC. CURRENT DATE 05/15/0.1 P.O. BOX 9979 NAPLES, FLORIDA 34101 CURRENT TIME 8:15 AM PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: PINE RIDGE ROAD RFP: ADDITIONAL IRRIGATION PRICES ALT B LOCATION: NAPLES ITEM I DESCRIPTION I PLAN IUNIT COST COST NUMBER I QUANTITY UNIT AMOUNT 101-1 MOBILIZATON 1.00 LS $3,330.00 $3,330.00 101-1-1 PROVIDE/MAINTAIN AS-BUILT PLANS 1.00 LS $1,240.00 $1,240.00 101-1-2 PROVIDE CONST. SURVEY & LAYOUT 1.00 LS $3,800.00 $3,800.00 102-1 MAINTENANCE OF TRAFFIC 1.00 LS $14,860.00 $14,860.00 430-961-216 PVC PiPE CULV. SCH. 40 6" 4,032.00 LF S22.00 - $88,704.00 TOTAL $111,934.00J Exhibit J RFP # 69 ~_. RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 69 - HIGH MAST LIGHTING REPAIR (BREAKER) JUSTIFICATION: To repair a circuit breaker for high mast lighting pole 16T05. The circuit breaker was defective and not working properly and had to be replaced before for the high mast lights were put back in full operation. ADDITIONAL QUANITIES 2 100-169 HIGH MAST LIGHTING REPAIR(BREAKER) 1 LS@$ 745.50 EA=S 745.50 TOTAL ADDITIONAL AMOUNT $ 745.50 DAYS ADDED = 0 Pg. _ ~_.___L_]~---: I0t22,01 - W - 0C03 RFP 59 HIGHN'tAST LIGHTING REPAIR BREAKER FL Lic :LC-COC, C170 BETTER ROADS INC 915 PO1 JUN 09'01 1~:C0 BETTER ROADS INC. lo. nc 9, 2001 Wilson_Miller, Inc. Pine Ridge Roast Projec! Office 3899 Golden Gate Boulevard West Naples, Florida 34120 Attn: Tom Primavc~a, C.P.E. Manager, CEI Scrvic~ , Re: Pine Ridge Road Six Lan~ Improvements High Ma. st Lighting Dear Tom: Anach~ please find pricing from our Subcontr~tor, Mid Conthaent Etectric, Inc. for extra work done on the referenced. If there are any questions or concerns with the above, please do not hesitate to contact this office. Respectfully Submined, BETrER ROADS INC. Pleace Repbf To: [] P.O. BOX 9979,5590 SHIRLEY STP, F-ET · NAPLES, FLORIDA 34101 * (941) 597-2181 · F [] 13391 SR 31 · PUNTA GORDA, FLORIDA 33982. · (941) 567-2231, FAX (941) 567-2260 [] 4455 TAM1AMI TRAIL, SUITE AT. CHARLOTTE HARBOR, FLORIDA 33.98~ · (941) 743-261{~, FAX (941) 5 [] P.O. 8OX I908.28.30 OLD STATE ROAD 8- LAKE PLACID, FLORIDA 33&62 · (863) 485-5797. FAX (g41) NOV 1 3 2001 Mid. Con~nent Ele~c Inc. Jim ~m~ During ~e insudladon oft, an, conduit ~d ~, MCE ~d ~e c~t ~ f~ ~ M~st ~~e Id~5 to ~ d~'ve. PI~ ~a~ched o~ce to 480V, 30A Ci~t Bm~ $710. ~. I ha ve also included a cost breakout foryour use. ShoMdyou need addidonM i~ormadon or ha ye any questions, ple~e call ~LqV 1 3 2001 ~ONE (941) 643-0~G FAX {941) 643-5~1 BETTER ROADS INC 915 P03 JUN 09 '01 12:01 Additional Work / Change-Order Price Spread-Sheet, Project No.: 531g Coumy: _~ , Loca*jon ': .Pine I~}~g¢ ~lng, _ .... Description of Work' Cln:ult 8¢~k~. HIgll I¢~! LIgilt~ Poam116T~ PrOl:K3~ed Bid Item · 1 Quan(:ty · LS C<xnments · Fomm~ / S~. $I 5.~ $1025 $25.25 200 ~50,4g F~man 1Supv. [O~ ~20,25 S13.~ $~.~ 0.00 ~.~ P~k-Up T~ ~ T~fl ~9.~ 2.00 $18.0Q ~ Truck $30.~ ~,00 ~ T~ / Li~ $30.00 0.00 $0.00 Skid St~r / T~I~ $15.87 0.00 LI~ Crm~ 20T~ ~1,75 0.~ $0.00 3ub~nt~t Chl~le ..... ~ nl ~,q~ P~ ' ~ ~ Bu~en ~t $SO.4g 28.0% $14. ~4 ~.~3 ~ C~ { ~O & ~~ $657.4g 0.0% $0.00 AGEHDA I~M BE~TER ROADS ~hlC 915 P~4 JUN 09 '~1 12:~1 ~."~'°' '"~"i -., LOAD' CENTER I - .& I~T0: 16T01 · ,~ ~i~ ~..~ I - 75 ~ ? 1~T16 X__ 16T18 - 1 6T12 · ' ~ L, ~., LOAD CENTER ' ~*~ ~:: "' E~T 16 ::' ~ ~'" COLLIER CO. w.P, ~i.?o , ~-~ PLAN ~tOV 1 3 2001 Exhibit RFP # 71 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) Count,./Project No. 60111 Collier County RFP No. 71 - LIVINGSTON 36" PIPE RELOCATE J UST1FICATION: This will eliminate the step slope caused by the proposed location of the MES and associated pipe at Station 1053+89 Lt (Just west of Livingston Road.) ADDITIONAL QUANITIES 1 I00-171 LIVINGSTON 36" PIPE RELOCATE 1 LS@ $ 2,109.32 EA = $ 2,t09.32 TOTAL ADDITIONAL AMOUNT $ 2,109.32 DAYS ADDED = 0 NOV 13 2001 10,22.01 - ,'¢ - 3C03 RFP 71 !ivngstcr~ rd 36 ~n p~pe reloca~on BETTER ROADS INC. June 18,2001 WilsonMiller, Inc. Pine Ridge Road Project Office 3899 Golden Gate Boulevard West Naples, Florida 34120 ATTN: Tom Primavera, C.P.E. Manager, CEI Services RE: Pine Ridge Road Six Laning Project No.: 60111 Station 301+00 Dear Tom: Per your request, xve are submitting pricing for additional work at the referenced location. Please review the attached correspondence from our Subcontractor, Florida State Underground, Inc. As xvith any pricing, the attached cost needs the contractual increases. If you have any questions concerning this issue, please do not hesitate to contact this office. Respectfully submitted, BETTER ROADS 1NC. tino AG ," DP iTEM /~ Vice President No. N0V 13 200i JU:I ? 1 y- Please Reply To: P.O. BOX 9979 · 5590 SHIRLEY STREET · NAPLES, FLORIDA 34101 · (941) 597-2181 · FAX (941) 597-1597 13391 SR 31 · PUNTA GORDA, FLORIDA 33982 · (941) 567-2231 · FAX (941) 567-2250 4456 TAMIA,MI TRAIL · SUITE A7 · CHARLOTTE HARBOR. FLORIDA 33980 · (941) 743-2816 · FAX (941) 566-2737 PO BOX 1908 · 2830 OLD STATE ROAD 8 · LAKE PLACID. FLORIDA 33862 · (863) 465-5797 · FAX (941) 597-6609 ~lorida Und~rground Junc I I, 2001 To: Mr. Victor Holcomb Project manager Bettcr Roads, Inc. P.O. Bo:( 9979 Naples FL. 34101 Reference: Pine Ridge Road 6 lane improvements Sta. 301+00 Dear ,Vic: Please provide a change order for labor and material to remove and relocate i 5LF of 36" R.C.P class II1 , remove and replace 36" MFS., disconnect and reconnect pipe to structure. For a cost 365.25/hr@5.5 hfs = $2008.88 Very truly , Florida State Underground Ralph Andrew II1 .:'1o.~ _ Project Manager i~]OV 13 2001 4540 DOMESTIC AVENUE ,, NAPLES, FLORIDA 34104 - 643-6449 - FAX: 643-6891 Exhibit L RFP # 72 RE: Pine RidGe Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 72 - Fiber Optic Pull Boxes JUSTIFICATION: There is no size stated in the contract documents. This will compensate the contractor for the increased size of the box above what the contractor originally anticipated based on the contract documents. ADDITIONAL PaY ITEM 4 635 1 15A PULL AND JUNCTION BOX (FIBER OPTICS) 40 EA@ $ 796.95 EA = $ 31,878.00 TOTAL ADDITIONAL AMOUNT $ 31,878.00 QUANTITY DECREASED 4635 1 15 PULL AND JUNCTION BOX (FIBER OPTICS) 40EA@ $332.00EA= $ (13,280.00) TOTAL DECREASED AMOUNT $ (13,280.00) DAYS ADDED = 0 No._ NOV 1 3 200 ;3003 RFP 72 Fiber optic boxes ~= ..... W. '~ DIRECTIVE CHANGi Project Name: Pine Ridge Road Change #: ' ". :~;::~?'-'i~.-~ ~ · Date of Issuance: .7/30/01 Effective Date: 7/30/0 l::-?::~g~.~:~.~ .... · Omer: Bo~d'OfCo~ty Co~issi6n~rs ...... Job ~: '601 t ~ . ~. '2 -:x. 3JS[-' '" ' Conmctor: Better Roads, Inc. Engineer: CH2MHILL-:' ¢, .::'~:. You are. directed to proceed promptly with the following chang~ ~sull 26"x 37 5/8" x 18" Qu~ite pull boxes M~ top for fiber optic interco~ect in .. .. -.':...~.,'.-:.,,.,:. · - .... ;.;);., :;_' . :..~:~i~:,,... ~;,~,~ ~.:,. All work shall .be' done ~ a~'/d~ M~ ~e'"~fi~act 'doc~enU ~d ~ comph~.tm~'~l'. appli~ble Co~W ;fdin~ces :~'d '¢~e} }equirem'~B. ' Ifa claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining :the effect of the change(s). ::.. Method ofdetermining change in Contract Price: Method of determining change in Contract Times: [] Unit Prices [] · Contractor's records [] Lump Sum [] Engineer's records [] Other [] Other Esttmated-mcreas&(de~rease) 4n~ontract_P-r~ce . E.st!matgd. 9h_a_ng~ n_go~nt.~ae t_Ti me:r ' ' 4 ' 17, I I ~'$ '-$-~f,-g7-8.-0~0 Increase or decrease by 0 calendar days. RECOMMENDED: * AUTHORIZED: r Owner's Representative BETTER ROADS IN(:. July 23, 2001 WilsonMiller, Inc. Pine Ridge Road Project Office 3899 Golden Gate Boulevard West Naples, Florida 34120 ATTN: Tom Primavera, C.P.E. Manager, CEI Services RE: Pine Ri'dge Road Six Laning Project No.: 60111 Dear Tom: The attached correspondence covers the additional cost of Fiber Optice Pull Boxes for the referenced. If you have any questions concerning this issue, please do not hesitate to contact this office. Respectfully submitted, BETTER ROADS INC. · estino /,/ Vice President Please Reply To: L_J P.O. B©X 9979 · 5590 SHIRLEY STREET · NAPLES, FLORIDA 34101 · (941) 597-2181 · FAX (941) 597-1597 ~ 13391 SR 31 · PUNTA GORDA, FLORIDA 33982 · (941) 567-2231 · FAX (941) 567-2250 [] 4456 TAMIAMI TRAIL · SUITE A7 · CHARLOTTE HARBOR, FLORIDA 33980 · (941) 743-2816 · FAX (941) 566-2737 .[.~.P.O BOX 1908 . 2830 OLD STATE ROAD8-LAKE PLACID, FLORIOA33862-(863) 465-5797 . FAX (941) 597-6609 NAP[ES. FLORID~ 34'10.,~ July 17, 2001 Better Roads, Inc. 5590 Shirley Street Naples, Florida 34109 941-597-2181 Fax 941-597-1597 Attn: JR RE: Fiber Optic, Pull Box Dear JR, Please find enclosed our cost to furnish and install thc abovc mcntioned pull box, which was rcqucstcd by Collier County on thc Pine Ridge Road ~Mdening projcct. As previously mentioned thc pull box requested is not of thc same type and manufacture as quotcd in our unit pr[ce for fiber optic pull box bxstallation and in addition 30-degree sweeps are shown in pull box installation detail. Plcasc note 'that fiber optic pull box requested is larger and made of differing material and is more costly to purchase and install. I have also enclosed a cut sheet of the pull box, which was included in our bid item price for fiber optic pull box installation, which is also approved for thc US 41 v~4dening projcct. If thc mom costly pull box with 30-degree sweeps is required for fiber optic installation, Mid-Continent Electric, Inc. is requesting a change order. Should you require any arlditional information, please contact mc at 643-0266 Ext. 207. Sincerely, ,lo. Vicc Prcsidcnt ~OV 1 3 2001 Pg. 105 FAX (941)643-5821 Additional Work / Change-Order Price Spread-Sheet. Project No. ' 531~9_9 County' Collier Location :-Pine Rid e Widenin Submitted By: Mid-Continent Electrtc Inc. 4586 P ress Ave. Na les FL 34104 Description of Work :~versLzed fll~ ~ull box per sttached cut sheeL Proposed Bid Item: -~35-1-CI ~ '- O6antity' :" ~ .Ob~ . __ Comments ' Labor with Burden Burden - Federal Income Tax, Social Securtty T=x, Medic. am Tax, Wod~mon Cornpena&tlon Ina., Federal Unempoyment 1ns., State Unemployment Ins.. Benafi~,-~ F~:~.31% (Health Ins., HolId~Y~, V=catIon. SIc,k Day~. 4D1K, ate.). O~$c~;pUo~ Hourl~ Rata Burden Cost Rat~= Hour~ Cost Ex~n.~lon Foreman I Supv. $15.00 $10.25 $25.25 0.00 $0.00 Foreman I Supv. (OT) $20.25 $13.83 $34.08 0.00 $0.00 Installer $12.00 $8.20 $20.20 2.50 $50.49 I nstaller(OT) $16.50 $11.27 $27.77 0.00 $0.00 Unskilled Labor $8.00 $5.46 $13.48 0.00 $0.00 Unskitled Labor(O'F) $11.25 $7.68 $18.93 5.00 $94.67 Transport Driver S12.00 58.20 $20.20 0.00 $0.00 La ' Cost Total Materlal~ and Supplies De,cription QUentin{ pr~e Cost Extension Fiber Optic Pull Box. Oversized 1.00 $344.0000 $344.00 Fiber Optic Sweeps. 30 Degree 2.00 $10.81 $21.62 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 _ _ 0.00 $0.00 $0.00 Mate Cost Total :lodes Sales T~] $365.62 ~man't 'Cha~j]es O.,cription Hourly Rat. Hours Cost Ex't~nsion Pick-Up Truck with Tools SS.00 2.50 $22.50 Bucket Truck $30.00 0.00 $0.00 Trencher, Truck, Trailer $20.00 0.00 $0.00' Back Hoe $30.00 2.50 $75.00 Skid Steer / Trailer. $15.87 0.00 $0.00 Air Compressor $5.38 0.00 $0.00 LlnkBelt Crane 20Ton $61.75 0.00 $0.00 Semitrailer & Truck $75.00 0.00 $0.00 I~u_i2.m..? ~t ,Cost Total Sub-Contract Char~e~ D~=cri~Uon Q~antJt), Price Cut E:dension - - 0.00 $0.00 $0.00 _ _ 0.00 $0.00 $0.09 Sub-Contract Cost Total Description Cost T~I M~rk-Up Rate Mark-Up Ex'tan=ion Labor with Burden Cost $145.17 28.0% $40.65 $185.81 Material & Supplies Cost $365.62 28.0% $102.37 $467.99 Equipment Cost $97.50 8.0% $7.80 $105.30 Sub-~ontr~ct Cost $0.00 10.0% $0.00 $0.00 All Cost~ ( BOND & LIABILITY} $608.29 0.0% $0.00 $0.00 Unit Price ~ Total $759.11 Fiber Optic Pull Box, Oversized EA $759.00 UO¥ 1 3 2001 ~[ I I[I Ill III No. 65-T CAST IRON .~"- HEAVY DUTY COVER ....... "" ~ /' "--... WI. 46 lbs. ~ 15 114- TYP. 267lB" TYP. -.._ R 1114" TYP. No. 65-R STEEL 6114" DIA. REA01NG LID wT. 7 lbs. -- 318" DIAMOND PLATE No. 65-TR STEEL TRAFFIC COVER "- WT. 70 lbs. NOV 13 2001 ~~ -~ Standard cover marked with "WATER". NO. G5 BODY ~~~~~ ~ O them available upon request. WT. 165 lbs. / / //// ~ / / ~R1 11132 -De,ignedforH-101oadingor20,00O~stnt~C ~ / //// / It 1~" / / . Load lO bo located In driveways, parking lots -- ~ J ~~ _ __ Minimum 28 day concrete compressive ~ ~t'-- / ~ 716" HEA~ DU~ METER BOX 05-24-95 Product Information  ~c c c c . ' ~ PI:; St'fie . PC SWle ~ Divided Bo~ PD emcrtpUoo Pad Number 6~7 PG - Stackable Boxes & Oovers Cover, w~ Bo~ ' ' - - ~Bo~ w~n BoUom 24' ' ~m~4~6BA18 1~9 ~,568 ~ o' w~' ' --~ .- ~Z436BA24 1~50 ~ 568 / ~ 852 PG2436BA42 12683 ~.568 / ~.852 26 .37 5~ 42 247 ' ZBox, w~ouseholes 18' ' PG2436BB18 11060 (L) PG2436BB30 1~62 ~,568 / ~,852 25 37 ~8 30 196 Bo~ w~ouse~les 4~L~ ' ' PG2436BB42 125~ ~(Bo~ w/Sor~ BoSom ~' (L) * PG2436OA30__11.0~ 33,852 26 37 ~8 24 1~ ~8 ~ . PG2436~08 11078 ~.568/33.852 -' e nsio~.3' G~deACu,,~S, P G2436ED04 ,,782 Divided Box & Covers Cover, w/2 ~1~ PG1224CA00 10890 8,000 / 12,~ 13 1/8 24 3 40 Cover, w~ Bol~ PG2424CA00 11032 8,000 / 12,~ ~ 1/2 C~er. w~o BoI~ PG2424WA~ 11~6 8.~/12,~ 22 Cover. w~ 8o1~ PG2436CA~ 1~72 8.0~ / 12.~ 24 35 ~ 3 85 NOV 1 3 2001 ' . Must be placed on bosom ~en ~r~in¢. APL Search Results Certification Number 63510142101033 Device Calegor), [635 - PULL & JUNCTION BOXES '.Type of De,,ice [PULL BOX AND COVER Approval Date I6/3/1987 D'evice Description MODEL PC 1324BK COMPOSOLITE Manufacturer [QUAZITE, DIV. OF MMFG 1150 E. PLANT ST.. SUITE A.. WINTER GARDEN, FL. 34787. USA [Phone: [Fax: [Contact Name: HENRY MORGAN Contact Phone: 8~×)7718847 Contact Fax: 4078777767 ..... AGe,Dh ~ ~o. L~~~ H0V 1 3 2001 _ http://blackhawks, eng. fsu.edu/- ~,e2. asp 1/16/01 yPuLLBOX COVER U)~LESS APPROVED BY Et~GI,~EER CUT EXISTING CONDUIT --/ ~-' JO0 ~,u DEEP [-L~E ~,/r £XlSTI,¥G CC.V AND INSTALL NEW CRt/StIED ,ROCK COHDUIT AS SHO.¥N OR PEA,ROCI( REUOVE CUT CONDUlr AGE~D~IT~M PULLBOX INST~,LLAT/ON IN EX/STING CONDUIT R WN°'~l't~'~ NOV 13 2001 -- ~,,~... ,-,.o ,,~,, ,~..-, TYPICAL DETAIl //~.PULLBOX CO~ER L I .~OOn"zn (,U/NJ U~LZSS *oP~OV~O I I ' J J ~ cosw~r BY E~'~/~'EER ~.. / SwEEPpu~G CON.IT A5 5H~YN CR PE~X RE~E CUr CON~r PULL~OZ /N~TALLAT/ON /N EZ/%T/NG CONDU/T RUN ~ ,,~o. NOV 1 3 2001 ~ ~ FLORIDA DEP~T~E,v r OF EXISTING CO~OUIT ~'EEP..;~; ~: UNLESS APPROVED BY ENGINEER UNG. EZlSTIN~ ~ - · . OR PEAROCK ' RE,lOVE PUU..BOX AJ~'D PI. ACE NEY1 CDIILTJIT AND COU?UNGS AS SHO,¥N. BA~K FIlL WITH DIRT AND SOD OR DIRT AND SISAL,( TO HATCH E,~IS TING. REMOVAL OF PULLBOX WITHIN AN EX/STING CONDUIT RUfi NT5 J J./~, tw ' t""t ' ,C',. [ , f.. NEW CONDIJIT SWEEP EXISTIh~3 CONDUIT AG ElhtO~)IT F- M ~ REMOVAL OF PULI_BOX /iV EXIST/fiG CON )U~P'--.[-Llu-''~ - ~. RUN AND REPLACEMEIVT WITH LARGER SOX NOV 13 2001 R ~ v I S t 0 # S tE'¥C'I~£ER OF R£CO~D: Exhibit IV] RFP # 73 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 73 - CITY WM DEFLECTION @ 1026+77 LT JUST1F!CATION: To Resolve a conflict between the existing 12" City of Naples WM and purposed Mast Arm foundation at ststicn 1026+77 LT. ADDITIONAL PAY ITEM 1 100-173 CITYWM DEFLECTION @ 1026+77 LT 1 LS@ $10,248.80 LS = $ 10,248.80 TOTAL ADDITIONAL AMOUNT $ 10.248.80 DAYS ADDED = 3 AGE,'CD~ NOV ~ 3 200~ FL Lic =L,3-30C0170 Lomer ~ounty Public Works Engineering Department WORK DIRECTIVE CHANGE ~_. Project Name: Pine Ridge Road Change #: Date of Issuance: 8/21/2001 Effective Date: 8/21/2001 OWner: Board ofCoun _ty Commissioners Job #: 60111 Contractor: Better Roads, Inc. Engineer: CH2MHILL ~-ou-a, re-dir~to proceed promptly with the following change(s): f/ 1) Relocate 12" City of Naples WM in conflict with -><-- R ~-~-'~'~ mast arm located _ -7 LT---___~~ $10248.80 3 Days J - 2) Install-e-d Closed-Flume Inlet according to FDOT 2000 Index 216 of Design standards at station 1039+00 Lt. $1680.00 I Day All work shall be done in accordance with the contract documents and in compliance with all applicable County ordnances and other requirements. Justification: 1) To resolve a conflict xvith purposed signalization mast arm. 2) To drain water on the proposed roadway collected in the lo~v area at sta. 1039+00 Lt. If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method ofdete~ining change in Contract Times: ~ Unit Prices ~ Contractor's records .... ~. ~ump.Sum ........................ ~ · Engin~rls r~ords ......................... ...... ~ - Other ................... ~---O~er .......................... Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ 11,928.8 Increase or decrease by 4 calendar days. RECOMMENDED: AUTHO~ZED: CEI ecr Owner's Representativ~ ....... NOV 13 2001 · ' pg..._. 4540 Domestic Ave. Naples, Flodda 34104 (941) Fax (941) 6436891 FACSIMILE COVER SHEET ~^~: ,~ :-/¢'-~," rnx to.: .... . ./ FROM: RALPH ANDREW III FAXED BY:~//~ .. -- PROJECT MAlqAGER NUMBER OF PAGES INCLUDING COVER. ' No. ?l~e eau (914)~;4~-6449 if you did not ~ei, c thh fa~e M i~ c~ :timt~v. 1 3 2001 o~er roms. ' Pg. " [ AUGi?2001 ~ IB~' Aug. 15, ~001 To: Mr. Victor Holcomb Project manager Better Roads, Inc. P.O. Box 9979 Naples FL: 34101 Reference: Pine Ridge Road 6 lane improvements Sta 1026+'77 Dear ,Vic Please pro,Adc a change order for labor and materials ['or a 12" water main dcflcction at sta 1026+77 as listed below. I ufill than graceed with work. Item Description ~ Unit Total l. 12" 45 degree ell 4 EA 917.12 $ 3668.48 2. Restraints 6 EA 305.00 $ 1830.00 3. Head walls 2 EA 725.00 5; 1450.00 4. MobilizatioWDe-mobilization 1 920.00 $ 920.00 5. 12" DR14 40 LF 20.38 $ 815.20 ......... 6.-- --1 ~'-'-sleeve- ..................... -2-EA ...... -538.54 ...... $ -1077,08 ............... $9,760.'76 Vc~ y t~ uty , _-'a--'"'"J' f _ NOTE: All contract stipulations nppty ~:' Ftoricta S~,~ l.~j:~e'Fgy~r6nd~~ A~halt mad cttrb rc~air N.t.C.. t rojcct Manage NOV 1 3 2001 4540 DOMESTIC AVENUE ' NAPtFS, FLORIDA 34104 ' 643-6449 ' FAx': ~-ct et~E~:E]O I0 LI Exhibit N RFP # 74 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 74 - CLOSED FLUME INLET @ 1039+00 LT. JUSTIFICATION: To resolve an area at Cypress Glen turn lane (1039+00 Lt.) that ponds water. The Flume will convey this water to the drainage swale to the north. ADDITIONAL PAY ITEM 1 100-174 CLOSE FLUME INLET@ 1039+00 LT 1 LS@ $1680.00 LS: $ 1680.00 TOTAL ADDITIONAL AMOUNT $ 1680.00 DAYS ADDED = 1 ~A-~-- ITEM NOV 1 B 200I 1¢,2£,~i - ',V - ,;5C3 RFP 74 c:csed ~ume ~n[et 103900 =LLc =LC CCr;3173 Collier County Public Works Engineering Department WORK DIRECTIVE CHANGE Project Name: Pine Ridge Road Change #: Dateoflssuance: 8/21/2001 Effective Date: 8/21/2001 OWner: Board of County Commissioners Job #: 60111 Contractor: Better Roads, Inc. Engineer: CH2MHILL You are directed to proceed promptly with the following change(s): 1) Relocate 12" City of Naples WM in conflict with mast arm located at 1026+77 LT $10248.80 3 Days ,~Installed Closed.Flume Inlet to FDO according ~"216 of Design standards at station 1039+00Lt. .......... $1680.00 1Day Alt work shali be done in accordance with the contract documents and in compliance with ali applicable County ordnances and other requirements. Justification: 1) To resolve a conflict with purposed signalization mast arm. 2) To drain xvater on the proposed roadway collected in the loxv area at sra. 1039+00 Lt. If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Prices [] Contractor's records .... []..Lump.Sum ........................ [] · Engineer's records .......... '.' .............. .... [-~-~Othdr- [--] ~O-tl~e-r Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ 11,928.8 Increase or decrease by 4 calendar days. RECOMMENDED: AUTHORIZED: By: CEI Consulta~roject Engineer By: //~~ Owner's Representative ,~,O~,~O~ r'~ NOV 1 3 2001 CURB SYSTEMS OF S.W. FLORIDA, i-NC. 10964 K-NINE DR. ON TA S 'V, mOS, 34 35 PROPOSAL PH: (941) 947-3777 FAX: (941)947-1386 P.O. BOX 9979 NAPLES FL 34101 PROJECT FAX 941-597-1597 ATTN': 11 PINE RIDGE CO#2 QTY UNIT DESCRIPTION UNIT CO ST TOTAL 1 L.S. CLOSED FLUM~ IN'LET, DOT INDEX 216 DATED ~ 1,600.00 1,600~00 JAN OF 2000 BOOK OF STANDARD ROAD SPECS. 1 NO ENGINEER:~'~G, TESTING, SUIBGFz,.A,12ING, LOCATES, OR T~FFIC CONTROL ~ -- NOT RESPONSIBLE FOR CONDUIT LESS THAN ~8" BELOW FINISH G~DE IN LOCATION OF WORK TO BE PERFORgED INCLUDING. BUT MATERIALS INCLUDING, BUT NOT LIglTED TO BASE ROCK, DIRT, ASPHALT, ETC. ALL MATERIAL IS OU,5~NTEED TO BE AS SPECIFIED. ACCORDINGTOSTANO~DP~CTICES. ANYALTE~TIONOROEV[ATION FROM ABOVE SPECIFICATIONS INVOLVING EXT~ COSTS ~LL BE ~ECUTED ONLY UPON WRI~EN ORDERS, AND WILL BECOME AN EXII~CHARGEOVERANDABO~TttEESTi~ATE. PRiCES BA~ED ON DAYLIGtlT WORK HOURS. CONCRETE IS 3000 PSI WiTit NO REINFORCEMENT3 UNLESS NOTED. Tills PROPOSAL M~Y BE WITIID~WN BY US IF NOT ACCEPTED WITHIN 30 DAYS. NOV 1 3 2001 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. BOC-FT-02-01 WITII BONNESS, INC. FOR INTERSECTION IMPROVEMENTS ON PINE RIDGE ROAD, PROJECT No. 60049 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # BOC- FT-02-01 for the intersection improvements on Pine Ridge Road. CONSIDERATIONS: Intersection improvements on Pine Ridge Road consists of constructing lek turn lane extensions at Goodlette-Frank Road and Naples Boulevard. Three proposals were received as follows: APAC-Florida, Inc. Better Roads. Inc. Bonness, Inc. $98,915.85 S_ ~ ,440.00 S52,029.57 This Work Order utilizes the Annual Contract for Roadway Contracts, Contract ~98-2905. Staff' cost estimate for this project was S53,738.50. FISCAL IMPACT: Funds in the amount of S52,029.57 are budgeted in the Gas Tax Fund. Source of~nds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County' Commissioners authorize the Transpo~ation Operations Director to approve Work Order BOC-FT-02-01 on behalf of the SL~MITTED BY: % Date: ~c' /~ .-~/?,'? [ Julia F~]4;~2zSe~or~roje~t~ianager Transppnatton Operanons Depgnment /' REVIE~DBY: - z. ,.'~- .' :-:';? /;- · '/ ,, Edward J. Kant, P.E.;'Director Transpo~tion op~tions Department Norman Feder, Administrator / ~ Transportation Division z AGE~&,,ITEM / Attachment: Work Order gBOC-FT-02-01 ~'lOV i 3 2001 PO. WORK ORDER # BOC-FT-02-01 "Annual Contract for Road~vay Contracts" Contract ~98-2905, Dated March 9, 1999 This Work Order is for Roadway Contractor's Se~'ices, su~ect to the terms and conditions of the Contract referenced above, for work known as: Pine ~dge Road Intersection Improvements The work is specified in the proposal dated October 12. 2001 which is attached hereto and made pan of this Work Order. In accordance xvith Terms and Conditions of the Agreement referenced above. Work Order ~BOC-FT-02-01 is assigned to Bonness, Inc, Scope of Work; As detailed in the attached proposal and the following: Task I - Extend the eastbound left turn lanes at the intersections of Pine ~dge Road and Goodlette-Frank Road, and Pine Ridge Road and Naples Boulevard in accordance with the drawings as prepared by the Transportation Operations Depa~ment, Sheets 1, 2 and 3 dated September 13, 2001 Schedule of Work: Complete work within 30 Calendar Days from receipt of the Notice to Proceed Compensation: In accordance with the Agreement, the County xvill compensate the Firm in accordance s~ ~ 7 with negotiated lump sum of $_.,0.9.5 as provided in the attached proposal Lump Sum S 52,029.57 TOTAL FEE S 52.029.57 Any change made subsequent to final depamnenl approval will be considered an additional service and char~ed_ accordin=~ to an Order as enumerated in Exhibit D of the Agreement Approved By:~~~~ /h,l/j 't~" Edw~~fiFmns[' ' ' - >o~ation Opzrations Director Date" Approved as to Form and Legal Sufficiency: Assistant Count5 Attorney ACCEPTED BY: Date: Name of Firm ATTEST' (Corporate Secretary) Signature Zileen Kocses, Cor~rate Secretary Type Namc and Title _ P0.~ 1990 Seward Ave. Naples. Florida 34109 (941) 597-6221 Fax 597-7416 bonnessinc~aol.com Submitted To: Collier County Boad Of Commissioners Bid Title: Pine Ridge Turn Lane Improvements Address: 2800 North Horseshore Drive (Proj. No. 60049) Naples, FL 34104 Bid Number: 60049 Project Location: Pine Ridge Road Contact: Project City, State: Naples, FL Phone: Fax: Engineer/Architect: N/A Item No. Item Description Estimated Quantity Unit Unit Price Total Price 101- 1- MOBILIZATION 1.00 LS $1,802.34 $1,802.34 102- 1- MAINTENANCE OF TRAFFIC 1.00 LS $4,665.20 $4,665.20 110- 1- 1 CLEARING&GRUBBING 1.00 LS $1,749.86 $1,749.86 120- 1- EXCAVATION REGULAR 162.00 CY $60.73 $9,838.26 120- 6- EMBANKMENT 33.00 CY $34.35 $1,133.55 285-709-327 BASE OPTIONAL ABC- 3 444.00 SY $30.25 $13,431.00 (lO") 331- 2- ASPH CONC TYPE S 48.00 TON $80.30 $3,854.40 520- 1- 10 CURB & GUTTER CONC (TYPE 490.00 LF $13.70 $6,713.00 F) 520- 5- 4! TRAF SEP CONC (TYPE IV) 258.00 LF $20.83 $5,374.14 (4' WIDE) 575- 1- 1 SODDING (BAHIA) 85.00 SY $6.45 $548.25 700- 40- 1 SIGN SINGLE POST 3.00 EACH $202.82 $608.46 (LESS THAN 12) 706- 3- RETRO-REFLECTIVE PAVEMENT 43.00 EACH $4.93 $211.99 MARKERS 711- 4- DIRECTIONAL ARROWS 10.00 EACH $54.82 $548.20 THERMOPLASTIC 711- 7- PAVT MARKING REMOVE 1.00 SF $383.74 $383.74 THERMOPLASTIC 711- 35- 61 TRAFFIC STRIPE SOLID 812.00 LF $0.49 $397.88 (THERMOPLASTIC)(WHITE) (6") 71 t- 36- 61 TRAFFIC STRIPE SOLID 1,570.00 LF $0.49 $769.30 (TH ERMOPLASTIC)(YELLOW)(6") Total Price for the above items: $52,029.57 Total Bid Price: $52,029.57 ..... ,GENC; No. NOV 2001 pg. Page 1 of 2 1990 Seward Ave. Naples, Florida 34109 (941) 597-61~I~ 1 Fax 597-7416 bonnessinc~aol.com Notes: ' Subject to prompt acceptance within 30 days and to all conditions stipulated on the reverse side, we agree to furnish materials and labor at the price(s) set forth above. * Bonding is not included, if required please add 1%. ' A ONE TIME final grade has been included. Final grade does not include the raking of rocks prior to sod and/or seed or regrading after trenching by others has been performed; I.E. UTS, FPL, cable or irrigation. ' Permits, fees, and testing by others. * Removal and/or replacement of unsuitable materials (I.e. rock and/or muck) below grade is not included. ' Proposal based on the plans by Collier County * Irrigation system by others. * Landscaping by others ' All Drainage and Utilities by others. Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner AOS" I','D.4. NOV 13 2001 ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory and are hereby accepted. ~ ~ Buyer Autho~ Signature Sign a'tu r~~~ 1 Date of Acceptance ~J K 'ne.,sd~Mih-T"'~""/~'- ~ .,~stimator: . E?fn MJ~,,¢C--- Page 2 of 2 ~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID 4/01-3284 FOR CLAM BAY MAINTENANCE DREDGING TO FLORIDA DREDGING AND DOCK, INC. OBJECTIVE: To award Bid #01-3284 for Clam Bay Maintenance Dredging to Florida Dredging and Dock, Inc. CONSIDERATIONS: 1. On September 12, 2001, invitations to bid xvere sent to 126 vendors with seventeen (17) vendors requesting bid packages. The Bid opening ,,vas held on October 2, 2001, five (5) proposals were received. 2. Staff has reviewed the bids and found Florida Dredge and Dock, Inc. to be the lowest qualified bidder, therefore, it's recommended that Bid #01-3284 be awarded to Florida Dredging and Dock, Inc. FISCAL IMPACT: The fiscal impact for Bid #01-3284 is $157,250, funds are available in the Clam Bay Operating Budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #01-3284 for Clam Bay Maintenance Dredging to Florida Dredging and Dock, Inc. and authorize the Chairman to execute the standard contract after reviev¢ by the County Attorney. PREPARED BY: d DATE: / sP. Ward / Jame Department Director REVIEWED BY: - '~' :'; ,': ::' ._ . DATE: Steve Carndl ~ .~PuTchasing Director/%,~ ...... --:.. :: ./ ~,~ .. f' ,! " .... ,". ' APPROVED BY: ...... '" '~ ~' ~ ~" ~' DATE: EdwardJ..K~(~P,E'~] Director Transpo~atton Oper¢mons APPROVED BY: ~:~ DATE: No.an Feder, AiCP, Administrator / Transportation Division NOV I 3 2001 -. ~ ~ o · ~ ~ m~ mo ~ ~ ~- --. ~ --~ ~ D+~ + . ~ o -. . .... ~ ~ ~2 . NOV 1 3 2001 NOV 1 3 2001 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF TWO NEW VEHICLES FOR THE TRANSPORTATION DIVISION FOR CAT SERVICES AND APPROVE THE NECESSARY BUDGET AMENDMENTS. OBJECTIVE: To obtain Board approval to purchase two (2) new vehicles for the Transportation Division for Collier Area Transit (CAT) and approve any necessary budget amendments. CONSIDERATION: The CAT operations require the ability of field supervisors to assist overflow passengers, schedule times and out-of-service buses on a regular basis. The current vehicles being utilized for these purposes are a four-door sedan and a fifteen passenger, which were obtained from fleet surplus prior to being placed for auction. Both vehicles require consistent maintenance to remain in operation and the sedan does not provide sufficient passenger space to meet the needs of the service. With CAT beginning its first full peak season of operation and in anticipation of the need to provide for overflow passenger pick-up due to the success of the transit program, the purchase of the two fifteen-passenger vans is a necessity to provide service which exceeds customer expectations. The funding of the 2 vehicles will be from Fund 313 (Gas Taxes) from the project identified as Transit Enhancement. The expenditure of these funds is consistent with the intent of the budget item. FISCAL IMPACT: The cost for the two vehicles is $48,870.40. The Transit Enhancement project humber (61010) has adequate budget for this purchase' in the Gas Tax Roads fund (313). GROWTH MANAGEMENT IMPACT: This is consistent with Objective 12 of the Transportation Element of the Growth Nlanagement Plan. RECOMMENDATION: That the Board of County Commissioners approve the purchase of two replacement vehicles for CAT support and operations. Prepared by: /k. 'Cl. ( - C-)? ..i~/~"~--~],,_ -:"-~A~. Date: 10/26/01 Daw~_ ,Fl~NVolfe,~rPr~gl~ortation Pl¢,dning Director - Approved by: /.'~*--,//, "'/~&~--.~ Date: 10/26/01'.-7~ Norman Feder, Transportation Services Administrator ':~'~]~ :~ ' : ,,' ,iu,. , ;.60I EXECUTIVE SUMMARY ,APPROVE A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLOR[DA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE FOR THE DEPARTN1ENT'S PARTICIPATION IN THE COUNTY\VIDE PAVED SIIOULDERS PROJECT. OBJECTIVE: To gain Board approval for staff to enter into a LAP Agreement with the FDOT (Attachment 1) for their participation in the Countywide Paved Shoulder Project. CONSIDERATIONS: The FDOT LAP Agreement is similar to an FDOT Joint Participation Agreement. A LAP Agreement provides for the FDOT to participate with certified agencies to implement an integrated and balanced transportation system. What this basically means is that the certified agency may request reimbursement from the FDOT of funds expended for certain types of projects. Collier County is a certified agency, and the Countywide Paved Shoulder Program qualifies under the provisions set forth in the LAP Agreement, which the FDOT is attthorized to enter into under Section 334.044, Florida Statutes. The LAP Agreement requires that the certified agency, Collier County, pay all project costs. Upon project completion, the FDOT ,,,,'ill reimburse Collier County for all project costs. Collier County agrees to complete the project on or before December 28, 2002, at which time the Agreement expires, unless an extension of the time period is requested and granted prior to this date. FISCAL ISIPACT: The estimated total cost of the Count?,vide Paved Shoulder Project is S641,480.00. Funds ',','ill be expended from the Road Construction Gas Tax Fund (313)~ prej ect number 60016. GRO~,VTtt 5IANAGEMENT IMPACT: None RECOSIMENDATION: That the Board enter into a LAP Agreement with the FDOT for the Countywide Paved Shoulders Project and approve the requisite County Resolution. SUBMITTED BY: ~arqm'ta ~)'nS, Sr. fl~min~trativeflss~tant DATE: ' '- REVIEWED BY: ,~ '/ ,Z ~x d ~tn~':~ DATE:~, /, ;- ,5...,' Juho F. Ordofi'a~_Sr,-ProjeetManager~ . REVIEWED BY: ..~f_..~fl:~..'-.z_,~: -~/~'.~.~_~ ,/.?,,~. DATE: /, No . Fear, AICP, 5 ransportat~on Administrator FDOT I.ocal Age~cy I rogram Agreement (4 originals) .,* ,,Xt:achmcnts: Resolution I State of Florida gepaAment of Transportation LOCAL AGENCY PROGRAM AGREEMENT Pa~e I o~ 12 FIN No. 40436013801/40436015801 Fund: SS F~IR Approp: 088849/0~8796 Func~on: 215 F~IR Obj.: 131521~90087 Coun~ No. 03 Federal No:88~ 825 A/88~ 812 A Org. Code: 55013030152~550!~060!6 2 Contract No: Vendor No.: F59-6000-558-107 Catalog of Federal Domes~c Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and beW~een the STATE OF FLORIDA DEPARTMENT OF T~NSPORTATION, an agency of the State of Florida, hereinafter called the Depa~ment, and COL[ I~R COUN~ hereinafter called t~e Agency. WITNESS~TH: V~EREAS, the Agency has the authority to enter into said Agreement and to undedake the project hereinafter described, and the Debarment has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transpo~ation system and is authorized under Section 334.044, Florida Statutes toenter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the pa~Jes agree as follows: ~1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Depa~ment'spa~icip~tionin Zoun~v~de ~aved Shoulders and as fu~her described in ~hib~ "A" a~ached hereto and by this reference made a hereof, hereinafter called the proje~, and to provide De~a~mental financial assistance to the Agency and state the te~s and conditions upon which such assistance will be provided and the unde~tandings as to the manner in which the project will be unde~aken and completed. 1.01 Modifications and Additions: Exhibit(s) A.B are a~ached hereto and by this reference made a pa~ hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with a~l ~ractica] dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and a~iicable [~ws. T~e project will be peflo~ed in acco~ance with all applicable Depa~ment procedures, guidelines, manuals, standards, and directives as described in the Depa~ment's Local Agency Program Manual, which by this r=,~r~n~ ~s made a pa~ hereof as if fully set fo~h herein. A ful', time employee of the Agency, qualified to ensure that the wo~ being pursued is complete, accurate, and consistent with the terms, conditions, and specifications uf this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12~8/2002 If the Agency does not complete the project within this time period, this Agreement will expire on t~e last day of schedul~ completion as provided in this paragraph unless an e~ension of the time period is requested by the Agency and granted wFiti~g by t~e DEPARTMENT pdor to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any wo~ pedormed after the expiration date of the Agreement will not be reimbursed by t~e Depa~ment. ~ 2.03 Pursuant to FederaI, State, and Local ~w: In the event that any election, referendum,~~ other proceeding or authorization is requisite under applicable law to enable t~e Agency to ente: in,Chis ~~to undedake the projed hereunder, or to obse~e, assume or ca~ out any of the provisions of the kgree~¢A~ency will iRitiate and consummate, as provided by law, 811 aotioRs necessa~ with respect to aRy such ~atte~ 2.04 Funds of the Agency: T~e Agency shall initiate and prosecute to completion all proceedir s~ecessa~,including Federa',-sid requirements, to enable the Agency to provide the necessa~ funds for completion o ~ ' ' - CONST~,JCTION 2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department su data, reports, records, contracts and other documents relating to the project as the Department and the Federal Highwa~ Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is S 641,480.00 . This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "8". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be aJiowed only from the date of this Agrecment. It is understood that Do~artment participation in eligible project costs is s',bject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department?s performance and obligation to pay under this Agreement is contingen, upon an annual appropriation by the Legislature. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of S25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Flodda Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or wdtten, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entedng into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of S25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any ~ eligible, Federal participation may be approved in the amount determined to be adequately sup~ort~e~r.,'~]l:~'~j'l~:~i¢~ shall notify the Agency in writing citing the reasons why items and amounts are not eligible for F~edera.._F~..~~ Where correctable non-compliance with prov sons of law or FHWA requirements exists, Feder~l fund~'ffCy ~)~ vv2~eld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Departm6~jnt may deny participation in parcel or project costs in part or in total.~ ~ 525-21,3-40 COr4STR',. C, TIQN For any amounts determined to be ineligible for Federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of wdtten notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual wdtten agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Depadment's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(,5) ).'ears after final payment is made. Copies ofthos3 documents and records shall be furnished to the Department upon ~quest. Records of costs incurred includes the A{jency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-1;3;3 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-13;3, the cost of the audit must be paid from non-Federal funds. In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 216.;3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section 216.;3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accord_an__ce with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor Get eral,~heF~_~ Rf.E:til;~e au¢ must be paid from non-State funds. No. |~ ~('~_ ~ . Reporting Packages and management letters generated from audits conducted in accordanc(~ with kO~ ~ir~u~lD~-133 and Financial Reporting Packages generated in accordance with Section 216.3491, Florida tatutes, an~ Pg. 525-010-43 CONSTRUCTION OGC -~a~e 4 of 12 Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of pdor year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 A Financial Reporting Package of audits conducted in accordance with Section 216.3491, Florida Statutes, and Chapter State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32303-1450 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub contractor or materials vendor to allow public access to all documents, papers, letters or other matedal subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.C Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. AGENP/~I (Section 287.058(1)(b), Florida Statutes) °rk~rUsVe~ff°r ~ If, after project completion, any claim is made by the Department resulting from an audit or fo w ' pursuant to this Agreement, the Department may offset such amount from payments due for vork or servic~ done undel~ any agreement which it has with the Agency owing such amount if, upon demand, payment of th~omo.~.~lJ3~_ig'rmt within 60 days to the Department. Offsetting any amount pursuant to this section shall not be contract by the Department. 525-013-4S CONSTRUCTION OGC - C2/31 ~age 5 c~ 12 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may eject by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data fumished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having beenadvised by the Department that samo are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, orthe Department acting in lieu of the FHWA, may designate as ineligible for Federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency pdor to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been app~'oved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120 day time period will not be paid. 8.00 Ten'nination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of the agreement. If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is terminated. ' ...... ~,GE,N~A~ ITEM If the Agreement is terminated before performance is completed, the Agency shall be paid f¢ performed. Payment is to be on the basis of substantiated costs. ' ' ~ -'~ NOV 13 2001 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any fl~ notice under this paragraph, the Agency shall proceed promptly to carry out the actions requ red,herein v~ich may inclbde any or all of the following: (a) necessary action to terminate or suspend, as the case ~l~.-.J;;~'.,.~~.~c~e.~_~ nd cont"acts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and 525-0~ 0-4~ CONSTRUCTION CGC - 02J31 Page 5 of 12 cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of Feder financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise haw. arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Depadment, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surve:,'!:%,2 services, is contingent on the Agency complying in full with provisions of Section 2.%.055, Florida Statutes, Co,,~u~;.3~ts Competitive Negotiation Act. At the discretio.~ of the Department, the Agency wit! involve the Depa,'*ment in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certit'y tO the Department i.i~at selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable Federal and State regulations, have the opportunity to participate in the performance of contracts and '" ~ "~ ,,,~o Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable Federal and State regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all Federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "cover¢-' "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," pdmary covered transaction,' "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings s Coverage sections of rules implementing Executive Order 12549. Contact the Department for ~ssistarrc~i~Fn'rr~g a of those regulations. copy NOV 13 21101 525-010-40 CONSTR JCTION OGC - C2,'21 Pa~se 7 cf 12 The Agency further agrees by submitting this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" Nothing contai;,cd :n the foregoing shall be construed to require establishment of a system of records in order to i;. good faith th~ certification required by this claudia. The know~cdge and information of the Agency is not required to exceed that which '.s normally processed by a prudent person in thC ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms o compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development o operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil .~.Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the ri i~'~1~-¢'~ i~l~¢v~d the ADA, the regulations of the Federal government issued thereunder, and assurance by the ~,g~e,,r~u.y purs~o. NOV 1 3 2001 525-0107,3 CONSTRUCTION OGC - C2/01 Page 8 cf 12 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a convictior for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.184 F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. !2.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontract,:rs cp. all enter into any contract, subcontract, or arrsncjement in conn~tion with the project or any prope~,y included or p:anned to be included in the project in which any member, officer or emp!oyee of the Agency or the Iocai;~y during his tenurc or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with pdor approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Depar[ment for any loss incurred in connection therewith. The Agency will be responsible for secudng any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requireme.nts of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it h ~s agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its app hereunder. NOV 1 3 2001 525-C~G-43 CONSTR JCTION OGC - C2~01 Pa2e 9 c' 12 13,06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law, provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees dudng the pedormance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense adsing out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any similar provision of law. Wl~en the Department rece~,'es a notice ct claim for dab:ages that may ~,?ve been caused by the Agency in the performance of services required under this Agreement, the D3partment will immediately forward the claim to th3 Agency. The Agency and the Department will evaluate the claim and report tneir findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party paAicipates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency wri[ten approval with any approvedportions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this wdtten approval shall be sufficient cause of nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalf of the ~ Agency, to any person for influencing or attempting to influence any officer or employee of any Federal agency, a Member 3f Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal I°i'f"C'-the~e~'mte"e¢-'-',- . any cooperative agreement, and the extension, continuation, renewal, amendment or modificatio~ grant, loan or cooperative agreement. ,~o. NOV 1 3 2001 525-31C-40 CONSTRUCTION CGC - 02'01 Page 15 o' 12 If any funds other than Federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that alt subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State System, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (will) (will not) maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should, hc aware of the following time flames. Upon recc~:ot, the Department has five 5 working days. to in,pest and approve tile goods and services unless the bid specifications, purchase order or contract specifies otherwise. ;'he Depadment has 20 days to deliver a request for payment (voucher) to the Department of Backing 2,qd Fin~,'~ce. The 20 days are measured from the latter of the date the invoice is received orthe goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individua include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Title: Collier County BOCC Chairman Title: District One Secretary Attest: Attest:: Title: Clerk Title: Executive Secretary As to form: As to form: Attorney ,~,~..-'. (.¢'.~.*,,% .~ ~-~,.~, ~ District A~orney NOV 1 3 2001 See a~ached Encumbrance Form for date of funding approval by Comptroller. Pg' EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and COLLIER COUNTY Dated PROJECT LOCATION: THREE (3) LOCATIONS: 1. CAROLINA AVENUE, 2. ESTEY AVENUE, 3. SHADOWLAWN DRIVE The project O is (~) is not on the National Highway System. The project O is ~) is not on the State Highway System. 'ROJECT DESCRIPTION: PROJECT CONSISTS OF DESIGN, CONSTRUCTION AND INSPECTION FOR PROVIDING FOUR (4) FOOT SHOULDERS ON EACH SIDE OF THE ROADWAY FOR ESTEY AVENUE (STEEVES AVENUE TO JEFFEREY PLACE), SHADOWLAWN DRIVE (ESTEY AVENUE TO US 41) AND CAROLINA AVENUE (BROWARD STREET TO MCCARTY STREET). SPECIAL CONSIDERATION BY AGENCY: SPEC[AL CONSIDERATION BY DEPARTMENT: FIN NO. 4043601 38&5801 E X~-IIB I T A Project Scope The project consists of the design, construction and inspection for providing four (4) foot shoulders at the locations listed below. All of the work will be done within existing road rights-of-vcay. 1) On both sides of Estey Avenue (from Steeves Avenue to Jefferey Place), an approximate length of 4,200 feet. Refer to Map 1 for details. 2) On both sides of Shadowlawn Drive (from Estey Avenue to US 41 East), an approximate length of 4,200 feet. Refer to Map 1 for details. 3) On the east side of Carolina Avenue (from Broward Street to McCarty Avenue), an approximate length of 4,500 feet. Refer to Map 2 for details. The design surYey will be performed by consultants that comply with the requirements of this agreement. Design of all improvements to be provided by the in-house Transportation Operations Design Team. Construction of the improvements will be done through qualified contractors. The project duration has been set per the following milestone schedule: Su~,ey 2 months Design 2 months Bid and award 3 months Construction 3 months Total project: 10 months % r.:.,/-- NOV 13 2001 Pg. ~ - C~E .......... m ' NAPLES ~,4~,'~ .... ~ ~ c,' Y-'~.~;' I~' ~ , ~~~ ;: .../ ~ ESTEY AVENUE ~[.~) . .::,:;~ ..... ';~~;~'~'~ - ~' .......... SHADOW~WN DRIVE ~ DOCKS COU~T~OUS~ ~ ~ $, ABES" ~ j$ c~.~,~?; ~ , SHOP~I VG CZ.','FE~ ~ 7 - J ' .'~' ~' ~¢~ ~ c~ ¢ : :~ ~ ~: c~~ ..... "%' F ~-' / ~ ~ ~t ~..~ ~ ~,,..~ ~ ~>1-~' 'N~ ~.~%c ,~ ~.~- t ' ~ , ~' ~' ~.~ I~~ma ~- - -~--,~= ~ :-- '~ ~S ~. ,~ ~ .... . < : %~ .......... ~., I'~, ~ ~: ~~ '~=~t~ ~ ~ ~Rattles~ake ~'~" Ham: ,, :, S4rVlE;V. ~C ~-' YAcHrc'b'S -~ .... ': %~",~o~ LELY 88LF - ,?. .... _. _ . -<' "~V%.~' .,,-": ?'7,,'",~ '~- '- ' ,': L/ . , ¥ ,, ...... - ... M=-f~%0 '" '"' "*'" " D.O.T. ,.,., CASCA'DES ~1 ~LUB ~ LAl~OOz'2' Co. ROA~ FALLS ~A D J ~'S 'ITER :> ~ ~iHO~iES~ ~ --~ ,m ,~; ~L~/ ",~ ~ ~TA~ ~ j ~ ~Ou,','~ ' .u:' i ".:" g' ) .... ..~, · ~Oll~ WELLS C~ ,d j~ ViL[AS...,¢~,, c. :." t . ~. ~ ~ I -~ ~l~OL 'MAP NO 2 525-013-42 CO';STR JCTiON CCC - 82_/21 ~,GENCY NAME & BILLING ADDRESS FIN NO Collier County Transportation Services LOCAL AGENCY PROGRAM 2705 S. Horseshoe Drive AGREEMENT Naples, Florida 34104 EXHIBIT "8" 40436013801/40436015801 SCHEDULE OF FUNDING PROJECT DESCRIPTION Name COLLIER COUNTY WIDE PAVED SHOULDERS Lergth 12,900 FEET ~'UND[NG (1) (2) TOTAL AGENCY STATE & TYPE OF WORK PROJECT FUNDS FUNDS =EDERA_ =..-';DS P.E. a A~encyWork $27 00900 b Other ~q~,;~,~,, S45,435 O0 c DeDaqme~: Se~lces d Tote: PE Cost (a-D-c) 572,445 00 Right.f-Way e A~ency Work f ~her ~ De2a~me2t Se~;ces h Tota' PE Cost Con.ruction : Co.tract S5~903500 j Other k ~er m Tc:~ Cc~tract Cos:s ~i+j~k+l) S559 035 0O ~, s,r.~¢~,, Eng~neenng n Agensy s ~ner 3 Ce2a%me~t Forzes q Tota~ Construction Eng,~eering (n+o+p) r ,~,a ~2s.r;..c, Cos, (m~) S589,035 00 s ESTff~ATED TOTAL COST OF THE S641 ,~n.nn~ PR~ECT (d+h+r) No. NOV 13 2061 1 RESOLUTION NO. 2001- .3 4 A RESOLUTION AUTHORIZING EXECUTION OF A STATE OF 5 FLORIDA I)EI'ARTMENT OF TRANSPORTATION LOCAL 6 AGENCY PROGI~M AGREEMENT FOR THE COUNTYWIDE 7 PAVED SHOULDERS PROJECT; PROVIDING AN EFFECTIVE $ DATE. 9 10 11 WHEREAS, the Collier Count}' Board of County Commissioners (Board) wishes to 12 provide paved shoulders countywide; and 13 WITEREAS, the State of Florida Department of Transportation (FDOT) is authorized 14 under Section 334.044. Florida Statutes, to enter into a Local Agency Program (LAP) Agr¢cment 15 with certified agencies. Collier County is a certified agency; and 16 WHEREAS. the purpose of the LAP Agreement is to provide for the I-DOT's 17 participation in Collier County's "Countywide Paxed ShouIders" Project, further described in 18 Exhibit A: and 19 WHEREAS. the Board believes such an Agreement to be in the best interest of the 20 citizens of Collier County. 21 NOW. THEREFORE. be it resolved by the Board of County Commissioners. Collier 22 Count.',' that: 23 SECTION ONE: The Board does hereby authorize its Chairman to execute an FDOT 24 LAP .Agreement for their participation in the "Countywide Paved Shoulders" Project wherein 25 Collier County agrees to pa)' the estimated project costs of $641.450.00 and complete the project 26 on or before December 28, 2002. 27 SECTION TWO: Upon completion of the project as outlined in the LAP Agreement. ti~e 28 FDOT agrees to reimburse the estimated projects costs of S641,450.00 to Collier Count.','. 29 SECTION THREE: This Resolution shall take effect immediately upon its passage. 30 This Resolution adopted after motion, second and majority vote favoring same this 31 __ da}, of .2001. 32 33 ATTEST: BOARD OF COL.'NTY COMMISSIONERS 34 DWIGHT E. BROCK. Clerk COLLiER COUNTY. FLORiDA 35 36 37 By: By: 38 Deputy Clerk JAMES D. CARTER, Ph.D., Chairman 39 40 Approved as to form and 44 IJIeT~Ji ~:. A~shibn' 45 Assistant Count)' Attorney [.'-'7 E.X_Td2B IT A Project Scope The project consists of the design, construction and inspection for providina tbur f4) tbet shoulders at the locations listed below..&Il of the work will be done within-existing' road rights-of-way. 1) On both sides of £stey Average (from Steeves Avenue to Jefferev Place). an approximale length of 4,200 feet Refer to Map 1 for details. 2) On both sides of Shadowlawn Drire (from Estey Avenue to US 41 Eas~ an approximate length of 4,2©0 feet. Refer to Map 1 for details. 3) On the east side of Carolina .4vem~e (from Broward Street to McCartv Avcnuel. an approximate length of 4~500 feet. Refer to Map 2 for details The design sum,ex' will be performed by consultants that comply with the requirements of this a?eement. Design of all hnprovements to be provided by the in-house Transportation Operations Design Team Construction of the improvements wilI be done through qualified contractors. The project duration has been set per the fo, llowing milestone schedule: Survey 2 months Design 2 months Bid and award 3 months Construction 3 months Total project: 10 months EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL CARRY FORV~ARD AND DECREASE RESERVES IN THE NAPLES PRODUCTION PARK FUND. OBJECTIVE: To obtain approval of a budget amendment to enable appropriated but unencumbered funds from FY 00/01 to be reappropriated for use during FY 01/02. CONSIDERATIONS: On September 11, 2001, the Board of County Commissioners approved a Stipulated Final Judgement relative to the condemnation of Parcel No. 99/915 in the Naples Production Park [Agenda Item 16 (L) (9)]. Associated with that approval was an appropriation of funds in the amount of $6,800 to provide a credit against a sewer assessment, which was imposed against the property. The transaction to encumber these funds was unable to be accomplished during FY 00/01. Therefore, it is necessary to reappropriate these funds for use during FY 01/02. FISCAL IMPACT: The total amount of this transaction is $6,800. Approval of a budget amendment is necessary whereby additional carry for, yard from FY 00/01 in the amount of $6,200 will be recognized for use during FY 01/02 together with a decrease in reserves in the amount of $600 in the Naples Production Park fund (fund 138) to enable reappropriation for this obligation under project number 68065. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plata related to this action. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment to recognize additional carry forxvard, decrease reserves and to re-appropriate funds in the Naples Production Park fund. SUBMITTED BY: ~'-~~ DATE: /o,,~. Harold E. Huber, Project Manager Public Utilities Engineering Department REVIEWED BY: ,';)~_~. 2"_?~.~-c~--~ DATE: ~- //'z Roy B,.(Anderson, P.E., Director Public Utilities Engineering Department APPROVED BY: ~'~. 7~'&~Y ~~-~ DATE: Thomas G. Wides, Interim Administrator Public Utilities Division EXECUTIVE SUMMARY APPROVAL OF CONTRACT HW484 WITH TIlE FLORIDA . DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO PARTICIPATE IN THE ENItANCED SMALL QUANTITY GENERATOR PILOT PROGAM OBJECTIVE: To have the Board of County Commissioners approve a contract between Collier County and the Florida Department of Environmental Protection (FDEP). This contract will become effective October 1, 2001, until June 2, 2002. It will allow Collier County to participate in the Enhanced Small Quantity Generator (SQG) Program Pilot Project that is designed to enhance the FDEP/ColIier County hazardous waste generator compliance inspections within the county. CONS~ERATION: Since 1993, the Pollution Control & Prevention Department has been providing inspections of potential hazardous waste generators throughout Collier County under the approval of the Board of Coumy Commissioners. Recently, FDEP selected Collier County to pa~icipate in an Enhanced Program Pilot Project. FISCAL IMPACT: Total expenditures for the Enhanced Program Pilot project are estimated to be $49,997 and FDEP will reimbu~e the County for the work associated with it. Funds wqll be available in FY01/02 - Water Pollution Control Fund (114). GROWTH MANAGEMENT IMPACT: The approval of this contract will enable staff to meet with Objective 9.2 and Policy 9.2.1 of the Conse~,ation and Coastal Management Element of the Collier County's Grox;xh Management Plan. ~5 N RECOt .I, IE. 'DATION: That the Board of County Commissioners approve this contract and the necessa~ budget amendment as outlined below: 1. Authorize the Chai~an to sign the attached Contract HW484 with the FIofida Depa~ment of Environmental Protection effective October 1, 2001. 2. Authorize the staff to process budget amendments in the amount of $49,997. P~PARED BY: ~' DATE:_ fi- fl-/ / Nfl~ ~melisse Senior Administrative Assistant REVIEWED BY: 4 a~.~ ,~O ~ DATE: fl/-~/-C9/ a}ma Smith, Dire~o( APPROVED BY:~Z.~ DATE:/¢ ¢/ ~Thomas G. ;qri~es, Interim Administrator DEP Agreement No. HW484 STATE OF FLORIDA ENHANCED SQG PROGRAM PILOT PROJECT GRANT PURSUANT TO LINE ITEM 1778 OF THE 2001 - 2002 APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORiDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department" or "DEP") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 E. Tamiami Trail, Naples, Florida 33962 (hereinafter referred to as "Grantee" or "Recipient"), a unit of local government, to conduct an enhanced small quantity generator assessment, notification, and verification program. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to conduct a small quantity generator assessment, notification and verification program in Collier County, in accordance with Sections 403.7225, 403.7234, 403.7236, 403.7238 and 403.7265(9), Florida Statutes (F.S.); Sections 62-731.050 and 62- 731.062, Florida Administrative Code (F.A.C.); any subsequent policies regarding local hazardous management which the Department shall provide to the Grantee during the term of this Agreement, the provisions of this Agreement; Attachment A (Project Work Plan); and all attachments and e.xhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably. 2. The Grantee is responsible for the professional quality, technical accuracy, timely completion a.qd coordination of all designs, drawings, specifications, reports and other services performed by the Grantee under this Agreement. The Grantee shall without additional compensation, correct or revise any errors, omissions or other deficiencies in its designs, drawing, specifications, reports and other services. 3. Because sample collection and chemicaL/biological analyses are not part of the Agreement's scope, a Quality Assurance Plan will not be required for performance of services under the terms of this Agreement. 4. This Agreement shall begin upon execution by both parties and end June 2, 2002. A final invoice for all reimbursable activities performed under this Agreement shall be submitted no later than June 14, 2002, to assure the availability of funding for final payment. 5. As consideration for the services rendered by the Grantee under the terms of this Agreement the Department shall pay the Grantee on a cost reimbursement basis as provided below. Maximum compensation under this Agreement shall not exceed $50,000. A. For satisfactory performance, the Department agrees to reimburse the Grantee, on a cost reimbursement basis, as specified in Attachment A for its authorized and documented expenses. Attachment B provides a list of general expenditure categories authorized for reimbursement under this Agreement. General reimbursable expenditures listed in Attachment A (Project Work Plan) may, at the discretion of the Department, be authorized for reimbursement. B. Expenditures for any work performed prior to the execution of this Agreement are not reimbursable under this Agreement. ~0. /kc.. ,,~ .. DEP Agreement No. HW484, Page 1 of 6 N OV I 3 2001 PG. ~ C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Payment Request Summary Form (provided as Attachment C). In addition to the Payment Request Summary Form, the Grantee shall submit documentation, in accordance with the Comptroller's Contract Payment Requirements, attached hereto and made a part hereof as Attachment D, supporting the costs reported on the Payment Request Summary Form. All requests for reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. The Department reserves the right to audit the Grantee's disbursements, as it deems 'necessary. All hills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. D. The Grantee shall submit monthly invoices in conjunction with the monthly pro~ess reports required under paragraph 7.B. E. Five copies of each invoice, including appropriate backup documentation, shall be submitted to: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste Attn: Glen Perrigan 2600 Blair Stone Road, MS4555 Tallahassee, Florida 32399-2400 A final invoice must be submitted by June 14, 2002, to assure availability, of funding for final payment. 6. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 7. A. In an effort to conserve and recycle natural resources, the Grantee shall submit all reports generated under this Agreement on recycled paper. B. The Grantee shaI1 submit monthly progress reports detailing the current status of the Agreement including accomplishment of activities listed in the Project Work Plan (Attachment A), problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Monthly reports shall be submitted to the Department's Grant Manager no later than ten (10) days following the completion of the monthly reporting period. It is hereby understood and agreed by the parties that the term "monthly" shall reflect the calendar month. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. C. The Grantee shall provide the Department with copies of any educational and public awareness materials created or produced under this Agreement. All such materials shall become public domain. D. Documentation, in the form of required reports, must be in detail sufficient for pre-audit and post-audit review and approval of invoices. The Grantee agrees to provide a copy of any draft report and/or f'mal report to the Department before making, or allowing to be made, a press release, publication, or other public announcement of the project £mdings. 8. A. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. DEP Agreement No. HW484, Page 2 of 6 N 0 V 1 3 2001 B. The Grantee agrees to require all subcontractors to indemnify, defend, save and hold harmless the Department from all claims, demands, liabilities and suits of any nature arising out of, because of, or due to any negligent act or failure to act by the subcontractor, its agents or employees to the extent permitted by Florida law. 9. A. All work conducted under this Agreement by the Grantee shall be performed to the satisfaction of the Secretary of the Florida Department of Environmental Protection or his/her designated representative. B. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this A~eement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate this Agreement and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. C. In the event that the Grantee fails to perform all the services described under the terms of this Agreement, the Grantee shall reimburse the Department all compensation received within thirty, (30) calendar days of the receipt of the Department's written request for reimbursement. D. The Department may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the Grantee. E. Notice shall by sufficient if delivered personally or by certified mail to the appropriate Grant Manager. 10. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or'other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 11. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years fbllowing Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 12. In addition to the provisions contained in paragraph 11 above, the Grantee shall comply with the applicable provisions contained in Attachment E. A revised copy of Attachment E, Exhibit-l, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-I shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. If the Grantee fails to receive a revised copy of Attachment E, Exhibit-l, the Grantee shall notify the Department's Contracts Administrator at 850/922~5942 to request a copy of the updated information. 13. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. ~GI:.iWDA NO. DEP Agreement No. HW484, Page 3 of 6 N 0 V B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. C. Unless and to the extent indicated in paragraph 13.A above, this Agreement shall not be subject to transfer, assignment, sale or other disposition which would have the effect of substituting the Grantee's performance with that of another. 14. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. The Department's Grant Manager for this Agreement is identified below. Glen Perrigan Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road, MS4555 Tallahassee, Florida 32399-2400 Phone: 850/488-0300 or Suncom 278-0300 17. The Grantee's Grant Manager for this Agreement is identified below. Ray Smith Collier County Pollution Control Department 3301 E. TamiamiI Trail Naples, Florida 33962 Phone: 941/732-2502 or Suncom 751-2502 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 19. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 21. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete DEP Agreement No. HW484, Page 4 of 6 {~4 0V 1 3 2001 Property Reporting Form, provided as Attachment F, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or thef~ of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 22. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order ~vhich causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 23. By execution of this Agreement, the Grantee certifies that all information technology products resulting from this A~eement will properly manage Year 2000 dates/data. In addition, the Grantee agrees to comply with the provisions of Florida Department of Management Services, Division of Purchasing Memorandum No. 6 (1998-99), dated February 5, 1999, which are hereby incorporated by reference and provided as Attachment G, attached hereto and made a part hereof. 24. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this A~eement. Any action hereon or in connection herewith shall be brou~t in Leon County, Florida. 25. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. 26. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. ~o... /_/,~. ,~' DEP Agreement No. HW484, PageSof 6 NOV 1 3 2001 pG. ~ 27. This A_oreement represents the entire agreement of the parties. Any alterations, variations, changes~ modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this'Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. COLLIER COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: BY: !!i[!o~r,~D' *Title: James D.Carter, Ph.D., Chairman .... te Management desiorme Board of County Commissioners or /=l~'~Or [ Date: Date: t Cj '. DER Grant Manager L-07--~--"'~'- ................... DEP Contracts Administrator Approved as to form and legality: FEID No.: 59-6000558 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments included as part of this Agreement: Specify Letter/ T~vpe Number Description (include number of pages) Attachment A Project Work Plan (9 Pages) Attachment B Authorized Expenditure Categories (1 Pages) Attachment C Payment Request Summary Form (l Page) Attachment D Comptroller's Contract Payment Requirements (1 Page) Attachment E Special Audit Requirements (5 Pages) Attachment F Property Reporting Form (1 Page) Attachment G DMS, Division of Purchasing Memorandum No. 6 (1998-99) (3 Pages) MO, /&c. c:,t-~ DEP Agreement No. HW484, Page 6 of 6 NOV I 3 2001 po. '7 ATTACHMENT A PROJECT WORK PLAN The following pro,am elements are described to support the proposed expenditure of Grant funds for the Grant period of A~eement Execution through June 2, 2002. SQG ASSESSMENT, NOTIFICATION AND VERIFICATION PROGRAM The Grantee shall conduct the Small Quantity Generator (SQG) Assessment, Notification and Verification program in accordance with Sections 403.7225, 403.7234, 403.7236, 403.7238 and 403.7265(9), Florida Statutes (F.S.); Sections 62-731.050 and 62-731.062, Florida Administrative Code (F.A.C.). Updated data on small quantity generators notified and verified during the previous year in Collier County will be submitted to the DEP in an approved format, per guidelines in 403.7226, F.S., no later than June 2, 2002. As part of this pilot project the Grantee shall verify the management practices of at least twelve (12) percent of its small quantity generators. COUNTY ENHANCED SQG PROGRAM A. Compliance Assistance Visits (CAV) 1. The Grantee will conduct 300 hazardous waste generator compliance assistance visits (CAV) between Agreement execution and June 2, 2002. 2. The Grantee will select facilities to receive CAV from the current county Assessment Roll and the DEP Notifier Database for Collier County based on the following business D'pes within the following 2 digit SIC codes: Automotive Industry: 75, 55, and 76 Printing: 27 and 73 Medical Facilities: 80 Boat Manufacture: 37 Agriculture/Golf Course Maintenance Facilities: 01 and 79 3. The Grantee will conduct their CAV using a combined DEP and Collier County on site draft CAV form (Exhibit I). A copy of the completed CAV form, as well as other types of literature, will be le~ with the facility at the conclusion of the inspection. 4. At a minimum, the five most common RCRA secondary violations (accumulation time, container management, waste determination, used oil management, emergency management) will be closely monitored during each CAV visit. 5. The Grantee will distribute "Notification of Regulated Activity Form 8700-12" to all regulated non-notifiers that become known to the Grantee. These forms are to be filled out by the generator and mailed to the appropriate Department representative as designated on the form. A list of non- notifiers encountered will be providcd to the DEP South District Office as specified in item A.8. All regulated SQGs encountered will have EPA ID numbers entered into the SQG Database. 6. The Grantee will respond to complaints by performing a complaint investigation, documenting actions taken utilizing the CAV form, and maintain copies of all complaint information in the appropriate facility file. 7. Facilities found with "minor questionable management practices" will be asked to correct those problems and to provide written documentation back to Grantee indicating their return to compliance. Those facilities that have "major questionable management practices", not providing requested documentation, or found to be in non-compliance during any follow-up CAV will be turned over to the DEP South District Office for follow-up which may include enforcement action. The DEP South District Office will respond to referrals by the Grantee within 3 working days. A time schedule for follow-up inspections by the DEP South District Office will be determined and coordinated with the Grantee as specified in item A.8. 8. The Grantee will submit I copy of the CAV form preferably by e-mail, otherwise by mail, to the DEP South District Office, P.O. Box 2549, Fort Myers, Florida 33902-2549 on Friday of each workweek. If the CAV form submittal date falls on a holiday then the CAV forms will be delivered on Thursday or the day before if that day is also a holiday. TheDEP~'S~tmx .... ~.~z3,%~[~,£,'' DEP Agreement No. HW484, Attachment A, Pagelof9 [ [qC)¥ 1 3 Office will, via e-mail on each Friday, identify those facilities that DEP has inspected the previous week and any projected inspection to be done in the coming week to Grantee. 9. The DEP South District Office hazardous waste staff will be available to the Grantee for technical assistance. 10. The DEP South District Office and the Department's Grant Manager will make every effort to include the Grantee in all training events, monthly teleconferences (to discuss the progress of the contract program) and provide available pamphlet guidance on regulations or hazardous waste management. 11. The Grantee will submit to the Department's Grant Manager a final drall CAV form and handout literature at the end of the Agreement period. The Department's Grant Manager and DEP South District Office will assist the Grantee in modifying the draft CAV form and in delineating minor and major questionable management practices similar to significant and minor violations as defined in the Department's "Hazardous Waste Civil Enforcement Response Policy. 3/15/96". B. Training 1. The DEP South District Office will train the Grantee on conducting CAV. This will include a combination of classroom and field training as needed and determined by the DEP South District Office. Additionally, the DEP South District Office will conduct random oversight inspections of businesses that have received CAV by the Grantee to evaluate Grantee performance and provide additional training feedback. 2. The Department's Grant Manager will modify the SQG Data Management System (SQGDMS) to include an additional screen(s) and reports to be used to manage CAV. The Department's Grant Manager will provide database training for entering this data into the SQGDMS. C. Final Reports The Grantee will provide the following final reports for approval by the Department's Grant Manager no later than the end of the Agreement period: 1. Final Draft CAV Inspection Form. 2. Final Draft Standard Operating Procedure for conducting the CAV. 3. Final Draft Standard Operating Procedure for DEP/County coordination of the County Enhanced SQG Program. 4. Final draft Model County Enhanced SQG Program Memorandum of Agreement between the DEP South District Office and the Grantee that outlines continued coordination and communication based on the results of this contract. 5.A summary report that contains the following information: a. Number of county inspections by business type as identified in item A.2. b. Number of businesses in compliance by business type as identified in item A.2. c. Number of businesses out of compliance by business type as identified in item A.2. d. Type of violations found (Minor vs. Major) including the number of minor violations by type, including the five listed in A.4. e. Number of businesses brought back to compliance (include any follow-up site visits) by business type as identified in item A.2. f. Number of businesses referred to the DEP South District Office by business ty, pe as identified in item A.2. g. Time required for each inspection by business type as identified in item A.2. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ~q0. / r, c_. DEP Agreement No. HW484, Attachment A, Page2of 9 N0~/ J 3 2001 pg. q BUDGET FOR FUNDING PERIOD Human Resources Field Work: Two Environmental Specialists will perform onsite CAV, follow up inspections, respond to pro.am related pollution complaints, prepare written compliance correspondence, participate in State RCRA training and all required communication with the DEP South District Office staff. Estimated Cost is Based on 300 CAV Estimated Estimated Estimated Hours per Inspection Project Hours Total Hours CAV: 2.5 750 CAV Follow up: .5 150 Correspondence: .5 150 Training: 0 80 80 Total 3.5 1,130 Position Estimated Total Hours Hourly Cost No. of (including Wage Inspections training[) Inspector: Musa Nossie 150 565 hours $17.77 $10,040.00 Inspector: Frank Traficanti 150 565 hours $ 16.76 $9,469.00 Total = S 19,509.00 Note: Indirect overhead costs are not included due to the fact that the State has limited grant funding available (S50,000). Collier County will pay indirect overhead costs associated with this program. Proiect Management: Includes all administrative work necessary to properly implement the Agreement, which includes purchasing all needed supplies, data tracking, communication, review and reporting, and preparation of the deliverables. Position Estimated Hours/Month Total Hours Hourly Wage Cost Acting Director 15 120 $32.69 $3,922.00 Clerical Supervisor 5 40 $20.89 $835.00 Secretary 20 160 $12.60 $2,016.00 Total = S6,773.00 Note: Indirect overhead costs are not included due to the fact that the State has limited ~ant funding available (S50,000). Collier County will pay indirect overhead costs associated with this program. Human Resource Cost = 5;26,282.00 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK NO., [C ~ OEP Agreement No. HW484, Attachment A, Page 3 of 9 N 0V 1 B 2001 PG. EQUIPMENT AND SUPPLIES Ail equipment will be specifically used durin~ the pilot project. Equipment & Supplies Brand/Model Quantity Cost Field Computers/Accessories Fujitsu Stylistic LTC 500 2 $5,000 Field Computer/Accessories Panasonic Tough Book 1 $7,000 Field Computer Printers 2 $700 Desk Top Printers 2 $1,100 Internal CD-RW Burner 3 $450 GPS 2 $500 Used Oil Halogen Detector Model TIFXP1 2 $900 Digital Camera/Video 2 $1,300 Camera Memory 2 S350 Memory Stick Floppy Disk Adapt. 2 $250 Personal Protective Equipment As $250 Needed RCRA/Used Oil Decals As $200 Needed RCRA Books/Sofb, vare As S950 Needed Microsoft Back office Client Part # 377-01365 3 S450 Access 2000 License Microsoft Office XP, Professional Part # 377-01365 3 S900 Enterprise MVL License Norton Anti-virus for Windows Part # NS07-90-01273 3 $75 2000 version 7.5 License Equipment/Supplies Carrying Samsonite Wheeled 2 S200 Portiblio Case Total Equipment & Supplies Cost = S20,575.00 OTHER DIRECT COST Other Direct Cost Estimated Cost CAV Form Printing S600.00 Hand Out Printing $800.00 Copying $250.00 Mail S290.00 Travel for Training 81,200.00 Total Other Direct Costs = S3,140.00 The total cost for performing the Enhanced SQG Pilot Program is listed as follows Summary of Estimated Costs Human Resource $26,282.00 Equipment & Supplies $20,575.00 Other Direct Costs $3,140.00 Total Cost Not to Exceed S49,997.00 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK EXHIBIT I DRAFT COMPLIANCE ASSISTANCE VISIT (CAV) INSPECTION FORM Collier County Pollution Control And Prevention Department Health & Community Services, Bldg. H/3rd Floor 3301 E. Tamiami Trail, Naples, FI. 34112 Tel: (941) 732-2502, Fax: (941) 732-2574 SMALL QUANTITY GENERATOR ON-SITE INSPECTION FORM Facility ID#: Date Entered: Entered By:. Letter Mailed (Date): Telephone Calls (Dates): Notice LeA at Site (Date): Telephone Date (Occupational License Dept): Inspect. #: Date: Time In/Out__/ Inspector: SIC Cod: EPA# Required: Yes No __ EPA #: Fire District: Last Fire Dept. Inspection: FACILITY INFORMATION: FACILITY NAME: STREET ADDRESS: CITY, STATE, ZIP: MAILING ADDRESS: PROPERTY: OWNED BY: LEASED BY: MANAGED BY: LATITUDE: LONGITUDE: FACILITY OWNER/MANAGER: TITLE: FACILITY CONTACT: TITLE: FACILITY PHONE #: ALT. PHONE or FAX or PAGER#: NO. YEARS: NO. OF EMPLOYEES: PREVIOUS USE IF APPLICABLE: SITE INFOP~MATION: WATER SUPPLY: SEWAGE: DRAIN(S): BRIEF DESCRIPTION OF SITE: OB N NP M CESQG SQG* LQG* If the facility is "Out of Business'; does it warrant FDEP Notification.9 .................................................... Yes No N/A WELL FIELD PROTECTION ZONE LOCATED: W-1 W-2~ W-3~ W-,4~ GWP~I1 t (*IF SQG or LQG WELL FIELD LOCATION IS REQUIRED.) ^,;r,o~ XTC,~ .... COMPLIANCE: YES NO (IF NO, refer to COMMENTS on Page 2.) ~q0. /~. d. 'i'-"~. DEP Agreement No. HW484, Attachment A, Page 5 of 9 N 0V } 3 2001 pG. /~-- On Site Inspection Report 1. Does the business service its own vehicles or equipment? ............................................... __Yes No *Ifyes. Are wastes generated from the service? ......................................................... Yes No __N/A 2. Are shop rags, wipers or paper towels generated? .................................................... __Yes__ No *If yes. What products or wastes come into contact with them? How are they disposed? If applicable, Laundry Sen'ice Name: 3. Does the facility, generate a hazardous waste regulated by Part 261 of RCRA? .................. __ Yes No __N/A *IF NO. SKIP TO QUESTION # 12. IF YES, COMPLETE QUESTIONS 4 THROUGH 12: 4. Has hazardous waste determination been made on all waste generated? (262.11) ................... __Yes No__ N/A 5. Has a generator status been determined? (See chart on page 3) ........................................ __Yes__ No __ N/A 6. Is there a change in generator status since previous inspection? ........................................ Yes__ No N/A 7. Does the facility document delivery of hazardous waste to off-site treatment, storage, or disposal facility by keeping waste receipts/manifest onsite for a period of three years? (CESQG-62-730.030. SQG - 262.44) ....................................................................... Yes__ No N/A 8. Does the facility mix solid waste with a hazardous waste o_[r hazardous waste with used oil? (261.5) __Yes __No__ N/A 9. Is there visual or other evidence of spillage, discharge, or other placement of hazardous waste or other regulated pollutants into the environment (includes: soil, surface and ground water, air) in violation of local, state and federal regulations? ...................................................................................................................... Yes No N/A 10. Does the facility store drums of waste/product (circle one or both) onsite? (262.1 I) ................. Yes__ No N/A I 1. Are Material Safety Data Sheets available for all chemicals being used at the facility.? ............. __Yes__ No __N/A Is the complete chemical list available? ...................................................................... __Yes No __N/A 12. Does the facility have a Collier County Occupational license? ......................................... __Yes__ No N/A *If Yes, License Number: Expiration Date: WASTES GENERATED: WASTE ~VbMXLM U M AVERAGE STORAGE DISPOSAL ON/OFF HAULER NL-~NIFEST CODE MONTItLY AN,'NUAL CODE CODE SITE SITE (Y,.~) LETTER QU..MNTITY QUANTITY LETTER LETTER DISPOSAL TOTAL = REGULATED + NONREGULATED IL&ZARDOUS WASTE TOTALS - MONWtlLY: tlAZARDOUS WASTE TOTALS - ANNUAL: ---' ,~G£nOA IT£ln DEP Agreement No. HW484, Attachment A, Page6of 9 [ NOV j 3 2001 On Site Inspection Report '"' \ hazardous / solid waste compliance assistance unit was made this date, to determine your facility's compliance with Chapter 403 & 376, F.S. and Chapters 62-710,711,730,737,761, Florida Administrative Code (F.A.C.) Portions of The United States Environmental Protection Agency's Title 40 Code of Federal Regulations (C.F.R.) 260 - 279 have been adopted by reference in the state rules under Chapters 62-730 and 62-710, F.A.C. The following potential items of non-compliance were identified by the inspector(s). This is not a formal enforcement action and may not be a complete listing of all items of non-compliance discovered during the inspection. GENERAL HAZARDOUS WASTE (Hn, V)REQUIRMENTS STORAGE TANK SECONDARY CONTAINMENT [] Failure to ensure delivery of HW to proper HW facility {~ 261.5 [] Drain valves open 62-761.700(3)(a)3 [] Failure to provide hazardous waste determination § 262.11 [] Incomplete containment structure 62-761.700(3)(c) [] Facility. exceeds 90/180 day time limit § 262.34 OTHER RULES [] Failure to notify, as generator § 262.12 [] Secondary Containment Dry Cleaning Statute 376.3078(7) [] Failure to use a manifest or reclamation agreement § 262.20 [] Discharge of a pollutant, 403.161, F.S. [] Failure to handle to prevent breakage 62-737.400(5) [] Exceeds Tire Storage, 62-711.300 [] Faiturc to label containers 62-737.400(5)(b)(1) [] [] Failure to provide personal training § 265.16, 262.34 [] [] Evidence of release(s) of § 265.31 [] CSED OIL' FILTER REQUIILMENTS FACILITY HW RECORD KEEPING: HW CONTAINER MANAGEMENT [] DEP Small Quanti, Generator Handbook [] DEP ttW Reg. For CESQG [] Training records § 262.34 [] DEP Summao' of HW Regulations [] DEP HW Regs. For SQG [] Leaking / bulging § 265.t71 [] EPA 8700-12 Document [] List of HW/Used Oil Transporters [] Spill Avoidance & Response Procedures [] Florida Automotive Recyclers Handbook [] Antifreeze Recycling Vendors [] P2 Pamphlet [] Request for Status or Info Change [] Envir. Labs [] Envir. Consultants [] E.R. Cleanup Contractors [] Antifreeze for Recycling / Waste Antifreeze Fact sheet [] Computer, TV, Electronic Fact Sheet & Recyclers [] Fluorescent lamps/mercury Containing Devices Fact Sheet [] Environmental Reg. & the Agriculture Industry [] Summao.' of Used Oil / Used Oil Filter Regulations Fact sheet [] Other: DEP Guides [] Other: [] Printers [] Printed Wiring Board [] Fiber-Reinforced Plastic Mftrs. [] Laboratories [] [] Photo Shops [] Furniture Refinishers [] Automotive Repair [] Dry Cleanners [] [] Pharmacies [] Paint & Body Shops [] Managing Hg at Med. Facilities [] [] ~n. lq-' FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUMMARY OF INSPECTION / POTENTIAL NON-COMPLIANCE ISSUES - Cont'd WASTE CONTAINER INVENTORY 1) 55 0B MpC°ntainerl 2 5 16 27 Size30 Open y/n Container Contents Waste Codes Start Date 2) 125162730 550BMP 3)125162730 55 0 B M P 4) 125162730 55 OB MP 5) 125162730 55 0BblP 6) 1 2 5 16 27 30 55 0BMP 7) 125162730 55 0BMP 8) 1 2 5 16 27 30 550 BMP MANIFEST RECORDS , Manifest # Manifest Date Waste Description / Destination , Waste Amount Waste Codes 1 2 3 4 6 ! 8 Nei- DEP Agreement No. HW484, Attachment A, Page8of 9 NOV 1 3 2001 Notes / Observations: The o~vncr/operator is requested to submit in writing within 30 days of this inspection the following: 1) a description of all corrective actions taken. 2) A schedule for completion of corrective action to be taken 3) A description of efforts to prevent recurrence of the above items RECOMMENDATIONS: If you have any questions, please contact at (941) 732-2502 Inspector (signature) Date: The undersigned person acknowledges that he/she received a copy of this summary. Signature: Printed Name Title: Date: OWNER/OPERATOR COMMENTS: AG£M~ ~0. 1,'~ C '~" ~ DEP Agreement No. HW484, Attachment A, Page9of 9 NOV 1 3 2001 i PG. /~' " ATTACHMENT B AUTHORIZED EXPENDITURE CATEGORIES SMALL QUANTITY GENERTOR ASSESSMENT, NOTIFICATION AND VERIFICATION PROGRAM Administration: Administrative expenditures shall be limited to those authorized by the Department which are identified in Attachment A. -Salaries -Travel and per diem Capital Outlay/Expense: Equipment and material necessary for the compliance activities associated with the Small Quantity Generator Program -Computer hardware, software, peripherals (limited based on county program need) -File storage -Office supplies -Other equipment - obtain DEP Grant Manager's written approval. Educational and Public Awareness Expense Items: Promoting proper hazardous waste management and/or pollution prevention through the development and distribution of educational and public awareness materials. -Fact sheet, brochure development, duplication and distribution -Workshop development including advertising -Staff training (RCRA, waste management educational workshops such as TREEO, DEP) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK i AG[MDA ITEM 1' ~.o, / c.c- DEP Agreement No. HW484, Attachment B, Page 1 of 1 [ NOV ! 3 2001 L PG...,, 1'7 ATTACHMENT C PAYMENT REQUEST SUMMARY FORM GRANTEE: GRANTEE'S GRANT MANAGER: DEP AGREEMENT NO.: PAYMENT REQUEST NO.: DATE OF REQUEST: PERFORMANCE PERIOD: AMOUNT REQUESTED:$ PERCENT MATCHING REQUIRED: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Period] AMOUNT OF THIS TOTAL MATCHING CATEGORY OF EXPENDITURE REQUEST CUMULATIVE FUNDS PAYMENTS Salaries S S Fringe Benefits $ $ Travel (if authorized) $ S Subcontracting: S Planning S S Design $ Construction S S Consk"uction Related Costs $ Equipment Purchases Supplies/Other Expenses $ $ Land N/A N/A (~) Volunteer Services N/A N/A Z Donated Goods/Services N/A N/A Overhead N/A N/A TOTAL REQUESTED $ s N/A TOTAL GRANT AGREEMENT $ Less Total Cumulative Payments of: $ TOTAL REMAINING UN GRANT $ GRANTEE CERTIFICATION The undersigned certifies that the amounts being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number ~0. z6 &. .. DEP Agreement No. HW484, Attachment C, Pagel of 1 ~OV I 3 2001 ~,a. /8' ATTACHMENT D Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reirnbursentent Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A pasxo[1 register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement xvill be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property, to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the Grantee to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. · DEP Agreement No. HW484, Attachment D, Page I of I NOV i 3 2001 ~.,, ./~ ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreemenO may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs, gov/cfda. DEP Agreement No. HW484, Attachment E, Page 1 of 5 ~ 0V 1 3 2001 PARTIhSTATEFUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this a~eement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission ora reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained fi.om other than State entities). 4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office located at http://sun6.dms.state.fl.us/fsaa/for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://xvx~v, fl gov.com/, Department of Banking and Finance's Website http://v,~vw.db f. state.fl.us/aadir/FSAAlndex.html, and the Auditor General's Website http://sun6.dms.state.fl.us/audeen. PART IIh OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: ~0. /,¢,d,' ,'- - DEP Agreement No. HW484, Attachment E, Page 2 of 5 LP¢' iq 0Vol. i ] 3 200] A. The Department of Environmental Protection at each of the following addresses: Glen Perrigan Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road, MS4555 Tallahassee, Florida 3239%2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any mav. a~eme~t letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Glen Perrigan Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road, MS4555 Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Glen Perrigan Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road, MS4555 Tallahassee, Florida 32399-2400 DEP Agreement No. HW484, Attachment E, Page 3 of 5 N OV I 3 2001 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this a~eement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Glen Perrigan Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road, MS4555 Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK M0. /6. c,. , - j NOV I 3 DEP A~rCemCnt ~o. ~'W'454, Attachment E, Pa~e 4 of 5 2001 t ATTACHMENT G SERVICES February 5, t999 Suite 335 MF2,~OR.ANDUM NO.: § (98-99) TO: State Agency Pure,rasing D~rec~ovs, Chic/' [nl'~rrnarJ on Officers FROM: x-~ George C Banks, CFPO Dir~Lnt, Slate Purchasing SUBJECT: Year 20~0 Caml~liance Warranty Clause The ()ffice of Iht Attorney Get~,,rat [n conjunc6on wilh the Year 200D Project Office and State Purchasing. has dcv,:lvped a c. omptehcmivc Year 2fK)0 Compliance clau~e which iaclu~ a compliance w~rramy, remedy, and rr~cllrr'$ r~ponsibitity. II is recomrncnded ,lint this Year 2000 Compliance language be in¢lucled (in i~.q ertl[mt'y) in any procun~m~nt document and toe, tract roe [nl'ormatioa technology hardware, .,,ot'twa~c, ar~L scrvicm, at, d 0th~ "products" which ~re or contain ~ohwam, firmware, m[crocod~, o, cmbcdded chip ~e. cknolog'y. It is ao~ nece&,.a.fy ~o replace thc Year 2000 language Jn existing procurement d0cumant~ or contract, but in~tcad, utdizc this ne~ I~nguage [n any new prucummeras :md conlracts. Also. for "producti" or scrvice~ bough~ l'mm Statc contracts il i.~ ac~ ner..e~sary to ~dudc thc 2000 language in ~be procurement document or cun~ra~, since vendors ~rc alrvedy bound, by th~ Ye~t 2003 language in the State contract This Yr~u 2000 Cumphance language is ava~lubl~ ia SPURS. ~ O. ____/_c ~__:: DEP Agreement No. HW484, Attachment G, Pagelof 3 NOV I 3 2DOll] Sta~¢ A~¢ncy Pumhasmg Dirc~lor.~ P~ge 2 ~ ~ COMI'~NCE WARRAN-FY F~r ~s of chis Y~r 2~ wat~m~, ~ ~ "PrOud" 5hall mcluff: softw~, firmware, ~crocO~e, h~dw~c ~d em~ ch~p technol~y. V~r wa~an~ that ~he Fmd~t ts Year 2~ C0~pli~t. ~1 vcrsi~,t o[' t~ Pfoduc~ of~d by t~ ~ndor and p~:ch~ed by t~ State, ~or which V~dor is ohliga~d to pmvi~ ~mlcc ~e, and in ~e ~mre. will ~, Ye~ 2~ Compliant. Ye~ 2~ ~mpliam ~ans the P~I wit] incl~e the ability to: c~n~s~n~y ha~le daze info~afion ~f~m. during. ~d f~ion ~fo~, doting ~td ~r 3~t,~ I, 2~. wi:~ut iht re~ foe ~o~rg chm~ ca~cd by thc ~flvcnt of~h= ~w c~tu~: pro~ly ~e ~1 date ~lat~ info~m~on ~f~c and following Jan I, 2~I. inc[udEn~ bm ~ot h~d to accueate and mHablc ~nc~ in ~=~ing dare and date ~t~ed d=a. incluWng c~euJa~ng coming and ~ue~ingt ~o~zly ~s~ ~y ~nd ali ~te c~culad~s ~f~, on ~d ~tce Ibc 1=~ ~ ~ ~ F=b~ 29, ~e d~Oon of tiffs w~y and thc ~d~es av~hblc Io ~he Stere for b~h of I~s w~y o[ ~hi~ ~nn~t, ~v~dcd ~h~c nOtw~l~t~Jng ~y ~ovision to m~ ~ont~ in s~h pmvix~ou(s), or in ~h~ ab~nce of any such wa~nty ~vi~on(s). ~Secm in t~ Product with ~g~d m Ycu~ 2~ Compli~cc. if ~n?, will ~ ~c~d by Vendor at Vcado~'s eus~ wiXllin fi~fr~ne mutually ag~ u~n with We State- Vendor cannat ~ ~Ld N~nS~ tbr ~s ~sultin~ from d~vi~ or s~2ms ~x~mal ~o th~s c~! w~ch ~ ~t~ted to dir~c~y ~y dat~b~ p~vid~ un~r ~ ~r~ment ~d ovc~fit~ ~od~ ~e fields or from fha imp~ [ntegra~o~ of ~ou-Y~r ~0~ Complimt s~tmms. N~ng in this w~aney ~ ~s~t w defects other th~ Yet 2~ ~rfo~cc. YEAR ~ REMEDY C~USE M ~e ~vent of my d~ in gcoduct f~ctionality reta~ to ~c ~d dm~ ~Iat~ eode~ and in~rn~ subroutines ~h~ im~e t~ ~ ~ ,~ftw~c pm~ams f~m ~mling b~yond Millennium Dm~ C~n~, ~eensors and Vendors of Dcc~o~ products. ~e to m~ s~ui~ co~;-fi~s to ~sto~ ~w~ and ~ftwnc p~gra~s to ~ s~e Ic~t of funcffon~i~y ~ w~t~ ~in ~ no ch~ ~ me license, and without intc~pti~ ~o ongoing business of thC l~cen~, ti~ ~i~g ~ the essenc:. I.G£ tsD ~, IT£~ DEP Agreement No. HW484, Attachment G, Page 2 of 3 ~- NOV 1 3 2001 ~. ,~7 Slate Agency Pur~h~ing Fcbvuury 5. 1999 P'.