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Agenda 05/14/2002 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 14, 2002 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 May 14, 2002 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor G. Dale Bens.n, Naples First Church of the Nazarene 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. April 9, 2002 - Regular Meeting 3. PROCLAMATIONS A. This item has been deleted. B. Proclamation for Collier County Safe Commander Edward M. Irving. Boating Month. To be accepted by C. Proclamation for Law Enforcement Appreciation Day. To be accepted by Sheriff, Don Hunter. Do Proclamation for Observing Emergency Medical Week May 19-25, 2002. To be accepted by Ken Pineau, Interim Administrator of Emergency Service Division. E. This item has been deleted. F. Proclamation for Teen Pregnancy Awareness Month. G. Proclamation to observe May 12-18, 2002 as Police Week. 2 May 14, 2002 e SERVICE AWARDS Five-Year Attendees: 1) John Kirchner, Airport 2) Christine Alexander, Library Ten-Year Attendees: 3) Douglas Roberts, Emergency Medical Services 4) Michael Goguen, Emergency Medical Services Fifteen-Year Attendees: 5) Joseph Collins, Utility Billing Twenty-Five Year Attendees: 6) Gail Wilver, Parks and Recreation 5. PRESENTATIONS A. Recommendation to recognize Guy Spieth, Lieutenant, Services, as Employee of the Month for April 2002. Emergency Medical 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics B. Public Petition Request by Jack Bowerman to discuss mining project permit stipulations and requirements. 7. BOARD OF ZONING APPEALS 3 May 14, 2002 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-1810, Dr. Louis Kastan, requesting a 4.9 foot variance from the required 25 foot rear yard to 20.1 feet for the principal structure and a 13.9 foot variance from the required 25 foot rear yard to 11.1 feet for a second story porch for property located at 116 Connors Avenue, further described as Lot 24, Conners Vanderbilt Beach Estates Unit 3, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An Ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the Unincorporated Area of CoiJier County, Florida, by: Amending the Future Land Use Element and the Future Land Use Map and Map Series; amending the Golden Gate Area Master Plan Element and the Golden Gate Area Master Plan Future Land Use Map and Map Series; providing for severability; and, providing for an effective date. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition No. CPSS-2001-1, a Small Scale Growth Management Plan Amendment (Immokalee Area Master Plan Element) for expansion of the High Residential (HR) District. 9. BOARD OF COUNTY COMMISSIONERS 10. COUNTY MANAGER'S REPORT Authorize staff to prepare and advertise for public hearing the designation of three areas subject to a moratorium for backlogged and constrained roadway segments of US 41, Vanderbilt Beach Road and Davis Boulevard (SR 84). (Norman Feder, Administrator, Transportation Services) Advise Board of County Commissioners on progress and schedule for development and implementation of a real-time Transportation Concurrency 4 May 14, 2002 Management System and Adequate Public Facilities Ordinance. Feder, Administrator, Transportation Services.) (Norman C. Recommendation that the Board of County Commissioners consider the proposal by the Taxpayers Action Group (TAG) to consider a Referendum on the issue of Concurrency. (Tom Olliff, County Manager) D. Staff update on plan to improve reliability of County water supply and production prior to peak season 2003 and authorization to implement improvements up to $690,000. (Tom Wides, Interim Administrator, Public Utilities) E. Approve a Change Order to the design build contract with Metcalf and Eddy, Inc., for two additional reverse osmosis raw water supply wells and in-plant modifications for the North County Regional Water Treatment Plant, Project 70094, in the amount not to exceed $3,300,000. (Tom Wides, Interim Administrator, Public Utilities) Board consideration of alternative make-up of the Tourist Development Council to provide representation for all municipalities. (Joseph K. Schmitt, Administrator, Community Development) G. ApprOval of Resolution providing recognition of Section 28.33, Florida Statutes and stating policy relating to interest accruing from moneys deposited with the Clerk of the Circuit Court. (Mike Smykowski, OMB) 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT 5 May 14, 2002 13. OTHER CONSTITUTIONAL OFFICERS 14. FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Final acceptance of Water and Sewer Utility Facilities for Cedar Hammock Golf Maintenance Facility. 2) Final acceptance of Water Utility Facilities for Cedar Hammock Clubhouse. 3) Review Tourist Development related advertising and promotion invoices, determine expenditures serve a public purpose, approve appropriate invoices for payment, and approve specific funding source, as recommended by the Tourist Development Council in the amount of $68,395.86 from FY01-02 Tourism Advertising Budget and approve e re- appropriation of $48,736.19 from prior year funds to partially fund dated invoices. 4) Final acceptance of Water Utility Facilities for Cedar Hammock, Tract F-5 Multi-Family. 5) Final acceptance of Water Utility Facilities for Cypress Cove-Feather Sound. 6) Authorization to amend the Consulting Services Agreement with RWA, Inc., to extend services through adoption of both the Rural Fringe and Rural Eastern Lands Comprehensive Plan Amendments mandated by the Final Order at an incremental cost amount of $24,200. 7) Approval of Second Amendment to 2002 Tourism Agreement with Kelley Swofford Roy, Inc. to fund additional advertising at a cost of $250,026 from Fund 194 Reserves to Fund 194 Operating Budget. 8) Petition AVESMT2001-AR2023 to disclaim, renounce and vacate the County's and the Public's Interest in a portion of the perpetual drainage, utility and maintenance easement acquired by "Order of Taking" as recorded in Offi 'al R~.cord Book 2445, Pages 3125 through 3140, Public Records of C *lier-C.,"Jn::y, Florida, and to accept a relocation drainage easement over a pordon of Lot 8, Block C, "Briarwood Unit 6", as 6 May 14, 2002 9) lo) 12) 13) 14) recorded in Plat Book 30, Pages 59 through 61, located in Section 31, Township 49 South, Range 26 East. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Portofino at Pelican Marsh". Adoption of two resolutions to approve two (2) applications for impact fee waivers for eligible not-for-profit charitable organizations representing a cumulative total of $8,035.59 and authorize staff to process reimbursement from this Fiscal Year's unencumbered interest account. Award of Bid #02-3358 in the amount of $67.50 per ton not to exceed $40,000 for construction of an artificial reef. Proposal to impose a temporary moratorium on projects in the Whippoorwill Area (bounded on the North by Pine Ridge Road, on the South by the Wyndemere Subdivision, on the East by 1-75, and on the West by proposed Livingston Road) until such time as a Master Plan showing proposed infrastructure improvements, including at a minimum, potable water distribution, sanitary sewage collection, stormwater management and roads, has been accepted by the Collier County Community Development and Environmental Services Division. Authorize funds in the amount of $154,000 from Development Service fees for three (3) new Planning positions to improve the Growth Management/Land Development Code Review and enforcement of architecture standards. Request for approval and funding of a Senior Budget and Management Analyst position for the Community Development and Environmental Services Division to provide a Division-wide analytical resource to satisfy a variety of critical needs. B. TRANSPORTATION SERVICES 1) Adopt a Resolution giving priority to the acquisition of additional right-of- way along the "951 Corridor". 2) Enter into Joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT) for modification of median openings and additional turn lanes at SR 84 (Davis Boulevard) from Commercial Drive to Brookside Drive, Project No. 60016. 3) Approve a Budget Amendment to transfer funds from Pelican Bay Street Lighting Fund Reserves to the Operating Budget. 4) Approve Work Order No. 3RC-F~-02-03 for Better Roads Inc., to modify Radio Road Median Opening between Industrial Boulevard and Commercial Boulevard in the amount of $56,827, Project No. 60016. 7 May 14, 2002 5) 6) 7) 8) 9) 10) Approve Amendment No. 2 providing for Phase II of the contract for Professional Engineering Services by RWA Inc., in the amount of $1,891,110.00, for final design of the Airport Road Grade Separated Overpass as part of the Golden Gate Parkway six-laning design from Airport Road to Santa Barbara Boulevard, Project No. 60027. This item has been deleted. The Board approval to utilize insurance proceeds and approximately $8,064 from the General Revenue Fund to purchase a replacement paratransit vehicle. Board approval to enter into a lease agreement with Volusia County for the use of two trolley/buses in the amount of $500.00 per month, per bus and approval to expend $3,500.00 for the upgrade of the air conditioning systems of each bus. Award a Construction Contract in the amount of $6,008,521.88 to Bonness, Inc. and allocate $600,000.00 (10% of the construction cost) for contingency purposes to construct the proposed Livingston Road Phase IV Project, from Immokalee Road to Lee County Line, Project No. 65041. Approval of a three-month contract extension with ATC/Intelitran for the provision of Transportation Disadvantaged Management Services and approval of a Budget Amendment adding approximately $300,000 to the current purchase order. 11) Approval of two (2) Road Impact Fee Refund Requests totaling $33,931.51. C. PUBLIC UTILITIES 1) Adopt a Resolution and approve a Declaration of Easement for two water well house sites and a pipeline to be located within a portion of property acquired for a future park site, not to exceed $22,924.00. 2) Amend Work Order CDM-FT-99-6 for Engineering Services related to Effluent Resource Planning in the amount of $17,000 in Project 74029. 3) Approve Staff, Coastal Advisory Committee end Tourist Development Council recommendations to disapprove a TDC Category "A" Grant Application for the Barefoot Beach Club Dune Restoration in the amount of $81,500. 4) Approve Tourist Development Category "A" Grant Applications in the amount of $4,853,537. 5) Approve Staff, Coastal Advisory Committee and Tourist Development Council recommendations to disapprove a TDC Category "A" Grant 8 May 14, 2002 Application for the Goodland Canals dredging design and permitting in the amount of $150,000. 6) Approve Award of RFP #02-3360 for beach raking and clean up activities to Lightner Contracting Inc. estimated at $50,000 per year. 7) Approve a water meter size deviation for the Krehling Industries Concrete Facilities at Wiggins Pass Road. 8) Approve an Easement to Florida Power and Light Company for relocated electric power service at the North County Water Reclamation Facility, Project 73077, at no cost. 9) Approve funding and an amendment to a Work Order for Construction Engineering Services for a 12" water main and a 6" force main to Boyne South, Projects 70862 and 73061, in the amount of $44,910. 10) Amend Professional Services Agreement with Metcalf and Eddy, Inc., for the South County Water Treatment Plant Reverse Osmosis Expansion, Contract 98-2891, in the amount of $231,804, Project 70054. 11) Amend Professional Engineering Services Agreement. with Water Resource Solutions, Inc., to construct the second deep injection well for the North County Water Reclamation Facility Deep Injection Well, Contract 00-3122, in the amount of $289,850, Project 73948. 12) Approve an Agreement for reimbursement of costs in the amount of $72,600 for construction of a Wastewater Force Main to serve the M & E Trailer Park. 13) Request approval for the standardization and purchase of a TV/Grout Truck from Community Utilities Environmental Services, Inc., (CUES, Inc.) in the amount of $209,900. 14) Board approval of Budget Amendments recognizing positive carry forward of a $300,000 variance in the Pollution Clean-Up and Restoration Fund (108) and transferring $300,000 to Water Pollution Control Fund (114). D. PUBLIC SERVICES 1) Approve a Sub-Grantee Agreement between Collier County and the Conservancy of Southwest Florida in the amount of $48,586 awarded through the State Coastal Impact Assistance Grant Program. ADMINISTRATIVE SERVICES 9 May 14, 2002 1) 2) 3) 4) 5) 6) 7) Approve a Budget Amendment totaling $125,000 for the emergency replacement of a 150-ton Chiller at the Sheriff's CID Building, Horseshoe Drive, Project No. 80525. Approve a Budget Amendment in the amount of $29,000 to cover the costs associated with promoting the "Cool Summer Breaks" Program. Extend current Annual Engineering Services Agreement (98-2835) pending award of new agreement (estimated $40,000 per month during the extension period). To Award Bid #02-3361 "Hardware and Related Items" at an annual cost of $40,000. Approve Agreement with Cedar Enterprise Solutions to develop and deliver training to County Staff pursuant to implementing the new Financial Management Software System at an estimated cost of $185,955.00. Request Board approval of a Budget Amendment in the amount of $22,000 to cover the costs associated with the Naples Studio Contract. Award Contract #02-3324 "Fixed Term Professional Surveying and Photogrametric Services" to: Agnoli, Barber and Brundage. 8) Award RFP 02-3344 for Wellfield Maintenance and Rehabilitation to Diversified Drilling Corp. and Hausinger and Associates Inc., for an estimated annual amount of $650,000. 9) Approval of the amendment to the County's Prescription Drug Program Provider Agreement to reduce prescription drug rates and extend the agreement one year. 10) Approval of the Administrative Service Agreement for the County's Self- Funded Short-Term Disability Benefit Program with Sun Life Assurance Company for approximately $39,000 in FY 02. 11) Authorize the termination of the CBSA On-Site Customer Service Support for the County's Health Insurance Program and the creation of a full-time employee in the Employee Services Center to provide these services at an annual savings to the County of $10,000. 12) Rejection of proposals for RFP #02-3353, revision of Human Resources Practices and Procedures due to a change in the scope of services required for the project. F. EMERGENCY SERVICES 10 May 14, 2002 Secure approval of an assignment of lease between Omnipoint Holdings, Inc., and Clearshot Communications, Inc., having no fiscal impact on the County. Gm COUNTY MANAGER AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Proclamation for Civility Month. Carol Kirkland will not be present to accept this proclamation; however, it will be mailed to her. 2) Request for leave of absence from the Code Enforcement Board and the Emergency Medical Services Advisory Committee. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for Record with Action as Directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners endorse the United States Department of Justice and United States Department of the Treasury Federal Equitable Sharing Agreement valid through September 30, 2005. 2) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of county funds to satisfy said purchases. 3) Recommendation to approve an increase of ten sworn Law Enforcement Officers upon award of a United States Department of Justice Three Year COPS Universal Hiring Program 2002 Grant Request. 4) Recommendation to approve an increase of eight sworn Law Enforcement Officers upon award of a United States Department of Justice Three Year COPS in Schools 2002 Grant Request. 5) Accept a Grant-in-Aid from the jUstice Administrative Commission in an amount not to exceed $27,917.56 for Juvenile Dependency Costs and authorize the Chairman to sign the Agreement. 11 May 14, 2002 L. COUNTY A'I-rORNEY 1) Recommendation that the Board of County Commissioners approve and ratify the Settlement in Fleeta Wheeler, as Personal Representative of the Estate of Linda Delgado and Fleeta Wheeler, as Guardian of the Property of Kimberly Sabrina Delgado, the Minor Child of Linda Delgado v. Collier County, Pre-Litigation but After Notice of Claim, Pursuant to which the County paid $37,000 to the Estate of Linda Delgado and would pay $100,000 to Fleeta Wheeler, as Guardian of the Property of Kimberly Sabrina Delgado, Decendent's daughter, said Settlement was arrived at during Settlement Negotiations by Collier County's Outside Claims Adjuster and prior to the Institution of Suit. 2) Recommendation to approve a Budget Amendment in the amount of $10,000 to fund the cost of supplements to the Collier County Code of Laws and Ordinances and the Collier County Land Development Code. 3) Approve the stipulated final judgment relative to the condemnation of Parcels 124 and 125 in the Lawsuit styled Collier County v. Anthony F. Jancigar, as Trustees, et al, Case No. 00-0142-CA, Project 60111. 4) Approve the Agreed Order awarding expert fees relative to the easement acquisition of Parcel 2.4T 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) Approve the stipulated final judgment relative to the condemnation of Parcels 124 and 125 in the Lawsuit styled Collier County v. Anthony F. Jancigar, as Trustee, et al, Case No. 00-0142-CA, Project 60111. 6) Authorize the making of an Offer of Judgment to Respondent, James M. Goldie, Trustee, for Parcels 105 and 106 in the amount of $26,530.00 in the lawsuit styled Collier County v. Faith Bible Church of Naples Inc., et al, Case No. 99-2165-CA, Immokalee Road, Project No. 69101. 7) Approve the Stipulated Final Judgment pertaining to the easement acquisition of Parcels 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A and 933B in the Lawsuit entitled Collier County v. McAIpine Briarwood, Inc., et al, Case No. 98-1635-CA, Project No. 60061. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM S I'AFF; 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 12 May 14, 2002 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. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation that the Board of County Commissioners adopt an Ordinance to correct a Scrivener's Error on the Official Zoning Atlas Map Number 0511S referring to the Zoning District of C-1/T which in fact should state C-3. B. Recommendation to the Board of County Commissioners to approve an Ordinance to amend the Contractor Licensing Board Ordinance to reflect changes to the State Statutes and enhance the effectiveness of the Ordinance in the Regulation and Licensing of Contractors in Collier County. C. An Ordinance amending Ordinance Number 91-102, the Collier County Land Development code, to correct Scrivener's Error due to omission of an intended revision to Section 2.6.21.2.2.; and an exhibit depicting typical setback requirements for dock facilities. Approval of the MSTU Advisory Board recommendation to approve a millage increase from I to 3 Mils for the Forest Lakes Roadway and Drainage Municipal Services Taxing Unit (MSTU). 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.. 13 May 14, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 14, 2002 DELETE ITEM 6(B): Public Petition request by Jack Bowerman to discuss mining project permit stipulations and requirements. (Petitioner request.) MOVE ITEM 16(A)10 TO 10H: Adoption of two resolutions to approve two (2) applications for impact fee waivers for eligible not-for-profit charitable organizations representing a cumulative total of $8,035.59 and authorize staff to process reimbursement from this Fiscal Year's unencumbered interest account. (Commissioner Carter request.) CONTINUE ITEM 16(A)12 TO MAY 28~ 2002 BCC MEETING: Proposal to impose a temporary moratorium on projects in the Whippoorwill area (bounded on the north by Pine Ridge Road, on the south by the Wyndemere Subdivision, on the east by 1- 75, and on the west by proposed Livingston Road) until such time as a Master Plan showing proposed infrastructure improvements, including at a minimum, potable water distribution, sanitary sewage collection, stormwater management and roads, has been accepted by the Collier County Community Development and Environmental Services Division. (Staff request.) CONTINUE ITEM 16(B)1 TO JUNE 11, 2002 BCC MEETING: Adopt a Resolution giving priority to the acquisition of additional right-of-way along the "951 Corridor". (Commissioner Fiala request.) CONTINUE ITEM 16(B)4 TO June 11, 2002 BCC MEETING: Approve Work Order No. BRC-FT-02-03 for Better Roads, Inc., to modify Radio Road medial opening between Industrial Boulevard and Commercial Boulevard in the amount of $56,827, Project No. 60016. (Staff request.) CONTINUE ITEM 16(C)3 TO MAY 28, 2002 BCC MEETING: Approve staff, Coastal Advisory Committee and Tourist Development Council recommendations to disapprove a TDC Category "A" Grant application for the Barefoot Beach Club Dune Restoration in the amount of $81,500. (Commissioner Carter request.) CONTINUE ITEM 16(C)5 TO MAY 28, 2002 BCC MEETING: Approve staff, Coastal Advisory Committee and Tourist Development Council recommendations to disapprove a TDC Category "A" Grant Application for the Goodland Canals dredging design and permitting in the amount of $150,000. (Staff request.) ITEMS 16(C)10 AND 16(E)8 TO BE HEARD IN CONJUNCTION WITH REGULAR ITEM 10D: Staff update on plan to improve reliability of County water supply and production prior to peak season 2003 and authorization to implement improvements up to $690,000. (Commissioner Coyle request.) DELETE ITEM 16(E)12: Rejection of proposals for RFP #02-3353, revision of Human Resources Practices and Procedures due to a change in the scope of services required for the project. (Staff request.) DELETE ITEM 16(F)1: Secure approval of an assignment of lease between Omnipoint Holdings, Inc., and Clearshot Communications, Inc., having no fiscal impact on the County. (Staff request.) ADD ITEM 16(G)1: Authorize the Chairman to sign a letter supporting an application to the FDOT for the Project of the Year Award for the Naples Airport Improvement Project as requested by the Naples Airport Authority (NAA). (Staff request.) DELETE ITEM 16(I)2: Request for leave of absence from the Code Enforcement Board and the Emergency Medical Services Advisory Committee. (Staff request.) D~,,'U~/~UUZ [~:3U YA3. 94177~UZ ~CC ~UUJ/UO! WHERE~$, WHEREAS, WHEREAS. WHEREAS, WHEREAS, WHEREAS, WH~EA$, Co~flee ~ ~ti~ is ~yed by ~i~ ~ /~ e~ed by by ~s/~fl~ Co/I/er C~ DONE AND '1 MAY 1~ 20O2 PROCLAMATZON WHEREAS. the problems of crime touch all segments of our society and can undermine and erode the moral and economic strengths of our communities; and, WHEREAS, we are fortunate that law enforcement officers from all area agencies dedicate themselves to preserving law and order and the public's safety; and, WHEREAS, we recognize that the men and women in law enforcement risk their lives on a daily basis to protect our citizens and maintain social order; and, WHEREAS, we encourage all citizens to pause to recognize our law enforcement officers so that we may not take their work for granted. NOW THEREFORE, BE ZT WE THE Board of County Eldrida hereby take great pleaSure in honoring ~tll. ICiWen~~ officers for their ~y ~6, ~00~ ~s LAW ENF ORCEN~ENT : APPRECZ A TZ ON a~l ask all citizen~ to,~oiri uS ~n honoring officers crud to assist them by exercisint enforcement citizenship. DONE AND ATTEST: DWT~HT E. BROCK, CLERK ~TY COMM'rS51'ONER5 COLLZER C(;;~/~TY, FLO~.,~A Pg · ....~------- "' PROCLAtAA TION WHEREAS, emergency medical pro£essiona/s and volunteers provide medical care to v/ct/ms o£ sudden/i£e-threatenirg injuries and illnesses, o£ten under stress£u/ conditions and in high dtoadons, to save the lives o£ others; and, WHEREAS, emergency medical personnel most rapidly assess, manage, and e££ect/ve/y provide care in unpredictable situations requiring//£e and death judgments; and WHEREAS, WHEREAS, emergencY medical personnel are often the £/rst contact many res/dents and vidtons to/=/ar/do hove w/th the health core system, and these pensonne/ provide education, assessment, prevention and re£erra/ services in add/t/on to their emergency act/v/t/es; and, the residents of and.-vim'tOm$ ?o..~he state of Florida benefit daily emer~ medical technician, ~medi~'.'emergency and trauma ~$es, educo?~a, .emergenc?.O~.~u~ physic/an~, and WHEREAS, WHEREAS, it is ar/t/co/the general public be made aware ~0£, understand and support, and e££ect/ve/y use/ts local emergertCy medico/services mystem; and, ne¢ognition is due to ail emergencY medicaid/serving in o voWety o£ roles for their unselfish ded/caffmtt res/dents and v/s/tOns. .~. ~.? :~ .'. NOW THERE/=ORE, be ft Collier Counl Commissioners of be designated as DONE AND ORDERED THIS 14th Day of A~ay, ~002. A TTE5 T: BOARD OF COUNTY COA4A~I$$IONER$ -/'~ :COLETTA~N AGENHA -IQ'EM No. HAY 2002 DWIGHT E BROCK, CLERK PROCLAtdA TZOIV ~'t4EREA$, we the citizens o£ the State o£ Florida and the residents o£ Collier County are dedicated to improving the well-being of children, youth and £omilies by ~ducin9 ?~n p~gnoncy: and, WH~AS, ht~h rates of teen pregnoncY burden not only teenagers but also ?heir children, ~am///es and commun/r/es; and, WHEREAS, 4 out o~ lO girls in the ~nited 5tares get pregnon~ ar Mast once by age ~en~, re$o/t/n9 /n more than ~00, ~ teen pregnancies a year; and, W~EgEAS, ~eens arou~ ~he co~ ~11.~ a~Rtd ~o s~op, ~h/nk and ~oke acr/on. NOW T~EgEF~ be/~ proc/aimed by ~he 8oard o~ Co~ ~omm/ss/oners o~ Collier Count, Flor/da, ~ha~ ~he ~on?h o~ ~ay be ~st~no~ed os TE~ PR~NAN~ PREVEN~ON A WARENES8 ~ONTH DONE AND ORDERED THI5 14th A TTE$ T¢ Day of/Hay, 2002. aO~gO o? cou~.~rY BROCK, CLERK AG E N~ A.,~ TE M No. InA¥ 2002 Pg. ~ PROCLAA4A TION WHEREAS, The Congress and President of the Un/ted States have designated 1§ as Peace Officers' 44emorial Day, and the week in which A4ay 1 falls as National Police P/eek; and, WHEREAS, the members of the Collier County Sheriff's Office play an essential role in safeguarding the rights and freedoms of Collier Courtly; and. WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by p~tecdn9 ~hem against violenc~ and disorder, and by p~cting ~he innoc~n~ again$~ deception and ~h~ w~ak agains~ opp~sdon; an~ WHEREAS, the men and women of the Collier County Sheriff's Office unceasingly provide a vital public service. NOW THEREFORE, be it I~'~ldmed bY the BOOed of County Commissioners of Collier CaLmLy. Flon'd~ ~.'~h~ ~!~r' Coun~ Board of Coun~ Commissi~ 'call UPon ~11 ciniens off ~llier C~n~ and upon ~11 pa?rio~b, civic and educa~bnal o~anfZ~d~ ~fo ~erve ~h~ w~ek of POLrCE WEEK with ~propriate ce~monies and observances in Which all of our people may join in commemorating law enforcement officers, f~st and ~e~d a dedicated s~ce ~ their communitl~ ~ ~ so doing, hart tstablished for themselves an enviable a~ eb~ring reputattbn for p~st~i~ ~t rights and $ecur/~ of all c/ti~ We fu~ ~dJ ~ ntl ~ttJZ~ ~f ~~ to obserre I~, the ultimate sacrif/e~'i~:~:t~'~ir communi~ or have become disabled in the perfo~once of du~. and let us ~cognixe and pay ~s~ct to the su~ivor$ of our fallen he~s. DONE AND ORDERED THIS 14th Day of t~ay, 3002 BOARD OF COUNTY CO&~I~I$$ZONER! COLLIER COUNTY, FLORIDA A 7TE5 T: ~ItA COLET-FA, CHAIRA4AN So.. FIAY 2002 Pg. DWIGHT E. BROCK, CLERK EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE GUY SPIETH, LIEUTENANT,EMERGENCY MEDICAL SERVICES, AS EMPLOYEE OF THE MONTH FOR APRIL 2002, OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniqaely identifiable contributions which produce significant results for the County. CONSIDERATION: Lieutenant Guy Spieth leads the EMS Explorer Post #4911. The Explorer post is an offspring program of the Boy Scouts of America. Traditional explorer posts have been sponsored by police and fire departments. Post #4911 is the only current program that focuses on emergency medicine in Southwest Florida. This program offers high school students the opportunity to become involve in the emergency medical services field prior to graduation. Lt. Spieth has demonstrated tremendous initiative and enthusiasm by leading this program fi.om its inception in 1998 to the success it has become today. The EMS Explorer Post #4911 has been very active in the community. They have participated in parades, fairs and community education such as CPR classes. They have also conducted their own fundraisers to support themselves. The numerous activities that they have participated in have exposed them to their community in a positive and professional atmosphere with the goal of providing service to others in their time of need. The Explorers continues to gow with their community as well as with their own personal development under the guidance and leadership of Lt. Spieth. Today we have EMS employees that ,,,,,ere recruited, trained and prepared for employment at Collier County Emergency Medical Services by Lt. Spieth. These employees transitioned from high school students and explorer cadets seamlessly to an EMS career. The EMS Explorer program has become a tremendous success due to the dedication and leadership of Lt. Spieth. Recently, Lt. Spieth was honored with the Explorer Leadership Award for outstanding leadership/volunteerism to the community. He was also honored for receiving the Explorer Leader of the Year award from the Boy Scouts of America. His unselfish contribution to this program as well as his commitment to serx, ing the community is admirable. Lt. Spieth's recent recognition by the Boy Scouts of America is another feather in the cap of an organization that consistently "Exceeds Expectations". FISCAL IMPACT: "Employee of the Month" selectees receive a $150.00 cash award. Funds are available in the Department Budget Cost Center. RECOMMENDATION: 2002. SUBMITTED BY: Jeff Walker, Dia/~tor Employee Services Department APPROVED BY: Jo-Anne Varcoe-Leamer, Administrator Administrative Services That Guy Spieth, be recognized as the "Employee of the Month" for April DATE: DATE: COLLIER COUNTY MANAGER'S OFFICE May 3,2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ~941/ 774-8383 FAX (941~ 774-4010 Mr. Jack Bowerman, lll 828 Sanctuaw Road Naples, FL 34120 Re: Public Petition Request to Discuss Mining Project Permit Stipulations and Requirements Dear Mr. Bowerman: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 14, 2002, 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, Tho~' County Manager TWO:jeb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator MAY RECF:V'ED COUNTY MANAGER OFFIOE April 19, 2002 ACTION FILE Thomas W. 01iff, I would like to appear before the Board of County Commissioners to again discuss the latest stipulations placed on our home site project. The Transportation Department addressed the issue of public safety at the road intersection that originally had a turn lane requirement on it and came back with stipulations concerning public safety that were reasonable and fair. We are able to comply with the stipulations concerning public safety, but they also took the liberty to add other stipulations above and beyond public safety such as bonds and insurance requirements that continue to render the project unfeasible and unaffordable to us as first time homebuyers. We would like to address these latest stipulations, which we find to be unnecessary, and very much a hardship to us. MAY 1 ~ 2~02 EXECUTIVE SUMMARY VA-2001-AR-1810, DR. LOUIS KASTAN, REQUESTING A 4.9-FOOT VARIANCE FROM THE REQUIRED 25-FOOT REAR YARD TO 20.1 FEET FOR THE PRINCIPAL STRUCTURE AND A 13.9-FOOT VARIANCE FROM THE REQUIRED 25-FOOT REAR YARD TO 11.1 FEET FOR A SECOND STORY PORCH FOR PROPERTY LOCATED AT 116 CONNORS AVENUE, FURTHER DESCRIBED AS LOT 24, CONNERS VANDERBILT BEACH ESTATES UNIT 3, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained in a single-family neighborhood. CONSIDERATIONS: The petitioner requests a 4.9-foot variance from the required 25-foot rear yard to 20.1 feet for the principal structure and a 13.9-foot variance from the required 25-foot rear yard to 11.1 feet for a second story balcony, for a single-fan'fily house that is being reconstructed. The required rear yard in the RSF-3 district is 25 feet. The existing house has a rear yard of 22.1 feet. Therefore, the rear yard of the subject house is not legally conforming. The house was built in 1974, when spot-surveys were not required. The petitioner had plans drawn to add a second story to the house on the subject properly. A Building Pern-fit was issued in September 2001 for a second story addition and interior remodeling. The Building Permit indicated a rear yard requirement of 25 feet. The spot survey indicated the 2.9-foot encroachment of the "original" wall of the house, as well as an additional encroachment of 2 feet of the "new" wall, for a total encroaclunent of 4.9 feet. The petitioner agreed to stop construction in the area of the encroachment and apply for a Variance. The petitioner requested that construction be allowed to continue on the rest of the house and the Building Department allowed construction to continue on the portions that do not encroach. The site visit by the county planner revealed supports to construct a second story balcony. The petitioner indicated that this balcony would encroach 9 feet beyond the proposed "new" wall, for a total encroachment of 13.9 feet into the required rear yard. Section 2.6.4.1.4 of the LDC AY, 2002 permits a balcony, unroofed and unenclosed to encroach 3 feet into a rear yard. The subject balcony encroaches more than 3 feet. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The site is a platted lot with an existing single-family home. There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability' as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on April 4, 2002. The Commissioners heard the Staff presentation and a presentation by the petitioner. In addition, members of the public were heard. A motion was made by Commissioaer Richardson, seconded by Commissioner Young, to deny the petitioner's request for a 4.9-foot variance for the house and a 13.9-foot variance for the balcony. The motion, however, also recommend approval of a 2.9-foot variance for the "original" wall of the house, which had been in existence for over 25 years. The Planning Commission voted 6 to 0 to forward the petition to the BZA with a recommendation of approval for the 2.9-foot variance only. MAY I 4 2002 2 pg.. 2-, PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance. There are ameliorating factors, since the encroachment is adjacent to Vanderbilt Lagoon with no significant blockage of view; and the fact that the original walls have existed for 25 years. It was the recommendation of Planning Services staff that the CCPC forward Petition VA-2001-AR-1810 to the BZA with a recommendation of denial; and Planning Services staff recommended approval of a 2.9-foot variance from the required 25-foot rear yard to 22.1 feet (the existing setback of the "original" wall. PREPARED BY: FRED__ ..R. EISCHL, AICP PRINCIPAL PLAN.~qER DATE REVIEWED BY: ./SUSAN MURRAY, AICP / DATE CURRENT PLANhNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: / J ,Os}~PH K. SC~MITT DA~'E ~,OMMUNITY DEVELOPMENT 8,: ENVIRONMENTAL SERVICES ADMINISTRATOR I,/ executive summaD,/VA-2001 -A R- 1810 kc, moA rp~ ,AY 2002 pg.. ,3 AGENDA ITEM 8-C MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH 15, 2002 SUBJECT: PETITION VA-2001-AR-1810 AGENT/APPLICANT: O%LNER: Louis B. Kastan 605 Zom Avenue Louisville, KY 40206-1420 AGENT: Dominic Novello Novello Building Company 6893 Mill Run Circle Naples, FL 34109 REQUESTED ACTION: The petitioner requests a 4.9-foot variance from the required 25-foot rear yard to 20.1 feet for the principal structure and a 13.9-foot variance from the required 25-foot rear yard to 11.1 feet for a second story balcony, for a single-family house 'Ihat is being reconstructed. Section 2.2.4 of the Land Development Code (LDC) requires a 25-foot rear yard setback for principal structures in the RSF-3 zoning district. Section 2.6.4 of the LDC permits a balcony, unroofed and unenclosed, to project required rear yard for principal structures. feet, it is a part of this variance request. 5 feet into the Since the subject balcony encroa, MAY 1 2002 pg. GEOGRAPHIC LOCATION: The subject property is located at 116 Connors Avenue within the Conners Vanderbilt Beach subdivision. PURPOSE/DESCRIPTION OF PROJECT: The required side yard in the RSF-3 district is 7.5 feet. The northernmost comer of the house has a side yard of 7.2 feet. This 0.3-foot encroachment was remedied by Administrative Variance AVA-2001-AR-1253. The required rear yard in the RSF-3 district is 25 feet. The existing house has a rear yard of 22.1 feet. Therefore, the rear yard of the subject house is not legally conforming. The house was built in 1974, when spot-surveys were not required. The petitioner had plans drawn to add a second story to the house on the subject property. A Building Permit was issued in September 2001 for a second story addition and interior remodeling. The Building Permit indicated a rear yard requirement of 25 feet. The spot survey indicated the 2.9-foot encroachment of the "original" wall of the house, as well as an additional encroachment of 2 feet of the "new" wall, for a total encroachment of 4.9 feet. The petitioner agreed to stop construction in the area of the encroachment and apply for a Variance. The petitioner requested that construction be allowed to continue on the rest of the house and the Building Department allowed construction to continue on the portions that do not encroach. The site visit by the county planner revealed supports to construct a second story balcony. The petitioner indicated that this balcony would encroach 9 feet beyond the proposed "new" wall, for a total encroachment of 13.9 feet into the required rear yard. Section 2.6.4.1.4 of the LDC permits a balcony, unroofed and unenclosed to encroach 5 feet into a rear yard. The subject balcony encroaches more than 5 feet. SURROUNDING LAND USE AND ZONING: Subject: Single-family house; zoned RSF-3 Surrounding: North - East - South - West - Single-family house; zoned RSF-3 Vanderbilt Lagoon Single-family house; zoned RSF-3 Conners Avenue ROW MAY I Q 2002 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to ~ant 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: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The home was permitted and built prior to the requirement for spot surveys. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. As stated above, the home was permitted and built prior to the requirement for spot surveys. However, the actions of the applicant result in a request for an additional encroachment of 2 feet for the house and an additional 9 feet for a second story patio. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship. Removal of the encroachment may result in a financial hardship on the property owner, however a financial hardship is not typically a justifiable reason to grant a variance. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and ~vhich promote s~:tndard~ nf AC-,~JqDA health, safer)' and welfare? No~_ MAY I q 2002 No. A house of a size, which meets the required setbacks, would be a reasonable use of the land. However, it should be noted that the original footprint of the house has existed for 25 years. 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 rear yard than the minimum required in the RSF-3 zoning district. L Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, this variance will allow the house to be closer to the rear lot line than other houses in the zoning district. ge Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The encroachment is adjacent to Vanderbilt Lagoon. In addition, the house of the neighbor to the north is oriented so that the view is not toward the subject property. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Groxvth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance. There are ameliorating factors, since the encroachment is adjacent to Vanderbilt Lagoon with no significant blockage of view; and the fact that the original walls have existed for 25 years. It is the recommendation of Planning Services staff that the CCPC forward Petition VA-2001-AR-1810 to the BZA with a recommendation of denial; and Planning Services staff recommends approval of a 2.9-foot variance from the required 25-foot rear yard to 22.1 feet (the existing setback I-the~;llit~la~ wall. 14 2002 PREPARED BY: FP,~D ~)~EISCHL, AICP PRTNCWAL PLANNER DATE REVIEWED BY: .fl'USAN MUR?., Y, AICP ! DATE CURRENT PLANNING MANAGER & INTERIM PLANNING SERVICES DII~ECTOR APPROVED BY: ~t~MUNIT/Y DEVELOPMENT & NVIRONMENTA~SEATREVI- CES ADMINISTRATOR Petition Number: VA-2001 -AR-18 I0 Collier CounW Planning Commission: KEN:N~TH L. ABERNATH~CH~~ MAY lq 2002 ~tte,C.o~Lemam~&Jof~¢son,PA 9~.t 435 12t8; 04/03.2002 Febnm.D'16,2001 Mr. Fred Reischl Principal Planner Collier County Planning Department 2800 North Horseshoe Drive Naples, Florida 34103 Dear Mr. Reischi: I am a neighbor of Dr. Kastan. Dr. Kastan has explained to me the proposed construction on his property and the need for a variance to construct the improvemems. I am in favor of Dr. Kastan's construction plans and do not oppose his variance. If you have any questions regarding this matter, please feel free to contact me. Very t.r~y yours,l 104 Co,ers Avenue MAY 1 q 2002 Planning Commissioners of Collier County By fax and email 3/15/02 re: VA-001-AR-1810 Dear Planning Commissioners, I'm writing this letter in regard to VA-001-AR-1810, a request for an after-the- fact variance for "remodeled" residence at 116 Conners Avenue. At this time, it is to be placed on your April 4, 2002 agenda. The petitioner for the property is requesting a rear setback variance of almost 5 feet, 4.9 feet to be exact. In addition, and not listed on the Public Notice sign, is an additional 13.9-foot, second story overhang planned to be a balcony. It is not even mentioned on the variance request. This also needs to be addressed. Once again, I believe that the planning services and the general public have been misinformed by a petitioner about the nature and amount of variance required on a permit. (Reference: 316 Flamingo Ave.) The LDC codes in the Vanderbilt Beach area state that a 25-foot setback is required for the actual residence from the seawall. This property started with an error of about 2-foot when the home xvas originally txventy-some years ago. Had the builder maintained the location of that outer back wall in its prior location, an administrative variance could have easily been granted. What has occurred is that the back wall was extended and additional 2.5 feet closer to the seawall. Added to this, the addition of a balcony that is to be extended off the rear of the building will further encroach into the rear setback. I firmly believe that this was intentionally done with the idea that that it is very easy to request and receive after-the-fact variance approval. It is my understanding that both the builder and the homeowner were aware that the home was out of compliance before the rear of the building was completed but decided to go forward and seek a variance later in the interest of time and money. The county then formally stopped the project, eventually reversing them selves as far as the front of the house only was concerned. Work on the back of the residence is still halted pending your decision. I firmly believe that the building codes in the Vanderbilt beach area should be strictly enforced and that all after-the-fact variances should be highly scrutinized. It hard to believe that building industry does not know the setback requirements (or fails to make use of 50-foot tape measures) to make sure the structure that is being built or renovated in accordance with all front, side, and rear setback requirements as specified by the LDC. Upon viewing the property, I firmly believe the residence on the left side of this structure will have its view greatly restricted if this variance is approved. The height of the structure and the additional intrusion into the setback area will greatly effect the value o f this property. Ac..,rr.~A ~ MAY 1 q 2002 Unfortunately, I have intimate knowledge of the lack of precedent for issuing an after-the-fact variance of this substance. We built a home on Flamingo in 1998. A surveying error resulted in placement of the home out of compliance with the front setback requirement by 5 feet. We could not receive a variance. The reason, which I agreed was very good, was" If we give an after-the-fact variance for this type of error, then it will allow all builders to come in with "mistakes" of the same type and ask for variances just like this." Even though our builder made an honest mistake, he tore the house down and started over. The builder at the start of the second house made doubly sure that the structure was in compliance. In addition, when our house was planned, we were not aware nor was our builder of the additional offset requirement in the rear for height above the seawall. When this was discovered, and the house was set five feet father back on the property, we were forced to shorten our pool deck by five feet to fit within the requirements. One formal variance was granted on the property. That ,,vas for a fish cleaning station on our dock. It was 1 1/2 inches out of compliance with the dock- offset requirements. We are all concerned with oversize structures being proposed and sometimes approved for our area. The house in question has two major problems and does not complying with the present LDC code. An after-the-fact variance of this ma~nitude should not be forthcoming. Respectfully Yours, Frank Haias Frank Halas President: Vanderbilt Beach Property Owners Association 2002 Jean E. Carpenter 123 Conners Ave. Naples, FL 3,1108 (9,41) 598-4799 March 22. 2001 .Mr. Fred Reischl Principal Planner CoLlier Country Planning Department 2800 No. Horseshoe Drive Naples, FL 34103 Re: Petition VA-2001-AR-1810 Dr. Louis Kastan at 116 Conners Ave. requesting two variances from the required 25-foot rear va.rd -- one for 4.9 feet a_n.d one for 13.9 feet Dear Mr. Reischh I live next to the above property at 123 Conners. Before granting these variances for th/s structure it should be pointed out that several times a year we have abnormally high fides and miscellaneous storms which result in flooding. During Storm Gabrielle last year my dock and sea wall were totally underwater -- picture enclosed -- the red line on the picture indicates where the sea wall is. My entire rear yard was flooded -- right up to the house, and there's about 27 feet between the sea wall and my lanai. I am also enclosing a picture showing pan of the yard on the other side of me during this storm -- 140 Conners. The setback there is about 36 feet and as you can see. the water comes up very close to the building. Your diagram does not show the cutout in the sea wall on the Kastan property. Approximately 18 feet from the property line the sea wall cuts in about 12 feet, forming a rectangle as diagramed below. The comer of the newly- built, ground-level addition to Dr. Kastan's house sets about 8 feet back from the comer of the sea wall cutout. l I I would assume that any structure built that close to the water would alter the flow of water during storm conditions and in all probability I would end up with more water on my property. I'hauzK you for your letter of March 15 and the opportunity to express my thoughts on this matter. Enclosures Sincerely, J¢'a_M EX Carpenter MAY 2002 RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2001-AR-1810, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN' COLLEER COUNTY, FLORIDA. WHEREAS, the Legislature o[ the State o[ 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 XVHEREAS, the Board ot Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing a~ter notice as in said regulations made and provided, and has considered the advisability of a 4.9-Ioot variance fi.om the required rear yard setback of 25 feet to 20.1 feet for the principal structure and a 13.9-foot variance from the required rear yard setback of 25 feet to l 1.1 feet for a second story balcony as shown on the attached plot plan, Exhibit "A", in an RSF-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and \x~rtEREAS. all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2001-AR-1810, filed by Novello Building Company, representing Louis B. Kastan, with respect to the property hereinafter described as: Lot 24, Connors Vanderbilt Beach Estates, Unit 3, as recorded in Plat Book 3, Page 891, of the Official Records of Collier County, Florida be and the same hereby is approved for a 4.9-foot variance fi.om the required rear yard setback of 25 feet to 20.1 feet tor the principal structure and a 13.9-foot variance fi.om the required rear yard setback of 25 feet to 11.1 feet for a second story balcony as shown on the attached plot plan, Exhibit "A", for the RSF-3 Zoning District wherein said property is located, subject to the following conditions: EXHIBIT "B" 2002 - BE IT RESOLVED that this Resolution relating to VA-2001-AR-1810, be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. Petition Number ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZO~G APPEALS COLLIER COU~4TY, FLORIDA Approved as to Form and Legal Sufficiency: J.,-UMES N. COLETTA, CHAIRMAN Mmjorl~ M. Student Assistant County ,Attorney VA-2001 -AR-1810, FI~'lo MAY 1 6 2002 /EY SKETCH OF ASBUILT SURVEY :' 07, NEW IMPROVEMENTS (3) WALL STREET ADDRESS; 116 CONNOR,,c AVENUE NAPLES, FLORIDA. SIR 5/8' ~FFSE T al'V suRvsr rE L/N~ .~"'"'~£LEV. "4.77' R ££T PK & BI$C LOT S3 BLOCK R -%-~ o,e'- PAB$ C~NC ELEV. = 4.77' % SET PK & DISC RIFHT OF VAY". LEGAL DESCRIPTION : LOT ~4, BLOCK R, CONNOR'S VANDERBILT BEACH ESTATES, UNIT 3, -'~ORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, ~ 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CERTIFIED TO ' LOUIS KASTAN) CERTIFICATION · EXHIBIT "A" ~LOCK R NO i£ 0 7 l$~ 6o GRAPHIC SCALE ~.,ENOA 17Y~_ MAY 1 ~ 2002 FLOOD ZC I~E .P~. A£ ~e COMMUNITY c~^'!~_L ~.~nn,~?- nrRqP DASD : 2-16-95 (~tOOD ZONE : '8",'C",'D'. ~ 'X' A~E ~Ol IN DESIGNATED FLOOD HAZARD ZONE AREA.) Im EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP AND MAP SERIES; AMENDING THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: For the Board of County Commissioners to review the 2001 cycle of amendments to the Collier County Growth Management Plan m'~d consider adopting, adopting with changes, or not adopting the Amendments. CONSIDERATIONS: · 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. The BCC held their transmittal hearing on November 13, 2001. · Two amendments were submitted after the transmittal hearings, as authorized by the BCC in separate settlement agreements, so have not been reviewed by DCA (CP-2001-6 and --7). · The Objections, Recommendations and Comments Report (ORC Report) was received from the Florida Department of Community Affairs on Febn~ary 1, 2002. The DCA had no objections to any of the proposed amendments, and only offered comments on one petition (CP-2001-5, Research and Technology Park Subdistrict). · The CCPC held their adoption hearing on April 18, 2002. · This adoption hearing considers amendments to the following Elements of the Plan: Future Land Use Element Golden Gate Area Master Plan · Specific details of each amendment are contained in the attached adoption Ordinance, and include CCPC's recommended changes. FISCAL IMPACT: There is no fiscal impact. [Bold Text. with underline or strikethre, ut~, reflects changes since Transmittal GROWTH MANAGEMENT IMPACT: This is an adoption public hearing, for the 2001 cycle of amendments to the Collier County Comprehensiw: Plan. The Florida Department of Community Affairs (DCA) will have 45 days to review the adopted plan amendments for compliance with Chapter 163, F.S. and Rule 9J-5 F.A.C. and to file a "Notice of Intent" to find the amendments in compliance, or not in compliance. If determined to be in compliance, and timely challenge to that determination is not filed by an affected party within 21 days, then the amendments will become effective. CCPC AND PLANNING STAFF RECOMMENDATION: The Collier County Planning Commission held their public hearing on April 18, 2002. Their recommendations are below, following each petition title and staff recommendations. 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 ~mendment to the Golden Gate Area Master Plan text and Golden Gate Area Master Plan Future Land Use Map and map series 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 Boulevard (CR-951) and 11tt' Avenue SW, in Section 15, Township 49 South, Range 26 East. Staff Recommendation: Transmit to the Department of Community Affairs, with changes noted below. The landscape buffer text needs to be modified, as the deleted sentence was confusing and unclear. The intent was to require existing native vegetation to be retained to fulfill the buffer requirement to the extent possible, as more clearly reflected in the first added sentence. The use of existing native vegetation in its natural state helps to maintain a natural appearance along the edge of the Neighborhood Center commercial property, which aids in maintaining the semi-rural character of the area in which the Neighborhood Center lies. The second added sentence was determined necessary by staff to insure the buffer intent is met; water management facilities can potentially be cleared areas such that they provide open space but not a visual or noise buffer. CCPC Recommendation: Transmit to Department of Community Affairs subject to Staff's recommended changes noted below (vote 6-0). Their were no public speakers at the CCPC hearing, and no correspondence has been received. a. Estates-Mixed Use District (Daqe 25, GGAMP) 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. 2002 [Bold Text. with underline or gtr, iket?.rcutk, reflects changes since Transmittal Proiects shall provide a 25-foot wide landscape buffer abuttinq the external right of way. This buffer shall contain two sta.q.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 heiqht at time of p antinq and attainin.q a minimum of three feet i-R heiqht within one year. If ,,v~,..,,,, ......... , ....;~-.k~,. ,,, ~ ........ ,4 minimum of 50% of the 25-foot wide buffer area shall be comprised of a meanderinq bed of shrubs and .qround covers other than .qrass. Existing native trees must be retained within this 25 foot wide buffer area to aid in achievin.q this buffer requirement; other existin.q native ve.qetation is encoura.qed to be retained to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in natural state, and draina.qe conveyance throu.qh the buffer area shall be allowed if necessary to reach an external outfall. CP-2002-2, Karen Bishop of PMS, Inc. of Naples representing Buckley Enterprises, requesting an amendment to the Future Land Use Element and Future Land Use Map and map series to create the Buckley Mixed Use Subdistrict allowing 171,300 square feet 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 feet north of Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East. Staff Recommendation: Transmit this petition to the Department of Community Affairs. CCPC Recommendation: Transmit to Department of Community Affairs with the changes noted below (vote 5-2). There were no public speakers at the CCPC hearing, and no correspondence has been received. 1. URBAN DESIGNATION A. URBAN MIXED-USE DISTRICT (page 18 FLUE) 11. 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 is intended to promote small-scale mixed use development with pedestrian orientation to serve existin.q and future residential development in the immediate area. [Bold Text. with underline or stri!:etkro'at5, reflects changes since Transmittal 2002 P~. This Subdistrict is intended to be an example for future mixed-use nodes, providin.q residents with a pedestrian scale development while also reducinq existing trip len.qths 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 Zonin.q Districts except as noted below. The development of this Subdistrict will be qoverned by the following criteria... The following text changes to the Future Land Use Element will also need to be changed if the amendment is approved: DENSITY RATING SYSTEM (page 25, FLUE) 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 subiect to the Density Rating System, except for the densities established by this subdistrict for multi-family dwellin.q units. 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 and map series to change the designation from Urban Residential Subdistrict to Livingstow'Pine Ridge Commercial Infill Subdistrict to pernfit a maximum of 40,000 square feet of commercial development for 10.47 acres located on the northwest corner of Pine Ridge and Livingston Roads, in Section 12, Township 49 South. Range 25 East. Staff Recommendation: Transmit to the Department of Community Affairs. CCPC Recommendation: Transmit to Depamnent of Community Affairs as follows: (vote 7-0). There were no public speakers at the CCPC hearing, and no correspondence has been received. CP-2001-4, D. Wayne Arnold ofQ. Grady Minor 8,: Associates representing Warstler- Schrage Development, Co., LLC, requesting an amendment to the Future Land Use Element and Future Land Use Map and map series to create the Henderson Creek Mixed Use Subdistrict allowing 325,000 square feet of commercial uses and up to 346 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 Boulevard (SR-951) and the south side of U.S. 41 East, in Section 3, Township 51 South, Range 26 East. Staff Recommendation: Transmit to the Department of Community Affairs. CCPC Recommendation: Transmit to the Department of Community Affairs, with the changes noted below (vote 6-1). There were no public speakers at the CCPC hearing, and no correspondence has been received. ~.-a.~. ..... ~- reflects changes since Transmittal [Bold Text. with underline or 2002 'i 12. 1. URBAN DESIGNATION A. URBAN-MIXED USE DISTRICT h3aqe 18, FLUE) 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 housinq 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 ........ ~..v~......q"'~- *'-.v must be in the form of a Planned Unit Development. Specific requirements and limitations ..... · Residential development shall be limited to a maximum of 500 346 dwellinq units, subiect to the Density Ratinq System. However, a minimum of 200 affordable housinq units shall be provided. Residential dwellinqs shall be limited to a maximum heiqht of three two habitable stories. 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 Park Subdistrict within the Urban Mixed-Use District, Urban Commercial District, and Urban Industrial District. Staff Recommendation: Transmit to Department of Community Affairs with minor changes for clarification, and in response to requests of the Economic Development Council (EDC), and in response to comments received from DCA. Staff recommends the text of the amendment be modified. The general description of the Research and Technology Park was modified to encourage interconnectivity and open space for the users of the park, and deletes the language specifying building coverage. Building coverage between 25% to 40% of the site is not consistent with providing "Iow structural densSty" appropriate for larger sites and discourages smaller urban infill parcels to be developed with mixed, well-integrated uses. [Bold Text. with underline or stril;ethre, ut5. reflects changes since Transmittal In addition, staff reduced the minimum size requirement from 35 to 20 acres. This change was the result of a request by the Collier County Economic Development Council (EDC) to address land availability concerns due to the competing market for high-end residential for the few remaining large parcels of land in the Coastal Urban Area. Reducing the minimum size requirement allows for more properties within the coastal Urban Area to qualify for this provision. As a result, staff also amended the text to emphasize and clarify the intent to provide internal interconnectivity and a "park-like" setting through the use of landscaping, usable outdoor spaces, and pathways, regardless of the size of the site. The requirement for "direct" access was modified to "direct principal" access, which allows for the utilization of a new or existing local road from the arterial or collector for principal access to the Park as an option. The site still must be adjacent to the collector or arterial. The maximum acreage allowed within the Urban Mixed Use District w'as increased from 500 to 1000 acres. The EDC requested this change out of a concern that the opportunity to create larger Research and Technology Parks, would be inhibited due to the 500 acre limitation. DCA's comment on ensuring that density would not increase in the Coastal High Hazard Area is addressed by tile existing provision provided for in paragraph (1.) that the new Subdistrict would be subject to the Density Rating System. Therefore. tile allowable population in the Coastal High Hazard Area is unchanged by this amendment. Regarding DCA's comment about the number of affordable housing units, it is unknown how many such units will result from this amendment. It is unknown how many rezone projects will utilize this Subdistrict, how many of those will include a residential component, and ho,,',' many dwelling units will actually be proposed in those projects. Also, minor grammatical and word choice modifications were made throughout the amendment. CCPC Recommendation: Transmit to the Department of Community Affairs subject to staffs recommended changes, and with the following three changes (vote 7-0): a) require PUD zoning instead of encouraging it; b) change minimum Park size from 20 acres to 19 acres; and, c) regarding access to an arterial or collection road, delete "driveway and/or". These changes, as well as staffs changes, are shown below. There were three public speakers at the CCPC hearing - a representative from EDC endorsing this amendment; and, a property owner and his attorney requesting the minimum size be lowered to 18 acres. No correspondence has been received. 6 [Bold Text. with underline or striketbaoulh, reflects changes since Transmittal I. A. Urban - Mixed Use District Research and TechnoloRY Park Subdistrict The Research and TechnoloRy Park Subdistrict is intended to provide for a mix of tar.qeted industry uses - aviation/aerospace industry, health technolo,qy industry, information technoloqy industry, and li.qht, Iow environmental impact manufacturinq industry and non-industrial uses, desi,qned in an attractive park-like environment '.'.'!th m ..... ,...,.., .... , ,4,..~;,¥ ,.,h,,... h,,;,,4;,.,, cc'.'cr~c ...... - where landscaped areas,_outdoor spaces and_internal interconnectivity_provide for buffering, usable open space, and a network of_pathways for the and enioyment byof,the employees, residents and patrons of the park. Research and Technoloqv 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: 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 paraqraph "d" below; and, up to 20% of the total acreaqe for workforce housinq, except as provided in para.qraph "i" below. At a minimum, 60% of the total park acreaqe must be devoted to tarqet industry uses identified in para.qraph "c' below. The specific percenta.qe and mix of each cateqory of use shall be determined at the time of rezoninq in accordance with the criteria specified in the Land Development Code. 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. The Tarqet Industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technoloclv industry,-biemedic, al and information technolo,qy industry, ies and include the followinq uses: S~oftware development and proqramminq; 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 tarqet sectors of aviation/aerospace and health, blc.,medic:! and information technoloqies; office uses in connection with on-site research; development testinq and related manufacturinq; .qeneral administrative offices of a research and development firm; educational, scientific and research or.qanizations; P-_~roduction facilities and operations. d. Non-tarqet industry uses may include hotels at a density consistent with the Land Development Code, and those uses in 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 traininq, technical conferencinq, day care center, restaurants and c°rp°rate and 'q°vernment °ffices' [Bold Text. with underline or striketSrc'~:t~, reflects changes since Transn-fittal e. When the Research and Technolo.qy 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 acrea.qe is not qreater than the amount previously zoned or desiqnated industrial. When a Research and Technolo.qy Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to those tarqet industry uses. The Planned Unit Development Ordinance or Rezonin.q 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. f. Research and Technology Parks must be a minimum of 2-0 19 acres in size. _q. Research and Technolo,qy 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 Technolo,qy Parks shall be adopted for the -- development of individual buildinq parcels and general standards shall be adopted for pedestrian and vehicular_interconnections, bufferin.q, andscapin.q, open spaces, si.qna.qe, li.qhtinq, screening of outdoor storaqe, parkinq 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 principal access to, a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a ~ :,-,d/cr local roadway connection to the arterial or collector road~ provided the portion of the local roadway intended to provide access to the Research and Technolo.qy Park is not within a residential nei.qhborhood and does not service a predominately residential area. L. Research and Technoloqy Parks shall not be located on land abuttinq residentially zoned property, unless the Park provides workforce housinq .,`4.. .... ,, ..... h .,~,,,**;,,,., ~.,,,`4~ When abuttinq residential zoned land, up to 40% of the Park's total acreaqe may be devoted to workforce housinq and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. k. Whenever workforce housin.q is provided, it shall be fully inte.qrated with -- other compatible uses in the park throu.qh mixed use buildin,qs and/or throuc~h_pedestrian and vehicular interconnections. I. Whenever workforce housinq (affordable housinq) is provided, it is allowed at a density consistent with the Density Ratin.q System. m. Buildin.q permits for non-lnd'.:'stri-"-! tarqet industry uses identified in para.qraph "d" above shall not be issued for more than 10,000 s.f. square feet of buildinq area prior to issuance of the first buildinq_permit for a tar.qet industryiat use. n. Research and Technoloqy Parks must be compatible with surroundinq land uses. o. Research and Technoloqy Parks =.~ ............ ~....v.,.~-'4 ,,.,.v must utilize PUD zoninq,. MAY 1 2002 [Bold Text. with underline or swiketSro'atk, reflects changes since Transmittal The maximum additional acrea.qe eliqible to be utilized for a Research and Technolo.qy Park Subdistrict within the Urban-Mixed Use District is 500 1000 acres, exclusive of open space and conservation areas. B. Urban Commercial District (Page 27, FLUE) 5.4. Research and Technoloclv Park Subdistrict The Research and Technoloqy Park Subdistrict is intended to provide for a mix of tar.qeted industry uses - aviation/aerospace industry, health bie4~m~Jieal technology industry, information technolo.qy industry, and li.qht, Iow environmental impact man~- and non-industrial uses d~ned in an attractive park-like environment ' ' ' ' 250/` tc '~c% .... where landscaped areas, outdoor spaces and internal interconnectivity_provide for buffering, usable open space, and a nel. work of pathways for the. and eniovment byof the employees, residents and patrons of the park. Research and Technoloqy Parks shall be allowed as a subdistrict in the Urba,'~ Commercial District subiect to the criteria set forth under the Research and Technolocl¥ Park Subdistrict in the Urban Mixed Use District. C. Urban - Industrial District 2. Research and Technoloclv Park Subdistrict The Research and Technoloqy Park Subdistrict is intended to provide for a mix of tar,qeted industry uses - aviation/aerospace industry, health biemedi~a~-technolo,q¥ industry, information technoloqy industry, and li,qht, Iow environmental impact manufacturinq industry - and non-industrial uses, ,.. .... , .... ~ d..,.~.-,y ..,h...,, desi.qned in an attractive park-like environment with ~ .... ~,,,u~-.q ....... ~ .... .q,-- ~,,-*. .... n '~.L *,, ,~c% --,-,~ where landscaped areas, outdoor spaces and internal interconnectivity_provide for buffering, usable open space,_and a network of pathways for the.. =nd enioyment by of the employees, residents and patrons of the park. Research and Technolo.qy Parks shall be allowed as a subdistrict in the Urban - Industrial District subiect to thu criteria set forth under the Research and Technolocly Park Subdistrict in the Urban Mixed Use District. CP-2001-6, Richard Yovanovich, Esq. of Goodlette, Coleman & Johnson, representing Hiwasse, Inc., requesting an amendment to the Future Land Use Element and Future Land Use Map and map series to establish the Livingston Road/Eatonwood Lane Commercial Infill Subdistrict to permit 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self-storage use, for the subject 12.5 acres located on the west side of Livingston Road, south of Pine Ridge Road, and no,'th of Eatomvood Lane, in Section 13, Township 49 South, Range 25 East. Staff Recommendation: Transmit to the Department of Community Affairs. [Bold Text. with underline or str:., .......... reflects changes since Transn'Uttal 2002 CCPC Recommendation: Transmit to the Department of Community Affairs with the changes noted below (vote 5-2). Their was one public speaker at the CCPC hearing; he expressed concern about this petition, and CP-2001-7, both un-reviewed amendments, and requested these two amendments be adopted by an ordinance separate from the five amendments previously transmitted to DCA. One email has been received from this same individual expressing the same concern and request. B. Urban Commercial District (Page 27, FLUE) Livin.qston Road/Eatonwood Lane Commercial Infill Subdistrict This Subdistrict consists of 12.5 acres located on the west side of Livinqston Road, south of Pine Ridqe Road, and north of Eatonwood Lane. The Subdistrict allows professional and medical offices and indoor se f-stora.qe facilities to serve surroundin.q residential areas within a convenient travel distance to the subiect property. The Subdistrict is desiqned to be compatible with nei.qhborinq commercial and residential uses. The maximum allowed development intensities include 91,000 square feet of professional or medical office use in buildin.qs containinq a maximum hei.qht of 35 feet., or 200,000 square feet of indoor self-storage area in buildinqs containinq a maximum of three stories and at a maximum hei,qht of 50 feet. Should a mix of office and indoor sell- storage facilities develop on the property, for each two square feet of indoor self-stora.qe area, one square foot of office area shall be reduced from the maximum allowable office area permitted. Access to the property within the Subdistrict shall be from Eatonwood Lane and shall be located as far to the west as reasonably possible. Addltic.",a! CP-~00]-7, Eobc~ Dum~c, A[CP, of Ho~c ~ontcs, ~c., rcprescntin~ Eichard Evans, rcqucstin~ an amcndmem [o thc Future Land Usc Element and Future Land Usc ~ap and map series to establish thc Livingston Road Commercial lnfil] Subdistfict [o 52,500 squ~rc feet o~professiona] ~nd medical o~fice uses, and non-commercial indoor s[ora~c usc b~ office buiidin~ occupants, for thc subject b acres located on the wcs[ side of LNin~s[on Eo~d, south of Eaton~ood Lane, in Section ] ~, Township 49 South, 25 East. Staff Recommendation: Transmit to the Department of Community Affairs. CCPC Recommendation: Transmit to the Department of Community Affairs (vote 7-0). There was one public speaker at the CC?C hearing; he expressed concern about this petition and CP-2001-6, both un-reviewed amendments, and requested these txvo amendments be adopted by an ordinance separate from the five amendments previously transmitted to DCA. One email has been received from this same individual expressing the same concern and request. 10 1 q 2002 [Bold Text. with underline or stril:etSrcutb,, reflects changes since Transmittal _ ENVIRONMENTAL ISSUES: There are no particular environmental issues associated with these amendments. A more detailed review will occur at the time of rezoning. HISTORICAL/ARCHEOLOGICAL IMPACT: Not applicable - none of the seven petitions are for property within an area of historical or archaeological probability. PLANNING SERVICES RECOMMENDATION: That the Board of County Commissioners review Growth Management Plan Amendments C P-2001-1 through CP-2001-7, and adopt the proposed amendments. SUBMITTED BY: REVIEWED BY: REVIEWED BY: M~C iAt~K~ND ~LL~Y, _/~ ~.~_' Date: PLANNING TECHNICIAN ' _~, ~..~ ~.b,J_z.~j/..~...~ Date: DAVID WEEKS, ACIP CHIEF PLA~ER COMPREHENSIVE PLANNING SECTION ~ _ ~~Date: STAN LITSINGER, AICP /' COMPREHENSIVE PLANNING MANAGER ./8USAN MURRAY, AICP APPROVED BY: Date: INTERIM PLANNING SERVICES DIRECTOR ~,' k~-',~--~x-~.; Date: '7',/-~';z~,,/''~ ,,JOSEPH K. SC/HMITT, ,' coMMUNIT\' DEVELOPMENT & ENVIRONMENTAL SI~RVICES DIVISION ADMINISTRATOR 11 [Bold Text, with underline or sWi~z:etk~rz'at,h,, reflects changes since Transmittal 2002 TO: FROM: DATE: RE: ELEMENTS: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL Agenda Item 8D SERVICES DIVISION PLANNING SERVICES DEPT., COMPREHENSIVE PLANNING SECTION April 1,2002 COMPREHENSIVE PLAN AMENDMENTS PETITION NUMBERS: CP-2001-1, CP-2001-2, CP-2001-3, CP-2001-4, and CP-2001-5 FUTURE LAND USE ELEMENT & FUTURE LAND USE MAP AND GOLDEN GATE AREA MASTER PLAN ELEMENT AND FUTURE LAND USE MAP PROPOSED AMENDMENTS: A. Petition CP-2001-1, R. Brace .\nderson (of Young, Van Y, ssenderp, Varnadoe & .\uderson& D. \\'avne Arnold of Q. Gradv ~hnor & _\ssociates, representing .\ssoc~ates, reqt~esti}~g an amendment to the Golden Gate .\rea Master Plan text and Golden Gate Future Land Use [']lement ,\lap to change thc desigmauon from Residential Estates Subdistrict to Neighborhood Center Subdistrict, and mod~R' standards, for 5 acres located on the northwest corner of Collier Blvd., and 11'h Y. venue S\V, m Secuon 15, Township 49 South, Range 26 East. STAFF RECOMMENDATION: transmit this petition to the DCA. Staff nov,' recommends the landscape buffer text be modified, as reflected belov*'. The deleted sentence was confusing and unclear. The intent was to 'require existing native vegetation to be retained to fulfill the buffer requirement to the extent possible, as more clearly reflected in the first added sentence. The use of existing native vegetation in its natural state helps to maintain a natural appearance along the edge of the Neighborhood Center commercial properW, which aids in maintaining the semi-rural character of the area in which the Neighborhood Center lies. The second added sentence was determined necessan.' by staff to insure the buffer intent is met; water management facilities, e.g. retention or detention area, are cleared areas used to store water - they provide open space but not a visual or noise buffer. BCC ACTION: Below is the amendment as transmitted to the DCA on November 21, 2001, as approved by the Board of Count).' Commissioners on November 13, 2001, and as nov,' recommended by staff: [Bold strike through and underline text reflects stafPs recommended changes.] MAY 2002 [Words underlined are added: Words ...... ~., .~.t' .~.,,, ..... ~...,~' are deleted] I:~. [ ~r'-:' 1 GOLDEN GATE AREA MASTER PLAN 2. ESTATES DESIGNATION (page 25, GGMP) 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 24,4 gross acres unless the lot is considered a legal non- conforming lot of record. 2) Neiqhborhood 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-I ~,~° 114 ,~,,~'- .,,4 ,~.~.,,~ ,.~'~,,~/° v, ~'~ T....-*, ,~. ~, ~'~,~, Unit 26, Golden Gate Estates are included in this node as eligible for commercial development. The S!/2 of Tr3ct ! !3 end the E1/2 of Tract 107, Unit 26 crc 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 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 C-3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991 ). [Words underlined are added: Words gtr'.:ck through are deleted] MAY I 2002 · Future commercial uses are limited to the intersection of Pine Ridge Road and CRo951. 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. · Projects shall provide a 25-foot wide landscape buffer abuttinq the external riqht of way. This buffer shall contain two staqqered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedqe at least 24 inches in height at time of plantinq and attaininq a minimum of three feet i~ heiqht within one year. ''~ ~; ; .......... be~pcev~. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meanderinq bed of shrubs and qround covers other than qrass. Existinq native ve,qetation must be retained within this 25 foot wide buffer area and must be au.qmented as necessary to achieve this buffer requirement. No water mana.qement facilities shall be allowed in this buffer area. For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11lb Avenue S.W. Aisc, vehicular interconnection shall be provided to the adiacent property(s) in the Neiqhborhood Center. Bo Petition CP-2001-2, Karen Bishop of PSIS, Inc., of Naples representing BucMev Enterprises, requesting an amendment to the Future Land Use Element and Future Land Use Slap to create the Bucklev Mixed Use Subdistnct alloxx4ng 172,500 sq. ft. of office and retail commercial uses, and 345 dwelling units, and changing the designation from Urban Residential Subdistrict to Buck.lev S[Lxed Use Subdistnct, for 22.84 acres located on the west side of ~irport-Pull~ng Road, 300' north of Orange Blossom Drive, in Secuon 2, Township 49 South, Range 25 East. [Words underlined are added; Words gtr'..'cl; tSraagh are deleted} MAY 1 2002 STAFF RECOMMENDATION: transmit this petition to the DCA. BCC ACTION: Below is the amendment as transmitted to the DCA on November 21, 2001, as approved bv the Board of Count' Commissioners on November 13, 2001: FUTURE LAND USE ELEMENT 1. URBAN DESIGNATION A. URBAN MIXED-USE DISTRICT (page 18 FLUE) 11. 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 proiect 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 reducinq existinq trip lengths 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 Zoninq Districts except as noted below. The development of this Subdistrict will be qoverned by the followinq criteria: a. Rezoninq is encouraqed to be in the form of a PUD. b. A unified planned development with common architectural theme, which utilizes shared parkinq and cross accesses. c. Retail uses will be capped at a maximum of 3,250 square feet per acre for the total proiect. d. Office uses wilt be capped at a maximum of 4,250 square feet per acre for the total prolect. e. Residential development wilt be subiect to a maximum of 15 dwellinq units per 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 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 agqreqate total of 40,000 square feet retail or office uses. k. Residential units may be located throuqhout the Subdistrict. I. Inteqration of residential and office or retail uses in the same buildinq is encouraqed. A minimum of 40% of the commercial square footaqe shall be within mixed use buildinqs (residential and commercial). m. Pedestrian connections are encouraqed to all perimeter properties. n. No buildinq footprint will exceed 15,000 square feet. Common stairs, breezeways or elevators may ioin individual buildinqs No buildinq shall exceed three stories in heiqht with no allowance for ur~ I¢,r h~Jildinn p arkinq. N~.GE~,~TM [Words underlined are added: Words struck :~rc,'.-'gh are deleted] I AY I 2002 p. Ddve-throu.qh establishments will be limited to banks with no more than three drive- throu.qh lanes; these drive-throuqh lanes must be architecturally inteqrated into the main building. q. No qasoline service stations will be permitted r. All buildinqs will be connected with pedestrian features. s. A twenty-foot wide landscape Type D buffer shall be required alonq Airport-Pulling Road. A twenty- foot wide Type C landscape buffer shall be required alonq all other perimeter property lines. t. Parkin.q 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: II IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES Policy 1.1: (PAGE 10, FLUE) 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. Buckley Mixed-Use Subdistrict FUTURE LAND UES DESIGNATION DESCRIPTION SECTION I. URBAN DESIGNATION (page 17, FLUE) 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 witl 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. MAY 14 2O02 [~ ords underlined are added: Words ............. ...... ~ ,u ..... e,,u are deleted] ]_ Pg. //(~._, 5 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 Buckle¥ 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 (page 25, FLUE) 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 subiect to the Density Ratinq System, but is subject to the densities established by this subdistrict. B. URBAN COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict (page 27, FLUE) 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. Co Petition CP-2001-3, Karen Bishop of PMS, Inc., of Naples representing Bucktev Enterprises, requesting an amendment to the Future Land Use Element and Future Land Use Map to create the Bucldev MLxed Use Subdistrict allowing 172,500 sq. ft. of office and retail commercial uses, and 345 dwelling units, and changing the designauon from Urban Residential Subdistrict to Buc'klev Mixed Use Subdistrict, for 22.84 acres located on the west side of _Mrport-Pull~ng Road, Orange Blossom Drive, in Secuon 2, Township 49 South, Range 25 E: ;t. NAY 1 q 2002 [Words underlined are added: Wordso,. ...... ~..~' ,u.... ..... -.~e..u are deleted] 6 STAFF RECOMMENDATION: transmit this petition to the DCA. BCC ACTION: Below is the amendment as transmitted to the DCA on November 21, 2001, as approved by the Board of Count3.' Commissioners on November 13, 2001: FUTURE LAND USE ELEMENT B. URBAN COMMERCIAL DISTRICT Livin,qston/Pine Ridge Commercial Infill Subdistrict (page 31, FLUE) 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 Livinqston 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 welt-planned access points to improve current and future traffic flows in the area. a. Southeast Quadrant If permitted by the South Florida Water Manaqement District, emerqency 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 alonq Livinqston Road. Interconnection to adiacent properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoninq action relatinq to the subject property. Buildinq height is limited to one story with a 35 foot maximum for all retail and qenerat commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum heiqht. Any project developed in this Subd!strict Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footaqe does not exceed 125,000 square feet. A minimum 50-foot buffer of existing native veqetation will be preserved alonq all project boundaries located adiacent to area zoned aqriculturai. b. Northwest Quadrant The feasibility of interconnections to the adjacent properties to the North and West will be considered and, if deemed feasible, will be required durinq the rezoninq of the subject property. This quadrant shall be limited to general and medical office uses, provided that the total building square footaqe does not exceed 40,000 square feet. Buildinq heiqht shall be limited to three stories with a 50 foot maximum heiqht. [Words underlined are added: Words struck through are deleted] ,MAY 1 z, 2002 Petition CP-2001-4, D. \Vavne Arnold of Q. Gradv Minor & Associates representing Warsfler-Schrage Development Co., LLC, requesting an amendment to the Future Land Use Element and Future Land Use Slap to create the Henderson Creek MLxed 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 MLxed Use Subdistrict, for 83 acres located on the east side of Collier Blvd. (CR-951) and the south side of U.S. 41, in Section 3, Township 51, South, Range 26 East. STAFF RECOMMENDATION: transmit this petition to the DCA. BCC ACTION: Below is the amendment as transmitted to the DCA on November 21, 2001, as approved bv the Board of Count).' Commissioners on November 13, 2001: FUTURE LAND USE ELEMENT 1. URBAN DESIGNATION A. URBAN-MIXED USE DISTRICT {pa.qe 18, FLUE) 12. 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 neiqhborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of workforce housinq 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 "reqional commercial" is defined as: Retail uses typically dominated by larqe anchors, includinq discount department stores, off-price stores, warehouse clubs, and the like, some of which offer a larqe selection in a particular merchandise cateqory. Reqional retail uses also typically utilize square footaqes ranqinq from 20,000 to over 100, 000 square feet. Reclional commercial uses qenerally 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 (SR 951) 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 qross [Words underlined are added: Words ~truck thrc'cg~ are deleted] ~ MA~ 1 ~ 2002 · The maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning District. · At least one reqional commercial use is required to occupy a minimum of 100,000 square feet of qross leasable floor area. Each remaininq reqional commercial use must occupy a minimum of 20,000 square feet of .qross leasable floor area. · Non-reqional commercial uses prohibited in this Subdistrict include grocery stores, fitness centers, auto repair, auto sales, and personal service uses. · Non-reqional 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. 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 buildinqs with a maximum heiqht of 35 feet. · Residential development shall be limited to a maximum of 500 dwellinq units, subiect to the Density Ratinq System. However, a minimum of 200 affordable housinq units shall be provided. Residential dwellinqs 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: II IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES Policy 1.1: (page 10, FLUE) 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. Vanderbitt Beach/Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed-Use Subdistrict FUTURE LAND USE DESIGNATION DESCRIPTION SECTION I. URBAN DESIGNATION (page 17, FLUE) 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 inten ive land uses be located within them. [Words underlined are added: Words ...... ,. a. ..... ~' are deleted] MAY 194 2002 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. B. URBAN COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict (page 27, FLUE) 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. Eo Petition CPo2001-5, Comprehensive Planning Secuon, representing the Board of Count Commissioners, requesting an amendment to the Future Land Use Element to establish the Research and TechnologT Park Subdistrict xx4thin the Urban MLxed Use District. [Words underlined are added: Words ~truck thrcu~'h are deleted] MAY 14 2002 pg._ - STAFF RECOMMENDATION: transmit this petition to the DCA. Staff now recommends the text of the amendment be modified. The general description of the Research and Technology Park was modified to encourage interconnectivity and open space for the users of the park, and deletes the language speci~,ing building coverage. Building coverage between 25% to 40% of the site is not consistent with providing "low structural densit)"' appropriate for larger sites and discourages smaller urban infill parcels to be developed with mixed, well-integrated uses. In addition, staff reduced the minimum size requirement from 35 to 20 acres. This change was the result of a request by the Collier County.- Economic Development Council (EDC) to address land availabilit), concerns due to the competing market for high-end residential for the few remaining large parcels of land in the Coastal Urban Area. Reducing the minimum size requirement allows for more properties v,4thin the coastal Urban Area to qualify for this provision. As a result, staff also amended the text to emphasize and clariS' the intent to provide internal interconnectivity and a "park-like" setting through the use of landscaping, usable outdoor spaces, and pathways, regardless of the size of the site. The requirement for "direct" access was modified to "direct principal" access, which allows for the utilization of a new or existing local road from the arterial or collector for principal access to the Park as an option. The site still must be adjacent to the collector or arterial. The maximum acreage allowed within the Urban Mixed Use District was increased from 500 to 1000 acres. The EDC requested this change out of a concern that the opportunit3.' to create larger Research and Technology Parks, would be inhibited due to the 500 acre limitation. DCA's comment on ensuring that density would not increase in the Coastal High Hazard Area is addressed by the existing provision provided for in paragraph (1.) that the new Subdistrict would be subject to the Density Rating System. Therefore, the allowable population in the Coastal High Hazard Area is unchanged by this amendment. Regarding DCA's comment about the number of affordable housing units, it is unknown hog' many such units will result from this amendment. It is unknown hog' many rezone projects will utilize this Subdistrict, hog' many of those ~411 include a residential component, and how many dwelling units will actually be proposed in those projects. Also, minor grammatical and word choice modifications were made throughout the amendment. BCC ACTION: Below is the amendment as transmitted to the DCA on November 21, 2001, as approved by the Board of Count)' Commissioners on November 13, 2001, and as now recommended by staff: [Bold, strike through and underline text reflects staff's recommended [Words underlined are added: Words gtr~ck tSrcgg5 are deleted] ~-hantre~.l NAY 2002 FUTURE LAND USE ELEMENT URBAN DESIGNATION A. Urban -Mixed Use District (page 18, FLUE) 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 technoloqy industry1 information technoloqy industry, and liqht, Iow environmental impact manufacturinq industry and non-industrial uses, desiqned in an attractive park-like environment '";*" ' ..... * .... * .... , .4..,...;%....~.~.~..,,..,,4:.,,., ccv:r:~= '. :.".~..~ ..... ~.~,:.::..., _'~°/- .... *c ........ ,~ ~°/- "'-~ where landscaped areas, outdoor spaces and internal interconnectivity_provide for bufferin.q, usable open space, and a network of pathways for the a~t-enjoyment byof the employees, residents 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 District1 the specific uses set forth below, and shall comply with the followinq qeneral conditions: Research and Technoloqy Parks shall be permitted to include up to 20% of the total acreaqe for non-tarqet industry uses of the type identified in "d" below; and, up to 20% of the total acreaqe for workforce housinq, except as provided in paragraph 'T' below. At a minimum, 60% of the total park acreaqe must be devoted to target industry uses identified in "c" below. The specific percentaqe and mix of each cateqory of use shall be determined at the time of zoninq in accordance with the criteria specified in the Land Development Code. 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. The Tarqet Industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technoloqy industry,-bieme~ea4 and information technolo.qy industry ies and include the followinq uses: $~oftware development and proqramminq; internet technoloqies and electronic commerce; multimedia activities and CD-ROM development; data and information processin.q; call center and customer support activities; professional services that are export based such as laboratory research or testinq activities; light manufacturinq in the hiqh tech tarqet sectors of aviation/aerospace and health,-bieme~lieal and information technologies; office uses in connection with on-site research; development testinq and related manufacturinq; qeneral administrative offices of a research and development firm; educational, scientific and research orqanizations; P--_llroduction facilities and operations. Non-tarqet industry uses may include hotels at a density consistent with the Land Development Code and those uses in the C-1 throuqh C-3 zoninq that provide support services to the tarqet industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee traininq, tv -.hnical conferencinq, day care center, restaurants and corporate and qovernmen offic~e~'~,~.M , AY 1 2002 [Words underlined are added: Words struck .u....v_~..u are deleted] ,,~,,1~.,,.. When the Research and Technoloq¥ Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zonin.q 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. The Planned Unit Development Ordinance or Rezoninq Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. Research and Technology Parks must be a minimum of ~ 20 acres in size. Research and Technoloq¥ 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 Technoloq¥ Parks shall adopt standards for the development of individual buildinq parcels and qenerat standards for pedestrian and vehicular interconnections, bufferinq, landscapinq, open spaces, siqnaqe, liqhtinch screenin.q of outdoor storaqe, parkinq 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 principal access to, a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a driveway and/or local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area., L. Research and Technotoqy Parks shall not be located on land abutting residential zoned property, unless the Park provides workforce housinq a~ja~ .,~.,,,,.... ,~..,4~ When abuttinq residential zoned land, up to 40% of the Park's total acreaqe may be devoted to workforce housinq and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. k. Whenever workforce housin,q is provided1 it shall be fully inte,qrated with other compatible uses in the park throu,clh mixed use buildings and/or through pedestrian and vehicular interconnections, I_. Whenever workforce housinq (affordable housin.q) is provided, it is allowed at a density consistent with the Density Rating System. m._~. Buildinq permits for non-industria! target industry uses identified in paragraph "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 industryial_ use. n_. Research and Technoloqy Parks must be compatible with surroundinq land uses. o_. Research and Technoloqy Parks are encouraqed to utilize PUD zoninq. The maximum additional acrea.qe eli.qible to be utilized for a Research and Technology Park Subdistrict within the Urban-Mixed Use District is ~00 1000 acres, exclusive of open space and conservation areas. [Words underlined are added: Words ...... ~- '~' ...... t. are deleted] MAY 1~ 2002 13 B. Urban Commercial District 5.-4~. Research and Technolo.qy Park Subdistrict The Research and Technolo.qy Park Subdistrict is intended to provide for a mix of tarqeted industry uses - aviation/aerospace industry, health biomedical technoloqy industry, information technoloqy industry, and li.qht, Iow environmental impact manufacturinq industry - and non- industrial uses, desiqned in an attractive park-like environment ';;!th ~....., ~.,,..~.,; ............ ~..~ ~ o ...,.. o,:ox 0... ~,~o/_ ...,~ where landscaped areas, outdoor spaces and internal interconnectivity_provide for bufferin.q~ usable open space, and a network of pathways for the ---nd ~nioyment bvo_[ the employees, residents and patrons of the park. Research and Technoloqy 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 2. Research and Technolo.cly Park Subdistrict The Research and Technoloqy Park Subdistrict is intended to provide for a mix of tarqeted industry uses - aviation/aerospace industry, health ~technoloqy industry, information technoloqy industry, and liqht, Iow environmental impact manufacturin.q industry - and non- industrial uses, desiqned in an attractive park-like environment '.'.'!th !ct': =tr'_'ctur=! d=~=!t;' '"~'~'~....v. v bu~!d!n.q ....q" r_..."".~"~-v --...-v..~"* ...... ~/.__ .~ ,~._ ,~ ~o/_ ,..,,~ where landscaped areas, outdoor spaces and internal interconnectivity_provide for bufferin.q~ usable open space, and a network of pathways for the and enjoyment bv¢.J, the employees, residents 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 Technoloqy Park Subdistrict in the Urban Mixed Use District. [Bold strike through and underline text reflects staff's recommended changes.] 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 Infitl 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. Research and Technolo,qy Park 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 Technoloq¥ Park Subdistrict C. URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict 2. Research and Technoloqy Park Subdistrict [Words underlined are added: Words s',rucl; through are deleted] 14 Agenda Item 8D 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: 17-1& Research and Technology Park uses subiect to criteria identified in the Urban-Mixed Use DJ--strict, Urban Commercial District and Urban-Industrial District. II. III. DEPARTMENT OF COMMLTNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS, AND COMMENTS (ORC): No objections were raised by the DCA relative to the Comprehensive Plan Amendments transmitted to the Department of Community Affairs on November 21, 2001. However, they did offer the below comments. "Although the Department has no objections to the amendments, we would like to make a few suggestions regarding Amendment Case Number CP 2001-5. The buildings in th. is category will utilize 25 to 45 percent land coverage. However, in the absence of a height specification it is unclear what the intensity of development will be. Furthermore, it appears from our evaluaton that the proposal will not result in an increase in po?ulafion concentration in the coastal high hazard area. However, it would be useful to make this point clear in the amendment. Lastly, requiring that affordable housing be included in the mix of uses for this subdistrict is a very good provision since it could potentially result in increased number of affordable housing units in the County. However, the provision is vague with respect to the number of affordable housing unit that may be located." RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward amendments CP-2001-1, CP-2001-2, CP-2001-3, CP-2001-4 and CP-2001-5 to the Board of County Commissioners with a recommendation to adopt, or adopt with changes as noted earlier in this Staff Report, said amendments to the Comprehensive Plan. [Words underlined are added; Words :mack '~cugh are deleted] i f,4AY14 2002 Reviewed By: Stan~itsinger, AICP, Manager'~ Comprehensive Planning Section Agenda Item 8D Date: Date: Approved By: ,4~-~~ /~usan Murray, AICP, Interim Director Planning Services Department Date: nmunity Development and Environmental Services Division Staff Report for April 18, 2002 CPCC meeting. NOTE: This petition has been advertised for the May 14, 2002 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MR. KEN ABERNATHY, CI~AIRMAN AGE~A I~.M 4AY 14 2002 [Words underlined are added; Words :~-'-ck *~cugh are deleted] 16 Agenda Item #8.E. Memorandum TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPT., COMPREHENSIVE PLANNING SECTION DATE: March 29, 2002 RE: PETITION NO. CP-2001-6, GROWTH MANAGEMENT PLAN AMENDMENT FOR LIVINGSTON ROAD/EATONWOOD LANE COMMERCIAL INFILL SUBDISTRICT (ADOPTION HEARLYG- UNREVIEWED AMENDMENT) AGENT/APPLICANT: Agent: Richard Yovanovich. Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 Applicant/Owner: Jeff Mangan Hiwasse, Inc. 2700 Pine Ridge Road Naples, FL 34109 GEOGRAPHIC LOCATION: The subject property, containing approximately 12.5 acres, is located in the northwest corner of Eatonwood Lane and future Livingston Road, about t,~ mile south of Pine Ridge Road. It lies in Section 13, Township 49 South, Range 25 East, within the Central Naples Planning Community. {Please see Site Location Map - page 1.1 ) REQUESTED ACTION: NOTE[: This petition is an un-reviewed amendment; that is, it was not reviewed at the ¢CPC Transmittal hearing on October 18, 2001, or the BCC Transmittal hearing on November 13, :>001. Accordingly, it was not Transmitted to the Florida Department of Community Affairs for their preliminary review, so was not addressed in their ORC (Objections, Recommendations and Comments) Report. Submittal of this petition occurred on ~Tanua~y 4, 2002, os authorized by the Board of County Commissioners. This petition seeks to amend the Future Land Use Element and Future Land Use Map by: 1) establishing the "Livingston Road/Eatonwood Lane Commercial Infill Subdistrict" within the Urban Commercial District, for the subject property only; and, 2) changing the designation of the subject site from Urban Mixed Use District, Urban Residential Subdistrict, to this new Subdistrict. AGEJ%IDA~ _TE~ The proposed map amendment is to the Future Land Use Map and map series. The pro[ ~secl~6~.xt ~/q~'/ amendment is to the Urban Commercial District, as follows: I AY 2002 [words underlined are added, words ctruc~ through are deleted] , Agenda ISem #8.E. B. Urban Commercial District Livingston Road/Eatonwood Lane Commercial Infill Subdistrict [new text: page 31.1] This Subdistrict consists of 12.5 acres located on the west side of Livinqston Road, south of Pine Ridge Road, and north of Eatonwood Lane. The Subdistrict allows professional and medical offices and indoor self-storaqe facilities to serve surroundinq residential areas within a convenient travel distance to the subiect property. The Subdistrict is desiqned to be compatible with .nei.qhborinq commercial and residential uses. The maximum allowed development intensities include 91,000 S.F. of professional or medical office use in buildings containing a maximum height of 35 feet, or 200,000 S.F. of indoor self- storaqe area in buildinqs containinq a maximum of three stories and at a maximum height of 50 feet. Should a mix of office and indoor self-storaqe facilities develop on the property, for each two square feet of indoor self-storaqe area, one square foot of office area shall be reduced from the maximum allowable office area permitted. Access to the property within the Subdistrict shall be from Eatonwood Lane and shall be located as far to the west as reasonably possible. Additional access to the property, in the form of a riqht-in/riqht-out onto Livingston Road, may be allowed where compliance can be established with Collier County Access Manaqement standards. Additional text changes to the FLUE necessitated by creation of the above Subdistrict: Policy 1.1: [page 10] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 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. Livinqston Road/Eatonwood Lane Commercial Infill Subdistrict URBAN DESIGNATION 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: [page 18] 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 Subdistrict, 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 Livinqston Road/Eatonwood Lane Commercial Infill Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. ~GENOA MAYI [words underlined are added, words struck '~ ...... ..... =..~' are deleted] 2OO2 2 Agenda Item #8.E. Urban Commercial District 1. Mixed Use Activity Center Subdistrict [page 27] 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 the 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, Livinqston Road/Eatonwood Lane Commercial Infill Subdistrict, the Bayshore/Gateway Triangle Development Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. PURPOSE/DESCRIPTION OF PROJECT: To allow for limited commercial development of the site (office and indoor self-storage uses). SURROUNDING LAND USE~ ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The site is cleared of vegetation and most of the site (60%) is encumbered by an FPL easement that contains overhead power lines; zoned A, Rural Agricultural; and. designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. Under the existing FLUE designation, the site could be developed with: ( 1 ) a variety of recreational, agricultural and institutional uses, e.g. tennis club, plant nurser},', church, nursing home, day care center, social and fraternal organization; or, (2) residential development at about 4 du/a, and up to 12 du/a if developed as an affordable housing project; or, (3) essential services, e.g. fire station, government buildings, communication tower. Surrounding Lands: No~h- East - Mostly cleared land containing an overhead power line and water retention area; zoned PUD-Related Group (approved for 276 DUs at a density of 7 du/a); and, designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. To the northwest are apartments within the Related Group PUD. To the northeast, across Livingston Road, is a golf driving range designated Urban Commercial District, Livingston/Pine Ridge Commercial Infill Subdistrict. Across Livingston Road under construction, mostly undeveloped, woode~ and one single family dwelling; zoned PUD-Brynwood Preserve (approve [words underlined are added, words ctruc,u. thrcugh are deleted] pro ~A I MAY 2002 Agenda Item #8.E. DUs at a density Of 4 du/a), and A, Rural Agricultural, and PUD-Arlington Lakes (approved for 590 DUs at a density of 6 du/a); and, designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. South - Across Eatonwood Lane, a golf maintenance facility and overhead power lines; zoned PUD-Kensington Park (approved for a golf course and 570 DUs at a density of 1.5 du/a); and, designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. Further to the south is a plant nursery on lands zoned A, Rural Agricultural [the site of petition CP-2001-7]. West - Kensington High Street, then single family dwellings, then golf course; zoned PUD- Kensington Park; and, designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. STAFF ANALYSIS: Environmental Impacts: The subject site is almost completely devoid of native vegetation. It contains no jurisdictional wetlands, and there is no evidence of any listed species (endangered. threatened, etc.) on site. The site is not in close proximity to any wellfields or cones of influence, and is not within an identified area of historical or archaeological probability. Effect on High Range Population Projections: Pursuant to CIE Policy 1.1.2, a significant impact in population is a potential increase in countywide population by> 5%. As a request for non-residential development, this petition will not result in a population increase: to the contrar;y', it will result in a slight decrease in potential population. Public Facilities Impacts: All new development permitted in this Subdistrict will be non-residential. Accordingly, there will be no increased impacts upon parks and recreation facilities, rather a slight decrease. Potable water and sanitary sewer service will be provided by Collier County Public Utilities: there should be minimal impacts upon these facilities. As demonstrated by the petitioner's supporting information, a comparison of potential residential development vs. office uses reveals the office use results in a reduction in water and sewer consumption. Storm water management regulato6' requirements would not change from residential to commercial development. However, land area devoted to storm water management would likely increase as there would be an increase in impervious surface due to larger structures and parking/vehicular use areas for commercial development. There should be minimal change in impacts upon public drainage facilities. Given the small size of the subject area, there should be minimal change in impacts upon solid waste facilities. The petitioner's traffic impact analysis indicates project traffic will not affect adopted level of service standards for roads in the project's radius of development influence, and will not result in a significant impact to surrounding roads, as defined in Policies 5.1 and 5.2 of the Transportation Element; staff concurs with this conclusion. The segment of Pine Ridge Road north of the subject site (from Airport-Pulling Road to 1-75) is currently identified as a minor arterial in the Transportation Element, has an adopted LOS Standard E, and was recently widened to ~ segment of Livingston Road from Golden Gate Parkway to Pine Ridge Road is presentb. construction adjacent to the subject property as a 6-lane controlled access road with an [words underlined are added, words struck through are deleted] lanes~,~ I~... undo. lopted LOS MAY 2002 Agenda Item #8.E. Standard D; it will be initially designated as a minor arterial, the same as the other segments of Livingston Road as they are improved to a six-lane facility. APPROPRIATENESS OF CHANGE/ISSUES: The petitioner asserts that the property is no longer suitable for residential development due to the parcel's size and configuration, and its orientation to Livingston Road - a future 6-lane facility. Also, the site is impacted by the existing FPL easement comprising the western 7.55 acres of the 12.5+ acre site. The petitioner states the usable portion of the subject parcel is about 155 feet in depth from Livingston Road (about 5 acres), as only limited uses are allowed within the FPL easement. As permitted under the current future land use designation, the subject property could be developed with multi-family residential at about four du/a and, with the Affordable Housing density bonus, up to about 12 dwelling units per acre. However, staff is of the opinion that the configuration of the site, its encumbrance by an F.P.L. easement containing overhead power lines, and the future Livingston Road, would make it less desirable for a residential development. Certain nonresidential uses, such as schools, churches, recreational and public facilities, child care. social or fraternal organizations, could be developed on this site and could be compatible with the surrounding area. However. staff also acknowledges that some of these uses might also be negatively affected by the same site circumstances that make residential development less desirable. The proposed office and storage uses. generally considered to be low intensity commercial uses (based upon hours of operation, traffic volumes, light/glare, noise, odor), could be compatible with the single-family development in Kensington Park to the west given the distance separation (235 feet wide strip of the subject site under the power lines), the buffer requirements for commercial uses in the LDC, the existing buffer along the perimeter of Kensington Park, and the proposed height limitations of 35 feet and 50 feet; and, could be compatible with the undeveloped property to the north within Related Group PUD and the golf maintenance facility to the south within Kensington Park PUD; and. could be compatible with the undeveloped residential PUDs to the east {Arlington Lakes and Brynwood Preserve) given the project layout depicted on the PUD Master Plans - both show a preserve area along Livingston Road, the proposed height limitations, and the separation of Livingston Road right-of-way (120'). Further, it is acknowledged that at time of rezone a more detailed analysis of compatibility will be made. Commercial Demand Analysis: The subject site is within the Central Naples Planning Community, is bordered by the Urban Estates Planning Community to the east, and is close to the North Naples Planning Community (boundary is Pine Ridge Road, ~h mile to the north). The first chart below identifies the total commercial inventory of these three Planning Communities (C-1 thru C-5, plus PUD commercial). All five "C" commercial zoning districts permit office uses, but only C-4 and C-5 permit self-storage uses. Though it is the best readily available data, the commercial inventory is over 5 years old. The second chart identifies the estimated 2000 population, and the projected population growth in year 2005. [words underlined are added words struck through are deleted] MAY 1 q 2002 Agenda Item #8.E. COMMERCIAL INVENTORY Planning Community Total Commercial Acres Developed Com'l Acs. Undeveloped Com'l Acs. Central Naples 312 252 60 Urban Estates 374 31 343 North Naples 973 522 451 Sources: 1998 Commercial Inventory (based upon 1997 Property Appraiser data) POPULATION PROJECTIONS, April 1 Planning Community 2000 Estimate 2005 ProJection Central Naples 18,323 25,269 Urban Estates 16,713 26,430 North Naples 47,657 67,318 Source: Population Estimates and Projections prepared August 2001 by Comprehensive Planning Section Given the usable size of the subject site, approximately 5 acres, its development will not add significantly to the existing inventory of commercial zoning or development. In relation to the subject site, commercial zoning and/or GMP designations permitting commercial zoning, are located as follows: · Mixed Use Activity Center #13 lies 1 road mile to the west; · Interchange Activity Center #10 lies '/2 road mile to the east; · Mixed Use Activity Center #8 lies 3 road miles to the south; · Mixed Use Activity Center #11 lies 3 road miles to the north; and, · The Livingston/Pine Ridge Commercial Infill Subdistrict lies adjacent to the northeast. As evidenced by their proliferation in the greater Naples area in recent years, there is an apparent, viable demand for self-storage facilities. Their appearance varies from the typical 1-story CBS buildings with overhead doors reminiscent of a residential garage door, to multi-story structures with an office building-like appearance. The petitioner submitted a market conditions study that was prepared for a nearby site south of Eatonwood Lane, the site of petition CP-2001-7 which proposes similar land uses. That study examined, in the vicinity of the Pine Ridge Road/Livingston Road intersection, the existing commercial inventory, approved residential projects, and transportation network. The study suggests there is an unmet need for office uses, and that storage facilities may be an appropriate use to serve the residential projects in the surrounding area. FINDINGS AND CONCLUSIONS: · The 1998 Commercial Inventory shows an abundance of undeveloped commercial lands within the planning communities surrounding the subject site. · The subject property does not abut any commercially zoned property, and only the property to the northeast across Livingston Road (17.5 acres) is eligible for commercial zoning. · The subject property is bordered by a future 6-lane road (Livingston Road); a local street then golf maintenance facility; a residential golf course community; and, an undeveloped tract for which density was shifted to the west (Related Group PUD - La Costa Apartments). The subject 12.5-acre site is encumbered by a 7.5-acre FPL easement limiting the us~ of the site to about 5 acres, at a depth of 155 feet from Livingston Road. [words underlined are added, words struck through are deleted] HAY 1 4 2002 Agenda Item #8.E. The subject 12.5-acre site is encumbered by a 7.5-acre FPL easement limiting the usable acreage of the site to about 5 acres, at a depth of 155 feet from Livingston Road. With only about 5 usable acres, this site will not add significantly to the existing commercial inventory. · The subject site has residential development options of up to about 12 du/a with the affordable housing density bonus applied. However, due to site conditions, staff finds that the site is less desirable for a residential project. · The subject site is eligible for institutional uses (child care, churches, schools, social organizations, public and recreatiortal facilities). These uses may be compatible with surrounding land uses but are also impacted somewhat by future abutting traffic and the FPL easement. STAFF RECOMMENDATION: That the CCPC forward Petition CP-2001-6 to the BCC with a recommendation to adopt. David Weeks, AICP Chief Planner REVIEWED BY:st_a~Ai~V. . Comprehensive Planning Manager REVIEWED BY: Susan Murray, AICP %o r~ Interim Planning Services Director APPROVED BY: ~ph K S~ 9~mmunity Dev. & Environmental Svcs. DATE: DATE: DATE: Petition Number: CP-2001-6 StaffReport for April 18, 2002 CPCC meeting. NOTE: This petition has been advertised for the May 14, 2002 BCC meeting. COLLH~R COUNTY^PLANNING COMMISSION: MR. KEN ABERNATHY, CHAIRMAN [words underlined are added, words struck thrcu2h are deleted] NAY 1 2002 ,,. Agenda Item #8.F. Memorandum TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPT., COMPREHENSIVE PLANNING SECTION DATE: March 29, 2002 RE: PETITION NO. CP-2001-7, GROWTH MANAGEMENT PLAN AMENDMENT FOR LIVINGSTON ROAD COMMERCIAL INFILL SUBDISTRICT (ADOPTION HEARING- UNREVIEWED AMENDMENT) AGENT/APPLICANT: Agent: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Applicant/Owner: Richard H. Evans 2770 Eatonwood Lane Naples, FL 34105 GEOGRAPHIC LOCATION: The subject property, containing approximately 6.0 acres, is located on the west side of future Livingston Road, about 3/5 miles south of Pine Ridge Road, and south of Eatonwood Lane. It lies in Section 13, Township 49 South, Range 25 East. within the Central Naples Planning Community. (Please see Site Location Map - page 1.1 ~ REQUESTED ACTION: NOTE: This petition is on un-reviewed amendment; that is, it was not reviewed at the CCPC Transmittal hearing on October 18, 2001, or the BCC Transmittal hearing on November 13, 2001. Accordingly, it was not Transmitted to the Florida Department of Community Affairs for their preliminary review, so was not addressed in their ORC (Objections, Recommendations and Comments) Report. Submittal of this petition occurred on ~Tanuary 4, :>00:>, as authorized by the Board of County Commissioners. This petition seeks to amend the Future Land Use Element and Future Land Use Map by: 1) establishing the "Livingston Road Commercial Infill Subdistrict' within the Urban Commercial District, for the subject property only; and, 2) changing the designation of the subject site from Urban Mixed Use District, Urban Residential Subdistrict, to this new Subdistrict. MAY lq 2002 [words underlined are added, words ctr'Jc~ thr~u.~h are deleted] - I~. ~ 1 Agenda Item #8.F. The proposed map amendment is to the Future Land Use Map and map series. The proposed text amendment is to the Urban Commercial District, as follows: B. Urban Commercial District Livin.qston Road Commercial Infill Subdistrict [new text: page 31.1] This Subdistrict consists of 6.0 acres located on the west side of Livinqston Road and south of Eatonwood Lane. The Subdistrict allows professional and medical offices to serve surroundin.q residential areas within a convenient travel distance to the subiect property. Non-commercial indoor storaqe by occupants of the buildin.q(s) is also a permitted use. The Subdistrict is desi.qned to be compatible with neiqhborinq commercial and residential uses, throu.qh the development standards provided herein, alon.q with other planninq considerations. The maximum allowed development intensities include a maximum of 52,500 S.F. of professional or medical office use in buildings containinq a maximum of three stories, which could include two stories over parkin.q, and at a maximum height of 50 feet. Access to the property within the Subdistrict shall be from Livinqston Road. Additional text changes to the FLUE necessitated by creation of the above Subdistrict: Policy 1.1: [page 10] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 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. Livinqston Road Commercial Infill Subdistrict I. URBAN DESIGNATION 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: [page 18] 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 Subdistrict, 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 Livin.qston Road Commercial Infill Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. ! ~¢,.,EI~. l'rr~ B. Urban Commercial District MAY ! L~ 2002 1. Mixed Use Activity Center Subdistrict [page 27]' 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 the inter:jsectti~t~.~ major roads and on spacing criteria. There are 19 Mixed Use Activity Centers vChich cu,,,~,, I~ [words underlined are added, words struck thrcu~h are deleted] 2 Agenda Item #8.F. 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, Livin.qston Road Commercial Infill Subdistrict, the Bayshore/Gateway Triangle Development Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. PURPOSE/DESCRIPTION OF PROJECT: To allow for limited commercial development of the site (office, and indoor storage for office building occupants). SURROUNDING LAND USE~ ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The site contains a portion of a plant nursery that continues onto lands to the south, and most of the site (75%) is encumbered by an FPL easement that contains overhead power lines; zoned A. Rural Agricultural; and. designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. Under the existing FLUE designation, the site could be developed with: ( 1 ) a variety of recreational, agricultural and institutional uses. e.g. tennis club. plant nursery, church, nursing home, day care center, social and fraternal organization: or, (2} essential services, e.g. fire station, government buildings, communication tower: or. (3) residential development at 4 du/a, and up to 12 du/a if developed as an affordable housing project. Surrounding Lands: North- A golf maintenance facility and overhead power lines, then Eatonwood Lane; zoned PUD-Kensington Park (approved for a golf course and 570 DUs at a density of 1.5 du/a); and, designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. Further to the north is vacant land with overhead power lines, zoned A, Rural Agricultural [the site of petition CP-2001-6]. East - Across Livingston Road under construction, three single family dwellings, and some wooded properties; zoned A, Rural Agricultural, and PUD-Arlington Lakes (approved for 590 DUs at a density of 6 du/a); and, designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. ~ac.W.