~g e 3 All p~uc~ bi~ un~r t~s bi,cont,[ will ~ Yeg 2~ comp/i~t. Y~ during, and ~er J~u~ 1.2~. i~lu~ng a~ep~in8 da~ input, providing O~e o~lput, and ~e~sing date~; function ~Fore. d~ing ~d afar Janu~ 1.2~. w~t~ul ~be n~ t~ ptog~m ~fo~c ~d fotlowing Jan I, 2~1. inclu~ng bm not l[mir~ tn ~a~e ~ ~liable m pr~asing d~ and date ~latcd d~ta, inclu~ng c~lculattag, comp~ing ~d ~qucnciag; ~rly D~e~ ~y ~d ~1 ~ emulsions ~fo~, oa ~d ~r thc )~p ~ date of Feb~ 29, 2~ ~d atom ~d ~tde ~t~t of date information in ways thai ~ u,~biguous ~ to cent~. ~sdle~ may ~vide a "p~s t~gh w~;y' f~, ~hc develo~r, which meet; all 1~ wmanty ~ui~nt~ ~ tM State. and whick sh~ i~l~e ~her w~ties provJd~ ~ thc ~nut'~t~c or so~w~ ~v~. R~ellcr ~;~1 ~xponsJblc for w~ty ~su~ce. as~ts~nce, enfo~nt and ney otl~ ~ons or Pl~s~ coa¢~ ~ H[~ks ~t 487~17. Suncom 277-~ ~ 7. ~ald you ~v~ q~e~ ~r need ~atzioa~ info~ioa. NOV EXECUTIVE SUMMARY CERTIFY FINANCIAL RESPONSIBILITY FOR NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELLS, PROJECT 73948. OBJECTIVE: To obtain Florida Department of Environmental Protection (FDEP) permits to construct deep injection and monitoring wells for the North County Water Reclamation Facility (NCWRF) Expansions so as to be utilized for disposal of excess reclaimed water which cannot be used during wet-weather and effluent which cannot bc reused. CONSIDERATIONS: On October 9, 2001, the Board per Agenda Item 16(C)(1), awarded the design and construction services contract for the NCWRF Deep Injection Wells to Water Resource Solutions, Inc. The NCWRF is currently being expanded to increase wastewater treatment capacity from 8.5 MGD to 13.5 MGD by 2001 and ultimately 30.6 MGD by 2005. Additional wet-weather disposal capacity by deep injection wells is needed to keep pace with the on-going facility expansion. Two deep injection wells with one monitoring well are being designed and permitted for the NCWRF Deep Injection Well System. The FDEP rules require that a permittee for Class 1 deep injection wells demonstrate and maintain fin~ancial responsibility indicating they have the financial capability and plan for plugging~ and abandonment (P&A) of deep injection wells and associated monitoring well if necessary. The attached certifications shows cost estimates for P&A to be $420,000 each for Deep Injection Wells IW-1 and IW-2; and $195,840 for Deep Zone Monitoring Well DZMW. Total cost estimated for P&A is $1,035,840. FISCAL IMPACT: No funds are needed. In the event funds are needed to plug and abandon any of the proposed wells, the source of funds will be Impact Fees. GROWTH MANAGEMENT IMPACT: This project is needed for the disposal of excess reclaimed water during wet weather at the NCWRF as recommended in the 1997 Wastewater Master Plan Update .adopted by the Board on July 22, 1997, items 12(c)(4) and 12(c)(5). The current and future expansions of the NCWRF to meet growth demands leads to increased wastewater flows, thus requiring increasing the existing back-up reclaimed water disposal capacity by providing deep injection wells. n0... /~ a NOV 1 3 2001 Executive Summary Certify Financial Responsibility for NCWRF Deep Injection Wells Page 2 RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, authorize the Chairman to sign the Certification of Financial Responsibility required to be submitted with the NCWRF deep injection well permit applications. PREPARED BY: ~'~'~/~/"' :'/~~ DATE: iv,///') / ~., / Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department Roy t~'. Anderson, P.E., Director Public Utilities Engineering Department REViEWED BY: t~'~. ~ DATE: Jo{~Cheatham, Wastewater Director Public Utilities Division .REVIEWED BY: '~,¢'~ ~'~ DATE: /o/.--9/,~, Thomas G. Wides, Interim Administrator Public Utilities Division Attachments: Certification of Financial Responsibility NOV 1 3 2001 Pr.,. CERTIFICATION OF FINANCIAL RESPONSIBILITY Collier County, a unit of the local government of the State of Florida, hereby certifies that it has unconditionally obligated itself to have the financial resources necessary to close, plug, and abandon two Class I underground injection wells and related monitoring wells, as required by Chapter 62-528, Flodda Administrative Code. It is further understood that the cost estimate to conduct plugging and abandonment, established on October 15, 2001 , shall be reviewed on an annual basis and this obligation shall incorporate accumulated inflation costs. An annual adjustment exceeding 10 percent in any one year shall require submission of an updated certification form. List of Injection Wells Covered By This Agreement: IW-1, IW-2, and DZMW (for each injection well list the following information) Facility Name: North County Water Reclamation Facitity Facility Address: 10500 Goodlette Road, Naples, FL 33963 Facility Contact: Mr. Joseph B. Cheatham, Wastewater Director Phone Number: (941) 594-1731 Latitude/Longitude of Injection Well #1:26° 15' 49"N / 81 ° 47' 08"W Latitude/Longitude of Injection Well #2:26°15' 52"N / 85o 47' 08"W Latitude/Longitude of Dual-Zone Monitoring Well: 26°15' 50.5"N / 810 47' 08"W DEP/EPA Identification Numbers: FLS Current Plugging and Abandonment Cost Estimate: $1,035,840.00 It is hereby understood that the cancellation of this certification may not take place without the prior written consent of the Secretary of the Florida Department of Environmental Protection. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Signature James D. Carter, Ph.D, Chairman Date: Approved as to form and legal sufficiency: ba~d C. Weigel- ~ -- AG~ NO& IT£~ County Attorney .0., /~, c ~ NOV 1 3 2001 COLLIER COUNTY NORTH COUNTY WATER RECLAMATION FACILITY SUMMARY PLUG AND ABANDONMENT COST ESTIMATE~ FOR TWO INJECTION WELLS AND ONE DUAL ZONE MONITORING WELL (Cost in 2001 Dollars) i Cost per Number of Total item Well Type ' Item , Well Wells Cost Injection Wells ',IW-1 and IW-2) Mobilization / Demobilization 100,000 2 200,000 Pad Retrofit 20,000 2 40,000 Well Control 7,000 2 14,000 Preparation for Abandonment 18,000 2 36,000 205,000 2 410,000 Cementing Contincjency 70,000 2 140,000 Dual Zone Monitoring Well Mobilization / Demobilization 85,000 1 85,000 =ad Retrofit 20,000 1 20,000 ~reparation for Well Abandonment 6,000 1 Cementing both Casings 52,500 1 52,50u i Contin~lenc¥ 32,640 1 32,340 Total: 1,035,840 ~See attached plug and abandonment plan for details. - l A~,[NOA IT[I~ 04168R SEC 60NLY.G0601.doc N 0 V 1 3 COLLIER COUNTY NORTH COUNTY WATER RECLAMATION FACILITY (Revised October 15, 2001) 6.0 PLUGGING AND ABANDONMENT PLAN The attached plugging and abandonment plan is provided to include the total costs and procedures for plugging IW-1, IW-2, and the dual-zone monitoring well. The total estimated cost for abandoning both the injection wells and the dual zone monitoring well is estimated to be $1,035,840. 6.1 Injection Well IW-1 and IW-2 In the unanticipated event that IW-1 and IW-2 should fail to perform satisfactorily for effluent disposal or should fail to provide adequate protection to overlying sources of water, a plugging and abandonment plan is presented with associated costs. 1) Bid Item #1 includes all work associated with mobilization and demobilization of the drilling rig and supporting equipment suitable for the task. This bid item also includes work required to retrofit the drilling pad with new pad walls to prevent fluids from being accidentally spilled on the ground. Pad retro-fit $ 20,000.00 Mobilization-demobilization $100,000.00 2) Bid Item #2 includes all the materials and work required to stop well flow or "Kill" the injection well. Salt $ 7,000.00 04168RSEC6ONLY.G06OI.dOC NOV 1 3 Z~i 3) Bid Item #3 includes all work required to fill the open-hole (injection zone) with crushed rock or other similar material up to the base of the 24-inch diameter casing or set a cement bridge plug at least 10 feet below the base of the 24-inch casing. $18,000.00 4) Bid Item ¢f-4 includes ali materials and work to fill the 24-inch diameter casing with neat cement. Note: Section 62-528.435(7), FAC includes the statement "neat cement grout or approved equivalent". For the purposes of this document, it is assumed that the FDEP would not approve the use of extended cement in implementing this plan. 8,200 cubic feet of cement $ 205,000.00 Subtotal contractor costs (Bid Items 1-4): $ 350,000.00 Contingency (20%) $ 70,000.00 SUBTOTAL EACH WELL $ 420,000.00 SUBTOTAL CONTRACTOR COSTS (2 wells) $ 840,000.00 Additional costs would be required to design, submit, and obtain approval of the abandonment plan itself, as well as the design, permitting and implementation of the post closure monitoring plan. The specific requirements for the post closure monitoring plan would determine the final cost of abandonment of the injection well. 04168RSEC6ONLY.G0601.dOC NOV 1 3 2001 6.2 Dual Zone Monitoring Well In the unanticipated event that the dual zone monitoring well should need to be abandoned, a plugging and abandonment plan is presented with associated costs. The estimated costs to implement a-plugging and abandonment plan for the proposed well is approximately $200,000, under current market conditions. The abandonment plans for this well include five major bid items: Bid Item #1 includes all work associated with mobilization and demobilization of the drilling rig and supporting equipment suitable for the task. This bid item also includes work required to retrofit the drilling pad with new pad walls to ensure that accidental spillage of injected or formation fluids is contained. Pad retro-fit $ 20,000.00 Mobilization-demobilization $ 85,000.00 2) Bid Item #2 includes all work required to kill well and to fill the open hole (injection zone) with crushed rock or other similar material up to within 10 feet of the base of 6-inch diameter casing. $ 6,000.00 3) Bid Item #3 includes all materials and work required to place cement at least 10 feet below the base of the 6-inch diameter casing and fill the 6-inch diameter casing with neat cement. For the purposes of this document it has been assumed that neat cement would be used in implementing this plan. 400 cubic feet of cement $14,000.00 04168R SEC6ONLY.GO6OI.dOC NOV 1 3 200 PG, 7 ; 4) Bid Item #4 consists of the materials and work necessary to fill the annular space between the 6-inch casing and the 14-inch casing with cement. 1100 Cubic Feet of Cement $ 38,500.00 Subtotal contractor costs (Bid Items 1-4): $163,500.00 Contingency (-20%): $ 32,340.00 SUBTOTAL CONTRACTOR COSTS: $195,840.00 TOTAL COST TO ABANDON ALL WELLS $1,035,840.00 Additional costs would be required to design, submit, and obtain approval of the abandonment plan itself, as well as the design, permitting and implementation of the post closure monitoring plan. The specific requirements for the post closure monitoring plan would determine the final cost of abandonment of the proposed injection well. 04168R SEC6ONLY. G0601.dOC NOV 1 3 2001 EXECUTIVE SUMMARY TO APPROVE UNDER RFP 01-3271 THREE FIXED TERM COASTAL ZONE MANAGEMENT PROFESSIONAL ENGINEERING SERVICES CONTRACTS OBJECTIVE: To obtain Board of County Commissioners approval of three (3) fixed term coastal zone management professional engineering services contracts. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act. On October 9, 2001, Agenda Item 16 {C} 2, the Board of County Commissioners approved the short list of firms as follows: Humiston & Moore Engineers, Coastal Planning and Engineering and Taylor Engineering. Staff has completed negotiations with the firms and standard County attorney approved contracts have been agreed upon. FISCAL IMPACT.: The funding for each work order that is assigned under the approved contracts will come from each user department. It is anticipated that TDC Category "A" projects will provide the primary source of funds. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the contracts for each of the three firms and authorize the Chairman to execute the standard County professional services agreement after review by the County attorney. SUBMITTED BY: Date: Ron Hovell, P.E., Coastal Projects Manager. Anderson, P.E., Public Utilities Engineering Director Ste~"fi~n Y. C~nell, Purchasing/General Services Director Tom Wides, Interim Public Utilities Administrator NOV 1 3 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF NON.EXCLUSIVE PERPETUAL UTILITY INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF PIPELINE AND WATER WELL SITES REQUIRED FOR THE COLLIER COUNTY WATER-SEWER DISTRICT GOLDEN GATE RELIABILITY EXPANSION, PROJECT 70066. OBJECTIVE: To obtain authorization from the Board of County Commissioners (the "Board") to acquire by gift or purchase all rights and interests in real property required for the construction and maintenance of utility improvements and facilities for the Collier County Water-Sewer District Golden Gate Reliability Expansion (hereinafter referred to as "the Project"). CONSIDERATION: The Golden Gate Wellfield is presently one of.the principle sources of raw water for water treatment facilities that provide potable water to customers in the Collier County Water-Sewer District Service Area. The construction of additional well sites and pipeline will provide back-up and reliability to the existing Tamiami Aquifer Potable Water Source. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations, as they relate to the construction of the Project, and staff has determined that the most feasible location for the utility improvements for the construction of the Project are more particularly described in Exhibit "A" of the attached Resolution. The Board will also be authorizing condemnation of the parcels within the Project. However, this Resolution is to approve settlement with owners without having to present each parcel to the Board on a case-by-case basis. This procedure shall expedite the Project. FISCAL IMPACT: Total acquisition costs are estimated at $15,980, and includes all land, improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to the Golden Gate Reliability Expansion. Funds in the amount of $15,980 are available in County Water Capital Projects (Fund 412), Golden Gate Wellfield Improvements (Project 70066). GROWTH MANAGEMENT IMPACT: The project is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project, find that the most feasible location for the utility improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution; ,0. /~'e.. ~3 NOV 1 3 2001 EXECUTIVE SUMMARY Gift & Purchase Resolution/GG Reliability Expansion Page 2 2. Adopt the attached Resolution authorizing the acquisition by gift or purchase of non- exclusive, perpetual utility interests by easement required to complete the Golden Gate Reliability Expansion; and 3. Authorize the Chairman to execute the attached Resolution. SUBMITTED~ ~- ...... ~ ,,x~j~', Date: Ton~. Mott. I~e~ Property Supe~isor Real Property Management Department ctorcharles E. (~arrington, J~., SR/W~,, Dire Real Property Managerffent Department REVIEWED B¥.~---~.,..~_ ~ ,~---~ Date: J~nes McGee, Project Manager __....,Public Utilities Engineering Department REVIEWED BY: ~.,~~/~'-,d--'~~ Date: Karl W. Boyer, Project Manager Public Utilities Engineering Department APPROVED BY: '~/'~' ~' ~ ~ Date: Thomas G. Wides, Interim Administrator Public Utilities NOV 1 3 2001 ,RESOLUTION NO. 2001 - __ RESOLUTION NO. CWS-2001- __ A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF NON-EXCLUSIVE, PERPETUAL, UTILITY AND MAINTENANCE INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF PIPELINE AND WATER WELL SITES REQUIRED FOR THE COLLIER COUNTY WATER-SEWER DISTRICT GOLDEN GATE RELIABILITY EXPANSION. WHEREAS, the Golden Gate Wellfield is presently one of the principle sources of raw water for water treatment facilities which provide potable water to customers in the Collier County Water- Sewer District Water Service Area; and WHEREAS, the construction of additional well sites and pipeline will provide back-up and reliability to the existing Tamiami Aquifer Potable Water Source; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of smd utility improvements; and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to construct the water pipelines and water wells as part of the Golden Gate Reliability Expansion hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said utility improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the utility improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety and welfare of the citizens of Collier County by assuring requisite withdrawals from the Tamiami aquifer for potable .water supply and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the utility improvements and related facilities. 2. The utility interests by easement acquisitions identified on Exhibit "A" are the most feasible Iocati°ns' b°th necessary and c°nsistent with the pr°ject requirements' in °rder t° permit t construction and maintenance of lhe utility improvements and related facilities for the Golden Gate Wellfield Reliability Expansion. 3. The Board has determined that the construction and maintenance of the Golden Gate Wellfield Reliability Expansion and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the utility improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the utility interests by easement identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, utility interests easement on the properties identified in Exhibit "A". 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or deeds and such other legal documents and/or affidavits as the County Attorney's office deems NOV 1 2001 -Page 2- PG. ~'/ appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the acquired utility and temporary construction interests by easement. 9. In those instances where negotiated seulements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Public Utilities Engineering Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Fifty Thousand and 00/100 Dollars ($50,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 12. Where the proper~y owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the prOperty owners) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the Governir~ n0. /¢ c....~' , NOV :3 2001 Board of Collier County and as F:~ -Officio the Governing Board of the Collier County Water-Sewer District, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THiS RESOLUTION ADOPTED on this __ day of 2001, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COI.LFI~R COUNTY, FLOR[DA, AS THE ATTEST: GOVERNING BODY OF COLLIER COUNTY DWIGHT E. BROCK, CLERK AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Clerk By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney A~A NO. /~ a.._,,, NOV 1 3 2001 -Page 4- ~/EST UNE NORTHEAST 1/4 - S£C7~0N 22 ¢ EAST LINE SECnON 22 - EXECUTIVE SUMMARY ACCEPT UTILITY EASEMENTS FOR CONSTRUCTION OF A RECLAIMED WATER MAIN ALONG VANDERBILT BEACH ROAD BETWEEN AIRPORT- PULLING ROAD AND FUTURE LIVINGSTON ROAD. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, acting as the ex officio governing board of the County Water-Sewer District of Collier County, Florida, accept utility easements from WCI Communities, Inc.; Norman Estates at Tiburon Limited Partnership; Tiburon Golf Ventures Limited Partnership; and Pelican Marsh Community Development District for construction of a reclaimed water main. CONSIDERATIONS: The County's reclaimed water system is designed to supply treated effluent water to subscribers for various types of irrigation. In this regard and at the request of the Public Utilities Engineering Department, Real Property Management staff will be securing utility easements, northerly of and abutting Vanderbilt Beach Road right-of-way between Airport-Pulling Road and future Livingston Road, from the above mentioned property owners. This new line segment will eventually be extended to connect with the existing reclaimed water main at Village Walk Circle, looping the system and increasing flow and pressure to users. Staff anticipates acquiring these easements by donation. To ensure that Collier County's interests are protected, the utility easements will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. FISCAL IMPACT: The cost of securing these easements should not exceed $200.00. This includes recording fees and documentary stamps. These costs will be expended from the Sewer Impact Fee Fund (413), under p~:oject, number 74034. GROW'I'H MANAGEMENT IMPACT: This project is needed for the County's effluent resource management system. Effluent resource management is consistent with the Collier County Growth Management Plan which states that the County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and groundwater supplies. RECOMMENDATION: Staff is recommending the Board of County Commissioners, acting as the ex officio governing board of the County Water-Sewer District of Collier County, Flodda: (1) Approve and accept the utility easements once they have been received and approved by the County Attorney's Office and the Public Utilities Engineering Department; (2) Authorize its Chairman to execute any and all documents related to this project and such other documents necessary for clearing title; (3) Authorize staff to proceed with the related real estate closing transactions and authorize the Real Property Management I AGENDa. IT£M NO. NOV 1 3 2001 PG. EXECUTIVE SUMMARY Vanderbilt Beach Road Reclaimed Water Main Pagle 2 Department to record with the Clerk of Courts the easements and any and all necessary documents (once approved by the County Attorney's Office) for cleadng title in the Public Records of Collier County, Flodda. ,', , ) , SUBMITTED BY: .'~_ ' [. ~.. ~':--L.-¥-~'(, ~...,C.','"'"'"-'-~ DATE: E~ie ~K~rskie, Senior Prope~ Acquisition Specialist Real Prope~y Management Depa~ment REVIEWED ~ "' ~,,'l~ ~ ' ' . ~ ~' "J~''-'/~ DATE: Toni-A. Mot{, Real Prope~y Supe~i~ Real PropeAy Management Depa~ment REVIEWED BY: C~arles E. Ca ' g , Jr~R~irector DATE: Real Prope~y Management Depa~ment REVIEWED BY: :.'.~..~,,: ~-:/_ ~ ~ ~ ~'~.-,"/ DATE: Ronald F, Dillard, PE, Project Manager Public Utilities Engineering Department REVIEWED BY: 'c~ ,~/,-7 ~< ~,~-,--~ DATE: Roy/B, Anderson, PE, Director Public Utilities Engineering Department Thomas G. Wides, Interim Administrator Public Utilities Division NOV ! 3 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION AND APPROVE AN AGREEMENT FOR THE EVEN EXCHANGE OF LAND BETWEEN COLLIER COUNTY AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY. oBjECTIVE: To exchange property with The Distdct School Board of Collier County (the "School Board") for right-of-way necessary for the future extension of Vanderbilt Beach Road and utility infrastructure. CONSIDERATIONS: On July 30, 2001, Collier County ("County") and the District School Board of Collier County ("School Board") conjunctively purchased in fee simple 228.9 acres at the north ends of 9~h, 11th and 13th Streets N.W. One hundred acres was for use by the School Board as a future school site, and 128.9 acres by the County for a park. The County now requires the southerly 160 feet of the School Board's property for the future extension of Vanderbilt Beach Road and construction of water wells and associated lines and equipment necessary to meet the increased demand for potable water in the area. The School Board has agreed to staff's request provided the County agrees to convey the westerly 111.92 feet of the park site to the School Board. Both strips of land contain 6.53 acres and will be exchanged without either party receiving any additional monetary consideration. In considering the attached Resolution approving and authorizing the above exchange, the Board of County Commissioners must determine that the 6.53 acres of the County-owned park site is not necessary for County purposes and that such exchange would be in the best interest of the County. Staff is of the opinion that this transaction is indeed in the best interest of the County and recommends its approval. Pursuant to Florida Statute Section 125.37, this proposed exchange of property has been properly advertised two (2) times in the Naples Daily News. A copy of the Legal Notice and Affidavit of Publication are on file in the Real Property Management Department. FISCAL IMPACT: Staff estimates that the cost of recording all documents will not exceed $33.00 and will be paid out of the North County Regional Water Treatment Plant project number 70075 in the Water Impact Fee fund (411). GROWTH MANAGEMENT IMPACT: This transaction is not inconsistent with the County's growth management plan. N0. /G~- L NOV 1 3 2001 F'C,. EXECUTIVE SUMMARY Land Exchange Pa_cie 2 RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the attached Resolution and approve the attached Real Estate Exchange Agreement and authorize its Chairman to execute both on behalf of the Commission; and 2. Direct staff to proceed to finalize the exchange of property in accordance with the Agreement and Resolution and to follow all appropriate real estate/closing procedures; and 3. Authorize the Chairman to sign all required conveyances or other documents necessary to conclude the exchange; and 4. Accept for recording in the Public Records all properly executed conveyance instruments wherein the County is named as Grantee, once approved by the County Attorney's Office. SUBMITTED BY: ~ DATE: ~-..~, Hope Brack, Property Acquisition Specialist .__Real Property Management Department REVIEWEDB~ ....... ~ [~~ .... ; t['X ~"~J ',~ DATE: ToniA~ Mott, ~ea~rope~y ~upe~sor R~I PropeA~anagemffnt Depadment Charles E. Carri~gton, ~., S~A, Director Real PropeRy Management Depa~ment ~ ~ DATE: REVIEWED~ ~ McGee, Senior Project Manager ~ Public Utilities Engineering Division Thomas ~. Wides, lntorim ~dmin}strator NOV 1 3 2001 P'G. c:,'2''' REAL ESTATE EXCHANGE AGREEMENT TRIg REAL ESTATE EXCHANGE AGREEMENT (the "Agreement") is made this ~ day of ,2001 by and between THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "School Board''), and THE BOARD OF COUNTY COMMISSIONERS OF CO!.!,Ilr~R COUNTY, FLORIDA (the "County"). WITNESSETH THAT: WNEREAS, the School Board is the owner of certain real property located in Collier County, Florida and more particularly described on Exhibit "A" attached hereto and made a part hereof (the "School Board Property"); and WHEREAS, the County is the owner of that certain real property also in Collier County, Florida and more particularly described on Exhibit-"B" attached to this Agreement (the "County Property"); and WlqEREAS, thc School Board desires to exchange the School Board Property for the County Property and the County desires to exchange thc County Property for the School Board Proper~y according to the terms and conditions hereinafter set forth in this Agreement. NOW, TI~REFORE, in consideration of the foregoing and of the mutual promises, representations and undertakings of thc parties set forth herein, the adequacy and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. RECITALS: The above recitals are tree and correct and incorporated hereto by this reference. 2. EXCHANGE. The School Board agrees to convey the School Board Property to the County and, in exchange, the County agrees to convey the County Property to the School Board. 3. EXCHANGE VALUES. For the purposes of this exchange, and for the computation of title insurance premiums, the value of the County Property and the value of the School Board Property shall each be $112,969.00 (which total equals 6.53 acres multiplied by $17,300 per acre). 4. TITLE OF ~ SCHOOL BOARD PROPERTY. (a) The County may elect to obtain and correspondingly pay at Closing the cost of a title search on the School Board Pr~ and the owner's title insurance premium at the mimmum rate promulgated by the insurance commissioner of the State of Florida for issuance of an owner's title insurance policy to be issued as described below. If the County elects to obtain an Owner's Title Insurance Commitment (the "County Commitment"), the County Commitment shall (i) have appended thereto legible tree copies of any and all documents referenced as exceptions to title in Schedule B-H thereof ("County Exception Documents"), (ii) show and evidence that title to the School Board Property is cmvmtly in the name of the School Board, and (iii) show and evidence that title is good, marketable and insurable, subject only to the pcmdtted exceptions listed below in Section 4Co). ff the County elects to obtain a title commitment, the County Commitment shall be obtained by the County within twenty (20) days after the Effective Date. (b) The School Board Property shall be sold, and good and marketable title is to be conveyed, subject to the following permitted exceptions: (1) Real estate taxes and assessments for the year of closing and subsequent years, for which a bill has not been rendered as of the Closing Date (as described in Section 8). (2) Any title encumbrances or exceptions which are set forth in the County Commitment, or in the County Survey descn'bed in Section 4(c) of this Agreement, to which the County does not object within the respective applicable review per/od. (c) Within twenty (20) days from the Effective Date, the County, at its own expense, may obtain an up-to-date survey of the School Board Property prepared by a State of Florida licensed surveyor (the "County Survey") certified to the County, the Title Company, and to any lending institution the County may designate. If the County Survey reveals any easements or encroachments affecting the School Board Property and the County delivers written notice of the same to the School Board within thirty (30) days fi-om thc Effective Date (the "County Survey Review Period") then said easement or encroachment shall be treated as a defect in title and the provisions of Section 4(d) of this Agreement shall apply. Unless the County delivers written notice of any such easement or encroachment within the County Survey Review Period, time being of the essence, it shall be conclusively deemed that the County has accepted the School Board Property subject to any easements or encroachments affecting the School Board Property. (d) If the County Commitment or County Survey shall reflect that the School Board's title is subject to matters, which are not acceptable to the County, in the County's sole discretion, and the County shall notify the School Board of the County's objections to the same in writing within the later of thirty (30) days fi-om and after the Effective Date ("County Title Review Period"), time being of the essence, the same shall be treated as defect(s) in title. Unless the County delivers written notice to the School Board of the County's objections to title within the County Title Review Period, time being of the essence, it shall be conclusively deemed that the County has accepted title to the School Board Property in its then existing condition. The School Board shall have thirty (30) days fi-om and after receipt of the County's objections to cure any defect(s) in the School Board's rifle and the School Board agrees that School Board shall use due diligence in curing any such defect(s). If the School Board does not cure the title defect(s) within said thirty (30) day period, the County shall have the option of either: (i) closing this transaction in accordance with the temps and provisions hereof and accepting title in its then existing condition; or (ii) terminating this transaction upon notice to the School Board, within fifteen (15) days after expiration of said thirty (30) day period, whereupon the School Board and the County shall be released from any and all further obligations and liabilities arising under or out of this Agreement. If the County shall fail to terminate this Agreement by giving notice of the same to the School Board within fifteen (15) days from and at'mr the expiration of said thirty (30) day period, time being of the essence, then it shall be deemed that the County has accepted title in its then existing condition and the County shall proceed to close this transaction in accordance with the ten'ns and conditions hereof. 5. TITLE OF ~ COUN'I~ PROPERTY. (a) The School Board shall pay at Closing the cost of a title search on the County Property and the owner's title insurance premium at the minimum rate promulgated by the insurance commissioner of the State of Florida for issuance of an owner's title insurance policy to be issued as described below. The Owner's Title Insurance Commitment (the "School Board Commitment") shall be issued by Attorneys' Title Insurance Fund, Inc., Orlando, Florida through ROETZEL & ANDRESS (the 2 10¥ 1 3 2001 "Tide Company"). The School Board Coniirdtment shall be furnished by the Title Company to the School Board within twenty (20) days after the Effective Date. The School Board Commitment shall (i) have appended thereto legible tree copies of any and all documents referenced as exceptions to tide m Schedule B-II thereof ("School Board Exception Documents"), (ii) show and evidence that tide to the County Property is currently m the name of thc County, and (iii) show and evidence that tide is good, marketable and insurable, subject only to the permitted exceptions listed below in Section 5Co). Co) The County Property shall be sold, and good and marketable tide is to be conveyed, subject to the following permitted exceptions: (1) Real estate taxes and assessments for the year of closing and subsequent years, for which a bill has not been rendered as of the Closing Date (as described in Section 8). (2) Any title encumbrances or exceptions which are set forth in the School Board Con-i~itment, or in the School Board Survey described in Section 5(c) of this Agreement, to which the School Board docs not object within the respective applicable review period. (c) Within twenty (20) days from the Effective Date, the School Board, at its own expense, may obtain an up-to-date survey of the County Property prepared by a State of Florida licensed surveyor (the "School Board Survey") certified to the School Board, thc Iitle Company, and to any lending institution the School Board may designate. If thc School Board Survey reveals any easements or encroachments affecting the County Property and the School Board delivers written notice of the same to the County within thirty (30) days from the Effective Date (the "School Board Survey Review Per/od") then said easement or encroachment shall be treated as a defect in title and the provisions of Section 4(d) of this Agreement shall apply. Unless the School Board delivers written notice of any such easement or encroachment within the School Board Survey Review Period, time being of the essence, it shall be conclusively deemed that the School Board has accepted the County Property subject to any easements or encroachments affecting the County Property. (d) If the School Board Commitment or School Board Survey shall reflect that the County's title is subject to matters, which are not acceptable to the School Board, in the School Board's sole discretion, and the School Board shall notify the County of the School Board's objections to the same in writing within the later of thirty (30) days from and after the Effective Date ("School Board Title Review Period"), time being of the essence, the same shall be treated as defect(s) in tide. Unless the School Board delivers written notice to the County of the School Board's objections to title within the School Board Title Review Per/od, time being of the essence, it shall be conclusively deemed that thc School Board has accepted title to thc County Property in its then existing condition. The County shall have thirty (30) days from and after receipt of thc School Board's objections to cure any defect(s) in the County's title and the County agrees that the County shall usc due diligence in curing any such defect(s). If the County does not cure the title defect(s) within said thirty (30) day period, the School Board shall have the option of either: (i) closing this transaction in accordance with the terms and provisions hereof and accepting title m its then existing condition; or (ii) teniiinating this transaction upon notice to the County, within fifteen (15) days after expiration of said thirty (30) day period, whereupon the School Board and the County shall be released from any and all further obligations and liabilities arising under or out of this Agreement. If the School Board shall fail to t~xniinate this Agreement by giving notice of the same to the County within fifLeen (15) days from and after the expiration of said thirty (30) day period, time being of the essence, then it shall be deemed that the School Board has accepted title in its then existing condition and the School Board shall proceed to close this transaction in accordance with the terms and conditions hereof. A~NOA ITl*lq 3 NOV 1 3 2001 6. CONDITIONS PRECEDENT TO ~ SCHOOL BOARD'S OBLIGATION TO CLOSE. The School Board's obligation to consummate the transactions contemplated hereunder is conditioned upon the Disla-ict School Board of Collier County approving this Agreement on or before December 6, 2001. 7. CONDITIONS PRECEDENT TO TRE COUNTY'S OBLIGATION TO CLOSE, The County's obligation to consummate the transactions contemplated hereunder is conditioned upon the Board of County Commissioners of Collier County approving this Agreement on or before November 13, 2001. 8. CLOSING AND CLOSING DATE. The transactions descn~ed herein shall be "closed" and titles to the properties shall be conveyed by delivery of a fully executed Deed (as defined kelow in Section 9) and other closing documents, including, without limitation, those described below in Section 9, (referred to herein as the "Closing") at 10 o'clock a.m. on the Closing Date (as hereinafter defined) at the offices of ROETZEL & ANDKESS, 850 Park Shore Drive, Suite 300, Naples, Florida 34103, or at such other place which the School Board and the County shall mutually agree upon in writing. The date of Closing, as to which time shall be of the essence, shall be on or before sixty (60) days after the Effective Date (the "Closing Date") unless otherwise modified or extended pursuant to the provisions of this Agreement or mutually agreed upon in writing between the School Board and the County. 9. CLOSING DOCUMENTATION. At Closing, each party shall deliver to the other party the following: (a) The School Board shall deliver a good and sufficient special warranty deed and the County shall deliver a statutory deed as prescribed by s. 125.411, Fla. Stat.; Co) An owner's gap, mechamcs' lien, and "non-foreign" affidavit; and (c) Possession of the applicable property. 10. CLOSING EXPENSES. At Closing, each party shall pay for its title insurance premium and recording fees for the property the party is conveying. Each party shall pay for its own attorney's fees incurred in connection with the closing. 11. BROKER'S COMMISSION. The parties warrant and represent that they have not employed nor utilized the services of any real estate broker in connection with he negotiation of the transaction contemplated in this Agreement. If any broker, other than as provided below, shall claim compensation against either party by reason of the alleged representation of the other party, the party whom such broker purports to have represented shall hold the other party harmless from, and defend such other party against, any such claim for compensation. This paragraph shall survive the closing or any termination of this contract. 12. NOTICES. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier or telecopier or facsimile transmission, or sent by registered, or certified mail, remm receipt requested, postage prepaid, addressed as follows: A~.a,~ NOA IT£H ~o. /c C 4 NOV 1 3 2001 PG. If to Collier County: Hope Brack Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Ellen T. Chadwell, Esq. Assistant County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 If to School Board: District School Board of Collier County 3710 Estey Avenue Naples, Florida 34104 Attn: Mr. James H. Simms Phone: (941) 43645450 Facsimile: (941) 436-6531 With a copy to: ROETZEL & ANDRESS, L.P.A. 850 Park Shore Drive Naples, Florida 34103 Attn: Gregory L. Urbaneic, Esq. Phone: (941) 649-6200 Facsimile: (941) 261-3659 Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the ease of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance ~vith the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via telecopier or facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested on the day of such transmission. Any such transmission received after 5:00 p.m. Eastern Standard Time (or Daylight Savings Time, whichever then applicable) shall be deemed to have been given on the next following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Contract, the attorneys for Purchaser may directly contact Seller and the attorneys for Seller may directly contact Purchaser. The respective attorneys for both Seller and Purchaser are hereby expressly authorized to give any notice, demand, request or to make any other communication pursuant to the tc,,a of this Contract on behalf of their respective clients. The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 13. CAIvrIONS. The captions in this Agreement are inserted only for the purpose of convenient reference and m no way define, limit, or prescribe the scope or intent of this Agreement or any part hereof. NO. /C~. '--/ 5 NO;' 1 3 2001 PG. 7 14. CONSTRUCTION. No provision of this Agreement shall be construed by any court or other judicial authority against any pm'ty hereto by reason of such party's being deemed to have drailed or slxuctured such provision, it being recognized that both parties have conlributed to the drafhng of this Agreement. 15. ORIGINAL DOCUMEWI'. This Agreement may be executed by both parties in eounterpaxts, each of which shall be deemed an original, but all of such counterparts taken together shall constitute one and the same Agreement. 16. GOVERNING LAW. This Agreement shall be construed, and the rights and obligations of the parties hereunder shall be determined, in accordance with the laws of the State of Floricla. Venue for any disputes concerning this Agreement shall be Collier County, Florida. 17. NON-MERGER. Any provision hereof which by its terms would be performed after the Closing Date shall survive the dosing and shall not merge in the closing or in the deeds, except as specifically provided to the contrary herein. 18. DEFAULT. In the event that a party defaults hereunder, the non-defaulting party shall be entitled to all remedies in law or in equity against the defaulting party. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the pm'ties hereto with respect to the exchange of the properties and supersedes all prior understandings, if any, there being no other oral or written promises, conditions, representations, understandings or texms of any kind as conditions or inducements to the execution hereof and none have been relied upon by either party. Any subsequent conditions, representations, warranties, or agreements shall not be valid and binding upon the parties unless m writing and signed by both parties. 20. AME~MENTS. This Agreement may not be changed, modified or t~mfinated, except by an instrument executed by the parties hereto. 21. EFFECTIVE DATE. The Effective Date of this Agreement shall be the date on which the last party to execute this Agreement does so. IN WITleSS WI~REOF, the parties have hereunto set their hands as of the Effective Date. SIGNED AND ACKNOWLEDGED IN TIlE DISTRICT SCHOOL BOARD OF THE PRESENCE OF: COL! .mR COUNTY, FLORIDA f~~ ~~'~~ By: ~~'4 ~ (Print N~Perl4xl Le~.~-~'I") James H. Sirrmas, Associate / : I P'atm ) Date: 6 NOV 1 3 2001 PG. BOARD OF COUNTY COMM[e'~SIONERS OF COLLIER COUNTY, FLORIDA ATTEST: By: James D. Carter, Ph.D., Chairman Dwight E. Brock, Clerk Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 358336_4 EXHIBIT "A" '(Page 1 of 2) T-4~-S, Ft,-2?-E, COI. UE~ · . ~ ~La7'5323'!5 I .SECTION 32 NOV 1 3 2001 EXHIBIT "A" (Page 2 of 2) Wi ller AU th~ ~ of ~ 32, Tow~h~ 4~ Sou~h. ~ 27 ~ Coll~ ~, ~ ~ m°~ C~ ~ ~ ~ ~ of ~d ~ 3~ . W.O.: ~2~1~10 : ~ ~"~ ~~ / ~ IT~ : ~'" ,~-~~ ~ ~ ~' '/~ .,J NOV 1 3 200 ~o. // EXHIBIT "B" (Page 1 of 2) N. af~I2T~ 1.92' E~7 ~/~ CO~CR / t EXHIBIT "B" (Page 2 of 2) Wi~ller RESOLUTION NO. 2001- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO EXECUTE AN AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR THE STATUTORY EXCHANGE OF PROPERTY ENABLING THE COUNTY TO CONSTRUCT THE FUTURE VANDERBILT BEACH ROAD EXTENSION AND PROVIDE FOR UTILITY INFRASTRUCTURE. WHEREAS, on July 30, 2001 Collier County, a political subdivision of the State of Florida (herein- after referred to as the "County") and The District School Board of Collier County (hereinafter referred to as the "School Board") conjunctively purchased a parcel of land, consisting of 229 acres, approved by the Collier County Board of Commissioners on June 26, 2001, Agenda Item 10 (D), to be utilized for a future County park site (128.9 acres), hereinafter referred to as "County Lands", and a future school site (100 acres), hereinafter referred to as "School Lands"; and WHEREAS, the staff of the County and representatives of the School Board have negotiated a written Agreement for the exchange of 6.53 acres to be utilized for the construction of future Vanderbilt Beach Road Extension and provide for the installation of well sites and pipelines to accommodate increased demands for water in the area, and WHEREAS, in accordance with Section 125.37, Florida Statutes, this proposed exchange of lands has been properly advertised two (2) times in the Naples Daily News, a newspaper of general circulation in Collier County; and WHEREAS, the Board of County Commissioners of Collier County (County), based on the facts and recommendations from Staff, now finds that the County's fee interest in a portion of County Lands, is intended therein to be conveyed by the County and is no longer needed or required by the County for a County purpose, and that the conveyance of same to the School Board would be in the best interest of the County, provided the County received from the School Board fee title to a portion of School Lands, as similarly described in the Agreement which shall be used by the County to construct future Vanderbilt Beach Road Extension and provide for utility infrastructure. WHEREAS, by this Resolution the Board of County Commissioners desires to authorize its Chairman to execute the Agreement, attached hereto, and take such other action needed to complete the subject property exchange. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The foregoing WHEREAS Clauses are adopted and incorporated herein as if fully restated; 2. The Board of County Commissioners of Collier County, Florida, hereby directs and authorizes its Chairman, on behalf of this Board, to execute the Agreement, attached hereto, hereby approves the exchange of property described therein and any acts needed to convey and accept the Lands, so as to enable the future construction of Vanderbilt Beach Road Extension and provide for furore utility infrastructure. 3. This Resolution shall take effect immediately upon adoption. ADOPTED this ~ day of favoring adoption. ATI*EST: DWIGHT E. BROCK, Clerk , 2001 after motion, second and majority vote BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and lega~uffic~: Ellen T. Chadwell Assistant County Attorney By: JAMES D. CARTER, Ph.D., Chairman MO. /aa. --] . NOV ! 3 200 ~'6. /~' EXECUTIVE SUMMARY APPROVE COMMITTEE SELECTION OF FIRMS FOR CONTRACT # 01-3283 "BEACH CLEANING EQUIPMENT" OBJECTIVE: To obtain Board of County Commissioners approval of Committee's selection of a firm to supply beach cleaning equipment. CONSIDERATIONS: A Request for Proposal (RFP) was issued on September 7, 2001 for suppliers of beach cleaning equipment. 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 sixty-eight (68) firms with six (6) requesting full packages. Two (2) proposals were received on October 5, 2001. The Selection Committee met on October 12, 2001 and after review and discussion, by consensus of the members, the Selection Committee wishes to contract with the number one shortlisted finn in order to complete the purchase of beach cleaning equipment. The shortlist is as follows: H. Barber & Sons, Inc. PG Greiner, Inc. FISCAL IMPACT: The funding for each purchase order that is issued under the approved contract will come from the annual budget for the purchase of beach cleaning equipment. In FY 02, $46,500 is included in the budget ofTDC Category"A" fund (19§) under project number 10505. 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 and, 2) authorize staff to begin negotiations for a standard contract, and authorize the Chairman to execute the standard County contract after review by the County attorney. SUBMITTED BY: Date: Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: ,,.~,/~ .( ~' Date: Roy l~/Anderson, P.E., Public Utilities Engineering Director sTepl n Y. C~a~'nell, purcfi~ing/General Services Director APPROVED BY: 7~. '~-~a Date: /¢~,/ Thomas G. Wides, Interim Public Utilities Administrator EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT FOR FUNDING OF LAKE TRAFFORD RESTORATION OBJECTIVE: To obtain approval of a budget amendment which transfers funding to project #10270, Lake Trafford Restoration. CONSIDERATIONS: On November 17, 1998, the BCC approved a $2,000,000 grant application for the restoration of Lake Trafford. A Tourism Agreement was drafted but was not executed and over the years, due to other pending fundraising efforts, this project was dropped from the budget. Recently, the South Florida Water Management District (SFWMD) and the County executed a Tourism Agreement which allows for reimbursement of up to $500,000 in FY 02, $1,000,000 in FY 03 and $500,000 in FY 04. SFWMD intends to sign a contract with the Army Corps of Engineers to implement the project with an estimated cost of $16,000,000. FISCAL IMPACT: The Lake Trafford Restoration project will require $2,000,000 over this and the next two fiscal years. The Marco Island Segmented Breakwater Modifications project (# 10501) has a current budget of $705,100 in the Tourist Development fund (195). Given the challenges of executing the entire project this fiscal year and the need to fund Lake Trafford Restoration, the attached budget amendment transfers $500,000 from project #10501 (engineering services will continue) to the Lake Trafford project (#10270). The source of funds is Tourist Development 'Fax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in fund 195 transferring $500,000 from project #10501 to project #10270. SUBMITTEDBY: ~~j Date://-'/~'/ · . ects Manager Public Utilities Engineering Department REVIEWED BY: APPROVED BY: Roy B/Anderson, P.E., Director PubliE Utilities Engineering Department ~en%ministrator Public Utilities Division Date: Date: EXECUTIVE SUMMARY APPROVE PAYMENT FOR EMERGENCY SEWAGE PUMPING DURING THE CONNECTION OF A RELOCATED 24" WASTEWATER FORCE MAIN ON U. S. 41, PROJECT 73045. OBJECTIVE: To minimize disruptions to sewer service associated with the timely construction of this important road improvement project. CONSIDERATIONS: On June 26, 2001 (Agenda Item 16-C-14) the Board approved a construction work order for the relocation of County water and wastewater mains to accommodate the widening of U. S. 41, from Rattlesnake Hammock Road to Barefoot Williams Road, by the Florida Department of Transportation. Two unforeseen circumstances occurred consecutively on this project; which required emergency sewage pumping and hauling. While the contractor was attempting to connect a relocated section of 24" wastewater force main to the existing force main, it was discovered that a valve in the existing main would not close and stop the flow of wastewater in the force main. It then became necessary to use pumper tracks to transport wastewater from all of the pumping stations that discharge into this force main until a special "line-stop" plug could be installed in the main and the connection of the new main could be completed. Then, when the connection was completed and the new main was placed in service, the existing main broke. Use of pumper trucks was continued until the existing main was repaired. The company under contract with the County to provide pumper tTuck service was not able to provide enough trucks to handle the wastewater flows. The Wastewater Department called several other companies to assist. Invoices received fi.om these other companies total $65,200. FISCAL IMPACT: Funds in the amount of $65,200 are available in the Sewer Capital Projects Fund (414) under project no. 73045 (FDOT Joint Project Agreements). The source of funds is user fees. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve payment for emergency sewage pumping services related to a wastewater force main relocation on U. S. 41. SUBMITTED BY: Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department DATE: .o. ,' lb NOV 1 3 1 001 Executive Summary Approve Payment Page 2 REVIEWED BY: Stephen Y. Camell, Purchasirt~Oirector DATE: 1/- ~-0 ! APPROVED BY: DATE: Thomas G. Wides, Interim Public Utilities Administrator RFD:rfd NOV $ 3 2001 EXECUTIVE SUMMARY APPROVAL OF TIlE ANNUAL CONTRACT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT OBJECTIVE: To augment the level of public health services provided to the residents of Collier County. CONSIDERATIONS: Each year, the County enters into an agreement with the State of Florida that provides funding and facilities for the provision of Public Health services. The attached agreement is that annual contract and, if executed, will begin on October I, 2001 and run concurrently with the County's fiscal year expiring on September 30, 2002. In essence, the agreement is the same agreement as last year's, which indicates the services that will be provided and the cost share between the State and the County. It also indicates the expected third party sources of revenues and attributes those to the County or the State based upon each agency's contributions. In addition, this agreement includes as the last attachment indemnification language that was negotiated between the State and the County Attorney's office, which is a feature of this contract unique from others around the State. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this item. FISCAL IMPACT: The contract includes a cash contribution of $1,988,800, an increase of 203.7 % from last year's agreement. These funds are budgeted in the FY 2002 General Fund (001) budget in the Public Health cost center. $484,946 will be used to support Communicable Disease Control, $1,466,978 will go toward School and Adult Health while $36,876 will go toward the Environmental Health and Engineering program. In addition to the cash contribution, the agreement recognizes the contribution the County makes in the form of office and clinic space. The contract further recognizes that the Collier Health Department will retain $212,501 of unspent funds from prior years. These funds are set aside in what is called the "Collier County Health Unit Trust Fund". These funds have in the past been used for special capital purchases of equipment or furniture but are primarily retained as a cash flow reserve. Lastly, the contract recognizes the contribution that the County makes in the way of BCC paid operating expenses. These are generally associated with building maintenance, utilities, and insurance and, in FY 2002, amount to $240,300. In total, the County will provide the Health Department with $2,229,100. RECOMIVIENDATION: It is recommended that the Board authorize the Chairman to execute the annual contract with the State of Florida Department of Health for the operations of the Collier County Health Department. APPROVED BY: Services Administrator Date: CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2001-2002 This agreement ('Agreement") is made and entered into between the State of Florida, Department of Health ('State") and the Collier County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2001. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2001, through September 30, 2002, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulati~ ~ ~c. fivities in the environment which may contribute to the occurrence or transmission )f di~a~. Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 4,235,134 (State General Revenue,. Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $ 1,038,834 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service~category. Unless requested otherwise, any surplus at the end of the term of this Agreen~nt I~F'd- / NO._/~, ~) County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. Fees are listed in Attachment II Part II of this contract and in the Environmental Health .Fee Schedule which is provided by the Environmental Health Program Office. The estimated annual environmental health fee revenues accruing to the County Health Department Trust Fund are listed on Attachment VI. Either party may increase or decrease funding of this Agreement dudng the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Collier County 3301 Tamiami Tr. E. Naples, FL 34112 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non-categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance ~County-State Goal Achievement" report located on the Department of Health Intranet). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. j'-- Agenda' =~ _ I- ~. 0 V ! .3 200] b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all county purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and' Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to tl~Prc~l~a zt~m ' ~ Ilo. accounts by state and county based on the ratio of planned expenditures in the core contract, then funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment duly signed by both parties to this contract and the proper budget amendments unless the GriD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the GriD within 30 days after an emergency transfer. g. The GriD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the GriD and the results made available to the parties within 180 days after the close of the GriD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the GriD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The GriD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The GriD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise excepted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding - confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated ~ere~,~ty, [ ::o. reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment II1. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the cumulative amount of the variance between actual and planned expenditures does not exceed one percent of the cumulative expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. iAgend& Item No. /~. ~ /_ ~OV 1 3 2001 Pg '~ p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2002 for the report period October 1, 2001 through December 31, 2001; ii. June 1, 2002 for the report period October 1, 2001 through March 31, 2002; iii.September 1, 2002 for the report period October 1, 2001 through June 30, 2002; and iv. December 1, 2002 for the report period October 1, 2001 through September 30, 2002. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County- owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement my be terminated by one party,~p0~{l~di Itel ' less than thirty (30) days notice, because of the other party's failure to pe~torr~n~_ provisions of this Agreement shall nOt be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2002, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Modification. This Agreement and its Attachments contain all of the terms and conditions agreed upon between the parties. Modifications of this Agreement shall be enforceable only when reduced to writing and signed by all parties. c. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: For the County: Joan M. Colfer, M.D., M.P.H. Leo Och$ Name Name Director, Collier County Health Department Administrator, Public Services Title Title 3301 E. Tamiami Trail, Bldg. H 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 Naples, Florida 34112 (941) 774-8206 (941) 774-8206 Telephone Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be fumished in writing to the other parties and attached to originals of this Agreement. d. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. Agenda N 0v 3 Pg,_ In WITNESS THEREOF, the parties hereto have caused this 33 page agreement to be executed by their undersigned officials as duly authorized effective the 1st day of October, 2001. BOARD OF COUNTY COMMISSIONERS FOR Collier COUNTY FLORIDA. SIGNED: James D. Carter, Ph.D., Chairman STATE OF FLORIDA Date: DEPARTMENT OF HEALTH SIGNED BY: (Department Authority) ATTEST: Dwight E. Brock, Clerk NAME: John O. Agwunobi~ M.D. ~ M.B. By: TITLE: Secretary ~nd~ DATE: ~LRamiro M~nali _c~ SIGNED BY: Chief Assistant County Auo~ey CHD Di~tor/Ad~n~t~tor DATE: ~olt~ ( o[ NAME: Joan M. Colfer, M.D., M.P.H. TITLE: Director~ Collier County Health Department DATE: CC: David Weigel, County Attorney 2001 ATTACHMENT I COLLIER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Requirement 1. Sexually Transmitted Disease Requirements as specified in FAC 64D-3 and F.S. 384 and Program the CHD Guidebook Internal Operating Policy STD 6 and 7. 2. Dental Health Monthly reporting on DH Form 1008'. 3. Special Supplemental Nutrition Service documentation and monthly financial reports as Program for Women, Infants specified in DHM 150-24' and all federal, state and county and Children. requirements detailed in program manuals and published procedures. 4. Healthy Sta~ Requirements as specified in the Healthy Start Standards Improved Pregnancy Outcome and Guidelines 1998 and as specified by the Health Start Coalitions in contract with each county health department. 5. Family Planning Periodic financial and programmatic reports as specified by the program office and in the CHD Guidebook, Internal Operating Policy FAMPLAN 14' 6. Immunization Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization and Immunization Module quarterly quality audits and duplicate data reports. 7. Chronic Disease Program Requirements as specified in the Community Intervention Program (CIP) and the CHD Guidebook. 8. Environmental Health Requirements as specified in DHP 50-4* and 50-21' 9. HIV/AIDS Program Requirements as specified in Flodda Statue 384.25 and 64D-3.016 and 3.017 F.A.C. and the CHD Guidebook. Case reporting on CDC Forms 50.42B (Adult/Adolescent) and 50.42A (Pediatric). Socio-demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request Form 1628 or Post-Test Counseling Form 1633. These reports are to be sent to the Headquarters HIV/AIDS office within 5 days of the initial post-test c-::.-.-__-'.~.~; ,,, ~ appointment or within 90 days of the miss, [j pOS~o.~, d~. ~_~em counseling appointment. · - flor 1 3,2Q0t /'/?/ lb · ATTACHMENT I (Continued) 9. HIV/AIDS Program Requirements as specified in Flodda Statue 384.25 and 64D-3.016 and 3.017 F.A.C. and the CHD Guidebook. Case reporting on Centers for Disease Control Forms 50.42B (Adult/Adolescent) and 50.42A (Pediatric). Socio- demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request Form 1628 or Post-Test Counseling Form 1633. These reports are to be sent to the Headquarters HIV/AIDS office within 5 days of the initial post- test counseling appointment or within 90 days of the missed post-test counseling appointment. 10. School Health Services HRSM 150-25', including the requirement for an annual plan as a condition for funding. *or the subsequent replacement if adopted during the contract period. Agenda Item ~ No. /~- 0_! 11 1 3 20 01 1. GENERAL REVENUE - STATE 01501 i ALG/Cont to CHI3 Primary Care (050329) 27,361 0 27,361 0 27,361 015011 ALG/Primary Ca~ (050331) 354,068 0 354,068 0 354,068 015012 G/A Epilepsy Services (050082) 0 0 0 0 0 015048 ALG/Cont to CHI3 STD Program (050329) 0 0 0 0 0 015050 ALG/ConUibutions To CHI) (050329) 1,461,993 0 ! ,461,993 0 1,461,993 015050 ALG/Cont to CHD Mig Lbr Camp San (050329) 51,754 0 5 i,754 0 51,754 015050 RED Legislation - GAP Grant - lmmun. (Cat 050310) 0 0 0 0 0 015050 ALG/Cont to CHD-Sovereign Immunity (050329) 0 0 0 0 0 015050 RED Legislation - GAP Grant - (Cat 050310) 0 0 0 0 0 015050 ALG/Cont to CHDs-Dental Program (Cat. 050329) 0 0 0 0 0 015050 ALG/Cont to CHDs lmmun Outreach Teams (050329) 16,635 0 16,635 0 16,635 015050 ALG/Cont to CHDs Corem TB Program (050329) 39,894 0 39,894 0 39,894 015050 ALG/Cont to CHDs Indoor Air Assist (050329) 0 0 0 0 0 015050 ALG/Cesspool Identification and Elimination (Cat. 05032 0 0 0 0 0 015050 Contr to CHDs - Duval Teen Pregnancy Prey 0 0 0 0 0 015050 CATE-Environmental Community-Escambia (052250) 0 0 0 0 0 015050 Community Env Hlth Advisory Board Pilot Prjt 0 0 0 0 0 015050 Early Dtn & Screening of Breast Cancer in Haltians 0 0 0 0 0 015050 First Step - Mothers & Infants Programs 0 0 0 0 0 ')50 Special Needs Shelter (599) 94,800 0 94,800 0 94,800 050 Greenwood Community Health Resources Center 0 0 0 0 0 015050 Roosevelt Sands Comm. Healthcare Cu.-Monroe (052250 0 0 0 0 0 015050 Interdisciplinary Manages Care Serenity House 0 0 0 0 0 015050 Rafael Penalver Clinic Minority Outreach Pgm 0 0 0 0 0 015050 Medivan Project/Elderly lnterest-Broward (052250) 0 0 0 0 0 015050 Healthy Beaches Monitoring 22,450 0 22,450 0 22,450 015065 ALG/Cont to CHD AIDS Prey & Surv & Field Staff(0503 100,075 0 100,075 0 100,075 015065 ALG/Cont to CHD AIDS Pat Care (050026) 93,263 0 93,263 0 93,263 015115 ALG/School Health Svcs (051106) 78,831 0 78,831 0 78,831 015115 Volunteer School Health Nurse Grant 0 0 0 0 0 015123 ALG/Family Planning (050001) 45,250 0 45,250 0 45,250 015124 ALCdlPO-Hcalthy StartJlPO (050707) 0 0 0 0 0 015124 ALG/IPO-Infant Mortality Project 0 0 0 0 0 015124 ALG/IPO - Outreach Social Workers 0 0 0 0 0 015124 ALG/MCH-Healthy Start/IIK) (050870) 0 0 0 0 0 015124 ALG/MCH Outreach Social Workers 0 0 0 0 0 015124 ALG/MCH4nfant Mortality Project 0 0 0 0 0 015137 ALG/Cont to CHDs Mtrnl & Chid Hlth Field Staff Cost ( 0 0 0 0 0 015137 ALG/1PO Healthy Start Resource Moms & Dads (050707) 0 0 0 0 0 015137 ALG/Community Health Initiatives (052250) 0 0 0 0 0 015137 ALG/IPO-Healthy Start-Data Collect. PO Staff(CAT. 05 0 0 0 0 0 015140 ALG/School Health Supplemental (051106) 0 0 0 0 0 GENERAL REVENUE TOTAL 2,386,374 0 2,386,374 0 2,386,374 {ON GENERAL REVENUE - STATE 015010 ALC,/Contr. to CHDs-Rebasing (050329) Tobacco TF 33,298 0 33,298 015010 On-SiteSewage Program 5,750 0 5,750 NO~ / ~'/'0 015010 Enhanced Dental Services (050329) Tobacco 'iF 0 0 0 2. NON GENERAL REVENUE - STATE 015010 Fla Hepatitis & Liver Fail. Prey & Cml(050329)Tobacco T 231,012 0 231,012 0 231,012 015016 CdA Epilepsy Prey and Educ (050083)/Epilepsy TIe 0 0 0 0 0 015020 Food and Wnterborne Disease Program (050329) Adm TI: 0 0 0 0 0 0 15026 ALG/Cont to CHD Bio-Medical Wastc/DEP (050329)/A 0 0 0 0 0 015072 ALG/Cont to CHI) Safe Drinking Water-DEP (050329) A 0 0 0 0 0 015084 Varicclla Immunization Requirement (050329) Tobacco T 8,903 0 8,903 0 8,903 015172 Full Service Schools - Tobacco (102258) Tobacco 'IF 133,757 0 133,757 0 133,757 015174 Basic School Health - Tobacco (051106) Tobacco TF 57,849 0 57,849 0 57,849 015170 Tobacco Coordination 81,077 0 81,077 0 81,077 010304 Stationary Pollutant Storage Tanks 0 0 0 0 0 015121 Super Act Reimbursements 5,000 0 5,000 0 5,000 NON GENERAL REVENUE TOTAL 556,646 0 556,646 0 556,646 3. FEDERAL FUNDS- State 007030 Migrant Labor Sanitation 26,238 0 26,238 0 26.238 007044 Prey Hlth BIk GrtIRape Awareness 0 0 0 0 0 007049 FG TF/ALG/Contr to CI-IDs-STD Prg-lnfertility Prg 5,625 0 5,625 0 5,625 007049 FG TF/ALG/Contr to CHDs-STD Prg-Syphilis Eliminat 1,800 0 1,800 0 1,800 007049 FG TF/ALG/Contr to CHDs-STD Program 0 0 0 0 0 007049 ALG/Contr to CHD-STD-Medical & Lab Svc Ting CU' 0 0 0 0 C 007051 FG TF WIC Admin Transfer (050329) 706,946 0 706,946 0 706,946 007056 FG TF Health Program for Refug. (180000) 0 0 0 0 0 007063 Prey Hlth Blk Grt/HERR-Chmnic Disease Init. 130,000 0 130,000 0 130,000 007064 FG/TF AIDS Seroprevalence 0 0 0 0 0 007064 FGfrF AIDS Surveillance 0 0 0 0 0 007065 FG TF/AIDS Prevention 131.272 0 131,272 0 131.272 007066 FG TF/Ryan White-Consortia 0 0 0 0 0 007066 FG TF/Ryan White-Emerging Communities 0 0 0 0 0 007066 FG TF/Ryan White 0 0 0 0 0 007066 FG 'rF/Ryan White- AIDS Drag Assist Prog.-Admin. 27,951 0 27,95 i 0 27,95 I 007067 Tuberculosis Control - Federal Grant 131,026 0 13 ! ,026 0 131,026 007068 FGTF/Federal Grants-AIDS Inmate Intervention 0 0 0 0 0 007069 Minority Involvement in HIV/AIDS Program 0 0 0 0 0 007084 Immunization Special Project 8,043 0 8,043 0 8,043 007084 FG TF/ALG/Contr to CHDs-lmmunization Action Plan 28,505 0 28,505 0 28,505 007084 Immunization Supplemental-2001 0 0 0 0 0 007084 FG TF/lmmunization-Project Field Staff 0 0 0 0 0 007084 Immunization Action Plan-WIC Immunization Linkage 0 0 0 0 0 007085 Breast and Cervical Cancer-Client Services 0 0 0 0 0 007085 Breast and Cervical Cancer-Admin/Case Management 0 0 0 0 0 007127 ALG/MCH-MCH BIk GrL-Child Health I 1,251 0 11,251 0 11,251 007127 ALG/MCH-MCH BIk Grt-Child Health Ages 0-1 Yr. 0 0 0 0 0 007132 ALG/MCH-MCH BIk GrL-Dental Projects 0 0 0 0 0 007133 ALG/Family Planning Title X-Sterilzations 18,661 0 18,661 0 18,6~ 007133 FG'rF/Family Planning - Title X 29,162 0 29,162-- 0 29,16~. 007133 ALG/Grants & Aids-Faro Ping Svcs-Title X Special Initi 0 0 Agefl~t I t:em 007133 ALG/Fam Plng-Titlc X-Duval Thc Bridge 0 0 NO. 0 I&.0 / _. o? 007133 ALO/Grants&Aids-FamPIng-SpecialContracts-TitleX 0 0 [~0~' t 3 2~.~1 0 14 3. FEDERAL FUNDS - State 007134 ALG/MCH-MCH BIk Grt IPO/Omreaeh Soc Wrkrs 0 0 0 0 0 007134 ALG/MCH-MCH BIk C~t-Outr~ach So~ Wrkrs 0 0 0 0 0 007134 ALG/MCH-MCH Blk C~-~ Infant M~ ~j. 0 0 0 0 0 007134 ALC~PO/MCH-Infant Mortality Project 0 0 0 0 0 007134 ALG/IPO-MCH BIk. Grt.-IPO-G~dsden Sch Clinic 0 0 0 0 0 007134 ALG/MCH BIk Grt-Healthy StanflPO 0 0 0 0 0 007134 ALG/IPO-MCH Blk Grt- Healthy Start/IPO 0 0 0 0 0 015075 TANF Abstinence Education 7,054 0 7,054 0 7,054 015075 Abstinence Education Program Fed Grants TF 0 0 0 0 0 015075 Refugee Center Reimbursement 0 0 0 0 0 015075 Car Scat Reimbursement. 0 0 0 0 0 015075 Kidcarc - Title XIX 20,204 0 20,204 0 20,204 015075 KidCare Outreach Refugee/Entrant 0 0 0 0 0 015075 ALG/Fam Ping - Pregnancy Prev-TANF 0 0 0 0 0 015075 G/A Epilepsy Services-TANF 0 0 0 0 0 015075 Full Service Schools-TANF 13,376 0 13,376 0 13,376 015075 ALG/School Hcalth-Supplement-TANF 0 0 0 0 0 007051 WlC Infrastructure Grant - 2001 0 0 0 0 0 ~0~7021 Medicaid Waiver Revenues 0 0 0 0 0 £RAL FUNDS TOTAL 1,297,114 0 1,297,114 0 1,297,114 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001026 Returned Check Ser Fees 0 0 0 0 0 001091 Communicable Disease Fees 9,000 0 9,000 0 9,000 001092 Environmental Health Fees 224,215 0 224,215 0 224,215 001092 OSDS Repair Permit 0 0 0 0 0 001092 OSDS Permit Fee 0 0 0 0 0 001092 Aerobic Operating Permit 0 0 0 0 0 001092 Septic Tank Site Evaluation 0 0 0 0 0 001113 Mobile Home and Parks 19,500 0 19,500 0 19,500 001132 Food Hygiene Pcrmit 20,895 0 20,895 0 20,895 001135 OSDS Variance Fee 0 0 0 0 0 001136 I & M Zoned Operating Permit 0 0 0 0 0 001139 Migrant Housing Permit 1 i,000 0 l i ,000 0 I 1,000 001140 Biohazard Waste Permit 0 0 0 0 0 001142 Non SDWA Lab Sample 750 0 750 0 750 001144 Tanning Facilitics 4,250 0 4,250 0 4,250 001145 Swimming Pools 233,000 0 233,000 0 233,000 001149 Body Piercing 0 0 0 0 0 001165 Private Water Constr Permit 0 0 0 0 0 001166 Non-SDWA Systcm Permit 0 0 0 0 0 001166 Public Water Constr Permit 0 0 0 0 0 001-166 Public Water Annual Oper Permit 7,500 0 7,500 0 7,500 ' 70 Lab Fee Chemical Analysis 0 0 0 0 0 v~ t 211 Safe Drinking Water 0 0 0 0 0 010403 Fces-Copy of Public Do~ 5 0 { Aoen~ Ite~ _ 015052 Transfers-Mobile Home/RV Park 0 0 ~ NO, 0 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 530,115 0 530,115 0 530,115 5. OTHER CASH CONTRIBUTIONS - STATE 090001 Draw down from Public Health Unit 0 0 0 0 0 OTHER CASH CONTRIBUTIONS TOTAL 0 0 0 0 0 6. MEDICAID - STATE/COUNTY 001056 CHD Incm:Medicaid-Pharmacy 185,173 239,828 425,000 0 425,000 001080 CI-ID Incm:Medicaid-Other 0 0 0 0 0 001081 CHD Incm:Medicaid-EPSDT 0 0 0 0 0 001082 CHD Incm:Medicaid-Dental 156,852 203,148 360,000 0 360,000 001083 CHD Incm:Medicaid-FP 0 0 0 0 0 001084 CHD lncm:Medicaid-Physician 20,304 26,296 46,600 0 46,600 001085 CHD Inem:Medicaid-Nursing 0 0 0 0 0 001086 CHD Incm:Co-lnsurance 0 0 0 0 0 001087 CHD Incm:Medicaid-STD 0 0 0 0 0 001088 CHD lncm:Med Reimb AZT Disp Fee 0 0 0 0 0 001089 Medicaid AIDS 19,607 25,394 45,000 0 45,000 001147 Medicaid l-flv[O Rate 0 0 0 0 0 001148 Medicaid-l-rMO Admin 0 0 0 0 0 001181 CHD Incm:Medicaid Transportation 0 0 0 0 0 001191 CHD Incm:Medicaid Maternity 0 0 0 0 0 001192 CFID Incm:Medicaid Comp. Child 0 0 0 0 0 001193 CltD Incm:Medicaid Comp. Adult 0 0 0 0 0 001194 CHD Incm:Medicaid Sonagram 0 0 0 0 0 001208 Medipass $3.00 Adm. Fee 523 677 1,200 0 1,200 MEDICAID TOTAL 382.457 495,343 877,800 0 877.800 7. ALLOCABLE REVENUE - STATE 001029 Third Party Reimbursement 28,080 0 28,080 0 28,080 005040 Interest Emed State Investment 30,240 0 30,240 0 30,240 005041 lraerest Emed Local Investment 0 0 0 0 0 007010 U.S. Grants Direct to CHD 0 0 0 0 0 008094 Grnts/Contracts other Agencies Direct 193,912 0 193,912 0 193,912 010300 Sale of Goods and Sentic~s 0 0 0 0 0 010301 Exp Wimess Fee Consultnt Charges 0 0 0 0 0 010402 Recycle Paper Sales 0 0 0 0 0 010403 Fees-Copies of Documents 0 0 0 0 0 010405 Sale of pharmaceuticals 22,500 0 22,500 0 22,500 011007 Cash Donations Private 0 0 0 0 0 011098 Don*lion School Based Clinic 0 0 0 0 011099 Other Grant~/Donations Direct 481,507 0 481,507 0 481,507 011522 Other Grant DOE 0 0 0 0 0 012020 Fines and Forfeitures 3,420 0 3,420 0 3,420 012021 Return Check Charge 0 0 0 0 018001 Refunds, Salary 0 0 0 -- 0 0 018003 Refunds, other Personal Services 0 0 i/ Agerl0a I te~ 0 018004 Rcfunds, Expenses 4,865 0 4,86 NO, 0 018005 Refunds Crrants to Local Gov't 0 0 { ~.'0¥ '~ 3 2001 0 7. ALLOCABLE REVENUE - STATE 018006 Refunds, Operating Capital Outlay 0 0 0 0 0 018010 Refunds, Special Category 0 0 0 0 0 018011 Refunds, Other 0 0 0 0 0 0 ! 8099 Refunds, Certified Forward 0 0 0 0 0 029010 Sale of Fixed Assets 0 0 0 0 0 037000 Prior Year Warrant 0 0 0 0 0 038000 12 Month Old Warrant 0 0 0 0 0 ALLOCABLE REVENUE TOTAL 764,524 0 764,524 0 764.524 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE State Pharmacy Services 0 0 0 130,029 130,029 State Laboratory Services 0 0 0 251,377 251,377 State TB Services 0 0 0 0 0 State Immunization Services 0 0 0 333,432 333,432 State STD Services 0 0 0 0 0 State Construction/Renovation 0 0 0 0 0 WIC Food 0 0 0 3,325,752 3,325,752 Other (specify) 0 0 0 0 0 '~ Other (specify) 0 0 0 0 0 Other (specify) 0 0 0 0 0 Other (specify) 0 0 0 0 0 OTHER STATE CONTRIBUTIONS TOTAL 0 0 0 4,040,590 4,040,590 9. BOARD OF COUNTY COMMISSIONERS ANNUAL APPROPRIATIONS - COUNTY 008030 Grants-County Tax Direct 0 1,038,834 1,038,834 0 1,038,834 008034 Grants Cnty Commsn Other 0 950,000 950,000 0 950,000 BOARD OF COUNTY COMMISSIONERS TOTAL 0 1388,834 1,988,834 0 1,988,834 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001004 Child Car Seat Prog 0 0 0 0 0 001060 Vital Statistics Fees Other 0 10,585 10,585 0 10,585 001074 Adult Enter. Permit Fees 0 0 0 0 0 001077 Primary Care Fees 0 22,000 22,000 0 22,000 001093 Communicable Disease Fees 0 84,675 84,675 0 84,675 001094 Environmental Health Fees 0 275,000 275,000 0 275,000 001114 New Birth Certificates 0 21,965 21,965 0 21,965 001115 Death Certificates 0 189,000 189,000 0 189,000 001116 Computer Access Fee 0 8,000 8,000 0 8,000 001117 Vital Stats-Adm. Fee 50 cents 0 2,450 2,450 0 2,450 001195 Primary Car~ Transfer Fees 0 0 0 0 0 001196 Water Analysis-Potable 0 0 0 0 0 ~1.01062 Rabies Vaccine 0 0 0 0 0 £S AUTHORIZED BY COUNTY TOTAL 0 613,675 613,675 0 613,6~_75 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY i Agenda I tern ~ no. 001072 RyanWhiteTitlel 0 0 ~_~ ['.G"! ] ~ ?~ 0 pg ._7~_~ 17 ! I. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001073 Ryan White Title I1 0 0 0 0 0 001075 Ryan White Title Ill 0 0 0 0 0 001090 Medicare 0 79,000 79,000 0 79,000 001190 H~lth Mmnmnance Organ. (HMO) 0 0 0 0 0 008010 Grants Contr~ts Frm Cities Direct 0 0 0 0 0 008031 County AIDS Education 0 190,000 190,000 0 190,000 008033 County Contributions For Facilities 0 0 0 0 0 008050 Grunts.Cnty Sch Board Direct 0 0 0 0 0 008090 Grants other Local Govn't Direct 0 0 0 0 0 008095 Grants Cnty Sect 403.102 Air Poi 0 0 0 0 0 008099 Reimb/Rebat¢ Local Govn't 0 0 0 0 0 090002 Draw down from Public Health Unit 0 0 0 0 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 269,000 269,000 0 269,000 12. ALLOCABLE REVENUE - COUNTY 001029 Third Party Reimbursement 0 15,120 15,120 0 15,120 005040 Interest Emed State Investment 0 3,360 3,360 0 3,360 005041 Interest Emed Local Investment 0 0 0 0 0 007010 U.S. Grants Direct to CHD 0 0 0 0 0 008094 Grnts/Contracts other Agencies Direct 0 21,546 21,546 0 21,54¢ 010300 Sale of Goods a~d Services 0 0 0 0 0 010301 Exp Wimess Fee Consulmt Charges 0 0 0 0 0 010402 Recycle Paper Sales 0 0 0 0 0 010403 Fees-Copies of Documents 0 51 51 0 51 010405 Sale of pharmaceuticals 0 2,525 2,525 0 2,525 0! 1007 Cash Donations Private 0 0 0 0 0 011098 Donation School Based Clinic 0 0 0 0 0 011099 Other Grants/Donations Direct 0 53,501 53,501 0 53,501 011522 Other Grant DOE 0 0 0 0 0 012020 Fines and Forfeitures 0 380 380 0 380 037000 Prior Year Warrant 0 0 0 0 0 012021 Return Check Charge 0 0 0 0 0 015001 Refunds, Salary 0 0 0 0 0 018003 Refunds, other Personal Services 0 0 0 0 0 018004 Refunds, Expenses 0 540 540 0 540 018005 Refunds Grants re Local Gov't 0 0 0 0 0 018006 Refunds, Opcrating Capital Outlay 0 0 0 0 0 018010 Refunds, Special Catcgo~' 0 0 0 0 0 018011 Refunds, Other 0 0 0 0 0 018099 Refunds, Certified Forward 0 0 0 0 0 029010 Sale of Fixcd Assets 0 0 0 0 0 038000 12 Month Old Warrant 0 0 0 0 0 COUNTY ALLOCABLE REVENUE TOTAL 0 97,023 97,023 0 97,023 13. BUILDINGS- COUNTY - - f Agenda Item Annual Rental Equivalent Value 0 0 NO. 0 /~. Maintenance 0 0 F~!Cl~.~ 1 ~ 2001 0 Pg '--~------ 18 13. BUILDINGS - COUNTY Other (specify) 0 0 0 0 0 Other (specify) 0 0 0 0 0 other (specify) 0 o 0 0 o other (specify) 0 0 0 0 0 Other (specify) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 0 0 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY Facility Operating Expense 0 0 0 240,300 240,300 Rental Equivalent for Facility Us~ 0 0 0 496,455 496,455 Facility Janitorial Services 0 0 0 66,414 66,414 Other County Contribution (specify) 0 0 0 0 0 Other County Contribution (specify) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 803,169 803,169 GRAND TOTAL CHD PROGRAM 5,917,230 3,463,875 9,381,105 4,843,759 14,224,864 Agenda Item. ~ NO. /___~_~ 0 / ~ A. COMMUNICABLE DISEASE CONTROL: Immunization (101) 12.36 0 33,000 95,512 95,512 95,512 95,511 216,577 165,470 382,047 STD (102) 8.32 1,008 8,035 52,696 52,696 52,697 52,696 77,991 132,794 210,785 A.I.D.S. (103) 14.52 900 4,015 363,534 363,534 363,534 363,536 484,531 969,607 1,454,138 'EB Control Services (104) 13.94 2,800 15,000 133,858 133,858 133,858 133,859 198,110 337,323 535,433 Comm. Disease Surv. (106) 5.54 0 2,850 72,258 72,258 72,258 72,257 129,928 159,103 289,031 Hepatitis Prevention (109) 3.80 0 6,000 59,036 59,036 59,036 59,037 87,374 148,771 236,145 Vital Statistics (180) 2.00 0 0 21,201 21,201 21,201 21,200 84,803 0 84,803 COMMUNICABLE DISEASE SUBTOTAL 60.48 4,708 68,900 798,095 798,095 798,096 798,096 1,279,314 1,913,068 3,192,382 B. PRIMARY CARE: Chronic Disease Services (210) 3.00 150 425 41,968 41,968 41,968 41,969 37,873 130,000 167,873 Tobacco Prevention (212) 1.80 90 2,500 26,174 26,174 26,174 26,175 23,620 81,077 104,697 Home Health (215) 0.00 0 0 0 0 0 0 0 0 0 W.1.C. (221) 28. ll 10,000 72,000 228,226 228,226 228,226 228,224 0 912,902 912,902 Family Planning (223) 3.43 370 2,400 45,819 45,819 45,819 45,821 67,813 115,465 183,278 Improved Pregnancy Outcome (225) 0.20 0 0 0 0 0 0 0 0 0 Healthy Start Prenatal (227) 16.04 1,832 28,740 155,770 155,770 155,770 155,771 20,540 602,541 623,081 Comprehensive Child Health (229) 3.00 52 564 !10,250 110,250 110,250 110,250 163,170 277,830 441,000 Healthy Start Infant (231) 4.56 732 11,740 67,143 67,143 67,143 67,145 99,372 169,202 268,5 School Health (234) 8.44 0 133,000 198,798 198,798 198,798 198,798 319,965 475,227 795,192 Comprehensive Adult Health (237) 3. I 1 0 2,000 17,463 17,463 17,463 17,464 63,113 6,740 69,853 D~ntal Health (240) 6.00 i,705 0 109,808 109,808 109,808 109,810 70,072 369,162 439,234 PRIMARY CARE SUBTOTAL 77.69 14,931 253,369 1,001,419 1,001,419 1,001,419 1,001,427 865,538 3,140,146 4,005,684 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs Private Water System (357) 0.85 105 210 0 0 0 0 0 0 0 Public Water System (358) 0.20 7 7 2,584 2,584 2,584 2,583 6,000 4,335 10,335 Individual Sewage Disp. (361) 9.85 5,200 7,080 110,083 ! 10,083 110,083 t 10,084 88,762 351.571 440,333 Group Total 10.90 5,312 7,297 112,667 112,667 112,667 112,667 94,762 355,906 450,668 Facility Programs Food Hygiene (348) 1.95 200 1,680 12,587 12,587 12,587 12,587 18,629 31,719 50,348 Group Cate Facility (351) 1.40 325 535 28,047 28,047 28,047 28,045 41,509 70,677 112,186 Migrant Labor Camp (352) 3.70 205 750 40,083 40,083 40,083 40,082 59,323 101,008 160,33 Housing,Public Bldg Safety,Sanitation (353) 0.01 2 5 0 0 0 0 0 0 0 Mobile Hom~ and Patios Services (354) 1.00 100 180 2,124 2,124 2,124 2,123 3,143 5,352 8,495 Swimming PooWBalhing (360) 7.00 1,365 3,800 76,142 76,142 76,145 76,142 127,490 177,081 304,571 Biomedical Waste Service~ (364) 0.03 0 0 0 0 0 0 0 0 0 Tanning Facility Services (369) 0.33 42 50 0 0 0 0 0 0 0 Group Total 15.42 2,239 7,000 158,983 158,983 158,986 158,979 250,094 385,837 635,931 Groundwater Contamination Storage Tank Compliance (355) 0.00 0 0 0 0 0 0 0 0 Super Act Service (356) 0.20 0 135 377 377 377 377 0 1,508 1,508 Agenda Itcm .o. / _ Group ToUII 0.20 0 135 377 377 377 377 0 1,508 1,508 Community Hygiene Rabies Surveillance/Control Services (366) 0.00 0 0 0 0 0 0 0 0 0 Arbovirus Surveillance (367) 1.02 0 145 12,533 12,533 12,533 12,533 24,167 25,965 50,132 Rodent/Arthropod Control (368) 0.00 0 0 0 0 0 0 0 0 0 Occupational Health (344) 0.00 0 0 0 0 0 0 0 0 0 Consumer Product Safety (345) 0.00 0 0 0 0 0 0 0 0 0 Emergency Medical (346) 0.00 0 0 0 0 0 0 0 0 0 Lead Monitoring Services (350) 0.02 0 10 0 0 0 0 0 0 0 Public Sewage (362) 0.17 0 12 0 0 0 0 0 0 0 Solid Waste Disposal (363) 0.00 0 0 0 0 0 0 0 0 0 Sanita~/Nuisance (365) 1.00 56 50 0 0 0 0 0 0 0 Water Pollution (370) 0.02 0 3 0 0 0 0 0 0 0 Air Pollution (371) 0.02 0 0 0 0 0 O 0 0 0 Radiological Health (372) 0.02 2 3 0 0 0 0 0 0 0 Toxic Substances (373) 0.04 0 0 0 0 0 0 0 0 0 Group Total 2.31 58 223 12,533 12,533 12,533 12,533 24,167 25,965 50,132 EN~r~IRONMENTAL HEALTH SUBTOTAL 28.83 7,609 14,655 284,560 284,560 284,563 284,556 369,023 769,216 1,138,239 ..' ;PECIAL CONTRACTS: ~pecial Contracts (599) 0.00 0 0 86,200 319,.533 319,533 319,534 950,000 94,800 1,044.800 SPECIAL CONTRACTS SUBTOTAL 0.00 0 0 86;200 319,533 319,533 319,534 950,000 94,800 1,044,800 TOTAL CONTRACT 167.00 27,248 336,924 2,170,274 2,403,607 2,403,611 2,403,613 3,463,875 5,917,230 1,105 Agenda Item No. ATTACHMENT III COLLIER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted dudng the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance beinci terminated and further assistance being denied. ~ Agenda Item No. /¢~/ ATTACHMENT IV FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT FACILITY DESCRIPTION Location Owned By COLLIER COUNTY HEALTH & PUBLIC 3301 E. Tamiami Trail Collier County SERVICES BUILDING H Building H, Naples CHD/ENVIRONMENTAL HEALTH 2800 North Horseshoe Dr. Collier County CO-LOCATION WITH Naples DEVELOPMENT SERVICES IMMOKALEE SATELLITE 419 North First Street Collier County A, Clinical Services Immokalee Health Services Facility B. General Public Health Services Collier County Triple Wide Mobile Office Unit _~LDEN GATE WIC OFFICE 4727 D Golden Gate Prkway Collier County Naples Agenda Item No. /r, Z) f ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT DESCRIPTION OF USE OF CHD TRUST FUND BALANCES FOR SPECIAL CAPITAL PROJECTS, IF APPLICABLE (From Attachment II, Part I) Include detailed Special Capital Project information, including description, cost by each project and anticipated completion date on this attachment. 1. Computer Infrastructure $41,400 2. Facililty Renovation & Associated Exp. $67,000 TOTAL $108,400 Anticipated completion Date: Apdl 30,2002 DESCRIPTION OF SPECIAL CONTRACTS (From Attachment II, Part III) Please list separately Special contracts are contracts for services for which there are no comparable services in the county health department core programs; no service codes in Departmental coding manuals; projects that are locally designed and have no standard statewide set of services and therefore cannot be accounted for within existing county health department programs. These contracts are coded to FLAIR Level 5 of 599 and include some contracts formerly handled at the district offices such as epilepsy, Project WARM, community planning and special family planning and teen mother projects. 1) Pdmary Care Initiative $700.000 2) Foundation for Women's Health 250,000 3) Special Needs Shelter Program 94,800 TOTAL $1,044,800 GRAND TOTAL SPECIAL PROJECT FUNDING $1,153,200 i' Agenda lt. em I I No. /c.___~ /' ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2001 - 2002 Est. Ann, Revenue · ~ .... :- ~.--:' .. '!' Am3u~ '!' A~u"' I'--"--' -' '"- ' -- ~-'~ ~':~;:'1~"'~~m Trust Fund · ~l ~ '~/' : ' ~ ': ~"~'l~!' ': ~"~'~ ;~' 'i i :~ PUBUC SWIMMING POOLS AND BATHING PLACES 233,000.00 1. Annual Permit - Up to (and including) 25,000 gallons 75.00 67.50 001145 la. Transfer to headquarters 7.50 001205 :2. More than 25,000 gallons 160.00 144.00 001145 !2a. Transfer to headquarters 16.00 001205 3. Exempted Condo Pools (over 32 units) 50.00 45.00 001145 3a. Transfer to headquarters 5.00 001205 OTHER FEES Collected by the 13 delegated counties Broward, Dade, Duval, Hillsborough, Lee, Manatee, Collier, Palm Beach, Pinellas, Polk, Sarasota, Volusia, Escambia. Permits and variances for Okaloosa, Santa Rosa, Walton, Bay, '~omes, and Washington Counties are processed by Escambia County and variances and permits for Pasco County are processed by Pinellas County are processed as follows: 1. Plan review (new construction) 275.00 275.00 001092 2. Plan review for modification of original construction 100.00 100.00 001092 3. Plan/application review for bathing place development 275.00 275.00 001092 4. initial operating permit 125.00 125.00 001092 5. Vadance applications 240.00 216.00 001092 5.a. Transfer to Headquarters 24.00 001205 are to send the fee to Bureau of Water Programs in Tallahassee or the Environmental Engineering in Orlando as follows: 1. Plan review (new construction) 275.00 ' 275.00 001044 Plan review for modification of original construction 100.00 100.00 001044 3. Plan/application review for bathing place development 275.00 275.00 001044 Initial operating permit 125.00 125.00 001044 5. Variance applications 240.00 240.00 001044 MOBILE HOME & RECREATIONAL VEHICLE PARKS 19,500.00 I. Annual permit for 5 to 14 spaces 50.00 45.00 XX-354 001113 'a. Transfertoheadquarters 5.00I 99-910I 001113 3.50 pel Agenda Item 12. Annual permit for 15 to 171 spacos space i xx.3. i001113 12a. Transfer to headquarters 10°/~I 99-910I 001113 pg .~ L~P -25 ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2001 - 2002 E~L Ann. Revenue ' ESC~I~: ~ - .:~:i :~':-':i*;;:; '*: :'ii _i rl'FEE 'DEPOSlTi; ~ORG:!~'OBJECT'' AccmingtoCHD ..... ~ ~:~'~i"~' .~-~ ..... '. ..~ . · .AMOUNT AMOUNT~i ?L4JI.~.; .. '-CODE., ~'~ Trust Fund :3. Annual permit for 172 and above spaces 600.00 540.00 XX-354 001113 3a. Transfer to headquarters 60.00 99-910 001113 MIGRANT LABOR CAMPS 11,000.00 1. Annual permit for facilities with 5-50 occupants 125.00 125.00 XX-352 001139 2. Annual permit for facilities with 51-100 occupants 225.00 225,00 XX-352 001139 3. Annual permit for facilities with over 100 occupants 500.00 500.00 XX-352 001139 BIOMEDICAL WASTE GENERATORS 1. Initial permit 55.00 55.00 XX-364 001140 2. Renewal of annual permit(except physician office generating less than 251bs/30 days) postmarked by October 1 55.00 55.00 XX-364 001140 2. Renewal of annual permit(except physician office generating less than 251bs/30 days) postmarked after October 1 75.00 75.00 XX-364 001140 3. Storage facilities permit postmarked by October 1 55.00 55.00 XX-364 001140 3. Storage facilities permit postmarked after October 1 75.00 75.00 XX-364 001140 4. Treatment facilities operating permit by October 55.00 55.00 XX-364 001140 4. Treatment facilities operating permit after October 1 75.00 75.00 XX-364 001140 5. Transporter registration (one vehicle) postmarked by 10/1 55.00 55.00 XX-364 001140 5. Transporter registration (one vehicle) after 10/1 75.00 75.00 XX-364 001140 6. Transporter registration additional vehicle 10.00 10.00 XX-364 001140 TANNING FACILITIES 4,250.00 I 1. Annuallicense fee 150.00 135.00 XX-369 001144 la. Transfer to headcluarters 15.00 99-910 001144 2. Fee for each additional device 55.00 49.50 XX-369 001144 2.a. Transfer to headquarters 5.50 99-910 001144 3. Late fee 25.00 25.00 XX-369 001092 BODY PERIERCiNG 1. Annual I.icence Fee 150.00 135.00 XX-364 001149 I a. Transfer to headquarters 15.00 99-910 001149 2. Temporary Establishment 75.00 67.50 XX-364 001149 2a. Transfer to headquarters 7.50 99-910 001149 3. Late fee 100.00 100.00 XX-364 001149 FOOD ESTABLISHMENTS 20,895.00 1 Annual Permit for Fraternal/Civic 160.00 144.00 XX-348 001132 la. Transferto headquarters 16.00 99-910 001132 Agenda ~[t. em 2. Annual Permit School Cafeteria Operating for NO. 9 months or less 130.00 117.00 XX-348 001132 ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2001 - 2002 Est. Ann. Revenue DESCRJPTIOI~I: ...'~ ~ ~,/. ~ i ;~ FEE DEPOSIT .OBJECT Accruing to CHD ~ . ~ ' · ' Trust Fund 2a. Transfer to headquarters 13.00 001132 3. Annual Permit School Cafeteria Operating for more than 9 months 160.00 144.00 001132 3a. Transfer to headquarters 16.00 001132 Annual Permit for Hospital/Nursing Food Service 210.00 189.00 001132 Transfer to headquarters 21.00 001132 5. Annual Permit for Movie Theaters 160,00 144.00 001132 Transfer to headquarters 16,00 001132 Annual Permit for Jails/Prisons 210,00 18900 001132 6a. Transfer to headquarters 21.00 001132 7. Annual Permit for Bars/Lounges (Drink Service Only) 160.00 144.00 001132 Transfer to headquarters 16.00 001132 Annual Permit for Residential Facilities 110.00 99.00 001132 Sa, Transfer to headquarters 11.00 001132 9. Annual Permit for Child Care Centers without C&F license 85.00 76,50 001132 9a. Transfer to headquarters 8.50 001132 10. Annual Permit for Limited Food Service 85.00 76.50 001132 10a. Transfer to headquarters 8.50 001132 11. Annual Permit Other Food Service 160.00 144.00 001132 1 la. Transfer to headquarters 16.00 001132 12. Plan Review $35/hour $35/hour 001092 13. Food Worker Training 10.00 10.00 001092 14. Request for Inspection 40.00 40,00 001092 15. Reinspection (after the first reinspection) 30.00 30,00 001092 16. Late Renewal 25.00 25.00 001092 17. Alcoholic Beverage Inspection Approval 30.00 30.00 001092 ONSlTE SEWAGE DISPOSAL PROGRAM (O$TD$) 224,215:00 1. Applicafion for permitting of an onsite sewage 25.00 23.00 I XX-361 I 001092 treatment and disposal system which includes application and plan review for new and repair permits la. Transferto headquarters 2.00 I 99-910 I 001203 2. Site evaluation for a new system 60.00 55,20 1 XX-361 I 001092 a. Transfer to headquarters 4.80 / 99-910 / 001203 iSite evaluation for · system repair or modificatiorl of system 40.00 36.80Il xx-361 1/ 001092 j Agenda 13a. Transfer to headquarters 3.20/ 09-910 0012031 NO. /G__ LNOV g~ ~27 P ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2001 - 2002 ESt. Ann. ReVenue DESCRi~oN _ ~, :'....'' 'FEE ~ DEPOSIT ''ORG, OBJECT Accruing to CHD ~ .. . ....... AMOUNT AMOUNT ~ L4/L5 :~ CODE Trust Fund 4. Site re-evaluation, new or repair or modification 40.00 36.80 XX-361 001092 4a. Transfer to headquarters 3.20 99-910 001203 5. Permit for new systems, or modification to system 55.00 50.60 XX-361 001092 Sa. Transfer to headquarters 4.40 99-910 001203 6. New system or system modification installation inspection 55.00 50.60 XX-361 001092 6a. Transfer to headquarters 4,40 99-910 001203 7. Research fee to be collected in addition, and concurrent with 5.00 5.00 99-910 001201 the permit for a new system installation fee until 6/30/2002. ~3, Repair permit issuance which includes inspection 50,00 41.40 XX-361 001092 !8a. Transfer to headquarters 3.60 99-910 001203 8b. Transfer to headquarters for training center 5.00 99-910 001067 9. Inspection of system previously in use 50.00 46.00 XX-361 001092 ga. Transfer to headquarters 4.00 99-910 001203 10. Reinspection fee per visit for site inspections after system 25.00 23.00 XX-361 001092 construction approval 10a. Transfer to headquarters 2.00 99-910 001203 11. Installation reinspection of non-compliant system per 25.00 23.00 XX-361 001092 each site visit 11a. Transfer to headquarters 2.00 99-910 001203 12. System abandonment permit, includes permit 40.00 36.80 XX-361 001092 ~ssuance and inspection 12a. Transfer to headquarters 3.20 99.910 001203 13. Annual operating permit fee for systems in IM and 150.00 138.00 XX-361 001092 equivalent areas, and for systems receiving commercial waste 13a. Transfer to headquarters 12.00 99-910 001203 14. Amendments or changes to the operating permit dudng 25.00 23.00 XX-361 001092 the permit period per change or amendment 14a. Transfer to headquarters 2.00 99-910 001203 15. Aerobic treatment unit operating permit (biennial) 100.00 92.00 XX-361 001092 15a. Transfer to headquarters 8.00 99.910 001203 16. Tank manufacturer's inspection perannum 100.00 50.00 XX-361 001092 16a. Transfer to headquarters 50.00 99.910 001203 17. Septage disposal service permit per annum 50.00 46.00 XX-61 001092 17a. Transferto headquarters 4.00 99-910 001203 Agenda it, em 18. Additional charge per pumpout vehicle 25.00 23.00 XX-361 001092 NO .../C 0 / ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2001 - 2002 :..~ .~. :..~ ~.~ ~..~UOU~ T~t Fund 18a. Transfer to ~a~ua~em 2.~ ~1203 19. Potable or tem~m~ toilet sewi~ ~ ~r annum ~.~ ~.~ ~1092 19a. Transfer to headqua~ers 4.~ 001203 20. Add~ional ~a~e ~r pumpout vehicle 23.~ ~1092 20a. Transfer to head(ua~em 2.00 001203 21. Septage stabil~afion fa~liH ins~ion f~ ~r annum 150.00 138.00 ~1092 Transit to head( ua~ers 12.00 001203 22. Septage disposal site evaluation fee per annum 100.00 92.00 001092 22a. Transfer to headqua~ers 8.00 001203 23. Aerobic treatment unit maintenan~ enti~ pe~it ~r annum 25.00 23.00 001092 23a. Transit to head; ua~em 2.~ 001203 24. Vadan~ appli~tion for a single family residen~ per 150.00 75.00 001135 ~ lot or building s~e 24a. Transfer to headqua~em 75.00 0012~ 25. Vadan~ appli~tion for a mu~Pfamily or ~mmercial 200.00 100.00 001135 bui~ing ~r ea~ bui~ing s~e 25a. Transfer to headquaders 100.00 001204 26. Inspe~ion for ~nst~ction of an inje~ion well (FL Keys) 125.00 125.00 001092 Pe~o~anc~s~ Tma~ent Sys~ms . Appli~tion for ~i~ing of a new ~do~an~-based 125.00 115.00 001092 ~reatment system, whi~ includes appli~tion and plan review la. Transfer to headqua~em 10.00 001203 2. Pe~it for new ~do~an~based treatment system 12500 115.00 001092 2a. Transfer to headqua~em 10.00 001203 3. Installation ins~ion for new ~do~an~a~ systems 75.00 69.00 001092 3a. Transfer ~ headqua~em 6.~ ~1203 5. Resear~ ~e to ~ ~lle~ in add,on, and ~ncu~nt w~h 5.00 5.00 001201 the ~ ~r a n~ ~do~an~a~ system ins~llation fee 4. Repair ~ issuan~ which in~udes ins~on 125.00 115.00 ~1092 4a. Transit to headqua~em 10.~ ~1203 5. Ins~n of system previously in u~ 25.00 23.00 001092 Sa. Transfer to headqua~em 2.00 001203 Reinspe~ion fee per visit for site inspe~ions after system 25.00 23.00 001092 J ~nstm~ion approval Agenda ~em J6a. Transit to headqua~em 2.~ ~1203 ' - ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2001 - 2002 ESt. Ann. Revenue 7. Ins~lla~n mins~n of no~liant s~t~ ~r 50.~ ~.~ ~-~1 ~1~2 ea~ s~ v~ 7a. Transfer to headquaAers 4.~ 99-910 001203 B. System abandon~nt ~it. includes ~it 75.~ 69.00 ~-~1 ~1092 issuan~ and inspe~ion 8a. Transfer to headqua~em 6.~ 9~910 ~1203 Biennial Operating Pe~s 100.00 92.~ ~-361 001092 9a. Transfer to headquaAem 8.00 99-910 001203 10. Review of appli~tion due to proposed amendments or 75.00 6900 XX-361 001092 changes after initial o~rating pe~it issuan~. 10a. Transfer to headquaAem 6.~ 9~910 ~1203 11. Vadan~ appli~tion for a single fami~ resMen~ ~r 150.00 75.00 XX-361 001135 each lot or building site 11a. Transfer to headqua~ers 7500 9~910 0012~ 12. Pe~o~an~-based Treatment System Maintenan~ 25.00 23.00 XX-361 001092 (Per annum) '12a. Transfer to headqua~em 2.00 9~910 001203 FEE COLLECTED AT H~DQUARTERS - Onsi~ Se~ge 1. Appli~tion for innovative pr~u~ approval 500.00 For headquaAem use only 2. Appli~tion for r~istration including in,iai examination 75.00 For h~dquaAem use only 3. In,iai r~istration 100.00 For headqua~em use only 4. Renewal of registration 100.00 For headquaAem use only 5. Ce~cate of autho~ation ea~ ~yar ~d~ 2~.00 For headqua~m use on~ DRINKING WATER 8,250.~ 1. Fimt Year Public Water ~nual O~ration Pe~ and 75.~ 67.50 ~-357 ~11~ Cons~on Pe~A - L~ U~ la. Tmns~r to ~a~ua~em 7.~ 99-910 0011~ 2. Se~nd Year Pub~ Wa~r ~nual O~m~ Pe~ - Lim~ U~ 70.~ 63.~ ~-357 ~11 2a. Tmns~ to ~ua~ 7.~ ~910 ~11~ 4. Mu~Fami~ Water Const~ion Pe~ - ~wing 3 or 4 40.00 36.~ ~-357 001165 non-rental ms~en~s 4a. Transfer to headqua~ers 4.00 99-910 0011 5. InAial O~rating Pe~A Fee After March 31 of Any Year 35.00 31.50 ~-357 001161 Agenda ~ tern "~ 5a. Trans~r to hea~uaAe~ 3.50 9~910 0011~ ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2001 - 2002 Est. Ann. Revenue ':.:.~'~,. ~. -~,,,~ :..:. ~: .::~ ~-. % ~ ~ ~ · OB;IECl' Accruing to CHD '-: ~;~'~'~ '~; ~'~? ~'~" ....... ~ ........... coDE Trust Fund Non-SDWA Lab Sample (Sample Collection/Review of Analytical Results/Health Risk Interpretation): Delineated Area 50.00 50.00 001142 Bacterial Sample Collection 40.00 40.00 001142 Chemical Sample Collection 50.00 50.00 001142 Combined Chemical microbiological 55.00 55.00 001142 7. Reinspection of multi-family Water System 25.00 25.00 001092 8. Reinspection of Public Water System 40.00 40.00 001092 9. Delineated Area Clearance Fee 50.00 50.00 001092 10. Limited Use Commercial Registered System 15.00 15.00 001092 11. Limted Use Commercial Public Water System 25.00 25.00 001092 Operating Permit Family Day Care Establishment ~.. Limted Use Commercial Public Water System Operating Permit 15.00 15.00 001092 Family Day Care Establishment After March 31 of Any Year. Safe Drinking Water Act (Delegated Counties) 1. Construction permit for each Category I through III treatment =tant, as defined in Rule 62-699.310, FA.C_, with treatment other than disinfection only. a. Treatment plant - 5 MGD and above 7,500.00 7,500.00 001211 b. Treatment plant - I MGD up to 5 MGD 6,000.00 6,000.00 001211 c. Treatment plant - 0.25 MGD up to I MGD 4,000.00 4,000.00 001211 d. Treatment plant - 0.1 MGD up to .025 MGD 2,000.00 2,000.00 001211 e. Treatment plant - up to 0.1 MGD 1,000.00 1,00GO0 001211 2. Construction permit for each Category IV treatment plant, as defined in Rule 62-699.310, F~.C.., with treatment other than disinfection only. a. Treatment plant - 5 MGD and above 7,500.00 7,500.00 001211 b. Trealment plant - 1 MGD up fo 5 MGD 6,000.00 6,000.00 001211 c. Treatment plant - 0.25 MGD up to 1 MGD 4,000.00 4,000.00 001211 d. Treatment plant - 0.1 MGD up to .025 MGD 2,000.00 2,000.00 001211 e. Treatment plant- 0.01 upto0.1 MGD 1,000.00 1,000.00 001211 f. Treatment plant - up to 0.01 MGD 40000 400.00 001211 Construction permit for each Category V treatment plant, as I defined in Rule 62-699.310, F.A.C.., - Disinfection Only AQend~ ! te, m No, ia. treatment plant - 5 MGD and above 5,000.00 5,000.00 ATTACHMENT Vi COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2001 - 2002 . = .: .: .... ~ .... ESt,Ann, ReVenue D~PTION ~ ::[' i* ~/~. ::::... ~:~i~i~:~ ~*~.: :i~.' i ' '*FEE D~IT ~i:Oi~'..: 'O~E~cT Accruing to CHD .... · ?~ .... - ~ ...... -~;r*~ '~-~:~!'~-: (r'% ?.'~,~ "-:~% *;" ~ ~:~'M~UNT ~ :'~*= ~ L~~' ~'"~dO~DE Trust Fund b. Tma~ ~ant- 1 M~ up to 5 MGD 3,~.~ 3,~.~ ~-3~ ~1211 c. Tma~ plant- 0.25 MGD up to I MGD 1,~,~ 1,~.~ ~-3M ~1211 d. Treatment plant- 0.1 MGD up to ,025 MGD 5~,00 500.~ ~-358 001211 e. Treatment plant - up to 0.1 MGD 300.00 300.00 XX-358 001211 4. Dis~bution and transmission systems, incl~ing mw water lines into the plant, exMpt those under general ~. a. Sewing a ~mmun~ public water system 5~.~ 5~.~ ~-358 1211 b. Sewing a non-transient non~mmuni~ public water systems 350.00 350.00 XX-358 001211 c. Se~ing a non~mmunity public water system 250.00 250.00 ~-358 001211 5. Constm~ion pe~it for each public water supply well a. Well Io~t~ in a delineat~ area pumuant to Chapter 62-524, F.A.C.. 500.~ 500.~ XX-358 001211 b, Any other public water supply well. 250,00 250.00 XX-358 001211 6. Major m~tions to systems that a~er the existing tma~ent without expanding the Mpa~ of the system and are not ~ns~er~ subs~nfial ~anges pumuant to Rule 62~.0~(7) ~1~. a, 1MGD and above 2,000.00 2,000.00 ~-358 001211 b. ,1 MGD up to 1 MGD 1,000.00 1,000.00 ~-358 001211 c. 0.01 upto ,1 MGD 500.00 500.~ XX-358 001211 d. UptoO.01 MGD 1~,~ 1~.~ ~-3~ ~1211 7. Minor m~tions to systems that msuE in no ~ange in ~e ~ma~ent or Mpa~. a, .1 MGD and above 3~.00 300.00 ~-358 001211 ~b, Upto0.1 MGD 100.00 1~.00 ~-358 001211 8. Fines a~ Fo~e~ums Vadable VadabW ~-3~ 012020 9. ~neml Pe~ F~ ~ any ~ml Pe~ n~ ~IN ~t~: 1~.~ 1~.~ ~-358 ~1211 a. ~neml Pe~ ~uid~ Pr~s~nal Engi~r or Pmf~ional 2~.~ 2~.~ ~-~ ~1211 G~ist M~M~n a. ~neml Pe~ not requiring Professional E~i~r or 1~.~ 1~.~ ~-358 ~1211 Pm~nal ~l~t M~tion Agenda Item ATTACHMENT VII TO STANDARD CONTRACT BETWEEN COLLIER BOARD OF COUNTY COMMISSIONERS This attachment adds the following language: The CHD is a state agency or subdivision, as defined in section 768.28, Florida statutes; agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CHD to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The CHD agrees that it is an independent contractor and not an employee of the County. Atth70001 corE.rff, doc EXECUTIVE SUMMARY THAT THE 'BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT FOR SOUTH MARCO BEACH ACCESS RESTROOM FACILITY ~: That the Board of County Commissioners approve a budget amendment for the South Marco Beach Access Restroom Facility project. The Funds are needed to provide funds that were not carried forward into the 01-02 budget, for additional impact and permits fees and for increased construction costs. ~: On November 20, 2000 Parks and Recreation assigned Work Order #VL-00- 07 to Latavish & Associates for the design of the South Marco Beach Access Restroom Facility. Following a lengthy design, variance and permitting process, the project was bid to the County's General Contractor on annual contract on September 20, 2001. The resulting bids came in over the budgeted amount, when factoring in the anticipated building permit and impact fees. In addition, the projects funds that were carried forward were rounded down, and did not include the full amount available. In order to provide adequate funds to construct this project, savings that were realized in the Vineyards Elementary School Parking Lot project is available to be transferred into this project number. These funds amount to $12,500 and are in the Unincorporated Community & Regional Park Impact Fee fund. Growth Management: The South Marco Restroom Facility will be inventoried in the Growth Management Plan. ~: A budget amendment will transfer $12,500 fi:om the Vineyards Elementary School Parking Lot project (80013) to the South Marco Beach Access project (00173) in the Unincorporated Community & Regional Park Impact Fee fund (346). Recommendation: Staff recommends that the Board approve the budget amendment to transfer funds into the South Marco Beach Access Restroom Facility. Prepared by: fi.~ "~ ~"c/~,~- Date: Debbie Roberts, Operations Coordinator Parks and Recreation Department Reviewed by'- ~/~ ~~ Date: /~'/C' ' ~[Vlarla (31svig Ramsay, D~ecto~ Department of Parks and R'e~eation //. / Approved by: b ~,A ~.-- Date: O/-O Peter Kral~y, Interim-~e Services Administrator Division of Public Se~es NOV 1 f 200'! Pg. EXECUTIVE SUMMARY,. THAT THE BOARD OF COUNTY COMMISSIONERS AMEND THE CONTRACT WITH RECREATIONAL FACILITIES OF AMERICA AT TIGERTAIL BEACH ~: That the Board of County Commissioners approve an amendment to the concession agreement at Tigertail Beach with Recreational Facilities of Arnica. Coasidel~tion: Recreational Facilities of America has been operating a concession at Tigertail Beach for the past 14 years. The contract was renewed in 1999 for an additional 5 years. The contract will expire 3/31/04. The percentage remitted to the county is currently $900 per month or 22% of gross sales whichever is greater. Due to various environmental conditions at the lagoon the Department is requesting that Recreational Facilities of America's remittance be reduced for the remainder of the contract. The new remittance would be $500 per month or 12% of gross sales whichever is greater. Recreation Facilities of America is contracted with the County for a beach and food concession at Barefoot Beach with the same remittance. ~: This decrease could amoum to a loss of General Fund (001) revenue of $4,800 per year for 2.5 years. Growth Management: There is no impact to The Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners approve the reduction in remittance to Collier County by Recreational Facilities of America to $500 per momh or 12% of gross whichever is greater. Prepared by: ,<~ ~(,~IA/ Date: Debbie Roberts, Operations Coordinator Parks and Recreation Department Reviewed by:.~~' ~ R~~,~DireS~r4~ .~. ,~, Date: Maria Olsvig Departmem of Parks and Recreation Steve ~arnell, I~trector ----g~cl~ing Delyartment Approved by' ~'~~ Date: Peter Kraley ,,,.--J ~" Imerim Public Servibe's Administrator .... ADDENDUM NO. 1 TO AGREEMENT FOR TIGERTAIL BEACH AND WATER CONCESSION THIS ADDENDUM NO. 1 is entered into this day of , 2001, by and between the BOARD OF COLLIER COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a subdivision of the State of Florida ("County") and Recreational Facilities ofAmericat, Inc, a Florida corporation (Concessionaire") WHEREAS, County and Concessionaire on March 15, 1994, then again on April 1, 1999 entered into an Agreement for a "Beach and Water Concession at Tigermil Beach WHEREAS, County and Concessionaire have determined that the Original Agreement remittance to the County needs to be amended due to environmemal conditions at Tigertail Beach WHEREAS, County and Concessionaire agree due to the decrease in revenue generated at the facility, the remittance to the County should be adjusted. NOW, THEREFORE, in consideration of the benefits derived by the Concessionaire and County, said Original Agreement is hereby amended to decrease the - remittance to the County as follows: Section 16. Considemtious: 1st paragraph is hereby amended to read: The Concessionaire shall remit to the County, as consideration for this Agreement a percentage of the total of gross revenue of concessionaire's business of twelve per cent (12%) of the total gross revenues for each month, or five hundred dollars ($500), whichever is greater. 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 ofthi.q Amending Agreement. AGENDA ITEM No. it-o ~ N0V 1 3 2001 Pg.. ~ Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, By:. By: Deputy Clerk James D. Carter, Ph D., Chairman , President (Signature) Printedfll~yl~d Name Witness Signature Printed/Typed Name Approved as to form and Legal sufficiency Thomas C. Paliner Assistant County Attorney Agenda Item EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND COPELAND BAPTIST MISSION FOR THE CONTINUED USE OF PROPERTY FOR A NEIGHBORHOOD PARK, OBJECTIVE: Approve Lease Agreement between Collier County and Copeland Baptist Mission for the continued use of property to accommodate a neighborhood park. CONSIDERATIONS: Since 1997, Collier County has leased approximately six thousand (6,000) square feet of vacant property from Copeland Baptist Mission for the operation of a neighborhood park. The park is located adjacent to the Mission, 900 Church Street, Copeland. The most recent lease expired on September 16, 2001, and staff was unable to negotiate a new lease because the pastor was not agreeable to continuing the lease. However, negotiations with the new pastor have resulted in a one-year Lease effective as o¢ September 15, 2001, with the right to extend for one additional year. The County's goal is to have a permanent recreation facility in the area and this tease will allow staff additional time to locate and purchase a site suitable for this purpose. The Lease includes a provision for early termination should the County need to do so prior to expiration. The Lease is rent-free. Collier County is responsible for all costs associated with the maintenance and operation of the facility. FISCAL IMPACT: The Lease is rent-free. Costs associated with the maintenance and operation of the facility are included in the FY '02 Parks and Recreation Beach and Water General Fund (001) Budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Copeland Baptist Mission and authorize its Chairman to execute same on behalf of the Commission. SUBMITTED BY: ,/'"-)~..c_.c_ x_ ~' L C._ '"'~ · ~c.: ~. ~_.~/.,,, DATE: /'('~ '~ 'Y' ~' / -Michael H. Dowling, Property Man~qement Specialist Real Property Management Department REVIEWED BYe-'-- \,~5~'".j.,~:.:t.-%..-- ~ I%.~.,..?,.. ;2~ DATE: i,~2' ~- L_! -.~.~). To'ifA. Mott, SuPbCvisor Real Property Management Department AGENDA ~E/~. No. /~. NOV i 3 2 0! Pg. / EXECUTIVE SUMMARY Copeland Baptist Mission Park Page 2 Ch~Fles~E. Carrington, Jr., ~I~/VVA, ~)irector Real Property Managemenf Department Murdb Smith, Operations Manager Parks and Recreation Department REVIEWED BY: - DATE: Maria Ramsey, Dire~o_r/ Parks and Recreati~?_pepartment APPROVED BY: ~-" DATE: Peter Kraley, Acting ~ninistrator Public Services Divi~gr~ gende Ttem : .':; 1 :~ :'~!',', Lease #829 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this __ day of 2001, between Copeland Baptist Mission whose mailing address is 900 Church Street, Copeland, Florida 34137, 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 tile mutual covenants contained herein, and other valuable consideration, tile parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at 900 Church Street, Copeland, Florida, as shown in Exhibit 'A' which is attached and made a part of this Lease, hereinafter referred to as the "Demised Premises", for the sole purpose of developing and operating a neighborhood playground. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term beginning September 15, 2001 and ending September 14, 2002. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for one (1) additional year under the terms and conditions as provided herein, by giving xx ritten notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expirations of tile leasehold estate hereby created. Said notice period shall commence upon placement of thc x~ ritten notice in an official depositor5' of the United States Post Office, Registered or Certified Mail, P,-~sta~e Prepaid. Eoth LESSEE and LESSOR reserve th~ right to te,m,inate this Lease, with or without cause, upon one (1) year prior written notice of such temfination to either party at the address set forth in ARTICLE 12 of this Lease.. Said notice period shall become effective upon receipt of the written notice by the other parly. ARTICLE 3. Rent LESSOR and LESSEE hereby agree that no rent shall be paid or colleted for the utilization of the Demised Premises. ARTICLE 4. Other Expenses and Char~es LESSEE shall pay all costs associated with the construction, maintenance and operating expenses associated with tile approved use. ARTICLE 5. M'odifications 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 written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along xvith the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) 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 thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. Said changes, alterations, additions or improvements to tile Demised Premises shall, when made or installed, be deemed as property of the 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 obsep,'e 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 an)' and all=oovemmental agencies. Within thirty (30) days from the termination of this Lease or any renewal term thereof, LESSEE shall remove any and all additions, improvements, alterations and installations which were placed in, on or upon the Demised Premises by LESSEE and repair any damage occasioned to the Demised Premises by such removal of same. Said removals and repairs shall be made at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Promises or any part thereof to be used or occupied for any purpose contrao' to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the fight after reasonable 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 the provisions of this Lease Agreement. ARTICLE 7. Assio_nment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the wfitten 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 8. Insurance The LESSEE will at all times carry comp,'ehensive general liability insurance in an amount not less than the sum of $1,000,00.00 single occurrence, $1,000,000.00 aggregate. The cost of ail such premiums on all such policies shall be paid and borne by the LESSEE, and the certificate of such insurance thereof shall be filed with the LESSOR. ARTICLE 9. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If the Demised Premises is not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in wdtinm If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause ~'he 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 10. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 11. Default by Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days ~'"~-- A'~e n ~'-~ (or such additional time as is reasonably required to correct such default) after notice to LESSOR by da ~ t/~r,: LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 12. 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: LESSOR: Board of County Commissioners Copeland Baptist Mission c/o Real Property Mgmt. Dept. 900 Church Street 3301 Tamiami Trail East Copcland, Florida 34137 Administration Building Naples, Florida 34112 Attention: Pastor cc: Office of the County Attorney Parks and Recreation Director ARTICLE 13. 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 as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term o f 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. LESSEE shall remove all improvements and fixtures from the Demised Premises as provided for in Article 5 of this Lease. ARTICLE 14. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occuning 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 unit. ARTICLE 15. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 16. Governin~ Law This [xmse Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATt'EST: DWIGIFF E. BROCK, Clerk BY: BY: , Deputy Clerk JANLES D. CARTER, Ph.D., Chairman AS TO TItE LESSOR: DATED: (~ ?~, ~Oz)~/ COPELAND BAPTIST MISSION BY: ..,.~I.,/JT")-Z~Z~----"~-z¢'""~. Pastor (print name) TRUSTEES OF THE CHURCH: Assistdnt Church CI~// - (print name) (phnt name) Assistant Treasurer (pnnt-n~) Approved as to for~ and legal sufficiency: Assistant Count)' Attorney Exhibit "A" Page 1 of 2 900 Church Street Copeland, Florida Exhibit "A" Page 2 of 2 BROOKINOTON DRIVE .,,~,~ ~ , .... ~ ' .MCBETH WAY ..... ._J EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND JEANNE L. NOE FOR THE SHERIFF'S OFFICE MAINTENANCE FACILITY ON ARNOLD AVENUE. OBJECTIVE: Approval of a Lease Agreement between Collier County and Jeanne L. Noe, Trustee of the James R. Noe II Revocable Trust, for the continued utilization of property currently being leased for the Sheriff's Office Maintenance Facility on Arnold Avenue. CONSIDERATIONS: The Sheriff's Office has been leasing the property at 3535 Arnold Avenue since 1988 for a maintenance garage and fueling facility. The Lease expires on November 29, 2001, and the Sheriff's Office has requested that the Lease be extended. An agreement with the owner has been reached for a one-year lease for $53,500 annually, payable in equal monthly installments of $4,458.33. The County can renew the Lease Agreement for two additional one-year periods with the rent being increased by five percent over the preceding year. The property contains approximately 1.01 acres housing a 5,200 square foot building. The rental for the first year of the Lease equates to $10.29 per square foot for land and improvements, below market rent for similar facilities in the area. In addition to the rent, the County is responsible for payment of all utility charges and real estate taxes. FISCAL IMPACT: The annual rent of Fifty-Three Thousand Five Hundred Dollars ($53,500) to be paid in equal monthly installments of Four Thousand Four Hundred Fifty-Eight Dotlars and 33/100 Cents ($4,458.33) and all utility charges and real estate taxes shall be withdrawn from the General Fund. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Lease Agreement with Jeanne L. Noe and authorize its Chairman to execute same on behalf of the Commission. SUBMITTED B,Y.~'~..~_.4..,,C._~Z.~E-- ~ CL~,.~... DATE: ~Michael H. Dowling, PropeAy ~an~ement Specialist Real Propedy Managemen[ DeCa~ment REVIEWED~Y:---~ [~ , ..... f1~:!~--~' DATE: T°~iA~ B~t, Su~e~iso~ ~ ~ ~ Real PropeAy Management Depadment EXECUTIVE SUMMARY Sheriff's Office Maintenance Facility Page 2 Charles E. Ca'rrington, Jr., ~/WA, ~irector DATE: Real Property Management Department REVIEWED BY: ~'~ \~-~*,/k,.t~_~ ~-~t DATE: /~1~{ GarY'"'( 5~ng,'"'/:~'m~nistrative Assistant Sheriff' ~ Office) ..) '"" Don Hunter,~Sh(Criff, Collier County /~.1-~, APPROVED BY:Jo-Anne Varcoe-Leamer, Administrator DATE: ,/>,/ Administrative Services Division Lease #733 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this I ~ day between Jeanne L. Noe, as Trustee of the James R. Noe II Revocable Trlist whose mailing address is 2061 Wasatch Drive, Sarasota, Florida 34235, 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 cons:,deration, thc parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at 3535 Arnold Avenue, Naples, Florida, hereinafter referred to as the "Demised Premises", for thc sole purpose of operating a maintenance garage and fueling facility for vehicles used by the Sheriff's Office. LESSEE covenants and agrees not to use, occupy, suffer or pen'nit said Demiscd Premises or any part thereof to be used or occupied for an5' purpose contrary to law or the rules or regulations of an)' public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of one (1) .','ear, commencing on November 29, 2001 and ending November 28, 2002. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to automatically renew this Lease for an additional two (2) years, under the terms and conditions as provided herein. LESSEE, however, reserves the fight to terminate this Lease, with or without cause, following thc first full year of occupancy, bb' providing sixty (60) days prior wfitten 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 Fifty-three Thousand Five Hundred Dollars and No Cents (S53,500.00) per annum in equal monthly installments of Four Thousand Four Hundred Fifty-eight Dollars and 33/100 Cents each. Ail rental payments shall be due payable in advance on the first day of ever3,' calendar month during the term hereof. If the terms of this Lease shalI commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (I/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, thc rent set forth in ARTICLE 3 shall be increased annually by five (5) percent. ARTICLE 5. Other Expenses and Charges LESSEE shall pay all janitorial services and utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, sewer and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. { AGENO.k I'I-EMT No ,',/. -,, 7- NOV i 3 2001 LESSEE shall pay all real property taxes and assessments le`,'icd during the term hereof by the Count,',, and municipality upon the Demised Premises. LESSEE agrees that inasmuch as real estate taxes and assessments are not generally available until the month of November, upon notification of LESSOR and copy of tax bill, LESSEE shall make payment directly to the appropriate taxing authority. LESSOR shall make the tax invoice available to LESSEE as soon as possiblc so that LESSEE may take advantage of the first tax discount period concerning the taxes due. ART1CLE 6. Modifications to Demised Premises Prior to making an)' changes, alterations, additions or improvements to the Demised Premises, LESSEE will pro`,idc to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying 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 ',,,'ill then have sixty (60) days within which to approve or den)',' 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 silcnce 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, .'~dditions or improvements to thc 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. Ail alterations, improvements, and additions to said Demised Premises shall at once, `,xhen made or installed, be deemed as attached to the freehold and to ha`,'e 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, im'provements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and widch 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 ha`,'e the fight 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. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the ,.,,'hole 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 an)' 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 tl~e extent legally possible, the parties ',','ill continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to accoun! for their change in legal position vis-~,-vis. ARTICLE 10. 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 thc 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 rant which shall be paid b> 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 by LESSOR LESSOR shall in no event be charged with default in the performance of any' of its obligations 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 m writing to the other party at thc following addresses: LESSEE: LESSOR: Board of County Commissioners Mrs. James R. Noe c/o Real Property Mgmt. Dept. 2061 Wasatch Drive 3301 Tamiami Trail East Sarasota, Florida 34235 Administration Building Naples, Florida 34112 cc: Office of the County Attorney Sheriff's Office 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 xvear and tear and damage by fire or the elements beyond LESSEE'S control excepted. 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 LESSOR 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 LESSEE. [ UO¥ 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. ~Governin~ Law This Lease Agreement shall be governed and construed in accordance with the laws of thc State of Florida. IN WITNESS \\'HEREOF, thc parties hereto have hereunder set forth their hands and seals. AS TO TttE LESSEE: BOARD OF COUNTY COMMISSIONERS, DATED:_ COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk PLEASE S O r~ BY: BY' ~' ~ , Deputy Clerk JAMES D. CARTER, Ph.D., Chairman AS TO TIlE LFSSOR: DATED:~f'-') / ' ~v.~ Psevocable Trust print name W~N~SS (s~nature) print name Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney ! ~G£tlO~ ITt- [ , NOV 13 2001 EXECUTIVE SUMMARY APPROVE AMERICAN LAFRANCE MEDICMASTER CORPORATION AS THE VENDOR TO REFURBISH AMBULANCES TO MEET NEW STATE AMBIENT AIR AND DRUG TEMPERATURE CONTROL REQUIREMENTS, ADD SAFETY AND PATIENT COMFORT FEATURES, AND PERFORM PAINT AND BODY WORK. OBJECTIVE: Obtain Board approval for American LaFrance MedicMaster Corporation as the vendor to refurbish ambulances to meet new State ambient air and drug temperature control requirements, add safety and patient comfort features, an perform paint and body work. CONSIDERATIONS: New State regulations require ambulances to have continuously controlled ambient air temperature for the patient compartmentand temperature controlled compartments for drugs and medications. All ambulances must be in compliance by January 31, 2003. Collier County EMS has 14 ambulances that must be refurbished to meet these new requirements. Seven of the ambulances are planned for refurbishment in FY 2002 and seven in FY 2003. Several other safety and patient comfort enhancements, and paint & body work, will be accomplished during the required refurbishment work. Each ambulance manufacturer has different box structures, wiring and auxiliary power systems, air conditioning systems, equipment, and repair parts, than other manufacturers. Particularly significant, the electrical wiring systems of the various ambulance companies are all unique and all very complex. All of Collier County's 26 ambulances were purchased from MedicMaster since 1995. The technical peculiarities of these ambulances make it imperative that the refurbishment and enhancements be performed by the manufacturer, American LaFrance MedicMaster. Only MedicMaster will have the structural and technical specifications and technical expertise immediately available to execute the necessary modifications to bring the ambulances into compliance with State standards and to perform the other desired safety and operational enhancements. FISCAL IMPACT: $280,000 ($40,000 for each ambulance) is budgeted in Fund 522, Motor Pool Capital Recovery, for refurbishment of seven ambulances in FY 2002. An estimated $280,000 will also be budgeted from the same fund for the remaining seven ambulances in FY 2003. GROWTH MANAGEMENT IMPACT: There will be no growth management impact. RECOMMENDATION: That the Board approve American LaFrance Medicmaster Corporation as the vendor to perform ambulance refurbishments and enhancements as stated above. SUBMITTED BY: 7, /.,K..;,,../~'/~//'."~~''-'-- Date: Da'ri' Croft, Fleet Management Director f ,, NOV ! 3 2001 Steve' da~:n~ll,,~urch~sing 'Director REVIEWED BY: o;..// /x .. Date: /',:' /'/',',/' Jeff Pag..e',/EFnsrgen'cy'Medical Services Operations Director REVIEWED BY: ~~ Date: Thomas Storrar, Emergency Services Administrator APPROVED BY: ~,"'r~J)~., (-~ .. ¢ f."' ;j- Date: Jo-~n~'e'-~Arcoe-'feamer, Adr:ninistrative Services Administrator EXECUTIVE SUMMARY APPROVE PURCHASE Of FIVE (5) MEDIUM-DUTY ADVANCED LiFE SUFPORT "MEDICMASTER" AMBULANCES FROM AMERICAN LAFRANCE CORPORATION USING FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES BID 01-09-0905, AND APPROVE BUDGET AMENDMENT TO COVER PRICE INCREASE OF AMBULANCES. OBJECTIVE: Obtain Board of County Commissioners approval to purchase five (5) medium-duty advanced lite support "MedicMaster" ambulances from American LaFrance Corporation using Florida Sheriffs Association & Florida Association of Counties Bid 01-09-0905: Pursuit, Administrative Non-Pursuit, Utility, Fire & Rescue Vehicles. Trucks. & Vans. Obtain approval t'or a budget amendment to increase appropriations for ambulance purchases. CONSIDERATION: Section XIlI B of the Collier County Purchasing Poticv allows thc County to .join with other units of goxwnment in cooperatixe purchasing ventures. The Florida Shefittk Association & Florida Association of Count/es conducts an annual statewide vehicle bid which is open to ali units of Florida local governments and political subdivisions. For the last two years. American LaFrancc MedicMastcr ambulances been on the contract. Collier County purchased an ambulance fkom this contract last fiscal year. Five ambulances were budgeted fbr replacement this year. The cost of the ambulances were projected at S130,000.00 each. The actual purchase price is quoted at S137.(-)13.00 which includes additions to meet new State regulations tk)r continuously controlled ambient air temperature and temperature controlIed compartments tbr drugs and medications. Funds are available in Fund 522, Motor Pool Capital Recover' Resea'es to cover the price increase. Each ambulance manufacturer has diflkrent box stntctures, wiring, air conditioning systems, equipment, and repair parts. Of the 26 ambulances in the Collier County Fleet. all were purchased lkom American LaFrance MedicMaster since 1995. The quality. per~bnnance, and dependability of these ambulances have been excellent. Maintenance and upkeep have been t:airly simple. Ail Fleet Management automotive technicians have been trained on repair and maintenance of MedicMaster ambulances, and a standard repair stockage has been established. Product support tkom American LaFrance has been above axerage. Additionally, the structure and other satkty items have been judged superior to products of other ambulance companies su~'eyed by the Collier County staftl Considering these thctors, standardizing the County's fleet with MedicMaster ambulances is considered in the best interest of Collier County both operationally and econo~nically. NOV t 3 2001 FISCAL IMPACT: Five ambulances will be purchased from Fund 522, Motor Pool Capital Recovery, at a cost of $685,065.00. $35,065 of this amount -is not budgeted, and must be appropriated from Motor Pool Reserves. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. RECOMMENDATION: That the Board approve purchase of five (5) MedicMaster ambulances from American LaFrance Corporation through the Florida Sheriffs Association & Florida Association of Counties Bid 01-09-0905, and approve a budget amendment to increase appropriations as stated above. i ~ ' "~ D,rec SUBMITTED BY: '/~ 3~" ' 2 ' ' ' / REVIEWED BY: ~Z'g,;, '~t., ~v~Y Date: ' -~t~x~ ~n~eli;~ Purchasing Director ' REVIEWED BY: ~ " /, ,, //.r,- Date: Jeff Page, Emc[g6nc~ Medical ~Services Operations Director :EVIEWED : Date: nN/O T ~o~ - encv 'ices Administrator A?~OVED BY: ~. ~ .':~ ~! '0E Date: Jo-Anne Varcoc-L~ame~, Administrative Se~'ices Adnfin~strator No. /7' - ?' ~-~"~ NOV 1 3 2001 EXECUTIVE SUMMARY AWARD OF RFP 01-3267 FOR COMPLETE SIGNAGE SERVICES FOR COLLIER COUNTY, COVERING OUTDOOR BUILDING/PARK SIGNS, SPECIAL EVENT BANNERS, INDOOR/OUTDOOR PLAQUES, DOOR SIGNS AND MISCELLANEOUS SANDBLASTED SIGNS, Obiective: To contract with multiple firms in order to provide complete signage services for all County Departments to use as needed. Considerations: Collier County spends in excess of $100,000 per year for a wide variety of signage. These signs include, but are not limited to, outdoor signs for various buildings and parks, banners for special events, indoor and outdoor plaques and door signs, and miscellaneous sandblasted signs. In the past, using departments have always had to obtain quotes from various sign vendors to purchase these items. This process often proved inefficient and did not provide many opportunities to leverage or achieve any economies of scale. Hence, Requests for Proposals (RFP) were solicited by the Purchasing Department on August 28, 2001. Notices of the RFP invitation were sent to 24 firms. A total of 9 firms requested the full RFP package, and 4 firms submitted proposals by the deadline date of September 21,2001. A Selection Committee approved by the County Manager met on October 10, 2001 to review, discuss and rank the proposals received. By consensus, the Selection Committee wishes to recommend contracting with 3 of the responding proposers, (one firm's proposal being non- compliant and therefore eliminated from consideration) in order to have a variety of firms available to produce signs. The firms are as follows: Signcraft of Naples, Inc. Sign-A-Rama, Inc. Lykins Signtek & Developmental Specialties, Inc. Growth Manaqement Impact: This will not affect~the Growth Management Impact. Fiscal Impact: Funds are appropriated in the operating budgets of the using departments for the purchase of signs in FY 2001/2002. Recommendation: That the Board of County Commissioners award RFP #01-3267 "Signage for Collier County" to Signcraft of Naples, Inc., Sign-A-Rama, Inc., and Lykins Signtek in the manner specified herein. Prepared by: ~-'~x-/--~<'' ~--L'? '~-.~~¢~ Date /[-:~¢".// Fred E. Blatchley Purchasing Agent Reviewed and Approved by: Stephen Y. CarneII, Purchasing/General Services Director/ Reviewed and Approved by: ' Date /- 7 ~ 5' / Jo-Anne Varcoe-Leamer, Administrative Services Administrator NOV 1 3 2001 AP?ROVE AMENDMENT #1 TO CONTraCT 00-303g - DSS,<STER F.ECOVERY SERVICES OBJECTP~;E: To update pricing in the current contract. CONSIDERATIONS: 1. On August 8, 2000, the Board awarded Contract 00-3038 - Disaster Recovepj Services to Phillips & Jordan, Inc. 2. Staff has been advised that one of the conditions of FEMA reimbursement requires agencies to pay unit prices including combined equipment and labor rates rather than straight hourly rates f~r labor and equipment separately to a recove~ contractor a~er the first seven (7) days. Phillips & Jordan has provided unit pdces fbr disaster recovep.' be amended into the cu~ent contract as "Appendix C". a copy of which is attad:ed to the addendmn. 3. Staff has detem~ined that no rates were established in the contract for site reclamation. Staff recommends amending the contrac~ ~o include the statement, "Pricing for site reclamation shall be ne~,otiated on a case bv case basis." F[SCAL 151PACT: There is no fiscal impact connected with this contract amendment. GROXVTH MANAGEMENT IMPACT: There is no growth management impact as a result of this contract amendment. RECOMMENDATION: ~at the Board approve Amendment ~1 to Contract 00-3038 Disaster Recoveo' SeD'ices to update contract pricing. SUBMITTED aY: '-"~/q, ,/)'7 //' .'~:¢--8,L DATE' // - Ly2'7~[.'/W~od,'Purchasi~-Agent RE, IE~kTDBY: ~~,,~ ~ ~[,~/ DATE: gte~n 2. ~urchasing'Director APPROVED BY: ~'G DATE: Jo-A~e Varcoe Learner, Administrative Se~4ces Administrator AGENDA ITEMI No../~--~- - ',5 NOV ! 3 2001 Contract Amendment #1 00-3038 - "Disaster Recovery Ser~'ices' This amendment, dated 74ovember 13,200l to the re;erenced agreement shall be bv and between the parties to the original agreement, Phillips & Jordan, Inc., (to be referred to as "Cont:-nctor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding To add lump sum pricing for hurricane debris removal, reduction and disposal (See Appendix C attached) to accommodate FEMA policies on reimbursement, and to provide for negotiated pricing for site reclamation on a case by case basis, which was not addressed in the original contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and tile County have each. respectively, by an authorized person or agent, hereunder set their hands and seals on tile date(s) indicated below. CONTP~\CTOR ATTEST: PHILLIPS & JORDAN, INC. Corporate Secretary. \\'itness By: By: Dated: Title: Dated: CORPOtL~.TE SEAL ATTEST: O\VNER: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: Approved as to form and Legal sufficiency: Robert Zachary Assistant County Attorney Fee Schedule Appendix C Hurricane Disaster Debris Removal. Reduction, Disposal Contract No. 00-3038 Part A I Item/Description Unit Unit Prics q .01FuD!ic Property and Right of Way Pick-up & Hauling to a aesigllat~u Ird:ilpUldly ~ull~ IVi~,~¥~U~L Facility 5.0 ,_,, less I CY I S 9.75 1 Jmi!es away (one-way miles). I (miles in excess of 5.0 compensated at the rate quoted in Item 2.0 1 2.01Public property, right-of-way hauling to a Temporary Debris Management Site or designated landfill size (based on one way miles) Yard-Miles S 0.13 3.01Temporary Debris Management Site operation, debris acceptance, pile management, & material loading for transport CY S 1.73 4.0 Processing of debris through grinding and/or chipping Hour See Part B 5.0 Volume reduction through air curtain incineration or open burning. Hour See Part B 6.0 Temporary Debris Management Site to designated lanfill site hauling (based on one way miles) ' minimum 30 CY payloads 'minimum 60 CY payloads Yard-Miles Contractor is responsible for providing sufficient capacity equipment 0-15 miles* S. 15 to meet the above minimums. The Authority will only par for actual 15-60 mi.* $.11 volume of debris transported. 61-120+ mi. S.10 Unit Prices Unit Prices include all labor (operators, laborers,supervisors) and materials necessary to complete the project, including but not limited to: wages, benefits, insurance, safety equipment, parts, supplies. equipment maintenance, repairs, fuels, lubricants, cellular phones, housing, transportation, mobilization, and demobilization. Yard-Miles A Yard-Mile is defined as the volume of waste in the truck/trailer times the one-way mileage to the destination. The distance will be measured road miles based on odometer readings noted on the load ticket and verified by an Authority representative. If the one way distance from the pickup point to the Temporary Debris Management Site is greater than five miles, Contractor will be compensated based on the following formula: (Estimated yards in truck x Bid Rate per Yard (Item 1.0))plus (Estimated yards in truck x (One way miles minus 5.0) x Bid Rate per Yard-Mile (Item 2.0) - _%. NOV 1 3 2001 pg. .~.-' FEE SCHEDULE PART B- HOURLY PRICES APPENDIX C FOR DEBRIS MANAGEMANT SITE SET-UP AND CLOSURE AND DEBRIS CLEARANCE FOR ACCESS- OPTIONAL USE BY COUNTY AND OTHER GOVERNMENTAL ENTITIES EQUIPMENT AND LABOR RATES EQUIPMENT TYPE HOURLY HOURLY TOTAL EQUIPMENT RATE LABOR RATE HOURLY RATE BOBCAT LOADER 22.15 3?.85 60.00 CREW FOREMAN W/CELL PHONE 15.00 39.00 54.00 AND PICKUP DOZER. TRACKED, D5 OR SIMILAR 40.15 37.85 78.00 DOZER, TRACKED, D6 OR SIMILAR 57.15 37.85 95.00 DOZER, TRACKED. D7 OR SIMILAR 64.15 37.85 102.00 DOZER. TRACKED. D8 OR SIMILAR [ 82.15 37.85 120.00 DUNLP TRUCK, 18 CY-20 CY ] 27.15 37.85 65.00 DUMPTRUCK. 21CY-30CY [ 37.15 37.85 75.00 GENERATOR AND LIGHTING 18.00 ~ -- ~ 18.'~'~ GRADER W/12' BLADE 47.15 37.85 85.00 HYDRAULIC EXCAVATOR, 1.5 CY 57.15 37.85 95.00 HYDRAULIC EXCAVATOR, 2.5 CY 77.15 37.85 115.00 KNUCKLEBOOM LOADER 97.15 37.85 135.00 LABORER IV/CHAIN SAW -- 40.00 40.00 LABORER W/SMALL TOOL, TRAFFIC -- 27.00 27.00 CONTROL, FLAG PERSON LOWBOY TRAILER W/TRACTOR 32.15 37.85 70.00 OPERATIONS MANAGER \V/CELL 15.00 55.00 70.00 PHONE AND PICKUP PICKUP TRUCK, .5 TON 15.00 -- 15.00 SOIL COMPACTOR 81 HP+ 27.00 37.85 64.85 SOIL COMPACTOR TO 80 HP i 23.00 37.85 } 60.85 SOIL COMPACTOR. TOWED UNIT ] 20.00 37.85 } 57.85 TRUCK, FLATBED [ 7.15 37.85 45.00 TUB GRINDER, 800 TO 1,000 HP 437.15 37.85 475.00 WATER TRUCK 37.15 37.85 75.00 \VHEEL LOADER, 2.5 CY, 950 OR 42.15 37.85 80.00 SIMILAR WHEEL LOADER, 3.5-4.0 CY, 966 OR 47.15 37.85 85.00 t SIMILAR \',,'HEEL LOADER, 4.5 CY, 980 OR 52.15 37.85 90.00 i SIMILAR \VHEEL LOADER- BACKHOE, 1.0-1.5 27.15 37.85 [ 65.00 AIR CURTAIN BURNER, SELF 21.65 -- 21.65 CONTAINED SYSTEM BACKHOE-LOADER THUMB AND 21.50 37.85 59.35 [ ATTATCHMENT . EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD OF COUNTY COMMISISONERS TO WAIVE FORMAL COMPETITION AND ALLOW DEPARTMENTS TO PURCHASE BUILDING MATERIALS AND LUMBER. OBJECTIVE: To purchase building materials and lumber in the most cost efficient manner available at this time. CONSIDERATION: County departments purchase building materials and lumber for various repairs and new projects throughout the County. For several years, these goods were obtained locally from the now-defunct Scotty's home improvement store via various County and State contracts. Subsequent to the closing of that store, staff has not been able to locate a local vendor willing or able to meet the County's or State's requirements under an annual agreement. On August 24, 2001 formal bid invitations were distributed to twenty-seven (27) firms that provide these services. No bids were received on the due date of September 12, 2001, possibly due to the interruption of mail service due to the September 11th attacks. For this reason, Purchasing exercised Section VI.D.3 of the Purchasing Policy, which allows staff to negotiate with vendors if no bids are received. One (1) bid was received a couple of days past the due date. Staff contacted two (2) other firms in the Collier County area and received one (1) additional proposal. Each vendor provided a list of prices for building materials and lumber for evaluation purposes, but no discount. Without a discount offered, staff was not able to determine a Iow bidder, since costs for building materials and lumber change continually. Therefore purchases from these vendors would not result in the lowest cost of building materials and lumber obtained. Staff considered re-bidding this contract. But after reviewing the proposals received, talking with various vendors and having considered the volatile nature of the building materials and lumber markets, staff recommends that the Board waive formal competition and allow County departments to purchase building materials and lumber from Collier County vendors by obtaining three quotes. Pursuant to County policy, departments will be required to obtain a Purchase Order prior to ordering these items. As with all such purchases, the Purchasing Department would have the discretion to waive the requirement for competition where necessary or appropriate. The Purchasing Department will continue to monitor the local market place and pursue more competitive actions in the future where appropriate. FISCAL IMPACT: Funds for the purchase of building materials and lumber are within the various County department's budgets. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. EXECUTIVE SUMMARY PAGE TWO RECOMMENDATION' That the Board of County Commissioners waive formal competition and allow County departments to purchase building materials and lumber from Collier County vendors by obtaining three (3) quotes. SUBMITTED BY t1., '~-~.-.~ ,, . _ . ~, Date /(-'t ~-//(.-7t Rhonda L. Tibbetts, Purchasing Agent REVIEWED BY: !,.'~ ,~ J ,. , Date: Stephen' Y. Carrhell Purchasing/General Services Director APPROVED BY: ~-'~Y///"// Date: / ~/.~ ¢~¢ / Jo-Anne Leamer Administrative Services Administrator A ~.NOA ITEH ;,'OV 1 3 2001 EXECUTIVE SUMMARY TO RE-APPROPRIATE $6,350 PREVIOUSLY APPROVED IN FISCAL YEAR 00-01 FROM THE GAC LAND TRUST TO ALLOW THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT TO PURCHASE MISCELLANEOUS EQUIPMENT FOR THE COMMUNITY EMERGENCY RESPONSE TEAM (C.E.R.T.) PROGRAM. OBJECTIVE: To approve a budget amendment that will re-appropriate $6,350 to allow the Golden Gate Fire Control & Rescue District to purchase miscellaneous equipment for the C.E.R.T. Program. CONSIDERATIONS: On May 22, 2001, the Board of County Commissioners approved Agenda Item 16(e)(1) for a budget amendment for $12,500 for the purchase of equipment for the Community Emergency Response Team. Only $6,150 was expended in Fiscal Year 00-01, making it necessary to re-appropriate the remaining $6,350 for the current fiscal year. FISCAL IMPACT: The six thousand three hundred fifty dollars ($6,350) is available in the GAC Trust - Land Sales (Fund 605) Fteserves. GROWTH MANAGEMENT IMPACT: This is consistent with the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment request authorizing the re-appropriation of $6,350 from the GAC Land Trust. SUBMITTEDB.Y: ..... ~' r"~'.~ "- .... /'x "..'-N ' -. :, , , ......... ~- " '-~ ~"'...' DATE: --~' ' Toni A. Mort, Real Pr0p~rty Supervisor Real Property Management Department Ckarles E. Caningtc~n, Jr(, ~;RAN'~,', Director Real Property Managemant Department / APPROVED BY: ~J-~P'~"'"// DATE: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division ~ J,..T~M_ - / EXECUTIVE SUMMARY RECOMMENDATION TO ESTABLISH A TEMPORARY CENTRAL MAIL RECEIVING FACILITY FOR VARIOUS COUNTY AGENCIES. OBJECTIVE: To minimize risk to employees and the general public and to limit disruptions to County operations. CONSIDERATIONS: In light of current world and national events, the safe handling of mail has become a more prominent issue. Both public and private mail handlers are looking to the United States Postal Serivce and various local, state and federal health agencies for guidance in protecting the mail stream and the people who handle it. To date, no actual contamination has been detected in the County mail system, though we have had a few incidents that required inte~,entive and precautionary actions. We continue to seek the best preventative and response-related information availible through the Postal Se~'ice, the Centers for Disease Control and other agencies, which have issued various advisories pertaining to handling mail, identifying suspicious packages and responding to threats. Locally, the Public Health Unit has been providing a great deal of assistance in these matters as well. While a vast amount of infom~ation has been and continues to be circulated, definitive solutions have yet to been implemented or even formally identified nationally. Given all of these considerations, staff fi'om the Board and other constitutional agencies have implmented new procedures for receiving, opening and sorting County mail. Additionally, the County Manager and the elected constitutional oIUcers are recommending the establishment of a "temporary" central mail receiving facility on the main campus. The facility would be housed initally in a trailer located on campus, but separate from other County operations. Staff looked to place the facility in existing space, but was not able to find a location that was both large enough and separate from other cu~ent operations. The trailer would enable the various agencies to receive, sot~ and open their mail before delivering to the proper recipients. Each agency would be responsible for their own mail handling procedures. The initial configuration pe~ains only to the manual processing of mail. Staff would propose to continue investigating various technologies designed to further enhance mail safety. If deemed cost-beneficial, recommendations to acquire and implement these technologies would be brought back to the Board in a separate action. FISCAL IMPACT: The estimated one-lime costs associated with setting up the trailer are approximately S48,000. Recu~ing costs include lease pa3m~ents, electrical,.janitorial and other sen, ices totaling an estimated S1,100 monthly. Based on eleven months of ltl-,=- AGE~OA ~ utilization in the cu~ent fiscal year, a budget amendment of $59,500 from general td ~ - reserves is required. N0VlB 2001 .g./ GROWTH MANAGEMENT IMPACT: There is no impact on the growth inanagement plan resulting from the recommended actions. RECOMMENDATION: That the Board of County Commissioners authorize staffto establish a central mail receiving facility for the BCC agency and authorize the necessary budget amendment to appropriate funds. SUBMITTED BY: ._9~.~?,.~'q L~t L~&c~,i' Date: [t. / Steve Camell, ,/ Purchasing/General Services Director REVIEWED BY: ,j~'}'/Z~' Date: J D/.~/0 ] Jo-Anne Lean'mr, Administrative Sen'ices Administrator EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 4 FOR ARCHITECTURAL SERVICES FOR TIIE DESIGN OF THE EXPANSION AND RENOVATION OF THE NAPLES JAIL CENTER, RFP # 98-2867. OB,JECTIVE: To approve Amendment No. 4 of RFP # 98-2867, for the design of the Naples Jail Center and subsequent demolition and reconstruction of certain critical areas of the Naples Jail Center to AEC National Naples, Florida. CONSIDERATIONS: On January 12, 1999, the Board approved RFP # 98-2867 (Design of the Sheriff's Administrative Facility and the Immokalee and Naples Jail Centers). Since this project consisted of several phases v, ith different funding and construction cycles, a Master Agreement was executed and subsequent separate Amendments issued for the various projects within the Phases. The original Ag~'eement was for construction of the 4th floor of tile Courttnouse. To date, three amendments to the original Agreement have been executed for tile Sheriff's Operations addition; demolition of the old Courthouse; and tile Immokalee Jail renovation and expansion. Amendment No. 4 is for the Naples Jail Renovation and Addition. Negotiations with AEC National for this portion of Ptnase Two resulted in an architectural fee of $1,641,035 which is 6.85% of that project's budget. A summary of the Phases and projects is as follov,'s: Phase One: Construct the 4th flOOr of the Courthouse. This was the the original Agreement to RFP # 98-2867. This Phase has been completed. Phase Two: Design and construct hnmokalee Jail renovation and expansion. This project ,,vas handled through Amendment No. 3. It is cun'ently in the construction phase. Design and construct Naples Jail renovation and addition. This project been budgeted in the current fiscal year and is ready to be designed. Amendment No. 4, the Amendment for whictn Board approval is being sought, will cover this project. Phase Three: Design and construct the Sheriff's Operations addition. This project was handled through Amendment No. 1. It was completed last fiscal year. Demolition of old Courthouse. This project was handled through Amendment No. 2 and has been completed. Design and construct the Sheriff's Administration addition. This project will be handled through a future amendment to the Master Agreement. N o._Z& N 0 V I Pg. / RFP # 98-2867, Addendum No. 4 Page 2 I;'ISCAL IMPACT: Funds in the amount of $I,875,000 have been budget:ed in the Collier County Jail Impact Fee Fund for design of this project. The negotiated fee falls well within the budgeted amount, under project; number 80003. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Con'ectional Facilities Capital Improvement Plan (CFCIP) and County's Master Space Plan. RECOMMENDATIONS: That the Board of County Commissioners approve Amendment No. 4 of RFP ~ 98-2867 to AEC National for the design of the Naples Jail Center and authorize the Chairman to sign an agreement with AEC National after review by the County Attorney's Office. PREPARED BY: ,Jack Crognale, Constffiction ~anager Depmtment of Facilities Management REVIEWED BY: .. '"/ ": ':>: '<':'' "/' "-'? DATE: Skip Camp, CFM, Director Department of Facilities Management Stephe~r~ ~. C&-nelf, Director Purchasing Department Jo-Ann Varcoe-Leamer, CPA Administrator, Administrative Services Division AGENDA IT~d No._Z(._~ _ NOV I3 2001 Pg._ fi EXECUTIVE SUMMARY TO APPROPRIATE $50,000 FROM GENERAL FUND RESERVES FOR PROFESSIONAL LOBBYIST SERVICES. OBJECTIVE: To approve a budget amendment that will appropriate $50,000 for contract professional lobbyist services to ensure that Collier County Government's interests are well represented with the State and other governmental and/or private entities. CONSIDERATIONS: State legislative actions and administrative regulations can have a significant impact on the County's budget and services. Potential State budget reductions may impact the County's share of a variety of State shared revenues which represent approximately $31 million dollars of thc County's General Fund budget. Historically, the County's lobbying activities have been sporadic, decentralized and inforxnally conducted. In consideration of these potential impacts, particularly in these turbulent economic times, a more structured and consistent approach may be in order. Two options exist for formalizing the County's lobbyist activities. One option is to create a new Count.',, position. The other is to contract with a consultant who specializes in this field. Based on a comparative cost analysis of these two approaches, as well as the potential need for immediate assistance given the prospects of all additional special legislative session and the earl5' start of the 2002 regular legislative session, staff recommends that the County contract for professional lobbyist services at this time. It is recommended that the County contract for professional lobbyist services utilizing an existing agreement held by Lee Count)' Government pursuant to the Collier County Purchasing Policy at a cost of $5.000 per month. The following activities will be performed monthly roi' that fee: · Assist the Commission and staff with specific appropriations; the preparation of legislative issues; the filing of legislation; and the prioritization of legislative issues. · Update tile Commission and staff on the progress of legislative issues. · Attend Collier County Delegation meetings and assist in the preparation and presentation of issues before tile Delegation. · Appear on behalf of the County at meetings of the Florida Legislature. the Florida Cabinet and administrative agencies to advocate roi' approved policy directives. · Coordinate with State advocacy groups, including the Florida Association of Counties, in the furtherance of approved policy. · Establish a bill tracking system for bills affecting Counties in general and Collier Count3' in specific. · Provide the Commission and staff advanced notice of bills scheduled to be heard which relate to the County's legislative priorities. · Represent the County on the procurement of funding through direct line item appropriation or the filing and passage of specific legislation. FISCAL IMPACT: The total cost of this service is estimated to be $50,000 based on a lump sum payment of $5,000 per month for 10 months. Tile $50,000 will be transferred from General Fund Reserves to the County Manager's Board Related Costs cost center in the General Fund. GROWTH NIANAGEMENT IMPACT: There is no growth management impact. RECOY, IMENDATION: That the Board of County Commissioners approves the attached budget amendment that will appropriate $50,000 for lobbyist services from General Fund Reserves and authorize staff to secure professional lobbyist services. SUBMITTED BY: 'fl~g~ DATE: Jo-Anne Varcoe-Lealner, Administrator Administrative Services DMsion Leo Ochs, Ass?tan nty Manager / EXECUTIVE SUMMARY APPROVE A PART-TIME CLERICAL POSITION IN THE RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) OBJECTIVE: Create funding for a part-time clerical position in Retired and Senior Volunteer Program (RSVP). CONSIDERATION: Currently the RSVP Project Director handles all recruiting, assigning and scheduling for the program in addition to the administrative (clerical) duties that the process involves. These duties include extensive record maintenance required by the Grant funding for this program. In order to expand the effectiveness of RSVP, the Project Director has requested a part-time clerical position. Filling this position will enable the RSVP Director to better evaluate community needs and programs and the appropriate use of volunteers. It is also the goal of the Project Director to meet with Department Directors to determine where additional volunteers can be utilized within the County structure to perform routine functions in order to enhance efficiency. If volunteers could help with special projects, mass mailings, or routine duties, it would allow employees to devote their productive efforts toward specific departmental goals. This would be done following the guidelines put forth by the program sponsors. RSVP is funded by the Corporation for National Service (CNS) and sponsored locally by the Board of County Commissioners. The BCC will fund this additional part-time position. FISCAL IMPACT: Monies are currently in reserve in the General Fund. We will need to transfer $11,900 from reserves in the General Fund to the Miscellaneous Grants Fund (116). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve a part-time position in the Retired and Senior Volunteer Program and the necessary budget amendments to transfer and appropriate General Fund r. eserves as stated above. ~-~ ~"--~--'~--~:"~"'¢.-/:'~,~, Date: . SUBMITTED BY: S~arorf Downey, Pr~?ject Directo GCary Beauc/hamp, Interim HR Directo~r '. y APPROVED BY: .. Date: .' ' Jo-Anne Leamer, Administrator Administrative Services Division NOV 1 3 2001 EXECUTIVE SUMMARY APPROVAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR TIlE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT OBJECTIVE: Board of County Commissioners approval of the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairman to execute the same. CONSIDERATIONS: Collier County Emergency Medical Services is currently operating under a Certificate of Public Convenience and Necessity. Collier County Ordinance 81-75 requires that Collier County Emergency Medical Services renew their original Certificate of Public Convenience and Necessity each year. In addition, renewals are based on the same standards as the granting of the original certificate. Therefore, the requirements for Board of County Commissioners approval in granting certificates, as set forth in Ordinance 81-75, Section 5, are provided and are specifically, addressed in the attached memorandum. Furthermore, the renewal certificate may be approved routinely' by' the Board of County' Commissioners upon advise of the Administrator. FISCAL IMPACT: Pursuant to Collier County Ordinance No. 81-75, Section (5) (I), an annual renewal fee of $250 is to be paid from Fund 490-144610. Funds have been budgeted for in FY02. GROWTH MANAGEMENT IMPACT: No growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairman to execute the same. SUBMITTED BY: .7!.,/L If...,- Date: t: ! .~,,/6 i Jeff Page; Director of Operations, ' Emerg[ncy Medical Services Department REVIEWED BY: ~.,,ff~~ Date: /////~ / / Thomas Storrar, Administrator E_mergency M_e_dical Services Depa~ment APPRO~DBY:-~'~~7~,/7 Date: (/,- f Tha~as W. Olliff, ¢&u~y Ma'~ger / AGENDA ITEM 13 2001 COLLIER COUNTY FLORIDA EMERGENCY SERVICES PEP,~M2T =.'1 This Permit Expires December 31. 2002 Name of Ser¥ice: Collier County Emero_encv Medical Ser~,ices Name of Owner or _Manager: Collier County Board of County Commissioners Principal Address of Service: '3301 East Tamiami Trail. Naoles. Florida. 34112 Business Telephone: (941'~ 774-8459 Emergency Telephone: 9-1-1 Description of Services .&rea: The 2.032 souare miles encomoassino_ Collier County Number of Ambulances on 24 hour duty: Nineteen (19)ground units. Number of Ambulances on 12 hour duty: One (1) ground unit. Number of rese~;e Awnbulances: Five (5) Number of non-transport ALS engines: Two (2) Number ofmedivac heIicopter: One (1'1 See attachment "A" for description of vehicles. This permit, as provided in Ordinance 81-75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County untit the expiration date hereon,, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the serMce named herein shall faiI to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. Issued and approved this day of ,2001__ ATTEST: BOARD OF COU~'-NTY CONL-M:ISSSION-ERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Clerk Chairman Approved as to form &legai sufficiency: AGENDA ITEM No. //-/= / NOV13 2001 Pg. ,~ ~ :-~-' : ' :~"' ·. '- . ::A -- ~ ~ ~ -- ~ ...... · - .~ .= ~ ~ - / AGENDA ITEM No. /~ ~ / To: Thomas W. Olliff, County Manager From: Jeff Page, Director of Qperations Emergency Medical Services Department Date: October 8, 2001 Subject: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Per CoIlier Counp,' Ordinance Number 81-7S, please accept the following information for renewal cf this required certificate: 1. Collier County Emergency Medical SerMces Department is operated by the County's Board of County Commissioners located at: 3301 East Tamiami Trail, Building F Naples, Florida, 34112 2. Collier County Emergency Medical Services Department provides serx'ice to the 2,032 square miles encompassing Collier County. 3. Collier County Emergency Medical Serx'ices Department has txven_ty-eight (28) licensed patient transport vehicles available. Twenty-five (25) of these are ground transport vehicles. Two (2) ALS Engines (non-transport) and One (1) is a medivac helicopter. Nineteen (19) of' the ground transport vehicles, two (2) ALS engines and the helicopter are staffed 24 hours a day, seven days a week. One (1) ground transport vehicle operates 12 hours a day, seven days a week. The remaining, five (5), ground transport vehicles, are in reserve. (Attachment A) AGENDA ITEM | No. /~. ~ ,/ I NOV 1 3 2001 Emergency Services Division I 4. Collier County Emergency Medical Services Department has one main office and nineteen (19) substations located throughout Collier County at the following locations: Headquarters 3301 East Tamiami Trail Naples, Florida Station #1 835 8th Avenue South Naples.. Florida Station #2 2375 Tower Drive Naples, Florida Station #3 776 Vanderbilt Beach Rd. Naples, Florida Station #4 1280 San Marco Rd. Marco Island, Florida Station #5 4741 Golden Gate PkTvy. Naples, Florida Station #6 & 7 112 South 1~' Street Immokalee, Florida Station #8 2065 Pine Ridge Road Naples, Florida Station #9 11121 East Tamiami Tr. Naples, Florida Station #10 7010 Immokalee Rd. Naples, Florida Station #11 201 Buckner Avenue Everglades City; Florida Station # 12 14756 Immokalee Rd. Naples, Florida Station #14 7227 Isle of' Capri Road Naples, Florida Station #15.# City 2 977 26~h Avenue North Naples, Florida Station #16 16325 Vanderbilt Drive Bonita Springs, Florida Station #17 4741 Golden Gate PkTx?. Naples, Florida Station #18 175 Isle of Capri Blvd. Naples: Florida Station .'--.'19 11121 E. Tamiami Trail Naples, Florida Station #20 3410 Pine Ridge Road Naples, Florida f Collier County Emergency Medical Services Department has been licensed and certified to provide Advanced Life Support ambulance ser¥ice in Collier County since April 6. 1981. 6. Three (3) Collier County, residents to act as references: Robert D. Laird 1756 Courtyard Way, 205-C Naples, Florida 34t 12 Fay R. Biles 1588 Heights Court Marco Island, Florida 34145 Katho'n M. Godfrey 530 18L~ Avenue, N.E. Naples, Florida 34120 7 Collier County Emergency Medical Sen'ices Department schedule of service fees (Attachment B). 8 October 27, 2000 memo from Assistant County Manager stating no further information required. 9 Renewal fee of S250.00 by journal entry of an interfund transfer from Fund 490-144610- 649010 to Fund 490-144610-36900. 10. Collier CounW Emergency Medical Services Department financial statement. Available in Collier County's Finance Department ~PP/bb Attachments AGENDA ITE. M No. /£;~ / Emergency Services D/v/s/on NOV 1 3 2001 pg. j~ Attachment "A" COLLIER COL~-TY ENIERGENCY MEDICAL SERVICES DEPARTMENT PATIENT TRANSPORT X/THC[LES UNIT ~ SERIAL NUMBER YEAR/M,~E/MODEL COLOR SCHEME 1. 1FV3GFBC6SL611711 1995 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 2. 1FV3GFBC4SL611710 1995 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 3. 1FV3GFBC3SL611701 1995 FREIGHTLINER - FL60 ORANGE/WHITE STRIPE .4. 1FV3GFBCOSL611705 1995 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 5. 1FV3GFBCSSL611716 1995 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 6. 1FV3GFBCXTL784973, 1996 FREIGHTLENER- FL60 O1L~kNGE/¥¥HITE STRIPE 7. 1FV3GFBCSTL784972 1996 FREIGHTLLN'ER - FL60 O1L~NGE/¥~"HITE STRIPE 8. 1FV3GFBC9TL599989 1996 FREIGHTLE~ER- FL60 ORANGE/~VHITE STRIPE 9. 1FV3GFBCSTL599990 1996 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 10. 1FV3GFBC1TL784974 1996 FREIGHTLhNER- FL60 O1L4~NGE/WHITE STRIPE 11. 1FV3GFBCXWH899824 1997 FREIGHTLEqER- FL60 OIL~,NGE/¥¥'HITE STRIPE 12. 1FV3GFBC5WH899828 1997 FREIGHTLENER- FL60 ORANGE/WHITE STRIPE 13. 1FV3GFBC1WH899825 1997 FREIGHTLILNER - FL60 OtL4NGE,%¥HITE STRIPE 14. 1FV3GFBCSWH899827 1997 FREIGHTLINER- FL60 ORANGE/~VHITE STRIPE 15. 1FV3GFBC1T1784975 1996 FREIGHTLINER- FL60 ORANGE/WHITE STRIPE 16. 1FV3GFBCZXH970415 1998 FREIGHTLINER- FL60 ORANGE/~VHITE STRIPE 17. 1FV3GFBC9XH970416 1998 FREIGHTLENER- FL60 ORANGE/WHITE STRIPE 8. 1FV3GFBCSXH970414 1998 FREIGHTLINER - FL60 ORANGE/WHITE STRIPE ,9. IFV3GFBCOXH970417 1998 FREIGHTLE~ER- FL60 OILSNGE/~VHITE STRIPE 20. 1FV3GFBC2XH970418 1998 FREIGHTLINER- FL60 OIL-~NGE/WHITE STRIPE 21. 1FV3GFBC3V~:H899826 1997 FREIGHTLINER- FL60 O1L-kNGE/WHITE STRIPE 22. 1FV3GFBC1YHF57183 2000 FREIGHTLIxNER- FL60 OIL3~NGE/¥¥HITE STRIPE 23. 1FV4GFBC3YHF57184 2000 FREIGHTLEh'ER- FL60 OtL~kNGE/WHITE STRIPE 24. 1FV3GFBCSYHF57185 2000 FREIGHTLE~'ER- FL60 OtL~NGE/WHITE STRIPE 25. 1FV3GFBCTYHF57186 2000 FREIGHTLiNER- FL60 OIL~kNGE/~¥HITE STRIPE 26. 4PICT02AS1A001772 ~ 2001 PIERCE PUMPER 27. 46J-PBAA82K1002904 1989 FEDERAL ENGINE 28. N911CK 1999 EUROCOPTER - EC135 WHITE/YELLOW BLUE WHITE STRIPE AGENDA ITEM o /~/-=,.I NOV 13 2001 pg. ~ RE~OLUTION .APPROVING USER FEES FOR COLLIER COUNTY .............. ^M. BUL~.NC, S£RV1CES PUR£UANT TO COLUER COUNTY ORDINANCE NO, a ~ .~-~; ADOPTING ~ILLING AND COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND WA1VE~,~; APPROVING HARDSHIP CASES AND PAYMENT PLAN~; ~UPERSEDiNG RE~OLUTION NO. PROVIDING FOR AN EFFECTIVE DATE. WHERE>,S, the Co',iier Csun~, -~ ~ =_. ~s :ur,~eo ~x..u., ,=:, ~a valorem t~xes and .c=~ f===, and ' and viskors of Cailler Caunc).'; and ~*~HER:~¢ Co,Her Ccunw Ord~r, anca No. 96-56 provides that t~e user fees for ambulance ser,.']ces may be e:abiished by P, esol~t]on of the Scard of rarerr~ to as "the NOW, -"-~::~: 6; iT RESOLVED B'~ .... ~' ~ '~ .... -: -:~- -, c: R'T- INFLATION [NDE( CHARGE C. EMS.KM~UL~NCETF~,N~PORT FEn ~,I~LE - tN CCUNTf TR>,N~PORTS ZkP?ED AT 7 ' '~ -~ - ACTUAL MILEAGE FO,Z OUT OF Z:DL'NW iNTERFAC:L[?( TRA, N~FORT] EFE,Z:AL - ONE ':)MEDiC'NC' VEH','E'.E r ...... ~, , E. CC, P]E~ OF DOCUMENTS.;PE~,~'~',~z C!XCLUDiNC GOVERNMENTAL F. rNTERE% ON PAST D~E >,CCOUNT2 1% SECTION ~VO: BILLING AND COLLECTION PROCEDURE The foijow~n~ ~hail ba the minimum guidelines far bi[lin~ and cdle~icn procedures or foJ~o',vin[ th, ..... ...... ic= pro','fs~cn, as ~er,'fcas dvnami~ reasc, nabiv, ~=,~i: ...... Unpaid ~==' and char~es, subsequent :o t:,me c.f sen:ice, sha~[ Ue reflexed in an ECZDURt~ rez~vabia .... [=a=.: :,=_m ,o b- maintained by ',~ Re,zen,ua ~e~,icas n~ AGENDA IT, EM I No,., /~ ~ / NOV 13 2001 ;a~idpatir.] provider, and ',vi[I wait no ~=~' than 4~ Ca',,~ far ~=',~=-' 2. The Counw ,,vi;', =i~o sen~ a b~[] to ,~,.:e~[ca~d and -~-=~- assignment ,does no[ provide pro,s[ ~i ........... ]= :h~ ' ' ~, ,n ....... ~ .3~ ...... b~il for ~a~v for :avment. The '= .... Sep,'ice~ ,.v~it .,,=n Z0 days for pa~ merit, The foilow[n~ ,.viii oczur ~f p~'fm, ent has -~' been ..... x. ;,~' ~. A ~s: F,,= net[ce v,,[[l be sen~ in accordance with t:e a~ar bili[~[ Medicaid and 30 days a~er b]l~in~ ...... s h~ du~ notice ,.v[!l be sen:. ~ ~=~ a t~n (~0) 4=,,, ?~c~ oer~od, th= account ,,vii] ~ .... ' t3 the Coun?/'s contracted colle~ion agency. C. ~n:ere~t ',','iii be assessed at I% per month an ail acccun~ that are e~ther ~ent to the County's, contused coJJe~on ==.n~t-~= ~ o,' :_.'=~ u~. for a ,oavman~ plan (exc[ud~n[ ha~shlos that adher~ to'~ounm polio,,). D. A reasonable and zustomaF payment plan ',viii ba made available for ail m .......terms and c~nd~tions o~ the Fayment plan, ~ unFaid balance shall b= ' ' '~ .... s ' with de.ion B.3 E. When ambu[an:~ sa-,,ica billfs) at any sta~ in this bii',~r,~ ~nd ~-' = ': - AGENDA ITEM No. /~.,,~ ,/ NOV 13 20ul pg.,, ~' m~er ~ppro~fiae con:~ for biJlinE ~r,d coi~c~en purpese~. ic:ordance with ail ~piicibie laws. G. Throughout the fiscal ,fear, the Revenue c= ,.~=:-. b?- = · sh~[l ail p~ due ~cco~nzs ~n~ rE2o~ to the Board cf County C3 ...... on an annual seels, of ~Jl p~s~ due ~ccounts which zre ~e.~e'/ec ~nd after findin~ that diii[ent effo~s ~z ceile~ion have unsucz~ssfu], remove these past due ~czoun~ from ~ctive aczoun;~ and pursuant to law by Ra~olution. 5E~ION THREE: ADIUSTMENT OE EMS USER The followin~ ;hail =~ minimum ~uideHnes for ~d~ustmeF,;~ to ambuiEnce ;ee~. Other aoiu~[men;~ ~re a ?crUz=~ F'.' tn~ Bo~rd of Couns-,' C .... m ..... ~s:ord~nce with criteria established b7 the e~bHn~ Con[racual acrus[men~" under ,,,e~,c:,e" ;; -- .... :,a~*m¢*,: ......... '.vi;I h= m~de in ac:ordance '.vkh ap~iicab!e rul~s and re~uiaticns. CJn{raczua[ adiustmen[s w[i[ be made in accordance with appiicabie ruies and.e:~,=~.c .... SE~iON FOUR: WAIYER OF EMS USER FEE Pursu~n~ t~ Ordinance No. 96-26. and from the effec:k,e ~ae of this Resolution. :set fee~ for :' ,c ' ' ¢'-- '-~ ..... '-:~ f~r z~ c.:mm:niq,' snail be waived as the Board finds that a ,.'aiid,cubii: .:u~ose. is hereby ~_,=~,,:::--k;:-==~ reco[nidon_ of their ch[r~table contributions to the Communist (1) Co[lier Count,' Fair; ¢'*~,:, E','er[~des Seafood Festival; (3) ~enior. :GA' and (~) Xuveen Mas:em; (5) Collier Csunu,' Pubiic School vErsi:f feotba[l [sines. Fees for other communi~ special e,,,en[s waived ~n accordance with crfteria e[t~biished by the enabling Ordinance. 5E~ION FIVE: HARDSHIP CASES AND PAYMENT %ne Board recognizes, that ¢=¢-'m ..~:= ';,c_ = rec'.men~' ' may need to be [den:ified and processed a~ hardship cases. Payment plans will be eaabli~hed pursueR: [o the minimum ~uideline[ set foah [n this Re[oiudon. A. Hard,hip cases ',vial be established in accordance ,,vkh the 5~ate"s hardship guidelines, as used by HRS-CoiI[er CounW. B. Payment p~ans for hardshia cases ,,viii be set u~ on a momhiy basis, with minimum payment of $70.O0 per month. Hardshis ~ses. placed on a payment plan will AGENDA ITEM No.. /~,,= / NOV I3 200l nat ac:rue interest or be o!aced into coLi~.::ion. Nc:v,';ths;andin] Ion=~, :r,~n two (2~ mcn[ns, .k= .................... =~- .... ' wti', be :urnea ~','=' :3 '~= ~-',=.,,,, .......: ::n.:~=.:' coiiecdon ~en~ ~nd interest ',,vii~ be~in to ~ccru~. SE~ION SiX: OF RESOLUTION 98q19 SUPERSEDED, This Re~oiution sha[I su~e:s~de Resciuticn 5E~[ON SEVEN: EFFE~IVE DATE -' ' _;,:.J~ Cr~ ..... 23, PA~2ED AND DULY ,&DOPTED by the uo~ h,.or~a~, :his ~ ~ d~y of?m,.~ , :000. .': .;,:,...:' .~;.,, . . , . -- ~ '-,,t ~':, . .,'%:, ~ F./ ='/. / /' ~,,, ~, : ~' ~.in~,,~-~1V '.. I, ",'.:. ;-.- Ram[r~ ~kAar~alich,, AGENDA IT,E. M No. /~. ,/~ ~/ NOV 1 3 2001 ME 3'IO RAND UM ATTACHMENT "C" TO: Thomas Olliff, County Manager FROM: Thomas Storrar, Administrator Emergency Serx, ices Division DATE: October 3, 2001 REF: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department .After review of the application to renew this certificate for Collier County Emergency Medical Services Department, no further information is required at 'chis time. AGENDA ITEM No. /¢. ~// ,. NOV 13 2001 EXECUTIVE SUMMARY TO AUTHORIZE THE CHAIRMAN TO SIGN STATE OF FLORIDA EMS MATCHING GRANT APPLICATIONS OBJECTIVE: Request the Board to authorize the Chairman to sign four (4) matching grant applications for submittal to the State Bureau of Emergency Medical Services. CONSIDERATION: The State of Florida established the EMS matching grant program to assist organizations in the improvement and expansion of EMS services. If the grant projects are approved, the State Bureau of Emergency Medical Services will provide seventy-five percent (75%) funding of the total project cost. The grant recipients would provide the remaining twenty-five percent (25%) of the project cost. Submission of a matching grant application in no way obligates the Count,-,' to budget the twenty-five percent grant contribution. If the County chooses not to fund the project, the County's sole obligation would be to den.,,' the grant. Matching grant applications have been written for: purchase of Mobile Data Terminal technology, building a helicopter pad at Cleveland Clinic for Med Flight, Purchasing Automatic External Defibrillators for County buildings, and a grant for Weapons of Mass Destruction equipment, which consists of personal protective equipment and decontamination supplies. FISCAL IMPACT: The total cost of the projects identified above amount to $378,396.95 with grant revenues providing $283,798 and the associated County match of $94,599. (See table beloxv). The Cleveland Clinic has agreed to provide.the $18,750 match required for the helicopter pad. Therefore, the total potential County responsibility is reduced to $75,849. The funding source for the EMS matching grant(s), if selected and approved by the State, would be requested from EMS Fund 490 reserves. Project Grant (75%) Matching (25%) Total Cost Mobile Data Terminal $59,625 $19,875 $79,500 Helicopter Pad $56,250 $18,750 $75,000 Defibrillators $33,750 $11.250 $45,000 Weapons Of Mass $134,173 $44,724 $178,896 Destruction Equipment ~-~ Total S283,798 S94,599 S3: :8,39.-7- -'~--~ GENDA ITEM N~. t/~/~ ~ N0V I 3 200i Pg. / GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: That the Board authorize the Chairman to sign the matching grant applications. Dian'a ~,¥atson, Grant/Research Coordinator REVIEWED BY: [~', DATE: Diane B. F1'a,;o Dircctor of EMS Administration REVIEWED BY: ~ ~~~ DATE: Thomas Storrar, Administrator. Emergency Services AGENDA IT uE.E~ No. ,& .f-' NOVI3 2001 FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES MATCHING GILkNT PROGP~5'I APPLICATION COLLIER COUNTY EMERGENCY MEDICAL SERVICES HELICOPTER LANDING PAD YEAR 2001 AGENDA ITEM, No. /~/¢ ~-,2. NOV , FLORIDA DEPARTMENT OF HEALTH EMS MA TCHING GRANT APPLICATION ~11 .(BEMS lO. Code) Total Grant Arnoun't 1. BCC or EMS Organization : Collier County Board of County Commissioners Authorized Official :James D. Carter, Ph.D. Title Chairman Mailing Address :3301 Tamiami Trail East City :Naples State :Florida Zip :34112-4902 County:Collier Telephone :(941 )774-8597 (SC): Email Address 2. Contact Person :Captain Diana Watson Title :Grants/Research Coordinator Mailing Address :3301 Tamiami Trail East :Buildinq H City :Naples State :Florida Zip :34112-4920 Telephone :( 941 )774-8597 (SC): Email Address :dianawatson@collier,qov.net ,3. Legal Status of EMS Organization (Check only one response). ! (1) [] Private Not For-Profit (attach copy of lRS's 501(c)(3) letter or other legal documentation of th~s status) I (2) [] Private For-Profit (4) [] City/Municipality ~ (3) XFI County (5) [] State 4. Federal Tax ID Number: VF 59-6000558 5. Medical Director I hereby affirm my authority and responsibility for the use of all medical equipment and continuing education in this activity. Medical Director Robert B. Tober. MD FACEP ME 00030891 Date: DH Printed Name and FL Medical License No. Form 1767, Effective Jan.99, Revised Feb.99 AGENDA ITeM NOV 3 20b PROJECT DESCRIPTION AND JUSTIFICATION A 12 POINT FONT rvlUST BE USED OR LEGIBLE HAND PRINTING 6. State Plan' Brief synopsis and relationship to state plan goal, if applic.able. GOAL: DEVELOP AND IMPLEMENT A STRATEGY FOR ENSURING THAT THE EMS RESPONSE TO CALLS IS COORDINATED AND MADE AT THE HIGHEST QUALITY AND MOST APPROPRIATE LEVEL OF CARE. Objective 1 and Obj,ective 2 both are applicable to our grant because providing a helicopter pad at the most recent addition hospital in our area meets our current standard of service response as well as showing flexibility in our destinatiopn response protocol which designates which hospital is the appropriate facility to transport to. 7. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project. Include: (1) all available numerical data, time frames for the data, data source; (2) number of people directly impacted by the grant(s); (3) whether the project will serve single municipality, county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. NEED STATEMENT: (use only the space provided) Recently, Cleveland Clinic built a hospital in Collier County. Clevland Clinic is now one of three hospitals in Collier County. Collier County EMS Medflight has transported only 7 patients to Clevland Clinic from June 2001 to October 2001. This time frame is used because Cleveland Clinic Emergency Department opened in June of 2001. This is a disportionately Iow number, which could be attributed to the lack of a safe landing zone. During the same time 132 patients were transported to Naples Community Hospital, and 17 were transported to North Collier Hospital. Currently, Cleveland Clinic does not have a helicopter landing pad at their emergency department facility. This creates problems for Collier County EMS because there are patients who want to go to Cleveland Clinic because that is where their doctor is. Clevland Clinic is also part of our destination protocol with regards to hazardous material patients. A destination protocol is based upon the capabilities of the hospital and decided by our medical director. Currently, we are able to land at their facility, but it requires permission from the hospital, two security guards to stop traffic, and two security guards to help carry the strecher over the uneven ground. Also there are no lights for night landings, which makes it more dangerous to land after nightfall. We need to have a safe landing area for our helicopter in order to protect the patients as well as our personnel. AGENDA I T~..~ No. /¢ .,,': 2 NOV 13 2001 8. Outcome measurable: Degree to which need will be met or changed. (use only the space provided) With a helicopter pad in place our pilot would not have to deal with the hazardous situation of a ground landing. Helicopter pads afford the pilot the room to maneuver and place the helicopter on a verified safe landing zone. The added safety of lights would make landing at night less hazardous. Also a helicopter pad would enable the crew of the helicopter to transport the patient without the currently needed help of the security guards. 9. Work activities and time frames: Indicate procedure for delivery of project. (use only the space provided) Design and Permitting 2 to 3 months Construction 3 to 4 months AGENDA ITEM No. //./': ~ NOV 13 2001 Pg. ~? 10. BUDGET CATEGORIES APPLICANT STATE TOTAL MATCH FUNDS Expenditures 1. Design Fees $1,250.00 $3,750:00 $5,000.00 2. Construction Costs · Site Work, Grading, Subgrading preparation, $625.00 $1,875.00 $2,500.00 ect. · Concrete Pad(based on 2,500 sf 10" 3,000 psi $6,250.00 $18,750.00 $25,000.00 concrete with 6X6 w 1.4xw 1.4WWM) · Access Sidewalk (assume 50If 6 ft wide 4" S375.00 $1,125.00 $1,500.00 concrete sidewalk) · Paint/Surfacing $625.00 $1,875.00 $2,500.00 · Lighting/Electrical (based on 8 perimeter lighting $2,500.00 $7,500.00 $10,000.00 details & 1 Helipad Wind Cone detail) · Construction Manager's General Conditions & S1,000.00 $3,000.00 $4,000.00 Supervision · Construction Manager's Overhead & Profit S1,125.00 $3,375.00 $4,500.00 3. Permit Fees, Insurances, ect. Allowance S1,250.00 $3,750.00 $5,000.00 4. Contingency $3,750.00 $11,250.00 S15,000.00 TOTAL EXPENDITURES $18,750.00 $56,250.00 $75.000.00 Equipment $ $ $ TOTAL EQUIPMENT COSTS $18,750.00 $56,250.00 $75,000.00 GRAND TOTAL 25 Percent 75 Percent TOTAL AGENDA ITEM No. /¢/¢ ~ NOV 13 2001 Item 11 FLORIDA DEPARTMENT OF HEALTH EMS MA TCHING GRANT PROGRAM REQUEST for ADVANCE PAYMENT (Governmental Agency and Not-for-Profit Entity Only) In accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement, expansion and continuation of prehospital EMS. Remit Payment To: Name of EMS Organization :Coilier County EMS Address :3301 Tamiami Trail East :Buildinq H City :Naples State FL ZIP 34112- Authorized Official Signature Date James D. Carter. Ph.D.. Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Matching Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-'1738 Do not write below this line. For use by BEMS personnel only Matching Grant Amount For State To Pay: $ GrantID. Code:M Approved By ' Signature & Title of BEMS Grant Officer Date State Fiscal Year: - Oraanization Code E.O. Obiect Code 64-25-60-00-000 NZ 7 I Federal Tax ID: VFjj. DH Form 1767P, Effective Jan. 99, Revised Feb.99 AGENDA ITF__~M No. /'~ ,/~ ~ ,. 5 NOV 13 2001 pC ASSURANCES Item 12 PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash flow and activity priorities, the grantee may not receive payment from the state for this activity until several months after announcement of awards. The work activity time frames will b~ adjusted based on the date payment is received, except the ending date of the 9rant will remain as specified in the Notice of Grant Award letter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between the beginning and ending dates of the 9rant and will be used in strict accordance with the content of the application and approved budget for this activity. No costs count towards satisfying a matching requirement of a department grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity durin9 the grant period. ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the "Florida EMS Matching Grant Program Application Manual", and acknowledges this when funds are drawn or otherwise obtained from the grant payment system. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the department and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the 9rantee waives any r:,ght to challenge or protest pursuant to chapter 120, F.S. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of 9rant funds, plus interest. SIGNATURE OF AUTHORIZED OFFICIAL (Individual Identified in Item l) DATE James D. Carter. Ph.D.. Chairman TITLE DH Form 1767A, Effective Jan.99, Revised Feb. 99 ~,- AGENDA ITF__M No. /~./~ ~ NOV 1 3 2001 6 Pg.,, ~ FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM APPLICATION COLLIER COUNTY EMERGENCY MEDICAL SERVICES WEAPONS OF MASS DESTRUCTION EQUIPMENT YEAR 2001 AGENDA ITEM No. /¢.~ ~F--,~. _ NOV 13 2001 FLORIDA DEPARTMENT OF HEALTH EMS IVlA TCHING GRANT APPLICA T/ON ~/1 (BEMS ID. Code) Total Grant Amount 1. BCC or EMS Organization : Collier County Board of County Commissioners Authorized Official :James D. Carter. Ph.D. Title Chairman Mailing Address : 3301 Tamiami Trail East City : Naples State :Florida Zip :34112-4902 County:Collier Telephone :(941 )774-8597 (SC): Email Address 2. Contact Person :Captain Diana Watson Title :Grants/Research Coordinator Mailing Address :3301 Tamiami Trail East :Buildinq H City :Naples State :Florida Zip :34112-4920 --. Telephone :( 941 )774-8597 (SC): Email Address :dianawatson@collierqov. net 3. Legal Status of EMS Organization (Check only one response). (1) [] Private Not For-Profit (attach copy of IRS's 501(c)(3) letter or other legal documentation of this status) (2) [] Private For-Profit (4) [] City/Municipality (3) Xi-!, County (5) [] State 4. Federal Tax ID Number: VF 59-6000558 5. Medical Director I hereby affirm my authority and responsibility for the use of all medical equipment and continuing education in this activity. Medical Director Robert B. Tober. MD FACEP ME 00030891 Date: i© I '~ ~ O~ Printed Name and FL Medical License No. DH Form 1767, Effective Jan.99, Revised Feb.99 AGENDA ITEM No. /~/' F/---- NOV 13 2tM PROJ,-'CT DESCRIPTION AND JUS' IFICATION A 12 POINT FONT MUST BE USED OR LEGIBLE HAND PRINTING 6. State Plan: Brief synopsis and relationship to state plan goal, if applicable. GOAL: FACILITATE THE CONT1NOUS IMPROVEMENT OF THE HEALTH AND SAFETY OF FLORIDA'S EMERGENCY RESPONSE PERSONNEL. This grant meets this challenge by requesting equipment that would allow our EMS service to provide decontamination to victims of Weapons of Mass Destruction, as well as protecting our personnel from those same hazards. 7. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project. Include: (1) all available numerical data, time frames for the data, data source; (2) number of people directly impacted by the grant(s); (3) whether the project will serve single municipality, county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. NEED STATEMENT: (use only the space provided) The Collier County EMS Department provides ALS/BLS response and transport to over 250,000 year-round residents and visitors. Moreover, during the Season our population increases by approximately 33%. We are the only ALS/BLS state licensed provider in Collier County; currently we have 21 ALS ambulances and a helicopter, which cover a call area of 2,032 square miles with 180 personnel. We responded to 34,109 calls from October 1, 2000 to September 31, 2001. In the aftermath of 9/11/01, it became apparent that our personnel needed safety equipment and training in order to be prepared for an incident where weapons of mass destruction have been deployed. Given our geographical proximity to Tampa and Miami, we would be in a position to render mutual aid should one of those metropolitan areas suffer an incident involving weapons of mass destruction. For example, the Federal Bureau of Inveestigation recently relased information indicating that terrorists were in possession of information about the use of crop dusters in Glades County, Florida. Furthermore, Attorney General John Ashcroft continues to warn of the significant probability for future acts of terrorism. Subsequently, our organization feels that there is significant evidence to support the need for equipment to protect our personnel, as well as the public. Since September 11,2001 the Collier County EMS Deparmtent has responded to 37 stand-bys involving a suspicious substance, possibly Anthrax, or hazardous materials incident. Currently, our personnel do not have any means by which to provide fine medical decontamination of contaminated individuals, nor do we have personal protective equipment for our personnel to provide the decontamination or advanced or basic life support for victims who have been exposed to chemical or biological agents. Currently, there is no agency that provides fine medical decontamination for victims. Furthermore, Collier County EMS does not have the safety equipment for our personnel to be present at any incident involving Weapons of Mass Destruction. AGENDA IT ~,'1 2 No. /~- F (7z-''' NOV 1 3 2001 8. Outcome measurable: Degree to which need will be met or changed. (use only the space provided) This equipment would enable our personnel to remain active in any instance that protective equipment would need to be used, by providing Level B protection according to EPA standards. Should there be a situation where Weapons of Mass Destruction are used, our personnel would be able to continue to provide medical care for the sick and injured, as well as fine medical decontamination. Subsequently, the fine medical decontamination equipment requested would allow our personnel to provide fine medical decontamination in any situation involving chemicals or biological agents. 