~c~l~ MAY lq 2002 [words underlined are added, words ctruck through are deleted] _ Pg. %-.-] 3 South - West - Agenda Item #8.F. The remainder of the plant nursery located on the subject site; zoned A, Rural Agricultural; designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. Kensington High Street, then single family dwellings, then golf course; zoned PUD- Kensington Park; and, designated Urban Mixed Use District, Urban Residential Subdistrict on the countywide Future Land Use Map. STAFF ANALYSIS: Environmental Impacts: The subject site is almost completely devoid of native vegetation. It contains no jurisdictional wetlands, and there is no evidence of any listed species (endangered, threatened, etc.) on site. The site is not in close proximity to any wellfields or cones of influence, and is not within an identified area of historical or archaeological probability. Effect on High Range Population Projections: Pursuant to CIE Policy 1.1.2, a significant impact in population is a potential increase in countywide population by > 5%. As a request for non-residential development, this petition will not result in a population increase; to the contrary, it ,,,,'ill result in a slight decrease in potential population. Public Facilities Impacts: All ne,,',' development permitted in this Subdistrict will be non-residential. Accordingly, there will be no increased impacts upon parks and recreation facilities, rather a slight decrease. Potable water and sanitary sewer service will be provided by Collier County Public Utilities: there should be minimal impacts upon these facilities. Storm water management regulator5' requirements would not change from residential to commercial development. However, land area devoted to storm water management would likely increase as there would be an increase in impervious surface due to larger structures and parking/vehicular use areas for commercial development. There should be minimal change in impacts upon public drainage facilities. Given the small size of the subject area, there should be minimal change in impacts upon solid waste facilities. The petitioner's traffic impact analysis indicates project traffic will not affect adopted level of service standards for roads in the project's radius of development influence, and will not result in a significant impact to surrounding roads, as defined in Policies 5.1 and 5.2 of the Transportation Element; staff concurs with this conclusion. The segment of Pine Ridge Road north of the subject site (from Airport-Pulling Road to 1-75) is currently identified as a minor arterial in the Transportation Element, has an adopted LOS Standard E, and was recently widened to 6 lanes. The segment of Livingston Road from Golden Gate Parkway to Pine Ridge Road is presently under construction adjacent to the subject property as a 6-lane controlled access road with an adopted LOS Standard D; it will be initially designated as a minor arterial, the same as the other segments of Livingston Road as they are improved to a six-lane facility. APPROPRIATENESS OF CHANGE/ISSUES' The petitioner asserts that the property is no longer suitable for residential development due to the parcel's size and configuration, and its orientation to Livingston Road - a future 6-lane facility. Also, the site is impacted by the existing FPL easement comprising 4.5 acres of the 6-acre ~ite. petitioner states the usable portion of the subject parcel is about 155 feet in depth from Lix ings~t~~. Road (about 1.5 acres), as only limited uses are allowed within the FPL easement. [words underlined are added, words struck thrcu.~h are deleted] MAY 2002 Agenda Item #8.F. As permitted under the current future land use designation, the subject property could be developed with multi-family residential at about four du/a and, with the Affordable Housing density bonus, up to about 12 dwelling units per acre. However, staff is of the opinion that the configuration of the site, its encumbrance by an F.P.L. easement containing overhead power lines, and the future Livingston Road, would make it less desirable for a residential development. Certain nonresidential uses, such as schools, churches, recreational and public facilities, child care, social or fraternal organizations, could be developed on this site and could be compatible with the surrounding area. However, staff also acknowledges that some of these uses might also be negatively affected by the same site circumstances that make residential development less desirable. The proposed office uses (and related storage uses), generally considered to be low intensity commercial uses (based upon hours of operation, traffic volumes, light/glare, noise, odor), could be compatible with the single-family development in Kensington Park to the west given the distance separation (235 feet wide strip of the subject site under the power lines), the buffer requirements for commercial uses in the LDC, the existing buffer along the perimeter of Kensington Park, and the proposed height limitations of 3 stories/50 feet; and, could be compatible with the golf maintenance facility to the north and the plant nursery to the south; and, could be compatible with the undeveloped residential Arlington Lakes PUD to the east given the project layout depicted on the PUD Master Plan - it shows a preserve area along Livingston Road, and the A-zoned lands to the east, given the proposed height limitations, and the separation of Livingston Road right-of-way (120'). Further, it is acknowledged that at time of rezone a more detailed analysis of compatibility will be made. Commercial Demand Analysis: The subject site is within the Central Naples Planning Community, is bordered by the Urban Estates Planning Community to the east, and is close to the North Naples Planning Community (boundao' is Pine Ridge Road, 3/8 mile to the north). The first chart below identifies the total commercial inventoo~ of these three Planning Communities (C- 1 thru C-5, plus PUD commercial). All five commercial zoning districts permit office uses. Though it is the best readily available data, the commercial inventor5' is over 5 years old. The second chart identifies the estimated 2000 population, and the projected population growth in year 2005. COMMERCIAL INVENTORY Plannin~l Community Total Commercial Acres Developed Com'l Acs. Undeveloped Com'l Acs. Central Naples 312 252 60 Urban Estates 374 31 343 North Naples 973 522 451 Sources: 1998 Commercial Inventory (based upon 1997 Property Appraiser data) POPULATION PROJECTIONS, April I Planning Community 2000 Estimate 2005 Projection Central Naples 18,323 25,269 Urban Estates 16,713 26,430 North Naples 47,657 67,318 Source: Population Estimates and Projections prepared August 2001 by Comprehensive Planning Se MAY 1 4 2002 t on [words underlined are added, words ctr'.'ck thrcugh are deleted] 5 Agenda Item #8.F. Given the usable size of the subject site, approximately 1.5 acres, its development will not add significantly to the existing inventory of commercial zoning or development. In relation to the subject site, commercial zoning and/or GMP designations permitting commercial zoning, are located as follows: · Mixed Use Activity Center #13 lies >1 road mile to the west; · Interchange Activity Center #10 lies >V2 road mile to the east; · Mixed Use Activity Center #8 lies 3 road miles to the south; · Mixed Use Activity Center #11 lies >3 road miles to the north; and, · The Livingston/Pine Ridge Commercial Infill Subdistrict lies 1/8 road mile to the northeast. As evidenced by their proliferation in the greater Naples area in recent years, there is an apparent, viable demand for self-storage facilities. Their appearance varies from the typical 1-story CBS buildings with overhead doors reminiscent of a residential garage door, to multi-story structures with an office building-like appearance. The petitioner prepared and submitted a market conditions study that examined, in the vicinity of the Pine Ridge Road/Livingston Road intersection, the existing commercial inventory, approved residential projects, and transportation network. That study suggests there is an unmet need for office uses, and that storage facilities may be an appropriate use to serve the residential projects in the surrounding area. FINDINGS AND CONCLUSIONS: · The 1998 Commercial Inventory shows an abundance of undeveloped commercial lands within the planning communities surrounding the subject site. · The subject property does not abut any commercially zoned property or property that is eligible for commercial zoning. · The subject property is bordered by a future 6-lane road (Livingston Road); a plant nursery with overhead power lines; a residential golf course community; and, a golf maintenance facility. · The subject 6-acre site is encumbered by a 4.5-acre FPL easement limiting the usable acreage of the site to about 1.5 acres, at a depth from Livingston Road of 155 feet. · With only about 1.5 usable acres, this site will not add significantly to the existing commercial inventory. · The subject site has residential development options of up to about 12 du/a with the affordable housing density bonus applied. However, due to. site conditions, staff finds that the site is less desirable for a residential project. · The subject site is eligible for institutional uses (child care, churches, schools, social organizations, public and recreational facilities). These uses may be compatible with surrounding land uses but are also impacted somewhat by future abutting traffic and the FPL easement. STAFF RECOMMENDATION: That the CCPC forward Petition CP~:E001-7 to the BCC with a recommendation to adopt. [words underlined are added, words ~ are deleted] 6 PREPARED BY:t~~~, ['~f~ D2"vid Weeks, AICP Chief Planner REVIEWED BY: ~ ~ Stan Litsinger, Comprehensive Planning Manager Agenda Interim Planning Services Director /JoSeph K. Schrrfitt, Administrator ,C/ommunity Dev. & Environmental Svcs. Item #8. F. DATE: ~/~/pz DATE: Y/a'/~ ~., DATE: Petition Number: CP-2001-7 Staff Report for April 18, 2002 CPCC meeting. NOTE: This petition has been advertised for the May 14, 2002 BCC meeting. COLLIER COUNTY .PLANNING COMMISSION: /4. MR. KEN ABERNATHY, CHAIRMAN CP-2001-7 Staff Rpt Adoption F, GMP Petitions, CP-2001-7, Liv Rd Com'l Infill Sub dwi [words underlined are added, words s,V-uek-threaflh are deleted] 7 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP AND MAP SERIES; AMENDING THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 provides authority for local governments to amend their respective comprehensive ptans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, and D. Wayne Arnold of Q. Grady Minor & Associates, representing LDJ Associates, have submitted an application to the Collier County Planning Services Department to amend the Golden Gate Area Master Plan Element and the Golden Gate Area Future Land Use Map and Map Series to change the designation from Residential Estates Subdistrict to Neighborhood Center Subdistrict, and modify standards, for 5 acres located on the northwest corner of Collier Blvd. (CR-951) and 11~h Avenue SW; and WHEREAS, Karen Bishop of PMS, Inc. of Naples, representing Buckley Enterprises, has submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element and Future Land Use Map and Map Series to create the Buckley Mixed Use Subdistrict allowing 171,300 square feet of office and retail commercial uses, and 345 dwelling units, and to change the designation from Urban Residential Subdistrict to the Buckley Mixed Use Subd~strict, for 22.84 acres located on the west side of Airport-Pulling Road, 300 feet north of Orange Blossom Drive; and WHEREAS, Terrance Kepple of Keppte Engineering, Inc., representing Northside Construction Company, has submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element and Future Land Use Map and Map Series to change the designation from Urban Residential Subdistrict to the Livingston/Pine Ridge Commercial Infill Subdistrict to permit a maximum of 40,000 square feet of commercial development, for 10.47 acres located on the northwest corner of Pine Ridge and Livingston Roads; and WHEREAS, Richard Yovanovich of Goodtette, Coleman and Johnson, and D. Wayne Arnold of Q. Grady Minor & Associates, representing Warstler-Schrage Development Co., LLC, have submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element and Future Land Use Map and the Henderson Creek Mixed Use Subdistrict, allowing 325,00 square fe~ Series tv cre~t~ co r~-~ I~s MAY t 2002 and up to 346 dwelling units, subject to the Density Rating System, and to change the designation from Urban Coastal Fringe Subdistrict to the Henderson Creek Mixed Use Subdistrict, for 83 acres located on the east side of Collier Blvd. (SR-951) and the south side of U.S. 41 East; and WHEREAS, the Board of County Commissioners directed staff to amend the text of the Future Land Use Element to establish the Research and Technology Park Subdistrict within the Urban Mixed-Use District; and WHEREAS, Richard Yovanovich of Goodlette, Coleman and Johnson, representing Hiwasse, Inc., have submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element and Future Land Use Map and Map Series to create the Livingston Road/Eatonwood Lane Commercial Infill Subdistrict allowing 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self-storage use, and to change the designation from Urban-Mixed Use District, Urban Residential Subdistrict to Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, for 12.5 acres located on the west side of Livingston Road, south of Pine Ridge Road, north of Eatonwood Lane; and WHEREAS, Robert L. Duane of Hole Montes, Inc., representing Richard H. Evans, has submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element and the Future Land Use Map and Map Series to create the Livingston Road Commercial Infill Subdistrict allowing 52,500 square feet of professional and medical office uses, and non-commercial indoor storage use by office building occupants, and to change the designation from Urban-Mixed Use District, Urban Residential Subdistrict, to Urban Commercial District, Livingston Road Commercial Infill Subdistrict, for 6 acres located on the west side of Livingston Road. south of Eatonwood Lane; and WHEREAS, Collier County did submit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on November 21, 2001; and WHEREAS, the Department of Community Affairs did review and did not make written objections to these amendments to the Future Land Use Element and Golden Gate Area Master Plan Element to the Growth Management Plan and transmitted its findings of no objection in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of this Future Land Use Element, Future Land Use Map and Map Series, Golden Gate Area Master Plan Element and Golden Gate Area Master Plan Future Land Use Map and Map Series amendments to the Growth Management Plan on May 14, 2002; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the Notice of Proposed Change application; the documents entitled Collier County Growth Management Plan Amendments (CP-2001-1, CP-2001-2, CP-2001-3, CP2001-4, CP-2001-5), and the other documents, testimony and infor nation~ll~EC~l]~le~ made a part of the record at the meetings of the Collier County Plannin Cor~l~0~sion held on'~ MAY lq 2002 April 18, 2002, and the Collier County Board of County Commissioners held on May 14, 2002; and WHEREAS, Collier County has added two unreviewed amendments that were not part of the November 21, 2001 submittal to the Department of Community Affairs for preliminary review, and has gathered and considered information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the Notice of Proposed Change application; the document entitled Collier County Growth Management Plan Amendment (CP-2001-6 and CP-2001-7), and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on April 18, 2002, and the Collier County Board of County Commissioners held on May 14, 2002; and WHEREAS, all applicable substantive and procedural requirements of law' have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND MAP SERIES, THE GOLDEN GATE AREA MASTER PLAN ELEMENT, AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, Future Land Use Map and Map Series, the Golden Gate Area Master Plan Element, and Golden Gate Area Master Plan Map and Map Series, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Additionally, any amendments not subsequently found in compliance by the Department of Community Affairs will not affect the validity of any other amendments. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399-2100. 2002 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 14th day of May ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DEPUTY CLERK BY: JAMES N. COLETTA Chairman Approved a.s to form and legal suffiency: PATRICK G.'~W)'-IITE' - Assistant County Attorney Adoption Ordinance CP-2001-1, CP-2001-2, CP-2001-3, CP-2001-4, CP-2001-5, CP-2001-6, and CP-2001-7 HAY 1 ~ 2002 - GOLDEN GATE MASTER PLAN ELEMENT Exhibit A CP-2001-1 2. ESTATES DESIGNATION (page 25, GGMP) 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) NeiRhborhood 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. (I) b) · The node at CR-951 and Pine Ridge Road is located on both sides of the intersection. Tracts 109 ! ~,~ ~ 114 cnd *~'"'.,,~ ,. ,,_ v,~'H/,~ ,.,~ Trc,-+,, ~, ~, ~,.,'~ Unit 26, Golden Gate Estates are included in this node as eligible for commercial development. The SI/2 cf Tract ! !3 cnd the El/2 of Tract 107, Unit 26 are is also included within this node but am is only to be used for buffer, water management and open space. 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 [Words underlined are added; Words struck thrc'.-'gh are deleted' MA'( 14 2007 · 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 C-3, zoning districts outlined in the Collier County Land Development Code (Oroirance 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. Projects shall provide a 25-foot wide landscape buffer abuttinq the external right 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 heiqht at time of planting and attaining a minimum of three feet heiqht within one year. 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 clrass. Existing native trees must be retained within this 25 foot wide buffer area to aid in achieving this buffer requirement; other existinq native veqetation is encouraqed to be retained to aid in achievinq this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in natural state, and drainaqe conveyance throuqh the buffer area shall be allowed if necessary to reach an external outfall. MAY 1 ~, 2002 [Words underlined are added; Words struck through are deleted _ pg.Z~ 2 _ I For Tract 114, Golden Gate Estates, Unit 261 access shall be restricted to 11th Avenue S.W. Also, vehicular interconnection shall be provided to the adiacet,t property(s/in the Nei.qhborhood Center. t~AY 14 2002 -.. [Words underlined are added; Words ~* .... t, ,~ ..... k deleted] 3 ............. ~,, are EXHIBIT A PETITIOI'i ~-~vvl-u~ MAP 9 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Collier County, Florido C.R. 846 C.R. 846 GOLDEN GATE BOULEVARD WHITE BLVD. SUBJECT SITE (CP-2001-01) INTERSTATE- 75 C.R. 858 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SEC'110N COMMUNITY DEVELOPMENT AND EN'VIRONMENTAL SERV1CES DrvISION F'ILE: GGFLU-CP-2OOI-O1A. DWG DATE: 9/01 GOLDEN CATE ESTA~S NEIGHBORHO00 CENTERS LEGEND NEIGHBORHOOD CENTERS PROPOSEO AD[ 28 '~ON ! EXHIBIT A PETITION CP-2001-01 GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND RESID~:N T1AI. ~411 ~ I I R£~JD£N TIAL NAPLES IMMOI(ALEE ROAD BEACH RD. GOLDEN GATE WHITE BLVD. MAP 2 GOLDEN GATE AREA FUTURE LAND USE MAP DAVIS BLVD EXT. S.R -84 I OIL RANDALL RANI)ALL COMMERCIAL DISTRICT mlBor,.!LEV A R D _1 NAPLES IMMOKALEE ROAD SUBJECT SITE (CP-2001-01) SR .-84 WELL ROAD o t MI. 2 MI. R 26 E J R 27 E L FUTURE LAND USE ELEMENT Exhibit A FUTURE LAND USE DESIGNATION DESCRIPTION SECTION CP-2001-2 1. URBAN DESIGNATION A. URBAN MIXED-USE DISTRICT (page 18 FLUE) 11. Buckle¥ 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 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, providin.q residents with a pedestrian scale development while also reducinq existinq 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 Zoninq Districts except as noted below. The development of this Subdistrict will be .qoverned by the followinq criteria: a. Rezoninq is encouraqed to be in the form of a PUD. b. A unified planned development with common architectural theme, which utilizes shared parkin.q and cross accesses. 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 for multi-family dwellinq units will be subject to a maximum of 15 dwellinq units per acre for the total project. f. Maximum lot coveraqe for buildinqs is capped at 35% for the total project. g. No more than 25% of the total built square footaqe will be devoted to sinqle stow 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 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 a.q.qreqate total of 40,000 square feet retail or office uses. k. Residential units may be located throuqhout the Subdistrict. I. Inte.qration of residential and office or retail uses in the same buildinq is encouraqed. A minimum of 40% of the commercial square footaqe shall be within mixed use buildinqs (residential and commercial}. Pedestrian connections are encouraqed to all perimeter properties. No buildinq footprint will exceed 15,000 square feet. Common stairs breezeways or elevators may join individual buildinqs [Words underlined are added; Words struck thrcu§h are deleted] HAY 1 2002 Pg. 1 o. No buildinq shall exceed three stories in hei,qht with no allowance for under buildinc~ parkin.q. p. Drive-throuqh establishments will be limited to banks with no more than three drive-throuqh lanes; these dr ve-throuqh lanes must be architecturally inteqrated into the main building. q. No .qasoline service stations will be permitted r. All buildin.qs will be connected with pedestrian features. s. A twenty-foot wide landscape Type D buffer shall be required alon,q Airpod- pulling Road. A twenty- foot wide Type C landscape buffer shall be required alonq all other perimeter property lines. t. Parkin.q 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: II IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES Policy 1.1: (PAGE 10, FLUE) 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. Buckley Mixed-Use Subdistrict FUTURE LAND UES DESIGNATION DESCRIPTION SECTION h URBAN DESIGNATION (page 17, FLUE) 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 u development; natural resources; water management; hurricane risk; existing ar [VVords underlined are added; Words ............. ~'* .... ~' *~' ..... ~,,~' are deleted] HAY 1 zt' ?00Z 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~ end 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 (page 25, FLUE) 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 subiect to the Density Rating System, except for the densities established by this subdistrict for multi-family dwellinq units. B. URBAN COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict (page 27, FLUE) 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 (¢f.z,, 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 accommoda avoid strip and disorganized patterns of commercial development, and to create points within the community. Additionally, some commercial development is allo~ [Words underlined are added; Words,,, o+ .... ,.,,,,,~' *~,, ,, ..... ~,~', are deleted] MAY 1 200,. 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. gAY 1 2002 [Words underlined are added; Words "*~., .... wv,.~' *~'., ,, ..... v~s,~-, are deleted] 4 EXHIBIT A PETITION CP-2001-02 BUCKLEY MIXED-USE SUBDISTRICT COLLIER COUNTY, FLORIDA VANDERBILT BEACH ROAD EXT. SUBJECT SITE CP-2001-02 PREPARED BY: GRAPHICS AND ~CHNICAL SUPPORT SECTION COMMUNIT~ DEVELOPMENT AND ENVIRONMENTAL SERV1CE$ DIV1SJON 0ATE: 9/01 ~]~J~: CP-2OO~-O2-A.OWG SCALE O 1OOO FT. 2000 FT. ,MAY 14 2002 Pg.? -- LEGEND JSUE]DISTRICT o~ FUTURE LAND USE ELEMENT Exhibit A FUTURE LAND USE DESIGNATION DESCRIPTION SECTION CP-2001-3 B. URBAN COMMERCIAL DISTRICT 3. LivinRston/Pine Ridqe Commercial Infill Subdistrict (page 31, FLUE) 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 Livinqston 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 Subd[ctrict 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 adjacent properties to the North and West will be considered and, if deemed feasible, will be required durinq the rezoninq of the subiect property. This quadrant shall be limited to .qeneral and medical office uses, provided that the total buildinq square footaqe does not exceed 40,000 square feet. Buildinq height shall be limited to three stories with a 50 foot maximum heiqht. ' HAY 1 2002 [Words underlined are added; Words ............. o* .... ~' *~' ..... u,,h are deleted] EXHIBIT A PETITION CP-2001-03 LIVINGSTON / PINE RIDGE COMMERCIAL INF1LL DISTRICT COLLIER COUNTY, FLORIDA SUBJECT SITE CP-2OO1-03 PREPARED Ry: C~RAPHICS AND TECHNICAL SUPPORT SECTION COMMUNIT'~ OE'v'[LOPMENT AN0 ENVIRONMENTAL SER~CES DlVlSION DATE: 9/01 FILE: CP-2001-03A.DWC SCALE 1000 FT. 2000 FT. SUBDISTRICT PROPOSED ADDITION MAY 1 4 2002 .-r. x u.I aoraB Z ~ (I: u $ 9~ J. j $ Lt ]. J SBt']. j s ~, , J ~e~c%c° j $ I. IJ J. J FUTURE LAND USE ELEMENT Exhibit A FUTURE LAND USE DESIGNATION DESCRIPTION SECTION CP-2001-4 1. URBAN DESIGNATION A. URBAN-MIXED USE DISTRICT (page 18, FLUE) 12. HENDERSON C_~REEK MIXED-USE SUBDISTRICT The Henderson Creek Mixed-Use Subdistrict consists of approximately 83 acres and is located. east of C I~evard S.R. 951 and south of U.S. 41 Ta~mi Trail ~ :['he intent of the Subdistrict is primarily to provide for a mixture of re.qional 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 neiqhborhood commercial uses. The focus of the residential component of the Subdistrict shall be ttle provision of workforce housin.q to support the commercial uses within the Subdistrict, au 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 must be in the form of a Planned Unit Development, For purposes of this Subdistrict, the term "reqional commercial" is defined as: Retail uses typically dominated by larqe 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 cate.qory. Reqional retail uses also typically utilize square footaqes ranqin.q from 20,000 to over 100, 000 square feet. Reqional commercial uses qenerally have a primary trade area of 5 to 10. miles, with a typical store separation of 5 miles for any individual re.qional 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 (SR 951~ 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 reside~tial 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 Buulevard. · Commercial uses are limited to a maximum of 40 acres and 325,000 squa, e feet of qross leasable floor area., · ~l'he maximum intensity of commercial uses are those allowed in the C-4, Genera! Commercial, Zoninq District, · At least one reqional commercial use is required to occupy a minimum of 100,000_ square feet of qross leasable floor area. Each remaininq reqional commercial uso must occupy a minimum of 20,000 square feet of qross leasable floor area. Non-reqional commercial uses prohibited in this Subdistrict include .qrocery = 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 commercial square footaqe (32,500 square feet). [Words underlined are added; words"* .... ~'*~' ..... k deleted'[ ~ ............ ~,, are HAY 1 2002 A maximum of four out-parcels are allowed, all of which must abut Collier Boulevard. All out-parcels shall provide internal vehicular access. All out-parcels are limited to non- re.qional commercial uses. No out-parcel shall exceed five acres. · Commercial development s ~,11 be restricted to one-story buildinqs with a maximum height of 35 feet. · Residential development shall be limited to a maximum of 360 dwellinq units, subiect to the Density Ratinq System. However, a minimum of 200 affordable housinq units shall be provided. · Residential dwellinqs shall be limited to a maximum height of two 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: II IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES Policy 1.1: (page 10, FLUE) 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 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION I. URBAN DESIGNATION (page 17, FLUE) 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 proximi~, which have or are projected to receive future urban suppo~ facilities and se~ices. It is intended that Urban Designated Areas accommodate.the majori~ of population gro~h and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a varie~ of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. MAY 1 2002 [~ords underlined are added; words sIrscklhro~qh are deletedl - pi.~ ~ 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 project~:d 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. B. URBAN COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict (page 27, FLUE) 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. HAY 1 ~, 2002 [Words underlined are added; words ''* .... ~'+~' ..... ~, ~r,~ deleted] EXHIBIT A HENDERSON CREEK MIXED-USE SUBDISTRICT COLLIER COUNTY, FLORIDA MAY 1 ~ 2002 j _p~. ~'~, PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT S£CTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SER~ICES DiVISI~ 0ATE: 9/01 F~LE: CP-2001-04A.DWG SCALE 1000 FT. 2000 FT, LEGEND T 47 $ ~ T 4g $ I T $0 S T $3 $ S gt ,,t S Lt {. $ Bt .!. S D6 I I $ 16 J. ] Exhibit A FUTURE LAND USE DESIGNATION DESCRIPTION SECTION CP-2001-5 I. URBAN DESIGNATION A. Urban- Mixed Use District Research and Technoloq¥ Park Subdistrict The Research and Technoloqy Park Subdistrict is intended to provide for a mix of tar.qeted industry uses - aviation/aerospace industry, health technoloc~v industrv. information technolo.q¥ industry, and light, Iow environmental impact manufacturinq industry and non-industrial uses, designed in an attractive park-like environment where landscaped areas,~outdoor spaces and internal interconnectivity provide for bufferinq, usable open space, and a network of pathways for the enioyment of the em[~lovees. residents 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 general uses allowed within each District, the specific uses set forth below, and shall comply with the followinq general conditions: Research and Technoloq¥ Parks shall be permitted to include up to 20% of the total acreaqe for non-tarqet industry uses of the type identified in paragraph "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 percentage and mix of each category of use shall be determined at the time of rezoninq in accordance with the criteria specified in the Land Development Code. 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. The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technoloq¥ industry and information technology industry, and include the followin.q uses: software development and pro.qramminq; 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 testing activities; liqht manufacturing in the high tech tarqet sectors of aviation/aerospace and health, and information technologies; office uses in connection with on-site research; development testinq and related manufacturin.q; qeneral administrative offices of a research and development firm; educational, scientific and research orqanizations; production facilities and operations. Non-tar.qet industry uses may include hotels at a density consistent with the Land Development Code1 and those uses in the C-1 throuqh C-3 Zoning Districts that provide support services to the tarqet industries such as .q~ office, banks, fitness centers, personal and professional services, medic financial and convenience sales and services, computer related busine~ [Words underlined are added; Words ctruckthrcugh are deleted] . MAY 1 20b and services, employee training, technical conferencin.q, day care center~ r-estaurants and corporate and government offices e. Then the Research and Technology Park is located within the Urban -- ~ndustrial District or includes industriall zoned land those uses allowed in the Industrial Z°~'~n.q Distr.igt shall be permitted provided that the total industrial a-crea.qe is not qreater than the amount previously zoned or designated industrial. When a Resear~s locate(lin the Umban Commercial District or Urban-Mixed u~dustrial uses shall be limited to those tarqet industry uses. The Planned Unit Development Ordinance or Rezoninq Ordinance for a Research and Technoloqy Park p~oiect shall list specifically all permitted uses and development standa,ds consistent with the criteria identified in this provision, f_. Research and Technoloqy Parks must be a minimuml~ of 19 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 -- ~evelopment of individual buildinq parcels and .qeneral standards shall be ~dopted for_pedestrian and vehicular interconnections, bufferinq, landscapinq, o~en spaces, si.qnage, liqhtin.q, screeninq of outdoor storaqe, parkinq and access manaqement. i. When located in a DiStrict other than the Urban Industrial District, the, - -Research and Technolo Park must b~d have direc~ access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connectio~ to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technoloqy Park is ~lot within a residential neiqhborhood and does not service a predominately residential area._._~ L- Research and Technolo.qy Parks shall not be located on land abutting -residentially zoned property, unless the Park provides workforce housin.q. When abuttinq residentially zoned land, up to 40% of the Park's total acruac~e may be devoted to workforce housinq and all or a portion of the workforce housinq is encouraqed to abut such adjacent land where feasible. k. ~henever workforce housinq is provided, it shall be fully inte.qrated with other -- Compatible uses in the park throuqh mixed use buildings and/or throu.qh pedestrian and vehicular interconnections. I. Whenever workforce housinq (affordable housing) is provided, it is allowed at - a density consistent with the Density Ratinq System. m._.:. Bu dinq permits for non-tarqet industry uses identified in paraqraph "d" above, shall not be issued for more than 10,000 square feet of building area prior to issuance of the first bu din.q permit for a tarqet industry use. n._, Research and Technoloqy Parks must be compatible with surroundinq land. uses, o~ Research and Technoloq¥ Parks must utilize PUD zonin_cl, The maximum additional acreage eliqible to be utilized for a Research and Technology/ Park Subdistrict within the Urban-Mixed Use District is 1000 acres, exclusive F space and conservation areas~ No. (::~/~ , HAY 1 2002 · ., .... u,~, ..... ~, deleted] ............. ~,, are [Words underlined are added; Words - B. Urban Commercial District (Page 27, FLUE) Research and Technology Park Subdistrict The Research and Technoloq¥ Park Subdistrict is intended to provide for a mix of tar.qeted industry uses - aviation/aerospace industry, health technoloq¥ industry, information technoloqy industry, and Ii(Iht, Iow environmental impact manufacturinq industry - and non-industrial uses, desi.qned in an attractive park-like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for bufferinq, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technoloq¥ Parks shall be allowed as a subdistrict in the Urban Commercial District subject to the criteria set forth under the Research and Technolo(i¥ Park Subdistrict in the Urban Mixed Use District. C. Urban- Industrial District 2. Research and Technoloov Park Subdistrict The Research and Technolo.(i¥ Park Subdistrict is intended to provide for a mix of tarqeted industry uses - aviation/aerospace industry, health_technolociv industrv, information technoloqy industry, and liqht, Iow environmental impact manufacturinq industry - and non-industrial uses, desiqned in an attractive park-like environment where landscaped areas, outdoor spaces and internal interconnectivit¥ provide for bufferinq, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technoloqy 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 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. Research and Technoloq¥ Park Subdistrict 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 Technoloq¥ Park Subdistrict [Words underlined are added; Words~.,"* .... .~,..,'-*'-., ..... w~,~', are deleted] MAY 1 q 2002 ,,[..7 3 Co 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 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: 171-3. Research and Technolo.qy Park uses subiect to criteria identified in the Urban- Mi--xed Use District, Urban Commercial District and Urban-Industrial District. [Words underlined are added; Words "'* .... ~"~' ..... ~' deleted] ............. ~.. are ~,r~o^_~J~ MAY 1 ~ 2002 CP-2001-6 B. Urban Commercial District (Page 27, FLUE) Livin.qston Road/Eatonwood Lane Commercial lnfill Subdistrict This Subdistrict consists of 12.5 acres located on the west side' of Livinqston Road, south of Pine Ridqe Road, and north of Eatonwood Lane. The Subdistrict allows professiqnal and medical offices and indoor self-storaqe facilities to serve surroundinq residential areas within a convenient travel distance to the subject property. The Subdistrict is desiqned to be compatible with neiqhborinq commercial and residential uses. The maximum allowed development intensities include 91,000 square feet of professional or medical office use in buildinqs containinq a maximum heiqht of 35 feet, or 200',000 square feet of indoor self-storaqe area in buildinqs containinq a maximum of three stories and at a maximum height of 50 feet. Should a mix of office and indoor self-storaqe facilities develop on the property, for each two square feet of indoor self-storaqe area, one square foot of office area shall be reduced from the maximum allowable office area permitted. Access to the property within the Subdistrict shall be from Eatonwood Lane and shall be located as far to the west as reasonably possible. Additional access to the property, in the form of a riqht-in/riqht-out onto Livin.qston Road, may be allowed where compliance can be established with Collier County Access Manaqement standards. ADDITIONAL TEXT CHANGES TO THE FUTURE LAND USE ELEMENT NECESSITATED BY CREATION OF THE ABOVE SUBDISTRICT: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 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. Livin.qston Road/Eatonwood Lane Commercial Infill Subdistrict I. URBAN DESIGNATION 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 Subdistrict, 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.____~L Wn_L~_q_siI~NOA MAY lq 2002 Road/Eatonwood Lane Commercial Infill Subdistrict~ and in the Bayshore/Gateway ~'riangle Redevelopment Overlay. Urban Commercial District 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 the 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, Livin.qston Road/Eatonwood Lane Commercial Infill Subdistrict, the Bayshore/Gateway Triangle Development Overlay and by Policies 4.7, 5.9, 5.10, and b.11 of the Future Land Use Element. Ord. Text for 01-6 G, Comp, Comp Plan Amendments dw/3-27-02 2002 Petition CP-2001-06 Exhibit A LIVINGSTON ROAD/ EATONWOOD LANE COMMERCIAL INFILL SUBDISTRICT COLLIER COUNTY, FLORIDA F'~P~:O BY:. GR,~#CS ~ 1T~O41,1)CAJ. S~:~T S[CTI~N COMMt~11¥ 0~'¥~2Fl~E24T ANO Di~RONka(~T,a4. ~Vl~''~ ~ 3/'02 ~ CP--200~ -OO.DWG SUBJECT SITE CP-2001-06 SCALE I I I 0 1000 FT. 2000 FT. AGE. NOA HAY I ~ 2002 LEGEND FSUBDISTRICT T$1S o~ $of! CP-2001-7 B. Urban Commercial District (Pag'~ 27, FLUE) Livin.qston Road Commercial Infill Subdistrict This Subdistrict consists of 6.0 acres located on the west side of Livin.qston Road and south of Eatonwood Lane. The Subdistrict allows professional and medical offices to serve surroundinq residential areas within a convenient travel distance to the subiect property. Non-commercial indoor storaqe by occupants of the buildinq(s} is also a permitted use. The Subdistrict is desiqned to be compatible with neiqhborin.q commercial and residential uses, through the development standards provided herein, along with other planninq considerations. The maximum allowed development intensities include a maximum of 52,500 square feet of professional or medical office use in buildinqs containinq a maximum of three stories, which could include two stories over parkinq, and at a maximum heiqht of 50 feet. Access to the property within the Subdistrict shall be from Livinqston Road. ADDITIONAL TEXT CHANGES TO THE FUTURE LAND USE ELEMENT NECESSITATED BY CREATION OF THE ABOVE SUBDISTRICT: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 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. Livinqston Road Commercial Infill Subdistrict I. URBAN DESIGNATION 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 Subdistrict, 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 Livinqston Road Commercial Infill Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. '" t A¥ 2002 ' Urban Commercial District 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 the 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, Livinqston Road Commercial Infill Subdistrict~ the Bayshore/Gateway Triangle Development Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. Ord. Text for 01-7 G, Comp, Comp Plan Amendments dw/3-27-02 AGENDA 1 2002 Petition CP-ZUUI-U/ Exhibit A LIVINGSTON ROAD COMMERCIAL INFILL SUBDISTRICT COLLIER COUNTY, FLORIDA SUBJECT SITE CP-2001-07 SCALE 1000 FT. 2000 FT. HAY 1 ~ 2002 - ~.7~ SUBDISTRICT · T 4S$ T SO $ T SI S T ~2 S ~E.NOA T S3 S EXECUTIVE SUMMARY PETITION NO. CPSS-2001-1, A SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (IMMOKALEE AREA MASTER PLAN ELEMENT) FOR EXPANSION OF THE HIGH RESIDENTIAL (HR) DISTRICT. OBJECTIVE: To obtain approval from the Board of County Commissioners for an amendment to the Immokalee Area Future Land Use Map so as to permit an expansion of the High Residential (HR) District. CONSIDERATIONS[. This petition seeks to amend the Immokalee Area Master Plan (IAMP) Future Land Use Map (see subject site location map - Exhibit A) by changing the designation of the subject site from Commerce Center - Industrial (CC-I) District to High Residential (HR) District to permit single family housing in conjunction with dormitory housing for farm workers. A companion rezone petition will follow to change the zoning from a commercial zoning district to an appropriate residential zoning district. This petition is submitted as a "small scale" Plan amendment. As such, the petition is only heard by CCPC and BCC once where it is either approved or denied; the petition is not transmitted to DCA for preliminary review and comment then subsequent adoption hearings by CCPC and BCC. The property is part of a larger 17 ± acre project that will be developed jointly by the Collier County Housing Authority and the Empowerment Alliance of SW Florida - Community Development Corporation. A portion of the 17 ± acres xvill be the site ofa domfitory for migrant farm workers. The remainder of the property, including the area that is the subject of this petition, was sold to the Empowerment Alliance for development of single-family homes and a small area was reserved for an office building. SURROUNDING LAND USE~ ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The site is undeveloped; zoned C-5 AOSD (Heavy Commercial/Agribusiness Overlay Subdistrict); and, designated CC-I (Commerce Center/Industrial) on the IAMP Future Land Use Map. Surrounding Lands: ' North- Undeveloped land; zoned C-5 AOSD (Heavy Commercial/Agribusiness Overlay Sub- District), and designated CC-I on the lAMP Future Land Use Map. The portion of this area immediately north and adjacent to the subject area is the future site of the dormitory housing. East- Undeveloped land; zoned C-5 AOSD, and designated CC-I on the IAMP Future Land Use Map. Further east is the Eastover Subdivision, also zoned C-5 AOSD and partially South - developed with residential uses. Across Rose Avenue, single family dwellings; zoned RMF-6, Residential and designated HR - High Residential on the IAMP Future Land Use Ma 2002 West - Undeveloped land planned for more single-family housing; zoned C-4 MSOSD (General Commercial Main Street Overlay Subdistrict); and designated CC-MU Commerce Center - Mixed Use on the IAMP Future Land Use Map. STAFF ANALYSIS: The proposed change will allow a maximum of 19 single-family units, aside from any density bonuses, which the applicant has given no indication will be requested. The applicant indicates that a maximum of 15 single-family lots will be created on the 2.483 acres. The amendment is expected to generate a potential population increase of approximately 74 persons. The minimal increase in population is expected to have no significant impact upon any Category A public facilities (roads, potable water, sanitary sewer, drainage, solid waste, parks and recreation facilities). Staff environmental specialists have reviewed the application regarding environmental impacts and find no consistency issues. Pursuant to Policy III.3.5 of the IAMP, this project will provide "affordable housing through non profit providers in and around the South Immokalee area that is compatible with the Redevelopment Plan." Likewise, the adopted Collier County Community Redevelopment Plan has a goal to "provide opportunities for adequate, safe, and affordable housing" and to "encourage the development of both affordable rental and home ownership through rehabilitation and new construction." A companion rezone petition has been filed, which will be the subject of a future hearing, and xvill be contingent upon the adoption of this small-scale amendment. This amendment will not become effective until 31 days after adoption, following a 30-day challenge period required by state statute. FINDINGS AND CONCLUSIONS: Based upon review of this petition, including the supporting data and analysis submitted by the petitioner, staff makes the following findings and conclusions: There is a need for safe and affordable housing in Immokalee, identified both in the Immokalee Area Master Plan as well as thc Collier County Community Redevelopment Plan. The Empowerment Alliance of Southwest Florida has as a primary goal to create economic self-sufficiency and improved qualify of life for the area's working poor by encouraging such initiatives such as affordable housing. · Vacant land available for in-fill of new single family homes is expensive and cost prohibitive for many non-profits, and much of the land has environmental constraints or remains in much needed agricultural use. · The property that is the subject of this petition is centrally located, has been made available to the Empowerment Alliance at a reasonable cost, and the required infrastructure will be supported by grants. In addition to the affordable housing benefits of this project, expansion of the provide a natural transition from an area of existing single-family homes. The impacts to public facilities and levels of service will be minimal since ti' than 2.5 acres. ~R district will AGENOA ITEM ~ sit~c0ize is less~)'~ .IAY lq 2002 2 In summary, staff believes this to be an appropriate location for a small scale amendment to change the designation of the subject site from Commerce Center- Industrial (CC-I) District to High Residential (HR) District to permit single family housing in conjunction with dormitory housing for Immokalee farm workers. STAFF RECOMMENDATION: That the CCPC for~vard Petition CPSS-2001-1 to the BCC with a recommendation of approval. CCPC RECOMMENDATION: The CCPC held their adoption hearing on April 18, 2002, and forxvarded Petition CPSS-2001-1 to the Board of County Commissioners with a recommendation of approval (vote: 7/0). There were no public speakers at the CCPC hearing, and no correspondence has been received concerning this amendment. PREPARED BY: MARLENE FOORD PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION April 23, 2002 DATE REV IE.W~D BY: DAV1D' WEEKS, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY' ~ ' S4-^N LITSINaER AICP COMPREHENSIVE PLANNING MANAGER DATE DATE ~U~SANa ].,..~IEWED BY: MURRAY, AICP " INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: J~'SJ~PH K. SCJ~MITT / ~,,~MMUNITY DEV. AND ENVIRONMENTAL SERVICES AGF-..NOA ITF. M ~ PETITION CPSS-2001-01 EXHIBIT A PREPARED BY: CRAPHICS AND T[CHNICAt. SUPPORT S[CTION COMMUNITY OFV[LO~IdF'NT AND F'N~RONM~NTAL SERVIC[S OlVl$1Ofd DATE: '~/02 FILE; IMMFLU- CPSS- 20Or - 01 .DWC SCALE 0 500 FT. 1000 FT. SUBJECT SITE (CPSS-2001-01) C.R. 846 LEGEND SMALL SCALE P.L MEMORANDUM Agenda Item 8G TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: April 4, 2002 RE: PETITION NO. CPSS-2001-1, A SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (IMMOKALEE AREA MASTER PLAN ELEMENT) FOR EXPANSION OF THE HIGH RESIDENTIAL (HR) DISTRICT. AGENT/APPLICANT: Agent: Vincent A. Cautero, AICP, Vice President of Planning Wilkison & Associates, Inc. 3506 Exchange Avenue Naples, Florida 34104 Petitioner: Barbara A. Cacchione Empowerment Alliance of SW Florida - Community Development Corporation 2400 Tamiami Trail N., Suite 300 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject property, containing approximately 2.483 acres, is located east of South First Street/Immokalee Road (CR 846), immediately north of Rose Avenue and south of East Main Street, within the Immokalee Planning Community. (Please see "Vicinity Map" - Map B). REQUESTED ACTION: This petition seeks to amend the Immokalee Area Master Plan (lAMP) Future Land Use Map (see "Future Land Use Map" - A) by changing the designation of the subject site from Commerce Center - Industrial (CC-I) District to High Residential (HR) District to permit single family housing in conjunction with dormitory housing for farm workers. A companion rezone petition will follow to change the zoning from a commercial zoning district to an appropriate residential zoning district. This petition is submitted as a "small scale" Plan amendment. As such, the petition is only heard by CCPC and BCC once where it is either approved or denied; the petition is not transmitted to DCA for preliminary review and comment then subsequent adoption hearings by CCPC and BCC. Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment, identified below, followed by staff comments in brackets [ ]. · parcel is <10 acres in size [subject site is 2.483 acres] · property was not granted a land use change within the prior 12 months [no land use change has occurred on this site since 1991 adoption of lAMP; only change to the area has been the addition of the Urban Infill and Redevelopment Area overlay, informational only and no regulatory effect] · proposed amendment doesn't involve the same owner's property within 200' of property granted a change within the prior 12 months. [no such change has occurred within 200'] · no text change to the goals, objectives and policies is involved, only a site-sl amendment to the future land use map [petitioner only requests a land use map ch~ · site is not within an Area of Critical State Concern [the site is not in ACSC] nge]l,m.- c:~.~'r') MAY 1 q 2002 p~. ~ _ for residential land use, density limit of 10 units or less per acre, except for small scale amendments that are designated in the local comprehensive plan for urban infill, urban redevelopment, downtown revitalization, transportation concurrency exception areas, or regional activity center and urban central business district. [the chan~le is a small scale amendment in an urban infill and redevelopment district, not applicable] PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to change the land use designation so as to allow single-family housing and to permit a rezoning to a residential zoning district in the High Residential (HR) District. The property is part of a larger 17 +- acre project that will be developed jointly by the Collier County Housing Authority and the Empowerment Alliance of SW Florida - Community Development Corporation. A portion of the 17 +_ acres will be the site of a dormitory for migrant farm workers. The remainder of the property, including the area that is the subject of this petition, was sold to the Empowerment Alliance for development of single-family homes and a small area was reserved for an office building. The majority of the homes are to be within the existing Commerce Center-Mixed Use (CC-MU) District, however, the strip of lots adjacent to Rose Avenue is within the Commerce Center Industrial (CC-I) District, which does not permit residential and therefore is the subject of the small-scale amendment. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subiect Site: The site is undeveloped; zoned C-5 AOSD (Heavy Commercial/Agribusiness Overlay Subdistrict); and, designated CC-I (Commerce Center/Industrial) on the tAMP Future Land Use Map. Surrounding Lands: North- Undeveloped land; zoned C-5 AOSD (Heavy Commercial/Agribusiness Overlay Sub- District), and designated CC-I on the tAMP Future Land Use Map. The portion of this area immediately north and adjacent to the subject area will also be used by the Collier County Housing Authority for farm worker dormitory housing associated with the single- family housing. North of this is the Collier County Government Annex and the Sheriff's Substation also zoned C-5 AOSD. East- Undeveloped land; zoned C-5 AOSD, and designated CC-I on the tAMP Future Land Use Map. Further east is the Eastover Subdivision, also zoned C-5 AOSD and partially developed with residential uses. South - Single family dwellings; zoned RMF-6, Residential Multifamily-6; and designated HR - High Residential on the lAMP Future Land Use Map. West - Undeveloped land planned for more single-family housing; zoned C-4 MSOSD General Commercial Main Street Overlay Subdistrict (will also need to be rezoned); and designated CC-MU Commerce Center Mixed Use on the lAMP Future Land Use Map. Further west and adjacent to Immokalee Road (CR 846) is a commercial building and several multi-family complexes. Across Immokalee Road is Carson's Addition Subdivision, which is zoned C-4 MSOSD and designated CC-MU C-~mmerce .C'er~ter - ~A Mixed Use on the lAMP Future Land Use Map. ~._ ~ 2 MAY 1 q 2002 STAFF ANALYSIS: Environmental Impacts: The subject site primarily consists Disturbed Land (FLUCFCS Code 740) and is surrounded by other Disturbed Land, Palmetto Prairie and Disturbed Palmetto Prairie containing some scattered slash and Australian pine, live oak and groundcover including saw palmetto, wiregrass and bahia grass. Development surrounds the site on three sides. No jurisdictional wetlands are evident. There is no evidence of any listed species (endangered, threatened, etc.) on site. The site is not in close proximity to any wellfields or cones of influence. Environmental specialists have reviewed the application and find no consistency issues regarding the proposed amendment to the Immokalee Area Master Plan. Public Facilities Impacts: The proposed change will allow a maximum of 19 single-family units, aside from any density bonuses, which the applicant has given no indication will be requested. The applicant indicates that a maximum of 15 single-family lots will be created on the 2.483 acres. The amendment should not generate potential for increased countywide population (or for increased Immokalee Planning Community population) greater than 5% of the population estimates as shown below. 2000 Countywide Population 251,377 5% of population = 12,569 5% of population = 1,092 19 Dus X 3,91 PPH = 74 persons* 2000 Immokalee Planning Community Population 21,845 'Based on 3.91 persons per household (PPH) for Immokalee CDP and assuming 100% occupancy, Census 2000 The minimal increase in population should have no significant impact upon parks and recreation facilities. According to the 2001 AUIR, there is sufficient countywide surplus of parks through the next 5 to 10 years. Likewise, there should be minimal impacts upon potable water, sanitary sewer and drainage facilities. The transportation analysis provided by the petitioner indicates that for the ouerall project (17 acres), including the areas that are the subject of the companion rezone, the levels of service will remain acceptable on all County roadways, however there will be a slight impact on S. First Street (CR 846) between Eustis Avenue and SR 29 during peak hour. Since the dormitory residents will utilize public transportation and migrant busses, it will contribute very little traffic impact. Thus, the majority of the traffic impact will be the result of the single-family homes. Given that the subject area is approximately one-third of the area planned for single-family residential, the actual impact to S. First Street will be less than the analysis indicates (see table below). Project Acreage to be used Percentage of Residential Acreage Single Family (CC-MU) 4.198 63% Single Family (new HR) 2.483 37% Approx. Total 6.681 100% Transportation/Access Discussion: The Transportation Planning Department has reviewed this request and has no comments However, there may be comments relevant to the proposed project at such time as same is submitted to staff for review and approval. ~t thig tlmP -- 2002 IVlAY 1 ~ ~ General Plan Consistency Comments.:_ Pursuant to Policy III.3.5 of the [AMP, this project will provide "affordable housing through non profit providers in and around the South Immokalee area that is compatible with the Redevelopment Plan." Likewise, the adopted Collier County Community Redevelopment Plan has a goal to "provide opportunities for adequate, safe, and affordable housing" and to "encourage the development of both affordable rental and home ownership through rehabilitation and new construction." Petition Analvsi~s: The petitioner indicates that the project will help the county meet it's goals of providing affordable housing in Immokalee, along with other similar projects throughout Immokalee. Single-family homes are permitted in the HR (High Residential) District provided they are compatible with the district. The single-family homes that will be permitted if this small-scale amendment is adopted, and the companion rezone approved, will be immediately across the street from a row of existing single-family homes, also within the HR (High Residential) District. The HR district will, in effect, be expanded slightly to allow these new homes. Immediately behind the homes will be a dormitory for migrant farm workers. The existing designation of CC-I could permit commercial, industrial and business park zoning, immediately adjacent to existing single-family homes. Impacts on the residential and commercial districts immediately surrounding this area could be heavy truck traffic, noise, and dust associated with high intensity commercial and/or industrial uses that would be allowed in the CC-I (Commerce Center - Industrial) District. Since the new single-family homes that will be permitted if the HR district is expanded will be part of the same project, they will serve to buffer the existing homes from any future HR use, including the planned dormitory. The companion rezone will be the subject of a future action and will be contingent upon the adoption of this small scale amendment, which will not become effective until 31 days after adoption, following a 30-day challenge period required by state statute. FINDINGS AND CONCLUSIONS.: Based upon review of this petition, including the supporting data and analysis submitted by the petitioner, staff makes the following findings and conclusions: · There is a need for safe and affordable housing in Immokalee, identified both in the InYmokalee Area Master Plan as well as the Collier County Community Redevelopment Plan. · The Empowerment Alliance of Southwest Florida has as a primary goal to create economic self-sufficiency and improved qualify of life for the area's working poor by encouraging such initiatives such as affordable housing. · Vacant land available for in-fill of new single family homes is expensive and cost prohibitive for many non-profits, and much of the land has environmental constraints or remains in much needed agricultural use. · The property that is the subject of this petition is centrally located, has been made available to the Empowerment Alliance at a reasonable cost, and the required infrastructure will be supported by grants. · In addition to the affordable housing benefits of this project, expansion of the HR district will provide a natural transition from an area of existing single-family homes. . s~ttoA r~i~ss · The impacts to public facilities and levels of service will be minimal since tl e s~t~s~z,~s/~s than 2.5 acres. 4 MAY 16 2002 In summary, staff believes this to be an appropriate location for a small scale amendment to change the designation of the subject site from Commerce Center - Industrial (CC-I) District to High Residential (HR) District to permit single family housing in conjunction with dormitory housing for hnmokalee farm workers. STAFF RECOMMENDATION: That the CCPC forward Petition CPSS-2001-1 to the BCC with a recommendation of approval. PREPARED BY: "~~ ~t-',~--l. Marlene Foord Principal Planner Stan Litsinger, AICP Comprehensive Planning Manager REVIEWED BY: ~ ~ 8~san Murray, AICP 62/'-' APPROVED BY:~ ~~ Schrm'tt, Adm~nlstrator ¢~munity Development & Environmental Services Petition Number: CPSS-2001-1 Staff Report for April 18, 2002 CPCC meeting. DATE: DATE: /-7/'-0 ¥"-~.2--- DATE: DATE: NOTE: This petition has been advertised for the May 14, 2002 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Mr. Ken Abernathy, Chairman CPSS-2001-1 StaffReport 5 PETITION CPSS-2001-01 EXHIBIT A SUBJECT SITE (CPSS-2001-01) ~ ~ c.R. 846 IR[PAREDBY: GRAPHICS AND I~CHNICAL SUPPORT SECTiON SCALE }~Y 1 ~, '~nn~ LEGEND ~ SMALL SCALE COMP PLAN AMENDMENT AREA ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN BY CHANGING THE DESIGNATION OF 2.483 + ACRES, LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST FROM COMMERCE CENTER - INDUSTRIAL (CC-I) TO HIGH RESIDENTIAL (HR); PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Collier County Board of County Commissioners adopted the Immokalee Area Master Plan on February 5, 1991; and WHEREAS, the property owners of 2.483 + acres of land have submitted a request to amend the Immokalee Area Master Plan Future Land Use Map of the Collier County Growth Management Plan; and WHEREAS, the request is for an amendment to the Immokalee Area Master Plan Future Land Use Map, involving less than 10 acres of land; and WHEREAS, the amendment does not involve a change to the text of any of the Goals, Objectives, or Policies of the Plan; and WHEREAS, pursuant to Subsection 163.3187(1)(c), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: SECTION ONE: ADOPTION OF SMALL SCALE AMENDMENT TO THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP. This Ordinance as described herein shall be known as the CPSS-2001-1, Small Scale Amendment to the Future Land Use Map of the Immokalee Area Master Plan of Collier County's Growth Management Plan. The Amendment, attached hereto and incorporated herein by reference as Exhibit A, is hereby adopted to establish the amended Future Land Use Map as a component of the Immokalee Area Master Plan, an individual element of Collier County's Growth Management Plan. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance (Sn3all Scale Amendment) shall not become effectiv, its adoption. If challenged within 30 days after adoption, this Ordinance sha effective until the State Land Planning Agency or the Administration Commi~ issues a final order determining the adopted Small Scale Amendment to be not become Dion, res~-eCtively, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: ARJORi~ M. STUDENT, Assistant County Attorney CPSS-2001-1 Adoption Ordinance MAY 14 2002 EXHIBIT A m N I%: BBB~BBrlB~BBB 591~1 I I ! I I I I I I I I I I I I I ! I WAg S.E. IMMOKALEE REVITALIZATION s3fr47SfR29E, COLLIER COUNTY, FLORIDA APPLICATION FOR PUBLIC HEARING FOR: SMALL SCALE GROVv'rH MANAGEMENT PLAN AMENDMENT PREPARED FOR: Empowerment Alliance of SW Florida Community Development Corporation 2400 Tgmiami Trail, Suite 300 Naples, Florida 34103 PREPARED BY: Vincent A. Cautero, AICP Vice President of Planning 0012.1 WILKISON & ASSOCIATES, INC. ENGINEERS, SURVEYORS & PLANNERS 3506 Exchange Ave. P.O.'Box 2710, 33975 Naples, Florida 34104 88 S. Main S~'eet, Labelle, FI~ ~ 643-6752 Telephone (863) 675-1802 Teleph ,ne _.A'~~'''' (941) 643-2404* (941) 643-5173 Fax (863) 675-1852 Fa~ · M~ 'ch 1~-,.~ · · WILKISON & ENGINEERS, SURVEYORS AND PLANNERS ; March 11, 2002 ' WA//0012.1 Ms. Marlene Foord, Principal Planner Collier County' Planning Services Department 2800 N. HorSeshoe Drive ' Naples, Florida 34104 ' RE: SE lmmokalee Revitalization Single Family Lots petition CPSS-2001-01 - Small Scale Amendment Response to Second Sufficiency Letter ~ . ~, ; . ~..... Dear Ms. Foord: ' We are in receipt of your second sufficiency letter to us dated March 6, 2002 regarding the Growth Management Plan Amendment referenced above. As requested, this package contains the original application plus two. copies. The requisite changes have made and are listed in bold type immediately following your comments. . '1.' Disclosure of Interest Information. Empowerment Alliance 'of SW Florida/Community Corporation has been added as a CorpOration; Development however, officers and stockholders have not been .listed This information is necessary so the public can understand why Barbara Cacchione is listed as the while Edward and Esmerald Serrata have signed the Letter of applicant, Olesky Authorization. List or board structure can be added after Letter of Authorization as part of Exhibit A to avoid having to reassign exhibit letters. Refer to.Exhibit a where in this section. apprOPriate Changes have been made as requested and included· as part of Exhibit A. All information has been referenced to Exhibit A. The Board members of the Empowerment Alliance of SW Florida/Community Development Corporation do not own stock in the corporation. 2. Type of Request. Narrative has now been assigned an exhibit number, however · Exhibit B is not referred to in the application.. Refer to Exhibit B where applicable in the application." . · The Narrative (Exhibit B) is referred to in the application. 3. · Required Information - Land Use. Maps are attache~ but not referred 'to in applicati[~r~ Refer to Exhibit E, Exhibit K and Exhibit L where appropriate in this sectiOn of the application. RemOve reference on map to Bethume (Bethune) ·Elementary School as .no such public sc. hool exists..On map, ]mm°kalee Middle School to the west side of N. Ninth Street. o^v, . o^v,,:,.,.,-,¥^,.,..s.,,,,. ^' w" :.( 'i - I t I I I I I I I I I I I I I L I I Maps (Exhibits, E, K, and L) are referred to in application. As requested, Bethume (Bethune) Elementary School has been removed and the location of Immokalee Middle School has been moved to the west side of N; Ninth street on the Vicinity Map. Required Information -~ Future La.nd Use Designation,.. Map provided as requested,, but' not referred to in application, Refer to Exhibit .I in this section of the application, Map (Exhibit J) is referred t° in application. Public Facilities. On Vicinity map~ move location of lm.mokalee Middle School to the west side of N. Ninth Street. The location of Immokalee'Middle School has been moved to the west side of N. Ninth Street on.the Vicinity Map. 6. Supplemental' Information, Authorization, Need reference to Exhibit A' for Letter of Letter of Authorization (Exhibit A) is referred to in application 7. Other. Remove Pre-Application notes or find a place to refer, to Exhibit G in application, . Pre-Application Notes (Exhibit G) is referred to in application. W~ trust this information will be sufficient for you to complete your review of this project. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, Vice President of Planning VAC/sg Enclosures ccJ~¢.: Fred N. Thomas, Jr., Exe~:utive DireCtor, Collier County Homing Authority, 1800 Farm Worker Wa)', !mmokalee, Florida 34142 ' '- ' cc/eric.: Barba~ A. Cacchionc, AIGP; EC Coordinator~ Empowermen~ Alliance of SW Florida, 2400 Tamiami Trail Suite 300, Naples, Florida 34103 MY0012.1 RAI to 3.1-02 Sufficiency Review Wilkison & A~ociate~, Inc. pag¢2 of 2 Mamh 11, 2002 I · · R WILKISON & iENGINEEI'~, SURVEYORS AND PLANNERS March 1, 2002 I WA #0012.1 I I I I I Ms. Marlene Foord, Principal Planner Collier County Planning Services Department 2800 N. Horseshoe Drive Naples, Florida 34104 SE Immokalee Revitalization Single Family Lots CPSS-2001-01 - Small Scale Amendment Dear Ms. Foord: We are in receipt of your sufficiency letter to us: dated January 29,' 2002 regarding the Growth Management Plan Amendment referenced above. As' requested, this Package contains the original application plus two copies. The requisite changes have made and are listed in bold type immediately following your comments. I I I I I I I General Information. The' names of the Collier County staff members Additional names have been added as appropriate. have been removed. · 2. Disclosure of Interest Information. · Information that is not applicable has been marked and clarification has been provided. Required Information - Land Use. Revised location and vicinity maps have' been added to the package at the appropriate scale and size. Attachments have relabeled and references have' been made where needed. Future Land Use Designation. A FUture Land Use Map of the area in question' has been provided at the size (8 ½ X 11) requested. Environmental. Reference has been made to the environmental report. I I I I J Public Facilities. This section has been completely revised and references and changes you requested have been made. Other. The location ofwellfields has been labeled as not applicable. 3,506 EXCHANGE AVE., NAPLES, FL 34104 941-643-2404 941-643-6752 DAVID S. WILKISON, P.E. DAVID J. HYATr, P.S.M. HORACE A. I~ecycled Paper I I I I I I I I I I I I I I I = Supplemental Information, The $3,000 filing fee has been marked not applicable and an explanation has been given of whY the $1,500 fee was not enclosed. 9. Attachments. The extraneous information regarding process has been removed. Please do not hesitate to contact me .if you have any questions. Vice President of Planning VAC/sg ,Euclosures cc,/e~c.: Fred N. Thoma& Jr., Executive Director, Collie* .County Homing Authority, 1800 Farm Worke~ Way, Immokalee, Florida 34142 , Bat'oara A. Cacchione, AICP, EC Coordinator, Empowermcnt Alliance of SW Florida, 2400 Tamiami Trail North, Suite 300, Naplex, Florida 34103 2002 Page 2 of 2 Iv[F0012.1 KAl to 1-29-O2 Sufficiency Review March' 1,2002 Wilkison & A.~oc~at~s, Inc. I · · ~ WILKISON &' I ENGINEERS, SURVEYC)I~ AND PLANNERS December 3 l, 2001 WA #0012.1 I I I I i I I I I I I I I Ms. Glenda Smith Community Development and Environmental Services Division Planning Services DePartment 2800 N. Horseshoe Drive Naples, Florida 34104 Small Scale Amendment Proposal to the Collier County Growth Management Plan Dear Ms. Smith: Attached is a completed application package for a Small Scale Amendment proposal to the County's Growth Management Plan. Since this petition involves proposed affordable housing units, we respectfully request that the application be fast-tracked in accordance with the terms of CoUnty Ordinance 89-39. · The petition involves 2.483 acres of land lying north of Rose Avenue in Immokalee, Florida. The land is currently designated CC-I (Commerce Center-Industrial) on the Future Land Use Map in the Immokalee Are Master Plan. The petition is to change the future land use category to HR (High Residential). Wilkison & Associates, Inc. represents both the buyer and seller of the prOperty. The Collier County Housing Authority entered into a contractual agreement with the Empowerment Alliance of SW Florida-CommunitY Development. Corporation on December 14, 200i to purchase' the property. Once the agreement is finalized, the Empowerment Alliance intends to develop the property into single-family lots. A companion item for a rezone of this property, and some' additional property to the south, has been filed as Well. We have been working on this project for over one year and have been in constant communication with County staff, including Marlene Foord. The Comprehensive Planning Section has agreed to initiate this petition, thus no fee was assessed. Similarly,. the Housing and Urban Improvement Department has agreed to assist the Applicants with consultant fees. I I I I The following information (1 original and 5 copies) is attached for dissemination to County staff for review: Application for a Request to Amend the Collier County Growth Plan. 3506 EXCHANGE AVE., NAPEES, FL 34104 941-643-2404 DAVID J. HYATE, P.S.M. 941-643-6752 MAY 1'4 2002 HORACE A. WILKISON, P.L.S. (RET.) DAVID S. WILKISON, P.E. I I I I I I I I ! I I I I I I l~ I 3. 4. 5. 6. 7. 8. 9. ' 10~ 11. 12. 13. Letter of Authorization Narrative for Ambndment to the Growth Management plan' Warranty Deed Sketch & Description (Exhibit A) General Location Map EnVironmental Report Pre-Application Notes Impact on'public FaCilities Traff';c ImPact Study FutureLand Use of Property and Adjacent Lands, Map & Summary of Existing Land Use & Zoning Aerial If you have questions, please do not hesitate to contact me. Sincerely, ' WILKISON & ASSOCIATES, INC. Vincent A. Cautero, AICP Vice President of Pla~nlng Enclosures cc/enc.: Fred N. Thomas,. Jr., Executive Director, Collier County Housing Authority, 1800 Farm Worker- Way, Immokalee, Florida 34142 cc/enc.: Barbara A.: Cacchione, AICP, EC Coordinator, Empowerment'Alliance of SW Florida, 2400 Tamiami Trail North, Suite 300,' Naples, Florida 34103 MAY1 ~ 2002 Page 2 of 2 GS0012.1 Growth Management Plan Amendment . Den:ember 31,2001 I Wilkison & Associate, Inc. I I I I I I I I I I I I I I I EXHIBIT A B C D E F G H I J K L LIST OF EXHIBITS DESCRIPTION Letter of Authorization Narrative for Amendment to the Growth Management Plan Warranty Deed Sketch & Description Vicinity & Location Maps Environmental Report Pre-Application Meeting Notes Impact on Public Facility Traffic Impact Study Future Land Use of Property & Adjacent Lands Map & Summary of Existing Land Use & Zoning Aerial Photograph ~_~' 19_ MAY 1 q 2002 L I I I I APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN I I I I I I I I I I I I I M~¥ 1 g 2002 I I I I I I I I I I I I I I I I I I I APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NU]V~ER PRE=APPLICATION CONFERENCE DATE DATE SUFFICIENT DATE RECEIVED This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. 941-403-2300 (Fax 941-643-6968). The applicati°n must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advert~ed for public hearing. The applicant will be. notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to.remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 (attached). If you have any questions, please contact the Comprehensive Planning Section at 941-403-2300. SUBMISSION REQUIREN[ENTS GENERAL INFORMATION A. Name of Applicant Barbara A. Cacchione Company Empowerment Alliance of SW Florida - Communi_ty Development Corporation Co Address 2400 Tamiami Trail N., Suite 300 City Naples State Florida Zip Code 34103 Phone Number 941-566-8936 FaX Number 941-649-5337 Name of Agent* Vincent A. Cautero, AICP, Vice President of Plannlng *Il-IlS WILL BE ~ PERSON CONTACTED FOR ALL BUSINESS RELATED TO ~ PEI 1'1 ION Company - Wilkison & Associates, Inc. Address 3506 Exchange Avenue City Naples State Florida Zip Code 34104 Phone Number 941-643-6752 FaX Number 941-643-5173 Name of Owner(s) of Record Empowerment Alliance of SW Florida Communi _ty Development Corporation Address 2400 Tamiami Trail N., Suite 300 City Naples State Florida Zip Code 34103 Phone Number 941-566-8930 Fax Number 941-649-5337 Name, Address and Qualifications of additional planner, architects, engineers, environmental consultants and other professionals providing information contained in this application. Wilki~on & Associates) Inc. Banmy Schmitt Summers Weaver & Partners, Inc. Vincent A. Cauter% AICP Willcison & Associates~ Inc. iared R~ Brown, E.I. Wilkison & Associates, Inc. David S. W!llci~on~ P.E. Daniel A. Snmmers, AIA Barbara Cacchione Dottle Cook William L. Hoover, AICP Fred N. Thomas~ Director F. mpowerment Alliance of aw Florida - Communit~ Dev. Corp. Empowerment Alliance of SW Florida - Corem ~;;j Hoover Planning , :'~.~' '-~' '.~/]") Collier Count), Housing Authority 0012.1341-02 Request W Amend CC Growth Management Plan Wilki.~o & AssociaIes, Inc. 2002 Page 1 ~ED - Mardl 11~2002' I I I I I I I I I I I I I I I I I DISCLOSURE OF INTEREST INFORMATION: A. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Not applicable. An individual does not own the property If the property is owned by a cORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Empowerment Alliance of SW Florida Community Development Corporation 2400 Tamiami Trail N., Suite 300 Naples, Florida 34103 Percentage of Stock Not Applicable - Nono of tho Directors own stock in the organization. 0~fcr to Exhibit A for Names& Addresses of Board Members) If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Not applicable. -The property is not in the name of a trustee. Percentage of Interest Do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Not applicable. The property is not in the name of a General or Limited Partnership. Percentage of Ownership MAY 14 2002 Page 2 0012.1 3-11-02 Request to Amend CC G-rowfh Managean~nt Plan Wilkison i~ Associate, Inc. REVISED - Marc~ 11, 20~2 I I I I I I I I I I I I I I I I I I I Eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a CorPoration, Trustee, or a Partnership, list the names of the contract purchasers below. Including the officers, stockholders, beneficiaries, or partners. Name and Address Empowerment Alliance of SW Florida - Community Development Corporation 2400 Tamiami Trail N., Suite 300 Naples, Florida 34103 Percentage of Ownership. 100% Date of Contract December 14, 2001 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corPoration, parmership, or trust. Name and Address Not applicable. No additional parties involved. Date subject property acquired [] leased [-I: 12/14/01 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: _ terminates: , or anticipated closing date . and date option Should any changes of ownership or changes in contracts for purchase 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. MAY lq 2002 Page 3 0012.1 3-1'1-0'2 Rr, quesl to Amid CC Growth Manag,mc'nt Plan Wilkison & Associates, Inc. REVISED - Mm'ch 1 I, 2002 L I I I I I I F I ! I I I I I I me DESCRIPTION OF PROPERTY Ae Co LEGAL DESCRIPTION See attached Warranty Deed (Exhibit 0 and Sketch and Description (Exhibit D) GENE1La~ LOCATION'North of Rose AVenue, east of First Street South (C.R: 846) in Immokalee, Florida PLANNING COMMUNITY Immokalee . D. TAZ 255 F. ZONING C-5 · SIZE IN ACRES_ 2.483 SURROUNDING LAND USE PATTERN _Mix of single and multi-family and commercial F~ LAND USE MAP DESIGNATION(S) CC-I TYPE A. Be OF REQUEST GROWTH MANAGEMENT PLAN ELEMENT(S) TO BE AMENDED: Recreation/Open Space Housing Element ,,. Traffic Circulation Sub-Element Aviation Sub-Element Sanitary Sewer Sub-Element Solid Waste sub-Element ~ Capital Improvement Element Mass Transit Sub-Element Potable Water Sub-Element NGWAR Sub-Element . Drainage Sub-Element CCME Element Future Land Use Element Golden Gate Master Plan x lmraokalee Master Plan (Refer to Exit[blt B for Narrative Overview) AMEND PAGE(S) OF THE ELEMENT AS FOLLOWS: (Use ~to identify language to be deleted; Use Underline to Identify language to be added). Attach additional pages if necessary. Not applicable. Petitioner is not requesting lang~_~age be changed in the Growth Management Plan. Ce De AMEND FUTURE LAND USE MAP(S) DESIGNATION FKOM cC-I TO HR AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) Not applicable. Petitioner is not requesting other maps and exhibits be. ~mended. Ee 0012.1 3-11-02 P.t. qu~'t to Amend CC Crrowth Mam~mcnt Plan Wilkison & Associs~s, Inc. DESCRIBE ADDITIONAL CHANGES REQUESTED: Not applicable. Petitioner is not requesting additional changes. · .MAY 1/~ 2002 I ! Ve REQUIRED INFORMATION NOTE: ALL AERIALS MUST BE AT A SCALE OFNO SMALLER THAN 1"=400'. AT LEAST ONE COPY REDUCED TO.$ ½" X 11" SHALL BE PROVIDED OF ALL AERIALS AND/OR MAPS. (Refer to F~lbtt G for additional Information). i I I I LAND USE X Provide general location map showing sunounclk£ developments (PUD, DRYS, existing zoning) with subject property outlined. (Refer to E.r. hl~tt E) X Provide most recent aerial of site showing subject boundaries, Sources, and date. (Refer to Exhlblt L) x Provide a map and summary table of existing land use and zoning within a radius of 300 feet ----'-- from boundaries of subject property. (Refer to Exhibit Ix') · FUTURE LAND USE DESIGNATION X Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. (Refer to Exhibit J) I I I I X * Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH TI~ FDOT- FLORIDA LAND USE, COVEK AND FORMS CLASSIlqCAITON SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. (*Not Required, however; provided for reference as Eochlbtt F). N/A Provide a ~mmmary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish CommL~sion) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.). No known plant and animal species meetlng this crtterla are located on site. Identify historic and/or archaeological sites on the subject property.. None were Identified. N/A I I I I I I I I I Do GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and (Copies attached). 1. N Y N N Collier County's Capital Improvements Element Policy 1.1.2 INSERT "Y" FOR YES OR "lq" FOR NO IN RESPONSE TO THE FOLLOWING: Is the proposed amendment located ia an Area of Critical State Concern? (Reference 9J- 11.006((1)(aXS), F.A.C.). If so, identify area located in ACSC. Is the proposed amendment directly related to a proposed Development of Regional Impact pUrSuant to Chapter 380, F.S.? (Reference 9J-I 1.006(IXa) 7.a, F.A.C.) ' Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187(1Xc), F.S.? (Reference 9J-11.006(1Xa)7.b., F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population 'by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Does the proposed land usc cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (R~ference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability' of land for the proposed use, and compatibility 'of use with surrounding land uses, and as it concerns protection' of environmentally sensitive land, ground water and natural resources. (Refe?ence Rule 9J-1 1.007, F~.C) ~?~OA lTD4 0012.1 3-11-02 ReXluest t~ Amend CC Growth Managg-,~-at Plan Wilkison & Associ~, Inc. HAY 1 2002 I I I I I I I I I ! I I ! I I I I 5 F$ PUBLIC FACILITIES Provide the existing Level of Service standard .(LOS) and document the impact the proposed change will have on the following'p~blic facilities: ~ Potable Water (per dwelling unit) 150 gpd_ Sanitary Sewer (per bedroom) - C _ Arterial & Collector Roads: Name specific road and LOS - First Street South (refer to Traffic Impact Study; see Exhibit I for conclusions) C Drainage (Urban Immokalee Basin)' - - Solid Waste Two years of constructed lined cell capacity at average disposal rate - -- Parks: Community and Regional - 1.2882 acres/lOOOpop. (comm.) 2.9412 acres/l OOO pop. (reg.) If the proposed amendment involves an increase in residential density~ or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capitol Improvement Element Policy 1.1.5) The amendment will not cause'the ublic facilities to fall below the adopted LOS. X_____ Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. (See Exhibit E). X Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medial services. (See Exhibit H with attachments). OTI~R Identify the following areas relating to the subject property: N/A Flood zone based on Flood Insurance Rate Map data (FIRM). N/A N/A N/A - N/A Location of wellfields and cones of influence, if applicable. Zoning Maps) Traffic Congestion Boundary, if applicable. (Identified on Collier County Coastal Management Boundary, if applicable. High Noise Contours (65 LDN or higher) (Identified on Collier County Zoning Maps). surrounding the Naples Airpo~ ff applicable G. SUPPLEMENTAL INFORMATION N/A $3,000.00 non-refundable filing fee, plus $30.OOj/acre for each affected acre for Future Land Use map amendments, made payable to the Board of County Commissioners due at time of submittal. N/A $1,500.00 non-refundable filing fee for a Small Scale Amendment made payable to the Board - of County Commissioners due at time of submittal. Fee not assessed since this petition ts staff inh'lated. X Proof of ownership (copy of deed). X Notarized Letter of Authorization if Agent is not the Owner. (Refer to F_~lbttA) X 1 Original and 5 complete, signed applications with ali attachments including maps, at time of submittal. Af~ sufficiency is completed, 25 copies of the complete application will be requirexL *Maps shall include: North arrow, ~arne and location of principal roadways and sha]i be I 1"=400' or at a scale as determined during the pre-application meeting. -- ------- 0012.1 3-11-02 Request to Amc'nd CC Growth Manag~-nt Plan REVII ED- March 11, 2002 I EXHIBIT A LETTER OF AUTHORIZATION I I I I I I I I I I I I I I r~ I I I I I I I I I I i I I I I LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN: I hereby authorize Vince A. Cautero AICP Vice Pr~kis°n & Associates Inc. (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. gn '~-~"~~eofOwner(s) of Rp~5~a) ---' I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. -- orr A~plicant --- Nme - ~/~ped or Printed STATE OF Florida COUNTY OF Collier ~Sib!sT;ed~f~e?~ ._ day of DwhOSE ONE OF THE FOLLOWING: o is personally known to me, Who has produced Did take an Oath Did not take an Oath NOTICE-BE AWARE THAT: as identification ~C~ ~Y S~L ' I1 LETICIA V SKIPPER NOTARY FU3 LIC STATE Ol: FLDR~A COMMISSION NO. CL-D'6SS~ MY COMMISSION EX.P. AUG. 19,2002 Florida Stature Section 837.06 - False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 ant/,,, 2_.~~. of a sixty day jail term. 0012.1 Request ~o Amid CC Growth M anagerr,~-nt Plan.doc Wilkison & A~sociat~, Inc. I'l~ I 'pa-'lget~uvt- December 27, 2001 I I I I I I I I i I I I I I I I I I EXHIBIT A The Empowermem Alliance of SW Florida is the official applicant for the Small-Scale Comprehensive Plan Amendmem. This organi?ation purchased the property fi.om the Collier County Homing Authority on December 14, 2001. The Collier County Homing Authority is developing property north of the site of the Comprehensive Plan Amendment and was involved in the decision making process for the future development of approximately 18 acres in thi.q immediate area. This developmem project comprises the SE Immokalee Revitalization Project, which contains the 2+ acres in the Comprehensive Plan Amendment application. Thus, the consulting firm, Wilkison & Associates, Inc., believed it to be appropriate to have officials from both the Collier County Housing Authority and the Empowerment Alliance of SW Florida sign the Letter of Authorization. A list of the Empowermem Alliance of SW Florida Board of Directors is attached to this Exhibit A. None of the Directors own any stock in the organization. NAY 1 ~ 2002 0012.1 Exhibit A 3-11-02 Page 1 of I Wilki~on & Associates, Inc. Mamh 11, 2002 I EMPOWERMENT ALLIANCE ~ OF SOUTHWEST FLOKIDA I I Board of Directors I I I I I Mr. Edward "Ski" Oiesky, Chairman 6001 Lake Trafford Road Immokalee, FL 34142 Phone: 941/657-2401 Fax: 941/858-2401 E-mail: iaketrafford(J~.arth link. net Mr. Frederick Small, Vice Chairman 1037 Mississippi Avenue Clewiston, FL 33440 Phone: (863)902-9423 Fax:. (863)983-567 E.mail: Immokalee Hendry I I I Ms. Denise Blanton, Secretary 14700 Imrnok, alee Road Naples, FL 34120 Phone: 941/353-4244 Fax: 941t353-7127 E-mail: cces~naples.net Mrs. Olga Hemandez, Treasurer I P.O. Box 700 Immokalee, FL 34143 phone: (941)858-3560 I Fax: (941)858-357 E-mail: olga~rcrrm.org Immokalee I I Habitat Canter, 640 Ninth Street, Immokalec, Ftorkta 34142 ' Phone: (941) 867-5466 · Fax: (941) 867-5402 · Email: ca~f~ttrato.ne: r AGENOA ~AY 1 ~ 2002 I I I I I I I I I I I I I I I I I I I Ms. Laurie Evers, Director P.O. Box 755 Felda, FL 33930 Phone: 863/675-0843 Fax: E-mail: Ms. Yolande Flores, Director 1255 North F'~eenth Street, ~r2 Immokalee, FL 34142 Phone: 941/867-2967 Fax:. 941/867-2966 E-mail: floresyo@collier, k12.fl.edu Ms. Nardina Simmons, Director 1023 Louisiana Avenue Clewiston, FL 33440 Phone: 883/983-5612 E-mail: nsim mons~,fchc, inc. on:J Immokalee immoknlee Hendry f ~A¥ 1~ 2002 I I I I I EXHIBIT B NARRATIVE FOR AMENDMENT TO THE GROWTH MANAGEMENT PLAN I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I SE IMMOKALEE REVITALIZATION S3/T47S/R29E, COLLIER COUNTY, FLORIDA NARRATIVE FOR AMENDMENT TO THE GROWTH MANAGEMENT PLAN - IMMOKALEE AREA MASTER PLAN The petition is to change 2.483 acres of land from Commerce Center - Industrial (CC-I) to High Residential (HR). The property is located on the north side of Rose Avenue east of First Street South in Immokalee, FL and is situated in the midst of a 17+/- acre project site which will developed jointly by the Collier County Housing Authority and the Empowerment Alliance of SW FL-Community Development Corporation. The Housing Authority purchased 17 +/- acres fi'om CSX Railroad on August 8, 2001 in order to develop a dormitory for migrant farmworkers north of Rose Avenue. The balance of the property is to be sold to the Empowerment Alliance and developed into single-family lots with the exception of approximately one acre which will be reserved as commercial for the construction of an office building. This project will help the County meet its stated goals of providing affordable housing in Immokalee and coincide with other developments proposed by other agencies including Habitat for Humanity (Carson Lakes, Bullard II); Harvest for Humanity (Jubilation); and Advanced Housing Corporation (Main Street Village). 2002 0012.1 Comp Plan Amemdmcnt Narrative Page I of 1 I W/lkison & A~oeiat~, Inc. E~omab~ 30, 2001 I I I I EXHIBIT C WARRANTY DEED I I I I I I i I I I I I MAY 1 4 2002 I I I I I I I I I I I I I I I I 1 THIS INSTRUMENT PREPARED BY: Kenneth lC Thompson, P.A. I 150 Lee Boulevard, Suite 1 Lehigh Acres, Florida 33936 Parcel I.D. No: 00119440001; 56402520006; .56402240001 & 00116680000 (FOR REC'ORDING INFORMATION ONLY) W~ DEED THIS INDENTURE, made this _~day of December, 2001, between COLLIER COUNTY HOUSING AUTHORITY, whose address is 1800 Farm Worker Way, lmmo, hereinafter called the "Grantor"; and EMPOWERMENT ALLIANCE OF $OUTHViEST FLORIDA COMMUNrl~ DEVELOPMENT CORPORATION, a Florida Non Profit Corporation, whose address is 2400 Tamiami Trail North, Suite 300, Naples, Florida 34103, hereinafter called the "Grantee." WITNESSETH, that the said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, to him in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, their heirs and assigns forever, the following described land, situate, and being in the County of Collier, State of Florida, to-wit: SEE EXHIBIT "A" ATFACHED HERETO .AND BY REFERENCE INCORPORATED HEREIN SUBJECT to easements, restrictions and reservations of record, as well as taxes for the current year. TO RAVE AND TO HOLD: the same in fee simple forever. AND the Grantor does hereby fully warrant the title to said land, and except as above, will defend the same against the lawful claims of all persons whomsoever. ~A¥ 1 ~ 2002 Pg. . IN WITNESS VvTIEREOF, the said Grantor has hereunto set his'haud aud seal the day aud year first above wr/tten. I Si~ed, sealed aud delivered in the presence ofi COLLIER COUNTY HOUSING AUTHORITY · . (Pdnt)~~l ~. ! I ~]..[CC {~Yc~ f~ Name: Title: i(Print) {~,,,-,,/4/fl7, . ~",~ov_ Attest: Secretary i I I I I I STATE OF FLORIDA ) ) COUNTY OF COLLIER } ,q Th,e f..ore, g~ing instnune, n,t was acku, pwledged' before.me thi~i .{/~y of December, 2001, k_7/~'LI/.~q0Cf/A, '.~,, and ?5/t(//~4 D/MeY~)Fas Chairman and Secretary, respectively, of the COLLIER ~2OUNTY ~OUSlNG AUTHoRI~, on behalf of the Housing Authority, who are Dpersonally known to me or who have produced [2Florida Driver's License Nos. OF~ICIAL NCYI'ARY SF~J~L L~TICIA V SKill'Ill CO{,O~IS61ON NO. CC7_ __~Mm4 )ax Cr~N zx~,. ^uc,.,~ 9~xu , as identification. Commission Expires: .,Z~(.j~, I I 2002 I I I I I I I I I I I I I I I I I I I Pm-eel I: Parcel H: A portion of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly de, scribed as follows: Commence at the Northeasterly comer of Lot 5, Block 1, Main Line Subdivision, as nmorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence North 88013'08" East, along the Northerly Boundary of said Block I, and the Southerly Right-of-Way Line of ?'C" Avenue, for a distance Of 125.85 feet, to a point on the Centerline of Railroad Street abandoned by resolution as recorded in O.R. Book 214, Pages 24 and 25, Public Records of Collier County, Florida; thence North 14o57'36" East, along said centerline, for a distance of 63.87 feet; to a point lying 30.00 feet northerly of when measured at a right angle to, the westerly projection of the northerly right-of-way line of Rose Avenue, thence North 88016'53' East, parallel with the northerly right-of-way line of Rose Avenue, for a distance of 100.25 feet, .to the Point of Beginning of the herein described parcel; thence continuing North 88o 16'53" East, along said parallel line, for a distance of 903.06 feet, to a point lying 25.00 feet westerly of when measured at a fight angle to the east line of the Northwesl l/4of the Southwest 1/4 of said Section 3; thence North 01 o03~20" West, parallel with the east line of the Northwest 1/4 of the Southwest I/4 of said Section 3, for a distance of I00.01 feet; thence South 88o16'53" West, for a distance ofgl 1.88 feet; thence South 14o5T36' West, for a distance of 66.77 feet to the beginning of a tangential circular curve, concave Northeasterly; thence run Southeasterly, along the arc of said curve to the left, having a radius of 28.00 feet, through a central angle of 106o40'43", subtended by a chord of 44.92 feet at a bear/ng of South 38 o22'46" East, for an arc length of 52.13 feet, to the Point of Beginning. (Containing 92,304.35 square feet or 2.12 acres, more or less) A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, together with a portion of the former Atlantic Coast Line Rail Road Right-of-Way, being more particularly described as follows: Commence at the southwest comer of Section 3, Township 47 South, Range 29 East, Collier County, Florida; thence North 87o55'33" East, along the south line of said Section 3, and the centerline of EuStis Avenue for a distance of 40.00 feet; thence North 01 o 13'42" West, for a distance of 30.00 feet, to the Point of Beginning of the herein described' parcel; thence continuing North 01 o 13'42" West, along the easterly fight-of-way line of County Road #846 Immokalee Road (First Street) for a distance of 110.95 feet; thence North 14o57'36" East, along the easterly line of Block 2 of Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida, for a distance of 543.54 feet; thence North 88o13'08" East, fora distance of 26.82 feet; thence North 14o57'36" East, for a distance of 141.48 feet; thence North 88o13'08" East, for a distance of 75.30 feet to the beginning ora tangential circular curve, concave Southwesterly; thence nm Southeasterly, along the an: of said curve to the right, having a radius of 25.00 feet, through a central angle of 106o44~28", subtended by a chord of 40.13 feet at a bearing of South 38o24'38" East, for an ~ length of 46.57 feet to the end of said curve, and a point on the Easterly Right-of-Way Line of the former Atlantic Coast Rail Road; thence South 14 o 57'36" West, along said Easterly Right-of- Way line, for a distance of 766.70 feet, to a point on the northerly right-of-way line of Eustis Avenue; thence South 87o55'33" West, along said northerly fight-of-way line of Eustis Avenue ("E' Avenue), for a distance of 103.61 feet, to the Point of Beginning. (Containing 83,237.47 square feet or 1.91 acres, more or less) i M.a¥ 1 20o2 3_. I I I ! I I I I Pm~c~l IV: Patrol 17I: A portion of the SoUthwest one-qUarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Beginning at the Southwest comer of Tract "A,' Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence South 88o 13'08" West, along the Northerly Right-of-Way line of East Delaware Avenue CD" Avenue) for a distance of 50.06 feet to the beginning of a tangential circular curve, concave Northeasterly;, thence run Northwesterly, along the are of said curve to the right, having a radius of 25.00 feet, through a 46 o01 'I 9"central angle of 9.1 o31 '07", subtended by a chord of 35.82 feet a~ a bearing of North West, for an are length of 39.93 feet to the end of said curve; thence North 00o 15'45" West, for a distance of 45.80 feet to the beginning of a tangential circular curve, concave Easterly; thence run Northerly, along the arc of sa/d curve to the right, having a radius of 70.00 feet, through central angle of I 1 o0g'32", subtended by a chord of 13.$9 feet at a bearing of North 0So 18'31" East, for an arc length of 13.61 feet to the end of said curve; ence North 10o52'47" East, for a distance of 103.58 feet to the be 'nnin o . cl~'rcular curve, concave Wester v. t~, ....... xv__,_ .... ~ g fa tangential 1~, .... ,,,~, -,~ ~t, nacriy, along ~e arc of said curve to the left, having a radi~ of 130.00 feet, through, a central angle of 11 o$1'49", subtended by a chord of 26.87 feet a~ a bearing of North 04o$6,52. East, for an arc length of 26.92 feet to the end of said curve; then North 00o59'02" West, for a distance of 201.89 feet to the beglnn/ng of ' a tangent/al circular curve, concave $outheas~rly; thence run Northeasterly, along the arc of said curve to the dight, having a radius of 25.00 feet, through a central angle subtended by a chord of 35.13 feet at a bear/rig of North 43o38'$$" East, for an arc length of 38.95 feet to the end of said curve; thence North 88o16'53" East, along the Westerly Projection of the R-/ght-of-Wa¥ line of Rose Avenue, for a distance of 150.54 feet; thence South 14o$7'36" West, along the Westerly Boundary of said Tract "A," for a distance of 458.47 feet, to the Po/hr of Beginning. (Conta/n/ng 52,601.15 square feet or 1.21 acres, more or las) A port/on of the Southeast one-quarter of Section 3, Townsh/p 47 South, Range 29 East, together with Lots 1 through 4 and Lot~-15 through 17, Block 1 of the Main Line Subdivision, according to the plat thereof as recorded'in Plat Book l, Page 98, Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Southeast comer of Lot 14, Main Line Subdivision, as recorded in Plat Book I, Page 98, Public Records of Collier County, Flor/da; thence North 0101 I'55" West, along the Easterly Boundary of Lots $ through 14, of said Ma/n Line S,u, 8801 y08" ~jvision, for a distance of 438.13 feet, to a point on the Southerly Right-of-Way line of C Avenue; thence NoYth East, along said Southerly Right-of-Way line, for a distance of 125.85 feet; thence South 00059'02" East, for a distance of 224.61 feet to the beginning 0fa tangential cLrcular curve, concave Westerly; thence run Southerly, along the arc of said curve to the r/ght, having a radius of 70.00 feet, through a cemral angle of I I o$1'49", subtended by a chord of 14.47 feet at a bearing of South 04056'52" West, for au are length of 14.49 feet to the end 0fsaid curve; thence South 10052'47" West, for a distance of 103.58 feet to the beginning of a tangential circular curve, concave Easterly; thence run Southerly, along the are of said curve to the leR, having a radius of 130.00 feet, through a central angle of I 1 o08'32", subtended y a chord of 25.24 feet at a bearing of South 05o 18'31" West, for an are length of 25.28 feet to the end of said curve; thence South 00015'45" East, for a distance of 48.7i feet to the beginning of.a tan.gential circular curve, concave Northwesterly; thence run Southwesterly~ - -- .,., , ~uuu:,uc~a vy a cnorcl of 34.88 feet at a beariug of South 43 o58,41" Wi ,'t, an arc length of 38.61 feet to the end of said curve, and a point on the Northerly Right-o -Way line of De{aware Avenue ("D" Avenue); thence South 88013'08" West, along said Nol her{M~Y Right-of-Way line, for a distance of 73.38 feet, to the point of beginning. (Conu }ning 50,899.81 square feet or 1.17 acres, more or less) - .. L I I I I I U.S DEPARTMENTOF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN I. O ~ 2. O FHMA 3. O CONV. UNNIS. 4. O VA S. O CONV. INS. 6. FIlE NUMBER 7. LOAN NUMBER I. MORTGAGE INS. CASE NO. C. NOTE.: Thisf°rmisfumishedl°iivey°usslatem~nl°factualseAtl~n~mcom. Amounts paid to and by the settlement a~ent are shown. Items outside tile e~osin~,i Ihe}, ~ shown here foe informational pu ~o~__~ and are not included in the D. NAME OF BORROWER: ~ Allim~ o f Sout~west Fhxida ADDRESS OF BORROWER 2400 Tamiami Trail ~ Suiu, 300, Napi~, lqotida ~410'4 E. NAME O~ $~'1J J~ Codlilt C.4~lnp/H~llinl Aulho~ ADDRF-SS O~ $1q I ]~q: I lO0 Fmn World' Why, bnnxdtnl~ FIodda ~1142 O. PROPERTY LOCATION; ,~ Exhibit 'A' alt~hed p~n~to md by m fefefl~ incoqxa-atie~ he~in H. $ErrLEMBcr AOlm'r: Kenne~ IL ~ ~ PLACE OF SETII..EMENT: I 1 $0 Lee Book"yard, Salve I, Lehi~z AAa~, Flodda 33936 SUMMARY OF BORROWER'S TRANSACTION lC SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: $ 300,000'~ I I I I I I I I' I I I I ! IOI. Contract sales price 102. Personal property 103. Settlement charges to borrower:. (fi-om lin~ !400) 04. 105. 106. 107. 108. 109. II0. Ill. ll2. 120. GROSS AMOLINT DUE FROM BORROWER: $ 300,000.00 401. ContrAct sale~ price 402. Personal property $ 0,00 403. ADJU.~TMF. ffI~ FOR II'EMS PAID B y.rwt t ~R IN ADi/ANC~ City/town ~m m ~un~ ~ lo ~ to 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 404. 405. A DJUSTMENT~ FOR ITEMS PA ID $ YSELLER IN ADYANCE 406. CityFFown t~xes to 407. County taxes to 408. Assessments to 409. 410. 411. 412. 420. GROSS AMOUNT DUE TO SELLER 500.. REDUCTIONS INAMOUNT DUE T( Excess deposit (see instruc!ions) Settlement clutrges to seller (line 1400) Existing loan(s) taken subject to Payoff of tint mortgage .Io~n Payoff of second mortgage loan 201. Deposit or earnest money $ 150,000.00 501. 202. Principal amount .of new loan(s) 502. 203. Existing loan(s) taken subject to 503. 204. 504. 205. 505. 506. 207. 507. 208. 508. 209. 509. ADJi/57'M~JVT'~ FOR IT.S LtNPAID BY gELLER: ADJUJTMEN'~ FOR 17'~M$ ~/NPAID Sr $1:t l ~: $ 300ilO0: SELLER: $ 4,069.. 210. CitT/town taxes to S l O. City/town taxes to 2 i' · . ~ .:': ' .~; .. :~'.:.'i.:j '.':.~..i ' · ..l,~-~,~,rA~... ~.:-: :~,.:~.,,t~,,;~.~ ..... ....,.,:-,':.;,., ;:%:. !i ii%::~/;-~/,::i; ~:s~!~-co~Xt~.:::..~.~7~ ~i ;::'to ~.-.;!,::i'~ ::.....'.: ...... 212. A.~.~ssments to 512. Assessmenl= to 21~. ' ~. . . i · '' I"~'~' :i .. 216. ~ $16 ,I~ .,: · .... ~ .... . . ~ . ..... : ..... ::: ..;.~ .... :: ~ ..~... AY 1 ~ 20021 / ........ .~J,...:,:.., ~ .. ~.:~. ~ ::..L:.~)': ...4;;~').~i:t;F?.~::'::"~.~ ~:: >t, ~ , ~17~ ~. ' '~ ' ~*~4~' .............. ' ......... :""~. :~:~:~.~:~: L~:?~L':../'~:; '-.. :. : ..... 2~,:.....':.:.~.~.'~;:.~:'~.-...".. ;:.:.?;.'.';::.:-:: .' :::~,: '..::.::;:'r.~-;~.:~:-;:-: :~-.:~- ~0. ~TAL PAiD BY.OR S 150,~.~ ~0. TOTAL REDU~iONS J S 4.~9~ BORROWER: IN AMOU~ DUE SELLER: 3~. ~$HAT $zz-s:LZMt~ ~OM~o BORRO~R: ~0. CASH AT 8E~LRMK~ ~OM 301,O~.~t. due~m~w~01~120) [ $ ~,0~,~ ] ~1, O~mo~td~m~ll~(l~420) ] $ ~,~.0 I I I I I STATEMENT CHARGES 700. TOTAL SALES/BROKER'S COMMISSION: BASED ON PRICE DMSION OF COMMISSION (LINE 700) AS FOLLOWS: 701. $ 702. $ to 703. Cxxmmi,uion paid nl ~ttl~m~nt 704. 800. ITEMS PAYABLE IN CONNEC-i{ON 'WITH LOAN: 801. I__~__n. Origination fee % 802. Loan Discoum % 804. Credit Report to: 805. Lender's Inspection fee 806. Mortsage !naurance lippIk:ation fee to 807. Assumpt{on fee 808. 80~. 810, 811... '~: -i. ":: ' ': . 900. PAID FROM BORROWER~ FUNDS AT SETTLEMENT ITEMS REQLT/RED BY LENDER TO BE PAID IN ADVANCE: 901. lntere.~ from to (~ $ 902. Mortgage insurnnce premium for mo. to 903, Hazard insurance pmnium for yrs. to 904, Flood I~m Premium for yrs. to )05. /day PAID SELLER FUND~ AT SETTLE}v~ I I I I I I I I I I I lO00. RESERVES DEPOSITED WITH LENDER: 100l. Hn2~rd insuz~c~ monll~ (~ 1002. Mortgage insuranc~ 1003. Cit~ properr~ taxes 004. County property taxes 1005, Annual Msc~sments 1006. Flood Insurance 1007. . · 1008. ' 1~ month 1100. TITL£ months (~; m0ntl~ ~L~ mooths.(~ . mondu @$ . months (~ .mont~ ~ . months RS 110l. Scnlcmen! or closing fee to Kenneth K. Thompson, P.A, per month per month per month per month per month · per. month per month 1102. Absuact or title search to Attorneys' Title Insurance Fund, Inc. 103. Title examination to Kenneth K. Thompson, P.A. 104. Title insurance binder to 105. Document prepnration to 106, ~0t~r~S~ ..... . .: 1107, Attorney's fees to (includes above item Numbers: ) 1108. Title insurance'to Attorneys' Title Insurance Fund, !nc. (includ~ ,l~ove item Numbers: ) 1109. Lender'sc0verage $ 10.' Owner's' coYprage, $300,000.00 ...... 1. $ ioo~ $ 2oo. $ 75. Seulement Agent Date WARNING: It is a ~irne to knowingly make false s~ate.~.~ m ~+. ~ s. ,..~~ ~ ..... -- It I ADDENDUM TO HUD-I, SETTLEMENT STATEIVIENT I 1. Seller and Buyer hereby agree~that the $150,000.00 Earnest Money Deposit shall be Paid The at closing, with the remaining $150,000.00 to be paid one month from the date of closing, I or on or before January 14, 2002. 2. The parties fttrther agree to hold the documents in escroTM until such time as the remaining I $150,000.00 is paid on or before January 14, 2002. 3. If the Buyer fails to remit the $150,000.00 on or before January 14, 2002, the Seller shall I then record a Purchase Money Mortgage in the Public Records of Collier County, Florida, which mortgage Shall not be released or satisfied until Buyer remits the remaining $150,000.00 to Seller. I Dated this .. day of December, 2001. .UTHO~ SOUTHWEST FLOI~DA .~. Name:~ ~$_.~','u- Name: - ,-7~[ I Title: ~..~:~ '12> trt_ Title: ' i4. The costs associated vi£h ~.he recordin~ .of the PurehR_~e Honey Hortgage, ~cl~ record~g ~ees, doc~enCa~ st~s, ~4 do--nC prep~a~ ~~e by the Buyer, ~ b~ed ~tsi~of ~os~. ~ I I I I 20{32 I I I I I I I I I I I. I I I I Pm{ I: Parcel II: A portion of Section 3, Township 47 South, Range 29 East, Collier County, F{oridik being more particularly described as follows: Commence at the Northeasterly COmer of Lot 5, Block 1, Main Line Subdivision, as recorded in Plat Book I, Page 98, Public Records of Collier County, Florida; thence North 88013'08" East, along the Northerly Boundary of said Block I, and the Southerly Right-of-Way Lin~ of "C" Avenue, for a distance of 125.8:5 feet,'to a point on.the Ceuterline of Railro~ Street abandoned by r~olut/on as recorded in O.R. Book 214, Page~ 24 and 25, Public Record~ of Collier County, Florida; thence North 14o$T36" East, along said centerline, for a distance of 63.87 feet; to a point lying 30.00 feet'northerly of when measured at a right angle to, 'the westerly project/on of the northerly right-of-way line of Rose. Avcuue, then~ North 88o16'53" East, parallel with the northerly right-of-way line of Rose Avenue., for a distance of 100.25 feet, to the Point of Beginning of the herein described parcel; thence continuing North 88o 16'53" East, along said paratlel l/ne, for a distance of 903.06 feet, to a point lying 25.00 feet westerly of when measured at a right angle to the east line of the Northwest l/4'of the Southwest 1/4 of said Section 3; thence North 01003'20" West, parallel with the east line of the Northwest 1/4'of the Southwe~ 1/4 of Said Section 3, for a distance of 100.01 feet; thence South 88o16'$3" West, for a distance ofgl 1.88 feet;, thence South 14o$7'36" West, for a distance of 66.77 feet to the beginning of a tangential circular curve, concave Northeasterly; thence run Southeasterly, along the arc of said curve to the left, having a radius of 28.00 feet, through a central angle of 106040'43", subtended by a chord of 44.92 feet at a bearing of South 38022'46" East, for an arc length of 52.13 feet, to the Point of Beginning. (Containing 92,304.35 square feet or 2.12 a:res, more or less) A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 19 East, Collier County, Florida, together with a port/on of the former Atlantic Coast Line Pail Koad Right-of-Way, being more particularly d~cribed as follows: Commence at the southwest comer of Section 3, Township 47 South, Rang~ 29 East, Collier County, Flor/da; thence North 87055'33" East, along the south linc of said Section 3, and the cenmrlin¢ of Eustis Avenue for a distance of 40.00 feet; thence North 01o13'42~ West, for a distance of 30.00 feet, to the Point of Begir/ning of the herein described parcel; thence · continuing North 01 o 13'42" West, along the easterly r/ght-of-way line of County Road//846 Immokalee Road (First Street) for a distance of 110.95 feet; thence North 14o5T36" East, along the eas~r!y line of Block 2 of Main Line Subdivision/as recorded in Plat Book 1, Page 98, Public Kecorc~ of Collier County, Florida, for a distance of 543.54 feet; thence North 88olY08" East, for a distance of 26.g2 feet; thence North 14o:57'36" Fast, for a distance Of 141.48 feet; thence North 88o13'08" East, fora distance of 75.30 feet to the be_~nrfir/g ora tangential circular curve, concave Southwesterly; thence nm Southeasterly, along the arc of said curve to the right,.having a radius of 25.00 feet, through a centra~["angle of 106o44'28", subtended by a chord ofd0.13 feet at a bearing of South 38o24'38" East, for an arc length of 46.57 feet to the end ofsaid curve, and a point on the Easterly Right-of-Way Line of the former Atlantic Coast Rail Road; thence South 14o57'36" West,. along said Easterly Right-of- Way line, for a distartce of 766.70 feet, to a'point on the northerly right-of-way line of Eusti~- Avenue; thence South 87o55'33~ West, along said northeriy'/'ight-of-way line of Eusth Avenue ("E" Avenue), for a distance of 103.61 feet, to the Point of Beginning. (Containing 83,237.47 square feet or 1.91 acr~, more or less) I 2002 I I I I I I I ! I I I I I I I I ! Pardi III: Parcel IV: A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Beginning at the Southwest comer of Tract "A," Main Line Subdivision, ~ recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence South ggolY08" West, along the Northerly Right-of-Way i/ne of East Delaware Avenue (=D" Avenue) for a distance of 50.06 feet to .the beginning ora tangent/al circular curve, concave Northly; thence nm Northwesterly, along the arc of said curve to the right, having a radius of 25.00 feet, through a central angle ofgl o31'07", .subtended by a chord of 35.82 feet at a bearing of North 46°01'19" West, for an arc length of 39.93 feet to the end of said curve; thence North 00o15'45" West,. for a.distance of 45~80 feet to the beginning ora tangential circular curve, concave Easterly; thence nm Northerly, along the arc of said curve to the right, having a radius of 70.00 feet, through central angle of 11008'32", subtended by a chord of 13.59 feet at a beating of North 05o 18'31" East, for an arc length of 13.61 feet to the end of said curve; thence North 10o52'47" East, for a distance of 103.58 feet to the beginning ora tmgential circular curve, concave Westerly; thence run Northerly, having a radius of 130.00 feet, through a central angle along the arc of said curve to the left, of 1 lo$1'49.' subtended by a chord of 26.87 feet at a bearing of North 04o56'$2" East, for an arc length of 26.92 feet to the end of said curve; then North 00o$9,02. West, for a distance of 201.89 feet to the beginning of a tangential circular curve, concave Southeasterly; thence run Northeasterly, along the arc of sa/d curve to the r/ght, having a radius of-25.00 feet, through a central angle of 89oi$'$$., subtended by a chord of35.13 feet at a beating °fNorth 43 o38'55, East, for an arc length of 38.95 feet to the end of said curve; thence North 88o16,$3, East, along the Westerly Projection of the Right-of-Way line of Rose Avenue, for a distance of 150.54 feet; thence South 14o$7'36, West, along the Westerly Boundary ofsa/d Tract "A," for a distance of 4 $ 8.47 feet, to the Point of Beginning. (C ontain/ng 52,601.1 $ square feet or 1.21 acre~, more or less) . A portion of the Southeast one-quarter of Section 3, Township 47 South, Range 29 East, together with Lots 1 through 4 and Lots 15 through 17, Block I of the Main Line Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 98, Public Records of Collier County, Flor/da, being more particularly descr/bed as follows: B, eginning at the Southeast comer of Lot 14, Main Line Subdivision, as recorded in Plat Book Page 98, Public Records of Coil/er County, Florida; thence North 01 o 11 '$$" West, along the Easterly Boundary of Lots S through 14, ofsa/d Main Line Subdivision, for a distance of 438.13 feet, to a point on the Southerly Right-of-Way line of "C" Avenue; thence North 88 o 13'08" East, along said Southerly Right-of-Way line, for a d/stance of 12.5.8 $ feet; thence South 00o$9,02. East, for a distance of 224.61 feet to the beginning 0fa tangential circular curve, concave Westerly; thence nm Southerly, along the. are ofsa/d curve to the fight, having a radius of 70.00 feet, through a central angle ofl lo51'49., subtended by a chord of 14.47 feet at a bearing of South 04o56,$2. West, for an are length of 14.49 feet to the end Sfsaid curve; thence South I0o52,47- West, for a d/stance of 103.58 feet to the beginning'of a tanger..tiai circular curve, concave ~rly; thence run Southerly, along the are of Said curve to the left, having a radius of 130.00 feet, through a central angle of 11 o08'32", subtended y a chord of 25.24 feet at a bearing of South 05018'31" West, for an are length of 25.28 feet to the end of sa/d curve; thence South 00o15"45" East, for a distance of 48.71 feet to .the' beginning of a tangential c/reular curve, concave Northwe~erly; thence run Southwesterly, "--o ~.,, ~uuurnuea oy a chord of 34.88 feet at a bearin gh , . an arc length of3 8.61 feettoth----,-~ .... . g°fS°uth43°5841 W I . line o , ,, ~,u ozsma curve, ana a oint on . ~gt~t-of-Way line, for a distance ,,~ ~,'~-.~"~'_ ~"~"' .oo,- l .~. v~ west, along said ]qortherlv 50 ....... - ,-~--,..~o ~:r, .to the point of be inning. ( ,' ta~ 1 ,~y~'.~l square teer or 1.1/acres, more or less) ' .g 2002 ~ Collier Count~ 'Houaina ~Uthoritv ~ d 1800 Farm Worker Wayr Immokaleer Florida 34142 ~! ~ EmPowerment Al'l. iance o'f Southwest Florida ~ ~ 2400 Tamiami Trail North~ ~300~ Na~les~ Florida 34103 ~) L DESC~ (~~~~~ ' Collier ~.~ See Exhibit "A" attache~ hereto and b~ reference incorporated herein (¢) ~.m ~. N/A I I I I I t I I I I; I I I I u PAYMENT: (~~ ~~-- (~ ~ ~ W u.& ~ ~Y ~ ~ ~ ~ ~ ~ ~ ~ m ,4~ ~ ~. ~ME~RACCEPTANCEOFO~~TE;FACS~I~:U~;~o~~d~B~~~T~~ N. ~H~O: Date ~ ~ r~ ~ I0 ~ a ~ ~ ~, ~.mmllw, ~) ~ ~ ~ ~ ~ ~ Il(c), ~. ~ (~E~ ~Y ~:0 m ~ ~m m~ ~0 a ~ ~ mm d ~(m)~ ~ ~ S ~ ~ ~d ~ B~r. U ~ h ~l m~ ~ ~g~o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~m ~ m~ ~ ~ ~ ~n mi ~ ~ ~mgm~ IV(a) ~ ~). ~~II~SI~I~)~F~,M~O~I~~ on or before ~ OR ~NDWR~ PROV~IONSt~n ~ ~ m, ~m ~ m ~ ~ d ~ m ~ ~ ~ ~ ~ ~ (~) ~ ~ ~~ ~ ~E (c) O~ ~E~ ~ ~ ~PE~T~ ~ ~~M ~1~ ~ ~~ ~ ~~ ~~lj Alliance o~ SW Florida Collie= County Empowerment · ...-.- STANDARDS FOR REAL ~, , ~ ~ ...... ~M~Ul~ ~_.~_,~. ............ M- 6PEC~L A~SM~ U~8: ~ ~ ~ ma~ ~l ~ ~ M ~ ~ M ~ (~ ~ ~ ~ ~) ~ ~ ~ ~ ~ ~.~ ~ I I I I I I I h I I I I I I I ! Parcel I: Parcel A portion of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeasterly comer of Lot 5, Block 1, Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida.; thence North 88o 13'08" East, along the Northerly Boundary of said Block 1, and the Southerly Right-of-Way Line of "C" Avenue, for a distance of 125.85 feet, to a point on the Centefline of Railroad Street abandoned by resolution as recorded in O.R. Book 214, Pages 24 and 25, Public Records of Collier County, Florida; thence North 14o57'36" Easr, along said centerline, for a distance of 63.87 feet; to a point lying 30.00 feet northerly of when measured at a right angle to, the westerly projection of the northerly right-of-way line of Rose Avenue, thence North 88o16'53" East, parallel with the northerly right-of-way line of Rose Avenue, for a distance of 100.25 feet, to the Point of Beginning of the herein described parcel; thence continuing North 88016'53" East, along said parallel line, for a distance of 903.06 feet, to a point lying 25.00 feet westerly of when measured ~t a fight angle to the east line. of the Northwest 1/4' of the Southwest 1/4 of said Section 3; thence North 01 o03'20" West, parallel with the east line of the Northwest 1/4 of the Southwest 1/4 of said Section 3, for a distance of 100.01 feet; thence South 88o 16'53" West, for a distance of911.88 feet.; thence South 14o57'36" West, for a distance of 66.77 feet to the beginning of a tangential circular curve, concave Northeasterly; thence run Southeasterly, along the arc of said curve to the left, having a radius of 28.00 feet, through a central angle of 106o40'43", subtended by a chord of 44.92 feet at a bearing of South 38o22'46" East, for an arc length of 52.13 feet, to the Point of Beginning. (Containing 92,304.35 square feet or 2.12 ac-res, more or less) A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, together with a portion of the former Atlantic Coast Line Rail Road Right-of-Way, being more particularly described as follows: Commence at the southwest comer of Section 3, Township 47 South, Range 29 East, Collier County, Florida; thence North 87o55'33" East, along the south line of said Section 3, and the centerline of Eustis Avenue for a distance of 40.00 feet; thence North 01 o13'42" West, for a distance of 30.00 feet, to the Point of Beginning of the herein described parcel; thence continuing North 01 o 13'42" West, along the easterly fight-of-way line of County Road #846 Immokalee Road (First Street) for a distance of 110.95 feet; thence North 14o57'36" East, along the easterly line of Block 2 of Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida, for a distance of 543.54 feet; thence North 88o13'08" East, for a distance of 26.82 feet; thence North 14o57'36" East, for a distance of 141.48 feet; thence North 88o13'08" East, for a distance of 75.30 feet to the beginning ora tangential circular curve, concave Southwesterly; thence run Southeasterly, along the ar~' of said curve to the right; having a radi~, of 25.00 feet, through a central angle of 106o44~28", subtended by a chord of40.13 feet at a bearing of South 38o24'38" East, for an arc length of 46.57 feet to the end of said curve, and a point on the Easterly Right-of-Way Line of the former Atlantic Coast Rail Road; thence South 14o 57'36" West, along said Easterly Right-of- Way line, for a distance of 766.70 feet, to a point on the northerly right-of-way line of Eustis Avenue; thence South 87055'33" West, along said northerly.fight-of-way line of E~ds Avenue ("E" Avenue), for a distance of 103.61 feet, to the Point of Begirming. (Containing 83,237.47 square feet or 1.91 acres, more or less) I I I I I I I I I I I I I I I I I I I Parcel III: Parcel Uv': A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Beginning at the Southwest comer of Tract "A," Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence South 88013'08" West, along the Northerly Right-of-Way line of East Delaware Avenue ("D" Avenue) for a distance of 50.06 feet to the beginning of a tangential circular curve, concave Northeasterly; thence run Northwesterly, along the are of said curve to the righL having a radius of 25.00 feet, through a central angle of 91031'07", subtended by a chord of 35.82 feet at a beating of North · 46o01'19" West, for an arc length of 39.93 feet to the end of said curve; thence North 00015'45" West, for a distance of 45.80 feet to the beginning ora tangential circular curve, concave Easterly; thence rrm Northerly, along the are of said curve to the fight, having a radius of 70.00 feet, through cenlXal angle of ! I o08'32", subtended by a chord of 13.59 feet at a beating of North 05018'31" East, for an arc length of 13.61 feet to the end of said curve; thence North 10052,47, East, for a distance of 103.58' feet to the beginning of a tangential circular curve, concave Westerly; thence run Northerly, along the arc of said curve to the left, having a radius of 130.00 feet, througha central angle of 11 o51'49", subtended by a chord of 26.87 feet at a bearing of North 04056'52" East, for an arc length of 26.92 feet to the end of said curve; then North 00059,02,, West, for a distance of 201.89 feet to the beginning of a tangential circular curve, concave Southeasterly; thence run Northeasterly, along the arc of said curve to the righL having a radius of 25.00 feet, through a central angle of 89o15'55", subtended by a chord of 35.13 feet at a bearing of North 43038'55" East, for an are length of 38.95 feet to the end of said curve; thence North 88o16'53" East, along the Westerly Projection of the Right-of-Way line of Rose Avenue, for a distance of 150.54 feet; thence South I4o57'36" West, along the Westerly Boundary of said Tract'"A," for a distance of 458.47 feel to the Point of Beginning. (Containing 52,601.15 square feet or 1.21 acres, more or less) A portion of the Southeast one-quarter of Section 3, Township 47 South, Range 29 East, together with Lots 1 through 4 and Lots 15 through 17, Block I of the Main Line Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida, being more particularly described as follows: IB, eginning at the Southeast comer of Lot 14, Main Line Subdivision, as recorded in Plat Book Page 98, Public Records of Collier County, Florida; thence North 01 o'11'55" West, 'along the Easterly Boundary of Lots 5 through 14, of said Main Line Subdivision, for a distance of 438.13 feel to a point on the Southerly Right-of-Way line of "C" Avenue; thence North 8801Y08" East, along said Southerly Right-of-Way line, for a distance of 125:85 feet; thence South 00059'02" East, for a distance of 224.61 feet to the beginning 0fa tangential circular curve, concave Westerly; thence run Southerly, along the arc of said curve to the right, having a radius of 70.00 feel through a cenlxai angle of I 1 o51'49", subtended by a chord of 14.47 feet at a bearing of South 04056'52" West, for an are length of 14.49 feet to the end 0fsald curve; thence South 10052'47" West, for a distance of 103.58 feet to the beginning ora tangential circular curve, concave Easterly; thence run Southerly, along the are of said curve to the left, having a radius of 130.00 feet, through a central angle of 11008'32", subtended y a chord of 25.24 feet at a bearing of South 05018'31" West, for an are length of 25.28 feet to the end of said curve; thence South 00015'45" East, for a distance of 48.71 feet to the beginning of a tangential circular curve, concave Northwesterly; thence run Southwesterly, along the are of said curve to the right, having a radius of 25 00 fee thr of 88o28'53". subtend ~,~, o ~,~..