9. Work activities and time frames: Indicate procedure for delivery of project. (use only the space provided) Make unit selection 30 days Request for bids 30 days Purchase product 90 days Train Staff 30 days Put in service 30 days AGENDA ITEM No. /~,z= ~ NOV 1 3 2001 10. BUDGET CATEGORIES APPLICANT STATE TOTAL MATCH FUNDS Expenditures $ $ $ TOTAL EXPENDITURES $ CATEGORIES APPLICANT STATE TOTAL MATCH FUNDS Equipment Binoculars (2) $20.00 S60.00 S80.00 Boot/Shoe covers- vinyl (180) $54.00 $162.00 $216.00 Brushes (20) $15.00 $45.00 $60.00 Chemical/Biological Agent Medical Box (2) S1,053.50 $3,160.50 $4,214.00 Containers, 10-20 gallon (6) $30.00 $90.00 S120.00 Cool Mist Fans (2) $2,500.00 S7,500.00 $10,000.00 Cups (2,000) $12.50 S37.50 $50.00 Decontamination Solutions $12.50 S37.50 $50.00 Drinking Coolers (15) S112.50 S337.50 $450.00 Duct Tape (10) $1.25 $18.75 $25.00 Electric Reels 150 V (2) S115.00 $345.00 S460.00 Electric Reels 220V (2) I, S115.00 $345.00 $460.00 Electrical Adapters i $75.00 S225.00 $300.00 Electrical Cord 150V (2) $87.50 $262.50 $350.00 E!ectrica! Cord 220V (2) $87.50 $262.50 S350.00 Fans (4) $750.00 S2,250.00 $3,000.00 Folding Chairs (6) $18.00 $54.00 $72.00 Folding Strechers (10) S125.00 $375.00 $500.00 Folding Tables (2) , $22.50 $67.50 $90.00 Garden Hose for water supply (8) $30.00 $90.00 $120.00 Gloves Butyl (10) $62.50 $187.50 $250.00 Gloves Nitrile G25G (2 dozen) $49.05 S147.15 $196.20 Generator 5000 watt (1) $504.25 $1,512.75 S2,017.00 GPS Device (1) $25.00 $75.00 S100.00 Hazardous Materials Boots (10) $120.00 $360.00 $480.00 Ice Coolers (10) $47.50 $142.50 $190.00 I-Stat 1 Blood Analysis Kit (1) $1,500.00 $4,500.00 $6,000.00 Laptop Computer (1) $450.00 $1,350.00 $1,800.00 M-8 Detection Kit (5) $6.00 $18.00 $24.00 M-9 Detection Rolls (5) $15.00 S45.00 $60.00 M95 Respirator (180) $8,325.00 $24,975.00 $33,300.00 NBC Compatible Body Bags (200) $500.00 $1,500.00 $2,000.00 NBC Filter CP3N (200) $1,250.00 $3,750.00 S5,000.00 SUB TOTAL EXPENDITURES $18,096.05 $54,288.15 $72,384.20 AGENDA ITEM No. /6/% ~ 4 NOV 13 2001 CATEGORIES APPLICANT I STATE TOTAL MATCHI FUNDS Neoprene Gloves (24) $12.00 $36.00 $48.00 Nozzels (4) $5.00 $15.00 $20.00 02 Octopus (1) $10.00 $30.00 $40.00 Pagers (150) $3,000.00 $9,000.00 $12,000.00 Post Decontamination Gowns (500) $375.00 $1,125.00 $1,500.00 Red Bags (1 case) $5.50 $16.50 $22.00 Reeves 14X20 Rigid Shelter (1) $2,610.25 $7,830.75 $10,441.00 Reeves 4 ft Overhead Lights (4) $210.00 $630.00 $840.00 Reeves 12X17 Lifting Grids (1) $825.00 $2,475.00 $3,300.00 Reeves Containment Berm (1) $550.00 $1,650.00 $2,200.00 Reeves Water Fresh Air Cooler (1) $475.00 $1,425.00 $1,900.00 Reference Library Software (1) S250.00 $750.00 $1,000.00 Self Contained Breathing Apparatus Drager $8,875.00 $26,625.00 $35,500.00 100(10) Self Contained Breathing Apparatus Spare Bottles $1,937.50 $5,812.50 $7,750.00 (10) Self Contained Breathing Apparatus Masks $497.50 $1,492.50 $1,990.00 Drager 100 (10) Scene Tape (25) $143.44 $430.31 $573.75 Soap (2 packages) $1.50 $4.50 $6.00 Sponges (15) $3.75 $11.25 $15.00 Spray Bottles (20) $5.00 $15.00 S20.00 Strecher Bath (10) $100.00 $300.00 $400.00 Tent Small (2) $25.00 $75.00 $100.00 Thermometers (4) $225.00 S675.00 $900.00 Towe!s (200) S50.00 $150.00 S200.00 Trailer Painting and Outfitting (1) $875.00 $2,625.00 S3,500.00 Trash Cans (4) $18.00 $54.00 $72.00 Triage Tarps (10) $325.00 $975.00 ' $1,300.00 Tripod Lights 100W 120V (6) $920.00 S2,758.00 S3,678.00 Tychem BR Level B Suit (180) $2,025.00 $6,075.00 S8,100.00 Tychem Level A Suit $690.00 S2,070.00 $2,760.00 Tychem SL Coveralls (180) S1,395.00 $4,185.00 $5,580.00 Visqueen (3 rolls) $22.50 $67.50 $90.00 Water Manifold (1) $116.25 $348.75 $465.00 Yellow Bags (1 case) $5.50 $16.50 $22.00 Gatoraid (5 cases) $45.00 $135.00 $180.00 SUB TOTAL EXPENDITURES $26,628.19 $79,884.56 $106,512.75 GRAND TOTAL S44.724.24 $134.172.71 S178.896.95 25% 75% Total AGENDA I T,E-~ 5 No. NOV 13 2OOl Item 11 FLORIDA DEPARTMENT OF HEALTH EMS MATCHING GRANT PROGRAM REQUEST for ADVANCE PAYMENT (Governmental Agency and Not-for-Profit Entity Only) In accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement, expansion and continuation of prehospital EMS. Remit Payment To: Name of EMS Organization Collier County EMS Address 3301 Tam/ami Trail East Buildinq H City Nap[es State FL ZIP 34112- Authorized Official Signature Date James D. Carter. Ph.D.. Chairman Type Name and Title Sign and return this page with your application to: F/or/da Department of Health BEMS Matching Grant Program 4052 Bald Cypress Way, Bin C'18 Ta//ahassee, F/or/da 32399-'1738 Do not write below this line. For use by BEMS personnel only Matching Grant Amount For State To Pay: $ Grant ID. Code:M Approved By Signature & Title of BEMS Grant Officer Date State Fiscal Year: - Orqanization Code E.O. Obiect Code 64-25-60-00-000 NZ 7 Federal Tax ID: VF DH Form 1767P, Effective Jan. 99, Revised Feb.99 ,, AGENDA iTEM, No. //- /= ~ NOV 1 3 2001 ASSURANCES Item 12 PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash, flow and activity priorities, the grantee may not receive payment from the state for this activity until several months after announcement of awards. The work activity time frames will be.adjusted based on the date payment is received, except the ending date of the grant will remain as specified in the Notice of Grant Award letter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this activity. No costs count towards satisfying a matching requirement of a department grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity during the ;rant period. ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the "Florida EMS Matching Grant Program Application Manual", and acknowledges this when funds are drawn or otherwise obtained from the grant payment system. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the department and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to challenge or protest pursuant to chapter 120, F.S. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest. SIGNATURE OF AUTHORIZED OFFICIAL (Individual Identified in Item 1) DATE James D. Carter. Ph.D.. Chairman DH Form 1767A, Effective Jan.99, Revised Feb. 99 AGENDA ITEJ~ No. /~ ~ NOV 1 3 2001 FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES MATCHING G1L~NT PROG1L~M APPLICATION COLLIER COUNTY EMERGENCY MEDICAL SERVICES AUTOMATIC EXTERNAL DEFIBRILLATORS YEAR 2001 AGENDA ITE2J No. /C/z ~ NOV 13 2001 /:7 FLORIDA DEPARTMENT OF HEALTH EMS MA TCHING GRANT APPLICATION M (BEMS ID. Code) Total Grant Amount 1. BCC or EMS Organization : Collier County Board of County Commissioners Authorized Official :James D. Carter, Ph.D. Title Chairman Mailing Address : 3301 Tamiami Trail East City :Naples State :Florida Zip :34112-4902 County:Collier Telephone :(941 )774-8597 (SC): Email Address 2. Contact Person :Captain Diana Watson Title :Grants/Research Coordinator Mailing Address :3301 Tamiami Trail East :Buildinq H City :Naples State :Florida .~ Zip :34112-4920 Telephone :( 941 )774-8597 (SC): Email Address :dianawatson@collier.qov. net 3. Legal Status of EMS Organization (Check only one response), (1) [] Private Not For-Profit (attach copy of IRS's 501(c)(3) letter or other legal documentation of this status) (2) [] Private For-Profit (4) [] City/Municipality (3) XFI County (5) [] State 4. Federal Tax ID Number: VF 59-6000558 5. Medical Director I hereby affirm my authority and responsibility for the use of ali medical equipment and continuing education in this activity Medical Director Robe~ B. Tober. MD FAOEP ME00030891 Date: ~rinted ~ame and F~ Medical Ucense ~o. DH Form 1767, Effective Jan.99, Revised Feb.99 - AGENDA No. /~-,~ 1 NOV 13 2001 PROJ:CT DESCRIPTION AND JUS'l ~dlCATION A 12 POINT FONT MUST BE USED OR LEGIBLE HAND PRINTING 6. State Plan: Brief synopsis and relationship to state plan goal, if applicable. Goal: REDUCE THE INCIDENT RATE OF CARDIAC AND STROKE EVENTS AND IMPROVE MORBIDITY AND MORTALITY OUTCOMES WHEN CARDIAC AND STROKE EVENTS OCCUR. Objective 4: By June 2002, educate and implement early defibrillation to the community by making AED's accessible for use by first responders and, ultimately, the public. This grant provides .for education and implementation of the objective by placing AEDs in County buildings that have the most visitors each year. Training will be provided by Collier County EMS for both employees and the public. 7. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project. Include: (1) all available numerical data, time frames for the data, data source; (2) number of people directly impacted by the grant(s); (3) whether the project will serve single municipality, county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. NEED STATEMENT: (use only the space provided) Collier County EMS initiated a public AED program in 1998. This program which includes CPR and AED training has enabled 3,435 lay persons to learn about CPR and AED's. This training includes segments on both cardiac and stroke information. Collier County currently has 237 active AED units, at 136 sites according to our AED data. There is a need to procure AED's for Collier County government buildings, which are frequently visited by the public. The Community AED Act of 2001, which was strongly passed in August is for AEDs in public buildings. It is our goal to provide AEDs to the buildings with the highest risk of cardiac arrest victims. For e:4ample, the Courthouse building averages between 1900 and 2300 people per day according to the security company data. Four of the buildings that will obtain AED's are libraries with a total annual traffic flow of 1,009,000 people per year. The main government office building, which houses local and state executive, as well as Congressman Porter Goss's office, is another that will receive an AED. All buildings that will be receiving AEDs have large groups of the public converging there. The other buildings are the Tax Collectors Department, Elections Department, Immokalee Courthouse, Immokalee Clinic, Purchasing Department, Health Department, Developmental Services Department, Golden Gate Government Center. and the General Services building which houses three different departments. Collier County EMS has an average six-minute response time to the location where the majority of the buildings are. From October 1, 2000 to September 31, 2001 there were fifty-four calls at that location, and 15 calls that'were cardiac in nature. AGENDA ITEJ~ No. /&,/~ ~ 2 NOV 13 2001 8. Outcome measurable:Degree to which need will be met or changed. (use only the space provided) With the purchase of more AED's for Collier County buildings there will be an improved level of care for all visitors to county buildings. AED's increase a patient's chance for survival by 70% according to the American Heart Association. 9. Work activities and time frames: Indicate procedure for delivery of project. (use only the space provided) Make unit selection 30 days Request for bids 30 days Purchase product 45 days Train Staff 90 days Put in service 30 days AGENDA ITEM No. /~ /--' ~ 3 NOV 1 3 2001 10. BUDGET CATEGORIES APPLICAN STATE TOTAL T FUNDS MATCH Expenditures i TOTAL EXPENDITURES Equipment , Automatic External Defibrillators: For 15 buildings Sll,250.00 $33,750.00 $45,000.00 TOTAL EQUIPMENT COSTS $11,250.00 $33,750.00 $45,000 $11,250.00 $33,750.00 $45,000 GRAND TOTAL I 25 Percent I 75 Percent TOTAL AGENDA ITE.~ No. //. ~ ~ 4 NOV 13 2001 Item 11 FLORIDA DEPARTMENT OF HEALTH EMS MATCHING GRANT PROGRAM REQUEST for ADVANCE PAYMENT (Governmental Agency and Not-for-Profit Entity Only) n accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned hereb requests an EMS matching grant distribution (advance payment) for the improvement, expansion and continuation of prehospital EMS. Remit Payment To: Name of EMS Organization :Collier County EMS Address :3301 Tamiami Trail East Buildin.q H City :Naples State FL ZiP 34112- Authorized Official Signature Date James D. Carter, Ph.D., Chairman Type Name and Title Sign and return page your this w/th application to: Florida Department of Health BEMS Matching Grant Program 4052 Bald Cypress Way, Bin Tallahassee, Florida 32399-1738 Do not write below this line. For use by BEMS personnel only Matching Grant Amount For State To Pay: $ Grant ID. Code:M Approved By Signature & Title of BEMS Grant Officer Date State Fiscal Year: Drqanization Code E.O. Obiect Code 64-25-60-00-000 NZ 7 Federal Tax ID: VF DH Form 1767P, Effective Jan. 99, Revised Feb.99 AGENDA ITEM. 5 No. /c~: ~ NOV 13 2001 ASSURANCES Item 12 PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash flow and activity priorities, the grantee may not receive payment from the state for this activity until several months after announcement of awards. The work activity time frames will be. adjusted based on the date payment is received, except the ending date of the grant will remain as specified in the Notice of Grant Award letter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this activity. No costs count towards satisfying a matching requirement of a department'grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity during the 9rant period. ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the "Florida EMS Matching Grant Program Application Manual", and acknowledges this when funds are drawn or other,vise obtained from the grant payment system. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the department and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to challenge or protest pursuant to chapter 120, F.S. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest. SIGNATURE OF AUTHORIZED OFFICIAL (lndividual ldentified in Item 1) DATE James D. Carter. Ph.D.. Chairman TITLE DH Form 1767A, Effective Jan.99, Revised Feb. 99 AGENDA ITJEM ~'~ 0v13 2001/ FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM APPLICATION COLLIER COUNTY EMERGENCY MEDICAL SERVICES MOBILE DATA TERMINALS YEAR 2001 AGENDA IT E 1~4 No. /6/z jZ_ NOV 1 3 2001 FLORIDA DEPARTMENT OF HEALTH EMS MA TCHING GRANT APPLICATION M (BEMS lO. Code) Total Grant Arnoun't 1. BCC or EMS Organization · Collier County Board of County Commissioners Authorized Official 'James D. Carter. Ph.D. Title Chairman Mailing Address ' 3301 Tamiami Trail East City 'Naples State :Florida Zip :34112-4902 County:Collier Telephone :(941 )774-8597 (SC): Email Address 2. Contact Person :Captain Diana Watson Title :Grants/Research Coordinator Mailing Address :3301 Tamiami Trail East :Buildina H City :Naples State :Florida Zip :34112-4920 Telephone :( 941 /774-8597 (SC)' Email Address :dianawatson@collier.qov.net 3. Legal Status of EMS Organization (Check only one response). (1) [] Private Not For-Profit (attach copy of IRS's 501(c;(3) letter or other legat docvmer~tation of this statusl (2) [] Private For-Profit (4) [] City/Municipality ! (3) XE3 County (5) [] State 4. Federal Tax iD Number: VF 59-6000558 5. Medical Director I hereby affirm my authority and responsibifity for the use of all medical equipment and continuing education in this activity. Medical Director RobeA B. Tober. MD FACEP ME 00030891 Date: ~O/~/~ DH Printed Name and FL Medical License No. Form 1767, Effective Jan.99, Revised Feb.99 AGENDA IT~ [ NOV 13 2001 PROJECT DESCRIPTION AND JUSTIFICATION POINT FONT MUST BE USED OR LEGIBLE HAND PRINTING 6. State Plan: Brief synopsis and relationship to state plan goal, if applic, able. GOAL: DEVELOP AN INTEGRATED DATA SYSTEM FOR USE IN RESEARCH AND VALIDATION OF EMS DELIVERY SYSTEMS, INCLUDING EVALUATION OF SERVICE DELIVERY AND PATIENT OUTCOMES. Objective 3: On an ongoing basis, assist medical service providers and other interested FIoridians in obtaining and using quartly trending data, and quality of care and outcome indicators of statewide interest. This grant will provide the data that is requested in Objective 3 by providing quicker access to data and validation of key data elements. Collier County will also be the first county to compile data for State Crash Reports. Goal: DEVELOP AND IMPLEMENT A STRATEGY FOR ENSURING THAT THE EMS RESPONSE TO CALLS IS COORDINATED AND MADE AT THE HIGHEST QUALITY AND MOST APPROPRIATE LEVEL OF CARE. Our grant also meets this goal by providing better mapping techniques and less communication errors which would delay response times. 7. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project. Include: (1) all available numerical data, time frames for the data, data source; (2) number of people directly impacted by the grant(s); (3) whether the project will serve single municipality, cour~ty, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. NEED STATEMENT: (use only the space provided) The Collier County EMS Department provides ALS response and transport to over 250,000 residents and visitors within Collier County. We currently have 21 ALS ambulances, which cover a call area of 2,032 square miles. We responded to 34,109 calls from October 1,2000 to September 30, 2001. We currently have a PC at every station for data collection. This system does not allow for instant access to patient information. There are also prolonged periods when personnel cannot access their PC due to further calls, which delays entry into the system further. Currently, our system uses hand held maps to locate calls, as our area is growing at a rapid rate these maps become quickly outdated, and are unreliable'. Mapping information is currently in the CAD, but unretrievable to the EMS units. On average there are five calls per day, which is 1825 calls per year that are delayed in dispatch due to heavy call volume, or other problems with the dispatch. We are requesting that MDT consoles in our units to reduce communication errors, reduce dispatch times, allow for updated information on patient information, and assist in mapping of call location. With Mobile Data Terminals (MDT) and Cellular Digital Packet Data (CDPD) our medical personnel would be able to access former patient information which would improve patient care by reducing on scene times and providing knowledge of past medical history if the patient had been seen by EMS in the past. MDT has the capability of mapping systems that can be updated frequently to keep up with growth. Furthermore, Collier County EMS is one of the sites that the State of Florida is going to use to provide crash report information in conjunction with local hospitals and law enforcement agencies. By using laptop computers in concurrence with our current network the information needed by the State of Florida will j~ quickly and easily assimilated for the Department of National Highway Safety and Transportation ministration. AGENDA IT~.__~ No. /(./~' 2 - NOV 13 2OUl 8. Outcome measurable: Degree to which need will be met or changed. (use only the space provided) The MDTs with CDPD would provide better mapping capabilities, faster dispatch times, less radio traffic due to continous updates on the MDT, and more accurate patient data collection. 9. Work activities and time frames: Indicate procedure for delivery of proiect. (use only the space provided) Make unit selection 30 days Request for bids 30 days Purchase product 45 days Train Staff 30 da~s Put in service 30 days AGENDA ITE ~.,L, No. /¢ 3 NOV 13 10. BUDGET CATEGORIES APPLICANT STATE TOTAL MATCH FUNDS Expenditures 30 Trip Ticket Mobile Device Software $4,125.00 $12,375.00 $16,500.00 TOTAL EXPENDITURES $4,125.00 $12,375.00 &16,500.00 Equipment 30 Compaq Ipaq Windows CE device with CDPD Sll,250.00 $33,750.00 $45,000.00 interface 30 Keyboards 750.00 2,250.00 3,000.00 CDPD Connectivity for 25 units at $50.00/month 3,750.00 11,250.00 15,000.00 TOTAL EQUIPMENT COSTS $15,750.00 $47,250.00 $63,000.00 $19,875.00 $59,625.00 $79,500.00 GRAND TOTAL TOTAL 25 Percent 75 Percent AGENDA tT EJ~4 No. / c.t.: ,:M'----- 4 NOV 1 3 2001 Item 11 FLORIDA DEPARTMENT OF HEALTH EMS MA TCHING GRANT PRO GRAM REQUEST for ADVANCE PAYMENT (Governmental Agency and Not-for-Profit Entity Only) In accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement, expansion and continuation of prehospital EMS. Remit Payment To: Name of EMS Organization :Collier County EMS Address :3301 Tamiami Trail East :Buildina H City :Naples State FL ZIP 34112 - Authorized Official Signature Date James D. Carter. Ph.D.. Chairman Type Name and Title Sign and return this page with your app/ication to: Florida Department of Health BEMS Matching Grant Program 4052 Bald Cypress Way, Bin C'18 Tallahassee, Florida 32399-'1738 Do not write below this line. For use by BEMS personnel only Matching Grant Amount For State To Pay: $ Grant ID. Code:M Approved By Signature & Title of BEMS Grant Officer Date State Fiscal Year: - Orqanization Code E.O. Object Code 64-25-60-00-000 NZ 7 Federal Tax ID: VF DH Form 1767P, Effective Jan. 99, Revised Feb.99 AGE/NDA;IT~ No. (,,, /'~ ~,- NOV 1 3 2001 ASSURANCES Item 1 2 PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash flow and activity priorities, the grantee may not receive payment from the state for this activity untit several months after announcement of awards. The work activity time frames will be adjusted based on the date payment is received, except the ending date of the grant will remain as specified in the Notice of Grant Award letter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this activity. No costs count towards satisfying a matching requirement of a department grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity during the grant period. ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the "Florida EMS Matching Grant Program Application Manual", and acknowledges this when funds are drawn or otherwise obtained from the grant payment system. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the department and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to challenge or protest pursuant to chapter 120, F.S. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest. SIGNATURE OF AUTHORIZED OFFICIAL (Individual Identified in Item 1) DATE James D. Carter. Ph.D.. Chairman DH Form 1767A, Effective Jan.99, Revised Feb. 99 AGENDA ITF__~ No. /~-/: ~ NOV 13 2001 EXECUTIVE SUMMARY APPROVAL TO PURCHASE A WIRELESS LOCAL AREA NETWORK FOR EMERGENCY MEDICAL SERVICES DISPATCH FROM DTNET, INC. USING STATE OF FLORIDA CONTRACT #250-040-99-1 OBJECTIVE: Board of County Commissioners approval of the purchase of a wireless network infrastructure capable of providing reliable, full-time connectivity to remote stations for the purpose of enhancing emergency services to residents throughout the county. CONSIDE1L, kTION: In our continuing efforts to enhance emergency services to Collier County residents, it has been identified that an enhancement to dispatch services to the remote stations is warranted. "Tear and Run" dispatch will send all the available information gathered by 911 Dispatch to a printer at the EMS site in seconds, thereby giving the emergency personnel accurate and complete information in hard copy form, as well as. providing Command Staff with an added resource to track zone coverage and vehicle availability. In the past. other agencies have made good use of this type of service but were saddled with significant installation costs and prohibitive recurring monthly costs for less service than the system proposed. The system will provide, at a minimum, at least 4 times (,,'er.',' often greater than 16 times) more speed and capacity at less cost than the installation of the current systems being utilized by other agencies, and with no recurring monthly cost. The equipment and services proposed by DTNet are available under a cooperative State of Florida contract agreement. EMS staff reviewed the components and capabilities of various system solutions. DTNet Inc. is a certified Cisco Systems dealer, and most of the system proposed makes use of "count,,,' standard" equipment. There are other Cisco dealers however, certain pans that are unique to DTNet are required to best make use of this tectmology, ,`,`,ill provide the ability to expand the project to include networking to mobile vehicles, as ,,,.'ell as other uses a county-wide mobile network would make possible. In addition, DTNet provided a "real world" test implementation of this technology bv setting up a link between Station 4 (Marco Island) and Station 11 (Everglades City) which at 21- miles is considered to be the toughest and longest link. The test ,`,,'as an enormous success. As future stations are built there will be an additional cost of approximately $3,250 per station for the expansion of this program. No, /(,, - I NOV13 2001 FISCAL IMPACT: Funds in the amount of $90,000 are available in Fund 491 EMS Grants budget with the remaining $35,000 available when the initial payment from the Nextel lease is paid. GROWTtt MANAGEMENT IMPACT: None RECOMMENDATIO, : That the Board of County Commissioners approve the purchase of a wireless local area network to enhance Emergency Medical Services dispatch from D~:et, Inc. pursuant to the terms of State of Florida contract ~250-040- 99-1. .-.- ~~, ~Is-~Cool'dinator REVIEWED BY:~~] ~ , _ Date: (0 -~7-C ~ ~tephcn Carne~ 11, Purchasin~ Director ~ Diane B. ~lagg, EMS Director of Adminiswadon APPROVED BV:'~ ' ' ' ' Date: .~ ... Thomas S1orrar. Emergency Services Administrmor AGE N D 'A""IT F-'M .... No., /,' / NOV13 - DTNet SmartAmpTM 2.4 GHz Version and cable length. The output power level is continuously monitored and maintained intelligently, providing desired performance in all hardware configurations for TDD wireless applications irrespective of installation enviromnent. Major Parameters The SmartAmp, fitted with a low-noise amplifier and unique bi-directional feature, is fully capable of enhancing the coverage of 2.4 GHz radio signals by ampli~'ing both transmitted and received signals. The SmartAmp ensures a seamless RI: link in In wireless applications, when longer operating most installations that suffer from signal loss due range is required, the add-on antenna amplifier to cable length. Its unique all-weather design and DC injector set are often the best solution, enables it to be mast-mounted and to operate in New .Multi-use Amp for Advanced Systems temperature ranges from -20 to 70 C. SmartAmp is a new. bi-directional antenna-mount Only, 2.0 mW input to the amplifier is suf~2cient amplifier designed to match anv advanced spread to deliver 250 mW. For signal input values spectrum system, either direct sequence or greater than 4 dBm the SmartAmp attenuates the frequency hopping, to extend the operating range, signal accordingly and keeps the output at 27 It is provided in a wide range of ±¥equencies, such dBm. Up to 200 mW of power may be safely as 900 MHz, 2400 MHz or 5800 MHz vehere applied directly to the amplifier input without advanced spread spectrum systems are operated, causing any damage. Automatic Gain Adjustment to Maximize Included in the complete set are: Signal Quality 1. SmartAmp No more will you need to measure the input RF 2. DC Injector power at the antenna and manually adjust the gain 3. Universal Power Supply of the amplifier to attain peak system 4. Mounting Hardware performance. The SmartAmp operates in a Time Division Duplex (TDD) mode that allows the The SmartAmp comes with a complete one-year radio device to share the antenna at different time factory warranty on parts and labor. intervals. SmartAmp consists of an intelligen.t algorithm and Automatic Gain Controlled (AGC) circuits to maintain the output power xvhile preventing transmit signal saturation. The input transmit po~ver level is sensed by the radio frequency (RF) sensor and the gain is automatically adjusted to minimize si~al distortion so that the desired signal quality can be assured. Further, the amplifier adjusts to accommodate signal loss incurred by connectors T/Vet "SmartAmp, " GHz Version I Operating Range 2400- 2500 MHz Operating Mode Bi-directional TDD Transmit Output Power +13 dBm (250mW) Transmit Input Power 0 dB mm, 23 dB max Transmit Gain Automatically adjusts up to 26dB Receive Gain 14dB Frequency Flatness + 1.0 dB Noise Figure 3.5dB Lightning Protection Direct DC ground at antenna port DC Surge Protection At 12 V DC input i LED indicators on Amp !Tx: Green, Rx: Red !Operating Temperature 1-40 + 20 C Weight lAmplifier: 8.7 oz; Injector: 6.3 oz Power Supply 12 V DC at 0.7 amp ;RF Connector Type N, Female AGENI~A ITEM NOV 13 ~001 Pg'. ¢ EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND NEXTEL CORPORATION FOR THE INSTALLATION OF A COMMUNICATIONS TOWER AT EMS STATION 17 ON GOLDEN GATE BOULEVARD OBJECTIVE: To secure the Board's approval to enter into a Lease Agreement with Nextel Corporation for the construction of a communications tower at EMS Station 17. CONSIDERATION: Nextel Corporation ("Lessee") is requesting to use approximately 600 square feet of the property encompassing EMS Station 17 on Golden Gate Boulevard for the installation of a 149-foot communications tower. The tov,'er will resemble a flagpole and once constructed, Nextel will transfer title to Collier Count:>'. Nextel ,,','ill be responsible for all costs associated with the construction, installation and maintenance of the tower during the term of the Lease and any extension thereof. In addition to the EMS Department being able to locate its 911 Wireless Data System antenna at the top of the tower, the County xvill be able to generate additional income by leasing the two remaining locations on the tower to other carriers The Lease term will be for 30 years. The rent of $35,000 for the first three >'ears of the Lease will be paid in advance. The rental amount for the 4th through l0th years of the Lease will be $12,000 annually. Rental for the 11th >'ear will be increased to $12,600 and will be increased by five percent annually thereafter throughout the remainder of the Lease. At the expiration of the initial Lease, both parties shall use their best efforts to renegotiate a Lease extension. Pursuant to Florida Statute 125.35, the terms and conditions of the Lease were published in the Naples Daily News. A copy of the Legal Notice and Affidavit of Publication are on file in the Real Property Management Department. The only response to the publication was from Nextel Corporation. FISCAL IMPACT: The rent for the first three (3) years of the lease, in the amount of Thirty-Five Thousand Dollars ($35,000) shall be deposited into EMS Grants. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Ivlanagement Plan. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Nextel Corporation and a Resolution concerning same, and authorize its Chairman to execute all documents at a later date, pending final review by the County Attorney's Office AGENDA ITEM No. /6 ~ ~"' NOV13 2001 Pg.., } EXECUTIVE SUMMARY Lease Agreement Between Collier County and Nextel Corporation Page 2 SUBMITTED By:/~/O~'~Z-~----~- ,"'"¢'~',._-~: DATE: Specialisi Michael H. Dowling, Prope~Y~/lanagement Real Property Management-Department REVIEWED-BY: · DATE: Toni. A. Mott, Sup~'r~is(~r -'- Real Property Management Department REVIEWED BY: (t~~~.~'("J'~44~",'~'-'~)'-DATE: Ch~]rl~s E7 carringt-o~; Jr., S¢/¢7VA, D~rector ....... .R..eal Property Management Department REVIEWED BY: ~ ',, ,'~ ',, DATE: Dian& Flag0, Director EMS Department APPORVED BY:,/-¢ ¢.ZT.-,..~,,.~.,,y,~..~/_~.z.,.cc.c.~,,tt~./ DATE: Thomas Storrar, Administrator Emergency Services Division AGENDA IT .E.__M No. NOV 13 2001 pg. EXECUTIVE SUMMARy APPROVE AN INTERLOCAL AGREEMENT-MOU BETVVEEN COLLIER COUNTY AND THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT OBJECTIVE: Board of Commissioners approval of an Interlocal Agreement - MOU between Collier County and the East Naples Fire Control and Rescue District in accordance with Florida Statute Chapter 401.35. CONSIDERATIONS: On July l, 1993, the State of Florida passed legislation, (Chapter 401.35F.S.) which requires all non-licensed first responder agencies to make all reasonable efforts to enter into a Memorandum of Understanding (MOU) with the local, licensed EMS Provider, in order to coordinate emergency services at an emergency scene. With the execution of the Interlocal Agreement - MOU, the professional standards of basic patient care and equipment, quality assurance and documentation as defined by State of Florida Bureau of Emergency Medical Services and the Collier Count>' EMS Department, as the licensed medical provider, will be achieved. The following fire departments have previously entered into a Memorandum of Understanding with Collier Count>': Ochopee Fire District, Isles of Capri Fire District, North Naples Fire District. Big Corkscrew Island Fire District, City of Naples Police and Emergency Services Department, and City of Marco Island Fire Department. The East Naples Fire Control and Rescue District's Board of Commissioners approved and signed the attached Interlocal Agreement - MOU on October 9th, 2001. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Board of County Commissioners approve the Interlocal Agreement - MOU between Collier County and the East Naples Fire Control and Rescue District. SUBMITTED BY: :,,'?;<~ /r. :~,4 Date: Jeff P~ge}JS?rector/of Operations, EMS APPROVED BY: ~"~ Date: Tom Storrar, Emergency Services Administrator AGENDA ITEM No. /~/~ ~ NOV 13 200 INTERLOCAL AGREEMENT - MOU THIS INTERLOCAL AGREEMENT dated this :'.-".4(,... day of .'./~z..~---~:i-~;., Z:-.-,:' ~ , by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the East Naples Fire Control and Rescue District, created by Special Act of the legislature in the Laws of Florida 65-2032, hereinafter referred to as "Fire District" WITNESSETH: WHEREAS, this Agreement is being entered into between the County and the Fire District for the purpose of establishing dispatch protocols, rules and responsibilities of First Responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Section 401.435, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants provided herein the parties agree as follows: A. DISPATCH PROCEDURE: The Fire District Operates on Collier County Sheriff's Office Control channel, therefore the Fire District shall continue to operate under existin9 Coilier County Sheriff's Office dispatch procedures, also referred to as the Collier County Fire Chiefs Communication Manual. B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a First Responder, an individual employed by the Fire District must (a) successfully complete at a minimum a course that meets or exceeds the 1979 U.S. Department of Transportation First Responder training course, or an Emergency Medical Technician-Basic Course, that meets the U.S, Department of Transportation 1994 Revised EMT-Basic National Standard Curriculum, or as amended. (Proof of course completion is required); and (b) successfully AGEND,~ ITEM No. /¢/-' ~ NOV 13 2001 complete an AHA CPR Basic Life Support for Healthcare Providers, or ARC CPR Basic Life Support for professional rescue. (Proof of course completion is required). C. FIRST RESPONDER RULES AND RESPONSIBILITIES: All First Responders. upon arriving at a scene and deeming that the scene is safe, will begin patient care, if needed, following the guidelines set forth by The Collier County Emergency Medical Services Department Medical Director (the "Medical Director"). If the scene is not safe, the First Responder will retreat to safety and notify other responding emergency units of the unsafe situation. A copy of the guidelines is attached as Exhibit A; Basic Life Support Protocol, or as amended. O. QUALITY ASSURANCE. (NON DISCIPLINARY) 1. A quality assurance program will be conducted by the Collier County Basic Life Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on a monthly basis using the Fire iDistrict run report. Run reports are the responsibility of the Fire District. 2. The Basic Life Support Coordinator will conduct a two-part quality assurance review: a. Individual run report review by Basic Life Support Coordinator or Medical Director. The Medical Director or Basic Life Support Coordinator or Designee shall inform the Fire District or EMCClliaison of any Quality Assurance investigations. b. Field evaluation where the Basic Life Support Coordinator, the Medical Director and/or the Fire District's Emergency Medical Care Coordinator, "EMCC", randomly respond to calls without notice to the Fire District. If a quality assurance review determines that there is a deviation from the procedures and guidelines, attached in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance worksheet in the form of Exhibit B, or as amended AGENDA, ITEM · No. 2 NOV 1 3 2001 3. The quality assurance worksheet classifies quality assurance concerns in the following categories: Level 1: Constitutes a serious breach of protocol and/or has a negative impact on the patient's prognosis. The individual First Responder together with the Basic Life Support Coordinator will review ail Level 1 concerns. The Basic Life Support Coordinator and the Medical Director in conjunction with the Fire District's EMCC shall assure that the individual First Responder receives additional training and education. Level 2: Constitutes a breach of protocol that had minimal, or no impact on the patient, but would be considered poor clinical treatment or decision-making. The individual First Responder together with the Basic Life Support Coordinator will review all Level 2 concerns. The Basic Life Support Coordinator and the Medical Director in conjunction with the Fire District's EMCC will assure that the individual First Responder receive additional training and education Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be considered minor and shall be handled through confidential interdepartmental mail. Level 4: Provides a means for communication between the individual first responder and Basic Life Support Coordinator. E. IN-SERVICE PROGRAM. The in-service program provides face-to-face training for the First Responder. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder. At a minimum, twenty-one (21) in-service classes a year will be offered at the Fire District's Stations. Scheduling of in- 3 AGEND..~ ITEM No. NOV 1 3 2001 pg. /'~ services will be done in conjunction with the Fire District's EMCC. The in-services will follow the DOT/EMT-B first responder curriculum and will contain both didactic and hands-on skill evaluations. The Medical Director will approve one (1) hour of Continuing Educational Units (CEU) per hour of in-service topic. The CEU's can be applied toward the re-certification of an Emergency Medical Technician Basics (EMT-B) certificate. EMT-B's are responsible for attending inservice classes to acquire the minimum 32 CEU's required by the Florida Department of HRS to recertify biannually. Failure to meet this requirement will mean immediate suspension of the EMT-Basic's ability to work under the roles and responsibilities as an EMT-Basic. Actions of this type will involve the Fire District chain of Command. In order to enhance the training program, the Fire District will identify one person to act as the liaison or Emergency Medical Care Coordinator to the Basic Life Support Coordinator and the Medical Director. The liaison or EMCC shall work with the BLS Coordinator to enhance the BLS Program and will assist in teaching per the annual published inservice schedule. F. Automatic External Defibrillator (AED) TRAINING. AED training will be completed yearly through the regularly scheduled in-service program. The AED training will include re-certification of a first responders CPR for Health Care Professionals when necessary,. The Basic Life Support Coordinator will also handle all record keeping and quality assurance. G. DOCUMENTATION. Upon completion of a medical call, the First Responder meeting the necessary qualifications will complete the Fire District run report. Confidential medical information documented by the Fire District's First Responder run report will be handled in a manner consistent with federal and state laws. All basic life support run reports are confidential medical information. The format for written documentation of a patient encounter shall be: chief complaint, age and sex of patient, vital signs and assessment findings, followed by the treatment rendered. The First Responder shall also document AGEND,~, ITEM NOVI3 2001 times and who performed the' procedures. This information shall be provided to the responding EMS crew prior to departure from the scene. H. EQUIPMENT. All basic life support medical equipment, not on the Standardized Equipment List shall receive approval by the Medical Director prior to purchase. This will create a system that provides for the standardization of all basic life support medical equipment throughout the nine area fire districts. The Fire District will equip front-tine response units with Chapter 64E-2, Table Ill, Ground Vehicle and Service Standards; Florida Administrative Code, medical equipment and supplies for non-transport basic life support ground vehicles. t. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES. In the event that Collier County EMS Department is notified of an exposure to infectious disease, EMS shall notify the Training & Safety Officer and /or ElVlCC of the Fire District so they may take appropriate action. Upon notification, the treatment procedures shall be the responsibility of the Fire District. J. FILING: A copy of this Agreement shall be filed with the Department of Health and Rehabilitative Services, Bureau of Emergency Medical Services, 1317 Winewood Boulevard, Tallahassee, Florida, 32399-0700 where it will be retained as part of the Collier County EMS Department License File. K. OTHER AREAS OF AGREEMENT: The Fire District's EMT Paramedics may also participate in any EMS training available to EMS personnel, i.e.: BTLS, ACLS, PALS and monthly ALS Medical Director Inservices. AGENDA,ITEM 5 No. /~. ,'~- ~. NOV 13 2001 Pg. ~P L. AGREEMENT TERM: This interiocai Agreement shall remain in full force and effective from October 1, 2001 and, thereafter, shall be deemed extended year to year upon the same terms and conditions contained herein. M. TERMINATION: The County or Fire District may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination to the other party. N. NOTICE: Notice to the County shall be provided to: The Collier County Emergency Medical Services Department. Notice to the Fire District shall be provided to: The East Naples Fire Control and Rescue District. IN WITNESS WHEREOF, the parties hereto have caused this interlocal Agreement to be executed by their appropriate officials as of the date first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Deputy Clerk BY: BY: ~¢'" //~¢/' ~,(~~ - James D. Carter, Ph.D., Chairman Robert B. Tober, MD ColLier County Medical Director 'iCom Cannon, Chairr'~an East Naples Fire and Rescue District Approved as to form and legal sufficiency ~icqu~'line Hubl~a~-d Robinson, Assistant County Attorney AGENDAITEM N0Vl3 2001 P¢- EXECUTIVE SUMMARY u APPROVE AN INTERLOCAL AGREEMENT BETWEEN NORTH AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICTS AND COLLIER COUNTY FOR THE ACQUISITION OF LAND AND THE CONSTRUCTION AND OPERATION OF A JOINT EMS AND FIRE AND RESCUE FACILITY IN GREY OAKS; AND APPROVE AN EASEMENT AGREEMENT BETWEEN THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, NORTH AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICTS AND COLLIER COUNTY; AND APPROVE A PURCHASE AGREEMENT BETWEEN THE HALSTATT PARTNERSHIP, NORTH AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICTS AND COLLIER COUNTY; AND APPROVE A DONATION AGREEMENT BETWEEN THE HALSTATT PARTNERSHIP AND COLLIER COUNTY. OBJECTIVE: To obtain Board approval for an Interlocal Agreement (Agreement) between North Naples Fire Control and Rescue District (NNFD), East Naples Fire Control and Rescue District (ENFD) and Collier County (County) for the purpose of acquiring a 1.5-acre site and constructing and operating a joint emergency services and fire control and rescue facility, located within the Grey Oaks Planned Unit Development, north of Golden Gate Parkway on Airport Road. In addition, the Board is requested to approve an Easement Agreement between the District School Board of Collier County, NNFD, ENFD and County for the shared usage of the Poinciana Elementary School access roadway; and approve a Purchase Agreement for the County's acquisition of a one-third interest in a 1.5-acre site designated for a joint emergency service and fire control and rescue facility; and approve a Donation Agreement for the County's acquisition of an additional 590+ square foot parcel abutting the joint emergency service and fire control and rescue facility. CONSIDERATION: In accordance with the stipulations contained within the Grey Oaks Planned Unit Development Ordinance No. 2000-46, The Halstatt Partnership (Developer) is required to convey a 1.5-acre site (Site) for use by the North Naples Fire Control and Rescue District, the East Naples Fire Control and Rescue District, together with the Collier County Emergency Medical Services. The Ordinance does not specify a Site location, thereby allowing the Developer to identify a location complementary to the developmental plans of the Grey Oaks Planned Unit Development. The initial Site identified at the onset of the project was a rectangular parcel located at the southwestern corner of the intersection of the Poinciana Elementary School access road and Airport Road. However, during the acquisition process the Developer modified the Site's boundaries to adjust for the future developmental plans of land within the Grey Oaks Planned Unit Development. The modification grants to County an additional 590+ square feet abutting the Site, at no cost to the County, with the provision that, if warranted by the Transportation Division for access management requirements in connection with a commercial tract of the Grey Oaks Planned Unit Development, a 590+ square foot wedge along Airport Road will be utilized for widening the Airport Road right-of-way. The Purchase Agreement and the Donation Agreement are attached hereto. NNFD, ENFD and the Collier County Emergency Medical Services Division are amenable to this change. In preparation of the Site purchase and subsequent development, NNFD, ENFD and County have prepared an Interlocal Agreement to outline the parameters of the land acquisition and AGENDA ITEM No. - NOV 13 2001 Pg. ~_..__._L~~ construction and operation of the proposed facility. Bids for the design and construction will be solicited in accordance with the County's purchasing policy and County will pay its share of the design and construction costs based on its percentage of the building. The specific terms and provisions are contained in the Interlocal Agreement, which is attached hereto. In order to complete the acquisition of this Site, it was necessary for the NNFD, ENFD and County to identify and establish, prior to closing, a mode of accessing the Site. To achieve this access the NNFD, ENFD and County have requested from the District School Board an access easement to provide for the shared usage of the Poinciana Elementary School access roadway. (Due to the Site's limited frontage on Airport Road, location and the adjacent intersection of the School's access roadway and Airport Road, this is the most feasible point of access from a safety and operational standpoint; therefore acquisition of the Site is contingent upon obtaining this access easement.) County and the District School Board have prepared, with the approval of NNFD and ENFD, an Easement Agreement outlining the parameters of the shared usage of the Poinciana Elementary School access area. The District School Board has conditioned its granting of this easement on the provision that the personnel stationed at the joint emergency service and fire control and rescue facility provide a general security over watch and notify the proper law enforcement agency when breaches of security are observed. The specific terms and provisions are contained in the Easement Agreement, which is attached hereto. NNFD, ENFD, County and Developer have established a purchase price of S306,000 for the Site, which is based upon an appraisal of fair market value. NNFD, ENFD and County will each pay $102,000 for a one-third interest in the Site. With the established intent of each entity to purchase a one-third interest in the Site, the Interlocal Agreement provides a buy-out clause, which allows NNFD or ENFD to liquidate their interest to the remaining parties named in the Interlocal Agreement in the event that the presence of both NNFD and ENFD is no longer warranted on the site. Action under this clause, however, must be instituted prior to the notice of intent to award the contract for construction of the facility. (The lnterlocal Agreement contains an "Option to Purchase" clause that addresses liquidation of interests following substantial completion of the construction of the facility.) In light of this fact, all agencies are prepared to conclude the acquisition of the Site and commence with the developmental plans of the emergency service and fire control and rescue facility. (Although this Site is being purchased in fee simple, a reversionary statement exists within the Grey Oaks Planned Unit Development Ordinance. In the event that this Site does not function as a fire and rescue facility for a minimum of 5 years, it will revert back to the Developer.) FISCAL IMPACT: The County's one-third share of the Site's purchase price is $102,000. The County's share of the closing costs, which includes the title commitment and policy, recording fees and the Phase I environmental audit, shall not exceed $1,527. These closing costs and subsequent expenses for development of the Site have been budgeted and will be paid from the EMS Impact Fees (Fund 350) under project #80119 Station 20, Grey Oaks. (Since the architectural design plans will not be prepared until the title has transferred from the Developer, cost sharing calculations for the construction and operation of the facility have not been determined.) In the event that the NNFD or the ENFD wishes to liquidate their interest to the property prior to the notice of intent to award the contract for construction of the facility, the Count,~'s obligation to the buy-out clause will be paid from EMS Impact Fees under project number #8( _~ 9 Sta.t.i.oa~0., Grey Oaks, in an amount not to exceed $51,764 (half of the purchase share and closin~OcE:::~.t~ ITeM NOV 208t GROWTH MANAGEMENT IMPACT: The approval of the purchase of the Site and development of a joint emergency services and fire control and rescue facility is in accordance with the County's Growth Management Plan. RECOMMENDATION' That the Board of County Commissioners: 2. Approve the attached Interlocal Agreement, outlining the parameters of the land acquisition and construction and operation of a joint emergency medical service and fire control and rescue facility; and 3. Authorize the Chairman to execute the attached Interlocal Agreement, on behalf of the Board of County Commissioners; and 4. Approve the attached Purchase Agreement, for the County's acquisition of a one-third interest of the Grey Oaks 1.5-acre site; and 5. Authorize the Chairman to execute the attached Purchase Agreement, on behalf of the Board of County Commissioners; and 6. Approve compensation to The Halstatt Partnership, a Florida General Partnership, in the amount of $101,286 ($102,000 less one-third of the documentary stamp tax) and, if the buy-out clause contained within the Interlocal Agreement is exercised prior to developmental functions, approve and authorize the purchase of either NNFD's or ENFD's interest, in an amount not to exceed $51,764 (half of the purchase share and closing costs); and 7. Authorize staff to prepare related Vouchers and Warrants for payment in accordance with the Purchase Agreement; and 8. Approve the attached Donation Agreement, for the County's acquisition of an additional 590+ square feet abutting the 1.5-acre site; and 9. Authorize the Chairman to execute the attached Donation Agreement, on behalf of the Board of County Commissioners; and 10. Approve the attached Easement Agreement, for the shared usage of the Poinciana Elementary School access area; and 11. Authorize the Chairman to execute the attached Easement Agreernent, on behalf of the Board of County Commissioners; and 12. Authorize the Chairman to execute necessary conveyance and/or release documents, on behalf of the Board of County Commissioners; and 13. Accept all conveyances established under the Interlocal Agreement, Easement Agreement, Purchase Agreement and Donation Agreement; and 14. Authorize staff to proceed with the related real estate closings and to record all pertinent "-' documentation in the Public Records of Collier County, Florida. AGENDA ITEM No /f~ ~ .'7 NOV 2001 pg. '~ EXECUTIVE SUMMARY Agreements Between North and East Naples Fire Control and Rescue Districts, Collier County, District School Board and The Halstatt Partnership Page 4 SUBMITTED B~Y'.-~YZ--;:7~-,~,. .'J. Keith Gomez, Sr. Property Acquisitidn Specialist / ~-~' Real Prope~y Management REVIEW , . ; DATE: Ton~) Mbtt, Su~'erw's~ R I Prope~ anage~ent Depa~ment , C~arles E. Camngto~, Jr., ~R~A, Director Real Prope~y Management Depa~ment Jeffr~/ ~'~d, ~irector of Operations Em~rg~n~ M~dioal Servioes Department APPROVED BY: ~l~J Thomas Storrar, Administrator Emergency Servioes Division AGE D IT M NOV 13 2001 P~.CJECT: GREY CAKS-E,%IS,'FIR.~ STATION POLIO: 20755322702_ INTERLOCAL PURCHASE. CONSTRUCTION AND USAGE AGREEMENT %~[S fN%ERLCCAL FURCHASE, CONSTRUCTION AND USAGE .AGR~EN~E,N% ~ePerred [c as ~he "Agreeruem[") is made and entered ~nto by a~d beP~eem (hereinafter "COUNt"}, a political subdivision c~ ~he S~ste cf ,=;crida. whose post 3301%amiami Trail Eas~. ~aptes, Flodda. 34112. %HE EAST NAPLES FfR~. CONTROL RESCUE DIS%RIO% (hereinafter "ENFCRD"), an Independen~ Special Distri~ Collier, State of Flodda, created under Chapter 65-1413 8nd 79~. Laws of Florida. w~cse 2cst c~ce address ;s 4798 Davis Boulevs~, Naples, Flo~da 3411 2 and %~E ~JOR~ NAPLES FiRE CONTROL AND ~SCUE DIS%RIOT (herePnaffer "~NFCRD"), an Independent S~ec~al district of the County cf Collier, Slate of Florida, created under Chapter 61-2032, Laws cf o~ce address is ~780 ~mmoKalee Road, Naples, F!odda 3z~ 10. ~, E~AS. COUNt. E~FCRD a~d NNFCRD desire to acquire ceda~n described ~n Exhibit "A" (hereina~er referred to as the "Prope~y"), which is ~ached :mereto a~d made a pa~ cf th~s Agreement. for purcoses cfcc~st~ing and cceratim~ a facility, for the ~rovis~o~ cf ',.'%/HEFE.~S, the pa~]es agree tc sh~re ecually ~n the total 3ur~hase %3CE,CC0, b'y each 2a~'/ here(c paying Dy Count'/ or Distric[ '¢War~nt at the :~me '~/HEP. EAS, the pa~ies have ag~ec upon the costs tc be ~ncurred 3./ each 2a~'/ the sc:uisit~cn, constru~ion, maintenance amc use of said 'acility: ~P/HEF~S, the pa~es have ag~ed that the design and cmnstPs~ien =f the facility smaJl be administered amd ovemeen by COUNTY with the review amd consent, of the dISTRICTS in order to facilitate the sucsess~t and timely construction of the Pacili~f through e~cient c=ntra~ administration; 'vVHEFEAS. the pamida have agreed upon ',imitatfcns u~on the ~ght and Dower to transfer 'ease their ~spective interests in the facility; *¢*/HEFEAS. COUNt. EhIFCRD and ~NFCRD, are "public agencies" as defined ~n ~' 53.C1. Fia. Stat.. with :he authority to enter into interiocal agreemen(s; ~?FH'EREAS, OOUN~¢, ENFORD and ,NNFCRD have carefully considered the terns and s3nsec~ences sf this Agreement. and have determined that the making cf this Agreement is ~n the best ;nterest of the public; M./HEP. EAS, the panics recognize the need for each to have a dedicated area of the planned Fac[fib/ '~hich each may possess and for whic,h each pa~y is responsible, ~.VHEREAS. COUN~ desires to p~vfde a buyback option for ENFCRD and NNFO~D for the land purchase price; ~A/HE~EAS, COUNt, ENFORD and NNFCRD acknowledge that time is purchasing the pmpe~; '¢,/HEAEAS. ENFCRD and NNFORD are referred to as :he DISTRICTS, where hereinafter referred (o collectively; NO'AZ THEREFORE. in consideration of the foregoin~ premises and the mutual covenants set fo~h herein, and such other good and valuable consideration, the su~ciency cf,~hich is hereby ~mutually acknowledged, the panics agree as follows: AGEBDA ITBM NOV13 2001 Pg. Purchase Agreemen~ Page Ar'ticte 1: PURCHASE OF PROPERTY 1.1 COUN'I-Y', _~NFCRD and NNFCRD shall purchase that certain real property describe¢ Exhibit A, from The Hfalsta~ Partnership for a total purchase price of $306,000.00. The purchase price shall be divided equally among the three pa~des so that each par-b/ agrees to pay $102,000 to The Halstatt Partr~ership at the dme of Closing. The terms and conditions of the transaction shall Ue governed by the Purchase Agreement, which shall be executed by COUNTY, ENFCRD, NNFCRD and -Fhe Halstatt Partnership. 1.2 The Purchase Agreement shall be conditioned on the parties hereto obtaining rights,of access ,fi-om the School Distri~'%~ of Collier County over and across the North ~Q0 feel of the W/es.; 330 feet cf the East 430 feet of'the Northeast qua~er (NE '/4) of the Northeast quader (NE '14) of Seclicn 25. ,,-Tcwns,~ip 4g South, Range 25 East. 1.3 COUNTY, E~NFCF{D and NNFORID shall share equally in the fotlowing c~osing cost_s: (i) ,-ecording fees for conveyance instruments, (2) cost of a Phase I envfronmental audit, and (3) cost of a ;itle commitment and policy. Each party agrees to share equally in all billings from the Real ,=.'-oper-~.' Management Department for services rendered in connection with the purchase of this grcpem:¥ and prepamadon cf [his Agreement. whic,h services commenced on May 1-7, 2000 and will 33ntinue througn the successful closing of this transaction. F_ach party shall pay for its own a~orney's fees. ! .4 No pa,q'¥ may sell, transfer, gift. pteCge, assign, mc~gage, encumber, convey, or ot~,e,~ccise dispose of its interest in the ProperTy, or suffer any liens or claims of lien to be recor-~ed against :he ProperTy and e×isZ cf recor-J for a 2erdod exceeding ninety (90) days. e×cept as 2rov~cec :n Sec';ion 1.5 and A~icle V ol'~his Agreement. 1 .5 Any party to this Agreement may transfer or sell its interest in the Property prior to the notice of intent to award the contrac~ for construc~--tdon of [he Facility to another pa~y to ~n~s Agreermernt uncer the following cond~Jons: A. Prior to notice of intent to award the contract for construction of the facili~-y, if either E>qFCRD or NNFCRD ("Selling F~ar1'y~) wish to transfer its interest in the Property, the "Selling Par~ is endrJed [o a "buy-back" of its share of the initial purchase price, or $102,000 and closing costs. C!osing costs do not include attorney's fees or any costs incur-red by reason of services from the Real ProperTy Management' Department. In order to be eligible for this buyback, the Selling Party must ncti,'ky the other parties to this Agreement in writing of its desire to setl. q-he non-selling pa~ies shall nave ~hirTy (30) days within which to purchase the Selling Party's interest, and each non-selling par-?/ snail Oe obligated to purchase 50% of the SeIling ParTy's interest, unless other'wJse agreed to by the non-selling parties. E~. The foregoing provisions likewise apply in the event both ENFCRD and NNPCFRD wish to :ramsfer ~heir interest in the Property to the County. In that event, the County agrees to put'chase wJthin si.~/ ((50) days of the Selling Pa.~ies' notice the interest of each Selling ParTy for S102,000 plus -_losing costs (as defined above) per Selling ParTy. C. A~er substantJal,~ompletion of the construction of the FacilitY/, no party may ~ransfer, convey, assign, sell, lease or otherwise alienate its interest in the improved Property ~/XCEPT as ~,rovided ¢n Article V of this Agreement. CD. E]xcept as provided in this Section, no party shall sell, assign, convey, lease or other~ccise transfer its interest prior to completion of the construction of the Faciii~zy. F_. "Notice of intent to award' shall be constr-ued liberally to include any document whereby COL.JN ~--¥ evidences its intent to award the construction contract to the lowes'¢ responsible bidder. Article il: DF_SIGN OF: FAC1LI-I-Y 2.1 COUN'I-Y shall be responsible for the obtaining and comtrac'ting for the services of an architect or other design professional (hereinafter "[Designer") for preparation of design plans for the Facility and project management. "Facility" as used herein means any improvement ~o (he ProperTy, AGENDA ITEM ~o. /(.~ ~ ? N0Vf3 2001 pg. Purchase Agreement Page 3 but ,~ct limited to, any building, pavement, signage, landscaping, access connection, fencing or the ',ike. It ts under~tocd by the parties that the Facility shall be designed so as to accommodate the needs of each party hereto tn providing the public safety services contemplated by this Agreement. COUNt--'C, and the DISTRICTS shall confer with one another and the Designer regarding their specific needs, including proposed square footage for each party's dedicated ama. The parties shall each designate an individual for purposes of plan review, comment and coordination within twenty (20) days of the execution of this Agreement. Each party shall notify the other par~ies in writing of its designee. 2.2 DESIGN CONTR.ACT. The COUNT'Y shall solicit proposals and csntmact with a Designer in accordance with the COUNTY's standard purchasing policies and state requirements for the provision of design and project, management services. AS part of the contract, the Designer will provide a cost estimate for construction of the Facility as planned, The Designer shall, to the greatest ex-tent possible, itemize the estimated construction costs and allocate the costs according tc each dedicated area, inc~udin~ the costs of any structures or improvements specially requested by a party. 2.3 SHARING OF DESIGN COSTS. The parties agree to share the cost of the Designees services in equal one-third shares. Upon determination of the contract price for initial design the COUNTY', shall factor a ten percent (10%) contingency into the contract price and notify the DISTRICT as to the amount of their one-third share of this contract cost (including the 1 oontingenc'?). This amount shall be paid by the DISTRICTS within thirty (30) days of receipt of file CC U N ,-FY*s '~otice. For those services contracted for on a time and materials basis, the cost cf WhiCh se.~¢ices can only be estimated at the time of contract,, the Designer shall provide to the COUM-[-Y' a gooc fa~tm estimate cf the prcjected man-hours and costs of these services. 'The C©L.;N-T-Y shall factor an additional ten percent (10°/o) into these estimated costs and shatl notify the DISTRICTS as :c their one-~hire sham of the estimated costs of these services. T'me COUN-T-Y shall include a copy of th, e 2esigner's Estimate with the aforementioned notice. The DISTRICTS shall pay to the COUNT'Y their share of the estimated costs (including contingency) within thirty (30) days cf receipt cf the COU NT"¢' s notice. All funds paid by the DISTRICTS in accordance with this Section and receive~ by the ?OUNTY. shall be deposited into an inter;est-bearing construction account (hereinaCter "Ccns~:r'uction Accour-,t") and shall 'ac administered in accordance with Sections 3.3 and 3.6 and the terms of the ~esign contract. Any surplus remaining after completion of the Designer's services shall be retained in the ~ons;r'.~ctior~ Account pending a final accounting of ail construe-rich costs associated wgt~ the proie~'~,, which a'cccunting shall be governed by Sectio~ 3.7 of this Agreement. 2.4. Upon completion of 60% plans, COUNTY sba'Il distrffbute copies of said plans and all sseoifica~:,cns and provisions, to the DISTRICTS' designees for review and comment. All comments shall he returned to the COUN-F'Y within seven (7) days. 'The COUN-FY shall review all comments and shait coordinate any changes with the Designer. The DISTRICTS may elect to return their comments clrecdy tc Designer, if the Designer cqDsents to such arrangement. All final decisions re~arding the cosign of the facility shall be consented to by all parties to th, is Agreement. Any DISTRICT's failure to return its comments to COUNTY or the Designer within seven (7) days shall be deemed a consent to ~he p(ams by that DISTRICt'. Where possible, the plans submitted for review shall contain cost esti,~, ares, in which event, a party's consent to the plans wil! be deemed a consent to the estimated cost. Upon completion o¢ 100% plans, COUN-FY shall distribute copies of said design plans and specifications, along with a final estimate for the cost of constructJon to the DISTRICT's designees for final review and approval. The cost estimate provided by the Designer shall allocate costs in substantial conformance with the methodology set fort in Section 3.9 of this Agreement. The DtST,RICTS shall notify the COUNTY of any objections or changes within seven (7) days of receipt of the 2f~ms and cost estimate. The Designer shall resolve all objections or changes and submit final Diana and a final cast estimate to the pardes. Any DISTRICT's failure to return its objections or ~_nar-,ges to COUNTY or the Designer within seven (7) days shall be deemed a consent by that DISTRICT :o both plans and cost estimate. AGENPA ITE~ NOV 13 2001 Pg. Purchase Agreement Page 2.5 The parties agree that the Facility shall be designed so that the COUNT'Y and the DIST,,lOTS have separate areas dedicated to their excluslve use, including but not limited to, apparatus bay(s), steeping qua~er~ and the like. Each party will be responsible for assuring that its dedicated area is designed according to that party's needs' and specifications. Article Ill: CONSTRUCTION OF FACILIT'Y 3. I The constr~Jction of the F~icilit¥ shall be pursuant to a constr~dCtiOn contract entered ~y the C©UNT~K upon such terms and conditions as are consistent with the County's standard contracting policies amd forms and the terms and 2rovfsions of this Agreement, and suDject to the approval of the DISTRICTS. 3.2. COUNTY snail obtain or prepare an Estimate of the constr'~'clicn costs 2e.rm[ts, assessments, impact, fees, and the like) and the bid package prior to soliciting bids. The Estimate will allocate the costs of construction to each party which will determine that parm/'s share cf the construction costs. A complete copy of the Estimate and bid package snail be provided :o E:NFCRD and NNFCRD for their review and approval along with a notice requesting each par'b/'s share of the "Estimated Costs." The "Estimated Costs" as used herein means the total estimated costs cf construction plus ten mordent (10%) of these total costs. This ten percent ¢~ 0~./o),, ccntfn~e.~cy :s factored in so as to cover any contract changes duidng the life of the Contract whic,h may ;.ncrease c,~ns~ruction costs. The DISTRICTS shall submit their wriben objections or comments re~arding any cc~ion of the estimate and the bid package to the COUNTY within thirty (30) days cf receipt of these A. Im (he event either DISTRICT fails to ~nse~t or oDject within thi~ (OQ) days cf receizt =f the COUN~*s Estimate and bid pack2~e, that DISTRICTs silence shall be deemed an acorovat and that pa~ shall remit its share of the Estimated Costs within ~enty (20) days a~er'.he e~miradon ~¢ the :mi~/ day period, ~. In the event the DISTRICTS' submit comments/objections to the COUN~ within the thi~/ (30) day time pedod, the COUNTY shall review ~nd revise the odginal ~stimate and bid package to :he satisfaction of ail pa~ies. To the e~ent that any objected-(o potion(s) of the Estimate was srevicusiy consented to by the DISTRICTS pursuant to Section 2,4 above, said ~o~icn w/il be deemed app~ved for pu~oses of this Section. COUN~ will thereafter have thi~ (30) days within which tc send a second notice to the DISTRICTS for their share of the Estimated Costs as determined by a revised Estimate. DISTRICTS shall remit their share of Estimated Costs pu~ua~t to trois second notice within thi~/ (30) days of receipt of the n~tice. 3.3 OOUN~ a~rees that all ~nds received from the DISTRICTS pursuant to this Section snail ge deposited into an interest-bearing Const~c(ion Account. These funds shall be administere'd soJeiy =y the COUN~ for purposes of making periodic payments pu~uant to the co~tra~, including any progress payments, authorized ch2n~e o~ers, contract amendments, modifications, delay claims, etd, A monthly account statement shale be p~vided to the aio~g ',~,ith all document[ion submi~ed by the contract for pu~oses of paymenL such as cont~ctcr affidavits, pay requests, claims, proj~t schedule and completion repons, etc. 3.4 COUN~ shall solicit bids through its formal bidding process, subject to the standard bidding policies and requi~ments, amd Chapter 287. Florida Statutes. COUN~ shall include in the bid solicitation package conditions of this Agreement that will impa~ or govern administration and te~s of the const~ction contraS, e.g., e~ended time periods for the approval of change order. In add,ion, COUNTY shall requife the con[raZor to provide a final alJocation of 3onst~Jcn costs amond the pa~ies upon substantial completion of the const~ion. 3.5 Upon detemining the appa~nt qualified bidder at bid opening, the COUN~ shall ~otifi/ the DISTRICTS of the amount of the bid, the difference belden the bid and estimated CO~stPdct[o~ COSTS (exclusive of the ten potent contingency), and each pa~y's allocated potion of :he o,,erage. In the event the appa~nt qualified biddeKs bid is less than the estimated const~ction costs, the d~erence shall be rounded to the DISTRICTS in accordance with their allocated potion. In the even the bid Is greater than the estimated constru~Jon costs, the DISTRICTS shall be required ~o remit their potion of the ove~ge ia the COUN~ to be deposited Into the Construmion Account. T~.e DISTRICTS shall not be required to rem~ these ~nds to the COUN~ un[il the COUN~ has AGENDA ITEM NOV 2001 Purchase Agreement Pa~e 5 notified the contractor of its' intent to award. In the event a bidder other than the apparent quaiified bidder is awarded the contract, the OOUNq-'Y' shall noi:ify the DISTRICTS of their potion cf the cifference ~eevveen the final contract price and the estimated construction costs. DISTR!CTS shall ,-emit t,heir portion of any ove~ge amount within thirty (30) days of the notice of intent to award. In the event that the parties are unable to fairly allocate among the parties the difference bet'cveen the bid and (he estimated construction costs (exclusive of the ten percent contingencyI due to amuiguities in the bid document, each party shall be allocated a one-third share. Upon receipt of a final ailoc~tion of construction costs by the contractor; each party's contribution to construction costs based on a one-third share will be adjusted to reflect the portion of actual construction costs allocated to each party. 3.6 Ali payments made pursuant to the contract shall be paid with funds maintained ir- the Constr',~ction Account. Any change orders requested by the contractor or a party to this Agreement must be apsroved by ail parties within thirty (30) days of the request. The failure of a parity to obje~ to the request for a change order within the thirt3/ day period shall be deemed an approval by that ua~y and payment of the cost or the change order made in accordance with this Section. Any aucrcved change order pertaining to a party's dedicated area shall be the sole responsibiliby of that sa,c,/, and the cost of the change order shall be paid by the resuonsible party into the Construction ~,'c=cunt within thimy (30) days cf the change order's approval by deliven/ of the funds to COU,'N-F'¥ ~,,~.',/ change order ap0roved by the parties and pertaining to a common area imprcvement, e.g., ~ar×ira, g area. or e×terfior F~ortions of the building, e,g, kitcher~, day room, bathrooms, roofing, small ~e 3ourme equa~ly by all ~arties and payment for the cos-t of s2id change order shall be made within :hir:.'/ ,,33,) (lays of ;ts approval into the Construction Accourt by delivering the funds to the COUNTY. 3.7 Upon completion of the construction of the Facility and final payment to the Cor~tractor, a~l suucon~ractors, sub -subcontractors, materialman, sup01iers, lienors and ail persons having creviced ser-zices on this croject, but not prier to the issuance of a Certificate of Occupancy, the COUN-FY shall provide the DISTRICTS with a final accounting for costs and expenditures associated '.~ith the desitin and construction of the Facility. -Fhe DISTRICTS shall have thirty (30) days '.o review :he account statement. In the event that a surplus, as defined in Section 3.8 below, COUNq-Y shall cetermine what port¢on, if any, pertains to Designer services. Any portion attributable to Designer ser'¢ices shall be shared equally by the parties and disbursed accordingly. Any portion of the surplus aC,dbutabfe to the construction services shall be allocated among the parties according to their 2ercentage contribution to the Estimated Costs and refunded tb the patios accordingly. Percentage s.ontdbution is determined by dividing the total amount of a party's contribution to [stimated Ccsts by :he :oral construction '~osts a,~er completion of the Facility and fir~al payment. Any special or ex't.,~aordlraan/ payment made by a party, which is defined as a voluntary payment above a parby's contrac',ua]ly required contribution, shall be deducted from the surplus before determining any a,roc~z:or, and refund to the contributing party. 3.8 "Surplus," as Listed in this Agreement, means any money remaining a~er all contract, ual sr lecga[iy required payments have been made by COUNTY, and does not include any remaining b. alance during the pendency of a contractor dispute or claim. If COUNTY deems appropriate, funds may be heed in the Construction Account pending final disposition of a contractor claim. However ra, c[hing contained herein shall prohibit the parties from mutually agreeing to the disbursement of ¢crds '~vhile a contract claim is pending. 3.9 METHODOLOGY FOR COST SHARING. It is anticipated by the parties that the Designer and the contractor will be able to allocate the estimated'and actual costs of construction. respectively, of the Facility among the parties based on the following: (1) the parties sharing equally in the construction costs attributable to the common areas' (2) the parties paying a pro rata portion of the costs of constructing the building; (3) the parties sharing equally in direc't and indirect overhead costs, proiecl management and inspection costs, permit fees, administrative fees, impact fees, assessments, and other similarly non-specific contract costs; and (4) each party paying the actual costs of interior fixtures installed or constructed in its dedicated area, including, but not limited to to. lec~ers, cabie/telephone jacks, lighting fi)ctures, cabinetmy, shelving, and the like. The term "fi:~cture" shall r~ave its common meaning and refers to something affixed or atl:ached as a permanent ~ apper`dac.~e or apparatus. As used herein 'fi:~cture" speciCicat~y excludes structural components such as 'walls and door-~vays, and appliances. A party's pro rata portion of building costs will be based on .he square footage of a pard2y's dedicated area divided by the total square footage of the building. AGENDA ITE~ No. /('¢7 NOV 13 2001 .~urchase Agreement F:ege 6 The sro rata share cf' a par-by may be adjusted after completion of cons~rucl, ion based on ac:ual measuremer~ts in the as-built ~lans, The cost of appliances or equipment provided for a 2art'/'s cedicated area shall be governed by Section 7.1 of this Agreement. T;qe pa~ties agree in the event the Designer or contractor are unable to allocate the construction costs pursuant to the foregoing methodology, the parties shall make ever? reasonable effort to allocate the costs in substantial conformance with this methodology. It is ackncwtedged ape agreed to by all parties to this Agreement that the foregoing methodology is an equitable and reasonable method for shafng the costs of construction and one that permits the pa~ies to ~.am'Jc!pate fully and independently in the design and oonstr~'ction of their dedicated areas without rec:u~dng other parties to bear the cost of another party's design/ccnstmucdon preferences. Article IV: USE OF FACILITY 4.1 The pa~ies agree that each shall have the rig;",t to the sole and e×clusive use cf these areas dedicated to that pa~y, such as the apcaratus bay(s" sleeping quac, ers, etc. The design cf the Facility shall indicate those areas to be dedicated to ~each party, Each part~ shall use its ~edfcated area rna reasonable manner so as NOT to infringe upon or impede the peacef%[ e,qjoyment and use of the Facility by the other parties. This provision shall be liberally const,~ued so as to ~rotect eao,h party from harmful activities, excessive noise and disturbance, and any other use w,~icm may be considered unreasonable {n light of the intended use and put'pose of this Facilit'/. 4.2 UTILiTiES. A. if practicable, County will establish service accounts in its name and will ~e resconsible for receiving all monthly b(Ifs directly from the service providers. Each pa~y shall paW its pro rata share, as defined in Section 4.7 be!ow, in these ex2enses amc; ?r'~-thir¢ (I/~ share cf the Common Area e×~er~ses, Ucon receipt of a billing statement. [he shall charge to each party's Cost Account (as defined in Sec..ion 4.6 below) its snare of the billed total. If not practicable, par'ties shall establish separate metehng of sen¢ices. to incIude, but not limited to, electric, water/sewer, solid waste, and pest control. B. Each party is solety r'espcnsible for obtaining amd paying for any cable, telephone and computer lines it requires. COMMON AR~.A MAINTENANCE. Ail common area maintenance shall be cocrdir~ated, scneo'~ied, and billed dire~,~t, ly to COUNTY'. As used herein. "Common Area" shall include a{I ~cateo areas, such as parking ~ot, acc. ess roads greenspace, ex-terior and interior (',Kitchen, eavrcom etc.). 'These maintenance expenses w(ll include, without ',imitation, such items as e~teri, or mainter~ar~ce, grounds maintenance (to include all parking, vehicular and pedestrian traffic areas and lawn¢'lanc.4scape maintenance), signage, external water/sewer lines and insurance costs. These expenses ,will be shared equally by all parties and shall be charged to each party upon receipt by GOL)N ,--Y of a billing statement for said expenses. The repair of HVAO, elec-t~cal, plumbing and ']re protection systems will be included in common area ma[ntenance or',ly when these operational systems, e.g., electrical or fire protection, are physically corinecled and shared by the pa~ies such that the system cannot reasonably be. yiewed is self-contair ed in the servicing of a dedicated area. "~ct. edor maintenar~e," as used herein, refers to replacement, restoration, cleaning or repair cf e;~,erfor potions of the building, the cost of which does r~c)t exceed $2,500, including, but not limited to, walls, roofing, soffit, facia and guttering, e)d:erfor ~nishes, window facings, and the like. Any repair or maintenance expenses which exceed $2.500 (per job) shall be treated as c~pital imcrovements and included in the Capital Improvement Maintenance Plan. The payment of such expenses 'will be 9overned by Sec-rich 4.4 of this Agreement. 4.4 MAINTENANCE AND PEP, FORMANCE OF CAPITAL IMPROVEMENTS. lVlaintenance cf all capital improvements/replacements on the Property shall be administered by COLJNq-Y. A Capital Improvement Maintenance Plan shall be created and agreed to by the padres prfior to commencement of construction of the Facility. The Plan will designate items for periodic maintenance and replacement to include, without limitation, such work items as e~terior painting, sidewalks, mci maintenance/repair, resuffac~ng of parking and traffic areas, maintenance of joint access road, etc. The Plan will also establish a work schedule for the maintenance of these items. No. /. NOV i3 20Ol Pg. P,~'rchase AG ree,~ment ~age A. All work per-formed as contemplated by the Capital. Improvement Maintenance shail be coordinated, scheduied and contused for by COUNTY. COLONel will ~odPy :ne ~n advance of scheduled work and provide each DISTR[OT,'with an estimate 2reoared by the czntra~or of the '~ork to be perched. ~f a pa~y oojects to the cost estimated for the work, [hat pa~ shall srovide COUN~ with an estimate from another contractor qualified for the work c=ntem, piated by the Plan. OOUN~ shall contract at the iowes~ estimated cost, except when :he contractor is ~ot responsible, or cannot peffo~ the wcrk a,s scheduled in the Plan. Each Sen/ shall share equally in these expenses and shall ~ay its share a~er the pa~icular'~ork item is substantially completed. ~ese expenses, at the COUNt's option, may be charged against a 2a~y's Cost Account or billed to each pa~, In the event COUN~ elects to bill each pa~y dire~ly for its share of these expenses, each pa~y shall remit payment to COUN%f within thi~/ (30) days. ~Rith the consent cf ail paEies, the Capital Improvement ~laintenance 2!an may amended in writing. 4.5 DEDICATED AR~ NIAINTENA,NCE AND REPAIR. Each pa~y shall be resccnsibte for the maintenance and repair of its dedicated area, which shall inciude, without limitation. senzices; 2a~nt touch-up; re~lacemenUrepair of furnishings (including window treatments); ]ign~ 'eclacement; window replacement: maintenance/repair of all pe~cnal 2rope~/ or figures rccatec the :eciceted areas; structurai repairs, to include ,~alls, '~indows, flood/ceilings, dco~, :~umeing e~ectrical ,fixtures, AC vents, teteshone/cabiejacxs, and the tike; and systems ~pair, systems, but only where such reca~rs ~c not quailfy as common are8 m, aimtenamce. %~ cost maiptenamce and repair within a pam/'s dedicated area sh~ll be that p~y's sole resDcms[b,lity. extent ~n,/ sem¢ices described in Section 4.2 may be considered maintenance costs assoc:ated ,,~ith a 2a~y's dedicated area. those se~¢ices are expressly exciuded f~m ~his p~vision and shall governed by :he previsions of Section 4.2. Each pa~y shall maintain ils dedicated area in a cleon and safe condition ant in w~th ail state and count Jaws. 4.5 COS7" ACCOUNTS. Each ~a~y shall Oe required tc establish and maintain a Cost Acco,Jrt= which wi[l enable and facilitate the ~resentment and payment of periodic billings amd c~arges made by COUNTY 2ursuamt to SeXtons 4.2 amd 4:3 cf this A~icie. Each 2am/ s~a[I fund the CcstA. c~unt by making monthly contnbutio~s as estimated by COUN~f. Each pa~ s~ail desigP, ate individual cost centers for these monthly and pericdic expenses, which cost centers can be used by COU'NTY when cha~ng scec~fic expenses to a pa~y's Cost Account. ~othing contained mere[n shall me ~nstrued as e~iminating a pa~y's right, interest or control in its Oost Account. A. Thi~ (10) days pdor to occupancy of the Facdity by any pa~/, COUN~ shall calculate the est[mated maintenance and operating expenses for the Facility, including both ~mmon and dedicated areas in acco~ance with Se~ons 4.2 and 4.3, for the drst year of occupancy. This est[mate will be calculated by COUN~ after considering the square footage of the Facilit/ as built and similar e~penses incu~ed at o~er joint-use facilities. COUN~ shall calculate each mop, thiy share of these estimated e~p~nses amd shall noti~ each pa~ of the amount each pa~y is to coptr[bute monthly to its Cost Account. ~ach pa~/ shall be required to depcsit a sum equal to its monthly share into its Cost Account within thi~y (30) days of receipt of COUNt's notice. Thereafter, each patay is required to ~ke monthly contributions in the amount of its estimated monthly share to its Cost ~.ccount. B. ~/ithin thi~y (30) days following the last day of the fi~t calendar year, and therea~er annually, COUN~ shall review the actual operating and maintenance expenses and re-calculate the monthly share of each pady based on the actual expenses. OOUN~ shall provide the DISTRICTS '~irh a detailed financial accounting of ali expenses for the previous year along with the estimated exzenses for the upcoming year. The estimated annual expenses for the uocoming year s,hall be Oased on the actual costs from the previous year For operating expenses, maintenance and utilities __as described in this A~icle and shall be provided to the DISTR~CTS no later than the end of April of hat year. AGENOA ITE~ NOV13 2001 Pure,mesa Agreement C. The parties agree that the equal sharing of capital imc~rovements and common area maintenance and repairs is a. fairand reasonable.method for sharing the expenses cf the ccmmont,/ owned Proce~y and Facility. [t is understood and acknowledged by ,.he pa~ies that this method :ac~s mathematical precision as to each party's actuaJ use, occupancy and enjcyment cf the Facility. The sar-ties, however, are willing to compromise this exactness in order to facilitate the aCministraticn sf operating and maintenance expenses associated 'with the shared ownership and use of the and Facility. As for dedicated areas, the par-ties agree that ,,',,hen at all prac~,icable, amc .tn accordance with this Attic!e, each party will be responsible for the utilities, ,,~"~aintenanfe and re,air 2rovided to its dedicated area. The parties agree that each shall have e×c]usive possession cf its dedicated ares and is thecefcre best able to control the frequenc'/ and amount of the maintenance and operational expenses associated with its dedicated area. 4.7 "Pro rata share '" exce0t as othen~ise s0ecified in this Agreement. shall be cased on each ~art'y's porl:icn of the total s~uare foctac.~e cf the buiidincj. Ail separate (ct dedicated) areas be s~eci,~ed in the desicjn plans and their square foot .,measurements provided. Each party's snare will be the ratio of the area cf the party's dedicated portion of the building over the area of '.he ~jiidinc~. (Each partC/' shall be resp. onsible foron-(hird ('~/3) of the Common Area expenses,) The _xac, 2ercen~age of each part~"s share will be determined by the parties ucon csmpleticn or *.he construction cf the buildrmg based on as-built plans provided by the oontrac=cr. BINDING ,~r"RBIT~.z'~.TICN. in the event a dispute arises 'Jnder this Arlio]e '~'~,ich diszute --'e~ains to t,he payment of an expense cr contribution and maintenance of e Cost Accouter. the ciscutin~ parties agree to meet within thirty '130) days of a sarb./'s request and attempt to -escive the oisoute, if t,he 3arties are unsuccessful ir-, resolving the dispL~te, they agree to submit .~he issue to blncir'g arbitration which arbitration shall Ce conducted in s[u~stantial conformity with the Amebean Ar=itraticn Association (AAA) r~les of procedure (with exception to rules's governing se!dot, for' arbitrator-s~ Chapter 44, F!orica Statutes, amc inter-~retative case law. Either party may initiate the ar=itmtien by notifying the other perth/ cf its intent to initiate ~rbitradcn and its selection cf an arbitrator. Upon receipt of such motice, the other carry shall have three (3) days 'within '~v~,ic.~, tc agree to the arbitrator setected by initiating pa~/ or to propose another arbitrator. In the event the can agree to an ar=itratcr, the initiating many sha[I coated the arbitrator seie~ed amd schedule am armitrat~on with the patios. If the ma~ies cannot agree cn an arbitrator to be used, eacm paCy shall. se!e~ an arbitrator amd the issue shall be decided by a panel of three arbitratc~. The cost of the arbitmt',cm shat1 be berne equally by the 2amicipating patios. This provision shall also apml,/ [~ :he case of a third-pa~y dispute. 4.9 The failure of any pa~y to (1) make regutar monthly contributions to its account im accordance with So,ion 4.5 above, whicm failure results in the non-payment cf ex, erase Ftems charged by COUN~ to a pa~, or (2) to pay such expense item or charge when presented by COUN~ shall constitute a breach under the terms of this Agreement. A~icte V: OPTION TO PURCHASE 5.1 A~er Substantial completion of ~nstruction of the FaciliW, if any pa~y receives a bona fide offer from a thi~ pa~y to acquire its interest in the Popery that such ma~Y (Selling Pa~/) wishes to accept, the Selling Pa~/ shall imm~ia[ely offer to sell the interest [hat is the suuject of the fide offer to the mom-selling patios by delivering a wr~en option notice which shall include the following: (l) name and address of prospe~ive purchaser, (2) all material te~s mi the intended transfer, including, but mot dmited to, the purchase mdce, all payment terms, and closing da,~, and (3) the interest to be acquired. The purchase pr¢ce ,~ay be payable only {n cash or cash in installments. 5.2 The Non-selling patios csllectively shall have the first right and option, exercisable within ninety (90) days of the non-selling fadies' receipt of the option notice, to purchase the interest tc be transfeFed by the Selling PaP/ upon the terms and co'mditioms described in the potion notice and offered by the prospe~ive purchaser. Closing shall occur at the time of ctos~ng set fomh tn ~he Opt[OR notice, but in mo event shall the No,-selling patios be requi~d tm purchase prior to the expiration of its ninety (90) day election period described herein. If the prospe~ive purchaser offers tc pay on an installment basis, the non-selling pa~les may s, ubstitute cash or installments having a sho~er term and the same present value as the bona fide offer. AGENBA IT~ NOV13 2001 ?urchase Agreement Page 9 5.3 :f both non-selling parties desire to purchase the Soiling Part.,/'s interest, each non- selling carry shatl pay its equal share, unless cthen~vise agreed to by the non-selling carries. If one of' the non-selling parties does not elect tc purchase the .Selling Pa~y's interest, the other non-selling party ,may exercise its option under the same conditions set forth a~ove. 5.4 In no event shall the Selling Party transfer its interest in the Properly to any third per-t,/ on terms more favorable to the third Pa~7 than are contained in the option notice without .=irst ,~- offe¢~ng the interest to the P,lon-se[ling pa~ies in accordance with the provisions above ,-,~ any time after substantial comcletion of the construction cf the ,=acilit,y, any desiring to sell its interest in the Property to the other- Par'ties hereto, shall notify the other' parties in writing of !ts offer to sell and shall state the ~urchase price. The purchase pnce shall consist cf the selling p. arty's initial Furchase pdce of $I02,000 and all exsenditures made by the selling 2art7 during its ownership and use of the ~roper~,. These expenditures shall include the selling parly's snare of design and const~-uction costs, operating and maintenance expenses, closing costs, dedicated area maintenance expenses and capital improvements. These expenditures exclude a~orney's fees. arbitration fees, or any costs ,~ct specifically identified in this Agreement. A. If a non-soiling :arty elects to purchase the selling pa~y's interest, that ¢)an,/ shall notif-/ the soiling 2art~'. 'within ninety (90) days of its acceptance of the offer to sell and shall tender ;a?ment c('.he selling pa~y's ;nterest as defined in this Section within ninety (90) days of its accectance. If ~cth ~cn-setling parties wish to =urchase the Selling 2art,./'s interest. :he .non-selling ca.'-t, ies ":-ust r-ctJf-/ the Soiling Pa~y jointly. F_ach non-selling pa~y must pay one-hail cf t,~e ;urohase 2nco as :rcvided above. 5.5 Except as p. rcvided in Section 1.5 above, nc p, arty is entitled '.o have its ;nterest in the :rcce%~,., :urchased ~y the other parties to this Agreement. A~icie VI' NOT[CES 6.1 Any nctice recuired cr 2ermined to 'De given under this Agreement shall :e addressed to the ~a~:es at the address set forth betcw: C OU'NT'Y: EMS Administr-~tor/Chief Emergency Medicai Services Building H 3301 Tamiami Trail East Na~les F~ 34112 ~NF~E): A~n' Fire Chief East Naples Fire Control and P. escue D~strict 4~7~8 Davis Boulevard Naples, FL 34112_ NNFCRD: A~n: Fire Chief North Naples Fire Control and Rescue District 1780 lmmokalee Road .Naples, FL 34110 ~F,/ith a copy to: John P. Cardiilo, Esq, Atl:cmey for NNFCRD Cardillo, Keith & Bonaquist, P.A. 3550 Tamiami Trail East Naples, Florida 34112 6.2 ~'-,Iotice relating to the option to purchase pursuant to A~icle 5 of this Agreement shall be given by certified cr registered mail, return receipt requested, and shall be deemed given when signed for by addressee or its agent. AGENDA ITF__~ NOV 13 2001 P~.Jrc,~ a s e Agreement Page 6.3 teach party to this Agreement has an affirmative duty to notify each par~y hereto in writing of any change in the address provided above. Fa/lure to do so will excuse any failure to receive timely notice which has been sent to address provided herein. Arl, icJe VII: PERSONAL F~ROPER ~-F¥. FURNITURE. 7.1 Furnishings. equipment and improvements for the Facility shall be purcmased by the 2ar~y whc wi have sole use of the same. Any furnishings, equipment, improvements and other personal propect"y to be used by the parties in coniunotion with the Common Areas shall be 2urc~ased by the pa~ies in equal shares. Prior to substantial completion of the Facility, ~he pa~[es small meet and dateline wha~ paschal prope~ sha~l be acquired for use in the Common Areas. ~2ch 2a~y shall be responsible for cne-(hird of the coszs of ~his p~pe~ and shall cay its share withim th~ (30) days of receiving a c=py of the bill, purchase order or invoice for s~id purchase. Maintenance of all commonly purchased prope~y which remains in use in the common areas will sh2red equally among the p~es as p8~ of the common area maintenance and operatimg ,Article VIII: USE OF The Prope~y shall, in pe~e~uity, be used omJy as a public safe~ facillW. ~o pa~ may lease, leL assi~m, sublease orothe~ise gran~ the d~t of possessiom or use amy Do~icn of their :m~eresZ ]m :he Prope~ or Zo permit any oZher persoms or entitles to ocouoy any pc~on of the ;roce~,/ except :hat the persoms or enti~ shall be engaged exclusively in providim¢ public safe~7 se~¢~ces ~o ~he 2eople of Collier Count. The Core,ding shall mot restrfc: ~he use cf the Pro0e~ for 2uCI~c saree/ educatiom pro,rams such as, withou: limitation. Boy Scouts. Girl Scou~s, Ex=torero. Club. schooJ field '.~ps. pubiic open houses, and ~he like. ~'cwever. under ~o c~rcums[ances may c=mmo~ areas =e used ~y ~hird patios without the mutual consemt of OOUN~ amd DIST~CTS. ~. I The pa~ies shall maintain one or more public liability and hazard insu~nce ooiicies coveMng th, e Facility amd the Pmpem/, as well as the use t~ereof, with the DISTRICTS amc as ~-insureds. Proof of insu~nce sh~ll De provided upon the request of any pa~. The costs Cublic ~ia0ili~/ and mazard insurance shall be factored into the o2erating expenses of the ~mpe~ '0.I The patios hereby acknowledge that it is impossible to measure in mometa~ te~s the damages that would accrue tm a pa~y hereto as a result of 8ny pa~'s failure to pe~o~ the obligations set fomh and implied in this Agreememt excepting those obligations for payment of money montainec herein. Therefore, the pa~ies agree that ~ny pa~ may insd[ute an sction or proceeding for smecific 2e~ormance of ~my provision of this Agreement (excepting any provisions for paymemt). Carnies agree to waive any claim or defense that an adequate remedy at law exists i~ any a~ion for specific 2e~o~ance. A~icle XI' MISCEL~NEOU~ PROVISIONS 1 1. ! This Agreement contains the e~tire understanding be~een both pa~ies. No change mcdiScation of this Agree~nt s~all be binding upom the pa~ies, m~r sh~ll any waiver ef an7 term condition be deemed a w~iver of the te~ or condition in th~ ~ture, unless the change or modification or w~iver shall be in wdting signed by the I I .2 The ~mtractual rights and obligations of the pa~ies as established by this Agreement s~all remain with ~he pa~ies and are not assignable or t~n~'ferable except as ethe~ise provided herein. I 1.3 This Agreement shall be binding on the pa~ies, their agents, representatives, empioyees, contra~o~ and successo~ in in(erest. ~ I .4 This Agreemen~ shall be const~ed according to the laws of (he Stale of Flodda. AG~ND~ I~EM No. N0V13 2001 Purchase Agreement Page i i i 1.5 No waiver of. or failure to claim, any breach of this Agreement by a Dar't,y shall mot ~e construed as a waiver of any rights or tenet'les with respect, to any subsequent breach of this Agreement. 1 I .5 The .ec~tals set fo~h above are inco~orated[ herein as a paK of this Agreement and the into this Agreement. I 1 .7 The pa~ies hereto acknowledge that each pa~ h~s a dub/ and obligation to 2e~ accordance with the terms of this ,Ag~ement. The ponies therefore ague to use their =est effcms amd to act in ~ood faith when imte~retinG amd car/lng out the terms and conditions of this A.g reement, I i .8 The listing of ~tems in any provision or par~g~ph contained in this Agreement ~s meant :o be illustrative and without limitatic~, amd shall no~ be considered an ail-inclusive Jist tc be binding =fi the $a~ies hereto. 1N *.~¢ITM~SS '~HEREOF, the =8~ies hereto have executed this Agreement om this __day . 2001. A-~-TEST BOARD (DF CC)UNT'r' COi'vlNIlSSIONF_?.S DbVIGH7 B. BRCCK, Cleri< COLLIER COUNTY', FLORIDA BY: ,Deout"/ Clerk JA~'~IE$ D. CARTER, PH,D, Chairman E'.ATED JC) - ~ -- ~ l ~J~,ST NAPLES FIRE CONTROL AND ~ ,Secretar/ THOMAS CANNON, an DATED' / ~ ' // - ~ ¢ NORTH NAPLES FIRE CONTROL ~ND RESCUE DISTRICT N0Vl3 2001 WiisdnMiller · \lllhalpart ol~eclion 26 l'ov,'n~hipq95~ulh, Range 25 East, Coilie~ Courtly. J:lor]da, j~arlicuMziy desc~iL)es as IolJows: - Colmnencmg at tl~e no~iheasl corner ot sa~d ~ecti(m 2~, d~en~e along the no~th ]me ~t Secliun 2b Ncuth 89~24'29'' We~t [00 07 leel to a ~)OIl/t O1~ the west Righl-o[-W,,), ime o1' AUj~o~t/'[h ng Road, thence ak)rig said Right-o/ Way line ~uulh I}1~33'43'' EasI 2 69 thence conhnumg along said Line South 00"20'09'' }~ast ~7 32 feet; described; thence Sou th 01~07'0 I" ~Vest l 99 83 leer; Ihence North 89024'29`' Wesl 324 54 feet; thence North 00~20'09" West 199 85 the~ce ~oul]~ 89~24'29' [~asl 32~ o l leer to the ])omt ot [~egnmmg ¢1 the P,~tcel ,,,~o ,,~ .... ~,, es,,>c.,,*~ 3~O.)~.~,,'t,yL ~e. ]c,/¢~'00 N, Ii'&'S F~d,~d.?3,11[;.5 JN).,~ 941 0'.1~-4040 ~ '14l-':.43 5716,~J EXHIBIT - AG,E,,~ DA ITEM NOV 3 2001 o~ POINCIANNA ELEMENI'ARY SCHOOL ',o° (Or~'C~u..etcoao ~X]K ~J~. ~.4~t" I ~ ,.*s* "'"~ .................................... : I ~ I / '~ AIRPORt/PULLING ROAD .I.~l~ ~1~ . NOV 13 2001 Purchase Agreemenl Page I'ROJECT: GREY OAKS EMS/FIRE STATION FOLIO- 20765322702 I'LIRCIIASE A (;RISIr~hlENT TillS PURCIIASE AGREEMENT (hereinaflel lefened Io as Ihe "AgTeemenl") is made and emered mi. by and between TIlE IIALSTATT I~AII'I'NI~I~SIIIP. a Florida general parlnership, by i~s uode~signed General Parlners, who have been duly aulhmized by Ihe Partnership Io execule Ihis ADeemenl. whose posl office address is 2600 Golden Gme Pmkway, Suile 200, Nnples, Florida 34105, he~ei.:ff~e~ ~efe~ed Io as Owner, and C()I.LII~I~ COUNTY, a political subdivision of ~l~e Slate o( Florida, its successors and assigns, as lo an undivided mmqhird inleresl, whose posl office address is 3301 'l';m~i:mu'F, ail E:m~. Naples. Floiida. 34112, Till( EAST NAI'I.ILS I"IRI( C()N'I'ROLANDI/IESCUI5 I)IS'rlIlCT, an lmlependenl Special D~suicl cfi the C{mmv (~f Collier, Slale (ff Florida. crealed umlc~ Chapter 65-1.113 and 79-444, Laws of Fto~lda, and ils successors and assigns, as lo an undivided one-lhird mletesl, whose post office address is 4798 Davis B{~ulevmd, Naples. Florida 34104 and TIlE NORTII NAPI.ES FIRE CONTROl. AND RESCUE ])ISTIIICT, an Independem Special Dishicl of the Cmmly c)l Collie~, Slale (ff Fto~ida, crealed tmde~ Chnple~ fil 2032. l.aws of Florida, and Hs successors and assigns, as Io an undivided one-d~ird ime~es~, whose, posl {flfice ad(hess is 1780 Imm{~kalee ~oad. Naples. Jrli>litJ;i 3d110. he~eina[le~ singuhuly (u c~)ileclively iele~ed I~)as Ihuchase~ WIIEI?.EAS. Pu;chaser ~equues n fee eslale in Ihat land clesc]ii)ed in ExhH~il "A" (he~einilfter telened [. us the "lh(q~e~ty"), which is aHached he~eh~ ami made a pml (>f fins Ag~eemem, fin' Ihe pmlmSe of a fi.e and rescue facilily: and WI IEREAS. Owner desires h) convey ~l~e P~.pe~ry r~ lhnchase~ fl)r tl~c Sl;~lc(I pmp{~ses, cm the IC~ms il~tJ COlldiliOllS scl forlh heTein: and WI IER~AS, Purchaser has a?eed Io compensate Owne~ For conveyance .f tl~e Property by lmlchasing Ihe Properly inslead of g~aming Owne~ .npuc~ ~'ee cledits as p~ovided for in the Grey Oaks PUD O~dimmce 2000-0{M6. ~OW TIIEREFORE, m consideration of tl~ese lnCmises, Ihe sum of Ten Dollars (51000), and {>lhe~ gr)(~cl ami valuable ccmsideralirm, tl~e ,ece~p~ and stfffic~encv of which is hereby mulually ackm)wlcdgcd, it is agreed by and between I. ()wrier shall convey markelabJe lille Io Ihe I)l()pelty 10 Pu~cllaser I-(~r lite Iolal imrchase pilce (ff $3()6,0(~0.00, to be paid as follows: $102,000, payable by County Warrnnl, $102J)00, payal)le by EasJ Napres Phe Control and Rescue Dislrict Wan'anl ami $102,000, payable by Noflh Naples File ConhoJ and Rescue District Warranl (said transaction hereinafter refened to as d~e Closing). Said payment shall be full compensation rot Ihe Properly conveyed, including all hmdscaping, trees, shrubs, impmvemems, and rixlmes localed thereon 2. Owner shall convey a good and markelable [i~le free of any liens, encumbrances or excep~ioas, excepl as lo the following: (a) zoning, building codes or Odler restrictions imposed by govemmenlal at]lllo~ ily; (b) Ihose'exceplions set fm Ih ill any lille carnmimmnt ol)~ained by Purchaser; (c) outstanding oil, gas ancot mineral interesls, ~ any, and ((I) legal access {except as otherwise provided herein) Markelable lille shall be determined according Io al)plicable lille standards adopted by (he Florida Bar and in accordance wilh law. The Owner will. if lille is found unmarketable, use diligent effort lo correct defect(s) in Ihe lille wilhm sixty (60) days. Any and all documenls lo clear tide to the Properties shall be provided Io Purchaser on or before the dale of closing or, in the evem a defecl is discovered on II~e clay or closing, wilhm sixly (60) days d~ereo[. 3. Prior to Closing. Purchaser shall require Illal drainage rights ~eserved imcVor held puz'su;mt to the Easemem G~ant dated Ihe 24u' day of July. 1991 and ~ecorded in Officinl Records Book 1635. Page 683 shall be suho~dinaled Io the pmpe~y righls of the Purchaser. Owner agrees t. execute the necessm ;,, Subo~dinalicm of l~acumb~ance For Ihe benefit of the Pm'chaser and Ihei~ imemled use {ff the Property as staled above. A~NDAIT~ Purchase Agreement Page 2 4. This Agreement shall he null and void, and of no Im-ther force or effect, unless Closing shall occur within ninety (90) days from tile date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend tile term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the Warrants to Owner or its designated agent, and Owner shall deliver tile cooveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other Ihan those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contain, ed herein. 6. Upon payment by Purchaser, as provided in Paragraph I above, the Purchaser shall be relieved of any obligation to grant impact fee credits to Owner in exchange for the dedication of the subject property, as provided in tile Grey Oaks PUD Ordinance No. 2000-46. Likewise, Owner s accepla,lce of payment shall be deemed a full and unconditional release of the Purchaser as to its obligation to grant impact Cee credits or additional compensation 7. Owner is aware and understands thai the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, and the East Naples Fire Control and Rescue District and the North Naples Fire Control and Rescue District, which approval is subject to the Purchaser obtaining from the School Board of Collier County, within ninety (90) days of tl~e County s receipt of tile executed conveyance documents from the Owner, rights of access over tbe 100 feet immedialely nodh anti adjacent to the northern property line of il~e parcel to be purchased (Exhibit :\). 8. To the best of its knowledge, Owner represents tllat the Property and alt uses of II~e Property have been and presently are in compliance with all Federal. Slate and Local environmental laws; that no hazardous subslances have been generated, stored, treated or transferred oil tl~e Property except a's ' specifically disclosed to the Purchaser; that the Owner has ilo knowledge of any spill or environmental law violation on any property contiguons to or itl the vicimty of the Property to he sold to tl~e Purchaser, that the Owner has not received nolice and olherwise has no knowledge of a) any spill ou tile Property, h) any existing or threatened environmemal lien against the Property or c) any lawsuit. proceeding or investigation regarding dm generalion, storage, treammnl, spill or transfer of hazardous substances on the Property. This promsion shall survive Closing and is not deemed satisfied by conveyance of title. No other representations are being made. 9. Oxvner shall indemnify, defend, save and bold harndess the Purchaser against and from, and to reinqburse the Purchaser with respect to, any and all damages, claims, tiahilities, laws, costs and expenses (including without limilation reasonable paralegal and attorney fees and expenses whether m court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section-9~8Thls provision shall survive Closing and is not deemed satisfied by conveyance of title. I0. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All miler costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in II~e public records of Collier Courdy, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of the title commilment shall be paid by Purchaser. I1. This Agreement and the terms and provisi.o!~s hereof shall be effective as of the date this Agreement is executed by the last signing party and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever~the context so requires or admits. 12. If the Owner holds the Property in tile forn~ of a parmership, limited partnership, corporation, trust or any form of representative capacity whalsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Slatutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securilies Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from tile provisions of Chapter 286, Florida Statutes.) 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. NOV 1 3 2001 Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have exect,led this Agreement on dns __ day of 20O Date Property acquisition approved by BCC: AS TO PURCttASER: DATED: ,ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk BY JAMES D CARTER. PhD.Chaimaan DATED: /0 ' el'- 0 ( EAST NAPLES FIRE CONTROL AND ka' Secretary ~ ~," ~ THOMAS CANNO~, Chaim~an DATED: /'"- //- o-/ NOR'HI N/,5~LES FIRE CONTROL AND c..- , Secreta~' BY: ' AS TO OWNER: Dated: ~ I ' 2°°-k- WITNESSES: TIlE ItALSTATT PARTNERSIlIP, a Florida g.~nepFI parlnership THOMAS L. TRD~DW£LL Nall'~e (Print or Type) Ad:~Snistradve Agent rodlhe Pnrmership, purstlallt Io O.R. A(3ENBA ITEM .o. NOV 13 2001 Purchase Agreement Page 4 Bk 267% l'g 3073 of the Pul~lic Records o£Collier County, Florida. Witness (Si~natm'e) · GAlL ~. ANDERSON Address: 2600 Golden Gate Parkway Name (PrmtorType) Suite 200 Naples, Florida 34105 Approved as to form and leg~al sufficiency: Ellen T. Chadwell Assistant County A(lomey NOV 13 293 WilsdnMiiler [owushq) 49 ~lllh, I(arl~e 2~ IEasI. Collier Counl)', parhcuJa[ Iv (Jesc/ibes ns (ollo~s ad,m~ ~a~(t R~hI-(~[-WnV tine ~m~lh ()l°~R'~3'' [:as~ ] (~) Feel thpnce South 01'07'01' West ]~0 g3 feet. Hmnce N.rlh 89~24'29'' West 321 5.1 feel [hence Nnrlh 00'20'09" Wesl lg9 85 feet thence South 89~24'29" East 329 61 feel to Ihe I'mnt ,d Beginmng uf Ihe Parcel he,em describe,l AOE.I~IDA ITEM NOV 13 2001 EXHIBIT "A" 2 of 2 PROJECT: Grey Oaks EMS/Fire Station FOLIO: 20765322702 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by THE HALSTATT PARTNERSttIP, a Florida general partnership, by its undersigned General Partners, who have been duly authorized by the Partnership to execut~ this Agreement, whose post office address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, hereinafter referred to as "Owner", and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post t~ff~ce address is 3301 lamiami Trail East, Naples. Florida. 34112, hereinafter refen-ed to as "County". WITNESSETH: WHEREAS, Owner has requested that County accept a fee-simple interest in the lands described in Exhibit "A", hereinafter referred to as the "Property". v, hich is attached hereto and made a part of this Agreement. for the purpose of providing future right-of-way associated with the Estuary turn lanes and intersection improvements on Airport Road: \VIIEREAS. Owner desires to convey the Properly to County for the stated purposes, on the terms and conditions set forth herein: and WHEREAS, Owner recognizes the benefit lo Owner and desires Io convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that compensation shall be due and payable for the Property conveyed to County; and NOW. THEREFORE. in consideration of these premises, tile sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Properly via Special Warranty Deed to County at no cost to the County. 2. Owner shall convey a good and marketable title free of any liens, encumbrances or exceptions. except as to the following: (a) zoning, building codes or olher restrictions imposed by governmental authority: (b) lhose exceptions set forth in any title commitment obtained by Purchaser: (c) outstanding oil, gas and/or mineral interests, if an3', and (d) legal access (except as otherwise provided herein). Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. The Owner will, if title is found unmarketable, use diligent effort to correct defect(s) in the title within sixty (60) days. Any and all documents to clear title to the Properties shall be provided to Purchaser on or before the date of closing or, in the event a defect is discovered on the day of closing, within sixty (60) days thereof. 3. Prior 1o Closing, Purchaser shall require that drainage rights reserved and/or held pursuant to the Easement Grant dated the 24~h day of July, 1991 and recorded in Official Records Book 1635, Page 683 shall be subordinated to the property rights of the Purchaser. Owner agrees to execute the necessary Subordination of Encumbrance for the benefit of the Purchaser and their intended use of the Property as stated above. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have tile unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and other,vise has no knowleclge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to. any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in coma. out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing' and is not deemedsatis~ie.d,by~.~onveyance of title. 8. The Owner shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instrumenls, in the Public Records of Collier County. Florida. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination or Release of an5,' mongageis) or liens recorded against the Property'. All other costs associated with this transaction including but not limited to tr~sfer, documentary and intangible taxes shall be borne and paid by Owner. Owner shall pa.',' the cost of the title commitment and policy. 9. This Agreement and the lerms and provisions hereof shall be effective as of the date this Agreement is executed bv both parlies and shall inure to the benefit of and be binding upon the parties hereto and their respecti',e h~irs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. Owner agrees to convey the subject property free and clear of any restrictions on use or reversionary interests, except as follows: County shall use the property for purposes of right-of-way, in the event said 'right-of-way is needed within the next five (5) years, for the development of the surrounding lands. The properly shall be reserved for that purpose during Iris time period. Otherwise, the County may use the property in conjunction with. and as part of. ils fire and rescue facility. Owner expressly waives an.',' rights of rever~r or reversionary interests created or provided for by statute or common law. I 1. The County's acceptance of this conveyance shnll in no way be conslrued as permission, consent or acquiescence to a~y future development plans of the Owner, including, but not limited to, any access improvements or right-of-way facilities within or along Airport-Pulling Road. 12. In the event the County breaches the terms of the Agreement. Owner shall have those remedies provided by law or in equity except Owner expressly waives any right, claim or course of action to rescind the deed conveying the subject property. 13. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 14. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Properly held in such capacity is conveyed to County, its successors and assigns. (If the corporalion 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 °'AO°~I~O-T~ exempt from the provisions of Chapter 286, Florida Statutes.) N . ~ NOV 13 2001 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and )'ear first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ,,\TTESq: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA , Deputy Clerk BY: JAMES D. CARTER, Ph.D., Chairman AS TO OWNER: Dated: ~ / . 200/_. WITNESSES: THE HALSTATT PARTNERSHIP, a Florida general partnership Witnel..~C~.?Ii~/~DWELL jR. By: 'As ~mey-in-Fact and ~ Name (Prinl or Type) Administrative Agent for the Pannership. pursuant to O.R. Bk 2673, Pg 3073 of the Public Records of Collier County, Florida, Witn~~RSON Address: 2600 Golden Gate Parkway Name (Print or Type) Suite 200 Naples, Florida 34105 Approved as to form and legal sufficiency: Ellen T. Chadwelt Assistant County Attorney NOV 13 2001 Wil nMiller DireCtions I~ P~anning. ~$~gn & EXHIBIT "A" 1 of 2 Description of Parl of Section 26, Township 49 South, Range 25 East, Collier Count)', Florida. (586 Square Feet) All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, being more particularly describes as follows: Commencing at the northeast corner of said Section 26; thence along the north line of Section 26 North 89°24'29'' West 10007 feet to a point on the west Right-of-Way line of Airport/Pulling Road; thence along said Right-of-Way line South 01033'43, East 2.69 feet: thence continuing along said line South 00020'09.. East 97.32 feet to the Point of Beginning of the Parcel herein described; fl~enc'e South OO°2n'09'' East lC~S 03 feet, thence North 89°24'29'' West 547 feet; thence North 01°07'01" East 198.01 feet; thence South 89°24'29" East 0.45 feel to the Point of Begim'dng of tile Parcel herein described Parcel contains 586 square feet more ore less Subiect to easements, resh'ictions and reservations of record Bearings are based oil the north line of Section 26 being Norlh 8c;'°24'29'' West : Registered Engineers and Land Surveyors Ce~ificate of anthorizafion ~LB.43 N,~I Xa[id tin,ess embossed with the Professional's seal Re[ ]G-~TA Da{e lul., I~ Naples Fort Myers Sarasofa Bredeflton Tampa ~,~, ,~.. v., ~,,., 3200 Eall~k Lane, .~ul/e 200 Nap/es £1orlda 34105 ~5,'97 941-649-4040 ~ ~¢I-643-5716 ~ NOV13 2001 EXHIBIT "A" 2 of 2 ¥ POINCIANNA ELEMEAtTAP,¥' SCHOOL I i --- / ' ~ ~' I ~ I ~ I ~ ~ I~ , ~ At~,~O~T//PULLi,%~~ ~ o _] ' ' ~ NOV 13 PROJECT: GREY OAKS - EMS/FIRE STATION FOLIO: 20765401403 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (ber¢inafter r~fcrrcd to as the "Agreement") is made md entered into by and between THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, (hereinat'~r retired to as "Owner"), whose post office addre~ i~ 3710 Eatey Avenue, Naples, Florida 33942, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLOP.IDA, its succeasor~ and aaaigns, whose mailing address is 3301 Tm~i~i Trail Eaat, Naples, Florida 34112, and THE EAST NAPLES IZlRE CONTROL AND RESCUE DISTRICT, an Indep~dent Special District of the County of Collier, State of Florida, czeat~d under Chapter 65-1413 and 79~..~/,, Laws of Florida, and ira successors and assigns, whose post office address is 4798 Davis Boulevard, Naples, Florida 34112 and THE NORTH NAPLES. FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws or Florida, and its successors and assigns, whose post office ~u:ldrcss is 1780 Immokalee Road, Naples, Florida 34110, hereinafter referred to ss "County end Districts". WITNESSETH: WHEREAS, County and Districts have requested that Owner convey to the County and Districts a perpetual, non-exclusive road right-of-way easement for the parpose of constructing, operating and maintaining access to an Emergency Medical Servicts and Fire Station facility and for ingress and egress over, upon .and across the land~ de~ribed in Exhibit "A" (~aid road fight-of-way easement hereinafter referred to as the "property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County and Districts for the stated purposes, on the term~ and conditions set forth herein; and WHEREAS, the County and District~ shall not impede the Owner's cunent use of the Property, as a mode of ingress and egress to the Poinciana Elementary School; and WHEREAS, the County and Dis~'ict:: agree that the Owner shall be required to approve the design plans for the mutual use of the road right-of-way area; and WHEREAS, the Owner shall not um'ea~nably withhold approval of the design plans for the mutual use of the road right-of-way area; and WHEREAS, Owner agrees to convey, at no cost to the County and Districts, temporary construction easements to the County and Districls in order to complete access improvements to the proposed Grey Oak~ Emergency Medical Services and Fire Station facility on the terms and conditions contained herein; and WHEREAS, Owner recognizes the benefit to the public and desires to convey the Property to the County and Districts for the stated purposes, on the terms and conditions set forth herein, ~aid terms including that no comper~ation shall be due and payable for the Property requested by County and Districts; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and ~uffi¢iency of which is hereby mutually acknowledged, it is agreed by and between the panics aa Ibllows: I. Owner shall convey the Property via a road right-of-way Easement to County and DisWicts, at no cost te the County and Districts, and Owner shall execute s Subordination of Encumbrance for the subordination of its easement interest arising fi.om an Easement Grant fi.om the Halstatt Partnership recorded ~t Of~cial Record Book 1635, Page 683, et s~q. 2. County and Districts shall not impede the Owner's current u~e ofthe Properry, as a mode of ingress and egre~ to the Poinciana Elementary School. The pa. rtiea, however, acknowledge and ~gree that temporary dia'uption to vehicular movements to and fi.om the School during an emergency vehicle's reg~onse shall not constitute an impediment aa contemplated by the foregoing provision. 3. To ensure continued and unimpeded aece~ by Owner and motorist and pedestrian ssfety, County and Districts agree to submit design plan~ f~ proposed modificatior~ to. the road right-of-way (including any future modifications) to Owner for i~ review and consent, which consent shall not be unreasonably withheld. All design plans shall meet senerally aeoeptable engineering standards and practices ~o as to provide ~ motorist and pedeatrien ,~afety. NOV 13 200I (a) Owner will notify the County and Districts in writing within 30 days of the effective date of this agreement of its designee for informal preliminary plan review and comment and for delivery of County and District's request for review. This informal review is at ~he discretion of the County and Districts. fo) The County and Districts may request in writing that its proposed design plans be presented to the governing board of Owner for its formal consideration and determination. Upon receipt of this request by Owner's designee, Owner agrees to either consent or object to the plans proposed by County and Districts at the first available Board meeting at which plans can be considered, but tn no event, later than sixty (60) days following receipt by the Owner's designee of the County and Districts' written request and proposed design plans. The basis for any objection should be articulated in writing by Owner. ' {c) The parties hereto acknowledge that time is of the essence in obtaining Owner's approval of access plans so that construction may commence and proceed according to scheduling, and Owner agrees to usc all due diligence in review .nd consent of thc proposed plans. 4. County md Districts agree that improvements or modifications made by thc County and Dislricts, which are implemented or constructed in accordanc,' with the plans to be approved pursuant to preceding paragraph, shall be made at the cost of the County and Districts. Tbese improvements shall include, but shall not be limited to, curb cuts and the installation of traffic control devices necessary to facilitate the ingress and egress of the emergency vehicles fi.om the Emergency Medical Services and Fire Station facility site, which improvements shall be made at the sole cost and expense of the County and Districts. 5. Owner agrees to convey, at no cost to the County and DisU-icts, any necessary temporary constructio~ easements to the County and Dtsu'icts in order to complete access improvements to the proposed Grey Oaks Emergency Medical Services and Fire Station facility provided that such temporary easements are approved in accordance with Paragraph #3 above. No construction shall commence until such time as all plans have been approved. Upon completion of constr~ction, County and Districts shall restore, replace and/or repair any landscaping, fencing or irrigation damaged or removed by the County and Districts, and their agents or contractors, during construction. In addition, any damage to the Owner's property caused by the County and Districts as a result of the construction and operation of the Emergency Medical Service and Fire Ststion facility shall be repaired or corrected at the expense of the County and Districts. 6. The Owner will be solely responsible for the maintenance of the Property; provided, however, that (i) the County and Districts shall sharc in the cost of maintenance of the paved roadway only (inclading but not limited to paving, striping, and sealing), which is located within the Property, based upon .the estimated percentage of traffic attributable to each of the parties over and across the paved roadway and (ii) the County and Districts shall be solely responsible for the maintenance of any flashing lights, u'affic signals, or signs on the Property that are installed by the County and Districts in accordance with Paragraphs 3 and 4 above. The Owner shall provide reasonable notice to the County and Districts as to any maintenance activities and the estimated cost of said maintenance activities. The parties may agree to hire an engineer or other consultant acceptable to all parties to perform a traffic study to determine the percentage of traffic attributable to each of the parties ~br purposes of this paragraph. 7. The County and Districts shall provide general securi~ overwatch of the Poinciana Elementary School and surrounding campus at all times and furxher agree to provide notification to the appropriate law enforcement agency when breaches of security are observed. This paragraph shall not be construed so as to require that the County or the Districts to provide a security patrol or additional staff, or to take any action other than notifying the proper law enforcement authorities after observation of a security breach, in order to carry out the intent and purpose of this paragraph. It is agreed and acknowledged by the parties to this Agreement that the County and the Districts are not trained in law enforcement and this provision shall not be construed as obviating any duty on the part of the Owner to provide adequate security for the school premises or to otherwise supervise or monitor the school premises. To the extent permitted by Florida law, the Owner agrees to indemnify, defend, save and hold harmless the County, Districts, and their respective officers, agents and/or employees, from and against any suits, demands, claims, liability, losses, penalties, damages, judgments, orders, decrees, administrative actions, complaints, costs and expenses (including attorney's fees and all costs of litigation) arising out of or related to any act, or failure to act, by the County and Districts undertaken pursuant to this paragraph. 8. The County and Districts agree to refrain from unnecessary noises and sirens that might reasonably disrupt the school activities at the Poinciana Elementary School. Additionally, while on the Property the County and Districts agree that horns and sirens on emergency vehicles will only be activated when deemed vital to the emergency response by the County and Districts and when accessing Airport Road. (In the course of emergency response, it is the intention of the County and Districts to activate horns and sirens only when accessing Airport Road.) AGE NI~JA ITE IVy, No. Iff?l/ NOV 13 2001 9. Thc County and Districts hereby agree to provide thc Owner with sufficient funds to install a chain link fence along thc si&walk on thc south side of thc Property in accordance with specifications attached hereto as Exhibit B. Owner shall be solely responsible for all maintenance and repair of any fences on thc Property. 10. To thc extent permitted by law, the County and Districts shall indemnify, defend, save and hold harmless thc Owner, thc Owner's officers, agents and/or employees from and against any suits, demands, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, liability, or death which may result from any willful misconduct or negligent act, error, or omission of the County or Districts which occurred or is alleged to have occtffred concerning the use by County or Districts of the Property. This indemnification provision shall not be. construed as a waiver of any limitation of liability to which the County or Districts may be entitled under Section 768.2g, Florida Statutes. I 1. PHor to Closing, County' shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Properly upon their recording in the public records of Collier County, Florida. Owner agrees to. assist the County, if needed, in obtaining such documents prior to closing. 12. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) days from the date the last party executes this Agreement; provided; however, that County and Districts shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's and Districts' enjoyment of the Property. 13. All parties are aware and understand that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida, the East Naples Fire Control and Rescue District, the North Naples Fire Control and Rescue District and the School Board of Collier County, Florida. This Agreement shall be effective as of the date of the last party's execution. 14. Owner represents, to the best of its knowledge but without investigation, that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County and Districts; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County and Districts, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Properly or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or n-ansfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 15. The County and Districts shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, tn the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by County and Districts. The cost of a title commitment shall be paid by County and Districts. 16. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 17. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or pren'uses other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 18. If the Owner holds the Property in the form of a partnership, limited parmership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County and Districts, their successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) AOENI;3A ITEM_ 3. No. NOV 13 2001 19. All terms of this Agreement shall survive closing and be incorporated by reference in the Easement to be granted. The form of the Easement is attached hereto. 20. The Easement granted pursuant to this Agreement ~hall terminate if the property serviced by the Easement is ever used for a purpose other than as an Emergency Medical Service and/or Fire Station facility, or other public purpose. In such event, County and Districts agree to record a termination of their easement rights. 21. Owner may impose reasonable restrictions and/or requirements in connection with the use of the Easement during periods of construction, including limiting the time for delivery of materials, fencing or other requirements as may be deemed necessary by Owner in order to facilitate the operations of Poinciana Elementary School or the safety of its students 22. Florida This Agreement is governed and construed in accordance with the laws of the State of _~_.~- IN \VIT~NES~ WtII~REOF, the u~ndersigned panics have caused these presents to be executed th~s day of 5e~'Yo.~ec ,2001. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY AND DISTRICTS: DATED: ATI'EST: DWIGHT E. BROCK, Clerk , Deputy Clerk DATED: JO- ~- O{ , Secretary DATED: /o- /~ -o / Secretary AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James D. Carter, PIt.D., Chairman EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT lhomas Cannon, Ch"airman NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT ,9 4 'By: ~ TttE SCttOOL BOARD OF COLEIER COUNTY, FLORIDA Anne Goodnight, ag Chair Approved as to form and Assistant County Attorney 35026.2_3 NOV 1 3 2001 Exhibit "A" The North 100 feet of the West 330 feet of the East 430 feet of the Norlheast quarter (NE %) of the Northeast quarter (NE tA) of Section 26, Township 49 South, Range 25 East. EXECUTIVE SUMMARY APPROVE THE PURCHASE OF EQUIPMENT NECESSARY TO CONVERT A $ TON MACK TRUCK TO A FIRE SERVICE BRUSH TRUCK, DESIGNATE ELITE FIRE & SAFETY EQUIPMENT, INC. AS SOLE SOURCE VENDOR AND APPROVE BUDGET AMENDMENTS TO TRANSFER AND APPROPRIATE FUNDS FROM RESERVES FOR CONTINGENCIES OBJECTIVE: Approval to convert a donated Mack truck to a fire service "brush" truck using funds from Reserves for Contingencies, and to designate a sole source vendor for the conversion. CONSIDERATION: Naples Community Hospital has donated to the Ochopee Fire Control District a 1955, 5-ton military flat bed truck. The truck is in excellent condition and can be easily converted to a "brush" truck for use in fighting wildfires. The wildfires occurring in Collier County over the past two years have highlighted the need for additional vehicles including "brush" trucks. Additionally, the truck will be used when responding to local and state mutual aid requests. The cost to convert the truck is estimated at $30,000, which includes the cost of the apparatus unit and communication equipment. A new, fully equipped "brush" truck would cost, at a minimum, $133,000. Elite Fire & Safety Equipment, Inc. is the only vendor able to supply and install the equipment and will need to be designated the "sole source" for this project. The communication equipment is recommended for purchase from Communications International, the County's 800 MHZ radio provider under a previous authorization from the Board. FISCAL IMPACT: The State of Florida reimbursed Collier County for expenses incurred in the Merritt Fire of April 2000. The reimbursement monies were placed into the General Fund. $30,000 would be transferred via budget amendment from General Fund Reserves for Contingencies to the Ochopee Fire Control Fund (146). The Ochopee Fire Control Fund will increase $30,000 by recognizing revenue and appropriating expenses with a second budget amendment. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Commissioners approve the conversion of the Mack truck, waive the formal competitive threshold, approve purchase orders with Elite Fire and Safety Equipment, Inc. as the "sole source" vendor, and approve the necessary budget amendments. SUBMITTED BY: Chief Paul WilsOn, Ochopee Fire Control District S , --'1~' 'ng/General Services Director APPROVED BY: ~/.-~z/./~,4~~ Date: ~5'/~/~./ Thomas Storrar, Emergency Services Administrator NOV 13 2001 ELITE Fire & Safety Equipment, Inc. 3573 Enterprise Ave. #64 Naples, Florida 34104 1-941-643-4140 1-800-643-4104 FAX E-Maih elitefoam @aol.com Website: www. elite-fire.com TO: Chief Rodriguez Isles of Capri Fire From: JR Elite Fire & Safety ITEM NO. QTY 1.00 DESCRIPTION : UNIT, UNIT PRICE 750/30 ELITE 6X6 SKID UNIT ea JNIT INCLUDES: 2.5" FLOATING STRAINER 150' 1.5" HEATWAVE HOSE (2) GATED WYES 1.5" FRONT DISCHARGE LINE I REAR BRUSH FRAME W/BUILT IN STEPS (2) 2.5" SUCTION HOSE ',2) NOZZLES ~2) REAR RED FLASHERS (2) HEADSET FIRECOM SYSTEM SUCTION HOSE MOUNTS ;IREN W/(2) SPEAKERS .IGHTBAR Tax rate: % Subtotal Tax Total TOTAL 25,818.59 25,818.59t 25,818.59~ Specializing In: Fire Apparatus, Fire Fighting Equipment, Foam & Wildfire Equipment 24 HOUR EMERGENCY FOAM SUPPLY 1-800-432-FOAM (3626) AGENDA No. /~, NOV 13 2 01 MM ICATIONS " INTERNATIONAL, INC. Indian Rlyer Cmmtv, FL. Coruorate I:[eadqum~-ra ~1~$ T~ F~: ~ ~W, FL H~ FL ~ ~ ~~ FL 94143~3892 8~5-3170 ~5485-1585 813~87-1888 Nm: ~ of~ F~ ~t A~fi~: Chef ~ A~s: 365 C~ ~ ~: 394.8770 Zip: 34113 ~: ~y 9, 2~1 1 1 D28.MPX OR_ION PROVOICE, 800 MItZ, 35W $2,452.50 $2,452.50 l D2ZN1B !ACCESSORIES, Front Motmt w/ext option r~blo $11250 $112.50 I D2CPSL SCAN CONTROL UNIT, Front Mount $337.50 $337.50 I D2.MC3Z MIL 8PEC~} MICROPHONE $56.25 $56.25 I 3eib O~IN ANTENNA. 800 MHZ $40.00 $40.00 2 1 IpROORAMMINO $45.00 $45.00 3 t !IlCST~J,.A~ION $450.00 $450.00 1 :Sl:fippi~ and handling $12.50 S1250 Not~ Sub Total $3,506 25 ~rcha~ Order Ta: COM/~ZINICATIONS INI'I~ INC. Sal~s Tax 44~} US ltlghavay 1 TOTAL $3,506.25 Veto B~r.h, lq~ -32967 Dopoait Bidance Du~ $3,506.25 l>urcha,e Order To: CO1Vll~rUNICATIONS INI'I~ INC. 44~0 US ltlghway 1 Veto l~ar.h, lrL .32967 Fax: ~61-~67-2~.92 ALI w~ mz mm~i,otxaz~ wm'r~t~a All on~ m'e subject m ~hippiag & tamdlm8 ch~r~s T~lc DL~r~t Sal~s ~ Pri~es in ~[oct f~r :30 DAYS TW O85 I A(~ENDA FI'.EM No. /a/z ~ NOV 13 200 EXECUTIVE SUMMARY APPROVE A LEASE PURCHASE AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND FORD MOTOR CREDIT COMPANY FOR THE PURCHASE OF A 2001 FORD EXPEDITION BY THE OCHOPEE FIRE CONTROL DISTRICT OBJECTIVE: Obtain Board of County Commissioners approval and authorization for the Chairman to sign a Lease Purchase Agreement with Ford Motor Credit Company for the purchase of a 2001 Ford Expedition by the Ochopee Fire Control District. CONSIDERATION: The Ochopee Fire Chief's vehicle, a 1995 Chevy Suburban with 182,000 miles, sustained salt-water damage during Tropical Storm Gabrielle and is in need of replacement. Fleet Management has advised that, within one year, the vehicle will be unreliable and unsalvageable. An emergency lighting system, 800 MHZ radio, and departmental decals are necessary in order for the vehicle to be used as a First Response/Command vehicle. At the end of the Five (5) Lease Agreement, the vehicle will be titled to the Ochopee Fire Control District. FISCAL IMPACT: The total amount of the Lease Purchase Agreement is $32,024 payable over a five (5) year period at $6,405. per year. The lease pricing is based upon the County's annual vehicle purchase contract. The estimated cost of the equipment necessary to place the vehicle in service is $4,000. Funds for the vehicle and for the additional equipment have been budgeted in Fund 146, Ochopee Fire Control District. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the Lease Purchase Agreement with Ford Motor Credit Company for the purchase of a 2001 Ford Expedition. SUBMITTED BY: Paul Wilson, Chief Ochopee Fire Control District REVIEWED BY: APPROVED BY: StexTe Came-l~, Purchasing D~rector Thomas Storrar, Emergency Services Administrator Date:///~/ NOV 1 3 2001 Ford Motor Credit Company 1 Amedcan Road P,O. Box 1739 Dearbom, Michigan 48121-1739 October 5, 2001 Mr. Stephen Y. Camell, Purchasing Collier County Board of Commissioners, Ochopee Fire Dept. 3301 Tamiami Train E. Naples, FL 34112 Subject: Master Equipment Lease-Purchase Agreement - Lease No. 7146300 Dear Mr. Y. Camell: Enclosed are the subject documents for the Equipment being acquired from Tamiami Ford. Please review the · following documentation for accuracy: · Master Equipment Lease-Purchase Agreement - Please sign where indicated. · Amendment - Please sign where indicated. If not appropriate, line through the form and return unsigned. · Schedule 7146300, Page 1 - Please sign where indicated. · Delivery and Acceptance Certificate(s) - Please sign and indicate.the date the Equipment was accepted by you or your authorized representative. , Temporary Insurance Form - Please complete and sign where indicated. · 8038-GC - Please review and sign where indicated. On your behalf, we will forward the signed odginal form to the IRS. Also enclosed is an invoice for the first payment check payable to Ford Motor Credit Company in the amount of $6,404.72 for the first payment. Please return the check and all signed original documents by 10117101, preferably to the express mail address below. If documents cannot be returned by this date, or if you have any questions, please call me at 1-800.241-4199, Ext. 172, and refer to Schedule 7146300. Ovemi;iht/Express Delivery Ford Motor Credit Company Commercial Lending - MD 7500 1 American Road, Suite 2277 Dearborn, MI 48126 ATTN: Linda Adamus, Municipal Finance U.S. Regular Mail Ford Motor Credit Company Commercial Lending - MD 7500 P. O. Box 1739, Suite 2277 Dearborn, MI 48121-1739 ATTN: Linda Adambs, Municipal Finance After the documents are signed for Ford Motor Credit Company, a set of copies will be sent to you. Sincerely, Enclosures Patricia Walker Municipal Finance PLEASE NOTE: The interest rate may be subject to a rate increase or require a rate extension~fee if the documents are not returned by 1113012001. //~ ~i~(:./~'~ I AGENDA IT~EM No. //.,~ ~ I Nov 3 2om FORD MOTOR CREDIT COMPANY MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 7146300 Lessee: Collier County Board of Commissioners 3301 Tamiami Train E. Naples, FL 34112 Lessor:. Ford Motor Credit Company P. O. Box 1739 Daarbom, MI 48121-1739 Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the equipment, including ail modifications, alterations, additions, or improvements thereto (the 'Equipment'), deec,"ipad in the Schedules (the 'Schedules') hereto executed from time to time by Lassor and Lessee, in accordance with the following terms and conditions of this Master Equipment Leeea.Purchaee Agreement ('Master Agreement') and the applicable Schedule, As provided in Section 17 hereof, Lessor may assign its dghts and interests under and related to any one or more Schedules. If none of Lassor's interest in, to and under any Schedule has been assigned pursuant to Section 17 hereof, or if all of Lussofa interest in, to and under thLs Master Agreement and all Schedules have bean assigned to the same assignee without any reassignment, the term "Lease' Is used herein to mean thLs Master Agreement, including ail Schedules. If Leesor's interest In, to and under any Schedule or Schedules has been assigned or reassigned pursuant to Section 17 hereof, the term "Lease" is used herein to mean all Schedules that have the same Lessor and this Master Agreement as it relates to those Schedules and the Equipment listed therein, and each Lease shall constitute a separato single lease relating to that Equipment. 1, TERM AND TERMINATION. (a) Lease Term. The lease term (the 'Lease Term") for the Equipment listed in each Schnduie will commence on the date that Equipment is accepted pursuant to Section 3 and, unless earlier terminated as expressly pmvidnd for in Paragraphs 6, 19 or 20 of thLs Master Agreement, will continue until the expiration date (the 'Expiration Dato') sat fo~h in the applicable Schedule. The termination or expiration of the lease of any Item of Equipment shall apply solely to that Item of Equipment and will not result in the termination of this Master ,Agreement or the lease of any other item of Equipment, and the rights and obllgatlon~ of Lessor and Lessee under thLs Master Agreement shall continue in full force and effect with respect to the remaining Equipment subject to this Master AgmemanL (h) Term of Ma~ter Aoreemant. The term of this Master Agreement shall commence on the date it LS executed by Lessor and Lessee, and will centinue unit terminated by either Lessor or Lessee upon at least thirty days prior written notice of the efta:rive date of such termination (the 'Termination Date'); provided, however, that the terms and conditions of this Master Agreement shall continue in fill force and effect and the obligations of Lessee hereunder and any Schedule(s) with respect to Equipment leased pdor to the Termination Date shall remain In MI force and effect un~l all such obligations have been fulfilled. 2. LEASE PAYMENTS.. For the lease of the Equipment listed in each Schedule, Lessee shall pay to Lessor the lease payments and other charges (the 'Lease Payments'} set forth in the applicable Schedule and this Master Agreement. Aa set forth In the applicable Schedule, eech Lease Payment Includes a prindpal portion and an interest portion. The Lease Payments wlU be payable without notice or demand at the office of Lessor (or such other place as Lessor or ils assignee may from time to time dasignato In writing) on the first Lease Payment Date and thereaRer es set forth in the applicable Schedule. If any Lease Payment is received later than ten (10) days ara' the due date, Lessee will pay a late payment charge equal to 1.8% of the amount of the Lease Payment or the maximum amount permitted by law, whichever is less. Except as specJflcally provided in Section 6 hereof, the obligation of Leeeae to make the Lease Payments hereunder and perform all of its other obligations hereunder will be absolute end unconditional in all events and will not be subject to any aetoff, defense, counterclaim, or recoupment for any reason whatsoever Including, without limitation, any failure of the Equipment to be delivered or installed, any defects, malfunctions, breakdowns er Infirmities in the Equipment or any accldeat, condemnation or unforeseen circumstances. Lessee reasonably believes that sufficient funds can be obtained to make all Lease Payments dudng the applicable Lease Term and hereby covenants that the official of Lessee responsible for budget preparation will do all things lewfu[ly within his or ha' power to obtain, maintain and property request and pursue funds from which the Lease Payments may be made, Including making provisions for Lease Payments to the extent necessary in each budget submitted for the purpose of obtaining finding, using his or her best efforts to have such portion of the budget approved end exhausting ail available administrative reviews and appeals In the event such portion of the budget is not approved. It is Lessee's intent to make Lease Payments for the full Lease Term if finds are legally available therefor and !n that regard Lessee represents that the use of the Equipment is essential to its proper, efficient and economic operation. The foregoing provisions shall not be construed to require Lesaas's governing body or other governmental body cha~ged with budgeted or appropriating funds for Lessee to budget or appropriate finds to make Lease Payments. Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments hereunder and each Schedule hereto shall constitute a cunent expense of Lessee and shall not in any way be cenatrued to be a debt of Lessee in contravention of any applicable constitutional or statutmy limitation or requirement concerning the creation of Indebteclnaea by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or manias of Lessee. 3. DEIJVERY AND ACCEPTANCE. Lessee will cause the Equipment to be 'delivered to Lessee at the location specified in the applicable Schedule ('Eqpipment Location'). Lessee will pay all transportation and other costs, if any, Inccn'ed in connection wtih the delivery and inatatletion of the Equipment, Lessee will accept the Equipment aa soon as it has been delivered and ie operational. Lessee will evidence its acceptance of the Equipment by executing end datlvedng to Lessor a Delivery and Acceptsnee Cerflticate (in the form pmvidnd by Lessor)within three days of delivery of the EquipmenL 4. WARRANTIES. {a) A~lonment of Warranties. So long as J~o Event of Default has occurred and LS continuing, Lessor assigns to Lessee dtatng the Lease Term of the Equipment all menufacturefs warranties, If any, expressed or implied with respect to the Equipment, and Lessor authorizes Lessee to obtain the customary ee~icea furnished in connection with such warmntlas at Laseee's expense. Lnsnse will resolve any claims under such warranties directly with the appmprfato manufacturer or vendor. Laseee's sole ranedy for the breach of any warranty shall be against the party providing the warranty, and not against Lessor. Lessee expressly acknowledges that Lessor makes, A(3ENDA IT~ No, /~: ff ~ NOV 13 2001 and has made, no representations or warranties whatsoever as to the existence or the availability of such wamantlee of the manufacturer or vendor of the Equipment. (b) DISCLAIMER OF WARRANTIES. LESSEE ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS OF A SIZE, DESIGN AND CAPACITY SELECTED BY LESSEE, THAT LESSOR IS NFJTHER A MANUFACTURER NOR A VENDOR OF THE EQUIPMENT AND THAT LESSOR LEASES AND LESSEE TAKES THE EQUIPMENT AND EACH PART THEREOF 'AS-tS' AND THAT LESSOR HAS NOT MADE, AND DOES NOT MAKE, ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABIUTY OF THE EQUIPMENT iN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE, OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT THERETO, IT BEING AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND LESSOR SHALL NOT BE OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT AND THE MAINTENANCE THEREOF. 5. RETURN OF EQUIPMENT. Unless Lessee shall have exemised its pumhase option as provided in Section 20 hereof, upon the expiration or earlier tan'nlnation of the Lease Term of the Equipment pursuant to the terms hereof, Lessee shall, at its sole expense but at Lessers option, return the Equipment to Lessor packed for shipment In accordance with manufacturer's specifications and freight prepaid and insured ID any location within 200 miles of the Lessee. 6. NON..APPROPRIAT1ON.OFFUNDS. N~withstandinganythingccnta~nedinthIsMastorAgraemant~ranySchedulet~thec~nb`ary~ in the event no finds or tnsuffclent funds are approphated and budgeted and sufficient funds ara otherwise unavailable by any means whatsoever in any fecal perlnd for ali Lease Payments under a Lease, Lessee will immediately notify Lessor in wdting of such occurrence and the Lease Term for the Equipment under that Lease shall terminate on the last day of the ~cal period for which auf~ent approprle~ns have been received or mode without penalty or expense to Lessee, except as to Leasee's obligations and liabilities under thts Master Agreement relating to, a' accruing or arising prior to, such termination. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment under that Lease to Lessor on the data of such termination In the manner set forth in Section 5 hereof and Lessor will have ail legal and equitable rights and remodlas to take possession of the Equipment. If the Lease Term for any Equipment is t~minatod In accordance with this Section, Lessee egress, to the extent permitted by !aw, that Lessee will not expend funds for the purc~ or uss of equipment pe~rmlng functidna similar to those performed by the Equipment which has been terminated for a period of 90 days following the termination of the Lease Term; providod this restriction shall not be applicable In the event that the Equipment Is so!d, released or otherwise dlslx~od of by Lessor and the amount received from such dispceitlon, leas all costs of such sale or disposition, Is sufficient to pay ail then applicable Concluding Payments (as defined in the S~edulas) orto the extent that the application of thsee ra$1rictlona Is unlawful and woutd affect the validity of a Lease or this Master AgrssmenL ThIs Section shall remain in full force and effect notwithstanding the ~ermination of this Master Agreement or any Lease Term. 7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee represents, covenants and warrants as of the date hereof and at all limas during the Master Agreement Term that: (a) Lessee is a State or a fully constituted political subdivision of a Stats, and has a sub~tonttai amount of one or more of the following sovereign powers: (1) power to tax, (2) power of eminent domain, or (3) police power, and will do or cause to be done all things necessary to preserve and keep in full force and effect ~ exIstence and this Master Agreement; {b) the execution, dailva7 and parformenca by the Lasses of this Master Agreement' and all documents executed in connection berawflh, Including, without limitation, ail Schedules hereto and the Delivery and Acceptance CertJfcatas refen'ed to In Section 3 hereof (this Master Agreement togethor with all such documents shall be codeotively raferrsd to herein as the "Lease Documents") have been duly authorized by all necessary action on the part of the Lessee; (c) the Lease Documents each constitute a legal, valid and binding obligation of the La&sss enforceable in acccrdanca w~ their respective terms; (d) all required public bidding pmcadures regarding the awan:l of the Master Agreement and the purchase of t~e Equipment have been followed by Lessee, and no governmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations ara required to be filed in connection with the execution and delivery of the Lease Documents; (e) Lessee has sufficient appropriations or other funds available to pay ali Lease Payments end uther amounts due hereunder for the current fiscal period; (f~ the use of the Equipment by Lessee is esssotlal to and will be limited to the periimmanca by Lessee of one or more governmental functions of Lessee consistent with the permias~le scope of Leasee'e authority; and (g) no portion of the Equipment will be used directly or indlracily in any I~abe or business carried on by any person other than Lessee. At the rabuast of Lessor, Lessee shall deliver to Lessor an opinion of Lassee's counsel In form and substance as sa forth In the form of opiNon of counsel attached hereto or othanviss acceptable to Lessor, dated the data of acceptance of the Equipment pursuant to Section 3 hereof. In the event that a question arisas as to Lasaee's qualification as a political subdivision; Lessee agrees to cooperate with Lessor th make application to the Internal Revenue Sewiee for a tatter ruling with respect to the Issue. $. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vast in Lessee subject to Leesofs rights under this Master Agreement; provided, however, that ltlJe will Immedletaly vest in Lessor witheut any scion by Lessee and Lessee shall Immadlataiy surrender possession of the Equipment to Lessor in accordance with Section 5 hereof, if Lessee terminates the Lease Tem~ of the Equipment pursuant to Se~on 6, or upon the occun'ence of an Event of Default, or ff Lsssse does not exercise the purchase option prior to the Expiration Data. In order to secure all of ~ obligations hereunder, Lsseee hereby (a) grants to Lessor a flint and I~r security interest In any and all right, iltie and tntereat of Lessee in the Equipment Including but not limited to computer programs and computer documentation, if any, relating to the Equipment end in all additions, attachments, accessions, and sul:~na thereto, and on any proceeds therefrom, (b) agrees that this Master Agreement may be fled as a fnancing statement evidencing such security Interest, (c) agrees to execute and deliver all financing statements, certificates of title and'other Instruments In form saiisfacto~y to Lessor necessary or appropdata to evidence such security interest, and (d) authorizes Lessor acting on behalf of Lessee to execute and file any financing statements and to take any other action required to perfect Lansor's security interest in the Equipment. Ne. /4,~ ~, .~ NO_V__] 3,2QO! PI~ ,, L/ , 9. USE; REPAIRS. Lessee will uss the Equipment in e cemful manner for the use contemplated by the manufacturer of the Equip- mem. Lessee shall comply with all laws, ordinances, insurance policies and regulations relating to the possession, use, operation or maintenance of the Equipment. Lessee, at Its expanse, will keep the Equipment in good working order and repair and furnish all parts, mechanisms end devices required therefor. .10. ALTERATIONS. Lessee will not make any modifications, aitemlJons, additions or improvements to the Equipment without Lessors prior written consent unless such alterations, additions or improvements may be madliy removed without damage to the Equipment. 11. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rolling stock, its permanent base will not be changed from the Equipment Location without Lassor's prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere dudng reasonable business hours to inspect the Equipment or observe its use and operation. 12. lIENS AND TAXES, Lessee shall keep the Equipment flee and clear of all levies, liens and encumbrances except those created under this Master Agreement. Lessee shall pay, when due, to the extent required by law, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, pnssasslon or usa of the Equipment, excluding however, all texas on or measured by Lessors income, if Lessee fails to pay said chargas, or taxes when due, Lessor may, but need not, pay said charges or taxes end, in such event, Lessee shall reimburse Lessor therefor on demand, with interest at the maximum rote permitted by law from the date of such payment by Lessor to the date of reimbursement by Lessee. 13. PJSK OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all risk of less of or damage fo the Equipment from any cause whatsoever, and no such Ices of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shell relieve Lessee of the obligation to make Lease Payn)ants or to perform any other obligation under this Master Agreement. In the event of damage to any item of Equipment, Lessee will Immediately place the same in good repair, with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, dasEoyed or damaged beyond repair, within 30 days of such determination, Lessee, at the option of Lessor, will either (a) replace the same with like equipment in good repair, or (b) pay Lessor an amount equal to (1) the Concluding Payment for the immediately preceding Lease Payment Date as set forth in the applicable Schedule, (2) the acc~tJed interest portion of the next Lease Payment through the date such amount is paid, and (3) all other amounts then due under this Master Agreement with respect~to such Equipment. In the event that Lessee Is obligated to make such payment pursuant to subparagraph (b) above with respect to lass than all of the Equipment, Lessor will provide Lessee with the pro rots amount of the Concluding Payment to be made by Lessee with respect to the Equipment which has suffered the event of Joss. 14. PERSONAL PROPERTY. The Equipment Is and will remain personal property and will not be deemed to be affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lassea's expense, furnish a waiver of any interest in the Equipment Eom any party having an interest In any such real asters or building, 15. INSURANCE. Lessee, will, at ils expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covedng such risks, and with such insurers satisfa~ to Lessor, or may serf-insure against any or all such risks under a salf-insurenca program satisfactory to Lessor. In no event va] the Inswanco limits be less than the amount of the then applicable Concluding Payment with respect to such Equipment. Each insurance potlcy will name Lessee ss en Insured and Lessor as an additional insured, and will contain a clause requiring the Insurer to give Lessor at least thirty (30) days prior written nolice of any alteration in the terms of such policy or the cancellation thereof..The proceeds of any such polldee or self- insurance will be payable to Lessee and Lessor as their Interests may appear, Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidendng such Insurance. In the even/that Lessee has been permitted to self- insure, Lessee will furnish Lessor with a letter or certificate to such effect, In the event of any loss, damage, injury or accident Involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and dacumentidton relating thereto and shall pan'nit Lessor to participate and cooperate with Lessee in making any claim for insurance in rasPect thereof. 16. INDEMNIRCATION. Since Lassor'e sole responsibility In connection with thla transaction is to provide an amount equal to the I~nclpal portion of the Lease Payments to pay coats of the acquisiiton and lease of the Equipment, the p81~ Intend that Lessor incur no liability, cest or expense with respect to Lessas's possession, use or operation of the Equipment. Accordingly, Lessee agrees, to the extent pormitted by law, to Indemnify Lessor against, and hold Lessor harmless from, any and ail delrue, sclidns, proceedings, expeesas, damages or Ilabitltlas, including attorney's fees and court costs, a~sing in connection with [ha Equipment, Indeding, but not limited to, Its selection, purchase, delivery, Installation, possession, use, operation, rejection, or return and the recovery of claims under insurance polities thereon. The indemnification provided under this Seclton shall survive the full payment of all obligations under this Master Agreement or the termination of the Lease Term for any reason. 17. ASSIGNMENT. Without Leasors prior written consent, Lessee will not either (a) assign, Inulsfer, pledge, hypothecate, great any sasurtty interest in or othef'wiee dispose of this Master Agreement or the Equipment or any interest in this Master Agreement or the Equipment or (b) sublet or lend the Equipment or permit It to be used by anyone other than Lessee or Lassea's emptoyees. Lessor may sssign ~ rights, ti'de and interest In and to thlil Master Agreement, the Equipment and any documents executed with respect to this Master Agmemant and/or gmat or assign a security Interest in this Msster Agreement and the Equipment, in whole or in part (including without limitations the rights and imaests of Lessor under and related to any Schedule and the Equipment thereunder), and Lessee's rights will be subordlnstsd thereto. Any such assignees shall have all of the rights of Lessor under this Master Agreement with-respect to the rights and Intem~t esalgaeq. Subject to the foregoing, this Master Agreement Inure8 to the benefit of and hi binding upon the succsssore end assigns of the pmtJea hereto. Laseee covenants and agrees not to assert agalest the assignee any claims or dafensas by way of abatement, satoff, counterclaim, mcoupmant or the like which Caseaa may have against Lessor. Upon assignment of Lessors interests herein, Lessor wil~ cause written notice of such ssalgnmant to be sent to Lessee which will be suffldent if it discloses the name of the assignee and address to which further payments hereunder should be mede. No further astlon will be required by Lessor or by Lessee to evidence the assignment, but Laseee will acknowledge such assignments in writing if so requested. Lessee shall retain all notices of assignment and maintain 8 hook-entTy record (as NOV I refan'ed to in Section 21) which identifies each owner of Lessor's interest in the Master Agreement, Upon Lessee's receipt of written notice of Lsss~s assignment of all or any part of its interest in the Master Agreement, the term 'Lessor," wt~en used herein with respect to any rights assigned, shall mean the assignee to whom those rtgl~ts are assigned and Lessee agrees to attain to and recognize any such assignee as the owner of Lessor's interest in this Master Agreement, and Lessee shall thereafter make such payments, including without limitation such Lease Payments, es are indlceted in the notice of assignment, to such assignee. 1~, EVENT OF DEFAULT. The term 'Event of Default,' as used herein, means the occurrence of any one er more of the following events: (a) Laseae fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of this Master Agreement, and any such failure continues for ten (10) days after the due date thereof;, (b) Lessee fails to perform or observe any other cove- nant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within thirty (30) days after whhan not,ce thereof by Lessor;, (c) the discover7 by Lessor that any statement, representation, or warrant'/ made by Lessee in this Master Agreement or in any writing ever delivered by Lessee pursuant hereto or in connection herewith was false, misleading, or erroneous in any matedal respect;, (d) Lessee becomes insoivenL or is unable to pay its debts es they become due, or makes an assignment for the benefit of c-editors, applies or consents to the appointment of a receiver, ~atee, conservator or liquidator of Lessee or ef any of Its assets, or a petition for relief is filed by Lessee under any bankruptcy, insolvency, reorganization or simifar laws, or a petition In, or a proceeding under, any bankruptcy, insolvency, reorganization er stmiler taws is filed or instituted against Lessee and Is no{ dismissed or fully stayed within thirty (30) days a~r the fling or institution thereof;, (e) Lessee fails to make any payment when due or fails to perform or observe any covenant, condition, or agreement to be pa~rmed by it under any other agreement or obligation with Lessor or an afliliata of Lesser and any applicable grace period or notice with respect thereto shall have elapsed or been given; or (f) an attachment, levy or execution is threatened or levied upon ~ against the Equipment. 19, REMEDIES. Upon the occurrence of an Event of Default under any Lease, and as long as such Event of Default under any Lease is continuing, Lessor may, at Its optlop, exercise any one or more of the following remedies: (a) by written notice to Lessee, deciere an amount equal to all amounts then due under that Lease, and ail remaining Lease Payments due under that Lease during the fiscal year of Lessee in which the default occurs to be Immediately due and payable, whereupon the same shall become immediately due and payable; (b) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessea's expense, promptly return the Equlpmeot under that Lease to Lessor In the manner set forth in Section 5 hereof, or Lesser, at Its option, may enter upon the premises where the Equipment under that Lease is located and take immediate possession of and remove the same; (c) sell or lease the Equipment under that Lease or sublease it for the account of Lessee, hnldlng I.'.essee liable for all Lease Payments and other payments due to the effent~ve date of such selling, leealng or subleasing and for the dlfferance between the amounts othanvise payable by Lessee under that Lease and the purcheae price, rental and other amounts paid by the purchaser, lessee or subtessee pursuant to such sale, lease or sublease; and (d) exercise any other dght, remedy or privilege which may be available to it under applicable laws of the state where the Equipment Is then Ioosfad or any other eppllcabid law or proceed by appropriate coat action to enforce the terms of that Lease or to recover damages for the breach of that Lease or to rescind that Lease aa to any or ail of the Equipment under that Lease. In addition, Lessee will remeln liable for all covenants and indemnibea under this Master Agreement and, to the extent permitted by law, for all legal fees and other coats and expenses, including court costs, incurred by Lessor with respect t~ the enforcement of any of the remedies listed aix3ve or any other remedy avallabis to Lessor. 20. PURCHASE OPTION. Upon at least thirty (30) days pdor writfan notice from Lessee to Lessor, and provided that no Event of Default has occurred and Is continuing, Lessee will have the ~ht to purchase the Equipment under any Schedule at a purchase pdce equal to the sum of (a) the Concluding Payment for the immediately preceding Lseee Payment date as'set forth in the applicable Schedule, (b) the accrued interest po~on of the next Lease Payment through the date the purchase price is paid, and (c) any other amounts then due under this Master AgmemenL Upon satisfaction by Lessee of such pumhasa conditions, Lessor will transfer any and ail of ~ right, title and interest in the Equipment to Lmee es is, without warranty, express or implied, except Lessor will warrant that the Equipment is frae and clear of any liens created by Lesenr. 21. TAX COVENANTS; INDEMNrrY. (a) T~X AssumP{jons and Cov~nants. The parties assume that, end Lessor is entering into this Master Lease with the expacfatio~ that, Lessor can exclube from Fede~ gross income the interest portion of each Lease Payment set forth in the Schedule under the column captioned 'Interest Portion.' Lessee covanant~ I/tat It will (a) execute the appropriate Form 8038 fa' each Schedule prepared on behalf of Lessee by Lessor, who will register this Master Agreement and transfers thereof In accordance with section 148(a) of the Internal Revenue Code of 1986, as amended (the 'Code"), and the mguistlona thereunder, (b) not permit the propart7 financed by this Master Agreement to be directly or Indirectly used for a pdveta business use within the meaning of section 141 of the Code, (c) not take any action which results, directly or indire~y, in the interest po~on of any Lease Payment not being excludable from FedereJ gmea income pursuant to section 103 of the Code and will fake any reasonable action necessary to prevent such moult, and (d) not take any action which results in this Master Agreement becoming, and will take any reasonable action to prevent this Master Agreement from becoming an arbitrage obligation within the meaning of section 148 of the Code or federally guaranteed within the meaning of section 149 of the Code. (b) Tax Indemn~. In the event that Lessor either (a) receives notice from the Internal Revenue Service, or (b) reasonably patermtnas, based aa an opinion of Independent tax counsel eelsot~ by Leaso~ and not reasonably objected to by Lessee within tea (10) da~ after nodes from Lessor of the selection, that the interest po~on of any of the Lease Payments set f~ in the Schedules is includable in !.e~s gross income for Federal income tax purposes, lhen Lessee will pay Lessor within 30 days alter receiving notice from I. aseor of such detonation, the amount wt~ich, with mapact to such Lease Payments previously paid, will restore the alfar-tax yield (alter taking Into account all taxes, intemat and penalties) on the transactions evidenced by this Master Agreement to that which would have been had such interest portion not been includable in Lessors gross income for Federal income tax parposea, and pay as an additional Leese Payme~ on. succeeding Lease Payment due dates such amount as wilt maintain such alter-tax yield. Nob¥1thsfandlng the eadlor termination or expiration of ~is Master Agreement or Lease Term of the Equipment, the obligations provided for In this Section 21 shall survive such eerlier termination or sxpire~. 22. MISCELLANEOUS. (a) N0PW.s. All notices to be given under this Master Agreement shall be made in writing and mailed by osrtifind mall, return reostpt requested, to the other part7 at its address sat forth herein or at such address as the party may provide In wrffing from time to Ume. Any such notice shall be deemed to have bean received live days subsequent to mailing. AGENDA IT~M I NOV 13 2001 (b) Section Headings.. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Master Agreement. (c) Governing Law.. This Master Agreement shall be construed in accordance with, and govemed by, the laws of the state of the Equipment Location. (d) Delivery of Related Documents. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Master Agreement. (e) Entire Aareement. The Lease Documents constitute the entire agreement between the pai'tias with respect to the lease of the Equipment, and this Master Agreement shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of this Master Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Master Agreement. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. (f) interest Rate Limitations. It is the intention of the parties hereto to comply with any applicable usury and other interest rate limitation laws; accordingly, notwithstanding any provisions to the contrary in this Master Agreement; in no event shall this Master Agreement require the payment or permit the collection of interest or any amount in the nature of interest or fees in excess of the maximum permitted by applicable law. (g) Counterparts. This Master Agree,merit or any Schedule may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument and either of the parties hereto may execute this Master Agreement or any Schedule by signing any counterpart, except that to the extent that this Master Agreement of any Schedule constitutes chattel paper, no security interest therein may be perfected through possession except by possession of Counterpart No. 1 of a Schedule with respect to that Schedule and the Master Agreement as it relates to that Schedule. IN WITNESS WHEREOF, the parties have executed this Master Agreement as of 10/10/2001. Lessee: Collier County Board of Commissioners Lessor:. .By: By: James D. Carter, Ph. D. Ti~e: Title: Chairman /~l~or Credit Company F~nk,~la~trell'a'-' / .... O~erations Manager, Municipal Rnance Approved as to form and legal sufficiency: Jacqueline Robinson Assistant County Attorney A(~ENDA iTEM NOV ] 3 '2001 Page 1 SCHEDULE 7146300 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 7146300 This Equipment Schedule dated as of 10/10/2001, is being executed by Ford Motor Credit Company ("Lessor"), and Collier County Board of Commissioners ("Lessee"), as a supplement to, and is hereby made a part of that certain Master Equipment Lease-Purchase Agreement dated as of 10/10/2001 ("Lease"), between Lessor ~nd Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, and following items of Equipment: QUANTITY DESCRIP~'ION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 1 2001 Ford Expedition 1FMTU16L32LA32741 Tarniami Ford EQUIPMENT LOCATION: Collier County Board of Commissioners Ochopee Fire Dept. 3301 Tamiami Train E. Naples, FL 34112 Initial Term: 60 Months Commencement Date: 10/10/2001 Periodic Rent: 4 Consecutive Annual in Advance Payments of $6,404.72 each (including interest), followed by one final payment of $6,404.68, due under this Lease. The Periodic Rent Payment also includeS any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in Schedule 7146300, Page 2. EXECUTED as of the date first herein set forth. LESSEE: Collier County Board of Commissioners LESSOR: Ochopee Fire Dept. By: ' By: Jam~s D. Cactec, PhD Title: Chaicman Title: Ford Motor Credit Company ' ~Perations Manager, Municipal Finance · Counterpart No. 1 of 1 manually executed and serially numbered counterparts. To the extent this Schedule constitutes chattel paper, no security interest herein may be perfected through the possession of any counterpart other than Counterpart No. 1. Approved for form and legal sufftci,ency with respect to C~, ~, county A%t~neY -' · AGENDA ITJF. M SCHEDULE 7146300 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 7146300 AMENDMENT That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor Credit Company ("Lessor") and Collier County Board of Commissioners ("Lessee"), dated as of 10/1012001 (the "Lease")is hereby amended as follows: Lessee has n6t issued, and reasonably anticipates that it and its subordinate entities will not issue, tax-exempt obligations (including this Lease) in the amount of more than $10,000,000 dudng the current calendar year;, hereby designates this Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, ("Code"); and agrees that it and its subordinate entities will not designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. Except as amended hereby, the Lease shall otherwise remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the 10th day of October, 2001. LESSEE: Collier County Board of LESSOR: Commissioners Ochopee Fire Dept. By: By: aa~es D. Carter, PhD Title: Chaic'~-~ ~,~ Title: Approved for form and le sufficiency with respect Collier County Ford Motor Credit Company Operations Manager, Mummpal'FInance Ne.. /4 NOV 13 2001 Rate: 6.10% Schedule 71%6300 Payment Schedule Lease Lease Payment Payment Lease Interest Number Date Payment Portion Lease Number: TOTALS Principal Portion Page 2 7146300 Concluding Payment 10 / 10 / 2001 6,404.72 0.00 6,484.72 22,142.28 10 / 10 / 2002 6,404.72 1,350.68 5,054.04 17,088.24 10 / 10 / 2003 6,404.72 1,042.38 5,362.34 11,725.90 10 / 10 / 2004 6,404.72 715.28 5,689.%4 6,036.%6 10 / 10 / 2005 6,404.68 368.22 6,036.46 1.00 32,023.56 3,476.56 28,547.00 AGENDA_ITeM NOV 13 2001 LESSOR: FORD MOTOR CREDIT COMPANY P. O. Box 1739 Dearborn, MI 48121-1739 DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") as fully installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of the Master Equipment Lease-Purchase Agreement ("Lease") executed by Lessee and Lessor. MASTER LEASE DATE 10/10/2001 MASTER LEASE NUMBER 7146300' SCHEDULE 7146300 DATE 10/10/2001 DELIVERY NUMBER EQUIPMENT INFORMATION PURCHASE DATE PURCHASE ORDER NO. QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 1 2001 Ford Expedition 1FMTU16L32LA32741 Tamiami Ford LESSE.E: Collier County Board of Commissioners BY: 3301 Tamiami Train E. Naples, FL 34112 DATEACCEPTED: (Title) This form is to be signed, dated and returned to Ford Motor Credit Company, to the attention of Pat Walker, upon delivery and acceptance of the above equipment. AGENDA I'rF~.~.. No. /4 ~ N0V 1:] 2'~0i- ~o.~ 8038-GC Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales (Rev, My 1999) I~ Under Internal Revenue Code ~ectlon 14g(e) CNa No. 154~0/2~ De~,r, mm ~/ ~ 'r~a.W I Cautlen: U.~e Fonn SO38.G if the lssue ~ce of the i,~ue is $100,OOO or mom, I'.,~l~im Repo~ng Authority Check box if Amended Retum· I1 1 lsat'Shame [ 2 I~uer'samglayerk~di[c~tann~a.~e~ 59-6000558 Collier County Board of Commleelonem Numb~ a~l if~e~ (~' p.o, I~x if mai] I~ r~ clattered to s~ree~ address} 3301 Tamtaml Train City. Imm, a~ grot afilca. ~tate. ami Z]P c~x~e E. Naples, FL 34112 Name ami U~e of oflloar oHegml mgmsentadve wham I~e IFLS may call for mare tnforma~on J~ckla R0blnson I'.,~Til/ Description of Obligations (Check if reporting: a single issue [] I p.,~om/suM 5 ~x~t nun~e~ GC 2~01-71463(X) 7 Tm~nme num~ e' aloe- u leg~ r. pmeenm~e 941.774.a4oo or on a consoidated basis [] .) sa Issue price of obligabon(s) (see instru~ons) ............. $22,142.28 b Issue date (single issue) or calendar year (consolidated) (see instructions) 9 Amount of the reported obligation(s) on fine Sa: a Used to refund prior issue(s) ................. b Representing a loan from the proceeds of another tax-exempt obligation (e.g., bond bank) 10 If the Issuer has dasignat~ any issue under section 265(bX3XB)(IXIIIXsmall Issuer exception), check this box 11 If any obligation Is in the form of a lease or installment sale, check this box ........... 12 If the Issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box ......... PLEASE SIGN HERE General Instructions Sectfon mfemnces am to ~e lntemal Pu~o~ of Form Form 8038-GC Is used by Issua~ of tax-exempt govemme.dal obllgatians to pm~le the IRS with ~e information required by ssc~k~ 14g(s) and to monitor raquiremen= of sec~ona 141 tivough 150. Who Mu~t File Ismsem of tax-exempt governmental o4~gationa vdth i-~ue I~Cen of isen than $100.000 must fie Fom~ Issuers of a tax-exempt govemmen~ o~ligatlan with an issue plJce of $100,050 or mom must ~ Fern 5038-G, In~matian Return f~ Tax. Exempt C-ovemmeng filing a ~eparate return, issuers have the af~en to ~le s ssparele Farm 8038-GC for any tex-axamp( gove~menlal obligation ~th an Issue price of le-,s A~ Issuer of a tex-axampt band used to f[nance c~.'~guc~ expmditums must ftie a s~te Fenn 5038-GC for eac~ I~ue to made ta pay s penolty in tieu of mt31tregs repate (see line 12 Inalmctions). Filing s cotmolideted tatum. For ali lex- exempt gevemmen~ obil~tiona ~th issue ~cee of iss~ than $10g,500 t~t are not issuer must fie a consolidated Infommtion n~um to~Jdlng ail such Issues Is~Jed ~thln Tn,,,,, an Issue' may file a separate Form 8038-GC for eanfl of a number o~ smati le~uss and report the remainder of small lesue~ Issued du~ing the caiander year on one consolidated Form 5038-G¢. However, a separate Form 5038-GC must be filed to give ~e IRS no,ca el' lhe etection to pay a penalty in lieu of arbll~age rebate. When to File To file a separate return, fie Form 8038.GC on o~ before the 15th day of the ascend cale~ar mon~ after I~e close of the calendar To fils a cm~olldeted return, file Foam 8D38-QC on or before Febmm7 15Ih of ~e calendar year foltowing ~ year In ~ the Issue Is Is~uecl, Late filing. A~ issuer may be granted an extension of time to file Fearn 8033.GC under Sectlan 3 of Rev. Proc. 88-10, 1988-1C.B. ~5, if it Is detenniced that ~ failure to file an time le not due to wiliM neglect. Type or p~int at the top of Ihs form, 'This Stelement Ls Submltled In Accardenca with Ray. Proc. 88- 10." A~ch ta U~e Fo'm 8g,.~..C-C a lefier bris~ stating v,f~y Fern18038-GC was not submit, ad to the IRS on t~me. Nan indicate whether the obligatian in qussbon is under examthation by 1~ IRS. Do nol submit copiss of any ~ decumenls, iansss, orr installment sale documenle, Where to File File Form 8038-GC wiffi ~e Inlemal Revenue Sen, ice Center, Phtiadet!=hia, PA 19255. Other Pomm That May Be I~qulmd ~or ret~ng at, rage (or ~,ylng a p.n~ty &n lieu of arbllmge reeale) to the Federal gownment, uss From ~031-T, Nbitmge Redote and Penat[y in Ueu of AfaWage Repete. For I~'ivete ~ borm, uss Form Pdvate AclNity 9end Rounding to Whole Dollars You may show the money bema en U'da return as whole<lol~' amounts. To do so, draft any Definitions Ob~lg~ona, Tile refers to a sthgis tax-exempt govemmeo~ o~bon if Faro · rn~e lex.exempt governmental ob~ if the fern1 is ussd fa' corm~kleted fagorUng. Inatlglment pumhass agreement, or tlnond~ income ~ sscbon 103. Tee-exempt gov~ obligation, tex-axempt obll0atkm that is not s acU~fiy bond (see betow) is e tax-exempt issuep by a quak'~ed ~h~nteer 11re under ssct~an ~e). Private activity bond. This includes an obligation Issueri am part of an ismJe of whlch: · More than 10% of t~e proceede am to be used tot any pdvate buatcess use, ~ No 64108B (Rev. 5-ge) ! No,AQENDA I._TEM,. _ ~ INVOICE October 5, 2001 Collier County Board of Commissioners LESSEE: Ochopee Fire Dept. 3301 Tamiami Train E. Naples, FL 34112 REMIT PAYMENT TO: FORD MOTOR CREDIT COMPANY MUNICIPAL FINANCE P. O. BOX 1739- MD 7500 DEARBORN,' MI 48121-1739 PLEASE RETURN A COPY' OF THIS INVOICE WITH YOUR PAYMENT ACCOUNT FIRST DESCRIPTION PAYMENT NUMBER PAYMENT AMOUNT DUE DATE 7146300 10/10/2001 $6,404.72 (1) 2001 Ford Expedition 1FMTU16L32LA32741 PLEASE REMIT: $6,404.72 If you have any questions regarding this invoice, please call Patricia Walker (800- 241-4199, Ext. 172). AGENDA ITEM No, Fo~ Motor credit Company 1 America~ Read P. O, Box 1739 Bea.'bam, Michigan 48121.173~ June 19,2001 Jacqueline Hubbard Robinson, Esq. Assistant County Attorney Collier County Government Center 3301 Tamiami Trail, East Harmon Turner Bldg,, 8m Floor Naples, FL 34112 Dear Ja~ueline: Subject: Consent to Self-Insure for Collier County Board of County Commissioners, FL- Master Equipment Lease-Purchase Agreement- Lease No. 7146300 The acceptance of self. insurance is based on acceptable credit. The credit review and approval is {n process. We consent to accept seE-insurance on the part of Collier County, as required by Section 15 of the subject Lease. Our continuing consent is conditional upon the good credit standing of Collier County. Please provide us with a copy of a certificate of seE-insurance by FAX at 1-313- 323-2872. If you have any question~, please contact Ann Creviston, Marketing Coordinator for your ra_gion, at 1.-800-241-419~ (press 1}, or myself (press 2, Ext. 14). Thank you. Sincerely, Marketing Coordinator Ford Municipal Finance Program Commercial Lending Services Office I AOENDA-['I'=J4' NOV 13 2001 ADDENDUM TO MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 7146300 Florida THIS ADDENDUM, which is entered into as of 10/10/2001 between Ford Motor Credit Company ("Lessor") and Collier County Board ot Commissioners ("Lessee"), is intended to modify and supplement the Master Equipment Lease-Purchase Agreement between Lessor and Lessee of even date herewith (the "Master Agreement"). Capitalized terms not othenvise defined herein shall have the meanings set forth in the Master Agreement. 1. Section 8. TITLE TO EQUIPMENT; SECURITY INTEREST. Section 8 is re-tiffed TITLE TO EQUIPMENT and is amended in its entirety to state as follows: Upon acceptance of the Equipment by Lessee hereunder, We to the Equipment will vest in Lessee subject to Lessor's dghts under this Master Agreement; provided, however, that title will immediately vest in Lessor without any action by Lessee and Lessee shall immediately surrender possession of the Equipment to Lessor in accordance with Section 5 hereof, if Lessee terminates the Lease Term of the Equipment pursuant to Section 6, or upon the occurrence of an Event of Default, or if Lessee does not exercise the purchase option prior to the Expiration Date. 2. Section 15. INSURANCE. Section 15 is amended in its entirety to state as follows: Lessee, will, at it expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covedng such dsks, and with such insurers satisfactory to Lessor, or may self-insure against any or all such risks under a self-insurance program satisfactory to Lessor. In no event will the insurance limits be less than the amount of the then applicable Concluding Payment with respect to such Equipment or, in the case of public liability and property damage insurance, in the amounts of $100,000/$300,000 bodily injury liability and $50,000 property damage insurance sufficient to meet the requirements of section 324.021(9Xb) of the Flodda Statutes (or any successor statute). Each insurance policy will name Lessee as an insured and Lessor as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30) days pdor written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies or self-insurance will be payable to Lessee and Lessor as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relal~ng thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect thereof. 3. Section 16. INDEMNIFICATION. Section 16 is re-tYded LESSEE'$ NEGUGENCE and is amended in its entirety to state as follows: Lessee assumes all risks and liabiliUes, whether or not covered by insurance, for loss or damage to any Equipment and for injury or dea~ of an~ person or damage to any property, whether such injury or death be with respect to agents or employees of Lessee or to thiml Parties, and whether such property damage be to Lessee's property or the property of others, which is proximately caused by the negligent COndUct ol Lessee, its officers, employees or agents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for alt habilities,~ obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature; impOsed on, incurred by or asserted against Lessor that in any way relate to or adse out of a claim, suit or proceeding based in whole or in part uPon the negligent conduct of Lessee, its officers, e~ployees or agents, to the maximum extent permitted by law. As modred hereby, this Master Agreement is and shall remain in full force and effect end, except as modified hereby, the dghts and obligations of the parties thereunder are not modified or affected in any way. . . IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed in their names by their dulY au~rized representatives as of the date first above written. Lessee: Collier County Board of Commissioners By: T~le: Ja~ms D. Cacter, PhD Chaim~n Approved for form and legal sufficiency with respect to -Operations Uanager, Municipal Finance ACORD. CERTIFICATE OF ~egvice$, /nc. 3200 ~1~ L~ ~105 N~lms ~ 34105-8506 ~e: 941-6~9-1444 ~:941'649-7933 ONLY AND CONFERI NO ~ UPON 'rdE CERTIFK',ATE HOLDEI~ 1'~1~ CI~R11FICATE DOES HOT AM~IID, EXTEND OR ALTER THE ~OVERAGE AFFORDED ~' THE pOUCIE8 BELOW. LIABILITY INSU '------'--- ~ iS ISSUED AS A MATTER OF INFORMATION Ilt%URERB AFFORDING COVERAGE II~URER C: ~ POU~E$ OF tN~URNs2 ~ gti:}W F'i~V~ B~.N I~SUIB TO, TI~ IN6IJ:~O ,%%Y~'--~ AK)V~ I:0~ ~ I~JC/r~Rr~i) INOICkTt~. Nu ~WtTHSTANDBdG ANy i~OU~iT, T~RM OR CC~iqOtT,10~ ~ ~ ~ ~ O~ DOCUI~IT' WITH RP~F~CT *fO WHIOt THIS CL~T~I~AT~ I~¥ BE 1~,3UED OR GEm. AGG~CIATE UU11' APPU~ PER: ~ LlaBIUTY ~YIR~' IJAJl~.rJ'v $.Z.~. $100,000 ~T~100021 10101/01 10/01/01 20/02/02 [o/o1/o2 ~o/o~/o2 I~R$ONAL & AOV ~JUnY s 2,000, OOO s l., 000 s2~000,000 s 6,000,000 s2~O00,OOO si,000,000 sl,000,O00 CERTIFICATE HOI I~R Mtm/c.%ptl.~lmme~ 9.0. ~ox lq39"~ 7500 p.3 INSURANCE FACT SHEET We t~lUlre a certificate of Insurance or Deciaralion Page shown in the name of the Mur~pality lis[~ below, if more ~ one in~umnoe mmpany is used, tedieMe each ~ for what type coverage. Pal the Ma.fret Equipment Lelse. Pumha~a Agreement, Lease No. 71463a0, we rmlui'~ LlaUJity and Physical Carnage on all vehicles. UabBly and Prol~rty Damage ~ all at,er Equipment and FORD MOTOR CREDIT COMPANY named as Loss Payee or Addilional Imumd. RETURN TO:. Fon:l Molar Crmlit CemlNinY, Munidl~aJ Ftnan~ PO BeL~ t'/3g- MD 7~0~, Dearl~m, MI 4,1131.173~ SCHEDULE NO:. 7148~_3~ P~ NOTE: FORD MOTOR CREmT COMPANY ~EQURE$ A MINI~IM OF $%mo,a;o PUBLIC LIABILn'Y C09ERAC, E; OR THE STATE ~L~,IMUM (IF LOWER) IS RE~IRED MUNI: ADDRESS: CotlM County Board of Commissioners , 3301TamiamiTmin E. Nol~es, FL ~4112 CONTACT: Gloria He.n'era Ar.,~=, Payable 94%774-8360 PHONE: (941) LIABILITY AMT: pHYSICAL DAMAGE AMT: COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCTIBLE: P~PERTYD~A~T: INSURANCE COMPANY: CITY: STATE: ZIP: PHONE POUCY NO: URBILJTY AM1': PHYSICAL OAMAGF.. AMT; CONTACT PERSON: COMPREHENSIVE DEDtJClqBLE: COLLISION DEDUCTIBLE: EXPIRATION DAT~: PROPERTY DAMAGE AMT: .SELF-IN,SURED: IF YOU ARE 8ELF-INSURED FOR ANY COVERAGE, PLEASE PROVIDE THE NAME OF YOUR INSURANCE POOL/FUND. NAME OF INSURANCE POOIJFUND: SELF-INSUBED FOR: LIABILITY: $ PROPERTY. $ CONTINUOUS COVERAGE: FR~M: ,, TO: PHYSICAL: $ AGERDA IT._,F.