~ _~. ......... · t, ough a central an e · ed ~,. ,, ,.,,u~u uz.~,~.~ feet at a oeann of South 4 o gl anarelen of 38 61 fi · g 3 5t ,~1" nl~ gth . eet to the end ors · ~ · ,, ,, md. curve, and a point on the Northerly ~dgh~f-Way ~45 line of Delaware Avenue ( D Avenue); thence South 88 o 13'08" W : · '--' ~ Right-of-,W_ay line, for a distance of 73 38 fee- tA -'- .... '.est, along md Northerly - · - ,, ~, me point or oeginning. (Cg,~in~~ 2002 50,899.81 square feet or 1.17 acres, more or less). I X~reement Supportive of the Tr~ufer of Certain land~ to ~i · -- Empowerment Alliance of Southwest ~orld~ Community Development Corporation by the Collier County Housing Authority I I I I I I 1- I I I I I Thc Coil/er County Housing Author/ty aad the Empowmnent ~ of Southwest Flor/da Community Development Corporation are mtednll into a contract for the purchase of land (a~ de~n~ ~ Attachment 1) for the development ofsin.g~ family The COllier County Housing Authority w~ be responsible for the follo~ng actions with ~ega~d m the preper~. Re. zoning on ~11 platted parcels fi"om Commcrcisl m~l h~dusiiisl to R~sidentiai MuRi- family PreFzminaty Plat into four p.cels prior to tiaa/compr~ensivc plan amendme~ alxt r~zor~g. Fin,a/Plat of the property into single fanU]y lots th~ meet the RMF-6 zoning district mad~s. The ~t~: engineering, construction of thc roads end dreinage plan will bc constructed to support the single family platted lots. The above will be completed for the sum of $300,000 payeblc to the CoEier County Housing A~thor/ty from the Commua/ty Development Corporation. The source ofthe funds va'I! be from the Florkla Department of Community 2dfhix~ Urban In~ grant that the Community Devdopment Corporation is the ~ab-grantee from the Housing Urban ~artrncnt of Collier County. ~.~~D~O~ . ~,~~~. ' - CoIli~r County Housing Au~o~ Enterprise Com~-,~_~y Coordi~or Empowermem Alliance of I MAY 1 ~ 2002 .s. 5C I PROMISSORY NOTE I $150,000.00 December 14, 2001 DUE ON DEMAND Immokalee, Florida ' _FOR VALUE RECEIVED, the undersigned, promises to pay to COLLIER.COUNTY I HOUSING AUTHORITY ("Payee"), whose mailing address is 1800 Farm Worker Way, Immokalee, Florida 34142, or elsewhere as the Holder hereof may from time to time designate in i writing, delivered or mailed to debtor, the principal sum of ONE HUNDRED FIFTY THOUSAND AND NO/100. DOLLARS ($150,000.00). ALL OUTSTANDING PRINCIPAL AMoUNTs OWING ON THIS PROMISSORY NOTE, IS DUE AND PAYABLE IMMEDIATELY UPoN I DEMAND BY THE PAYEE. If not sooner demanded, then this obligation shall be paid as follow~: (a) All principal remaining unpaid, together with any accrued interest thereon, shall be I due and payable in full, on January 14, 2002. A late charge equal to five percent (5.00%) of the past due mount shall be paid on any I payment not received within ten (10) days of its due date. In the event of any default in the payment of this Note, and if the same is collected by an attorney-at-law, the undersigned hereby agree(s) to pay all costs of collection, including a reasonable attorney(s) fee, whether collection is made by suit I or otherwise. While in default, this Note shall bear interest at the highest rote allowable by law. I Borrower's address: Empowerment Alliance of Southwest Florida 2400 Tamiami Trail North, Suite 300 Community De~lop~l~t~rp..9~tion I Naples, Florida 34103 I~/~ Title: Attest: Secretary I I I MAY 1 4 2002 I .I U I I I I I I I I I I I I I I I I THIS INSTRUMENT PREPARED BY: Kenneth K. Thompson, P.A. 1150 Lee Boulevard, Suite 1 Lehigh Acres, Florida 33936 Parcel I.D. No.: 00119440001; 56402520006; 56402240001 & 00116680000 (FOR RECORDIN'G INFORMATION ONLY) MORTGAGE THIS MORTGAGE DEED hereinafter referred to as the "Mortgage," executed this day of December, 2001, by EMPOWER ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION, a Florida Non Profit Corporation, whose address is 2400 Tamiami Trail North, Suite 300, Naples, Florida 34103, hereina_Rer referred to as the "Mortgagor," to COLLIER COUNTY HOUSING AUTHORITY, whose address is 1800 Farm Worker Way, knmokalee, Florida 34142, hereinat~er referred to as the "Mortgagee," WITNE S S E T H: WHEREAS, the Mortgagor is justly indebted to the Mortgagee in the princ!pal sum of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00), which indebtedness is evidenced and represented by a certain promissory note in said principal amount, executed and delivered by the Mortgagor to and in favor of the Mortgagee of even date herewith, hereina_~er referred to as the '~Note," payable with interest as provided therein, and maturing as stated therein; WHEREAS, the Mortgagee, as a condition precedent to the extension of credit or the making of the loan evidenced by the Note, has required that the Mortgagor provide Mortgagee with security for the paymem or repayment of the indebtedness represemed by the Note and. for the performance, observance and discharge by the Mortgagor of the various covenants, stipulations and agreements made by Mortgagor to, and, in favor of and for the benefit of Mortgagee with respect to said indebtedness; " NOW THEREFORE, in consideration of and in order to secure the payment or repayment of the aggregate principal sins of money set forth in the Note, together with interest thereon and all other sums of money secured hereby, as hereinafter provided, .and also in order to secure, the observance, performance and discharge by the Mortgagor of all covenants, sti ~ulations and, agreements of the Mortgagor to, with, in favor of and for the benefit of the Mortga~ herein and in any other docUments or instruments set forth herein and in any other instruments executed by Mortgagor to and in favor of Mortgagee for the purpose of securing the indebtedness represented by the Note, and for other good and valuable c~ ~vide~'eiag-xn~ nsi~tif~,2002 I I I I I I I I I I I I I I I I I I I the Mortgagor hereby grants, bargains, sells aliens, remises, cOnveys and confirms unto the Mortgagee all of Mortgagor's interest in that certain piece, parcel or tract of land or real property of which the' Mortgagor is now seized and in possession, situate in Collier County, Florida, to-wit: SEE EXHIBIT"A" ATTACHED HERETO AND BY REFERENCE INCORPORATED HEREIN TOGETHER with all fights-of-way, easements, appurtenances, permits and privileges now or hereafter belonging or in any way appertaining to said premises; TOGETHER with all fight, title and interest of the Mortgagor therein, including and at.r- acquired title, remainder or reversion, right or interest in and to the beds of any ways, streets, avenues, roads, alleys and public places open or proposed, in front of, rtmning through, adjoining or adjacent to said premises; TO HAVE AND TO HOLD all of the same unto the Mortgagee and its successors and assigns in fee simple forever; AND the Mortgagor covenants and warrants with and to the Mortgagee that the Mortgagor is indefeasibly seized of said real property and has good fight, full power, and lawful authority to convey all of the same; that the Mortgagor hereby fully wan'ants the tide to said real property and will defend the same and the validity and priority of the lien of this Mortgage against the lawful claims of all persons whomsoever; and the Mortgagor further warrants that said real property is free and clear of all liens and encumbrances of any kind, nature or description. PROVIDED ALWAYS, however;, that if the Mortgagor shall pay unto the Mortgagee the indebtedness evidenced and represented by the Note; and if the Mortgagor shall duly, promptly and fully perform, discharge, execute, effect, complete and comply with and abide by each and ever), one of the stipulations, agreements, conditions and covenants of the'Note and this Mortgage, then fi:ds Mortgage and the estate and interest hereby granted and created shall cease, terminate and be null and void. AND the M°rtgagor, for the benefit of the Mqrtgagee, and its successors and assigns, does hereby expressly covenant and agree: 1. PAYMENT OF NOTE. To pay the principal of the indebtedness evidenced and represented by the Note, together with all interest thereon, in accordance with the termq of the Note, .promptly at the times, at the place, and in the manner that said principal and interest shall become due, and to promptly and punctually pay all other sums required to be paid by the Mortgagor pursuant to the terms of this Mortgage. . 2 L MAY 14 2002 '1 I I I I I I I I I I I I I 2. PAYMENT OF TAXES.... To pay all and singular such taxes, assessments andpublic charges as are already levied or assessed or that may be hereafter levied or assessed when the same shall become due and payable according to law, before they become delinquent, and before any interesf or penalty shall attach thereto. 3. DISCHARGE OF LIENS. To immediately pay and discharge (by payment or by bonding offliens pursuant to Florida Statute) from time to time when the same shall become due all lawful claims ah~l demands of mechanics, materialmen, laborers, and other which, if unpaid, might result in, or permit the creation of, a lien, charge or encumbrance on the mortgaged premises or any part thereof, and, in general, to do or cause to be done everything necessary so that the lien of this Mortgage shall be fully preserved at the cost of the Mortgagor, without expense to the Mortgagee. 4.. OBSERVANCE OF LAWS. To observe, abide by and comply with all statutes, ordinances, orders, requirements or decrees relating t° the mortgaged premises enacted, promulgated or issued by and federal, state and municipal authority or any agency or subdivision thereof, and to observe and comply with all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including, but not limited to, zoning variances, special eXceptions and non-conforming uses), privileges, franchises and concessions which are applicable to Said premises or which have been granted to or contracted for by Mortgagor in connection with any existing, presently contemplated or future use of said premises. 5. REIMBURSEMENT OF MORTGAGEE FOR PAYMENTS. That should the Mortgagor fail to make payment of any taxes, assessments or public charges before the same shall become delinquent, or shall fail to make payment of any insurance premiums or other charges, impositions or liens herein or elsewhere required to be paid by the Mortgagor, then the Mortgagee, at its option, may make payment or payments of the same, and also may redeem said premises from tax sale without any obligation to inquire into the validity of such taxes, assessments and tax sales. In the case 0fany such payment by the Mortgagee, the Mortgagor agrees to reimburse the Mortgagee, upon demand therefor, the amount of such payment with any fees and expenses attendant ia making the same, together with interest thereon at the highest rate allowed by law; and, until paid, such amounts and interest shall be added to and become part of the debt secured hereby to the same extenl that this Mortgage secures the repayment of the indebtedness evidenced by the Note. Neither the right nor the exercise of the right, herein granted unto the Mortgagee to make any such payments as aforesaid shall preclude the Mortgagee from exercising its option to cause the whole indebtedness secured thereby to become immediately due and payable by.reason of the Mortgagor's default ia making such payments as hereinabove required. - - 6. INSURANCE ON IMPROVEMENTS. Mortgagor shall keep the improvements now existing or herea/~er erected on the Mortgaged Property, insured again~ loss by ~ and other hazards, casualties, and contingencies, ia such amounts and for such periods aa may be required by Lender, and to pay promptly when due, any premiums on such insurance policies or renewals. All insurance shall be carried on companies approved by Lender as to financial stan Fsuch guidelines as may be adopted from time to time by Lender, and the polk 3 I I I I I I I I I I I I i. ! I I I I I I I thereof shall be held by Lender and shall have attached thereto loss payable clauses in favor of and in form acceptable to the Lender. All insurance policies shall contain an agreement by insurer to give not less than thirty (30) days' prior notice to Lender in the event of cancellation or a material chang6 in the coverage. At least fifteen (15) days prior to the expiration date of all such policies, renewals thereof satisfactory to the Lender shall be delivered to the Lender. The Mortgagor shall deliver to the Lender receipts evidencing the payment of all such insurance policies and renewals. The delivery of the insurance policies shall constitute an assignment, as further security of all unearned premiums. In the event oflossi Mortgagor will give immediate notice by mail to Lender and Lender may make proof of loss if not made promptly by Mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender instead of to Mortgagor and Lender jointly, and the insurance proceeds or any pan thereof may be applied by Lender at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damage. In the event of foreclosure of this Mortgage or other transfer of title to the Mortgaged Property in extinguishment ofthe indebtedness secured hereby, all right, tire and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. 7. PAYMENT OF COSTS AND ATTORNEY'S FEES. That in the event that the Note secured hereby is placed in the hands of an attorney for collection, whether suit is filed or note, or in the event that Mortgagee shall become a party either as Pl aintiff or as Defendant, in any action, suit, appeal or legal proceedings (including, without limitation, foreclosure, condemnation, bankruptcy or administrative proceedings or any proceeding wherein proof of claim is by law required to be filed), in relation to the property described or the lien created hereby or herein, or for the foreclosure of this Mortgage, the Mortgagor shall save and hold the Mortgagee harmless from and against any and all costs and expenses incurred by the Mortgagee on account hereof, including, but not limited to, reasonable attorneys' fees, title searches and abstract and survey charges and shall promptly pay such fees and costs to Mortgagee upon demand. 8. CHANGE OF OWNERSHIP - DUE ON SALE. I. fall or any part of the property or an interest therein is sold or transferred by Mortgagor without Mortgagee's prior written consent, including the creation of any lien or encumbrance subordinate to this Mortgage, excluding, however, (a) the creation of a purchase money security interest for household appliances, (b) a transfer by devise, descent or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest, or (d) conveyance of one joint tenant to the other, Mortgagee, may at Mortgagee's option, declare all the sums secured by this Mortgage to be immediately due and payable. Mortgagee shall have waiver such option to accelerate if, prior to the sale or transfer Mortgagee and the person to whom the property is to be sold or transferred, reach agreement in writing that the credit of such ..person is satisfactory to Mortgagee. The criteria for approval by MOrtgagee is a good credit rating and adequate income to pay the Mortgage, in the sole discretion of Mortgagee, based on the then credit standards and criteria of Savings and Loan Banks in Collier County, Florida. M~Y 1~ 2002 I I I I I I If Mortgagee exercises such option to accelerate, Mortgagee shall mail Mortgagor Notice of acceleration in writing. Such Notice shall provide a period of not less than 15 days from the date the Notice is mailed within which Mortgagor may pay the sums declared due. If Mortgagor fails to'pay such sums prior to the expiration of such period, MOrtgagee may, without further notice or demand on Mortgagor, invoke any remedies allowed by law, including but not limited to foreclosure of the Mortgage. 9. .~SURY LIMITATION, That nothing herein contained nor any transaction related hereto shall be construed or so operate as to requh'e the Mortgagor to pay interest at a rate greater than it is now lawfi~ in such case to contract for, or to make any payment or to do any act contrary to law, and the Mortgagee shall reimburse the Mortgagor for any interest paid in excess of the highest rate allowed by law or any other payment which may inadvertently be required to be paid contrary to law; and in any clauses or provisions herein contained operate or would prospectively operate to invalidate this Mortgage or the Note secured by in whole or in part, then, such claims or provisions only shall be held for naught, as though not herein contained, and the remainder of this Mortgage shah remain operative and in full force and effect. I I I I I I I' 10. ACCELERATION. That if default be made in the payment of any installment of the Note, whether of principal or interest, or in the payment of any other sums of money referred to herein (including any prior Mortgage), and such default shall not be cured by Mortgagor within fifteen (15) days after due, or in the event a breach or default be made by the Mortgagor in any one of the stipulations, agreements, conditions and covenants of said Note or this Mortgage, or in the event that each and everyone one of said stipulations, agreements, conditions and covenants are not other'w/se duly, promptly and fully discharged or performed, and such default shall not be cured by Mortgagor within tlxirty (30) days after written notice hereof fi.om Mortgagee, then and upon the occurrence of any'one of such events or upon the happening of any other event which, according to the term of this Mortgage or the Note shall entitle the holder to accelerate the maturity of the indebtedness evidenced by the Note, the Mortgagee, at its option, may thereupon or thereafter declare the indebtedness evidenced by the Note, as well as all other monies secured hereby, to be forthwith due and payable as if all of said sums of money were originally stipulated to be paid on such day, and thereupon, without notice.or demand, the Mortgagee may avail itself of all rights and remedies provided by law and prosecute a suit at law or in equity as if all monies secured hereby had matured prior to its institution. The failure or omission on the part of the Mortgagee to exercise the option for acceleration of maturity and/or foreclosure following anY default as aforesaid Or to exercise any other option granted hereunder to Mortgagee where entitled to do so in any one or more instances, shall not constitute a waiver of any subsequent default. '" I I 11. MISCELLANEOUS. The provisions hereof shall be binding upon the Mortgagor, its successors and assigns and shall'inure to the benefit of Mortgagee and her successors and assign. If more than one Mortgagor is named herein, the obligations and liabilities of said Mortgagor shall be interpreted to mean singular, plural, feminine, masculine or neuter as the context shall require. 5 2002 I I 12. CONSTRUCTION OF LANGUAGE. This instrument is to be governed by and construed in accordance with the laws of the State of Florida. I iN WITNESS WHEREOF, the said Mortgagor has caused this instrument to be executed as the day and year first above written. I Signed, sealed and delivered in the presenceZof: "MORTGAGOR" ' Empowerment Alliance of Southwest Florida I Community D evel Opm.,e,m...Coill9~ation (Sign). B~' I (Print) Name: Tifle:~.., ' ' I I ! I (Sign) (Print). Attest: Secretary STATE OF FLORIDA } } COUNTY OF COLLIER } I I I I I I I The foregoing instrument was acknowledged before me this day of December, 2001, by as of EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMIYNITY DEVELOPMENT CORPORATION, a Florida Non Profit Corporation, on behalf of the corporation, who is 12personally known to me or who has produced rnFlorida Driver's License No. , as identification. NOTARY PUBLIC Print Name: Commission No. . Commission Expires: 6 ,MAY 1/~ 2002 EXHIBIT "A' I I I I I I I I I I I I I I I Parcel I: Parcel II: A portion of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described az follows: Commence at the Northeasterly comer of Lot 5, Block l, Main Line Subdivision, az recorded in Plat Book I, Page 98, Public Records of Collier County, Florida; thence Nor~.h 88o 13'08" East, along the Northerly Boundary of said Block 1, ~d the Southerly Right-of-Way Line of "C" Avenue., for a distance of 125.85 feet, to a point on the Centerline of Railroad Street abandoned by resolution as recorded in O.R. Book 214, Pages 24 and 25, Public Records of Collier County, Florida; thence North 14o5T36" East, along said centerline, for a distance of 63.87 feet; to a point lying 30.00 feet northerly of when measured at a right angle to, the westerly projection of the northerly fight-of-way line of Rose Avenue, thence North 88016'53" East, parallel with the northerly fight-of-way line of Rose Avenue, for a distance of 100.25 feet, to the Point of Beginning of the herein described parcel; thence continuing North 88016'53" East, along said parallel line, for a distance of 903.06 feet, to a point lying 25.00 feet westerly of when measured at a right angle to the east line of the Northwest 1/4 of the Southwest 1/4 of said Section 3; thence North 01 o03'20" West, parallel with the east line of the Northwest I/4 of the SouthWest 114 of said Section 3, for a distance of 100.01 feet; thence South 88o16'53" West, for a distance ofgl 1.88 feet; thence South 14057'36" West, for a distance of 66.77 feet to the beginning of a tangential circular curve, concave Northeasterly; thence run Southeasterly, along the arc of said curve to the left, having a radius of 28.00 feet, through a central angle of 106o40'43", subtended by a chord of 44.92 feet at a bearing of South 38o22'46" East, foran arc length of 52.13 feet, to the Point of Beginning. (Containing 92,304.35 square feet or 2.12 acres, more or less) A portion of the Southwe~ One-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, together with a portion of the former Atlantic Coast Line Rail Road Right-of-Way, being more particularly described az follows: Commence at the southwest c0mer, of Section 3, Township 47 South, Range 29 East, Collier County, Florida; thence North 87o55'33" East, along the south line of.~aid Section 3, and the centerline of Eustis Avenue for a distance of 40.00 feet; thence North 01 o13'42" West, for a distance of 30.00 feet, to the Point of Beginning of the herein described parcel; thence continuing North 01 o 13'42" West, along the easterly right-of-way line of County Road #846 Immokalee Road (First Street) for a distance of 110.95 feet; thence North 1'4o57'36" East, along the easterly line of Block 2 of Main Line Subdivision; as recorded in Plat Book I, Page 98, Public ReCOrds of Collier County, Florida,. for a distance of 543.54 feet; thence North 88013'08" East, for a distance of 26.82 feet; thence North 14057'36" East, for a distance of 141.48 feet; thence North 88013'08" East, for a distance of 75.30 feet to the beginning ora tangential circular curve, concave Southwesterly; thence run Southeasterly, along the arc of said curve to the fight, having a radius'of25.00 feet, through a central angle of 106044'28", subtended by a chord of 40.13 feet at a bearing of South 38024'38" East, rotan arc length of 46.57 feet to the end of said curve, and a point on the Easterly Right-of-Way Line of the former Atlantic Coast Rail Road; thence South 14057'36" West, along.~aid Easterly Right-of- Way line,' for a d/stance of 766.70 feet, to a point on the northerly right-of-way line of Eusfis Avenue; thence South 87055'33" West, along said northerly'right-of-way line of Eustis Avenue ("E" Avenue), for a distance of 103.61 feet, to the Point of Beginning. (Containing 83,237.47 square feet or 1.91 acr~, more or less) I I I I I I I I I I I ! I I I I I I I A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Beglrming at the Southwest comer of Tract "A," Main Line Subdivision, as recorded/n Plat Book I, Page 98, Public Record~ of Collier County, Florida; thence South 88 o13'08" West, along the Northerly Right-of-Way line of East Delaware Avenue ("D- Avenue) for a distance of $0.0(~ feet to the beginning of a tangential circular curve, concave Northeasterly; thence run Northwesterly, along the arc of said curve to the right, having a radius of 25.00 feet, through a central angle of 91 o31 '07', subtended by a chord of 3 $.82 feet at a bearing of'North ' 4(S°01'19" West, for an arc length of 39.93 feet to the end of said curve; thence North 00°15'45" West, for ad/stance of 45.80 feet to the beginning ora tangential c/rcular curve, concave Easterly; thence run Northerly, along the arc of said curve to the right, having a radius of 70.00 feet, through central angle of 11 o08'32,, subtended by a chord of 13.$9 feet at a beating of North 05o 18'31" Esst, for an arc length of 13.61 feet to'the end of said curve; thence North 10o$2'47, East, for a d/stance of 103.$8 feet to the beglnn/ng ora tangential circular curve, concave Westerly; thence run Northerly, along the arc of said curve to the left, having a radius of 130.00 feet, through a Central angle of l 1 o$1'49", subtended by a chord of 26.87 feet at a bearing of North 04o$6,$2, East, for an arc 'length of 26.92 feet to the end of said curve; then North 00o$9,02. West, for a distance of 201.89 feet to the beg/nning of a tangential circ~ar curve, concave Southeasterly; thence run Northeasterly, along the arc of said curve to the right, having a radius of 25.00 feet, through a central angle of 89o15'$$,, subtended by a chord of 33.13 feet at a bear/rig of North 43 o38'33" East, for an arc length of 38.93 feet to the end of said curve; thence North 88015'33" East, along the Westerly Projection of the Right-of-Way line of Rose Avenue, for a d/stance of l $0.34 feet; thence South 14o$7'36, West, along the Westerly Boundary of said Tract "A," for a distance of 438.47 feet, to the Point of Beginning. (Containing 52,601. ! $ square feet or 1.21 acres, more or less) A port/on of the Southeast one-quarter of Section 3, Township 47 South, Range 29 ~ together with Lots I through 4 and Lots 15 through 17, Block 1 of the Main Line Subdivision, according to the plat ther~ofas recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida, being more particularly described as follows: B eginning at the Southeast comer of Lot 14, Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence North 01011'53" West, along the Easterly Boundary of Lots 5 through 14, of said Main Line Subdivision, for a d/stance of 438.13 feet, to a point on t/'ie Southerly Right-of-Way line of "C' Avenue; thence No~th 88o 13'08" East, along said Southerly Right-of-Way line, for a distance of123.85 feet; thence South 00o$9'02" East, for a distance of 224.61 feet to the beginning df a tangential c/rcular curve, concave Westerly;, thence nm Southerly, along the arc of said curve to the right, having a radius of 70.00 feet, through a central angle ofl I o31'49", subtended by a chord of 14.47 feet at a beating of South 04o$/752, West, for an arc length of 14.49 feet to the end ~)fsaid curve~ thence South 10o32'47- West, for a distance of 103.38 feet/o the beginning of a tangent/al circular curve, concave Easterly;, thence run Southerly, along the arc ofsa/d curve to the left, having a radius of 13 0.00 feet, through a central angle of 11 o08'32", subtended y a chord of 25.24 feet at a. bearing ofSouth05o 18'31" West, for an arc length of 25.28 feet to the end of said curve; thence South 00o15'45" East, for a distance of 4'8~71 feet to the beginning of a tangential circular curve, concave Northwesterly; thence run Southwesterly, along the arc. of said curve to the fight, having a radit~ of 25.00 feet, through a central angle °f88°28'$3", subtended by a chord of 34.88 feet at a beating of South 43, ,co,,( s. wr ... ~ an arc length of 38.61 - - feet to the end of said curve, and a point on the Northe line of Delaware Avenue ~"'"" - · :~~ .... .~ . ~ ~ ^venue); thence South 88o13~)8" West, ,To. g t f-way (ine, for a dis ,ce of fee -to the poin or be 'fiil ,g. $0,899.81 square feet or 1.17 acres, more or less) Pg. EXHIBIT D SKETCH & DESCRIPTION I I I I I I I I I I I I I NAY 1~ 2002 Exhibit I I I I I I I I I I I I I I I I I I i S01'03'20'E XF THE S'W 1/4 OF sEc'noN ) r----l m ---~ l F POINT O(r BE~NNIN(~ ~mmmmmm~ mm mmmm~ -- 100.01' ,, .. o ~o %° ~o '= SI I uN~ I u~*r. I ~'~'"~I ~ ~ I [ L1 25.00 I NS~'I~'S~'~ I ~1 /I I L2 I 3o.00 I So~'03'2o'[; I DAVID J. HY . P. . (FOR TilE. FIRM) [ ~ NOT VAUD ~THOU~r THE SIGNATURE AND I I THE ORIGINAL RAISED ~r. AL 01:' A FLORIDA [ UCENSED SUR~SYOR AND MAPPER i ~' SKETCH AND DESCRIPTION I ~.~ -~ ·~~ WILKISON &: L '"- ~lm~ ASSOCIATES ~ E W W INC. ma ~ CONSULTING ENGINEERS AND SURVEYORS ,~'~lI 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SC NOTED ,2/0, SEC/SUB W.O. NO. 3/4.7/29 0012 SHEET F'B PG 1 OF2 i DRAWN BY [FILE NAME )JH ,M,~ 1'~ _-~.,;6-1 I I I I I I I I ! I I I I I I I Description: A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, C. olller County, Florida, being more particularly de,scrrDed ae fo~low~. Beginning at the Northeasterly corner of said Idain Line SubdPislon as recorded in Plat Book 1 at Page 98 of the Public Records of Collier County, Florida; thence South 88'16'53' West, along the NortheHy Boundary of said Main Line Subdivision, and the Northerly Right-of-Way line of Rose Avenue, and Its we?edy projection, for a distance of 869.93 feet; thence North 14~7'36' West, 135.71 feet; thence North 68'16 53' West, 807,48 feet; thence South 01~)3'20' Fast, a distance of 100.01 feet; thence North 68'16'53' East, 25.00 feet, to a point on the East Une of the Northwest 1/4 of the Southwest 1/4, of Said Section 3; thence South 01'03'20' East, along said east Ilne, for a distance of 30.00 feet, to the POINT OF BEGINNING; Co, raining 108,153.33 square feet or 2.483 acres, more or lees. Notes: 1. This is not a survey. 2. Basis of bearing is the Northerly Right-of-Way line of Rose Avenue as being S 88'16'53" W. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. SKETCH AND DESCRIPTION · ~~ WlLKI$ON &: ~ ASSOCIATES W W INC. CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS MCENSE NO. L65770 SCALE AS NOTED DATE 12/0! SEC/SUB 3/47/29 2OF2 w.o. NO. 0012 FB PG 1 DRAWN BY I FILE NAME EAWAC~/~.A~ ' z Dw :H~C~~, .o. I I I I I I EXHIBIT E VICINITY & LOCATION MAPS I I ! I I I I I I I I I I ~,A~ 1~ ZOO2 I I I I I ! I I ! I I I ,. I 1. PINECREST ELEMENTARY SCHOOL 2. IMMOKALEE HIGH SCHOOL 3. IMMOKALEE MIDDLE SCHOOL 4. ADULT EDUCATIONAL CENTER 5. COLLIER COUNTY ADMINISTRATION, EMS AND SHERIFF SUBSTATIO,. 6. U.S. POSTAL SERVICE OFFICE 7. IMMOKALEE COUNTY PARK 8. IMMOKALEE WATER AND SEWER DISTRICT 9. COLLIER COUNTY HEALTH CARE CENTER 10. IMMOKALEE FIRE DEPARTMENT 2 N - PROJECT SITE 10 8.k 4 WILKISON &: ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS ,3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 64.3-2404 FAX NO. (941) 64..3-5173 2002 VICINITY MAP SCALE N,T.S. PROJECT NO. 0012.1 SHEET 1 OF 1 I I I I EXHIBIT F ENVIRONMENTAL REPORT I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SE IMMOKALEE REVITALIZATION S3/T47S/R29E, COLLIER COUNTY, FLORIDA ENVIRONMENTAL REPORT THREATENED AND ENDANGERED SPECIES Passarella and Associates, Inc. conducted listed species surveys on the 18 + acre Immokalee farm labor housing project site on February 15, 2001. No listed species were identified on the project site during the survey. The listed species surveys were conducted by qualified ecologists walking meandering transects through suitable habitat to ensure that sufficient visual coverage of ground and flora was obtained. Surveys were conducted during daylight hours. At regular intervals, the ecologists stopped, remained quiet, and listened for wildlife vocalizations. Surveys were conducted for wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern; and for plant species listed by the Florida Department of Agriculture (FDA) and USFWS as endangered, threatened, or commercially exploited. The FWCC (formerly the Florida Game and Fresh Water Fish Commission (FGFWFC)) publication, "Florida's Endangered Species, Threatened Species and Species of Special Concern; Official Lists" dated August 1997 was used as reference to identify the status of listed species. Literature referenced prior to conducting the listed species surveys included the Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991), Collier County's bald eagle location maps (July 1992), and Florida Panther Habitat Preservation Plan (Logan et al. 1993). According to a review of the Florida Atlas of Breeding Sites for Herons and Their Allies, no wading bird breeding sites are located on or adjacent to the project site. According to a review of Collier County's bald eagle nesting site location maps, no bald eagle nesting sites are located on or adjacent to the project site. According to a review of the Florida Panther Habitat Preservation Plan, the project site is not located in either Priority One or Priority Two panther habitat. The nearest priority panther habitat is located approximately 2.5 miles west of the project site. The USFWS, FWCC, and National Marine Fisheries Service (NMFS) have been contacted for information regarding listed species or critical habitat that may be affected by the proposed project. Copies of the information request letters are attached. To date, no response has been received from USFWS, FWCC, or NMFS regarding these information requests. Since more than 30 days has passed with no response, it is assumed these agencies have no adverse comments. 0012.1 Environm¢ntal Rqaort Wilkison & Associates, Inc. D ~ml~ 30,-'ZOOT~ 1 2002 I I I I I I I I I Wildlife Impacts to wildlife resources on the project site will be limited to land clearing and construction activities associated with 5.85± acres of Palmetto Prairie and Palmetto Prairie, Disturbed (FLUCFCS Codes 321 and 3219) habitat types. Development currently exists on three sides of this area. This habitat type is fairly common for this region and provides habitat for many small birds, mammals, and reptiles. The remaining habitats on the project site have been previously cleared and do not provide appropriate habitat for wildlife species. None of the project impacts are anticipated to affect any state or federal listed wildlife species. Vegetation Vegetation mapping for the project site was conducted using February 1998 unrectified Department of Transportation (scale 1" = 200') aerial photographs. Groundtruthing to map the vegetative communities was conducted in February 2001 utilizing the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (Florida Department of Transportation 1985). Mapping was based on Level III FLUCFCS with Level IV used to denote exotic species and physical disturbance. AutoCAD (Version 2000) software was used to determine the acreage of each mapping area, produce summaries, and generate the final FLUCFCS map (see enclosed map). A total of three vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the property. The dominant vegetation/land use type on the property is Disturbed Land (FLUCFCS Code 740). Table 1 summarizes the FLUCFCS codes and provides an acreage breakdown, while a description of each FLUCFCS code follows. Table 1. FLUCFCS Codes and Acreages for 18+ Acre Immokalee Farm Labor Housing Project. 321 Palmetto Prairie 5.38 30.2 3219 Palmetto Prairie, Disturbed 0.47 2.6 740 Disturbed Land 11.95 67.1 TOTAL 100.0 Palmetto Prairie (FLUCFCS Code 321) The canopy is open with scattered slash pine (Pinus elliottO, live oak (Quercus virginiana), and wax myrtle (Myrica cerifera) in the sub-canopy. The groundcover includes saw palmetto (Serenoa repens), wiregrass (Aristida stricta), dwarf (Quercus minima), greenbrier (Smilax sp.), and pennyroyal (Piloblephis rigida). Palmetto Prairie, Disturbed (FLUCFCS Code 3219) 0012.1 Environmental Rq~ort Wilkison & Asso~ialm, lac. live oak MAY 1 q 2002 Page 2 of 3 ',,..~, C,~ I I I This area was previously cleared, but contains scattered saw palmetto, wiregrass, penny royal and dwarf live oak. Disturbed Land (FLUCFCS Code 740) The canopy and sub-canopy contains scattered live oak, slash pine, Brazilian pepper (Schinus terebinthifolius), and Australian pine (Casuarina sp.). The ground cover includes Brazilian pepper, bahia grass (Paspalum notatum), smut grass (~porobolus indicus), ragweed (Ambrosia sp.), greenbrier, and creeping oxeye (Wedelia trilobata). Environmental Consequences I Environmental Consequences resulting to biological response are identified above in Section 3.5.1. I I Mitigation Efforts will be made to minimize earth disturbance during construction by using best management practices. I I I I 0012.1 Environmental Report Wilkison & Associates, Inc. ,UA¥ I ~. 2002 30, 2001 I ScaLE: I' · ! I' AERIAL WITH FLUCFCS OVERLAY 18:!: ACRE Ik4MOKALEE FARM LABOR OAT[: 2/94 FLUCFCS ESCRIPTION 3ZI PALMETTO PRAIRIE 3ZI9 PALMETTO PRAIRIE, DISTURBED 7&0 DI TUR AN TOTAL % OF AG T 5.38AC.+ 30.2% 0.~,TAc.~: 2.(3% Ac. ~7.1% 17.80Ac.+ PASSARELLA a~d Co~.s'uJ~ i ~g HOUSING. DRAWN I~r: SH ASS( HAY 1 L~ 2002 Eco~og'i,s~s DATE:: 2/22/O1 ,I i i i I I I' I SOIL UNIT DESCRIPTION 7 URBAN LAN,)-IMMOKALEE-OLDSHAR, LIMESTONE SUBSTRATUM, COMPLEX IMMOKALEE FINE SAND SOILS MAP 18:t: ACRE IMMOKALEE FARM LABOR HOUSING STATUS NON-HYDRIC NON-HYDRIC PA$$ARELLA C o w~s t~l t i r~ g DRAWN BY: SLO SOILS MAP SCANNrn FROM NRCS ~1 t lFR COIi~NTY SOIL SURVEY. MAY 1 ~ 2002 A Ecologists DATE: 2/27/01 1 I I I EXHIBIT G PRE-APPLICATION MEETING NOTES I I I I I I I I I l I I 2002 I I I I I I I I I I I I I I I I LAND USE PRE-APPLICATION MEETING NOTES Time: Date: //- 9-4::2/ Firm: Project Name: -~ //'////~/.,~o/<',.~/_~-~__-- Project Addr/Location: /~ /¢~ --/~ Appli~nt: ~~ ~~O Tel Fax Zoning: ~- ~ ~ ~~- ~ / Agent/Owner Signature~~-~" Date: I I I I I I EXHIBIT H IMPACT ON PUBLIC FACILITIES I I I I I I I I I I 1 ~A¥ 1 4 2002 I I I I I I I I I I I I I I I I I I 1 IMPACT ON PUBLIC FACILITIES The proposed use of the property is single-family residential. A maximum of 15 lots will be created on the 2.483 acres of land that is presently zoned for commercial use and designated on the Generalized Future Land Use Map in the Immokalee Master Plan as CC-I (Commerce Center - Industrial). The proposed amendment will not have significant impacts on public facilities. A description of the project's impacts and an analysis of each are as follows: Collector and Arterial Roads A traffic study was prepared by Hoover Planning & Development, Inc., and attached as Exhibit I. The conclusions of the report are: 1. The Level of Service (LOS) will be acceptable on all County roadways within the Radius of Development Impact 0LDI); 2. The project will not have a significant impact on any arterial roadway within its RDI, except for S. First Street between Eustis Avenue and S.R. 29. The project's traffic will impact S. First Street 9.5% of that roadway's LOS-C at peak hour, between Eustis Avenue and S.1L 29; 3. Cross-accesses were not deemed to be necessary since adjoining properties have frontage along public roads; and 4. The project will meet the latest parking requirements at time of Preliminary Subdivision Plat (PSP) submittal. Waste Disoosal lmmokalee Disposal Co., Inc., will provide service to the lots created and has adequate capacity to serve the project site (see attached letter from Linda Collins, Office Manager). Potable Water & Sanitary Sewer 0012.1 Impact tm Public Facilities 3-1-02 WilkJson & Associates, Inc. Immokalee Water & Sewer District will provide service to the homes created as a result of this petition. The attached letter from Eva Deyo, Executive Director of the District, specifies this. You will notice in the letter that Ms. Deyo refers to the 300-bed dormitory facility. The original request letter sent to the District included a legal description for the entire site for the SE Immokalee Revitalization project, which is approximately 18.1 acres. This included the property contained in this petition. Even though the District refers to the project in their February 21, 2001 letter as the "300 bed dormitory facility", the property under review in this petition can be adequately served by I4 /fi 2002 .1 I I I I I I I I I I I I I I Additionally, the dormitory project will most likely be scaled down from 300 beds to a number between 175 and 250. Schools Adults and children residing in the homes to be constructed will be served by various educational instructions in the Immokalee community. These include Immokalee Elementary, Middle and High Schools and an Adult Education Center. No significant impacts to these facilities are anticipated. Fire Protection The residential homes will be served by the Immokalee Fire Department. No significant impacts are anticipated. The Fire Department station house is located along New Market Road. Emer£ency Medical Services (EMS) The current LOS is 0.00068 units per capita or approximately 1 unit / 15,000 population. The target response rate is less than six minutes (2001 Annual Update and Inventory Report, Collier County, November 2001, p. 71). The County's Annual Update and Inventory Report (AUIR) prepared in November 2001 show a 5-year deficit of 2.4 units fi.om 2002-2006. However, the Capital Improvement Plan for the next five years shows an additional six units. It is anticipated that the residents in these homes would be served in an expeditious manner, if needed, due to the proximity of the EMS facility. The project site is located in the Urban Immokalee Basin. The single-family homes and supporting infrastructure will be constructed in accordance with current County and Water Management District regulations in order to maintain the current LOS. Parks The current LOS of 1.2882 acres per 1000 population for community parks will not be significantly impacted. The County's 2001 AUIR shows a 5 year surplus of community park space. The County's community park is located nearby. Similarly, the County's LOS for regional parks of 2.9412 acres per 1,000 population will not be significantly impacted. A surplus of 137.7 acres was indicated in the 2001 AUIR. i ,UAY 1 4 2OO2 0012.1 Imp~'t o~ Public Facilities 3-1-02 ~ _ _Page 2 of2 ,~ [t Willd~on & Associ~s, Inc. t Immokalcg Watcr ct Scwcr District 1020 $~nitation Road hnmokal~z, Florida 34142 (941) 655-3630 FAX (941) 655-3634 :-~,"l&~: ........ ~ ................. * ~' ' ~ -: ..... ' ~-' ~;~*... ?...:...,~ :... ~'~ .., .., ~. DATE.: FEBRUARY 21, 2001 COLLIER COUNTY OFFICE OF C. ROWI~ MANAG~ 28OO N HORSESHOE D1U'Vl~ IqAPLZ~ Ft, 33942 TO BE COMPLETED BY tnlLITY PROV1DElt.. ~l~ rha~ CoU~r Rcmain~g uncommitted capacity ,63 , MOD 1.~ MGD B. Availability of ~pa¢ity ~ A ,V.A!LA.BLE C. Scrvic~ AvailabflRy * l.~gnl description ~d~ property: NORTH OF ROiSE AVENUE E. AST OF 1 IM~OKALEE FLORIDA. COLLIns. COUNTY ~ Commcrcial UuRrdLo~ So. Ft Numbcr o£: :BED DDRMITORY FACILITY Owncr0) of P,~:~,w,/.: COLLI.,IER COUNTY HOUSINO. ALrI'HORITY . CO'NTR~CTOK/OWNER MUb~. BUILD LINE OUT TO NEAREST DISTRICT WATER & SEWER LINE, EXECUTIVE DIRECTOR MAY 1 2002 IM~OKA~EE DISPOSAL CO, INC. 120 Jefferson Ave. Immokalee, F1.34142 (941) 657-2729 March 15, 2001 Wilkison & Associates, Inc. 3506 Exchange Ave. Naples, F1 24104 'This letter is to confirm that we, Immokalee Disposal, will provide garbage eerYtce for the following location~ SW ¼ of Section 3, Township 47S, Range 29E, Collier County {~orth end of Rose Ave) If you have any questions, please call me at the number above. Sincerely, [inda Collins Office Manager A Al MAY 1 h 2002 I I I I I I EXHIBIT I TRAFFIC IMPACT STUDY I i ! I I i I I I I ! ! .MA.Y 1 g 2002 HOOVER PLANNING & DEVELOPMENT. INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions I I I I I I I I I I I I I I I December 26, 2001 Traffic Impact Study for SE Immokalee Revitalization, Located Northeast of the Intersection Between Eustis Avenue and South First Street (Immokalee Road) in Immokalee, FL INTRODUCTION This 17.8+ acre project is located Jn Immokalee, just north of the Seminole Gaming Center. Seven and twenty-four hundredths (7.24) acres of the overall project are proposed for rezoning. The rezoning changes are as follows: a) 0.44 acres fi.om RMF-6 Residential Zoning for office uses, b) 4.32 acres of land fi'om C-4 commercial to single-fam~ residential, and c) 2.48 acres f~om C-5 commercial to single-family residential. The petitioner intends to construct the following: a) an office building on the 0.44-acre. parcel, b) a maxim~m of 35 single-family homes on the 6.8 acres of proposed residential single-family land, and c) a dorm/tory for 304 farm workers on the remaining 9 acres of land. Construction would commence as soon as all necessary development permitting can be obtained. The project is expected to be built-out by 2003. TRIP GENERATION Trip generations were first computed to show the impact of the proposed rezoning. Then trip generations were computed for the proposed project to show its impact at build-out. The ITE's 6th Edition of Trip Generation was utili?ed to estimate the number of trips. Category "Single-Family Detached Homes (210)" was used for the residemial computations and the computations were based on the maximum number of proposed dwelling units (35). Since 2 single-family homes could h'kely be placed on the existing 0.44 acres proposed for commercial the new residential units would act~_~_ally be 33 (35 - 2). "General Office Building (710)" was utilized as the category for the proposed office uses. Building square footage was used for these office computations with a maximum of 4,000 square feet expected. "Specialty Retail Center" (814)" was utilized for the category to estimate the existing commercial land. The existing commercial was based on building square footage with an estimate of 8,500 square feet per gross acre. The "Fitted Curve Equation" was used where available and non-distorted. Category "Apartment (220)" was used to estimate traffic for the 304-bed dormitory. The computations were based on persons and a reduction of 60% was made to reflect reduced traffic based on the following: a) only a minor percentage of the workers will actually have a vehicle, b) worker's income is minimal, c) ride sharing will be common among the workers, d) vans service will be provided by the management, e)a public transit stop is' located nearby, and f) workers are[Pro~~ transportation to work by the employers. ~ '~ ~-~-' - ~ ~AYI~ 2002 I I I, I I KXIST~G ~ILLOWABLE LAND USES ON THE 7.24 ACRES SINGLE-FAMILY DETACHED HOUSING (210) (Based on//Units = 2) Formula = Number of Trips per Time Period Enter(%)/Exit(%) Ln(T)=.920 Ln(x) + 2.707 = 28* Weekday Daily Trips 14(50%)/14(50%) T=0.700(x) + 9.477 = 1 I* Wkdy. AM PK HR of Adj. St. 3(25%)/8(75%) Ln(T)=0.901 Ln(x) + 0.527 = 2* Wkdy. PM PK HR of Adj. St. 1(64%)/1(36%) *Distorted due to the value of "x" so the Average Rates were utilized (see below) Average Rate = 9.57 x 2 = 19 Weekday Daily Trips 10(50%)/9(50%) Average Rate = 0.75 x 2 = 2 Wkdy. AM PK HR of Adj. St. 1(25%)/1(75%) Average Rate -- 1.01 x 2 = 2 Wkdy. PM PK HR of Adj. St. 1(64%)/1(36%) I I I I I I I ! I I I I I I SPECIALTY RETAIL CENTER (814) (Based on 1~000 Sq. Ft. Formula = Number of Trips per Time Period Average Rate = 40.67 x 58.48 = 2378 Weekday Daily Trips Average Rate = 2.59 x 58.48 = 151 Wkdy. AM PK HR of Adj. St. Average Rate = 4.93 x 58.48 = 288 Wkdy. PM PK HR of Gen. so "x" = 58.48) Enter(%¥Exit(%) 1189(50%)/1189(50%) 65(43%)/86(57%) 164(57%)/124 (43 %) TOTAL OF EXISTING TRIPS Formula = Number of Trips per Time Period 19 + 2378 = 2397 Weekday Daily Trips 2 + 151 = 153 Wkdy. AM PK HR of Adj. St. 2 + 288 = 290 Wkdy. PM PK HR of Gen. Enter(%)/Exit(%) 1199(50%)/1198(50%) 66/87 165/125 PROPOSED I..AND USES VIA REZONING OF THE 7.24 ACRES SINGLE-FAMILY DETACHED HOUSING (210) (Based on//Units = 35) Formula = Number of Trips per Time Period Enter(%)/Exit(%) Ln(T)=.920 Ln(x) + 2.707 = 395 Weekday Daily Trips 198(50%)/197(50%) T=0.700(x) + 9.477 = 34 Wkdy. AM PK HR of Adj. St. 9(25%)/25(75%) Ln(T)=0.901 Ln(x) + 0.527 = 42 Wkdy. PM PK HR of Adj. St. 27(64%)/15(36%) GENERAL OFFICE BUILDING (710) (Based on 1~000 Sq. Ft. Formula = Number of Trips per Time Period Average Rate -- 11.01 x 4 = 44 Weekday Daily Trips Average Rate = 1.56 x 4 = 6 Wkdy. AM PK HR Average Rate -- 1.49 x 4 -- 6 Wkdy. PM PK HR so "x" = 4) Enter(%)/Exit(%) 22(50%)/22(50%) 5(88%)/1(12%) 1(17%)/5(83%) TOTAL OF PROPOSED TRIPS Formula = Number of Trips per Time Period 395 + 44 = 439 Weekday Daily Trips 34 + 6 = 40 Wkdy. AM PK HR of Adj. St. 42 + 6 = 48 Wkdy. PM PK HR of Gen. 220(50%)/219 14/26 28/20 CHANGE ~ TRIPS VIA R F~ZONING OF THE 7.24 ACRES Formula = Number of Trips per Time Period 439 - 2397 = (-1958) Weekday Daily Trips 40 - 153 = (-113) Wkdy. AM PK HR 48 - 290 = (-242) Wkdy. PM PK HR Enter(%)/Exit(%) '50%) MAY lq 2002 Enterf%)/Exit~ %) -979(50%)/-9~(50~) ~)' [ -52/-61 -137/105 I I I I I I I I I I I I I I Formula = Number of Trips per Time Perio.d. Ln(T)=.920 Ln(x) + 2.707 = 395 Weekday Daily Trips T=0.700(x) + 9.477 = 34 Wkdy. AM PK HR of Adj. St. Ln(T)4).901 Ln(x) + 0.527 = 42 Wkdy. PM PK HR of Adj. St. IMPACT FROM PROPOSED PROJECT ON ALL 17. 8 ACRES SINGLE-FAMILY DETACHED HOUSING 2101~/~LLBased on #Units = 35) Enter(%)/Exit(% ) 198( 50%)/197(50%) 9(25%)/25(75%) 27(64%)/15(36%) GENERAL OFFICE BUILDING (710) (Based on 1~000 Sq. Ft., so "x" = 4~} Formula = Number of Trips per Time Period Enter(%)/Exit(%) Average Rate = 11.01 x 4 = 44 Weekday Daily Trips Average Rate = 1.56 x 4 = 6 Wkdy. AM PK HR Average Rate = 1.49 x 4 = 6 Wkdy. PM PK HR APARTMENT (220) (Based on Persons~ so "x" = 304 x 40% and bus/van services] Formula = Number of Trips per Time Period Average Rate = 3.35 x 304 x 40% = 407 Weekday Daily Trips Average Rate = 0.28 x 304 x 40% = 34 Wkdy. AM PK HR 22(50%)/22(50%) 5(88%)/1(12%) 1(17%)/5(83%) to reflect ride sharing Enter(%)/Exit(%) 204(50%)/203 (50%) 5(16%)*/29(84%)* Average Rate = 0.40 x 304 x 40% = 49 Wkdy. PM PK HR 33(67%)*/16(33%)* *Directional Distribution based on Number of Dwelling Units as not available for Persons TOTAL OF PROPOSED PROJECT'S TRIPS Formula = Number of Trips per Time Period 395 + 44 + 407 = 846 Weekday Daily Trips 34 + 6 + 34 = 74 Wkdy. AM PK HR 42 + 6 + 49 = 97 Wkdy. PM PK HR Enter(%)/Exit(%) 525(50%)/525(50%) 19/55 61/36 TRIP DISTRIBUTION.. Trips were distributed based on methodology in the ITE's Transportation and Land ~ and the ITE's "Traffic Access and lrnpact Studies for Site Development, and knowledge of the study area. More specifically, the trips were distributed based on projected trip-end destinations for the future residential units. Exl~'bit 2 shows the trip distribution based on these key residential trip-ends. The project's cumulative trip distribution was then determined by having the project's traffic utilize the most likely route to and from the trip-ends (see Extfibit 3). Exht~bit 4 shows the project's total daily trips, which includes the project's A.M. Peak Hour trips, P.M. Peak Hour trips, and Weekday daily trips. RADIUS OF DEVELOPMENT IMPACT The Radius of Development lmnaet (RI)I) was based upon the County's determination that the RDI for this type of PUD i~ezoning is any arterial roadway within 3 miles where the project's trips exceed 1% of LOS C for any roadway segment. Exl~'bit [ z~'z~:,[I project's RDI. ~L ~ ~ MAY !4 2002 I I I I I I I I I I I i I I I I I I I EXISTING TRAFFIC (2001) To project the existing 2001 traffic and future traffic changes in traffic volumes on each roadway segmem over the last 4 years. Basically, the County's annual traffic counts were compared between 2000 and 1996 and then the annual change in traffic volumes were determined and shown on Extfibit 6. Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the County's 2000 traffic counts. These ratios are shown on Extu'bit 7. The Annual Average Daily Traffic (AADT) and Peak Season Daily Traffic (PSDT) in 2001 for each roadway segment w/thin the RDI and that roadway se~m'nent's LOS for PSDT is shown on Exhibit 7. All roadways w/thin the project's RDI will be at an acceptable LOS. FUTURE TRAFFIC AT BUILD-,OUT (2003} Ex,'bit 8 shows the 2003 traffic conditions for Peak Season Daily Traffic. All Collier County roadways w/thin the project's RDI will be at an acceptable LOS. SR 29 will vary from LOS B to LOS E, depending upon the roadway segment. All roadway seem'neats of SR 29, except between Lake Trafford Road and Westclox Road, will be at an acceptable LOS. That FDOT roadway se~tm~ent will be at LOS E. PROJECT'S IMPACT WITHIN RDI Based on Peak Season Daily Traffic, the project's traffic will not lower the LOS on any roadway segment within the project's RDI. The project's traffic will impact S. First Street, between Eustis Avenue and SR 29, 9.5% of that roadway's LOS C at peak hour. COMPREHENSIVE PLAN COMMENTS 1.3/1.4 The LOS will be acceptable on all County roadways w/thin the RDI. 5.1/5.2 The project will not have a si~tmificant impact on any arterial roadway within its RDI., except for Immokalee Road (S. First Street), between Eustis Avenue and SR 29. The project's traffic will impact S. First Street 9.5% of that roadway~s LOS C at peak hour, between Eustis Avenue and SR 29. 7.2 Cross-accesses with adjoining properties were not shown as they were not determined to be necessary since those properties akeady have frontage along public roads. 7.3 The project will meet the latest parking requiremems within the LDC at the time of SDP review and approval. Prepared by: HOOVER PLANNING & DEV., INC. W'flliam L. Hoover, AICP HP File #305tis.rep MAY 14 2002 - I EXHI/~/ T 1 V/C/N/ MAP Wes Rd. Loke Trofford Rd. I MAY Ave. ¼ 1 ~ 2002 Subject Project I I I I I I £~/-//B/ 7- £ TfE/P D/S ?£/B U TI ON .5 M/Ye W e s ~ C l~L~-o x Rd. 7% L oke Trafford / Immokelee Dr. 10% Rd. 5% 4% 1 I £ustis 5% Main 5% Ave. 7% MAY i ~ 20O2 14% St. 12% Subject Project I I 12% MAY 14 2002 Subject Project I EXH/BI T 4 I PROJ£C T'S TO TAL ki/E£KDA ¥ TRIPS ~ KEY 1)AM PEAK HOUR (74) I 2)PM PEAK HOUR (97) I Z)DAILY (846) I --~ Westclox Rd. 85 i/~~~ ~24 ~ 8 9 ~ [ 271 95 20 I 27 I 56 48 I o .5 1 Zl& .. f15 ~~ 728 , ~ WS I ~ ! ' I ~//e ~o I ~_~. Subject I ~ ~ ~ ~oo~ 118 Project I [~ I I I I I I EXHIBIT 5 OF PROJEC f~D/ DE TERblINA TION KEY. 1) Greoter of Project's AM or PM Peak Hour Trips 2,) percent of Rsodwa,y's LOS C at Peak Hour 3,) Within RDI (1% or More of Roadwa.y's LOS C,) 10 1.2% .~! We s t c l~ F~ d' Yes 1.5% Yes Lake Tr~:fford I 0.5% N No ~ ~~ Immokalee Dr. i/ ~ I ~ I0 .5 1 ! Mile Rd. × 1.,5% Yes ~,, 12 1.0% Yes Main St. / 2.0% Yes Eustis Ave. MAY 1 6 2002 14 / 1.6~ Yes 12 0. 5~o No ~~-/~ 9. 5% Yes Sub./ec t Project I I I I I I I I I I I ~ I ~ ANNUAL 1) 2) EXHIBIT 6 CHAN~E IN A VEF~A~E DAILY KEY Prior to Truck Axle Adjustment After Truck Axle Adjustment TR A FFI C Wes t cl o_.~x Rd. +822 + 78J L oke TroffordRd. d~ Immokolee ~,.-E lo .5 1 +295 +281 Lrb Dr. + 156 +149 +247 +2J5 Main / -666 -6J# LO -16 ~ ~ -1,5 Subject Pro.iec t II i. ~ Eustis Ave. 04 M~le -~ I I MAY 1 ~ 2002 EXHIBIT 7 2001 EXIST INS TRAFFIC KEY . . 1,) Annual Average D. ally Traffic 2,) Peak Season Daily Traffic/LOS 3) Peok//Annuoi Ratio 6, 822 ~.4 / 10,343/LOS C ,,. .~...I,~v ~u. " 151.61% ~l 9, 634 D ~1 lSl.~ ~ ~ IO, OaO/LOS C ~ oke Trofford Rd. L ~1 ~ _ 16, 452 ~s, c 99. 8,902~LOS B ~1 ~ 115 ~ ~ ~ ~ ~///~ 11, 482/L OS · Mile ~ ~,~5 ~~ 11, 482~LOS D ~o3.3o~ Subject ~AY 1~ 2~2 _ ~ fl O Project EXHIBIT 8 PROJECTED PSDT IN 200.3 ~E__Y 1,) Without Project's Traffic~LOS 2) Project's Tr.o, ffic 3) With Project s Traffic/LOS 10. 905/L OS O / 85 Wes~Rd'~ 10,990/LOS O ~ 16, 172/L OS E ~ 16,307/LOS E ~ 10,520/LOS C :Lake Traffomd ~ Rd.~ ~~~ ~mmoko~ee ~. ~ ~ ~ E is, Z~O/LOS C ~ ~ I ~ 0 .5 1 I ~ I Mile 7, 63,3/ 415 8,048/ .os B Eu s t is A ye. 11,451/LOS D 118 11,569/LOS O I I I I os B ~ i~.~5i/LOS O CO'~-- 728 f-/-/Y~ 12, 179/l.0S O Project I I I I I I EXHIBIT J FUTURE LAND USE OF PROPERTY & ADJACENT LANDS MAT 1 ~ 2002 Small Scale Amendment CPSS-2001-1 Exhibit J Map: Future Land Use of Property & Adjacent Lands The above Map v:ithin the backup to the Executive Summary & Ordinance can be found in our Library Copy, located at: Community Development & Environmental Services 2800 N. Horseshoe Drive Cotnprehensive Planning Section of Planning Services Monday through Friday, 8:00 a.m. to 5:00 p.m. MAY 1 ,+ 2002 I I I I I I I I I I I I I I ~ 200Z I I I I I I EXHIBIT K MAP AND SUMMARY OF EXISTING LAND USE & ZONING I I I I I I I I i I I I I MAY 1~ 2002 Small Scale Amendment CPSS-2001-1 Exhibit K Map: Map and Summary of Existing Land Use & Zoning The above Map within the backup to the Executive Summary & Ordinance can be found in our Library Copy, located at: Community Development & Environmental Services 2800 N. Horseshoe Drive Comprehensive Planning Seca'on of Planning Services Monday through Friday, 8:00 a.m. to 5:00 p.~n. ,~¥ 1 ~ 2002 I I I I I I EXHIBIT L AERIAL PHOTOGRAPH i I I I I I I I I I I I 1 Small Scale Amendment CPSS-2001-1 Exhibit L Map: Aerial Photograph The above Map within the backup to the Executive Summary & Ordinance can be found in our Library Copy, located at: Cotnmunity Development & Environmental Services 2800 N. Horseshoe Drive Comprehensive Planning Section of Planning Services Monday through Friday, 8:00 a.m. to 5:00 p.m. 2002 EXECUTIVE SUMMARY AUTHORIZE STAFF TO PREPARE AND ADVERTISE FOR PUBLIC HEARING THE DESIGNATION OF THREE AREAS SUBJECT TO A MORATORIUM FOR BACKLOGGED AND CONSTRAINED ROADWAY SEGMENTS OF US 41, VANDERBILT BEACH ROAD AND DAVIS BOULEVARD (SR 84) OBJECTIVE: To obtain Board of County Commissioners direction to three areas for the imposition of a moratorium for the roadway segments previously identified to the BCC for US 41 from Creech Road to Pine Ridge Road, Vanderbilt Beach Road from US 41 to Gulfshore Drive, and Davis Boulevard (SR 84) from Radio Road to Collier Boulevard (SR 951). CONSIDERATIONS: The Transportation Division presented the annual update and inventory report (AUIR) for BCC acceptance on December 18, 2001 where segments of US 41, Vanderbilt Beach Road and Davis Boulevard were identified as deficient segments. Under Florida Department of Transportation guidelines for definition of deficiencies, these segments were labeled as constrained or backlogged. Constrained was identified on US 41 as it is currently at the maximum through lanes by FDOT policy. Constrained was also used on Vanderbilt Beach Road which is currently two lanes for the majority of the deficient segment but has been held to the two lanes by policy decision. The backlogged designation was placed on Davis Boulevard as it is currently 2 lanes and has preconstruction phases in the FDOT adopted work program but construction remains unfunded in the five-year program. Modifications to the current Adequate Public Facilities Ordinance (APFO) in Division 3.15 of the LDC were intended to address these particular issues directly. However, identification of inconsistencies between certain components of the Growth Management Plan (GMP) and the proposed LDC changes require the amendment of the GMP prior to amending the LDC language for APFO. The request at this time to establish moratoria as interim measures is based on the delayed implementation of the changes to the I_DC as originally anticipated by staff. The boundaries for the three moratoria areas are provided as attachments to this summary. Each is somewhat unique due to the characteristics of the designation as well as physical features of the adjacent roadway network. US 41 from Creech Road to Pine Ridge Road has the benefit of the parallel roadway capacity of Goodlette Frank Road i~n relatively close proximity as well as opportunities for public street interconnection between both roadways. Vanderbilt Beach Road is a two-lane road that has been constrained by policy rather than by physical constraints. Vanderbilt Beach Road is bounded on the south primarily by the Pelican Bay Development of Regional Impact (DRI)/PUD and on the north by the southern area of Naples Park. While many public streets north of Vanderbilt Beach Road run parallel, they are not of comparable function. Vanderbilt Beach Road is also a primary connection to the beach areas of Collier County that has limited opportunities for access. MAY 1 q 2002 Davis Boulevard (SR 84) from Radio Road to Collier Boulevard (SR 951) provides primary access to the downtown and east Naples areas. While relief from the traffic congestion at the existing interchanges of Immokalee Road and Pine Ridge Road is anticipated from the new interchange at Golden Gate Parkway, all evaluations show limited benefit to the 1-75/SR 951 (Collier Boulevard) interchange. The degree of relief anticipated is not sufficient to address the failing level of service on the segment of Davis Boulevard from Collier Boulevard to Radio Road. Major roadway and interchange improvements have been identified as being necessary to overcome the current and projected traffic demand in this area. These improvements are currently the Collier County Metropolitan Planning Organization's number one priority for allocation of the state and federal revenues to Collier County, but current funding, even with the County's commitment to advance funds and be reimbursed by the State, and the anticipated annual allocation of federal and state transportation funds to Collier County is not sufficient to cover the estimated costs of over $57 million, unless all future allocations are "saved" until the necessary funds are accumulated. Restriction of development immediately adjacent and within a proximal impact to the three identified roadway facilities to maintain the health, safety and welfare of the traveling public is necessary. The areas subject to the moratorium are defined both geographically as well as by a performance measure which is calculated based upon the actual land use. The areas subject to the moratorium have been developed based on direct primary impacts and measurable secondary impacts. These areas for each of the roadway segments are as follows: The Area subject to the Moratorium for Davis Boulevard (SR 84) shall be any lands which are immediately adjacent to or parcels whose sole access to the County's major roadway system is to that segment of Davis Boulevard from its intersection with Radio Road to Collier Boulevard (SR 951) and any development xvhich contributes traffic greater than one (l) percent of the peak hour service volume of the affected road segment. Determination of this impact will be made at Final Subdivision Plat or Final Site Development Plan. Excepted from this designation are single family homes on an existing lot and any development that is vested or in possession of certificates of Adequate Public Facilities based on the requirements of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code or public facilities needed for health, safety and welfare. The Area subject to the Moratorium for US 41 shall be any unincorporated Collier County lands which are immediately adjacent to or parcels whose sole access to the County's major roadway system is to the segment of US 41 from Creech Road to Pine Ridge Road and any development which contributes traffic greater than one (1) percent of the peak hour service volume of the affected road segment. Determination of this impact will be made at Final Subdivision Plat or Final Site .Development Plan. Excepted from this designation are single family homes on an existing lot and any development that is vested or in possession of certificates of Adequate Public Facilities based on the requirements of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code or public facilities needed for health, safety and welfare. ~ MAY 2002 The area subject to the Moratorium for Vanderbilt Beach Road shall be any lands which are immediately adjacent to or parcels whose sole access to the County's major roadway system is to that segment of Vanderbilt Beach Road from US 41 to Gulfshore Drive and any development which contributes traffic greater one (1) percent of the peak hour service volume of the affected road segment. Determination of this impact will be made at Final Subdivision Plat or Final Site Development Plan. Excepted from this designation are single family homes on an existing lot and any development that is vested or in possession of certificates of Adequate Public Facilities based on the requirements of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code or public facilities needed for health, safety and welfare. Proposed development within the areas subject to the moratorium as described above shall not be permitted until such time as the ordinance establishing the moratorium expires. FISCAL IMPACT: The anticipated fiscal impact is negligible based the availability of developable lands that lie outside the areas subject to the moratorium. GROWTH MANAGEMENT IMPACT: This action is consistent with the provisions of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize staff to prepare and advertise for public hearing an ordinance establishing a moratorium for the following areas: US 41 from Creech Road to Pine Ridge Road, Vanderbilt Beach Road from US 41 to Gulfshore Drive and Davis Boulevard (SR 84) from Radio Road to Collier Boulevard (SR 951). The proposed schedule for this action is a June 6, 2002 CCPC meeting and the June 11, 2002 BCC meeting. SUBMITTED BY: REVIEWED BY: APPROVED BY: /)'/ Date: --' ' Donald Scott, AICP Senior Project M.~er David ~igel - County ~ttornex-3_ Tra~/sportation Administrator / I Date: MAY lA 2002 COLLIER COUNTY DEFICIENT ROADWAYS SUBJ£C? '!'0 MORATORIUM LEGEND CURRENTLY DEFICIENT R IG E RESOLUTION NO. 02-__ A RESOLL~ION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL~'TY, FLORIDA TO DIRECT THAT AN ORDINANCE ESTABLISHING INTERIM DEVELOPMENT CONTROLS ON DEVELOPMENT THAT IMPACTS CERTAIN' ROADWAY SEGMENTS BE PREPARED FOR ITS CONSIDERATION; AND ESTABLISHING A SCHEDULE FOR THE EXPEDITED TRANSMITTAL AND ADOPTION OF THE GROWTH MANAGEMENT PLAN AND ADEQUATE PUBLIC FACILITIES ORDINANCE (SECTION 3.15 OF THE LAND DEVELOPMENT CODE), INCLUDING THE SUPPORTING TRAFFIC CONCURRENCY ANALYSIS GUIDELINES, SO AS TO ESTABLISH A REAL TIME CONCURRENCY MANAGEMENT SYSTEM LMPLEMENTING A TRANSPORTATION CONCU~RENCY MATRIX. MAY 14 2002 WHEREAS, the Collier County Comprehensive Plan and Adequate Public Facilities Ordinance (Section 3.15 of the LDC) requires an Annual Update Inventory Report (AUIR) of public facilities including arterial and collector roadways; and WHEREAS, the last AL'IR was December 18, 2001 at which time portions of Davis Boulevard, Vanderbilt Road and U.S. 41 were operating at unacceptable levels of service as defined in the Comprehensive Plan. At that time, however, rather than implement the Areas of Significant Influence provisions of the Comprehensive Plan and Adequate Public Facilities Ordinance, the County deterrmned to include treatment of these facilities in provisions of new concurrency management system policies in both the Comprehensive Plan and amendments to the Adequate Public Facilities Ordinance; and WHEREAS, changes in traffic conditions on the throe segments and pressures to permit immediate development which will further worsen traffic conditions have resulted in this action to propose moratoria on Davis Boulevard from Radio Road to Collier Boulevard, Vanderbilt Beach Road from Gulf Shore Drive to U.S. 41 and U.S. 41 from Creech Road to Pine Ridge Road until the Board of County Commissioners (Board) can prepare and process amendments to the Comprehensive Plan and Adequate Public Facilities Ordinance to implement the new transportation concurrency management system which will better protect the citizens of Collier County; and WHEREAS, these moratoria are an acceptable means to permit the Board to perform such necessary studies and data gathenng and prepare and process the necessary amendments to the Comprehensive Plan and Adequate Public Facilities Ordinance; and WHEREAS, the Board has expedited the time for transmittal and adoption of amendments to the Growth Management Plan and Adequate Public Facilities Ordinance to establish a real time transportation concurrency management system for collector and arterial roadway facilities so that it is anticipated they will be in place by December 2002; and WHEREAS, in the December 2001 AUIR, Davis Bou evard from Radio Road to Collier Boulevard was operating at Level Of Service F with a volume to capacity ratio of 1.29. Since that time, traffic crash data have shown an increase of 10%, with many of those crashes due to the congestion experienced at the Davis Boulevard and Collier Boulevard intersection; and WHEREAS, the ongoing project development and environment study being conducted by FDOT has projected the total cost estimate for the widening of Davis Boulevard from Santa Barbara Boulevard to Collier Boulevard to be an esnmated 57 million dollars. In December 2001, to help address a shortfall of funding for this project, the Board programmed $8,200,000 into the Capital Improvement Element (CIP) of the Comprehensive Plan for advancement of reimbursement for related costs. This was thought to be an estimated 40% of the amount needed for right-of-way acquisition which is now, based on these more recent FDOT estimates, only about 20% of the right-of-way estimate. At current projected funding levels, this project will take five to six years of new FDOT work program allocations to adequately fund and complete the required construction to provide adequate capacity; and WHIEREAS, there are many planned developments on or near the segment of Davis Boulevard that will make the traffic conditions of this corridor even worse and more of a danger to public health, safety and welfare, if action is not taken at this time to preserve the corridor's existing capacity until improvements can be addressed; and WHEREAS, in December 2001, Vanderbilt Beach Road from Gulf Shore Drive to U.S. 41 was operating at LOS E with a volume to capacity ratio of .95. Since that time, this segment has seen a 15% increase in traffic and is now operating at LOS F with a projected volume to capacity ratio of 1.10. This roadway was previously designated as "constrained" by policy of the then seated Collier County Commission and, as such, has no plans for improvement contemplated by the Board; and WHEREAS, U.S. 41 from Creech Road to Pine Ridge Road is operating at LOS F with a volume to capacity ratio of over 1.00. It has seen an ~ncrease in traffic crashes of over previous year's data; and WHEREAS, this particular facility is six lanes and there are no planned improvements to address the deficiencies. Additionally, the west side of this roadway is located in the City of Naples; the east side of this roadway is located in Collier County; and WHEREAS, it is necessary to the public health, safety and welfare that the Board act expeditiously to impose moratoria on these three roadway segments in order to maintain a status quo while the County deterrmnes what further actions to take to more adequately protect the public and to revise its Comprehensive Plan and Land Development Regulations to reflect and establish a real time transportation concurrency management system for roadway facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL.'NTY COMMISSIONERS, COLLIER COb~'NTY, FLORDA that: The foregoing "Whereas" clauses are adopted as factual findings by reference and as if fully set forth herein. The interim development controls ordinance be prepared and brought forward to the Collier County Planning Comnussion and the Board of County Commissioners for their consideration at duly advertised daytime meetings pursuant to Subsection 2.7.2.3.1. of the Collier County Land Development Code as part of the Spnng 2002 Land Development Code amendment cycle. That the schedule attached hereto and ~ncorporated herein by reference as Exhibit A for the transmittal and adoption of the comprehensive plan amendments necessary to establish the transportation matrix in order to provide a real time transportation concurrency management system is hereby adopted. That the schedule attached hereto and incorporated herein by reference as Exhibit A for the adoption of amendments to the Adequate Public Facilities Ordinance including supporting traffic concurrency analysis guidelines to implement the amendments to the comprehensive plan referenced in Paragraph 2 above is hereby adopted. MAY 1 2002 Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the This Resolution adopted after motion, second and majority vote. Done this ATTEST: day of 2002. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: For DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: David C?qqeigel, County Attorney By: JAMES N. COLLETTA, CHAIRMAN Exhibit A - Schedulefor: transmittal and adoption of the comprehensive plan amendments necessary to establish the transportation matrix and adoption of amendments to the Adequate Public Facilities Ordinance including supporting traffic concurrency analysis guidelines. MM lq 2.002 EXHIBIT A EXECUTIVE SUMMARY ADVISE BOARD OF COUNTY COMMISSIONERS ON PROGRESS AND SCHEDULE FOR DEVELOPMENT AND iMPLEMENTATION OF A REAL-TIME TRANSPORTATION CONCURRENCY MANAGEMENT SYSTEM AND ADEQUATE PUBLIC FACILITIES ORDINANCE. OBJECTIVE: To update the board of County Commissioners and the general public on the progress and schedule for development and implementation of a real-time Concurrency Management System and Adequate Public Facilities Ordinance. CONSIDERATION_: Based on direction from the Board, the Transportation Services Division, with assistance from staff of the Division of Community Development and Environmental Service and county legal staff, is developing a real-time Concurrency Management System and new Adequate Public Facilities Ordinance to manage growth and allow programmed transportation capacity improvements to catch-up to the demands of prior growth while adequately addressing the needs of future growth. The current process incorporates the state-oriented provision that accounts for and includes the capacity provided by projects programmed in the first three (3) years of the Capital Improvement Element (CIE) in determining if deficient or potentially deficient roadway segments can support new growth. Further, the current adequate Public Facilities Ordinance is based on a once a year assessment of concurrency as part of the Annual Update and Inventory Report (AUIR). The Board has expressed its desire to move to real time concurrency and to address the need to prepare for congestion problems on roadway segments before they fail. FISCAL IMPACT: Impact fees represent approximately half or 50% of Transportation Division's annual revenues fbr funding transportation capacity improvements. Restrictions on growth on congested roadway segments would reduce transportation impact fee collections. However, concurrency metered growth and continued growth or uncongested roadway segments that do not further degrade the congested segments would continue and their impact fees would continue to fund needed network improvements. Further, changes programmed will require that all impact fees be paid at the time of issuance of the certificate of Adequate Public Facilities for transportation (at Final Subdivision Plat or at Site Development Plan) and be available for use at that time, rather than requiring that they not be used until Building Permit is issued for components of the Plat or Plan, as provided for in the current process. GROWTH MANAGEMENT IMPACT. The attached Concurrency Matrix is the basis for d-evelopment of new Collier County Traffic Concurrency Analysis Guidelines, modification to the Land Development Code (particularly division 3.15 that address Adequate Public Facilities), and changes to the Collier County Comprehensive Plan that are currently being drafted and will be further distributed for public comment. The Matrix reflects the Board's desire to not simply wait until a roadway segment fails to meet concurrency requirements before taking action to meter or restrict ~ecifically, the new further development impacts until improvement to capacity can be realized. S process will meter allowed traffic impact to (10) percent and then (5) percent of the services volume capacity as that capacity gets consumed based on the scl improvements to provide further capacity as evidence by the programming of the c the Five-Year Transportation Work Program (The County's Capital Improvement mstruction'ph~se in emea~),v ] tt 2002 As capacity exceeds 75% of the roadway segment's capacity, development impacts will start to be metered if no construction phase is programmed and funded to provide future additional capacity. As the percentage of the roadway segment's capacity increases beyond 75% (as checkbook balance is over 75% consumed as evidenced by real time traffic counts projections and accounting of outstanding unbuilt projects which have already secured certificates of Adequate Public Facilities), the required timing of the programmed improvements for added capacity must move closer or the metering of allowed development impacts is increased to allow less additional impact. As congestion on the roadway segment begins to approach full or 100% capacity, the programmed capacity improvements must be eminent or development that affects the roadway segment will not only be metered, but de minimis. In such situation, no development with sole access to the congested segment will be allowed nor will development be allowed which accesses other roadway segments, but creates more than a one (1) percent impact in traffic on the congested segment until capacity improvements are under construction or the additional traffic impacts can be mitigated. Since these changes require amendment to the Collier County Growth Management Plan to support the needed Land Development Code and Adequate Public Facilities Ordinance provisions, staff is pursing the changes in paralleled and anticipates implementation according to the attached schedule. RECOMMENDATION: It is recommended by staff that the Board of County Commissioners provide any further direction needed and that the schedule tbr adoption and implementation be approved t~) accelerate implementation of the required changes to the Growth Management Plan, the Land Development Code and the development of the supporting Traffic Concurrency Analysis Guidelines. Norman~eder,/i, dministrato Transpqtrtati~p~on Division J a~m e~'fM u dd Deputy Coun~ Manager APPROVED BY: Thomas W. Olliff County Manager DATE: 3.15.10 Determination of Concurrency. (a) Determination of concurrency and subsequent issuance of an Adequate Public Facilities certificate will be based on the components contained in the Traffic Concurrency Matrix. (b) Projects claiming vesting relative 'to concurrency shall be submitted for determination of vested stares and, even if vested, shall submit traffic analysis as provided below to secure an adequate public facilities certification and to update the percent of segment capacity consumed in application of the Capacity Matrix for subsequent reviews. (c) Utilizing the Traffic Concurrency Matrix, determination of concurrency shall be made by the Transportation Services Division at the time of Final Subdivision Plat for residential development or Site Development Plan, pursuant to the following requirements: The concurrency analysis must be performed utilizing the procedures contained in the Collier County Traffic Concurrency Analysis Guidelines. Proposals will be reviewed in the order they are submitted and available capacity will be allocated on a "first come. first served" basis. Concurrency will be determined based on the adopted level of service tbr each roadway or roadway segment. Column A of the matrix relates the roadway segment's available capacity as the percent (%) of the capacity being utilized by a combination ora) existing trips based on current traffic counts and; b) trips for committed development for which an adequate public facilities certificate has already been issued, but for which a building permit has not yet been issued. Once the building permit is issued, the trips will accrue to the system and, as such, be added to the existing traffic counts and removed as a reservation of capacity to avoid the double counting of trips. Columns "B" through "H" represent the years in which a roadway link is programmed for actual construction. The schedule comes from the County's Five Year Capital Budget for Roadway Improvements. Column "B" reflects the roadway actually being under construction. A roadway shall be under construction when a contract has been awarded for the improvement. Columns "C" through "G" reflect the five year sequence of programmed construction. Column "H" reflects that the roadway segment has not yet been programmed in the budgetary process. MAY 2002 Within each columm a 10% and/or 5% provision has been provided for backlogged segments. This amount is an annual allowance for additional trips that represents either 10% or 5% of the segment's service volume (or service capacity) as the segment's available capacity is consumed and construction phases move forward in the County's Five-Year Capital Improvement Program. Application of the elements of the Traffic Concurrency Matrix shall be as follows: a). The trips for the project will be generated, distributed and assigned on the roadway network and each roadway segment in accordance with the procedures contained in the Collier County Traffic Concurrency Analysis Guidelines. Assignment of trips to roadway segments will continue outward fi.om the project until the number of project trips on a segment represent less than 1.0% of the roadway segment's capacity and one segment beyond. b). Once trips are assigned, the segment being analyzed will combine project trips with the latest trip counts fi'om count stations plus calculated trips assigned to that segment fi.om unbuilt development for which an Adequate Public Facilities certificate has already been issued, but for which no building permit has been issued. These combined trips will be compared to the segment's actual service capacity based on its approved level of service. The resulting percent of utilization will be applied to the Traffic Concurrency Matrix. Each successive review for Adequate Public FaciliD' determination at the time of Final Site Plat or Site Development Plan, will be initiated utilizing the revised checkbook balance, based on updated traffic counts and the capacity reserved by issuance of prior Adequate Public Facilitv certificates. c). To fred whether the proposed project meets concurrency, the year of actual construction of the roadway segment from the County's Five Year Capital Budget for Roadway Improvements and the percent of roadway capacity currently being utilized (checkbook balance as indicated by existing traffic counts and adequate public facilities certificates issued vs. roadway segments capacity), plus the project's assigned trips to roadway segments impacted by 1% or more must be compared in the matrix. Reading across in the percentage row the percent calculated in b). above to a juncture where 2OO2 d). e). reading down the column representing the year in which roadway construction will take place meet will reflect the status of concurrency. One of three condkions will exist at the juncture of the segment percent and the date of roadway construction initiation and will be indicated as follows: A dash ["-"] indicates that the combination ofpercem of utilization of the segment capacity and the programmed construction of the segment represent no restrictions on development. Concurrency is met and development may proceed. An "x" indicates that no certificate of adequate public facility shall be issued unless the project can verify that it is vested and, therefore, not subject to concurrency. Unless so vested, no further trips from development whose sole access is to the affected segment or which creates a 1% or more additional traffic impact may be applied to that roadway segment. Other alternatives for this condition are presented in e). below. A 10% or 5% allowance for backlogged segments indicates that this amount of additional traffic is allowable on the roadway segment on an annual basis. However, once this additional 10% or 5% is consumed, it is no longer available to subsequent applicants within the year. Applications that were denied because the 10% or 5% increment on any link had already been utilized, but were otherwise acceptable, may be placed on a waiting list in order of their submission to The Transportation Services Division until the next year when they will be assigned available capacity from the 10% or 5% allowance in the order of their poskion on the waiting list. If an '~x" is indicated in the matrix for the roadway segment being analyzed, no additional trips can be allocated to this roadway segment fi'om development with sole access directly to affected segment or which creates a 1% or greater impact to the affected segment. However, the applicant has, but is not limited to, the following alternatives: The applicant can prepare a capacity analysis to show that capacity is available. If this analysis is accepted by the County as adequate, it will become the basis of MAY 1 tuO2 o service capacky for that roadway segment for all future development requests. The applicant can provide alternative capacity relief such as mm lanes, alternative corridor improvements, signalization, etc. Such capacity relief must be demonstrated by an approved operational analysis that supports the additional trips requested. Funding for alternative capacity relief shall be at the expense of the applicant and not subject to impact fee credits. o The applicant can provide private funds to advance the construction of the needed improvement if the improvement is programmed in the County's Five-Year Capital Improvement Program (Capital Improvement Element) and can be advanced. Advanced funding shall be implemented through an agreement with the County, and be paid back in the year the improvement is programmed by the County. Roadway links that have been designated as "constrained" shall not be allowed to exceed the adopted level of service capacity tbr the constrained facility by more than 10%. Traffic Concurrency M~,~ix Chart Collier County Year of Construction ** [ A B C D E F G H Checkbook * Under Not Balance Cormtruc~on I 2 3 4 5 Pro~rammed 5% Over 105% BacYJogcjed X X X X X X X X X X E 5% 5% % x 100% Backlog~ied Backlogged i o s X X X f t 10% 5% i R S ne 95% Backlog~}ed Backlogged eg q g u X X m P e 10% 5% e I s 90% Backlogged Backlog~led nut t s e d C C 10% 10% 5% a o T 85% E~acktogged Backlogged Backlogged pmr ama c i f 10% 10% i t f 80% Backlogged Backlogged ¥ e c · 10% v I Backlogged s a 75% · n d Under 75% · Checkbook-Assumes current traffic counts (adjusted from permanent counts stations) + Committed, but unbuilt development for which an adequate public facilities ce~ificate has already been issued but for which no building permit has been issued, + Project Traffic. Vested development must provide proof of vesting pursuant to Section 3.15.7.2.7.4. of the Adequate Public Facilities Ordinance. '"' "Under construction" is defined as the date a contract has been awarded for the improvement. When construction is complete, the matrix assumes that the new constructed capacity will result in a Checkbook balance of under 75% of segment capacity being consumed. Ke) Dash (-) = No Restnctions B = Design~_~,d_ Bacldo~:Jad Facil~ - metered growth X = No growth with sole access to deficient segment or greater than 1%(de minimis impact) unless: 1 .) Operational analysis - shows capacity beyond planning level segment capac~ determination is available (becomes basis for ail future consideration/re-defines Segment capacity) 2) Alternative c~c_~ relief is provided. 3.) Private funds are provided for the improvement or the applicant edvance funds and is reimbursed for a project that is in the County Five Year Capital Improvement Procjram 4.) Project is phased or redesigned to consume only available capacity. Note: Segments may be des~CJnated as physically constrained (maximum lane standards) or policy constrained regarclless of checkbook balance by action of the BCC upon recommendation of Transportation Administrator MAY-08-200~ 16:2~ FROM:CO. MANAGER'SOFFICE 19417744010 T0:941 498 578? EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER THE PROPOSAL BY THE TAXPAYERS ACTION GROUP (TAG) TO CONSIDER A REFERENDUM ON THE ISSUE OF CONCURRENCY OBJECTIVE: To provide follow-up on the Public Petition Agenda Item 6,B. of April 9, 2002, and discuss as a regular agenda item, a proposal for a voter referendum on the subject of "concurrency" related to local governmental growth management. CONSIDERATIONS: Under the public petition portion of the agenda, Tom Macct~ia, on behalf of TAG, presented a request to have the Board consider a referendum question regarding concurrency. In response, the Board of County Commissioners voted to have the item placed on the regular agenda for the meebng of May 14, 2002. Staff has initiated a Second 2002 GMP Amendment Cycle to have the BCC adopt revised Transportation and Capital improvement Element GOPs to not only change the Collier County definition of when "concurrency" has been established, but also to implement a "checkbook" monitoring and regulatory program for transportation impacts of each new development petition. The proposal provides for "real time" concurrency management and a system for measuring roadway capacity on an on-going basis. It also includes a system for measuring and slowing growth on roadways that are approaching their adopted level of service capacity. The schedule for these amendments and implementing Land Development Code (LDC) changes, are introduced in the Executive Summary. Adoption of the new definition of "concurrency" and the implementing LDC are scheduled for September 24, 2002 and October 9, 2002 respectively. As a practical matter a referendum on this issue would occur parallel to the Board's implementation of the policies posed on a ballot question. There is an established policy ("The Citizens Petition Process Policy") that was adopted by the County Commission in 1996 providing a uniform process to achieve: clarity of petition question, authenticity/validation of petition signatures; and to determine the degree of interest or approval of the petition question, for placing citizen's petitions on a referendum (copy =ttached). The policy calls for citizens groups who want to have items placed on the ballot for voter consideration to generate "...petitions containing valid signatures from ten percent (10%) of the potentially affected citizens before directing staff to: Begin a preliminary investigation of the issue; Conduct any cost/benefit analysis on the issue; or Have the County Attorney determine the legal sufficiency of the petition before further petition circulation occurs. F AGF.-~DA ITEM '- 1112 i__ .,,. HAY-OB-2e~O2 16:22 FROM:CO. MANAGER'SOFFICE 1941TT44~i0 T0:941 498 It should also be noted that the Board in recently hearing the "green space" proposal for a ballot question has not, thus far, direct that the County staff provide information to the group as it would to any other request for information, and schedule a workshop to discuss the matter further. The workshop is scheduled for Monday, May 13, 2002, Any question to be included in the established election cycle for the November, 2002 ballot will be required to be presented in final form to the Supervisor of Elections by July 15, 2002. This requires the Board of County Commissioners to adopt a resolution declaring the ballot question and ordering and calling an election thereon. In regards to this same issue of "concurrency", the Board of County Commissioners has also directed and staff is preparing amendments to the Comprehensive Plan and the Land Development Code for a concurrency management system for transportation which will a~so be presented and considered by the Board on this same agenda, That proposal provides for "real time" concurrency and a system for measuring roadway capacity on an on-going basis, and also includes a system for measuring and slowing growth on roadways that are approaching their capacity, GROWTH MANAGEMENT .,IMPACT..: The entire issue is essentially a Growth ~nagement Plan (GMP, also known as the Comprehensive Plan) issue and will, for any genuine change, require GMP amendments and subsequent Land Development Code amendments. The County Commission has already directed changes to the Comprehensive Plan and the Land Development Code that are working their way through the system. These amendments will be heard by the appropriate advisory boards and the County Commission through the summer, and fall of this year. FISCAL IMPACT: There is no fiscal impact associated with this particular item. Because there is already a county-wide election scheduled for the fall, should the Board decide to add an item to the ballot, there would be no significant increase in the costs of the election, RECOM..ME,NDATION: That the Board of County Commissioners consider the request by the Taxpayers Action Group for a referendum to be conducted this fall regarding a change in the definition of concurrency and direct staff to either: Direct TAG to follow the procedures outlined in Resolution 96 -134 Citizens Petition Process Policy; Determine what, if any, additional information is necessary; IA(:~E~DA tT-EM Nm. _~~ 4A¥ 142082 MAY-DS-~O~ 16:~5 FROP~:CO. MANAGE~'SOFFICE 1941TT44~i0 T0:941 498 ~'TST P.4-"4 Waive the application of the Citizens Petition Process Po[icy and direct the County Attorney to prepare the documents for placing the item onto the ballot as proposed if the Board of County Commissioners endorses the referendum; Waive the Citizens Petition Process Policy and direct an item onto the ballot in some other format, or; Reject the proposal. ThOmas W. Oiiiff County Manager 3 RESOLUTION NO. 96-134 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ADOPTING A COI~IER COUNTY CITIZEN PETITION PROCESS POLICY WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board"), is interested in hearing from the .citizens of Collier County and wishes to provide a policy/document of centralized information to assist the citizens and facilitate the process by which a number of citizens can bring a matter of substantial County interest to the Board's attention for further consideration or action; and W/~EREAS, the Board has developed, considered and approved a Collier County Citizens Petition Process Policy on March 12, 1996, attached hereto and made a part hereof as Exhibit "A" and approved this Resolution to adopt said policy. NOW, THEREFORE, BE IT RESOLVED BY THE BOA3UD OF COUNTY CO,~MISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier County Citizen Petition Process Policy attached hereto and made a part hereof as Exhibit "A" is hereby approved, adopted and in effect immediately. This Resolution adopted this 12th day of March, 1996 after moticn,,second and majority vote favoring same. AT~EST ~.' i' DWIGHT E.[BROCK, Clerk :7 ...... '..:... ~ ~'~... . · !..'.~ .: ' ~ . .' .? '. .... r~..~ .~'. App~ove~~ a~.,{o fo~ and ' '< leg~l"~f~ciency: . :'/ P ~vid C. Weige! County Attorney BOA~RD OF CO%rNTY COM]4ISSIONERS COLLIER COUNTY, FLORIDA ~N C. NORRIS, Chairman 2002 i ?'"~' COLLIER COUNTY CITIZEN PETITION PROCESS POLICY Th~ Board of County Commissioners (hereinafter, "Board") is under no statutory obligation to provide a method for citizens to cir- culate petitions on which they would like the Board to ¢onsi4er action. The Board is interested in hearing from its citizens and has, therefore, created this policy and adopted same pursuant to Resolution No. 96-134 to facilitate the process by which citizens can bring a matter of substantial county interest to the Board's attention for further consideration or action. Nothing in this policy shall be construed as an abrogation of the Board's authority or responsibility. A. Designation of County Manager as Filing office. The County Manager (County Administrator), 3301 Tamiami Trail East, Naples, FL 33962, Administrative Building (8 floors), 2nd Floor, is hereby designated on behalf of the Board of Collier County commissioners as the official address and location for Collier County residents to initiate petitions to come before the Board of County Commissioners. All materials required to be filed with a citizen petition shall be filed with the County Manager until such time as the Board of County Commissioners determines to place the sub- ject on the ballot. Upon establishment of an election date by the Board of County Commissioners, persons seeking to make expenditures both for or against the citizen petition shall form a political action committee with the Supervisor of Elections in accordance with the provisions of Chapter 106, Florida Statutes. B. Collier County citizen Petition Subjects. citizens of Collier County may petition their Board of County .Commis- sioners on a variety of subjects. Petition-requirements vary and are dependent upon'the type of petition to be cir- culated. This policy pertains to the following subjects: 1. Petitions for creating Road Improvement Districts. 2. Petitions for creating Drainage Improvement Districts. 3. Petitions for creating Street Lighting Improvement Dis- tricts. 4. Petitions for creating Beautification Improvement Dis- tricts. 5. Petitions for creating Municipal Services Taxing Units 6. Petitions for creating Municipal Service Benefit Units 7. Petitions~ seeking to place a binding referendum on the ballot. 8. Petitions seeking to place issues on the ballot for a straw vote. However, no petition circulated with respect to any subject for which 'the Board has no statutory authority to act, or, on county budgets, commission district lines, or any other subject for which the Board is mandated to act pursuant to state or federal law shall be accepted by the Board for its consideration. Collier County citizen Petition Process. No special elec- tion shall be called solely for the purpose of voting on a citizen petition. Items placed on the ballot as a result, of collier County's citizen petition process shall be placed on the ballot concurrent with another state or county election except that no citizen petition shall be placed on the Second Primary ballot. Other than providing the citizen sponsor with a copy of this policy, county staff shall not partzcipate in the drafting of a citizen petition or prepa- ration of any maps used in conjunction with a citizen peti- tion. Any proposed citizen petition, the purpose of which is to convince the Collier County Commissioners to create a municipal services taxing and/or benefit unit, a road improvement district, or to place a measure on the bal- lot, shall first be submitted to the County Manager for approval as to format prior to circulation of the pro- posed citizen petition. Such citizen sponsor's submis- sion shall be in writing, shall be dated, shall clearly state the citizen sponsor's name, and shall include a copy or a facsimile of the form proposed for circula- tion. The County Manager shall only review the peti- tion for sufficiency of format. The County Manager shall not review the form for legal sufficiency. Any proposed citizen petition shall be limited to a single subject. This requirement exists_in ~he event the Board subsequently, decides to place the matter on the ballot. Ballot questions must be clear and unambi- guous so electors can readily respond "yes" or "no" to the question on the ballot. A "yes" vote will indicate approval of the proposal and a "no" vote will indicate rejection. The County Manager shall assign a sequential number to each 'citizen petition once the submitted format has been deemed sufficient. The sequential number shall be preceded with the'last two digits of the calendar year in which.the petition was initiated. Ail copies of the citizen petitions circulated shall contain the sequen- tial number issued by the County Manager as an integral part of the petition. If the petition involves an area which is lees than countywide, the petition shall con- tain the legal description and a map of the affected area as an integral part of the petition t_Q__b~9~.circu- lated i MAT 1 2002 j Barring unforeseen events such as hurricanes or other emergency situations, the County Manager has 21 days to determine the number of valid petition signatures required for the petition. The County Manager shall, by certified mail, notify the citizen sponsor of the petition number and, depending upon the type of action sought, the number of valid signatures required ~or Board consideration. If the purpose of the citizen petition is ballot placement, the citizen sponsor shall be required to form a political action committee With the Supervisor of Elections in conformity with require- ments of Chapter 106, Florida Statutes. Proposed citizen petitions to be circulated for signa- tures will be accepted by the Board only if the format of the petition has been deemed sufficient by the County Manager applying the requirements of this pol- icy. Any change in a previously approved petition form, or additional types of petition forms to be circulated by a previously approved circulator, shall be submitted in accordance with the provisions of this policy. A change to a petition form or an additional type of petition form means: any change in the wording of the text of the proposed amendment, the ballot title, or ballot summary, including changes in punctuation or spelling. Once a citizen petition has been issued its petition number, the sponsor's group has 12 months from the date of the Manager's certified letter of sufficiency, to complete the petition process before the citizen peti- tion becomes invalid for lack of citizen i~terest. An approved citizen petition shall be invalidated by any one of.th~ following: a. the failure to acquire sufficient signatures for further action within 12 months; b. the Board's adoption of a preemptive ordinance which negates further action by the citizen spon- sor; c. the enactment of preemptive state or federal leg- islation; d. the enactment of state or federal legislation whicg% removes any authority the Board may have over the subject; e. the enactment of state or federal legislation which mandates upon the County an action which would make the petition subject illegal;. ge 10. 11. 12. he a determination by the County Attorney that the ~etition seeks an action for which the Board has no statutory authority; a determination by the County Attorney that the petition addresses a subject prohibited by statute or ordinance (functions which the Board can't delegate); or a determination by the County Attorney that ~he petition is legally deficient. Signatures collected on a defective petition are imme- diately invalidated and cannot be transferred to subse- quent corrected petitions. No changes shall be made to any petition which has been issued a sequential petition number by the County Manager. If a petition's defect may be cured with redrafting, the citizen sponsor must begin the petition process anew -- both in terms of the petition submittal, approval as to format, assignment of sequential number- ing and the signature gathering process. Signatures collected on the defective petition cannot be trans- ferred to the corrected petition. If the citizen sponsor decides to redraft a petition for any reason, the sponsor shall notify the County Manager in writing and begin the process anew· The notice to the County Manager shall indicate that all copies of the petition being canceled or recalled have been destroyed by the sponsor· The County Manager shall close out the previously assigned petition num- ber. The redrafted petition shall be issued a new sequential number and shall contain a "Rev. (date)" on the bottom of the form. The revision date i~ the date on which the County Mahager sent the certified letter of sufficiency to the sponsor. If during the process of verifying ~ignatures for the revised petition it is determined that copies of the original or earlier peti- tion were, in fact, circulated by the sponsor and were not destroyed as previously indicated, the entire peti- tion will be invalidated. No new petition may be sub- mitted to the County Manager by the petition's sponsor or a petition submitted on the invalidated petition's subject for a period of 24 months. It is the Collier County citizen petition sponsor's responsibility to: a. Determine the legal requirements for the petition; including conforming to the requirements of this policy; .............. ............ Develop the format for the petition; P:~c 4 orx be 2002 13. 14. 15. Ce Mass produce the petition; 'Circulate the petition for signatures; Present signed petitions to the County Manager for further action in a timely manner; Pay the fee required for verification of petition signatures. The fee shall be no more than author- ized by Florida Statutes. The fee is based upon the total number of petitions submitted, not %he number of valid petitions submitted. If the signatures requiring verification are '.of purportedly locally registered voters, the rules for verification for both constitutional initiative and candidate petitions shall apply. All signed petition forms pertaining to a citizen peti- tion shall be submitted in the aggregate to the County Manager as one document package. No submission of additional petitions shall be made even if the petition is found to be deficient in the number of valid signa- tures or property owners required. The Board shall require petitions containing valid sig- natures from ten percent (10%) of the potentially affected citizens before directing staff to: a. begin a preliminary investigation of the issue; b. conduct any cost/benefit analysis on the issue; or c. have the County Attorney determine the legal suf- ficiency_ of the petiti°n before further petition circulation occurs. The type of petition determines whether or not the sig- nature requirement is for locally registered voters or property owners and what the total number of valid petition signature req~%rements shall be. This policy advises that certain actions that may be requested of ~he Board, such as the creation or modifi- cation of municipal service taxing units or municipal service benefit units or other requested exercise of the Board's powers, duties and authority may be subject to the prerequisites of Section 125.01, Florida Statutes, or other Florida laws and/Or Collier County ordinances affecting the numbers and type(s) of indi- vidual petitioners required under this policy. Florida laws and County ordinances may be created, amended, superseded or repealed from time-to-time. The fees for verification of registered voter signatures by the Supervisor of Elections shall conform with Section 99.097, Florida Statutes. The fees for verification of property owner signatures by the Property~ Appraiser shall conform with applicable Florida law~ and the Property Appraiser's fee policy. Pn~c 5 oi' E 16. 17. 18. 19. 20. 21. 22. 23. 24. The dounty Manager shall forward the submitted peti- tions to the appropriate office for verification -- the Supervisor of Elections for registered voters or the Property Appraiser for property ownership. Upon receipt of the verification fee and the petition, the verifying agency shall have 45 days in which complete the work. No verification shall occur until payment has been received from the petition sponsor.. Citizen petitions which are countywide in scope shall be submitted to the Manager no less than 180 days prior to the election date on which such petition's ballot question is to appear, except as otherwise required by law. citizen petitions which are less than countywide in scope shall be submitted to the County Manager no less than 210 days prior to the election date on which such petition's ballot question is to appear, except as otherwise required by law. Upon receipt of the petition's signature certification by the appropriate verifying agency, the County Manager shall schedule said petition on the next regularly available Board public meeting agenda. Ordinances and/or resolutions originating from citizen petitions and containing ballot questions for a county- wide vote shall be adopted by the Board no less than 90 days before the election date except as otherwise required by law. Ordinances and/or resolutions originating from citizen petitions and containing ballot question~ f~r a vote which is less than countywide shall be adopted by the Board no less that 120 days before the election date except as otherwise required by law. The Supervisor of Elections shall assign the ballot position number for all ballot questions placed on the ballot by the Board of County Commissioners. A citizen petition which has been defeated at the polls shall not be the subject of another petition effort for 36 months except as otherwise required by law. M k'f 2002 '~'~ ..~ De collier County Citizen Petition Form. Each petition submit- ted by a citizen sponsor must conform to the following requirements before the county Manager may issue a notice of sufficiency: 1. Proposed citizen petitions must be printed on cards or sheets of paper and may be signed by only one person. 2.' Proposed citizen petitions to be circulated for signa- tures must be printed on separate cards or individual sheets of paper. The minimum size shall be 3 inches'by 5 inches and the maximum size shall be 8.5 inches by 14 inches. 3. Once the petition has been approved for Circulation, the sponsor may reproduce petition forms in newspapers, magazines, and other forms of printed mass media pro- vided the forms are reproduced in the same format authorized by this policy and approved by the County Manager. 4. For any citizen petition which must have signatures verified by the Supervisor of Elections, deemed a political advertisement as defined in §106.011(17), Florida Statutes, must contain the political disclaimer required by §106.143, Florida Statutes. 5. The petition must contain adequate space for the signee's signature, printed name, residence street address, city, state, zip code, precinct number if known by sign,e, date signed, and signee's date of birth or voter registration number. 6. The top of the petition form shall be clearly and con- spicuously entitled: "Collier County citizen Petition 7. Line 2 of the petition title shall clearly and con- spicuously nSte: "County Manager's determination of sufficiency on (date)." 8. Each petition form shall contain the following state- ment at the top of the form underneath the petition title: To the extent that §104.185, Florida Statutes, applies to thi~o petition, ,It is unlawful for any person knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the 2002 provisions of this section shall, upon con- viction, be guilty of a misdemeanor of the first degree, punishable as provided in S775.082, §775.083, or §775.084.' (§104.185, F.S.) Each petition form seeking to place an issue on the ballot shall contain the following statement: ~ To the extent that §104.24, Florida Statutes, applies to this petition, 'No registered elector shall, in connection with any part of the election process, fraudulently call himself or herself, or fraudulently pass by, any other name than the name by which the elector is registered nor fraudulently use the name of another in voting. Any person who violates this section is guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.' (§104.24, F.S.) 10. The petition's title, as it would appear on the ballot, shall be stated in bold print and shall not exceed fif- teen (15) words in length. Il. Next, the substance" of the ballot question shall be an explanatory statement and shall be stated in clear and concise language to elicit a yes or no vote and shall not exceed seventy-five (75) words in length. 12. Should the text be required to be printed on both sides of the petition, it shall be clearly indicated that the text is continued cn the back side or begins on the other side. _ 2002 EXECUTIVE SUMMARY STAFF UPDATE ON PLAN TO IMPROVE RELIABILITY OF COUNTY WATER SUPPLY AND PRODUCTION PRIOR TO PEAK SEASON 2003 AND AUTHORIZATION TO IMPLEMENT IMPROVEMENTS UP TO $690,000 OBJECTIVE: To receive an update from staff on plans to improve the reliability of County water supply and production facilities at the North County Regional Water Treatment Plant (NCRWTP) in advance of peak season 2003. CONSIDERATION: At a special meeting on Saturday, March 30, 2002, the Board of County Commissioners declared a temporary state of emergency and implemented mandatory restrictions on using County potable water for non-essential uses. This action was deemed necessary after mechanical failure of system sub-components resulted in a partial reduction in the County's ability to produce potable water. On April 9. 2002. agenda item 10(A), the Board heard staff's plan to evaluate alternatives to improve the overall reliability of the County water supply and production capabilities. That plan was divided into two phases: Improvements Preparatory to Peak Season 2003. and Future Improvements. At that time. the Board requested additional info~Tnation related to thc cost and benefit of the various alternatives under consideration. Staff evaluated the various alternatives along with some new alternatives. Stafr recommends the following improvements be accelerated for completion prior to peak season _00.~: 1. Provide additional Lower Ha,~vthorn brackish water suppl.', wells a. Four (4) new wells (construction in progress) b. Two (2) additional wells for redundancy 2. Complete Lower Tamiami Wellfield Reliability Improvements: a. Consider amending County Land Development Code to eliminate regulations requihng ~conditional use' zoning for public water suppl.',' wells b. Complete five (5) additional Lov, er Tamiami fresh ~ater suppl.,,' wells 3. Restore production from two (2) wells which have acceptable water quality but declining yields by acid flush. 4. Initiate design of in-plant modifications to enhance operational flexibility at both the North and South County Regional WTPs: a. By-pass fresh water to blend with Reverse Osmosis finished water. b. Boost RO feed water pressure by adding one stage to existing pumps. 5. Boost the withdrawal rate on the one well at the Manatee Road Potable Water Aquifer Storage and Recovery Facility. 6. Offset peak season demand by switching large-scale users of potable water for irrigation to the County's reclaimed water system using supplemental w'ater from currently' available alternative in'igation water supplies. Staff also recommends initiating an effort to begin converting the existing saline water RO equipment to process the saltier water being produced from the wells. The hydrogeologist experts are uncertain about the cause of the increased salinity; however, they agree on one ,~0... I0 ~ lq/ ¥ 1 q'2002 Executive Summary Staff Update on Plan to Improve Reliability of County Water Supply and Production Page 2 thin_o: the water quality will continue to turn more salty over time with pumping. The planning effort would not be wasted as the long-range direction is to ultimately convert the treatment plant to salt water RO. It is recommended to initiate preliminary design for retrofitting the NCRWTP with salt-water RO capability. In concept, each new 2-mgd saltwater RO unit would displace an existing 2-mgd saline water RO unit. In concept, key components of the displaced saline RO unit can be salvaged by being transferred from the NCRWTP to the SCRWTP for beneficial use in the vacant slots being constructed as part of the on-going SCRWTP expansion. This could help to offset the cost to retrofit to the NCRWTP to salt water RO. A cost-benefit analysis of the selected alternatives is summarized as tabulated below: Item Finished Water Estimated Cost per Number Acti vit`,.' Capacity. mgd Cost Gallons 1 Four (4) Ne,.,.' RO ,,,,ells 0.,4 $4.700.000 $1.45 2 Add stage to RO feed pumps 0.50 $80,000 $0.16 3 Add stage to Manatec ASR Well 0.25 530.000 50.12 4 Restore Yield from T`.vo (2! RO \Veils 0.50 $80,000 50.16 5 T`.`, o (2) Redundant RO Wells 1.50 $2,800,000 $1.8'7 6 Offset Potable hTigation Demand 1.00 not a`, ai lable ...... 7 Freshwater Bypass to RO PeFmeate 1.60 570.000 S0.04 8 Preliminary Design Salt \Vater RO 0.00 5100,000 SO 9 Five (5) Tamiami Reliability \\,"ells 0.00 51,400.000 $0 10 In-plant Reliability Replacements 0.00 $450.000 $0 11 Replace Control Hm-d`.vare/Software 0.00 S 160.000 $0 12 Replace Concentrate BFP Valve 0.00 530.000 S0 13 Revisit P.M/Spares Policies 0.00 $25.000 $0 The existing production capacity as of April 2002 is 26.2 mgd of finished water. Projected maximum month flow in peak season 2003 is projected to be 30.6 mgd per the 2001 Master Plan Update. Actual data is tracking lower than the Master Plan projections. Based on a 5- year average annual increase of 6.9 percent, the peak month demand for 2003 is projected to be 28.3 mgd. To achieve the more conservative projected demand of 30.6 mgd per the Master Plan, Items 1 throu_oh 4 will supply enough additional water to be able to produce a 30.7 mgd of finished water.7 Completing Items 5 through 7 can effectively make an additional 4.1 mgd of finished water available, to be used as a contingency in the event the demand exceeds projections or, the estimated benefits of Items 1 through 4 are not fully realized. Items 8 through 12 are reliability improvements to provide additional assurances that, in the event of mechanical failures, equipment can be repaired or replaced without prolonged interruptions in service. AGENDA ITEM_- .0. /~ ~-~ _ MAY 1 4 2002 Executive Summary Staff Update on Plan to Improve Reliability of County Water Supply and Production Page 3 From the demand side, switching large-scale irrigation users of potable water to an alternative supply can reduce peak season demand. The recently completed Immokalee Road wellfield makes 1 mgd of non-potable water available for discretionary irrigation use. Staff will identify large-scale irrigation users of potable water that are ready-and-able to immediately accept bulk service delivery of non-potable irrigation water. Staff will evaluate the economic feasibility to connect them to the County's non-potable irrigation supply. The estimated cost will become apparent as the target irrigation sites are developed. The proposed plan is to have the recommended improvements operational for beneficial use in time for peak season 2003. To meet that accelerated schedule, adequate funding must be available. Also. procurement of design services, materials, and construction services must commence immediately and continue for the next several months. The bulk of the procurement work is anticipated to occur during the Board's 2002 summer recess. To facilitate this accelerated project, advance approval is needed to execute any and all purchase contracts directtv related to the recommended capacity improvements that, in accordance with County Purchasing Policy, require Board approval. Section 255.20 F. S. requires that all public works construction projects over $200,000 be procured via formal public competition. However, subsection 255.20.1.a. b, and c of the F. S.- gixes the Board of County Commissioners discretion to vcaive this requirement under emergency circumstances. Accordingly, staff requests that the Board exercise its discretion and waive the formal statutory and County purchasing policy requirements for formal competition and authorize staff to enter into contract(s) directly related to the recommended capacity improvements. An emergency declaration is justified as serving a valid public purpose because the recommended improvements are needed to meet concurrency. Staff is requesting authorization to implement the following improvements. Items 1.2.5.7. 9. 11, 12. and 13 are being implemented per Board direction on related agenda items. Estimated costs to implement the remaining items are divided between Impact Fees and User Fees as tabulated below. The source of funds for capacity-related improvements are shown as Water Impact Fees, Fund 411. The source of funds for work related to renewal, replacement, and reliability are shown as Water User Fees, Fund 412. Item Impact Fee User Fee Number Activity Costs Cost 3 Add stage to Manatee ASR Well $30,000 4 Restore Yield from Two (2) RO Wells Offset Potable Irrigation Demand Preliminary Design Salt Water RO In-plant Reliability Replacements Total 6 8 10 $30,000 $80,000 notavailable $100,000 5450,000 5630,000 ~G£~ ITEI~ ,0. /0 MAY 1 4 2002 PG. ,3 Executive Summary Staff Update on Plan to Improve Reliability of County Water Supply and Production Page 4 Construction will consist of several components and may be implemented by purchases from one or multiple vendors. The primary components or trades ma.y include well drilling, soil foundation preparation, site work, underground utilities, mechanical, and electrical. Contracts pursuant to the water supply wells are being procured through conventional and/or previous Board actions. All other projects listed above will be procured via various expedited methods under the emergency declaration and each award exceeding the formal competitive threshold will be reported back to the Board for ratification at the first available meeting. FISCAL IMPACT: The wells and in-plant improvements are works-in-progress for which funds are either available in FY2002 or will be available pending proposed budget amendments under a separate Board action. A budget amendment is needed to transfer funds in the amount of 530.000 fi'om Reserves for Capital Outlay in Fund 411 to project 70157 Manatee Road ASR. Source of funds is Impact Fees. There are currently insufficient funds available in Fund 412 User Fees for the balance of the work. Loan proceeds from a proposed commercial loan program are anticipated to be available for the balance of the Estimated User Fees required for the recommended improvements. Funds needed for improvements to be made after October 1. 2002 will be added to the requested budget for FY2003 as appropriate. The County Finance Committee. including staff from the Finance Department of the County Clerk's Office. the Public Utilities Division. and the Office of Management and Budgets. has applied and received commitment, under the Florida Local Government Finance Commission Pooled Commercial Paper Loan Program - Collier County Water-Sewer District. for a commercial loan agreement in the amount of S70 million. A recommendation for the Board to approve the loan agreement is forthcoming. GROWTH MANAGEMENT IMPACT: The recommended improvements are needed to meet concurrency. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment, waive statutory and County purchasing policy requirements for formal competition, and authorize the County Manager to execute necessary agreements and/or purchases during the Board's summer recess related to implementing the recommended improvements in time for peak season 2003. Executive Summary Staff Update on Plan to Improve Reliability of County Water Supply and Production Page 5 SL~MITTED BY: ~ Jc, q-5-.,r-~--- Date: Karl W. Boyer, P.E., L~ilities Engineering Principal Projec~Manager step '. 11 a Purchasing Director Date: 'Roy ~. Andes .... Utilities Engineering Director REVIEWED BY: / ',-.~/;. [*'q'~-"~g.~-.-- Date: Paul Mattausch, Water Director APPROVED BY: (-' Date: Tom/Wides. Interim Public Utilities Administrator AG£t~O~ MAY PG. EXECUTIVE SUMMARY APPROVE A CHANGE ORDER TO THE DESIGN BUILD CONTRACT WITH METCALF & EDDY, INC., FOR TWO ADDITIONAL REVERSE OSMOSIS RAW WATER SUPPLY WELLS AND IN-PLANT MODIFICATIONS FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70094, IN THE AMOUNT NOT TO EXCEED $3,300,000. OBJECTIVE: To effect reliability improvements to the raw water supply and reverse osmosis treatment process at the NCRWTP to avoid potential water supply deficits anck'or disruptions to water service by providing additional redundancy raw water capacity and modify in-plant processes to yield increased finished water output. coNSIDERATIONS: The North County Regional Water Treatment Plant 8 million gallons per day (mgd) expansion project included ten new reverse osmosis raw water supply wells. Over the last two years, five of the ten wells have shown declining reliability. Remedial action has been successful in improving only one of the wells. Two additional wells and in plant production modifications are now required to achieve the plant's 8-mgd of water production. On December 11, 2001, as agenda item 16(C)10. the Board of County Commissioners (BCC) declared this project an emergency and instructed staff to negotiate a design-build contract to provide four reliability wells. On FebruaD, 16. 2002 the BCC approved the design build contract to construct four new wells. Supply' and Demand projections for peak season 2003 require emergency action be taken now to provide additional reliability prior to peak season 2003. The requested two additional wells will provide an estimated 2-mgd of redundant raw water supply. The plant improvements include fresh water by-pass, additional stage to RO Feed pumps, replace control hardware and software, replace concentrate backflow preventor, and dual raw water feed piping. The plant improvements will provide an estimated additional 2.1-mgd of finished water production. Unit prices and subcontractor bids are known and staff has sufficient information to negotiate a fair and reasonable change order to the existing design-build contract with Metcalfand Eddy. FISCAL IMPACT: The current design-build contract with Metcalf and Eddy is for 53,973,196. A balance of Impact Fee funds in the amount of $215,557 is budgeted for this project. The additional required User Fee funds are in the amount of $3,084,443. Budget amendments will be required to move budgets around from deferred and canceled projects to this project. Two projects have been deferred to next year. Project 70071, the Livingston Road Phase 1V Utility Relocates in the amount orS1,491,343 and Project 70059, Distribution Warehouse Facility in the amount of $800,100. Project 70069, the NCRWTP Generator Upgrade in the amount of $793,000 is no longer cost effective and is cancelled. The source of funds is Water User Fees and Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project is required to insure c, Executive Summary Approve Work Order Page '~ RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve, and authorize the Public Utilities Administrator to negotiate and execute a change order in the amount not to exceed $3,300,000 to Metcalf & Eddy, Inc. and approve the necessary.' budget amendments. SUBMITTED BY.,,t/'~:,~v,-._~ ,~ & '~ / James L. McGee. Proiect Manager Purchasing Director S~phed Y. ('dmell. DATE: REVIE~VED BY: REVIEX~,'ED APPROVED BY: Roy B. Anderson. P.E.. Director Public Utilities Engineering Department Paul Mattausch. Director Water Depm'tn~ent Thomas Wides. Interim Administrator Public Utilities Division I)ATE' :" 2002 ] ~G.., =~ H EXECUTIVE SUMMARY BOARD CONSIDERATION OF ALTERNATIVE MAKE-UP OF THE TOURIST DEVELOPMENT COUNCIL TO PROVIDE REPRESENTATION FOR ALL MUNICIPALITIES OBJECTIVE: Board provide direction to staff regarding the change in make-up of the Tourist Development Council. CONSIDERATIONS: The Tourist Development Council (TDC) was created on March 23, 1992 by Ordinance 92-18 to make recommendations to the Board regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of special projects or uses of tourist development tax revenues, and to review expenditures of revenues from the tourist development trust fund. Membership consists of the Chairman of the Board of County Commissioners, two elected municipal officials, three owner/operators, and three non-owner/operators. Terms are for four years. Ordinance 2000-44 provides for the City of Everglades and the City of Marco Island to alternate as the second municipal member, and in the event other municipalities are legally created, those municipalities will be included in the rotation for the second municipal seat. Currently, the TDC membership consists of the following: Chairman James N. Coletta Marco Island Councilman E. Glenn Tucker Naples Vice-Mayor Gary Galleberg Joseph N. Dinunzio (Owner/Operator) Jerry Thirion (Owner/Operator) Kevin M. Durkin (Owner/Operator) Susan M. Becker (Non-Owner/Operator) Gene Vaccaro (Non-Owner/Operator) Rhona Saunders (Non-Owner/Operator) Expiration Expiration Exp~ranon Explranon Exp~ranon Exp~ratmn Expiration Exptratmn Exp~ratmn of term: 1/14/03 of terns: 4/21/04 of term: 4/21/04 of term: 4/21/04 of term: 4/21/03 of term: 4/21/06 of term: 4/21/06 of term: 4/21/03 of term: 4,/01/04 H. Kent Stanner (Non-voting Ad Hoc Advisor) Expiration of term: 4/21/03 During the Board meeting on March 28, 2002, Commissioner Fiala expressed concern over the City of Marco Island's lack of representation on the TDC upon expiration of the current 4-year term in 2004. This seat alternates between Everglades City and the City of Marco Island every four years. The attached legal opinion rendered by Assistant County Attorney Jacqueline Hubbard Robinson provides a viable alternative for permanent seats for both the City of Marco Island and Everglades City. HAY l 2002 .g. / Should the Board select this alternative, staff recommends that upon expiration of the next term of a Non-Owner/Operator, namely Gene Vaccaro, whose term expires April 21, 2003, Everglades City submit its recommendation of an individual for its representation on the Council to the Board. This alternative would allow each municipality representation on the Council and may be implemented by Board resolution. FISCAL IMPACT: There is no fiscal impact regarding this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATION: PREPARED BY: 7...; ' D.E. "Bleu" Wallace, Director CDES Operations Department APPROVED BY: JoSeph K. Scha'nitt, Administrator Board consider the alternative presented and provide staff direction. DATE: (7ommunity Development & Environmental Services Division MAY 14 2002 p~. ~ OFFICE OF THE CO UNTYATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Bleu Wallace, Director of Operations Jacqueline Hubbard Robinson, Assistant County Attomey ~~ April 15, 2002 RLS #CMD02041104-Makeup of Tourist Development Council Query: First, during the Board of County Commissioners meeting on March 28, 2002, Commissioner Fiala expressed her concern about the CiO, of Marco Island's lack of representation on the TDC after the current 4-year term expires, when that chair will alternatively be occupied by an Everglades City representative for four ),ears. As the makeup of the TDC is dictated by Florida Statutes, does the Board of CounO' Commissioners have any discretion in replacing a "non-owner/operator" vacancy, whe~ the next term expires, with a permanent seat for a Marco Island elected official? Second, the Counta' Manager has requested that sta. ff review am' option,s to address Commissioner Fiala's concerns regardl)~g this matter. First Response: The County has limited discretion to fill a non-owner/operator vacancy or any other vacancy in the Tourist Development Council with a city designated representative. Florida Statutes section 125.0104 (4)(e) states that the County Tourist Development Council as the governing board of each county which levies and imposes a tourist development tax under this section shall appoint an advisory council to be known as the "...(name of county)...Tourist Development Council." The council shall be established by ordinance and composed of nine members who shall be appointed by the governing board. Two members of the council shall be elected municipal officials, at least one of whom shall be from the most populous municipality in the county or sub-county special taxing district in which the tax is levied. Six members of the council shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, of which members, not less than three nor more than four shall be owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to tax. Second Response: One option would be to allow each of the city council[s] of un-represented municipalities to select and recommend a Tourist Development Council appointee upon the occurrence of a vacancy who may or may not be an elected official. MAY lq 2O02 Page Two Bleu Wallace April 15, 2002 The Tourist Development Council is limited by Florida Statutory law to nine (9) voting members. Two shall be elected officials, [one must be from the largest municipality in the County], but there is no limit, especially, if the elected official is involved in the tourist industry and is interested in tourist development. Conclusion: The Collier County Board of County Commissioners may institute a policy by resolution to allow each municipality to recommend a list of possible representatives or perhaps one person to the Board when a vacancy exists. The Board may select from the list one of the recommended persons for a seat on the Council for a full term. In this manner, each municipality xvill have the ability to recommend a member of the council. Attached is a copy of the proposed resolution. Cc~ David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney Board of County Commissioners Thomas Olliff, County Manager Joseph Schmitt, Administrator. CDES H: Jackie, Tourist Dex elopment Tax' Memo to Bwallace tdc makeup 41502 .IF MAY 1 q 2002 SC:{MT$SzONER£ ':.-~-,.r ..... ~Z- CC.'_iT.ER CCU::?Y NU'.;ZCZFAL~T'rE£ NHEREAS, F!orid~ Slazu:es, section i2S.3174 (c) l/mi:s zhe louris-_ Deveioumen~ Council ~o nine '{9) mem~oers; and seaZ for an eleczed official ~ the !arges-_ r. unzczua~_.: ~..~ only she seau for a second r. uniciua!i~y; and WHEP.£AS, , ....... = .......... ~ r. ire reuresenna~zsn t, l~llier Csunn': r. unicisaiimies. ZS:-l:,llSSltllE?.l ET ZiLLiEF iii'ill!', FLCRiiA, -has: E~ch r. unzciualzuv ix the Counsy non then ~c...~=Sol- ~ ~ criers one ~~ ..... e persons, who may or ~a',, RTl ke eles5ei 2ffz.ci~!s cf a car%icui~r 13~lrlsl ~eve!cmme..l 2cuxcli when a vacaxrv arises. The 5c~rl cf County ~omml may selecu eno of lhe re.c.ommendei oerscns for a se~u ox uhe Cs'inszl for a ~err. when is in ccnfcrmizy . AiiESi: E3AR/ CF 7:37}:i'5 882.D!iSSiZ, NEP, S Dep~cy .Clerk Car. es N. .Cclen~a, Ch~zrman Approved as no form and ieaal sufflc~ .... v: MAY 2002 - pg. ~"~ EXECUTIVE SUMMARY APPROVAL OF RESOLUTION PROVIDING RECOGNITION OF SECTION 28.33, FLORIDA STATUTES AND STATING POLICY RELATING TO INTEREST ACCRUING FROM MONEYS DEPOSITED WITH THE CLERK OF THE CIRCUIT COURT OBJECTIVE: Board approval of a resolution recognizing the statutory authority of the Clerk of the Circuit Court to invest County funds and stating policy relative to interest accruing on those funds. CONSIDERATIONS: Florida Statute 28.33 relates to the investment of County funds by the Clerk of the Circuit Court. The statutory language is as follows: F.S. 28.33 - Investment of county funds by the clerk of the circuit court. The clerk of the circuit court in each county shall invest county funds in excess of those required to meet expenses as provided in s. 218.415. No clerk investing such funds shall be liable for the loss of any interest when circumstances require the withdrawal of funds placed in a time deposit and needed for immediate payment of county obligations. Except for interest earned on moneys deposited in the registry of the court, all interest accruing from moneys deposited shall be deemed income of the office of the clerk of the circuit court investing such moneys and shall be deposited in the same account as are other fees and commissions of the clerk's office. The clerk may invest moneys deposited in the registry of the court and shall retain as income of the office of the clerk and as a reasonable investment management fee 10 percent of the interest accruing on those funds with the balance of such interest being allocated in accordance with the interest of the depositors. The Clerk of Courts shall invest county funds in excess of those required to meet expenses as provided in Section 28.33, Florida Statutes, Section 218.415, Florida Statutes, and any other applicable Florida statutes and retain any interest that may laxvfully be deemed as income of the Office of the Clerk of the Circuit Court, and return any excess interest earnings to the Board of Collier County Commissioners. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: This wilt result in a reallocation of existing interest earnings through the Clerk's Office that will ultimately be returned to the Board of County Commissioners. AGEF!DA ITEM No. ! Cn MAY lq 2002 Pg. RECOMMENDATION: That the Board of County Commissioners: Circuit Court. Michael Smykowski, OyB Director David C. Weigel, County Z~Sm y Approved By:~~, u ~ JIP ~ ~/'t~~ - w - Clerk Dwight ~)rl~o~k, of Courts Thomas W. Ollifh Court .t~Man}tger Adopt the attached resolution relative to the investment of County funds by the Clerk of the Date: Date: Date: ._5'"'"- _SP- ~ ~ Date: AGENDA ITEM MAY OOZ Pg._ z RESOLUTION NO. 2002 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, PROVIDING RECOGNITION OF SECTION 28.33, FLORIDA STATUTES, AS OF MAY, 2002 AND STATING POLICY RELATING TO INTEREST ACCRUING FROM MONEYS DEPOSITED WITH THE CLERK OF THE CIRCUIT COURT. WHEREAS, Section 28.33, Florida Statutes, as existing as of May, 2002 provides as follows: 28.33 Investment of county funds by the clerk of the circuit court.--The clerk of the circuit court in each county shall invest county funds in excess of those required to meet expenses as provided in s. 218.415. No clerk investing such funds shall be liable for the loss of any interest when circumstances require the withdrawal of funds placed in a time deposit and needed for immediate payment of county obligations. Except for interest earned on moneys deposited in the registry &the court, all interest accruing from moneys deposited shall be deemed income of the office of the clerk of the circuit court investing such moneys and shall be deposited in the same account as are other fees and commissions of the clerk's office. The clerk may invest moneys deposited in the regastry of the court and shall retain as income &the office of the clerk and as a reasonable investment management fee 10 percent of the interest accruing on those funds with the balance of such interest being allocated in accordance with the interest of the depositors. AND WHEREAS, the Clerk of Courts shall invest county funds in excess of those required to meet expenses as provided in Section 28.33, Florida Statutes, Section 218.415, Florida Statutes, and any other applicable Florida statutes and retain any interest that may la~vfulIy be deemed as income of the Office of the Clerk of the Circuit Court, and return any excess interest earnings to the )ard of Collier County Commissioners, NOW THEREFORE, BE IT RESOLVED AND RECOGNIZED BY THE BOARD OF COL,~TY COMMISSIONERS OF COLLIER COL%'TY, FLORIDA that the Clerk of the Circuit Court is authorized to invest county funds in excess of those needed to meet expenses as provided by Section 28.33, Florida Statutes, and related statutes referenced hereabove, and return any excess interest earnings to the Board of Collier County Commissioners. This Resolution approved and duly executed this __ day of .2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: By: JAYMES N. COLETTA, CHAIRMAN David C. Weigel County Attorney AGEN~, ITeM MAY 14 2.002 Fg._. 2, FINA~ ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR CEDAR HA~4OCK GOLF MAINTENANCE FACILITY OBJECTIVE: The Board of County Conunissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Cedar Hammock Golf Maintenance, 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 Community Development and Environmental Services staff on May 5, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. 00006, in the amount of S4,849.58, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated April 22, 2002. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly u~er revenues. MAT 14 2002 Executive Summary Cedar Hammock Golf Maintenance Facility Page Two GROWTH ~AGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. 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 the water and sewer facilities for Cedar Hammock Golf Maintenance Facility, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shfriey~ix, Engineering Technician Enginee~ Review Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager II Date Date APPROVED BY: Josep ~ ~. S~hmi~_::_.A._~inisttator COMMU I Y DEVELOPMENT AND ENVIRONMENTAL SERVICES attac MAY 2002 7_. rn o PROJECT LOCATION RADII] RD, DAVIS BLV] SITE LOCATION BEACH ~HITE 31 VD SATE ~LVD SABAL PALM RD, STE~/AR MAP ~FLL RD, N.T.S. ALLEY MAY 14 200Z FIDELITY GUARANTY AND ACCEPTANCE CORP. Box 2863, HOUSTON, TEXAS 77252-2863 (713) 599-2575 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 00006 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA 33962. ATTN: PROJECT PLAN REVIEW DATE OF ISSUE: IANUARY 14, 2000 PLACE OF EXPIRY: AT ISSUER'S COUNTERS DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL JANUARY 14, 2001 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON TI-IE ANNIVERSARY OF 1TS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENrEFICIARy IN WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: U.S. HOME CORPORATION, A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS 1N THE STATE OF FLORIDA (HEREINAFTER "APPLICANT") 10491 SlX MILE CYPRESS PARKWAY, FORT MYERS, FL 33912 $4,849.58 (U.S.) UP TO AN AGGREGATE THEREOF. CREDIT AVAILABLE WITH: BY: ISSUER PAYMENT AGAINST DOCUMENTS DETAIIJF. D HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON TI-IE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON TH~ ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY TIlE COUNTY MANAGER. CERTIFYING THAT: "U. S. HOME CORPORATION HAS FAH.ED TO PROPERLY MAINTAIN THE UTILITIES IN CEDAR HAMMOCK MAINTENANCE FACILITY TRACT B-1, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER U.S. HOME CORPORATION CREDIT NO. 00006 DATED JANUARY 14, 2000." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED. AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT,, AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RE AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN REFERENCE ANY DOCUME-NT, INSTRUMENT OR AGREEMENT. 'yATk~T MAY 1 ~ 2002 ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO TH~ UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. FIDELITY GUARANTY AND ACCEPTANCE W~ILLIAM D. GUNTRIJM~, VICE PRESIDENT MAY 1 q 2002 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CEDAR HAMMOCK CLUBHOUSE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Cedar Hammock Clubhouse, has constructed the water' facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on February 3, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection ~o examine for any defects zn materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. 00005, in the amount of $1,330.36, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated April 25, 2002. FISCAL I/~PACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. AGENDA ~'r~..M 1 2002 Executive Summary Cedar Hammock Clubhouse Page Two GROWTH ~AG~ IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. 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 the water facilities for Cedar Hammock Cllubhouse, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley Nde, rEn/gineering Technician Engineering Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date APPROVED BY: Joseph'S. Schmit~, ~dmini~trator ~~hmTe~t~EVELOPMENT AND ENVIRONMENTAL SERVICES MAY 1 q 2002 i-1 u PROJECT LOCATION RD, SITE LOCATION MAP LT 3EACH WHITE RI VD ,J DRANGETRE GATE ]~LVD SABAL PALM RD, STEt'AR '-LL RD. N.T.S. MAX I 4 2002 FIDELITY GUARANTY ,-UCD ACCEPTANCE CORP. Box 2863, HOUSTON, TEXAS 77252-2863 (713) 599-2575 DATE OF ISSLr~. PEACE ~ liXl~f: IRREVOCABLE STANDB~ LETTER OF CREDIT NO,.O0005 ~-. EC~'~ ::-- -' :~.ARAh, Ff *"'~C' ~(.,:EPT~',,e~E :.,;~ .--D~L!T'¢ G~A~AN'i". w',.O AC.C. Ep'TA/,,dCE,,~C, Rp .... J~Y 14, 2~' .-,' .,c ENGAGES WI~, _ B.ENEF~_CfARY THAT DRAFT(S~ DRAWN ~ER W1TH THE TERMS' OF'TH~ ~T'~ BE' ~0LY"~0NORF. Ef B¥'ISSI~ER~I~~'' = ~ '~ ~_~= :~'~'~ FRESEN3T. D-WlTI-IIN TI-IE VALIDITY OF I~..S C ..RED!T_ _ _. - nix_s From: Sent: To: Subject: andersonroy Thursday, April 25, 2002 12:52 PM nix_s FW: EXECUTIVE SUMMARY This is Cedar Hammock Clubhouse ..... Original Message ..... From: andersonroy Sent: Tuesday, April 23, 2002 5:50 PM To: nix s Subject? RE: EXECUTIVE SUMMARY No objection. ...... Original Message ..... From: nix s Sent: Thursday, April 18, 2002 3:22 PM To: andersonroy Cc: saylor_a Subject: EXECUTIVE SUMMARY 2002 EXECUTIVE SUMMARY Review Tourist Development related advertising and promotion invoices, determine expenditures serve a public purpose, approve appropriate invoices for payment, and 'approve specific funding source, as recommended by the Tourist Development Council in the amount of $68,395.86 from FY01-02 Tourism Advertising Budget and approve a re- appropriation of $48,736.19 from prior year funds to partially fund dated invoices. OBJECTIVE: For the Board of County Commissioners (BCC) to review and approve the appropriate Tourist Development advertising and promotion invoices for funding and payment, while finding that a public purpose has been served. CONSIDERATIONS: During a Regular Meeting of the Tourist Development Council (TDC) on April 15, 2002, the Council approved the following recommendations to the BCC: (1) Recommend BCC approval for direct payment of specifically identified invoices, which total $68,395.86, to the Tourism Alliance of Collier County. (The attached schedule lists all invoices by categories and disposition.) (2) Recommend BCC approval of available funding source, totaling $78,736.19 (on the attached schedule), to be used for payment of the $68,395.86 of dated invoices. FISCAL IMPACT: Funds identified with prior years' open purchase orders ($48,461.32) may be re-appropriated to Fund 194 reserves after the purchase orders are closed. BCC approval is required to utilize $48,461.32 from current year reserves to partially fund these tourism invoices. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the BCC take the following actions: 1. Approve tourism invoices for payment in the amount of $68,395.86 from the FY01/02 Tourism Advertising budget (Fund 194). 2. Direct the closing of FY99/00 and FY00/01 purchase orders, stated herein, and approve the re-appropriation of $48,736.19 of prior years' funds to partially fund these dated invoices, with remaining funds used for payment from Fund 194 current year budget. 3. Determine that the expenditure of funds represented by the approved invoices serve a public purpose. D' - ' r, CDES Operations APPROVED BY: /Je~seph K. Sch~tt, AdministraJg~r, Community invironmentl Services Division MAY 2002 COLLIER COUNTY GOVERNMENT CDES Operations Department CATEGORY "B" DATED INVOICE LIST 3ategory "I" - FY00/01 Invoices previously recommended for payment by TDC (January 14, 2002) This category consists of invoices submitted to the CDES Operations Department by the Tourism Alliance for reimbursement. The Tourist Development Council (TDC) recommended approval of these FY00/01 invoices for payment by the BCC during the TDC's meeting of January 14, 2002. Staff rejected for payment KSR Invoice # 16091, in the amount of $3,000, due to services that were NOT rendered and thus are not reimbursable. IDate of Invoice Invoice Vendor Number 2/28/01 KSR 14599 2/28/01 KSR 14611 4/30/01 KSR 14983 5/18/01 FLAUSA 10113 8/31/01 KSR 15930 9/16/01 ClassicFlorida TACC2099 9/16/01 ClassicFlorida TACC2098 9/30/01 KSR 16092 f'~/"~ f"~/f~ 1 T~' 01~ 1 9/30/01 KSR 16105 9/30/01 KSR 16470 9/30/01 KSR 16123 9/30/01 KSR 16106 9/30/01 KSR 16115 9/30/01 KSR 16471 9/30/01 KSR 16107 9/30/01 KSR 16118 9/30/01 KSR 16472 10/31/01 KSR 16468 11/19/01 ClassicFlorida TACC2112 11/19/01 ClassicFlorida TACC2111 11/19/01 ClassicFlorida TACC2110 Amount of Description Invoice Public Relations (October 2000) America Live Germany - Naples & Marco Shipping Charges Previously Deducted Renewal of Partnership Investment Enlarge and Mount Ads for July 28 Meeting Fulfillment - MI Chamber Expenses Fulfillment - MI Chamber International Lines Media July 2001 FLAUSA Website Buttons - Redesign Official FL Vacation Guide April - Sept. 2001 Shipping Charges Official FL Vacation Guide 2002 Official FL International Travel Planner Reproduction of 2002 Marketing Map Fall 2001 Newspaper Co-Op Ad Palm Beach Post Website Sept. 2001 Misc. Exp / 2002 Travel Planner Public Relations (September 2001) Accounting Services Fulfillment - MI Chamber Intemet. Postage Fulfillment - MI Chamber International Lines 9,000.00 432.50 508.13 350.00 280.00 775.55 380.61 8,764.00 1,588.00 1,253.70 989.32 510.00 48O.00 472.50 350.00 225.00 71.73 127.39 1,927.00 554.00 271.85 Category "II" - FY00/01 Invoice previously approved by the BCC ("previously unfunded") 6/30/01 KSR 15414 (Subtotal of Categories "I" & "II"): $ 25,304.00 54,615.28 Category "III" - FY00/01 Invoices reviewed by CDES Operations and to be approved by the TDC Subcategory III-l' Ms. Prutos' Letter Dated February 22, 2002 (November '01 TACC Invoices) ~'"' 11/30/01 KSR 16941 Publiq $ 11/30/01 Phase V 3397 Fulfill Page 1 of 2 MAY 1~ 2002 :d direct mailings Subtotal: 3,108.39 2,482.40 5,590.79 COLLIER COUNTY GOVERNMENT CDES Operations Department CATEGORY "B" DATED INVOICE LIST Subcategory 111-2: Ms. Prutos' Letter (Sheriffs Brochure) with subsequent Panther Printing Invoice 3/6/2002 Panther Printing 3716 Sheriffs Brochures - 4 color printing $ 6,400.0u Subcategory III-3: Ms. Prutos' Letter Dated March 22, 2002 09/30/01 KSR 16120 Classic Florida PR News Wire Release No Date Gulf Coast Printing 21418 (copy) Letterhead Shells/Preflight Disk Subtotal: $ 558.84 1,230.95 $ 1,789.79 UNPAID INVOICES' TOTAL (Sum of Categories "I" & "II" and "III"): $ 68,395.86 AVAILABLE FUNDING FOR CATEGORIES "I" AND "II" AND "III" (Fund 194) FY99/00 FY99/00 Purchase Order Balance(*) $48,461.32 FY00/01 FY00/01 Purchase Order Balance(*) 274.87 FY01/02 BCC-approved Budget Amendment 30,000.00 Available Funding $$ for Categories "I" and "II" and "III" $78,736.19 (*) Per staffs communications memorandum at TAB 3, "staff recommends that the TDC recommend that the Board authorize the re-appropriation of prior years' funds, identified as open purchase orders, as a funding source in the current fiscal year for settling these dated invoices." Page 2 of 2 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CEDAR ~AMMOCK, TRACT F-5, MULTI-F/%MILY OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Cedar Hammock Tract F-5, Multi-Family, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on January 21, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. 00007, in the amount of $23,652.36, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated April 26, 2002. FISCAL 1/~PACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. Executive Summary Cedar Hammock Tract F-5, Multi-Family Page Two GROWTH ~G~NT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recon~nends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Cedar Hammock Tract F-5, Multi-Family, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED~ BY: ~ S~irley ~!~, ~n~ineering Technician Enginee~i~ Review Services II Date REVIEWED BY: Thomas E. Kuc , P.E. Engineering Review Services Manager APPROVED BY: Joseph,./ Schmitt, A~mi~istra~or l/ attacFu~ent s SERVICES kGENDA Ii~ MAY 1 ~ 2002 FIDELITY GUAtL~NTY .~ND ACCEPTANCE CORP. Box 2863, HOUSTON. TEXAS 77252-2863 (713) 599-25?5 BENEFICIARY: [RREVOC~LE STANDBY LETTER OF CREDIT NO. 00007 THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, . FLORIDA OtEREINAFrER "BENEHCIARY") COLLIEKCOUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA 33962. ATTN: .-. PROJECT PLAN REVIEW DATE OF ISSUqE: JANUARY 14, 2000 PLACE OF EXPIRY: AT ISSUER'S COUNTERS _ SUCCESS~ O~;~ PE~DS ~ ~ ~~Y ~ ~S- ISS~ ~ESS AT LE~T S~ (~) DAYS P~OR TO ~ SU~' ~RS~Y DA~, ~ ISS~R NO~S~ B~HC~Y ~ ~T~G BY ~IS~D ~ ~T ~ ISS~R ELECTS NOT TO SO ~W ~S C~DIT. ~PLIC~: U.S. HO~ CO~TION, A DELAW~ CO.OPTION A~O~ TO ~ BUS.SS ~ ~ STATE OF ~O~A ~~R "~PLIC~') 1~91 S~ ~.~ C~SS P~WAY, FORT ~, ~ 33912 AMOUN"r: BY: $23,652.36 (U.S~) UP TO AN AGGREGATE THEREOF. ISSUEK PAYMENT AGAINST DOCUMENTS DETAn.RD HE, REIN AND BENEFICIARY' S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCKS REQ ._UIRED: -. AVaiLABLE B Y BENEFICI. A~¥:$-DRAF?_ .($1 AT S. IGHT DRA. _%rig- ..... :--- :': .-~ SIGNED B-yTFIE COUNTY ~,'~NAGER' CERTIFYING THAT: "U:S..HOME CORPORATION HA~-_, .-.. .... :__.. :_ FAILED TO PROPERLY MAINTAIN THE UTILITIES IN CEDAR HAMMOCK MULTIFAMILY .- TRACT F-5, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN ~ P OVrDED TO AND FOre. ALLY .aCCEPTEr) sV 'nm EN- -FICIARY." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER U.S. HOME CORPORATION CREDIT NO. 00007 DATED IANUARY 14, 2000." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETrER OF CREDIT AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HERE1Y REFERENCE ANY DOCUMENT, INSTRLrlVIENT OR AGREEMENT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT OR MAY 1 tt 2002 ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAY, tN UNDER 'COI%~PLIANCE ~TH'THE TERMS OF THIS CREDIT WILL BEDULY HONORED BY ISS~:R~ PRESENTED WITHIN T}{E VALIDITY OF TI{IS CKED1T. TO UNIFO _R~_~ F-OR. DQc~A~., Y ,, :-CKEDIT~(Ig~lZ:EVISION'J IICTER:NATIOI~ ~IK~ OF~COMMEKCE PUBLI~TI(~ . ~CZE.z'-'~..,;,~E ~%c~;:: : ~_ - ~ -;;~;. ,' ~ ' ',C. ::-~' ~'~ -~;r~ z 'Z,~T~ :-',~";~.~.'~, '~] ',.;.-,~=.'rz.~.C-~ ~;~c -= ~. . E ~ ~ L[T~ ~UA~N~ ~C':E~TANCE CC~ ~L:~ ~z~..-- ~-:~ ~C3E~-i~CEZC~ : : - ~ .- . - _: .,. - ~ ,z . - -' - - : :'':~ ITEM X w PRC LOCATION SITE LOCATION MAP OIL ~/ELL RI], VANDERBUILT BEACH RADIO RD, DAVIS BLVD GDLDEN GATE BLVD ~HITE BI VD SABAL PALM RI], STEWAR' N.T.S. IT[JR ALLEY nba MAY 1 ~ 2002 nix s From,' Sent: To: Subject: andersonroy Friday, April 26, 2002 8:07 AM nix s Executive Summary-Cedar Hammock Multi Family F5 We have no objection to the above. Roy B. Andemon, PE Director, Public Utilities Engineering COLLIER COUNTY GOVERNMENT Tel 1-941-530-5336 Fax 1-941-530-5378 royandemon(~colliergov, net MAY 1 ~ 2002 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CYPRESS COVE- FEATHER SOUND OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Cypress Cove-Feather Sound, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on March 23, accordance with Ordinance 97-17. 1998, in 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection~to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $3,246.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated April 25, 2002. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. MAY I 4 2002 Executive Summary Cypress Cove-Feather Sound Page Two GROWTH ~NAG~T IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. 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 the water facilities for Cypress Cove-Feather Sound, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shi~iey/Ni~,~Engifieering Technician II Engining Review Services REVIEWED BY: Thomas E. Luck, P.E. Engineering Review Services Manager Date APPROVED BY: J¢~s~h K. Sc~m'it'~, Administrator ~ta~Im][t~EVELOPMENT AND ENVIRONMENTAL SERVICES NAY 1 2002 - ~. COUNTY I I RO I I LEGAL DESCRIPTION: Section 19, Township 48, Range 2( @ Pelican Strand, Tract 1, forme] HAY 1 ~t 2002 Purchaser $ **'3,246.00'** Pay to the order of: i: DRAWER: AMSOUTH BANK OF FLORIDA Au'hot zed Signature:) - AGENDA MAY 1 ~ 2002 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners I Trans Number Date I Post Date i Payment Slip Nbr 3~9~98 1:32:35 PM 1 3/9/98 ~MS 32694 i 63513 CYPRESS COVE-FEATHERSOUND Payor ' JACK PARKER SOUTHEAST CON Fee Information · Fee Code Description i GL Account Amount I Waived 12BOND DEPOSlTSoCOMM DEV (CASH BOND} 67000000022011300000 $3246.00 ! Total $3246.00 ~ Payments Payment Code ' Accounb'Check Number Amount CHECK 695069281 S3246.00 Memo: Total Cash Total Non-Cash Total Paid $0.00 $3246.00 $3246.00 Cashier/location: GARRETF S I 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Prin' MAY 1 4 2002 nix s From: Sent: To: Subject: andersonroy Thursday, April 25, 2002 12:50 PM nix s FV~ EXECUTIVE SUMMARY This is Cypress Cove-Feather Sound ..... Original Message ..... From: andersonroy Sent: Tuesday, April 23, 2002 5:52 PM To: nix s Subject? RE: EXECUTIVE SUMMARY No objection ..... Original Message ..... From: nix s Sent: Thursday, April 18, 2002 2:32 PM To: andersonroy Cc: saylor_a Subject: EXECUTIVE SUMMARY AC~NDA I~ MAY 1 2002 - I>¢. ~ EXECUTIVE SUMMARY Authorization to amend the Consulting Services Agreement with RWA, Inc., to extend services through adoption of both the Rural Fringe and Rural Eastern Lands Comprehensive Plan Amendments mandated by the Final Order at an incremental cost amount of $24,200. OBJECTIVE: To receive approval to amend the planning consulting services agreement with RWA. Inc., in particular with Robert J. Mulhere, AICP, Director of Planning, to extend services through adoption of both the Rural Fringe and Rural Eastern Lands Final Order Amendments by November, 2002. CONSIDERATIONS: The Rural and Agricultural Assessment is currently being conducted by Collier County Planning Services staff as required by Final Order of the State of Florida Administration Commission Order (AD-99-002). The Board of County Commissioners (BCC) divided the process into two distinct initiatives and appointed two oversight committees to work with staff and with consultants to develop Groxvth Management Plan goals, policies and objectives to address the issues set forth in the Final Order. The two oversight communities are the Rural Fringe Area Oversight Committee iThe Fringe Committee) and the Eastern Lands Area Oversight Committee IThe Eastern Lands Committee i. Growth Management Plan (GMP) goals, objectives and policies for the Eastern Lands Assessment Area have been drafted by Wilson Miller and the Rural Lands Oversight Committee. The Rural Fringe Assessment Area amendments have been transmitted to DCA for review and their ORC Report is scheduled for Max, 23. 2002. The count',' has also retained the legal services of Carlton Fields law firm in Tallahassee for this Final Order project. To date, RWA, Inc. more particularly. Bob Mulhere, has been retained to assist staff, effectively acting as an extension of staff, in the preparation of the Rural Fringe Amendments and has been serving along with county staff in liaison to the Rural Lands Area Oversight Committee. The term of the original agreement covered the period from June 2001 through June 2002. However, due to the complexity of the project, the Administration Commission agreed to extend the deadline for adoption of all Final Order amendments approximately five (5') months, until November 1, 2002. This extension of the original agreement is to cover serw'ices during the extended time frame. We wish to continue the sole source contract with RWA, Inc. through adoption of the Rural Eastern Lands amendments by November 2002 in order to avoid a disruption in staff and committee work efforts at this critical juncture of the Final Order compliance process. A purchase order was opened in May of 2001 in the amount of $25, 000 and was subsequently amended with BCC approval in September 2001 for an additional amount of $54,900 for services through June 22, 2002. This amendment will be for additional services as delineated on the attached scope through November 1, 2002. 1 2002 - p~. / FISCAL IMPACT: The final negotiated contract shall not exceed a total of $104,000 (including this incremental amendment of $24,200). The existing purchase order will be amended to include these additional services in order to facilitate tracking of services and billing. The source of funds will continue to be MSTD General Fund (lll), Comprehensive Plannin~ Cost Center, 138317. GROWTH MANAGEMENT IMPACT: The consulting services will contribute to the drafting of the Growth Management Plan amendments that will resolve the remedial actions called for in the Final Order. PLANNING SERVICES STAFF RECOMMENDATION: That the board authorizes extending the consulting services agreement with RWA, Inc. for the duration of the Rural and Agricultural Assessment process to include both the Rural Fringe Area and the Eastern Lands Area Final Order amendments adoption. Attachment / PREP.~RED BY: ~_?' ~ S-TAN LITSINGL°f/, AICP, ~/ COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: ,--~.7~' ~' . / "-- ~ '~ ~ STEVE CARNELL, PURCHASING DIRECTOR DATE APPROSS[D BY: /" JOSEPH K. SCHMITT, ADMINISTRATOR C~IMUNITY DEV. AND ENVIRONMENTAL SVCS. D.~frE .,1-~ · · ../,. ,.~.,.EnvironmentalConsultar~Is Friday, March 14, 2002 Mr. Stan Litsinger, AICP Comprehensive Planning Manager Collier County Community Dev. & Env. Services Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Status of Rural Assessment Professional Services Agreement (PSA) with RWA, Inc. Dear Mr. Litsinger: Pursuant tour discussion, I have reviewed the status of PSA between Collier County and RWA, Inc. for consulting services related to the Collier County Rural and Agricultural Assessment. As you know, there were actually two (2) parts to the PSA approved by the Board, one part for the Rural Fringe Portion of the Assessment and one part for the Eastern Lands Portion. The PSA projected the following amounts for each part: Rural Fringe: 527,300 Eastern Lands: 552,500 Total S79, 800 As you know, si=mfificantly more time has been expended in the Rural Fringe portion of the Assessment than was originally anticipated. Although we have not exceeded the total PSA amount, as of February 28, 2002. $34.129.60 has been billed on the Fringe portion, and $12,508.91 has been billed on the Eastern Lands portion, for a total amount billed of $46,638.51. An additional 120 hours of work is anticipated during the month of March, the majority of which will be on the Fringe portion of the assessment. This will bring the total amount of the PSA expended to approximately $60,000, leaving a balance of $19,800. Based upon the significant amount of additional work needed to bring the Fringe portion of the Assessment to completion, and the remaining amount of work to be done in the Eastern Lands portion, I believe it will be necessary to amend the PSA to increase the approved amounts for both the Fringe and Eastern Lands Portions of the Assessment process. Specifically, there were significantly more RFAC meetings than anticipated and a number of additional iterations of draft GMP amendments requiring hours of additional meetings with staff and legal advisors. Additionally, the advisory committees transmittal hearings and BCC transmittal hearings required significantly more time than anticipated. As you know, there is significant work the will be required after adoption of each portion of the assessment to draft required Land Development Code Amendments. Given my role in preparing the GMP amendments and in the process leading up to the amendments, I believe I can provide necessary assistance in preparing these LDC amendments at a reduced cost to the County. Accordingly, I have attached a revised scope of services with projected Professional Services Fees anticipated to complete the Assessment process and to provide professional planning services in preparin,.g the attendant LDC amendments. As you know, a significant number of LDC amendments must~l-q~.d and adopted within one year of the adoption of the GMP amendments. These LDC amend nent'~re ,/ ','-~,[~ necessary to implement the GMP amendments. I have structured the proposed PSA revisi amendments to the Rural Fringe portion of the PSA; and, B) amendments to the Eastern 3050 North Horseshoe Drive, Suite 270. Naples, Florida 34104., (941) 649-1509. fax: (941', 649-705£ ~ns in two parts: A) ~nd~rt~'. ~02 7, w. cl~,~ utt- twa.co m Mr. Stan Litsinger, AICP Thursday', March 14, '~00'~ Page 2 of 5 both cases I have estimated the number of hours and fees anticipated to assist in the development of LCD amendments to implement the GMP amendments. This will allow the County to review and adjust the additional services as deemed necessary. Thank you for the opportunity to submit this professional service proposal. Please feel free to call if you have any questions. We look forward to working with you to ensure that the Rural and A~icultural Assessment includes broad community participation and results in Growth Management Plan amendments that ensure an appropriate balance of natural resource protection and private property rights protection measures. Sincerely, Robert J. Mulhere. Director of Planning RWA, Inc. cc: Tom Olliff, County Manager Jim Mudd, Deputy County Manger Joseph K. Schmitt, Community Development & Environmental Services Manager NAY 2002 Mr. Stan Litsinger. AICP Re: Rural Fringe and Eastern Lands Assessment Consulting Contract Thursday. March 14. 2002 Page 2 of 3 CURRENT CONTRACT STATUS: ~ Contract Amount for Professional Services for Rural & Agricultural Assessment: $79, 800 Existing expenditures through March 14, 2002 (based upon billings through February, 2002 and estimated time for March 2002. $60,000 Amount Remainin $19,800 SCOPE OF REMAINING/ADDITIONAL SERVICES: 1.0 2.0! Rural Fringe Portion: Post Transmittal Meeting with DCA (via telephone and 2 meetings in Tallahassee). Review and Response to Objection, Recommendation and Comment (ORC) Report; Meetings with Staff to develop strategy to address ORC issues. Est. Hours Amount 20 $2,2O0.00 45 $4,950.0O 50 $5,500.00 Public Meetings; Meetings with Advisory Boards; CCPC Adoption Hearings. Meeting with BCC, individually and for Adoption Hearing Prepare initial report covering all required LDC amendments necessitated by Rural Fringe-based Amendments ~ , Projected Remaining Cost through GMP Adoption for Rural Fringe ; Portion Eastern Lands Portion Est. Hours Amount S_._()( .00 1.0 Preparation for and attendance at all remaining Eastern Lands Assessment 20 "~ ) ' Oxersight Committee meetings. 2.0 Work with Collier County staff and WilsonMiller to draft Growth Management 60 56,600.01) Plan, goals, policies, and objectives. 3.0 Preparation for and attendance at public and advisory board meetings for GMP 20 52.200.00 Transmittal. including but not limited to, the Environmental Advisory Council (LAC), and the Development Services Advisory Council (DSAC), and the Collier County Planning Commission (CCPC). Preparation for and attendance at individual meetings with BCC, and for Transmittal Hearing Review and Response to Objection, Recommendation and Comment (ORC) Report; Meetings with Staff to develop strategy to address ORC issues. Public Meetings; Meetings with Advisory Boards: CCPC Adoption Hearings. Meeting with BCC, individually and for Adoption Hearing. Prepare initial report covering ali required LDC amendments necessitated by Rural Fringe-based Amendments. Total Projected for Eastern Lands Portion Including LDC Amendments Total Projection for Remaining Entire Assessment Process Amount Remaining in Current Contract Additional Amount 4.0 5.0 6.01 7.0 8.0 20 15 150 Additional Reimbursables Total Additional Costs with Additional Reimbursable Amount $2,200.00 $1.650.0(I $16,500.00 ~ 20 S2.200.00 40 S4.400.00 40 S4.400.00 20 $2.200.00 7 5770.00 227 $24,970.00 377 $41,470.00 180 $19,800.00 197 $211670.00 $2,500.00 $24,170.00 1 2002 REVISED SCOPE OF SERVICES FOR REMAINING RURAL & AGRICULTURAL ASSESSMENT TASKS Proiect Profile: The Rural & Agricultural Assessment is currently being conducted by Collier County staff as required by Final Order of the State of Florida Administration Commission Order (AC-99-002). Issues to be addressed as part of the Assessment include: Discouraging urban sprawl; Protection of wetlands and listed species and their habitat; Upland protection measures; Stormwater management and water quality; Means to protect unique agricultural lands; Impacts to adjacent public lands; Private property rights; Economic impacts, and; Opportunities for conversion of rural lands to other land uses. The Collier County Board of County Commissioners bifurcated the Assessment process into two distinct initiatives and appointed two oversight committees to work with staff and w'ith consultants to develop Growth Management Plan (GMP) goals, polices and objectives to address the issues set forth in the Final Order. The two oversight committees are the Rural Fringe Area Oversight Committee (The Fringe Committee) and the Eastern Lands Area Oversight Committee (The Eastern Lands Committee). The Final Order requires that the Assessment be complete and necessary Growth Management Plan, goals, policies and objectives be in place by June 22.2002 for the Rural Fringe portion of the Assessment, and by November 1, 2002 for the Eastern Lands Portion. GMP amendments for the Rural Fringe Portion have been transmitted to DCA, with adoption hearings scheduled in June 2002. GMP amendments for the Eastern Lands potion will be transmitted (to DCA) in June, with Adoption Hearings in Late October of 2002. LDC amendments must be de~eloped and adopted within on year of the adoption date of the respective phase of the Assessment. Project Assumptions: The duration of the consultant services is expected to be approximately 18 to 20 months (April 2002 through October 2003). Should additional services be necessary, in order to address legal challenges, these additional services are not a part of this agreement but may be accomplished through a new agreement or though an amendment to this agreement. SCOPE OF SERVICES: The project consulting services have been broken down into two categories: Rural Fringe Assessment Process and Eastern Lands Assessment Process. Mr. Start Litsinger. AICP Re: Rural Fringe and Eastern Lands Assessment Consulting Contract Thursday, March 14., 2002 Page 3 of 3 SPECIAL CONDITIONS: In executing this agreement, RWA, Inc. agrees not to represent any clients in any matters associated with lands that fall within the boundaries of the Rural Fringe and Eastern Lands Assessment Area, as described in Final Order AC-99-002, until the Comprehensive Plan Amendments have been adopted for the respective area and a list of LDC amendments necessitated by the GMP amendments has been submitted to the County. The maximum authorized expenditure for the services outlined in this agreement and for any additional incidental expense shall not exceed the authorized total contract amount, unless prior authorization and approval by Collier County is granted. EXCLUDED SERVICES: The professional services to be provided to Collier County as part of this agreement are limited to those services described in the Scope of Services. All other services are specifically excluded. ACCEPTANCE AND AUTHORIZATION TO PROCEED Acceptance: If this Proposal/Agreement satisfactorily sets forth an understanding of the agreement, please sign one copy of this agreement in the space provided and return it to RWA, Inc. as authorization to proceed with work. Client Authorization: I hereby authorize, in my official capacity as Chairman of the Collier County Board of Commissioners, the performance of the services as described herein and agree to pay the charges resulting from these performance of the services, subject to all conditions contained herein. Accepted and Authorized this Day of ,2002. By: James N. Coletta, Chairman, Collier County Board of Commissioners EXECUTIVE SUMMARY APPROVAL OF SECOND AMENDMENT TO 2002 TOURISM AGREEMENT WITH KELLEY SWOFFORD ROY, INC. TO FUND ADDITIONAL ADVERTISING AT A COST OF $250,026 FROM FUND 194 RESERVES TO FUND 194 OPERATING BUDGET OBJECTIVE: Board approval of the Second Amendment to 2002 Tourism Agreement with Kelley Swofford Roy, Inc. CONSIDERATION: On April 9, 2002, the Board approved the FY01/02 Advertising/Marketing Plan in the amount of $552,500.00, as recommended by the Tourist Development Council. Further, on April 23, 2002, the Board approved additional FY01/02 funding for tourism advertising from Fund 194 (Advertising/Promotion) Reserves in the amount of $250,026.00. Kelley Swofford Roy, Inc. (KSR) is the County's Tourism Advertising vendor. This Second Amendment to the Agreement adds (1) the Board approved FY01/02 Advertising/Marketing Plan as Exhibit "B" and (2) the Board approved FY01/02 additional tourism advertising plan as Exhibit "C" to the previously amended agreement with Kelley Swofford Roy, Inc. FISCAL IMPACT: No fiscal impact regarding the FY01/02 Advertising/Marketing Plan as this funding was included in FY01/02 Advertising/Promotion budget approved effective October 1, 2001. The funding of additional advertising will require transferring $250,026.00 from Fund 194 Reserves to the Fund 194 operating budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATIONS: Board approve Second Amendment to 2002 Tourism Agreement with Kelley Swofford Roy, Inc. and authorize the Chairman to sign the Second Amendment to Agreement. Also, approve associated budget amendment(s). PREPARED BY: ~or DATE: '~'"/' O ~ CDES Operations Department Purchasing Department DATE: ~--''' (--0% APPROVED 7' joseph K. Sch~itt~'A'dministtator - -- ,/,,,:ommunit)' D~evelopment & Environmental Services Division SECOND AMENDMENT TO AGREEMENT THIS AGREEMENT, made and entered into on this ~ day of , 2002, by and bet~een Kelley Swofford Roy, Inc., hereinafter called the "Contractor" and Collier County, a political subdi~vision of the State of Florida, Collier County, Naples, hereinafter called the "County"' WITNESSETH: COMMENCEMENT. The Contractor shall have commenced the work December 1, 2001. This Amended Agreement shall commence on the date of approval of the Collier County Board of County Commissioners. The contract shall continue to be for the ten (10) month period, commencing on December 1, 2001 and terminating on September 30, 2002. STATEMENT OF IA'ORK. vcr~ ...;~ ~.,~ ....... ~,;nation of ~r,,~ ~,,n .... ~ ...... ; ....s d by ~r,o Count:', in order to best serve the Collier County's needs: b) Develop for approval and implementation advertising, public relations and marketing communications program to meet the County's objectives and budgetary limitations. c) d) e) Counsel the County on public relations, advertising and marketing communications opportunities, as appropriate for the County. Develop primary and secondary research including focus groups or internal consensus building workshops as required and approved. Develop press releases, a background profile on Collier County, photo librau,, video news releases (VNR) in English and other languages as required. g) Develop media target list of local, state, national and international media contacts. Plan an advertising program, from creative strategy, cop},, layouts, and media research and scheduling, against the County's advertising budge )rod~ Itlr0a MAY 1 ~ 2002 h) i) J) k) l) m) n) o) Enter into contracts at the direction of and in the name of the County to effectuate the County's advertising program including, but not limited to media space and time. Develop required collateral material (brochures, newsletters, direct mail and any marketing and communications material) from copy, layout through to printing. Develop website and Internet advertising. Maintain a Contractor servicing office in Collier County to support the above listed activities. Contractor will supply the County with monthly reports reflecting the number of ads placed, the cost of the ads and what the Countv's benefit is in result of the ads. KSR shall have the responsibility for the implementation of the previously approved Emergency, Marketing Plan attached hereto as Exhibit "A" that was specifically approved on October 23, 2001 by the Collier County Board of County Commissioners for the Tourism Alliance of Collier County pursuant to the Third Amended Agreement to its 2001 Tourism Agreement with the County. The sums of $250,000.00 shall be expended from Tourist Development Disaster Recovery Fund 196 and S250,000.00 shall be expended from Tourist Development Advertising Fund 194. These remain the same funds allocated by the Board of Count',' Commissioners for the aforementioned 2001 Emergency Marketing Plan and shall be paid separately from the Contract Sum for KSR set forth below. KSR shall have the responsibility for the implementation of the FY01/02 Advertising/Marketing Plan attached hereto as Exhibit "B" that was specifically approved on April 9, 2002 by the Collier County Board of County ConLmissioners. The sum of S552,500.00, in its entirely, shall be funded from Tourist Development Advertising Fund 194. KSR shall have the responsibility for the implementation of the FY01/02 "Added Investment" advertising plan attached hereto as Exhibit "C" that was specifically approved on April 23, 2002 by the Collier County Board of County Commissioners. The sum of S250,026.00, in its entire~,, shall be fUnded from Tourist Development Advertising Fund 194 Reserves. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors, where practicable. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement as per the following responsibilities. A~A rr~ MAY ! 2002 _ P~. '~ 2 a) b) The County will reimburse Contractor for expenditures incurred on behalf of the County including, but not limited, to those listed below. Beginning on December 1, 2001 and each month thereafter, the County will remit to Contractor a monthly retainer in the amount of $9,000, upon submission of invoices by Contractor in a timely manner, for public relations professional services. Activity, performance and monthly retainer amount to be reviewed quarterly, based on billable time as per professional fees included in Addendum A. Special projects such as market research must be authorized and approved by the County and will be billed separately. c) Specific marketing projects such as research, community consensus building, workshops and activities, and targeted marketing program development will be estimated and approved in advance. d) The County will reimburse Contractor separately for project work and production for brochures, promotions, web site design, special events and other special projects, as well as for any media purchases like newspaper, print, radio or television made by Contractor or~ behalf of the County. All separate project work discussed in this section will be estimated bv Contractor in advance, and the Administrator, Community Development and ~nvironmental Services Division, or his designee, must sign the estimate before work on these projects or purchases can conm~ence. e) The County will reimburse Contractor for external expenses such as telephone, fax; messenger'service, reproduction work, Internet charges, public relation news wires and clipping services, as well as mailing, packaging, shipping, taxes and duties, printing, copying and other expenses incurred by Contractor in connection with the performance of this Agreement. Such costs shall not exceed 5200 per month without the prior written approval and consent of the County. For any communications between Contractor's office and the County, no charges will be made to the County for the above-mentioned expenses. The County will only reimburse Contractor costs for travel and entertainment on behalf of the Cou~tv, provided such travel and entertainment has been approved and consented to, in writing, in advance, by the Count,,'. g) If media or other charges increase or decline following Contractor submission of an estimate, the County's responsibility will be adjusted accordingly. If the amount of space, time, or other advertising services actually used is less than what was contracted, the County agrees to pay for any rate changes resulting from charged loss of volume discount or because of higher scheduled rates. If additional space, time, or services results in a lower rate, the COUNTY will receive the benefit of the lower rate. Contractor agrees to notifv the County of anv such rate changes as soon as such information is available to Contractor. If the County, after having approved any planned advertising, cancels all or part of this advertising, the Coun~ will pay all costs incurred, including anv non-cancetable commitments for time or space. h) i) Contractor will receive a fifteen percent (15%) commission on the gross charges, paid by the advertising media and printing. Purchases of goods and services must be pre- approved by the Administrator, Community Development and Environmental Services Division, or his designee, in advance of purchase. At that time a decision will made by the Administrator whether the County will be directly billed for the goods and services. Contractor will take a fifteen percent (15%) commission on the gross charges from third parties with whom Contractor has contacted for products or services used to implement the marketing projects or advertising approved by the County. All cash discounts allowed to Contractor by third party suppliers will be credited to the County provided such payments are made directly to Contractor in accordance with the specific discount terms contained in Contractor's invoices and provided the County is not in default on payment of any amounts due to Contractor. Professional Fees/Hourly Basis Art Direction Production in-House Strategic & Marketing Planning Public Relation Website Design $ 6O - $120 35 - 6O 100 - 250 80 - 150 75 - 125 NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed bv registered or certified mail to the Contractor at the following Address: Kelley Swofford Roy, Inc. Advert/sing Marketing Public Relations 355 p~l,~,,~, A .. ..... Coral Gables, Florida 33134 Effective February 15, 2002, Kelley Swofford Roy, Inc. will move to new headquarters located at 3399 Ponce de Leon, Coral Gables, Florida 33134. All Notices from the Contractor to the County shall be deemed duly served if mailed bv registered or certified mail to the County to: Administrator, Community Development & Environmental Services Division, Collier Count' Government 2800 N. Horseshoe Drive Naples, Florida 34104 MAY 1 2002 Pi,. ~ The Contractor and the Count)' may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating partnership between the County, and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Ail non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed bv the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit an), person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for an)' purpose in violation of an), federal, state, county or mun_icipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or Lf the County or its authorized representative shall deem an)' conduct on the part of mo Contractor to be obiectiov, ab!e or ,.mproper, the c~,~,,,~h' shall h~. ~ ,h,~ right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the Count), within twent~,-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. OWNERSHIP OF DOCUMENTS PRODUCED: All plans, preliminary outlines, sketches, copies, and all other intellectual properties or work that are produced pursuant to this agreement must be pre-approved prior to purchase by the AdminisWator or his or Her Designee. All such property will remain the property of the Contractor until such time as all payments due Contractor for the particular work have been made. Thereafter, all such material shall become the property of the Count), except copyrighted material to which the copyright is held by a third party or parties unrelated to the Contractor. Upon termination of this agreement, all such property, and materials shall be the property, of the Contractor unless the County pays for them in accordance with the terms of this agreement, even though the Count)., or another 1oartv mav hax"e phx'sical possession of the property in question. Contractor shall] utilize uncopyrighted material or secure releases of copyrights for the Coun v. MAY 1 ~ 2002 10. 'TERMINATION. Should the contractor be found to have failed to perform its services in a manner satisfactory to the County as per this Agreement, the Count, may terminate said agreement immediately for cause. Either party may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. Upon termination of this Agreement, Contractor will bill the County for all amounts not previously billed and due Contractor at that time. Contractor will not be entitled to payment for any advertisement if work on it commenced after Contractor received the notice of termination. Contractor will be entitled to payment for services for advertisements commenced and approved for placement in a specific media by the County prior to receipt of such notice; or with the expressed written consent of the County, prior to the effective date of termination. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liabilitw. This shall include Premises and Operations; Independent contractors; Proc~ucts and Completed Operations and Contractual Liabilig'. Business Auto Liability: Coverage shall have minimum limits of S500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property include: Owned Oehicles, Hired and Non-Owned Damage Liabilitv. This shall C. lATorkers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liabili~' with a minimum limit of S1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the saw requirements that he is required to meet. The same Contractor st Count~, with certificates of insurance meeting the required insurance p 13. 14. 15. 16. 17. 18. 19. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier Coun~ and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed there under. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by anv of them. The Contractor/Vendor's obligation under this provision shall not be lin4ited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendods limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of the County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Urban Improvement Department. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate. SUB|ECT TO APPROPRIATION. It is further understood and agreed by and between ~ho n~rfloc horoin fh~ fhic ~oom. ent is subject to Co~ssioners. COOPERATION. Contractor shall fully cooperate with the County in all matters pertaining to this agreement and provide all information and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the Count}, sl~all constitute grounds for the County to impose sanctions that do not result in termination of this agreement. AVAILABILITY OF RECORDS. Contractor shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. Contractor agrees that the County, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of Contractor involving transactions related to this Agreement. PROHIBITION OF ASSIGNMENT. Contractor shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County. - ~.uO,~--,a .~I~_/, MAY 20. The County shall be the owner of and in possession of the originals of all intellectual proper .ty created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed documents, unless specifically exempted by the County. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: BV: JAMES N. COLETTA, CHAIRMAN (SEAL) Type/print wimess name Kelley Swofford Roy, Inc. Signature T> ped signature an/d title CORPORATE SEAL Approved as to form and legal sufficiency: ~sistant Coun~ Attorney MAY 1 q 2002 R EXHIBIT "A" SECOND AMENDStENT TO 2002 TOURISM AGREEMENT '~VITII KELLEY S'WOFFORD ROY ~A rrr~ MAY 1 ~ 2002 o EXHIBIT "B" SECOND .anMENDMENT TO 2002 TOURISM AGREEMENT KELLEY SWOFFORD ROY MAY 1 ~ 2002 MAY 1 q 2~2 EXHIBIT "C" SECOND AMENDMENT TO 2002 TOURISM AGREEMENT 'edITH KELLEY SWOFFORD ROY MAY 1 4 2002 0 o~ MAY 1 ~ 2{302 Sheet 1 of 2 AVESMT2001-AR2023 EXECUTIVE SUMMARY PETITION AVESMT2001-AR2023 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE PERPETUAL DRAINAGE, UTILITY AND MAINTENANCE EASEMENT ACQUIRED BY "ORDER OF TAKING" AS RECORDED IN OFFICIAL RECORD BOOK 2445, PAGES 3125 THROUGH 3140, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A RELOCATION DRAINAGE EASEMENT OVER A PORTION OF LOT 8, BLOCK C, "BRIARWOOD UNIT 6", AS RECORDED IN PLAT BOOK 30, PAGES 59 THROUGH 61. LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the Perpetual Drainage, Utility and Maintenance Easement acquired by "Order of Taking" and to accept a relocation Drainage Easement on a portion of Lot 8, Block C, "Briarwood Unit 6." CONSIDERATIONS: Petition AVESMT2001-AR2023 has been received by the Planning Services Department from Doug Lewis, Esq., from Roetzel & Andress, as agent for the petitioner, Briarwood Development Corporation, requesting the vacation of a portion of the Perpetual Drainage, Utility and Maintenance Easement that was acquired by an "Order of Taking". The easement was needed so that the stormwater runoff could be diverted from Livingston Road to the lake system within the Briarwood Subdivision. The "Taking" took place before "Briarwood Unit 6" was platted but the location of the "Taking" was based on a site plan provided by the developer showing the proposed layout for the lots. "Briarwood Unit 6" was subsequently platted and the location of Lot 8 changed. This made the location of the "Taking" easement lie approximately across the center of Lot 8. The Petitioner wants to relocate the Drainage Easement from the center of the lot to the north property line so that Lot 8 will become a usable lot for a residential dwelling. The underground drainage pipe has already been constructed within' the proposed relocation Drainage Easement. Since there are no utilities located in the "Taking" easement and none are planned to be constructed within the relocation Drainage Easement, the scope of the relocation Drainage Easement will not include a Utility Easement. It has been determined that Subordinations will not be needed from the owners of the existing easements in which the relocation Drainage EaSement will cross. Letters of no objection have been received from the following Collier County Departments: Public Utilities, Stormwater Management, Transportation, Engineering Services and also from Briarwood Property Owners Association, Inc. Zoning is PUD. This Executive Summary was approved by Norm Feder in Transportation on 3-22-02 and by Roy Anderson in Public Utilities on 4-16-02. :: AGENDA q~ lq 2002 Sheet 2 of 2 AVESMT2001-AR2023 FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2001-AR2023 for the vacation of a portion of the Perpetual Drainage, Utility and Maintenance Easement that was acquired by "Order of Taking" and to accept the relocation Drainage Easement on a portion of Lot 8, Block C, "Briarwood Unit 6" as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Authorize the execution of the relocation Drainage Easement by its Chairman and direct the Clerk to the Board to record a copy of the relocation Drainage Easement in the Official Records. PREPARED BY: t~--tm~--'_ d'~ ~z'/~-~'~_~ Rick Grigg, P.S.M. Engineering Services DATE: 4.-1'~- O~ Thomas E. Kuck, P.E. Engineering Services Director DATE: J~g'el:)l~ K. Schmitt;/ AdrCflnistrator CbCmunity Development & Environmental Services MAY It 2002 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 RESOLUTION NO. 2002- RESOLUTION FOR PETITION AVESMT2001-AR2023 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE PERPETUAL DRAINAGE, UTILITY AND MAINTENANCE EASEMENT ACQUIRED BY "ORDER OF TAKING" AS RECORDED IN OFFICIAL RECORD BOOK 2445, PAGES 3125 THROUGH 3140, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A DRAINAGE EASEMENT AS A RELOCATION DRAINAGE EASEMENT OVER A PORTION OF LOT 8, BLOCK C, "BRIARWOOD UNIT 6", AS RECORDED IN PLAT BOOK 30, PAGES 59 THROUGH 61. LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, KA.NGE 26 EAST. WHEREAS, pursuant to Section 125.01(0, Florida Statutes, Doug Lewis, Esq., fi.om 17 Roetzel & Andress, as agent for the petitioner, Briarwood Development Corporation, does hereby 18 request the vacation of a portion of the Perpetual Drainage, Utility and Maintenance Easement 19 acquired by "Order of Taking" as recorded in Official Record Book 2445, Pages 3125 through 3140, 20 Public Records of Collier County, Florida, and does hereby also request Collier County to accept a 21 relocation Drainage Easement over a portion of Lot 8, Block C, "Briarwood Unit 6" as recorded in 22 Plat Book 30, Pages 59 through 61; and 23 WHEREAS, the Board has this day held a public hearing to consider vacating a portion of 24 the Perpetual Drainage, Utility and Maintenance Easement acquired by "Order of Taking" and 25 recorded in Official Record Book 2445, Pages 3125 through 3140, as more fully described below, 26 and notice of said public heating to vacate was given as required by law; and 27 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 28 convenient access of other property owners. 29 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 30 OF COLLIER COUNTY, FLORIDA, that the following described portion of the Perpetual 31 Drainage, Utility and Maintenance Easement be and is hereby vacated, being more particularly 32 described as set forth in: 33 See Exhibit "A" attached hereto and incorporated herein. 34 35 HAY 2002 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Relocation Drainage Easement more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocation Drainage Easement for the portion of the Perpetual Drainage, Utility and Maintenance Easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution and the relocation Drainage Easement individually in the Official Records of Collier County, Florida. This Resolution is adopted this __ second and majority vote favoring same. day of ,2002, after motion, DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman Approved as to form and legal Patrick G. White, Esq. Assistant County Attorney HAY 14 2002 EXHIBIT "A" SHEET I OF 2 AVESMT'2001 -AR2023 Description of part of Collier County Drainage, Utility and Maintenance Easement, #853B, O.R. Book 2445, Page 5125 and lying in the Northwest one-quarter of Section 51, Township 49 South, Range 26 East, Public Records of Collier County, Florida. Commencing at the West quarter corner of Section 51, Township 49 South, Range 26 East, Collier County, Florida; Thence South 89 Degrees 52 Minutes 40 Seconds East, o distance of 100.00 feet to the East Right-of-Way line of Livingston Rood; Thence North O0 Degrees 02 Minutes 18 Seconds West. along said East Right-of-Way line, o distance of 1591.44 feet; Thence North 89 Degrees 57 Minutes 45 Seconds East, o distance of 10.00 feet; Thence continue North 89 Degrees 57 Minutes 45 Seconds East, along the southerly line of said Collier County Easement, o distance of 249.06 feet to o point on the arc of o curve and the westedy boundary of Lot 8, Block C, Briarwood Unit Six, os recorded in Plot Book 50, Pages 59 through 61, Public Records of Collier County, Florida and the POINT OF BEGINNING. Thence northerly 20.07 feet along the arc of o curve, concave to the west, through o central angle of O1 Degrees 44 Minutes 52 Seconds, having o radius of 660.00 feet and being subtended by o chord bearing North 04 Degrees 42 Minutes 45 Seconds West o distance of 20.07 feet; thence run along the northerly, easterly and southerly line of said Collier County Easement, the following three courses; North 87 Degrees 57 Minutes 4,] Seconds East, o distance of 142.58 feet; South O0 Degrees 02 Minutes 18 Seconds East, o distance of 20.00 feet; South 89 Degrees 57 Minutes 45 Seconds West, o distance of 140.94 feet, to the POINT OF BEGINNING. Containing an Area of = 2854.16 square feet. A/Trigo Florida R, o. Dote: JulyX'-5~~2001 L.S. No. 2982 sheet 1 of 2 AGENDA HAY 14 2002 TRIGO & ASSOCIATES, INC. pROFESSIOnAL LA~ SURVEYOI~S ~ P~ 222S ~E C~ WAY N~, ~A ~109 ~ S~G B~S ~ 3964 SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET 2 OF 2 ~,VESMT2001 -AR.2023 BRIARWOOD BOULEVARD Acr C.U.E a A.E. ~ '5 7'4 3"E. I O' O ~x~ PARCEL 835B O.R. Book 2445 Page 3125 "-.- N. 89'57'45'E. LOT 7, BLOCK C, BRIARWOOD UNIT N. 89'59'14"W. 120. 92' -- 20' Lake Access & M.E. ( Per Plat ) N. 89'57'45'E. 142.58' POR770N OF PARCEL O.R. Book 2445, Page 3125 S. 89'57'45'W. 140.94' LOT 8, BLOCK C, BRIARWOOD UNIT 6 S. 89t59'14'E. (N.R.) Bearing Basis - Per Plat LOT 9, BLOCK C, BRIARPA~ UNIT 6 Curve number '~ S. 89'52'40"E. Radius= 660. O0 100.00' Delta= 01'44'32 Arc= 20. 07 P.OJ~ West Ouorfer co¢?~er Tangent--- 10.03 Section 31, ~ 49 S. Chord= 20.07 Range 26 E. Chard Brg. TRACT L.M.E. & D.E. blOT A. TRIGO & ASSOCIATES, INC. 2223 TRADE CENTER ~AY NA.I:q.ES, FIJ31~DA 341O9 LA.N'D b'~d'R~G BUSINESS if 3964 P.O.B. in~i~::ote~ Poirl of Beglnnin<J Ali di~ta~ ~e in _ ~ decimob of_U~f- line of ~ Roo~ oa t~ng N.O0'02 18'W. Be~rlnga are ~ ,~,. the .E.o:? I~<jht- per O.R Book 24.45. Pa<je 3134. DATE : July 5, 2001 DRAWN BY: AT SCALE: N.T.S. SHEET 2__ OF 2_._ FILE NO. 99 0469A EXHIBIT "B" SHEET 1 OF 2 AVESMT2001 -AR2023 Description of port of Collier County Drainage, Utility and Maintenance Easement, #8538, O.R. Book 2445, Page 5125 and lying in the Northwest one-quarter of Section 31, Township 49 South, Range 26 East, Public Records of Collier County, Florida. Commencing at the West quarter corner of Section 51, Township 49 South, Range 26 East, Collier County, Florida; Thence South 89 Degrees 52 Minutes 40 Seconds East, o distance of 100.00 feet to the East Right-of-Way line of Livingston Rood; Thence North O0 Degrees 02 Minutes 18 Seconds West along said East Right-of-Way line, o distance of 1591.44 feet; Thence North 89 Degrees 57 Minutes 43 Seconds East, o distance of 10.00 feet; Thence continue North 89 Degrees 57 Minutes 43 Seconds East, along the southerly line of said-Collier County Easement, a distance of 249.06 feet to a point on the arc of o curve and the westerly boundary of Lot 8, Block C, Briarwood Unit Six, as recorded in Plat Book 50, Pages 59 through 61, Public Records of Collier County, Florida and the POINT OF BEGINNING. Thence northerly 20.07 feet along the arc of o curve, concave to the west, through o central angle of 01 Degrees 44 Minutes .52 Seconds, having o radius of 660.00 feet and being subtended by o chord bearing North 04 Degrees 42 Minutes 4.5 Seconds West o distance of 20.07 feet; thence run along the northerly, easterly and southerly line of said Collier County Easement, the fallowing three courses; North 87 Degrees 57 Minutes 4.5 Seconds East, a distance of 142.58 feet; South O0 Degrees 02 Minutes 18 Seconds East, o distance of 20.00 feet; South 89 Degrees 57 Minutes 4,3 Seconds West, o distance of 140.94 feet, to the POINT OF BEGINNING. Containing an Area of = A/Tricj'o_ ~.S.~M.-' i~lorid6 R~gistr~tion No. Date: July"~-5~001 2834.16 square feet. L.S. No. 2982 sheet 1 of 2 AC, F. NDA MAY 14 2002 TRIGO & ASSOCIATES, INC. pNOI~IONAZ, LAND DUlq~I~ & P~ 2223 ~ C~ WAY N~, ~A ~109 ~ ~G B~S ~ 3964 -~~~BRiARWoo~OULEVARD TRAC~' "A" C.U.E. & A.£. e~ I0' U.£. U Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: /~::~ - ~ - C~ I Petition #: Petitioner (Owner): Address: City/State: Agent: Address: City/State: Location of Subject Property: Location: Section Official Record Book ~ Legal Description: Reason for Request: Briarwood Development Corporation, a Florida corporation 3927 Arnold Avenue Telephone: 435-0301 Naples, Florida Zip Code: 34104 Douglas A. Lewis on behalf of Roetzel & Andress, a Legal Professional Association 850 Park Shore Dr., Trianon Centre-Third Floor Telephone: 649-2712 Naples, Florida Zip Code: 34103 1200 Briarwood Boulevard, Naples, Florida Toxvnship Range Page(s) Current Zoning PUD Does this affect density? Lot 8, Block C, Briar~vood Unit 6, Plat Book 30, Pages 59 through 61 Relocate existing easement from center of lot to side yard I hereby authoCze Ag_gat abov%to represent me for this petition: Signature of Peti-tion ~ rE%'~ William Spinelli Print Name Yes D No President (Title) (2) (3) (4) 350102_1 Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division No. ~ (.t'/~ x64 Planning Services Department 2800 North Horseshoe Dr. MAY 1 2002 ?.raples, Flori, 't 34104 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List all other owners. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number tDate 1Post Date 311645 1/24/2002 2:08:26 PM 1/24/2002 Payment Slip Nbr AR 2023 Appl Name: ROETZEL & ANDRESS Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: DOUGLAS A. LEWIS 850 PARK SHORE DR, 3RD FLOOR NAPLES FL 34103 Proj Name: BRIARWOOD UNIT 6 Type: TAZ: 116 Subdiv Nbr: 2939 Project Nbr: 2002010038 Payor' BRIARWOOD DEV Fee Information Fee Code I Description 12TRVC t REV ACCT/VAC EASEMENT-ROW GL Account 10116361032910000000 Total Amount Waived $1000.00 $1000.00 Payments fPayment Code Account/Check Number CH ECK 1553 Amount $1000.00 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid I $1000.00 Memo: Cashier/location: CORZO_M / 1 User: SMITH_G 'AGENDA Fr~,~ - P~. IO Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l/24/2002 2:08:48 PM IN THE CIRCUIT COUR.T OF TI-IE T'ArE2,rrILrI~ IUDICIAL CIRCUIT 1N AND FOP.. COLI.IE~ COUNTY, FLORIDA CO'~_-T.m~ COUNTY, FLORIDA, politic, al ~ubdivision ot'tb~ CASE NO. ~-lf~5 CA CIVE, ACTION McALP~F10rida ..,..~....---.-,BRIARWOOD' INC., a PARCELS: 102A, S~2-OT, ,.,,,,,,,,,~_ '733A, 733B, 733C, 933B THiS CAUSE coming on to be h=ard by this Court, and it appearing ~ ~ ~fi~ other ~ in or ~o l~e real property d~cn~ in th~ P~/t/crn th~ thc Pe~doz~r would apply to c~e~lerafie~, it is, ~ TI~ the Dechrat/on of Taki~ (estimate of value) filed ia this made in good ~th and based upcm a valid apprOX. lq ZOO2 : shall v~ in lhe Peg6oner. 5. Thai the de:tx~h of mc~9, will secure the pa, sons lawfully ~mtitkxi ~o the ~ ~ will be ul~'~__~ly d~t~-~ined by finaljndgm~ ofthis Court. 6. Tim ti~ sum of mon~ to b~ deposi~ imo th~ Registry of thl, Corn, t, within ~ (20) da~ of th~ ~ of this Or~, shall be in fl~ amount of 7. Thai ~ ~ as ~ forfla above, and withom furth~ notic~ or orcka' of this Court, thc P~tilion~ stndl b~ ~ to pos~ssio~ ofthe ~ ~ CIRCLET COURT JUDGE 2 2002 LEGAL I 3301 OFFIC. E 0.~ CAPITAL P. ROJECTS EAST TAMLAMI TR~JL ~PL~. FLORIDA ~4112 (941) 774-8192 PROJECT ,0- . ~d6~ ! . PROJECT PARCEL NO. _8~3 ~- a~'~ ?J3 c- or,v33 p. c DESCR1P~ON {~OT A SURVEY) ~833B dra£naze & ma~n~eaance easemen~ #733C&733~ - [enporary coflstruc[£on easenen~ t. AND ~URV~-~'OR §2406 II II Ill III III ~NOA MAY l z~ 2002 p~. IS 3301 OFFICE OF CAPITAL PROJECTS (94~) 774-8~92 SKETCH OF DF. SCRIPTION I 251~0 __L N.89'37'2kS'E. ,oo.oo° I1' N.0~T02'lS"YL% tl~t Quo,4.~r Corn~' II (733D-O'r) f'r~PORAR¥ CONST. E. ASD4E]q'~ ,---N.00'0~'lS"W. //-N.~9'57'4,3'F'./-.PARCEL 853B-OT / 20.00' / / 39o. oo' / P.O.B.% i I% ~ N "- ~. l i\ \ =~o.oo s.oo=z'~.-~.x "' ~!1 ~ \ zo.oo' .. ' '~ ! ~' I ~ (733C- 0'~ . ,~ ~1 L_ I "-I[]~IPORARY C0NST. EASEMENT .51. Twp. 4gs. ~ ~EAST R/W UN£ ~-- ~.89'52'40'E.. 100.00' PJ3~ Imcl~-~'tes Point. oF P.D.~. ir~l~:,,'tes Point oF ]~eg~nning :~e~- ~'ces Section Twi~ ~'c~s Township ROe. ~cfico~es Att cis~nnces Gr"e In Fee~ ~ d~ck~,ts %hrr'e~F ~ o{: benzols Is the Ir~st E/V tine o~ Uvlngston RooJ) being Not v~ztlcl u~ess signed cu3d seated wi'th 'the enbossed se~t oF the p~-oFes$1ormt t-riel sur'veyor' THIS IS ONLY A SKETCH '1 !vlAY 1 ~ 2002 SU~DtVtStO,~ i~t.,d:~voo0 uNrr ~ 2 COLLINS S4.JI~)IVtSlON 3 BRI/~/OOO LINI3 TWO 4 BRi.a,R'WOOO UNrT THREE 5. BR, t.a,/:~VO(X) uNrl' FOUR TRACT L 3 D.E 18 4O.-42 22 D3 22 ~2.-~1 26 7-9 27 62~3 6 -' ...~WOOO U~II~ Ir:IV 7. BI~t~N:~WOOO UNIT SIX 8 BRt.N:WV OOO UNIT g. BRI,N:W'VOOO uNIT SEV lO. BR~AR'VVO00 UNrT ~ 10/29/2001 12:07 S417322585 C~3 EHG PLAN ROOM PAGE 01 COLLIER COUNTY GOVERNMENT PUBLI.C UTILIT~ October 29, 2001 3301 E. TAMIAMI TRAIL FAX: (941) 732-2526 Mr. Dou$ Lewis F, ocizel & Andress 850 Park Shore Drive Trianon Centre-3'd fir Naples, FL 34103 Ke: Briarwood, U~dt 6, Lot $, Block C Dear Mr. Lewis: This office bas revie~ved yom' request to vacate the above-referenced Site. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no obi ection to the vacatiCn of the Utility Easement. Should you have any further questions, please feel flee to contact me. Sincerely, Barbara Olko Administrative Secretory Paul Mattausctg Water Director Joseph Cheat_ham, Wastewater Director Prick C_uSgg, Land Surveyor, Community Development g:\engineering t~ch\ea~ement-r.o.w, vacation\briarwood, unit 6, lot 8, block c.doe A LEGAL PROFESSIONAL ASSOCIATION 2001 AUg I$ ? 850 PARK SHORE DRIVE TR~ANON CENTRE - THIRD FLOOR NAPLES, FL :34103 941.649.2712 DIRECT 94].'.6~76200 MAIN 9,tl.261.3659 FAX dlewis@ralaw.com August 15, 2001 VIA HA1N~ DELIVERY Mr. John Boldt County Stormwater Services Collier County Water Management 330i E. Tamiami Trail Naples, FL 34112 Re: Relocation of Drainage and Maintenance Easement - Lot 8, Block C, Briarwood Unit Six Dear John: We represent Briarwood Development Corporation, a Florida corporation ("Briarwood"), the owner of fee simple title to the captioned property. We have been asked to assist Briarwood in relocating the existing 20 foot ~vide drainage and maintenance easement, which is presently located near the center of the platted lot, to the northerly sideyard of the planned lot (the "Proposed Easement Area"). It is our understanding that no utility infrastructure exists ~vithin the present easement area to be vacated/released, which area is depicted on the enclosed sketch and legal description attached hereto as Exhibit "A". In addition, I have enclosed a copy of the proposed Drainage Easement showing the location of the Proposed Easement Area. Finally, in order to release/relocate this non-planned easement, the County is requiring that you execute the bottom of this letter confirming that you do not object to the proposed release/relocation. Upon completion of your review of the enclosed materials, please cause this letter to be executed as indicated below. If you need additional information, please do not hesitate to contact me. We appreciate your cooperation and prompt assistance in this matter. Very truly yours, Douglas A. Lewis For the Firm DAL/dm Enclosures as stated. cc: Mr. Tom Spinelli Mark J. Price, Esq. 350135_1 N,,, 1 Y MAY 14 2002 lq CLEVELAND TOLEDO AKRON COLUMBUS www.ralaw.com CINCINNATI FORT MYERS NAPLES Mr. John Boldt August 15, 2001 Page 2 Collier County Water Management has no objection to the proposed vacation and relocation of the easement. ACKNOWLEDGED AND AGREED TO: Collier County Water Management Name: Title:~ (/ Dated: MAY 1~ 2002 .... 1 3:00 A LEGAL PROFESSIONAL ASSOCIATION \. 850 PARK SHOR£ DRIVE ~-~ ~ TRIANON CENTRE - THIRD FLOOR NAPLES, FL 34103 941.649.2712 DIRECT 941.649.6200 M^~N 941.261.3659 FAX dlewis~ralaw.com August 15, 2001 VIA HAND DELIVERY Mr. Ed Kant Collier County Transportation Director Transportation Serv/ces Depaihnent 2705 No:th Horseshoe Drive Naples, FL 34104 Re: Relocation of Drainage and Maintenance Easement - Lot 8, Block C, Briarwood Unit Six Dear Ed: We represent Briarwood Development Corporation, a Florida corporation ("Briarwood"), the owner of fee simple title to the captioned property. We have been asked to assist Briarwood in relocating the existing 20 foot wide drainage and maintenance easement, which is presently located near the center of the platted lot, to the northerly sideyard of the planned lot (the "Proposed Easement Area"). It is our understanding that no utility infrastructure exists within the present easement area to be vacateWreleased, which area is depicted on the enclosed sketch and legal description attached hereto as Exhibit "A". In addition, I have enclosed a copy of the proposed Drainage Easement showing the location of the Proposed Easement Area. Finally, in order to release/relocate this non-platted easement, the County is requiring that you execute the bottom of this letter confirming that you do not object to the proposed release/relocation. Upon completion of your review of the enclosed materials, please cause this letter to be executed as indicated below. If you need additional information, please do not hesitate to contact me. We appreciate your cooperation and prompt assistance in this matter. DAL/dm Enclosures as stated. cc: Mr. Tom Spinelli Mark J. Price, Esq. 350133_1 Very truly yours, Douglas A. Lewis For the Firm MAY 1 2002 lc:/ CLEVELAND TOLEDO AKRON COLUMBUS www.ralaw.com CINCINNATI FORT MYERS NAPLES Mr. Ed Kant August 15,2001 Page 2 Collier County Transportation Ser~'icc~ Department has no objection to the proposed vacation and relocation of the easement. ACKNOWLEDGED AND AGREED TO: Collier County Transporta~ on ~rtment Ti~q~ile: ?:f' .... ~.,r., /t/~~ Dated: ~/~ 5/0 / MAY 2002 pg. ~2 A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE DRIVE TRIANON CENTRE - THIRD FLOOR NAPLES, FL 34103 941.649.2712 DIRECT 941.649.6200 M^IN 941.261.3659 F^× dlewis~ralaw.com August 15, 2001 VIA HANI) DELIVERY Mr. John R. Houldsworth Collier County Engineering and Review Services 2800 North Horseshoe Drive Naples, FL 34104 Re: Relocation of Drainage and Maintenance Easement - Lot 8, Block C, Briarwood Unit Six Dear John: We represent Briarwood Development Corporation, a Florida corporation ("Briarwood"), the owner of fee simple title to the captioned property. We have been asked to assist Briarwood in relocating the existing 20 foot wide drainage and maintenance easement, which is presently located near the center of the planned lot, to the northerly sideyard of the planned lot (the "Proposed Easement Area"). It is our understanding that no utility infrastructure exists within the present easement area to be vacated/released, which area is depicted on the enclosed sketch and legal description attached hereto as Exhibit "A". In addition, I have enclosed a copy of the proposed Drainage Easement showing the location of the Proposed Easement Area. Finally, in order to release/relocate this non-planned easement, the County is requiring that you execute the bottom of this letter confirming that you do not object to the proposed release/relocation. Upon completion of your review of the enclosed materials, please cause this letter to be executed as indicated below. If you need additional information, please do not hesitate 'to contact me. We appreciate your cooperation and prompt assistance in this matter. Very truly yours, Douglas A. Lewis For the Firm DAL/dm Enclosures as stated. cc: Mr. Tom Spinelli ;,'lark J. Pr:ce, Esq. 350129_', t,C.,EnOA rr'v4,~ MAY 2002 - n. 2.1 CLEVELAND TOLEDO AKRON COLUMBUS www.ralaw.com CINCINNATI FORT MYERS NAPLES Mr. John R. Houldsworth August 15, 2001 Page 2 Collier County Engineering and Review Services has no objection to the proposed vacation. ACKNOWLEDGED AND AGREED TO: Collier County Engineering and Review Services Dated: A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE DRIVE TP. iANON CENTRE - THIRD FLOOR NAI'LES, FL 34103 941.649.2712 DmECT 941.649.6200 MA~N 941.261.3659 FAX dlewis~ralaw.com Augustl5,2001 VIA HAND DELIVERY Briar~vood Property Owners Association 3927 Amold Avenue Naples, FL 34104 Re' Relocation of Drainage and Maintenance Easement - Lot 8, Block C, Briarwood Unit Six Dear Sir/Madam: We represent Briarwood Development Corporation, a Florida corporation ("Briarwood"), the owner of fee simple title to the captioned property. We have been asked to assist Briarwood in relocating the existing 20 foot xvide drainage and maintenance easement, which is presently located near the center of the platted lot, to the northerly sideyard of the platted lot (the "Proposed Easement Area"). It is our understanding that no utility infrastructure exists within the present easement area to be vacated/released, which area is depicted on the enclosed sketch and legal description attached hereto as Exhibit "A". In addition, I have enclosed a copy of the proposed Drainage Easement sho~ving the location of the Proposed Easement Area. Finally, in order to release/relocate this non-planned easement, the County is requiring that you execute the bottom of this letter confirming that you do not object to the proposed release/relocation. Upon completion of your review of the enclosed materials, please cause this letter to be executed as indicated below. If you need additional information, please do not hesitate to contact me. We appreciate your cooperation and prompt assistance in this matter. Very truly yours, Douglas A. Lewis For the Firm DAL/dm Enclosures as stated. cc: Mr. Tom Spinelli Mark J. Price, Esq. 350142_1 MAY 2002 CLEVELAND TOLEDO AKRON COLUMBUS www.ralaw.com CINCINNATI FORT MYERS NAPLES MOV. ~.~001 B:06PM MO.B91 (ROETZEL&AMDRESS) Briarwood Property Owners Association, Ine. August 15, 2001 Page 2 Briarwood Property Owners Association, Inc. has no objection to the proposed vacation and relocation of the easement. ACKNOWLEDGED AND AGREED TO: Briarwood Property Ov,~ers Associat/on, Inc. Bill Spinelli,,~s President MAY lq. 2002 MAY 14 2002 ' ~// . ~, ~1~,~1i I ~ '3~, ,ill ~llll ~ ~ / ~ - ~ .~ . ~ = Mil Jl ~' ~ ~i~ ~ j~!~ltl, J~ ~ ~ ~/I ~ , ~~,~ ~i :, ~ lJ.,,,~ .,..~ L/ -~ , -- ' I . } ~ _ ~ . ..,,,,, ~.,, ,, ~Jl ,, .o ~ ~ . , J .l, , J, ,:. ,,t,, I .., ,- I ~ ~ [~ :I~-.:l..: . : , ~II.~..-:. l. . .,,..:.,,.,,.., ._, .i ,,:., ., ,-.,., ,, ,, :~.,., :. -, , , t. .,.l. [t, ,. I,, ,I,', ',' "I,' '"' """'I ~'I'I'" ~u(::~. iii JJ ,[,:: ,: ,~ , . · ,-,,-.- -,. -,- .-,, :,,. .... ,, : ,[:: :1: [,: , ', ,' :, I-,l-, [{I-,l-&- l.:,l~,Jml.-,I ,l~, J~: , I , . ~ , . · ~ · ,:..,.,: .... ,,[. ,.. ,,,,. ,-.~. :,,, ~ ., Il: .. ,, MAT 1~ 2002 Property Appraiser's Parcel Identification No. This instrument was prepared without opinion of title by and aRer Recording return to: Douglas A. Lewis, Esq. ROETZEL 8: ANDRESS 850 Park Shore Drive, Third Floor Naples, Florida 33940 (94 I) 6494200 (Space above this line for recording data) DRAINAGE EASEMENT THIS DRAINAGE EASEMENT (the "Easement") is made this2.__~ay of .~:7~: l t_. , 2001, by BRIARWOOD DEVELOPMENT CORPORATION, a Florida corporation ("Grantor"), to THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COLrNTY WATER-SEWER DISTRICT, it successors and assigns (hereinafter referred to as the "County") and THE BRIARWOOD PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation (hereinafter referred to as the "Association"). WITNESSETH: Grantor, in consideration of the sum of $10.00 in hand paid by the County and the Association, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, give and convey to the County and the Association, their successors and assigns, a perpetual non-exclusive txventy (20) foot utility easement for drainage purposes only, with full authority to enter upon, construct and maintain, as the County or the Association and their assigns may deem necessary, drainage pipes, facilities, and appurtenances thereto, under and through the following described property situated in Collier County, Florida: See Exhibit "A", which is attached hereto and made a part hereof (the "Easement Area"). To have and to hold said easement unto the County and the Association and their successors and assigns forever, for the purpose of the maintenance of the Easement described herein. Grantor hereby warrants that Grantor is the fee simple oxvner of the Easement Area and Grantor has full power and authority to grant this Easement. The C~)unty and the Association and their successors and assigns shall have the right to clear and keep clear all trees, undergrowth and other obstructions that may interfere with the normal ~~3(' --' "~., maintenance of any such drainage facilities, out of and away from the Easement Area, an{ Gra~?(~ ~-~ successors and assigns, agrees not to build, construct or place, nor permit others to build con~ MAY lq 2002 place, any buildings or other structures on the Easement Area that may interfere with the normal operation or maintenance of any such drainage facilities. Notwithstanding anything to the contrary, the County shall have full maintenance responsibilities for the Easement Area and the Association shall assume none of the same. These covenants, terms and conditions shall attach to and run with the land, and are binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first above written. GRANTOR: Signed, sealed and delivered in the presence of: BRIARWOOD DEVELOPMENT CORPORATION, a Florida corporation By: -William Sl~inelli, President STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this~'~'~aday of/~,,~,,ff'/~ ,2001 by William Spinelli, as President of Briarwood Development Corporation, a Florida corporation, who personally known to me, or who ( ) has produced .,~.,//q as identification. (SEAL) NOTARY PUBLi~, STATE OF FLORI~.A Name: .,/7/,',~.o.-¢ ~ ~.S"'Z c ~.'.4 /,.' , e. ~- (Type or Print) My Commission Expires: / MAY 1 zt 2002 ASSOCIATION: THE BRIARWOOD PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation By: !>~'~~ ' Nam · t ~z. ct p,,m 57~,~1 Title: ' i°/e ~ ~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The foregoing instrument ~vas acknowledged before me this t~ "'~tay of ,,~4/~' ! ~-. ///..,c ~, ,'~ rn ,5'~A~, A,,r Z,(. / , as ~r~,4v~-~, c~ ~' ,~7; of Briarwood Owners Association, Inc., a Florida corporation, who (t-O"~personally known to me, or who ( produced /~J//~ as identification. ,2001 by. Property ) has 332682_1 (SEAL) .~.~_~**~' * Hilda T Slovanick . lk"il~llr MY Commission CC873291 °-...~, ,.:~.e Expires September 22. 2003 NOTARY PUBLIC, STATE OF FLORIDA Name: ~-/dd;z,~.4 / ,..%dOe",4/~.', d~ (Type or Print) My ommi. o. , MAY 16 2002 _ COUNTY: THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT By: Name: Title: STATE OF FLORIDA ) )SS: COI~TY OF COLLIER ) The foregoing instrument was acknowledged before me this ~ day of ,2001 by. ,as of The Board of Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sexver District, who ( ) is personally known to me, or who ( ) has produced as identification. (SEAL) NOTARY PUBLIC, STATE OF FLORIDA Name: (Type or Print) My Commission Expires: MAY 1 q 2002 -+-. ~ 10o U.E. ~'~~BRIARWOOD BOULEVARD TRACT "A" C.U.E. &r A.E. JOINDER~ CONSENT AND SUBORDINATION TO DRAINAGE EASEMENT Gulf Coast National Bank, a national banking association, being the owner and holder of that certain Mortgage recorded in Official Records Book 2675, Page 1774, et seq., as subsequently modified by that certain Mortgage and Spreader Agreement dated February 2, 2000 and recorded in Official Records Book 2776, Page 3440, et seq., and as further modified by that certain Mortgage Spreader Agreement dated February 2, 2001 and recorded in Official Records Book 2776, Page 3461, et seq. (collectively, the inter alia, Mortgage ), all of the Public Records of Collier County, Florida, which Mortgage encumbers, the land described in the foregoing Drainage Easement, hereby joins in and consents to the said easement. The joinder of the undersigned shall be construed to be a subordination of the lien referenced herein to the easement granted, but in no other manner shall it affect the priority of the lien of the undersigned's Mortgage or the terms thereof. Signed, sealed and delivered in the presence off GULF COAST NATIONAL BANK, a national banking association (Corporate Seal) STATE OF ~) COUNTY OF~ )SS: ) The fore, going instrument w. as ackno.9.~wledged before me on this \-'~ day of Avril, 200!, ~x VNC~ ~'~Xa~,c_~ , as ~ 'x¢ ~.. ~'~-~'~- of Gulf CoaSt National Bank, a' national banking associatmd, on behalf of said banking association, who (40 is personally known to me or ( ) has produced as identification. (SEAL) My Commission Expires: 343354_1 ~[ Commissior~ # CC'9271m [I 2002 JOINDER~ CONSENT AND SUBORDINATION TO DRAINAGE EASEMENT Bank of America, N.A., a national banking association, being the owner and holder of that certain Mortgage recorded on June 25, 1997, in Official Records Book 2325, Page 2376, et sea., as subsequently modified, and Assignment of Rents dated June 25, 1997 and recorded in Official Records Book 2325, Page 2386, et seq., as subsequently modified, all of the Public Records of Collier County, Florida, which instruments encumber, inter alia, the land described in the foregoing Drainage Easement, hereby joins in and consents to the said easement. The joinder of the undersigned shall be construed to be a subordination of the lien referenced herein to the easement granted, but in no other manner shall it affect the priority of the lien of the undersigned's mortgage or the terms thereof. Executed this ! ,~ t~ day of April, 2001. Signed, sealed and delivered in the presence of: Name: ~, rT,6 STATE 0~~../ ) )ss: CO~ OF ) BANK OF AMERICA, N.A., a national banking association By: Name: Title: (Corporate Seal) The foregoing instrument was acknowledged before me on this ] ~day of April, 2001, by ,.,, ]-. ~ e to) , as i/ID ~nnf America, N.A., a national banking associa{lon, on behalf of said banking association, who ally kn~ or ( ) has produced as identification. ~ J 343348_1 (SEAL) MAY 2002 T AND SUBORDINATION TO RAINAGE EASEMENT Republic Development Corporation of Ohio, Inc., a Florida corporation, being the owner and holder of that certain Purchase Money Real Property Mortgage recorded in Official Records Book 2380, Page 1954, et seq., as modified by that certain Purchase Money Wrap Around Mortgage Modification Agreement dated November 21, 2000 and recorded December 6, 2000 in Official Records Book 2751, Page 1796, et seq., and as further modified by that certain Mortgage Modification and Spreader and Notice of Future Advance dated February 9, 2001 and recorded in Official Records Book 2776, Page 3455, et seq., (collectively the "Mortgage"), all of the Public Records of Collier County, Florida, which Mortgage encumbers, inte.__r alia., the land described in the foregoing Drainage Easement, hereby joins in and consents to the said easement. The joinder of the undersigned shall be construed to be a subordination of the lien referenced herein to the easement granted, but in no other manner shall it affect the priority of the lien of the undermgned Mortgage or the terms thereof. Executed this. 23rd day of April, 2001. Signed, sealed and delivered in the presence off REPUBLIC DEVELOPMENT CORPORATION OF OHIO, INC., a Florida corporation Name:_* Steph~n R. Mi%chell Title: Vice President (Corporate Seal) STATE OF Obi o ) )SS: COUNT~ OF LUcas ) The foregoing instrument was acknowledged before me on this23rd day of April, 2001, by Stephen R. Mitchell. as Vice President of Republic Development Corporation of Ohio, Inc., a Florida corporation, on behalf of said corporation, who (/) is personally known to me or ( ) has produced as identification. ~'/OTAtl~PUBLIC Printed Name: Kathy Henli_ne (SEAL) My Commission Expires: 6/17/02 ¥" 343349_1 MAY lq 2002 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PORTOFINO AT PELICAN MARSH" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as ,,Portofino at Pelican Marsh" CONSIDERATIONS: 1. On June 25, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in ,,Portofino at Pelican Marsh". 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None Executive Summary Portofino at Pelican Marsh Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in ,,Portofino at Pelican Marsh" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. pREPARED BY: ~~ineer Engineering Review Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROV~ BY: Nor~an~istratOr Transpprtati~n Services Roy 7' Anaer , . . ctor Publld Works Utilities ~~trator ~~, ~/~ ~~nmental ~unity Dev. an Svcs. j rh D~&~e Dat~ ,. n9~9 ,1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 02- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, \\'ATER AND SEWER IMPROVEMENTS IN PORTOFINO AT PELICAN MARSH, RELEASE OF THE MAINTENAN-_': SECURITY, AND ACCEPTING TH r. MAINTENANCE RESPONSIBILITY FOR *ri .. ROAD\VAY, DRAINAGE, WATER AND SEWER LMPROVEMENTS THAT ARE NOT REQUIRED TO BE MA1NTAENED BY THE HOMEOWNERS ASSOCLa~TION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 4, 1994 approved the plat of Portofino at Pelican Marsh for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and \VHEREAS, the Developer has now requested final acceptance of the roadway, drainage, water and sexver improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements, and is recommending acceptance of said facilities. NO\\', THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be ~m'anted for those roadway, drainage, water and sewer improvements in Portorino at Pelican Marsh, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the Portofino at Pelican Marsh Homeowners Association. This Resolution adopted after motion, second and major/ty vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIt~MAN Patrick G. White Assistant Collier County Attorney MAY 20. 2 EXECUTIVE SUMMARY Adoption of two resolutions to approve two (2) applications for impact fee waivers for eligible not-for-profit charitable organizations representing a cumulative total of $8,035.59 and authorize staff to process reimbursement from this Fiscal Year's unencumbered interest account. OBJECTIVE: That the Board of County Commissioners consider two (2) applications for impact fee waivers for charitable organizations pursuant to Ordinance No. 2001-13, Section 74-203. If approved, the Board will adopt each of the two (2) attached Resolutions granting the requested waivers and authorize staff to process reimbursements, as necessary, of Correctional Facilities (Jail) impact fees. Harvest for Humanity is requesting a waive~ of $5,909.72 for the Harvest Activity Center at the Jubilation development in Immokalee, and Seacrest Country Day School is requesting a xvaiver of $2,125.87 for a gymnasium building. These two requests represent a cumulative total of $8,035.59. CONSIDERATIONS: Chapter 74 of the County's Code of Laws and Ordinances, as amended (lhe Consolidated Impact Fee Ordinance, or CIFO) provides for a limited waiver program by specified not-for-profit, charitable entities that are exempt from federal income taxes under the specified provisions of Section 501 of Chapter 26 of the United States Internal Revenue Code, and which will provide services of substantial benefit to residents of Collier County at no charge or at reasonable, reduced rates. The Board adopted the current exemption provisions on October 9, 2001, by application of Ordinance No. 2001-54, thereby amending the CIFO. No development is eligible for an Impact Fee waiver in excess of $7,500. The funding for these waivers is limited to $100,000 in a fiscal year and funding of these waivers is payable from accumulated and unencumbered interest in each of the affected Impact Fee Trust Accounts. The above agencies have submitted complete applications for waivers, including documentation of their tax exempt status (attached). These requests for waivers are only for Correctional Facilities Impact Fees because the structures are accessory to the primary land use; and, thus, they do not create additional impacts on the County's other infrastructure systems, i.e., the new structures are exempt from payment of the other impact fees pursuant to Section 74-201 .D. of the CIFO. FISCAL IMPACT: The fiscal impact will be to encumber up to but not to exceed $8,035.59 of this fiscal year's maximum of $100,000 in unencumbered interest, pro-rata, in the affected impact fee trust fund account. Previous waivers have reduced this year's cumulative waiver eligibility to $85,000. If the Board approves these requests, this fiscal year's cumulative total waiver eligibility will be reduced to $76,964.41. MAY lq 2002 - ~ I Adoption of a Resolution Approving Two (2) Applications for Impact Fee Waivers for Clmritable Organizations Page 2 FISCAL IMPACT (CONT.): Sufficient interest earnings were realized in FY 01 in the Correctional Facilities Impact Fee Trust Account to fund the requested waivers. Approval of these requests will not reduce current year revenue receipts enough to adversely affect capital project funding. If approved by the Board, staff will thereby be authorized to process impact fee reimbursements, as necessary, in the amounts indicated above. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the two (2) Resolutions to thereby authorize granting these two applied-for impact fee waivers, totaling $8,035.59, for two (2) charitable federal income tax exempt organizations that are eligible pursuant to the CIFO: Seacrest Country Day School, Correctional Facilities (Jail) Impact Fees in the amount of $2,125.87, and Harvest for Humanity, Correctional Facilities (Jail) Impact Fees in the amount of $5,909.72; and that by approval of this Executive Summary the Board authorize staff to process impact fee reimbursements, as necessary, in the amounts indicated above. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~hil T4'nd~ll, Impac{~ee Coordinator Denny Baker, Business Manager (?5 un, y D e,opm nt D v*s o APPROVED BY: ~~~-~' ~"'~'~/ Date: /~"Phomas W. Olliff County Manager MAY 2002 BOND, ?"'tOENECK & KING, P.A. AtlorIl¢}, ~ at La\v 4101 Tzmfiami Tra~l No~ Suite 404 Naple~. FL 34103-355 Phone: 941-262-S~ F~x: 941-262-5386 ~ x~.b~k.com Boom Spring~, FL ~, &h~ & ~, Alb~}, NY BuffAo, NY O,~xego. NY S~ racu~e. NY O~¢rland P~k, KS JEAN A. RYAN voice mail ext. 166 ryanj~bsk.com April 23, 2002 VIA FACSIMILE & U.S. MALL._ ~'hillip R. Tindall, Impact Fee Coordinator Office of Financial Management Community Development & Enviromnental Services Division Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Re: Revised Application for Partial Impact Fee Waiver for Charitable Organization, Seacrest School, Inc. d/b/a Seacrest Country Day School, City of Naples Building Permit No. 2002010412 Dear Mr. Tindall: Please consider this letter and attachments our revised application pursuant to our previous letter dated April 2, 2002. This waiver was requested for Seacrest Country Day School for a partial waiver of Collier County impact fees. This application is revised to reflect a request for waiver of the j ail impact fee in the amount of $2,125.87, for the subject building permit pursuant to Collier County Ordinance No. 2001-13, as amended, Section 74-203. Please advise if additional information or documentation is required. As always, thank you for your consideration. Very truly yours, BOND, SCHOENECK & KING, P.A. Attachments: IRS documentation of 501(c)(3); Permit Payment Slip Number: PT-2002010412 JA_R./lma Enclosures cc: Client ~,~. I~ IL..' lqAY 1 q 2002 Permit Payment Slip CDPRll20 - Permit Payment SlAp PAYMENT SLIP NBR: PT-2002010412 PE~4IT NBR TYPE 2002010412 ~C3 JOB DESCRIPTION 2 STRY GYM BLDG 7~oo DAvis B~V~ STATUS COA NUMBER READY 02-1855 APPLICANT AS NICK TULLO CERT NBR DBA 14556 ~ WALL SYSTEMS INC. OWNER INFORMATION SEACREST SCHOOL INC 7100 DAVIS BLVD "'",; "" ' JOB PHONE #20 r~/covs~s o. ~A~'-~... OF SOUTHWEST FEA. NAPLES FL 34104-5314 RATE CLASS CO WATER DIST CC FEE CODE 42WSDC 42SSDC 08BCAI 08BPNP 08ENIM 08FLEN 08JAIL 0BMFSG 08RDGS 08BACR 08FPRF 08APPF ~EW/EXIST EXISTING SEWER DIST SC DESCRIPTION WATER SYSTEM CHARGE SEWER SYSTEM CHARGE BLDG.CODE CERT. SURCH~LRGE BLDG PERMITS - N~LPLES EAST NAPLES FIRE IMPACT FIRE< 1 MILLION-EAST NAPLES JAIL IMPACT FEE MICROFILM SURCHARGE WATER UNITS SEWER UNITS 1 1 WTR MTR SIZE SWR MTR SIZ E3 USER JOHNSONJ JOHNSONJ POTTER T POTTER T POTTER T POTTER T POTTER T POTTER T BLDG. PERMIT SURCHARGE POTTER T BLDG. PERMIT APP. FEE CREDIT POTTER T FIRE PLAN REVIEW FEE POTTER T FIRE PLAN REVIEW APP FEE POTTER T MASTER NBR 2002010412. WAIVED ~/4OUNT DUE N 0.00 N 0.00 N 71.52 N 4,514.00 N 4,291.50 N 586.10 N 2,125.87 N 48.24 N 71.52 N -607.63 N 1,000.00 N -1,000.00 TOTAL DUE $11.101.12 ier County lus for Windows 95/98/NT Printed on: 3/4/5002 Page 1 of 1 /' MAY I 4 2002 5:34:17PM .~.~lernal Revenue Service Dep~ Wash! Seacrest School, Inc. 1986 Unity Way Naples, Florida 33962 Telep Reler Date: Employer Identification ~(umber: Key DistriCt: Accounting Period Ending: Foundation Status Classifioatlon: EffectiYe Date of Ruling: Dear Applicant: Based on information supplied, lnclud two black students for the 87-88 school ye be as stated in your application for feces determined you are exempt from federal inc of the Internal Revenue Code effective on ruling is conditioned upon the understandi all the requirements of Rev. Proc. 7.5-50 (~ requirement that your school operate in a Section 508(a)(2) of the Code provide after October 9, 1969, shal]~ not be treate~ trtment of the Treasury ~glon, DC 20224 to Contact: Mr. Sankow[tz one Humber: (202) 566-4754 qeply to: O?:E:EO:R:4 1987 ;9-2311341 %tl a ~t a June ~0 509(a)(1) & 170(b)(1)(A)(ii) 4arch 7, 1986 .nE your p~oJection of enrolling ~r and assuming your operations Will litio~ of exemption, we have >[ne tax under sebtion 501 ;he date show[! above. This ~g that you will comply w~th :opy attache) incl~dln~ the )cna fide nondiscri~natorY ~nne~. that an organization organized as an organization described in section 501(o)(3) for' any period before tiring notice that it .is applying for recognition of exempt status, iif such notice is given after the time prescribed by regulation. Section 1.508-1(a)(2)(i) of the Incom. an organization seeking exemption under se~ file th~ notice descr~bed"'in section 5OB(a', Tax Regulations p~ovides that ~tion 501(c)(3) of the Code must within 15 months f~cm the end of the monSh in which the organization was organized'.', Such notice is filed b~ submitting a properly completed and exesuted Form I023, Application for Recognition of Exemption, with the kay, District Director. Our records indicate that you filed y~ur notice on March 7, 1986, which is more than 15 months from the end ~,f the month that you were organized, Therefore, the provi~ion~ of s, etlon 508(a)(2) of ~he Code are applicable to you. You have agreed ~o this effective date. AC.~A ITEM _ 1% 2002 58 BDVd ISB~DgBS 09PIE6tIP6 LS:60 C00S/C0/P0 Seacrest School, Ina. -Z- We ha~e further determined that you a] within the meaning o£ Code section 509(a), described in the section-~ of the Coda showt If your sources of support, or' your p' of operation change, please let your key d: consider the effect of the change on your status. Also, you s~muld inform your key D in your name or address. Unless specifically excepted, beginn pay taxes under the Federal Insurance Cont' taxes) for each ~iployee who is paid $1OO You ara not required to pay tax under the (FUTA). Since you are nob a private foundati0 excise taxes under Chapter g2 of the Code. maritally exempt f~0~ other federal excise about excise, employment, or other federal Director. Donors may deduct contributions to date sho~m above, as provided in section 1' aeies, devises, transfers, or gifts to for federal estate a~d ~lf% tax purposes visions of sections 2055, 2106, a~d 2522 date shown above. You are required to file Fomn 990, Re e not a private fdundation because you are an organization above. ~ rposes~ character, or methods ,stri'ct know so that office can :xempt Status and foundation strict Director of all chan~es nr~ January ~, ~984, you mus~ 'ibutions Act (social security more in a calendar year. 'ederal Unemployment Tax Act ~, you are no~ subject to the However, you are not a~to- taxes. If you have questions taxes, contact your key District made on or after the effective '0 of the Code. Beques~$~ lea- or for your USe are deductible they meet the applicable pro- the Code, effective a~ of the .urn of Organization Exempt from Income Tax, only.if your gross receipts each year are normally more than $25,000. If your grom$ receipts are ~ot normally more than $25,000 we ask tha~ you establish that you are not,required to file Form 990 by completing Part I of that Form for your first tax year. Thereafter, you will not be required ~o file a return unti~ your tress receipts normally exceed the $2~,0OO min~,um. For ~uidanee ~n determining if ~ur ~ross receipts are normally not .more than bbe )25,O00 limit, see the lnatru¢- lulred, it mu~ be fLled bi ~he 15th day o£ the fifth month ~fter ~he end ~f your annual aocoun~in~ period. tlons for the Form 990. If a return is re There is a penmlty of $10 a day, up to a m is filed _Lste unless you establish, a~ req ~hat tl~e failure to file timely was due to ~ximum of $5,000, ~ten a ~ired by section 6652(d)( reasonable cause. MAY 1 4 2002 ~ qDd~ IS~rD~BS 09~I£6LIP6 L§:80 E005/~0/~0 -3- Seaerest School, Inc. You are not required to file feder; are subject to the tax on unrelated busi 511. If you are subject to this tax, you on Form 990-T, Exempt Organization Busin letter, we are ncc determining whether a activities are unrelated trade or busine Please show your employer identific~ file and in all correspondence with the We are informing your key DiStrict this letter could help resolve any quest foundation status, you should keep it in As part of a continuing program the operations of tax-exempt organizations. determine whether the orKaniza~ions are c laws ~nder which they ~re granted exempt extends to all organizations, lncludlns retain any information that would show th flde racially nondiscriminatory manner efforts t~ inform the community of equal If you have any questions about this 1 income tax returns ~nless'.you mesa income under Code section must file an 1Dco~e tax meturn ~ss Income Tax Return, In this ~y.of your preSen~ or proposed ~s as defined in ~tion n~mber on all returns you n~ernal Revenue Servic6~. ~irector of this ruling. Because OhS about your exempt status and your pen]anent records, ~erviee perodioally examines the the purpose of this program is to =eratinE within the scope of the [on. This examination prosrmm :hools. Therefore, you should ~t you are opera~ing in a bona :ludlnz detailed evidence of tYailability of ~he school. ruling, please contact the IS3~DV3S requirements, please cont.~ct your key Dislrict Director. · S.T.c er ely yours, Mi~ton Corny Ch [.ef, Exemp~ Organizations ~ulings Branch 09PI£GLIDG Lq :60 7_,007_,/7-_,0/t;'0 "Partnering",ith God's People for a Better Life" 1312 W. New Market Road Immokalee, FL 34142 941..657-4888 / Fax 941-657-4999 email: info@aboutharvest.org Website: www.aboutharvest.org March 26, 2002 Phillip R. Tindall, Impact Fee Coordinator Office of Financial Management Community. Development & Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Subject: Request for Impact Fee Waiver for Harvest Activity Center at the Jubilation subdivision in Immokalee, Building Permit #A2001080306 Dear Mr. Tindall: Please consider this letter and attachments as our application for a waiver of Collier County impact fees in the amount of $5,909.72, for the subject building permit pursuant to Collier County Ordinance No. 202- 13, as amended, Section 74-203. The Harvest Activity Center will be a truly multipurpose community facility that provides economic growth and educational opportunities. Activities include but are not limited to the following: 1. A portion of the building will accommodate the main offices for Harvest for Humanity, a not-for- profit 501 (c)(3). 2. Harvest for Humanity will create the Harvest Blueberry Store where agriculturally related products of the Harvest Farm may be sold. A commercial type kitchen will be used to prepare value-added agricultural products for sale in the Harvest Blueberry Store and begin the new Harvest Catering Company. The Blueberry Store and Catering Company will create 2 full time and 3 part time employment positions. Harvest for Humanity will sell this new company to the employees after a three to five year period of training and experience. 3. Due to limited space Lake Trafford Elementary School, located approximately two blocks west of the Jubilation subdivision, currently has a waiting list of students desiring to participate in their after school program. Principal Rich Heers has requested a partnership with Harvest for Humanity to use the Harvest Activity Center for expansion of their after school program and as an alternate site for parent/teacher meeting. We are committed to parmering with Lake Trafford School personnel. 4. The Harvest Activity Center will include a Computer Technology Center consisting of six to eight computers with Internet access, printers, software, and educational classes available to community residents of all ages. Adult education classes scheduled for evening and weekend hours. Harvest for Humanity is installing a "Dream Vision" video projection system that regularly scheduled "Family Movie Nights." MAY 1 2002 PSo Phillip Tindall March 26, 2001 Page 2 7. Collier County Board of Elections has requested to use the Harvest Activity Center as an official Polling Place. Enclosed please find: 1. Federal documentation of 501(c)(3) status 2. Letter from Lake Trafford School Principal Mr. Rick Heers outlining partnership with Harvest for Humanity for use of the Harvest Activity Center. Please advise if additional information or documentation is required. Kindest personal regards, RJN/fan Encl. cc: Patrick White MAY lq INTERNAL REVENUE SERVIOE DISTRICT DIREOTO~ P. O. BOX 2S0~ ClNCINNnTI, OH 45~8! OCT 2 1998 w.4.c:UP;T FOR HJlh ..,.H,_~. ..... , iL 6~31 DEPARTMENT OF THE TREASURY Employer* Identification Number: OLN: 17053244~28048 Coniact Person: O. 6. DOWNING Contact Telephone Number: (8??) ~ccountin~ Period OeceF~ber 51 ~ddendum ~pp!ies: r-se~r 6ppizcant: u===~~ .... J ,~.~,. .... information :.,mu supplz--d, and assuming .your ~.p=, =,zone w~. be == .... - .... *ion, have determined you stated in your application rot recognition or =;-em~ we . ~c'e exempi from federal income tax ,'-~-- ' . T~.~.. r'- ..... =, section 5~l(a~ of the ~.,~=r.,~l Revenue Code as an organizationu== ~ ....... .... umuh-" in sec,ion~ 50'',tc)(-J). ida' al~.~ ..... de!enmi~=~ · , ¢_.. ~..Z.on b~ithin faa r.'~esning o¢ ~ect~ .... 5~9(e) n¢ the ~t you ~Pe ~ ~r*i~.'~'~ :L,~]um~i ......... C:od~. ..... 4 +k= ? ...... * .... Jbmitled ~it.~ your application, we have d~ermzn~d ~,:=~ you are !~' .... *- fy == = pri',,at~ .... = y ,u quali operating foundation .... o,~o.-~, 3> of th~ Code ~- ord' -~"~cribed in ==,.tic. n 4~,j ,, :,~c lng!y, you are treated as a operating ~-' ~- ion your first year. after that you _..