~ M No. /,=/=x~- __ NOV 1 3 ?001 APPROVAL OF BUDGET AMENDMENTS (BCC Agenda of 11/13/01) General (Fund 001) Public Services Administration Budget Amendment #02-034 Operating Expenses $8,000 Reserves Reserve for Contingencies (8,000) Total: -0- Explanation: Funds are needed to pay for the property appraisal on the Ricky Stauffer property (Barefoot Beach Park Preserve). General (Fund 001) Public Health Budget Amendment #02-035 Contribution to County Health Department $12,917 Reserves Reserve for Contingencies (12,917) Total: -0- Explanation: Due to the West Nile Virus activity in contiguous counties, funds are needed for payment to Collier Mosquito Control District for mosquito spraying October 16, 2001, conducted for preventative health measures in the Immokalee area. MSTD General (Fund 111) Budget Amendment #02-049 Operating Expenses $3,900 Reserves Reserve for Contingencies (3,900) Total: -0- Explanation: Funds are needed for change order to Hannula Landscaping Purchase Order, which includes additional bores, purchase of irrigation controllers, additional fill, and additional sub- drainage on medians. Bayshore Beautification (Fund 160) Budget Amendment #02-050 Operating Expenses $15,700 Reserves Reserve for Contingencies (15,700) Total: -0- Explanation: Additional funds are needed to pay for the refurbishment of the Bayshore Bridge. AGENDA ITEN' No. /~,&, I . I NOV 13 20O Pg. / . EXECUTIVE SUMMARY TO ESTABLISH CASH MANAGEMENT POLICIES FOR AIRPORT AUTHORITY OPERATIONS AND CAPITAL PROJECTS OBJECTIVE: To establish cash management policies for the Airport Authority that (1) clarify the use of General fund matching dollars for capital projects and operations, and (2) identify the source of funds to be borrowed. CONSIDERATION: Airport Authority capital projects are funded with grant funds and an associated General Fund match. The Airport Authority grant funds are typically of a reimbursement nature, in that the project funds must be expended prior to the granting agency providing the grant funds. Within its capital fund, the Airport Authority has used General Fund cash matches for multiple Airport Authority capital projects as "seed money" to meet cash flow needs during the construction phases of a capital project. This is an effective cash management practice in that the amount of Commercial Paper loans required is reduced, thereby reducing interest expenses to the Airport Authority. It is recommended that when the Board of County Commissioners appropriates General Fund matching funds for projects that it is appropriated at a fund level and not on a project specific level, so that cash matches from other projects within the same fund can be used to cash flow projects until a reimbursement grant is received. Airport Authority grants can be typically categorized as current year grants or outer year grants. Current year grants are grants that require the recipient (Authority) to expend dollars and then either monthly, quarterly or at the end of the project (year), request reimbursement for expenses incurred. These reimbursement revenues will be received within one year. Outer year grants or "pre-qualified grants" are those in which reimbursement revenue will extend beyond one year, but be repaid within five years. The Airport Authority has used Commercial Paper loans during the initial construction phase of capital projects to provide the up front cash required prior to the receipt of reimbursement grant revenues. Typically, this is required for outer year grants. In the Airport Authority operational fund, the primary revenue source is fuel sales, which is seasonal in nature. The majority of fuel sales are received in the winter. By late summer and during the fall months, the Airport operating fund's cash balance is very low. At times, the cash balance may not be sufficient to cover payroll expenses and the Authority is faced with borrowing money to cover payroll and operating expenses. To minimize the amount of Commercial Paper loans and the associated interest expense, the Airport Authority is requesting additional flexibility in terms of meeting capital and operating funding needs. Specifically, the Airport Authority desires to borrow from the General Fund the up front project construction dollars required for current year capital AGENDA ITEM No. /c(/ ~ I NOV 13 200' Pg._ / projects and to borrow for any short-term operational cash shortfalls. To minimize the impact to the General Fund, the Airport Authority has recommended that cumulative amount of any outstanding General Fund loan at any given time be limited to $100,000. Pursuant to the existing agreement between the Board of County Commissioners and the Airport Authority, interest will be charged to the Airport Authority for any General Fund loans received. In recognition of the potential negative impact to the General Fund cash balance of funding outer year grants that extend beyond one year and up to five years, the Airport Authority will continue to use Commercial Paper loans as a means of initially funding construction projects associated with this type of grant. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. FISCAL IMPACT: The General Fund cash balance could be impacted by a maximum of $100,000 for loans provided to the Airport Authority for current year capital projects and/or for cash shortfalls from operations. Loans will accrue interest and shall be paid to the General Fund. General Fund loans would be repaid immediately upon receipt of any reimbursement grant revenue or any cash inflow from any operational revenue. RECOMMENDATION: That the Board of County Commissioners: Recognize that General Fund matching funds for Airport Authority projects are appropriated at a fund level and not on a project specific level, so that cash matches from other projects within the same fund can be used to cash flow projects until a reimbursement grant is received. 2. Authorize the Airport Authority to borrow from the General Fund as outlined in this Executive Summary. Prepared By ~~ -ff~"-"~ Date: 11..5'=0/ Michael Smykowski. OMB Director Re viewedBy (~'l/r~ /-/(-~ ~ Date: /~-~ ~ ~ ~ Dmu, Collier ~oun~i,~ Authori, Executive Director Reviewed By: .~, ~ ~~ Date: //- - ~es L. Mitchell, Fin~ce Director Thomas W. Olliff, C~_J~ l¢lanager AGENDA ITEM No. NOV 1 3 200! EXECUTIVE SUMMARY CONFIRMATION OF APPOINTMENTS OF MEMBER(S) TO THE WORKFORCE HOUSING ADVISORY COMMITTEE OBJECTIVE: To confirm the appointments made on October 23, 2001 to the Workforce Housing Advisory Committee. CONSIDERATIONS: This 10 member committee was established on June 26, 2001 by Ordinance No. 200142 to assist staff'in its study of the workforee housing concerns. This committee shall consist of 10 members f~om a broad base of citizens and disciplines including the Collier Building Industry Association, Hotel/Motel Association, American Subcontractors, Board of Realtors, a current developer ofworkforce housing, the banking community, and a land use attorney. On October 23, 2001, the Board members indicated a desire for appointments that was not clearly communicated in the motion approved. This item is provided to clearly indicate the intention of the Board on October 23, 2001 Agenda Item No. 9D. APPLICANT CATEGORY Barbara A. Cacchione C. Laurence Keesey Marlo M. Valle Empowerment Alliance/Planner David Lee Ellis Karen Homiak Civic & Small Business David B. Carpenter Mark P. Strain Joe Paterno Susan M. Golden Mark Lindner Land Use & Development Arty Single-family home builder Exec V.P. CBIA Civic/Elections Support Manager Property Development Manager Workforce Development Affordable housing back,round Affordable Housing Developer RECOMMENDATION: That the Board of County Commissioners confirm the appointments to the Workforce Housing Advisory Committee made by the Board on October 23, 2001 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: NOVEMBER 13, 2001 AGENDA ITEIVL- 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 James D. Carter, Ph.D. hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Economic Development Council of Collier County Board of Directors Installation of Officers Dinner and 2001 Outstanding Volunteer Award Public Purpose: Represent the Board of County Commissioners and Interact with constituents and scholarship recipients Date of Function / Event: November 14, 2001.. Amount to be paid by the County: $125.00 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 92-9232-MMA; 92-10312- MMA; 94-1412-CFA; 96-978-CFA; 96-1045-CFA; 97-1448-CFA; 97-1630-CFA RECOMMEND APPROVAL.- 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. 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. October 3 2001- October 9, 2001 2. October 11,2001- October 15,2001 3. October 17, 2001 - October 23, 2001. Bo H:Data/Format Districts: 1. Ochopee Fire Control District Advisory Board Meeting - Minutes for April 2, 2001. 2. Collier Soil and Water Conservation District - Agenda for October 17, 2001, Minutes of September 19, 2001, District Map, List of Current Board Members, Description o f Outstanding Bonds, Schedule of Regular Meetings, Proposed Budget for 2001-2002, Public Facilities Report and Copy of Special District Update Form. 3. Big Cypress Basin Board of the South Florida Water Management District - Agenda for Friday November 2, 2001. 4. Golden Gate Fire Control & Rescue District - Description of Outstanding Bonds, Budget for FY 2001-2002, Registered Office Agent, Special District Update Form, District Map and Schedule of Regular Meeting FY 2001-2002. 5. Immokalee Water and Sewer District - Agenda for October 4, 2001, Minutes of October 17, 2001, November 21, 2001~, December 19, 2001, January 16, 2002, February 20, 2002, March 20, 2002, April 17, 2002~ May 15, 2002, June 19, 2002, July' 17, 2002, August 21, ~ 18,2002. AGENDAITEM No. /C~e'(O NOV 13 ~001 Pg. / Item# Copies 6. Immokalee Fire Control District - Notice of Schedule of Regular Meetings, Final Budget for FY 2001-2002. 7. Pelican March Community Development District - Schedule of Regular Meeting FY 2002 - October 17, 2001, November 21, 2001, December 19, 2001, January 16, 2002, February 20, 2002, March 20, 2002, April 17, 2002, May 15, 2002, June 19, 2002, July 17, 2002, August 21, 2002 and September 18, 2002, Special District Update Form, Registered Agent & Office. 8. Key Marco Community Development District - District Map and Public Facilities Report 9. Big Corkscrew Island Fire Control and Rescue District - Management Letter of Rebuttal, District Map, Registered Agent and Office, Description of Outstanding Bonds, Schedule of Regular Meeting FY 2001-2002, Annual Financial Report FY 1999-2000, Audited Financial Statements dated September 30, 2001 and Rebuttal to Management Letter. 10. Naples Heritage Community Development District - Schedule for Regular Meetings FY 2002, District Map, Annual Audit - FY 2000, Management Letter, Rebuttal to Management Letter. 11. Heritage Greens Community Development District - annual Audit -FY 2000, Management Letter, Rebuttal to Management Letter and Public Facilities Report 12. East Naples Fire Control and Rescue District - 2001-2002 Budget, 2001- 2002 Regular Meeting/Workshop Schedule, District Map and Registered Office and Agent. 13. Port of the Islands Community Improvement District - Annual Financial Report FY 2000, Annual Audit FY 2000, Management Letter, FY 2001 Budget, Current Fiscal year Budget 2002, District Map, Registered Office and Agent List, Schedule of Regular Meetings, Public Facilities Report and Description of Outstanding Bonds. 14. Lely Community Development District - FY Budget 2001, Current FY Budget for 2002, Registered Office and Agent, Public Facilities Report Bonds and Rebuttal to Management Letter/Audit. 15. Fiddlers Creek Community Development District - Special District Update Form, Operation Budget FY 2001, Operation Budget FY 2002, Annual Audit - dated September 30, 2000 and Rebuttal to Management Letter. 16. North Naples Fire Control and Rescue District - Operating Budget FY 2000-2001, Operating Budget FY 2001-2002, Financia RepojI~EJL~I~91~M No. /~. ~'"C,') H:Data/Format NOV Zaal Year 1999-2000, Audit, Management Letter, Rebuttal to Management Letter. 17. Mediterra South Community Development District - Minutes of the June 27, 2001 Meeting, District Map, FY 2002 Budget, Description of Outstanding Bonds, Audited Financial Statements dated September 30, 2000, Management letter and Rebuttal to Management Letter. C. Minutes: 1. Rural Fringe Assessment Area Oversight Committee - Agenda for October 24, 2001, Minutes of October 10, 2001, Agenda for October 10, 2001, Minutes of September 26, 2001, Minutes of September 12, 2001 a) Growth Sub-Committee - Meeting Minutes of September 12, 2001 2. Rural Lands Area Assessment Oversight Committee - Agenda for October 22, 2001, Minutes of October 15, 2001, Agenda for February 26, 2001 3. Productivity Committee - Agenda for June 20, 2001; July 18,2001, August 15, 2001 and September 20, 2001, October 24, 2001; Minutes of May 16, 2001, June 20, 2001, July 18, 2001, August 15, 2001 and September 19, 2001. a) Airport Authority Financial Management and Compliance Review Subcommittee - Minutes of May 24, 2001, May 30, 2001 and June 12, 2001. 4. Immokalee Local Redevelopment Advisory Board Meeting - Agenda for October 25,2001, Minutes of September 20, 2001. 5. Golden Gate Area Master Plan Restudy Committee -Agenda of October 24, 2001 and September 26, 2001. 6. Parks and Recreation Advisory Board Meeting - Agenda for September 19, 2001, Minutes of August 15, 2001 7. Collier County Planning Commission - Agenda for October 4, 2001, Agenda for November 1, 2001. 8. Pelican Bay MSTBU Advisory Committee - Agenda for October 3, 2001, Agenda for October 18, 2001, November 7, 2001, Minutes of September 27, 2001, Minutes of September 5, 2001, Minutes of Pelican Bay Service Division Budget Heating of September 12, 2001 Minutes of October 3, 2001. AGENDA ITEM No. /r. ,Tr...,'.) H:Data/Format NOV 13 2001 pg._. 3 a) Clam Bay Sub-committee Agenda and Minutes of September 12, 2001. b) Organization Structure Review Sub-Committee Meeting Minutes- October 18, 2001, 9. Bayshore/Gateway Triangle Local Redevelopment Advisory Board Minutes of August 9, 2001, Minutes of July 17, 2001. 10. Hispanic Affairs Advisory Board - Minutes of July 26, 2001. 11. Immokalee Beautification M.S.T.U. Advisory Committee - Minutes of September 19, 2001. 12. Collier County CDBG Citizen Advisory Task Force - Agenda for September 27, 2001, Minutes of April 26, 2001. 13. Radio Road Beautification M.S.T.U. Advisory Committee - Agenda of August 20, 2001. 14. Golden Gate Beautification Advisory Committee - Agenda for October 9, 2001, Minutes of September 11, 2001. ~ 15. Collier County Library Advisory Board - Agenda for October 3,2001. 16. Forest Lakes Roadway and Drainage M.S.T.U. - Meeting for October 19, 2001 cancelled. 17.Bayshore/Gateway Triangle Local Development Advisory Board - Agenda for November 8, 2001, Minutes of October 11, 2001 18. Workforce Housing Advisory Committee - Agenda for November 26, 2001. D. Other: 1)Letter from Guy L. Carlton, dated October 12,2001, Collier County Tax Collector - Amendment to the FY 2001-2002 Budget. 2)Letter from Guy L. Carlton, dated October 24, 2001, Collier County Tax Collector - Amendment to the FY 2001-2002 Budget. 3)Letter from Guy L. Carlton, dated November 1,2001, Collier County Tax Collector - Amendment to the FY 2001-2002 Budget. AGENDA ITEM No. NOV 1 3 2001 H:Data/Format Pg' Y' - J EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS ELECT TO INCLUDE A FINANCIAL AUDIT OF THE BOARD AGENCY IN THE COUNTY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT AS IS REQUIRED OF EACH OF THE CONSTITUTIONAL OFFICERS. OBJECTIVE: To have the Collier County Board of County Commissioners elect to include in the County's Comprehensive Annual Financial Audit Report a financial audit of the Board Agency as is required of each of the Constitutional Officers. CONSIDERATIONS: Florida Statutes Chapter 218.39(2) along xvith the Rules of the Auditor General of the State of Florida were recently amended to exclude from the County's Comprehensive Annual Financial Report a stand alone audit of the Board Agency. However, the revisions go further to allow for the inclusion of such an audit report, if the Board of County Commissioners makes such an election. The revision did not eliminate the requirement that each of the separately elected Constitutional Officers audits be included in the Comprehensive Annual Financial Report. If the Board of County Commissioners makes such an election, the audit report would be performed in compliance with the Rules of the Auditor General and would include a report on compliance and internal control, management letters, and the financial statements. It must be noted that the County's Comprehensive Annual Financial Report has included audited financial statements of each of the Constitutional Officers including stand alone statements for the Board of County Commissioners since fiscal year 1995-1996. FISCAL IMPACT: The Board of County Commissioners currently enjoys a relationship with KPMG, LLP as its independent external auditor. The contract that is currently in place through the completion of the fiscal year 2003 audit includes all required reporting elements of the Auditor General including the stand alone statements for the Board of County Commissioners. As such, there is no additional fiscal impact for this election. RECOMMENDATION: To ensure reporting consistencies and to enhance public accountability, it is recommended that the Board of County Commissioners elect to include in the Comprehensive Annual Financial Report, stand alone statements for the Board Agency. Submitted By: /~ 3~./~~,,~ Date: ////t~! Reviewed By: ~ ,~_~~_ Date: ! ! !- ^~£ND~, EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT THE BUDGET AMENDMENT APPROPRIATING CARRY FORWARD AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS AT THE END OF FISCAL YEAR 2001. DJ~TJ.V.E: To have the Board of County Commissioners approve the budget amendment appropriating $114,786,531.47 of carry forward, in various funds, to provide expenditure budgets for those purchase orders that were in the process of being completed, but not completely fulfilled as of September 30th, 2001. CONSIDERATIONS: Purchase orders were issued to various vendors during FY 2000-2001 and there were budgets to pay for those purchases. The purchase orders continue to be valid at fiscal year end. The County continues to need those products or services ordered. However, the budgets to pay for those items expired as of September 30th, If the purchase orders were cancelled on September 30th they would have to be reissued on October 1st which would require unnecessary record keeping changes for the vendors, the County's Purchasing Department, the Clerk's Finance Department and the department which placed the order. Therefore, FY 2002 budgets need to be appropriated to replace those that expired, to allow payment to be made. FISCAL IMPACT: There is no new impact to the respective funds. The decision to purchase was previously approved and the money with which to make payment was encumbered at the time the purchase orders were issued. The County's financial system is capable of taking such transactions into consideration at fiscal year end. GROVVTH MANAGEMENT IMPACT: None R~COMMI::NDATIQN: The Board approve the budget amendment for $114,786,531.47 to appropriate carry forward and expenditure budgets for open purchase orders at the end of fiscal year 2001. Sh~dey Van VileSt, ~r. Technical ,~,;sistant Mike Smykowski Director Office of Budget and Management REVIEWED BY:-~-:~-'.'- ~' ~ ~a'/¢es L. Mitche"ll, Director of' Finance. AGENDA ITEM No. /~g .'~_ NOV 13 2001 ;',,~GT_ t'{O! .g 09)-:X('ROLXSM Pg '- / FY 2001-2002 BU DG ET AM EN DM ENT TO FUNDS LISTED (~~)~)<,~ ~~ AMOUNTS ARE FOR CARRY FORWARD AND FOR APPROPRIATIONS TO PROVIDE FOR FY 02 OPEN PURCHASE ORDERS Fund' Title ! Amount 001 iGENERAL FUND ! 305,612.41 101 iTRANSPORTATION SERVICES I 8,247.29 103 i MSTD ROAD DIST 2 i 8,500.00 109 PELICAN BAY MSTUBU I 15,050.50 1 11 MSTD GENERAL FUND 1,366,355.32 113 ;COMMUNITY DEVELOPMENT 833,574.10 114 'WATER POLLUTION CONTROL 88,000.00 121 URBAN IMPROVEMENT GRANTS 511,257.50 123 COLLIER CO-SERVICES FOR SENIORS 31,253.85 126 METRO PLANNING - M.P.O. 589,459.56 t29 .LIBRARY GRANTS 16,503.76 130 GOLDEN GATE COMM CENTER [ 8,050.00 136 GOLDEN GATE BEAUTIFICATION ' 384,680.00 144 !ISLE OF CAPRI FIRE CONTROL 670.32 150 i RADIO ROAD BEAUTIFICATION MSTU 642.56 151 SABLE PALM ROAD EXTENSION MSTD 27,043.00 155 .FOREST LAKES ROADWAY & DRAINAGE 548.88 160 !BAYSHOREJAVALON BEAUTIFICATION MSTU 61,390.00 190 i MISC FLORIDA STATUTES FEE COLLECTIONS I 22,300.00 191 iSTATE HOUSING INCENTIVE PARTNERS i 74,457.69 [ 610,700.00 193 !TDC- MUSEUM ~ 194 TDC - PROMOTION/SPECIAL EVENTS ~ 602,187.17 195 TDC- BEACH RENOURISHMENT 2,674,064.33 196 /TDC- DISASTER RECOVERY 314,490.24 198 ~MUSEUM 3,418.79 226 1997 NAPLES PARK DRAINAGE - MSTB i 4,194.75 232 ~PINE RIDGE AND NAPLES PROD PKS ASSESS ; 14,000.00 301 FACILITIES MANAGEMENT - COUNTY WIDE I 2,043,617.66 306 1982 PARKS IMPROVEMENTS CIP I 125,385.50 307 !1983 LIBRARY IMPROVEMENTS ClP 336.84 313 [ROAD CONSTRUCTION - GAS TAX 37,692,535.62 320 !CLAM BAY RESTORATION 95,797.38 322 I! IRRIGATION & LANDSCAPING SYSTEM 343,734.28 325 !1981 WATER MANAGEMENT CIP I 923,115.00 331 i ROAD IMPACT FEE - DISTRICT 1 I 2,436,066.39 333 ROAD IMPACT FEE - DISTRICT 2 i 3,138,632.30 334 i ROAD IMPACT FEE - DISTRICT 3 69,672.91 ~336 ROAD IMPACT FEE - DISTRICT 4 433,243.49 338 [ROAD.IMPACT FEE DISTRICT6 40,150.32 339 ROAD IMPACT FEE - DISTRICT 5 28,237.62 345 REGIONAL PARK IMPACT FEE 859.70 346 UNINCORPORATED COMM & REG PARK I 1,108,163.76 350 '~EMS IMPACT FEES 147,032.70 355 !LIBRARY SYSTEM IMPACT FEE 3,358,495.72 368 iNAPLES & URBAN COLLIER COM PK IM 480,333.80 381 iCORRECTIONAL FACILITIES IMPACT F 62,317.00 408 COUNTY WATER/SEWER OPERATING 285,787.38 410 ICOUNTYWATER/SEWER DEBT SERVICE [ 10,000.00 411 !WATER IMPACT FEE i 29,235,226.67 412 COUNTY WATER CAPITAL PROJECTS i 2,314,162.60 AGENDA ITEM 413 iSEWER IMPACT FEEt 11,569,749.72 No. /¢,/~ ~._ 414 '.COUNTY SEWER CAPITAL PROJECTS , 7,515,597.34 470 !SOLID WASTE DISPOSAL 714,981.64 N0V13201:)1 473 ,,MANDATORY TRASH COLLECTION ! 70,885.47 Pg. z-. FY 2001-2002 BUDGET AMENDMENT TO FUNDS LISTED AMOUNTS ARE FOR CARRY FORWARD AND FOR APPROPRIATIONS TO PROVIDE FOR FY 02 OPEN PURCHASE ORDERS FundI Title Amount 496 iAIRPORTAUTHORITY GRANTS 1,600,676.49 497 iAIRPORT COMMERCIAL PAPERA-8 229,477.50 517 tGROUP HEALTH & LIFE 1,173.00 521 FLEET MANAGEMENT 39,900.00 522 MOTOR POOL CAPITAL RECOVERY 33,408.00 605 GAC TRUST - LAND SALES 54,660.65 669 UTILITY FEE TRUST FUND 6,475.00 Total added to the 2001-200/, Budget 114,786,531.47 AGENDA ITEM No. /~.,,¥ ~ NOV 13 2001 P~._ 3 EXECUTIVE SUMMARY RECOMMEND THAT THE COLLIER COUNTY COMMISSION ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE/DEPARTMENT OF TREASURY FEDERAL EQUITABLE SHARING ANNUAL CERTIFICATION REPORT. ~ To have the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report form. CONSIDERATION: The Collier County Sheriff's Office participates in joint investigations with the United States Department of Justice and United States Department of Treasury to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that results in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. This years funds are designated for support of grant matches and law enforcement equipment. The Departments of Justice and Treasury require that a Federal Annual Certification Report be submitted within 60 days after the end of each fiscal year. The fiscal year 2001 Federal Annual Certification Report needs to be signed by the Chairman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues are accounted for according to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies guidelines. The fiscal year in which the revenues are received depends on when a case is closed. Total revenues to be received cannot be determined until cases are closed. GROWTH IMPACT: None. RECOMMENDATION: That the Collier County Commission endorse the Federal Annual Certification Report form. PREPARED BY: .~ ~ L K. KINZEL, FINANCE D%R~C DATE: October 15, 2IKrl AGENDA ITEM No. /&/~ CZ N 0V; 3 201] jh/a:xsfel Pg' / , Federal Annual Certification Report Thl~ Annual Certification Report muir be eubmltted wtthln ~0 dey~ aftra' the r, Jo~t of your f~e, al year to both agencA~: U.S. Department of JusfmetACA Program U.S. Department of the Tmesury ~ A~et FoHeit~m and Money Laundering Sec$o~ Executive Offtce for A~et Forfeiture . PO~ 27768 740 15th Street, N.W., Suite 700 Washington, D.C. 20038 W~J~ington, D.C. 20220 E-ma//address:. pm~ram, aca~usdoj.gov E-maS $ddre$,~. trea~.aca~teoaf, treas.gov Fax:. (202) 616-1344 Fax:, (202) 622-9610 Law Enforcement Agency: Collier County Sher±ff's O~±ce Contact Pemon: ~7oyce Houran E-msllAddmu: cjran~.$@colliersherif~.orq Mailing Address: ~_'30~_ rP"~m{~m'~ rPr'~'i'l F'.~qf': !qll'i'l~'ir~-I ,']'--] ! F~-in~t-,~ ]"}'{x?'~'~n! Nl~r'~'[¢~.=,, PI_ (S~r~) " (City) (S'-'-) (Zip C.~e) ' Telephone Number: ( 94[ ) 79B-9346 Fax Number: (cMl) 793-940~ Agency Fiscal Year Ends on: ~/30/0J. NClClORI/Tracklng No.: FL0]_10C) (Month/Day/Year) Summary of Equitable Sharing Activity Justice Funds Treasury Funds 1. Beginning E. quitable Sharing Fund Balance $ 77 ~ 269.20 $ 2. Federal Sharing Funds Received $ %e2: ~l '~_('f7 $ 3. Other Income $ 0.02 $ 0.02 4. Interest Income Accrued $ 3t 2,..~.G7 $ O.CO 5. Total Equitable Sharing Funds (total oflines 1-4) $ 13.5,422.02 $ 0.03 6. Federal Shar/ng Funds Spent (total oflines a - I) $'( 66,3Z5.75 ) $( 0.00 ) 7. Equitable Sharing Fund Balance (subtract line 6 from line 5) $ ZlO,C~'. 77 $ O.CO 8. Appraised Value of Other Assets Received $ 0.03 .~; 0.CD Summary of Sh:~r,d Monie, Spent a. Total spent on salaries for new, temporary, not to exceed 1-year employees $ 0.00 $ O.CO b. Overtime $ O.CO $. 0.CD c. Total spent on informant and "buy money" $ 0.00 $. O.CO d. Total spent on travel and training $ 0.CO $ O.CD e. Total spent on communications and computers $ O.CO $ 0.03 f. Total spent on firearms and weapons $ 0.CO $ 0,CO g Total spent on body armor and protective gear $ 0.02 5. O.CO h. Total spent on electronic surveillance equipment $ 1 q: P(3'~_ 29 $ O_OD i. Total spent on building and improvements $ 0.CO $ 0.CO j. Total spent on other law enforcement expenses (attach list) $ 4'7,122.4.3 $. 0.CO k. Total transfers to other law enforcement agencies (attach list of recipients) $ (3_rD $ O .rD 1. Total permissible use transfers (attach [istofrecipients) $ 0.0~) $ 0.CO rn. Total annual law enforcement budget for your jurisdiction for current fiscal year $ E!, o.~.~., _ ~cj20.CD~ n. Total annual budget for non-law enforcement agencies for curr~nt fiscal year $ o. Total annual law enforcement budget for yourjurisdiction for pdor fiscal year $ C-~,oF,,%~Fr). OD p. Total annual budget for non-law enforcement agencies for prior fiscal year $ Under the p~nalty of p~rjury, the und~r~ign*cl h~r~by cer6fy that th~ infomfion in ~ mn is ~n ~mt~ ~ccounling of funds r~:~iv~d ~d mt by ~t~ L~w ~axfom~m~nt a8~a~zy un6*r tt~ federal equimble sharing program during tiffs vcpor6ng Don Hunt:er 10/15/01 3ames D. Carter, Ph.D. _~r~. m,a ~.~-~,-a., ao.~i~ nodv .~d o, ^,,~,i~ ~-a,~ AGENDA ITEM · ~ ~, ~I~-_~. NO. NOV 13 2001. Title (Prm! or Type) ~c~enc ~7 t A~ach list of member agencies with their addresses and indicate lead agency.,]~.!'T"0Vv~' ~J~' _~t~_ __5 ...... . . ~,o r,, --~ ~o .... .._~er 5 U Y C ~, 552. - -, . EXECUTIVE SUMMARY REQUEST BOARD AUTHORIZATION AND EXPENDITURE OF FUNDS FOR THE PURCHASE OF MOBILE DATA INFRASTRUCTURE FOR IMPLEMENTATION OF THE MOBILE DATA PROJECT. DJLII_.~C,I]Jf.F~ To obtain Board authorization for the purchase of the Mobile Data Infrastructure for implementation of the Collier County Sheriff's Office Mobile Data project. CONSIDERATION: The Sheriff's Office has previously funded this project through grants. This project has been in development since Fall of 1998 with the initial computers issued to deputies in Summer 1999. The procurement of hardware and software has created a high level of computer usage and subsequent time-savings throughout the Sheriff's Office Road Patrol and ancillary divisions. An RFP was issued and based on the recommendation of a Collier County Sheriff's Office committee (which has involved representatives of Fire and EMS) and the recommendation of the extemal communications consultant, Motorola has been selected to create the Mobile Data infrastructure. We are therefore requesting funding for the purchase of hardware and software. FISCAL IMPACT: The cost of the proposed infrastructure is $1,503,984.00, twenty percent of which ($300,796.80) is due at the first milestone on December 12, 2001. Funds in the amount of $1.8 million for the project were budgeted and are available in County Wide Capital Project fund (301) under project number 01020. This purchase will be financed over five years. Principal and interest payments have been budgeted at $453,500. Source of funds will be the General Fund. GROWTH IMPACT: Recurring costs for subsequent years' maintenance charges will be included in the Sheriff's Office budget effective next fiscal year. RECOMMENDATION: That the Board of County Commissioners approve the request and authorize the expenditure for the purchase of mobile data infrastructure for the implementation of the mobile data project. REOUESTED BY.k,,~ .) "~ - - .~m Smith, Planning REVIEWED BY~ector APPROVED BY.~ ~-~ V~---.X ~ -'D ma-~_n.t er, S-~e ri ff AGENDA ITEM No. DATE: October 29, 2001 NOV 13 2001 Pg. / EXECUTIVE SUMMARY Request by the Housing Finance Authority of Collier County for approval of resolutions authorizing the Authority to issue multi-family housing revenue bonds to be used to finance qualifying apartment projects. OBJECTIVE: To accomplish the necessary approvals to authorize proposed multi-family revenue bond issues by the Housing Finance Authority to be utilized for financing qualified apartment projects. CONSIDERATIONS: The Housing Finance Authority has considered requests by three developers of low/moderate income rental housing to issue its bonds to finance qualifying apartment projects in 2002. All projects are consistent with the Growth Management Plan and are properly zoned. No county land use approvals are necessary except for site plan and building permit approvals. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing and must approve the issuance of bonds. This hearing was held on October 11, 2001. A copy of the notice published in the Naples Daily News is attached to the proposed resolutions. Although the meeting was advertised as shown, no members of the public appeared to comment on the proposals. The Authority heard extensive presentations by the project proposers. At the conclusion of the hearing the Authority determined to approve the issuance of the bonds. Each project complies with the Authority's guidelines for providing a portion of the rental units at rents available to persons in the extremely low income bracket (below 35 % of Area Median Income). This is also consistent with the Board's policy and direction. The second requirement is that the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. Resolutions for each project for the Board to adopt are attached. The approval of these projects does not mean that they will receive financing and actually be built. Under the rules for administering the state volume cap (which regulates the amount of tax-exempt private activity bonds that may be issued), Collier County will, at best, receive a limited allocation for 2002, and may receive no allocation at all. The Authority is attempting to work out an agreement with the other Housing Finance Authorities in Southwest Florida whereby we will receive an allocation of at least $8.0 million. In order to receive the allocation, which is made on January 2, 2002, we must have these projects approved and ready for submission on that date. AGENDA JTEM c ..... NO. 1 3 2001 Pg. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolutions expressly provide that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. These bonds are not liabilities of the County, and the County is not liable for payment in any way. The issuance of these Bonds will have no impact on the ability of the County to issue "bank qualified" debt. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolutions will have no adverse growth management impact. On the other hand, it will assist in providing affordable housing in Collier County, and the County is committed to assist in the creation of affordable housing by its Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached resolutions. Prepared by: Donald A. Pickworth, Counsel Housing Finance Authority of Collier Count), Approved by: David C. WeigeL County Attorney AGENDA ITEM NC'.' 1 3 2001 Pg. ~ EXECUTIVE SUMMARY Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi-family housing revenue bonds to be used to finance the acquisition of the Goodlette Arms Apartments by a non-profit corporation. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed multi-family revenue bond issue by the Housing Finance Authority of Collier County to be used to finance the acquisition of the Goodlette Arms Apartments by a non-profit corporation. CONSIDERATIONS: The Housing Finance Authority has been requested by Goodlette Arms LLC, whose sole member is Full Circle Communities, Inc., a non-profit corporation to issue its bonds to finance the acquisition of the Goodlette Arms Apartments by the non-profit corporation. Goodlette Arms is a 250 unit complex located at 950 Goodlette Road, and is owned by Goodlette Arms Apartments, an Indiana limited partnership. It was built in 1974 under the HUD Section 8 program under which residents pay no more than 30 % of their income for rent, and HUD makes up the difference up to an agreed rental rate. The HUD contract is due to expire soon, which means that the residents will no longer receive the rental assistance payments from HUD, and the owner will be free to raise the rents to market rates, which are higher than the agreed rates under the HUD contract. Given the extreme shortage of rental units to serve the very very low income classification generally and the particular demographics of Goodlette Arms (low income seniors and disabled persons), this would be a very undesirable situation for the community. To prevent the loss of this Section 8 housing, Full Circle Communities (the non-profit group) has contracted to purchase the project from the current owner, and desires the Authority to issue its bonds to finance the purchase. In return for the financing assistance, the non-profit owner will be required to maintain the current rents and to extend the rental assistance payment program so that current residents will not have a rent increase. In addition, the non-profit will commit to pour most of the cash flow generated back into the project in the form of additional social services to tenants. The bonds will be Fannie Mae insured and will have a AAA rating. The project is consistent with the Growth Management Plan and is properly zoned. No county land use approvals are necessary except for site plan and building permit approvals. The project is well located to provide this type of housing. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must AGENDAI'iTr_bl NOV 1 3 2001 Pg.,, I hold a public hearing, and must adopt a resolution in favor of issuing the bonds. The Authority held an initial meeting to consider the request on August 14, 2001, and an advertised public hearings on the proposal on October 11,2001. The Authority adopted a resolution approving the issuance of the Bonds, a copy of which is attached. Following this approval, the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolutions expressly provide that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The County's Financial Advisor has verified that the issuance of these bonds will not affect the County's ability to issue "bank qualified" debt in 2001. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolutions will assist in providing affordable housing in Collier County. RECOMMENDATION: The Board of County Commissioners adopts the attached resolution. Prepared by: Donald A. Pickworth, Counsel Housing Finance Authority of Collier County Approved by: David weigel County Attorney -2- AGENDA ITEM NO. NOV 13 200! Pg. EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 247 AND 247T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. TONY BARRY, 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 Parcels 247 and 247T for the Golden Gate Boulevard project in the lawsuit entitled Collier Count. v. Tony Bart'3.', et al., Case No. 00-9030-CA. CONSIDERATIONS: On June 20, 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 July 3, 2000, Collier County deposited with the Registry of the Court the sum of $13,600.00 for Parcel 247 and $200.00 for Parcel 247T in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Tony Barry and Christine Barry, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-287). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $18,800.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcels 247 and 247T and $4,200.90 to be paid to Brian Patchen, Esquire for attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $9200.90 with the Registry of the Court. · Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ,~%'FISCAL IMPACT: Funds in the amount of $9200.90 are available from th~ 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. NOV 2001 L_2:L' RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $9200.90 into the Registry of the Court. ,, > Heidi F. A~hton Assistant County Attorney REVIEWED BY: ~'/~~ Date: A. N. Korti, Project Manager Transportation/ECM REVIEWED BY: N'~N~'~- C3~ (~~- Date: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM REVIEWED BY' ,~-~"-" /"~~ Date: /o/'z-'t//-, / Steve Miller, P.E., Director Transportation/ECM REVIEWED BY: Date: /'~/~J"//o//t Norn~ Feder, Administrator Tra~ponation Division APPROVED BY: ~ ~~C:~ Date: /~-~- d/ David C. WeigeF' County Attorney AG~DA I~M h: LitkEmDom, B a.y~x S urn- 247/247T NO. _/~ ; NOV 13 2Ogl 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. Case No.: 00-9030-CA TONY BARRY, et. al., Parcel No: 247/247T Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, TONY BARRY and CHRISTINE BARRY, for entry of a Stipulated Final Judgment as to Parcel Nos. 247 and 247T, 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, TONY BARRY and CHRISTINE BARRY, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, TONY BARRY and CHRISTINE BARRY, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eighteen Thousand Eight Hundred Dollars and No/100 ($18,800.00) for Parcel No. 247 and 247T 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, exclusive of attorney's fees and costs; it is further JNO.AGF'NDA.-~iTEM-~ J I NOV 13 2001 I_ ORDERED that Respondents TONY BARRY and CHRISTINE BARRY, receive from Petitioner as a reasonable attorney's fee the sum of Four Thousand Two Hundred Dollars and 90/100 ($4,200.90) pursuant to Section 73.092(1), F.S.; it is further ORDERED that Petitioner shall deposit an additional Nine Thousand, Two Hundred Dollars and 90/100 ($9,200.90) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that disbursement of the sum of Eighteen Thousand Eight Hundred Dollars and No/100 ($18,800.00), less amounts previously paid for the benefit of Respondents, TONY BARRY and CHRISTINE BARRY, shall be by further order of this Court; it is further ORDERED that the Clerk of this Court shall disburse the sum of Four Thousand Tv~'o Hundred Dollars and 90/100 ($4,200.90) to Brian Patchen, Esquire, EARLE & PATCHEN, P.A.. 1000 Brickell Avenue, Suite 1112, Miami, Florida 33131: it is further ORDERED that Respondents' driveway shall be restored in concrete pursuant to Page 38 of 86 of the County's construction plans of Golden Gate Boulevard from CR 951 to Wilson Boulevard revised on April 13, 2000; it is further ORDERED that Respondents release Collier County, their agents and contractors, from any claims resulting from alleged damage to Respondents' air conditioning system during the construction of Golden Gate Boulevard; it is further ORDERED that title to Parcel No. 247, a roadway, sidewalk, drainage, utility and maintenance easement, and Parcel No. 247T, a temporary driveway restoration easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 20, 2000, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further AGENDAITEM NO. NOV !3 2001 2 Pg. /'j" ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2653, Page 1189 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 247 and 247T; and it is further ORDERED that the Court reserves jurisdiction to determine all matters relating to the apportionment of the proceedings herein, including attorney's fees and costs, if any; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this __ day of . 2001. CIRCUIT COURT JUDGE Conformed copies to: Market Street Mortgage Corporation Heidi F. Ashton, Esquire Collier County Tax Collector Brian Patchen. Esquire Keystone Mortgage Corporation. Inc. Bookkeeping A GE.N.D.A IT. EM NO. NOV 13 2001 3 Pg. .,~ 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 Nos. 247 and 247T. BRI~N P. P.~T~HEN~ EsQ-~I~ HEiDI F. ASHTON, ESQUIRE Florida Bar No. 157545 Florida Bar No. 0966770 EARLE & PATCHEN, P.A. COUNTY ATTORNEY'S OFFICE 1000 Brickell Avenue, Suite 1112 Harmon Turner Building Miami, Florida 33131 3301 East Tamiami Trail (305) 372-1112 - Telephone Naples, Florida 34112 Attorney for Respondents Tony Ban-}, (941) 774-8400 - Telephone and Christine Barry (941) 774-0225 - Facsimile Attorney for Petitioner h: LitX. E. mDom\GG IBBan'y~ FJ-247 &247T AGEND.A. ITF:. M ~ NC). ~ NOV 13 pg. ~1 ~FFICE OF CAPIT/' PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDAi~?112 (.941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO. 247 (~ R.o.w.) GOLDEN CATE BOULEVARD --~mm~ ~'~ 25 FOOT ROAD RIGHT pF WAY I ' DRAINAGE, SlDEWA ,UTILI~, t & MAIN~N~CE ~.SEMENT I : EAST 105 F ~-- LESS TIlE EAST; FEET : TRACT 17 I TRACT 17 / WESTPROP ~L~E J ~ ~TPROPER~ L~E I 75 7~ j330' 7~ 75 J 3~ DESCRIPTION: THE SOUTtl 25 FEET OF THE NORTH 7S FEET OF THE OF THE ~ST 105 FEET, LESS THE ~ST~0 FE~ THEREOF, OF TRACT 17 GOLDEN CATE ESTATES,UNIT NO. g AS RECORDED 3301 Tmniami Trail East Naples, FL 34]12 NOV 1 3 200! t'-l~ J JULY~.I~8 GGB247 SHEET 1 OF 1 Project: Golden Gate Boulevard Parcel: 247T Folio: 37011080008 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 45 feet of the East 75 feet of the South 55 feet of the North 130 feet of the East 105 feet of Tract 17, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of lhe Public Records of Collier County, Florida. · .~. .......... s. '~'~'~; ~blic Wo~ Engln~fing Dept. 3301 Tamiami Trail Hast Naples. ~ 3411~ EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES AND COSTS RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 30T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED JUNE 5, 1986, ET. AL., CASE NO. 99-3040-CA (LIVINGSTON ROAD, PROJECT NO. 65041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees and Costs to be paid for appraisal services, engineering services and expert costs with respect to Parcel 30T in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al., Case No. 99-3040-CA (Livingston Road Project). CONSIDERATIONS: On December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Livingston Road 4- Laning Project No. 65041 (Immokalee Road to Imperial Road). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $48,050.00 for Parcel No. 30T in accordance with the Order of Taking. A Mediation Conference was held on August 2, 2001 at which the parties reached a settlement agreement providing for $77,145.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest, but excluding attorney's fees under Section 73.092(2), F.S., experts' fees, costs and expenses. To conclude this matter, the County has agreed to pay: reasonable fees of the appraiser, W. Michael Maxwell & Associates, in the amount of $8,167.50; reasonable fees of the engineer, Morris-Depew Associates, Inc., in the amount of $3,900.00; and, reasonable costs of Roetzel & Andress Attorney's Title Insurance Fund of Southwest Florida in the amount of $125.00, the terms of which are set out in the Agreed Order Awarding Expert Fees and Costs (attached as Exhibit "1"). FISCAL IMPACT: Funds in the amount of $12,192.50 are available in the Transportation ~~~ Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. AGENDA ITEM, ~ RECOMMENDATION: That the Board of County Commissioners: NO. I ~ I., ~[ I. approve the Agreed Order Awarding Expert Fees and Costs; NOV I 3 2001 Pg. ~ 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $12,192.50 into the Registry of the Court. 1 SUBMITTED BY: , t;'~ , -% __...- Date: He~idi ~: Atght~m - Assistant County Attorney REVIEWED BY: ~"-~ '~~---~'~-"~ Date:*~O/r--'("/~ Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management Steve Miller, P.E., Director Transportation Engineering & Construction Management No~rn Feder, Administrator Transportation Division APPROVED BY: ~ ~-~,'~/ff.--~.--ff~ Date: David C. Weigel County Attorney h: Lit',Fas sett\ExSum-30TAgreedOrder AGENDA ITEM ("I ---'. NOV 13 2001 Pg. .Mj,, ................... ,'%trice g41 ??4 0S25 T-135 P.DOZ/OO3 r.-303 OCT, 25.2881':3~'10: 03R Col IROETZEL&Af~DRES NO. Gg2 P. IN TI~ CIRCUIT COUi~T OF T]~ ~IE'Z'~ JUDICIAL - , AGRE]~ ORDER AWARDING ]~RT ~ AND COSTS L"~)LZJZ~ CO~, FLORIDA, a~d K~s~, I, ~ S~ DA~ ~ ~ ~n~ ~y ~s~ ~ ~o p~ it is.~y ~OU~ O~ ~~ ~ ~~ ~ ~ DO~ (~l~ ~ I ~ AG~DA ITEM NOV 13 2~ ..................... ,, ,,~,,,,. NO. 6,92 P. 3/3 E~ 33902 (~1) 337-3~0 . T~~ 3301 ~ T~ ~I NOV 13 2001 Pg. EX CUTW SVMMAR¥ RECOMMENDATION TItAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE EXPERT FEES ASSOCIATED WITH THE ACQUISITION OF PARCELS 703A, 803A & ~03B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. NAPLES ITALIAN AMERICAN CLUB, INC., ET AL., CASE NO. 98- 1672-CA-01 (AIRPORT ROAD SIX-LANING PROJECT FROM PINE RIDGE RD. TO VANDERBILT BEACH ROAD, PROJECT NO. 62031) OBJECTIVE: That the Board of County Commissioners approve the expert fees and costs associated with acquisition of Parcels 703A, 803A & g03B in the lawsuit entitled Collier County v. Naples Italian American Club, Inc., et al., Case No. 98-1672-CA-01. CONSIDERATIONS: On, July 23, 1998, a Stipulated Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Airport Road Six-Laning Project (Project No. 62031). On August 11, 1998, Collier County deposited with the RegistD' of the Court the sum of Fifty Eight Thousand and No/100 Dollars ($58,000.00) for Parcels 703A, 803A & 803B 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 $2,248.08 for the engineering services of Wilkison & Associates with respect to Parcels 703A, 803A & 803B, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "1"). Additionally, pursuant to Section 73.091 (1), Florida Statutes. the County has agreed to pay reasonable appraisal fees in the amount of $6,300.00 tbr the appraisal services of Carroll and Carroll, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "2"). TransS CAL IMPACT: Funds in the mount of $8,548.08 are available in the P°rtation Gas 'l'~xx Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Expert Fees and Costs; and '~'" 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $2,248.08 into the Registry of the Court. NO. t t,,AC"~d~IDAI-ITEM~ NOV 13 2001 Pg.,,l Heidi' ~.-Asht0n Assistant County Attorney REVIEWED BY: /,~'d.t~___--~_~. Date: A. N. Korti, Project Manager, PWED Mitch Riley, P.E., Sr. Project Manager Transportation/ECM REVIEWED BY: ~-""~'~"~'"" /' t~'~''?~' ~'~- Date: Steve Miller, P.E., Director .... TransporJation/ECM / REVIEWED BY: NTrm ~/"~~/~ Date: Feder, Administrator Transportation Division APPROVED BY: ,((/"~.('.~ // (' /',fl/'~,; .,F_[) // / ,~; ~ -r,. Date: David C. Weigel ~ County Attorney AGENDA ITEIV~ NO. ~ NOV 13 2D01 P~. ~ 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, CASE NO. 98-1672-CA vs. Parcels: 703A, 803A & 803B NAPLES ITALIAN-AMERICAN CLUB, INC. a Florida corporation, et al., Respondents. AGREED ORDER AW.~RDING PARTIAL EXPERT FEES THIS tX,lATTER, having come before the Court upon Joint Motion made by the Petitioner. by and through its undersig~ned counsel, and Respondents, JOAN S. HERRING. a,/k'a JOAN CASTLE HERRING, c¢~b/a JOAN S. WARD, individually; WHITLEY S. WARD. individually: JOHN E. CRIMMEL. SR., as Trustee of the John E. Crimmel Declaration of Trust; and SHARON T. CRIMMEL. as Trustee of the Sharon T. Crimmel Declaration of Trust, by and through their undersigned counsel, and the Court having been fully advised in the premises thereof, it is ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall, within twenty (20) days from date of approval by the Collier County Board of Count,',' Commissioners, pay a total of TWO THOUSAND TWO HUNDRED FORTY EIGHT and 08/100 DOLLARS ($2,248.08) for engineering services with respect to Parcels 703A, 803A & 803B. Payment shall be disbursed to EARLE & PATCHEN, P.A. TRUST ACCOUNT, by mailing such payment to Brian P. Patchen. Esq., 1000 Brickell Avenue. Suite 111 '~ .Miami. Florida '~'~ 131' AGENDA ITEM  NO. IL~ '~ NOV 13 2001 and IT IS FURTHER ORDERED AND ADJUDGED that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. It is further ORDERED AND ADJUDGED that the Court reserves jurisdiction to determine and assess attorneys' fees and costs in connection with any further proceedings in this matter. DONE ANT) ORDERED in Naples. Collier County, Florida this day of ,2001. Circuit Court Judge Conformed Copies: Joe W. Fixel. Esq. Heidi F. Ashton, Esq. Brian P. PatcheD, Esq. JOINT MOTION The parties, by and through their undersigned attorneys, move the Court for ento' of the foregoing Agreed Order Awarding Partial Expert Fees. ~ Dated: (,_3~- '~ ,2001 Dated://~ ',/~/~Z/-"/7'.2001~ · BRIAN P. PATCHEN FL Bar No. 0966770 FL Bar No. 157545 County Attorney's Office Earle & PatcheD, P.A. 3301 E. Tamiami Trail 1000 Brickell Avenue, Suite 1112 Naples, FL 34112 Miami, Florida 33131 941/774-8400 -- Telephone 305/372-1112 - Telephone and ATTORNEY FOR RESPONDENTS JOE W. FIXEL, Esq. FL Bar No. 0192026 FIXEL & MAGUIRE 2 l 1 South Gadsden Street Tallahassee. FL 32301 850/681-1800 - Telephone ATTORNEYS FOR PETITIONER I AGENDAITEM % NO. ILo t... NOV 1 3 2001 I fl Esq. Bdan ~Patr. hen Esq ............ ' .. ' P~, ~ ~d ~ ~r ~~ ~ey~ ~e ~e Co~ f~ c~ of ~e ~p~a~dR0et , Da~; .~" '. ~ ~ - ~ ~.~o~, ~q. Bdc~U Av~. S~ 1112 · 3301 ~tT~ T~ Eoi~ 33131 N~l~, ~ 34112 A~O~Y FOR ~po~S ~1] 77~9-5 - Facs~c ~W.~~Q, ~ B~ No. 0192~ 850/681-1~- T~o~ A~~S ~g ~1~O~ ; A~DA ~M ~- '"' -~'":': : '; ' NOV ~3 200~ .. EXECUTIVE SUMMARY PETITION PUDZ-01-AR-620, ANITA L. JENKINS OF WILSONMILLER, 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 THE MEDITERRA PUD, REDUCING DENSITY, AND ADDING A V~LAGE 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 & 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from the Rural Agricultural Zoning District and PUD to a new PUD as noted above to allow for the addition of 213.7-acres to the Mediterra PUD and permitting a Village Center consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this golf course community. CONSIDERATIONS: This proposed petition is intended to add 213.7-acres of land that will increase the overall acreage of the PUD from 954-acres to 1,168-acres for that portion of the project within Collier County. This currently approved development also contains approximately 491 acres in Lee County. Since no additional dwelling units are proposed over the currently approved maximum of 750 dwelling units, the maximum density will be reduced to 0.64 units per acre. In addition, this petition allows for a 20,000 square foot Village Center to be located on the proposed added lands. The residential tracts comprise 306-acres and is designed around 386.l-acres of golf course and open space areas. The Village Center area permits small-scale retail uses that primarily serve the residents of Mediterra. The access to the PUD has been approved by the Transportation Services Department and is located along the northerly extension of Livingston Road from Immokalee Road (CR-846) into Lee County. Lastly, the Southwest Florida Regional Planning Council has reviewed a binding letter amendment and they have determined that the proposed changes do not create regional impacts and that the Mediterra Development, including the proposed expansion areas, is not a Development of Regional Impact. Transportation Department has also reviewed the applicant's Binding Letter of Interpretation Traffic Impact Statement (TIS) and has the following comment. The existing PUD Zoning could generate 7,072 Average Vehicle Trip Ends at the proposed build-out in 2004. Since no additional dwelling units are proposed, the difference in site-generated trips of the proposed amendment versus the currently approved PUD zoning is insignificant. As a result, no roadway segment will be significantly or adversely impacted by this proposed amendment. Therefore, this petition is consistent with Policies 5. and 5.2 of the Transportation Element of the GMP. i NOV 1 3 2001 FISCAL IMPACT: This petition is only to add 213.7-acres to the Mediterra PUD. No additional floor area or dwelling units are proposed over the amount currently approved. Therefore, this petition by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GRO%VTH MANAGEMENT IMPACT: The subject PUD is designated Urban (Urban - Mixed Use District, Urban Residential Sub-district) on the Future Land Use Element (FLUE) and Map 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 original 954-acre development that lies within Collier County was approved in 1999 and permits 750 dwelling units, 36 holes of golf, ancillary recreational uses, and a Village Center. As previously noted, this petition will increase the overall land area to 1,168-acres while maintaining the same number of dwelling units. As a result, the density will be reduced to 0.64 units per acre, which are 3.36 units per acre less than the base density of 4 units per acre the project is eligible to receive. As a result, staff is of the opinion that the proposed prgject is consistent with the Density Rating System of the GMP. In addition, the PUD currently permits a Village Center allowing for small-scale retail uses, which are in accordance with the PUD Neighborhood Village Center Sub-district of the FLUE. It is also consistent with Section 2.2.20.3.14 of the Land Development Code, which limits the gross acreage of the neighborhood village retail center to 4.5 acres and a maximum floor area ratio of 0.25. Since the PUD limits the commercial floor area to 20,000 square feet (below this limit), this criterion has been complied with. In addition, the currently approved Mediterra PUD document contains specific deviations from the Neighborhood Village Center Sub-district design standards. The Board of County Commissioners (BCC) should be aware that deviations are requested for the second Village Center area and that they may approve these deviations pursuant to Section 2.2.20.3.14 of the Land Development Code. These deviations are as follows: (1) To provide a pedestrian walkway system throughout the PUD. (2) Section 4.5 ("D" & "E") of the PUD Document allows deviations from the location standards as provided for in the Village Center criteria of the LDC. (3) The PUD Document does not reference the phasing of the Village Center as required by the Neighborhood Village Center provision of the LDC that states that no commercial building construction in the Village Center shall be allowed until construction has commenced on at least 30 percent of the residential units. NOV 1 3 2001 2 va. ~ 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 CounW Probability Map. Therefore, no Historic and Archaeological Survey & Assessment or a waiver is required. ENVIRONMENTAL ISSUES: The Environmental Impact Statement (EIS) for the 213.7-acres of land to be added to the PUD has been reviewed by the Community Development Environmental staff. The EIS indicates that the site contains 62.9-acres of SFWMD jurisdictional wetlands. These consist of hydric pine flatwoods, pine cypress mix and melaleuca. The proposed project will preserve 24.2 acres while impacting 43.8-acres or approximately 70 percent of the jurisdictional wetlands. The project related wetland impacts will be compensated for by reforestation, removal of exotics and hydraulic improvements. In addition, the PUD allows for additional mitigation to be purchased from an approved mitigation bank. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council (EAC) heard this item on June 6, 2001 and they unanimously recommended approval. The primary reason expressed by the EAC for the recommendation of approval was based on the project's consistency with the policies of the Growth Management Plan. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public .hearing on September 20, 2001. By a vote of 8 to 0, the CCPC forwarded Petition PUDZ-01-AR-620 to the Board of County Commissioners with a recommendation of approval subject to staff stipulations that have been incorporated into the PUD document. The Planning Commission found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. It should be noted that no one spoke in opposition during the hearing and Staff has not received any letters opposing the project. As a result, this petition was placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-01-AR-620 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. ' AGENDA ITEI~ ._ ~" ~o. 1'7 3 PREPARED,.__, _.__ ~ ///BY: RAY t~L~S, PRINCIPATL PLANNER DATE CLTRR~NT PLANNING SECTION REVIEWED BY: SUSAN/MURRAY, AICP, MANAG ' DATE CURRENT PLANNING SECTION THOMAS E. KUCK, P.E., ACTING DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVED BY: JOHN ~ I~UN/',~CK, I12, INTERIM ADMINISTRATOR DATE COMMUBnTY DEV. AND ENVmONMENTAL SVCS. PUDZ-01 -AR-620/EX SUMMARY/RVB/rb .0._/7 L2 NOV I 3 2001 pg._,x.]C _ ~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 27, 2001 RE: PETITION NO: PUDZ-2001-AR-620, MEDITERRA PUD AGENT/APPLICANT: Agent: Mrs. Anita L. Jenkins Owner: Long Bay Partners, L.L.C. WilsonMiller, Inc. 3461 Bonita Bay Blvd., Suite 104 3200 Bailey Lane, Suite 200 Bonita Springs, Florida 34134 Naples, Florida 34105 GEOGRAPHIC LOCATION: The subject property is located on the north side of the Future east/west Livingston Boulevard right-of-way and approximately one half mile west of 1-75 in Sections 11 & 12, Township 48 South, Range 25 East. REQUESTED ACTION: To have the Collier County Planning Commission consider a proposed rezone of the subject site from "A" Agriculture, "A-ST" and PUD to Planned Unit Development (PUD) for the purpose of adding 213.7-acres to the Mediterra PUD and to permit a 20,000 square foot Village Center. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to rezone 213.7-acres from Agricultural to PUD for the purpose of incorporating the land. into the Mediterra PUD. The additional land will increase the overall acreage of the PUD from 954-acres to 1,168-acres for that portion of the project within Collier County. This currently approved PUD project also contains approximately 491 acres in Lee County. Since no additional dwelling units are proposed with this petition, the maximum density will be reduced to 0.64 units per acre. In addition, this petition allows for a 20,000 square foot Village Center to be located on the proposed added lands. The Village Center permits small-scale retail uses that primarily serve the residents of Mediterra. NOV ! 3 200! 1 Pg- ~ NOV 1 3 2OO~ . ~ ~ ~ _ ~ ...... PUD MASER P~N ~. ~ PREPARED ~R: ~E ~ON~A BAY ~P The PUD was approved for a maximum of 750 dwelling units in Collier County and 950 units overall. The Master Plan remains essentially the same except for the 213.7-acres proposed to be added at the southeast comer of the approved PUD. The intent for the consolidated area is to allow for some of the approved uses including residential units, village retail uses, lakes and preserve areas to be to be relocated from the currently approved boundaries and thereby providing for a lower density development. Lastly, the Southwest Florida Regional Planning Council has reviewed a binding letter amendment and they have determined that the proposed changes do not create regional impacts and that the Mediterra Development, including the proposed expansion areas, is not a Development of Regional Impact. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject 213-acre site that is to be added to the Mediterra PUD is currently undeveloped and is zoned Agricultural. Surrounding: North: Lee County and the undeveloped Ronto Livingston DRI is approved for 1,380 units at a density of 2.98 units per acre. East: Vacant agricultural land and the undeveloped Ronto Livingston PUD/Dm. South: Developed single-family residential zoned RSF-3 and vacant agricultural land. West:Developed industrial zoned land. I~GEI~A IT~ ~._ NOV 13 2001 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 subject PUD is designated Urban (Urban - Mixed Use District, Urban Residential Sub-district) on the Future Land Use Element (FLUE) and Map 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 original 954-acre development that lies within Collier County was approved in 1999 and permits 750 dwelling units, 36 holes of golf, ancillary recreational uses, and a Village Center. As previously noted, this petition will increase the overall land area to 1,168-acres while maintaining the same number of dwelling units. As a result, the density will be reduced to 0.64 units per acre, which are 3.36 units per acre less than the base density of 4 units per acre the project is eligible to receive. As a result, staff is of the opinion that the proposed project is consistent with the Density Rating System of the GMP. In addition, the PUD permits a Village Center that allows for small-scale retail uses that are in accordance with the PUD Neighborhood Village Center Sub-district of the FLUE. It is also consistent with Section 2.2.20.3.14 of the Land Development Code, which limits the gross acreage of the neighborhood village retail center to 4.5 acres and a maximum floor area ratio of 0.25. Since the PUD limits the commercial floor area to 20,000 square feet (below this limit), this criterion has been complied with. However, the Mediterra PUD document does not contain the specific deviations from the Neighborhood Village Center Sub-district. The Board of County Commissioners (BCC) should be aware that deviations exist and that they may approve these deviations pursuant to Section 2.2.20.3.14 of the Land Development Code. These deviations are as follows: (1) The petitioner is requesting deviations from the provision of providing a pedestrian walkway system throughout the PUD. (2) Section 4.5 CD" & "E") of the PUD Document allows deviations from the location standards as provided for in the Village Center criteria of the LDC. (3) The PUD Document does not reference the phasing of the Village Center as required by the Neighborhood Village Center provision of the LDC that states that no commercial building construction in the Village Center shall be allowed until construction has commenced on at least 30 percent of the residential units. Transportation Element: Transportation Planning staff has reviewed the applicant's Binding Letter of Interpretation Traffic Impact Statement (TIS) and has the following comment. The existing PUD Zoning could generate 7,072 Average Vehicle Trip Ends at the proposed build-out in 2004. Since no additional dwelling units are proposed, the difference in site-generated trips of the proposed amendment versus the currently approved PUD zoning is insignificant. As a result, no roadway segments will be significantly or adversely impacted by this proposed amendment. Therefore, tl~ ~ is consistent with Policies 5.1 and 5.2 of the Transportation Element of the GM] NOV 1 3 2001 3 Pg.~--~ Open Space/Conservation Element: The currently approved Mediterra PUD far exceeds the minimum thresholds required for open space and conservation preservation. The annexation of an additional 213-acres will not reduce those levels. Sewer and Water: The subject property will become an integral part of the Mediterra PUD that will be connected to Collier County's sewer and water system. Because this petition doesn't allow for additional dwelling units, there are no additional demands to the sewer and water system over the amount that was previously approved. 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. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. 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 concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. The petitioner has submitted an Environmental Impact Statement (EIS) for the 213.7-acres of land to be added to the PUD. This EIS indicates that the site contains 62.9-acres of SFWMD jurisdictional wetlands. These consist of hydric pine flatwoods, pine cypress mix and melaleuca. The proposed project will preserve 24.2 acres while impacting 43.8-acres or approximately 70 percent of the jurisdictional wetlands. The project related wetland impacts will be compensated for by reforestation removal of exotics and hydraulic improvements. ~./~o^ ~w.~ 4 NOV 13 20QI In addition, the PUD allows for additional mitigation to be purchased from an approved mitigation bank such as the Panther Island Mitigation Bank. The Environmental Advisory Council (EAC) heard this item on June 6, 2001 and they recommended approval as submitted. The Transportation Services has also recommended approval. 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 shall 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 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. 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 County Commissioners has reviewed similar rezone requests within this "Urban Residential" designated area where there is an opportunity to approve residential uses when deemed appropriate. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Existing Land Uses - As shown in the photo below, the 213-acre site will to be incorporated into the Mediterra PUD is located on'the east side of Livingston Road. Furthermore, the adjacent Ronto Livingston PUD has been approved for 1,380 dwelling units and permits similar dwelling types. Clearly, the annexation of this additional 213- acres and its inclusion in the Master Plan is preferable to its development independent from Mediterra where traffic circulation and design would be different and less compatible. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. t~c.,k~ ~r~ '" NOV 1 3 200t View from Livingston Road 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 Mediterra PUD is consistent with the GMP. These uses are also compatible with the adjacent and nearby residential communities. Given the urban influence impacting this area, the proposed rezone to allow a commercial development similar to those uses approved in this area are consistent with requirements of the FLUE to the GMP. Traffic Circulation and Impact - Staff has identified the fact that the proposed project will not add additional dwelling units over the amount that was previously approved. Furthermore, this amendment allows the shifting of some of the approved Village Center uses to the added lands in order to serve the residents within the eastern side of the Mediterra PUD. The Village Center areas will provide goods and services for residents within the PUD. This is intended to reduce the need of residents to travel outside the development thereby reducing traffic on the local arterial road network. As a result, this petition will not have an adverse impact on county road network 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. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition Number: PUDA-2001-AR-620 to the Board of County Commissioners with a recommendation for approval. 6 NOV 1 3 2001 PREPARED BY: REVIEWED BY: ,,~USAN MUP.RAY, AICP, MANAGE ,R,J DATE CURRENT PLANNING SECTION THOIQIAS E. KUCK, ?.E, ACTING DIRECTOR DATE ?LANN~G SERVICES DE?ARTMENT APPROVED BY: ADMINISTRATOR/J~HN M. DUNNUCK, III, INTERIM DATE ~OMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for September 20, 2001 CCPC meeting. JOYCEA~A J. RAUTIO, CHAIRMAJ RVB/rb/STAFF REPORTIAR-620 ~GF_NDA NOV 1 3 200~ FINDINGS FOR PUD PUDZ-01-AR-620 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: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 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) Development of land that has legal access, is adjacent to existing residential uses is particularly suitable for a mixed-use development that includes a golf course, a neighborhood commercial center and residential. Con: (i) Existing neighboring residents often perceive new development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Findine: 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 that 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. 2. Adequacy of evidence of unified control and suita'bility 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. Findine: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Exhibit "A" I,~_/7 NOV 13 2001 L 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: (i) The development strategy for the subjeci property is entirely consistent with the goals, objectives and policies of the GMP. 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 at a density under one unit per acre, which is consistent with the Future Land Use Element (FLUE) of the GMP. 4. 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 subject 213-acre site has been designed to provide an architectural design and development standards that reflect the approved Mediterra PUD design character. In addition, landscaping has been provided to buffer the adjacent residential tracts. 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. 5. 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. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary. Finding: Timing or sequence of dex3elopment in light of concurrency '~ requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. - ~._l~ F~ NOV 1 3 200! 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to modify the existing residential zoning on the subject site that will allow for a more compatible project. Lastly, this project will not adversely impact any adopted level of service standard. 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. Relative to this petition, developmen.t of the subject property is timely, because supporting infrastructure is available. 8. 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. FIND1NGS FOR PUD-01-AR-620/RVB/rb NOV 1 3 2001 3 REZONE FINDINGS PETITION PUDZ-01-AR-620 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 & 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 Snmmary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within this PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (A detailed study is contained in the staff report.) Summary Findings: The subject 213-acre site will be incorporated into the Mediterra PUD to the west and is located outside the Traffic Congestion Boundary. The adjacent uses include residential to the north, west and east and agricultural to the south. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size and is located within the Urban Residential Sub-district on the Future Land Use Map. Con: None. EXHIBIT "B" NOV 13 2001 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. 4. 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 the subject PUD provides an extension of the existing residential PUD to the west. 5. 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 to the east and west. Furthermore, the subject PUD has a positive relationship to the GMP. Con: None. Summary Findings: The proposed change in zoning is appropriate since it is consistent xvith the FLUE and Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) 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 Mediterra on the residential subdivision to the south. 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 low-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 adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. ~ ~xr~"x - 2 NOV 1 3 21301 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the Transportation Element. (See Staff Report) (ii) The property has legal access thereby providing access to Livingston Road, xvhich connects to the arterial road network over which traffic from 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. 8. 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. - z7 NOV ! 3 2001 3 Summary Findin£s: 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. 9. 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 east. In addition, the maximum height for the structures as provided for in the approved Mediterra PUD is similar to the maximum height permitted within the nearby projects to the east. The overall development standards are compatible with the standards listed for the similar 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. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. 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. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. NOV 1 3 2001 Summary. Findinl~s: 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. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, 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. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the Count3'; 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 subdivision to the east 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. Summary Findings:' The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable'for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. NO~ I 3 2{301 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. 16. The physical characteristics of the property and .the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject properly is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. 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. 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 Grmvth 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 resp'onsible 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 F[NDINGS/01-AR-620/RVB/rb NOV t3 2001 Item V. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 6~ 2001 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUDZ-2001-AR-620 Petition Name: Mediterra PUD Applicant/Developer: Long Bay Partners, L.L.C. Engineering Consultant: Wilson Miller, Inc. Environmental Consultant: Wilson Miller, Inc. II. LOCATION: The subject property is located on the north side of future east/west Livingston Road, approximately one mile east of Interstate 1-75 and two miles north of Immokalee Road, in Section 11 & 12, Township 48 South, Range 25 East, Collier County, Florida. The 213.71 acres to be added to the PUD are located immediately to the east of the existing PUD, on the east side of north/south Livingston Road. The existing PUD lies on the west side of north/south Livingston Road. Ill. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include a mixture of developed and undeveloped parcels. ZONING DESCRIPTION N - Lee Count}' Partially Developed PUD (Ronto Livingston) Undeveloped S - R.O.W. east/west Livingston Road Agricultural Undeveloped RSF-3 (Imperial Golf Estates) Developed E - R.O.W. north/south _ Agricultural Mostly [ nc ,~-_~.a__ 17 [\ NOV I 3 2001 EAC Meeting Page 2 of 11 PUD (Ronto Livingston) Undeveloped W - Industrial Partially Developed IV. PROJECT DESCRIPTION: The intent of this petition is rezone 213.7-acres from "A" Agriculture and A/ST to the Mediterra PUD. The purpose is to allow a 20,000 square foot Village Center within the added Mediterra east property and to shift some of the approved residential dwelling units over a larger area. This additional land will increase the overall PUD size to 1,168-acres while reducing the overall density to 0.56 units per acre. The Master Plan indicates that the main access points to this added property is from the Future Livingston Road Boulevard while the primary access to the Village Center will be from an internal project road. Lastly, water and sewer service are readily available to support development of the site. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject PUD is designated Urban Residential Sub-district on the Future Land Use Map and Element (FLUE) of the Growth Management (GMP). This designation permits residential land uses and the proposed Village Center is consistent with the provisions in the Future Land Use Element permitting pLrD neighborhood village centers to serve the residents within the development. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed uses are consistent with the Future Land Use Element of the GMP. Conservation & Coastal Manaeement 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. ,2 ? o in that it .attemnm-u~ ..~ This project is consistent with the objectives of polic5 .... . . - mimic or enhance the quality and quantity of water leaving the s~t~ o,~ ul~nzmg-- · EAC Meeting Page 3 of 11 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". 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 space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted 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 Boar Commissioners, to allow for impacts to jurisdictional wetlands w!. Federal agency permits are issued. The petition is consistent with O': .~. NOV 1 3 2001 EAC M~ting Page 4 of 11 that it provides for 25% on-site native vegetation preservation pursuant to Policy 6.4.6. VI. MAJOR ISSUES: Water Management_: The proposed stormwater management system for Mediterra East will route runoff from the roads, roofs, and "green" spaces to a series of interconnected lakes to provide water quality retention and peak flow attenuation. These lakes are connected via pipes under Livingston Road N/S to the existing stormwater management lakes in the original Mediterra project. The petitioner has committed to incorporating natural drainage patterns into the surface water management system wherever possible. The project will be reviewed by the South Florida Water Management District, and once their requirements are met, the project will be permitted. Environmental: Site Description: The Mediterra east property is undeveloped with large areas altered from their natural state by past agricultural activities and construction of electrical power lines. Undisturbed vegetation associations are concentrated in the northern third of the site. Roughly 70% of the property is uplands. Of the upland areas, over 38% are comprised of pastures and agricultural fields while over 18% consist of cleared power line easements and fights-of-way (ROW) for north/south Livingston Road (under construction) and future east/west Livingston Road. The remaining uplands mainly include areas dominated by pine flatwoods and Melaleuca. Wetlands comprise roughly 30% of the site (based on SFWMD jurisdictional determination). Remaining native vegetation associations mainly consist of pine flatwoods and mixed pine and cypress forests. NOV 1 3 2001 EAC Meeting Page 5 of 11 Pine Flatwoods-Graminoid Understory (FLUCFCS Code 416E2) According to the Collier County Soil Survey prepared by the Natural Resources Conservation Service (NRCS), five soil map units are present on the Mediterra east project site. These units include the following: (Unit 2) Hoiopaw fine sand, limestone substratum; (Unit 14) Pineda fine sand, limestone substratum; (Unit 17) Basinger fine sand; (Unit 25) Boca, Riviera, limestone substratum and Copeland fine sand, depressional; and (Unit 27) Holopaw fine sand. All these units are classified as hydric soil units by the NRCS. Wetlands: The Mediterra east project site contains 62.69 acres of South Florida Water Management District (SFWMD)jurisdictional wetlands. The major vegetation types within the wetlands on site include hydric pine flatwoods, pine/cypress mix and Melaleuca monoculture. Minor areas of cypress and willow also exist on the property. Existing seasonal high water (SHW) levels in representative portions of wetlands on site were determined using hydro-biological indicators and groundwater monitoring well data collected in 1999 and 2000. Hydro-biological indicators used to assess SHW included water stain lines, moss collars, and lichen lines. Historic SHW levels were estimated using biological indicators such as lichen lines and buttressing. Table 4 in Appendix B of the EIS contains topographic and hydrologic data for ;,,etlam_ts within the Mediterra east property. A comparison of the existing and !q~,--.toric SI--IXV levels indicates that site wetland hydrology' has been a. lter-ed ,es. uh ,;f surroundina~ obstructions (roadways, berms, FPL easemen adlal~Offill3AIl~. NOV 1 3 2001 EAC Meeting Page 6 of 11 development, etc.) and ditches that have caused diversion of historic flow through the site. Water table data collected from site piezometers indicates that the current SHW levels are approximately 0.7-1.1 feet lower than historic SHW levels. Additionally, the existing average wet season water table (WSWT) is approximately 2.0-2.3 feet lower than the existing SHW. The reduced hydrology has allowed Melaleuca to invade the site. Melaleuca (FLUCFCS Code 424) The proposed Mediterra east expansion will impact approximately 70% (43.86 acres) of wetlands on site. Wetland loss will be compensated for by on-site mitigation activities. Wetland conservation areas on site will be enhanced by removal of exotic plants, reforestation with native species, and hydrologic improvements. Of the 24.20 acres to be placed in a conservation area, 18.45 acres represent existing wetlands to be preserved and enhanced while 0.93 acres represent wetlands to be created (restored) from present-day uplands (a dirt road). Approximately 4.82 acres of uplands will also be preserved in the conservation area, and will be enhanced throUgh eradication of exotics. In the event proposed on-site mitigation is insufficient to compensate for wetland losses, additional credits will be purchased from an approved mitigation bank such as Panther Island Mitigation Bank. It is estimated that approximately 11.3 credits would be purchased to compensate for the on-site mitigation deficit. Lands within the Mediterra east expansion area were designed so the conservation area would connect with the off-site preserve in Tuscany Reserve, thus providing for ~t larger more functional preserve area. AC.W. nOA rrrr~ preserx'ation Requirements: NOV 1 3 2001 EAC Meeting Page 7 of ! 1 Approximately 51 acres of the 214-acre Mediterra east expansion area are vegetated with native vegetation. In calculating the percentage of native vegetation within a given FLUCFCS type which counts towards the native vegetation preservation requirement, any areas with 75% or greater cover of exotic plants were considered to be non-native and not counted towards this. Areas that had been completely cleared of former native vegetation (power line easements, roads, etc.) were similarly considered as having no native vegetation remaining. Many areas on the site have been disturbed in the past but still have remnants of the forested systems originally present. In these areas, the amount credited towards the native vegetation requirement was estimated based on the percent of native canopy remaining (Table 2, Page B-2 of the EIS). Fallow Agricultural Land (FLUCFCS Code 216E1) with Woodland Pasture (FLUCFCS Code 213E3) in background. A total of approximately 24.20 acres of native vegetation are proposed for preservation within the Mediterra east expansion area. This exceeds the 25% (12.75 acres) required by the Land Development Code. Listed Species: Biological surveys of the Mediterra east property were performed during the period from November 1999 through November 2000 using field methodology that met Florida Fish and Wildlife Conservation Commission (FFWCC) guidelines. The surveys were performed to document vegetative associations and to locate and document any listed plant or wildlife species that maYl~ project site. Results of the survey are provided in Appendix D in [h{ ta..>. ~nms,,., /.-4-- NOV 1 3 2001 EAC Meeting Page 8 of 11 report encompasses the entire Mediterra expansion project which involves the addition of two parcels: Mediterra east, the 213.71 acre parcel that is the subject of this submittal; and Mediterra north, a 41.12 acre parcel located in Lee County. The report includes information regarding the Lee County property because a Binding Letter of Determination and an amendment to the Lee County Mediterra RPD are being submitted concurrently with this amendment to the Mediterra PUD. Durine the listed species survey, three active gopher tortoise burrows were obser~'ed on the Mediterra east property (Exhibit 1 in the EIS). It is estimated that two or three tortoises represent the population. Two of the burrows are in close proximity to each other and may be utilized by a single tortoise. All the burrows appear to have been constructed by adult tortoises. The habitat occupied by these tortoises is of low quality. Gopher tortoises located on the Mediterra east property will be relocated to the existing permanent gopher tortoise preserve which spans both Collier and Lee Counties within the existing Mediterra property. The location of the gopher tortoise preserve is shown in Figure 9 of Appendix C in the EIS. Vegetative communities in the gopher tortoise preserve include live oak, pine flatwoods with palmetto understory, and limited areas of improved pasture, scrubby flatwoods, and mixed pine and cypress. Tracts of a single American alligator were observed on the edge of wetland #49 in the Mediterra east property (Exhibit i). Judging from the size of the tracts, the alligator is likely young and no more than 3 to 4 feet in length. It is unlikely the animal remains in the wetland since it is only inundated for a couple of weeks during the peak of the normal wet season and there is no prey base (no fish, few amphibians or reptiles). No other listed wildlife species were observed nor were signs of such animals detected on the Mediterra east property during the course of the listed species survey or during prior site inspections. No listed plant species were observed on the property. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2001-AR- 620 "Mediterra PUD" with the following stipulations: Water Management: 1. A SFWNfD Surface Water Management System permit for this p~ -"': be obtained prior to any construction drawing approval. 't ~.__/_~7 {'2? I ,, av 2001 EAC Meeting Page 9 of 11 Environmental: No additional stipulations. NOV 13 200t EAC Meeting Page 10 of 11 PREPARED BY: STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: R//AY~ON~D V. BELLOWS DATE PRENCIPAL PLANNER ~/~ //~ / /S"(JS AN MURRAY, DATE INTERIM CURRENT PLANNING MANAGER THOMAS E. KUCK, P.E. DATE APPROVED BY: NOV APPLICATION FOR PUBLIC ItEARING FOR: PUD REZONE PUDZ-2001-AR-620 Mcditerra PUD PetitionProj. # 2001040010 Date Petition Received: DATE: 4/6/01 Commi Planner Assigned: tRY4/' /~gA, Z_Oc,x.5 ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Long Bay Partners, L.L.C. Applicant's Mailing Address 3461 Bonita Bay Blvd., Suite 104 City Bonita Springs State FL Zip 34134 Applicant's Telephone ii (941) 495-1000 Fax # (941) 498-1193 Name of Agent Anita L. Jenkins, ACIP Firm Wilson Miller. Inc. Agent's Mailing Address 3200 Bailey Lane, Suite 200 City Naples State FL Zip 34105-8507 Agent's Telephone ii (941) 649-4040 Fax # (941) 643-5716 Name of Agent Neale Montgomery Firm Pavese, Garner }-Iaverfield. Dalton. Harrison & Jensen, L.L.P Agent's Mailing Address PO Drawer 1507 City Ft Myers State FL Zip 33902 Agent's Telephone # (941) 336-6235 Fax # (941)332-2243 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 ,~C.,ENO~. llT~ PHONE (941) 403-2400 / FAX (941) 643-6968 '~' / ?}-~- NOV 13 200! 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary'.) Naxne and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address and Office Percentage of Stock see attached c. 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 NOV 13 200! d. 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 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: Name and Address Percentage of O~vnership f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired [] leased [] Term of lease __ yrs./mos. If Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. 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 Applicant shall submit four (4) copies of a recent survey (completed within th, lashs.ix months, maximum I" to 400' scale) if required to do so at the pre-application me :ting. - NOV 13 2001 };S JO 1-9 1557 Vet' 0 I!.Ale~s 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 ina}, be required. Section: Township: Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Metes & Bounds Description: Please see attached Description of Mediterra Expansion East. 4. Size of propert3.': __ fi. x __ ft. = Total Sq. Ft. Acres -21-4+ 5. Address/general location of subject property: Northeast corner of Livin.oston Road N/S and Livineston Road E/W 6. Adjacent zoning and land use: Zoning Land Use N Ronto Livin.oston PUD Residential S Agriculture vacant E Ronto Livingston PUD Residential W Mediterra PUD Residential 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: ,~,c..L~.~ ~.7.~.~ 'OV 3 200 7. Rezone Request: This application is requesting a rezone from the ARricultural "A" zoning district(s) to the PUD zoning district(s). Prese~t use of the propert.',': The propert,,' is currentlx' x.'acant. Proposed use (or range of uses) of the property: Residential and ',,illatze center uses. 8. E'~'aluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier Countx, Land Dex'elopment Code, staWs analysis and recommendation to the Con~missiot~, and the Pla~aning Con, mission's recommendation to the Board of Cougar)' Commissioners shall be based upon consideration of the applicable criteria noted below. Prox'ide a narratix'e staten~ent describi~g the rezone request with specific refere~ce to the criteria noted below. Include any backup materials and documentation in support of tl~e request. NOV 1 3 200I 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To }'our knowledge, has a public hearing been held on this property within the last }tear? If so, what v, ras the nature of that hearing? NOV 3 2001 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. Name of Applicant: Long Bay Partners, L.L.C. 2. Mailing Address: 3461 Bonita Bay Blvd.. Suite 104 City Bonita Springs State FL Zip 34134 3. Address of Subject Property (if available): Northeast corner of Livingston Road N/S and Livineston Road E/W 4. Legal Description: Section: 12 Township: 48S Range: 25E Lot: Block: Subdivision: Plat Book: Page #: __ Property I.D.#: See attached Exhibit "B" Metes & Bounds Description: 5. Type of sewage disposal to be provided (check applicable system): a. Count>' Utility System [] b. City Utility System [] c. Franchised Utility System [] Provide Name d. Package Treatment Plant [] (GPD capacity) e. Septic System [] 6. Type of water service to be provided: a. County Utility System [] b. City Utility System [] c. Franchised Utility System [] Provide Name d. Private System (Well) [] 7. Total population to be served: approximately 600 people 8. Peak and Average Daily Demands: A. Water - Peak 328.421 GPD Average Daily 91.228 GPD B. Sewer- Peak 285.210 GPD Average Daily 71.303 GPD ,, NOV 1 3 2001 9. If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: June 2002 10. Narrative Statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Not applicable. 11. Collier Count)' Utilit)? 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 time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the Count3' Utilities DMsion prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Please refer to Section 7.5 of the Mediterra PUD document. 12. Statement of availabilit)' capacit)' 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. Not applicable. A GE_h~)A ITE~x NOV 13 200I PUD REZONE APPLICATION SUBMITTAL CHECKLIST This completed checklist is to be submitted with application packet! # of Not Requirements Copies Required Required 1. Completed Application 15 x 2. Cop>, of Deed(s) and list identifying Owner(s) and all 1 x Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 x 4. Pre-application notes/minutes 15 x 5. Conceptual Site Plans 15 x 6. Environmental Impact Statement (ELS) 4 x 7. Aerial Photograph (with habitat areas identified) 4 x 8. Completed Utility Provisions Statement (with required 4 x attactm~ents and sketches) 9. Traffic Impact Statement (TIS) 4 x 10. Historical & Archaeological Survey or 4 x \\;aiver Application 11. Copies of State and/or Federal Permits 4 x 12. Architectural Rendering of Proposed Structure(s) 4 x 13. Application Fee, Check shall be made payable to -- x Collier County Board of Commissioners 14. Other Requirements - ,As thc authorized agent/applicant for this petition. I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information ma5' result in the delay of processing this petition. A~e/~/,~pPiicant Sigp~'~re ' Date / // '-' NOV 1 3 2001 A FFIDA VI T I, David H. Graham, being first duly sworn, depose and say that Lonq Bay Partners LLC is 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, 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 my knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner, I further authorize Neale Montgomery and Wilson Miller, Inc. to act as my representative in any matters regarding this Petition. Long Bay Partners LLC A Florida Limited Liability Company It's Managing Member By: Bonita Bay Properties, Inc. David H. Graham, Vice President Typed or Printed Name of Owner The foregoing instrument was acknowle_dged before me this :~ ~ day of Fe. ~ ~n:.c¢--'¥~,~ , 2001, by ~cLb'~ i-t . ~t~-[zJt~t~l-- who is personally known to me h~d as-ider~tificati~. State of Florida ..--~,~,.~ u~-L ~"~-'-~ . ~-~,~.~'~ County of ~ ~ ~- (Signature of Nota~ Public - State of Florida) Thu~i Gates .~. ~ Commiss~ O~ (Print, Type, or Stamp Commissioned Name 5%~,.¢ Expires Aught 13, 2~ of Nota~ Public) NOV 3 2001 . ~.~, ,,,~. g-~~ DISCLOSURE OF INTEREST FORM FOR: Bonita Bay Properties, Inc. Managing Member of Long Bay Partners, LLC A Florida Limited Liability Company ~O 0 0 I~ .?~ O 0 oO ~ CASENO. ~.If the prope~y is owned in fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all pa~ies with an ownership interest as well as the percentage of such interest. N/A 2.If the prope~y is owned by a CORPORATION, list the officer and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock Marital Trust for the Benefit of 48% Lois Shakarian Blackburn under the Will of David B. Shakarian %Edward G..Beimfohr gg Park Avenue New York, New York 10015 Linda S. Lucas, Daughter 2~% 13141 Ponderosa Way Fo~ Myers, Florida 33907 Louise S. Ukleja, Daughter 26% 6468 Bixby Hill Road Long Beach, CA 90815 David Lucas, Chairman 0% 13141 Ponderosa Way Fo~ Myers, Florida 33907 Dennis E. Gilkey, President, CEO 0% 27850 Rive~alk Way Bonita Springs, FL 34134 Edmund W. Rodgers, Jr., Vice President 0% General Manager of Bonita Bay 3330 Oak Hammock Coud Bonita Springs, Florida 34134 David H. Graham, Vice President 0% Planning and Development 14780 Caleb Drive Fo~ Myers, Florida 33908 Ha~ey R. Schestag, Vice President 0% Finance 3310 Oak Hammock Coud Bonita Springs, FL 34134 ~~ NOV I 3 200i Gary Sandor, Sr. Vice President 0% Sales & Marketing 3381 Oak Hammock Court. Bonita Springs, FL 34134 John Gleeson, Vice President/ 0% General Manager of The Brooks 27240 Ridge Lake Court Bonita Springs, FL 34133 Ms. Susan Watts, Vice President/ 0% General Manager of Mediterra 3981 Lakemont Drive Bonita Springs, FL 34134 Ms. Sabra Spaugh, Vice President 0% Human Resources 3451 Bonita Bay Blvd, Suite 202 Bonita Springs, FL 34134 Mr Jim McGowan, Vice President 0% Business Development 3451 Bonita Bay Blvd., Suite 202 Bonita Springs, FL 34134 Mr. Leonard B. Jaffe, Vice President 0% Sales 8751 Estero Blvd., #502 Ft. Myers Beach, FL 33931 3. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with percentage of interest. N/A 4. If the property is in the name of a GENERAL PARTNERSHIP OR LIMITED PARTNERSHIP, list the names of the general and limited partners. N/A 5. If there is a CONTRACT FOP, PURCHASE, whether contingent on this application or not, and whether a Corporation, Trustee, or Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. N/A 6. If any contingency clause or contract terms involved additional parties, list all individuals or officers, if corporation, partnership, or trust. N/A For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interes ~ 1~.,~ NOV I 3 2001 ~._ The above is a full disclosure of all parties of interest in this application, to the best of my knowledge and belief. Bonita Bay Propedies, Inc. Managing Member of Long Ba¢ Partners, LLC Sgnature'/~.~? ~i)~~,~.~-~ hc David H. Graham, Vice President Printed or typed name of applicant STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this:Z-L;day ofi'(-I"l/-~*fit'j 2001, by David H. Graham who is personally known to me and did not take an oath. Signature of Notary Public Thuyvi Gates ~'hdwi D Gates ~.~rdr My Commisslo~ C~ NOV I 3 2001 DISCLOSURE OF INTEREST FORM FOR: Bonita Bay Properties, Inc. Managing Member of Long Bay Partners, LLC A Florida Limited Liability Company ~-T-RAP~NO 00 I~?(~O O OO ~ CASE NO. 1.If the prope~y is owned in fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list ali pa~ies with an ownership interest as well as the percentage of such interest. N/A 2. If the propeAy is owned by a CORPORATION, list the o~cer and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock Marital Trust for the Benefit of 48% Lois Shakarian Blackburn under the Will of David B. Shakarian %Edward G..Beimfohr 99 Park Avenue New York, New York 10015 L~nda S. Lucas, Daughter 26% 13141 Ponderosa Way Fo~ Myers, Florida 33907 Louise S. Ukleja, Daughter 26% 6468 Bixby Hill Road Long Beach, CA 90815 David Lucas, Chairman 0% 13141 Ponderosa Way Fo~ Myers, Florida 33907 Dennis E. Gilkey, President, CEO 0% 27850 Rive~atk Way Bonita Springs, FL 34134 Edmund W. Rodgers, Jr., Vice President 0% General Manager of Bonita Bay 3330 Oak Hammock Cou~ Bonita Springs, Florida 34134 David H. Graham, Vice President 0% Planning and Development 14780 Caleb Drive Foal Myers, Florida 33908 Harvey R. Schestag, Vice President 0% Fh~ance - 3210 Qak Hammock Coud AG~A F,:n,t~ Sp gs, FL 34134 ~._~ NOV 13 2001 Gary Sandor, Sr. Vice President 0% Sales & Marketing 3381Oak Hammock Court. Bonita Springs, FL 34134 John GIeeson, Vice President/ 0% General Manager of The Brooks 27240 Ridge Lake Court Bonita Springs, FL 34133 Ms. Susan Watts, Vice President/ 0% General Manager of Mediterra 3981 Lakemont Drive Bonita Springs, FL 34134 Ms. Sabra Spaugh, Vice President 0% Human Resources 3451 Bonita Bay Blvd, Suite 202 Bonita Springs, FL 34134 Mr Jim McGowan, Vice President 0% Business Development 3451 Bonita Bay Blvd., Suite 202 Bonita Springs, FL 34134 Mr. Leonard B. Jaffe, Vice President 0% Sales 8751 Estero Blvd., #502 Ft. Myers Beach, FL 33931 3. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with percentage of interest. N/A 4. If the property is in the name of a GENERAL PARTNERSHIP OR LIMITED PARTNERSHIP, list the names of the general and limited partners. N/A 5. If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and whether a Corporation, Trustee, or Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. N/A ry. ',f any contingency clause or contract terms involved additional parties, list ail individuals or officers, if corporation, partnership, or trust. N/A ;:c:r :my changes of ownership or changes in contracts for purchase subsequent to the date of the ~r,:,d~.~-'.t'.o ~, but prior to the date of final public hearing, a supplemental disclosure of interest AGENDA ~TF_M 2 NOV 1 3 2001 The above is a full disclosure of all parties of interest in this application, to the best of my knowledge and belief. Bonita Bay Properties, Inc. Managing M~m. her o~.~ong B.a~ Pad_hers, LLC Signature:/') .'~/~ ~plicant David H. Graham, Vice President Printed or typed name of applicant STATE OF FLORtD~ COUNTY OF LEE The foregoing instrument was acknowledged before me this'~-~day~ of~e~t'~-~ 2001, by David H. Graham who is personally known to me and did not take an oath. - Signature of Notary Public Thuyvi Gates . rhuy~ D ¢_..~ates · "".,' :,~piresAt~gust13.2004 ~l'-Jr My Comrn~on C~ ,,.~#~1,~ E~lresAugu~t13,2004 AGEI',~ ITEM "' NOV I3 200I 3 ,,../~C? _ ~w D[rec#'ons In Planning, Design & £~g[neer[ng Description of Mediterra Expansion East being a part of Section 12, Township 48 South, Range 25 East, Collier County, Florida All that part of Section 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast corner of said Section 12; thence along the south line of said Section 12, South 88040'22'' West 2657.64 feet to the south % corner of said Section 12; thence leaving the south line of said Section 12 along the north-south ¼ line of said Section 1 2, North 00°51 '30" West 1315.48 feet; thence continue along said line North 00°51'12'' West 1316.19 feet to the center of said Section 12; thence along the east-west ¼ line, North 88°51 '44" East 1160.07 feet; thence leaving said east-west ¼ line and along the west line of that land described in O.R. Book 2641, page 3405, Public Records of Collier County, Florida, North 00%3'36" West 657.34 feet to a point of the south line of the North ½ of the SW ¼ of the NE ¼ of said Section 12; thence along said south line, North 88"54'36" East 165.65 feet to a point on the west line of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said west line North 00"54'01" West 30.03 feet to a point on the south line of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida; thence along said south line, South 88°54'36" West 1325.19 feet to the north-south ¼ line of said Section 12; thence along said north-sOuth ¼ line, North 00"50'59" West 628.30 feet to the northwest corner of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida; thence along the north line of said land, North 88°55'21" East 1324.63 feet to the northwest corner of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said line, North 88°55'21'' East 1059.38 feet to a point that is 265 feet west of as measured at right angles to the east line of said Section 12; thence along said line South 00057'34" East 657.27 feet; thence continue along said line South 00%8'26" East 656.84 feet to the east-west ¼ line of said Section 12; thence along said line North 88"51'44" East 264.89 feet to the east ¼ corner of said Section 12; thence along the east line of said Section 12, South 00°59'11" East 2622.86 feet to the Point of Beginning of the parcel herein described Containing 213.71 acres more or less Certificate of authorization #LB-43. WilsorrMil. ler, Inc. Re~iste/4c~E,.gqioCers and Land Surveyors B,/.:/~/~'~ "--'- ~// Date ,John ~,(Boutwell, P.S.M. ~3934 Ref. 4L-1530 Net ',.~lid unless embossed with the Professional's seal. ~2'2',7 ~:m',,'[ ace ~uite 2~'0 ,~:~?,"cs. F~or/~ 34~05-8507 941-649-4040 ~'~'w wilsonmille~ corn P[~_ - ORDEN.-\NCE NO. 01-~ AN ORDINANCE AMENDING ORDFNANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLOKIDA BY .a~MENDING THE OFFICIAL ZONING ATLAS MAP N~L'M B E R 8511 l 2; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCKIBED ILEAL PROPERTY FROM "A" RURAL AGRICULTURAL, "A-ST" AGRICULTURE WITH SPECI?d~ TREATMENT AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MEDITERRA PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF THE FUTURE LIVDgGSTON ROAD BOULEVARD AND APPROXIMATELY ONE MILE WEST OF 1-75, iN' SECTIONS 11 AN~D 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COU,'~TY, FLORIDA, CONSISTING OF 1168+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-36; ,-MN~D BY PROVIDING AN EFFECTIVE DATE. WHEREAS, .xmita L. Jenkins. AICP of WilsonMiller, Inc., representing Long Bay Partners, L.LC.. pe:it!oned ~he Board of Coun%' Commissioners to change the zoning c!assification of the herein described real property,. NO\V. THEREFORE BE IT ORDAINED by the Board of Counts' Commissioners of Collier Count', Florida. that: SECTION ONE: TEe zomng classification of the herein described real properh: located in Sections 11 and 12, Townsh:p :S South, Range 25 East, Collier Count5.', Florida, ~s changed from "A" Rural Agricultural, "A-ST" Agriculture with Special Treatment and "PUD" to "PUD" Planned Unit Development m accordance ,.~:h the Ylediterra PUD Document, attached hereto as Exhibit "A" and incorporated by refer:ace !~.erem. T,he Official Zoning Atlas ,",lap numbered $51112, as described in Ordinance Number 91-i02, :?,e Coiiier Count5.' Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 2000-36, adopted on May 23, 2000 by the Board of Count.,,' Commissioners of ColIier Count', ~s hereby repealed in tts entirets'. SECTION THREE: This Ord:nance shall become effective upon filing with the Department of State. AGENDA !TE~ ~_. NOV 1 3 2001 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2001. BOARD OF COLIN'FY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjori~!~d. Student ' Assistant County Anomey AGF_NDA IT~ NOV 13 200I _ ~ _ pj.~:)c:~<. MEDITERRA A PLANNED UNIT DEVELOPMENT Approximately 1168+ Acres Sections 11 and 12 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Long Bay Parmers, LLC 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 EXHIBIT A DATE FILED 2/17/99 DATE APPROVED BY CCPC 5/20/00 DATE APPROVED BY BCC 6/8/99 ORDINANCE NUMBER 99-41 DATE AMENDMENT FILED 2/18/00 DATE APPROVED BY CCPC 5/4/00 DATE APPROVED BY BCC 5/23/00 ORDINANCE NUMBER 2000-36 DATE AMENDMENT FILED 3/5/01 DATE REVISED BY COLLIER COUNTY 9/15/01 DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AGE. N,D A ITE ¥,M~X~ NOV 13 2001 ii TABLE OF CONTENTS PAGE STATEMENT OF CO~MPLIANCE AND SHORT TITLE iii SECTION I GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION HI RESDENTIAL DISTRICT 3-1 SECTION IV VILLAGE CENTER 4-1 SECTION \7 RECREATION and OPEN SPACE DISTRICT 5-1 SECTION 1,7I PRESERVE DISTRICT 6-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1 SECTION VIII CROSS JURISDICTIONAL PROVISIONS 8-1 EXHIBIT A MEDITERRA MASTER PLAN (Collier County) (WilsonMiller File No. D-2934-54) NOV 13 2001 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Long Bay Partners, LLC, hereinafter referred to as LBP, to create a Planned Unit Development (PUD) on 1168± acres of land located in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Mediterra. The development of Mediterra will be in compliance xvith the planning goals and objectives of Collier County as set forth in the Growth Mm~agement Plan. The development will be consistent with the groxvth policies and land development regulations adopted thereunder of the Groxvth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1.1 The subject property is xvithin the Urban Mixed Use Residential District as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to accommodate the majority of population gro;vlh in an area xvith relatively fexv natural resource constraints and where existing and planned public facilities are concentrated. 1.2 The Growth Management Plan qualifies the subject property for maximum density of four units per acre. The proposed residential density for the Collier County portion of Mediterra is 0.64 units per acre, which is less than the maximum allowable density, and therefore is consistent with and complies xvith the FLUE Density Rating System. 1.3 The Village Center District is consistent with the PUD Neighborhood Village Center Subdistrict of the FLUE. 1.4 Mediterra is compatible xvith and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 1.6 The development of Mediterra xvill result in an efficient and economical extension of con-wnunity facilities and services as required in Policies 3.1 .H and L of the FLUE. 1.7 Mediterra is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. SHORT TITLE This ordinance shall be knoxvn and cited as the "MEDITERRA PLANNED UNIT DEVELOPMENT ORDINANCE". iii ......... NOV 13 2001 I-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, ,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and oxvnership of Mediterra, and to describe the existing condition of the property proposed to be developed. Mediterra is located xvithin Lee and Collier Counties, however the PUD jurisdiction applies only to the property located in Collier County. 1.2 LEGAL DESCRIPTION The north half (N72) of the west half (Wi/z) of the west half (WIA) of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 80.57 acres more or less. and; North 1/z of the north 72 of the northwest IA of the southwest 'A of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10.09 acres more or less. and; North ¥2 of the south '/'2 of the northwest '/4 of the southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10.09 acres more or less. and; The south '/2 of the north 72 of the northwest 'A of the southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida. containing 10.09 acres more or less. and; The south '/2 of the south Vz of the northwest 1/4 of the southwest ¼ of Section 11, Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for roadway purposes for ingress and egress of grantors and grantees and adjacent property owners. containing 10.09 acres more or less. and; The Southeast lA of the Southxvest ~A, less the South 30 feet thereof, of Section 11, Township 48 South, Range 25 East, Collier County, Florida. and; ~'~ ~EI~ ~ -- NOV 1 3 1-2 The Southeast ¼ of the Northwest ¼; The Southwest ¼ of the Northeast ¼; The North~vest ¼ of the Southeast ¼; and the Northeast ¼ of the Southwest ¼; Less the North V2 of the Southxvest ¼ of the Northeast ¼ of the Southwest ¼ of Section I 1, Township 48 South, Range 25 East, Collier County, Florida containing 195 acres more or less. and; The North V2 of the South~vest ¼, of the Northeast ¼ of the Southwest 'A of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 5 acres more or less. and; The Northeast ¼ of the Northwest ¼ and the Northwest ¼ of the Northeast ¼ of Section 11, Toxvnship 48 South, Range 25 East, Collier County, Florida. containing 80.40 Acres more or less. and; A parcel of land located in Sections 11, 12 and 13, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follo,vs: Beginning at the southeast comer of the southwest ¼ of Section 12, Toxvnship 48 South, Range 25 East, Collier County Florida; thence mn North 00052'07'' West along the east line of said southwest ¼ of Section 12, for a distance of 2631.75 feet to the center of said Section 12; thence continue North 00°52'07'' West along the east line of the southeast IA of the northxvest tA of said Section 12, for a distance of 1316.77 feet to the northeast comer of the southeast ¼ of the north,vest 'A of said Section 12; thence run South 88°54'06" West along the south line of the southeast ¼ of the northeast IA of the northwest ¼ of said Section 12, for a distance of 662.28 feet to the southxvest comer of the southeast ¼ of the northeast lA of the northwest 'A of said Section 12; thence mn North 00°50'22'' West along the west line of the southeast ~A of the northeast ¼ of the northwest 'A of said Section 12, for a distance of 658.71 feet to the northwest comer of the southeast ¼ of the northeast ¼ of the north~vest ¼ of said Section 12; thence mn North 88°55'45" East along the north line of the southeast ¼ of the northeast ¼ of the northwest IA of said Section 12, for a distance of 661.95 feet to the northeast comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12; thence mn North 00052'07" West along the east line of the northwest ¼ of said Section 12, for a distance of 658.39 feet to the northeast comer of the northwest ¼ of said Section 12; thence run South 88°57'20'' West along the north line of the northwest ¼ of said Section 12, for a distance of 2646.45 feet to the northwest comer of the northwest lA of said Section 12; thence run South 00°45'07" East along the west line of the northwest ¼ of said Section 12, for a distance of 1319.36 feet to the northeast comer of the southeast ¼ of the northeast ¼ of Section 11, Township 48 South, Range 25 East; NOV 13 2001 1-3 thence mn South 88054'42'' West along the north line of the southeast IA of the northeast ¼ of said Section 11, for a distance of 1325.63 feet to the northwest comer of the southeast ¼ of the northeast ¼ of said Section 11; thence mn South 00°45'2Y' East along the west line of the southeast IA of the northeast ¼ of said Section 11, for a distance of 1320.39 feet to the southwest comer of the southeast ~A of the northeast ¼ of said Section 11; thence mn South 0°45'04'' East along the west line of the northeast ¼ of the southeast ¼ of said Section 11, for a distance of 1321.73 feet to the southwest comer of the northeast !4 of the southeast ¼ of said Section 11; thence run South 88046'37'' West along the north line of the south,vest ¼ of the southeast ~A of said Section 11, for a distance of 1325.33 feet to the northwest comer of the southwest ¼ of the southeast ~A of said Section 11; thence run South 00°45'39" East along the west line of the southwest lA of the southeast ~A of said Section 11, for a distance of 1323.80 feet to the south,vest comer of the southeast IA of said Section 11; thence mn North 88°41'15" East along the south line of the southeast ¼ of said Section 11, for a distance of 2650.25 feet to the north,vest comer of Section 13, Township 48 South, Range 25 East; thence mn South 00°43'28'' East along the xvest line of the northwest ¼ of said Section 13, for a distance of 675.60 feet to the southwest comer of the northwest ¼ of the northwest IA of the northwest IA of said Section 13; thence run North 88°38'13" East along the south line of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13, for a distance of 664.12 feet to the southeast comer of the northxvest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence run North 00°41 '49" West along the east line of the northwest ¼ of the northwest V4 of the northxvest lA of said Section 13, for a distance of 675.07 feet to the northeast comer of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence run North 88°41 '00" East along the south line of the southwest IA of Section 12, Township 48 South, Range 25 East, for a distance of 1993.31 feet to the Point of Beginning. Less and excepting therefrom the Northwest ¼ of the Northwest IA of the Northwest IA of said Section 13. containing 472 acres more or less. and; The Northeast IA of the Northeast IA of Section 11, Township 48 South, Range 25 East, Collier County, Florida, O.R. Book 2211, page 606 containing 40 acres more or less. and; The North V~ of the North lA of the Southxvest IA of the Southwest '/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10 acres more or less. 1-4 The South 1/2 of the North V2 of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida containing 10 acres more or less. and; The North ½ of the South ½ of the Southxvest ¼ of the Southwest IA of Section 1 I, Township 48 South, Range 25 East, Collier County, Florida containing 10 acres more or less. and; The North ½ of the Southeast 1/4 of the Northeast lA of the Northwest lA of Section 12, Township 48 South, Range 25 East, Collier County, Florida, containing 5.0 acres more or less. and; The South ½ of the Southeast ¼ of the Northeast % of the North'`vest ¼ of Section 12, Township 48 South, Range 25 East, Collier County, Florida, containing 5.0 acres more or less. and; All that part of Section 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast comer of said Section 12; thence along the south line of said Section 12, South 88040'22" West 2657.64 feet to the south % comer of said Section 12; thence leaving the south line of said Section 12 along the north-south ¼ line of said Section 12, North 00°51 '30" West 1315.48 feet; thence continue along said line North 00°51'12" West 1316.19 feet to the center of said Section 12 and a point hereinafter referred to as Point "A"; thence along the east-west ¼ line, North 88°51 '44" East 1160.07 feet; thence leaving said east-west ¼ line and along the west line of that land described in O.R. Book 2641, page 3405, Public Records of Collier County, Florida, North 00053'36'' West 657.34 feet to a point of the south line of the North lA of the SW ~A of the NE ¼ of said Section 12; thence along said south line, North 88054'36" East 165.65 feet to a point on the ,,,,,est line of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said west line North 00°54'01'' West 30.03 feet to a point on the south line of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida; thence along said south line, South 88054'36" West 1325.19 feet to the north-south line of said Section 12; thence along said north-south ¼ line, North 00050'59" West 628.30 feet to the northwest comer of that land as described in O.R. Book 1952, page 284, Public Rec~ords of.C~o~ljj~_.__.~ ..... County, Florida and a point hereinafter referred to as Point B , 02934-OO7-OOt- ESB~,4- 22959 1-5 thence along the north line of said land, North 88°55'21'' East 1324.63 feet to the northwest comer of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said line, North 88°55'21'' East 1059.38 feet to a point that is 265 feet west of as measured at right angles to the east line of said Section 12; thence along said line South 00057'34" East 657.27 feet; thence continue along said line South 00o58'26'' East 656.84 feet to the east-west ~A line of said Section 12; thence along said line North 88°51 '44" East 264.89 feet to the east 'A comer of said Section 12; thence along the east line of said Section 12, South 00°59'11" East 2622.86 feet to the Point of Beginning of the parcel herein described Containing 213.71 acres more or less 1.3 PROPERTY OX, VNERSHIP The subject property is currently under the equitable ox~mership of, or contract with LBP, or their assigns, xvhose address is 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134. 1.4 GENERAL DESCRIPTION OF PROPERTY A. Mediterra is an in-fill project to be developed on 1696 acres located west ofi-75 in north Collier County and south Lee County. Approximately 1168 + acres of the project are in Collier County and the remaining acres are in Lee County. The PUD jurisdiction applies only to the property located in Collier County. B. The Collier County project site is located in Sections 11 and 12, Toxvnship 48 South, Range 25 East, and is generally bordered on the west by Industrial and Residential zoned property and Old US 41; on the north by Lee County Agricultural zoned property; on the east by Agricultural zoned property; and on the south, by RSF-3 (Imperial Golf Estates) zoned property and Agricultural zoned property. The location of the site is shoxvn on Exhibit "A". C. The zoning classification of the subject property at the time of PUD application is Agricultural and Agricultural with ST overlay and PUD. D. Elevations within the site vary fi-om approximately 11 to 14 feet-NGVD. The Project is located outside the 100-year floodplain. Specifically, the Project is located within Zone X of the FEMA Flood Insurance Rate Map (panel numbers 120067 0185D, 0191D, and 0195D, dated June 3, 1986). E. According to the Collier County Soil Survey prepared by NRCS, 14 soil units are present on the project site. These units, all ofxvhich are common to C ~llier ~._ NOV 13 2001 4F25/2001- 520~6 Vel: IOA- 1-6 and southwest Florida, include the following: Malabar fine sand; Riviera-limestone substramm/Copeland fine sand; Immokalee fine sand; Hallandale fine sand; Pineda fine sand-limestone substratum; Basinger fine sand; Riviera fine sand-limestone substratum; Boca fine sand; Boca/Riviera-limestone substratum/Copeland fine sand, depressional; Holopaw fine sand; Urban land-Holopaw/Basinger complex; Satellite fine sand; Urban land-Satellite complex; and Hallandale/Boca fine sand. Vegetation on site primarily consists of pine flatxvoods with palmetto subcanopy, pine flat~voods with graminoid subcanopy, cypress-pine-cabbage palm, melaleuca, fallow agricultural land, and other open agricultural lands. Exotic vegetation (i.e., Brazilian pepper and melaleuca) has invaded most habitat types. The levels of infestation of melaleuca and Brazilian pepper have increased significantly since the original site mapping. Many of the xvet prairies, pine flatxvoods, pine graminoid and pine-cypress-cabbage palms habitats have been heavily invaded by melaleuca and/or Brazilian pepper. A detailed vegetative inventory and FLUCCS map is included. F. The Project is located within the Cocohatchee River Basin (Class II) as depicted within the Collier County Drainage Atlas (June 1998). 1.5 DEVELOPMENT OF REGIONAL IMPACT LBP has received a Binding Letter of Interpretation of DRI status from the Florida Department of Community Affairs (DCA) determining that the project is not a DRI and xvill result in no regionally significant impacts. At the time the binding letter was received, the project xvas known as Toulon. 1.6 DENSITY A. Mediterra is to be developed on 1,696 acres in north Collier County and south Lee County. The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The gross project density, therefore, will be a maximum of 0.56 units per acre. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. B. At all times all property included within Mediterra as described in Section 1.2 shall be included in determining the Collier County project area density. AGENDA ITE~_ NOV 1 3 200 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Mediterra, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Mediterra, a private golf course community, will include a range of single family and multi-family housing along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood retail goods and services, and a recreation and aquatic center. B. The Master Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. D- 2934-54). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance xvith Section 3.2.7.2, of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Mediterra shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Groxvth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC, and the Developers Contribution Agreement dated February 17, 1998, as amended, with respect to road impact fee credits and the vesting of Certificates of Public Facilities .a?d'6~q~, ,~.,oo,.,~o~,o,~,~ NOV 13 2001 p~. 2-2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in., effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Mediterra, except where an exemption is set forth herein or other~vise granted pursuant to Land Development Code Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Mediterra, except where an exemption is set forth herein or other~vise granted pursuant to Land Development Code Section 3.3.4. H. For purposes of the various impact fee ordinances, residential uses, other than the conventional single family detached dwellings, shall be classified as either multi- family or condominiumftownhouse in accord with definitions of the applicable impact fee ordinance. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. LBP may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. Such a CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as would be conslructed, managed and financed by such a CDD shall be subject to, and shall not be inconsistent xvith, the Collier County Growth Management Plan and all applicable ordinances dealing xvith planning and permitting of Mediterra. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. LBP reserves the right to request substitutions to Code design standards in accordance xvith Section 3.2.7.2 of the LDC. LBP retains the right to establish gates, guardhouses, other access controls, sign: .amfl..monuments.---- ~.G~.' N~A. 2-3 as may be deemed appropriate by LBP on all privately oxvned and maintained project roadways. A. Roadways xvithin Mediterra shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: 1. LDC Section 3.2.8.4.16.5. - Street right-of-way width: The minimum right- of-way xvidth to be utilized for a local street within Mediterra shall be fort5' (40) feet. 2. LDC Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be provided with a minimum of a txventy (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 3. LDC Section 3.2.8.4.16.10. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. LDC Section 3.2.8.4.16.6. - Cul-de-sac radius: The minimum right-of-way radius to be utilized shall be fifty-five (55) feet. B. Sidewalks/bike paths shall conform xvith Section 3.2.8.3.17. of the LDC except as follo~vs: 1. LDC Section 3.2.8.3.17.2. - The Mediterra loop road shall be considered a minor collector street and shall have an eight-foot (8') wide pathway on one side of the street that xvill meander in and out of the right-of-way. 2. LDC Section 3.2.8.3.17.2. - Both project entrance streets shall require a sidewalk or bikepath on one side of the street. 3. LDC Section 3.2.8.3.17.3. - All cul-de-sacs shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a) the fight-of-way section shall include two ten foot (10') wide travel lanes, with two foot (2') mountable curbs, and b) the gross density of the cul-de-sac shall be less than t~vo (2) units per acre. 2.6 LAKE SETBACK AND EXCAVATION A. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the non-mountable (barrier) curb to the edge of water. Upon approval by the Community Development and Environmental Services Administrator, equal substitutes to ~~1~ ;s2 PI~._.~.---~-~ 2-4 (barrier) curb will be allowed. The minimum lake setback from lakes to the Project boundary shall be 20 feet. B. Upon receipt of a development excavation permit, all lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1, however removal of fill and rock from Mediterra shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Excavation for Livingston Road construction north of Immokalee Road and off- site hauling of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and Environmental Sen'ices Administrator. D. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Community Development and Environmental Sen, ices Administrator. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by LBP and the Collier County Development SepAces Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viexving platforms, gazebos, par'king areas, tents, and signs, shall be permitted principal uses throughout Mediterra. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, xvith the exception that five (5) dry models shall be allowed within each development tract, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. N 2.9 CHA~ GES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements ............ NOV 13 200I 2-5 may be made by LBP in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Mediterra Master Plan upon written request of LBP. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent xvith the Collier Count5' Growth Management Plan and the Mediterra PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas xvithin or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-ways, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the conservation area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obta~l]_9_.Lh~r~---, necessary County permits and approvals. 2-6 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a Property Owners' Association. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, LBP shall create a property o;vners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property o;xmers' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface ;vater management systems and preserves serving Mediterra, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Mediterra. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3' 1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural xvalled berms - vertical B. Fence or xvall maximum height: Ten feet (10'), as measured fi-om the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure, the wall shall not exceed eight feet (8') in height from the top of berm. C. Upon submission of a typical cross-section, aerial, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Mediterra PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. D. Fences or walls may be placed zero feet (0') from internal right-of-xvay provided that shrubs are provided in the fight-of-way pursuant to Section 2.7 and may be located five feet (5') from project perimeter. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structure ~2~n~[_s]ig~~ NOV 1 3 2001 2-7 of-xvay adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidexvalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers/easements as approved by the Mediterra Design Review Team. G. Landscape berms located within the Mediterra PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-xvay line. H. Internal recreational and community facilities do not require perimeter buffers. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Mediterra. Fill material may be transported and stockpiled within areas which have been disturbed/farmed or are shox, m as development areas on an approved PSP. Prior to stockpiling in these locations, LBP shall provide v~-ritten notification to the Community Development and Environmental Services Administrator. Residential areas 25 acres or less (including building footprints) shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shoxvn on an approved subdivision construction plan or SDP. The following standards shall apply for all stockpiling on-site: A. Stockpile maximum height: forty-five feet (45') B. Stockpile maximum slide slopes: 2:1 C. Fill storage areas in excess of ten feet (10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). D. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified mvnership or control, as set forth in the LDC, Section 2.2.20.2.3. B. Mediterra is planned as a private, functionally interrelated community under unified control. LBP has established community-xvide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, xvhich include features and facilities such as landscaping, hardscag~r4¥a},?.__s,,.coak>~,~_~--' N0V 1 3 2001 2-8 signage, lighting, sidewalks, bicycle paths, pavement treatments, roadway medians,. fences, walls, buffers, berms and other similar facilities. To further ensure that the-' Mediterra design guidelines and standards are complied with, no SDP or PSP may be submitted or approved without the Mediterra Design Review approval. 2.14 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.15 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for agriculture or cattle grazing purposes, and associated and accessory uses thereto. These existing agTicultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2.16 GENE1L, kL PER3,IITTED USES Certain uses shall be considered general permitted uses throughout the Mediterra PUD except in the Wetland Conservation Area. General permitted uses are those uses which generally serve LBP and residents of Mediterra and are typically part of the con'u-non infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Septic system for remote golf shelters 5. Lakes including lakes with bul'kheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Community and neighborhood parks, trails and recreational facilities. 8. Temporary construction, sales, and administrative offices for LBP and LBP's authorized contractors and consultants, including necessary access xvays, paring areas and related uses. --,' AGENDA ITEM NOV 3 2001 2-9 9. Landscape/hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. 10. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD. 11. Any other use which is comparable in nature with the foregoing uses and ~vhich the Community Development and Environmental Services Administrator determines to be compatible. B. Development Standards: Unless other~vise set forth in this document, the folloxving development standards shall apply to structures: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback fi.om property lines: Front: ten feet (10') Side: five feet (5') Rear: ten feet (10') 3. Minimum distance betxveen structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance bet~veen unrelated structures - ten feet (10'). 5. Maximum heig:~t of structures - thirty-five feet (35'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks and bikepaths may occur within County required buffers. 9. Standards for parking, landscaping, signs and other land uses xvhere such standards are not specified herein or within Mediterra development standards, are to be in accordance with the applicable LDC provision in effect at the time this PUD is approved. 2-10 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 646 acres included in the preserve area, lakes, recreation, open space, golf and buffer designations. These areas, in conjunction with open space areas included xvithin the Residential District, fully satisfy the open space requirements of Section 2.6.32 of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site shall satisfy the requirements of Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. There may be some minor adjustments to the proposed preserve areas during SFWMD permitting. 2.19 SIGNAGE A. GENERAL 1. All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict xvith the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be -- considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County dedicated right-of-xvay, a right-of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights-of-xvay may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be alloxved in landscape buffers/easements xvith the approval of the Mediterra Design Reviexv Team. B. BOUNDARY MARKERS 1. One boundary marker or monument may be located at each property comer. The boundary marker may contain the name of :he community, ~, and the insignia or motto of the development. ,,,C,£NOA ~'rE,~ " 2001 2-11 2. The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by total square footage of name, insignia, and motto only. 4. The setback for the signs from Livingston Road rights-of-xvay and any perimeter property line shall be 5 feet. C. PROJECT ENTRANCE SIGNS 1. Three ground or xvall-mounted entrance signs maybe located at on both sides of the entrance right-of-xvay and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the xvall or monument upon which it is located. 3. The setback for the signs from Livingston Road rights-of-xvay and any perimeter property line shall be 5 feet. 4. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest croxvn elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. TEMPORARY SIGNS 1. Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. Each sign may not exceed 160 square feet in area. If the sign is two-sided, each sign face may not exceed 160 square feet in area. 3. The setback for temporary signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. AGF_blDA 4OV / 2-12 4. Temporary signs may not exceed 20 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99% build-out. 6. Special event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. 7. Grand opening signs: LBP may display on-site grand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs as listed above. E. CONSTRUCTION ENTRANCE SIGNS 1. Two "construction ahead" signs may be located at appropriate distances ahead of a construction entrance, with a maximum of 20 square feet each ..... in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. F. INTERNAL SIGNS 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road right-of-way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Mediterra. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a ~ menu board with a maximum size of 64 square feet ~er sict.¢~ AGENOA lIE-AM maximum height of 8 feet. NOV 1 3 2001 2-13 3. LBP may have real estate signs with a maximum size of 6 square feet per side in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", etc. No building permit is required. G. TRAFFIC SIGNS I. Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. uo. /7t-\- NOV 13 200I 3-1 SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of' this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R." 3.2 M.~XISIUM DWELLING UNITS The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The number of d;velling units to be built in Collier County pursuant to this PUD will not exceed 750. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 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: 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 3. Single Family Attached Dwellings 4. Multi-Family Dwellings ~ ~ 5. Guest Houses ~o._~-- NOV 3 3-2 6. Any other principal use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Sen'ices Administrator determines to be compatible in the "R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses pein'fitted in this district including neighborhood community recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and xvhich the Community Development and Environmental Services Administrator determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Residential District. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses xvhere such standards are not specified herein or xvithin adopted Mediterra design guidelines and standards, are to be in accordance xvith the LDC in effect at the time of Site Development Plan approval or Preliminary Subdivision Plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. Required property development regulations may be approved that are different than those set forth in Table I, subject to approval by the Collier County Planning Conm-fission, in accordance xvith the criteria contained in Section 2.6.27.4.6.1 tlu'ough 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. !:. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by LBP, its successors and/or assigns. The installation will be in accordance with the approved plans and s] AGENDA NOV 1 3 2001 3-3 current policies and procedures, and performed by LBP's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance xvith the impact fee ordinance in effect at the time of the request for connections. AGENDA ITE~/~ NOV t 3 200! 3-4 TABLE I MEDITERRA DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY PATIO & ZERO TWO FAMILY SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX & ATI'ACHED AND DWELLINGS DUPLEX TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF *4 3,000 SF NA Minimum Lot Width *5 75 50 35 30 NA Front Yard Setback (Principal and Accessory.) 20 20*3 12/20*3 1 2/20*3 20 Front Yard for Side EntTy Garage 12 12 12 12 12 Rear Yard Setback*7 (Principal) 10 5*8 10 10 .5 BH Rear Yard Setback* 1 (Accesso~') 5 5 5 5 10 Side Yard Setback 7.5 0*6 0 or 7.5 0 or .5 BH .5 BH Maximum Height *2 40 35 35 35 50 Floor Area Minimum (SF) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH BH: Buiidinv Height SB~H: (Sum o-f Building Heights~ Combined height of~.vo adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit t2,.'pe may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be. applied 'c, Customer Sen'ices Department dunng an application for a building permit. For all patio or zero lot line units, a conceptual exhibit sho~hng ¢,.'pical bu configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit ma.,,' be modifiecl as needed. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. Guest houses shall meet the applicable principal structure setbacks. Flag lots shall have no m;nimum lot width but will meet lot area requirements Project walls shall be allotted xxithin 1 foot of the right--of-way line. W/th approval from LBP, front yards shall be measured as follows: A. If the parcel is sen'ed by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is sen'ed by a private road, setback is measured from the back ofcurb (if curbed) or edge of pavement (if not curbed). * 1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design and subject to xvritten approval from LBP Dcs;gn Review Comm;ttee and Project Plan Review. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. "3 - Units :,.ith side entry garage may have a 12 foot front yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. *4 - Each half ora duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 SF. *5- Minimum lot width ma5' be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *6 - Zero foot 10') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios. pools and screen enclosures may encroach into the I 0 foot pnncipal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining d;~e!linr' unit owner. \Vhere this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department w/th the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement bet~xeen pnnc~pal and accessory structures. The conceptual exhibit may be modified as needed. *7 With x~Tiuen approval from LLBP Design Review Committee, the setback from the Bventy foot (20') lake maintenance easement for principal s,"ructures may' be -~o feet 10'5 with a minimum p. venty feet (20') from the waters edge. *S Setback from !ake may be 0 feet pro, iding architectural hank treatment is incorporated into design and subject to ,,zitten approval .om LB[~[~-~?.~,t~.~', i~lk~ Cor~;. :ce and Project Plan Rev,ew [~k:~. //7 i~ - 4-1 SECTION IV grILLAGE CENTER 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra desi~mated on the Master Plan as Vflla,e Center." 4.2 5IA.XISIUM SQUARE FOOTAGE A maximum of 60,000 square feet floor area of non-commercial uses as listed below, and 20,000 square feet floor area of commercial uses as listed below, may be constructed on lands designated "Village Center." 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is designed to accommodate internal roadways, open spaces, lakes and xvater management facilities, and other similar uses. 4.4 PEILMITTED 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. Permitted Principal Uses and Structures: 1. Golf courses, golf clubhouses, and golf facilities. 2. General store with convenience goods and deli. 3. Tennis, health and fitness, swimming and other recreational clubs. 4. Project information and sales centers. 5. Community and golf course maintenance areas, maintenance buildings, essential se~,ices, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, u litiee ntml~~ Facilities and pump buildings, utility and maintenance staffo :ices. / 7 ~ :~. Public administration hcilities. NOV 1 3 2001 4-2 7. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 8. Temporary construction access roads. 9. Commercial banks - drive-through facilities are prohibited (Groups 6021- 6029) 10. Real estate agents and managers for property within PUD only (Group 6531) 11. Hardware store only - 2,500 sq./ft, maximum floor area (Group 5251) 12. Variety stores - 2,500 sq. ft. maximum floor area. (Group 5331) 13. /vliscellaneous general merchandise stores, except catalog showrooms - 2,500 sq. ft. maximum floor area (Group 5399) 14. Grocery stores, except frozen food and freezer plans - 10,000 sq. ft. maximum floor area (Group 5411) 15. Fish, meat, and seafood markets only (Group 5421) 16. Fruit and vegetable markets (Group 5431) 17. Retail bakeries (Group 546 I) 18. Health food store only - 2,500 sq. ft. maximum floor area (Group 5499) 19. Gasoline service stations, except truck stops (Groups 5541) 20. Apparel and accessory stores - 2,500 sq. ft. maximum floor area (Groups 5611-5661) 21. Record and prerecord tape stores (Group 5735) 22. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive-through facilities (Group 5812) 23. Liquor stores (Group 5921) 24. Gift, novelty, and souvenir shops (Group 5947) NOV 23. Sewing, needlework, and piece goods stores (Group 5949) 4-3 26. Florists (Group 5992) 27. Agents for laundries and dry-cleaner only (Group 7212) 28. Coin-operated laundries and dry-cleaning (Group 7215) 29. Diaper service, and garment alteration and repair shops only (Group 7219) 30. Beauty shops, except beauty schools and cosmetology schools (Group 7231) 31. Barber shops, except barber colleges (Group 7241) 32. Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only (Group 7299) 33. Housekeeping and maid service only (Group 7349) 34. Video tape rental (Group 7841) 35. Physical fitness facilities (Group 7991) 36. Offices and/or clinics of physicians, and offices and/or clinics of dentists (Groups 8011- 8021 ) 37. Offices and clinics of chiropractors (Group 8041) 38. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the Village Center District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. .3. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the Village CieaI~.~G~,WEZ7 -' 4.5 DEVELOPMENT STANDARDS 4-4 A. Minimum Yard Requirements: 1. Front Yard: Principal Structure - Twenty feet (20') minimum or one-half the building height, whichever is greater. Accessory structure - Ten feet (10'). 2. Side Yard: Principal Structure - Fifteen feet (15'). Accessory structure - Five feet (5'). 3. Rear Yard: Principal Structure - Twenty feet (20'). Accessory structure - Five feet (5'). 4. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties fi.om direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50'), except clock towers or similar architectural features, which shall be permitted up to sixty-five feet (65'). D. Conunercial uses shall be located a minimum of two hundred and fifty, feet (250') from the perimeter boundaries of the PUD and the nearest external roadway providing access to the PUD. E. Commercial uses shall be located xvithin a 1/3 mile radius of at least 80°,/0 of the residential units that are east of Livingston Road North-South. F. Minimum distance between all other principal structures - Fifteen feet (15'). G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required I. Maximum floor area ratio for commercial uses - 0.25 J. Minimum lot or parcel area - None required K. Minimum lot width - None required L. Parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of building area. M. Standards for landscaping, architecture, and other land uses ,,',,here such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. ~ AGENDA ITEM NOV 13 2001 5-1 SECTION V RECREATION AND OPEN SPACE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "PdO". 5.2 GENERAL DESCRIPTION Areas designated as "R/O" on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for con'ununit3~-related ancillary uses and essential services. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A.. Permitted Principal Uses and Structures 1. Golf courses, golf clubhouses, and golf facilities. 2. Tennis, health and fitness, swimming and other recreational clubs. 3. Project infom~ation and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, xvater and wastexvater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikexvays, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Temporary construction access roads. ~ :~. ,~y other principal use which is comparable in nature with the foregoing uses and which the Development Services Director del compatible in tile "~'0" District. No._~ .... NOV 1 3 2001 5-2 B. Permitted Uses And Structures Within Archaeological Site 1. Opens space uses and structures such as, but not limited to, nature trails, bicycle trails, gazebos, picnic areas, fitness trails, shelters, playground equipment and associated playground areas, landscaped areas, irrigation pipes, volleyball courts, rest shelters, and drinking fountains. Any uses and structures permitted shall not disturb areas beneath the existing soil surface and a minimum of 6 inches of clean fill dirt shall be placed over the area except in places where the area will be lef~ in its natural state or will be landscaped. A certified archaeologist shall be present on site to monitor any excavation for irrigation pipes and landscaping. 2. Any other uses and structures which are comparable in nature with the foregoing and which the Development Services Director determines to be compatible. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve the residents of Mediterra and their guests. 5. Telecommunications facilities. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" and Miscellaneous Open Space/Buffer District. 5.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of ten feet (10') from "R/O" District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half(½) the height of the structure. B. Accessory structures shall set back a minimum of five feet (5') from "R/O" District boundaries and private roads, and twenty feet (20') from all PUD ~~.----'~"'-- NOV 13 2001 5-3 residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half (IA) the height of the structure. C. Lighting facilities shall be arranged in a manner which xvill protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures - Sixty-five feet (65'). E. Minimum distance betxveen principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - Fifteen feet (15'). G. Minimum distance betxveen all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. J. Parking for the community center/clubhouse shall be one space per every m~o hundred (200) square feet of gross floor area, excluding cart storage areas, which _.. shall be considered inclusive of required golf course parking K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or witttin Mediterra desig'n development standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. L. Golf course rest stations and secondary maintenance buildings xvill be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-6 F.A.C., and may use potable and irrigation wells. 6-1 SECTION VI PRESERVATION AREA 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Mediterra desi~nated on the Master Plan, as Preservation Area. 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to acconunodate conservation interpretive/educational trails and limited water management uses and functions. 6.3 PERMITTED USES .AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks golf cart paths and nature trails (elevated and at gade), and gazebos. 2. Water management facilities. 3. Temporary construction access road. 4. Utility or roadxvay crossings. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preservation Area. 6.4 RESERVE DISTRICT CONSERVATION EASEMENT ..x, non-exclusive conseiwation easement or platted tract, whichever is applicable, is required For preservation lands included in the Preservation Area. LBP, their successor or assigns, or tl,,c Nleditcrra CDD shall be responsible for the control and maintenance of lands within the ?~-c~crvation .&rea. AGE. N,D A IT~ .... .... NOV I 3 200! 7-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the general development commitments of LBP within Mediterra. 7.2 GENERAL A. All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or other, vise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this Project, except as otherwise set forth herein. B. In addition, the Master Plan and the regulations of the PUD document as adopted along ~vith any other specific conditions or stipulations as may be agreed to in the rezone heating before the Board of County Commissioners, shall control and be applicable to development of the subject property. LBP, its successors and assigns shall be bound by said documents, commitments, and stipulations. 7.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 7.4 TRANSPORTATION A. LBP shall provide a fair share contribution toward the capital cost of a traffic signal at the main project entrance onto Livingston Road (North-South) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. B. Collier County and LBP entered into a Developer Contribution Agreement dated 17 February 1998, as amended (herein "Agreement"), to address the design, right-of-xvay acquisition, permitting, and construction of Livingston Road from Immokalee Road to the Lee/Collier County Line. C. As depicted on the Master Plan, Exhibit "A", LBP has reserved, pursuant to the terms authorized in the Agreement, a 100 foot wide right-of-way along the NOV 13 2001 7-2 the project for the construction of Livingston Road (North/South), and LBP has reserved a 170 foot wide right-of-way along the southern edge of the Project for the construction of Livingston Road (East-West). D. It is ac 'knowledged that the cost of construction of Livingston Road is an advanced payment of Road Impact Fees pursuant to the terms of the Agreement (and that LBP is eligible for impact fee credits). Not~vithstanding the determination of the adequacy of other public facilities and the payment of any other appropriate impact fees, LBP has complied with the requirements for transportation adequacy for the issuance of Certificate(s) of Public Facility Adequacy. E. Within 180 days Of the adoption of the PUD Ordinance by the Collier County Board of County Commissioners, the developer shall convey by v,,arranty deed a 200-foot xvide right-of-xvay along the southern property boundary, east of Livingston Road North/South, for the construction of Livingston Road East/West. The developer shall receive impact fee credits pursuant to the Collier County Consolidated Impact Fee Code Provisions as set forth in Section 74 of the Collier County Code of Laws and Ordinances and as referenced in Section 2.2.20.3.7 of the Collier County Land Development Code. F. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. 7.5 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by LBP. Potable water and sanitary sewer facilities constructed within platted rights-of-way or xvithin dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17, as amended, except as may be provided in Section 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. Ail customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. D. Existing vegetation will be saved where possible; therefore, the County owned potable water mains and forcemains will be allowed to meander during construction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as-built survey of the utilities will be required and shown on the record draxvings. NOV 7-3 _. rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. The Collier County tSublic Works Department will not be responsible for the repairs, replacement, maintenance or restoration of above-ground improvements or landscaping installed by LBP within the R.O.W./C.U.E. The aforementioned costs shall be the sole financial responsibility of LBP, its successor and assigns. This clause will be shown within the homeowners' association documents and on the construction plans. F. The County oxvned potable water mains will end at the beginning of the cul-de-sac with a fire hydrant. Potable water services will be extended to serve residential lots along the cul-de-sac. Conduits will be provided for the potable xvater services, where necessary. G. For the County owned potable water mains and forcemains located xvithin a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. The minimum distance from the BOC to the right-of-way line will be 13 feet. Reference the typical cross-section attached as Exhibit 'D', Section A. H. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the BOC. The minimum distance from the BOC to the right-of- way line will be 8 feet. Reference the typical cross-section attached as Exhibit 'D', Section B. I. For the County owned potable water mains and forcemains located along the loop roadway, the potable water main will be located a minimum 7.5 feet off the BOC and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right-of-way line will be 15 feet. For the loop roadway section with a median, the minimum distance from the BOC to the right-of-way shall be 13 feet. Reference the typical cross-section attached as Exhibit 'D', Sections C & D. J. The County owned potable xvater distribution system will be alloxved to connect to the Collier County potable water transmission system along the Livingston Road (East- West) corridor, if necessary, to enhance pressures and chlorine residuals within the Project. To assist the County's operation and maintenance activities, LBP will provide a stabilized access in areas where there is not paved access adjacent to the County oxvned potable xvater main. K. Collier County and LBP entered into a Utility Facilities Reimbursement and Contribution Agreement dated 12 January, 1999 to address the desi In, permitting and construction of utilities along Livingston Road from Immokalee Road County Line. v ........ , .... NOV 7-4 L. Imgation water will be provided with a separate non-Collier County oxvned distribution system supplied by on-site wells, reclaimed water and/or other non-potable sources. 7.6 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this Project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. The applicant is allowed to not provide 10 percent littoral zone planting within every lake provided that compensatory littoral plantings are provided in other interconnected lakes within the Project phase. The applicant xvill provide the required total littoral zone plantings that xvould be required for the Project. 7.7 ENVIRONMENTAL A. The Collier County 'ST' overlay xvill be eliminated. A conservation easement xvill be provided for the propo';ed preservation areas per Section 6.4. Based upon fir. al SFWMD permitting there may be some minor adjustments to the proposed preservation areas. B. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Mediterra PUD, the Environmental Impact Statement (EIS) submitted in conjunction with the application for public heating for PUD Rezone shall serve as the EIS and the requirement for obtaining approval of an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities xvhich take place within the Mediterra PUD boundaries that require County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly change, the County may require additional information or an EIS supplement. C. Collier County shall defer environmental permitting regarding wetlands, wetland impacts and wetland mitigation to the SFWMD. LBP shall coordinate xvith and copy Collier County on approved permits. D. Location of gopher tortoise burroxvs and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Florida Game and Fresh Water Fish Commission Gopher Tortoise Relocation or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burroxvs exist. E. All conservation areas shall be recorded as conservation/preservation tracts or easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas including those that are recorded on a plat shall be dedicated to LBP, their successor or assigns, or the Mediterra responsibility of the control and maintenance of lands xvithin the Preservati uo._/7 NOv 3 2001 7-5 F. An exotic vegetation removal, monitoring, and maintenance (exotic flee) plan for the site, with emphasis on the preservation areas, shall be submitted to Current Planning Environmental Staff for reviexv and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation xvithin preservation areas. G. Petitioner shall comply with all permit conditions and stipulations contained within US Army Corps of Engineers and SFWMD permits issued for Mediterra which concern protected xvildlife species. H. The Preservation Areas incorporate wetlands as well as buffers including upland and structural buffers. The Project will be consistent with SFWMD criteria including any wetland buffering requirements. For these reasons, no additional buffering contiguous to the PreserYation Areas xvill be required. NOV 1 3 2001 8-1 SECTION VIII CROSS JURISDICTIONAL PROVISIONS 8.1 PURPOSE The purpose of this Section is to address and resolve potential inter-jurisdictional issues related to Mediterra PUD resulting from its location in both Collier and Lee Counties, pursuant to meetings and coordination between staff of both Counties. 8.2 ADDRESSING A. As stated in Exhibit C - Letter dated Februat3, 19, 1998 from United States Postal Service Postmaster C. M. Kigin, the main entrance for Mediterra is located within Collier County and therefore mail for the entire project will be delivered by the Naples Post Office. B. As to streets and roadways within Mediterra PUD that cross the boundary between Lee and Collier Counties, LBP shall select the names of internal roadways and determine in both counties that the name selected for each roadway is available and reserved in each county for the roadxvay before requesting either county to assig~ street addresses or numbers to lots or parcels located on such internal roadways. C. Collier County and Lee County representatives have a~eed to work cooperatively to ensure the assig~qment of consistent street names and addressing on all internal roads crossing the County boundary. 8.3 EMERGENCY MANAGEMENT SERVICES A. Fire suppression, laxv enforcement and emergency medical services shall be the responsibility of the county entity or service provider having jurisdiction over particular parcel or lot. 8.4 UTILITIES A. The plans for utilities serving the Mediterra PUD xvill be submitted for review and approval to the appropriate utility company that has jurisdiction over the subdivision improvements and/or golf course. 8.5 DEVELOPMENT REVIEW PROCESS The Development Review Process will be performed in accordance with the Collier County [.and Development Code and the Lee County Development Standar4 AG£1'~Z)A I T F...M EXECUTIVE SUMMARY RZ-2001-AR-1050, GREG JEPPESEN, P.E., OF JEPPESEN ENGINEERING CORPORATION, REPRESENTING MICHAEL G. IACONELLI AND JOAN IACONELLI, REQUESTING A REZONE FROM "C-4" TO "C-4" TO REMOVE A RESTRICTION FOR ACCESS FOR PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 EAST, BETWEEN MARTIN STREET AND BROWARD STREET, FURTHER DESCRIBED AS THE SOUTH ~ OF LOT 5, AND LOT 6, BLOCK 1, NAPLES MANOR LAKES, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.85 ACRES±. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Gro~vth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: This petition seeks to remove a restriction on access to the property from Tamiami Trail East. The restriction was placed on the property by the Board of County Commissioners during the Zoning Re- evaluation process. The only way to remove the restriction is to rezone the property from C-4 (with the access restriction) to C-4 (without the access restriction). During the Zoning Re-evaluation process, four restrictions were placed on the subject property. Ordinance 92-43 describes those restrictions as: a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. b. Principal structures shall be limited to three stories in height. c. The subject property (lots 3-6 combined) shall only be served xvith one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Lots 3, 4, and half of five were developed with an access onto US 41, but without providing an interconnection to the subject lots. Therefore, under Ordinance 92-43, the subject property is prohibited from constructing another access onto US 41. NOV I 3 2001 1 ~,g. [ The petitioner requests the subject rezone from C-4 to C-4 to remove the access restriction to US 41. Fire Code review has determined that a controlled, emergency-vehicle access may be required from the site to Floridan Avenue. Therefore, the prohibition against access to Floridan has been modified to allow emergency-vehicles only. If the controlled access is required, the type and the control mechanism xvill be determined at the time of Site Development Plan review. FISCAL IMPACT: This rezone by and of itself will have no fiscal impact on the County. 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. Because the site is currently zoned C-4, and after the proposed rezone it will remain C-4, the total amount of impact fees will remain the same. Additionally, there is no guarantee that the project at build-out xvill have maximized their authorized level of development. Other fees xvill include building permit reviexv fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that xvill be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countyxvide and would therefore bring about a countyxvide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed-Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition FLUE Policy 5.1 provides property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties Consistent by Policy. Zoning changes will be permitted to these properties, provided the amount of commercial land use, and the overall intensity NOV 13 2001 2 Pg ~ of development allowed, are not increased. In addition, pursuant to Policy 5.10, properties for which compatibility exceptions have been granted, as provided in the Zoning Re-evaluation Program established pursuant to [former] Policy 3.1K, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. The subject site was zoned C-4 at the time the Zoning Re-evaluation Program was implemented in the early 1990s. A compatibility exception application was approved for this site, subject to four conditions, allowing it to retain C-4 zoning. These four conditions were applied to the property via rezone petition R-92-4 (Ordinance 92-43). In staff's opinion, deletion of the access restriction will not result in an increase in intensity of use for this site. The proposed use may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this parcel, because it is under the size threshold, xvith no wetlands on site. Therefore, the Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on October 18, 2001 and by a 7 to 0 vote, fonvarded this petition to the Board of County Commissioners with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. The proposed rezone only affects access to the site. Permitted uses, required yards and maximum building height remain the same. Therefore, staff recommends approval of Petition RZ-2001-AR-1050 subject to the conditions of approval as described in the Ordinance. NOV 13 2001 3 p~l.~ PREPARED BY: FRED REISCHL, AICP DATE PRINCIPAL PLANNER REVIEWED BY: ./,.SUSAN MURRAY, A[C / DATE CURRENT PLANNING MANAGER THOMAS E. KUCK, PE DATE INTERIM PLANNING SERVICES DIRECTOR ! NORMAN E. FEDER, AICP DATE TRANSPORTATION ADMINISTRATOR / APPROVED BY: JOH:iM. DUNNUCK, III, DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ^DMIN~STRATOR RZ-2001-AR- 1050 NOV 13 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 1, 2001 RE: PETITION: RZ-2001-AR- 1050, IACONELLI REZONE OWNER/AGENT: Agent: Greg Jeppesen, PE Jeppesen Engineering Corp. 1100 Commercial Boulevard, Suite 119 Naples, FL 34104 Owner: Michael G. Iaconelli & Joan Iaconelli 458 Forest Hills Boulevard Naples, FL 34113 REQUESTED ACTION: This petition seeks to remove a restriction on access to the property from Tamiami Trail East. The restriction was placed on the property by the Board of County Commissioners during the Zoning Re- evaluation process. The only way to remove the restriction is to rezone the property from C-4 (with the access restriction) to C-4 (without the access restriction). GEOGRAPHIC LOCATION: The property is located on the north side of Tamiami Trail East, between Martin Street and Broward Street in the Naples Manor Lakes subdivision. AC-~A NOV 13 2001 PURPOSE/DESCRIPTION OF PROJECT: During the Zoning Re-evaluation process, four restrictions were placed on the subject property. Ordinance 92-43 describes those restrictions as: a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. b. Principal structures shall be limited to three stories in height. c. The subject property (lots 3-6 combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Lots 3, 4, and half of five ~vere developed with an access onto US 41, but without providing an interconnection to the subject lots. There£ore, under Ordinance 92-43, the subject property is prohibited £rom constructing another access onto US 41. The petitioner requests the subject rezone from C-4 to C-4 to remove the access restriction to US 41. SURROUNDING LAND USE AND ZONING: Subject Parcel: Undeveloped; zoned C-4 Surrounding: Northeast: Floridan Street ROW, across which is a single-family neighborhood; zoned RSF-4 Southeast: Undeveloped; zoned C-4 Southwest: Tamiami Trail East (US 41), across which is property zoned C-4 Northwest: Truck rental business; zoned C-4 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed-Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition FLUE Policy 5.1 provides property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties Consistent by Policy. Zoning changes will be permitted to these properties, provided the amount of commercial land use, and the overall intensity of development allowed, are not increased. In addition, pursuant to Policy 5.10, properties for which compatibility exceptions have been granted, as provided in the Zoning Re- evaluation Program established pursuant to [former] Policy 3.1K, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. 2 NOV 13 2001 The subject site was zoned C-4 at the time the Zoning Re-evaluation Program was implemented in the early 1990s. A compatibility exception application was approved for this site, subject to four conditions, allowing it to retain C-4 zoning. These four conditions were applied to the property via rezone petition R-92-4 (Ordinance 92-43). In staffs opinion, deletion of the access restriction will not result in an increase in intensity of use for this site. FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to the surrounding land uses. Comprehensive Planning leaves this determination to the Current Planning staff as part of their review of the petition in its totality. The proposed use may be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviexving agencies and their comments have been incorporated into this Staff Report. ANALYSIS: The proposed rezone xvill only affect access to the subject property. The permitted uses and required yards remain the same as those for other properties zoned C-4. The maximum building height remains at 3 stories (the building height for other properties in the C-4 district is 100 feet). The primary impact of this rezone xvill be to Tamiami Trail East. The petitioner has discussed the impact with the Florida Department of Transportation, which controls access to Tamiami Trail East. FDOT has indicated to the petitioner that the Department has no objection to the issuance of a Right- of-Way Permit for access. In addition, fire access to the site from Floridan Avenue may be required. Therefore, staff proposes the modification of another restriction in Ordinance 92-43. The restriction currently reads, "Access onto Floridan Avenue is prohibited". Staff proposes this be revised to "Access to Floridan Avenue is prohibited, except for controlled, emergency-vehicle access". ~,.,¢AT~A II~ ' NOV 13 2001 3 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) was not required. An EIS was not required because the property does not meet the size threshold. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone only affects access to the site. Permitted uses, required yards and maximum building height remain the same. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2001-AR-1050 to the Board of County Commissioners with a recommendation of approval. PREPARED BY: L PLANNER REVIEWED BY: S]2SAN MURRAY, AICP (57 DATE CURRENT PLANNING MANAGER THOMAS E. KUCK, PE DATE INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: ~. DUNNUCK, III, DATE JOHN INTER~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMI~STRATOR Petition RZ-2001-AR- 1050 Staff Report for the October 18, 2001 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: JOYCEANNA J. RAUTIO, CHAIRMAN g/current/reisch l/rezon e~iacon elli/$taffi-e port/RZ -2001 -AR-1050 REZONE FINDINGS PETITION RZ-2001-AR-1050 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 folloxving, 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: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: The parcel in question is currently zoned C-4. The requested rezone is to remove a restriction on access. Con: None. Summary Findings: The proposed land use is consistent with the existing and future land use pattern in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is from C-4 to C-4 and will not create an isolated district. Con: Evaluation not applicable. Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is currently zoned C-4. NOV 1 3 200! 1 pg. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: The boundaries have been determined to be logically drawn during the Zoning Reevaluation Program. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The adjacent parcels, also subject to the access restrictions, were developed without an interconnection to the subject property. In addition, access from Floridan Avenue is not permitted, leaving the parcel with no legal access. Con: An additional driveway on Tamiami Trail East will be created if the rezone is approved. Summary Findings: Changing conditions have resulted in the submittal of this amendment. The FDOT has no objection to the proposed access point. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The only access to the adjacent single-family neighborhood will be for emergency- vehicles. In addition, a type "B" landscape buffer shall be planted adjacent to the single- family neighborhood. Con: Evaluation not applicable. Summary Findings: The proposed rezone will not have an impact on the adjacent single-family neighborhood, because the parcel is currently required to provide a Type "B" landscape buffer. This requirement will not change. ~/D~ ~T~ NOV 1 3 2001 A 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. (ii) The property currently has no legal access. Con: (i) The rezoning will create an additional driveway on Tamiami Trail East.. 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. In addition, the FDOT has no objection to the proposed access point. 8. ~¥hether the proposed change will create a drainage problem; Pro: The site will be designed to utilize the existing stormwater management system. Con: Evaluation not applicable. Summary Findings: This rezone will not affect the uses permitted. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The current restrictions on the property limit the maximum building height to 3 stories. This restriction xvill not change. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards apply in the C-4 zoning district and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. In addition, the maximum building height was limited to 3 stories during Zoning Reevaluation. 10. Whether the proposed change svili adversely affect property values in the adjacent area; Pro: This rezone will permit access from Tamiami Trail. It will not change any of the permitted land uses or alter setbacks. Con: Evaluation not applicable. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The fact that a property is given access to Tamiami Trail East may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning xvill not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed rezone complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. NOV 13 2001 Summary Findings: The conditions of Ordinance 92-43, which pertain to this property, effectively prohibit access. 14. 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: The property is currently zoned C-4 and was permitted to remain in that district through the Zoning Reevaluation program, therefore it is not out of scale with the neighborhood or the County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: The subject property is currently zoned C-4. The proposed rezone is to remove a restriction on access to the site. 16. The physical characteristics of the property and the degree of site alteration ~vhich would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: The subject property is currently zoned C-4. The proposed rezone is to remove a restriction on access to the site. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. In addition, the range of permitted uses will not change if this property is rezoned. NOV 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE aZ-200~-ARq050 IACONELLI BUILDING Petition No.: Date Petition Received: PROJECT #2001050075 DATE: 6/19/01 Commission District: Planner Assigned:~ FRED REISCHL ABOVE TO BE COMPLETED BY STAFF I General Information: Name of Applicant(s) Michael G. laconelli and Joan laconelli Applicant's Mailing Address 458 Forest Hills Blvd. City Naples State FL Zip 34113 Applicant's Telephone # (941) 775-2658 Fax # (941) 775-7411 Name of Agent Greg Jeppesen, P.E. Firm Jeppesen Engineering Corp. Agent's Mailing Address 1100 Commercial Blvd. #119 City Naples State FL Zip 34104 Agent's Telephone # (941) 596-2866 Fax # (941) 596-2866 Agent's E-Mail Address: jeppesen@mediaone.net COLLIER COUNTY COMMUNITY DEVELOPMENT ,' PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 NOV APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 PAGE I OF 16 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip. Name of Master Association: N/A (per owner) Mailing Address City State ~ Zip Name of Civic Association: N/A (per owner) Mailing Address City State ~ Zip 2. Disclosure of Interest Information: a. if the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Michael G. laconelli and Joan laconelli 100% NOV 3 2O0i APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000P~[._ j ~ PA ~l,~~ b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock N/A N/A c. 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 o'f Interest N/A d. 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 N/A e. 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 Percentage of Ownership N/A Date of Contract: N/A AC_,rr~A ~_~ NOV 1 3 200 PAGE30 16 ~'_ ....... f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, parmership, or trust. Name and Address NIA g. Date subject property, acquired ~ leased ['"] 8~26~99 Term of lease N/A yrs./mos. If, Petitioner has option to buy, indicate date of option: NIA and date option terminates: N/A , or anticipated closing date N/A h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning .... district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 "to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 29 Township: 50 Range: 26 Lot: sv2to, s.s Block: I Subdivision: Naples Manor Lakes Plat Book 3 Page #- 86,87 Property I.D.#-62250240o01 Metes & Bounds Description: NIA 4. Size of property: 165.0 ft. X 225.0 ft. = Total Sq. Ft. 37,125 Acres 0.85 5. Address/general location of subiect property.: East side of U.S. East, between Martin Street and Broward Street '"" AGENDA ITEM ~-~ tlc._ /--~--L_~ NOV 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 6. Adjacent zoning and land use: Zoning Land use N C-4 Truck and Party Rental Facility S C4 Undeveloped E RSF-4 Naples Manor Lakes WU.S. 41 East N/A 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: NIA Township: N/A Range: N/A Lot: N/A Block: NIA Subdivision: N/A Plat Book N/A Page #- N/A .Property I.D.#- N/A Metes & Bounds Description: N/A 7. Rezone Request: This application is requesting a rezone from the (;-4 zoning district (s) to the (3-4 zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Office/Warehouse Building(s) 8. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a ._~_,_.---- narrative statement describing the rezone request with specific reference to the :riterl~a~-~, ~tTt[ noted below. Include any backup materials and documentation in support of the re NOV 1 3 200! APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 02/2000 PAGE 5 OF I 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 living 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 activity 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. IO. Whether the proposed change will seriously affect property values in the adjacent area. 1J. 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. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. NOV 1 3 2001 APPLICATION' FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 ! 6. 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. ! 7. 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. Hi, 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. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain ~vhether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject propert)_,: 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; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8 1/2" 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 reqt ~~ County, ~./~ff~].~_,2 APPLICATION FOR PUBLICtlEARING FOR STANDARD REZONE-02/2000 NOV I 3 20~I c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). £. Statement of utility provisions (with all required attachments and sketches); 9'. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; la. 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); -- 5. 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. NOV APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 02/2000 Pg' PAGE 8 OF. 16 STANDARD REZONE APPLICATION SUBMITTAL CHECKIiIST THIS COMPLETED CHECKLIST IS TO BE SU,BMITTED ~VITH APPLICATION PACKET! RE Q UIREMENTS # o F N 0 T COPIES REQUIRED REQUIRED 1. Completed Application 15' 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 4. Pre-application notes/minutes 15' 5. Conceptual Site Plans 15' 6. Environmental Impact Statement- (ELS) 4 ~ , 7. Aerial Photograph - (with habitat areas identified) 5' 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) /~/,~FL 4 10. Historical & Archaeological Survey or Waiver 4 11. Copies of State and/or Federal Permits ~7-~ ~c¢~ /¢2rcz- 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be - made payable to Collier County Bgard of 14. Other Requirements - * Documents required for Long-Range Planning Review * 1 additional co >y if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this pet/tion. . ~~'~~ ' 'Agent/Applicant Signature Date APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE _ 02/2000 PAGE 15 OF 16 JEPPESEN ENGINEERING CORP. C/v/I/Slte D~v~lopment Engln~.~r~ 1100 Commercial Blvd. #119 Naples, FL 34104 Phone/Fax (941) 596-2866 e-mail: jeppesen@mediaone.net RZ-2001-AR-1050 laconolli Rezone IACONELLI BUILDING PROJECT #2001050075 Narrative Statement D^'rE: 6/19/0] FRED REISCHL Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, the following Narrative Statement shall serve to address the Standard Rezone Considerations. This rezone petition is not a "normal" rezone. No land use changes are desired. The only change requested is to remove a restriction placed on the property by Collier County Ordinance 92.43 (page 16), specifically Item 10.c.. This restriction states that "The subject property (lots 3-6 combined) shall only be served with one single access onto U.S. 41 East." The reason for this restriction was to prevent each of the four lots from having its own access. Currently, Lots 3, 4, and ~ of 5 are developed under one SDP, with one access onto U.S. 41 East. The petitioner owns ½ of Lot 5 and all of Lot 6, and desires a separate access directly onto U.S. 41 East. Letters of no objection have been obtained from both Florida Department of Transportation and Collier County Transportation Planning (attached) regarding this additional access The following statements address the Standard Rezone Considerations discussed above: 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. No land use change is requested, therefore this petition is consistent with the Future Land Use Map and the Growth Management Plan. 2. The existing land use pattern. No land use change is requested, therefore the petition will not change the existing land use pattern. 3. The possible creation of an isolated ch'strict unrelated to adjacent and nearby districts. The zoning district will remain the same, therefore the creation of an isolated district unrelated to adjacent and nearby districts will not occur. 4. Whether existing district boundaries are illogically drawn in rE ~~,~~u existing conditions on the property for the proposed change. ~_~ The zoning district will remain the same, therefore this item is irrelevanl NOV 1 3 2001 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. This rezone petition is not the result of changed or changing conditions. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living 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 activity during construction phases of the development, otherwise affect public safety. No land use change is requested, therefore the traffic generated will be consistent with uses allowed in the C--4 zoning district, which is already allowed. 8. Whether the'proposed change will create a drainage problem. The proposed change will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. The proposed change will not 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. The proposed change will not 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, The proposed change will not constitute a grant of special privilege to the land owner as contrasted with the public welfare. NOV 13 200! ./3. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning will not change, therefore this item is irrelevant. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed change is not out of scale with the needs of the neighborhood or the county. , '/5. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. A land use change is not requested, therefore this item is irrelevant. 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. The zoning classification will not change, therefore this item is irrelevant. 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. H), as amended. The proposed change will not affect public facilities with regard to level of service. 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. Not applicable. NOV 13 2001 C:LJeppesenEngineering~PROJECTS~OO-OOTtCorre$~OOOT. Rezone Narrative Statement. doc ~'~ tt, 2553723 OR: 2609 PG: 1372 *** I~ ~EP~ BY ~ ~H T~ II/Il/Uti It II:tl~ fll~ I. I~, ~ll ~ IlltH,II ~m h 458 F~ ~111 B~d.~ ~ple~ ~ ~1~3. ~ ~ ~ ~; and tho one*hill (1/2) of ~l 5 Immodlllily idJKont to ~1 ~ (bolflg h So~hol~ 5~ IHt Of ~ S), Bl~k ~, ~S MA~ ~8, iccordlnfl ~ ~ In B~k 3, PB~m ~ ~ 87, PuM~ Roc~I ~ CMI~ ~, ~ Too~r'HER. ~ d the IesMdMn4~ P,d,d, du, m, efl~ ~ mp~t(14f~m:q~ the'do bddMp~ O~ k~ mn/v~e ~ ~lS · ~T ~E ~ME~ PR~E~ ~ ~ Q~OR ~AND~ HO~,h~b~~- ~ ~ ~ht l~ ~1~ ~ ~d ~ ~,v~ ~ bnd, ~ ~y ~ ~ I~ ~ M~ ~d ~ ~ ~d ~e ~ ~ESS WHEREOF,~~~s~I~b~Ymb~vo~' BHANM 0 P L, . STA~ OF FLORI~ COU~ OF C~ller ,. ~ _ ..... ~_ /7 ~ C~,.n E,~.: E~ ~,.~,.~ ~ ~ ~~' NOV 1 3 200! ~0 *~ur~ ~'.r~ ~ II i :-..c.-..-..: .:-..-..-..::.-..-..-..'..-..::::---:.?~ I--~---[ ..................... ~ ......... [ ...... t .... ]--,- ,, ', ~ / l, ' I I i ' ....................................... ~..~ ............................................................. I I I NOV 1 3 2001 I ORDINANCE NO. 92- &3 . AR ORDINANCE A~{ENDING ORDINANCE 91-102, THE~-- ~ ~/ ESTABLISHES ~ ~OM~HENSI~ ZONING ~__~ ~TIONS FOR ~E ~INCOR~TED ~ OF CO~IER CO~TY, F~RIDA, BY ~GI~G ~'~. DES~IBED PROP~TIES ~OM ~EIR :. ~SID~IAL, CO~RCIAL, OR INDUS~IAL ~ ~ ZONING C~SIFI~TION, ~ HE~IN ID~IFIED~ ON E~IBIT "A" , TO ~ SPECIFIC ZONING ~ ~SIDE~IAL SING~ F~ILY ZONING DIS~I~,~ OR ~ ~E ~F-3ST, ~SID~IAL SING~ F~IL~ ZONING DIS~I~ WI~ SPECIAL ~N~ ;-. O~R~Y, OR TO ~E ~F-4, ~SIDE~IAL SING~ F~ILY ZONING DIStil, OR ~ ~E ~F-6, ~... ~SIDE~IAL SING~ F~ILY ZONING DIStil, OR TO ~E ~F-6, ~SiDE~IAL ~LTI-F~ILY ZONING DIS~I~ OR TO ~E ~F-6ST, ~SIDENTIAL ~LTI-F~ILY ZONING DIS~I~ WI~ SPECIAL ~E~ O~Y, OR TO ~E ~F-12, ~SIOENTIAL ~LTIP~ F~ILY ZONING ~LTIP~ F~ILY ZONING DIS~I~ WI~ SPECIAL ~~T O~R~Y, OR TO ~E ~F-16, ~SIDENTI~ ~LTIP~ F~ILY ZONING DIStil, OR TO ~E RT, ~SIDE~IAL TO~I~T ZONING DIStil, OR TO ~E CF, COMITY FACILI~ ZONING DIStil, OR ~ ~E ~VC, ~L ~I~-~TIONAL ~HIC~ ~ROUND ZONING DIStil, OR ~ ~E C-1/T, CO~CIAL ~O~SSIONA~SITIONAL ZONING DIStil, OR ~ ~E C-1, CO~ClAL PROFESSIONAL ZONING DIStil, OR ~ ~E C-2, CO~CIAL CO~NIENCE ZONING DIStil, OR TO ~E C-3, CO~RCIAL I~E~DIATE ZONING DIStil, OR TO ~E C-3ST, CO~RCIAL I~E~DIATE ZONING DIS~I~ WI~ SPECIAL ~NT OVER~Y, OR TO ~E C-4, G~E~L CO~RCIAL ZONING DIStil, FOR INDIVI~AL P~CE~ ~ ~E~IN IDE~IFIED ON E~IBIT "A", AS D~E~INED BY ~E ~D OF CO~ CO~ISSIONE~ TO BE APPRO~IATE ~D ~ ~E CONSIS~ WI~ ~E 3.1.K O~ ~ ~ ~D USE E~MENT ~D ~E ~ ~D US~ ~P OF ~E GRO~H ~AG~ENT P~ ~D BY PROVIDING ~ EF~I~ DATE ~, A~tcle VIII, Section l(f) of ~e Constitution of Florida confers on counties broad ordinance-making p~er when not inconslsten~ wl=h general or s~ecial law~ and ~S, ~apter 125.01, Florida Statutes, confers on all coun~ie~ ~ Florida general powers of government, ~ncluding ~he ~-2001-AR-1050 ACONELLI B~LDING NOV 13 2001 ordinance-making pover and the power to plan and regulate the use of land end water; and WHERT. AS, On January 10, 1989, Collier County adopted the Collier County Growt~',Management Plan as its Comprehensive Plan pursuant to the requirements Chapter 163, ParC II, ~ ~T~L~J~, &1so known as the' ~ocal Government Comprehensive Pl&nning and Land Development Regulation Act of 1985 and Chapter · ' 9J-5, Florida Administr~ttve Code. also known as the Minimum ~. Criteria for Reviev of Local'.Government Comprehensive Plans and Determination of Compliance~ and WHEREA~, the Board' of Co13nty Comnissioners of Collier County finds that development for which zoning has already been '~' approved by Collier County and potential zoning vithin Urban Designated Areal of the Collier County Growth Management Plan !'