~m a private operating foundation as long as you continue. ~o mee~ ~..,=,, section j Thia ruling satisfies the good faith determinatic, n requirement of section 63.4942(b)-3(b)(2) .of the Excise Ts:',: Regulations. TC ~; '/ou change youn sources of support, your purposes, character, or- method of operation, please !e~ us know sc. we can consider Lhe effect of the change on your exempt=,=,~=-~ ..... and ~,~.~,,~=~l~n~ - status. If you amend ?'our- organizational ~c, cument or bylaws, p~-=~= send us a copy of %he amended document or bylaws. miso, ~ u= t...:~u.~ an)/ change5 in your name or A,. of January ~ I°°'' - ' ' ' .... ,~=, you are liable tot social security taxes under the Federal T--. $100 or' more you pay to each ~,,:urance b:ontributions .A. ct "'.~ - ' *" of o¢, your employees. - during a calendar year. Yc.u ere not flab'-,= for tho tax a prz"-'-,.=,= fc.u~=*~on,..-.,, you. _.~=~ subjec~ ~c. excise t~:xe5 under ChCpter 42 o? +he. ,4,~:s~Zoris ~bou~ excise employmene or o~~'¢- Federal ~8xea, please let u~ know ,~.~. ~;=~:~, legacies, devises, transfers, or gifts you or fc ar'e deductible for' federal estate arid gift lax purposes if they mae .... , .... ~_. .... :,OSc · _ :~;~,i~ pr'o.¢isL ..... ct sections ~ ..... 2iOB and ~.~'~c'"~ of the Code t h~A II~,~ . ! '.tMAYs 1' ' 002 p a, yr.~..2 n t s -2- . as deduct- in conJ,, ~.~ion with fundraising events may not necessarily qualify ible cont~'~''*~°'~= depending on Che circumstances. See Publication 139!, ~:h~nh 5ets ,~.~th guidelines on when payments made by taxpayers for ~dmission '~ ..... '*,' are deduc ~c., or other participation Zn fundraising ~czivitie~ for chmrz~/ ..... ,~ ~ ntcibutions You are required ~o tile Form 99~-PF, R~urn of Priv~ Foundation or Section '~"~ .... 1 ~ Tmus¢ Trea~ed ~s ~ Privet Founds~ fil-~ ~" the IC*h day of the fifth -~-~h after' the end of ,'ou," ~mqual 8c · -~ ~ -~r:~ty of $~8 a day is chamged when a return is filed !ale, .... ~- for the dele.}.'. However the maximum penalt,,' u.r,les5 there is reas,..,:=u~: cause , cnar~=~ ca ....... exceed $1¢,¢88 or 5 p-, ~u,,, o. your . . whiche,ver 15 less. hop organizations wi~h gross receip(s exceeding $] r*r~'?', -= -' $1~ pe~ day per return unless there i5 reasonable in any year, the ~.n=~ty is ., _~_~, ~,r~ -~ .... ---~ i'.S~,~8~. This penal't) ~I h= , __n-.~ ,... Comp .5 , 50 .... ~e~e before ye,, ~'~' it .ewe, =~ ~._,,. reLur'ns unless you ere 'T"OU are not required to file ~ '~'-'~ income suO.jec~ tr. the tax ce unrelated business income unaen section ~,: of thc If you ere sub ..... to th~s tax you must file an income tax return on Form 9aa-m E;<emp~ Organization Business Income Ts;< Return. In this letter we pm~= .... t proposed activities are ..... ¢~= _. iness as defined in section 5~J of the Code. vt.., ace mequir'ed ~o make your annual column available foe public -~=-. the de~e of publication of i~s availability, inspection within ]8¢ days =, ..... - ~ ~ * ¢ --* -¢' labi' no later than the and you ~u:, puD~isl ,h~ ice avaz ~ity required for filing the return. You are also required ~o mak. e available ..... , , ...... ~ ~- and thins a cop':.: or your ~xe,.,~,ion application, any ~upporting exemption le~ter. Failure to make these documents available for public =~ b~ect you to a penalty of $2~ pan day for each day i~-=-tion may --~ ~ ' i5 ~ failure %0 comply (up %o a maximum o¢ ~'~,¢~ zn ~he case o¢ an amnuai You need an employem ~den%ifica%ion numbem even if you have no employees, if you did nol eniac an employer identification numbem on youc applicalion, we u3i!l assign a numb~n to you and !el you ~:now. Please use that number on al! columns you file and in all cocnespondence ~ilh the In~e~nal Revenue Senvice. · ~-- ~ er'dance that your funds ace d:~icated This de!ermination is ~=:eu on i ~= = l, * in tier 5eiC0)(3> the we o :~ ~.~ , ,_ th-* ~..-~ '- ..... only for ~hose ~>.e~ption you 5hou keep recocu5 ..u ~how purposes. !'f' y'ou distribu!e ,~,,u: ~-~ *~ .... ~ ='~'~mm¢ URd~ 5eo~ton ~.] '. - .... ~ organization is not exempt under section 5~1(c)(3), you F .... ;~ .... ,.ho, ,:,= .... ,._ ..... 1 _ _. =~ ,.o the required pucpc the recipient will use ~he funds for those purposes. if you distribute funds to individuals, you should keep case histories ~howing the recipients' names, addresses, purposes of awards, manner of seiec- 1-~---k¢- ~'~ '~ to members, officers, trustees or funds ~ ~ _ . ~ -' ~-'~ F~e'...'enu~ ,~. you, so ~he.~ you can 5ubs~n~s~e upon reques~ by Service e. ny =;~,= al! dls~r'ibu~ions you m~de io individuals ...... =,,~n~ lng have indicmted in t~= h .... d.,,~ or en ~he ,addendum enclosed l~ an integral part of this letter. ~=,,~.~.,~.:=° ........ *his: ,..1~+',=, ....... ,.,.u ~'d ,,~:~ip resolve e,-,.y questions c~bou¢ your. =~.~_-~-~,:~ and priv'e~ ,o~ .... =~ion ~us, you. shoutd, keep .i~ for your ir you have any q,_~e=~ions, p~ee. se contact ~he person ,~,,,..== name ~nd ..... ~,.,_,..;~ ........... a. e she~,~n in ~he headinm of ~his letter. Sincerely your's, District D~r'ec~or IL? MAY 1 2002 P~,. ,trict Schoo/'"N o~'World C~S~/ ~, ~Collier Co~/?~// OFFICE OF THE PRINCIPAL LAKE TRAFFORD ELEMENTARY SCHOOL 3500 Lake Trafford Road Immokalee, Florida 34142-2599 (941) 867-2900 (941) 867-2904 FAX December 7, 2001 Harvest for Humanity, Inc. 1312 W. New Market Road-Suite 1 lmmokalee, FL 34142 Dear Richard and Florence: We at Lake Trafford Elementary School are excited about the potential of our school partnering with Harvest for Humanity in using their facilities as an extension of our school. At the present time we have 300 students daily, attending our afterschool program, a 21" Century grant-funded activity. We currently have a waiting list of approximately 100 students, and cannot accommodate them here. We have applied for two additional grants that will enable us to extend our services next year, provided we can have space for them. Your site would be ideal as so many of our students live within walking distance of Jubilation. We would love to have a facility like your future Activity Center that could also be used on weekends for student and parent access to web access computers. As you realize, most of our children-100% of whom are on free/reduced lunch, have no computers at home, placing them educationally at a greater disadvantage. Furthermore, it would be a great opportunity for us to have parenting meetings at another site, other than the school. As you are probably aware, many of our parents-97% of whom are minorities-feel very intimidated to attend the school where their children attend. Additionally, we have difficulty locating a space for them to meet for parenting/craftJeducational meetings during the daytime as well, because our school is so crowded. We believe that having an off-site, attractive facility nearby would help promote parent involvement. We also have no place in the Immokalee area where we can take our teachers (64 professional and 62 support) for inservice training-at least none that would provide the uplifting environment and well-equipped projection equipment that you have planned. Having lived in Immokalee for 13 years, it has been disappointing to try to squeeze into the Parks and Recreation Center to attend a variety of "town meetings" and have standing room only and poor sound amplification. I have been in a number of meetings where people left, because their only meeting room could not accommodate the people that attended. As your facility becomes available, I'm sure that there will be a number of other uses for which our school and the community will benefit. Thanks for your consideration to partner with our school. We have been searching for organizations locally who would be a contributor to the community's educational opportunities. Sinee~.ely yours, Richard L. Heers, Principal ITEM HAY 1 2002 COLLIER COUNTY CHARACTER EDUCATION TRAITS Fairness Honesty Kindness Perseverance Respect Responsibility Self-Discipline THE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL ACCESS / EQUAL OPPORTUNITY IN$*/ITUTION FOR EDUCATION AND EMPLOYMENT 1 RESOLUTION NO. 2002- 2 3 A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY GRANTING A WAIVER FROM PAYMENT OF 5 CORRECTIONAL FACILITIES EMPACT FEES ON BEHALF OF A FEDERAL 6 INCOME TAX EXEMPTED, NOT-FOR-PROFIT, CHARITABLE ENTITY, 7 FL~.RVEST FOR HUMANITY; AND AUTHORIZING COUNTY STAFF TO 8 PROCESS A REIMBURSEMENT OF SUCH PREVIOUSLY PAID 13,.IPACT 9 FEES, AS NECESSARY, IN THE AMOUNT OF FIVE THOUSAND NINE 10 HUNDRED NINE DOLLARS AND SEVENTY-TWO CENTS ($5,909.72). 11 12 13 WHEREAS, on October 9, 2001, the Board of County Commissioners of 14 Collier County adopted the current impact fee waiver provisions for charitable 15 organizations by application of Ordinance No. 2001-54, thereby amending the Chapter 16 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance 17 No. 2001-13 - (The Collier County Consolidateci Impact Fee Ordinance); and 18 WHEREAS, A not-for-profit entity, Harvest for Humanity, has submitted its 19 application for an impact fee waiver in conformance with the application requirements 20 of the Section 74-203.I. of the Consolidated Impact Fee Ordinance, in the amount of 21 $5,909.72; and 22 WItEREAS, County staff has reviewed this application and has determined 23 that this application is complete, that the applicant is eligible for the requested waiver, 24 and recommends approval of this request by the Board; and 25 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF 26 COUNTY COISESIISSIONERS OF COLLIER COUNTY, FLORIDA, that: 27 1. The application for a waiver from payment of Correctional Facilities Impact 28 Fees for a charitable organization, Harvest for Humanity is hereby approved in the 29 amount of $5,909.72. 30 2 In the event the applicant has paid, prior to the adoption of this Resolution, 31 Correctional Facilities Impact Fees as prerequisite to the issuance'of the building permit 32 specified in the application for this waiver, County staff is directed to process a 33 reimbursement of said impact fees in the amount of $5,909.72. 34 THIS RESOLUTION is adopted after motion, second and majority vote 35 favoring adoption this ~ day of ,2002. 36 37 38 39 ---- AC~._NOA ITEM ..~, 40 41 42 43 o,4 45 46 47 ATTEST Dwight E. Brock, Clerk By_ Deputy Clerk 48 49 Approved as to form 50 and legal sufficiency: 52 53 . almer, 54 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James N. Coletta, Chairman MAY 1 ~ 2002 36 1 RESOLUTION NO. 2002- . 2 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY GRANTING A WAIVER FROM PAYMENT OF 5 CORRECTIONAL FACILITIES IMPACT FEES ON BEHALF OF A FEDERAL 6 INCOME TAX EXEMPTED, NOT-FOR-PROFIT, CRAP, ITA.BLE ENTITY, 7 SEACREST SCHOOI~ INC., D/B/A SEACREST COUNTRY DAY SCHOOL; 8 AUTHORIZING COUNTY STAFF TO PROCESS A REIMBURSEMENT OF 9 SUCH PREVIOUSLY PAID 13IPACT FEES IN THE AMOUNT OF T~VO 10 THOUSAND ONE-HUNDRED TWENTY-FIVE DOLLARS AND EIGHTY- 11 SE~,rEN CENTS ($2,125.87). 12 13 14 WHEREAS, on October 9, 2001, the Board of County Commissioners of 15 Collier County adopted the current impact fee waiver provisions for charitable 16 organizations by application of Ordinance No. 2001-54, thereby amending the Chapter 17 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance 18 No. 2001-13 - (The Collier County Consolidated Impact Fee Ordinance); and 19 WHEREAS, A not-for-profit entity, Seacrest School, Inc. d/bls Seacrest 20 Countr7 Day School has submitted its application for an impact fee waiver in 21 conformance with the application requirements of the Section 74-203i of the 22 Consolidated Impact Fee Ordinance, in the amount of $2,125.87; and 23 WHEREAS, County staff has reviewed this application and has determined 24 that this application is complete, that the applicant is eligible for the requested waiver, 25 and recommends approval of this request by the Board; and 26 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF 27 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 28 1. The application for an impact fee waiver for a charitable organization, 29 Seacrest School, Inc. dfo/a Seacrest Country Day School is hereby approved in the 30 amount of $2,125.87. 31 2. The applicant has paid, prior to the adoption of this Resolution, Correctional 32 Facilities Impact Fees as prerequisite to the issuance of the building permit specified in 33 the application for this waiver. County staff is directed to process a reimbursement of 34 said impact fees in the amount of $2,125.87. 35 THIS RESOLUTION is adopted after motion, second and majority vote favoring adoption this day of ,2002. - 37 38 39 4O 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 ATTEST Dwight E. Brock, Clerk By Deputy Clerk Approved as to form and legal sufficiency: ~hom"Tma(s C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONEKS COLLIER COUNTY, FLOR.IDA By: James N. Colena, Chairman MAY 1 ~ 2002 EXECUTIVE SUMMARY AWARD OF BID # 02-3358 IN THE AMOUNT OF $67.50 PER TON NOT TO EXCEED $40,000 FOR CONSTRUCTION OF AN ARTIFICIAL REEF. oBjECTIVE: To expand the Keewaydin 3 mile artificial reef site. CONSIDERATION: Bids for this project were solicited by the purchasing department. Notices of the bid invitation were sent to 136 firms. On March 28, 2002 the purchasing department opened bids from two bidders. The total base bids received are as follows: Kelly Brothers, Inc. McCulley Marine, Inc. $ no bid $67.50 per ton Staff has reviewed the bids received and recommends award to McCulley Marine, Inc. as the lowest, qualified and responsive bidder. FISCAL IMPACT: A total of $40,000 for this project was budgeted from a variety of revenue sources: State Grant $25,000 Boaters Registration Fees $ 7,500 City of Naples Matching Contribution $ 7.500 Total $40.000 GROWTH MANAGEMENT IMPACT: The grant money will support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC award bid # 02-3358, Artificial Reef at Keewaydin to McCulley Marine, Inc. in the amount of $67.50 per ton (not to exceed $40,000) and that the chairperson be authorized to sign the agreement on behalf of the Board. Douglas,~G. S 'tt~, Senihr,.Environmental Specialist REVIEWED BY: ~{~- --,'~~~?-"- Date: W~D. ~re~z, ~. P.E., ~irector, Natural Resources Department ~V~D BY: ~4: ~4- ~/;~/ Date: Steve C~51, ~irekffor, P~chasing Depa~ment APPRO~DBY: .' ~-.~ Date:~/~~' JosePh [. Schmit~ CDES Administrator Co~mty Development & Environmental Services ~F.~A HAY 14 2002 AGE. NOA IT~ MAY 1 ~ 2002 EXECUTIVE SUMMARY PROPOSAL TO IMPOSE A TEMPORARY MORATORIUM ON PROJECTS IN THE WHIPPOORWILL AREA (BOUNDED ON THE NORTH BY PINE RIDGE ROAD, ON THE SOUTH BY THE WYNDEMERE SUBDIVISION, ON THE EAST BY 1-75, AND ON THE WE~T BY PROPOSED LIVINGSTON ROAD) UNTIL SUCH TIME AS A MASTER PLAN SHOWING PROPOSED INFRASTRUCTURE IMPROVEMENTS, INCLUDING AT A MINIMUM, POTABLE WATER DISTRIBUTION, SANITARY SEWAGE COLLECTION, STORMWATER MANAGEMENT, AND ROADS, HAS BEEN ACCEPTED BY THE COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION. OBJECTIVE: The objective of this proposal is to delay the development of this area of the County until the infrastructure necessary to serve the entire area has been properly designed, and the expenses involved in constructing that infrastructure are clearly delineated, and the source of the funding of that infrastructure is defined. CONSIDERATIONS: On January 11, 2000, the Board of County Commissioners, acting in regular session, appro;,'ed item 8(A)3 catlino_ for design of "A sanitary sewer collection system and potable water suppl.,,' distribution system.., having area-wide benefits ... (and to be).., prorated against all benefiting property owners." The BCC also approved direction to the staff that "Area-wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Prorated improvement costs to benefiting property owners shall have been determined and approved by said property ov,'ners." The BCC approved all of Staff's recommendations dealing with preparation and implementation of an infrastructure Master Plan. Since that date, no Master Plan has been prepared and no consensus on funding has been reached. FISCAL IMPACT: Properly done, developer funded improvements will have minimum fiscal impact on the County. Any cost to the County would be in terms of Staff time for the different Divisions to review such plans as may be required. GROWTH MANAGEMENT IMPACT: None. Aca_m rr ,3,Y lq 2002 ENVIRONMENTAL ISSUES: There is a slough that runs through the area that is of interest to the South Florida Water Management District. They have reviewed projects in this area with a holistic approach, but discontinuities in the functioning of the slough must be dealt with in a basin-wide plan. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. PLANNING SERVICES STAFF RECOMMENDATIONS: Staff recommends that the Board impose a temporary moratorium on any portion of any project in the affected area of Whippoorwill Road (bounded as previously described) that has not started construction, until the following items are accomplished: 1. A "Master Plan" showing location and size of all potable water distribution, sanitarY sewer collection and transmission, and stormwater transmission piping and appurtenances has been prepared. ~ All proposed road rights-of-way that serve the affected PUD's have been identified and provisions made for their inclusion in the County network. 3. An agreement as to how to fund all common infrastructure has been reached. Staff realizes that the seven main affected PUD's are in various stages of planning, design, permitting, and construction, and have a variety of existing or proposed available services (Water, Sexver, Roads/. To insure an equitable distributioh of cost/benefit, staff will take an active part in the necessar.x meetings. PREPARED BY:. ;TAN CURZANOr VS I, P.E. SENIOR ENGINEER DATE 2 ~?~loA IDa lq 2002 REVIEWED BY: THOMAS E. KUCK, P.E. DATE ACTING PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: JO~/~PH K. SCHi~IITT, ADMINIST.R. ATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. :~f9.731 EX SUMMARY/SC/H/EAB Exec. Suture. AC~CI~)A ITE~ M~.Y lq 2002 EXECUTIVE SUMMARY AUTHORIZE FUNDS IN THE AMOUNT OF $154,000 FROM DEVELOPMENT SERVICE FEES FOR THREE (3) NEW PLANNING POSITIONS TO IMPROVE THE GROWTH MANAGEMENT / LAND DEVELOPMENT CODE REVIEW AND ENFORCEMENT OF ARCHITECTURE STANDARDS. OBJECTIVE: To respond to the community and the Board's needs in a timely and quality manner. CONSIDERATION: The Board has expressed a desire to implement wholesale changes to the Growth Management Plan and Land Development Code in an effort to focus on community concerns relating to growth. Three new planning positions will accelerate the Board's desire to both address future development and current enforcement shortfalls relating to development. ' ' ' GROWTH MANAGEMENT LAND DEX/ELOPMENT CODE ,, During recent Board discussions there has been a desire to systematically review the Land Development Code and Growth Management Plan. In an effort to be responsive to the Board's desire, staff is recommending two positions, a Principal Planner and a Planning Technician, to oversee this process. (A description of duties is attached). Under present conditions, the Planning Director assigns Land Development Code changes to the current planning staff in addition to their other duties relating to zoning, site plan, and conditional use review. While in previous years amendments were brought tbrward primarily to tweak the code, under this Board there has been a desire to introduce wholesale changes to address concurrency issues, improve public participation, and ensure that development is occurring in compatible communities. Overall staff has seen a 140 percent increase in Code amendment changes under this Board~, and it is anticipated this trend will continue. Additionally, the need for regular, on-going comprehensive maintenance of the code will be addressed through the addition of a full-time staff person at this level. Currently there are two Planning Technicians that primarily respond to general land use questions, verify setbacks on building permits, process zoning certificates, issue temporary use permits, and review minor site development plans. They respond to 30 - 40 calls a day and handle approximately 20 walk-in customers per day. One of the technicians works in Immokalee on a part-time basis and reviews all of the commercial and multi-family building plans, which doubled from the 2000 to 2001, from 721 to 1,406. Additionally, staff's resources have been drained because of policy changes and legal issues. While staff does not track "billable" hours, it is estimated approximately .5 FTE's has been dedicated to working on legal issues over the past year. This trend Based on comparison of 1999 code amendments vs. 2001. is not ~ expected to change. Furthermore, the advent of the public participation plan as well as the added responsibility of writing the PUD documents contained within the rezoning reports to the Board have dramatically impacted staffs workload and ability to concentrate on their primary function of reviewing site plans and applications for rezoning requests. The addition of two positions will 1) improve the efficiency and accountability of the Land Development Code process; 2) allow the present staff to concentrate on their primary job function of reviewing proposed site development plans and zoning changes; 3) Provide much needed staffing redundancy and 4) Provide for a designated individual whose sole responsibility lies with the maintenance of the provisions of the Land Development Code. This will provide to the community and to other County Departments a single point of contact and assistance with drafting amendments to the Code in order to meet the community's needs. ARCHITECTURAL REVIEW INSPECTION Architectural reviews to ensure compliance with current codes are not integral to the buildino_s and site development plans review process. As a result, there is a great deal of exposure to the County that a structure may get approved in violation of the Code. The County building inspectors currently review for only health and safety issues (electrical. structt;ral, and plumbing), but are not qualified to review plans for architectural standards such a facjades, setbacks, and roof lines etc. To address this need, staff is proposing an Urban Design Planner position to work with the other 1.5 positions assigned to architectural review. Another qualified position will allow the planners time to review -the plans initially then inspect the sites before a Certificate of Occupancy (CO) is issued. The present structure of the code allows alternative design approval for non-commercial projects. This procedure requires greater amount of staff time per project, to revie~v. Higher land costs and the scarcity of land translate to proposed projects which incorporate taller buildings, multi-story parking garages and use of more green space areas for water retention which makes the review process more complicated and time consuming. Inclusion of new overlay districts, all have special development standard~. which add to the complexity of the review. The Architectural review and inspection process is one that requires a great amount of interaction and communication between the County staff reviewing the plans, the architects designing the plans and the contractors building the structures. Additionally, by keeping the Architectural inspections within the planning department, consistency and staffing The addition of this person will allow an additional full time position to assist with Landscape reviews, where there are presently 1.5 positions. Last year staff reviewed 839 landscape plans. Landscape review staff handles approximately 12 telephone inquiries per day and an average of 3-5 customers daily. They staff Ad Hoc Committees such as the Golden Gate Interchange Committee, U.S. 41 North Ad Hoc Committee and the Transportation Landscape Services Committee. They are also responsible for the upkeep and maintenance of the Land Development Code as it pertains to the landscape regulations, and w.'ill be involved with upcoming amendments related to the C( Character Plan. Reviews have been running approximately 2 weeks behind lev~~J service standard set by the Department for the last 9 months. GROWTH MANAGEMENT PLAN: These positions will ensure that future development is consistent with the Growth Management Plan. FISCAL IMPACT: The estimated cost of the three positions is $154,000. Funds are available from developer fees in the Community Development fund (113) reserves. RECOMMENDATION: That the Board of County Commissioners authorize the necessary budget amendments to hire a Principal Planner, and Urban Design Planner and one Planning Technician for the purposes of addressing the needs outlined in this executive summary. PREPARED BY: ~ ~ DATE: ~ "Susan Murray~irector REVIE%VED AND APPROVED BY: , ,~..,i,.,-~ -- ~ DATE: ''/ Joseph K. Schmitt, Administrator CommuniDr Development & Environmental Services 2002 1. PRINCIPAL PLANNER Primary responsibility will be to oversee the LDC Amendments and its process · Draft amendments for the Planning Department including required analysis and recommendations to forward to the BCC Review proposals to amend the LDC from other Departments and assist with the drafting of amendment language and assist other departments with the LDC amendment process · Maintain the LDC (format, content, organization, etc) Organize workshops with the BCC to address the "state of the LDC" - organize other workshops and meetings as directed by the BCC · Conduct reviews of all proposed amendments to insure they are not in conflict with other provisions of the LDC or GMP Serve as a point of contact with the public and public applicants for amendments - apprise them of the process; coordinate their application; review and analyze their applications · Coordinate with Web technician to ensure that the most current revisions to the LDC are on-line · Coordinate with Planning Technician to improve format/structure of draft amendments for public hearing presentation purposes · Coordinate with the County Attorney's office for legal review of ordinances Oversee public information process - provide information and assistance to the public and other County Departments to educate them as to the adopted changes and the impacts on their development proposals and projects with draft language, public meetings, workshops b. Secondary responsibility- project review as assigned Coordinate with specialty staff (landscape and architectural) assist _ be to oversee the LDC PLANNING TECHNICIAN a. Primary responsibility will process MAY 1 q 2002 P~o__~-~ amendment Coordinate schedules for all cycles, including amendments to cycle schedules; coordinate schedules for staff and workshops and meetings with the Board of County Commissioners regarding the "state of the LDC" and special meetings as directed by the BCC Coordinate review of the draft amendments between the Principal Planner and the County Attorney's office Amend the draft ordinance in accordance with comments received via the County Attorney's review process Coordinate schedule for mail out to all Boards and Commissioners Coordinate mail-out and distribution of all proposed amendments throughout each cycle, to the DSAC sub committee, DSAC, EAC, CCPC, BCC · Coordinate mail-out of approved ordinance to DCA Coordinate distribution of approved ordinance to staff and the public - assist Principal Planner with LDC staff meetings Attend all LDC Public Hearings provide backup material, note comments and recommendations from each Board and the BCC Create and maintain summary sheet - outline of all Board actions, recommendations, votes etc. Secondary responsibility will be maintenance associated with TDR process established by Planninq Department · Maintain land use data base; maintain program; maintain inventory of development rights in sending and receiving lands · Establish and maintain the database of receiving and sending lands · Establish and maintain database of "development rights" both severed and purchased · Establish and maintain database of Ag lands subject regulations associated with TDR process Provide public information with respect to the TDR process; availability of development rights; etc. Coordinate with Long Range Planning staff with respect to rec~ associated with TDR process MAY 1 ~ 2002 EXECUTIVE SUMMARY,. REQUEST FOR APPROVAL AND FUNDING OF A SENIOR BUDGET & MANAGEMENT ANALYST POSITION FOR THE COMMUNITY DEVELOPMENT AND ENVIRONMETAL SERVICES DIVISION TO PROVIDE A DIVISION-WIDE ANALYTICAL RESOURCE TO SATISFY A VARIETY OF CRITICAL NEEDS OBJECTIVE: To provide a competent fiscal analyst type resource to this Division to compile, develop, analyze, and cogently present to management in a timely manner critical financial and performance based information. Such information is required to effectively manage this large division in terms of financial control and optimization of our resources, both human and technological. CONSIDERATION:, The CDES Division is at a major turning point in terms of developing a world-class organization to service the development community and citizens of Collier County. Major initiatives under way include: · Reorganization within HUI, Code Enforcement, and Finance. · Implementing Project Management. · Balancing departmental fees with internal effort; using the concept "users pay." · Forecasting demand to balance with resources. · Implementing a Division-wide "professional house" billing concept whereby we can compile hours of effort for each internal and external project to ensure internal effort is balanced with fees charged. · Enhancing, compiling, and understanding performance measurements. · Assist in implementing divisional replacement business system The above initiatives are largely analytically based and require that type of individual to resource the demands to assist in making these initiatives successful. Our Division presently has no such position. This person will work within the Finance area and will be a key resource to move these initiatives forward. HAY 1~ 2002 Senior Budget & Management Analyst Position for CDES Page 2 FISCAL IMPACT: The total estimated annual cost of this position for the first full year is $55,600 including benefits and equipment. The partial year cost for FY 02 will be $30,500. Funds are available in the Community Development Fund Reserve. These funds reside within Fund 113 reserves, which are the result of Permitting, Planning, and Engineering fee income. The General Fund is not impacted by this personnel addition. GROWTH MANAGEMENT:. This additional resource will allow us to more effectively manage this Division and deal with Growth Management issues more thoroughly and timely. RECOMMENDATION: That the Board of County Commissioners approve the addition of a CDES financial analyst position to the Office of Financial Management Department within the CDES Division; and that the Board also approve the related budget amendment in the amount of $30,500 to fund this position for the balance of this fiscal ),ear. Prepared by: /.~ Denny Baker, Business Manager, Office of Financial Management/CD&ES Reviewed by: Jos .e, ph K. Sc~itt,'Administrator, Community Development ?and Enviromental Se~ices Division Approved By: ~~ ' Date: ~ Thomas W. Olliff, County Manager Date: DBaker 4/17/20021:48 PM ~t~.~ A rrr~ MAY 1 q 2002 EXECUTIVE SUMMARY ADOPT A RESOLUTION GIVING PRIORITY TO THE ACQUISITION OF ADDITIONAL RIGHT-OF-WAY ALONG THE "951 CORRIDOR." OR,1F~CTIVF.: To adopt a resolution which recognizes and affirms the importance of the County Road CR-951 ("951 Corridor") as an essential hurricane and emergancy evacuation route for Marco Island and East Naples, and which establishes the width of the right-of-way at 200 feet for this Controlled Access corridor, and which gives priority to the acquisition of right-of-way for the corridor, and which provides that all Development Orders issued along the corridor shall be consistent with the provisions of said resolution. CONSIDERATION: As one of only ~o "Controlled Access" corridors located in Collier County, which facilities are intended to maintain the highest levels of service and traffic capacities, it is important to take steps at the earliest possible opportunity to acquire the right-of-way necessary for construction of the County Road CR-951 six-lane facility. Since the law requires that the condemning authority must compensate property owners for the cost of the land, and the imprOvements which must be taken for the construction of public iprovement projects, in addition to the severance damages to the remaining real estate, as well as business damages (where less than the entire property is taken), preventing development of the land located within the "951 Corridor" will reduce the cost of right-of-way acquisition to the point where the future development of the "951 Corridor" into a controlled access roadway facility remains a feasible public works improvement project. FISCAl. IMPACT: Funding for the right of way acquisition will come from the Transportation Road Impact Fee District 4. The fight of way costs are undetermined at this time. Transportation will come back to the Board when the costs have been determined. ~.ROWTI4 MANAGEMENT IMPACT: This recommendation is consistent with the Transportation Element of the Growth Management Plan. AGENDA ITEM No. MAY 1 ~ 2002 Pg / RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, adopt the attached "951 Corridor" resolution and authorize its Chairman to execute same on behalf of the Board. APPROVED BY: '/.ffT/~,/) -/L/d/,~,......__ DATE: NOr'Eerier' AIC15, Transportation Division Administrator / AGENDA ITEM 2002 RESOLUTION NO.2002- A RESOLUTION OF COLLIER COU~'TY GIVING PRIORITY TO THE ACQUISITION OF ADDITIONAL RIGHT OF WAY ALONG THE "951 CORRIDOR." WHEREAS. County Road 951, [hereinafter the "951 Corridor"], is an essential hurncane and emergency evacuation route, serving primarily Marco Island and East Naples: and WHEREAS. due to the tremendous increase in Collier County's population there ~s an obvious need for collector and artenai roadways to keep pace with these population increases: and WHEREAS. the "951 Corridor' is one of only two road rights-of-way which hate been designated bt the Collier County Board of Commissmners as Controlled Access Comaors: and WHERE..\S. the entire length of the "951 Corndor" is an ~mportant existing or contemplated arterial road and is defined as begmmng at U. S. Highway 41 Norta to Immokaiee Road. WHEREAS. Coltier County is m the process of acquiring additional rights-oi-~t ay along this corridor to meet the foregoing needs. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Collier Count? Transponauon Division and any other affected departments shall take all steps necessary to acquire additional nghts-of-,~ay for the "951 Corridor," and whenever possible add such rights-of-way into the Five-Year Capital Improvement Plan of the Transportation Element of the Collier County Growth Management Plan for the purpose of constructing a six-lane artenat roadway. 2. The acquismon of additional rights-of-way for the "951 Corridor" shall be given priority by the County so that a high capaciLv six-lane road may be constructed as soon as practicable. AGENDA ITEM No, /~ g MAY i 4 2002 ...J 3. The Transportation Administrator shall, as soon as practicable, establish priority for acquisition of additional road rights-of-way in the "951 Corridor" consistent w/th the long- range transportation planning goals of the Collier County Growth Management Plan. 4. Priority shall be given to County staff developing a method of acquiring additional rights-of-way consistent with general law in order to expeditiously meet the need for additional right-of-way :hat has been identified so as to construct a six-lane controlled access roadway for the lowest cost possible in the "951 Corridor." 5. Pursuant to county government's grant of Police Power to regulate in the public's interest and ;'.ith knowledge of the need for future roada ay improvements, Collier County will require the reservation of Iwo Hundred [200] feet of right of way along the entire length of the "()51 Corridor" between U. S. Highway 41 North and Immokalee Road consistent x'.ith the Tx~o Hundred [200] feet of right of ;,.'ay previously purchased and con;eyed by Collier Count,, to the State of Florida Department of Transportation. 6. All dexelopment along the "951 Comdor" shall provide for the reservation of such land as ma) be needed to) create a tx~o hundred (200') foot of r~ght of aa_,,' along the entire length of the "951 Corridor" from US. 41 High~ayNorth to Immokaiee Road. Where the a{lacent canal on the eastern side of the right-of-way creates an impact, tine reset;at,on of the tao hundred ~200' 1 feet will be located along the xx estem side of tine canal. ? Polic.', Objectixe 3 of Goal One the Transportat;on Element of the Collier Count3 Gro~ th Management Plan ["Plan"] is furthered b> the adoption of this Resolution and the cited Plan prox~s~on is reaffirmed and by remrence contained herein. 8. All developmcnt orders, including site development plans, are required ~o be consistent with this policy and provide for the transpoFtation right of ~ay along thc 951 corr/dor as identified above. 9. All remedies of the property owner will be in conformity with the Col;let County Land Development Code and general law. 10. No land use actlxity may be permitted within the designated areas of right of way that would impede future construction of the roadway. ! ~"-~END4 ITEM No I l. Where apprt)pnate, the County shall make an offer to purchase the reserved land with cash or impact fee credits, or a combination of both, within ninety [90] days of the property owner's application for site development plan approval. This Resolution is adopted this __ second and majority vote favonng same. ATTEST: DWIGHT E. BROCK, Clerk day of .2002 after motion. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Da[e: JAMES N. COLETTA, CHAIRMAN Approved as to font~ arid ~.egal sufficiency: Jacq~line Hubbard Rob:nson 3. ssistant Count?. .Mtom¢'y AGENDA ITEM No MAY lq 2002 Pg.__. EXECUTIVE SUMMARY ENTER INTO JOINT PROJECT AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR MODIFICATION OF MEDIAN OPENINGS AND ADDITIONAL TURN LANES AT SR 84 (DAVIS BOULEVARD) FROM COMMERCIAL DRIVE TO BROOKSIDE DRIVE, PROJECT No. 60016 OBJECTIVE: To obtain Board of County Commissioners (Board) approval to enter into a JPA for modification of median openings and additional turn lanes to provide smoother traffic flow and alleviate traffic congestion on SR 84 (Davis Boulevard) from Commercial Drive to Brookside Drive ("the Project"). CONSIDERATIONS: The Collier County Transportation Operations Department ("the County") has negotiated an agreement with FDOT. Pursuant to the terms of the Agreement, the County will advance $182, 885.34 to construct the Project in the County FY 2003. These funds represent the total estimated cost of the construction and construction engineering inspection (CED services for the Project. In exchange for advancing the funds, FDOT has agreed to reimburse the County in the State's FY 2003/2004. Based on the timing of the proposed construction, staff anticipates that the advance and the payback will both occur in the County FY 2003. FISCAL IMPACT: Funds in the amount of $182, 885.34 are available in the Transportation supported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board approve staff's request to enter into a JPA with FDOT for improvements on SR 84 (Davis Boulevard) and approve the requisite County Resolution. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: // 11 ' Date: Date Date: Attachment: Joint Project Agreement Resolution 2002- AGENDA ITEM No. II~ ~ MAY 1 2002 FM NO.: 412945 1 58 01 COUNTY: COLLIER JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COLLIER COUNTY FOR MODIFICATION OF MEDIAN OPENINGS AND ADDITIONAL TURN LANES This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinat~er referred to as the "DEPARTMENT" and COLLIER COUNWY, FLORIDA, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the DEPARTNIENT is prepared, in accordance with its Five Year Work Program to fund design, construction and construction engineering inspection sera'ices (CEI) in fiscal },ear 2002/2003, for modification of median openings and addition of mm lanes at SR 84 (Da~ns Boulevard) from Commercial to Broo 'kside, under FM Number 412945 1 58 01, herein after referred to as the "PROJECT"; and WHEREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in the tentative Five Year (2000/01 -2004/05) Transportation Plan; and WHEREAS, the completion of the PROJECT is in the best interest of both the DEPARTMENT and the COUNWY, it would be most practical and expeditious for the COb%WY to undertake the design, construction and construction inspection services (CED for said PROJECT; and WHEREAS, the DEPARTMENT is willing to compensate the COUNWY for costs directly related to the design, construction and construction inspection services (CED of the PROJECT; and WHEREAS, the COUNTY by Resolution, dated the __ day' of _00~, a copy of which is attached hereto and made a part hereof, has authorized the C~airperson of the Board of County Commissioners to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. a) The COUNTY agrees to undertake the design, construction and construction engineering inspection services (CEI), and the DEPARTMENT agrees to pay for said services, as stated in paragraph 6 herein, provided they are performed in accordance with, the terms and conditions of the DEPARTMENT's permit and the requirements hsted in Exhibit A, and the plan AqENDA iTEM MAY 1 2002 included herein as Exhibit "B": b) The services to be rendered by the COUNTY shall commence, subsequent to the execution of this Agreement, upon written notice from the District Traffic Engineer or her designee. 2. The PROJECT consists of design, construction and construction engineering inspection services (CED for modification of median opening on SR 84 (Davis Boulevard) to a westbound directional and construct a westbound left turn lane, closed median opening to the east and extend eastbound and westbound leR turn lanes at Avondale. Project limits beginning at M.P. 0.295 and ending at M.P. 0.517. 3. The COUNTY shall submit plans to the DEPARTMENT for DEPARTMENT' S approval. The COUNTY shall provide the DEPARTMENT with one hundred percent (100%) completed PROJECT design plans. 4. The COUNTY shall be responsible for obtaining all clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities. 5. a) .All work to be performed under this Agreement to be in accordance Vath the requirements listed in Exhibit "A" and as depicted in Exhibit "B" attached hereto and by this reference made a part hereof. b) The DEPARTMEN~T must approve any consultant and/or contractor selected for flue PROJECT. The COL~TY must certify that the consultant has been selected in accordance with the -Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). 6. The DEPARTMENT agrees to a maxmaum participation, including contingencies, in the PROJECT (design and construction) in the amount of ONE HUNDRED EIGHTY TWO THOUSAND EIGHT HLTNDRED EIGHTY FIVE AND NO/100 DOLLARS ($182,885.00). 7. The DEPARTMENT agrees to pay the COUNTY in accordance with SecU°n 339' 12' Fl°nda Statutes, and totally subject to leg/slative approval and appropriation, in accordance with paragraph 6 herein. Said payback will take place in 2003/2004, the fiscal year in which the PROJECT is currently programmed and after receipt of invoice from the COUNTY. In the event the COUNTY proceeds with design and construction of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). 8. The COUNTY agrees to provide project schedule progress reports to the DEPARTMENT in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Either party to the Agreement may request and be granted a conference. 2 AGEN D~A ITEM No. MAY 1 2002 Pg. 9. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMENT will have the right to visit the site for inspection of the work and the drawings of the COUNTY at any time. 10. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Sarah Clarke, Project Manager Florida Depas tment of Transportation P.O. Box 1030 Fort Myers, Florida 33902-1030 TO COUNTY: Daniel Hall Collier County Design Operations Section Collier County 2705 S. Horseshoe Drive Naples, Florida 34104 1 1. (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (b) There are no travel expenses authorized in this Agreement. lc) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COL%'TY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. (d) If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payment. (e) The DEPARTMENT agrees to pay the COUN-I'Y for the herein described services at a compensation as detailed in this Agreement. (f) Vendors (in this document identified as COUNTY) providing goods and services to the DEPARTMENT should be aware of the following t/me frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Affeement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Depa,iment of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. (g) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor 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. AGE,ND.A IT_EM NAY 1 2002 (h) A Vendor Ombudsman has been established within the Depa, tment of Barfldng and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1- 800-848-3792. (i) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times dunng the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the Consultant's general accounting records and the project records, together with supporting documents and records, of the Consultant and all subconsultants performing work on the project, and all other records of the Consultant and subconsultants considered necessary by the DEPARTMENT for a proper audit of costs. (j) The DEPARTMENT, during any fiscal year, shall not expend money, incur an)' liability, or enter into any contract w~ch, 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 written, 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 entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the servi-ces to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's - performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. (k) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency, (I) The COUNTY shall not sublet, assign or transfer any work under this A~eement without the prior written consent of the DEPARTMENT. (m) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. (n) In no event shall the making by the DEPARTMENT of any payment to the COUNTY 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 COUNTY, 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. (o) A person or alYnliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or 4 AGENQA ~TEbl No.._~.i~.__~ MAY 1 4 2002 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 properly 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 fi.om the date of being placed on the convicted vendor list. (p) Unless otherwise specifically stated herein, this Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. q.) An entity or affiliate who has been placed on the discriminatory vendor list mav not submit a bid on a contract to provide any goods or services to a pubhc 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 subrmt 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 enti~', and ma.v not transact business with any public entity. 12. a) The DEP.-LRTM~qT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors~ b) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of(i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwdse the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMENT. c) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. d) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 13. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided lhat the MAY 1 q 2O02 part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 14. a) .' To the extent allowed by Section 768.28, Florida Statutes, flue COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees or subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or subcontractors. Neither COUNTY nor any of its officers, agents, employees or subcontractors will be hable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. b) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/subconsultants who perform work in connection with this Agreement: "The contractor shall indemmfy, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability, of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of ormssion or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or properly directly caused or resulting from the sole neghgence of the DEPARTN(ENrI' or any of its officers, agents or employees." 15. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are known and legislatively appropriated reimbursements, if approved, are made by' the DEPARTMENq'. 16. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the ternu or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. AGEND/~, ',TEIVi 1 ti 2002 IN WITNESS WHEREOF the COUNTY has caused this Agreemem to be executed in its behalf this.-__ day of ,2002, by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the day of ,2002, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this day of ,2002. BOARD OF CO~MMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TR2kNSPORTATION By: By:_ CHAIR_MAN JIM COLETTA DISTRICT SECRETARY ATTEST: DWIGHT E. BROCK CLERK OF CIRCLTT COURT By: (Seal) By: AI-FEST: EXECUTIVE SECRETARY tSeal) Approved as to Form and Legality: [ ! By: ., · .."~ ~I , ASSISTANT COb~rNWY ATTORNEY Approved as to Form and Legahty: -By: DISTRICT LEGAL COUNSEL MAX 1 q 2002 EXHIBIT "A" All proposals, plans, specifications, environmental permits, acquisition, construction, reconstruction or improvement of facilities or equipment within or connecting to State Owned Right of Way shall comply with the following: a) Section 287.055, F. S. "Consultants' Competitive Negotiations Act". b) FDOT "Project Development and Environment Manual". c) Section 404 of the Clean Water Act, Wetlands Permitting Program (U.S.A,C.O.E.). d) Kule Chapter 62-312 FAC, Dredge and Fill Activities (DEP). e) Kule Chapter 40D-4 and 40D-40, Surface Water Management (S.W.F.W.M.D.), as apphcable f) Rule Chapter 40E-4 and 40E-40, Surface Water Management (S.F.W.M.D), as applicable. g) A policy on Geometric design of Highways and Streets (AASHTO), 1990, as amended. h) Manual of Uniform Mimmum Standards for Design, Construction and Maintenance- for Streets and Highways, State of Flor/da, 1994 Edition, "Green Book". i) Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility, Operations for Streets and Highways on State Maintained Systems, 1994, as amended. j) Florida Department of Transportation Roadway Plans Preparation Manual (2 Volumes), 1989, as amended. k) Manual on Uniform Traffic Control Devices, 1988 Edition. 1) Florida Depa~unent of Transportation Standard Specifications for Road and Bridge Construction, 1991, as amended. m) Structures Standard Drawings, FDOT, 1996 Edition. n) Florida Depa,bnent of Transportation Structures Design Guidelines, 1987, as amended. o) Rule Chapter 14-96, Florida Administrative Code (FAC), State Highway System Connection Permits, Administrative Process and Rule Chapter 14-97 FAC, State Highway System Access Management Classification System and Standards. MA7 1 q 2002 p) q) r) s) Rule Chapter 14-86 FAC, Drainage Connections. State of Florida Department of Transportation Drainage Manual, 1996, as amended. Mimmum Specifications for Traffic Control Signals and Devices, 1994. Florida Statutes regulating acqmsition of right-of-way for transportation facilities, including, but not limited to Chapters 73, 74, 287, 336, 337, 339 F. S. t) Title 23, Code of Federal Regulations, Chapter 1, Subchapter A, Part 1, Section 1.23 and Subchapter H, Part 710, Subparts B, C. & D. 9 AGE~D~ i'4AV 1~ 2002 1 RESOLUTION NO. 2002, 2 3 A RESOLLVFION AUTHORIZENG EXECL~ION OF AN 4 AGREEMENT FOR MODYFICATION OF MEDIAN OPENINGS 5 AND ADDITIONAL TURN LANES AT SR 84 ,(DAVIS 6 BOULEVARD) FROM COMMERCIAL DRWE TO 7 BROOKSIDE DRIVE WITH THE STATE OF FLORIDA 8 DEPARTMENT OF TRANSPORTATION (FDOT) ANT) 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the Collier County Board of County Commissioners (Board) wishes to 12 improve traffic flow on SR 84 (Davis Boulevard) within Collier County (the County); and 13 WHEREAS, the Board, after negotiation with the FDOT, believes that it can assist in 14 providing traffic flow improvements bv implementing design, construction and construction 15 engineenng inspection services (CEIl for modification of median openings and additional turn 16 lanes on SR 84 (the Project): and 17 WHEREAS, the County has agreed to provide funds in the amount of $182.S85.34 to pay 1 $ for implementation of the Project: and 19 WHEREAS, FDOT has agreed to reimburse the County in the State's Fiscal Year 20 2003/2004 for implementation of the Project: and 21 WHEREAS. the Board believes such an Agreement to be in the best interest of the 22 citizens of Collier County. 23 NOW. THEREFORE. be it resolved bx' the Board of Collier County. Florida. that: 24 SECTION 1: The Board does hereby authorize its Chairman to execute an Agreement entitled, 25 "Joint Project Agreement between the State of Florida Department of Transportation and Collier 26 County for Modification of Median Openings and ,Additional Turn Lanes" at SR 84 iDavis 27 Boulevard) from Commercial Drive to Brookside Drive bem'een the County and the FDOT. 28 agreeing that the County will implement the ProJect in exchange for a reimbursement from the 29 FDOT in the amount of $182,885.34 by September 30. 2003. 30 SECTION 2: This Resolution shall take effect immediately upon its passage. 31 This Resolution adopted after motion, second and majority vote favonng same. 32 33 34 35 36 37 38 By: By: 39 40 41 42 43 44 DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA 4546 le ~o al/s u ffi,ci en cp~//~{.~ ~-J~ 4, ,:7. 48 H~idi fi. A~hton 49 Assistant County Attorney 50 JAMES N. COLETTA, Chairman AGEND& !TEM " ,. t ( : [5 5¢- MAY I 2002 ! EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS FROM PELICAN BAY STREET LIGHTING FUND RESERVES TO THE OPERATING BUDGET OBJECTIVE: To approve a Budget Amendment to transfer funds from the Pelican Bay Street Lighting Reserves to the Operating Budget in Fund 778. CONSIDERATIONS: On September 28, 2001 two invoices in the approximate amount of $10,100 were received from E.B. Simmonds for street lighting repairs that took place in July, 2001. Funds were budgeted for these repairs in Fiscal Year 2001. However, at Fiscal Year 2001 end, the Purchase Order to E.B. Simmonds was closed with the balance of the funds transferred to Reserves. A Budget Amendment is now needed to transfer $10,100 from Reserves to the Operating Budget to cover these expenditures. FISCAL IMPACT: The total Fiscal Impact is a net reduction of $10,100 in the Pelican ,~'~ Bay Street Lighting Fund Reserves. GROWTH MANAGEMENT IMPACT: None 'RECOMMENDATION: That the Board of County Commissioners approve a $10,110 Budget Amendment from Pelican Bay Street Lighting Fund Reserves (778) to the Operating Budg~eLi,~ Fund 778. PREPARED BY:'"' d--'~e~' d~ James P. Ward APPROVED BY: C< T r an~c/rt ati0_r~ APPROVED BY: ~'/i)~j~ DATE: ~"/ DATE: .~., Director erations Norman Feder, AICP, Administrator Transportation Division 2002 BUDGET AMENDMENT REQUEST For Budget/Finance Us~ Only BAR~ .............................. AP.H. Date ....................... FUND TITLE Pelican Bay Street Lighting Date prepared: 05/01/02 Approved by BCC on FUND NO. 778 Attach Executive Summary Item No. EXPENSE BUDGET DETAIL Reserves Cost Center Title ]919010 [Cost Center No. Project Title I Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 991000 Reserve For $ (10,100) $ 51,400' $ 41300 Contingencies I TOTAL $ (10,100) Street Lighting - Field Operations Cost Center Title 182701 Cost Center No. N/A Project Title Project No. Expenditure Object Code 652990 Expenditure Title Other Operating Supplies Increase (Decrease) $10,100 TOTAL $10,100 Current Budget $13,700 Revised Budget ;$ 23,800 2002 Cost Center Title REVENUE BUDGET DETAIL Cost Center No. I Project Title I Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Two invoices from E.B. Simmonds for street lighting repairs which occurred in July 2001 were not received until September 28, 2001. Funds were budgeted for these repairs in the Fiscal Year 2001 Budget, however, at Fiscal Year End the purchase order to E.B. Simmonds was closed before payment could be made. Where are funds available? Fund 778 Reserves. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE 05/01/02 ~o./1~ ~ ~ HAY 1 ~. 2002 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. BRC-FT-02-03 FOR BETTER ROADS, INC. TO MODIFY RADIO ROAD MEDIAN OPENING BETWEEN INDUSTRIAL BOULEVARD AND COMMERCIAL BOULEVARD IN THE AMOUNT OF $56,827, PROJECT NO. 60016. OBJECTIVE: To receive Board approval of Work Order No. BRC-FT-02-03 with Better Roads, Inc. for median opening modifications under the terms of the Annual Contract for Roadway Contracting Services #98-2905. CONSIDERATIONS: Modify Radio Road Median openings between Industrial Boulevard and Commercial Boulevard by removal of approximately 1130 square yards of existing pavement, curb and gutter and sidewalk within the median area. Other modifications include construction of a westbound left turn lane at Corporate Square and the construction of three (3) median islands each filled with concrete to the level of the top of curb and installation of traffic control signs and curb and pavement markings. Below are the costs received from interested contractors as follows: Contractor BASE BID Better Roads, Inc. $56,827.00 Bonness, Inc. $63,912.66 APAC-Florida, Inc. None Better Roads, Inc. submitted the lowest and most responsive base bid in the amount of $56~827.00, r~'~, FISCAL IMPACT' Funds in the amount of $56,827.00 are available in the Road Construction ~.~ Gas Tax Fund for' the Intersection Improvements project. Source of funds is Gas Tax. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners (1) Approve Work Order No. BRC-FT-02-03 with Better Roads, Inc. in an amount of $56,872.00 to modify the Radio Road Median openings between Industrial Boulevard and Commercial Boulevard. (2) Authorize the Transportation Services Director to sign the work order. SUBMITTED BY: ~~ Date: A. Nyankadau KDcti, Proj,Cct Manager T..r. ar~s p ¢ rt~i o .n/~ pC n s Department REVIEWED BY: ~"~-~"~"/ Date: ~' i~dward,,~TnL~. E., Director Trans,di~'rt,C'ior~ Oj~eration Department ~9~man Feder, AICP, Administrator Transportation Services Division AGENDA [,'~-~ 1 2002 BETTE~ ~OADS I,NC 6~ ~0~ PROJECT COST ESTIMATE Radio Road Between Industrial Bird and Commercial 81vd March 12, 2002 RFP 98-2.905 MAR 29 Scope of Work Removal of "flex stick" and Bi. Directional Amber Raised Pavement Markers. Removat of approximately 1150 square yarcls of existing pavement w~th curt2 aha sidewalk within the meclian area, Construction of wes~ound left turn lane at Corporate Square and the construction of three (3) median istancls eact~ filled with concrete to the level of the top of cuCo. Installation of Traffic Controt Signs and Curb & Pavement Markings all per Drawing CCTO 9 & 9A dated 02-14-02. All spoil matedal to be removed from ich site. Item Descn'~tion CL~ Uni..__~t Unit. Cost ..E~t. endecl Cost 1 Mobilization Lump Sum $ 4,ooo.o0 $ 4,000.0o ~. MOT Lump Sum 3 Install Type "A" Curb & Gutter 1040 Lin. Ft. $ ii.co $ 4 install Asphalt Pavement 257 Sq. Yds. $ 5 Pavement Removal 1130 Sq. Yds. $ 5.0o $ 5~650.00 6 Curb Removal 1270 Lin. Ft. $ 3,co $ 3,8io,oo 7 Concrete Island Fill 218 Cu. Yds. $ so.co $ io,9oo.oo 8 Sign installation 8 Ea. $ li5.oo $ 92o.oo 9 Yellow Curb Paint 940 Lin. Ft. $ .5o $ 47o.oo 10 ' 6" White/Yellow Skip Line 0 Lin. Ft. $ .6o $ o.oo 11 6" White/Yellow Stripe 2770 Lin. Ft. $ ._~o $ 1,385.oo 12 8" Yellow Stripe 200 Lin. Ft. $ 1.co $ 2oo.oo 13 18" Yellow Stripe 140 Lin. Ft. $ 2..30 $ 3.~o,oo 14 18" White Chevron 12 Ea. $ ,, 23.00 _ $ __. 2,76.00 15 24" Stop ,~2 Lin. Ft. $ 3.5o $ 147.0o 16 Turn Arrow o Ea. $ 17 TumArroww/ONLY S Ea. $ 2oo.oo $ 6oo.oo Roadway Contractor: Authorized Signature: Total Estimated Cost 56,827.00 AGE~NI~ A !'rEM No..~¢..~~ MAY 1 ~ 2002 Date: 3t18/02 Submitted To: Adctre~$; Collier County Transportaaon Operations Dept. 2705 Horseshoe Dr, S. Naples, FL 34104 1990 Se~az'd Ave. Naples. Plot'tda 34 (941) 597-6~21 bonn~s$1~c~)aol.¢om Bid Tltle: Radio Road Bef~veen Inclustriat I~lvcl. And Commercial Blvd, J~id Number; Proje~---t Location: Racl[~ Rd. Contact: John Miller Projec~ City, State: Naples, FL. Phone: (94~,) 7"74~49~ Fax: (:941) 659-$787 l~ncjineertArchitec~: Transportation Services Division Line No. Item No. Item Description Estimate~:l (~uanfity Unit Unit Price Total Price 01 Mobilization 1.00 LS $10,852.17 $~0,852.17 02 Meintenance Of Traffic 1.00 L$ $4,082.05 $4,082.05 0,3 Type "A" Curb ~ ,O40.00 LF $10.45 04 Aspnal[ Pavemcn[ 2.57.00 SY $39.92 $10,259.44 CE Pavement .~emoval I ,I 30.DC SY $12.83 $~ 4,497,g0, 06 Curb Removal 1,2.70.G0 LF $2.07 07 Concrete lslan~ Fill ~ ,438.00 SF $4.95 $7,11&lO 08 Signage (two-R3-5Li30"X30", Twe-R3-2 1 .C0 LS $990.00 $990.00 W/R3-4/'2,4'X24", Two R3-4) 09 Yellow curb paint 940.00 LF $0.50 $470.00 I O ~" wniteJyetlow stdpe 2,770.00 LF $0.50 $1,385.00 11 8" Yellow Stripe 200.00 LF $0.83 $166.00 12 18" Yetlow Stripe 140.00 LF $2.20 $308.00 13 24" Stop 42.00 LF $3.30 $1,38.50 14 Turn Arrow W/only 3.00 =-~,CH $49.50 $148.50 To~l Bid Price: $63,912.66 ~'age I ef 2. MAY 1 2002 Pg. ~ ~..OCATION .)SS ST CITY · RADIO RD · WBLT TO DONNA ST · NAPLES Collier County Tran$oortation Deoartment Traffic Operations Teclmiciaas: Luis & Elias Site: Date: 612010020044 06/13/01 Interval B~in AM- WB PM- WB Wednesday 12:00 0 1 12 12:15 0 9 12:30 1 7 12:45 0 0 1:00 0 0 10 1:15 0 4 1:30 0 5 1:45 0 10 2:00 2 2 7 2:15 0 6 2:30 0 4 2:45 0 14 3:00 0 0 14 3:15 0 4 3:30 0 12 3745 0 l0 4:00 0 0 6 4:15 0 7 4:30 0 7 4:45 0 4 5:00 0 0 13 5:15 0 6 5:30 0 6 ~15 0 14 ~'~ 0 9 8 2 6 t,.,o 1 13 6:45 6 8 7:00 5 31 7 7:15 8 8 7:30 7 5 7:45 11 0 8:00 8 20 8 g:15 4 2 8:30 4 2 8:45 4 8 9:00 1 26 4 9:15 11 2 9:30 4 4 9:45 10 8 10:00 8 20 1 10:15 4 6 10:30 4 1 10:45 4 6 I 1:00 7 40 2 11:15 10 0 11:30 9 4 11:45 14 0 28 29 31 40 24 39 35 20 18 14 6 Totals Peak Hour Volume Factor 7otal 149 11:00 40 0.71 453 304 2:45 44 0.79 Data File: RADIO RD %qBLT TO DON.~A ST Printed: 6;14'2001 Paae: 1 LOCATION CROSS ST CITY Collier County Transoortation Department Traffic Operations Technicians: Luis & Elias ' RADIO RD EBLT TO INDUSTRIAL BLVD NAPLES Site: Date: 612010020033 06/1' Interval B~m AM- EB PM- EB Day: Wednesday 12:00 0 1 12:15 0 12:30 0 12:45 1 1:00 l 1 1:15 0 1:30 0 1:45 0 2:00 0 0 2:15 0 2:30 0 2:45 0 3:00 0 0 3:15 0 3:30 0 3:45 0 4:00 0 0 4:15 0 4:30 0 4:45 0 5:00 0 7 5:15 1 5:30 2 5:45 4 6:00 6 45 6:15 10 6:30 11 6:45 18 7:00 8 62 7:15 13 '~:30 22 7:45 19 8:00 22 86 8:15 18 8:30 24 8:45 22 9:00 28 116 9:15 30 9:30 30 9:45 28 10:00 26 102 10:15 28 10:30 24 10:45 24 I 1:00 26 119 1l:15 28 11:30 17 11:45 48 30 26 28 34 30 29 14 26 26 36 34 23 24 27 32 18 16 21 20 16 18 16 8 8 6 2 3 3 3 4 3 6 3 4 9 5 3 4 3 12 32 10 4 6 0 0 0 0 I18 99 119 101 73 50 14 16 21 22 52 0 Totals Peak Hour Volume Factor DayTotal Dam File: 539 11:00 119 0.62 1,224 RADIO RD EBLT TO INDUSTRIAL BLVD 685 1:45 122 0.85 20O2 Printed: 6/14,2001 Paae: Turning Movement Counts LOCATION: Radio Rd & Industrial I Donna DATE: 12/22/98 ! nbl ! nbt i nbr [ sbl sbt ] sbr [ ebl ebt ! ebr I wbl I wbt I wbr 15-miniHour ~~ 4' 12 15 17 1 15 12 50 1 4 113 32 276 07:30 AM 07:45 AM 5 12 14 19 4 27 12 76 2 8 225 47,.,,..,--,,,,~ 08:00 AM 08:15 AM 2 11 12 25 3 29 16 75 2 8 227 33 443 1738 08:30 AM 08:45 AM 3 3 11 16 11 35 16 73 2 11 187 25 393 1746 ~.~ ...... _~~. ...... ¼ ,- , 442 11:15AM 11:30AM 3 ~ 9 19 [ 16 7 46 15 124 7 15 158 23 '~~~~E11:45A~2:00PM ~ 1 i 6 { 1~ { 31~ ' ~~~~~~~13 45 ~6 147 5 15 {161 ~.~~_. ":~;'~~~'~%'&~" ' ' ' ~'~ 5 ' 51 17 134 8 , 8 174 25 471 i1912 .~:~u nv, .......... 4 , 10 ~ .~¢ ~ ~ - '~'~'¢~' '-~{;~'~'~" ~'~ ~' ; 5 ; 24 10 ,60 21 143 7 ' 11 '168 22 485 d~'~PM- I8200P'~ j 2' i.5 , 7 .,l 17 ~ 4 41 /12 ,16%1 ~ ! ~z ,-~uv 27:455 J1816 02:15 PM 02:30 PM 4 5 7 24 i 10 38 21 I 150 4 15 430 11776 19 18 18 35 38 17 53 411 i;i734 541 i 5391 02:45 PM 04:00 PM 04:30 PM 03:00 PM 04:15 PM 04:45 PM 05:00 PM 05:15 PM 05:30 PM 05:45 PM 2 2 21 129 605 i2099 2156 Peak Hour: 04:30 PM 05:30 PM PHF: Pedestrian Movements 07:00 AM 09:00 AM 11:00 AM 03:00 PM 04:00 PM 06:00 PM 07:00 AM 09:00 AM 11:00 AM 03:00 PM 04:00 PM 06:00 PM RADIO.WK4 2 19 77 177 76 183 35 930 20 63 0.50 0.59 0.88 0.71 0.79 0.69 0.80 0.92 0.56 0.75 PHF: 0.89 NB/SB 5 8 EB/WB 5 7--~ 1 C-1 Tindale - Oliver and Associates, Inc. 525 49 2156 O.86 0.94 MAY 1 2002 01/27/99 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 2 TO THE CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BY RWA, INC., IN THE AMOUNT OF $1,891,110.00, FOR FINAL DESIGN OF THE AIRPORT ROAD GRADE SEPARATED OVERPASS AS PART OF THE GOLDEN GATE PARKWAY SIX- LANING DESIGN FROM AIRPORT ROAD TO SANTA BARBARA BOULEVARD, PROJECT NO. 60027. OBJECTIVE: To receive Board's approval of the negotiated Amendment No. 2 to the contract for Professional Engineering Services by RWA, Inc., for the Golden Gate Parkway Design Project. CONSIDERATION: On November 28, 2000. the Board approved the Contract for Professional Engineering Services with RWA. Inc.. for the Golden Gate Parkway Six- Laning Design. This contract provided for the option to incorporate additional design services for the Airport Road Grade Separated Overpass. On September 11. 2001. the Board approved Amendment No. 1 to the Contract for Professional Services, which added Design Services to identify, the footprint for the Airport Road Grade Separated Overpass. The Final Report on the grade separated overpass from RWA, Inc., has been reviewed and, after considerable meetings with affected property owner groups and the general public, has been approved by staff as the concept for the project design. Amendment No. 2 is needed to expand the Design Services for RWA, Inc., and its design team of consultants, to add the complete design of the Airport Road Grade Separated Overpass into the Golden Gate Parkway Design Project consistent with the concept plan and incorporating the minor changes resulting from the public input. It is anticipated that this design task will be completed in eighteen months for a total cost of$1,891.110. FISCAL IMPACT: Funds in the amount of $1,891,110 are available Transportation District 2 Impact Fee Fund. Source of funds are Impact Fees. in the GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 73) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the _ contract and authorize the Chairman to sign Amendment No. 2 to Services Agreement with RWA, Inc., for Project No. 60027. SUBMITTED BY: ~_~__~,__--,~2'~-~ DATE: Ga~ R.45uta~r~u' P.E., Senior Project Manager REVIEWED BY: REVIEWED BY: APPROVED BY: APPROVED BY: Dale A: Bathon, P.E., Principal Project Manager Director, Transporation Engineering & Construction Management Dept. Steve .Camell, Director, ?urcha¢ing/General Services Transportation Division DATE: DATE: DATE: DATE: ~G~NI~ No. IL~ ~ "--- MA~ 1 q 2002 Project 60027 S/A No..~ '~ GOLDEN GATE PARKWAY SIX-LANING DESIGN PROJECT AMENDMENT NO. 2__ TO PROFESSIONAL SERVICES AGREE: 'lENT This Amendment No. 2 to the Agreement (hereinafter referred to as the "AGREEMENT") is made and entered into this __ day of , 2002, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and RWA. Inc., authorized to do business in the State of Florida, whose business address is 3050 North Horseshoe Drive. Naples. Fl., 34104 (hereinafter referred to as the "CONSULTANT"). V~'ITNESSETH \VHEREAS, COL%'TY and CONSULTANT currently have a valid professionaI- se~'ices agreement fbr the provision of professional services for the Golden Gate Parkway Six-Laning Design Project, Prqiect No. 60027, the COU.~TY desires to modifx the terms of said AGREEMENT. and towards that end it is necessary to incorporate additional design services for the Grade Separated Overpass into the Proiect. said services more fully described in said Amendments thereto: and WHEREAS, COUNTY and CONSULTANT agree the addition for the Golden Gate Parkway Six-Laning Desi~ma Project. to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the t.vpe of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and contained herein, parties agree as follows: Page 1 of 3 provisigns AGF_rNDA !TE..~ HA'~ I ~ 2002 Project 60027 S/A No. 2 ARTICLE ONE CONSULTANT shall provide to COUNTY Professional Engineering se~'ices in accordance xvith Schedule "A" of this Amendment; as attached hereto. COU~'TY a~ees to compensate CONSULTANT for services rendered hereunder as prescribed m "Man-Hour & Cost Summary", as outlined in said AGREEMENT and Schedule "B". Contract fee adjustments: 2.1 Original maximum contract fee 2.2 S/A No. 1 2.3 S 'A No. 2 New Contract Fee = S1.24.5.857.00 -- S 261.840.00 -- 51.$91.110.00 = S3,398,807.00 The schedule for said Grade Separated Overpass Professional Engineering Services for Amendment No.2 for the Golden Gate Parkway Six-Laning Design Project shall be completed in eighteen months from the Notice to Proceed. 4. The AGREEMENT, as amended, shall remain in full force and effect. Page 2 of 3 Project 60027 S/A No. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Golden Gate Parkway Construction Project the da.,,' and year first written above. ATTEST: (As to Chairperson) BOARD OF COU,'NTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Bv: Dwight E. Brock. Clerk By: James N. Coletta. Chairman Approved as to fom~ and legal sufficiency: Witness RWA. Inc. Christopher O. Wright. P.E. \"ice President /Witness (CORPORATE SEAL) Page 3 of 3 Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 TABLE OF CONTENTS 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 PROJECT OBJECTIVE AND DESCRIPTION PHASE 1 PROJECT DESCRIPTION (SA NO. 2) QUALIFICATIONS DURING TERM OF SERVICES PUBLIC INVOLVEMENT DESIGN STANDARDS DESIGN SERVICES 6.1 Design Survey 6.2 Geotechnical Investigation 6.3 Utility Coordination 6.4 Drainage Design 6.5 Environmental Services 6.6 Traffic Studies / Analysis 6.7 Highway Lighting 6.8 Maintenance of Traffic 6.9 Signing and Pavement Markings 6.10 Si~alization and Sisal Interconnect 6.11 Right-of-Way 6.12 Landscaping / Aesthetics 6.13 Hydraulics/Hydrology 6. I4 Structural Analysis 6.15 Construction Cost Estimates 6.16 Desi~, Construction Plans and Bidding Documents 6.17 Submittals 6.18 Minimum Review Content 6.19 Coordination Meetings 6.20 Construction Bid Support SCHEDULE COMPENSATION PLANS PREPARATION, EiNq3ORSEMENT AND OWNERSHIP SERVICES DURING CONSTRUCTION EXPERT WITNESS TESTIMONY WORK TO BE DONE BY COUNTY ADDITIONAL SERVICES SA No. 2 Grade Separation Final Desi~ Scope (RWA Update a-9432).doc MA',' I t, 2052 Page I of 26 Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 1.0 PROJECT OBJECTIVE AND DESCRIPTION The overall objective of the project is to upgrade Golden Gate Parkway (CR 886) from a four-lane roadway to a six-lane urban divided roadway as the ultimate condition. The limits are from Bear's Paw/Estuary to Santa Barbara Boulevard, approximately 3.5 miles in length. Within these limits, the FDOT is preparing construction plans for an Interstate 75 Interchange at Golden Gate Parloa'ay (State Project No. 03175-1431). Their project includes widening Golden Gate Parkway, from about 66th Street SW to 60t~ Street SW, approximately one mile in length. One objective is to work cooperatively with the State, so the COUNTY'S six-laning project and the FDOT's Interchange Project integrate to the maximum extent practical. The original project included: Phase lA - At-grade improvements on Golden Gate Parloa'ay from Airport-Pulling Road to Livingston Road, including final design of at-g-rade improvements of the Airport-PullinWGolden Gate Parkway intersection. Phase 1B - conceptual design of a wade separated overpass structure at the intersection of Golden Gate Parkway and Airport-Pulling Road, which was included Supplemental A~eement (SA) No. 1 (SA No. 1) Phase_'~- .~,-,,-,-o ~'-.. ~,.~ improvements on Golden Gate Park~,vav c.,, o,,,~ r,_,;,,', ~n~s,on'~ * ,,.,_,.,.,r> ,. ~,,4 ,~,,~, S .... ~,~,~ r, ~_t. ~ ~ Boulevard. Supplemental A~eement No. 2 provides for the final design and permitting of the separated overpass structure at the intersection of Golden Gate Parkwvay and Airport-Pulling Road. The east-west length of the Grade Separation Overpass (GSO) PROJECT is approximately 8,016 ft. The north-south limits on Airport-Pulling Road are 1,320 ft north and south of Go]den Gate Parka'ay. The objectives of SA No. 2 are: · To develop a complete set of construction plans that the COL~'TY can use to bid and build the GSO PROJECT improvements (Phase 1), from Bear's Paw/Estuary entrance to just east of Livingston Road. Airport-Pulling Road intersection improvements will be grade separated in accordance with the layout and design criteria shoxxan in the Golden Gate Parlavay/Airport Road Grade Separated Overpass Final Report (February 2002). Construction plans and permits will be programmed for an anticipated mid 2004 construction bid date. Identify additional right-of-way/easement requirements through development of right-of-way maps and necessary sketches and descriptions (Phase 1). Submit environmental permits to applicable state and federal agencies in order to secure permission to construct improvements for the entire length of the original project, Bear's Paw/Estuary to Santa Barbara Boulevard (Phase 1 and 2). Separate ERP applications will be submitted for the Phase 1 and Phase 2 projects. The limits of Phase 1 and 2 are illustrated in Figure 1. 2002 Page2 of 26 SA No. 2 Grade Separation Final Design Scope (RWA Update-~-9-02).doc COLLm~ CO~ BOARD OF COUNT1r~ CO~tMI[F~IONER8 FLANS OF PROPOSED GOLDEN- GATID PARKWAi¥':(CR 886) OOLL I ER COUNTY PROSECT N~ 600~7 -~- <1 ?ROJECT, LL3iA T ?~fl LENGTH OF PROJECT /_~(. fr. PllN_.~IAY fPH~SE I- ~ 7,~ ?ag~ 3 of 25 ^ . ...... ,ss:~. (?j37A Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 2.0 PHASE 1 PROJECT DESCRIPTION (SA NO. 2) This Supplemental Agreement Number 2 (SA No. 2), made between RWA, Inc. (CONSULTANT) and the Board of County Commissioners for Collier County (COUNTY) amends their original agreement of November 28, 2000 and was amended September 11, 2001, for CONSULTANT to provide semces to the COUNTY for Golden Gate Parlcway (Project No. 600027). The original agreement involves the widening of Golden Gate Parkway to six-lanes, from Airport-Pulling Road to Santa Barbara Boulevard. The amended agreement (Supplemental Agreement No. 1) allowed for the performance of a ~ade separation study. Except as specifically amended by this Supplemental Agreement No. 2, all the terms and conditions of the original Agreement dated November 28, 2000 shall remain in full force and effect. The objective of this project is to prepare final engineering and environmental permitting documents needed to replace the at-~ade intersection at Golden Gate Parloa, ay (CR 886) and Airport-Pulling Road (CR 31) with a Single-Point Urban Interchange (SPUI), herein referred to as the Golden Gate Parkway/Airport Road Grade Separated Overpass (GSO) (see Figure 1- Golden Gate Parkway Interchange). Final desig-n plans will be prepared ibr the GSO in accordance with the Golden Gate Parkway/Airport Road Grade Separated Overpass Final Report (February 2002). A proposed GSO formed part of the Grey Oaks Development of Regional Impact (DILl). The adopted DRI and Planned Unit Development (PUD) documents are important due to commitments provided by the developer. In addition to a proposed GSO. provisions for drainage, traffic considerations, and right-of-way commitments are provided m those documents. Close coordination bv the COU%'TY. the CONSULTANT and the Grey Oaks developer will be important. The GSO Project includes the following elements:· .,kn overpass structure that elevates Golden Gate Parkqvay over Airport-Pulling Road. · The at-grade roadway and overpass structure of Golden Gate Parkway will be a six-lane divided urban arterial. · Exita,,,.,- a entrance ramps. · Bike lanes on the at-grade section of Golden Gate Parkway. · Traffic signals at the grade portion of the intersection with Airport-Pulling Road. · Retaining walls for the overpass approaches. · The replacement of the existing double box culvert under Golden Gate Parlox~ay at the Airport- Pulling Road Canal with a ne~v four-cell box culvert. · Coordination with the City of Naples and other applicable utility companies. · Landscaping design. · Public Involvement. · Environmental permitting ,~Sth applicable State and Federal Agencies. · Northbound right turn lane on Airport-Pulling Road. 3.0 QUALIFICATIONS DI:TdNG TERM OF SERVICES The CONSULTANT shall provide engineering sen'ices for the PROJECT, in general accordance with and of a quality meeting the minimum design standards established by the State of Florida Department of Transportation and Collier Count>.'. Page 4 of 26 SA No. 2 Grade Separation Final Desig'n Scope IRWA Update 4-0-02) doc 2--"_., iTEM 9nnq Pa$~ 5 of 26 Page 6 of 26 K ~, N'.~ 2 (-~a~¢ .q~oara~on F~ai D~i~ Scooe ~R WA Uodate 4-9-025 Pa~e 7 of 24 Nc,. 2 C~, ade Sc"~aradon F'~na] Des':?, Sco2c (RWA U~da:¢ 4-9-02'xdo¢ IDA ITEM Pa~e $ of 26 Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 4.17 PUBLIC INVOLVEMENT Public involvement includes communicating with interested persons, groups, and government organizations information regarding the development of the PROJECT. The COUNTY will coordinate and perform the appropriate level of Public Involvement for this PROJECT as generally outlined in the following sections. The CONSULTANT will provide support as needed for the COUNTY to hold public meetings. A Public Hearing is not anticipated. For public a) b) c) d) e) meetings, the CONSULTANT will prepare and/or provide as necessary the following: Scripts or agenda presentation Graphics for presentation Meeting equipment (setup and take down) Draft letters for notification of elected and appointed officials News releases (for use three to five days before meetings) For public meetings, the COLLNTY will prepare and/or provide as necessary the following: a) Legal display advertisements b) Meeting sites and halls 4.1 Kickoff Meeting One (1) Kickoff Meeting is anticipated. The CONSULTANT team will meet with local officials to introduce this PROJECT, receive ideas, and do the following: a) Noti$' officials and interested parties by letter, telephone, or other appropriate means. b) Prepare an informal presentation (script, gaphics, displays) c) Deliver the presentation using knowledgeable staff members d) Prepare meeting site (setup and take down) 4.2 Coordination Meetings The CONSULTANT will attend coordination meetings with local officials to discuss the GSO Project. These meetings should be held at or around the 60% phase of the project. Presentations will be prepared regarding the GSO, including the evaluation criteria, the constraints, and the costs. The presentations may make use of PowerPoint slides and computer-generated images showing how the intersection may look after the grade separation is constructed. In addition, color renderings of the alternatives may be used to illustrate the PROJECT. The presentations will be prepared for technil technical people. Nine (9) coordination meetings are anticipated: Technical Advisory Committee Meeting (TAC) (1 meetings) Metropolitan Planning Organization Meeting (MPO) (1 meetings) · Small Group Meetings (Bm-ton Collier, Naples Grande, Bear's Paw, County Commissioners, City of Naples) (7 meetings) Page 9 of 26 SA No. 2 Grade Separation Final Design Scope (RWA Update 4-9-02).doc Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 4.3 Public Workshop The purpose of the Public Workshops is to present the PROJECT to the public and receive comments on the Design. The COUNTY will advertise and conduct the workshop. The CONSULTARrr will provide necessary displays, maps, scripts, etc. Two (2) Public Workshops are anticipated. 5.0 DESIGN STANDARDS Specific design and construction references, aids and standards shall include, but will not necessarily be limited to, the materials listed below. These design reference materials shall be the latest edition materials in effect at the time of Notice to Proceed of the Services Ageement for the PROJECT: a) b) c) d) e) fl g) h) i) k) m) n) o) p) q) Manual of Uniform Minimum Standards for Streets FDOT FDOT FDOT FDOT FDOT FDOT Design, Construction and Highways (MUMS) Plans Preparation Manual Procedures Manual for Flexible Pavement Design Drainage Manual Right-of-Way Engineenng Manual Basis of Estimates and Computations Manual Standard Specifications for Road and Bridge Construction and Maintenance For Manual on Uniform Traffic Control Devices AASHTO A Policy on Geometric Design of Highways and Streets Collier CounD' Public Rights-of-Way Construction Standards Handbook FDOT Utility Accommodation Guide A Policy for Access Control Management for Arterial and Collector Roadway in Collier County (Collier County Resolution 01-247) FDOT Structures Desig-n Guidelines FDOT Location Sun~ey Manual Final Golden Gate Parkway/Airport Road Grade Separated Overpass Report, Februau' 2002, RWA, J/nc. Golden Gate Parkway (Airport-Pulling Road to Santa Barbara Boulevard) Roadway Design Criteria Report, May 2001, RWA, Inc. SA No. 2 Grade Separation Final Design Scope {RWA Update 4-9-02).doc ~GENDA ~, ,- MAX I ~. 2002 Page l 0 of 26 Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 6.0 DESIGN SERVICES 6.1 Design Survey Survey Data Collection: A 50-foot grid topographic data collection shall be gathered on the north side of GGP within the Project's east-west limits. Survey will include roadway tie-in locations, above ground utilities, marked below ground utilities, existing improvements and existing drainage features. Stake out of geotechnical borings. Survey jurisdictional wetland lines. Survey potholed utitit5' locations (a mobilizations). total of up to 20 locations, under 2 different 6.2 Geotechnical Investigation Within the limits of the interchange project, the CONSULTANT will conduct subsoil ~°~,.s~s* and c,,--;, ..... s,, ~' data for roadway, borings., samples, and .... ,,.s~., will ~-~L,~ perfo,~ed in general accordance with the Florida Department of Transportation Soils and Foundations Manual. A summary of services includes: 6.2.1 Mast Arm Poles/Overhead Sig-n Structures 6.2.1.1 Mobilization of drill rig to each site and dritling one soil test bonng to 25 feet below existing grade at each pole location (total of sixteen bonngs). 6.2.1.2 Visually stratifying the borings by a geotechnical engineer, 6.2.1.3 Analyzing the data, ,~ '~ ' 4 w,qting an en~nee~ng report summarizip, g t~,~, ~,,.4i,,g~ ~.-,.4 p~,,tlr.,~ the evaluation and recommendations for: 6.2.1.5 Soil parameters for foundation desig-n: 6.2.1.6 Wet soil unit weight, 6.2.1.7 Dry soil unit weight, 6.2.1.8 Angle of internal friction, and 6.2.1.9 Water table depth at time of drilling. SA No. 2 Grade Separation Final Design Scope (RWA Lydate 4-9-02).doc Pg. Page 11 of 26 Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 6.2.2 Pavement Coring: In order to complete this phase of work, complete corings will be taken of the existing asphaltic concrete, limerock base, subbase and embankment within alternating lanes along the 4-lane road at approximate 1,000 foot intervals (total of 14 cores). This work ;;'ill require closing one lane of traffic within the work zone, with appropriate traffic cones, signs and advanced warning arrow panels as stated in Index No. 612 of the "Roadway and Traffic Design and Standards" manual dated January 2000. 6.2.2.1 6.2.2.2 6.2.2.3 6.2.2.4 6.2.2.5 6.2.2.6 6.2.2.7 6.2.2.8 6.2.2.9 Traverse the alignment to visually evaluate the existing pavement surface condition, Mobilization of core rig and coring crew to the site, Mobilization of required traffic safety equipment to the site, Complete six-inch diameter pavement section cores at 14 locations along the roadway alignment, Replace the excavated core hole with cold patch asphalt back to the original pavement surface height, Complete laboratory asphalt testing on selected pavement cores, Complete laboratory Limerock Bearing Ratio, moisture content testing and ~ain size analyses on composite samples, Prepare a written report summarizing the work and providing an evaluation of the composite Structural Number of the existing pavement section. Provide milling depth recommendations. 6.2.3 6.2.3.3 6.2.3.4 6.2.3.5 Grade. Separation Overpass Surucrare 6.2.3.1 Mobilization of drill rig to the site, 6.2.3.2 Drilling two soil test borings to 70 feet beloxv existing grade for the abutments (one on each side of Airport Road along the proposed overpass structure), Drilling one soil test boring to 70 feet below existing grade at each proposed pier supporting the overpass bridge (total of two borings), Drilling eight soil test borings to 20 feet below existing grade along the MSE retaining walls (two borings along each wall), Drilling four soil test borings (one every 100 ft.) to 45 feet below existing grade for the new four-cell box culvert. The new culvert ;;'ill be constructed just east of the existing canal, which will be realigned. Visually stratifying the boring by a geotechnical engineer, Perform laboratory Grain Size, Plastic/Liquid Limit O~g~,~i~, Resistivity, Chloride Content, and Sulfate Content tests [on samples. ~o. \~, ~ Analyzing the data, 6.2.3.6 6.2.3.7 6.2.3.8 SA No. 2 Grade Separation Final Design Scope (RWA Update 4-9-02).doc Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 6.2.3.9 Writing an engineering report summarizing the findings and presenting an evaluation of: 6.2.3.9.1 Foundation alternatives, 6.2.3.9.2 Site preparation recommendations, and 6.2.3.9.3 Site preparation. 6.3 Utility Coordination The CONSULTANT shall conduct a predesign conference meeting, if needed, with affected utility owners and COUNTY representatives for the GSO. The COUNTY will coordinate all project designs with those utility owners that may have direct or indirect interest in the PROJECT. The CONSULTANT is not required to perform, provide, or furnish utility engineering, design and plan preparation services for private and public utility facilities with the exception that CONSULTANT shall show all existing and planned utility facilities made knox~m to the CONSULTANT by said private and public utility owners on the Utility Adjustment Plans. The CONSULTANT shall prepare Utility, Adjustment Plans that only identify utilities to remain and those to be relocated. The CONSULT,~NT shall not be responsible for designing the relocations or any new utilities. The existing utility information shall be secured from the utility owners. The CONSULTANT shall design solutions for unavoidable conflict points be~'een proposed drainage improvements and existing utilities and shall show the drainage modifications on the construction plans. In some cases, the design solutions ma3' require relocation of utilities. The design for the relocation of any utilities will be the responsibility of the owner. Verification of subsurface utility, locations (pothoting) will be performed by others and CONSULTANT will provide survey support. 6.4 Drainage Design Drainage improvements shall be designed and constructed within existing and proposed roadway rights-of-way, and/or for applicable offsite facilities required for water quality and attenuation of applicable storm events. Proposed roadway drainage system shall be within and adjacent to the PROJECT limits. Overland runoff from upland properties shall be considered in the final roadway drainage design. CONSULTANT shall make drainage desit,m recommendation to the COLrNTY for the type of drainage system that should be used, i.e., closed-drainage system and/or open roadside ditches. After the permit application submittal, any changes to the system requested by the COUNTY or others, will be considered as Additional Services. The Additional Ser~dces will include other work required to accommodate these drainage system changes. The CONSULTANT shall determine drainage areas contributing to the PROJECT and will show such information on the drainage maps and construction plans. CONSULTANT shall submit a list of drainage desitin criteria for the C4 approval prior to commencing with final drainage maps and construction plans. SA No. 2 Grade Separation Final Desig~ Scope (RWA Update 4-9-02).doc )~TA~gNOA~ITEI~I Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 The CONSULTANT shall prepare requisite stormwater permit applications, according to Chapter 17-25 (Regulation of Stormwater Discharge, Florida Administrative Code) and Chapters 40E and 40E-40 of SFWMD. After COUNTY approval, the CONSULTANT shall make direct submissions to said agency and shall perform subsequent required evaluations, coordination, and follow-up services. The COUNTY will review the permit applications, as necessary, and the CONSULTANT will administer the agency review process. Services required of the CONSULTANT for the SFWMD permit application shall include preparation of exhibits, drawings, sketches, calculations and other reasonable design information and in order to satisfy minimum requirements of said agency. The COUNTY shall pay the fees associated with such permits. 6.5 Environmental Services Environmental services will be provided for the entire length of the project, from Bear's Paw/Estuary to Santa Barbara Boulevard (Phase 1 and 2).The PROJECT may encroach within adjacent wetlands under jurisdiction of the State of Florida Department of Environmental Protection (FDEP), SFWMD, and U.S. Army Corps of Engineers. The CONSULTANT shall classify wetlands and uplands utilizing an aerial photographic based graphic, prepared according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). The CONSUTLANT shall show any such wetland areas on the aerial plan sheets in conjunction with the permitting process, which are part of the Scope of Services as described herein. The CONSULTANT shall coordinate with the environmental and operational permitting agencies listed above. The CONSULTANT shall undertake field assessment observations of the PROJECT site, accompanied by the COU,~TY'S Project Manager, as applicable. Similarly, the COU.'NTY shall have a Project representative in attendance with the CONSULTANT during coordination meetings with each governing permit agency. The COUNTY shall be copied with all correspondence issued to all governing permit agencies by CONSULTANT. The CONSULTANT shall prepare, submit, and fully process the required environmental and operational permits and the Storm Water Pollution Prevention Plan (SWPPP) for the PROJECT, on behalf of the COUNTY. The CONSULTANT will coordinate with the County and permitting agencies listed below and submit complete environmental permit applications, upon approval of the COUNTY, to the following agencies: a) b) c) d) e) f) SA No. 2 Grade Separation Final The South Florida Water Management District (SFWMD) (Management of Storage of Surface Water Permit) The Florida Department of Environmental Protection (FDEP)CNPDES) The United States Army Corps of Engineers (USACOE) The Florida Game and Freshwater Fish Commission (FGFWFC) SFWMD Big Cypress Basin Board (Right-of-Way Use Permit) - including the design exception needed to construct a four-cell box culvert instead of a bridge structure at the Airport-Pulling Road Canal. U.S. Fish and Wildlife Service (USFWS). required. Design Scope (RWA Update 4-9-02).doc ' AGENDA Section 7 Consultatior Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 Requirements and stipulations issued by permit agencies having jurisdiction over the PROJECT will be incorporated into the construction plans and contract bid documents. While it is expected that the CONSULTANT shall seek and receive advise from various local, state, and federal agencies, the final direction on engineering and environmental- related matters remains with the COUNTY. It is anticipated at this time that the mitigation for this PROJECT will be done off-sire in Mitigation Bank. The COUNTY will be responsibility for the costs associated with such mitigation. If required, the CONSULT,auNT shall prepare a wetland mitigation plan, which may include a combination of onsite (i.e., within or adjacent to the PROJECT right-of-way corridors) and offsite mitigation plans. The costs associated with this task are not included in this proposal and will be considered as Additional Services. The CONSULTANT shall survey the PROJECT for federal and state designated endangered, threatened and species of special concern, including individuals as identified in the "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida*' Published by the FGFWFC, most recent edition. Other positive indications (nests, burrows, droppings, start holes, etc.) of their presence shall also be surveyed. The listed species survey shall consist of conducing observations for listed species known or suspected of utilizing the PROJECT corridor. Ihe CONSULTANT shall summarize the results of the obserYations and submit said narrative to the applicable regulatory agencies. If a specific species is identified and a specific survey/investigations must be performed. the cost associated with this task shall be negotiated as a supplemental a~eement. The following assumptions are used with respect to project environmental issues: · Administrative hearings or civil laxv challenges are not anticipated. · Section 7 Consultation with the U.S. Fish and Wildlife Service w/Il not be required. · Work scope does not include additional wildlife surveys (beyond those specifically identified in the work scope) that may be required by the permitting agencies. · Construction related wetland monitoring, wetland mitigation design, etc. are not part of this work scope. · Florida Fish and Wildlife Conservation Commission relocation/take permits for gopher tortoises and burrowing owl, etc. are not part of this work scope. · No public heanngs will be required as part of the USACOE approval process. The permitting for this project is anticipated to include the improvements for the entire project limits (i.e. from Bear's Paw/Estuary to Santa Barbara Boulevard along Golden Gate Parkrway, with an exception for the FDOT 1-75 Interchange Project). It is anticipated that a single permit application will be prepared that addresses the various phases of construction (i.e. grade separation, at grade, construction phasing). Noise Analysis facility and future conditions (with and without the GSO). The FDOT PDe Part 2, Chapter 17, xvill be used as a guide for the noise analysis and bander SA No. 2 Grade Separation Final Design Scope (RWA Update 4-9--02}.doc - The CONSULTANT will perform a noise analysis for the existing MAT ! h 2002 Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 Noise barriers are not anticipated for this project. However, the FDOT has developed standard noise wall details and plans that may be used, if needed. The FHWA Traffic Noise Model (TNM) will be used for the noise analysis. Field noise measurements will be conducted along the existing and proposed alignment or links that may be affected by the GSO. A Draft and Final Noise Technical Memorandum will be prepared. 6.6 Traffic Studies / Analysis Traffic data provided in the Final Collier County, Grade Separation Report, report date not published, will be used to size turn lanes (i.e. queue analysis) and develop ramps. Traffic analysis will be developed for one intersection, Golden Gate Parkway/Airport- Pulling Road. Access management will be developed based on the location of existing and planned driveways shown in the Golden Gate Parlovay/Airport Road Grade Separated Overpass Final Report (February 2002). 6.7 Highway Lighting Preliminary Design - Desumq serwices shall include the initial layout of the street iighting. Determine the location, type of operation, and hardware required, using simulation and capaci~' analysis techniques, and street lighting distribution analysis. Final Design - Design services shall include the preparation of final street lighting plan sheets. The CONSULTANT will develop detailed summary of items, circuit schedules, engineer's estimates, additional notes, and special provisions as required. 6.8 Maintenance of Traffic Design services shall include the preparation of plans for the maintenance of traffic for the phases of construct/on activities in advance of entering and leaving the work zone. T~,~ ces~ sba!! ;~-:";~ ~ ~ '-~'~ ~"~ ~ ~ ' ' ' .... ' '_ ......... o,,s .... t .... v,,-s,,,s of roadways m~ess and e~ess prope~' ox~ers and businesses, routing, si~ing and pavement markings, and detour quanfi9' tabulations. Special consideration shall be given to :he cons~ction of the drainage system and CounW's fiber optic ~affic sisal system (which will be in place during cons~ction of the GSO) xvhen developing the cons~ction phases. The CONSULT~T may include applicable need for tempora~ waffic sisals, alternate detour roads, and the use of materials such as tempora~ sheet piling in the analysis. The CONSULT~ shall prepare plan sheets, notes, and details to include, if required, the following: T~ical Sections, General Notes and Cons~ction Sequence Sheets. T~ical Details, Tabulation of Quantities, Traffic Conxol Plans, Si~ing and Marking, and Tempora~ Si~ali~tion Sheets. Additional pl~ sheets that may be required include cross sections, profiles, tempora~ drainage s~cmres, tempora~ retaining wall details and sheet piling as needed for the proper cons~ction and implem, ,,t, Li~,,~A~t.5 con=ol plan. SA No. 2 Grade Separa:ion Final Desigr: Scope {RWA L',pdate 4-9-02).do¢ Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 6.9 Signing and Pavement Markings Design services shall include the design and plan preparation for customary ~ound mounted signing and pavement markings as applicable within the project limits. Up to six overhead sign structures are anticipated for this project. 6.10 Signalization and Signal Interconnect Design services shall include the design and plan preparation for signal interconnect required within the project limits (to be shown on the Lighting Plans). The COLLNTY shall provide existing signal record drawings to the CONSULTANT. Signal Timing shall be the responsibilits' of the COUNTY. Signalization plans are anticipated only for the intersection of Golden Gate Parkway and Airport-Pulling Road. 6.11 Right-of-Way lne CONSULTANT si,ail be responsible for ' '-; * -' suom .... n~, recommendations for additional rights-of-way ancVor easements, as deemed necessary to accomplish the PROJECT construction at the 30°,/o design ~nterval. The CONSULTANT shall be required to undertake preparation of new recordable right- of-way maps. The COUN'TY will provide the parcel numbers for the maps, The CONSULTANT shall prepare and furnish certified sketches of survey and legal descriptions for all additional rights-of-way and:or easements that might be required and authorized by the COL~'TY. The COU~'TY will assist the CONSULTANT in identiS'ing right of way encroachments during a site visit for this specific purpose. 6.12 Landscaping / Aesthetics Prepare the construction plans, details and specifications for bidding and installation purposes of the landscaping for the project. 6.12.1 Landscape Planting Design Provide plans to include plant types, locations, planting details, quantities, sizes and installation specifications. 6.12.2 Irrigation System Design Provide plans and specifications to include sprinkler head types and locations, main line size and location; water supply sources; controller locations, and other components for a fully automatic irrigation system. SA No. 2 Grade Separation Final Design Scope (RWA Update 4-9-02)doc AGENDAJTE!~ Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 6.12.3 Hardscape Elements Prepare plans, details, specifications and/or product recommendations for the following project elements. 6.12.3.1 Decorative Paving 6.12.3.2 Site Furnishings 6.12.3.3Signage 6.12.3.4AccenV'Street Lighting 6.12.3.5Water Features 6.12.3.6Sculpture Display Areas 6.12.3.7Structural Element Colonng, Texturing and/or Imprinting 6.12.4 Final Opinion of Costs Develop opinion of costs based upon final construction documents. 6.12.5 Visualization The CONSULTANT will revise the three-dimensional computer model previously created during the Conceptual Design Study. Large format (11" x 17") color prints will be provided for review by the design team during design development. The prints xx ill be a composite view containing digital photography of the existing scenery and the computer generated proposed roadway from four locations. These prints will be used to communicate the desig'n aesthetics. In addition the CONSULTANT will prepare a xSsuaI presentation containing animated tours from the vantage point of a driver using the proposed roadways. The simulated drive through will serve as a tool to review and or approve the aesthetic design elements before the plans are used for construction. 6.12.6 AesThetics Report Prepare aesthetics report to summarize the aesthetic considerations for the project. 6.13 Hydraulics/Hydrology Final sizes and locations are determined for applicable drainage structures (pipes, box culverts, bridges, etc.) and will be shown and labeled on plan and profile sheets. Hydraulic computations shall be prepared and shall include values for total runoff. culvert/ditch capaci~, hydraulic gradeline, baclovater depth, scour analysis, and any other applicable items. All hydraulic design assumptions for major structures will be verified at this time including method of analysis, return frequency and existing conditions. Temporary as well as permanent erosion control measures will be designed and shown on the plans. Such measures may include detention and diversion structures, bank and channel stabilization, sediment control, energy dissipation devices, landscaping and seeding. The CONSULTANT will present the results of the analysis in a Hydraulics/t-Iydrology~ Report, or applicable permit application report. ~GE{',IDA [TE~ SA No. 2 Grade Separation Final Design Scope (RWA Update 4-9-02).doc Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 6.14 Structural Analysis Architectural considerations for this project are assumed significant. Part of the PROJECT is proposed a significant investment in the bridge and wall aesthetics (Level 3). The level of effort should be consistent with that of a facility that is one of the "Gateways" to Naples. This means that the structure should be treated as a signature bridge facility for the community. The GSO has the following structural elements: · An overpass structure that elevates Golden Gate Parloa, ay over Airport-Pulling Road. The length of the overpass is approximately 515 ft. · A total of four (4) MSE retaining walls for the overpass approaches. The length of the retaining walls vary from 800 to 850 ft. The total length of the walls to be provided is approximately 3,400 ft. · Replacement of the existing double cell box culvert with a new four-cell box culvert under Airport-Pulling Road and the realignment of the canal. The length of the new culvert is approximately 300 ft. · The overpass structure will be a continuous steel box girder bridge according to Pal ~,,, ~,..-,~o, ~ Road Grade Separated the- ~ - ~ ~ ~ ,eco.,me,,,~at,on~ o, the Golden Gate Overpass Final Report (February 2002). · Miscellaneous drainage structure coordination and detailing for Airport-Pulling Road and Golden Gate Parkway. Additional Structural Considerations · The proposed design method is Load and Resistance Factor Design (LRFD). · The new interchange will have a relatively long center span (~eater than 250'1 requiring special consideration for construction and aesthetics. · Temporary construction and MOT impacts for bridge consn-uction. The CONSULTANT will prepare a Bridge Development Report (BDR) according to FDOT procedures. Aesthetics - The BDR will include a summary of aesthetic considerations for the structures and the site and an estimate of cost to implement the recommended aesthetic treatments. Any bridge design must integrate three basic elements; efficiency, economy and elegance. The design of attractive bridges does not happen by chance. Aesthetic guidelines can help to find a good shape or to check the shape of the bridge. Important aesthetic criteria are clear structural statements, good proportions, order, and compatibility with surroundings, coloring and simplicity. In evaluating the aesthetic attributes of the bridge design the impact on the surrounding environment should be considered. The Florida Department of Transportation has outlined Levels of Aesthetics in the Plans Preparation Manual Volume No. 1, Section 26.9.4. There are three levels (I, II, III), which describe the aesthetic attributes of the structure based upon the purpose and visual impacts. Level I corresponds to utilitarian type structures. Level II corresponds to some inte~ation of elements for efficiency and elegance. While Level III incorporates a Levdln~ucture\l!~% with decorative ornamentation and landscaping. [ MAY 1 tt 2002 SA No. 2 Grade Separation Final Design Scope (RWA Update 4-9-02).doc ¢~? k.-' .-~' Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier CounW Project Number 60027 April 2002 The proposed Aesthetic Level for Golden Gate Parkway Interchange is really about a Low Level III. The structure itself is Level II with some concrete embellishments on the parapets, lighting and painting. The pier elements will be flared with some architectural treatments. The MSE walls will incorporate some detailing such as coping, emblems and stone texturing using standardized prefabricated components. Landscaping, lighting and coloring will be addressed in the design. Construction and Maintenance Considerations - Up to three viable structure concepts will be evaluated for constructibility. One concept will be the steel box girder bridge that was included in the Golden Gate Parkway/Airport Road Grade Separated Overpass Final Report (February 2002). Items such as member sizes, handling, fabricating, and transporting members and maintenance of traffic, construction staging, equipment access, equipment requirements, etc. must be considered. Special evaluation will be made to insure against potential problems that may occur in obtaining permits and equipment to transport long and/or heavy members from point of manufacture to the project site. The intent here being that all special construction and maintenance requirements are identified and appropriately considered in any concepts recommended for design. Alternative Desic, ns - The use of alternative designs may result in more competitive bids and lower costs. Accordingly, the CONSULTANT will evaluate benefits from alternatives for particular structures being developed and provide a recommendation for or against preparing alternative designs. The alternative designs recommended x~511 be supported by the evaluations included in the BDR. Should the COU.'2<TY request ahernative design plans, this will be considered as Additional Services. Plans and Reports - The 30% Structures Plans will be submitted with the Bridge Development Report. The BDR will contain enough info,nv, at/on and drawings to depict the information needed to properly determine the type, size and location of the bridges. The Draft Geotechnical Report and the Draft Hvdratdic/Hvdrolo.fft' ]~eport will be included ~cith the submittal containing the BDR. After review and approval by the COL~'TY, Final Plans will be prepared for all structures associated with the interchange. 6.15 Construction Cost Estimates The CONSULTANrI' shall prepare a certified engineers' estimate of probable construction cost at 30%, 60%, 90%, and 100% Final Plan submittal. The CONSULTANT shall use the FDOT's Basis of Estimate Manual and applicable Collier County cost history. 6.16 Design, Construction Plans and Bidding Documents The above designs and plans shall be prepared in English measurement units and in accordance with the current standards adopted by the Florida Department of Transportation and Collier County. AGE~D& iTEM~- 1 2002 SA No. 2 Grade Separation Final Design Scope (RWA U~pdaIe 4-9-02).doc Schedule A Scope of Services SA. No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 6.17 Submittals - Plans will be prepared in an 11" x 17" format for review by agencies at the 30%, 60%, 90% and 100% phase and for the final bid package. Reports and other documents will be provided in an $-1/2" x 11" £ormat, with foldouts. The CONSULTANT shall provide the required documents listed in Tables 2 and 3 below. Draft Final "3~O~/o'Pla~s- ' 4 . __ . 60% Plans ...... 4 - 96% Plans 4 100% Plans Final Pla~s*~ ~pecial Specifications ........... 2 2 -Plans tO '~t-c~-0t~l'it~/'-~5~mer (assume seven companies)--30,60.90 and Final Geotechnicai' RepcJrt* ' - 5 - 2 B_ridge De2.?_10pme_nt.Report * 2 - Environmental Report 2 10 Noise Evaluation T~chhicaI 2 10 Memorandum . :~_sthetics Report .... -/ !0 Hydraulic, Hydrology Report* 2 Quantity_Computation Book* Design Computation Book* 2 Environmental Permit Package Survey Notes* Electronic Plans on CD ROM (in I Microstation) · Indicatesfinat doCuments to be signed and sealed. Note: The Draft Geotechnical Report and the Draft Hydraulic/Hydrology Report will be included with the submittal containing the Bridge Development Report. SA No. 2 Grade Separation Final Design Scope (RWA Update 4-9-02).doc Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 ............ Table 3_7- Summa£y 0f Pha_se~Su__b_mi_'_t.t_a_ls_ I_[e~ ................................ _3__0.?o~__60~(o 90% ! 00 % _K~ey__S_h_e_ ek ....................... P P C F _ Dr_a_m_age Map .............. p ........_P ..... C _ F _S~_ary o f?_ay_!t_e~ms ............ General Notes P C F ~__T_ypical Sectio_n~ ........... P_ Summary of Quantities ................ C_ F _Bo_x Culvert D_a~ ............. C F Summary of Drainage Structures Survey Control Sheet · Project Layout Roadway Plan-Profile _ Special Details Ramp Tenmnal Details Intersection Layout Detail _ Drainage Structures Drainage Details C F P C C F P C C F P P C F P C F P C F P P C F P C F P C F Retention, Detention Pond Plans:DtlsCross P C F Sections Cross Section Pattern Sheet P C F Roadway Sol! Survey ...... P C. . F Roadway C?oss Sections . . P P _ C . F Traffic Control Plans P P C F ~'tility Adjustment ............. p ..... _C._ F _Signing__a_n_d Pa-z-e_m_ent Marking Plans .......... P ...... _C._ _ !~ ._ S_ign_a~liz. ati_on P_lans ................. ? ...... C _ _ F _ Lighting Pl~_ns_ .......................... ~ .... _CC .... F_ ' Landscape/Imgatior~'Hardscape Plans . P C F Utility Joint Pamcipation Agreement Plans C F __(c_0ntingent) Structural Plans & Details (Bridge, Retaining P P C F SWPPP Plans P C F - ......................................................... ~ND_A ITEM Rk, ht-of-Way Plans C F F F i r,lo \ ~ 9piniongf_gost p. P . C F } MA'{ lq 2002 SA No. 2 Grade Separation Final Desi~ Scope tR\VA Update -1-9-02).doc Status Key: P - Preliminary C - Complete but subject to change Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 F - Final 6.18 Minimum Review Content Minimum plan review requirements for each design status activity inter,'al for the PROJECT shall comply with the requirements for the "FDOT Roadway Plans Preparations Manual." 6.19 Coordination Meetings The CONSULTANT shall attend a meeting scheduled by the COU.'N'TY to receive the official Notice-to-Proceed. The purpose of this meeting is: a) For the COU~'NTY to render all recent and relevant information in its possession. This may include traffic data, planning information, and available "as-built" ancb'or record construction plans. b) To establish a common understanding ur)on which the plans process will be developed. c) For the COU.'NTY to explain the financial administration of the Supplemental Ageement. -['he CONSULTANT shall keep the COU~'TY informed as to the stares of the project design through no less than monthly meetings. 6.20 Construction Bid Support The CONSULTANT shall assist the COU~'TY as follows: a. Provide interpretation and clarification of applicable Contract Documents dunng bidding; b. Coordinate bid process as applicable with Collier County Purchasing Depart, men: including advertisements, publications, Contract Document sales and receipt of bids; c. Attend pre-bid meeting with prospective bidders; d. Attend the bid opening and assist the COUNIY in evaluating bids; e. Assist the COUNTY in evaluating bidder's previous experience, if necessary; f. Prepare and issue addenda as appropriate to interpret, or clarify Contract Documents; g. Make a recommendation of contract award. SA No. 2 Grade Separation Final Design Sccrpe (RWA Update 4-9-02).doc AGENDA ~TEM_ HAT 1 20g2 Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 7.0 SCHEDULE Within ten (10) calendar days after the Notice To Proceed, the CONSULTANT will provide a project schedule showing the milestone dates and review period. A maximum two-week review (or 14 calendar days) period is anticipated by the COUNTY. If the COUNTY exceeds the two-week review period, the CONSULTANT shall be granted a time extension for completion of the PROJECT. A summary of anticipated milestone dates are as follows: Milestone No. of Days from NTP to Completion 30% Plans 120 60% 260 90% 400 10076 540 These milestone dates may be adjusted slightly to coincide with dates that are mutually a~eed upon by the CONSULTANT and COLL'NTY. 8.0 COMPENSATION Refer to the attached Basis of Compensation. 9.0 PLANS PREPARATION. ENDORSEMENT AND OVs.~;ERSHIP 9.1 9.2 9.3 The COU.'NTY reserces the right to reject plans prepared on material, which it deems ~mqatiqfactc,~, ~r in ,4 .; ,' ' ,~e¥,a:]on from standard requ,.rements liqt~,4 in tha FDOT ~'-,-- Preparation Manual. All plar~"profile sheets, except key sheets, shall have a standard title block across the entire bottom of the sheet All final plans, documents, reports, studies, and other data prepared by the CONSULTANT and/or its subconsultants will bear the signature and seal of the CONSULTANT'S record engineer or the applicable design engineer who shall be duly registered in the appropriate professional category. After the COUNTY'S acceptance of final plans and documents, the original set of drawings, will be provided to the COUNTY along with one record set of prints. The CONSULTANT shall signify, by affixing an endorsement (seal/signature, as appropriate) on the record set that the CONSULTANT produced the work shown on the endorsed sheets. SA No. 2 Grade Separation Final Desitin Scope (RWA Update 4-9-02).doc Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 10J} SERVICES DURING CONSTRUCTION The CONSULTANT may perform professional services during the construction phase for the PROJECT that will be negotiated as part of a future supplemental agreement. During the construction phase, the CONSULTANT shall provide complete Construction Engineering & Inspection (CEI) services, including surveying and materials testing. The CONSULTANT will work with the COUNTY'S Project Manager and any assigned COUNTY inspection staff to ensure that the Golden Gate Parkway Project and related improvements are constructed according to project specifications, will assist in preparation of progress payment quantities, and change orders, provide timely material testing services using properly trained/certified technicians and laboratory facilities, and maintain a complete log of all construction activities on the job site (e.g. proctors, density and other testing results, work crews, work tasks, weather conditions, work time, visitors, observed problems, etc.). Materials testing and services shall be performed in accordance with established professional standards for tests and services as identified in F.D.O.T. Standard Specifications for Road and Bridge Construction. 11.0 EXPERT WITNESS TESTIMONY The CONSULTANT shall serve as an expert wimess for the PROJECT in legal proceedings if required by the COUNTY. The fee(s) for these sen'ices shall be established, if and when said services are required. Additionally, the CONSULTANT shall provide/render professional opinions and assistance to the COUNIY during any public hearings and or public workshop sessions relating to the PROJECT, if such services are requested in x~Titing. The fee(s) for these services shall be established, if and when said services are required. 12.0 WORK TO BE DONE BY THE COUNTY 1. Obtain permission to enter private property for the field survey or geotechnical exploration as may be required. 2. Provide front-end documents for the contract package. 3. Pay for advertising of bid announcements, awards, and public meetings 4. Signal timing shall be the responsibility of the COUNTY. 5. Coordinate all project designs with those utility owners that may have direct or indirect interest in the project. 6. Pay the fees associated with permits. 13.0 ADDITIONAL SERVICES SA No. 2 Grade S~paration Final Design Scope tRW^ Update 4-9-02).doc The following Additional Services are not included in Basic Serxdces (Sections 1.0 through 9.0) and are at the COUNTY'S option. These services, if exercised by the COUNTY and agreed to by the CONSULTANT shall be paid for in addition to compensation for Basic Services. HAY 1 20O2 pg. - Schedule A Scope of Services SA No. 2 Golden Gate Parkway Collier County Project Number 60027 April 2002 The CONSULTANT is not authorized to proceed with performance of any Additional Ser~'ices unless the COU,"NTY duly authorizes them, in writing. Relevant examples include: 1. Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify accuracy of drawings or other information furnished by the COUNTY. 3. Air analysis. 4. Services required because of the COUNTY'S providing incomplete or incorrect Project information on which the CONSULTANT had previously relied. 5. Services requiring out-of-town travel by the CONSULTANT to third-parD' site other than visits to Project site or the COUNTY'S office. 6. Preparing for, coordinating with, participating in and responding to structured independent meetings including, but not limited to, Partnering Sessions, Project Peer Reviews, Value Engineering and Constructibility Reviews requested by the COUNTY or Ox3,'~ER: and performing or furnishing services required to revise Drawings, Specifications or Contract Documents as a result of such review processes. 7. Ser~'ices required to hold additional review meetings or provide additional copies of Contract Documents, over and above the number listed under the Basic Serx'ices (Sections 1.0 t~ough 9.0). 8. Preparing to ser~e or serving as a witness for the COUNTY in any litigation, arbitration, or other dispute resolution process related to Project. 9. Perform. provide, or furnish utility engineering, design and plan preparation services for private and public utilitT' facilities with the exception that CONSULTANT shall show all existing and planned utility facilities made knoxvn to the CONSULTANT by private and public utility owners on the Utility. Adjustment Plans. The CONSULTANT shall not be responsible for designing the relocations or any ne~v utilities. Perform subsurface utility excavation (potholing) except provide !and survey support as described in the survey services scope. 10. Preparation of Mitigation Plans. 11. Water quality and quantity facilities called for by the SFWMD, in addition to those anticipated in this scope of work, such as retention/detent/on basins, other than the existing or proposed roadside ditches. 12. Organize the call for bidders, including the advertisement to bidders, distribution of bidding documents to potential contractors, and conduct any required prebidding conferences. 13. Construction phase services. 14. Alternate design plans for the overpass br/dge structure (other than the steel box girder) or alternate design of the roadway vertical or horizontal alignment than that which was included in the Golden Gate Parkway/Airport Road Grade Separated Overpass Final Report (February 2002). 15. Services required as a result of CLIENT'S inability to obtain property and/or right-of-way. 16. Provide future connections to private property. SA No. 2 Grade Separation Final Design Scope (RWA Update 4-9-02 ).doc ~,G~NDA~ !TEM 2002 ! Pg , EXECUTIVE SUMMARY THE BOARD APPROVAL TO UTILIZE INSURANCE PROCEEDS AND APPROXIMATELY $8,064 FROM THE GENERAL REVENUE FUND TO PURCHASE A REPLACEMENT PARATRANSIT VEHICLE OBJECTIVE: To approve the purchase of a replacement paratransit vehicle utilizing insurance reimbursements from two vehicles that were lost in a collision and a fire in 1999 and 2001 respectively. CONSIDERATION: On November 23, 1999 a County-owned paratransit vehicle, one 1996 Ford Startran Supreme Bus (VIN# 1FDLE30F2SHC08606) was ruled a complete loss in a collision. Collier County received $25,000 in proceeds from the insurance settlement. On May 8, 2001 another County-owned paratransit vehicle, a 1997 Ford Startran Bus (VIN# 1FDLE40F6VHB88715) was lost in a fire. Collier County received $30,936 in proceeds from the insurance settlement. The Florida Department of Transportation (FDOT) in conjunction with the Federal Transit Administration (FTA) had provided the original funding for the purchase of the vehicles subsequently lost. (FDOT holds the liens on all vehicles purchased in this manner.) On June 26, 2001, the Board of County Commissioners approved the replacement of the two vehicles and county matching funds necessary for the replacement of both vehicles, estimated at $38,000. This amount was based on the costs of purchasing two modified 15-passenger vans. Staff is recommending the purchase of one (1) mid-size bus in lieu of the two vans, to be utilized in the Transportation Disadvantaged Program. The change significantly reduces the necessary county match to $ 8,064 and offers a more suitable vehicle to our riders. The current cost of one mid-sized paratransit vehicle, purchased through the Florida Vehicle Procurement Program (FVPP), is $64,000. Therefore, staff is requesting that the board approve the replacement vehicle cost of $64,000. Funding for the vehicle would be provided from the $55,936 total insurance settlements combined with $8,064 county matching funds from the General Revenue Fund. ($55,936 + $8,064 = $64,000) %~FISCAL IMPACT: The County matching funds in the amount of $16,500 is included in ' the FY 02 Budget. Only $8,064 of the $16,500 will be needed for the mid-sized paratransit replacement vehicle. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. AG~I~A ITEM MAY 1 4 2002 Pg. RECOMMENDATION:. That the Board approve the purchase of a replacement paratransit vehicle using proceeds from the insurance settlements and General Revenue Fund, and approve any budget amendments necessary to receive and use these funds. Prepared by: ..// .,d~ ¢..¢--"- Date: 4/30/02 ~M. Brown, Public ~spo~at~on Planner Reviewed by: '~°lfe' ning Director Approved by= / /~,,~','~;-)'~'z;.~-~- ...... ~ate: 4/30/02 Norm~ E. Feder, Transportation be~ices Administrator / / BOARD APPROVAL TO ENTER INTO A LEASE AGREEMENT WITH VOLUSIA COUNTY FOR THE USE OF 'rwo TROLLEY/BUSES IN THE AMOUNT OF $500.00 PER MONTH, PER BUS AND APPROVAL TO EXPEND $3,500.00 FOR THE UPGRADE OF THE AIR CONDITIONING SYSTEMS OF EACH BUS OBJECTIVE: To approve entering into a lease agreement with Volusia County for the use of two trolley/buses and approval to upgrade the air conditioning systems of each bus. CONSIDERATION: Currently the Collier Area Transit system is operating five routes utilizing all available buses. In the event of a scheduled maintenance service or if a bus is inoperable, staff replaces the bus with an administrative vehicle to ensure the continuation of service. Recently, staff was notified of two (2) trolley type buses in Volusia County available for lease (see attached photos). These vehicles could be leased for $500.00 per month, per vehicle and would require air conditioning upgrades in the amount of $3,500.00 per bus. The cost to purchase this type vehicle new would be approximately $200,000.00. ~/FISCAL IMPACT: The fiscal impact for a one-year lease would be in the amount of $19,000.00 ($500.00 per month X 12 months X 2 buses + $3,500.00 X 2 buses = $19,000.00). The funds needed for this lease are available in Transit Enhancement Fund No. 313. GROWTH MANAGEMENT IMPACT: Growth Management Plan. Consistent with Objectives 10 and 12 of the RECOMMENDATIONS: Approval to enter into a lease agreement with Volusia County for the use of two trolley/buses in the amount of $500,00 per month, per bus and approval to expend $7,000.00 for the upgrade of the air conditioning systems of each bus. Rolde:, M. Herrington,,__~MMPO Man,a~r~ Da~ R. Wolfe~ Tr~nspo~ar~ P~anning Director Approved by: / ~.~: '~ Date: Norm~ Feder, Transpo~ation Se~ices Administrator 5/1/02 AGENDA iTEM MAY 2002. pg. / FROM : Collier T~ansl~ M9mt. Inc. FAX NO. : 9415925763 Apr. 26 P2 ATI'~: l~ OUOTATION' O~.~o Tr~ & 'rnu~ .~C 1~, is psr, a.~ ~ ~ tl~ ~to,~i pro~ for:. AGENDA ITE~ No' .1~-~ ..~. MA~ ~007 P~._ ~ : Collier Transit Mgmt.[nc. FRX NO. : 94159257G~ Apr. 26 2092 07:47At'1 c~4,'.~ :4=, F' ~. ~ P2 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is made effective as of , by and between Volusia County, d/b/a VOTKAN. 950 Big T~ee Road, South Daytona, FL, 32119, hereby known as "VOTIO. N", and ColLier Count, hereby known as "The County" upon ~ following terms s,d conditions: 1. TIlE COUNTY, lu:r~b¥ takes and lease~ from VOTRAN, th~ buics li.~d in Schedule 'A" attached ~ hereto (thc "Buses'% for. a pvriod of 12 months with an option ofadditional months as agreed to by both parties. ALso, at the end of the lea~, ~he option to buy (the "Buses") at a price subsequeW~ly agreed to by both parties. lease is for a term of 12 months, commencing RENTAL I AYMENT$, THZ COUNTY, cx)vermnts ,_,-id agrees to pay rent for the buses to, in equal mov_thly payments of $500.00, per bus for (number of buses and description of buses), on the f~s! clay of each and every month during the term hereof, cOIIllilellt~illg THE COUNTY, shall not be entitled w an)' cr~di! or clcdu~ions from rental paymenls for non-operation of the bnses due to mechanical failure or any other cause whamoevcr. TIlE COUNTY, shall also pay any and ail sales 'me and exci~e ta.~s ~t ma), be imposed or levied as a result of this agreement or the payments made hereunder. o Title to the buses shall remain in VOTRAN au all times, and THE COUNTY, shall have no r¥~x, tide or interest therdn except the posses sory rights expre:ly $~t forth in this le. as~. THE COUNTY, agrees at ali limes to keep th~ buses free and el/mr of any and all claims, liens, and encumbrances, ~ shall, at their FROM : Col Iier Transit Mgmt. Inc. FtqX NO. : 941~;925763 Rpr. 26 2002 07:47RM P3 UCT,~qN cJ~475674_2"? P. 03/1~8 expense, protect and defend VOTRAN's title to the buse~ m'~d right of possession against all others. Thi~ lease is intended om~to be an asre~ment for rel~ta] of the buses and is not a~d shal! not be deemed a sale and seourit~ agreement~ co~titio~l_ sales contract, or other irmtrument of conveyance. THE COLINTY, shall imlemrdfy and hold hamfless VOTRAN and its agents, officers and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from The COUNTY's r~tsl and use of thc buses provided that the claim, dam~b:~e, loss ~ expense i.s caused in whole o~ in part by any negligent act or omi~iOI1 of THE COUNTY, 8rid subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of wbzther or not it i~ caused in part by a party indemnified hereunder, except THE COUNTY shall not havc to indenmlfy end hold harmless VOTRAN if such claim, damage, loss and expense is the result of the negligence of VOTR. AN or of anyone directly or indirectly employed by VOTRAN or anyone for whose acts VOTRAN may be liable. CAKE AND MAIN~NAN_CE OF BUSES. TH~ COLrNTY ~ their sole expenses, shall m~irrt~in buses in good repair, condition, _~-d -.vorklng order, and sh~l return r. hem to VOTRAN in the same conditions as when recciv~l from VOl'KAN. THE COUNTY shall not be responsible for normal wear s. nd tear or depreciation resulting from the authorized use thereof. The COUNTYshaU be respomible for all charges and costs incurred in connection with the use of the buses durirlg the term of k~is lease. Ifa rrlajor drive line component failure occms (being part of an engine, transmission, or drive axle) and is not the result of'an accident or abuse, the cost of these repairs will be divided by the percentage of mi}es since last overhaul of said components and as operated by VOTRAN and THE COUNTY, provided a verifiable estimate of repairs is given and is agreed to by VOTR..~NI. VOTRAN would also have the option of making the repairs, or providing the component if VOTRAN {>oats are leS,.S thall the estimate mc¢ivod fi'om THE COUNTY. TIlE COUNTY shall malco no addition, alterations, removal or attachr,~ent to the buses without the wrL'ten consent of VOTP, AN, except for the installation of tires, a farebox and a radio system. All ~Iditions, attachment, accessories mui Nc, ___._/_~ _O FROM : Co1ii~r Tnam$it Mgmt. Inc. FRX NO. : 94:[5925763 Rpr. 26 2882 87:48Rbl P4 ¸9, 10. rrpah-~ at ~ny lime made or plumed upon the buses shsll, at the expiration of the term of this lease, at VOTRAN's sole elation, b~come part of the buses and shall be Wopeny of VOTRAN without any obli fion to paymem therefore or VOTRAN may require II~ removal thereof at THE COUNTY exl~.mse. TIlE COUNTY shall perform usual and customary servicing of the' buses in ,, preventative nmint~ee ghedule of every 6,000 miles. ~ COUNTY sh~ll m~j~1~in ll:laint~r~nco records of inspections, corrective and preventative maintenance act-lens, which shall include the date, bus number, mileage, action requ~d and hxken, and parts THE COUNTY replaced, al~or repaired. These records are to be soul to VOTRAN on a monthly basis. TIRE R.ES?ONIgIBILrlX. THE COI~ slmll be responsible for the placmnent of fires on these buses durlng the r~rm of lease contract. V.O Tr 40 DOC . THE COUNTY shall submit to VOTRAN monthl~ maintenanc, e and audit reports reflecting actual miles operated, damage reports, tire mileage, fuel and oil usage reports, and preventnfive mairrtenance reports. OPERATION OF BUSES, ~ COLrNTY shall ~ssure each bu~ is opera~d only by a fully qualified, competent, licensed ~L4ver. THE COUNTY ~h.a_l! require each driver to have a good driving record and to operate will all due care and diligence to prevent logs and damage o~'any n~ture. ~ COUNTY shall l[mlt use of the leases buses to approved tm_n~it services and routes. DELIV~EK_Y OF BUSES. TI~ COUNTY sh~ll be :pons~le for all phases of the delivery/return of the buses under ~hi.~ agreement from/to VOTKAN, 950 Big Tree Road, South Daytona, FL 32119. THE COUNTY ~ indemni~' VOTRA.N as outlin_~l under Item 5 of fbi., agreement. 3 MAY I q 200? Pg.__.. 6, ...... FROM : Collier Transit Mgrnt. Inc. FRX NO. : 9415925763 Rpr, 25 2002 07:491qM P5 ] ]. rusk oF Ifa.ny or all of the buses shall be damaged or destroyed during the term of this lease, through no fault of VOTRAN~. THE COUNTY at their expense and at VOTRAN's option shall either (a) repair the bus~s, r~tuming each to its previous condition, or (b) replace each bus so chumged with a like bus acceptable to VOTRAN and in good condition and equivalent vahm, which shall become the property of VOTRAN or (c) pay VOTRAN the fair market value of the bus(es) as of the date of the loss. Upon payment under (c) above, this lease shall ~ermi-,~t- with resp~z~ m sugh paid for bus(es), and THE COUNTY shall take title hereto. 12. In case THE COUNtrY shall fsii to repair, replace or pay for the buses, VOTRAN may repair or repla~ ,ach bus so damaged at TH~ COUNTY expense ~ VOTRAN may charge ail amotm13 incurred by VOTRAN as addidonaI rental which shall be immedia~ payable by THE COUNTY to VOTRAN. After complian~ with the foregoing to VOTRAN's satisfaction, and provided that TIlE COUNTY is not in default under this lease, THE COUNTY shall be submgated to VOTIL4_N's fights with respect to any insurance policies or cla2ms or reimbursement by others. INSURANCE. T~ COUNTY shall, at their ow~ expense, insure the buses al alt times agakl$~ loss by fire, theft, vandalism, collision, malicious mi~hief; liability insurance and extended cow-rage insurance, and such policies shall name VOTRAN as an insured party and all proceeds shall be payable to VOTRAN although THE COUNTY shall not provide insurance against VOTRAN's sole negligence, THE COUNTY, at its own expense, shall insure buses (and all operations conducted thereon) at all times against loss from cla_'_m~n under Worker's Compensation Act, and all a.'ts or laws fi.om claims for personal injury, and O~magcs to property of others as long as ~e claims are not due to VOTRAN's sole negligence. Sugh policies of insurance or letter of evidence of its self insurance shall be satisfactory to VOTRAN as to form, amount, and insurer, and shall provide for at least ten (10) days prior writXen notice to VOTRAN of can¢¢Llagiort. 4 FROM : Collimr Transit Mgmt. Inc. FAX NO. : 9~15925?6~ Apm. ~ 2002 07:~9AM P6 13. THE COUNTY sh~U ~hthe policies or coplesther~ofm VOTE. AN as proof of such insurance wlth~ ten (10) days ~u~r execution ofthis lease. The buses shs!l be insured for the stated ~.~alue of each. VOTKAN may act as uttomey-in-~'t for THE COUNTY in making~ adjusfin~ or settling suy claims under any insurance policies Jns~ the buses ~ negotiatin~ any psymem drafts from insurers. VOTI~ and THE COUNTY, e~ch beh~ a government emi~ by StYe Ckirtcr, each claims ~,~ir~t O~l parties the protection of sovereign immunity, as set forth by Florid~ Statute 758.28. ASSIGNMENT, THE COUNTY shall not assign or transfer this leese or any interest therein or sublease all or any of the buses or perm~ the buses to be used by anyone other than THE COUNTY or the employees m~d ~q~ents o~ COUNTY w~thom the prior wri'tten consent ofVOTRAN. If(a) THE COUNTY skill f~ to make any rem ar oti~r payment hereunder when due or Co) TttE COUNTY shall fail to perform any obligation or covenant h~rein not involving the payment of money and such default continues for ten (10) days after w~t~cn not~c¢ ~£to TI-IE COUNTY by VOTRAN, such event sb~1! constitute default and event of default hereunder, and to the extent permiUed by applicable law', VOTRAN shall have the right to exercise any one or mom of the remedies provided hereafter. In the event of any def. a~, VOTRAN at its option, may at any time thereafter sue THE COUNTY at law or in equity to enforce performance of this lease to recover danmges for breach thereofi and to recover possession ofthe buses, or by notice in writing m ~ COUNTY. ~ the event of The COUNTY's default, VOTR-&N m~y teminate this lease or declare d~ entire amount of lira unpaid ront for the balance of the term of this lease immediately due and payable. Upon prior notice and demand by VOTRAN, THE COITNTY shall ~turn the buses to VOTRAN as provided therein, and VOTRAN shall be entitled to erder the prem~es where the buses MAY I~ 2002 %._ ,~ FROM : ColliEr Transit Mgrn~. Inc, AP~-26-28~. ~._:I: ii FAX NO. : 941592576~ Apr. 26 2002 07:50AM P7 may be found and mice possession of and remove the buses ii'THE COUNTY refuseg t~ ret~'n ~h¢ buses within a reasonable time. I~e event of any defaul! under ~hi.~ lease, THE COUNTY shall be liable for and shall pay VOTRAN all reasonable costs and expenses inc~ by VOTRAN in connection with thc enforcement of any of VOTRAN remedies htcl,,rlinS bul not ].ira_ ~ to, all expenses of any repossession, storing, and repairing ~he buses and all VOTRAN ~penses, ;os'~, and attorr~y's frs in connecttol~ within wh~her such fees are inc. an~ out of court, in the trial courg. on appeal or in baakrut~y or administrative I~'Oceedings. 16. DISC. LAIMER OF WARRANTIES. -17. TH~ COUNTY acknowledges that THE COUN'IW personn~I has inspected each of the buses subject to fftis agreement and that ii accepts all ofth~ buses in their present condition, "as is". VOTRAN SPECI~CALLY DISCLAIMS ALL. IMPIZED OR EXPRESS WARRANTIES OF MERCHANTABLLITY OR FTINESS FOR A PARTICULAR PURPOSE as well as any warranty with respect to the design or condition of the buses, r~ quslity or capacity of the buses with the requiremcm of any law, role, specification or conWam pertain_ ~ thereto, patent ~ent, or latent de£ects. TIME O1" ESSENCE. Time of essence of kkis lease in each amd all of its provisiom. 18. E~ EQUIP~. Thc VOTRAN agrees to supply one (1) spar~ '.'heel for each bus that is leased to THE COUNTY during the life of this Ieee agreement. In addition, VOTR. A~ _shall provide one (1) copy of the parts and service manuals to THE COUNTY during the lff~ ofthis lease agreemem, Both the spare wheels and the manuals sh~l! be returned to VOTRAN at lh~ end of the lease agreement. 6 AGENDA t'TEMc HAY ~ 200? FROf'! : Collier" Transi~ Mgm1:. Inc. FAX NO. : 94~.5925763 ¢¢=-2g-20~ Gg: 'ti ~OT~'~ Apr-. 26 20~2 07:50¢¢d P8 19. This lease comprises the complete agreement between the parties, and the pro,dsiona hereto shall govern the rights and obligat[o~ of VOTRAN and THE COtJINrYY except as specifically modified in writing. If ~ provision herehl sba!! be hcId to invalid, it sh~l be oomider~ dclcted from ~ I~.se, and shall no~ invalidate ~hc ~err~ini~ pro~isions of ~his lease, l~ach of ga¢ covenant~ linder tltis lease shall be independent coverraw~. VOTRAN shall not be liable under any ckoim.siances for loss of THE COUNTY pro,ts, loss ofdzir en~loye~s, or indcpc'ndeni contractors dine, Ioss of businoss or any otl~r damages, direct or ir~__._~r~t, special, incidental, cons~uential or otl~rwi~ caased by or r~ulgiag dir~tly or indire~ztly from use of the buses by THE COUNTY. LF~ASE AGREEMENT EXI~CUTION This lease sets forth all thc agreements, terms, and conditions, and tmdersUmdin~, between VOTRAN and THE COUNTY and there are no agreements, c~toms, usages, terms, conditions, or ~mdcrstandin~ either oral or written, expressed or implied, between VOTRA~ and TH]~ COUI¢I~, as Lessor and Lessee, other than that arc hc-r~in s~t f~rth. IN WITNESS WI~.RFX)F, V~ AND TH]~ COUNTY have each duly executed ,h;_~ lease on this . .. day of _ ,2002. Date Dat~ 7 AGENDA Il' EM N .O~:r_.¢,_. p. ee /¢ ~ MAY i~ 200;: P&._ Jo EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $6,008,521.88 TO BONNESS. INC. AND ALLOCATE $600,000.00 (10% OF THE CONSTRUCTION COST) FOR CONTINGENCY PURPOSES TO CONSTRUCT THE PROPOSED LIVINGSTON ROAD PHASE IV PROJECT, FROM IMMOKALEE ROAD TO LEE COUNTY LINE, PROJECT NO. 65041. OBJECTIVE: To receive Board approval to award a contract to proceed with the construction of Livingston Road Phase IV project for $6,008,521.88 as per certified plans to the lowest bidder. Bonness, Inc., and allocate $600,000.00 (10% of the construction cost) for contingency purposes. CONSIDERATION:. Six (6) Bids were received on April 19, 2002 from Bonness, Inc., APAC- Florida, Inc., Better Roads, Inc.. David Barton Land Development, Inc., Ajax Paving Industries. Inc. and Westwind Contracting. Inc. for the construction of Livingston Road Phase IV, from lmmokalee Road to Lee Count>.' Line. The lowest bid was from Bonness, inc., at $6,008,521.88. which was well below he engineer's estimate. This contractor has demonstrated satisfactoD' performance on other projects in the past. The construction duration for this project is 480 calendar days. The 10% contingency funds will allow staff to proceed with unforeseen conditions, scope additions and modifications, or any other unanticipated necessary task in a timely and efficienl manner. FISCAL IMPACT; Funds in the amount of $6.198.466.89 are available in the Transportation Supported Gas Tax Fund to pay for the road portion and $226.508.67 is available from CounD Sewer Capital Projects Fund. Source of Funds are Gas Taxes and User Fees. There are currently insufficient funds available in Fund 412 Water User Fees for the water component of the contract. Loan proceeds from a proposed commercial loan program are anticipated to be available for funds in the amount of $18.,.546.3 required for the water utilitx portion of the recommended improvements. The County Finance Committee. including staff from the Finance Department of the Count>- Clerk's Office, the Public Utilities Division, and the Office of Management and Budgets, has applied and received conunitment, under the Florida Local Government Finance Commission Pooled Commercial Paper Loan Program - Collier County Water-Sewer District, for a commercial loan agreement in the amount of $70 million. A recommendation for the Board to approve the loan agreement is forthcoming. GROWTH MANAGEMENT IMPACT.:. This Capital Improvement Element (CIE # 65041) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award a contract to Bonness. Inc., for the construction of the proposed Livingston Road Phase IV project, Bid No.02-3364 and approve any necessary budget amendments. AGENDA JTEI~ MAw ! 2002 SUBMITTED ·, /Lyr~n ~ Thorpe, P.E., Pnn 'pal prOject Manager ~ ~ ~'. Thorpe, P.E., Principal Project Manager APPROVED BY: - ' - - Roy Anderson, P.E., Director, P.U.E.D. APPROVED BY:,'* ," · ~} C'] , : L Steve Ca~ll, Dir~tor Purchasin~/Gener~ ~e~'ices No~eder, ~d~nis~amr / Transpo~ation Division DATE: DATE: DATE: AGENDA. AGENDA Io,o o,olo,ololgt~ ol=,olg,~,o~o olo,o,o,o,o ........ o g,g g,o:~g o ...... lo g,glol .... gig ooo ............ I ...... ~ ...... ~,g,o,g:g ............... AGENQA Y~:--tw 2002 { ._-_- AGENDA MAY I q 2002 ;..:- !i ,I. II I i~ i AGENt:)A ,12'E_I~ , ~c. l(.,. r-fi, '~" ~ , ~ ~i: fdA'r 1 ~ 2002 EXECUTIVE SUMMARY APPROVAL OF A THREE MONTH CONTRACT EXTENSION WITH ATCflNTELITRAN FOR THE PROVISION OF TRANSPORTATION DISADVANTAGED MANAGEMENT SERVICES AND APPROVAL OF A BUDGET AMENDMENT ADDING APPROXIMATELY $300,000 TO THE CURRENT PURCHASE ORDER. OBJECTIVE: Approval of a contract extension with ATC/Intelitran as the management entity for the provision of Transportation Disadvantaged services and the approval of the necessary budget amendments. CONSIDERATIONS: On June 22, 1999 the Board of County Commissioners agreed to a continuation of a temporary contract with ATC/Intelitran as a management entity for the Transportation Disadvantaged program in Collier County. The purpose of the contract is to provide community transportation services in accordance with Commission for the Transportation Disadvantaged, the State Statutes and regulations applicable to Medicaid transportation services delivered in the State of Florida, and such other transportation services as directed. This three (3) year agreement is due to expire on June 30. 2002. Staff is currently in the Request For Proposals (RFP~ process. An extension of thc contract with ATC/tntelitran will allow for the completion of this proce,ss in a timelx manner. ~FISCAL IMPACT: The BCC reimburses ATC/Intelitran with funds received fi'om thc Florida Cornmission for the Transportation Disadvantaged, Florida Department of Transportation. Federal Transit Administration and Count>, funds previously approved in the Public Transportation Development Plan (PTDP) in the amount of S717.600 for FY02. Extending the contract with ATC/Intelitran will necessitate a budget amendment for approximately $100.000 a month for three months to keep the Purchase Order open. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. AGEND/~ ',TEM Nc. MAY Pg._.. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve a three month contract extension with ATC/Intelitran as the Management Entitx for the Community Transportation Coordinator and the necessary budget amendments regarding the contract extension. Prepared by: Re'de,wed by: Robert Herringt6n. MPO Manager' -: Dawn~. Wolfe. Tr~sportation ~nning Director Approved by: Norman Feder. Transportation Services Administrator Date: 5/1/2002 Date :5/1/2002 Date :5/112002 AGEND ~, iTEM """ 1(.. ~ P~._ 2..- EXECUTIVE SUMMARY APPROVAL OF TWO (2) ROAD IMPACT FEE REFUND REQUESTS TOTALING $33,931.51 OBJECTIVE: To obtain Board of County Commissioners approval of two (2) Road Impact Fee refund requests totaling $33,931.51. CONSIDERATIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee refunds for other than routine circumstances will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff is presently preparing an ordinance to amend Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, which is also Chapter 74 of the Collier County Code of Laws and Ordinances Among the various updates to administrative provisions re~,arding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee refunds. Many impact fee refunds are unavoidable during the course of a fiscal year. For exan~ple, oftentimes a builder is not able to complete a construction project subsequent to the issuance of a building permit and requests that the permit be cancelled. Such cancellations are often due to financing problems or other fiscal difficulties. These situations and the resulting impact fee refund requests would be considered routine. However. other situations, such as those described below, are not so clear-cut, thus. staff has determined that Board action is merited to ensure that such refunds are lawfullx remitted. De Anlgelis Diamond Construction~ Inc. ($29~533.12} - On September 21, 2001, the City of Naples issued a building permit to De Angelis Diamond Construction, Inc. (the Builder) for the construction of an office building called City Center Plaza The Builder paid Road Impact Fees in the amount of $139,597.48. After the permit was issued, the Builder contacted the County's Impact Fee Administration Office inquiring as to whether credit for the prior land use' should have been factored into the impact fees assessed for the development. At that point, the Builder disclosed that an office building, daycare facility and service station had been demolished to make way for the new construction. County staff determined that Road Impact Fees should have been correctly assessed (consi~lering the credit for the prior use of the land) at $110,064.36, a difference of $29,533.12. MAY 1 q 20a2 Road Impact Fee Refunds Pagc 2 These Road Impact Fees were collected in FY 01. Pursuant to the interlocal agreement between the County and the City of Naples, the City remits all impact fees collected, less the first $200,000, to the County at the end of the fiscal year, thus, the County would be responsible for any refunds. The refund will be transacted as a debit entry against current year revenues, which will be received from the City of Naples on September 30, 2002. Approximately $40,000 has been collected to date above the amount retained by the Cit.,,'. Janci Prabakaran for Florida Endoscop~' Clinic {$4~398.39) - Impact Fees were incorrectly calculated for a change of use from Office to Medical Office. Q 'ISCAL IMPACT: The recommended Road Impact Fee refunds will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road Impact Fee District Three (City of Naples) - Road Impact Fee District Six (Golden Gate Estates) - Total: S29,533.12 $ 4.398.39 $33,931.51 These refunds will not adversely affect capital project funding GROWTH MANAGEMENT IMPACT: Remittance of the requested Road Impact Fee refunds will not adversely affect transportation capital project funding RECOMMENDATION: That the Board of County Commissioners approved the requested Road lmpact Fee refund requests, totaling S33.931.51' and that the Board approve any related budget amendments that max' be required SUBMITTED APPROVED BY: P'hillip R..Tinda'll, Impact Fee COordinator ~ //~?,~?/~_ ¢~-__, "~' Date: Norm~/n E. Feder, AiCP, Administrator TranitSortation Services Division 2002 EXECUTIVE SUMMARY ADOPT A RESOLUTION AND APPROVE A DECLARATION OF EASEMENT FOR TWO WATER WELL HOUSE SITES AND A PIPELINE TO BE LOCATED WITHIN A PORTION OF PROPERTY ACQUIRED FOR A FUTURE PARK SITE, NOT TO EXCEED $22,924.00. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board), adopt, approve and authorize its Chairman to sign the attached Resolution and Declaration of Easement to provide for the increased demand for potable water in the area. CONSIDERATIONS: Collier County recently acquired 128.9 acres of land located on the north side of the future extension of Vanderbilt Beach Road at the north terminus of 9'', 11'~ and 13t~ Streets N.W. for a future park and recreational facility. Accordingly, Public Utilities would like to place two well houses and a pipeline along the easterly boundary of the property at the locations shown and described on Exhibit "A" of the Resolution and Declaration of Easement attached hereto. Each well house will require a 40- foot x 80-foot permanent easement and a 100-foot x 100-foot area on a temporary basis for construction. The pipeline easement area will be 25-feet wide and run approximately 2,047 feet in length. This request is in addition to the three well house sites previously approved by the Board of County Commissioners on January 22, 2002, Item 16C2. In order to create easements in the name of Collier County for the well houses and pipeline. it will be necessary for the Board to approve the attached Resolution and Declaration of Easement and authorize the Chairman to execute both on behalf of the Board. FISCAL IMPACT: The cost to record the Declaration of Easement should not exceed $24.00. The Utilities Department willl reimburse the Parks & Recreation Department the sum of $27,000. This figure represents the value for the area utilized for these two well house sites and pipeline and the three well house sites previously approved by the Board of County Commissioners on January 22, 2002, Item 16C2. The cost for recording and reimbursement shall be paid from the Water Impact Fee Fund (41i). The reimbursement funds shall be deposited into the Parks & Recreation Unincorporated Communzty and Hegzona± ParK ±mpac~ Fee (~und 34~). GROWTH MANAGEMENT IMPACT: This transaction meets with the County's Growth Management Plan. NO. _, ~ ~ Hfl¥ 1 2002 PG. EXECUTIVE SUMMARY Declaration of Easement Page 2 RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the attached Resolution, approve the attached Declaration of Easement and authorize the Chairman to execute both on behalf of the Board; and 2. Authorize staff to record the Declaration of Easement in the Public Records of Collier County, Florida. 3. Authorize the reimbursement from Utilities Department to Parks & Recreation Department in the amount of $27,000 SUBMITTED BY: REVIEWED BY: Toni A. Mott, Property Acquisition Supervisor Property Acquisition & Construction Management Fa~,ilities Management Department ~,~ ¢.\.,_ ,.~!~.;. % ,, ~, ¥~.~_ ~' % DAT E: Charles E. Carrington, ~r., 'SR~A, Manager Prope~y Acquisition & Construction Management Facilities Management Depa~ment REVIEWED BY: Skip Camp, Director Facilities Management Department DATE: REVIEWED BY: REVIEWED BY: APPROVED BY: ....jfm McGee, Senior Project Manager Public Utilities Engineering Department ICvl&~'la R~a~msey, Dire'c4.or / Parks & Recreation Dep~rtment Thomas A. Wides, Acting Administrator Public Utilities Division DATE: DATE: DATE: 5 6 '7 8 9 10 11 12 RESOLUTION NO. 2002- ~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTitORIZING THE DECLARATION OF A UTILITY EASEMENT. WHEREAS, Collier County is desirous of encumbering property cunentlx 13 ov,'ned by the Count.,.' x*.ith a utility easement described in Exhibit "A", attached hereto 14 and made a pan hereof. 15 WItEREAS, the described easement is a necessar3 element required for 16 installation and maintenance of utility infrastructure for v,'ell-sites and pipelines leading 1? t<~ and serviced bx ibc North Counl.', Regional \\ atcr Treatmcnl Plant 18 WtlEREAS, the easement ,a ill allow Collier Count.',' to proceed with expansion 19 of the necessar} well-s~tes in a timel? fashion. 2(t NO\V, TItEREFORF~, BE IT RES()Ifi~'EI) BY Till:; BOARI) OF COUNTY '21 COMMISSIONERS OF COLLIEP, COUNTY, FLORll)A, thW,: 22 1. The Board of Count5 Commissioners of Collier Count.,,'. Florida, hereby approxes the Declaratmn of Easement described in Exhibit "A". 24 2 I-his Resolution shall take ellect immediate}5 upon adolmo~. 25 ADOPTED lin> ~ dax tq 20q2 alter UI()IIOIq. second and 26 ma. ioril} vote faxoring adoption 27 28 30 31 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONEP, S COLLIER COUNTY, FLORIDA Deputy' Clerk JAMES N. COLETTA, CHAIRMAN Approved as to form and leg~: sufficiency: Ellen T. Chadwell Assistant County Attorney AC--)L NO a IT[~ MAY 1 4 2DD2 BY: ANDREw B. BECK, PSM 6065 CERTIFICATE OF AUTHORIZATION // LB-43 Not valid without the signature and the original rcised seal of 0 Florida licensed Surveyor and Mopper. C.: ~OOK 285~, ~ZE ZZ~2 .sr mo r. oo. oo' ~ POINT OF BEOINNtN~ (E' 1/ * WELL HOUSE EASEMENT¢ , 1 POINT OF BEGINNING OF PROPOSED 100'X100' TEMPORARY CONSTRUCTION EASEMENT GRAPHIC SCALE 15 5 33 4 J 120 POINT OF COMMENCEMENT SOUTHEAST CORNER LEOENfl: OF SECTION 32 O.R = OFFICIAL RECORD NCRWTP = NORTH COLLIER REOIONAL WAFER TREATMENT PLANT C.U.E. = COUNTY UTILITY EASDZENT ~7~=PARCELSDESCRIBED TOWNSHIP 48 S. TOWNSHIP 49 S. NCRWTP WELL NUMBS-~ IE EXHIBI'F q DESCRIPTION OF PART OF SECTION ,]2, I'OWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNT~. FL OR/DA. (PROPOSED IO0'XIO0' rDZPORARY CONSrRUCDO/; E.4SEIWEN?.) COIZtZENCING AT THE SOUTHEAST CORNE~ OF SECTION .~2, I'OWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUN~ FLORIfl4; THENCE ALONG THE EAST LINE OF -~D SECTION 32 NORD-/ 02'1`]'5]~ IYEST 947.51 FEET, THENCE SOUTH 87"46'07, ICEST 25.00 FEE7 TO rYE POINT OF BEGINNING (A) OF THE EASEME,¥F DESCRIBED,. THENCE CONTINUING ALONO SAID LINE SOUTw 8746'07' iEEST I00.00 FEET; THENCE NORTH 02'1.~'53' ICEST I000.00 FEE[' THENCE NOPTH 8~46'07, EAST lO0. OC [HENCE SOUTH 02'13'5,~ EAST lO0. OO FEE? FO Tr, E POINT OF BEOINNING OF THE EASEMENT HERE.', DESCRIBED. EASEMENT CONT,~NS }0,000 SOUAPE FEET. WORE 0 LESS SUBJECT rC FASDz£~rS, RESEP¢AT/ONS RESTR/C,TtONS OF RECOPD DESCRIPTION Of PA~? OF SECTIOz; 48 SOUTH, RANGE 27 FAST, COLLtE.R FL {PROPOSE~ 4C'XBC' WELL HOUSE CO~MENC!NC Ar THE SOUTH. S[ CORN~ SECDO~ ]2, ~OWNSH/~ 48 SOUT~ COLLIER COUNt, ~ORI~,, THENCE ~ONC THE ~ LINE OF ~'D SECT/GA NORTH 0~'~ ~S~ 94Z5~ FE~: THENCE SOUTH 8~46'0~ ~ESZ 2~.00 ,~, [HENCE NORTH 02'tJ'8~ POINT OF BEGINNING (B) DESCRIBED; THENCE SOUTH 8~46'07, THENCE NORTH 02"13'5.~ THENCE NORTH WEST tO. O0 FE? OF TH[ EASEIXENT HERE, 4 WEST 40.00 FEET, ·EST 80.00 ~T 40.00 FEET, THENCE SOUTH 02'13'5.~ EAST 80.00 FEET TO THE POINT OF BEGINNING OF THE EASEI~ENT HERE,,', DESCRIBED. EASEI~IENT CONTNNS .T. 200 SQUARE FEET I~!ORE O? LESS. SUBJECT 1'0 FASEI~ENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. ,,, NOr A SURVEY wIIS O lMiller I o, ,, , ,, ~ I TOWNSHIP 48 SOUTH ~NGE J7 ~? ,, '~["1 J ~'~'~'~'~~'~~ J COLLIER COUN~ FLORI~. .:. lt¢g~ J ~ ~. I ~ ~ ' 1 ..... l ~.~.~'.~r~ I~ J c~c: .c I s.[~.u~V jj,~mnq I ~~'~~'~ ~'~.~ ~ J 4/2~/02 J N8232-OO2-OO2-GCO00 ~ Jl ? ~' ~1 ~LZ~ J ANDREW B. BECK, PSM 6065 ! DATE CERTIFICATE OF AUTHORIZATION ~ LB-45 Not voEd without the Signature oho the origmo; raised seal of o Florida licensed Surveyor and Mopoe'. OF SECTION 32 COM/CtSSIONEPS, CCLL,'E~ BOOK 286E, PA,S[ 5Z£Z POINT OF' BEGINNING (m!~, OF PROPOSED 40'X8C' WELL HOUSE EASEMENT POINT OF BEGINNING OF PROPOSED lO0'XlOC' TEMPORARY CONSTRUCTION EASEMENT ] 15 ~0 60 GRAPHIC SCALE POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION ,32 LEGEND: O.R. - OFFIC~4I RECORD NCR~ ~ NORTH COLLIER REClONAL WA[ER TREAT~EN[ PLANT 7~ TOWNSHIP 48 S. 4 TOWNSHIP 49 S. NCR~?P WELL NU~BE,~ l Z EXM T DESCRIPTION OF PART OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUN,W, FLORIDA, (PROPOSED IO0'XIO0' TEMPORARY CONSTRUCDON EA~EMENT~ COMMENCING AT THE SOUTHEAST CORNER OF SECTION 32, TO~CSHIP 48 SOUTH. RANGE 27 EAST, COLLIER COUNrlq, FLORIDA THENCE ALONG THE EAST LINE OF SAID SECTION NORTH 02'I~'5J* WEST 1947.5I FEET, THENCE SOUTH 87.46'07. I~FEST 25.00 FEET TO TH[ POINT OF BEGINNINO (A) OF THE EASEMENT HERE/N DESCRIBED; THENCE CONTINUING ALONG SAID L/NE SOUTh 87'46'07' ~YEST ~00.00 FEET; THENCE NORTH 02'13'55~ ICEST 1000,00 FEET; THENCE NORTH 8746'0~ EAST ~00.00 THENCE SOUTH 02'13'5~' FAST lO0. OC FEET TO TI.'{ POINT OF BEOINNING OF THE EASEMEN~ HEREW DESCRIBED EASEMEN~ CONr~JNS I0,000 SOUARE FEET I~ORE LESS SUBJE~T TO EASEtXENTS, RESERVATIONS RESTR,'CTIONS O? RECO£O EST~?£Z u',' DESCRIPTION OF PART OF SECr/O,~,' ~2, TOWNSH,''~ ~8 SOUTH, RANGE 27 EAST, COLLER COUNT¢, FL OR,'D~. (PROPOSED 40'XgO' ~LL HOUSE COMMENC/NC AT THE SOUTH~S~ CORNER O SE~DON ~2, TOWNSHIP 48 SOUTH, ~NCE 27 COLL/ER COUN~ FLOR/~, THENCE ALOHC THE ~[ LINE OF ~S SECDO~ NORTH 0~'5~ ~Sr ~947.5~ FEET, THENCE SOUTH 8746'0~ ~EST 25,~ FEE~ THENCE NORTH 02'I3'5~ POINT OF BEGINNING DESCRIBED: THENCE SOUTH 87'46'07' THENCE NORTH OZ'l~'5J~ THENCE NORTH $7'46'07' THENCE SOUTH POINT OF BEGINNIN¢ OF DESCRIBED. I~EST I0.00 FEEt TO OF THE EASEWENT HERE~, ·EST 40.00 FEET, IfEST 80.00 FEET; EAST 40.00 FEET, EAST 80.00 FEET TO rile EASEWENT HERE/A EASEWENT CONT~NS $.200 SOUARE FEET WORE OP LESS. SUBJECT TO EASEIWENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. NOT A SURVEY ,,, SKETCH AND DESCRIPTIONS OF PART Z)F RFCTION TOWNSHIP 48 SOUTH RANGE ~7 E.4SZ~ IT£~. ~ : .~ 4/25/02 N8232-O02-O02-CCO00 ~ EXHIBIT 25 00' ~ PROPOSED : BY :/~ --}::::-- : ~OREW B. BECK. / ~ CErTIfICATE OF AUTHORIZATION ~ LB-43 fi' :: NOt vohd w~ihouf the signature and the original raised seat ~ of o F/on'do licensed Su~eyor ond Mopper. PROPOSED ~LL ~1 7 ,, DESCRIPTION OF PART OF SECTION J2. TOWNSHIP 48 SOUTH RANCE 27 " EASL COLLfEP COUN~ FLOR/DA. ~ (PROPOSED 25' CUE.) ~ BEGINNING AT THF SOU[H~SF CORNER OF SECtiON J2, TOWNSH/P 48 SOUTH RANGE 27 EAST. COLLIER COUN~ FLOR;DA ........ ~.,~ : .... ~ . ~ ~ WEST 2500 FEE~ Z,2:',~L r; nz 'z ~ ~ THENCE LEAPN5 54/0 LiNE NORTH 02'lJ'SJ" WEST 2047.60 FEET E:~L,~ 2~: S~ZE ZZ:: ~ ~ [ THENCE NORT~ 874~'07' EAST 25.00 FEET TO A POINT ON THE EAST LtA'E ~ ~ THENCE SOVI~02' .,, _~'r¢~*" EAST 2047 7q_ FEET 10 THE PO,'N~ OF BEGINNIN6 ~ ~ ': OF THE EASEUENT ~ERE/t, DESCR/PE~ ~ ~n SUBJECT TO EASEA~Er,.7S. RESERVATIONS AND RESTRiCTIOp,'S OF RECOR[ .. P~OPOSED " PROPOSED 25' C.U.E ~ : GRAPHIC SCALE POINI OF ~EGINNIN0 SOUTHEAST CORNER ~ / " OF SECTION 22 25' CuE ~ ~ : " 8~' DRAm.~E EAEEUE',Ti ~ ~ At,'Z SKEFCH ~D DESCR~PDONS OF PART OF SECTION ~2, TOWNSHIP ~'~'~'~' ~ ~ ' ~~ COLLIER COUN~, FLORID~ AC~ I~D,~ ]T£M MAY I PROJECT: NCRWTP PARCEL: 916W & 917W Prepared Ellen T. Chadwell, Office of !ne Countl 3301 East Naples, F]orida 34]12 (9~1) ?74-8400 DEOLARATION OF EASEMENT THIS DECLARATION is made this __ day of 2002, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as 'Declarant." Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the "Property." See attached Exhibit "A" which is incorporated herein by reference. Declarant hereby declares that the Property is and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to a non-exclusive easement and privilege to enter upon. construct and maintain utility facilities on the Property as contained in this Declaration. hereinafter referred to as the "Easement." The Easement. as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF. Declarant has caused these presents to be executed the date and year first above writter'. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA , Deputy Clerk JAMES N. COLETTA, Chairman Approved as to form and I~a/~u~iciency: Ellen T. Chadwell Assistant County Attorney Not valid without the_ signature and the original raised seal of o Ftorido licensed Su~eyor EAST 1/4 CORNER OF SECTION 52 BOARD OF COUP': + N. BT46'O7~E. 100.00' ~ '%~ '..% ~,. s POINT OF BEGINNING (~; OF PROPOSED 40'XBOI WELL HOUSE EASEMENT POINT OF BEGINNING IA) OF PROPOSED 100'X100' TEMPORARY CONSTRUCTION EASEMENT 0 15 50 ~O 120 GRAPHIC SCALE POINT OF COMMENCEMENT SOUTHEAST CORNER LEGEND: OF SECTION 32 O.R. ,, OFRCZ4L RECORD NCR1/CI'P = NORTH COLLIER REGIONAL WATER ~REAT~ENT PLANT C. UE. = COUNTY UTILITY EASEMENT r~2'~-----'~=pARCELSDESCRiBED WiispnMiiler 5 TOWNSHIP 48 S. 4 TOWNSHIP 49 S. E- ------ NCRWTP WELL NUM~]EP 16 DESCRIPTION OF PARr OF SECTION 32, TOWNSHIP 4,8 SOUTH, R.4NGE 27 EAST, COLLIER COUNTY, Fl ORIDA (PROPOSED IO0'xIO0' TEMPORARY CONSTRUCT/O^' EASEMENT) COMI~ENCING AT THE SOUTHEAST CORNER OF SECTION J2. TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNI%, FLORIDA; THENCE ALONG THE EAST LINE OF ..,~41D SECTION .~2 NORTH 02'13~.3' WEST 947,51 FEE',,, THENCE SOUTH 87'46'07" WEST 25.00 FEET TO THE POINT OF BEGINNING IA) OF THE EASEMENT HERE,,/', DESCRIBED: THENCE CONTINUING ALONG SAID LINE SOl/T,'., 8746'07' WEST I00,00 FEE~; 7'HENCE NORTH 02't..~'5,..~ WEST 1000.00 FEE7, THENCE Nam,TH 87.45'$~ EAS; ~00,0~ THENCE SOUTH 02UJ'55' POINT OF BEGINNING OF THE EASEMENT HERE,','; DESCRIBED. EASEMENT CONTAINS 10,000 SOUARE FEET ,~ORE LESS. SUBJECT TO EASE,~£~/TS, RESER'V,~T/O^'S A,'vC RESTRICTIONS OF RECOR£ ES FA 'CS ?, - DESCRIPTION OF PAR,;" OF SECTIOn, 48 SOUTH. RANG[ 27 EAS~, COLL/Ee CDU,~,'T> FL OR/D/ (PROPOSED 40'X80' WELL HOUSE EASE, UEtvT. COMMENCING AT THE SOUTHEAST CORN[ SEC'f/ON 32, TOWNSHIP 48 SOUTH, COLLIER COUNT~, FLORiD, C' THENC£ ALONG THE EAST LINE OF NORTH 0,2'13'~3" WEST 947.~ FEE", THENCE SOUTH 87'46'07' WEST 2S05 FEpr THENCE NORTH POINT OF BEGINNING DESCRIBED; THENCE SOUTH 87'46'07' THENCE NORTH 02'13'.5.T' THENCE NORTH 87"46'07' WEST 10.00 FEE:' T2 OF THE EASEWEh'T WEST 40.00 FEZT. WEST 80.00 FEET, EAST ,10.00 FEET THENCE SOUTH 02'13'53' EAST 80.00 FEET TO POINT OF BEG/NNING OF THE EASEMENT HERE//', DESCRIBED. EASEMENT CONTAINS 3,200 SOUARE FEET MORE OR LESS. SUBJECT TO EASEle'ENTS, RESERVATIONS AND RESTRICTIONS OF RECORD, NOT A SURVEY COLLIER COUNTY ~ PUBLIC UTILITIES DIVISION SKETCH AND DESCRIPTIONS OF PAR ,.-,c ccnr¢~^, ~c COLLIER COUNTY, FLOt~ 4/23/02 N8252-002-002-¢C000 ANDREW B, BECK, P$M 6055 0 ~$ CERTIFICATE OF AUTHORIZ~,TION ~ LB-4~ Not volid withou~ tl~e $igno~ure o~d the original roise~ sea~ of ~ Florido licensed Su~eyor ond Mccper. EAST 1/4 CCRNER OF SECTION 52 BOX,~O 0~ C2~,", -~ COMM/SSION~R~, ~ ~z z ,. COUNT~ FLO~,'D~ N.B~45'O~E. 100.00' ~ ~,~'~ ~'/400~'/~ ,, S8746'u W tuu. / POINT OF BEGINNING OF PROPOSED 40'XBO' WELL HOUSE EASEMEN- POINT OF BEGINNING (A) OF PROPOSED 100'X100' TEMPORARY CONSTRUCTION EASEMENT NCRWTP WELL NU~X~ER ~7 DESCRIPTION OF PART OF SECDON $2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,, FL OR/DA. (PROPOSED l O0 'x l o0' TEI~PORARY CONSTRUCT/ON EASEMENT) COMMENCING AT THE SOUTHE_.4~T CORNER OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 27 E~S~ COLLIER COUNTY, FLORIDA' THENCE ~I. ONG THE F.4ST LINE OF SAID SECTION' .~2 NORTH 02'I.T'5~' WEST 1947,51 FEE'[; THENCE SOUTH 87"46'07' WEST 25.00 FEET TO THE POINT OF BEGINNING (A) OF THE E~EMENT HERE/t, DESCRIBED, THENCE CONTINUING ALONG SAID UNE SOUTh' 87"46'07' WEST I00.00 FEET- THENCE NORTH 02'13"55- WEST 1000.00 FEET,· THENCE NORTh 87"46'0~ E/ST I00.00 FEET, THENCE SOUTH 02'13'55' EAST 100.00 FEET TO THE POINT OF BEOINNINO OF THE EASE~dENT HEREIN DESCRIBED EASE~fENT CONTNNS 10,000 SQUARE FEET I,(ORE OR LESS. SUBJE£T TO EASEI~ENTS, RESERVATIONS AND RESTRICTIONS OF RECORD TOWNSHIP 48 S. WilsdnMiller ] 30 ~O ~20 GRAPHIC SCALE POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 52 LEGEND: O.R. = O/rFIC~4L RECORD NCRIETP ~, NORTH CO~IER REG~ WA~R ~ENT ~T C.U.E. = COUN~ UTILI~ ~E~ENT ~=P~ELSDESCR~BED SKETCH AND DESCRIPTIONS OF PAR~Ut ~=~,1~o,~4,'r£, '' TOWNSHIP ~8 SOUTH. RANO~ 27~.ST. /6 ~ / COLLIER COUNt, FLO~DA. . .... '. ~ 4/23/02 N8232-OO2-OO2-GCO00 J [ 2 5:2 [ ~ COLLIER COUNTY ~ PUBLIC UTILItiES DIVISION NOT A SURVEY, DESCRIPTION OF PAR; OF SECTION ~2, TOWNSH,'~ 4~ SOUTh, RANGE 27 E~STr COLLIER COUNT~, FL 0 R/D.~ (PROPOSED 40'X80' WELL HOUSE EASE~IEf,'T~ COblWENCING AT THE SOUTH~ST CORNER OF SECTION ~2, [OWNSHIP 48 SOUTH, ~NC[ 27 ~ST, COLLIER COUNt. FLORi~; THENCE ~ONG THE ~T LiNE OF ~D SECTION SZ NORTH OZI~'5~ ~S[ I947.5I FEET; THENCE SOUTH B746'0~ ~ESF 25.00 FE=%: ~ENCE NOR[H OZIZ'5~ WEST ~0.~ FE~ [0 TH~ ~NT OF BEGINNING (B) OF THE ~E~ENT HERD~' DE~RIBED: THENCE SOUTH 8745'0~ ~ES[ 40.~ FEET, ~ENCE NORTH OZI~'5~ ~T ~0.00 FE~, ~ENCE NORTH 874~'0~ ~T 40.00 FEET,- THENCE SOUTH OZI~'5~ ~T 80.00 FE~ TO THE POINT OF BEGINNING OF ~E ~SE~ENT HEREIN DESCRIBED. ~E~ENT CO~NNS ~.2~ S~E FE~ ~ORE OF LESS SU~ECT [0 ~E~ENTS, RESERVADONS ~ RESTR~CT~S OF RECORD. TOWNSHIP 49 S. EXHIBIT N. BT46'OT'E. 25.00' PROPOSED ''!:::: WELL #17 PROPOSED WELL PROPOSED 25' C.U ~ ~ PROPOSED 25' C.U.E. ANDREW B. BECK. PSM ~065 rE CERTIFICATE OF'AUTHORIZATION I~ LB-43 Not vofid wlthout Ihe signature and lhe original raised see, of 0 F-Iorido licensed $u~,'eyor and Mopper. COLDEr' CxTE £STmTES NO ;9 pLz7 BOO; ?, PAGES 77- 7~ DESCRIPTION OF PART OF SECTION $2. TOWNSHIP 48 SOUTh', RANGE 27 EAST, COLLIER COUNr~, FLORIDA (PROPOSED 25' OU.E ) BEGINNING AT THE SOUTHEAST CORNER OF SECtiON SOUTH, RANGE 27 EAST, COLLIER COUNI~, FLORIDA, THENCE ALONG THE SOUTH LINE OF SAiD SECTION 52 SOUT~ WEST 25.00 FEET; THENCE LEAVING SAID LINE NORTH 02'1.~'55" WEST 204Z60 FEET, THENCE NORTH 8746'07" EAST 25.00 FEET TO A POINT ON THE EAST LINE Of SAID SECTION J2, THENCE SDUTh 02'15'5]" EAST 2047 75 FEET TO THE POINT OF BEGINN,,NG Of THE EASEMENT HEREIN DESCRIBED EASEMENT CONTAINS 51, 189 SOUARE FEET MORE OR LESS SUBJECT TO EASEMENTS, RESERVADONS AND RESTRICTIONS OF RECORD. GRAPHIC SCALE POINT OF BEGINNING SOUTHEAST CORNER OF SECTION 32 ~.RO,cCS£C .... 25' COE ~: 8,2' DRAIA'4SE EASEAZEh, F I GA TE ES 2500' BOOK 4, PASES TOWNSHIP 48 S TOWNSHIP 49 S NOT A SURVEY WiispnMiller ..... ,.,,,. co. ~ SKETCH AND DESCRIPTIONS OF PART Of SECTION J2, TOWNSHIP 48 S~FH. --~'-- ~~~~------ * -- ' ~~~------~-- C~UER COUN~ FLOR,DA AG£ I~D A ITEt4 MAY 1 4 2002 EXECUTIVE SUMMARY AMEND WORK ORDER CDM-FT-99'6 FOR ENGINEERING SERVICES RELATED TO EFFLUENT RESOURCE PLANNING IN THE AMOUNT OF $17,000 IN PROJECT 74029 OBJECTIVE: The objective of this project is to prepare a planning-level document to become a more reliable provider of irrigation v¥'ater during the dry season to existing reclaimed water reuse customers. The objective of this executive summary is to request additional funds needed to close-out the project with issuance of a Final Report. CONSIDERATIONS: On May 25. 1999. on agenda item 16(B)(10). the Board approved Work Order CDM-FT-99-6 with Camp Dresser & McKee, Inc., (CDM). On September 26. 2000. on agenda item 16(C)(8k the Board approved Amendment 1 to the work order. CDM issued a Final Draft Report dated September 2001. The Final Draft Report was rolled-up into the 2001 Wastexvater Master Plan Update as adopted by the Board on December 11. 2001. on a_.enda item 8(A). Now. the Final Draft Report needs to be revised to conform it to the a~lopted Wastewater Master Plan. A ~inal Report will be issued. The proposed amended scope o1' v, ork consists of services provided in support of the Wastewater Master Plan and subsequent Rate Study and fol' services to issue a Final Report. The scope is more fully described in the attached work order amendment. Original Work Order S 73.700 Amendment 1 S 32.010 Proposed Amendment (Add) S 17.000 Total $122.710 Per Article 5. Section 5.5. of Contract 98-2825. the total contract limit shall not exceed $500.000. The two-year contract term expired on December 8.2000. This work order amendment will result in total fees exceeding the upper contract limit. A waiver is required to exceed the total contract limit on total fees. FISCAL IMPACT: Funds are not budgeted for this amendment. Funds are needed in the amount of $17,000 for engineering fees. A budget amendment is needed to transfer funds in the amount of $17,000 from Wastewater Capital Reserves to Project 74029. Effluent Management Master Plan. The source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: Effluent resource planning is consistent with thc Collier County Growth Management Plan which states that the County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and groundwater supplies. MAY 1 4 2002 Executive Summary Amend Work Order CDM-FT-99-6 Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute Amendment 2 to Work Order CDM-FT-99-6 with Camp Dresser & McKee, Inc., and approve the necessary budget amendment. SUBMITTED BY' ~._..,-3&~ '~'--) ~--------~ Date: Karl W. Boyer. P.E.. %'tilities Engineering Principal Project Manager APPROVED BY: ' '. a~ I Purchasing Direclor Date: APPROVED BY: APPROVED BY: ~ ~ ......... Date: Ro~/B. Anderson, Utilities Engineenng Director Dale: , ~""'" Tom \Vides. Interim Public Utilities Administrator Attachment: Cop>' of Anqendment '~ ~ to \Vork Order CDM-FT-99-6 MAY 1 2002 PG. Agreement for Fixed Term Professional Engineering Services Dated March 13, 1999 tContract #98-2835) This Work Order is for professional engineering services for work known as Undated Efftuent Resource Plannm~r Reoort Reaaon fgr Proiect: To oreoare a olannin~-level document to address becomine a more reliable vrovider of irriaauon water durina the dry season to existin_~ reclaimed water reuse cugiomar$ The work Js ~pecif~ed in the proposa~ d~ed February 26, 2002, which ~s aHached herew ~nd m~dca part of[bis Work Order, ln~ccordance w~h ~he Terms ~nd re~erenced above, Work Order ~CDM-F~-99-6 ~s assigned to C~mp Scope of Work: Tasks 20 through 23 are identified in the attached letter proposal. S~hcdule of Work: Complete work within 6 weeks from receipt of the Notice to Proceed authorizing start of work. Comvcnsation: fn accordance with Article F~.ve of the Agreement, the County willcompensatc the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and usc the established hourly rate(s) as enumerated in Schedule 'A" of thc Agreement). Original Amount S 73,700 Amendment 1 $ 32,010 Current Amount $105.710 Task 20 - Prepare Revised Report 7ask 21 - Additional Rate Analysis Task 22 - Provide Technical 5~ppor: Task 23 -Prepare Final Report 3,900 (T~me and reimbursable expenses) 3,600 (T~me and reimbursable expenses) 3,900 (Time and reimbursable expenses~ 5.500 (Time and reimbursable expenses i TOTAL FEE $122,710 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the AgreemerU~ PREPARED BY' . ~.._..L-~.. '~, .. '-. 5~ ~9~r _ Karl W. Boyer. P E., UHiit~e~ En~,neermg Pr:he,pal Project Manager Da~ AUTHORIZED BY Joe Chea~ham, Wesley, clef D~rector Date Dale Date APPROVED BY. Roy B Anderson. F £ . I. Tt~l::~es Engineering Director APPROVED BY: Tom Wides. Interim Public k;illiues Administrator ATTEST: (Corporate Secretary) Print title and name print name ACCEPTED BY: Date ~-/~-/0 ~_ Camo Dresser & McKee. Inc, Thomas M. Missimer, Vice President (2) print name ~0. MAY 1 4 2002 PG.,, 3 CDM consulting engineering construcho~ operations Missimer 8140 Coiiege Parkwai. Suite 2,32 Fort Myers F~orida 329:9 Te:: 94~ 432-9494 Fax: 94i 432-9452 P. U. E. D. "02MAR-~ ?~ 3:30 February26,2002 Mr. Karl W. Boyer, P.E. Senior Project Manager ColLier County Public Utihties Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Re: Revised Draft Proposal for Additional .Assistance fo,.' the Wastewater Resource Planning Report Dear Mr. Borer: As we have discussed, enclosed is a revised proposal outlining the additional services associated with the Wastewater Resource Plarming Report. As described in my previous e-mail, we have mcurred cost to date of approximately $16,000. This revised draft proposal provides for additional fees up to $17,000. This request includes all previous additional work executed on the Report bv CDM. We understand that the work remaining is one (1) round o~ revisions to the Report based upon the most recent con~'nents and tl~e provision of eleven (11) copies of th< Final Repo:'t. look forward to discussing this revised draft proposal with you in the near future. If you have any questions, please do not hesitate to contact me. cc: Marie W. Mahan with enclosure \LFTMSVR',Disk 1 ~Projects'26769,020226KWBDKT.doc ^c~ ~T£~_~ MAY t q 20O2 Collier County, Florida Updated Wastewater Resource Planning Report Draft Scope of Services April 19, 2000 (Revised February 26, 2002) The CONSULTANT has developed a draft (January 2001) and revised draft (May 2001) Wastewater Resource Planning Report. These reports were included in the arnendment to the Scope of Services. A revised final draft report was required to incorporate additional information and for the financial analysis and presentation to the Board of County Commissioners in November 2001. The Scope of Services included a financial planning analysis. The purpose of the analysis was to evaluate the impact on reclaimed water user rates for the alternatives evaluated in the report. The COUNTY was conducting a parallel rate stud)'. After review, the COUNTY determined that this financial analysis should be revised to support the rate study, h~ addition, the COUNTY requested evaluation of several additional alterna~ve methods for calculating reclaimed water rates. The COUNTY also requested the CONSULTANT to provide clarification of information requested by constituents. Task 20 - Prepare Revised Draft Report The CONSULTANT will revise the Revised Draft Report to include the financial analysis and addit/olwd information provided by the COUNTY. This re}~ort will serve as tl~e basis for presentation to tl~.e Board of Countx' Commissioners in November 200!. The CONSULTANT wil! ?rovide eleven (11) copies of the report to the COUNTY. Task 21 - Additional Rate Analysis The CONSULTANT will evaluate the impact on rates for various alternatives for capital debt, renewal and replacement, efficiency enhancements, supplemental water, and system expansion. The information will be included in the final report. The ~ONSULTANT shall calculate rates for reclaimed water customers based on services received bv the customer. Task 22 - Project Meetings and Technical Support The CONSULTANT shall attend one additional BOCC meeting to answer questions about the rate analysis. The CONSULTAN~ shall attend one additional meeting with the COUNTY to discuss the final report. The CONSULTANT shall provide technical assistance to the COUNTY to assist with response to constituents' questions and requests for information. Collier County, Florida Updated Wastewater Resource Planning Report Scope of Services Task 23 - Fina I Report Preparation The CONSULTANT will prepare a final report incorporating COUNVTy comments and i_rfformation developed in Tasks 20 through 22. Eleven (11) copies of the report will be provided to the COUNTY. One copy will be provided on a CD. Schedule The CONSULTANT wiI1 complete Tasks 20 through 23 within six (6) weeks of receipt of a written notice to proceed. Budget The fees for the CONSULTANT shall be based on a lump sum payment of S17,000. Tt~e schedule of fees for each task is Listed in Table 1. One invoice wil~ be submitted to the COUNTY for these tasks. 2 NO. /~. d... C~ HAY 1 q 2002 Collier County. Florida Updated Wastewater Resource Planning Report Scope of Services TABLE 1 COLLIER COUNTY, FLORIDA SCHEDULE OF FEES UPDATED REUSE RESOURCE PLANNING REPORT SCOPE OF SERVICES AMENDMENT Task Description Total Cost (s) Task 20 - Prepare Revised Draft Report 3,900 Task 22 - Additional Rate Ana]vsis 3,600 Task 22 - Project Meetings and Technical Support I Task 23 - Final Report ?reparat/on 4,000 5,500 Total: 27,000 3 MAY 1 z~ '~00~ P~. 7 A PG. ~ t EXECUTIVE SUMMARY APPROVE STAFF, COASTAL ADVISORY COMMITTEE AND TOURIST DEVELOPMENT COUNCIL RECOMMENDATIONS TO DISAPPROVE A TDC CATEGORY "A" GRANT APPLICATION FOR THE BAREFOOT BEACH CLUB DUNE RESTORATION IN THE AMOUNT OF $81,500 OBJECTIVE: To obtain final disapproval of a Tourist Development Category "A' grant application as recommended by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: A Tourist Development Category "A" grant application for restoring the dunes at the Barefoot Beach Club was reviewed and recommended for disapproval by staff, the Coastal Advisory Committee on April 5, 2002, and by the Tourist Development Council on April 15, 2002. The County Attorney's office has written a legal opinion indicating that the project is not eligible for TDC tax funds. FISCAL IMPACT: There is no fiscal impact if the grant application is disapproved. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners disapprove the attached grant application for Tourist Development Category "A" funds in the amount of $81.500. Ron Hovell. P.E.. Coastal Projects Manager REVIEWED BY: APPROVED BY: Roy B! Anderson, P.E., Public Utilities Engineering Director 7,~~~. ~ ~ Date¢ ~//xZik~ Thomas G. Wides. Interim Public Utilities Administrato'? F4A¥ 1 2 02 ~. I P. U. E. D. OFFICE OF THE COUNTYATTORNE 3:t 6 INTEROFFICE MEMORANDUM - TO: FROM: DATE: RE: Ron Hovell, Coastal Projects Manager Jacqueline Hubbard Robinson, Assistant County Attorney ,. N\.'~ ~(7---'--- April 26, 2002 Barefoot Beach Club Dunes Restoration - Use of Tourist Development Revenues Query: The Barefoot Beach Club hczs submitted a TDC grant application for reimburseme~t o. f the costs to restore tire adjacent du~Tes damaged fi'om D'opical Storm Gabrielle. The restoration work is being completed i~ April 2002. Please provide a~ opinio~, on TDC fimding eligibili~. '. Relevant Facts: This office has been infon2:ed that the restorative work is to occur solely on private property to which there is no general public access. Relevant Collier Countx Code of Laws and Ordinances Section and Florida Statutory Provisions: Section 126-83(a) of the Collier County Code of Laws and Ordinances permits Tourisr Development Tax revenues to be used "...to finance beach park facilities or beach improvement, maintenance, renouristunent, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river." 50 percent of the net revenues of the t~vo percent tax and 100 percent of the one percent tax, reduced by the amount required for Category D, may be used for these purposes. Section 125.0104(5)(a) 1., Florida Statutes, provides that tax revenues should be expended for activities that have as one of its "main purposes the attraction of tourists..." Further, Section 125.0104(5)(d) prohibits the use of funds for activities "...not expressly authorized.. MAY 1 2DD2 Response: The expenditure of tourist tax revenues solely to restore sand dunes on private property not generally used by the public is neither expressly authorized nor permissible. CC~ David C. Weigel, County Attomey Ramiro Mafialich, Chief Assistant County Attorney D. E. "Bleu" Wallace, Interim Tourist Development Tax Administrator Jackie.,'Tourist/Barefoot Beach 41602 COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY April 4, 2002 Mr. Ron Hovell, P.E. Coastal Projects Manager Collier County. Utilities Engineering Dept. 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Barefoot Beach Condominiums (BBC) Dune Restoration Project CEC File No. 02.055 Dear Ron: ! observed the last Coastal Advisory, Committee Meeting's discussion on the TDC application submitted by BBC. Obviously you had several concerns (e.g. debris removal, no Erosion Control Line) and recommended against BBC's application. Further, one committee member raised the concern of public access to this section of the beach. Ultimately the Committee voted not to recommend approval of BBC's application to the TDC. I wish you would have shared your concerns with me prior to the meeting so that I ma)' have attended and addressed them. To that point, I offer the following data which my clients desire you to share with the Committee. Collier County previously conducted storm debris removal along Lely Barefoo: Beach, specifically, the seagrass removal project several years ago. Lely Barefoot Beach has historically been a stable beach, experiencing a very, low erosion rate. During the design of the Collier County Beach Project, it was deemed non-critically eroding, thus was not included in the initial project. As such, no Erosion Control Line (ECL) was established. An ECL is required when it is desired to widen and maintain a beach including activities below Mean High Water (MHW). An ECL is not required for activities restricted to above MHW. · Tropical Storm Gabrielle devastated the dunes along Barefoot Beach including the BBC property. 3~06 c H~ ...... O~ PrlVC--,,~r_~, z ..... z Mr. Ron Hovell, P.E. April 4, 2002 Page Two DEP issued an Emergency Order folio'wing Gabrielle allowing for dune restoration activities and delegating permitting to Collier County.. An ECL is not a requirement of this DEP Order. · BBC applied for and obtained Collier County permits to conduct dune restoration. All the work is restricted to above MHW. Collier County has historically supported the following projects where there is no ECL or little public parking/public access. Please note these projects are provided as examples to show the diversity, of the County's participation in beach management projects. We are not discrediting them in any manner; we fully support all of these projects. Royal Marco Point Upland Sand Fills South Naples Beach T-Groins · Beach Raking along Bay Colony Beach · Central Marco Island Beach Grading Project · Royal Marco Point T-Groins · Beach Raking along South Naples Beach · Beach Raking along Seagate and Clam Pass Beaches Recogn/zing that the Committee and you have concerns about the Project, BBC respectfully subrni:s a revised application focusing just on the dune restoration (upland sand, plants, and irrigation), and respectfully requests the Committee review it at their next meeting which we understand will be held prior to the TDC meeting. With your approval, representatives of BBC and myself will attend the Committee meeting to help answer any questions the.',' may have. I vdll contact you shortly to discuss. Thank you for your attention and assistance. COAS~I'AL ~NGINEER~%~G CONSULTANTS, INC. ' . ,.--,. 'ri Micha'.e, 1 T~. Poff, P.E. Vice Pi'esident of Engineerihg C: R. Bohsancurt J:data, 2OO2/O20$.~/O20$$_ttowtll. drn' A~/~_~,~ ITEl4 NO. IIAY 1 20D2 PG. Collier County Tourist Development Council GRANT APPLICATION BAREFOOT BEACH DUNE RESTORATION EXHIBIT A Name and Address of Applicant Organization: Barefoot Beach Condominiums 259 Barefoot Beach Boulevard Bonita Springs, FL 34134 Contact Person, Title and Phone Number: Rick Bohsancurt, Manager Barefoot Beach Club Phone: 495-3311, FAX: 495-3121 Organization's Chief Official and Title: Same as above Brief Project Description: Tropical Storm Gabrielle severely eroded the beach and dunes along Barefoot Beach. Further, many areas within the dune were damaged as sand overwash covered the plants. The project proposes to restore the dunes by trucking in beach compatible sand from a DEP approved source, planting new dune vegetation, and irrigating the plants. Estimated project start date: April 2002 Estimated project duration: 3 Months tilling work will be finished by April 30) Total amount requested: $ 81,500.00 (Note, trucking, grading, and .o HAY 1 6 2002 Collier County Tourist Development Council Grant Application: Barefoot Beach Condominiums Page 2 ge 10. 11. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) Identify the goals and objectives for the project: The project's goal and objective is to restore the healthy dune system that was severely damaged by Tropical Storm Gabrielle. Describe what benefits will be received from the project: The project benefits include the following: dune plantings including protected species (e.g. sea oats, sea grapes'} to replace those killed by the storm, and restoring the dune profile to improve turtle habitat (e.g. shielding of lights from upland development). Describe how the effectiveness of the project will be evaluated: As the Count' conducts annual monitoring of the beaches including Barefoot Beach for both "shoreline and volumetric beach changes" and "sea turtle nesting success", the effectiveness of the project can be determined through the results of this program. 12. Describe how the project enhances existing County Tourist Development programs: Proper maintenance of the beaches and dunes will help to ensure the viability, of the area's major tourist attraction. The CounD"s Barefoot Beach Park is located approximately 2200 feet south of the project area. This Park is one of the main public access points for the County's beaches AG£1nDA MAY 1 q 2002 Collier County Tourist Development Council Grant Application Page 3 13. Describe how financial resources will be monitored: The project budget will be managed by the Club's Bohsancurt, in coordination with a project manager in Engineering Department. representative, Rick the Public Utilities 14. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) By virtue of the County's Park and public access, this beach area is used by residents throughout the County. Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier CounD' beach restoration project and/or pass maintenance/dredging/management projects? Yes( ) No(X) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes( ) No(X) 1 4 2002 Collier Count3, Tourist Development Council Grant Application Page 4 Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes(X) No( ) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) · Is there a potential for an alternative/matching funding source? Yes(X) No( ) If"Yes", please identify FDEP Beach Erosion Control Program Is the project consistent with the Collier Count' Growth Management Plan and/or standing Board of CounD' Commission action? Yes(X) No( ) · Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisoo' Committee? This application will be considered by the Coastal Advisor, Committee at their next meeting. Their recommendation will be forwarded separately. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization s Chief Official or Designee* Date: ~o. //.~ ~ MAY 1 A 2002 PG. (~ Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET BAREFOOT BEACH RESTORATION (FY 02) ACTIVITY Production, transport and placement of beach compatible sand including beach tilling Dune planting and irrigation AMOUNT $ 62,000.00 $ 19,500.00 TOTAL $ 81,500.00 EXECUTIVE SUMMARY, APPROVE TOURIST DEVELOPMENT CATEGORY "A" GRANT APPLICATIONS IN THE AMOUNT OF $4,853,537 OB~TIVE: To obtain approval of Tourist Development Category "A" funding applications as recommended for approval by the Beach Renourishment / Maintenance Committee, the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS_: The following Tourist Development Category "A" grant applications were reviewed and recommended for approval either by the Coastal Advisory Committee (?) on March 15, 2002 and April 5, 2002, or by the Parks & Recreation Advisory Board ('¢) on March 27, 2002 as well as by the Tourist Development Council on April 15. 2002. Grant applications that received negative recommendations are being submitted separately. PROJECT #, DESCRIPTION 90001, Wiggins Pass Monitoring* 90002. Clam Pass Monitonng* 90003. Doctors Pass Monitoring? 900041 County-Wide Beach Monitonng* 90005, South Gordon Drive T-Groin Monitoring and Maintenance? 90278, Sand Jetty Tightening (additional funds) t* 90006, Hideaway Beach and T-Groin Monitoring* 90007, Tiger?ail Lagoon Projection* 90008, Marco Island Beach Monitoring* 90009. Marco Island Segmented Breakwater Monitoring+ 90017, Caxambas Pass Monitoring+ 90010, Annual Beach Renourishment* 90011. Annual Dune / Structure Maintenance* 900121 Beach Cleaning Operations? 90013, Sea Turtle Monitoring and Beach Studies? 90527, Beach Emergency Response Plant* 90528, County-Wide Sand Search?* 90270, Lake Trafford Restoration* * 90088, Tigertail Park Res?room Facilities (additonal funds) +.¢* 90016, Bayview Pedestrian Beach Access Improvements-'-: 90014, Tigertail Walkway Design--. 90015, Tiger?ail Beach Entrance--:, Project Management & Misc. Fees? AMOUNT $27,000 $10,000 $10,000 $140,000 $96,954 $8O,O83 $100.000 $20.000 $22.00(~ $20.0(3(} $20.000 S 1.000.000 $300.000 $245.000 $142,000 $25.00O $600.000 $1,000.000 $70,000 $125,500 $200,000 $150,000 $450,000 TOTAL $4,853.537 * $775,083 as budget amendments in FY02 ** Lake Trafford Restoration was approved for $2,000,000 on November 17, 1998 but the agreement with South Florida Water Management District was not executed until July 31, 2001 and calls for $500,000 both in FY02 and FY04, and $1,000,000 in FY03 MAY 1 q 2002 FISCAL IMPACT: The total amount of grant applications for FY01/02 in the amount of $775,083 is available from fund 195 Reserves. The total amount of grant applications for FY02/03 in the amount of $4,078,454 is available for appropriation in the budget of fund 195 based on budget revenues of $6,122,700. The source of funds is the Tourist Development Tax FY01/02 Reserves and FY02/03 budget respectively. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the attached grant applications for Tourist Development Category "A" projects in the amount of $4,853,537 - $4,078,454 for appropriation in the FY02/03 budget of fund 195 and $775,083 in the FY01/02 budget from the Reserves of fund 195. SUrBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ron Hovell, P.E., Coastal Projects Manager / } ? ~., / C c,-/ % d, ~---~4---'---- Date: g/, z/c; Roy B./Anderson, P.E., Public Utilities Engineenng Director Marla Ra~sev, Park~& Recreation Director Thomas G. Wides, lntefim Public Utilities Ad~nistrator ~o. //,& 1 2002 Tourist Development Council FY 03 Grant Applications, Catec~orv "A" Recomm~;ndations ~'ponsor Proiect Cost Yes N._9o "' TDC CAC jollier County Public Utilities Wiggins Pass Monitoring $27,000 Staff Engineering Department TDC CAC Collier County Pelican Bay Services Clam Pass Monitoring $10,000 Staff Division TDC CAC City of Naples Doctors Pass Monitoring $10,000 Staff TDC CAC Collier County Public Utilities County-Wide Beach Monitoring $140,000 Staff Engineering Department South Gordon Drive T-Groin Monitoring $96,954 TDC CAC City of Naples and Maintenance Staff Sand Jetty Tightening (additional funds $80,083 * TDC CAC Staff City of Naples for previously approved project) TDC CAC Collier County Public Utilities Hideaway Beach and T-Groin $100,000 Staff Engineerin~ Department Monitoring TDC CAC Collier County Public Utilities Tigertail Lagoon Projection $20,000 Staff Engineering Department TDC CAC Collier County Public Utilities Marco Island Beach Monitoring $22,000 Staff Engineering Department Collier County Public Utilities Marco Island Segmented Breakwater $20.000 TDC CAC Staff En~lineerin~ Department Monitoring TDC CAC Collier County Public Utilities Caxambas Pass Monitoring $20,000 Staff En~lineering Department TDC CAC Collier County Public Utilities Annual Beach Renourishment $1,000,000 Staff - Encjineering Department TDC CAC ¢ollier County Public Utilities Annual Dune / Structure Maintenance $300,000 Staff Engineering Department TDC CAC Collier County Parks & Recreation Beach Cleaning Operations $245,000 Staff Department TDC CAC Collier County Natural Resources Sea Turtle Monitoring and Beach S142,000 Stafl Department Studies TDC CAC Collier County Public Utilities Beach Emergency Response Plan $25,000 ' Staff Engineering Department TDC CAC Collier County Public Utilities County-Wide Sand Search $600,000 * Staff Engineering Department TDC CAC Barefoot Beach Club Barefoot Beach Dune Restoration $81,500 Staff Goodland Canals Dredging Design and $150,000 TDC CAC Goodland Civic Association Permittin~l Staff SouthWest Florida Water Management ** Lake Trafford Restoration ($500,000 $1,000,000 District FY02 and FY 04, $1,000,000 FY 03) Collier County Parks & Recreation Tigertail I~a'~k Restroom Facilities $70,000 * PARAB Department (additonal funds for approved project) TDC Staff PARAB Collier County Parks & Recreation Bayview Pedestrian Beach Access $125,500 TDC Staff Department Improvements PARAB Collier County Parks & Recreation Tigertail Walkway Design $200,000 TDC Staff De artment P PARAB Collier County Parks & Recreation Tigertail Beach Entrance $150,000 TDC Staff ~. Department TDC CAC Dollier County Public Utilities Project Management & Misc. Fees $450,000 Engineering Department / Budget Office Staff · FY02 amendments . $5,085,037 · ' Lake Trafford Restoration was approved in prior year / grant application not included $4,853,537 HAY I 200? Collier County Tourist Development Council GRANT APPLICATION WIGGINS PASS MONITORING EXHIBIT A Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. FL 34112 Contact Person, Title and Phone Number: Ron Hovell. Coastal Projects Manao~er Public Utilities Engineering Department Phone: 530-5342. FAX: 732-2526 6. 7. 8. · ' qS Organization Chief Official and Title: Commissioner James N. Collena. Chairmar~ Board of County Commissioners Brief Project Description: This project consists of monitonnE activities associated with the maintenance dredging of Wiggins Pass per the environmental permits. Estimated project start date: October' 2002 Estimated project duration: One (1) year Total amount requested: $27,000.00. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? NO. /~, d ~ MAY 1 200. Pr;. ,5' Collier Count)' Tourist Development Council Category "A" Grant Application Page 2 10. 11. Yes ( ) No (X) Identify the goals and objectives for the project: This project consists of montoring activities associated with the maintenance dredein~o of Wiggins Pass. Describe what benefits will be received from the project: Monitoring of the pass and restored beaches is required by permitting agencies and will enable future permits. Describe how the effectiveness of the project will be evaluated: The results of the annual project monitorino~ program will provide an evaluation of the dredging project performance. 12. Describe how the project enhances existing Count)' Tourist Development programs: Proper maintenance of the pass ,,','ill help to ensure the viabilitx of the area's maio:' tourist attractions - both the pass for recreational boating and the adjacent beaches which will receive the sand. 13. 14. Describe how financial resources will be monitored: The project budget will be mana.oed through the existin_o management structure of Collier County and will be administered by a project mana_oer in the PuNic Utilities Engineering Department. The basis of the project budget consists of the estimated costs associated with maintenance of Collier CounW beaches. The total amount of the proposed budget is $27.000. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objecti,ves outlined in the Collier County Tourist Development Council Category "A" Grant Application Page 3 Mission Statement? Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier Count>' beach restoration projects? Yes ( X Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? Yes( ) No(X) MAY 1 2002 Collier Count): Tourist DeYelopment Council Category "A" Grant Application Page 4 If "Yes", please identify: Is the project consistent with the Collier Count)' Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Coastal Advisor)' Committee? This apphcation '`vas considered by the Coastal Adxisorx Committee on March 15. 2002. Their recommendation will be forwarded separately. I have read the Beach Renounshment and Pass Guidelines and criteria and agree that organization ',,,'ill comply with all guidelines and criteria. Roy Anderson. P.E., Director. Public Utilities En~oineerino~ Department Signature of Organization's Chief Official or Designee 2002 Collier Count)' J~ourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET BEACH MAINTENANCE ACTIVITIES ACTIVITY Professional Services - surveys and report AMOUNT $27.000.00 TOTAL $27.000.0(} ~o. /~, ~ HAY 1 q 2002 EXHIBIT "A" Collier County Tourist Development Council CATEGORY "A" GRANT APPLICATION Completed application shall be submitted to the following address: Collier County Tourist Development Council Jane E. Eichhorn. TDC Coordinator 3050 N. Horseshoe Drive. Suite 135 Naples. Florida 34104 (941) 403-2332 1. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 e Contact Person, Title and Phone Number: James P. Ward Department Director. Pelican Bay Services Division 597-1'7,49 Organization's Chief Official and Title: James N. Coletta, Chairman Collier County Board of County Commsisioners Brief Project Description: Annaul monitoring of the Clam Bay Pass and Eco System to access the tidal flow conditions of Clam Pass. Estimated project start date: Annual monitoring for this request would begin on October 1, 2002. Estimated project duration: 365 days AG~: I~TJ ~ IT[In .0., //~ ~A¥ 1 q 2002 ,..,~. 7. Total amount requested: $10,000.00 Collier Count)' Tourist Development Council Category "A" Grant Application Page 2 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes No X 9. Identify the goals and objectives for the project: Monitor Clam Pass to evaluate the effectiveness of the dredging and identify necessary maintenance. 10. Describe what benefits will be received from the project: This monitoring will identify ~'hen maintenance activites are necessary to provide for sufficient flows for a health)' Clam Bay estuary system. 11. Describe how the effectiveness of the project will be evaluated: Annual hydrographic monitoring will provide the necessary data to evaluate when maintenance to Ciam Pass is necessary prior to the Pass becoming severely restricted. 12. Describe how the project enhances existing County Tourist Development Programs: Monitoring of Clam Pass will assist in assuring that sufficient tidal flows are maintained through the inlet helping to ensure the health and viability of a major tourist attraction in the area. 13. Describe how financial resources will be monitored: The project budget will be managed through the existing finacial and mangement structure of Collier Count)' and will be administered by the project manager. 14. Please complete the following question and provide additional information, if necessary: > Does the proposed expenditure further the objectives outlined in the Mission Statement Yes X No MAY 1 2002 Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes X No Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental consideration? Yes X No Is the proposed project part of the ongoing Collier County beach restoration projects and/or pass maintenance/dredging/management projects? Yes X No Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes X No Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes X No Will the project decrease the local cost share of an overall beach restoration project. either by decreasing the total project cost or by increasing the local/no-local ratio? Yes No X Will the project improve understanding of alternative technologies hat may contribute to a cost-effective beach restoration project? Yes X No ;- Is there a potential for an alternative/matching-funding source? Yes No X If "Yes", please identify Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commissioners Actions? Yes X No ¢- Has the project been reviewed and recommended by the appropriate committee? Yes, this application will be considered at the scheduled meeting, their recommendation will be forwarded under separate cover. I have read the criteria and agree that my organization will comply with it all. Signature of Organization's Chief Official or Designee Date Collier Count' Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishrnent. restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: Administrator Collier Count',' Tourist Development Cotmcil County Administrator 3301 East Tarniami Trail Naples. FL "' 1_ 1. Name and Address of Applicant Organization: Ciw of Naples 77< Eightt: Street South Nar~les. FL x~ Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 Organization's Chief Official and Title: Bonnie R. MacKenzie. Mayor 4. Brief Project Description: Semi-annual monitor/ng of the Doctors Pass maintenenance dredging project. EXHIBIT A Collier Count?' Tourist Development Council Grant Application Page 2 6. 7. 8. Estimated project start date: 01 October 2002. Estimated project duration: one year. Total amount requested: S10,000 If the full amount requested cannot be awarded, can the program / project be Restructured to accommodate a smaller award? Yes No No Identify the goals and objectives for the project: 7o monitor the inie:, ebb and flood shoals, m~d north az~d south irmer approaches on a semi-annual schedule. 10. Describe what benefits will be received from the project: Doczors Pass is the : ' on,x entrance into the Moorings Bay System. That system serves a large area of single family, multifamily, and commercial waterfront real estate. 11. Describe hox~ the effectiveness of the project will be evaluated: This is a permit-compliance project and its effectiveness is gauged against the po.whit conditions. 12. Describe how the project enhances existing CounD' Tourist Development programs: Doctors Pass provides Gulf access for the residents of' Coquina Sax~ds. the Moorings. and Park Shore, including numerous seasonal rental properties. 13. Describe how financial resources will be monitored. Project finances will be monitored by the Finance Department of the Ciw of Naples. HAY I q 2002 , p~. /5- Collier Countx Tourist Development Council Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessao': Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes Does the proposed expenditure fairly distribute monies to different geographic areas of the Countx? Yes Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Wes Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects ? Yes Is the proposed project required by a regulator3.' agency as a condition for approval/funding the Collier Counl~' beach restorations projects? Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the locaL/non- local ratio? Yes Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? NO aG[NO,, ITF.~.· MAY 1 2002 ,G. IL,, Collier Count' Tourist Development Council Grant Application Page 4 Is there a potential for an alternative/matching funding source? No If "Yes", please identih.' Is the project consistent with the Collier County Growth Management Plan and/or standing Board of CounW Commission action? No · Has the project been reviewed and recommended by the Coastal Advisor?- Committee? I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization s Chief Official of, Designee Date: ~ O)x.~. ~t ~00 -~ MAY 1 4 2002 PG. /'7 Collier Count~' Tourist Development Council Grant Application Page 5 PROJECT BUDGET Semi-annual momtoring of the Doctors Pass channel and ebb shoal and annual monitoring of the flood shoal and inner approaches... $10,000.00 Collier County Tourist Development Council GRANT APPLICATION COUNTY-WIDE BEACH MONITORING EXHIBIT A e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. FL 34112 Contact Person. Title and Phone Number: Ron Hovell. Coastal Projects Mana_oer Public Utilities Enmneerina Department 330-5.4_. FAX _ _- .... Phone: ' '~ '~ .73'~ '~'i'~6 o Organization's Chief Official and Title: Commissioner James N. Colletta. Chairman Board of County Commissioners Brief Project Description: This project consists of monitoring activities associated with the county-wide beach renourishment permits including a review of existing structures such as storm sewers. groins, etc. Estimated project start date: October 2002 Estimated project duration: One (1) year Total amount requested: $140,000.00 Collier County Tourist Development Council Category "A" Grant Application Page 2 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) 9. Identify the goals and objectives for the project: This project consists of montonn~ activities associated with the county-wide beach 10. 11. 12. 13. renourishment permits and a review of existinz structures for potential removal. Describe what benefits will be received from the project: Monitonn~o of the restored beaches is required by permittin~ a~oencies and will enable future permits. Describe how the effectiveness of the project will be evaluated: The results of the annual project monitoring program will provide an evaluation of the project performance. Describe how the project enhances existing County Tourist Development programs: Proper maintenance of the beach will help to ensure the viability of the area's major tour/st attractions. Describe how financial resources will be monitored: The project budget will be managed through the existing management structure of Collier County and will be administered bv a project manager in the Public Utilities Engineering. Department. The basis of the project budget consists of the estimated costs associated with maintenance of Collier County beaches. The total amount of the 14. proposed budget is $140,000. Please complete the following questions and provide additional information, if necessary: 2002 Collier Count)' Tourist Development Council Category "A" Grant Application Page 3 Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the Count)'? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier Count)' beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulator)' agency as a condition for approval/funding the Collier Count)' beach restoration projects? Yes(X ) No( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? lqA¥ 1 2002 Collier County Tourist Development Council Category "A" Grant Application Page 4 Yes( ) No(X) If "Yes", please identify: Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Coastal Advisory Committee? This application was considered by the Coastal Advisory Committee on March 15. 2002. Their recommendation will be forwarded separately. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Rox Anderson, P.E.. Director, Public Utilities En_oineerin_o Depanmem Signature of Organization's Chief Official or Designee Date: MAT 1 2002 Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET BEACH MAINTENANCE ACTIVITIES ACTIVITY Professional Services - surveys and report AMOUNT $140.000.0(3 TOTAL $140.000.00 ~C~:nD~ IT£M ~ No. I[_,, Iq~¥ 1 4 EXHIBIT A Collier CounD' Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishment. restoration and erosion control, including pass an~ inlet management.) Completed applications shall be submitted to the following address: Administrator Collier Count,' Tourist Developmem Council County Administrato:' 3301 East Tamiami Trail Naples, FL 1. Name and Address of Applicant Organization: CiD' of Naples 7~ Eighth S',ree~ Sou,.: Naples, FL 34102 2. Contact Person. Title and Phone Number: Dr. Jori C. Staige? Natural Reso'~rces Manage': 941 --~4-46_ 3. Organization's Chief Official and Title: Bonnie R. MacKenzie. Mayor 4. Brief Project Description: Semi-annual monitoring of the South Gordon Drive T-gToin project, with contingency for fill placement and structure repairs, if necessars'. Collier Count' Tourist Development Council Grant Application Page 2 5. Estimated project start date: 01 October 2002. 6. Estimated project duration: one year. 7. Total amount requested: $96,954.00 8. If the full amount requested cannot be awarded, can the program / project be Restructured to accommodate a smaller award? No X Yes _ 9. Identi~~ the goals and objectives for the project: lo monitor the performance and condition of the two l-groins and two restored x~ God groins in relation to the Gordon Pass Inlet Management Plan. To repair structures and add sand if needed. 10. Describe what benefits will be received from the project: Continued monitoring is required by the permiuing a~encies and it wil! ensure tha~ the structure~ are functioning as designed, to hold sand on the Naples Beach and prevent its rapid migration into Gordon Pass. 11. Describe how the effectiveness of the project will be evaluated: The projec~ will be monitored in compliance with the penn, it conditions. 12. Describe how the project enhances existing Count' Tourist Developmem programs: Keeping sand on the Naples Beach and out of Gordon Pass provides a benefit for boil', ti~e boaters and beach visitors, and manx' o£them are tourists who are paying the tourist tax. 13. Describe how financial resources will be monitored. Projec'~ finances v,411 be monitored by the Finance Department of the Cip,.; of Naples. Collier Count' Tourist Development Council Grant Application Page 3 14. Please complete the following questions and provide additional information, if neeessa~': · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes Is the proposed project part of the ongoing Collier Count~' beach restoration project and/or pass maintenance/dredging/management projects7 Is the proposed project required by a regulatoD' agency as a condition for approval/funding the Collier Count-,' beach restorations projects? Yes Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? MAY 1 4 Collier Count).' Tourist Development Council Grant Application Page 4 Yes Is there a potential for an alternative/matching funding source? No If "Yes", please identify Is the project consistent with the Collier CounW Growth Management Plan and/or standing Board of Count3.' Commission action? Yes · Has the project been reviewed and recommended by the Coastal Advisor' Committee? ¥e$ I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Offi~ial'o~ Designee MAY 1 A ~002 ~. ~7 Collier Countx Tourist Development Council Grant Application Page 5 See appended letter PROJECT BUDGET HUMISTON & MOORE ENGINEERS COASTAL ENGINEERIN~ DESIGN &ND PERMITTING February 28, 2002 Dr, Jon Staiger, Natural Resources Manager City of Naples 735 Eighth Street South Naoles, FL 34102 Sent via Facsimile Contract Amendment for Project Monitoring 2002/2003 30.-Month and 36-Month Survey and 3-Year Report South Gordon Ddve Beachfront T-Groin Project HM File No. 9-062 De~r Jon, ~ response to your request, we are providing you with this proposal to amend our contract for professional services to include the third year of monitoring and reporting requirements associated with your State Department of Environmental Protection permit for the -~?~nc~d project above. ,:, .~e.~"iption of the proposed monitoring services i$ provided below, We have provided an ~stimated cost for each catego'y as well as a total not to exceed amount. We have structured this agreement in this manner at the direction of the City staff and will be billing on a time and materials basis in accordance with our attached fee schedule dated Janua~ '.,, 2002, or an updated Fee Schedule in effect at the time of the work. ~asic Services A. 30-Mo_rlth Monitodn¢l (Lump ~um) -2-.~sch and hyclrographlc survey, 37 wading depth profiles) $3,120.00 Data reduction and analysis .................................................................... $4,110.00 Coordination with adjacent property owners ancl their engineer ............... $2,522.00 Subtotal for Task A: ............................................................................................... $9,752.0C E:. 24-Mortth Mqn. i[odnfl (L,_u_mp Sum} 4. Beach and hydrographic survey, (23 offshore profiles, 14 wading depth) ................................................................................. $10,910.00 5. Data reduction and analysis .................................................................... ~1,710.00 ~ IR~port ....................................................................................................... S9,440. OO - Compaction ............................................................................................. $2,13000 ;3. Coordination with adjacent property owners and their engineer ............. $2,522.00 Subtotal for Task B: ............................................................................................ $29,71200 I of 2 ~c. HAY 1 q 2002 -oral for Basic Services ...................................................................................... $39A64.00 Additional Services C. Contingency Fill Placement (T&M) ?. Full Survey, if needed, . .......................................................................... $10,910.00 ~0. Analysis and adrninlstration of fill placement, construction observation, wading depth surveys for post fill and payment review ....... $8,65000 11. Fill placement of 1,000 cy at $15/yd plus site restoration~ ...................... $20,000.00 Subtotal for Task C: ............................................................................................ $39,560.00 M;ir~tenance of T-groins and buoys Wale maintenance, rock adjustment and buoy maintenance ................... $10,430.00 Total for Additional Services: .............................................................................. ~49.990.00 3o~tinE'ency for meetings with City, presentation to City or Beach Committee, and DEP (T&M) .................................................................. $7,500.00 Total for Basic and Additional Se~ices and contingency: ..................................~;98.954.00 fn summary we recommend a budget of $39,464 for basic services and an additional ~9,990.00 for contingency surveys, fill placement and structure and buoy maintenance. ~ased on the current performance of the structures, we do not believe the contingency fitl o~acement and related services will be required. We propose to pro¥ide services under Tasks A and B es lump sum a,~d the remainin~ ~e~.$ as time and materials in accordance with the attached fee schedule dated January 1, S':.~2, (or an updated Fee Schedule in effect at the time of the work) included as part cf ,:~is letter of agreement. Should services be requested which extend beyond the scope of services referenced above, such services will be provided as Additional Services in accordance with the our current fee schedule and general conditions in effect at the time of yOU have any questions regarding this agreement, please cai!. Sincerely yours, ;-IU MISTON~S~ ~E ENGINEERS Brett D. Moore, P.E. Attachments A budget of $20.000 is recommendecl for contingency fill placement on the downddff shoreline {~000 cy at $15Iyd, plus site ecc~-~s restoration) and within the structures, if deemed necessary by ..~em3it conCiltions and monitoring results. HUMISTON & MOORE ENGINEERS COASTAL ENGINF~ E II. iN G AND PERMITTING 5679 S'll~D C(3U~, uNTr ~ t 0 PHONE: ~4 ! ,~4 ,~02 t FEE SCHEDULE Humiston & Moore Engineers January 1,2002 .=r[nctpal Engineer' Senior Engineer' Engineer II Engineer I Permitting Coodtnator Senior Technician Technician Administrative Assistant Plotting (Printing done in house) Photo/Bond Vellum $150.00Iht $100,001hr $80.00/hr $70.00/hr $65.00/hr $55.00/hr $45.00/hr $50.00/hr $25.001Sheet $10.00lSheet Professional Engineer, or Engineer Ph.D. -i~r® will be a 10% markup on all expenses not specifically listed above as well as for any necessary subconsultants or laboratory fees. Invoicing will be provided on a monthly basis unless specified differently in the contract. Payments are due upon receipt of invoice, A late payment charge of 1.5% per month, calculated from the date of invoice, ,m~y be imposed on any unpaid balance which remains unpaid more than 30 days from the -.'zt-_~ of invoice. MAY 1 2002 HUMISTON & MOORE ENGINEERS ¢' OAST,A L ENGINEERING dESIGN AND PERNIITTING PAX:~<I 10 HUMISTON & MOORE ENGINEERS Standard General Conditions for Professional Services Contracts January 1,2002 The purpose of these standard General Conditions is to govern all services perforT'ned by Humiston & Moore E~gineers, for Services Humiston & Moore Engineers (ENGINEER) will bill Client (OWNER) monthly, on a time and materials Oasis. '? services rendered. Payment of bills is due within thidy days of the invoice date. If the OWNER fails to m~te any payment clue for services and expenses within thirty days, the amounts 0ua shall include a Jme :h~-_ce at the rate of 1.5% per month beginning On ti~e thirtieth clay after the date of the invoice, and in .?Cdltion. after giving seven days wdtl, en not,ce services under this agreement may be suspendeC until such t~me as full payment ~s made for amounts due. ENGINEER shall De entitled to collect reasonable fees and costs, including attorneys fees and interest, should it be required to obtain collection of any amount due under ~is agreement by court action or settlement without court action. ;.¢r,e~otiation of Fee~ ;3'.NEER reserves the right to renegotiate fees on an annual basis to reflect changes in price indices end sca;es applicable to the perle0 ween the se,~ices are rendered. A':=itionat Services, Reimbursable Expenses, and Application Fees ,,:~dC:.tiona: Services not specifically included in the description of Basic Services will be provided at the cost of t;me and mated, als. Additional services may include any other services requested by OWNER, such as design and plan modifications, responding to requests of regulatory agencies, attendance at meetings and hearings, makir~ presentations and time spent preparing for same. Reimbursable expenses associateC wit- travel, copies, faxes, application fees, laboratory testing fees, etc., will be billed at cost plus 10%, with exception of mileage which will be bitled at the prevailing government rate. ApDlic~tlon fees and impa¢ fees, e~c.. ~re the responsibility of OWNER; if paid by ENGINEER such fees will be subject to the same markup as ~ther reimbursabIe expenses. Delays The OWNER recognizes and agrees that various factors both within and without the cantrot of ENGINEER c~r, c.~rete to delay the performance of the work, the issuance of permits and licenses, and the overai: ccnsYuction of the project. The OWNER agrees that it shall not be entitled to any claim for damages on ¢cccunt of hindrances or delays from any cause whatsoever including but not limited to: the production of contract documents; issuance of permits from any agency; beginning or completion of construction; or performance of any pr~ese of work pursuant to Ihis Agreement. HUMISTON & MOORE, Standard General Conditions, page 1 of 2 HAY 1 2002 Project Representation It is customary for ENGINEER's responsibilities to include services ~rougr~ the Bidding or Negotiation end Construction phases in order to interpret and clarify ENGINEER's documentation, to give OWNER some oe?ee of assurance (but not a guarantee) that what CONTRACTOR produces is generally in accordance .~.'".~ the contract documents. If ENGINEER's responsibilities as iOentified elsewhere in this contract do not :.::~c'fca'[y include construction observation services, then OWNER shall indemnify and hold harmless E:',JGINEER from all ctaims, damages, loses and expenses including attorneys fees resulting from any interpretation, clarification, substitution acceptance, shop drawing or sample approval issued by OWNER or others. L'.~.:tct~o~ of Liability ,~',.'NER and ENGINEER agree that because of the risks, rewards and benefits of the project relative to tr~e design professional's total fee for services, that the risks have been allocated such ~at, to the fullest extent cermi,"ted by taw, ENGINEER's total liability to OWNER for any and all claims, for economic losses, ?::3~:cses or damages arising out of this agreement from, any cause or causes, shatl not exceed the total ---:_'-* o' S' 0900 or the amount of the fee charged for the specific services described, whichever is greeter. Z_ :-. c~:.;ses iqclude. Ddt are not limit, ed to. design professional's negl;gence, errors, omissions, stncthdb,,.),,"* ';' 3reach of contract or breach of warranty. This limitation of liability s~hall not apply to damages arising from personal injury Or property damage. Termlnatior~, --E ?bi:ga.*,iOn tO prowde fu,-tr~er se~ces under this Agreement may be re'minuted by eit,~er party upon c~ys writte-~ nobce in the event of subslantial failure by the other party to perform !n accordance v,,i?, the te~ms hereof through ~0 fault of the terminatin¢ puny. Responsibility .... re:des: by the Engineers. OWNER will provide ENGINEER with, any criter,a and informal,or: .%~ceming the OWNERs requirements for lhe project, as well as all existing site surveys and other site info,?nation. Document Reuse A:' cccuments prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service in resF, ect to the project and ENGINEER shall retain an ownership and property interest therein where, or not the project is completed. Any reuse without wntten verification or adaptation by ENGINEER will be a: OWNER's sole risk, and OWNER Shell indemnify and hold harmless ENGINEER from all cJaims, damages, 'cssss a,"d expenses including attorneys' fees resulting therefrom. HUMISTON & MOORE, Standard General Conditions, page 2 of 2 HUMISION & Mol~r~ ENGINEEr, S · NAPLES, FLOEtDA Collier CounW Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement,, maintenance renourishrnent. restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: A dministrator Collier Count), Tourist Development Council Counw Administrator 330] East Tamiami Trail Naples, FL 34112 Name and Address of Applicant Organization: Cig' of Naples 735 Eighth Street South Naples, FL 34102 Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 Organization's Chief Official and Title: Bonn/e R. MacKenzie, Mayor Brief Project Description: Change in allocation of existing funds to complete the Gordon Pass Jetty Sand- Tightening Project. EXHIBIT A MAY 1 q 2002 Collier Count' Tourist Development Council Grant Application Page 2 6. 7. 8. o 10. 11. 12. Estimated project start date: 01 April 2002 Estimated project duration: 120 days Total amount requested: $80,083.00 If the full amount requested cannot be awarded, can the program / project be ResWuctured to accommodate a smaller award? Yes No X Identify the goals and objectives for the project: The goal of the project is to make the Gordon Pass jet-ty impermeable to sand. so tha,~ sand placed south of the je~- during normal maintenance dredging of the Pass stays on the beach of Key Island. and does not flow back into the pass through the jerry. D~cribe what benefits will be received from the project: It will help reduce the frequency of Pass dredging events and help reduce sand loss from the beach at the north end of Key lslaad. Describe how the effectiveness of the project will be evaluated: Post-construction mor~oring will demonstrate its effectiveness~ Describe how the project enhances existing CounW Tourist Development programs: Facilitating the State-mandated bypassing of sand ~o the down&i~ beach while keeping. that sand out of Gordon Pass provides a benefit for boaters and beach visitors, and is an integral part of the Gordon Pass Inlet Management Plan and the overall beazh management program for Collier County. 13, Describe how financial resources will be monitored. Finances will be monitored by the Finance Department of the City of Naples. Collier CounD' Tourist Development Council Grant Application Page 3 14. Please complete the fotlowing questions and provide additional information, if necessary: Does the proposed expenditure further the obiectives outlined in the Mission Statement? Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? ¥e$ Is the proposed project required by a regulator~~ agent' as a condition for approval/funding thc Collier CounD' beach restorations projects? Probably Will the proposed project contribute significanth., to the progress of the beach restoration projects? No · Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? No · Will the project improve understanding of alternative technologies that ma)' contribute to a cost-effective beach restoration project? ~c. / ~, MAY I 4 2002 Collier Counb' Tourist Development Council Grant Application Page 4 NO Is there a potential for an alternative/matching funding source? Yes If "Yes", please identify. The pro. ie~t has a matching f~6 gram from thc Department of Environmcmal Protection. Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County. Commission action? Y¢$ · Has thc project been reviewed and recommended by the Coastal Adviso~' Committee7 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that ray organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee Date: Coltier Counl3' Tourist Development Council Grant Application Page 5 PROJECT BUDGET The low bid for the jetty sand-tightening prqiect is $729,721.00 and the project- engineering contract is a not-to-exceed cost of $80~445.00. The DEP grant will match 50% of the total, $405,083.00. The current TDC grant for the project is $325,000.00. We request that the difference between the existing grant and the project total cost, less the DEP grant, be transferred from another IDC grant,, project number 10261. Gordon Pass Inlet Mmmgement, $129,375.00. The difference is $80,083.00. a sum within the budget for project 10261. Project 10261 was intended to be used 'for engineering associated with Gordon Pass dredging. Since the U.S..ad-my Corps of Engineers will be undertaking the dredging this fall the funds cma be used for other inlet management tasks. AG£ND~ MAY 1 4 2002 Collier Count)' Tourist Development Council GRANT APPLICATION HIDEAWAY BEACH AND T-GROIN MONITORING EXHIBIT A Si 6. 7. 8. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hove]l. Coastal Prolects Manaeer Public Utilities Engineering Department Phone: 530-5342. FAX: 7'~ ~q'~6 Organization's Chief Official and Title: Commissioner James N. Colletta. Chairman Board of County Commissioners Brief Project Description: This project consists of monitoring activities associated with Hideaway Beach and T- Groin permits. Estimated project start date: October 2002 Estimated project duration: One {1) year Total amount requested: $100~000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? HAY I 2002 Collier County Tourist Development Council Category "A" Grant Application Page 2 10. 11. Yes (X) No ( ) Identify the goals and objectives for the project: This project consists of montorine activities associated with Hideaway Beach and T- Groin permits. Describe what benefits will be received from the project: Monitoring of the restored beaches is required by permitting agencies and will enable future permits. Describe how the effectiveness of the project will be evaluated: The results of the annual proiect monitoring pro_,zram will provide an evaluation of the project performance. 12. Describe how the project enhances existing County Tourist Development programs: Proper maintenance of the beach will help to ensure the viability of the area's maio7 tourist attractions. 13. 14. Describe how financial resources will be monitored: The proiect bud2et will be managed throuo_h the existin_o mana_oement structure of Collier Count,,' and will be administered by a project manager in the Public Utilities Engineering Department. The basis of the project budget consists of the estimated costs associated with maintenance of Collier County beaches. The total amount of the proposed bud_oet is $100.000. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? MAY 1 2002 ~. ,9'0_ Collier County Tourist Development Council Category "A" Grant Application Page 3 Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes (X) No ( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify: PlAY 1 4 2002 p~. Z/[ Collier Count)' Tourist Development Council Category "A" Grant Application Page 4 Is the project consistent with the Collier Count)' Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Coastal Advisory Committee? This application was considered by' the Coastal Advisory Committee on March 15. 2002. Their recommendation will be forwarded separately. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that mx' organization will comply with all guidelines and criteria. Roy Anderson. P.E., Director. Public Utilities Engineenng Department Signature of Organization's Chief Official or Designee Date: Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET BEACH MAINTENANCE ACTIVITIES ACTIVITY Professional Services - surveys (even' 6 months) - Monument reestablishment - Compaction testing -Analvsis and report -Additional services as requested AMOLNT $60.000.00 $9,000.00 $2,000.0O $20.00O.0O $9,000.00 TOTAL S100.000.00 MAY 1 q 2002 PG. '~,.~ Collier County Tourist Development Council GRANT APPLICATION TIGERTAIL LAGOON PROJECTION EXHIBIT A e 6. 7. 8. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person. Title and Phone Number: Ron Hovell. Coastal Projects Manao. e. er Public Utilities Engineering Department Phone: 530-5342. FAX: 732-2526 Organization's Chief Official and Title: Commissioner James N. Colletta. Chairman Board of Count,, Commissioners Brief Project Description: This project consists of engineering services to project the future of Ti~ertail Lagoon and Sand Dollar Island. Estimated project start date: October 2002 Estimated project duration: One (1) year Total amount requested: $20~000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? ~,GEnDt~ IT£M ~ ,. 1 q 2002 Collier County Tourist Development Council Category "A" Grant Application Page 2 10. 11. Yes ( ) No (X) Identify the goals and objectives for the project: A projection of the future of this area will allow for planning of facilities and services at Tigertail Beach Park and beach access. Describe what benefits will be received from the project: This proiect wilt help provide an aesthetically pleasing environment for the public. Describe how the effectiveness of the project will be evaluated: The future projection will be compared to actual changes to the area. 12. Describe how the project enhances existing County Tourist Development programs: Proper maintenance of the beaches will help ensure the viability of the area's major tourist attractions. 13. 14. Describe hovr financial resources will be monitored: The project budget will be managed throu_oh the existing management structure of Collier County and will be administered by a project mana~oer in the Public Utilities Engineerin~ Department. The basis of the project bud~oet consists of the estimated costs associated with maintenance of Collier County beaches. The total amount of the proposed budget is $20,000. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) aGE. nOt, MAY 1 q 2002 Collier County Tourist Development Council Category "A" Grant Application Page 3 Does the proposed expenditure fairly distribute monies to different geographic areas of the Count)'? Yes( ) No(X) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier Count)' beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulator)' agency as a condition for approval/funding the Collier Count)' beach restoration projects? Yes(X) No( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify: AG£klDA iT£~ ~' Nc,.. /6 ~ "~ MAY 1 2002 Collier County Tourist Development Council Category "A" Grant Application Page 4 · Is the project consistent with the Collier Count)' Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) · Has the project been reviewed and recommended by the Coastal Advisor)' Committee? This application was considered bv the Coastal Advisory Committee on March 15. 2002. Their recommendation will be forwarded separately. I have read the Beach Renounshment and Pass Guidelines and criteria and agree that mx' organization v,'ill comply with all guidelines and criteria. Roy Anderson, P.E., Director, Public Utilities Engineenng Department Signature of Organization's Chief Official or Designee Date: 2002 Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET TIGERTAIL LAGOON PROJECTION ACTIVITY Professional engineering services AMOUNT $20.000.00 TOTAL $20.000.00 MAY 1 4 2002 1~ Collier County Tourist Development Council GRANT APPLICATION MARCO ISLAND BEACH MONITORING EXHIBIT A e 6. 7. 8. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. FL 34112 Contact Person. Title and Phone Number: Ron Hovell. Coastal Projects Manao_er Public Utilities Engineering Department Phone: 530-5342. FAX: 732-2526 Organization's Chief Official and Title: Commissioner James N. Colletta. Chairman Board of County Commissioners Brief Project Description: This project consists of monitoring activities associated with the Marco Island beach renourishment permits. Estimated project start date: October 2002 Estimated project duration: One {1) year Total amount requested: $22~000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Collier County Tourist Development Council Category "A" Grant Application Page 2 e Yes ( ) No (X) Identify the goals and objectives for the project': .... This project consists of montoring activities associated with the Marco Island beach renourishment permits. 10. 11. Describe what benefits will be received from the project: Monitoring of the restored beaches is required by permitting agencies and will enable future permits. Describe how the effectiveness of the project will be evaluated: The results of the annual project monitoring program will provide an evaluation of the proiect performance. 12. Describe ho;v the project enhances existing County Tourist Development programs: Proper maintenance of the beach will help to ensure the viability of the area's major. tourist attractions. 13. 14. Describe how financial resources will be monitored: The project budget will be managed through the existing management structure of Collier County and will be administered by a project manager in the Public Utilities Engineering Department. The basis of the project budget consists of the estimated. costs associated with maintenance of Collier County beaches. The total amount of the. proposed budget is $22,000.. Please complete the following questions and provide additional information, if necessary: ,, -' Does the proPosed expenditure further the objectives outlined in tb,~ Mission Statement? Collier Count)' Tourist Development Council Category "A" Grant Application Page 3 Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes(X) No( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify: IT£~' NO.~ 2002. Collier County Tourist Development Council Category "A" Grant Application Page 4 Is the project consisten! with the Collier County Growth Management Plan and/or standing Board of County Commission action? ~. Yes(X) No( ) Has the project been reviewed and recommended by the Coastal Advisory Committee? This application was considered by the Coastal Advisory Committee on March 15, 2002. Their recommendation will be forwarded separately. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Roy Anderson, P.E., Director, Public Utilities Engineering Department Signature of Organization's Chief Official ~ Designee, ____ Date: AGENDA I TE~/' P1A 1 2002. Collier Count)' Tourist Development CoUncil Category "A" Grant Application Page 5 PROJECT BUDGET BEACH MAINTENANCE ACTIVITIES ACTIVITY Professional Services - surveys and report AMOUNT $22,000.00 TOTAL $22,000.00 AGENDA I TEI,~ .o. ./~ 4- MAY 1 ~ ?007. EXHIBIT A Collier County Tourist Development Council GRANT ,~ PPLIC~TION MARCO ISLAND SEGMENTED BREAKWATER MONITORING Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Projects Manager Public Utilities Eno. qineering Department Phone: 530-5342. FAX: 732-2526 6. 7. Organization's Chief Official and Title: Commissioner James N. Coiletta, Chairman Board of County Commissioners Brief Project Description: This project consists of monitoring activities associated with the Marco Island breakwater permits. Estimated project start date: October 2002 Estimated project duration: One (1) .year Total amount requested: $20,000.00 .,'? ¥.- e. ?~:~.', .... .c;:';~P_~ ..--e~'::cz'~ed ~'~: ~' b~ aw~rde~, can the progranffproject be ?estructufed to accommodate a smaller award? AGenDA ITE~r MAY 1 4 200Z ,,. P~. ~ Collier County Tourist Development Council Category "A" Grant Application Page 2 e 10. 11. Yes ( ) No (X) Identify the goals and objectives for the project: This project consists of montoring activities associated breakwater permits. with the Marco Island Describe what benefits will be received from the project: Monitoring of the restored beaches is required by permitting aeencies and will enable future permits. Describe how the effectiveness of the project will be evaluated: The results of the annual proiect monitoring program will provide an evaluation of the proiect performance. 12. Describe how the project enhances existing County Tourist Development programs: Proper maintenance of the breakwater, which helps protect the beach, will help to ensure the viability of the area's maior tourist attractions. 13. 14. Describe how financial resources will be monitored: The proiect budget will be managed through the existin~ management structure of Collier County and will be administered by a project manao~er in the Public Utilities Engineering Department. The basis of the project budeet consists of the estimated costs associated with maintenance of Collier County beaches. The total amount of the proposed bud_oet is $20,000. Please complete the following questions and provide additional information, if necessary: ,,e p, OFoSe- ~:pz,: ;~u:re furlhm' the z, bj-,:t":,es ouffined in the Mission Statement? Collier County Tourist Development Council Category "A" Grant Application Page 3 Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations7 Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes(X) No( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? Yes ( , 1'76 ( I( ) If "Yes", please identify: .o. /~ HAY 1 2OOZ Collier County Tourist Development Council Category "A" Grant Application Page 4 Is the project consistent w:".th ,he Coll:, Count)' Gro~vth Management Plan and/or standing Board of Coun:.: Com..assion action? Yes(X) No( ) Has the project been reviewed .and recommended by the Coastal Advisory Committee? This application was considered by the Coastal Advisory Committee on March 15, 2002. Their recommendation will be forwarded separately.. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Roy Anderson, P.E.. Director. Public Utilities Engineerino. e Department Signature of Organization's Chief Official or Designee Date: :/- ~c' ~ ~ i. AGENDA ITEM.~ MAY I 4 2002 Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET BEACH MAINTENANCE ACTIVITIES ACTIVITY Professional Services - surveys and report AMOUNT $20,000.00 TOTAL $20,000.00 Collier County Tourist Development Council GRANT APPLICATION CAXAMBAS PASS MONITORING EXHIBIT A e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell. Coastal Projects Manager Public Utilities Eno~ineering Department Phone: 530-5342, FAX: 732-2526 e Se 6. 7. 8. Organization's Chief Official and Title: Commissioner James N. Colletta, Chairman Board of County Commissioners Brief Project Description: This project consists of activities associated with Caxambas Pass permits. Estimated project start date: October 2002 Estimated project duration: One (1) year Total amount requested: $20~000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate ~ zmaF~- award? Yes ( ~ No (X) 200?. Collier County Tourist Development Council Category "A" Grant Application Page 2 10. 11. Identify the goals and objectives for the project: This proiect consists of monitoring activities associated with Caxambas Pass permits. Describe what benefits will be received from the project: Monitoring the restored beaches is required by permitting agencies and will enable future permits. Describe how the effectiveness of the project will be evaluated: The results of the annual project monitoring program will provide an evaluation of the project performance. 12. Describe how the project enhances existing County Tourist Development programs: Proper maintenance of the channel will help protect the beach and help to ensure the viability of the area's major tourist attractions. 13. 14. Describe how financial resources svill be monitored: The project budget will be managed through the existing management structure of Collier County and will be administered by a project manager in the Public Utilities Engineering Department. The basis of the project budget consists of the estimated costs associated with maintenance of Collier County beaches. The total amount of the proposed budget is $20,000. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? .... .' Yes (X) i:: ) /NY 1 h 200 Collier County Tourist Development Council Category "A" Grant Application Page 3 Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes(X) No( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? Yes( ) No(X) · If "Yes",.please identify: m0. //o FlAY 1 q 2002 / Collier County Tourist Development Council Category "A" Grant Application Page 4 · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) · Has the project been reviewed and recommended by the Coastal Advisory Committee? This application was considered by the Coastal Advisory Committee on March 15, 2002. Their recommendation will be forwarded separately. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Roy Anderson, P.E., Director, Public Utilities Engineering Department Signature of Organization's Chief Official or Designee/~, Date: J/- ~' ~ ' ~'' MAY 1 q 2002 Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET BEACH MAINTENANCE ACTIVITIES ACTIVITY Professional Services - surveys and reports AMOUNT $20,O00.00 TOTAL $20,000.00 AGENDA ITfl~ / PG. ~3 _ Collier County Tourist Development Council GRANT APPLICATION ANNUAL BEACH RENOURISHMENT EXHIBIT A e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Projects Manager. Public Utilities Engineering Department Phone: 530-5342, FAX: 732-2526 e e 6. 7. :2, Organization's Chief Official and Title: Commissioner James N. Colletta, Chairman Board of County Commissioners Brief Project Description: This project consists of activities associated with renourishing approximately 50,000 cubic yards of sand on any of Vanderbilt, Park Shore, Naples or Marco Island beaches. Estimated project start date: October 2002 Estimated project duration: One (1) year Total amount requested: $1,000~000.00 ~i'? ":'~' ~?.~:'V ~.~,~u::t ~:luested cannot be awarded, can the progranffproject be restructured to accommodate a smaller award? NO. ~ ~ I 2002 Collier County Tourist Development Council Category "A" Grant Application Page 2 10. 11. Yes ( ) No (X) Identify the goals and objectives for the project: This project will extend the timing of the next maior renourishment project. Describe what benefits will be received from the project: Restoring smaller areas of the beaches will allow for deferring the next major renourishment project. Describe how the effectiveness of the project will be evaluated: The results of the annual project monitoring program will provide an evaluation of the proiect performance. 12. Describe how the project enhances existing County Tourist Development programs: Proper maintenance of the beaches will help protect the properties along the beach and help to ensure the viability of the area's maior tourist attractions. 13. 14. Describe how financial resources xvill be monitored: The project budget will be managed through the existing management structure of Collier County and will be administered by a project manager in the Public Utilities Engineering Department. The basis of the project budget consists of the estimated costs associated with maintenance of Collier County beaches. The total amount of the proposed budget is $1,000,000. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Miss!o~. Stato..me_n_t? Yes(X) No( ) MAY I 2002 L Collier County Tourist Development Council Category "A" Grant Application Page 3 Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as'a condition for approval/funding the Collier County beach restoration projects? Yes (X) No ( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes"; please identify: AG£NOA ITEN. / NO.~ lq200 ] PG...,, Collier County Tourist Development Council Category "A" Grant Application Page 4 Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Coastal Advisory Committee? This application was considered by the Coastal Advisory_ Committee on March 15, 2002. Their recommendation will be forwarded separately. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Roy Anderson. P.E., Director, Public Utilities Engineering Department Signature of Organization's Chief Official or Designee Date: MAY ! 20O2 Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET BEACH MAINTENANCE ACTIVITIES ACTIVITY Trucking, placing and grading upland sand AMOUNT $1,000,000.00 TOTAL $1,000,000.00 AC, i' aDA MAY 1 ~ 2002 Collier County Tourist Development Council GRANT A~' PLIC~ r?iON ANNUAL DUNE / STRUCTURE MAINTENANCE EXHIBIT A Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. FL 34112 Contact Person, Title and Phone Number: Ron Hovell. Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 732-2526 e 6. 7. $. Organization's Chief Official and Title: Commissioner James N. Colletta, Chairman Board of County Commissioners Brief Project Description: This project consists of activities associated with maintenance of existing facilities on the Collier County, City of Naples and City of Marco Island beach and inlet projects. Estimated project start date: October 2002 Estimated project duration: One (1) year. Total amount requested: ~;300,000.00. rest~:uc;ared to accommodate a smaller award? oar, ~.~ r~r~oro"'/')roiect be MAY 1 4 2002 __. · Collier County Tourist Development Council Category "A" Grant Application Page 2 10. 11. Yes ( ) No ( X ) Identify the goals and objectives for the project: Dune maintenance including re-vegetation, maintenance of structures, beach tilling, post-storm clean-up, beach grading and channel marker maintenance. Describe what benefits will be received from the project: All of these activities will extend the longevity of the project and provide an aesthetically pleasing environment for the public. Describe how the effectiveness of the project will be evaluated: The results of the annual project monitoring program will provide an evaluation of the project performance. 12. Describe how the project enhances existing County Tourist Development programs: Proper maintenance of the beaches will help protect the properties along the beach and help to ensure the viability of the area's maior tourist attractions. 13. 14. Describe how financial resources will be monitored: The project budget will be managed through the existing management structure of Collier County and will be administered by a project manager in the Public Utilities Engineering Department. The basis of the project budget consists of the estimated costs associated with maintenance of Collier County beaches. The total amount of the proposed budget is $300,000. Please complete the following questions and provide additional information, if necessary: · Does the pro[ .~,ed exper -~.~;.ure ft:rther the objectives outlined Mission Statemen.9 MAY 1 p~.. 76 Collier County Tourist Development Council Category "A" Grant Application Page 3 Yes(X) No( ) Does the propose3 expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes(X) No( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? ¥.:.( ) (x) If "Yes", please identify: AC,~NDA IT£~ ,- MAY' I 2002 Collier County Tourist Development Council Category "A" Grant Application Page 4 · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) · Has the project been reviewed and recommended by the Coastal Advisory Comnfittee? This application was considered by the Coastal Advisory Committee on March 15, 2002. Their recommendation will be for~varded separately. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Roy Anderson. P.E.. Director, Public Utilities Engineering Department Signature of Organization's Chief Official or Designee ,. AGENDA I T£1.~ ~o. /g, ?~. q HAY 1 z, 200Z PG. ~ Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET ANNUAL DUNE / STRUCTURE MAINTENANCE ACTIVITY Dune Maintenance Structure Maintenance - Segmented Breakwater - T-groins Channel Markers Dune Walkovers Other Structures Beach Tilling / Grading Post-Storm Clean-up AMOUNT $ 50,000.00 $150,000.00 $ 50,000.00 $ 50,000.00 TOTAL $300,000.00 MAY I q 2002 Collier County Tourist Development Council GRANT APPLICATION BEACH CLEANING OPERATIONS EXHIBIT A Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Murdo Smith, Beach and Water Manager Department of Parks and Recreation Phone: 353-0404, FAX: 353-1002 Se 6. 7. g. Organization's Chief Official and Title: Commissioner James N. Colletta, Chairman Board of County Commissioners Brief Project Description: This project consists of the activities associated with the beach cleaning operations using three sets of beach raking equipment. Estimated project start date: October 2002 Estimated project duration: One (1) year. Total amount requested: ~;245,000.00. If the full affiount requested cannot be awarded, can the program/?'uect be restructured to accommodate a smaller award? AG£NDA IT£N .o. /& MAY 1 q 2002 PG._ 7q Collier County Tourist Development Council Category "A" Grant Application Page 2 10. Yes ( ) No (X) Identify the goals and objectives for the project: This proiect consists of the activities associated with the routine beach cleaning operations. Such involves the use of three sets of beach raking equipment which remove debris and groom the beaches in Collier County, the City of Naples and the City of Marco Island. Describe what benefits will be received from the project: The results of the project will be to provide an aesthetically pleasing environment for recreational use of the beach. In addition this project enables an expedient and cost effective method for removin~ dead fish and other undesirable debris from the beach 11. followin_* unanticipated fish kills and minor storm events. Describe how the effectiveness of the project will be evaluated: Through public response and input from the Parks and Recreation Advisory Board. the Coastal Advisory Committee and the Coastal Proiects staff. 12. Describe how the project enhances existing County Tourist Development programs: Proper appearance of the beaches will help ensure the viability of the area's major tourist attractions. 13. Describe how financial resources will be monitored: The project budget will be managed through the existing management structure of Collier County and will be administered by a project manager in the Parks and Recreation Department. The basis of the project budget consists of the estimated costs associated with the beach cleaning operation. The total amount of the proposed budget is $245,000. 2002 Collier County Tourist Development Council Category "A" Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes( ) No(X) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the.project improve understanding of alternative technologies tha: may contribute to a cost-effective beach restoration project? Yes ( ) No ( X ) .o. //. 1 MAY 1 q 2002 PG. 7,~" Collier County Tourist Development Council Category "A" Grant Application Page 4 Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify: Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( )' Has the project been reviewed and recommended by the Coastal Advisory Committee? This application was considered by the Coastal Advisory Committee on March 15,. 2002. Their recommendation will be forwarded se aratel . I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Marla Ramsev. Director De artment of Parks and Recreation S ionature of Organization' s Chief Official or Designee Date: Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET BEACH CLEANING OPERATIONS ACTIVITY Personnel Maintenance Fuel and Lubricants Equipment Cartage Trash Disposal AMOUNT $169,700.00 $ 45,000.00 $ 8,0OO.0O $ 5,000.00 $ 17,300.00 TOTAL $245,000.00 EXHIBIT A Collier County Tourist Development Council GRA. NT APPLICATION SEA TURTLE 1VIO?~TORII~G AND BEACH STUDIES Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. Florida 34112 e Contact Person, Title and Phone Number: Maura C. Kraus. Principal Environmental Specialist Collier County Natural Resources Department Phone: 732-2505 Fax: 774-8282 t Organization's Chief Official and Title: Commission James N. Colletta. Chairman Board of Countv Commissioners Brief Project Description: Monitor County and City beaches for sea turtle activities, conduct required studies and prepare and technical reports as required bv State and Federal permit. beach restoration and maintenance. 5. Estimated project start date: October 01. 2002 6. Estimated project duration: One (1'} year 7. Total amount requested: $142.000.00 MAY 1 4 200Z ColLier County Tourist Development Council Grant Application Page 2 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes~ No x._3_ 9. Identify the goals and objectives for the project: The following activities require coastal construction permits from the State of Florida and thus a sea turtle monitoring program. 1. Beach nourishment; 2. construction, excavation or maintenance of coastal inlet and related shoals; 3. beach cleaning and grooming activities landward of the mean high-water line. The following excerpts from current regulations (Chapter 16B-41 Rules and Procedures for Application for Coastal Construction Permits, Florida Administrative Code), provides for the scope of the permitting process and protection of marine turtles as it relates to the aforementioned activities. 16B-41.001 Scope This chapter provides the requirements and procedures for the issuance, denial, transfer, renewal, modification, suspension and revocation of coastal construction perm/ts. In this Chapter Coastal Construction is defined as "any work or activity on or encroaching upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes." 16B-41.0055 Protection of Marine Turtles (Florida Administrative Code) (1) In keeping with the Departments Authority to protect marine turtles pursuant to Section 370.12, Florida Statutes, any application for a permit under this Chapter for coastal construction that affects marine tuffies shall be subject to the conditions and requirements for marine turtle protection as part of the permitting process. (2) The Department shall require appropriate measures to protect marine turtles and their habitat, such as: nest surveys, nest relocation, nest marking, modification of coastal construction, measures to reduce sand compaction, and short and long term monitoring to assess the impacts of the permitted coastal construction on marine turtles and their habitat. MAY 1 q 2002 PG. Collier County Tourist Development Council Grant Application Page 3 The Collier County Natural Resources, with as'iistance fr~':n Conservancy, Inc., monitor the following beaches for sea turtle nesting activities as a permitting requirement of the State. Barefoot Beach: construction, excavation or maintenance of Wiggins Pass (only that area included within the area of influence of Wiggins Pass; 1 mile north of Pass south to Wiggins Pass); pass material disposal location (renourishment) Vanderbilt Beach: beach nourishment; construction, excavat/on or maintenance of a .coastal inlet and related shoals (Wiggins Pass and Clam Pass); beach cleaning and grooming activities landward of the mean high-water line. Park Shore: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Clam Pass and Doctors Pass). Upland sand temperature studies as required by the State. City of Naples: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Doctors Pass and Gordon Pass) City of Marco Island: construction, excavation or maintenance of a coastal inlet and related shoals (Big Marco Pass and Caxambas Pass); Beach nourishment; Hideaway Beach T-Groin; beach cleaning and grooming activities landward of the mean high-water line. The duties and associated costs of the program are as follows: 1. Administrative/permitting 1. Reconnaissance and beach zoning including maintenance of DNrR monument markings 3. Daily monitoring (7 days/wk./beach -April 01-May 01 depending on renourishment schedules through Oct.31) 4. Evaluation 5. Mapping 6. Data entry 7. Disorientations (associated with beach profile) 8. Reports (Sea Turtle Protection Plan- Annual Report; special reports per each beach nourishment and T-goin units) 9. Mobilization/demobilization 10. Vehicle maintenance 11. Supplies 12. Sand studies including beach compaction, sand temperature and ground/surface water studies and associated reporting requirements AG£NI)A IT£~ ~ Collier County Tourist Development Council Grant Application Page 4 13. Dune vegetation monitoring and exotic removal 14. Nest relocation in construction areas 15. Monitoring and reporting of escarpments 16. Additional studies required as required State/Federal permits , The purpose of this application is to obtain funds to perform the requirements of a sea turtle protection program in the specified locations. 10. Describe what benefits will be received from the ro'ect: (a) The program enhances the potential for receipt of funding assistance from State and Federal Agencies for coastal construction, including beach nourishment and inlet management. (b) The program allows for numerous activities seaward of the State Coastal Construction Control Line (CCCL) to be conducted during the sea turtle season. (c) Allows activities otherwise prohibited during sea turtle nesting season to be conducted (i.e. beach rakin~cleaning). (d) Provides coordination with State and Federal agencies for the protection of threatened and endangered species. (e) Provides baseline data utilized by engineering consultants related to beach design which could result in a reduction of expenses to the County. (f) provides for beach sand compaction and other sand related studies as required by Federal and State permit conditions (g) Provides for monitoring of dune vegetation to assure survivability and exotic removal (h) Provides for the opportunity for beachfront property owners to conduct special events during sea turtle season 11. ~tiveness of the ro'ect will be evaluated: Prior to approval for implementation and construction, the beach nourishment and inlet management projects received extensive evaluation as to their effectiveness by the Florida Fish and Wildlife Conservation Commission, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers well as local environmental and permitting agencies. An annual report is submitted to the agencies and committees. The pro,am has gained State recognition and is used as an example as one of the most outstanding sea turtle pro,ams in the State due to the dedication and hard work of the staff. Collier County Tourist Development Council Grant Application Page 5 12. Describe how the project enhances existing County Tourist Development progr, ams:~ As a requirement for approval of beach nourishment and inlet management projects, provisions for monitoring sea turtle activities are instrumental in the implementation and management of these pro,ams. Beach renourishment and inlet management pro,ams help to ensure the viability of the area's major tourist attraction, the beach. In addition, staff records encounters with tourists and residents on a daily basis from May-October. Approximately 4,000 people are educated annually on the program and provides for an added attraction to their beach experience. 13. Describe how financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier County and will be administered by the Principal Environmental Specialist and the Director of the Natural Resources Department. The basis of the project budget consists of (1) Personnel and Operating Costs and (2) Equipment Costs associated with performance of the activities. 14. Please complete the following questions and provide additional information. if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement?, Yes (X) No 0 Beaches are the major tourist attraction in Florida and their management and restoration is of vital importance. This project directly impacts the ability to obtain permits for such restoration. · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) This project is a County-wide pro.am. AG£InDA ITEM . MAY 1 q 2002 PG. ~'S _ Collier Count)' Tourist Development Council Grant Application Page 6 Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address enviror~enta~. considerations? Yes (X) No ( ) Environmental issues and considerations are a major component of the project design and must be satisfactorily addressed to obtain permits from the regulatory agencies. Environmental awareness is also achieved through the distribution of brochures, ma/l-outs, and Public Service Announcement' s (PSA'S) funded by a separate grant. · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredgin~ management projects? Yes (X) No ( ) This project is essential to permitting, implementation and maintenance activities related to the Collier County Beach Restoration project, the Marco Island Beach Restoration project and six (6) inlet management projects. · Is the proposed project required by a regulatory agency as a condition for approvaVfunding the Collier County beach restoration projects? Yes (X) No ( ) Sea turtle monitoring, reporting and certain beach studies are a requirement for issuance of permits from the regulatory agencies for construction of the beach restoration project and gubsequent maintenance. · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No ( ) Successful and timely completion of this project is critical to implementation of beach construction and maintenance. MAY 1 q 2002 PG.~ Collier County Tourist Development Council Grant Application Page 7 Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes (X) No ( ) Efforts on this project will enhance the potential for receipt of state and federal funding assistance for the Collier County Beach Restoration project. Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) Comprehensive sea turtle monitoring data will provide a basis for cost effective construction scheduling. Is there a potential for an alternative/matching funding source? Yes ( ) No ( X ) · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) The criteria for design of this project provides for compliance with provisions in the Growth Management Plan (GlV[P). The Board of County Commissioners has endorsed this project and the proposed schedule. Provisions for sea turtle protection is a major consideration in the GMP. Has the project been reviewed and recommended by the Coastal Advisory Committee? Yes ( ) No ( ) AG£NOA IT£M ~- .o. /{,,4 " MAY 1 4 2buZ PG. ~' Collier County Tourist Development Council ' Grant Application Page 8 This application will be considered by the Coastal Advisory Committee on March 15,2002. Their recommendation will berforwm:,ded under separate cover. I have read the Beach Renourishment and Pass Guidelines and criteria and a~ee that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee Date: MAY 1 4 2002 Collier County Tourist Development Council Grant Application Page 8 PROJECT BUDGET SEA TURTLE MONITORING AND BEACH STUDIES ACTIVITY A: Personnel and Operating Costs B' Capital Expenditures AMOUNT $142,000. $ 00. TOTAL $142,000 f HAY I q 2002 Collier County Tourist Development Council cR~NT APPLICATION COUNTY-WIDE SAND SEARCH EXHIBIT A Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. FL 34112 Contact Person, Title and Phone Number: Ron Hovell. Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342. FAX: 732-2526 Organization's Chief Official and Title: Commissioner James N. Colletta, Chairman Board of County Commissioners Brief Project Description: This project is for engineering services to conduct a reconnaissance and comprehensive geotechnical investigation offshore of Collier County to identify offshore sand sources for use in beach nourishment projects. Research, analysis, and mapping of existing reports and data; a reconnaissance field survey: and comprehensive field surveys and geotechnical evaluation, including borrow area delineation and report preparation. 'Estini. a~ed projec/. Start date: October 2002 Estimated project duration: One (1) year Collier County Tourist Development Council Category "A" Grant Application Page 2 e e Total amount requested: $600,000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Identify the goals and objectives for the project: This proiect consists of searching for offshore sand sources within 40 miles of Collier County. 10. Describe what benefits will be received from the project: Identifying sand sources will allow for the long-term planning of major renourishment proiects throuehout Collier County. 11. Describe how the effectiveness of the project will be evaluated: The data will be reviewed by FDEP and local authorities for completeness. 12. Describe ho~v the project enhances existing County Tourist Development programs: Proper maintenance of the beaches will help protect the properties along the beach and help to ensure the viability of the area's major tourist attractions. 13. Describe how financial resources will be monitored: The project budget will be managed throuo~h the existing management structure of Collier County and will be administered by a project manager in the Public Utilities Engineering Department. The basis of the project budget consists of the estimated costs associated with eneineering services to perform the search. P',~,.:~ co~,~lete, tbe fellowing questions and provide additional information, if .necessary: AGENDA IT£~ NO. /d, d ~ MAY 1 4 2002 Collier County Tourist Development Council Category "A" Grant Application Page 3 Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulator>' agency as a condition for approval/funding the Collier Count>' beach restoration projects? Yes(X) No( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? i AG£IGA IT[M .r Collier County Tourist Development Council Category "A" Grant Application Page 4 Yes( ) No(X) If "Yes", please identify: Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Coastal Advisory Committee? This application was considered by the Coastal Advisory Committee on March 15, 2002. Their recommendation will be forwarded separately. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Roy Anderson, P.E., Director, Public Utilities Engineering Department Signature of Organization's Chief Official or Designee ~.~- .> ~-: __.__--- Date: AG£N~A IT£/~! .o. /~ ~ MAY I q 2002 ~G. Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET COUNTY WIDE SAND SEARCH ACTIVITY Professional Services - surveys and repons AMOUNT $600,000.00 TOTAL $600,000.00 AGENDA NO. /~ C MAY I q 2002 PG. Collier County Tourist Develooment Council GRANT APPLICATION BEACH EMERGENCY RESPONSE PLAN EXHIBIT A Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell. Coastal Projects Manazer Public Utilities Engineering Department Phone: 530-5342, FAX: 732-2526 e J Organization's Chief Official and Title: Commissioner James N. Colletta, Chairman Board of County Commissioners Brief Project Description: This project consists of developing a plan that describes the planning, preparation and actions needed to respond to major storm damage to the beaches of Collier County. The plan will develop the issues and describe the action including permits, preliminary plans and specifications, and funding options, that need to be addressed in responding to an emergency. Coordination with the Army Corps and State will be included as part of the planning process. "imated :~,',ojcct.,.~.,,' date: Oct~be:-.,.,,,02 Estimated project duration: One (1) year AG~NOA IT£1q~/' ' ~o. /~ d sp I MAY 1 q 200Z Collier County Tourist Development Council Category "A" Grant Application Page 2 e w 10. 11. Total amount requested: $25~000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Identify the goals and objectives for the project: This project consists of developing an emergency response plan to recover the beaches from a major storm. Describe what benefits will be received from the project: Obtaining the necessary permits along with specific plans will speed the storm recovery process. Describe how the effectiveness of the project will be evaluated: The plan will be reviewed by FDEP and local authorities for completeness. 12. Describe how the project enhances existing County Tourist Development programs: Quickly recovering from a major storm will enhance the ability of local businesses to attract tourists back to the area. 13. 14. Describe how financial resources will be monitored: The project budget will be managed through the existing management structure of Collier County and will be administered by a project manager in the Public Utilities Engineering Department. The basis of the project budget consists of the estimated costs associated with maintenance of Collier County beaches. Please comr}-,e the foEowing questions and provi, O.e additional information, if neci~ssary: ., No. /~ d ~ 1 q 20OZ Collier County Tourist Development Council Category "A" Grant Application Page 3 · Does the proposed expenditure further the objectives outlined in the Mission State_rleni? Yes(X) No( ) · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) · Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) · Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes(X) No( ) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) · Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) · Is there a potential for a?. alte"_,ative/matcning funding source? AG£~OA IT£H.t ~o. //. ~ ~P PlAY 1 q 2002 PG. '~,,~" Collier County Tourist Development Council Category "A" Grant Application Page 4 Yes( ) No(X) If "Yes", please identify: '. Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Coastal Advisory Committee? This application was considered by the Coastal Advisory Committee on March 2002. Their recommendation will be forwarded separately: I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Roy Anderson, P.E., Director, Public Utilities Engineering Department Signature of Organization's Chief Of0cial or Designee Date: MAY 1 q 2002 PG. Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET BEACH EMERGENCY RESPONSE PLAN ACTIVITY Professional Services AMOUNT $25,000.00 TOTAL $25,000.00 AG£ NDA IT£~I NO. /d d f MAY 1 ~ 2002 .a.. 77 EXHIBIT A Collier County Tourist Developme ,, Council Grant Application For Bayview Pedestrian Beach Access (Guffshore Drive N) Improvements e 6. 7. 8. e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Murdo Smith, Beach and Water Manager Department of Parks and Recreation Phone: 353-0404; Fax: 353-1002 Organization's Chief Official and Title: James N. Coletta, Chairman Board of County Commissioners Brief Project Description: Project consists of design, permitting and improvements to an existing pedestrian access at Bayview Street/Gulfshore Drive N Estimated project start date: March 2003 Estimated project duration: Six months Total amount requested: $125,500 If the full amount requested cannot be awarded, can the ~rogxam/project be restructured to accommodate a smaller award? Yes (x) No ( ) Identify the goals and objectives for the project: To improve~.the beach access with landscape, silage, boardwalk, pavers, benchers, etc. Collier County Tourist Development Council Grant Application Page 2 EXHIBIT A 10. !1. 12. 13. 14. Describe what benefits will be received from the project: Visitors to the beach will be able to access tkrough an improved access that is visually pleasing, provide handicap access, and is consistent with Collier County standards of quality. Describe how the effectiveness of the project will be evaluated: The project will be evaluated by the Parks and Recreation Beach and Water Manager and Project Manager. Describe how the project enhances existing County Tourist Development Programs: Enables beach access by providing a safe, convenient, and enjoyable beach access. Describe how financial resources will be monitored: The project budget will be managed through the existing f'mancial and management structure of Collier County and will be administered by a Project Manager in the Parks and Recreation Department The basis of the project includes estimates for the activities associated with the design, permitting, construction, and materials associated with improvements of the beach access. Bayview Street Beach Access Improvements = $125,500 Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (x) No ( ) · Does the proposed expenditure fairly distribute monies to different geographic areas of the County7 Yes (x) No ( ) · Does the proposed expenditure promote environmental awareness and - i understanding and does the proposed project address environmental considerations? NO. · / MAY 1 4 200Z Yes (x) Collier County Tourist Development Council Grant Application Page 3 No() EXHYBIT A Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenanceJdredgin~management, projects? Yes ( ) No (x) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes ( ) No (x) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes ( ) No (x) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes ( ) No (x) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes () No (x) Is there a potential for an alternative/matching funding source? Yes ( ) No (x) Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (x) No ( ) Has the project been reviewed and recommended by the Parks and Recreation Advisory Board? Yes IqAY 1 q 2002 Collier County Tourist Development Council Grant Application Page 4 EXHIBIT A Sig~nature: Marla Ramsey, Director, Department of Parks and Recreation Date: PROJECT BUDGET 2. 3. 4. 5. 6. 7. 8. 9. DESCRIPTION Desig~n, permitting Clearing and demolition Grading Landscape Pavers Sig-nage Repairs to boardwalk Site furnishings Contingency AMOUNT $10,000 10,000 7,500 25,000 30,00O 3,000 25,000 10,000 5.000 $125,500 HAY 1 p~. /ol Collier County Tourist Development Council Grant Application For Tigertail Walkway Design EXHIBIT A Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Murdo Smith, Beach and Water Manager Department of Parks and Recreation ~ 2 Phone: 353-0404; Fax: 35~-100 3. Organization's Chief Official and Title: James N. Coletta, Chairman Board of County Commissioners Brief Project Description: Design and perm/tting of a boardwalk from Tigertail Beach to Sand Dollar Island Estimated project start date: February 3, 20q2~ Estimated project duration: 1 year plus Total amount requested: $200,000 If the full amount requested cannot be awarded, can the prograrrdproject be restructured to accommodate a smaller award? Yes (x) No 0 Identify the goals and objectives for the project: To provide design and permitting for a boardwalk across the lagoon at Tigertail Beach to provide visitors an accessible passage to get to the beach. Currently, tourists are discouraged from using the beach due to the very long walk from the parking lot to the beach..Oft?.n this causes the visitor to abandon his plans to access the beach. The new Collier County Tourist Development Council Grant Application Page 2 10. 11. 12. EXHIBIT A boardwalk will minimize public interaction with the lagoon and instead will direct the visitors onto the most desirable beach. Describe what benefits will be received from the project: The project will provide visitors with an access in a safe manner to cross the lagoon to the beach while promoting environmental concern. Currently visitors either walk across the lagoon or walk over a mile along the southern portion of the beach to reach Sand Dollar Island. This boardwalk will also provide handicap access to the Gulf, as it is not currently available. Describe how the effectiveness of the project will be evaluated: The project will be evaluated by the Parks and Recreation Beach and Water Manager and the Project Manager. Describe how the project enhances existing County Tourist Development Programs: Encourages visitors to the beach access by providing a safe, convenient, and enjoyable access to the beach. This will be accomplished while keeping the environmental and wildlife concerns a top priority. 13. 14. Describe how financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier County and will be administered by the Beach and Water Manager and by a Project Manager in the Parks and Recreation Department. The basis of the project includes the designing and permitting of a boardwalk from Tigertail Beach to Sand Dollar Island Tigertail Walk'way Desig-n and Permitting = $200,000 Please complete the follo~Sng questions and proxSde additional information, if necessary: Does the proposed expenditure further the objectiveJ'ouflined in the Mission Statement? Yes (x) No ( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County9· Yes (x) No ( ) NO. /d, 6 k MAY 1 q 2002 Collier County Tourist Development Council Grant AppLication Page 3 EXHIBIT A Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (x) No ( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenanceddred~n~management projects? Yes () No (x) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes ( ) No (x) Will the proposed project contribute significantly to the progress of the beach ' restoration projects? Yes 0 No (x) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes ( ) No (x) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes 0 No (x) · Is there a potential for an alternative/matching funding source? Yes ( ) No (x) · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (x) No () MAY 1 q 2002 Collier County Tourist Development Council Grant Application Page 4 EXHIBIT A · Has the project been reviewed and recommended by the Parks and Recreation Advisory Board? Yes Signature: Maria Ramsey, Director, Department of Parks and Recreation Date: PROJECT BUDGET ITESI 1. 2. DESCRIPTION Design Permitting AMOUNT $150,000 50.000 $2O0,000 AG£NDI IT£~ NO./F,~ ~- . MAY 1 q 2002 EXHIBIT A Collier County Tourist Development Council Grant Application For Tigertail Beach Entrance 6. 7. 8. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Murdo Smith, Beach and Water Manager Department of Parks and Recreation Phone: ~3-040 , Fax: 353-1002 Organization's Chief Official and Title: James N. Coletta, Chairman Board of County Commissioners Brief Project Description: Project consists of design, permitting and improvements to the entrance at Tigertail Beach on Marco Island. Estimated project start date: April 2003 Estimated project duration: Six months Total amount requested: $150,000 If the 'full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (x) No ( ) Identify the goals and objectives for the project: To improve the entrance it Tigertail Beach with appropriate signage, toll booth irrigation, landscap~, p~.aving, .etc. Ac~ HAY PG. Collier County Tourist Development Council Grant Application Page 2 EXHIBIT A 10. 11. 12. 13. 14. Describe what benefits will be received from the project: Visitors to the beach will be able to access through an improved entrance that is safe, visually pleasing, a~nd improved efficiency that is consistent with the high quality standards of Collier County. Describe how the effectiveness of the project will be evaluated: The project will be evaluated by the Parks and Recreation Beach and Water Manager and Project Manager. Describe how the project enhances existing County Tourist Development Programs: Encourage visitor access to the park by providing a safe, convenient, aesthetically pleasing building to compliment the new buildings that have been erected at the site. Describe how financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier Count3' and will be administered by a Project Manager in the Parks and Recreation Department The basis of the project includes estimates for the activities associated with the design, permitting, construction, and materials associated with improvements to the entrance of the park. Tigertail Beach Entrance Improvements = $150,000 Please complete the ~ollowing questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (x) No ( ) · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (x) ' No ( ) NAY I q 2002 PG. /O 7 Collier County Tourist Development Council Grant Application Page 3 EXHIBIT A Does the proposed expenditure pcomote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (x) 1% ( ) Is the propose~ project part of the ongoing Collier County beach restoration project and/or pass maintenance/dred~ng/management projects? Yes () No (x) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes ( ) No (x) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes ( ) No (x) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes ( ) No (x) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes () No (x) Is there a potential for an alternative/matching funding source? Yes ( ) No (x) Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (x) No ( ) Collier County Tourist Development Council Grant Application Page 4 EXHIBIT A Has the project been reviewed and recommended by the Parks and Recreation Advisory Board? Yes Signature: Maria Ramsey, Director, Department of Parks and Recreation Date: PROJECT BUDGET ITEM. DESCRIPTION 1. Desig-n, permitting 2. Clearing and demolition 3. Grading 4. Irrigation 5. Landscape/site furniture 6. Booth 7. Contingency 10% AMOUNT $ 20,000 10,000 12,000 15,000 25,000 58,000 10.000 $150,000 HAY 1 z+ 2002 J Collier County Tourist Development Council 'GRANT APPLICATION PROJECT MANAGEMENT & MISC. FEES EXHIBIT A 1. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 e Contact Person, Title and Phone Number: Ron Hovell. Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 732-2526 Organization's Chief Official and Title: Commissioner James N. Colletta, Chairman Board of County Commissioners 6. 7. 8. Brief Project Description: This project consists of salaries and operational support to administer coastal projects. Estimated project start date: October 2002 Estimated project duration: One (1) year Total amount requested: $450,000.00 If the full amount requested cannot be awarded, can restructured to accommodate a smaller award? Yes ( ) No (X) the program/project be AG~,I~DA IT£N .o. //.r'_. t,/._ ! lqAY 1/-f 20O2 ~'G. IlO ..... Collier County Tourist Development Council Category "A" Grant Application Page 2 10. 11. 12. Identify the goals and objectives for the project: The proiect consists of budgeting fees for services provided by the Collier County. staff relative to management of coastal proiects. Describe what benefits svill be received from the project: Proiect management executes the contractual and technical documentation to move proiects forward. Describe how the effectiveness of the project will be evaluated: Interaction with the Coastal Advisor~ Committee, permittin~ agencies and other county staff will provide feedback. Describe how the project enhances existing County Tourist Development programs: Proper maintenance of the coast will help ensure the viability of the area's maior tourist attractions. 13. 14. Describe how financial resources will be monitored: The project budget will be managed through the existing management structure of Collier County and will be administered by a project manager in the Public Utilities Engineering Department. The basis of the project budget consists of the estimated costs associated with salaries and operational support. The total amount of the proposed budget is $450,000. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the · 'MissiOn Statement? Yes(X) No( ) MAY 1 4 2002 Collier County Tourist Development Council Category "A" Grant Application Page 3 Does the propos,4"expenditure fairly distribute monies to different geographic areas of the County? Yes( ) No(X) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County bcach restoration project and/or pass maintenance/dredging/management projects? Yes(X) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes(X) No( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes( ) No(X) Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify: Collier County Tourist Development Council Category "A" Grant Application Page 4 · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) · Has the project been reviewed and recommended by the Coastal Advisory Committee? This application was considered by the Coastal Advisory Committee on March 15, 2002. Their recommendation will be forwarded separately. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Roy Anderson, P.E., Director, Public Utilities Engineering Department Signature of Organization's Chief Offici,al or Designee Date: ~l-Z~,,. -ir y 1/3 _ Collier County Tourist Development Council Category "A" Grant Application Page 5 PROJECT BUDGET PROJECT MANAGEMENT ACTIVITY Salaries/benefits - 3 positions Operational Support - travel, supplies, telephones, etc. Tax Collector / misc. TOTAL AMOUNT $295,000.00 $ 24,000.00 $131,000.00 $450,000.00 EXECUTIVE SUMMARY APPROVE STAFF, COASTAL ADVISORY COMMITTEE AND TOURIST DEVELOPMENT COUNCIL RECOMMENDATIONS TO DISAPPROVE A TDC CATEGORY "A" GRANT APPLICATION FOR THE GOODLAND CANALS DREDGING DESIGN AND PERMITTING IN THE AMOUNT OF $150,000 OB,[ECTIVE: To obtain final disapproval of a Tourist Development Category "A" grant application as recommended by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: A Tourist Development Category "A" grant application for the design and permitting of the dredging of Goodland Canals was reviewed and recommended for disapproval by staff, the Coastal Advisory Committee on April 5, 2002, and by the Tourist Development Council on April 15, 2002. The County Attorney's office has written a legal opinion indicating that the project is not eligible for TDC tax funds. FISCAL IMPACT: There is no fiscal impact if the grant application is disapproved. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners disapprove the attached grant application for Tourist Development Category "A" funds in the amount of $150,000. SUBMITTED BY: ,~ Date: Ron Hovell, P.E., Coastal Pr~)jects Manager REVIEWED BY: /~"-' ?f-~~-~ ~ Date: ~:,."2 ~ Roy 1~. Anderson, P.E., Public Utilities Engineering Director APPROVED BY: ~~~~~_~ Date: _~~Oa-,. Thomas G. Wides, Interim Public Utilities Administrfitor R U. E. D. OFFICE OF THE COUNTYATTORN' Y R- 4: INTEROFFICE M~MORANDUM TO: FROM: DATE: RE: Ron Hovell, Coastal Projects Manager Jacqueline Hubbard Robinson, Assistant County Attorney March 29, 2002 Goodland Canals - Use of Tourist Development Revenues Query: The Goodland Civic Association has' sitbmitted a TDC grant application to cover engineering services for designing and permitting the dredging of the canals and the adjacent water bodies in and around Goodland. It would appear on the navigation chart for the area that north of Goodland is Goodland Bay, to the east is Coon Key Pass and to the south is Blue Hill Creek (the Big Marco River empties into Goodland Bay much like the Gordon River empties into Naples Bay). Please provide an opinion on TDC funding eligibility. The Coastal Advisory Committee · . · th as will be voting on recommendattons on Aprd 15 and h requested this opinion. Relevant Collier County Code of Laws and Ordinances Section: Section 126-83(a) of the Collier County Code of Laws and Ordinances perm/ts Tourist Development Tax revenues to be used "...to finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river." 50 percent of the net revenues of the two percent tax and 100 percent of the one percent tax, reduced by the amount required for Category D, may be used for these purposes. Response: After reviewing the actual configuration of the canals in question, they do not appear eligible for funding with Tourist Development Tax revenues. CC: David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney D. E. Wallace, Interim Tourist Development Council Administrator NAY 1 2OOZ P. U. E. D. '02MAR-~ PR 3:~3 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance EXHIBIT A Name and Address of Applicant Organization: Contact Person, TitJe and Phone Number: Organization's ChiefOfticiai and Title: Estimated project start date: Estimated project duration: Total amount requested: Brief Project Description: MAY-1 4 2002 PG. Collier CounD' Tourist Development Council Grant Application Page 2 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? / Yes ( ) No (v'~' Identify the goalst~nd objectives for the project: 10. !I. 12. Describe what benefits ~vill be received from the project: Describe h{m' the pro,iec.t enhances existing County Deveiopment pmgram s: 13. Describe how financial resources will be monitored: A~£NDA IT[N..---- HAY 1 2002 Collier County.' Tourist Development Council Grant Application Page 3 14. PLease complete the following questions and provide additional information, if necessa~': Does the proposed expenditure further the objectives outlined in the Mission Statement? / Yes ~ No ( Does the proposed expenditure fairly distribute monies to different geographic areas of the County.° Yes ( ) No (*/5') Does the proposed expenditure promote environmental a~'arenes> arid understanding and does the proposed project address environmentai considerations': / Yes(/~' No( ) Is tile proposed project part of the orig,)lng Coltic:' Count?' beaci~ resloration project and/or pass maintenance/dredging/manacemer: project~'? ~ Yes ( ~ '~o ~ 1.~ the proposed Project required bra rcguiawv: agent'.)' a:: :t c,.tnditi'- :: for approval/funding the Collier Count>' beach resmrathm pro)cots7 / Yes ( ') No i ~ Will tile proposed project contribute significanth' to the progress beach restoration projects? Yes( ) No( )uS/ Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing thc local/non-local ratio? Yes ( ) No (vf AC~I~NOA MAY 1 q 2002 PG, ,,~"' Collier County. Tourist Development Council Grant Application Page 4 Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach re~/~oration project': / Yes( ) No ( :14 Is there a potential for an alternative/matching funding source? -/ Yes ( ) No ( M// lf"Yes", please identig.' Is the project consistent with the Collier Count)' Growth Management Plan and/or standing Board of Count' Commission action': / Yes I , No ( ) Has the project been reviewed and recommended by the Beach Renourish~nt/Maintenance Advisor}' Committee? I have read thc Beach Renourislm~ent and Pass Guidelines and crileria and agree thai my organization will comply witi~ ali guidelh~es and criteria. Roy ~&nderson. P.E .. Director. Public Utilizfi~s Engineering Department Signature °f Organizati°n's Chief OfficiaSr~nee? ""7 *Director of'Office of Capital Projects Management authorized to sig Category "A" applications on behalf of the Chaim~an of the Bom'd of County Commissioners. Approved by Board of County Commissioners on August 24. 1993. Agenda Item 16(H)(2). ISirector of Office o£ Capital Projects Management position was renamed to Director of Public Works Engineering eft&five October 1998. NO. PG EXECUTIVE SUMMARY Appr.o. ve Awa.rd of RFP #02-3360 for bea.c.h raking and clean up activities to Lightner Contracting Inc. estimated at $50,000 per year. OBJECTIVE: To award a contract with Lightner Contracting, Inc. for beach maintenance activities. CONSIDERATIONS: Contract # 99-2915 for beach maintenance activities to include beach tilling, grading, escarpment removal and debris removal expires on May 22, 2002. Contract # 02-3360 was advertised as a replacement contract with a due date of April 9, 2002. No proposals were received. After discussions with Dave Lightner, a letter was submitted expressing interest in renewing Lightner Contracting Inc.'s contract. This firm has been very bus3, in late March and April, 2002 tilling beaches, removing boat debris from Vanderbilt beach, and sifting rocks from Naples and Vanderbilt beaches and their performance has been outstanding. Purchasing Policy VI(D)3 authorizes contracts to be negotiated should no proposals be received. Staff believes that negotiating a contract with Lightner Contracting Inc. is in the best interest of the County. FISCAL IMPACT: Each year funds are included in the TDC Category "A" budget for beach maintenance activities. The estimated annual cost is $50,000. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Based on the lack of proposals and the excellent service provided, it is recommended that the Board of County Commissioners 1) award a contract Lightnet Contracting Inc. based on negotiations and 2) authorize the Chairman to sign the contract. SUBMITTED BY: - Date: Ron Hovell, P.E., Coastal Projects Manager / -- ? Roy ~. Anderson, P.E., Public Utilities Engineering Director Stephen Y. ~-nell, Purchasing/General Services Director APPROVED BY: "~~~~ Date: -O'~t/ Thomas G. Wides, Interim Public Utilities Administrator EXECUTIVE SUMMARY APPROVE A WATER METER SIZE DEVIATION FOR THE KREHLING INDUSTRIES CONCRETE FACILITIES AT WIGGINS PASS ROAD OB,JECTIVE: To have the Board approve the attached applied for "deviation" to authorize continued use of a three-quarter inch (sA") water meter at the subject premises in lieu of a one and one-half inch (11/2") water meter that would otherwise be required by the Consolidated Impact Fee Ordinance (Ordinance No. 2001-13) and provisions of Chapter 134 of the Collier County Code of Laws and Ordinances. CONSIDERATIONS: The purpose of Krehling's request for this "deviation" is to allow Krehling to continue to use a three-quarter inch water meter that has been supplying the facility with potable water for more than forty (40) years. The fact that Krehling desires first-time sewer service from the County at the facility will in fact not increase the historical usage of water. Therefore, imputing from a schedule a larger water meter size (one and one-half inch) meter in this unique instance will be arbitrary. This Krehling Industries facility is a concrete products plant that has for many years been receiving potable water from the county via a 3" metered service line, which branches down to a sA" water service line that supplies potable water to Krehling's office building. The office building is not yet connected to the County sewer system because sewer service is provided by a septic system. Sewer service is available from the County's system and Krehling desires to connect to the County sewer system for sewer service because of a recent septic system failure related to the office building. On December 6, 2001, staff met with representatives from Krehling Industries regarding arrangements to connect to the County's sewer system. Based on the generally applicable "fixture count" of the fixtures that use water within the office building, a 11/2" meter is required, and which, absent this requested "deviation," would necessitate payment of a sewer impact fee and monthly availability charges applicable to a 11/2" meter. Appendix E to Article III of Chapter 134 of the County's Code of Laws and Ordinances specifies generally applicable requirements for meter sizing. Applying the standard line sizing requirements of Appendix E requires a 11/2" meter size. However, Subsection 134-64, Appendix D of the County's Code authorizes "deviations" from the generally applicable requirements that would otherwise result from application of Appendix "E'. This deviation form is included herein as an attachment. "County approval shall not be granted to any proposed design that jeopardizes the public health, safety and welfare, or that otherwise would result in a system performance less than that which would otherwise be prooided to the public by adherence to the recognized and accepted industry standards set forth in the following manuals: .... "One of the listed Manuals is American Water Works Association, Inc., Manual M-22, which is the applicable manual and Manual which can be amended by the requested "deviation." Krehling industries representatives assert that the subject office building has been served by means of a sA" water service for the past forty (40) years without any service problems, and therefore, are requesting a deviation to be allowed to continue to utilize the existing sA inch meter size. They assert that providing the office building with County sewer service shall not result in increased water usage at the office building or change the patterns of water usage, and therefore, forty (40) years of adequate water service proves that service through the long-existing J~ iJJ~:hAC~ND/~ l~t~ -- r use water meter will continue to be sufficient to serve the continued and the peak wa . 6, ~..~_ - J MAY l'q 200: ! consumption from the water use fixtures. Staff believes these facts constitute rational criteria upon which the requested deviation can and should be granted. FISCAL IMPACT: The County's invoices for the service will remain to be calculated based upon the existing 3A inch meter rather than a 1 and 1/2 inch meter. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the requested applied-for deviation to allow continued use of the 3A" water meter be granted. By mutual agreement with Krehling Industries Inc., the sewer impact fee payment will be based on a 11/2'' meter size, however the monthly availability charg, e will hereafter be based on the existing 3¼ ,, service meter. , ,~ ~' / t " DATE: ~:/,/':~/~. PREPARED BY: . c, 7 ' ~' '- '-' .... "-, Rff'y B. Anderson, P.E., Director Public Utilities Enmneering Department REVIEWED BY: ,L,~-.^ /Ct.t~'~,~---~ DATE: '~ -~/ '- ~': 2-- To~ P~l~er. ~Assistant County Attorney ~aul M~{'a~sch, Director Water Admihi stration REVIEWED BY: ~t Q/,.~.T~Za ,,-- DATE: 4 /.~',/C Z_ joe Cheatham, Director Wastewater Administration Thomas G. Wides, Interim Administrator Public Utilities Division HAY ! _ .~te: 3115102 Site Development Plan Number (SDI~ I AR #) Subdivision Improvement Number Name & Location of Project: Contact Name & Business: Attach Plan or Drawing AR# 15-24 Krehlin= Industries, Inc.. Office Buildin.q 1425 Wia,ins Pass Road, Naples, FL 34110 Jay Westsndorf, VanaseeDaylor (required) (required) 12730 New Brittany Blvd. Ste. 600, Fort Myers FL 33907 Phone # 239-437.4601 Fax # 239.437-4636 Reason for request? Request deviation from payment of 1 112" water meter monthly service availability charge for the proposed 314" water meter. (See the attached request additional description and iustification) How does this request differ from Ordinance? Per staff calculations ordinance defined fixture count requires 1 112" water meter. I~mpact of this request on affected area? Requested 3/4" water meter" matches existina buildina "erior piping size and should have no ne,qative effect on the area. Impact of this request on the maintenance of the Wastewater system? None Explain benefits this request will have to the operation or maintenance of the Collier County Utility system: Installation should only have a positive impact on the water system operation and maintenance in accordance with AWWA recommendations. Additional Comments: Routing: Water Distribution Supervisor(s) Approve: Water Director Approve: Wastswater Collections Supervisor Approve: Wastewater Director Approve: Collier County Water or Wastewater Director Copy to: Engineering Review & Inspections Public Utilities Administrator Wastewater Collections and Water Distribution Disapprove: Disapprove: Disapprove: Disapprove: Utility Deviation from Ordinance 97-17 Water and Wastewater Departments Petitioners Request Krehling Industries, Inc. - Existing Office Building - ARJtl 5-24 Additional Description and Justification Historically the Krehling concrete plant has had a septic tank system for its sewage disposal. Water has been supplied to the office building through a 3/4" pipe that is branched from the 2" meter that supplies water to the batch plant. Since the batch plant uses as much as 10,000- 12,000 gpd. a large meter is required. Because of a failing septic drain field system, Krehling has applied to remove this system and connect to the county sewer system Monthly billing for county sewer accounts is based on water consumption. Krehling has applied for a water meter for the building, so the monthly sewer bills do not reflect abnormally high water consumption used by the concrete batch plant facility. ~[t is important to note that no changes to the building~ its water consumption~ or plumbin~ facility are proposed other than removing the septic tank at the drain field. Since the building has been served by the same aA" line for over 30 years, it would be feasible to assume a aA" water meter would be sufficient to service its needs. The county does not have a normal mechanism to recognize existing conditions. A fixture count was performed on the existing building; using current collier count)' regulations the fixture count would require a 1½" meter. To avoid potential conflicts on what the impacts would be, Krehling has agreed to pay impact fees based on the 1½" meter size, so this request is strictly for the installation and monthly usage fees based on a aA" meter. EXECUTIVE SUMMARY APPROVE AN EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR RELOCATED ELECTRIC POWER SERVICE AT THE NORTH COUNTY WATER RECLAMATION FACILITY, PROJECT 73077, AT NO COST. OBJECTIVE: To approve an easement to Florida Power & Light Company (FPL) for relocated electric power service to accommodate the new Flow Equalization Tanks (FET) that are being constructed as a part of the Florida Department of Environmental Protection April 10, 2001 Consent Order. CONSIDERATIONS: FPL is currently providing electric power service to the storage facility adjacent, and to the west of the North County Water Reclamation Facility (NCWRF) via electric power poles and overhead electric lines. These facilities cross the northwest comer of the NCWRF property in an existing easement. Unfortunately, these service facilities are in direct conflict with the newly proposed FET's. Therefore it is necessary to relocate them in a new easement to provide a clear unobstructed site. Staff recommends proceeding with the new easement location. FPL will vacate the current easement after the electric service facilities are relocated. Attached are two original easement agreements for the Chairman's signature and recording in Public Records. One original must be returned to FPL after said signature and recording. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: This work will have no impact on growth Management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the relocated electric power easement to FPL to provide a clear and unobstructed site for the new FET's. PREPARED BY: REVIEWED BY: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department /. Roy B. A/~derson, P.E., Director Public Utilities Engineering Department DATE: REVIEWED BY: Thomas G. Wides, Interim Administrator Public Utilities Division Attachment: Two Original Easement Documents NO. /6, ~ ~5 MAY 002 ~. / !=1=!.. April 25, 2002 26430 Old Us 41 Bonita Springs, Florida 34135 Fax: 1-941-947-7345 Re: Gentlemen: Enclosed is the easement required for FPL to provide electric service to the captioned facility. Please execute and RECORD the easement and return the ori§inal to me. This easement needs to be returned to me prior to FPL. energi.~m~c your proposed facility. RECORD the easement at the Collier County Recording Department (774-8327) located on the 4th floor of the Administration Building (Bldg. F) in the Collier County Government Center, 3301 E. Tamiami Tr., Naples, FL. Please execute the instrument according to the following instructions. Signing and Witnessing: For Individuals: Enter date in space provided. Sign on the indicated lines on the right side in the presence of two (2! separate witnesses, who ~.i~n on the lines tc the left. End ~ completes the acknowledgement forms as described below. The notary public may be one of ti~e witnesses and if so must sign at the left in the space provided. For Corporations: Enter date in space provided. The President, or Vice-President and the Secre,:a,'-. of an Assistant Secretary sign on lines indicated on the right, filling in their title below, in the presence of two (2) separate witnesses, who sign on the lines to the left, and a notary public who completes the acknowledgement forms as described below. The corporate seal must be affixed adjacent to the officer's signatures. C, For Individuals and Corporations: Enter the Parcel I. D.# in the upper left portion of the easemer*,t. Acknowledgements: The notary public should legibly fill in all blanks, including state and count of execution, names of individuals or officers signing and their titles, state or county where empowered to act, expiration date of commission, fill in date, sign on line provided and affix seal adjacent to the signature of the notary public. If you have any questions, please call me at (941) 947-7361. Sincerely, Jim Merriam Senior Distribution Designer cc:file an FPL Group Company Work Ordm' No. S~.27, TWl~ 48 $, Rge ~ E (Mamtain~T by C~unty Farm 3722 (Slnc~d) Rev. 7/94 This Insmament Prepared By Name: Jim Merriam Co. Name: FPL Co. Address 26430 Old Us 41 Bonfta Spdngs, Fiodda 34'135. Page 1 of 3 An FPL Company easement more partic, Ji.~fly described on Exhibit A =tt~ched heretc and made s part hemcf. Said e~semerrt prepared by Hole Morrtes dated, 4/24/02. Togettmr wirl2 the right to pea.mir a~.v other, p~so~, fi2-m or corporation to attach wires to any flm-iiiries tmrc,,mder a~rt lay cane nv co~t with~ th~ easc'xmmt a~r~ to opeTam th~ s~m~ for comnm~r~c~doas purposes; ttm ~ of ingress and e~x~ss m saixi'pr=m~se~: ~, ~d~ ~ a~ ~ roa~, ~e~m or ~ways adjn~ or ~o~ s~ prop~. ' ~ ~S ~OF, ~ ~a~d ~ ~d ~ s~ ~ ~~ on ,19 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNU'Y COMMISSIONERS OF COLLIER COUNTY, FLORDA By: JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney MAY 1 20'02 HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 950 Encore Way- Naples. Florida 3411 O. Phone: 941.254.2000. Fax: 941.254.2099 HM PROJECT #1996020 4/24/2 KEF. DWG. #B-3811 - PROPERTY DESCRIPTION A 10.00 FOOT WIDE PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 27, TOWNSHIP 48 SOL?i'H, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING 5.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER.LINE: COMMENCE AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°27'02"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 FOR A DISTANCE OF 1314.73 FEET; THENCE RUN N.89°28'25"W. FOR A DISTANCE OF 396.33 FEET TO THE POINT OF BEGINNING OF THE CENTERLrNrE HEREIN DESCRIBED; THENCE RUN S.00°31'35"W. FOR A DISTANCE OF 4.92 FEET; THENCE RU2N S.63°55'55"W. FOR A DISTANCE OF 42.77 FEET; THENCE RUN S.75°41'16"W. FOR A DISTANCE OF 60.08 FEET; THENCE RUN N.89°35'28"W. FOR A DISTANCE OF 150.82 FEET; THENCE RUN S.40°09'02"W. FOR A DISTANCE OF 35.24 FEET; THENCE RUN' S.04°53'05"E. FOR A DISTANCE OF 134.54 FEET; THENCE RL'-N S.85°06'55"W. FOR A DISTANCE OF 5.00 FEET TO THE END OF SAID CENTERLINrE; CONTAINING 4,333.816 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 27, TOVv'NSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.00°27'02"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB # 1772 THOMAS J. GARRIS P.L.S. #3741 STATE OF FLORIDA .o. HAY 1 2002 EAST LINE N.E. 1/4 SEC. 27-48-25 EXECUTIVESUMMARY APPROVE FUNDING AND AN AMENDMENT TO A WORK ORDER FOR CONSTRUCTION ENGINEERING INSPECTION SERVICES FOR A 12" WATER MAIN AND A 6" FORCE MAIN TO BOYNE SOUTH, PROJECTS 70862 AND 73061, IN THE AMOUNT OF $44,910. OBJECTIVE: To improve water and sewer service to customers along East US 41 between Manatee Road and Boyne South. CONSIDERATIONS: This is a two-part item. The first part is to approve funding for engineering inspection services during construction of the water main and the wastewater force main. The second part of this item is to approve an amendment to a work order for engineering inspection services for both the water main and force main. The Board awarded a contract for construction of a water main and a wastewater force main along East US 41 on October 24, 2000 (Agenda Item 16-C-3). On December 12, 2000 (Agenda Item 16-C-10), the Board approved Work Order JEI-FT- 01-01 to Johnson Engineering, Inc., for inspection of the water main and force main construction. The work order was issued under the Agreement for Fixed Term Construction Engineering Inspection Services dated December 14, 1999, Contract 98- 2960. On November 27, 2001 (Agenda Item 16-C-3), the Board approved an amendment to the Work Order to Johnson Engineering, Inc., for inspection of the water main and force main construction. Construction of the project has been delayed: 1. By heavy rains and flooding of the project area throughout the summer; 2. By the contractor having problems cleaning and flushing the water main, both before and during the recent finished water shortage; and 3. By delays in receiving an DOT permit to extend the force main replacement from the Boyne South connection to the 6 L's Farm connection. The amended Work Order JEI-FT-01-01-B will provide for engineering inspection services to continue until the anticipated completion of construction. FISCAL IMPACT: The work order amendment in the amount of $44,910 will be funded as follows: $40,420 from water funds and $4,490 from wastewater funds. A budget amendment is needed in the Water Impact Fee Capital Project fund (411) to transfer $40,420 from reserves to Project 70862 - US 41 Water Main from Manatee Road to Boyne South. Source of funds is water impact fees. AG£NDA ITEM .o. /~ d~ MAY 1 20D Pc,. t Executive Summary Approve Funding and Amended Work Order Page 2 A budget amendment is needed in the Sewer Capital Projects fund (414) to transfer $4,490 from reserves to Project 73061 - Boyne South Force Main. Source of funds is wastewater user fees. GROWTH MANAGEMENT IMPACT: The project is consistent with the Water and the Wastewater Master Plans. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute amended Work Order JEI-FT-01-01-B in the amount of $44.910 and approve the necessary budget amendments. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department Roy/B. Anderson, P.E., Director PuNic Utilities Engineering Department Paul E. Mattausch, Water Director J,~eph ~. Cheatham, Wastewater Director Th"omas G. Wides, Interim Administrator Public Utilities Division DATE: DATE: a4'/"/2~"~"7.-~ DATE: 4-17-0Z DATE: RFD:rfd PlAY 1 zt 2002 WORK ORDER # JEI-FT-01-01-B AMENDMENT 2 Agreement for Fixed Term Construction Engineering Inspection Services Dated December 14, 1999 (Contract #98-2960) This Work Order is for construction engineering inspection services for work known as (Title) US 41 East 12" Water Main, Manatee Rd. to Boyne South and 6" Force Main, Pump Station 3:17 to Boyne South (Reason for Proiect) Inspection of Utility Contractor's Work The additional work is specified in the proposal dated April 10, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # JEI-FT-01-01-B is assigned to Johnson Enaineering, Inc. (Firm Name) Scope of Work: Task 1: Engineering Inspection Services Schedule of Work: Complete work within . 200 Proceed authorizing start of work __days from receipt of the Notice to Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the time and materials amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Original Amt. Amendment I Amt. Amendment 2 Amt. Task 1 $78,840.00 $28,800.00 $44.910.00 (time & material) SUBTOTAL $78,840.00 $28,800.00 $44,910.00 AMENDED TOTAL FEE NOT TO EXCEED $152,550.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: AUTHORIZED BY: AUTHORIZED BY: APPROVED BY: ]~aul E. Mattausch, Water Director JOseph '13. Cheatham, Wastewater Director Roy B. Anderson, P.E., Director Public Utilities Engineering Department Date DaTe 4-i 7- Date Date Approved as to Form and Legal Sufficiency:,,.-..x f, A%sistant County Attorney ATTEST: {.Corporate Secretary) ~ary R. Bull, Secretary Type Name and Title ACCEPTED BY: Date:'~'~'r[ ~} I '~'~'~' Johnson Engineering, Inc. Name of Firm Signature Fund: 412 Cost Center: 273511 414 263611 Object Code: 631400 631400 Project Number: 70862 $ 4,a89.32 73061 $40,420.68 .o. ,/. ENGINEERING Collier County Board of Commissioners Mr. Ron Dillard, PE Project Manager Collier County Utilities Engineering 3301 Tamiami Trail Naples, Florida 33962 SINCE 19~6 April 10, 2002 Re: Additional - CEI Sendces Proposal for 00-3145, US 41 East 12" Water Main, From Manatee Road to Boyne South and 6" Force Main from Pump Station 3.17 to Boyne South. Dear Mr. Dillard: This letter is to confirm that Johnson Engineering, Inc. will continue to provide to Collier Count',' trader the Fixed Term Construction Engineering Inspection Services Agreement No. 99- 2960 Montv LeCrone. Tecl'mician tX.'. His rate is as indicated in the agreement is $60.00 per hour. Below is a summatim~ of the project billings and Purchase orders: Invoice I Invoice 2 Invoice 3 Description Amount I Paid $ 1.590.00 4,86O.0O YCS Yes S 6.690.00 Yes Invoice 4 $ 14,820.00 Yes Invoice S S 8.550.00 Yes Invoice 6 $ 7,770.00 Yes Invoice 7 $ 10.110.00 Yes $ 13.980.00 Invoice 8 - Mzssm$ covy auoched Invoice 9 Invoice 10 Invoice l 1 Invoice 12 13,680.00 $ 9.810.00 $ 9,520.00 9,780.00 No Yes Yes No Invoice 13 $ 11,690.00 No Total Billed to March 10, 2002 $122,850.00 Purchase Order # 102896. dated 12/05/0 ] $107,640.00 Current Shortfall $15,210.00 Three (3), additional months time 165 hours/month x 3 months x $60.00/hour $29,700.00 Total Supplement No. 2: $44,910.00 Per your request these sen, ices will be provided for an additional three (3) months, through Max' 31, 2002 at 165 man-hours per month for a total of 495 man-hours. The total cost therefore for these additional services is 495 man-hours at $60.00 per man-hour or $29,700.00 Plus the Current Shortfall of $15,210.00 or $44,910.00. Time will be charged and billed from actual time sheets. 2350 Stanford Court, Naples, Florida 34112 (941) 434-0333 · Fax (941) 434-9320 MAY 14 2002 In the event additional information is needed to expedite the processing of this proposal please let me know at your earliest convenience. Cc: file Very truly yours, JOHNSON ENGINEERING, INC. ,/Mark K. Beaverson CEI Director EXECUTIVE SUMMARY AMEND PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH METCALF & EDDY, INC. FOR THE SOUTH COUNTY WATER TREATMENT PLANT REVERSE OSMOSIS EXPANSION, CONTRACT 98- 2891, IN THE AMOUNT OF $231,804, PROJECT 70054. OBJECTIVE: To provide additional professional engineering services for the construction of deep injection wells at the South County Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion project, pursuant to Contract 98-2891. CONSIDERATIONS: On August 3rd, 1999, as Agenda Item 16(B)(ll), the Board approved and entered into an agreement with Metcalf & Eddy, Inc. (M&E) for providing design and construction services for the SCRWTP Reverse Osmosis Expansion project. The project which has been under construction since July 2000 includes: an 8-MGD Reverse Osmosis process facility with capability to be expandable to 20-MGD bui]dout capacity in the future; new raw water production wells; and two deep injection wells for reverse osmosis brine disposal. Construction is scheduled for completion by 2003. M&E's letter proposal dated November 5, 2001 indicates that they require more construction inspection hours than originally estimated. Further, the deep wells in the final design were made larger than originally planned in order to maximize the buildout capacity of the SCRWTP Reverse Osmosis facility. Additional construction engineering services are required to accommodate the increased construction effort for the deep wells. Staff has negotiated a fee increase of $231,804 as documented in the attached November 5, 2001 amendment proposal from Metcalf & Eddy, Inc. The following summarizes the breakdown of costs associated with Amendment 1: Original Contract #98-2891 Amendment 1 (Proposed) TOTAL (Proposed) $3,920,064 $ 231,804 $4,151,868 FISCAL IMPACT: Funds in the amount of $231,804 are available in County Water Capital Projects. Source of funds is Fund 411 - Water Impact Fee. GROWTH MANAGEMENT IMPACT: This project, needed to meet future growth potable water demands, was first recommended in the 1996 Water Master Plan update adopted by the Board on October 22, 1996, Agenda Item 8(B)(1). It Executive Summary Amendment 1 to Professional Services Agreement for S CRWTP Reverse O smosi s Expansion Project, Contract 98-2891 Page 2 of 2 is also recommended in the latest 2001 Water Master Plan adopted by the Board in December 11, 2001 as Agenda Item 8(B). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve and authorize the Chairman to execute Amendment 1 to the Professional Services Agreement with Metcalf & Eddy, Inc., to provide additional professional engineering services related to the SCRWTP Reverse Osmosis Expansion Contract 98-2891. PREPARED BY: Mohan V. T p', P.E., Senior Project Manage' Public Utilities Engineering Department REVIEWED BY: APPROVED BY: RoY' //-~ c ~ ~ .~-~'---'-'~ DATE: c~/. Anderson, P.E., Director Public Utilities Engineering Department Thomas G. Wides, Interim Administrator Public Utilities Division Metcalf & Eddy November 5, 2001 3740 Executive Way Miramar, Florida 33025 Tel: 954-450-7770 Fax: 954-450-51 O0 www, m-e.com Mr. Mohan Thampi, P.E. Project Manager Collier County Public Works 3301 E. Tamiam/Trail, Building H Naples, FL 34113 Subject: Collier County SCRWTP Scope of Work - Deep Injection Wells PWED Project Number 70054 Dear Mr. Thampi: Following our meeting of October 5,2001 we would like to provide you with some of the history on changes associated with the deep well construction phase of the work. The changed conditions affect the observation of construction, Task A.7.4, for the Concentrate Disposal, as well as Task A.5B, Construction Administration. We understand your concern regarding this issue. M&E is concerned with any misperception with how the fees were developed and what the scope covers and offers the following: The fees for the two deep wells were estimated by Metcalf & Eddy and our subconsultants, Hazen & Sawyer and CDM-Missimer, based on a 120-day 24/7 construction period. This is what was negotiated in the contract in 1999. Unfortunately in August 2001, when Youngquist submitted their construction schedule it became evident that the estimated. 120-day time for M&E to perform the construction services was not adequate. The actual time required for consUmction of the deep injection wells is 240/7; or double the time initially assumed. We apologize for not identifying this short fall during the design phase of the project. An oversight on M&E's part is the reason the contract, as it stands now, was not amended to include the additional time needed for construction services, based on the latest information. Apparently, during the course of contract negotiations, M&E and its subconsultants failed to amend the contract to reflect the increased hours for observation. o However, there are some mitigating circumstances, which do justify some of the increase in construction inspection services. The well driller has also been asked to do more work than was originally anticipated in 1999 when this scope was prepared. The size of the P:/Eng/SCRWTP/Deep Injection Well/DIW-Scope4.doc Mr. Mohan Thampi, P.E. November 5, 2001 Page 2 deep injection wells was increased due to the increase in the build out capacity of the SCRWTP from 16 to 20mgd. During preliminary design we, as a group, decided to go with a larger diameter well. The larger casing diameters will extend the time required to drill the injection well. We regret if this has caused a problem by not communicating earlier the change in scope. It was not our intent to mislead Collier County and cause a misunderstanding. All of our actions have been pursued in good faith and with the best interest of Collier County in mind. We are providing an estimate of the additional fees requested in the ensuing paragraphs. The fees for the work as shown on Table 1 are the basis for our contract and reflect use of personnel for the time required to do the job. This is a time and material type task that is based on the hours indicated, the unit rates charged, and the total fee. Table 1 Basis for Engineering Fees Original Scope of Work- Task A.7.4 Two (2)Deep Injection Wells and One Monitoring Well Days Days Hrs/Day Total Staff Avg. Rate Total Fees Hfs Substantial 120 24 2,880 $88.60 $274,436 Completion (Includes other direct costs) Final 30 8 240 $88.60 $21,264 Completion (Includes other direct costs) Total - $295,700 P:/Eng'SCRWTP/Deep Injection Well/DIW-Scope4.doc 4AY 1 2002 Mr. Mohan Thampi, P.E. November 5, 2001 Page 3 Our original fee estimate was based on providing observation for the project for 120 days, to substantial completion. As you know, this phase of the work is a "time and material" type contract to allow for the contract to be amended if there were any such changes. Please note that the project budget also included one full time person (8 hfs/day) for a period of 30 days, to cover the period to final completion. We have checked the fees charged by other consultants who provide this type of service. We have checked the fee for similar duration of work. The fees charged by other consultants for 120 days and 240 days are very much in line with our original estimate of 120 days and the fees requested for the 240 days as submitted herein. As requested by you, we have also gone back and attempted to find possible reductions in the additional fees requested in our letter of October 4, 2001. Some reductions in the fees were achieved and are reflected in Table 2, below. We contacted Water Resources Solutions (WRS), who can provide the required field staff at a slightly lower rate than our staff, so there is some reduction in the total fee. Table 2 Revised Engineering Fees For Deep Injection Well Observation of Construction- Task A.7.4 Two (2) Deep Injection Wells and One Monitoring Well Days Days I Hrs/Day Total Staff Avg. Rate Total Fees ~ Hrs. Substantial 240 24 5,760 S83.29 $479,724 Completion (Includes other direct costs) Final 60 8 480 $73.50 $35,280 Completion (Includes other direct costs) Total - - - $515,004 P:/Eng/SCRWTP/Deep Injection Well/DlW-Scope4.doc FlAY 1 4 2OO2 Mr. Mohan Thampi, P.E. November 5, 2001 Page 4 The estimated increase for the second well is the difference between the authorized amount of $295,700 initially approved, and the estimated fee of $515,004; or $219~304. As previously discussed, please note that there are also additional fees associated w/th Task A.5, Construction Administration Services. Task A.5B.4 requires preparation of an engineering report (and O&M Manual) for each deep injection well. The fees associated with this effort are $12,500. This report is compiled using actual field data and reports provided to the Engineer by the Contractor; therefore, each well must be treated individually with its own report. That is, we cannot produce the required reports using the estimated effort required in the current budget, since it covers only one well. Additional fees are required to prepare the report needed for the second well. Additional fees estimated for this report are $12,500. As a result of this development, we respectfully request that you consider our request to amend the contract to reflect current conditions for the deep injection well contract and that the following amendments be implemented: · Task A.7.4 be increased by $219.304. from a fee of $295,700 to $515.004 · Task A.5B be increased by $12.500, from a fee of $120,720 to $133,220 Given the fact that construction of the deep injection well is imminent, we would request that you give this request top priority. We would be glad to discuss this request at your earliest convenience. Sincerely, METCALF & EDDY. INC. Vice President cc: Jay Ameno P:/Eng/SCRWTP/Deep Injection Well/DIW-Scope4.doc HAYs1 2002 Metcalf & Eddy April 1, 2001 Mr. Mohan Thampi, P.E. Project Ms~noger Collier County Public Works 3301 E. Tamiami Trail, Building H Naples, FL 34113 Mailing Address: P.O. Box 990286 Naples, FL 34116 Shipping Address: 3851 Utilities Drive Naples, FL 34117 Tel: 941-348-1136 Fax: 941-348-3324 menaplesfl@aol.com www. m-e.com Subject: Collier County SCRWTP Authorization for Amended Scope of Work- Deep Injection Wells PWED Project Number 70054 Dear Mr. Thampi: The deep injection well contractor CYoungquist) is in the process of moving his rig to the second deep injection well. M&E will start incurring cost on this phase of the work within the next two weeks. Would you please have the County authorize the amended fees in our letter of November 5, 2001 for the second deep injection well. This authorization will enable us to maintain consistency in the project observation. Should you have any questions please, call either Mr. Ameno or myself. V~D~ndY~.ours, Metcalf& Eddy Site Manager CC: M. Blanchard J. Ameno #O.~L-.~ HAY 1 ZI]O P$o 7 "SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS EXPANSION" AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement 98-2891 dated August 3, 1999 (hereinafter "AGREEMENT") is made and entered into this .~ day of .., 2002, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Metcalf & Eddy, Inc., a Delaware corporation, authorized to do business in the State of Florida, whose business address is 3740 Executive Way, Miramar, FL 33025, (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the "South County Regional Water Treatment Plant Reverse Osmosis Expansion" project (hereinafter referred to as the "P. ROJECT"), said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are necessary in light of changes in the construction effort of the deep injection wells; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: .0. I O HAY 1 2002 ARTICLE ONE 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies. 1.2. As a result in the changes in the construction effort of the deep injection wells affecting the original scope of the project, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B - Attachments A and C as attached hereto. Additionally, CONSULTANT'S compensation for services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. 2.1 ARTICLE TWO OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this AMENDMENT. A ,~1~. IT[Il .o. flAY 1 4 20D2 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for "South County Regional Water Treatment Plant Reverse Osmosis Expansion" the day and year first wdtten above. ATTEST: Dwight E. Brock, Clerk By:. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Date: By: James N. Coletta, Chairman Approved as to form and legal sufficiency: Assistant County ^tt~rne¥ METCALF & EDDY, INC. Witness Witness By: -? Mark S. Blanchard;'Vice President (CORPORATE SEAL) A6,~Np~, ]TEN HAY 1 2002 P~. ~0 z~ ~U~ HAY 1 ~ 2002 PG. /[ I I HAY I ~'2002 EXECUTIVE SUMMARY AMEND PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH WATER RESOURCE SOLUTIONS, INC. TO CONSTRUCT THE SECOND DEEP INJECTION WELL FOR THE NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL, CONTRACT 00- 3122, IN THE AMOUNT OF $289,850, PROJECT 73948. OBJECTIVE: To provide professional engineering services for the construction of a second deep injection well at the North County Water Reclamation Facility (NCWRF). CONSIDERATIONS: On October 9th, 2001, as Agenda Item 16(C)(1), the Board approved and entered into an agreement with Water Resource Solutions, Inc. (WRS) for design and construction services for the North County Water Reclamation Facility (NCWRF) Deep Injection Well project. The wells provide a back-up method to dispose of excess reclaimed water at the NCWRF when it cannot be reused. Additional wet-weather disposal capacity is needed to keep pace with the on-going facility expansions. Initially the plan was to construct one deep well by 2003 and the second deep well in 2005. However, the new 2001 Wastewater Master Plan adopted by the Board in December 11, 2001 as Agenda Item 8(A), recommends constructing both wells by 2003. Additional construction engineering services are required to coordinate and accommodate the increased construction services associated with the addition of the second deep injection well to the scope of work. Staff has negotiated a fee increase of $289,850 as documented in the attached April 2, 2002 amendment proposal from Water Resource Solutions, Inc. The following summarizes the breakdown of costs associated with Amendment 1: Original Contract #00-3122 Amendment 1 (Proposed) TOTAL (Proposed) $1,163,604 $ 289,850 $1.453.454 FISCAL IMPACT: Funds in the amount of $289,850 are available in County Wastewater Capital Projects. Source of funds is Fund 413 - Sewer Impact Fee. GROWTH MANAGEMENT IMPACT: This project needed for the disposal of excess reclaimed water during wet weather at the NCWRF was first recommended in the previous 1997 Wastewater Master Plan Update adopted by the Board on July 22, 1997 items 12(c)(4) and 12(c)(5). T,.w.g_~ee..~p_ wells are ' J ! MAY 1 q 2002 Executive Summary Approve Amendment I to Professional Services Agreement for NCRWRF Deep Injection Well Contract 00-3122 Page 2 of 2 recommended in the latest 2001 Wastewater Master Plan adopted by the Board in December 11, 2001 as Agenda Item 8(A). The current and future expansions of the NCWRF to meet growth demands leads to increased plant flows, thus requiring increasing the existing back-up reclaimed water disposal capacity by providing deep injection wells. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve and authorize the Chairman to execute Amendment 1 to the Professional Services Agreement with Water Resource Solutions, Inc., to provide professional engineering services related to the design and construction of the NCWRF Deep Injection Wells. PREPARED BY: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department DATE: REVIEWED BY: ,.j. i~ ~ ,..4/~,:, _ RoyW. Anderson, P.E., Director Public Utilities Engineering Department APPROVED BY: DATE: Th6mas G. Wides, Interim Administrator Public Utilities Division IVater Resource Solutions 428 Pine Island Road SW · Cape Coral, Flodda 33991 April 2, 2002 P. U. ~'~_.574-1919 '02/IPR lO P~ 3:. 31 Fax:941 574-8106 Mr. Mohan Thampi, P.E. Collier County Government County Government Center 3301 E. Tamiami Trail, Bldg. D Naples, FL 34112 Re: Contract Amendment for Engineering Services for the Deep Injection Well Program at NCRWRF to Accommodate the Second Injection Well Dear Mr. Thampi: Per the directive by the County to provide for a second deep well at the NCWRF, a contract amendment is proposed to accommodate the increased engineering services associated with the work. The additional work involves contract administration, construction oversight, certifications, and reporting. The detailed description of the requested change order is given on the following pages, along with the appropriate contract tables. The computations were based on the hourly rate structure used in the original contract and the breakdown formerly provided. If you need additional information please contact me. President LEH:gng encls. .o. /4, ~'~ t / HAY 1 4 2002 ~G. ,~ Amendment 1 to Schedule A Scope of Services Description of Amendment On October 15, 2001 Collier County contracted with Water Resource Solutions, Inc. to provide engineering services for construction of a new injection well and pump station at the site of the North County Water Reclamation Facility to dispose of reject effluent and excess effluent that may be produced during extended wet periods. A portion of the contract addressed design and permitting services for two injection wells and all of the associated facilities. The plan was to construct the project in two phases, with the initial phase to cover all facilities for one injection well. The second phase of the plan was intended two cover the construction of the second injection well and expansion of the associated facilities. The engineering services related to construction during the second phase of the project were not included in the above referenced contract. The following sections of this document describe the proposed modification of the work scope to accommodate the services for the building second injection well. Amended Work Scope A. 6 Construction Administration WRS will provide comprehensive management of the construction of the second injection well and all associated facilities. The WRS project manager will have overall responsibility to cOordinate the construction operations. He will assure that the appropriate team members are providing the necessary review of contractor performance and adherence to the schedule and that all quality control procedures are followed. All submittals will be promptly reviewed to assure compliance with,specifications 6.1 Applications for Payment Based on WRS' on-site observations as experienced and qualified professionals and on review of applications for payment and the accompanying supporting documentation a determination of the amounts owed to Contractor will be made in writing. .0. HAY 1 2002 6.2 Advise Owner Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to pre- construction conference and monthly coordination meeting with OWNER and contractor. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents that may come to the Consultants attention, determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in the CONSULTANTS judgment, such action is necessary to allow proper inspection, avoid damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. 6.3 Record Documents and Completion Report WRS will provide weekly and monthly reports to the FDEP during construction as required by the FDEP penn. it. Upon completion of construction WRS will prepare a Construction Completion Report that includes all information data and information developed during the construction of the wells. The report will include copies of all geophysical logs and video surveys. It will also note any changes that may have occurred during construction of any facilities. The completion report will also include a detailed description of the drilling program and the drilling records. The document will comply with the conditions of the FDEP permit. We will then supply three copies of the report and supporting records to the County and required number of documents to the FDEP. #0.~._~ 'HAY 1 4 20D2 Record Drawings will be prepared for new facilities and for the modifications to existing facilities required to convey reject water from existing reject water storage ponds to a new deep injection well and new facilities required for operation of monitoring well 6.4 Start-up Assistance & Operator Training The WRS Team will conduct a training session to explain the operation and maintenance of the facilities. We will work with the plant operator to address optional programs for using the injection well. 6.5 Operation and Maintenance Manual An Operation and Maintenance Manual will be prepared for the injection well and monitor well system. The maintenance data provided by the manufacturer of each piece of equipment will also be incorporated in the Operations. and Maintenance Manual. Four (4) copies of the Operation and Maintenance Manual will be submitted A.7 Detailed Observation of Construction of the Second Injection Well and Associated Facilities 7.1 Field Services During Drilling and Construction Construction of the injection wells and monitor well will be done on a 24-hour- per-day basis. Throughout the drilling period WRS will have a qualified hydrogeologist on site to observe the drilling and testing operations processes. We will coordinate tests and maintain communications with the appropriate regulatory personnel to assure compliance with permit criteria. The project director and senior staff geologist will closely monitor field activities and will be present for all important tests and for those issues that require field decisions. Final pressure tests and mechanical integrity demonstrations will be scheduled with the FDEP. Field services cost breakdown assumes that the drilling of the injection well and monitor well are completed within 10 months of the time that construction commences. AG[#DA HAY 1 4 2002 7.2 Construction Progress Meetings and Reports For drilling of the injection wells, weekly meetings will be held at the construction site to review the work and progress on the drilling of the wells. The County staff is invited to attend all meetings. Daily reports will be prepared by the drilling contractor describing the work accomplished and itemizing quantities. Weekly summary reports will be prepared by WRS addressing all work done. The reports are transmitted to the appropriate TAC and team members. WRS will prepare a monthly report for submittal to Collier County regarding the status of the project. WRS will provide 3 x 5 color photographs of important aspects of the project and provide them to the OWNER along with the appropriate notations. For construction of the pipeline and associated facilities, six construction progress meetings will be held and construction will be inspected over a maximum 240-day period. 7.3 Operational Testing Permit The injection wells will not be eligible to receive an operational permit until they have experienced one year of operational testing. After the final pumping and pressure tests have been conducted and mechanical integrity has been demonstrated, VVRS will complete all processes to request and obtain an operational testing permit. WRS will develop a program to obtain sufficient information during the period of operational testing to meet the needs for issuance of the final operational permit. .0. _ _ HAY 1 2002 "NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL" AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement dated October 9, 2001 (hereinafter "AGREEMENT") is made and entered into this __ day of ,2002, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Water Resource Solutions, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 428 Pine Island Road SW, Cape Coral, FL 33991 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the "North County Water Reclamation Facility Deep Injection Well" project (hereinafter referred to as the "PROJECT"), said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and a;dditional services being contemplated under said AGREEMENT are necessary in light of changes in the construction effort by the addition of a second deep injection well; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. ~ ITEM , t HAY 1 q' 2002 NOW, THEREFORE, in consideration of the mutual covenants and contained herein, the parties hereto agree as follows: provisions ARTICLE ONE 1.1, CONSULTANT shall provide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies. 1.2. As a result of changes in the construction effort by the addition of a second deep injection well affecting the original scope of the project, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B - Attachments A and C; and Schedule C, as attached hereto. Additionally, CONSULTANT'S compensation for services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. ARTICLE TWO 2.1 OWNER agrees to comper)sate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this AMENDMENT. HAY 1 4 2O02 Pi;, IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for "North County Water Reclamation Facility Deep Injection Well" the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: Date: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRIC.T By: James N. Coletta, Chairman Approved as to form and legal sufficiency: Assistant County Attorney Witness / Witness WATER RESOURCE SOLUTIONS, INC. °"'fl0yd E. ~-Iorvath, P.E., President (CORPORATE SEAL) HAY 1 2O02! Contract 00-3122 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Amendment No. 1 TASK Original Amendment Amount No. 1 Amount A.2 Design Evaluation Lump sum $4,000 $4,000 A.3 Preliminary Design Lump Sum $172,521 $172,521 A.4 Final Design Lump Sum $323,433 $323,433 A.5 Contract Award Lump Sum $28,845 $28,845 A.6 Construction Administration Lump Sum $221,586 $263,586 BASIC SERVICES SUBTOTAL: $750,385 $792,385 SCHEDULE B- ATTACHMENT C SCHEDULE OF FEES FOR ADDITIONAL SERVICES Amendment No. 1 TASK Original Amendment Amount No. 1 Amount A.7 CONSTRUCTION SERVICES Time and Expenses $356,065 $603,915 A.8 UIC PERMIT COORDINATION Time and Expenses $8,334 $8,334 A.9 PUBLIC RELATIONS PROGRAM Time and Expenses $7,000 $7,000 A.10 OPERATIONAL PERMIT Time and Expenses $16,820 $16,820 A.11 MISCELLANEOUS SERVICES Time and Expenses $25,000 $25,000 ADDITIONAL SERVICES SUBTOTAL: $413,219 $661,069 A~Ni)A IT[Il .0. 1,:..,'_. HAY 1 x+ 2002 PG, ~,~,~~ SCHEDULE C PROJECT SCHEDULE - Amendment 1 Item Description Completion Time A.2 Conduct Tasks A.2. Two (2) months form Authorization to Proceed. A,2 Final Report Task A.2. Ten days from receipt of comments from the OWNER. A.3 Submit Preliminary Design and UIC Permit Two months from acceptance by the OWNER Application. of the report from Task A.1. A.3 Finalize Reports Task A.3. Two weeks from receipt of comments by OWNER. A.4 Submit 95 percent design. Six months from acceptance of A.3 documents. A.4 Submit Final Design. Two Weeks from receiving comments from OWNER. A.8 Receive UIC Permit. Ten months from Authorization to Proceed. A.6 Completion Report for Two Injection Wells, Twenty-four (24) months from Authorization to Proceed. A.6 Record Drawings and O&M Manual. Twenty-six (36) months from Authorization to Proceed. A.9 File Operational Permit Thirty-eight (38) months from Authorization t Proceed. EXECUTIVE SUMMARY APPROVE AN AGREEMENT FOR REIMBURSEMENT OF COSTS IN THE AMOUNT OF $72,600 FOR CONSTRUCTION OF A WASTEWATER FORCE MAIN TO SERVE THE M & E TRAILER PARK OBJECTIVE: That the Board of County Commissioners in its capacity as the Governing Board of Collier County approves the attached Agreement that provides for the County to construct a force main to serve the M & E Trailer Park and finance the costs for ten (10) years. CONSIDERATIONS: The M & E Trailer Park operates an on-site sewer treatment plant that serves approximately 105 units. This sewer treatment plant has not been in compliance with the Florida Department Environmental Protection (FDEP) requirements for some time. Staff has been working with the property owner and the FDEP in order to connect the trailer park to the County's Regional Sewer System. Consultants for Collier County have substantially completed the design of a sewer force main; this design project has been an in-kind service project in agreement with FDEP for penalties under consent order OGC #0552-11-DW. Value for the in-kind service is about $50,000. The agreement provides for total payment of the construction of the force main to be paid for by the property owner(s) of M & E Trailer Park with the possibility of a proportionate share if other property owners connect to the force main. FISCAL IMPACT: The estimated cost of construction is $72,600.00. Sufficient funds are appropriated for this purpose in the current budget under project 73078, Henderson Creek Drive Force Main in the Wastewater User Fees Capital fund (414). The source of funds is user fees. Project construction costs will be recovered from benefited property owner(s) by monthly installments over a ten (10) year period with monthly payments of approximately $850.00 using an assumed interest rate of 7 percent. Actual interest will be the same interest rate used for impact fee financing that changes annually. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio governing Board of the County Water-Sewer District, approve the attached agreement for reimbursement of costs related to construction of a wastewater force main to serve the M & E Trailer Park and record Agreement in Collier County Official Records ,o. d., HAY 1 ~ 2002 PREPARED BY: Ann Ma~rie Saylor, q~rations Analyst Public Utilities Division REVIEWED BY: ~..~__. $".1 .o~.... Harry Huber, Senior Project Engineer Public Utilities Engineering Department REVIEWED BY: Thomas G. Wides, Interim Administra(or' Public Utilities Division .o. //_,, ~,, HAY 1 ~ 2002 REIMBURSEMENT TO DEVELOPER AGREEMENT Henderson Creek Sewer Service Project This Agreement is entered into on this ~ day of ,2002, by and between the SPIKECO, INC., a business that is incorporated in the State of Florida (hereinafter "Developer") and the BOARD OF COI_rNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the governing body of Collier County, and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter "County"). RECITALS: WHEREAS, this agreement is to finalize the terms, conditions and provisions for Wastewater Service to the M & E Trailer Park ("Developer"). The service property is located on Henderson Creek Drive. Developer has requested that the County provide regional wastewater system facilities to this property: and WHEREAS, "Developer" includes Developer's heirs, successors, and assigns, including but not lirmted to any wholly owned or controlled subsidiary entity or entities of the M & E Trailer Park; and WHEREAS, "County" shall include its successors and/or assigns; and WHEREAS, Developer a~ees to pay the total project costs associated with providing wastewater service to its respective property. Should properties now identified as folio numbers 00725720005 and/or 00725080004 (presently owned by Ethel Schroen) and properties identified as folio numbers 00725400008 and/or 00725120003 (presently owned by B & I Investments) connect to the County's sewer system within seven (7) years of the effective date of this Agreement, a pro-rata share (as identified by total acreage of the respective parcel or parcels) shall be paid by the respective property owners to the Developer and the amount of money paid to the developer shall be the total acreage of property identified below as a percentage of the HAY 1 2002 combined acreage of the respective property owners and the Developer. To illustrate see the following table: Property I.D. Number Acreage PercentofTotal 00725440000 5.76 34.3% 00725400008 and 00725120003 4.98 29.7%. 00725720005 and 00725080004 6.02 36.0%. The added customers shall pa)' their respective percentage of the original total costs to the Developer. This will be allocated to the developer in relation to the original contribution; and WHEREAS, Developer (or its respective successors) must connect to the County Regional Wastewater Facilities upon completion of said project and upon payment of applicable impact fees; and V~q-IEREAS, Developer has accepted the terms and conditions set forth in this Agreement as part of the County's review and approval of the Developer's land use petitions. NOW, THEREFORE, the parties agree as follows: 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. 2. CONNECTION TO FACILITIES. The Facilities are being constructed as a permanent facility along Henderson Creek Drive. The purpose is to serve the M & E Trailer Park pursuant to the ,terms of this Agreement. Additional customers may connect to the wastewater system only subject to payment of then applicable impact fees to the County, and payment of the pro-rata share reimbursement of costs to the Developer as specified above. These payments may be made in seven (7) equal annual installments unless agreed to otherwise in writing by Developer. Any internal connections or facilities within the properties that connect to county wastewater facilities must be constructed and financed by Developer, separate and apart from this agreement. 3. COLLECTION OF COSTS OF CONSTRUCTION. Developer agrees to pay all cost of construction. This total cost will be levied against the property and payment will be due monthly as part of the water and sewer monthly user rates and shall be paid in full to the County in ten (10) calendar years. Interest shall be charged at the interest rate charged to the Developer in financing the construction. Failure to pay any monthly billing within the normal monthly billing cycle may, at the discretion of the Director of Utilities, ~ result in discontinuance of service and filing of a liens against the property of the customers of this service. 4. MAINTENANCE OF FACIJ~ITIES. Title to the wastewater facilities that will run along Henderson Creek Drive will be owned and will be maintained by the County. All internal facilities within your properties will be owned and maintained by Developer. 5. TEtLM. The term of this agreement shall be ten (10) years from the date of its adoption by the Board of County Commissioners of Collier County. BINDING EFFECT. This Agreement shall be binding upon each part3' hereto. the successors and assigns. IN WITNESS WI4EREOF. the parties hereto have caused these presents to be executed the date and year first above written. Gene Faust, Property Co- Owner AGENDA IT£1~ Ii; By: : Donald H. Cheffer, Propert W~ness Sigr~ature (Pril ,..~ q WJtne¥ (Pffnt Name) ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIERCOL'-NTY WATER-SEWER DISTRICT By: Deputy Clerk By: JAYMES N. COLETTA,. Chairman Approved as to form and legal sufficiency. Thomas C. Palmer, Assistant County Attorney ams/agreemenffhenders oncreek4/15/02 EXECUTIVE SUMMARY REQUEST APPROVAL FOR THE STANDARDIZATION AND PURCHASE OF A TV/GROUT TRUCK FROM COMMUNITY UTILITIES ENVIRONMENTAL SERVICES, INC., (CUES, INC.) IN THE AMOUNT OF $209,900 OBJECTIVE: To obtain Board approval to standardize TV/Grout Trucks with CUES, Inc. and purchase one TV/Grout truck for the purpose of viewing gravity sewer lines to inspect for infiltration and repairing the broken lines by the use of grout pumped in by the truck. CONSIDERATIONS: 1. Wastewater Collections currently has two TV/Grout Trucks manufactured by CUES, Inc. The cameras, onboard computers and other componem parts are interchangeable between the trucks. 2. Wastewater Collections curremly carries an inventory of parts for two trucks valued at $15,000 which would not increase if a third vehicle were purchased. 3. There are currently seven employees trained on the use of these vehicles and training requires six months to one year. 4. Staff therefore recommends that the County standardize CUES, Inc., TV/Grout trucks. 5. Wastewater Collections has the manpower to utilize three vehicles. Staff recommends thc purchase ora third CUES, Inc., TV/Grout Truck. FISCAL IMPACT: The cost of thc TV/Grout Truck is $209.900. The Funds are available in the Wastewater Collections Department Budget fi-om County WaterJSewer Operating Fund {4081. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board of County Commissioners approve the standardization of CUES TV/Grout Trucks and approve the purchase of one CUES, Inc.. TV/Grout truck. SUBMITTED BY: St ev' $ al~Y' M{fi'm~ejf~ 77:za~t er~c°llecti°ns Jo~Ch~atMm,~tewmer Dkector Stephen Y. Cmell, P~ch~~eral Se~ices Dkector Thom~ G. Wides. Imerm Public Utilkies Adm~i~rmor DATE: DATE: DATE: DATE: 4//.2.~/G L.... MAY lq ? 07 i EXECUTIVE SUMMARY BOARD APPROVAL OF BUDGET AMENDMENTS RECOGNIZING POSITIVE CARRY FORWARD OF A $300,000 VARIANCE IN THE POLLUTION CLEAN-UP AND RESTORATION FUND (108) AND TRANSFERRING $300,000 TO WATER POLLUTION CONTROL FUND (114) OBIEC____TIVE: Board approval of budget amendments recognizing a positive carry forward variance of $300,000 in the Pollution Clean-Up and Restoration Fund (108) and transfer of that same amount to the Water Pollution Control Fund (114). CONSIDERATIONS: As part of the annual budget process, available carry forward revenue within each fund is projected Variances in budgeted and actual carry forward are recognized via budget amendment. The Pollution Control Department has a positive carry forward of $300,000 in the Pollution Clean-up and Restoration Fund (108). The positive carry forward is due to accrued reimbursements that were to be transferred over the past ten (10) years, to pay for administrative costs in the Pollution Control Department, from the Florida Department of Environmental Protection (FDEP) (Contracts GC123, GC205, GC375, GC448, GC530 and GC623). The Carry-forward monies will be transferred from Fund 108 to Fund 114. FISCAL IMPACT: Funds are available in Pollution Clean-Up and Restoration Fund (108) and will be transferred to the Water Pollution Control Fund (114), to replace old Atomic Absorption laboratoD' equipment, purchase computers and printers for staff who do not have a computer or have an outdated computer or printer. Also, make necessary improvements to laboratory and field room and increase object code for operational needs. GROWTH MANAGEMENT IMPACT: The budget amendment is consistent with and necessary to implement several objectives and policies including surface and ground water monitoring contained within the Conservation and Coastal Management element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners recognize the appropriate carry forward and approve budget amendments. Page 2 Executive summary PREPARED BY: Mary{Corne'iisse, P ' p ' Pollution Control & Prevention Department REVIEWED BY: (~_ _.L--~ ~'~ --- ' Kay Smith, Director Pollution Control 8: Prevention Department APPROVED BY: Tom Wides, Interim Administrator Public Utilities Division Date: Date: mc/executive summary EXECUTIVE SUMMARY APPROVE A SUB-GRANTEE AGREEMENT BETWEEN COLLIER COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA FOR COASTAL IMPACT ASSISTANCE PROGRAM FUNDS IN THE AMOUNT OF $48,586 Objective: That the Board of County Commissioners approve an Agreement with The Conservancy of Southwest Florida for Coastal Impact Assistance Program funds. Consideration: On May 22, 2001, (item 16 D 10) the Board approved applying for a grant from the United States Deparmaent of Commerce, National Oceanic and Atmospheric Administration, Coastal Impact Assistance Program for the oil leak clean up at Caxambas Boating Park. At the same time, The Conservancy of Southwest Florida applied for a grant to characterize the essential habitat associations of sub adult Kemp's ridley turtles in the coastal waters of the Cape Romano-Ten Thousand Islands Aquatic Preserve. The United States Department of Commerce, National Oceanic and Atmospheric Administration awarded Collier Count).' a total of $153,290. $104,704 will go towards the oil spill clean up at Caxambas Boating Park and $48,586 to The Conservancy. The Conservancy is a sub-grantee to Collier County's grant. The purpose of the agreement between Collier County and The Conservancy is to state the covenants and conditions under which Collier County will issue funds, in the amount of $48,586, to The Conservancy. Fiscal Impact: A budget amendment is required to increase the revenue and expense budget in Project no. 34201 by $153,290 in the Parks Capital Improvement fund (306). Source of funds is a Federal grant. The adopted budget for the oil spill clean up of Caxambas Boating Park (project no. 80076) v~'as going to be funded by Unincorporated Ad Valorem taxes. A budget amendment will be required to delete the current expense budget and transfer the funds to the Parks Capital Improvement fund (306) reserve account in the amount of $100,030. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: Staff recommends that the Board of County Commissioners authorize the Board Chairman to sign the approved Agreement as negotiated by staff and approve the related budget amendments. Agenda Item No. /~ t~ ! / _ Prepared by: Debbie Roberts, Operations Analyst Departmem of Parks and Recreation Reviewedand~~~l~a~~_~ ~~~/ Approved by: ey, DireCtor- [ Department of Parks and Recreation Reviewed and Approved by: JohI~l'Dunnuck, Public .~dministrator Div, i~ion of Public Services Date: Date: Date: Agenda Ite. m No._/~ ~ / HAY 1 pg.., AGREEMENT BETWEEN COLLIER COUNTY THE CONSERVANCY OF SOUTHWEST FLORIDA COASTAL IMPACT ASSISTANCE PROGRAM THIS AGREEMENT, is entered into this day of 20~ ~ , by and between Collier County, a political subdivision of the State of Florida, and The Conservancy of Southwest Florida located at 1450 Merrihue Drive, Naples, Florida 34102. WHEREAS, Collier County and The Conservancy of Southwest Florida submitted applications to the United States Department of Commerce, National Oceanic and Atmospheric Administration, Coastal Impact Assistance Program for Collier County. Collier County was awarded $153,290, National Oceanic and Atmospheric Administration Award No. NA 170Z2090. WHEREAS, Collier County will receive $153,290 of which $104,704 will be retained by Collier County Parks and Recreation and $48,586 will be issued to The Conservancy of Southwest Florida under tax I.D. # 59-115-7084. NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I PURPOSE The purpose of this Agreement is to state the covenants and conditions under which Collier County will issue funds in the amount of $48,586 to The Conservancy of Southwest Florida. PART II CONDITIONS ON WHICH PAYMENT IS CONTINGENT Financial Accountability Collier County may have a financial system analysis and/or an audit of The Conservancy of Southwest Florida at any time the County deems necessary to determine the capability of The Conservancy of Southwest Florida to fiscally manage the project in accordance with Federal, State, and County requirements. PART HI GENERAL CONDITIONS Audits and Inspections At any time during normal business hours and as often as Collier County may deem necessary, there shall be made available by The Conservancy of Southwest Florida 'to Collier County for examination of all its records and onsite inspection of the project. The Conservancy of Southwest Florida will provide Collier County with a summary of the project upon completion of the project and prior to any funds being disbursed. Status Report The Conservancy ,of Southwest Florida will submit to Collier County Parks and Recreation an Annual Status Report and Financial Status Report (SF-260) 80 days after the fa'st year anniversary and each year thereafter for life of the award period. Award Conditions The Conservancy of Southwest Florida will abide by the National Oceanic and Atmospheric Administration Award Conditions. A copy of which will be provided to The Conservancy of Southwest Florida by Collier County Parks and Recreation. 7?; No. HAY ! WITNESS our Hands and Seals on this day of 200 ~ THE CONSERVANCY OF SOUTHWEST 0RIDA By...~ _~~~-7~,~~--~ Dr. Stelfffen Bortone, Director of Environmental Sciences ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Rec. James N. Coletta, Chairman Approved as to form and Legal sufficiency: Tom Palmer, Assistant County Attorney Agenda EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TOTALING $125,000 FOR THE EMERGENCY REPLACEMENT OF A 150-TON CHILLER AT THE SHERIFF'S CID BUILDING (OLD BARNETT BANK BUILDING), PROJECT NO. 80525. OBJECTIVE: To have the Board approve a budget amendment totaling $125,000 for the emergency replacement of a 150-ton chiller at the Sheriff's CID Building at Horseshoe Square. CONSIDERATION: On July 31, 2001, the Board of County Commissioners approved the purchase of the old Barnett Bank Property located at 2373 Horseshoe Drive South, now used as the Sheriff's CID Operations Building. This building requires the replacement of a 150-ton chiller. The 35,000 square-foot single-story building sits on 3.89 acres and is approximately 15 years old. The building requires the replacement of a 150-ton Carrier chiller, which provides chilled water to the air-conditioning system. This Carder chiller shows signs of poor maintenance, which has caused many components to become non-functional and unreliable. Non-functioning repairs include: two burned out condenser fan motors, leaking valve cover gaskets, non-working high pressure switches and damaged compressor discharge o-rings, compressor contactors in addition to other vital system repairs. Costs associated with "fixing" these items independently would equal $90,000. Monies would be better spent on replacing the entire chiller with a new 170-ton Trane unit at a cost of $125,000. These repairs are necessary for the continued operation of this newly acquired facility. Failure of these systems may result in the temporary closure of this facility while major components/pans are ordered requiring two to six weeks for shipping. Installation of a new chiller would guarantee safe operation of the air-conditioning systems for the next 10 years. Additionally, replacement of the older chiller would generate up to 25% more efficiency, thus saving energy. FISCAL IMPACT: Total costs associated with replacing the 150-ton chiller at the Sheriff's CID building are $125,000. Funds are available in the General Fund for Reserves. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth 'Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve the replacement of the chiller at the Sheriff's CID facility and necessary budget amendments as addressed within this summary. SUBMITTED BY: Daniel R Rodriguiz, va~i~lj~anager Facilities Management Department 2oo2 | Executive Summary CD Chiller Replacement Page 2 of '~ REVIEWED BY: APPROVED BY: Ski~ C~p; CFM, Director Facilities Management Department Date: Date: Jo-Anne Varcoe-Leamer, CPA, Administrator Support Services Division MAY 14 2002 EXECUT]:VE SUMMARY APPROVE A BUDGET AMENDMENT TO COVER THE COSTS TN THE AMOUNT OF $28~150 ASSOCZATED WZTH PROMO'rZNG THE "COOL SUMMER BREAKS" PROGRAM ~ To approve a budget amendment to cover the costs in the amount of $28,150 associated with promoting the annual "Cool Summer Breaks" recreational and entertainment program. CONSZDERA'rZONS: An aggressive summer campaign to promote County facilities, services and events available to County residents is scheduled to begin in June, 2002. Advertising in the print, television and radio media promoting this program will be initiated. As a result of promoting this program, it will be necessary for the Department of Public Information to purchase additional equipment and supplies. An agreement with WFGCU (Florida Gulf Coast University) to use their production facilities has also been contracted for a reasonable fee. The intent of this program is to inform the community of the many '¥un" activities, events and facilities that are available to the residents either free-of-charge or for a nominal fee. FTSCAL ZMPACT: Funds in the amount of $28,150 are available in General Fund Reserves (001). GROWTH MANAGEMENT IMPACT: None associated with this request. RECOMMENDA11ON; The Board of County Commissioners approve the budget amendment to cover the costs associated with the "Cool Summer Breaks" program which had not been budgeted for FY 01/02. Requested by:/~A,~ ~.~,~IA,'~A~',. Date ~'Q_c~-O?--- .l~n M~'ritt, DirectOr -- - t - Department of~ Approved by: Date ¢" 0¢''~ ~' ,~o-Anne Varcoe-Leamer, Administrator Administrative Services Division MAY 1 2002 ; COSTS ASSOCIATED WITH "COOL SUMMER BREAKS" PROGRAM PROMOTIONS Newspaper Advertisements IA page vertical, four-color, Friday in Local Section Naples Daily News IA page, black & white, Friday in Local Section for June, July & August Golden Gate Gazette, Immokalee Bulletin, Everglades Eco and Marco Island Eagle - June, July & August Radio Spot Commercials WINK/WNOG - June 15 - August 31 (40 spots) WAVV - June 15 - August 31 (14) spots WSGL-FM - June 15 - August 3 l (20 spots) WODX - June 15 - August 31 (40 spots) WMIB - June 15 - August 31 (40 spots) Printing Costs Brochures for disuibution Folding Cost per color copy. 14 x 1,200 Supply of paper Toner cartridges Bumper stickers Other Operatine Suoolies DVC Pro Deck for video packages for WGCU shows Battery/charger for camera Supplies for Videographer Tapes Extra Travel Contractual Services WGCU Studio/Production Costs for June, July, August Costs per show vary and include studio time, setup and lighting, teardown, Cryon operator, graphics and tapes $ 2,500.00 10,900.00 2,500.00 $15,900.00 1,350.00 1,200.00 650.00 350.00 350.00 25.00 170.00 15.00 940.00 250.00 3,500.00 350.00 100.00 500.00 500.00 3,900.00 1,400.00 4,950.00 2,000.00 TOTAL 528.150.00 i A G£N~.A IT[M~ 1'4AY 1 2002 EXECUTIVE SUMMARY EXTEND CURRENT ANNUAL ENGINEERING SERVICES AGREEMENT (98- 2835) PENDING AWARD OF NEW AGREEMENT (ESTIMATED $40,000 PER MONTH DURING THE EXTENSION PERIOD). OBJECTIVE: To afford the staff selection committee sufficient time to complete the evaluation process and to avoid an interruption in the deployment of outside engineering services. CONSIDERATIONS: On April 9, 2002, the Board of County Commissioners directed staff to convene a new selection committee to review the proposals received under the referenced RFP for general engineering services. The current RFP solicitation is a successor to the agreements previously awarded under RFP 98-2835. Firms presently under contract from the previous RFP include the following: AEC/Wilkison Agnoli, Barber & Brundage Inc. Camp, Dresser & McKee Inc. Hartman & Associates, Inc. Pittman-Hartenstein & Associates Inc. Engineers Tampa Bay Engineering Group Inc. Wilson Miller The contracts under the previous RFP are presently scheduled to expire on May 24, 2002. Prior to instituting new agreements, the selection committee must finish evaluating proposals; the Board must select the firms and contracts must be negotiated and executed with each of the selected firms. In order to allow sufficient time to complete these tasks, staff recommends that the Board extend the existing agreements until August 15, 2002, or until all of the new agreements have been negotiated and executed, whichever is later. In the event that an incumbent firm is selected under the new process, their existing agreement would become void upon execution of the new agreement by both parties. FISCAL IMPACT: The exact dates for completing the pending tasks referenced under consideration is dependent on a number of variables. Accordingly, it is difficult to accurately estimate the usage of the current contracts resulting from the recommended action. In the current fiscal year to date, the total of all work orders issued each month has averaged close to $40,000. The expenditures under this agreement are already budgeted and accounted for in the operating or capital budgets of the respective operating departments. I, A GE I~,~ 1TEM.~ MAY 1 ~ 2002 GROWTH MANAGEMENT IMPACT: There is no direct impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize the extension of all agreements under RFP 98-2835 as set forth herein and that the Purchasing/General Services Director or his designee be authorized to sign the extension agreements on behalf of the Board. SUBMITTED BY: .x_J.-'_~f_.,q'l ~'./. t..F...'