~ will accommodate approximately 350,000 dwelling units in the uninoor~orated Coastal Urban Area of Collier County, and that · :. co~mercial zoning in excess of 4,600 acres has been approved, vhile the Capital Improvement Element of the Grov~hManagement 's Plan would serve only a fraction of the planned and approved, yet unbuilt', development; and WHEREAS, because of these estimates and projections, the :~ Future Land Use Map and Element of the Collier County Growth Management Plan and the support Documents project and provide for over 60 years of growth vhila the Capital Improvement Element of the Collier County Grovth Management Plan provides for only five (5) years of funding and only ten (10} years of needs and deficiency assessments for public facilities for all categories, except that roads are also ~n the process of being ,, tentatively planned for up to 25 years of growth; and .~' WHEREAS, as a result of the realization of this serious and significant imbalance betveen planned land uses and planned ~ public facilities by the Board of County Commissioners of Collier County, the Board of County Commissioners of Collier A C-~E. NO A ITE.~ NOV J 3 20Ot C~unty finds that Collier County faces real, serious and imlnant problem~ that will result from the planned and spp~vsd, yet unbuilt, development in that it exceeds the financial resources of Collier County to fund projected carrying capacity of the existing and planned Public fa~lliti6m of Collier County and that it is inconsistent with t~ ~xisting and desired community character of Collier County: ~ ~" WHEREAS, at the time of adoption of the Growth Management Plan, ~he Board of County Commissioners of Collier County recognized the need to balance evacuation capability and the at-risk population in the Hurricane Vulnerability Zones in ': Collier County by limiting or reducing the maximum permitted densities in those zones to ensure that the population at risk in those zones of high risk could safely evacuate during the time of a hurricane event; and · : ~, the Board of County Commissioners of Collier County acknowledged tho report of the Regional/Urban Design Team for the Naples area dated April, 1987 and subsequent recommendations of the R/UDAT Citizen Committee and approved a ?.' revised commercial allocation system to promote superior urban design by managing road access, avoiding commercial strip development, improving overall traffic circulation patterns and providing community focal points; and W~EREAS, the Growth Management Plan, through the Future Land Use Map and the Goals, Objectives and Policies, strives to : coordinate land uae with the provision of adequate roads, sewer, water, drainage facilities, solid waste facilities and parka and recreation opportunities; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and :: discourage unacceptable levels of urban sprawl; and WHEREAS, the cost to the public and Collier County to p~ovide adequate public facilities for planned and approved, yet unbuilt, development is too great of a financial burden and NOV 13 2001 would cause the public and Collier County undue fiscal hardship; end ' WHEREAS, additionally, the Board of County Commissioners of Collier County recognizes that if a substantial amount of the unimpr~ed property were allowed to develop and be constructed under existing zoning districts inconsistent with the Growth ~i' Management Plan, it would encourage urban sprawl, promote strip c~mmercial development, negatively impact the character of residential neighborhoods and commercial areas, and force Collier County to make premature ad hoc land use commitments; Wh'ZI~EAS, Collier County has attempted to address these problems by including several provisions in the Collier County Gro~X.h Management Plan, including Objective I and related Policies and Policy 3.1.K of the Future Land Use Element of the Collier County Growth Management Plan, and by pruviding that land develoument regulations be adopted and contain provisions to implement the Collier County Growth Management Plan and include at a minimum, ]JL~9~alia, the establishment of a Zoning Reevaluation Program for unimproved property that shall be carried out by January 10, 1991 for all commercially zoned and non-residential property and by January 10, 1992 for all other property; and WHEREAS, Objective 1 of the Future Land Use Element requires all new or revised uses of land to be consistent with designations outlined on the Future Land Use Map; and W~EREAS, Policy 3.1.K of the Future Land Use Element of the Collier County Growth Management Plan furthermore provides for the rezoning of inconsistent, unimproved properties to a zoning district consistent with the Growth Management Plan; and ;%' WHEREAS, pursuant to Sec. 163.3194(3)(a), Fla. Stat., land development regulations shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, and other aspects of development permitted by such regulations ;.' NOV 1 3 2001 ere cumpatible with and further the objectives, policies, Xand ~es, and densities or intensities in the Comprehensive Plan and ~f it meets all other criteria enumerated by the local g~vernmsnt~ and Wh~q~EAS, in order to comply with the foregoing authorities, findings and the Act, it is necessary to rezone large areas in the unincorporated portion of Collier County to zoning districts/consistent with the Growth Management Plan; and WHERF. AS, the zoning amendments herein will implement Objective One and related Policies and Policy 3.1.K of the F~ture Land Use Element and Future Land Uss Map; and WHEREAS, the owners of the herein described properties have not submitted an application aa provided for in Sections 2.4 (Exemptions), 10 (Compatibility Exception), and 11 (Determination of Vested Rights) of the Zoning Reevaluation Ordinance, or have submitted an application and it was not granted, or have submitted an application and it was granted subject to a zoning change and/or conditions~ and WHERF2%S, Policy 3.1.K of the Future Land Use Element of the Growth Management Plan and the Stipulated Settlement Agreement in DOA~ Case No. 89-1299 GM require commercially and industrially zoned property inconsistent with the Growth Management Plan and unimproved to be rezoned to consistent zoning districts by January 10, 1991, and require residentially zoned Property inconsistent with the Growth Management Plan and unimproved to be rezoned to consistent zoning districts by January 10, 1992; and WHEREAS, the zoning amendments herein will bring the zoning of the herein described properties into consistency with Objective 1 and related Policies and Policy 3.1.K of the Future Land Use Element and the Future Land Use Map of the Growth M. anagement Plan~ and NOV 1 3 2001 WHEREAS, the Collier County Planning Commission has r~lewed this zoning ordinance end has found it to be consistent with the Growth Management Plan as required by Sec. 163.3194(2), Florida Statutes. NOW, THEREFORE BE IT ORDAINED by the Boar4 of C(,gnty Com~leeloners of Collier County, Florida: ~ Rezone of properties with Residential Zoning Designations. The zoning classification of t. he herein described real properties le changed from the zoning classifications indicated on Exhibit 'Am to the ~F-3, Residential Single Family Zoning District, or to the RSF-3ST, Residential Single Family Zoning District with Special Treatment Overlay, or to the RSF-4 Residential Single Family Zoning District, or to the RSF-6, Residential Single Family Zoning District, or to the R~F-6, Residential Multi-Family Zoning District, or to the RMF-6ST, Residential Multi-Family Zoning District with Special Treatment Overlay, or to the RMF-12, Residential Multiple Family Zoning District, or to the R~F-12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, or to the R~F-16, Residential Multiple Family Zoning District, or the the RT, Residential Tourist Zoning District, or to the M}{, Mobile Home Zoning District, or to the C-3, Commercial Intermediate Zoning District, or to the CF, Community Facility Zoning District as herein identified on Exhibit "A", and the Official Zoning Atlas Map Numbers indicated on Exhibit "A", am described in ordinance 92-102, are hereby amended accordingly: SEE EXHIBIT "A# :" ~._ ':: NOV I 3 2001 ::'.' pg. :.. ~: Rezone of properties with Commercial Zoning Designations. ?':' The zoning classifies=ion of the herein delcribed real '" prope~tiee Il cha~ged from the zoning claesifications indicated on Exhibit "A" to the R~F-6, Residential Multi-Family Zoning District, or to the R~F-12, Residential Multiple Family Zoning District, or to the RMF-12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, or to the TTRVC, Travel Trailer-Recreational Vehicle Campground Zoning District, or to the C-l/T, Com~ercial Professional/Transitional Zoning District, or to the C-1, Commercial Professional Zoning District, or to the C-2, Commercial Convenience Zoning District, or to the C-3, Co~mercial Intermediate Zoning District, or to the C-3ST, Commercial Inter~ediate Zoning District with Special Treatment Overlay, or to the C-4, General Co=mercia1 Zoning District, as herein identified on Exhibit "A", and the Official Zoning Atlas Map N~mbers indicated on Exhibit "A", as described in Ordinance 91-102, are hereby amended accordingly: SEE EXHIBIT 'A" ~: Rezone of properties with Industrial Zoning Designation. The zoning classification of the herein described real prol~erties iA changed from the zoning classification indicated on Exhibit "A" to the C-1, Commercial Professional Zoning District, as herein identified on Exhibit "A", and the Official i' Zoning Atlas .Map Number indicated on Exhibit "A", as described in Ordinance 91-102, iA hereby amended accordingly= SEE EXHIBIT " a53 3;37 NOV 1 3 2001 ~: Effective Date. This Ordinance shall become effective upon receipt of no~lce from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND D~LY ADOPTED by the Board of ~'~3~y-- Commissioners of Collier County, Florida, this 22nd day of , 1992. 0,.53,~. 3.38 NOV 1 3 2001 Section 2.4.7.4, Alternative B, o£ the Land Development Code. b. Principa! structures shall be limited to three stories in height. c. The subject property (all lots combined) shall only be served with one single access onto U.S. 41 East. d. Access emro Floridan Avenue is prohibited. Change Official Zoning Atlas Map #0629N 10. Legal Description: Lots 3 4, 5 and 6, Block 1, Naples Hamer Lakes, according to ~he plat thereof, recorded in Plat Book 3, Pages 86-87 of the Public Records of Collier County, Florida. Rezoned fro~ C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-019-SN, CEX-O20-SN, CEX-21-SN, and CEX-022-SN)= a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. b. Principal structures shall be limited to three c. The subject property (lots 3-6 combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Hap ~0629S 11. Legal Description: STRAP J502616-055.000 further described as lying in Section 16, To,ship 50 South, Range 26 East, Collier County, Florida, the West 65 feet of the East 325 feet of tho West 520 feet of the West 1/2 of the North 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, less the right-of-way described in Official Record Book 780, Page 112, as recorded in Official Record ~ook 614, Page 1054 . Rszoned from RHF-6, Residential Hulti-Family Zoning District to RSF-3, Residential Single Family Zoning District. Change Official Zoning Atlas Hap #0616S 12. Legal Description= STRAP J502616-064.000 further described ae lying in Section 16, To,ship 50 South, Range 26'East, Collier County, Florida, the East 130 feet of the South 1/2 of tho North 1/2 of the Southwest 1/4 of the Southeast 1/4, less the North 30 feet for right-of-way, as recorded in Official Record Book 1118, Page 832. Rezoned from RHF-6, Residential Hulti-Famlly Zoning District to RSF-3, Residential Single Family Zoning District. Change Official Zoning Atlas Hap #0616S 13. Legal Description= STRAP #502616-110.000 further described as lying in Section 16, Township 50 South, Range 26 East, Collier County, Florida, the East 65 feet of the West 195 feet of the North 1/2 of the North 1/2 of tho Southwest 1/4 of the Southeast 1/4, lees the South 30 feet for right-of-way, as recorded in Official Record Book 608, Page 219. AC4~3~0 A · NOV 13 20Of ~g.. ~nR-2?-ot ~:42 ~r~ g n o · ~-200I-AR-1050 ( ( IACONELLI BUILDING . PRO'CT ~2001050075 DATE: 6/19/01 F~D ~ISCHL ~o~ Depa~ent ~ Trampo~at~ M~ 27, ~1 ~. ~d W~ ~i~ ~ty Co~M~ 2~N. ~~. ~: $R45 ~1~ ~ ~10 ~ T~H ~J~ ~ ~. w~: It ~ ~ ~s ~ ~s m ~ ~ ~ ~ ~ U~l.':'.g.~'t~ ~ ~ of ~ ~2 ~tqY ~8 '01 1', RZ-2001-AR-1050 IACONELLI BUILDING PROJECT #2001050075 DATE: 6/19/01 FRED REISCHL COl J JER COUNTY GOVERNMENT Collier County Transportation Services Division Transportation Planning Department 2675 South Horseshoe Drive, Suite 401, Naplea Florida 34104 ~ 041) 774-8191 SUNCOM: Fax: (941) 213~815 May 8, 2001 Mr. Gl'q~ory D. J~ P.E. N~ples, FL 34104 RE: Lot 6 ~:i ~A of l~t 5 - N~ple~ Manor Lalm~ New Connect~ to U.S. 41 Faro JEC File No. 00-007 B~exl on the current d~lopment cor~g~ tm Lots 3, 4, md ~h~ w~t ',4 of Lot ors -N~p~ M,-~r L~kez, ~ ~k~ not ~mr ~o b~ ~ teasombl~ mem~ for tlae remaindex of Lot 5 ~:i all ofLol 6 ~o ~t~in accezz m U8 41 hm ind!c-_ted ~hat they would hav~ no objection to the ~:ce~ imm US ~1. The Collier Coungr Trmsportation ont~ US ,~I from the~ parc~. In ord~ to obtain ~pWoval of ~i~e ~c.c~ to US 41 ~s requeztect, m arrv~,,~s to ~ 92-43 to allow ~ tr~ffi¢ ~ on US 41. Tom Kack. ~ Pluming Mm~ger, l'tm~ing Sexvi~ ~t NOV 1 3 2001 ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, AS AMENDED BY ORDINANCE NUMBER 92-43, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0629S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 EAST, BETWEEN MARTIN STREET AND BROWARD STREET IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM C-4 TO C-4 TO REMOVE A RESTRICTION FOR ACCESS; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Greg Jeppesen, P.E., of Jeppesen Engineering Corp., representing Michael G. and Joan Iaconelli, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAIN'ED BY The Board of County Commissioners of Collier County, Florida, that: SECTION ONE: T'ne zoning classification of the real property as more particularly described as Lot 6 and the South one half of Lot 5, Block One, Naples Manor Lakes and located in Section 29, Township 50 South, Range 26 East, Collier County, Florida, is changed fi.om "C-4" to "C-4" and the Official Zoning Atlas Map numbered 0629S, as described in Ordinance 91-102, the Collier County Land Development Code, and as amended by Ordinance 92-43, is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: 1. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. 2. Principal structures shall be limited to three stories in height. 3. Access to Floridan Avenue is prohibited, except for controlled, emergency-vehicle access. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. AC__~J~A ITF~ NOV I 3 200t PB.~--- x, 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 BY: JAMES D. CARTER, Ph.D., CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Leagal Sufficiency Matj ori~ 5vi.- ~tudeni Assistm~t County Attorney RZ-2001AR-1050 ~_ /'7 ,.,~ NOV 1 3 2001 EXECUTIVE SUMMARY PETITION VA-2001-AR-1311, JOHN ENLOW REPRESENTING ADAM HUBSCHMAN REQUESTING A ONE-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 7.5-FEET TO 6.5-FEET FOR THE EAST SIDE AND A 0.4-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 7.5-FEET TO 7.1-FEET FOR THE WEST SIDE OF A SINGLE-FAMILY RESIDENCE. FOR A PROPERTY LOCATED AT 1097 FRANK WHITEMAN BOULEVARD AND IS FURTHER DESCRIBED AS LOT 9, BLOCK "C", NORTH NAPLES HIGHLANDS, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for side yard variances in the "RSF-4" residential single-family zoning district while maintaining the community's best interest. CONSIDERATIONS: The original building was built in 1953. Prior to the adoption of the Land development Code in 1991, the side yard setback for non-conforming lots used to be 10 percent of the lot width, which in this case would have been 5 feet. In 1996 the then owner of the property obtained a building permit to add an addition on to the residence. The final survey delivered to the County showed a 7.5-foot side setback, which is the minimum required setback for the zoning of this property. The addition granted a Certificate of Occupancy (C.O.) and the house was sold. The house was recently sold again. The survey required by the new buyer showed the encroachments. A third survey was done by a third surveyor, which confirmed the encroachments. The applicant is requesting these variances in order to eliminate the violations. FISCAL IMPACT: This request will have no fiscal impact. GROWTH MANAGEMENT IMPACT: This request will have no Growth Management Impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this project. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County '-' flor 'i:: Probability Map. Therefore, no Historic and Archaeological Survey & Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: There is technically no land-related hardship; however, this variance request is to remove an existing encroachment, which occurred six years ago. The neighboring property owners, affected by this encroachment, have not indicated any objections to the granting of this variance. Most homes in the area were built under a different Code, allowing a 5-foot side yard setback for similar size lots. Therefore, Planning Services staff recommended that the CCPC forward Petition VA-2001-AR-1311 to the BZA with a recommendation of approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not required to be heard by the Environmental Advisory Council. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed VA-2001-AR-I$11 on October 18, 2001 and by a unanimous vote recommended that the Board of Zoning Appeals approve this petition. PREPARED BY: ! CHAHRAM BADAMTCHIAN Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY~ SUS~? MURRAY, Ale~'- DATE INTERIM CURRENT RLANNING MANAGER THOMAS E. KUCK, P.E. DATE INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOH,f~ M. DUNNUCK III DATE INT~-~,IM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR NOV 13 2001 2 ¢,g. ~ AGENDA ITEM 8-A Q MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: SEPTEMBER 24, 2001 SUBJECT: PETITION VA-2001-AR-1311 AGENT/APPLICANT: OWNER: Adam Hubschman 1097 Frank Whiteman Boulevard Naples, FL. 34103 AGENT: John Enlow P.O. Box 413005, Unit # 66 Naples, FL. 34101 REQUESTED ACTION: The petitioner requests a one-foot after-the-fact variance from the required side yard setback of 7.5-feet to 6.5-feet for the east side and a 0.4-foot after-the-fact variance from the required side yard setback of 7.5-feet to 7.1-feet for the west side of a single- family residence. GEOGRAPHIC LOCATION: The subject property is located at 1097 Frank Whiteman Boulevard and is further described as Lot 9, Block "C", North Naples Highlands, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The original building was built in 1953. Prior to the adoption of the Land development Code in 1991, the side yard setback for non-conforming lots used to be 10 percent of the lot width, which in this case would have been 5 feet. In 1996 the then owner of the property obtained a building permit to add an addition on to the residence. The final NOV I 3 2001 Pg. survey delivered to the County showed a 7.5-foot side setback, which is the minimum required setback for the zoning of this property. The' addition granted a Certificate of Occupancy (C.C.) and the house was sold. The house was recently sold again. The survey required by the new buyer showed the encroachments. A third survey was done by a third surveyor, which confirmed the encroachments. The applicant is requesting these variances in order to eliminate the violations. SURROUNDING LAND USE AND ZONING: Subject: Single-family residence, zoned RSF-4 Surrounding: North - Single-family residence, zoned RSF-4 East - Single-family residence, zoned RSF-4 South - ROW, Single-family residence, zoned RSF-4 West- Single-family residence, zoned RSF-4 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANAL.YSlS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: 1, Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No, there are no special conditions or circumstances with the land; the lot in question is 50-foot wide, which is similar to most lots in the area. In the past the side setback for a 50 foot lot used to be 10 percent of the lot width or 5 feet. In 1991 the setback was changed to 7.5 feet. NOV 13~001 ) 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No, the applicant has purchased the residence from the previous owner after the encroaching structure was built. The original surveyor for the addition located the house erroneously on the site causing the encroachment. 3. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? In order to bring this residence into compliance with the provisions of the LDC, the encroaching portion of the house must be removed. Although not related to the land or structures, this action may cause financial hardship on the applicant. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the requested variance on the east side is the minimum variance that will allow the applicant to remove the violation. As explained earlier, the request for a variance to the west side is not necessary. The house was built with proper setbacks in 1953. However, the applicant wishes to obtain a variance for the west side so future complications may be avoided. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller side yard than which would be permitted for similar residential properties in the same zoning district. 6. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, the granting of this variance will reduce the amount of the required yard. This neighborhood was developed several years ago, under a different code with reduced side setbacks; therefore, the granting of this variance will not be injurious to the neighborhood, nor it will be detrimental to the public welfare. NOV 3 2001 3 p~,._._______.~ 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No, there are no natural or physically induced conditions to mitigate the visual impact of this encroaching structure. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is technically no land-related hardship; however, this variance request is to remove an existing encroachment which occurred six years ago. The neighboring property owners, affected by this encroachment, have not indicated any objections to the granting of this variance. Most homes in the area were built under a different Code, allowing a 5-foot side yard setback for similar size lots. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2001-AR-1311 to the BZA with a recommendation of approval. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY: SU~S~N MURRAY, AICP DATE CURRENT PLANNING MANAGER NOV 13 2001 THOMAS E. KUCK, P.E. DAT'E '" INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JO/i~'N M. DUNNUCK III DATE IN~TERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition VA-2001-AR1311. This petition has been tentatively scheduled for November 13, 01, BZA Public Hearing. Collier County Planning Commission: JOYCEANA J. RAUTIO, CHAIRMAN NOV 1 3 200I 5 pg. ~' RESOLUTION NO. 01- RELATING TO PETITION NUMBER VA- 2001-AR-1311 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1-foot after-the-fact variance from the required side yard ack of 7.5 feet to 6.5 feet and an after-the-fact 0.4 foot-variance from the required side yard setback of 7.5 feet to 7.1 feet as shown on the attached plot plan, Exhibit "A", in a "RSF-4" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2001-AR-1311 filed by John W. Enlow, representing Adam Hubischman, with respect to the property hereinafter described as: Lot 9, Block C, North Naples Highlands, as recorded in Plat Book 3, Page 12, Official Records of Collier County. be and the same hereby is approved for a 1-foot after-the-fact variance from the required side yard """'""~~ ~.sgtback of 7.5 feet to 6.5 feet and after-the-fact 0.4-foot variance from the required side yard setback NOV 1 3 200! of 7.5 feet to 7.1 feet as shown on the attached plot plan, Exhibit "A", of the "RSF-4" Zoning District wherein said property is located, subject to the following conditions: 1. The variance is only for the main structure as shown on the attached exhibit. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Collier County Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-AR-1311 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2001. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: MarjoraM. Student ~ Assistant Count.',' Attorney NOV ! 3 2001 N. OO'20'OT'W. ~$5.70' N. OO't9't5"W. 135.64' 30.00° ,~. ~'~' ~ ~.o' ' ~.~. ~ ' ~.oo.o~.,~-~. ,~.~' ~ECOND A~. (Plot)  (I 12th SmE~ O. (Held) ~ VA-2001-AR-1311  ~ EXHIBIT "A" '"'"~' "'~'"'" JOHN W. ENLOW PO Box 413005 - Unit 66 Naples, FL 34101 Phone (941) 261-8502 · Fax (941) 403-0357 VA-2001 -AR-1311 August 7, 2001 PROJECT #2001050005 DATE: 8/10101 CHAHRAM BADAMTCHIAN Collier County Planning Dept. 2800 North Horseshoe Naples, FL 34104 Attn.: Mr. Chahram Badamtchain Planning Services Dept. Dear Mr. Badamtchain: Enclose please find a check made payable to Collier County in the amount of $2,025.00. I would like to apply for a variance for a minor after-the-fact yard encroachment. The encroachment occurred in 1996 and was c.o.'d at that time. Please see attached survey approved by the Building Department back in March 1996. I have now sold this property and there has been a new survey completed by the buyer which indicates an encroachment (see attached). We appreciate your consideration with our problem and look forward to hearing from you. Thank you, John Enlow Enclosures: 1996 Survey 2001 Survey Application ¥A-2001 -AR-1311 PROJECT #2001050005 DATE: 8110101 CHAHRAM BADAMTCHIAN VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF INFORMATION: GENERAL Petitioner's Name: .~.7~)~f/~ Petitioner's Address: /g~-k,--~.-..k-' ~ ,,,~,,-~,,~ ,~. -e~,',~,,57 Agent's Ad&ess: ~.-~' Telephone:~~/~~ NOV 13 2001 Application for Variance Petition - 8/98 Page 1 of 8 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address/~9~' r~--~.~//~//~ City State/~- Zipffq/° 2~ Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State Zip PROPERTY DESCRIPTION: Legal Description of Subject PropertyI Subdivision:~/~/Y~/a~/0/~f' ~//'~ it Lot (s) '~ Block (s) Section ,Q- ~, Twp. z/~ Range ff--5~- Property I.D. i Metes & Bounds Description: Application for Variance Petition - 8/98 age Address of Subject Property: (If different from Petitioner's address) Current Zoning ~a L~a ~e orS~e~t ~'ar~e~: ,,/Y~ Adjacent Zoning & Land Use: ZONING LAND USE Minimum Yard Requirements for Subject Property: Front: ,,2..~'-- Comer Lot: Yes [--] No [~ Side: ':'7, "~ Waterfront Lot: Yes [---] No ~ - NOV ~ 3 2001 Application for Variance Petition - 8/98 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback fi-om 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. / NOV ! 3 2001 Application for Variance Petition - 8/98 Page 4 of 8 Please note that staff and the Collier County planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or stmctuxe and which promote standards of health, safety or welfare. Application for Variance Petition- 8/98 Pa r,e 50~ -1 ~ 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. , ' ~/ , ~'- ~ ,) - ~/ / .~ , 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. no. /7 NOV 1 3 200I Application for Variance Petition - 8/98 Pa e~_6 0~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ._ PERMIT P~_ .£T #: 950012151 PERMIT SLAB V~tLID 215 ISSUED: 11-01-95 BY: LOAD APPLIED 11-01-95 APPROVAL DATE: 11-01-95 MASTER #: 0 COA JOB ADDRESS: 1097 FRANK WHITMAN BLVD CP JOB DESCRIPTION: 35'X20'SLAB - NO R.O.W. JOB PHONE: SUBDIVISION #: 1313 - North Naples Hichlands BLOCK: C LOT:9 FLOOD MAP: ZONE: x ELEVATION: FOLIO #: 0000064260320003 SECTION-TOWNSHIP-RAN 22 49 25 OWNER INFORMATION: CONTRACTOR INFORMATION: HAGGERTY, DONNA ALLEMAN-WEIDMAN, INC. 1097 FRANK WHITMAN BLVD 2530 55TH STREET S.W. HIGHLANDS NAPLES, FL 33942 NAPLES,FL 34116- ' CERTIFICATE %: 15315 PHONE: 941)455-1478 FCC CODE: 998 - EXPRESS/RESIDENTIAL OTHER CONSTRUCTION CODE: 10 / OTHER JOB VALUE: TOTAL SQFT: SE~T~BACKS FRONT: REAR: LEFT: RIGHT: £ ~: SEPTIC WATER: WELL Cb., ~ACT NAME: DAVE ALLE~AN CONTACT PHONE: (941) 591-8815 Per Collier County Ordinance No. 96-83. as amended, all work under the approved building permit shall comply with all applicable laws, codes, ordinances and additional stipulations and/or Conditions of Permit. The approved permit expires if work authorized is not commenced within six (6) months from date of issue as evidenced by the successful completion of the foundation inspections as stated in Ordinance No. 96-83 104.6.1.b as amended. Fee Resolution No. 96-594 provides for additional fees for failing to obtain permits prior to commencing construction. The permittee further understands that only licensed contractors may be employed and that the structure shall not be used or occupied until a Certificate of Occupancy is issued. NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING ~NSULT WITH YOUR LENDER OR AN ATTORNE~_BEFA)RE · - t"----'Ec~A rT~ ~ RECORDING YOUR NOTICE OF COMMENC~MENT.~C I NOV132001 A~A IIE~ " NOV 13 200! ~OZNN .... ~oo I N. OO'20 'O7'W. 135.70' N. OO'19'IS'W. 135.64' ,~. ~ ~." ~.~' ;~5.~' (P) EXECUTIVE SUMMARY PETITION CU-2001-AR-990 ROBERT L. DUANE HOLE MONTES, INC. REPRESENTING BIG CORKSCREW ISLAND FIRE CONTROL DISTRICT REQUESTING THE APPROVAL OF A CONDITIONAL USE FOR A FIRE STATION ON A PARCEL OF LAND ZONED "E" ESTATES DISTRICT.THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD AND EVERGLADES BOULEVARD, AND IS FURTHER DESCRIBED AS TRACT 129, GOLDEN GATE ESTATES UNIT 47. THIS PARCEL CONSISTS OF APPROXIMATELY 4.7 ACRES. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a Conditional Use permitting fire station in the "E" Estates zoning district while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting a Conditional Use for essential services per Section 2.6.9.2. of the Land Development Code for a "E" Estates zoned property for a fire station. This site will be developed with a 7,294 square foot building, which will house the Big Corkscrew Island fire station, and an EMS station will be added at a later date. FISCAL IMPACT: This petition is for a fire station, and as such, it is exempt from any impact fee payment. GROWTH MANAGEMENT IMPACT: The subject property is designated Estates, as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). This subdistrict permits non-residential uses and essential services such as fire stations. ENVIRONMENTAL ISSUES: This petition was reviewed by the Environmental Staff of Current Planning Section. Their comment was taken into account when designing the site. Furthermore, since there were no environmental impact on 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, no Historical/Archaeological Survey and Assessment was required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for approval. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2001-AR-990 on October 18, 2001 and by a unanimous vote recommended that the Board of Zoning appeals approve this petition. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY: ~ ~ SR/~'NMTUpRLRAANY~ iANI GC PM A/A G ER DATE THOMAS E. KUCK. P.E. DATE INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JcO~.N?TU¢ DN EUvC~i, Ioi I1~, MNETNETR ,&M¢2v iMRI ~INSMT I~ANTTOA LRsE RvDI ~TE~ DIVISION ..-.. AC.,,F. NDA ~TE~ NOV I 3 200i 2 pg. ,~J. _ AGENDA ITEM 8oE MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: September 25, 2001 RE: PETITION NO: CU-2001-AR-990 OWNER/AGENT: owner: Big Corkscrew Island Fire Control District 13240 Immokalee Road Naples, FL. 34120 Agent: Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, FL. 34110 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for a fire station on a parcel of land zoned "E" Estates District. GEOGRAPHIC LOCATION: The subject property is located at the intersection of Immokalee Road and Everglades Boulevard, and is further described as Tract 129, Golden Gate Estates Unit 47. This parcel consists of approximately 4.7 acres. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting a Conditio,n,~!, Use for essential services per Section 2.6.9.2. of the Land Development Code for a Estates zoned property for a fire station. This NOV I 3 200 ]_ Pg._.-~ NOV 1 3 2001 site will be developed with a 7,294 square foot building which will house the Big Corkscrew Island fire station, and an EMS station will be added at a later date. SURROUNDING LAND USE AND ZONING: Existing: -Vacant, zoned"E" Estates. Surrounding: North -Vacant, zoned "A-MHO" Agricultural. East - Vacant, zoned "E" Estates. South -Vacant, zoned "E" Estates. West - Vacant, zoned "E" Estates. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Estates, as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). This subdistrict permits non-residential uses and essential services such as fire stations. 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 provided from Immokalee Road. The ITE Trip Generation manual indicates that this site will generate approximately 50 trips on a day. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). Conservation Element: This petition was reviewed by the Environmental Staff of Development Services and found to be consistent with the Conservation Element of the GMP. STAFF ANALYSIS 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 ~,~ .~-~,,r~,,~ NOV 1 3 2001 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 "E" Estates. Fire stations are permitted as Essential Services Conditional Use in the "E" district. The subject property is designated Estates, as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). This subdistrict permits non-residential uses and essential services such as fire stations. Con: None. Summary Conclusion (Findings): The use in question is permitted within the "E" district. This request is deemed to be consistent with the requirements of the Growth Management Plan. 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. Pro: The site will be accessed from Immokalee Road. Acceleration and deceleration lanes will be built by the County, as Part of the intersection improvement for Immokalee Road and Everglades Boulevard. The applicant will participate in the cost of the improvement. Con: N/A. Summary Conclusion (Findings): Adequate ingress and egress will be provided to the site. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: Neighboring properties are mostly vacant. This fire house should have minimal impact on neighboring properties. Con: This use will generate some noise in the area. NOV ~ B 2001 3 p~, Summary Conclusion (Findings): The proposed tower will generate some noise; however no dust, glare or odor will be generated by this development. 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 (Findin.qs): The Parcel in question is surrounded on all sides by vacant properties. This conditional use approval will enable parcels to the west and to the south to become eligible for Transitional Conditional Use. Due to the size of the parcel, the existence of a large wetland preserve on site and the type of building proposed, this development will blend with surrounding properties. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2001-AR-990 to the BZA with a recommendation for conditional approval. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY: SUSAN MURRAY, AICP ' -/ D CURRENT PLANNING MANAGER A~A ITEM ~o.__ /1~"~. NOV 1 3 2D0~ - 4 - pt.d]._~ THOMAS E. KUCK, P.E. DATE INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOH~ M. DUNNUCK, III DATE INTE-~b, IM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-2001-AR-990 This petition has been tentatively scheduled for November 13, 01, BCC Public Hearing. COLLIER COUNTY PLANNING COMMISSION: JOYCEANNA J. RAUTIO, .CHAIRMAN -.5- RESOLUTION NO. 01- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A FIRE STATION CONDITIONAL USE IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD (CR #846) AND EVERGLADES BOULEVARD IN SECTION 30, TOWNSHIP 47 SOUTH, RANGE 28 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 atter notice as in said regulations made and provided, and has considered the advisability of a conditional use in an "E" Estates Zone for a fire station on the proper~y 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 tot 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 Robert Duane of Hole, Montes, Inc. representing the Big Corkscrew Island Fire Control District with respect to property hereinafter discribed as: Tract 129, Golden Gate Estates, Unit 47, as recorded in Plat Book 7, Page 32 of the Official Records of Collier County, Florida, be and the same is hereby approved for an essential services conditional use pursuant to Section 2.6.9.2. of the Land Development Code in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. NOV 1 3 2001 Pig BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the 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., CHARMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Mmjori~ M. Student Assistant County Attorney 80._/7 NOV I 3 200i m FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-990 The following facts are found: 1. Section 2.6.9.2. 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, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: '-'""rE:~ EXHIBIT "A" NOV FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. Section 2.6.9.2. 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, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval AGENDA ITT'~M DATE: MEMBER: __ NOV 1 3 2001 CU-2001-AR-990 EXHIBIT "B" AGENDA ITFJ~I ~._/ 7 '-~- NOV 1 3 2001 CONDITIONS OF APPROVAL CU-200'I -AR-990 This approval is conditioned upon the following stipulations: a. 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). b. The applicant will provide fair share cost of the turn lanes with the County's intersection improvement to Everglades Boulevard. EXHIBIT "C" NOV 1 3 200! CU-2001-AR-990 Big Corkscrew Island Fire Station Project # 2001060005 Date: 6/25/01 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Big Corkscrew Island Fire Control District Applicant's Mailing Address 13240 Immokalee Road City Naples State FL Zip 34120 Applicant's Telephone # 941-348-8006 Fax # 941-455-6497 Name of Agent Robert Duane Firm Hole Montes Inc. Agent's Mailing Address 950 Encore Way City Naples State FL Zip 34110 Agent's Telephone # 941 254-2000 Fax # 941-254-2099 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 AGENDA ITEM ,~ PHONE (941) 403-2400fFAX (941) 643-6968 ~qo._/__/_~_ NOV 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 ]~ 05/13/01 TUE 15:4~ F.a.J, 19412~¢2099 [-10LB MONTE3 ~uuz Conkulcte thc following fcr all Association(s) affi {iatud with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Golden Gars Area Civic Associati.o__n Mailing Address ~701 Golden OateParlcw'a¥ City_Golden Gate State FgZip. 34116 Name of Homeowner Association: Mailing Address City State .....Zip Name of Homeowner Association: Mailing Ad dress City State __ Zip. Name of Master g.ssocietion: Mailing Address City. State _ Zip __ ~m~ of c~v~c As~o~.o,,:., (2? / d..- ~_; ~-~,~_~ ~~ ~~ / blai. lingAd~s _/¢3-o ~fl~X ~ City /~/~ State ~L.Zip ~//~ 2, Disclosure of Interest Information: a. If the property is owned fee ~knple by an INDI"vTDUAL, tcnm~cy by the en.tirety, tenancy in co~rmaon, or joint teuancy, hat all parties with an owa~ahip i. nmrcst ms well ~ the percent.~ge of such interest. (Us~ ~ditianal sheets i£necessar3'). Name and Addrc ss ?ercemmge of Ownership .A!~.PI,ICATION }~OR PUBLIC ItEAII ING FOR CON DITIONA~ Us NOV 1 3 200! b. 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 c. 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 d. 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 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: ~,c~,~A ~ NOV 13 200! APPLICATION FOR PUBLIC HEARLNG FOR CONDITIONAL USE - 11/98 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Ad&ess g. Date subject property acquired ( ) leased ( ):. Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of, the final public hearing, it is the responsibility of the applicant, or agent on his behalf., to submit a supplemental disclosure of interest form. 3. 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 descr/ption 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: 30 Township: 47 Range: 28 Lot: Block: Subdivision: Golden Gate Estates Plat Book 2494 Page#: 3000 Property I.D.#: 3911552240003 Metes & Bounds Description: Tract 129 Golden Gate Estates Unit 47 (see attached survey) 4. Size of property: 260 fL X 630 ft. = Total Sq. Ft. Acres 3.76 without R.O.W. 4.7 with R.O.W. 5. Address/general location of subject property: Southwestern comer oflmmokalee Road and Everglades Blvd. Address is (see also location map.) AGENDA NOV 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 Adjacent zoning and land use: Zoning Land use N A-MHO Vacant S Estates Vacant E Estates Vacant W Estates Vacant 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: N/A Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: 7. Type of Conditional Use: This application is requesting conditional use # of the E district for (tYPE OF USE) Fire Station (pursuant to Section 2.6.9 of the LDC) Present Use of the Property: Vacant 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the reqm ~-.~/~[,~cn~,avith each. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 11/98 NOV ] 3 p~O~ 5 (~ 15 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 the applicable section or portions of the future land use element):. See Attached 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 and convenience, traffic flow and control, and access in case of fire or catastrophe: See Attached c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: See Attached d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: See Attached e. Please provide any additional information which you may feel is relevant to this request. See Attached AGENDA ilEM NOV 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 !~g. ~0 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect proper .ty: 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? 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, ,~ · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), ·proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) .... -~ ~, AGENDA ITEM NOV 13 21)01 kGE~gOF d. Whether or not an EIS is required, t~vo copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); 15. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. NOV 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 8 OF 15 TRAFFIC IMPACT STATEMENT (TIS):,, A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements NOV 1 3 200i 6. Proposed Schedule (Phasing)of Development ,g. ~..~ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 9 OF 15 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RD I where the sum of the peak-hour critical lane volume is projected Vehicles Per Hour (VPH). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE-11'98 NOV 1 3 2001 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed A project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 11 OF 15 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST :~. NAME OF APPLICANT: Big Corkscrew Island Fire Control District 2. MAILING ADDRESS: 13240 Immokalee Road CITY Naples ZIP 34110 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 30 Township: 47 Range: 28 Lot: Block: Subdivision: Golden Gate Estates Plat Book 2494 Page #: 3000 Property I.D.#: 3911552240003 Metes & Bounds Description: See attached survey 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [~] b. CITY UTILITY SYSTEM [-] ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT ~-] (GPD capacity) e. SEPTIC SYSTEM 6. 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) NOV 7. TOTAL POPULATION TO BE SERVED: 3 x 154 = 462 gpd p~. c~(..0~__ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 12 OF 15 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 924 AVERAGE DAILY 462 B. SEWER-PEAK 924 AVERAGE DAILY 962 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 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. Utility Provision Statement RJM 10/17/97 NOV 1 3 2001 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 13 OF 15 CONDITIONAL USE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF I NOT COPIES REQUIRED REQUIRED 1. Completed Application 11 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation 3. Completed O;vner/Agent Affidavits, Notarized 1 4. Pre-application notes/minutes 11 5. ConceptualSite Plans 11 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 4 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Check shall be made payable to _ Collier County Board of Commissioners 14. Other Requirements- As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. ~- ~--"¢'/ NOV 13 2001 ~/~"~ ' pp ic nt/Agent Signature Date pg..~>. //~ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 14 OF 15 0~/15/01 TUE 15:45 FAX 19412~¢2099 HOLE ~05~ES ~00~ AFFIDzt VII We/l, Chief' l~rank Kovarik being fir~t dui), sworn, depose and say that we~ am/are the owners q[ the profferO, d~cribed 3erein and u.'~ich is the matter of the flroposed h~ring' that all t/;e answers to the qu~tio~v In this application, including the disclosure of interest itJb~ation, all sketches, data, and other ~,Upl)leme~tra~ ~ztter attached to and made a part of this application, are ~nest a~:d tmte to the best of our kno~dedge and belief We~ underx.~and that the i~flortnation requested on lhis apfll~caffon must be complete and accurate and that the content of th~s form, whether computer generated or County printed shall not be altered. Public hearing~ wqt not be adv~tised until this application is deemed comptele, and all required injbrmation has b,~en submitted. 3er~ g. ~eal, P.E. and As properO) owner We/l furrhar authorize Robert L. Duane to act as attr/my repr~entat[ve a~v matters regarding this ?etition. SIGN Signature of Property Owner S~gnatare ow,,e ~ig Cor~crew [sland Fire Control Rezcue .District -. Chief Frank ~ovarik Typed or Printed Name orE'whet T)7)td or Printed Name of (~ner II.~? 'A'~} m co.ulsso:~ ~,:;c 7S9021 [{ (Print, Type, or Stamp Commissioned J{~.~); fiXPtq,~$: L~*~rr~er22 2~ II EXECUTIVE SUMMARY H ADOPTION OF A SCRIVENER'S ERROR ORDINANCE TO CORRECT ORDINANCE NO. 2001-54, AMENDMENTS TO THE CONSOLIDATED IMPACT FEE ORDINANCE OBJECTIVE: Adoption by the Board of County Commissioners o:f a Scrivener's Error Ordinance to correct scrivener's errors in Ordinance No. 2001-54, which amended Chapter 74 of the County's Code of Law and Ordinances, as amended, the same being Ordinance No. 2001-13, the "Collier County Consolidated Impact Fee Ordinance." CONSIDERATION: On October 9, 2001, the Board of County Commissioners, after public hearing, adopted Ordinance No. 2001-54 and thereby amended Chapter 74 of the County's Code of Law and Ordinances, the same being Ordinance 2001-13, entitled the "Collier County Consolidated Impact Fee Ordinance." The Ordinance presented to the Board of County Commissioners on October 9, 2001, contained all of the omitted items, including the two (2) exhibits. An earlier draft of Ordinance No, 2001-54 (before these amendments) was mailed to the Secretary of State's Office because staff failed to follow up and provide the Clerk's Office with the correct, revised, Ordinance. The following scrivener's errors are being corrected by this Ordinance: 1. In Subsection 74-108, "Definitions," the definition of "Adult Congregate Living Facility (ACLF)" was incorrect and a new definition of "Assisted Living Facility (ALF)" was omitted from the Ordinance that was filed xvith the Secretary of State. 2. Subsection 74-203(I)(1)(a) included "animals." Application of exemptions to animal matters had intentionally been deleted from the final Ordinance, but had not been deleted from the Ordinance that was filed with the Secretary of State. 3. Subsection 74-203(I)(1)(c) contained a provision related to certain "posts and organizations." Those posts and organizations were intentionally deleted from the final Ordinance No. 2001-54. 4. Subsection 74-203(1)(2) limited the maximum amount of each charitable waiver per eligible entity to $5,000, but the corrected (increased) final maximum amount xvas increased to be $7,500. 5. Revisions to Appendix A, Schedule One, the Road Impact Fee Schedule, and to Schedule Seven, the Emergency Medical Services Impact Fee Schedule, were omitted from the Ordinance that was mailed to the Secretary of State, but were included in the Ordinance that was adopted by the Board after public hearing on October 9, 2001. The Ordinance that the Board adopted on October 9, 2001 contained all the items that are being corrected by this Ordinance. In error, staff failed to provide the Clerk with the FINAL version of Ordinance No. 2001-54, and, therefore, the wrong Ordinance was filed with the Secretary of State's Office. Aarr.~-~ ~lt.o,l ' ' no. /?~, . NOV 1 3 2001 Scrivener's Error Ordinance - CIFO Page 2 FISCAL IMPACT: None. As scrivener's error ordinances make no substantive changes not previously intended by the Board, scrivener's error ordinances by definition can have no fiscal impact. The effective date and time of application of this Ordinance is to apply retroactively to the day and hour when the incorrect Ordinance No. 2001-54 was filed with the Secretary of State; therefore, there will be no time period xvhatsoever that incorrect Ordinance No. 2001-54 xvill effectively apply. Therefore, there will be no time when the incorrect Ordinance was effective. The changes to the two fee schedules merely involved clarification of terminology. There were no changes to impact fee rates. GROWTH MANAGEMENT IMPACT: None. As scrivener's error ordinances make no substantive changes not previously intended by the Board, scrivener's error ordinances by definition can have no growth management impact. RECOMMENDATION: Subject to input, if any, at the public hearing hereon, it is recommended that the Board of County Commissioners adopt the attached scrivener's error Ordinance to correct the specified scrivener's errors in Ordinance No. 2001-54, which was adopted by the Board on October 9, 2001, and have this Ordinance filed with the Secretary of State to correct these scrivener's errors. None of these corrections add or subtract any substantive provision that was not approved by the Board at the public hearing held on October 9, 2001. SUBMITTED BY: Date: · Philli~R. Tindall, ~~_~lpact Fee Coord/inator REVIEWED BY: ] ' -"['~:-)(~ ~ Date: Denny Baker, / Business Manager Joh~ M. Dunnuck, Iii, Interim Administra~-or Coffimunity Development & Environmental Services Division NOV t3 2001 p,~. cO-,, 1 ORDINANCE NO. 2001 -~ 2 3 A SCRIVENER'S ERROR ORDINANCE OF COLLIER COUNTY, FLORIDA, 4 TO CORRECT ORDINANCE NO. 2001-54, WHICH ORDINANCE AMENDED 5 CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS 6 AMENDED, THE SAME BEING COLLIER COUNTY ORDINANCE NO. 2001- 7 13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, 8 AS THEN AMENDED; PROVIDING FOR INCLUSION IN THE CODE OF 9 LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND 10 SEVERABILITY; PROVIDING AN EFFECTIVE DATE 11 12 WHEREAS, on October 9, 2001, the Board of County Commissioners of Collier 13 County adopted Ordinance No. 2001-54, amending the County's "Consolidated Impact Fee 14 Ordinance," which is Chapter 74 of the County's Code of Laws and Ordinances; and 15 WHEREAS, in error, Ordinance No. 2001-54, at Code Subsection 74-108, 16 "Definitions," the definition of"Adult Congregate Living Facility (ACLF)" was incorrect and 17 a new intended definition of "Assisted Living Facility (ALF)" was omitted; and 18 WHEREAS, in error, Ordinance No. 2001-54, at Code Subsection 74-203(I)(1 )(a), 19 included "animals"; and 20 WHEREAS, In error, Ordinance No. 2001-54, at Code Subsection 74-203(I)(1)(c), 21 contained a provision related to specified posts and organizations; and 22 WHEREAS, in error, Ordinance No. 2001-54, at Code Section 74-203(I)(2) limited 23 the maximum amount of each charitable waiver per eligible entity to $5,000, when the 24 correct maximum amount was intended to be $7.500; and 25 WHEREAS, in error, Appendix A, the revised Schedule One to the Road Impact Fee 26 Rate Schedule, was inadvertently omitted from Ordinance No, 2001-54; and 27 WHEREAS, in error, Appendix A, the revised Schedule Seven to the Emergency 28 Medical Services Impact Fee Rate Schedule, was inadvertently omitted from Ordinance 29 No, 2001-54; and 30 WHEREAS, this Ordinance is adopted to correct these scrivener's errors. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 33 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 34 35 SECTION ONE. Section 74-108 of the Collier Code of Laws and Ordinances, 36 Definitions, as contained in Section TWO of Collier County Ordinance, No, 2001-54, is 37 hereby corrected to read as follows: 38 39 "Adult Congregate Living Facility (ACLF)/ ......... L!v!~g F3c!!it~,' (.~.LF)" shall mean 40 residential facilities that consist of one or more ~ .... ,im~,~ ~ .... ~+~ .... I~ h, ,~,~,~,~o~ m, ,~ .... 41 buildings designed or used for elderly living. They may also contain dining rooms, medical 42 facilities, and recreational facilities. The primary characteristics that distinguish A ~LF's AGE.~'-A iTEM 43 from Nursing Homes or Assisted Livinq Facilities (ALF's) are the ability of the reside ~ts toNO._._/-- NOV 1 Underlined text is added ............ u text is deleted 1 care for themselves. ~r-~ c.o .... ;"~'"~ pr!vote ......... 2 places ,~..,,..._. ...... .... , ,- ..... ....... ;,~,~ ~,,,.~. _~ period ..... ~ ........ ~;-~= ~en~/-fcur ..~_.~ ~ ...... _.* _~ ,;~.....~, ~.~ ~..~-~ 6 7 The Dentition "Assisted Livi~q Facility (ALF)" is hereby added to ~ead as follows: 8 Assisted Livinq Facility (ALF) shall mean residential facilities that provide housinq, personal 9 care se~ices, and suppo~ive se~ices to older indMduals and disabled individuals who a~e 10 unable to lime independently. To be eligible to live in an ALF, the individual must meet 11 residency criteria, which are de~ned by then existin~ Florida Statutes(s) or regulations(s), 12 or both. Before a facility can be classified as an ALF for purposes of calculating the impact 13 fees applicable thereto, the County Administrator must be provided with proof that the 14 facility has then acquired (or unconditionally shall be able to acquire) all licenses then 15 required ~y statute(s), regulation(s), o~ both, to operate t~e respective ALF f~cility. 16 17 S~OT[O~ ~O. SuDsection 'T' in Code Sectio~ 74-20~, that authorizes w~ivers of 18 impaot fees for eligible ~ot-for-profit, charitable, entities, is here~y amended to corrett 19 scdvener's errors as follows: 20 I. Impact Fee Waivers Available to Charitable Organizations and Charitable 21 TFusts. These Impaot Fees waivers are available only to eligible to not-for-pro,t, oharitable 22 e~tities as specified herein. The cumulative total of ail not-for-profit waivers in each of the 23 County's fiscal years shall not exceed one hundred thousand dollars ($100,000). If the 24 total amount of impaot fees waived pursuant to these provisions in a ~sca] yea~ is less than 25 $100,000 (or is less than the higher total in the funding account for that fiscal year because 26 of prior cash car~ing -fo~ard) some or all of the sum of money not waived can be carried 27 fo~ard and thereby be added to the $100,000 funding for the next fiscal year. Neither 28 [mpaot Fees collected by the County [or educational facilities nor fire impact fees shall be 29 waived under these provisions. ~0 1. Entities Etigible for Wai~ers. These waivers are aMailab[e only to charitable, ~1 ~ot-for-p~o~t entities that p~ovide se~ices of substantial be~e~t to Iow income or ve~ low ~2 i~come residents of Col[ie~ County at ~o c~arge o~ at ~easo~able, reduced rates, ~nd no ~ pa~ of the net e~mings of t~e entity shall i~ure to the De~e~t of a~y private shareholde~ or ~4 individual, and the e~tity complies with ~t least one (1) of the following: ~5 a. T~e entity is described i~ subsection 501(C)(~) of Chapter 26 of the ~6 U~ited States I~tem~l Revenue Code as a corporation, a community ohest, a fund, or a ~7 foundation, organized and operated exclusively forchadtable purposes, orfor prevention of 38 c~e[ty to ~m~s 3nd children, and is then exempt from taxes under Seotio~ 501(a) 2 Underlined te~ is added; ~.uc ..... rcug,, text is deleted. ~ / ~ ~ NOV 1 3 2001 1 therein; or 2 b. The entity Is described in subsections 501 (C)(4)(A) and (B) of Chapter 26 3 of the United States Internal Revenue Code as either a Civic League or an organization not 4 organized for profit, is operated exclusively for the promotion of social welfare, and is 5 exempt from taxes under Section 501(a), therein; or 6 c. Tho ""*%' 7 St~tec !ntorn3! Ro;'o~'Je Cede 3s 3 Post er org3niz~tion of p~st or prosent members efth~ 9 found~t~o~ for, 3,%' such Post or crG~n~3tJc~ ~nd ~s ~z~mFt fr~m t3z~s u~d~r S~ct~on 10 11 G.~ The entity is described in subsection 501(C)(20) of Chapter 26 of the 12 United States Internal Revenue Code as an organization or trust, the exclusive function of 13 which is to form paA of a qualified group legal se~ices plan or plans within the meaning of 14 Section 120 as referenced therein; or 15 ~.m The entity is a hospital, a cooperative hospital se~ice organization, a 16 medical research organization, or similar organization under any provision within (or 17 referenced) in Section 501 of Chapter 26 of the United States Internal Revenue Code and 18 the entity is exempt from federal income taxation; or 19 e.~ The entity is then exempt from Florida's annual and nonrecurring 20 intangible taxes pursuant to Subsection 199.185(4), Florida Statutes, as a "Charitable 21 Trust" and at least ninety-five percent (95%) of its income is paid to one (1) or more of the 22 above-listed federal tax exempt entities. 23 2. Amount of Waivers Available to Applicants. Subject to not exceeding the 24 amount of impact fees paid (or to be paid) by the applicant to the County, the applicant 25 may request waivers of all impact fees that are waivable under these provisions, but no 26 applicant shall be granted more than $5,000 $7,500 of not-for-profit waivers. 27 3. No construction that has obtained an affordable housing waiver under this 28 Adicle shall be eligible for any waiver under these provisions. No construction that has 29 been granted a waiver under these provisions shall be eligible for any County affordable 30 housing waivers. 31 4. Applications for Waivers Pursuant to this Section 74-203. 32 a. The applicant must file a wri~en waiver request application to the County 33 Manager not later than concurrently with payment of the respective Impact Fees. The 34 County shall not accept any such applications after the respective impact fees have been 35 paid to the County. The applicant can avoid payment of Impact Fees (up to the maximum 36 amount of impact fees that may possibly be waived for that applicant) only when it is 37 possible that the Board may grant the requested waiver before the respective Impact Fees 38 become due and payable to the County. The application must prove all of the appli ~able AG~A ITEM 3 NOV I 3 200t I above-specified elements that render the entity eligible for the requested waivers, including 2 the required tax exemption(s). The County Manager may request additional information 3 deemed appropriate to ascertain the applicant's eligibility for the requested waivers, 4 including criteria noted in Section 196.195 and/or 196.196, Florida Statutes. 5 b. No priority shall be given to any application based on any "first come, first 6 served" basis. The County Manager shall review each application to determine eligibility 7 for the requested waivers. Within thirty (30) days after receipt of the application, the 8 County Manager should inform the applicant in writing whether the application is complete. 9 If the application is incomplete, the application may be returned to the applicant, specifying 10 in writing why the application fails to prove that the entity is eligible for the requested 11 waivers. After receipt of such notice, the applicant shall have an additional thirty (30) days 12 to re-submit an amended application. Failure to meet this deadline shall void the 13 applicant's eligibility for the requested waivers unless an extension is granted for good 14 cause at the County Manager's discretion. 15 c. After an application is determined by the County Manager to meet the 16 above-specified minimum filing requirements, the County Manager shall promptly place the 17 application request on the County's Manager portion of the Board's agenda. The fiscal 18 year in which the waiver application is granted or denied by the Board shall be the fiscal 19 year that applies to the application. The Executive Summary shall specify the criteria 20 deemed by the County Manager to render the applicant eligible (or ineligible) for the 21 requested waivers, and shall include the County Manager's recommendations whether the 22 Board should grant the request in whole or in part, or should deny the request, along with a 23 proposed Resolution that may be adopted by the Board that contains specific findings that 24 the applicant is (or is not) eligible for the requested waivers. No Resolution shall apply to 25 more than one (1) applicant. Waivers granted shall be final and vested immediately upon 26 adoption of the Resolution. 27 5. Not-for-profit waivers are discretionary and the Board's decisions are final. 28 6. The County Manager may adopt additional generally applicable procedural 29 rules with regard to application requests provided those rules apply to all similarly situated 30 applicants and do not impose additional mandatory eligibility requirements upon any 31 applicant. 32 33 SECTION THREE: Appendix A (Revised Schedule One to the Road Impact Fee Rate 34 Schedule) is appended to this Ordinance and is a part hereof. Also, Appendix A (Revised 35 Schedule Seven to the Emergency Medical Services Impact Fee Rate Schedule) is 36 appended to this Ordinance and is a part hereof. 37 38 AGENDA ITEM 39 N~. /? 4 Underlined text is added; Stuc.k-Lhroug.h text is deleted. NOV 1 3 2001 I SECTION FOUR: CONFLICT AND SEVERABILITY. 2 In the event this Ordinance conflicts with any other Ordinance of Collier County or 3 other applicable law, this Ordinance, being a Scrivener's Error Ordinance, shall supersede 4 and control. If any phrase or portion of this Ordinance is held invalid or unconstitutional or 5 by any court of competent jurisdiction, such portion shall be deemed a separate, distinct 6 and independent provision and such holding shall not affect the validity of the remaining 7 portions. 8 9 SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. 10 The provisions of this Ordinance shall be made a part of the Code of Laws and 11 Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered 12 or relettered to accomplish such, and the word "ordinance" may be changed to "section", 13 "article", or any other appropriate word. 14 15 SECTION SIX: EFFECTIVE DATE. 16 This Ordinance shall be effective upon filing with the Florida Department of State, 17 and shall be retroactive to October 12, 2001, the day and hour that Ordinance No. 2001-54 18 was filed in the Offices of Florida's Secretary of State. 19 20 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 21 County, Florida this __ day of ,2001. 22 23 ATTEST: BOARD OF COUNTY COMMISSIONERS 24 DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA 25 26 By: 27 Deputy Clerk By: 28 James D. Carter, Ph.D., Chairman 29 3O 31 Approved as to form and 32 legal sufficiency: :33 -----. Ia~i~[AA~~ 34 By:~,(~v~_ 35 Thomas C. mer 36 Assistant County Attorney 37 38 39 4O A~_NDA ITEM 5 Underlined text is added; Stuck t.hrcug,h text is deleted. NOV 1 3 2001 APPENDIX A SCHEDULE ONE ROAD IMPACT FEE RATE SCHEDULE Residential Single Family Detached House Less than 1,500 Sq. Ft. $1,825.00/Dwelling Unit 1,500 to 2,499 Sq. Ft.$ $2,433.00 Dwelling Unit 2,50(5 Sq. Ft. or larger $2,871.00 Dwelling Unit Multi-Family (1-2 Stories) $1,800.00 Dwelling Unit Multi-Family (3-9 Stories) $1,811.00 Dwelling Unit Multi-Family(Above 10 Stories $1,147.00 Dwelling Unit Assisted Living Facility (ALF) $263.00 Dwelling Unit Condominium/Townhouse $1,512.00 Dwelling Unit Mobile Home $1,053.00 Dwelling Unit Retirement Home/Adult Con~egate Living Faciltiy (ACLF) $1,012.00 Dwelling Unit High-Rise Condominium $1,079.00 Dwelling Unit Lodging Hotel $1,762.00 Per Room Motel $892.00 Per Room Resort Hotel $1,550.00 Per Room RV Park $1,065.00 Dwelling Unit Recreation Golf Course $156,334.00 18 Holes Movie Theaters $10,571.00 Per Screen Marina $862.00 Boat Berth Institutional Hospital $3,763.00 1000 Sq. Ft. Nursing Home $340.00 Per Bed Church $2,190.00 1000 Sq. Ft. Elementary School $213.00 Per Student Middle School $322.00 Per Student High School $421.00 Per Student Jr./Community College $382.00 Per Student University $590.00 Per St~ :dent ,~t~'"-~ ~w_~ ..... Day Care $225.00 Per Stn denlqo, / 7 1_5-. A-1 NOV 1 3 2001 APPENDIX A SCHEDULE SEVEN EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE Impact Fee Land Use Category. Impact Fee Rate Residential: Single Family Less than 1,500 Sq. Ft. $93.00 per Dwelling Unit 1,500 to 2,499 Sq. Ft. $104.00 per Dwelling Unit 2,500 Sq. Ft or larger $130.00 per Dwelling Unit Multi-Family Less than 1,500 Sq. Ft. $93.00. per Dwelling Unit 1,500 to 2,499 Sq. Ft. $104.00 per Dwelling Unit 2,500 Sq. Ft. or larger $130.00 per Dwelling Unit Mobile Home Less than 1,500 Sq. Ft. $93.00 per Dwelling Unit 1,500 to 2,499 Sq. Ft. $104.00 per Dwelling Unit 2,500 Sq. Ft. or larger $130.00 per Dwelling Unit Non-Residential: Transient, Assisted, Group: Hotel, Motel $38.00 per Room Nursing Home, ACLF $77.00 per Bed Recreational: Marina $11.00 per Berth Golf Course $8,120.00 per 18 Holes Movie Theater $741.00 per Screen Institutions: Hospital $126.00 per 1,000 Sq. Ft. Elementary School $16.00 per Student Middle School $23.00 per Student High School $28.00 per Student Junior:/Community College $11.00 per Student University/College $21.00 per Student Church $34.00 per 1,000 Sq. Ft. Day Care Center $19.00 per Student Office and Financial: Office 50,000 Sq. Ft. or less $83.00 per 1,000 Sq. Ft. Office 50,001 - 100,000 Sq. Ft. $71.00 per 1,000 Sq. Ft. NOV I 3 2001 EXECUTIVE SUMMARY AMEND THE STATE HOUSING INITIATIVES PARTNERSHIP (S.H.I.P.) DOWN PAYMENT/ CLOSING COST ASSISTANCE PROGRAM FOR FIRST-TIME HOMEBUYERS OBJECTIVE: To increase S.H.I.P. down payment and closing cost assistance loan amount available to very-low income first-time homebuyers from $2,500 to $5,000. CONSIDERATIONS: On November 8, 1994 the Collier County Board of County Commissioners approved Ordinance No. 94-59, the S.H.I.P. Down Payment/ Closing Cost Assistance Program for First-time Homebuyers. This amendment to the program will raise the down payment and closing cost assistance loan amount available to very-low income first-time homebuyers from $2,500 per home to $5,000. This change to the program was suggested by the Board of County Commissioners at the May 2001 Affordable Housing Workshop and approved during the execution of the County's three-year Housing Assistance plan. This ordinance amendment is the final step needed to complete the change. FISCAL IMPACT: Sufficient funds are available in the Affordable Housing Trust Fund (191) to accommodate this increase. GROWTH MANAGEMENT IMPACT: The amended Down Payment/Closing Cost Assistance Program for First-time Homebuyers will allow Collier County to enhance the development of affordable housing for very-low income residents. RECOMMENDATION: That the Board of County Commissioners adopt the proposed ordinance for the amended Collier County S.H.I.P. Down Payment/ Closing Cost Assistance Program for First-time Homebuyers. SUBMITTED BY: (---~' '/',~~4~_---- Date: /~/~/'"',/~ Cormac J. Giblin, Manager Department of Housing and Urban Improvement REVIEWED BY: ~ (~~c-,'~ Date://- 6'Qg:>! Greg M~'t'halic, Dir~ 'tot ~ Dre4~ r4-,~ent °f H°U~ng and Urban Impr°vemeit APPROVED BY: X,~l~ '~0~, ~.~"'~;" IJohn M. 15unnuck 1II, Interim Admini.!'trato I"~' X,IDivision of Community Development and Environmental erv~/i $ ~O0] ORDINANCE NO. 2001 -~ 3 AN ORDINANCE OF COLLIER COUNTY, FLORIDA 4 AMENDING THE COLLIER COUNTY CODE OF 5 LAWS AND ORDINANCES, AS AMENDED AND 6 CODIFIED BY COLLIER COUNTY ORDINANCE ? NO. 2000-69, AMENDING VARIOUS SECTIONS OF s ARTICLE V. OF CHAPTER 114, PERTAINING TO 9 COLLIER COUNTY'S S.H.I.P. DOWN PAYMENT & ]0 CLOSING ASSISTANCE PROGRAM; AMENDING it THE POLICY GUIDELINES AND ADMINISTRATIVE ]2 PROCEDURES TO INCREASE THE PROGRAM ]3 LOAN AMOUNT TO $7500; PROVIDING FOR ]4 INCLUSION INTO THE CODE OF LAWS AND ]5 ORDINANCES; PROVIDING FOR CONFLICT AND t6 SEVERABILITY; PROVIDING AN EFFECTIVE ]? DATE. 19 WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development and maintenance of affordable housing; and ?-9 30 WHEREAS, Collier County (the "County") has adopted Ordinance No. 93-19, as 31 amended, providing for a Local Housing Assistance Plan; and 32 33 WHEREAS, the County, by County Ordinance No. 94-59 adopted a Down 34 Payment/Closing Cost Assistance Program consistent with the Local Housing 35 Plan; and 37 WHEREAS, the County, by County Ordinance No. 2000-69 amended the Down 3s Payment/Closing Cost Assistance Program; and 39 40 WHEREAS, the provisions of the above-referenced ordinances have been 41 codified as part of Article V of Chapter 114 of the Collier County Code of Laws 42 and Ordinances; and 43 44 WHEREAS, the County desires to amend the codified Down Payment/Closing 45 Cost Assistance Program provisions to better function in the home lending ,. 46 environment; AGENDA ITEM Page 1 of 10 NOV 2001 Underlined text is added; S~c!: '_~.-c::g5 text is deleted. 1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 3 4 SECTION ONE. Section 114-91 of Article V of Chapter 114 of the Collier County 5 Code of Laws & Ordinances, as amended, is hereby amended to read as follows: 6 ? "Sec. 114-91. Introduction. 9 In April of 1993, the Local Housing Assistance Program, ]o (Collier County Ordinance No. 93-19, as amended by Ordinance ti No. 93-33) was adopted by the Collier county Board of t2 Commissioners. This plan was designed for the purpose of t3 establishing local administration of the State Housing Initiatives 14 Partnership Program. (S. H. I. P.) 15 16 The primary goal of this legislation is to in-crease the l? availability of affordable housing to very Iow and Iow-income is persons and families in Collier County. t9 20 Very Iow and Iow income persons are defined is Collier 21 County Ordinance No. 93-19, and further amended by Collier 22 County Ordinance No. 93-31 as follows: 24 (1) Low-income person means one or more natural persons or a ~-5 family, not including; students, that has a total adjusted z6 gross household income that does not exceed 80 percent of z? the median annual adjusted gross income for households 28 within the state or 80 percent of the median adjusted gross 29 income for households within the metropolitan statistical 30 area or, if not within a metropolitan statistical area, within the 31 county, whichever is greater... (p.4) 32 33 (2) Very-low income person means one or more natural persons 34 or a family, not including students, that has a total adjusted 35 gross household income that does not exceed 50 percent of 36 the median adjusted gross annual income for households 37 within the state or 50 percent of the median annual adjusted 38 gross income for households within the metropolitan 39 statistical area or, if not within a metropolitan statistical area, 40 within the county, whichever is greater ..... (p.6). 41 42 Income data for the Naples Metropolitan Statistical Area is 43 supplied by the United States Department of Housing and Urban 44 Development (IFIUD), applicable to all of Collier County, and 45 updated annually. The definition for "annual in-come" is found in 46 24 CFR, Section 813.106. 47 48 Section IV of the Local Housing Assistance Program states 49 that several different strategies will be employed for the $0 administration and disbursement of S.H.I.P. funds. Strategy 13, 51 found on page 11 stipulates that a portion of the funds be 52 distributed through a down payment/closing cost assistance 53 program for very Iow and Iow income first time homebuyers. This 54 strategy is more particularly described in Section VII C., paragraph 55 a. The Collier County S.H.I.P. Down Payment/Closing Cost 56 Assistance Program has been designed using this stratec, ! as aAGE~~ 5? framework, and conforms to all rules and guidelines govern ng the~, Page2oflO ' ' Underlined text is added; S~,:ck ~mugF. text is deleted. NOV 13 2001 t distribution of these funds. 3 Assistance provided in conjunction with this program will be 4 awarded to qualified applicants in the form of a zero percent 5 interest, deferred payment loans of up to,,~,~v~.wec nr~n nn $7,500.00 for 6 the purpose of down payment/closing cost expenses and reha- 7 bilitation or emergency repairs to the subject dwelling unit. The s note, with a total of up to ........ $7,500.00 will be secured by a 9 second mortgage payable to the Affordable Housing Trust Fund, ]0 Fund 191, payable upon the sale of the dwelling unit, refinance, or tt loss of homestead tax exempt status." 12 13 14 SECTION TWO. Section 114-93 of Article V of Chapter 114 of the Collier County ].5 Code of Laws & Ordinances, as amended, is hereby amended to read as follows: 16 17 "Sec. 114-93. Eligibility criteria; down payment/closing is cost assistance. z0 (a) Applicants will be recommended for this program 21 through participating members of the Collier County Banking z2 Partnership, and other non-profit organizations committed to 23 meeting the credit and housing needs of the entire community. 2.4 Additionally, S.H.I.P. guidelines stipulate that the program and 2.5 availability of funds be advertised in both newspapers of general ~-6 circulation and periodicals serving ethnic and diverse backgrounds. 2.7 be rcqu!rod b~fcrc =,qy processing cf r~quircd dcc,--'m~ntmticn c3,q 30 occur. !n so dcing, the A__~applicants will be pre-screened bv part cipatin.q lenders in regards to total annual household income, credit history, and capacity to repay. Applicants will be asked to sign appropriate releases enabling the financial institution to 34 provide such mortgage related information to the Collier County Department of Housing and Urban Improvement. E-videm3e-ef h~zcrd a~d flood i~s'Jr3~c~ ';;h~rc 3pp!i".2.~b!c will ?-Isc bc required, 39 40 (c) Applicant eligibility. Applicants will be required to 4] disclose the number of occupants expected to reside in the 4z subsequent dwelling unit, as well as their anticipated gross annual 43 incomes. Eligibility will be based on the following set limits for gross 44 annual income based on median figures established in January of 45 2000, provided by the U.S. Department of Housing and Urban 46 Development (HUD): 4? 48 I 3erson .................................. $33,100.00 49 2 ~ersons .................................. 37,800.00 50 3 ~ersons .................................. 42,550.00 51 4 3ersons .................................. 47,300.00 52 5 3ersons .................................. 51,050.00 ~3 6 ~ersons .................................. 54,850.00 54 7 )ersons .................................. 58,650.00 55 8 )ersons .................................. 62,400.00 57 The above limits are reflective of the maximum income allowed; ~s adjusted for family size, under the designation of Iow income ~9 household. These limits are subject to change on an annual basis. 60 AGENDA Page 3 of 10 Underlined text is added; S.'--,:ck ¢,rcugb text is deleted. NOV 1 3 200! t (d) Dwelling unit restrictions. This program is designed to 2 assist in the purchase of single-family houses, duplexes, or 3 condominium units only. The maximum sales price allowable will be 4 $11E,2E4.O0 $130,000.00 for existing homes and $!0E,3~5.00 ¢ $130,00.00 for new construction, or as amended by the state of 6 Florida S.H.I.P. regulations. Beneficiaries must claim the subject ? dwelling unit as their homestead. 9 (e) First time homebuyer status. In order to qualify for the ]0 program, applicant(s) must not have owned a home for a minimum ]] of the most recent three consecutive years. Verification of first time ]2 homebuyer status will be documented in the participant(s) t3 permanent file." SECTION THREE. Section 114-95 of Article V of Chapter 114 of the Collier County Code of Laws & Ordinances, as amended, is hereby amended to read as ]? follows: 19 "Sec. 114-95. Required documentation for down 20 payment/closing cost assistance. 2.2. (a) The following documentation will be required of all 23 beneficiaries of this program. Documentation required for 24 rehabilitation emergency repair assistance will be detailed in the 25 following section. Packets will be available through the county 26 department of housing and urban improvement and at local 27 lending institutions. 29 (1) Sales contract. A copy of the fully executed sales 30 contract and loan application (Fannie Mae) will be 3] required from the applicant(s). The sales contract will 32 verify the listed seller, sales price, and proposed closing 33 date. The sigRed application will establish borrower 34 information that will be further verified by other 35 supporting loan documentation. A copy of the sales 36 contract and application will be maintained in the 37 borrowers permanent file. 39 (2) Reservation form. Requests for reservation of funds will 4o be made by the first mortgage lender through the use of 4] this document. Information contained in the form relates 42. to the borrower(s), financial institution and subject 43 dwelling unit. It will be the responsibility of the first mort- 44 gage lender to provide a completed copy of this form to 45 the county department of housing and urban 46 improvement in order to initiate the qualification 47 process. A copy of the reservation form will be 4s maintained in the borrower's permanent file. 49 50 5] (3) Certification of financial institution. The officer of the 52 financial institution underwriting the first mortgage loan 53 will be required to execute this combined form before a 54 notary public. The following in-formation will be verified 55 through the use of this form: 56 .~? a. Current annual family income. 58 59 b. That all information regarding the appl :ant i~,GENDAIT/EH Page 4 of 10 [~k'~. (~-~ Underlined text is added; S'..".'ck t.hrcug.h text is deleted. NOV I 3 2001 true and correct. --~ 3 c. That processing fees and closing costs paid by 4 the mortgagor are reasonable and customary. 5 6 d. That all loan funds will be applied to the required ? down payment/closing cost or rehabilitation s repair, and that the borrower not receive any loan 9 funds in cash. l0 t] A copy of the combined certification of 17- participant/certification of financial institution will be 13 maintained in the borrower's permanent file. 14 15 (4) Mortgagor's certification and past residence. 16 Applicant(s) must not have owned any home for a 17 minimum of three consecutive years in order to t8 qualify as first time homebuyers. This document wi-ii 19 can be used as verification of residence for the past ?-0 three years, as well as providing information ?-1 regarding current amount of rent, and current ?-?- landlord. A copy of the mortgagor's certification and ?.3 past residence will be maintained in the borrower's 24 permanent file. 26 (5) S.H.I.P. income certification. This form is required z? documentation for any program utilizing the S.H.I.P. ?-s monies as a funding source. Information contained ?-9 herein relates to anticipated household income, . 30 assets, and household data. A copy of the S.H.I.P. ~_ 3] income certification form will be maintained in the 32 borrower's permanent file. 33 34 (6) Affidavit of no income change, o.~..., , ,~, ~...v ~,~,~""~"~,,, ,~ 35 prcmisscw ""*" ~'~ ~' ............ * ...... *" If the 36 applicant's c osin,q date is more than sixty (60) days 37 after the date of S.H.I.P. approval then the borrower 38 must execute this form in order to verify that there 3~ has been no increase in household income since 4o originally qualifying for buyer assistance through this 41 program. 42 43 (7) Promissory note. The promissory note will detail the 44 loan agreement established between the borrower 45 and the Affordable Housing Trust Fund, relating to 46 the funds for down paymentJclosing cost assistance 47 and rehabilitation/emergency repair. The note will , 48 include details of the loan including, but not limited 49 to: 50 5t a Borrower's promise to pay; 52 ¢3 b, Interest and payments; 54 55 c. Borrower's right to repay; 57 d. Charges; ~ e. Subordination; 6~ f. Borrower's failure to pay as requested; Page 5 of 10 Underlined text is added; S~dc!: '~-cugF. text is deleted. NOV } 3 200t 1 2 g. Obligation of persons under this note; 4 h. Waivers; 5 6 i. Uniform secured note; ? 9 ~ The original promissory note is to be maintained l0 on file in the county's department of housing and urban ll improvement, and a copy will be maintained on file in the county's 12 finance department. 14 (8) Second mortgage. The second mortgage will be 15 used as the security instrument for the promissory 16 note, and will be recorded by the Collier County l? Clerk of the Circuit Court. The original recorded is second mortgage will be held in the borrower's 1¢ permanent file, in the Collier County Department of 20 Housing and Urban Improvement. Payment of fees .~l associated with the recording of this document wilt 22 be the responsibility of the borrower. 24 (9) Third party verification. Third party verification of 25 income will be necessary whenever the applicant 26 states that any part of the household income is 27 derived from public assistance, a government 28 agency, ; ........... *; ...... *- or for formal 29 verification of employment. The following sources of 3o income will require formal third party verification by 3] the financial institution underwriting the first 32 mortgage loan: 33 34 Including but not limited to, military payment, social security 35 benefits, public assistance, pension and annuities, unem- 36 ployment benefits, Veterans Administration benefits, 37 educational assistance, income from business, recurring 3s cash contributions, child support, and assets on deposit. 4o (b) This income verification information maybe 41 represented on either Collier County S.H.I.P. forms or other 42 documentation supplied by the lender used for underwriting 43 purposes. While formal, written third party verification is always 44 preferable, a memorandum to the file documenting the 45 conversation with the third party will be acceptable. In such a case 46 it is extremely important to specify the date, contact person, 4? phone number, and address of the third party the conversation is 48 conducted with." 49 50 51 SECTION FOUR. Section 114-97 of Article V of Chapter 114 of the Collier 52 County Code of Laws & Ordinances, as amended, is hereby amended to read as 53 follows: 54 55 56 "Sec. 114-97. Monitoring of rehabilitation emergency repair work 57 including goods purchases. 58 59 (a) Information regarding the nature of the 60 rehabilitation/emergency repair work to be performed or, oods to . -- 6] be purchased will be compiled by the homebuyer. Abat~ ment ~a:)-A ITE~,, Underlined text is added; Su'-*~ck ~hrcug.h text is deleted. NOV 1 3 2001 Pi[-_ q I correction of health and safety housing code violations are to be 2 given priority over any rehabilitation work, addition of living space, 3 or goods purchase. 4 5 (b) For goods identified to be purchased, the borrower 6 must submit a price quote to the county housing and urban · 7 improvement department for approval prior to purchase. 9 the ccunty '":*~' *~'" ccrrespcnding; .... ;,.~ .~.,.,,4 by thc ~' tt home~. This estimate is to be approved by the borrower and a m representative from the HUI Department prior to purchase or 1:3 delivery. Thereafter, the housing and urban improvement 14 department may inspect the borrower's home for the approved 15 goods to provide reasonable assurance that the approved goods 16 were delivered and are in good working order. No funds will be 17 disbursed prior to verification by the department housing and ur- is ban improvement and inclusion of an itemized delivery slip or 19 invoice from the approved goods supplier. 20 21 (c) Rehabilitation/emergency repair work. 23 (1) For rehabilitation/emergency repair work not 24 requiring a building permit, the borrower has the 25 option to either perform the rehabilitation work as an 26 owner/builder, or to contract with a tradesman 27 holding a certificate of a competency in the specific 2s trade corresponding to the type(s) of rehabilitation 29 work be to performed. ,,:30 31 (2) For work requiting a building permit the borrower will ~ 32 be responsible for the selection of a licensed 33 contractor who must perform the 34 rehabilitation/emergency repair work, 35 :36 The contractor or tradesman who is selected must supply a 37 detailed written estimate to the borrower ~'"~'~ 39 to ~'"- ........,4 by thc ~' ........... ,4 2 represent:ti'm, "¢ 40 county's dcpc,-tmcnt of hcuslng =nd 'urban imprcvemcnt 42 4:3 (3) Borrowers performing their own rehabilitation repair 44 work must also submit a detailed cost estimate of 45 materials to be purchased which must be approved 46 by the county's department of housing and urban 4? improvement prior to commencement of 48 rehabilitation work. 50 (4) A copy of the approved estimate will be maintained 51 in the borrower's permanent file. Monitoring of the 52 work to be performed by a tradesman or contractor 5:3 will be the responsibility of the borrower. Contractual 54 agreements made will be between the borrower and 55 tradesman contractor. The county's department of 56 housing and urban improvement will be provided 57 with a copy of the signed contract and approved 5s estimate for rehabilitation/emergency repair work, 59 which will be maintained in the borrower's ~' ,. 6160 permanent file. AGE~-A Page 7 of 10 Underlined text is added; Ss"ac!: LU"'cug'h text is deleted' NOV I 3 2001 1 (5) Upon completion, any work requiring a building 2 permit to be performed will be inspected by the 3 county permitting and review department. All work 4 performed not requiring a building permit and not 5 requiring an inspection by the county permitting and 6 review department may be inspected by the housing ? and urban improvement department to provide s reasonable assurance that such work has been 9 satisfactorily completed. ]0 ti (6) No funds will be disbursed prior to verification of t2 satisfactory completion of rehabilitation/emergency t3 repair work by the county's building and review or ]4 housing and urban improvement department and t5 inclusion of aR ~ final invoice from a material 16 or goods supplier and/or contractor or tradesman 17 submitted to the county housing and urban is improvement department." 20 2! 22 SECTION FIVE. Section 114-98 of Article V of Chapter 114 of the Collier County 23 Code of Laws & Ordinances, as amended, is hereby amended to read as follows: 24 25 "Sec. 114-98. Required documentation for 26 rehabilitation/emergency repair including goods 27 purchases. 29 (a) The following documentation will be required of 30 all participants eligible, for rehabilitation/emergency repair 3] loans: 32 33 (1) Contractor/tradesman's, or materials, or goods 34 purchase estimate. All work that is to be 35 performed must be listed on this form. detei~qg 36 c-~ ,,~ ~ .... '~ '"'~+~';~ ~ cpplicablo. A 37 copy of the approved estimate will be 38 maintained in the borrower's permanent file. 3~ This form must be delivered to a representative 40 of the county's department of housing and ur- 4] ban improvement prior to the commencement 42 of any rehabilitation/emergency repair work. 43 Rehabilitation/emergency repair loans under 4.4 this program will be made up to a maximum of 45 $2,500.00. 47 (2) Physical inspection. A copy of all required 4s physical inspections conducted by the county 49 permitting and review, or housing and urban ~0 improvement department will be maintained in ~] the borrower's permanent file. A copy of these 52 inspections will be provided to the county 53 finance department. 54 55 (3) Second mortgage. As described in the section 56 detailing documentation required for down 5? payment/closing cost assistance, the second 5s mortgage will be used to secure 5~ the promissory notes. The second mo~ _.=~_. 60 will be recorded by the Collier County ,lerk o{~,A IT~ Page 8 of 10 Ho.__ ~"-") I--'~ ,,- Underlined text is added; S*..'"ac!c '..hrcag~ text is deleted. ;~0V 1 3 2001 ] the Circuit Court. The original recorded second 2 mortgage or evidence the second mort,qage ~ 3 was recorded will be maintained in the 4 borrower's permanent file in the county's 5 department of housing and urban 6 improvement. Fees associated with the ? recording of this document are to be paid by s the borrower." i0 SECTION SlX. Section 114-99 of Article V of Chapter 1 14 of the Collier County Code of Laws & Ordinances, as amended, is hereby amended to read as follows: t3 "Sec. 114-99. Procedure of loan closings and the ]4 disbursement of funds. ]6 (a) The lender underwriting the first mortgage will ]? make a formal request for the reservation of S.IH.I.P. funds Is by contacting the Collier County Department of Housing and t¢ Urban Improvement. Reservation requests should be made 20 a minimum of thirty days prior to the contract closing date, 21 and substantiated through the use of the Reservation Form 22 detailed in the section describing required documentation. At :z3 this point, funds will be reserved, and the applicant will be 24 assigned a file number. It will be asked that all completed z5 Program documentation be provided for the purposes of 26 verifying the applicant's eligibility, and to initiate the , 27 disbursement process. 29 (b) The Collier County Purchasing Department will be 30 notified of the request for funds through a requisition, and a 31 separate Purchase Order will be issued for each borrower. 32 Loan funds for Down Payment/Closing Cost Assistance will 33 be issued in the form of two payee checks, payable to the 34 borrower/closing agent. Receipt of these funds will be 35 verified by the closing agent, and further evidenced on the 36 formal Settlement Statement, a copy of which will be 3? maintained in the borrower's permanent file. Copies of all 38 down payment assistance checks issued are to be kept in 39 the borrower's permanent file. 40 4t Funds disbursed for Rehabilitation/Emergency Repair will b._~e 42 disbursed to the contractor, tradesman, business 43 establishment, or homeowner only after submission of the 44 invoice and a satisfactory inspection report, if required. 45 46 (C) A representative of the Collier County Department 47 of Housing and Urban Improvement will be present at loan 4s closings whenever possible. The representative will verify 49 that all mortgage and supporting documents have been exe- s0 cured properly, and that the second mortgage be recorded 5] by the Collier County Clerk of the Circuit Court. The 52 recorded second mortgage or evidence of recordin.q, will 53 then be kept on file in the Collier County Department of 54 Housing and Urban Improvement. The completed borrower's 55 file will contain copies of all documentation received from the 56 first mortgage lender in addition to the S.H.I.P. funds -- 57 provided by this program, for the purposes of establishing a ~s complete audit trail." Page 9 of lO Undcrlinedtextisadded;St:';ckb~-'c=~'tcxtisdcletcd' NOV 1 3 2001 Pg. ! SECTION SEVEN. CONFLICT AND SEVERABILITY. 2 3 In the event this Ordinance conflicts with any other Ordinance of Collier 4 County or Other applicable law, the more restrictive shall apply. If any phrase or ~ portion of this Ordinance is held invalid or unconstitutional by any court of 6 competent jurisdiction, such portion shall be deemed a separate, distinct and ? independent provision and such holding shall not affect the validity of the 8 remaining portions. ]o SECTION EIGHT. INCLUSION IN THE CODE OF LAWS AND Il ORDINANCES. ]3 This Ordinance shall be made a part of the Code of Laws and ]4 Ordinances of Collier County, Florida. The sections of the Ordinance may be 15 renumbered or relettered to accomplish that result, and the word "Ordinance" ]6 may be changed to "Section," "Article," or any other appropriate word. ]s SECTION NINE. EFFECTIVE DATE. 20 This Ordinance shall be effective upon filing with the Florida Department 2~ of State. 23 PASSED AND DULY ADOPTED by the Board of County Commissioners 24 of Collier County, Florida this ~ day of ,2001. 26 ATTEST: BOARD OF COUNTY COMMISSIONERS 27 Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA 30 By: By: 3~ Deputy Clerk James D. Carter, Ph.D., Chairman 32 33 34 Approved as to form 35 and legal sufficiency: ~736 ",,,i~ /,,,. ! 39 Patrick G. White, 4o Assistant County Attorney Page 10 of lO Underlinedtcxtisadded;S"mck'-~-'cug-5 tex~t is deleted- NOV t 3 2001