( Date: ~ Ste~-e 'tSarnell~C PM Purchasing/General Services Director APPROVED BY: Date: Jo-Anne Leamer, CPA Administrative Services Administrator HAY 1 ~ 2002 EXECUTIVE SUMMARY TO AWARD BID 02-3361 "HARDWARE AND RELATED ITEMS" AT AN ANNUAL COST OF $40,000, Objective: To contract with multiple firms in order to provide hardware and related items for all County Departments to use as needed. Considerations: On March 27, 2002, invitation to bid notices were sent to thirty-five (35) firms providing this service. Twenty-three (23) firms requested complete bid packages. On April 17, 2002, bids were received from six (6) firms. The bid results are listed in the attached bid tabulation sheet. The categories were based on the most commonly used materials and supplies, which included: hand/power tools, building materials, general hardware, maintenance items and farming supplies. Due to the location of remote facilities and the necessity to quickly pick up parts and supplies, staff recommends awarding to all six (6) firms. Whenever possible, the vendor with the greater discount would be utilized first. Growth Mana,qement Impact: This will not affect the Growth Management Impact. Fiscal Impact: The fiscal impact associated with this item is estimated to be $40,000 annually. This is a County-wide bid, and requisitions shall be issued by each using department from their cost centers as needed. Recommendation: That the Board of County Commissioners award Bid #02-3361 to Jack and Ann's Feed & Supply, Inc., McConnell's True Value Hardware, Hawkeye Tool and Supply, Inc., Plumbmaster Professional Group, Sunshine Ace Hardware, Inc., and ITW Inc., d/b/a AAA Tool and Supply for Hardware and Related Items in the manner specified herein. Prepared by: . ~-~.¢/¢~ ~¢' ,"~\.~. ¢'._.Z.2-.'.:~ ...~ Date Fred ~. Blatchl~ey~ ,7'~ Purchasing Agent Reviewed and Approved by:,, ~,~'---"~2~/-'~'z;"¢"'-~'~ ~ Date Skip Ca~mp, CFM ' Facilities Management Director Reviewed and ~__~ ~/~. (¢'), ~-~/. ~_/~ ,~ Approved by: ~:~ ? Step~&n Y. C~rnell, Purchasing/General Services Director Date Reviewed and Approved by: Jo-Anne Leamer, Administrative Services Administrator Date NAY 1 ZOO2 Pg, _.~_..~ HAY 1 ~ 20132 EXECUTIVE SUMMARY APPROVE AGREEMENT WITH CEDAR ENTERPRISE SOLUTIONS TO DEVELOP AND DELIVER TRAINING TO COUNTY STAFF PURSUSANT TO IMPLEMENTING THE NEW FINANCIAL MANAGEMENT SOFTWARE SYSTEM AT AN ESTIMATED COST OF $185,955. OBJECTIVE: To train employees in the Board, Clerk of Courts and Supervisor of Elections agencies in the use of the new finanical management software in a timely and comprehensive manner. CONSIDERATIONS: On September 11,2001, the Board of County Commissioners entered into agreement to license an integrated financial management software system with SAP Public Services Inc. and entered into a separate agreement with Cedar Enterprise Solutions Inc. to implement the SAP software. The new system will greatly modernize business functionality pursuant in several areas including, but not limited to; Purchasing, Inventory Management, Accounts Payables and Receivables, Employee Recruitment, Human Resource Management, Payroll Production and Management, Employee Benefit Management, Budget Preparation and Administration. Cedar personnel have been on site since mid-October working with a multi- agency staff project team to develop and implement the new solution. As of this date, the system design and the initial system configuration have been completed. The Project Team has begun entering the actual business procedures (estimated at close to 1,000) into the system. Testing of these procedures will commence in June. When that portion of the work is completed, the modules will be integrated and the integration tested An important parallel activity is the development and delivery of training to the using employees in each of the three agencies. Under the County's agreement with Cedar, a separate statement of work has been drafted and negotiated that calls for Cedar to develop courseware and train a team of County staff members to deliver 22 "courses" to various targeted user audiences. Training will begin in August and will be fully completed when (or shortly after) the system goes live on October 1st. The Clerk's Management Information System department and the Board's IT department will be responsible for coordinating the delivery of training and maintaining the coursework for on going training purposes. Fees and expenses under the Statement of Work have been negotiated on a time and materials basis, MAY 1 q 2002 FISCAL IMPACT: The total fiscal impact for the Statement of Work is estimated to be $185,955, which includes professional fees and reimbursable expenses. These costs were anticipated and included in the project budget Training development will commence immediately upon the approval of the agenda item. GROWTH MANAGEMENT IMPACT: There is no direct impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize the Statement of Work with Cedar Enterprise Solutions, Inc. and that the Chairman be authorized to sign the document on behalf of the Board. SUBMITTED BY: ,~'~,,~'i,~'~ ~ .' (-"~'~/ Date: ~ ' Ste-v~ cam~'ll, CPM Purc/Basing/Gener,~ Services Director REVIEWED BY: ..~.?~-,',,-/',,~/~--/?'~'"~z,/ Date: ~'/,~/,' zf J..~es L. Mitchell, CIA, CFE, CBA Fi~t~ance Director APPROVED BY: ~-~/ Date: ~.~ "~' Jo-Anne Leamer, CPA i · Support Services Administrator HAY 1 ~ 2002 Pg..,. ~ __ cedar . April 26, 2002 Mr. Steve Carnell, CPM Collier County Government General Services Building 3201 Tamiami Trail East Naples, Florida 34112 Re: Collier County Statement of Work End-User Training Development and Delivery Dear Mr. Carnell: Cedar Enterprise Solutions, Inc. ("Consultant"), is pleased to be of service to Collier County, Florida ("Client"). This engagement letter shall serve as a Statement of Work to the Consulting Agreement, dated September 11, 2001, between Consultant and Client, which is hereby incorporated by reference. Scope of Work Consultant will provide Client with resources to conduct SAP 4.6 End-User Training Development and Delivery. Work is to begin on or before May 15, 2002 and continue until completed or no later than October 1, 2002 ("Completion Date"), unless otherwise agreed to by Client and Consultant. Tasks and Deliverables Consultant will provide the following deliverables for Client: · Review and finalize the Identified Course List, Course Content, Estimated Audience Numbers and Estimated Course Duration for each learning intervention · Develop a formal ~,chedule, agreed to by Client and Consultant, that specifically addresses deliverables and deliverable due dates · Provide bi-weekly status reports to Client Project Manager showing resources used and tasks accomplished against deliverables, timelines and estimated fees · Finalize the means of delivery for each Identified Course (i.e. on-the-job-training, tutorials, job aids or fully developed instructor-led courses) · Develop preliminary outlines for each Identified Course for review and approval, by the project team, prior to developing each course · Develop final Detailed Instruction Design Document (DID) for each Identified Course · Develop customized course materials for courses with 20 participants or more. For courses with fewer than 20 participants, both parties shall agree on the format, content and method of delivery J AGENDA ITEM. _ NO. -~ Mr, Steve Carnell, CPM Collier County Government Apr~ 26, Page 2 cedar and on the method of development and maintenance of all courseware material over time. Customization includes the following: - SAP system functions - Incorporating Client business policies and procedures Designing practices and exercises that reflect Client business processes -Development of other materials, such as quick-references, forms, etc. Specific customizations, if identified, that can be included as an appendix · Design and develop manuals as the baseline for instructor-led courses. Each manual will contain the following topics for SAP version 4.6: Basic Navigation (explains how to operate the system, understand SAP terminology and effectively access menu options); SAP functionality (process-oriented, step-by-step instructions for completing system functions) Client business policies and procedures - Training exercises (practices and exercises using scenarios that mirror the users daily data entry functions) - NOTE: All other training materials (Inquiry courses, Management Overviews, OJT, job aids, tutorials, etc.) will be developed as deemed necessary and appropriate to the subject and audience · Assist Client in identifying individuals to participate in the Train-the-Trainer program and educate these trainers on critical software issues and business processes · Perform initial Train-the-Trainer training, as pilot phase, for all identified Client trainers The following table further describes Client's and Consultant's resources, tasks and deliverables: Resource / FTE Equivalency Program Manager/1/3 FTE (Consultant Project Manager) 2/3 Client Training Coordinator Reports To: Technical Writers/3 FTEs (Consultant Courseware Developers with expertise in HR, Finance and Materials Management) for the development phase ¼ to '~ FTE for maintenance Client and Consultant Project Directors until the program is and implemented. Reassign once it's a maintenance project Program manager for the duration of the development of the program (3 months) Reassessed once the program is ready for maintenance Duties / Tasks · Develops project plan · Manages resources to the plan and budget · Manages the development of procedures for implementing and maintaining the program · Reports status/program effectiveness to management Responsible for completing all tasks associated with creating the courseware: · Set up documentation standards · Develop processes for courseware review and approval cycles · CreateNVfite detailed instructional design documents · Wdte and maintain courseware for all delivery methods Responsible for varying tasks to include: {-: AG£ A ~'TEM~ '! MAY 14 2002 Trainers/TBD (4 - 6) Estimated at 4 --6. Client has Program manager for the duration of the Mr. Steve Camell, CPM Collier County Government April 26, 2002 Page 3 cedar Resource I FTE Equivalency Reports To: Duties [ Tasks expressed the desire to use a bain-the-trainer approach development phase Reassessed once the program is ready for maintenance Training Administrator/½ FTE Program manager for the Assist the wdters with developing the courseware. · Test the courseware for accuracy against the training database · Edit the courseware where needed · Deliver training to all audiences · Evaluate/Recommend improvements to the courseware and overall program Responsible for all logistics: dudng development ¼ FTE dudng all other phases of the program duration of the development phase Reassessed once the program is ready for maintenance · Set up class schedules · Communicate with users about class schedules · Set up training facilities · Order supplies for training delivery · Track training evaluations Subject Matter Experts/1/3 FTE during all development phases Client and Consultant Project Directors with dotted-line reporting to the Training Program Manager Responsible for vadous supporting tasks to include: Review/Approve DIDs · Provide procedural expe~ise where applicable · Test courseware against the training database · Approve courseware Timelines and Deadlines The following timeline outlines the tasks that must be completed to develop, deliver, evaluate and maintain the end-usertraining program for Client's SAP system implementation in October 2002. The timeline has been designed based on the recommended resources noted in the previous section of this report. May 2002 JTask . / De~ine ~e training Iprogram's obiectives Responsible Start/Due Date Comments Resource Client Management Now/Before the Two/Three measurable development phase goals from which to track begins results Determine the Client Management Now/May resource team slated Program Manager, .two writers, trainers an(~ · _.., .... -., l",, Mr. Steve Can?ell, CPM Collier County Government April 26, 2002 Page 4 cedar ill Task to workon the program development Determine the baseline courseware standards Establish the Responsible Resource Project Team FTE Wdters StartiDue Date Now/May Now/May Comments administrator need to be assigned This includes style, courseware templates for each delivery method and tools Use shared drive and set up documentation library and development standards for stodng all program courseware, communications all directories and folders for each course. Establish naming conventions and secudty procedures Create documentation revision, edit, review and approval processes Evaluate the training database and sandbox environmenm Complete the business processes associated with the SAP system functionality Determine the detailed curriculum for each idenUfied course, job aids (quick reference guides), tutorials or other learning interventions Create the DIDs for all courses (includes end- of-class exercises, quizzes evaluations) Create the courseware development schedule Project Team/FTE Wdters/Client Management Wnters/Trainers Subject Matter Experts (SMEs)/Cons. ultant Implementation Consultants Subject Matter Experts (SMEs)/FTE Writers FTE WdtersFrrainers Program Manager/ Wdtefl Trainers Now/May Now/May Now/May Now/May Now/May May Does the training database have enough data and is it functional for developing courseware May 2002 Task Responsible Start/Due Date Comments Resource Develop courseware FTE Wdters/Trainers May - July Begin by developing the for the basic courses baseline course to be used as the basis for all other courses ~ AGENOA :[TEN__ i No ,~ 1 2002. Mr. Steve Cernell, CPM Collier County Government April 26, 2OO2 Page 5 August 2002 Task Responsible Start/Due Date Comments Resource Pilot Training/Train- FTE Wdters/Trainers 3-4 weeks the-Trainer sessions 4-6 Client trainers September/October 2002 Task Responsible Start/Due Date Comments Resource Deliver end-user FTE Writers/Trainers 8 weeks training 4-6 Client trainers January/February 2003 Task 90-day evaluation Develop and deliver refresher training/ Revise the program based on feedback from the 90-day evaluation Responsible Resource Client Training Program Manager 4-6 Client trainers Training Administrator Client Training Program Manager 4-6 Client trainers Training Administrator Start/Due Date 8 weeks TBD Comments Assumptions Listed below are assumptions that were identified during Client's training needs analysis and upon which this statement of work is based: 1. Client is implementing SAP version 4.6 functionality that includes: Human Resource (Recruitment, Organizational Management, Personnel Administration) Benefits Payroll Financials (General Ledger, Asset Accounting, Funds Management, Purchasing, AP, AR, Project Systems as it relates to the GL, and Materials Management [Inventory Processing, Master Data]) 2. Training will be presented on version 4.6 of the SAP applications using a networked version of the software in the training environment; 3. Client has determined that program ownership for this End User Training initiative will be co- managed by a designated lead from the Clerk's MIS and Board's IT groups. 4. Collier's project team and technical support staff will be responsible for building a customized training database to be used in training and for maintaining it for fulfilling long-term training requirements; 5. Users will receive appropriate training in Windows and Office applications prior tolb?~_~A SAP functional training; - ? 1 .. .. ,,,_.~...,::, --,.~ ,.,-. ~. ~ ,. -_,., · ..... .- ......-_, ~..:~ .. -, ..-. . Mr. Steve Carnell, CPM Collier County Government April 26, 2002 Page 6 cedar 6. If a copy of Client's database is used as a training database, it must be delivered on the date agreed upon in the planning session or we can not commit to the deliverables timeline; 7. Adequate workstations with appropriate connectivity will be provided for documentation specialists to complete their work; 8. After the planning session, a determination will be made for the specific development activities which will be accomplished on-site at Client, versus at the consultant's home base (Client is not expected to travel); 9. The costs outlined are on a time and materials basis and are estimates. They may need to be adjusted once planning sessions are completed and the full scope of the project is determined; 10. Documentation standards will be developed and maintained by Client; 11. Delivery of the end-user training will take place at locations yet to be determined; 12. The final course list, course content, audience numbers and course duration for each learning intervention will be determined during the development phase of the project as well as specific dates for training delivery. 13. Training delivery is priced at a daily rate of $1500 for up to twelve participants in each class. 14. The 31 delivery days were calculated based on the audience numbers provided in the need assessment sessions. This is a best guess and will have to be finalized during the development phase based on audience breakdown per module and is based on Consultant providing SAP content instruction to Collier trainers only. 15. The desired training delivery dates will be determined in the development phase of the project; 16. Maximum number of students for Cedar led Train-the-Trainer sessions is 12 per class day, additional daily charges will apply to classes with more than 12 students; 17. Class delivery exceeding four (4) hours is considered a full day rate; 18. Collier will be responsible for printing of materials for all class deliveries, 19. Training instructors will be assigned based on their expertise within the functional subject area; this may result in multiple instructors assigned in any one week for specific functional areas scheduled for delivery; 20. Training participants are fully committed to the scheduled days of :raining; interruptions are discouraged because the materials build upon knowledge from previous sections. 21. Consultant has no obligation or liability to maintain or provide future upgrade versions cf these materials within this contract. 22. Travel expenses are estimated at 15% of the total project fees will not exceed 20% of the total project costs. Risks/Constraints The following resource and logistical issues were identified during the interview process as possible impediments to the ultimate success of the training initiative if they are not implemented to coincide with the overall project timeline. 1. Resources recommended are to be identified and involved in the program development by May 15, 2002 to successfully implement the program according to the timeline published in this report. 2.Subject matter experts are to be identified and assigned to the project no later than May 15, 2002, to implement the program according to the timeline published in this report. 3. The number of courseware development hours listed is based on developing courseware for large audience topics only (audiences over 20 attendees). It is imperative that both parties pay close attention to the development of other learning interventions for all other audiences to insure adequate training takes place for all Collier SAP users, IAGEH~-~ Mr. Steve Carnell, CPM Collier County Government April 26, 2002 Page 7 cedar i Fees consultant will conduct this engagement on a time and materials basis. The following chart summarizes Consultant's planned resources, tasks, rates, estimated days/hours and associated professional fees. Both parties agree that Consultant shall not perform services to exceed the estimated hours/days which would result in exceeding the estimated total fees unless otherwise agreed to by Client. Resource/Task Project Management/ Planning and Analysis Courseware Development Database Cleansing/Additions Training Delivery Rate Per Hour/ Day $175/hr $150/hr $150/hr ~ $1500/day Estimated Hours/Days 144/hrs 600/hrs 100/hrs 31/days Est, Fees Est. Total (Includincj Travel) $25,200 $90,000 $15,000 $46,500 Estimated Subtotal $161,700 +15% Est. T~vel ' $24,255 ! $185,955 The fees are based on the following resources and deliverables: 1/3 FTE Consultant Project Management 3 FTE Consultant Technical Writers/Courseware Developers Fully developed courseware for instructor-led courses for audiences of 20 or more Tutoriais, job aids and quick reference materials and other communications for all other identified courses with audiences under 20 3. Expenses Consultant will follow guidelines practiced by Client as stated in the State of Florida Travel Reimbursement Policy Section 112.061 "Per diem and travel expenses of public officers, employees, and authorized persons". Per paragraph 6, and in anticipation actual expenses will exceed an average of $50 per day per traveler, Client will reimburse Consultant for actual lodging expense (Consultant will obtain government rate whenever available) and meals at $21 per day. Client will also reimburse for actual travel expense (airfare, rental car, or mileage as applicable). Other applicable allowable expenses tb this contract include taxi and ferry fares, bridge, road, and tunnel tolls and parking fees, which shall be reimbursed at actual cost provided these expenses are incurred pursuant to travel to and from the Client site. Miscellaneous office expenses for supplies, copies, binders, etc. will not be allowed on an individual basis without prior approval from Client. 5. Recruitment Fees In no event will Consultant or Client consent to the hiring of any of its employees or independent contractors unless mutually agreed upon by both parties. Neither party shall unreasonably withhold consent. This agreement shall remain in place for a period of one year from the corn ,letion of the project. AG£NOA ,~ T_~ ~ flAY I 2002 Mr. Steve CarnelI, CPM ColllerCountyGovernment Aprfl2~ 2002 Page 8 6. Acceptance As Consultant completes discrete portions of the Services to be performed under this Statement of Work, Consultant may deliver such portions to Client for review and Acceptance. Such review will be for compliance of such discrete portion with this Statement of Work. All such portions delivered will be deemed accepted by Client unless Client provides written notice of objection, within five (15) days after delivery of such portions, which written notice of objection will include a reasonably detailed description of: (i) the grounds for objection and (ii) all changes requested by Client in order for such portions to be accepted by Client. In the event that Client provides such written notice of objection, Consultant and Client will promptly meet and use all reasonable means to resolve the issues in dispute. Invoicing Consultant will invoice Client for fees and expenses upon Acceptance of Deliverables. Payments shall be made in accordance with the Florida Prompt Payment Act. Such invoices shall be sent to the following address: Attn: Remittances shall be sent to the following address: Cedar Enterprise Solutions, Inc. P. O. Box 75209 Baltimore, MD 21275-5209 Change Control Client or Consultant may request changes to the Statement of Work at any time. Since a change could affect the fees, schedule, or other terms of the Statement of Work, both the Client Projec~ Manager and Consultant Pro)ect Executive must review and approve each change prior to implementation. Thank you for partnering with Cedar for this important project, we took forward to working with you. AGENOA ]TEN,.~..~: NO .~ 1 q 2002 Pg. /~ Mr. Steve Carnell, CPM Collier County Government April 26, 2002 Page 9 cedar i ACCEPTED AND AGREED: IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set forth above. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By:¸ Date: By: Approved as to form and legal sufficiency: ..,,,..,~ ,....--'"'"""--~ ~nty Attorney James N. Coletta, Chairman CEDAR ENTERPRISE SOLUTIONS, INC. Witness Witness By: Dennis Parkinson Vice President and General Manager Public Sector Cedar Enterprise Solutions, Inc. ATTN: David A DeGroot 1420 45 Avenue North St Petersburg, FL 33703 Phone: 727-528-1168 · Fax: 810-816-6722 EXECUT][VE SUMMARY RE(~UEST BOARD APPROVAL OF A BUDGET AMENDMENT TN THE AMOUNT OF $22,000 TO COVER THE COSTS ASSOCZATED WTrH THE NAPLES STUDZO CONTRACT j).~..~/.~.' The Board of County Commissioners approve the necessary budget amendment in the amount of $22,000 to cover the costs associated with the Naples Studio contract. (;ONSZDERA'I'ZONS: The Department of Public Information contracts with Naples Studio to produce and video tape the bi-monthly Collier 2002 television show. During the Fiscal Year 00/01, there was a shortfall in the department budget requiring the last payment in that fiscal year be made from Fiscal Year 01/02 resulting in a deficit of $22,000 in the present budget. This is the department's premier show; this production is the County's "news" show providing information on a multitude of County activities. If this situation continues without being remedied, the department will continue to experience a deficient in each ensuing fiscal year's budget. FZSCAL IMPACT: Franchise Fees. Funds in the amount of $22,000 are available in Fund 111, Cable GROWTH MANAGEMENT ZI4PACT: None associated with this request. RECOMMENDA'r'LON: That the Board of County Commissioners approve the budget amendment in the amount of $22,000 to cover the costs of contractual services and remedy the present deficit. Requested by ~~ ~-~ ~ / CL~ ,i ~\ JUan Merritt, Dire~t0r~ - ' Department of Public Information APproved by ~ .]o-Anne Varcoe-Leamer, Administrator Administrative Services Division MAY 1 2002 EXECUTIVE SUMMARY AWARD CONTRACT # 02-3324 "FIXED TERM PROFESSIONAL SURVEYING AND PHOTOGRAMETRIC SERVICES" TO: AGNOLI, BARBER & BRUNDAGE OBJECTIVE: To receive the Boards' approval for award of a professional services contract to a final firm in order to provide professional Surveying and Photogrametric services for multiple projects without issuing individual Requests for Proposal. CONSIDERATIONS: On February 26, 2002, the Board approved Agenda Item No. (16) (E) (1) authorizing staff to begin contract negotiations with the six top ranked firms for professional Surveying and Photogrametric Services for Collier County. Contract negotiations were successfully completed by staff for five of the six firms in time for the April 23, 2002 Board meeting, and were approved as Agenda item 16 (E) 2. At that time, the Executive Summary referenced the fact that one remaining contract would be submitted for approval at a later date pending successful completion of negotiations. The negotiations with Agnoli, Barber & Brundage have been successfully completed and the contract has been finalized for signature. FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user Department. GROWTH MANAGEMENT IMPACT: While this contract has no direct growth management impact, they are consistent with the County's long-tern growth plans. RECOMMENDATION: That the Board of County Commissioners (1) award a professional services agreement to Agnoli, Barber' & Brundage and (2) authorize the Chairman of the Boarc to sign the standard, County Attorney approved agreement. SUBMITTED BY: REVIEWED BY: · ~/ ,. ," ¢-!, ,/ K_~sey VV,,a/i/d,'Seni~r Purchasing & ~ontracts"'Agent, Purchasing Department '(~:'~, ~. ~f'~ ~/' Date' °s~ve'Carne'll, Director Purchasing/General Services Department ~ Date: Jo-Anne Varcoe-Leamer, Administrative Services Division Administrator APPROVED BY: -7/ MAY 1 2OO2 EXECUTIVE SUMMARY AWARD RFP 02-3344 FOR WELLFIELD MAINTENANCE AND REHABILITATION TO DIVERSIFIED DRILLING CORP. AND HAUSlNGER & ASSOCIATES, INC. FOR AN ESTIMATED ANNUAL AMOUNT OF $650,000. OBJECTIVE: Obtain Board's approval of Committee's shortlist selection of firms for Wellfield Maintenance and Rehabilitation to provide on-going scheduled and emergency service and analysis for the County wellfields. CONSIDERATIONS: On February 6, 2002, a Request for Proposal was issued. Notices were mailed to thirty-seven (37) firms, and two (2) firms requested full proposal packages. Two (2) proposal responses were received by the March 20, 2002 deadline and were distributed to the Selection Committee members at a meeting on March 11, 2002. The Selection Committee met on April 11,2002, which resulted in the following shortlist by consensus: Diversified Drilling Corp. Hausinger & Associates, Inc. The Selection Committee members wish to award the contract on a primary/secondary basis respectively to Diversified Drilling Corp. and Hausinger & Associates to ensure coverage, particularly in emergency situations. FISCAL IMPACT: Funds for this service are available in County Water/Sewer Operating. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners award RFP 02-3344, Wellfield Maintenance and Rehabilitation, to the Committee's selection of Diversified Drilling Corp. and Hausinger & Associates, Inc. on a primary/secondary basis and authorize the Chairman to sign the standard contracts after approval by the County Attorney. SUBMITTED BY: REVIEWED BY: REVIEWED BY: Lyn'M ~V~od, Purc~'~in'g ~,[lent Stephen Y. C~nell,~rchasing/General Se~ices Director ~ Date: ~/ Jo-Anne Varcoe-Leamer, Administrative Se~ices Administrator L EXECUTIVE SUMMARY APPROVAL OF THE AMENDMENT TO THE COUNTY'S PRESCRIPTION DRUG PROGRAM PROVIDER AGREEMENT TO REDUCE PRESCRIPTION DRUG RATES AND EXTEND THE AGREEMENT ONE YEAR OBJECTIVE: To reduce the rates charged by Express Scripts for the County's Managed Prescription Drug Program by partnering with four other local employers in a contract with Express Scripts in an effort to maintain and control costs. CONSIDERATION: Currently, Collier County utilizes Express Scripts as the Managed Prescription Drug Program provider. By partnering with the Collier County Sheriff's Office, the City of Naples, Naples Community Hospital and the Collier County School Board, Express Scripts has enabled staff to secure a more favorable rate structure for the cost of prescription drugs due to the increase in the number of individuals covered under the expanded program. The original agreement with Express Scripts was entered into on January 1, 2000 for a period of 3 years and would have expired on January 2, 2003. This amendment would extend the contract term for an additional year to January 1,2004, subject to automatic extension thereafter. This new agreement will allow for an additional 1% savings on brand drugs and up to 5% on generic drugs through mail order purchases, as they have been able to offer the group a more favorable rate structure due to the increased size of the program. Further, the entities involved will enjoy a consistent formulary arrangement; consistent data reporting; and be able to analyze physician's dispensing patterns in a more objective manner. FISCAL IMPACT: The prescription drug plan is already budgeted in Fund 517, Group Health and Life, and is projected to cost in excess of $2,000,000 in FY'02. This new agreement will allow for an additional 1% savings on brand drugs and up to 5% on generic drugs through mail order purchases, as they have been able to offer the group a more favorable rate structure due to the increased size of the program. Staff will be able to estimate the savings under this contract later this year once a detailed critical factor analysis is prepared based on the prescription drug usage and cost structure under this program. GROWTH MANAGEMENT IMPACT: There is no growth management impact. i F'~. \ RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the Amendment to the Express Scripts Agreement, effective October1,2001, ~ .~,~, / /~,~ SUBMITTED BY: /~, ~(-~_ ,L~ Date: Ja~eIO Bri(~n,/ Manager ensation & Benefits REVIEWED BY: ~ j.,.~_~._ :...~ ~ Date: J~ff'r~y-~. ~Valker APPROVED BY: Director, Employee Services Jo-Anne Learner ASD Administrator Date: EXECUTIVE SUMMARY APPROVAL OF THE ADMINISTRATIVE SERVICE AGREEMENT FOR THE COUNTY'S SELF-FUNDED SHORT-TERM DISABILITY BENEFIT PROGRAM WITH SUN LIFE ASSURANCE COMPANY FOR APPROXIMATELY $39,000 IN FY'02. OBJECTIVE: To obtain administrative services for the County's self-insured disability benefit program through Sun Life Assurance Company of Canada ("Sun Life") in accordance with Plan specifications to ensure that the program is managed in an effective and efficient manner. CONSIDERATION: Collier County has adopted a self-funded program for short-term disability ("the Plan") for its Employees. The Plan's benefits are self-funded and the County recognizes that it has full financial and legal responsibility for the risks and liabilities covered by the plan. In October, 2001, the County sought proposals through its contracted broker, Willis Corporation, for carriers interested in providing short term and long term disability insurance administration and coverage to its group benefit program. Two carriers, UNIM and Sun Life, were interviewed and it was determined that only Sun Life could administer the plan funds and the long term disability program according to staff's stated specifications. The County is not equipped to handle the claim review that is necessary to ensure the appropriate use of this program. This type of arrangement with Sun Life enables them to establish a basis for future determination if the disability extends beyond 180 days. At that time, the disability would convert to a long-term arrangement which is insured by Sun Life and they will already have the necessary information to make that determination. In late February, staff was presented with a request from Sun Life for an administrative service agreement for the self-funded short-term disability portion of the program. Staff did not expect the need for a separate agreement previously and this service was thought to be included in the long-term disability insurance portion of the program. Staff sought and received an approval as to legal sufficiency from the County Attorney's office and has attached the agreement for the Board's approval. This plan is in effect from January 1,2002, for one year subject to automatic renewal January 1,2003, subject to the Termination and Renewal Provisions of the Agreement. FISCAL IMPACT: The County has negotiated a rate of $2.20 per month per participating employee with Sun Life for Administrative Services. With an estimated 1,980 employees covered from January 1,2002 through the remainder of FY'02, the total fiscal impact of this agreement is approximately $39,000. Funds for this program are currently budgeted in Fund 519, Disability Benefits. I AGEr~A ~T~:~,'. ~" .lL~o._. f I GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the Administrative Service Agreement for Short-term Disability with Sun Life Assurance Company of Canada ~,ctive Ja/r~uary 2, 2002. J~(~ O'Brie~', I~lanager C ~ensation & Benefits ~ff~y ~W~lker Director, Employee Se~ices APPROVED BY: Oo-Anne koamer ASD Administrator Date: Date: ~/?/¢ ~'"' MAY 1 ~ 2002 EXECUTIVE SUMMARY AUTHORIZE THE TERMINATION OF THE CBSA ON-SITE CUSTOMER SERVICE SUPPORT FOR THE COUNTY'S HEALTH INSURANCE PROGRAM AND THE CREATION OF A FULL-TIME EMPLOYEE IN THE EMPLOYEE SERVICES CENTER TO PROVIDE THESE SERVICES AT AN ANNUAL SAVINGS TO THE COUNTY OF $10,000. OBJECTIVE: Improve customer service in the employee benefits, compensation and wellness areas by adding a full-time Human Resource Technician to replace the existing 30-hour per week contract employee from CBSA, the County's third- party administrator for employee health benefits. CONSIDERATION: Currently, Collier County utilizes the services of our third- party health care administrator, CBSA, to provide on-site customer service for its health insurance program. The representative for CBSA works 30 hours per week and the cost to Collier County is approximately $50,000 per year. After reviewing the program it has been determined that a full time position could be created to provide enhanced customer service in this area at a cost savings to the county. This would provide the Employee Services Department with an additional 10 man-hours per week, which will allow a broader range of services to be delivered. By reallocating these funds to a full-time Collier County employee, we will gain the opportunity to have complete control of the daily work schedule. This new position would provide service to all employee benefit needs including retirement and wellness while also supporting the compensation review projects of the section. This individual would also be available to assist in the day-to-day operational needs of the department overall. The estimated cost of this position including benefits would be approximately $40,000 per year, a savings of approximately $10,000. FISCAL IMPACT: The current cost to obtain the services from CBSA is approximately $50,000 on an annual basis for 30 hours per week of service. This cost is currently budgeted in Funds 517. A Human Resources Technician's total compensation package, including benefits, would be approximately $40,000 per year for 40 hours per week of service. This would result in a net savings of $10,000 on an annual basis. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners authorize the termination of the CBSA on-site customer service support for the County's health insurance program; the creation of a new, full-time employee in the Employee Services Center to provide these services at an annual savings to the County of the $10,000; and the approl~riate budg~t,p, rnendments needed to fund. position. SUBMITTED BY:~---..-~,,/}[~~~~)r// Date: /"//~,-~/~ Ja,ne I~'B rie n ,"~/l~{n age r REVIEWED BY: APPROVED BY: C?m~ pensation & Benefits Je~fC'~y-A. Walker Director, Employee Services Jo-Anne Leamer ASD Administrator Date: EXECUTIVE SUMMARY REJECTION OF PROPOSALS FOR RFP #02-3353, REVISION OF HUMAN RESOURCES PRACTICES AND PROCEDURES DUE TO A CHANGE IN THE SCOPE OF SERVICES REQUIRED FOR THE PROJECT. OBJECTIVE: To receive a rejection of the proposals received for RFP # 02-3353, Revision of Human Resources Practices and Procedures, due to a change in the scope of services. CONSIDERATIONS: Pursuant to the Collier County Personnel Ordinance and Florida Statues 125.174, the County Manager through its Employee Services Department creates, maintains, and administers a set of policies and procedures entitled, Human Resources Practices and Procedures. From time to time, this document requires an update or re- write, in order to stay abreast with current law, avoid internal conflict and contradiction, and remain relevant to everyday practice. Staff sought a request for proposals from qualified firms to review the county's current practices and procedures manual and provide a re-write to comply with these objectives. Specifically, the RFP sought the following scope of services to accomplish a document that: a) Clarifies and uses more concisely defined terms. b) Eliminates internal conflicts, ambiguities and inconsistencies in the body of the manual. c) Revises the format and structure to make the manual user-friendly. d) Clearly defines procedures, roles and responsibilities. e) Develops a clear and simple means of cross-referencing both within the manual and to other related source materials and includes these materials as part of the appendix or other appropriate reference section. f) Identifies additional policies, practices and procedures that should be established and included within the manual and prepares same as directed. g) The manual shall be delivered in electronic format suitable for inclusion in the County's website and shall become solely the property of Collier County. h) The manual shall be consistent with all Federal, State and Local laws, and ordinances and shall be based on sound labor law with supporting references. i) The final manual will be produced and delivered to the County in a three ring bound hard copy format at a quantity of 1,600. 1 4 2002 After a careful review of the proposals received and the completion of interviews, it was determined that in order to fully accomplish this project, a more in-depth audit of the Human Resources function must be accomplished beforehand. Such an audit will set forth the groundwork from which the Practices and Procedures Manual may be completed. Due to the fact that the audit was not anticipated in the RFP scope of services, it is recommended that the proposals be rejected, that the scope of services be modified and clarified and that proposals be re-solicited in the manner warranted. FISCAL IMPACT: There is no fiscal impact related to this rejection of proposals. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this item. RECOMMENDATION: It is recommended that the Board of Commissioners reject the proposals received under RFP # 02-3353, Revision of Human Resources Practices and Procedures, due to a change in the scope of services. SUBMITTED BY: ;,~_.'7-fl~ ~/.X.__~ Date: Jet4f'W~,l~er, CPCU, ARM, Director, Employee Services Department si-eve dhmelll ~Director Purchasing and General Services Department Jo-Anne Varcoe-Leamer, Administrative Services Administrator 1A¥ 1 2002 Pg.,_ _D EXECUTIVE SUMMARY SECURE APPROVAL OF AN ASSIGNMENT OF LEASE BETWEEN OMNIPOINT HOLDINGS, INC., AND CLEARSHOT COMMUNICATIONS, INC., HAVING NO FISCAL IMPACT ON THE COUNTY. OBJECTIVE: Secure approval of an Assignment of Lease between Omnipoint Holdings, Inc., and ClearShot Communications, Inc. CONSIDERATIONS: On May 22, 2001, the Board of County Commissioners approved a Lease Agreement with Omnipoint Holdings, Inc, (Omnipoint), for the construction of a flagpole type communications tower at the Golden Gate Public Safety Complex. That tower is in place and operational. Omnipoint is proposing to transfer its interest in the tower to ClearShot Communications, Inc. (ClearShot), and pursuant to the County's Lease with Omnipoint, Omnipoint must first obtain the County's approval. The Office of the County Attorney has reviewed and approved the attached Assignment of Lease. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Assignment of Lease between Omnipoint and ClearShot and authorize its Chairman to execute the Assignment on behalf of the County. SUBMITTED B 4. - ~ Michael gement Facilities Management Department REVIEWED BY: DATE: Specialist '~(~ .~ DATE: Z~-{ '-~ ct~a~les E. Oarrington, JrJ, SRAMA, Manager property Acquisition & Construction Management Facilities Management Department DATE: DATE: REVIEWED BY: "Sl~ip Camp, Direct~)r Facilities Mapagement DepArtment APPROVED BY eri 'i m ator Emergency Se~ices Division AGENDA ITEM No. MAY 2002 pg.,, Lease #878 ASSIGNMENT OF LEASE This Assig~m~ent of Lease is dated this of ,2002, by and between Omnipoint Holdings, Inc., also known as Voicestream Wireless, hereinafter referred to as "Assignor", and ClearShot Communications, Inc., hereinafter referred to as "Assignee". in consideration of the sum often Dollars ($10.00) and other good and valuable consideration paid on this day, Assignor hereby assigns all its rights, interest and obligations in that certain Lease Agreement dated May 22, 2001, by and between Assignor as Lessee and the Board of County Commissioners of Collie~ Coun. ty, Florida, as Lessor, to Assignee. Assignee, being ClearShot Communications, Inc., does hereby agree to assume all rights, interest and obligations of Lessee under said Lease. Exhibit B-I is attached hereto and made a part hereof this Assigmnent of Lease. IN WITNESS WHEREOF, the parties have WITNESSES: {print or type name) executed this Assignment the date first written abov.e. ASSIGNOR: OMNIPOINT HOLDINGS, INC. Also k~)mr-~ VOICESTREAM WIRELESS BY: L) o-~2. ~ TITLE: Director of Engineering and Operations DATE EXECUTED: (Corporate seal) WITNESSES: (Sighatt (print or type name) ASSIGNEE: ~ CLE^r SHO'rC T ONS, DATE EXECUTED: (Corporate seal) Consented to this day of ,2002. ATTEST: DATED: DWIGHT E. BROCK, Clerk Deputy Clerk BOARI9 OF COL~!TY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman Approved as to form and legal su.~ciency: [homas C. Palmer, Assistant County Attorney AGENDA'ITE,M No. /,,_/-'/ MAY 1 q 2 02 Exhibit B-1 GROUND LEASE CONSENT Re: Lease Agreement ("Ground Lease") dated May 22, 2001 by and between 'Collier County, ("Lessor") and Omnipoint Holdings, Inc., also known as Voicestream Wireless ("Lessee"), with respect to that certain real property located in Collier County, Florida, more particularly described in Exhibit A ("Property"). ClearShot Communications, Inc., hereinafter referred to as "Assignee" and Lessee, hereinafter referred to as "Assignor", have signed an agreement under which Assignee may take an assignment of the Ground Lease from Assignor. The Lease is with regard to approximately 1,600 square feet of real property for a free-standing stealth flagpole design communications tower. 1. Lessor consents to the proposed assignment of Lessee's rights and interests under the Ground Lease to Assignee, with the understanding that this consent will be effective only if the proposed transaction closes and an assignment agreement is entered into between Assignee and Assignor. 2. Lessor agrees to notify Assignor (VoiceStream Wireless Corporation, 3650 131st Avenue, SE, Suite 400, Bellevue, WA 98006, Attention: David Miller, Esquire), in the event of any action by Assignee or its successors or assigns that results or could result in a default under the Ground Lease, or any attempted termination by Lessor of the Ground Lease, and to allow Assignor the same period as is set forth in the Ground Lease to cure the default. 3. Lessor agrees to accept Assignor as the new tenant under the Ground Lease, without further consent or action, in the event any reassignment by Assignee or its assignees to Assignor. 4. In the event Assignee notifies Lessor, in writing, of its intention either to terminate or not to renew the Ground Lease for any reason prior to the expiration of the last renewal term, then unless Assignor notifies Lessor, in writing, of its election otherwise and effective Ground Lease shall automatically be deemed to come into effect without further action between Lessor, as landlord and Assignee, as tenant, on the same terms as then contained in the then current Ground Lease. IN WITNESS WHEREOF, the parties have executed this Assignment the date first ~,,ritten above. ATTEST: DATED:. DWIGHT E. BROCK, Clerk - '{Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLLER COUNTY, FLORIDA BY: JAMES N. COLETrA, Chairman Approved as to form and legal sufficiency: Tho~.as C. Palmer,'Assista~-County Attorney AGENDA ITEIV No. / EXHIBIT 'A' Legal Description Ground Lease at 4741 Golden Gate Parkway Naples, Florida A portion of Block 115, Golden Gate, Unit 4, according to the Plat thereof recorded in Plat Book 5 at page 107 through 116 of the Public Records of Collier County, Florida, and more particularly described as follows: Commence at the intersection of the centerline of Golden Gate Parkway and the centerline of Coronado Parkway. Thence Noah 38" 54' 39° West along the centerline of Coronado Parkway a distance of 65.00 feet to a point on the Southwesterly extension of the Noahwesterly Right-of-way line of Golden Gate Parkway; thence N 51" 05' 21° E along the said extension of the Northwesterly Right-of-way line a distance of 78.00 feet to a permanent reference monument as shown on the plat thereof, the said monument being also the Point of Beginning of the Parcel herein described; thence N 51" 05' 21° E continuing along said Northwesterly Right-of-way line a distance of 75.00 feet to a point; thence N 38" 54' 39° W perpendicular to the said Northeasterly Right-of-way line, a distance of 150.00 feet to a point; thence S 51" 05' 21° West a distance of 108.74 feet to a point on the Northeasterly Right-of-way line of Coronado Parkway; thence Southeasterly along the Northeasterly Right-of-way line of said Coronado Parkway and along the arc of a circular curve concave Southwesterly having a radius of 898.17 feet and a central angle of 8" 00" 00° for a distance of 125.41 feet to a point of reverse curvature; thence Southeasterly, Easterly, Northeasterly along the arc of a circular curve having a radius of 25.00 feet and a central angle 90" 00' 00° for a distance of 39.27 feet to the Pint of Beginning. AGENDA ITEM No. MAY 16 2002 Pg- EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE CHAIRMAN TO SIGN A LETTER SUPPORTING AN APPLICATION TO THE FDOT FOR THE PROJECT OF THE YEAR AWARD FoR THE NAPLES AIRPORT IMPROVEMENT PROJECT AS REQUESTED BY THE NAPLES AIRPORT AUTHORITY (NAA) OBJECTIVE: To provide support for the airport improvement project. CONSIDERATIONS: The NAA undertook a major improvement project that included roadway, drainage, landscaping and other improvements to the Naples Airport. The project, which was completed primarily through FDOT grant funds, also included some landscape funding participation by Collier County for improvements along Airport Road. The NAA is now making an application to have this project considered for the FDOT project of the year designation. The NAA has requested that the Board Chair be authorized to send a supporting letter along with their application. A draft of the letter is attached. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, authorize the Chairman to sign the attached letter for inclusion with the Naples Airport Authority application for FDOT project of the year. Prepared b~ Thomas W. Olliff, Count-~~ge~- MAY 1 20112 SAMPLE LETTER OF RECKON Mr. Wayne Chewning FDOT Aviati0n/Inm-moaai Administrator P. O. Box 1249 Bm-tow, FL 33831-1249 Letter of Reco?kion and Recommendation- FDOT 2001 Airport Project of thc Year WPI # 206369-1-8401 Pleam acc~ thl. leRer in $upjxa't ofth~ City of Naples Airport Authority for the 2001 FDOT A/rport Project ofthe Year Award. As a goverm~..___,~t official, I know how difficult it can be to coordln~e apublic works project, while m~,,g every .e~rt to be a good steward of public funds and balanc~ ~he ncc& of ~ community. The Ahlx)n Road Safety and storm Water lm. provcmcnt Project is somciing that not only the Naplcs Airport Authority can be proud of bm our entire communily as well The accomp~ of thi.~ unique.project benefit thc moMlity of.people and l~oods, public ~, physical environment and esthetic values, the well-being of people and surrounding communities, cball_ .o~g~ local, slm¢ and federal agencies in the planning proce~ all in a com- eff~tive mmmo'. Collier Comfy realized the significance ofthcpublic works effort, and commltted some of its own financial resources to assist with thc transportation and acstlmic enhancements. Thc project was well ~xccut~ and completed on time and on b~._age~ I enflmsiastie~ily lend my support for its consider~on as the 2001 FDOT Project of the Year Awa~L Thank you for your consideration of ~he outstanding eft-on performed by thc airport plamgng, cngin~n,% arid cordon personnel. ~RY-08-2002 09:04 NRR 94~ 64~ 4084 P.02/0~ CITY OF NAPLI~S ~ ~_rRPORT,A~O~ 160 AVIATION' DRIVg NOR'I~ · N~ FLOI~mA 34104-3.q68 ADMINISTRATION (941) ~ FA~ 645.4084 OPERATIONS 643-0d0~ 643-1791, E.MAIL administragloa~flynaplm.eom 7 May 2OO2 Mr. Tom Oliff County Adminislrator Collier County Court House, ,Adrnn_ Btt~dhlg 2 3301 E. Tam~aml Trail Naples, Florida 33112 Letter of Re, cognition and Re~mmmdation FDOT Airport Project of the Year Award 2001 Th~ City of Naples Airport Authority has recemly oomplcUxi the de~i~on and ~n of the Airport Road Safety and Stormwater Improvement Project This is the lsrges~ project undertaken in the history of the Naples Muuidlml Airpm't and oombim-s i%nmv~onts to Ev~y year the Avi~fon Office of th~ Florida ~ of Tr~~on (FDOT) re¢o~ on~ ~port m~'ucao~ proj~-t for tl~ Omrtana~ ~ ~ O"a~ rmr Astor. Ibc award is preseu~ for o~ ~~ ~ ~ S~ ~~ ~ C~ ~ ~ ~ ~ ~ ~ ~ ~~n of ~ ~~ ~b~. Wc ~I ~i, ~j~ is ~y ~ ~ cl~ly ~ ~ it ~ m ~ &i, ~. ~ ~ f~ ~i~ion is J~ 2~. We am asking you ua support the NAA in this ~ eacl~avor by writi~ a brief leuer of recognition and recomm~!_____sfi'on for tl~ award sa that w~ may include it with our written presen~on ~o lt~ FDOT, We have taken the liberty ofal~aehing a ~m~ple leiter thai includes Th.~k you for your gme and considmalion regard~n~ this mal~. We sinc~ly hope you will support the NAA by forwarding this letter to us at your earliest convenien~. If you need additiomfl infommfion,.please con .t~t. Craig H. Davis or mys~ffat 239-643-0733, Sinee~ly, , ~rc D. Soliday F_xecmive ~ NAY ! ~ 21102 I~k'klEREA$, Vk'HE~EA$, I/YHEREA$~ PRO~LAA4A T-tON the open exchange of public discourse is essential to the democratic system of 9overnment; and, .. o$ o cornerstone of democracy Americans hav~ observed the certain rules of behavior 9enerally known as civil/t),; and, 'civility, derived fram the Latin words "cMtas" meaning cffy and "c/vis" meaning c/t/zen, is behavior worthy o£ citizens living in a communHy or in common w/th others; and, displays of anger, rudeness, ridicule, impatience, and a lack of respect and persona/a~"tock$ de~ract from the open exchange of ideas, p~ven~ ~air discussion o~ ~he i$$ue$, and can discourage /nd/v/duals f~m m government; and, civility d/verse issues and allow and, I~VHEREA$, by aU NOW designated as and calls toward each other. DONE AND ORDERED TI4~$14th Day of A~ay, 200~. DI41Z~t.IT' E. 8RO~K, ~'LERK EXECUTIVE SUMMARY REQUEST FOR LEAVE OF ABSENCE FROM THE CODE ENFORCEMENT BOARD AND THE EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE (EMSAC) OBJECTIVE: To grant a leave of absence for Kate Godfrey-Lint fi'om the-Code Enforcement Board and the Emergency Medical Services Advisory Committee. CONSIDERATIONS: A letter dated April 24, 2002 was received from Kate Godfrey (copy in backup) stating that her husband is ill and she is requesting a 2 momh leave of absence from both the Code Enforcement Board and EMSAC A list of the current membership of both committees is included in the backup. COMMITTEE RECOMMENDATION...: Code Enforcement Board -deny EMSAC - no quorum FISCAL 1MPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for a leave of absence. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners MAY 14, 2002 ~pr±l 24~2002 Ms. Kate Godfrey-Lint 530 18th. Ave.,N.E. Naples, Florida 34120 Phone (239) 348-2531 Fax (239) 348-3042 Cell (239) 564-0092 County Commissioners Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Re; Code Enforcement Board and EMSAC Dear Ms. Filson; Due to severe family medical difficuli%ies I am requesting a leave of absence from both boards for two months. My Husband Larry is suffering from acute PTSD he suffered during his two tours in Vietnam. He, is going into counsling and I hope within the next two months he will be well enough for me to leave him alone. If, this cannot be done, I thank you and the County Commissioners and the People of Collier County for permitting me to serve them for all these years. Should you have any questions. Please, feel free to contact me. Thank you. Sincerely, P.S. My e-mail address is FALCONE821@AOL.COM filson_s From: page_j Sent: Thursday, Apdl 25, 2002 3:14 PM To: fllson_s Cc: olliff_t Subject: RE: EMSAC Good afternoon. I will be happy to run it by the Advisory Council at their next meeting. I should advise you that they have not had a quorum in the past three meetings, so they have been unable to conduct any official business. In fact, over the past twelve months they have only had a quorum at six of their meetings. Jeff ..... Original Message ..... From: filson_s Sent: Thursday, April 25, 2002 1:1:04 AH To: page_j Cc: olliff_t Subject: EMSAC Hi Jeff, ! received a letter from Kate Godfrey-Lint requesting a 2 month leave from the EMSAC due to medical problems with her husband. If you would please run this past EMSAC and provide me with a recommendation, I'll present it to the BCC. Thanks and have a great day. 4/29/2002 Memo To: From: CC: Sue Filson Patti Petrulli (Supervisor Code Enforcement-CEB) Michelle Arnold 5/6/2002 Kathryn M. Godfrey (Code Enforcement Board) - Request for 2 mo. Leave of Absence On the Apdl 25, 2002, at the Code Enforcement Board Headng, the request for a 2 month Leave of Absence from board member Kathryn Godfrey was presented to the Board. The Board members present were Peter Lehman, Roberta Dusek, Clifford Flegal, George Ponte, and Rhona Saunders. After some discussion of the number of meetings that Ms. Godfrey had already been absent from, the Board unanimously voted against the Leave of Absence, and to accept Ms. Godfrey's resignation effected immediately. Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date . Term Home Phone DateRe-appt 2ndExpDat~. 2nd Term 10/06/98 02/14/00 2 Years 11/23/99 02/14/03 3 Years Mr. Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 District: A ~ Category: REGULAR - Engineer Ms. Roberta Dusek 963 Fountain Run Naples, FL 34119 District: 3 Category: Realtor Ms. Kathryn M. Godfi'ey P.O. Box 990935 Naples, FL 34116 District: 5 Category: REGULAR - Business Ms. Kathleen Curatolo 7649 San Sebastian Way Naples, FL 34109 District: ~t~ ~ Category: ALTERNATE - Professor Mr. Clifford Wesley Flegal, Jr. P.O. Box 2663 Naples, FL 34106 District: 1 Category: REGULAR/Realtor Ms. Rhona E. Saundors 3770 Parkview Way Naples, FL 34103 District: 4 Category: Realtor/Business 774-2428 02/10/98 member 7 months 261-1111 01/23/01 02/14/04 3 Years 436-5151 348-9645 594-8847 514-2172 05/22/01 02/14/03 2 Years 05/22/01 02/14/04 3 Years }Vednesday, February 13, 2002 06/03/97 02/14/00 8 months 774-9674 01/23/01 02/14/04 3 Years 02/23/99 02/14/02 3 Years 434-9230 02/12/02 02/14/05 3 Years Page I of 2 Collier County Code Enforcement Board - North Work Phone Appt'd Home Phone DateRe-appt Mr Dan'in M Phillips · ' 641 Jacana Circle i'~ Naples, FL 34120 District: 4 Category: ALTERNATE - Attorney Ex~p. Date Term 2nd. ExpDate. ' 2nd Term 262-7748 11/23/99 02/14/00 3 Mos. 11/23/99 02/14/03 3 Years Mr. George P. Ponte 565 Augusta Boulevard, Apt. 10 793-1370 Naples, FL 34113 District: 1 Category: Retired CBS Employee Ms. Diane Taylor f~C, ,~ ~,,~1'0 200 Valley Stream Drive, g 1 ~ 353-~ Naples, FL 34113 Distr~t: 1 ~tegoo,: ~GULAR - Civic Assoc. 02/18/97 02/14/00 3 Years 01/25/00 02/14/03 3 Years 02/23/99 02/14/01 2 Years 02/12/02 02/14/05 3 Years This 7 member board was created pursuant to Chapter 162 of the FL Stat. by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 12/3196. FL STAT 162 Staff.' Michelle Arnold, Code Enforcement Director:: 403-2413 ~Veanesua); February 13, 2002 Page 2 of 2 A?R 2 3:2:2' Ntlme Emergency Medical Services Advisory Council Wori~ Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDdte Mr. Michael F.X. Geraghty 09/15/98 08/31/01 Term 2nd Term 3 Years 501 Goodlette Road, Suite D-100 Naples, FL 34102 District: 4 Category: Commission District Dr. Fay R. Biles 1588 Heights Court Marco Island, FL 34145 District: 1 Category: Commission District Ms. Heather Rockcastle 342 Pinehurst Circle Naples, FL 34113 District: 1 Category: At-Large Mr. Robert D. Laird 1765 Courtyard Way, 205-C Naples, FL 34112 District: 1 Category: At-Large Ms. Tucky P. Ramsey 7515 Pelican Bay Boulevard, # 1F Naples, FL 34108 District: 2 Category: Commission District Ms. Carolyn D. Sparta 5564 Foxhunt Way Naples, FL 34104 District: ~ t~ Category: Commission District IVednesday, October 2. L 2001 261-3756 394-3089 417-1192 793-0933 514-1599 659-2785 09/17/96 08/31/99 3 Years 12/14/99 8/31/02 3 Years 10/10/00 08/31/03 3 Years 11/01/94 08/31/97 3 Years 10/10/00 8/31/03 3 Years 06/13/00 08/31/02 2 Years 10/23/01 08/31/03 2 Years Page ] of 3 Emergency Medical Services Advisory Council Work Phone Appt'd Exp. Date Home Phone DateRe-appt' 2ndExpDate 436-5151 12/14/99 08/31/02 348-9~5 Ms. Kathryn M. Godfrey P.O. Box 990935 Naples, FL 34116 District: 5 Category: Commission District Ms. Gall Dolan 262-3131 P.O. Box 413029 Naples, FL 34101 District: Category: Naples Community Hospital Deputy Gary Young 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Sheriffs Department 774-4434 Ms. Stephanie Vick 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Health Department Term · 2nd Term 3 Years Mr. Sheldon Reed 735 Eighth Street, South Naples, FL 34102 District: Category: City of Naples 01/13/98 08/31/99 2 Years 12/14/99 08/31/02 3 Years Dr. Robert Zehr 1105 5th Avenue South Naples, FL 34102 District: Category: Cleveland Clinic 09/17/96 08/31/99 12/14/99 08/31/02 3 Years 774-8200 02/27/01 08/31/02 1.5 Years 434-4610 }Vednesda); October 24, 2001 09/13/94 08/31/96 2 Years 12/14/99 08/31/02 3 Years 348-4000 10/I0/00 08/31/03 3 Years Page 2 of 3 -AP,-, ..... Emergency Medical Services Advisory Council I~ork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt' 2ndExpD~e 2nd Term This 12 member committee was created by Ord. No. 80-80 to advise the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. Ord Amended on 10/10100 to add a repr__esentative from Cleveland Clinic (Ord. 2000-70) FI. STAT Staff: Jeff Page, Emergency Medical Services Director:. 774-8459 F~'ednesday, October 24. 2001 Page 3 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 14, 2002 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Ao Bo Co 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. Disbursements for April 13, 2002 through April 19, 2002. 2. Disbursements for April 20, 2002 - through April 26, 2002. Districts: 1. Lely Community Development District Minutes of December 19, 2001. Minutes: 1. 1-75/Golden Gate Interchange Advisory Committee - Agenda for April 18, 2001. 2. Rural Lands Assessment Area Oversight Committee - Agenda for April 15, 2002; Minutes of March 18, 2002; Rural Lands Assessment Area Oversight Committee- April 1, 2002; Minutes of April 18, 2002 3. Radio Road Beautification M.S.T.U. - Agenda for April 16, 2002; Minutes of March 18, 2002. 4. Lely Golf Estates Beautification Advisory Committee - Agenda for April 12, 2002; Minutes of March 8, 2002. 5. Collier County Airport Authority - Agenda for April 8, 2002. 6. Community Character/Smart Growth Advisory Committee - Agenda for February 13, February 26, and March 13, 2002; Minutes of February 13, February 26 ahd March 13, 2002. 7. Vanderbilt Beach M.S.T.U. Beautification - Minutes of April 5, 2002 8. Collier County Hispanic Affairs Advisory Board - Agenda for April 25, H:Data/Fo~at 2002; Minutes of January 31, 2002 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for April 26, 2002; Minutes of April 5, 2002 Historic & Archaeological Preservation Board - Agen. da for April 17, 2002; Minutes of March 20, 2002 ' ' · ' Workforce Housing Advisory Committee - Minutes of March 4, 2002. Collier County Contractors' Licensing Board - April 17, 2002 Livingston Road Phase II Beautification M.S.T.U. Advisory Committee - Agenda for April 24, 2002; Minutes of March 27, 2001. Parks and Recreation Advisory Board - Agenda for April 17, 2002. Golden Gate Beautification Advisory Committee- Agenda for April 9, 2002 Isles of Capri Fire/Rescue Advisory Board Summary - Minutes of January 3, 2002, Minutes o£December 18, 2001 Immokalee Local Redevelopment Advisory Board Regular Meeting - April 25, 2002 Environmental Advisory Committee - Agenda for May 1, 2002. Hispanic Affiars Advisory Board - Minutes of January 31, 2002 Bayshore/Gateway Triangle Local Redevelopment Advisory Board - Wednesday May 1, 2002 Clam Bay Sub-Committee - Agenda for May 1, 2002; Minutes of April 4, 2002 H:Data/Format NAY 20-92 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE AND UNITED STATES.DEPARTMENT OF THE TREASURY FEDERAL EQUITABLE SHARING AGREEMENT VALID THROUGH SEPTEMBER 30, 2005· OBJECTIVE: To have the Collier County Commission endorse the United States Department of Justice and United States Department of the Treasury Federal Equitable Sharing Agreement valid through September 30, 2005. CONSIDERATION: The Collier County Sheriff's Office participates in joint investigations in which the Sheriff's office works with the United States Department of Justice and the United States Department of the 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. A Federal Equitable Sharing Agreement is required every three years. The head of the law enforcement agency and the head of the governing body must sign the agreement. The Federal Equitable Sharing Agreement, valid through September 30, 2005 needs to be signed by the Chairman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues will be accounted for separately in the Sheriff's Office. Funds will be used to supplement and not supplant Sheriff's Office law enforcement purposes. The fiscal year in which the revenues will be 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 Board of County Commissioners endorse the United States Department of Justice and United States Department of the Treasury Federal Equigable Sharing Agreement valid through September 30, 2005. PREPARED BY- · '~z~Lh~ ~' ector a~XS.£s5 AGENDA ITEM No.~.L . MAY ZUOZ "VALID THRU SEPTEMBER 30, 2005" Federal Equitable Sharing Agreement Law Enforcement Agency: Collier (~ Police Department C) Prosecutor's Office County Sheriff's Office ~) Sheriff's Office/Department- C) Other C) Check if New Participant C) Task Forcet Contact Person: Mailing Address: D~nny gh.ry~mr, Rgq- 3301Tam~mi Tra~l Ea~t, (Strew) E-mail Address: B~i ]ding J-I , Nepl~.~, Plnrid~ ~411 (City) (State) (Zip Code) Telephone Number: ( 9qq ) 7q~,-q?q9 Fax Number: ( 239 ) 793-9195 Agency Fiscal Year Ends on: 9/30 NClClORI/Tracking No.: FL01100 (Month/Day) This Federal Equitable Sharing Agreement entered into among ti) the Federal Government, (2) the above-stated law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably-shared with participating law enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. S u bmission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines. U.S. Department of Justice/ACA Program 10th and Constitution Avenues, NW Criminal Division/AFMLS Bond Building, Tenth Floor Washington, D.C. 20530 Fax: (202) 616-1344 Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Stxeet, NW, Suite 700 Washington, D.C. 20220 E-rn ail address: treas.aca@teoaf.treas.gov Fax: (202) 622-9610 2. Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving an), equitably-shared cash, property, or proceeds. $. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing request (either a DAG-71 or a TD F 92-22.46) submitted by the requesting agency. 4. Transfers. Before the undersigned law 'enforcement agency transfers cash, property, or proceeds to other law enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency, and forward it to the Department of Justice and the Department of the Treasury as in item 1. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Repo rt. AGENDA ITEM NO. /6 A" / I Attach list of member agencies with their addresses and indicate lead agency. MAY Pg. ,~ 5. Internal Controls. Thc panics agtcc to account separately for fcdeTal equitable sharing funds received fi.om thc Department of Justice and thc Department of thc Treasury. Funds fi.om state and local forfcitates and other sources must not bc commingled with federal equitable sharing funds. Thc recipient agency shall establish a scparatc revenue account or accounting code for state, local. Department of Justice, and thc Department of thc Treasury forfeiture funds. Interest income generated must bc accounted for in the appropriate fcdcral forfeiture fund account. Thc parties agree that such accounting will bc subject to thc standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in thc cuncnt edition of thc Dcparuncnt of Justice's A Guide to Equitable Sharing of Federally Forfeited Propero' for State and Local Law Enforcement Agencies (Justice Guide). and the Department of thc Treasury's ~uide to Equitable Sharing for Foreign Countries and.Federal, S~ate. and Local Law Enforcement ,~gehcies (Treasury Guide). Thc accounting of shared funds must bc submitted in the format shown on the Annual Certification Report contained in both the Justice and Treasury Guides. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds or property. 6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department of Justice and the Department of the Treasury (at the addresses shown in item 1) and a copy to,the U.S. Attorney in the district in which the recipien, t agency is located. The certification must be submined in accordance with the instructions received from the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite to receiving an)' equitabO'-shared cash, properO', or proceeds. 7. Audit Report. Audits xx411 be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133, The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. Sa. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency? C) Y.es C) No (If you answered yes, attach relevant information. Sec instructions,) Bb. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? C) Yes C) No ' (If you answered yes, attach relevant information. See instructions.) The undersigned ceftin, that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendmen. ts .o.f 1.972 (20 U.S.C. § 1681 et se~.), Section 504 0fthe Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discnrmnatton Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disabiliw, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. Under penalty of perjury, the undersign~ed officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guidesand the National Code of Professional Conduct for Asset Forfeiture. Don Hunter 4/'24/C~' Name (Print or Type) Date Law Enforcement Agency Head or Authorized Representative Sheriff Title (Pnnt or Type) This form is subject to the Freedom of Information Act Jim Cn]~tta Name (Pnnt or Type) Governing Body Head or Authorized Representat (Signature) AGENDA ITEM No. /, ._ MAY ' :~ ~,~.1~ Chairman, Collier County Title (Print or Type) EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS . MAKE A DETERMINATION OF WHETHER THE PURCHASES OF' GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened since October 1, 2001 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: The Florida Attorney General has recently issued an opinion, which is attached for review, that specifically addresses the delegation of discretionary poxver to declare public purpose. In his opinion, the Attorney General states, "the authority of the county commission to delegate its authority to approve the payment of county bills depends upon whether such power is discretionary (governmental) or ministerial (operational)." He further states, "County funds, therefore, must be expended for a county purpose. That determination involves the exercise of the county commission's independent judgment and must be made by that body." The expenditure authority is therefore a discretionary authority vested exclusively in the Board of County Commissioners. The Clerk of the Circuit Court in concert with the County Manager's Office has addressed this issue and has created a procedure that will ensure adherence and will not affect the procurement process. It is the intent of both the Clerk and the County Manager to present to the Board a detailed report of all purchase orders which the Board shall approve or reject. After such determination, the Clerk shall perform his statutory responsibility as auditor, and issue warrants without further action by the Board. To ensure compliance, the Clerk's Office has prepared a detail list of all open purchase orders that meet the specific criteria for the period October 1, 2001 through April 30, 2002. This report is available for inspection and review in the County Manager's Office. Similar reports will be included on all future agendas for approval by the Board for current purchase orders. FISCAL IMPACT: There is no Fiscal Impact associated with this item. GROtVTH MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact AGENDA ITEM No.~/(,, ~ D HAY 1 q 2002 Pg., / RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. .. Prepared By:./~/~- ~/~//? Ja~dnes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: Reviewed and Approved By: Date: Reviewed and- } -- ~ ~----'~ Approved By: ~l~ _"-,._~Q~ Thomas W. Oliff County Manager AGEND,*. ITEM -No._ /¢~ HAY 2O02 Pg._ 2.. EXECUTIVE SUMMARY RECO~MENDATION TO APPROVE AN INCREASE OF TEN SWORN LAW ENFORCEMENT OFFICERS UPON AWARD OF A UNITED STATES DEPARTMENT OF JUSTICE THREE YEAR COPS UNIVERSAL HIRING PROGRAM 2002 GRANT REQUEST. ~ To seek Board approval to increase the number of Sheriff s office sworn law enforcement officer positions by ten positions upon award of a United States Department of Justice COPS (Community Oriented Policing Services) Universal Hiring Program (UHP) 2002 Grant. CONSIDERATIONS: On November 8, 1994, the Collier County Commission agreed to be the local coordinating unit of government for the COPS program grants. On April 5, 2002, the Sheriff's office was notified of eligibility for additional funding to hire community policing officers. The future three year 1 award will fund $75,000 of eligible costs for each of ten UHP suppl~me~ ..... ~=1 federal funds will be $750,000. County additional o~51c~rs=._ _~e~ execute the grant documents and ~n~rease ~Y Commission supporu ~ ~=, ' ten t~e number of Sheriff s office budgeted positions upon award o~ the gran5. The award is anticipated in fiscal year 2002. FISCAL IMPACT~ The Local Grant Match projection for three years is $1,686,900 affecting years 2003, 2004, and 2005 per attached Exhibit "A". Subsequent funding will be requested as part of the Sheriff's office operating budget. ~ROWTH IMPACT: Ail subsequent year funding will be indicated as a part of the Sheriff's office annual budget submissions. If the grant funds are terminated or other grant funding is not available at the end of the grant period, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION~ That the Board of County Commissioners approve an increase of ten sworn law enforcement positions upon award of a United States Department of Justice COPS Universal Hiring Program Grant, endorse grant funding request documents, authorize acceptance of the award document and approve applicable budget amendments. pREPARED BY: ~t~f K. Kinzel) Financ ~'ector APPROVED · --~D~n~ Sher i f f DATE: April 23, 2002 No._ , Fg. EXHIBIT "A" COPS Universal Hirin~ Program 2002 FISCAL & LOCAL SHARE BY FISCAL YEAR FISCAL FEDERAL LOCAL YEAR PORTION MATCH TOTAL 2002-03' $521,510 $504,000 $1,025,510 2003-04 $228,490 $463,110 $691, 600 2004-05 $0 $719,700 $719,700 , $750,000 $1,686,810 $2,436,810 Note: Positions are expected to be filled in 2003. The local match includes costs over a three year period for: payroll exceeding $750,000,miscellaneous expenses, and fully equipped vehicles for ten new certified officers. * Fiscal Year 2003 grant match will be included in Sheriff's fiscal year 2003 budget request pursuant to budget policy discussion of March 12, 2003. Date: ITEM NO: ROUTED TO: DATE RECEIVED: April 23, 2002 DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) OOUND' ATTORN f To: From: Re: Office of the County Attorney, Attention: Crystal K. Kinz , (Nazne) Sheriff's Office (Division) Thomas Palmer, Esq. Finance Director (Title) Finance Division (Department) COPS Universal Hirinq Program 2002 qrant application documents (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). The Sheriff is seeking Board approval of a COPS Universal Hiring Program request for ten additional full-time officers. Grant application forms need to be signed by the Board Chairman. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Legal sufficiency. Identify exactly what you need in the way of legal services.) OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Mead or Constitutional Officer. jh/a:leuhp2OO2application MAY 14 2002 pg._ 2 Application Form II. Executive Information The law enforcement and government executives that appear in Ibis section must be those indi¥iduals who will have ultimate finandal and pFogranunatic authority for ~ granL Typically, Ibese am the highest-ranking oltidals within your jmis~iclton (e.g., CMef of Police, i - Shedfl~ or equ~alent for law enforcement executives, and Mayor, Ci~ A4~nistmtor, or equiralent for government executives). Listing individuals without ultimate ~ancia] and programma~c authori~ for the grant could delay the reriew of yom' application, or remo~e your applicalion from consideration. Law F~fo~cement F. xecaHre's Name. Don Hunter lifle: Sheriff Agency N~me: Collier County Sheriff's Office Address: 330] Tam~am~ Tra~l East Buildinq_ J City: Naples Stale:Florida Zip C04e: 34112 Telephone: 239-774-4ZLq4 Fax: ~39-793-9333 ~-m~ (~app~ble): grantsScolliersheriff.of r~e of ~w ~o~ment D M~cipg ~ State D Co~V PoUce ~p~ent ~ ~h~l* ~ Public Hous~f ~ New S~n-Up' (pl~se s~): ~O~eP (pl~ s~): ~ent ~gre~ N~g Jim Coletta R~e: Chai~n N~e of~e~em Zaa~: Collier County co o~zssl n . Ci~ ~ap] ~ State: Telephone: L~I (ff appli~ble): J i~olet ta~ col 1 iergov, net r~ o[ ~ve~eat ~ Sate ~ r~e ~ ~rough ~ To~s~p D Te~to~ Contact la[ormatJoa: Contact person in your deparanent who is familiar, with ~ grant: Name: Joyce Houran l~tle: ~r;~ni- Telephone: 239-793-9346 Fax: 239-793-c)405 E-mail (if applicable): grant.~0cnl 1 i or.~hor') ff _nrg AGENDA ITE~ No. /~/f' MAY lq 200Z Universal Hiring Program Application Booklet III. Department Information Current budgeted locall, v-fuaded sworn force strength as of the d~te of applic~tion: Full-time officers: 541 . Pan-time ollkers: ~ The budgeted i~aEy-fuoded ~'ora force strengtk b the aumber d swara o~cex pasitlmu your del~tmeat ~ Mloc~ted for Jt~ Imdget, indm~ ~te m~f ioc~-~ ~t~ge~. Do trot include Unl~id/remt~e ofl~ce~ COl'S-fimded ln~itiom (uni~ tltey are i~ ~ ioc~-~ retentioa in'od), er detention ~taff uale~ dwy perform poli~e [unctietls. Current actual locally-funded ~orn force strength az of the date of application: Full-time olt~cers: 508 Par~-fime officers: I~e actual locally-funded rwom force streaonb b t~ actual aumber o[ mom ot~cer ~pt~ b)'your department as of t~e ~te of appllcatiotz Do eot indu~ racant rote or ioc~- funded po~itio~ COl'S-[untied l,addom (unless t~ey are in t~e IocalIy-Yun~ retention period), or Unl~id/restrve positions. IV. Officer Request Information HTJat is the wtal aumber of new otficer position(s) yom' agency is applying for with this Universal Hiring Program application? Full-time: 10 P~rt-time: 0 ~our request should be cos~isteat wi~ your ag~cy'~ bw enl'arce_m~t oeed~. Do ~ot request more positions tiao you~ ag~ry ~ re~lisu'cai~ support *Total amount of federal funds requested for all full-time and part-time officers: $ 750,0013 lCmm Page 29, Box A on Budget Information Worksheet~ since 1' ~ ~olal non-lederal matching funds requi~l (local share): $ 896,900 l:rom Page 29, Box B on Budget Information Workaheet~ (in eligible payroll costs) answer t~ese question~ complete ami reYe~ Ia tie ~alraxal ~ Program 1002 tu~n't Is your agency requesting a waiter of the local match requirement due to severe ~? ! ] ~es ~ BO local Matck' ~ecdon in tke Appllcatioa imtmctiom Manual page 5. Retim~ fro' a walv~ of ~ local m~t~ submitted without supporting documentztlon will trot be con~id~. AGENDA ITEM ~o. /~/'~ ~ MAY 1~ 2002.. P~. ~ i Application Form V. Required Signatures By signing below, 1 certR3, that the in[ormation provided on this form and on the attached forms is true and accurate to the best of my knowledge. ! unders~d that hi,se statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from.. participating in federal grants or contracts, and/or any other remedy available by law. Additionally, I understand that prior lo any grant award, my agenc~ must comply with all application and program requirements of the Public Safe~ Partnership and Communit~ Policing Act of 1994 and all other requirements of federal law. My signature certifies that this application requests [unding only for officer positions which would not otherwise be funded in my agencfs budget with state or local funds. --I ~ Date'~ Apr ~ 1 9q, Government Executive's Signature: 2002 Jim Coletta, Chairman, County Co~ission . Date: (Signature ti' person named in Section II of this form) Send one o~dnal and ~p,o tobies of aH application mated;ds. Refer m the Universal Hiring Proem 2~2 J~li~Hon Ch~list to ens~ ~at aH ~q~ documents ~ being sub~. Complet~ appli~dons should ~ ~nt to: UMve~l Hi~g Proem Con~l U.S. ~ent of Jusg~, O~ce of Co~uM~ Orlent~ PoHc~g 1100 Ve~ont Avenue, ~ 8~ floor Wa~biagon, DC ~0~30 (use ~p ~e: O~al s~a~ are n~ on ~e o~n~ appU~on Io pr~ ~ ~nding ~ques~. F~ copies ~ not ~ accpaC. Appli~ous ~s~arked ~er ~e appli~on d~d~e ~le ~ not ~ consider. OMB Approval Number. 1103-0027 -.. &amk~iamt ~ty AtU~a.~ AGENDA ITEM _ No. /~_~:~_._5 2002 Pg.. MAY 14 ?.OOZ p~. '2' Assurances Assurances Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure ),our assurance that you (the applicant) will comply ,~,-ith these provision~ If you would like ~urther information about any of the matters on which we seek your assurance, please contact us. By your authorized representative's signature, you ~ssurc us and certify to us that you will comply with all icg'al and administrative requirements that govern thc applicant for acceptance md use of federal grant funds. In particular, you assure us that: 1. You have been legally and officially authorized by the discrimination provisions of the Omnibus Crime Control and Safe appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and ~bese assurances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of this application. 2. You gill comply with the provisions of federal law which limit certain political activities of your employees whose principal employment is in connection with an activity financed in whole or in part With this grant. These restrictions are set forth in 5 U.S.C. g 1501, et seq. 3. You Will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if they apply to you. 4. You will establish safeguards, if you have not done so ahead); to prohibit employees from using their positions for a purpose that is, or gwes the appearance of being, mom'ated by a desire for private gain for themsdves or others, particularly those with whom they have family, business or other des. 5. You will give the Deparunent of Justice or the Comptroller General access to and the fight to examine records and documents related to the grant 6. You ~411 comply ~,ith all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant; with the program guidelines; with the requirements of OMB Circulars A-87 (governing cost calculations) and A-133 (govermng audits); with the applicable provisions of the Omnibus Crime Conu'ol and Safe Streets Act of 1968, as amended; with 98 CFR Part 66 (Uniform Administrative Requirements); with the provisions of the current edition of the appropriate COlaS grant o~ncr's manual; and with all other applicable laws, orders, regaflations or ~ ?. You will, to thc extent practicable and consistent with applicable law, seek, recruit and hire qu:~lified members of radal and ethnic minority groups and qualified women in order to further effective law enforcement by inereasing their ranks within the sworn positions in your agency. 8. You will not, on the ground of race, color, religion, natiotml origin, gender, disability or age, unlawfully exclude any l~.rson from participation in, deny the benefits of or emplo)~nent to any person, or subject any person to discriminafon in connection with an), programs or activities fimded in whole or in part with federal f~d~.~ rc~ts ~ found in the ~on- .. : sura-ces th,, govern the a ,liearion usc of fed,- s heretO' ceruty , .~ y ,~ ,r"~ '---- . :-.. - -' 29 heretO' ~ Date: ~l°~- 'Il t · forcement or Government Execuuve Stgna . Jim Coletta, Chairman, Streets Act of 1968, as amended (42 US.C, § 3789(d)); Tide VI of the Civil Rights Act of 1964, as amended (42 U.S,C. § 2000d); the Indian C_jvil Rights Act (25 LLS.C §§ 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.&C. S 794); Tire 11, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non- Discrimination Regulations contained in T~flc 28, Pmrts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulation& A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, rcligion, na6onal origin, gender, disability or age against you after a due process hearing, you agree to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Sweet, NW, Washington, DC 20531. B. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an eighteen-month period), must submit an acceptable Equal Fanployment Opportunity Plan C'EEOP") or EEOP short form ('ff grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Rights within 60 days of the award start date. For grants under $$00,000, but over $25,000, or for grantees with fe~er than 50 employees, the grantee must submit an EEOP Certification. Grants of less than $25,000 are not subject to any EEOP requirement- 9. You will insure that the facilities under your ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protecuon Agenc~ s (EPA) list of Violating Facilities and that you will notify us if you are advised by the EPA indicating thax a facility to be used in this grant is under consideration fox listing by EPA. 10. If your state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, you have made this application available for revie~ by the state Single Point of Contact- 11. You will plan to retain each COPS-funded position ~ith state ami/or local (non-COPS) funds ~fter the conclusion of Four 12. Your ~gency will not use COPS funds to supphm (replace) state, local, or Bureau of Indian Affairs funds tha~ otherwise would be made available for the purposes of this 2002 Collier Date: AGENDA ITEM MAY 2002 County C~m,ission A~[~U~ am Se ~ & l~i &~c.'/..: Certifications Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements and Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other prov~ions of federal'la3v require us to reek yom' certification regarding certain matters. Applicants should read the regulations cited below and'the instructions for certification included in the regulations to understand the requirements and whether they apply to a partioalar applicant. Signature of this form provides · - · CFR Part 69, "New Restrictions on Lobbying," und 28 CFR Part 67, "Government- for compliance with cemficaaon reqtmements under 28 wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants);' and the coordination requirement of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered gr~nt. ~. Lobby~g As required by Section 1352, Tide 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agt cement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal appropriated fimds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B. If an), funds other than federal appropriated funds have been paid or will be paid to an)' person for influencing or attempting to influence an officer or employee of any agent3; a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - ~ "Disclosure of Lobb)~ng Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers Cmcluding subgra~ts, contracts under grants and cooperal~'e agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - A. 'The applicant certifies that it and its principals: Are not presently debarred, suspended, proposed for d(i)ebarment~ declared ineligible, denial of federal sentenced to a bemefits by a state or federal court, or vohintarilv ;xcluded from covered transactions by any federal departrc.~ ~ or agenc3q (h') Have not within a three-year period preceding this application been convicted of or had a civil judgment tendered lg~inst them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (fede. ral, stare or local) transaction or contract under a pubhc transacnon; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ~fil') Are not presendy indicted for or otherwise criminally or cixillv charged by a governmental entity (federal, state or local) with'commission of any of the offenses enumerated in paragraph (A) (h') of this certification; and (iv) Have not xx4thin a three-year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default;, and B. \\~ere the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67, Sections 67.615 and 67.620 - A. The appBcam certifies that it will, or will continue to, prox4de a drug-free workplace b.v: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken ~xinst employees for violation of such prohibition; ('a') Establishing an on-going drug-free awareness p~ to inform employees about - (a) The dangers of drug abuse in thc workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation and employee assistance ~; and (d) The penalties that may be impo~ upon employees for dimg-abuse violations occurring in the workplace; AGENDlt - No. /~. ,/v ~,- HAY 200Z Pg. 9 Universal Hiring Program Application Booklet (',il) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); ('~.) Notifying the employee in thc statement required by paragraph (i) that, as a condition of employment under the gram, thc employee will - (a) Abide by the terms of thc statement; md Ca) Notify the employer in ~a'iting of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such com4crion; (v) Notifying thc agency, in writing, within 10 calendar days after reeei%4ng notice under subpm'~graph (hr)Ca) from an employee or otherwise receiving actual notice of such conviction. Employers of com'icted employees must provide notice, including position rifle, to: COPS Office, 1100 Vermont Ave., NW, Washington, DC 20530. Notice shall include the idenrificarion number(s) of each affected grant; (vi) Taking one of the following actions, within 30 calendar days of recdvir~ notice under subparagraph (iv)ca), with respect to any employee who is so convicted - (a) Taking appropriate persormd action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ca) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitarion program approved for such puq:,oses by a federal, state or local health, law enforcement or other appropriate agency; (~') Making a good faith effort to continue to m~ntain a drug- free workplace through implementation of paragraphs (i), (h'), B. The grantee may insert in thc space provided below the site(s) for thc performance of work done in connection with thc specific grant Place of performance (street address, city, county, state, zip code) tbro,,ghout Collier Cc'a..~.-Y. F. icri~ Check [~ if there are work-places on file that are not identfied here. Section 6'/.630 of the regulations provides that a grantee that is a state may elect to m~ke one certification in each federal fiscal year, a copy of which should be included with each application for Department of Justice funding. States and state agencies may elect to use OJP Form 4061/7. Check ~ if the state has elected to complete OJP Form 4061/';'. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agendes that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, thc Office of the United States Anorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Name and Ad&ess: ' ' Building J, Naples, Florida 34112 Application Nb and/or Project Name: _ Universal Hirinq 2002 Grantee IRS/Vendor Number: 59-6000-561 ------t'----t~% -- - r~n Uunter, Sheriff Typed Name and Title of Government Executive: .'I i m (2.ol ot.~'~. ~h~ i ~,-rn~n. Col 1 i or O_c~,~nt-y C~ozrm~.~on Date: 12 AGENDA ITEM -No. /4 /V ~.. ZO0 pg. Community Policing Information Worksheet Community Policing Information Worksheet This worksheet will provide the COPS O~ce with information about the public safet~ concerns of your communig' and your department's communil~ policing goals and activities. If~ou need assistance completing this worksheet, contacl the U.S. Depanmenl of Justice Response ~enter at 1.800.421.6770. Your CommuniS' Policing Information Worksheet is complete by signing and da~g below. Both the law enforcement executive and the government executive must sign. Applicant OrganizaHon'~ l, egal ~ame: C°llier County Sheriff' s office fie, the undersigned, attest to the act'm'aO' o£ the it~ormation contained vn't~ this £ommuni(y PoHdng IMormation Worksheet. Law £nfo~cement Executive: Name (9~e4):_ Don Hunter Title: Sb~ri ff Department: ~Q~lier County Sho_riff' s office Date: ~-- ~' ,~ ..... ~ Name (t~ped):_Jim Coletta G0ve~ment Entig': _Collle~ County £ommis~ion Dale: Signature: _ Person Completing Form: ame _ Joyce Houran Date:_ April 22, 2002 AGENDA ITEM Pg' // Universal Hiring Program Application Booklet PART 1 I. Dom the llst that [ollo,:~, please ran~ in descending order the [ollo.ing pubic s~eO, concerns Myo~ co~. }or ~ample, U 'w~m' ~ ~e ~t~t concern concern in ~o~ co~i~, ph~ ~ 'n' ~ ~ n~ 16. a. ~olent ~ ag~ml 2._ 2 ~ b. ~m~~ c. ~olor vehicle ~ 4._ 9 d. e. G~g 6. lO _ I. 7. ~ g. 8. _ 4 h. ~g ~ 10. _ 6 ~ j. M~hol-~lal~ ~me, ~ctud~g k. Di~edl 11. _15 _ 12. _ 2 ~ I. T~c ~olafiom 13. _~3 14. _~ n. %'~d~e ~ 15. ~ o. Bate ~es 16. p. ~er (s~): Communi~ ~lic~g b a ~lidng phUosoph/ ~al promot~ and sup~ o~an~fion~ s~tegi~ to addr~ ~e ~u~s and reduce ~e [~r o[ ~e and s~ d~o~er ~ro~h gmblem-sol~ag n~m and comm~i~-~lice Yom answe~ lo ~e qumfions &al loUow ~U pro,de aboul ~o~ co~ ~lic~g eflom, ~d how you ~U ~e ~plemenmfion of comm~i~ ~li~g. ~'ou ~e nol ~ to engage ~ ~ of ~e a~ comm~iV polic~g eflom o[ o~er law eHorcement agenda. U you ha~e a ~,en d~ent ~al se~es as yom comm~ ~Udng pl~, pl~ a~ach 36 AGENDA ITEM No. /~ ~ ~- MAY 14 Community Policing Information Worksheet Overall Approach Z. Please indicate N'lu'ch o£ the £ollowing are l~t~ oT your orerall approach to comnmniO, policing, and which you platt to implemettt trader your COPS gt'attt: a) Crime prerention Efforts Bare Plan to lmt~lemented lmtgemettt a. Youth programs (e.g., in-school, afler school, weekend police/youth programs) b. Anti-drug programs c. Regular meetings with communil~ groups lo discuss crime d. Anti-violence programs e. Other (specify): b) Problem-Solviog Aco'~ities 2Iare PI~ to Implemented Implement a. ldenti[ying crime problems with members o[ the community and other government agencies (e.g., prosecutor and courts, social services, probation oltice) b. Identi~ng crime problems by looking at crime trends (e.g., keeping records o! crimes and the ~/pes o! requests lot help) c. Idenfi6jing top problems by analyzing repeat calls for service d. Preventing crime by focusing on conditions Ihat lead to crime (e.g., abandoned buildings and cars, re[errals lo other civil agencies) e. Building on information s~slems lo enhance crime analysis capabilities [. Other (specie): 0 Communi~ Partnerships Bare Plan to impIemented lmt~lement a. Regularly surveying communit~ members to assist in identi~jing and prioritizing crime problems b. Locating ollices or stations within neighborhoods c. Providing communi~ policing training to cifizem d. M~ting wilh conununily members to learn more about the nature of spedlic problems e. Involving communit/ members in selecting responses to problems and delermining measures o[ success [. Other (spec~): AGENDA ITEM_ No. /~ ~ Z~ HAY- 1 4 2002 Pg._ /3 37 Universal Hiring Program Application Booklet d) Infrastructure and Management Changes Bare Plante Implemented Implement ~) 0 a. l~avd written strate~.c plan for communi~ ~l 0 b. DeparUnent cun~n~ designates speda] unit (or a special ot~cer) for communi~ policing activities I~1 C3 c. Deparunent promotes an agenoj-wide approach to communit~ policing lf your det~art~ent has implemented ot plans to implement an agen~-v/ide approa~ to communi(y PaHcinA please indicate the approximate percentage 0£ time that patrol otficen in your department dedicate (or .~ll dedicate) to commuaJ(y pollcing: C] Less than 10 percent C3 10-20 percent 13 More than 20 percent Have P]~ m Implemented lmplemenl are given responsibttit~ [or geographical areas Call management systems are in p|act to [ree o~cer time for communi~] policing (e.g., telephone reporting, ehemafive responses) l~ersonnd evaluations reward partidpaOon in colla~r~tive problem-soNing effom Decision-making authorit~ has been decenlralized Managemem positions have been eliminated Communi~ policing concepts have been inlegrated into agency's mission statement Communi~ policing concepts have been integrated into deparlmental policies and procedures Detectives have been integrated into conununi~ policing elfom Department staff routinebj collaborate with other municipal agencies to address problems 38 AGENDA ITEM No. /~ ,'*¢ ~ Pg.., /'/ Community Policing Information Worksheet Communities 3. Please indicate ~'ch o£ the £oIio,~ag groups you bare consulted to address ct~me and disorder problems in your communt(y: Consulted Plsn to Consult ~ [] a. OIber government agencies (e.g.. probation o$ce, sanitation) ~l El b. C~ic groups I~ [] c. Neighborhood associations fl [] d. Tenants' associations VI [] e. Organizations of your employees, including collective bargaining groups ID O [. Business groups ID D g. Religious groups ~] [] h. Schools El [] i. Other Citizens 4. P/ease /ad/cate .,h/ch of the £ollon~ng partnerslu'p acgvitles are currently performed by cigzens in your jurisdicgon or are planned under your COPS grant:. Cumatly Planned Perform Under Gr~at [] [] a. Neighborhood Watch b. Citizen volunteer programs c. Citizen advisor~ groups to your law en[orcement agenc~ d. Citizen paa'ols within your communit~ e. Participate in anti-drug or anti-violence programs f. Other activities (specie): Officers 5. Please/nd/cate which o£ the follow,ag activities are curready performed by t~trol ot~cers or are planned under your COPS gr~at: a) Crime Prevention Activities Curready Planned Perform Under Grant [] ~ a. l:oot patrol, bike patrol or mounted patrol b. Making door-lo-door contact with dfizens and businesses c. Mee~g with communivj leaders and groups to learn more about crime problems and jointly develop crime prevention plans d. Using business cards, ceUular phones or beepers to maintain contact with, and be contacted I~, citizens regarding pubUc safevj concerns e. Working in schools or other public agencies to ~each crime prevention £ Other (specie): AGENDA ITEM MAY 14 2OO2_ pg., 39 Universal Hiring Program Application Booklet b) Problem-$oMn~ Acdriges Perform Under Gram a. Working with cilizens Io identify and address conununi~ crime prol/iems . b. Using com'puler s~em~ to collect and analyze information, parlicularly repeal calls for se~ce c. Coordinating specilic problem*sohfng projecls to address problems on lheir beats d. Working with other public agendes to solve disorder problems (e.g., trash colle~on, public works agencies lo solve lighting problems} e. Mapping crime problems f. Other (specie): l) Deparunenl-wide communil~ policing training Have implemenled Plan lo implement Do nol plan to implement 2) Where do recruits/officers receive basic Iraining? (Check all thai apply.) Slate academy Regional academy Local academy l-I Communit~ college l~rivale conUacl/outside consultant No recruit training Other (specify):. :3) How many hours of recruil training dedicaled solely to commtmi~ policing concepts do recruits receke? O ho~rs 4) Have communit~ policing concepts been inlegrated into general training received by agency personnel (e.g., training on law, departmental regulalions, conducting invesligalions)? ~ yes 1"1 lqan Io implement C'i Do not plan lo implemenl 5) ~%ere do in-service officers receive communil~ policing training? f'l Stale academy Regional academy 1:3 Local academy E3 ?rirale contract/outside consullanl I:3 No in-service training · ~ Olher (specify): in-house traininq AGENDA ITEM No. I AY lq Pg.. Community Policing Information Worksheet 6) Bow many hours of in-service training dedicated solely to community policing concepts do officers receive? 16 hours 7) We would like to know what kind of raining your department routinel~ provides that b pertinent to community policing. Please indicate the community policing training that yom'' deparunent provided in the past Ilscal year by checking the appropriale box. The abbrefiation =CP' stands [or community policing. a. Concepts and general principles o! CP I'l [] I~ [] [] C"l b. Problem-solving methods (SARA, etc.) [] [] I~ [] [] [] c. Causes and consequences of specific problems (e.g.. drugs, spousal abuse) 13 [] ina 13 13 [] d. CP approaches to specific problems [] [] ~ 13 13 13 e. Organizing/working with public groups [] [] I~ 13 [] 13 g. Victim assistance 13 [] fl [] 13 13 h. Working with juveniles 13 [] ~ I"l [] [] L Using code/civil enforcement [] [] fl [] [] [] j. Alternative dispute resolution 13 13 ~1 13 13 13 k. Supervising problem solvers [] [] fl [] [] [] 1. Other (specify): I-I [] C'l 13 [] [] a. Other:. 13 [] [] 13 [] [] EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE AN INCREASE OF EIOHT SWORN LAW ENFORCEMENT OFFICERS UPON AWARD OF A UNITED STATES DEPARTMENT OF JUSTICE THREE YEAR COPS IN SCHOOLS 2002 GRANT REQUEST. OBJECTIVE= To seek Board approval to increase the numbe~ of sheriff's Office sworn law enforcement officer positions by eight positions upon award of a United States Department of Justice COPS (Community Oriented Policing Services) in Schools 2002 Program Grant. CONSIDERATIONS: On November 8, 1994, the Collier Counay Commission agreed to be the local coordinating unit of government for the COPS program grants. On April 4, 2002, the Sheriff's Office was notified of eligibility for additional funding to hire community policing officers to work in primary or secondary schools. Collier County Public Schools has entered into a Partnership Agreement with the Sheriff's Office that supports officers deployed under this program. The additional eight Deputies will be assigned to various Youth and Prevention Services Bureau school positions. COPS in Schools grant awards provide a designated portion of salary and benefits of each new officer over three years. The maximum federal reimbursement is $125,000 per officer, any remainder is paid with local funds. $1,000,000 in Federal funds for the additional eight COPS-eligible positions is being requested to support specialized officers dedicated to school activities to deal with and reduce violence and enhance school safety in and around schools in Collier County. Proposed activities will be linked to an overall organizational community policing strategy. FISCAL IMPACT: The Local Grant Match for three years is $949,500 affecting fiscal years 200~, 200f, and 200~ per attached Exhibit "A". Subsequent funding will be requested as part of the Sheriff's Office operating budget. GROWTH IMPACT: Ail subsequent year funding will be indicated as a part of the Sheriff's Office annual budget submissions. If the grant funds are terminated or other grant funding is not available at the end of the grant period, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION: That the Board of County Commissioners approve an increase of eight sworn law enforcement positions upon award of a United States Department of Justice COPS in Schools Grant, endorse additional COPS in Schools funding request documents, authorize acceptance of the award document and approve applicable budget amendments.. Cryst~j K. Kinz~l, ~Jinance Di~ctor DATE: April 29, 2002 AGENDA ITEM. No._ /&/f' Pg. / ~ in Schools Program FISCAL & LOCAL SHARE BY FISCAL YEAR FISCAL FEDERAL LOCAL yF~%R PORTION MATCH TOTAL 2003-04* $417,208 $403,200 $820,408 2004-05 $329,160 $224,120 $553,280 2005-06 $253,632 $322,200 $575,832 $1,000,000.00 $949,520 $1,949,520 Note: Positions are expected to be filled in 2003. The local match includes costs over a three year period for: payroll exceeding $1,000,000, miscellaneous expenses, and fully equipped vehicles for eight new certified officers. *Fiscal Year 2003 grant match will be included in Sheriff's fiscal year 2003 budget request pursuant to budget policy discussion of March 12, 2003. jh\a: xscis2002application COPS in Schools 2002 Application Form ,AGENDA ITEM MAY 1~ ZU~ P~.. ~ Application Form Please ensure all questions are answered completely, and lypewritten in ~he spaces below. Ali documents submitted with the original copy o£ the application must bare original signatures; stamped or electronic signatures will not be accepted. Previous editions of this application ma}' not be used (3/14/02). I. General Information Applicant Orga.ization 's Legal Name: Collier County Sheriff's Office Applicant Agency ORI Number: ~__ ~ 9_ 1__ 1__ 0 0 The ORI nun, her is assigned to your agency by the fBI for purposes o£I/£R crime repurHng. It begins with your two letter state abbreviation £oliowed by l~ve digits. [or further clarit~cation, please refer to the Application Instructions ~lanual, page Applicant Agency EIN A/umber: _5. 9- _6_ ..~ .0. ~.. .fi- _Ex 3_ The FIN number is assigned to your agency by the IntemM Revenue Set, ce (I1~) and consists of nine di~ts. However, if the OB~ce o£Jnstice Programs bas assigned your department an FI?I number, please use that assigned numb~ Otherwise, 3,our lift FIll number should be used. [or further dariBcation, please refer to the AppEcation Instruction Jlanual, page 15. £ederal Congressional District Number(s): 14 Do not substitute state or local congressional tHstricts. Are you contracH~g for law enforcement setn4ces? D Yes ~it No If "~es, "enter the name and agency information o£ the contract law e~forceme~t depur~ent in the f. xecudFe Information section below. [or further daritication in determining if CMs app§es to your agency, please refer to the Application Instructions lffa~uM, page 15. In the space below, please provide, a b~ie£ description of your agency's inabib'(y to implement this project without £ederM assistance. Collier County Florida is one of the fastest growing counties in th..e United States resulting in an escalation ofiuvenile related problems in and around schools. SROs at new schools are not supported with local funds due to b6dgetary restraints. The rapid increase in population and September 11,2001 have left local government to face previously unbudgeted anti teuorism equipment and training, new roads, water and sewage facilitation, and health care costs. Without Federal assistance, the Collier County Sheriff's O'S,ce will n".;.' have the SROs to help the children in new schools and to pcc.*2ci the lives, property, and constitutional guarantees of all persons that could be affected by school violence. .AGENDA ITEM No. fi- MAY 1 q ZU02 3 COPS in Schools Application Forms II. Executive Information The law enforcemenl and governmenl executives that appear in this section must be those indMduals who will have ultimate financial, and programmatic authority for this grant. Typically, these are Ihe highest-ranking O~cials within your jurisdiction (Chief of Police, Sheriff, or equivalent for law enforcement executives, and h{ayor, City Manager, or equivalent for government executives). Listing individuals without financial and programmatic authority for the grant could delay the review of your application, or remove your application from consideration. La~,, Enforcement Executire's ]fame: nnn Rlant or' lille: Sheriff hgenq' Name: Collier Address: 3301 Tamiami Trail East County Sheriff's Office Building J City: Naples State: Florida ZipCode: 34112 ~lephone: 239-774-4434 F~: 239-793-9333 Emil: grants@colliersheriff.orq Ope oFPolice Agency: E3 Municipal {~ Sheriff* ~ School* ~ Public Housing* ~ Other* (please specif~): State D County PD Tribal* o Transit* University/College* (~ Public or D Private) New Start-Up* (please specify): Agency Opes ,,4tb an asteris~ next to them must complete the additionM questionnaire Found in this Application Kit, and submit it along with your application. Gorernment Executire 's ]fame: Jim Coletta Tire: Oha ~ rma n Name of Government Entity: ¢count¥ <ommzssxon Address: 3301 Tamiami Trail ~st R~(l~ng P Ci~: Naples Stale: ~ Zip Code: Telephone: ?qq_33~_aa~aF~: 239-774-3602 Email: Ji~ol~ttaOcollieroov. net 34112 4 AGENDA iTEM No. 16 MAY 7_.00? Application Form Type o£ Cover, meat Entity: El State El Cily El Borough El Townsltip El Communily tn Pueblo El Village El Coundl E! Other (please specify): Town Terrilory Nation Counly 0 Region School Dislricl £oatact Information: Name of contact person in your agency familiar with this grant: Joyce Houran Rile: Grant Coordinator ~]eph0.e: 239-793-9346 F~: 239'793-9402 Email: grants~co]li~r~h~r~ff-~rg III. Partner Information Under the COPS in Schools grant program, applicants must enter into a partnership agreement with an official for a specific school or school dislricl with general educational oversight authority within that jurisdiction. Please note, you must designate one school otlTcial as the school representative under the grant t~rogram.'° In the space below, please provide the information for the individual that will be responsible for ensuring that the appropriate school official at~ends the mandatory COPS in Schools training. If the proposed project affects an entire school d/sir/ct, then the o~cial with general educational oversight over the entire school dislrid should complele the information below. In addition, this individual will be required to sign the auached C075 in Schools Train/ag Requirement. Name of Parmer Agency or School District: Collier County Public Schools School Official Name: Dan White lille: Superintendent of Schools Address: R710 R~tmy ax~n~ City: Na? mn State: ~&o~da Zip Code: 34112 Telephone: 239-436-6584 Fax: 239-496-6451 Email: ~,hq ~-~Gr, r-,1 1 (~ ~1 9 ~1 ,~: · ,~ ~ere are mul~i~m~O/~ J~Toject, ~iease pro,de ~e jnformadun listed above for ~ of ~e ~tnem on the altacJM ~d~donM ~mer Page "~dud~ wJtb ~Js ~pplJcatJon. ~owe~e~ oni)' one s~ool o~dal ~r g~l aw~ ~ ~ ~Jtt~ to attend ~e ClS ~JnJng. AGENDA ITEM. No.____/¢ 4'._~ MAY 2802 COPS in Schools Application Forms ] certify thai Ihe inlormafion provided on lhis lorm and the altached forms is true and accurate lo Ihe besl of m)' knoMedge. ! understand Ihal false statements or claims made in connection with COPS grants may resull in fines, imprisonment, debarment lrom participating in federal grants or comractsl and/or any olher remedy available by law Io Ihe Federal government. ^dditionally, ] understand ~hal prior lo an)' granl award, Ihe applicanl musl comply with all application and program requirements of the Public Safety Partnership and Communig' ?olicing Aa of 19§4 and other requirements of federal law. In addition, my signature certifies lhal this application requests funding only for positions that would not be otherwise funded in my agency's budget wilh state, local or Bureau o! lndian Affairs funds. · ' ' : Don Hunter, Sheriff Dale: ._ {~ (Signature of person named in Section 11 of this Iorm) ~? i Schoo!Ag~cial's Signature: Dan White, .Z (Signalure of person named under Section 111 'Partner Information' as the designated School ~ Representative for this grant program and the required lraining.) Please return one originai and t,'o copies o£ all application materials. Please be sure to include the Memorandum of Understanding (MOll), grarrative 3ddendum, Assurances, £ertilications, ~udget Information , Iibrksheets, Retention PJan £ertitTcation, and an)' additional information necessary to complete ),our request for grant funding. Completed application Mis should be mailed to: Chairman, County Commission Superintendent of Schools COPS in Schools Control Desk U.S. Department of Justice, COPS Ottice I ] O0 Vermont Avenue, Ifil' 7th floor WasM~on, DC 20530 (please use 20005 zip code for overnight mail) Nole: Original signatures are required on the original application Io process all funding requests, l:axed copies will }lOT be accepled. Applications poslmarked al!er the final application deadline date will not be considered. Please be ad,'ised that a bold ma)' be placed on this application ifit is the applicant agency is not in compliance .4th ~deral ciffl rights la not coo?crating .'itb an ongoing federal eivil Hgbu investigation. OMB Approval Number. l 103-0027 Certifications Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibilit3., Matters; Drug-Free \'~brkplace Requirements Coordination with Effected Agencies; Non-Supplanting; and Retention. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification inclu~lcd in the regulations to understand the requirements and whether the}' apply to a particular applicant. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," and 28 CFR Part 67, "Government- wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)," and the coordination requirement of the Public Safety Partnership and Communi~' Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance wiJl be placed when the Department of Justice determines to award the covered grant. 1. Lobbying (ii) t'lave not within a three-year period preceding this applicafon been conv/cted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection w/th obtaimng, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forger}', bribeD', falsification or destruction of records, making false statements, or receiving stolen property; As required by Section 1352, Tide 31 of the U.S. Code, .-md implemented at 2[3 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersized, to any person for influencing or arrempung to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of an5' federal grant or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an5' agen%', a member o~ Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersig'ned shall complete and submit Standard Form - 1 .I_L. "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certifT and disclose accordingly. 2. Debarment, Suspension and Other RcsponsibiliB,.Matters CDitect Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.FR Part 67, for prospective participants in primar}- covered transactions, as defined at 28 CFR Part 6'7, Secdon 67.510 - A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (iii) Are not presently indicted for or otherwise criminally or' civilly charged by a governmental entiB' (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certifica6on; and (iv) Have not within a three-year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default; and B. \'('here the applicant is unable to certify to any of the statements in this certification, he or she shalt attach an explanation to this application. 3. Drug-Free \Vorkplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for ~antees, as defined at 28 CFR Part 67, Sections 6'7.615 and 6'7.620 - A. The applicant certifies that it will, or will continue to, provide drug-free workplace by: (i) Publishing a statement nodf?'ing employees that the unlawfu! manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in thc grantee's workplace and spccifs.4ng the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on-going drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's pollO' of maintaining a drug-free workplace;, (c) Any ax-ailable drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that rm~y be imposed upon empl, drug-abuse violations occurring in the workplace .vees for AGEt'.ii)A ITEi~i N o.____/~.._~ COPS in Schools Application Forms (iii) Making it a requirement tha~ each employee to bc cn~aged in the performance of the grant be Wen ~ copy of thc statement teq~rcd by paragraph (~v) Nod~,ing ~e employee in the statement required by paragraph (~ lh~t, ~s ~ condiuon of cmplo}~em under ~c g~t, the employee ~ - (~) Abide by the terms of thc statement; and ~) ~ofif)' thc employer in ;,fidng of his o~ her conviction for vJolnuon of ~ cfi~n~ firug stam~e occurring Jn the xvorkpi~c~ no ]ntet ~nn five c~endnr d~)'s ~fier such (v) NodS'iht the ~ffene); in wriung, wJ~n 10 calendar days ~fter receJvm~ notice unde~ subparagraph (iv)~) from an employee o~ othe~vise receiving nc~al no,ce of such conviction. ~mplo)'ers of convJcled employees mus~ provide notce, incla~ng position 6dc, to: COPS Office, 1100 Vermom Ave., ~XX:, ~.:ashin~on, DC 205~0. Notice shall include the idengfic~on number(s) o{ each affected grant; (v~ Ta~ng one of ~e foBo~ng acgons, ;~thin B0 calendar of receiving notce under subparagraph (iv)~), ~6~ respect to any employee who is so convicled - (~) Ta~ng ~ppropriate personnel icoon a~nsl such an employee, up ~o ~nd inclu~g ter~nn0on, consistem ;'ith the requirements of the Rehgb~itagon Act of ~973, as ~ended; o~ ~) Reouiring such emp]o),ee to participate satsfactorily m drug ;buse assistance or rehab~tafion proffram approved for such pu~oses by a feder~, state or loc~ he,th, enforcemem or other appropriate a~ency (vii) Making a good faith effort to conunue to maimam a drug- free -,x,orkplace through implementndon of paragraphs (i), (ii), ('~), Or), (v) and (vi).. B. The grantee may insert Jn the space pr~vlded below the sire(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, count); state, zip code) various schools throughout Collier County Fl ori ~ Check ~ if there are workplaces on ftc that are not identified here. Secuon 67.630 of the regulations provides that a grantee that is a state mas' elect to make one certification in each federal fiscal year, a cop3' o'f which should be included xx4th each application for Department of Justice funding. States ,'md state agencies may elect to use OJP Form 4061/7. Check ID if the sxate has elected to complete OJP Form 4061/'7. 4. Coordination The Public Safer5.' Parmership and Commums' Policing Act o{ !994 requires applicants to certify that there has been appropriate coordination with all agencies that ma)' be effemed by the applicant's grant proposal if approved. Effected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies ~hat there has been appropriate coordJ, nation with ali effected agencies. Grantee Name and Address: Collier County Sheriff's Office, 3301 Tamiami Trail East, Bldg. J Naples, Floriaa 34112 Application No. and/or Project Name: _ CIS 2002 Grantee IR.S/Vendor Number: 59-6000561 ;' m n Hunt-r, Sheriff q ,~ed ~ ~~~:~mem ~xecuuve: ~ - ~r '' ' ; .... ~ - Date: ~e April 23, 2002 5i~amr . _ , ~s t~e a~. ~ a~ of m~ gove~mng ~o~y 1 ~e~e~v cert6' ma~ 1 ~ bin~ng t gm~r~ng ~y to me ~o~e cerd~cztons. 9)~ed N~ and Tide oF Government E~ecu6ve: J~ Coletta, Charon, Collier County Co~ss~on ~ :gnaCurc: 14 Dmtc: Assurances Assurances Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Set,rices) need to secure your assurance that you (the applicant) will comply with these provisions. If you would like further informat~0n about any of the matters on which we seek your assurance, please contact us. By your authorized representative's signature, you assure us and cerfif)' to us that you will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, you assure us that: 1. You have been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on your behalf are authorized to do so and to act on your behalf ;,hh respect to any issues that ma), arise during processing of this application. 2. You will comply ;4th the provisions of federal law which limit certain political activities of your employees whose principal employment is in connecuon ;4th an activig' financed in ;,hole or in part with ti'tis grant. These restrictions are set forth in 5 U.S.C. § 1501, et seq. 3. You will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if the)' apply to you. 4. You ;.ill establish safeguards, if you have not done so .'dread); to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other des. 5. You will give the Department of Jusuce or the Comptroller General access to and the right to examine records and documents related to the grant. 6. You ;'ill comply with all requirements imposed by the Department of Justice as a condiuon or administrauve requirement of the grant; with the program guidelines; ;4th the requirements of OME Circulars A-87 (governing cost calculations) ,-md A-133 (governing audits); with the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; ;,ith 28 CFR Part 66 03niform Administra.tive Requirements); with thc prox4sions of the current edition of the appropriate COPS grant owner's manual; and with all other applicable laws, orders, regulations or circulars. ?. You wi/d, to the extent practicable and consistent with appBcable la,v, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order m further effective law enforcement by increasing their ranks within the sworn positions in ),our agencs: S. You will not, on the grounds of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These cMl rights requirements are found in the non- discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. ~ 3789(d)); Tide VI of the Civil Rights Act of 1964, as amended (42 U.S.C. ~ 2000d); the Indian Civil Rights Act (25 U.S.C. §9 1301-1303); Secdon 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. ~ 794); Title II, Subdfle A of the Americans with Disabilities Act (ADA) (42 U.S.C. ~ 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. ~ 6101, et seq.); and Department of Justice Non- Discrimination Regulations contained in Tide 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the evem that any court or admimstrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age agains~ you after a due process hearing, you agree to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, DC 20531. I hereby certi~'5~ompli~l"d;i,~-,Ol~"~o~fa~su~~ S that govern the application and use of federal funds. Sigmture: N.. ~,__ I_~I,I ,~ ,, , Date: April 23t Signature: Date: Jim Coletta, ~aimn, Collier County C;issia B. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an eighteen-month period), must submit an acceptable Equal Employment Opportunity Plan CEEOP') or EEOP short form (if grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Civil Kights within 60 days of the award start date. For grants under 5500,000, but over $25,000, or for grantees with fewer than 50 employees, the grantee must submit an EEOP Certification. Grantees of less than $25,000 are not subject to an)' EEOP requirement. 9. You will insure that the facilities under your ownerskip, lease or supervision which shall be utilized in the accompllshmem of the project are not listed on the Environmental Protection Agenm."s (EPA) list of Violating Facilities and that you ~ notify us if you are advised by the EPA indicating that a facility to be used in th.is grant is under consideration for listing by EPA. 10. If your state has established a review and comment procedure under Execufve Order 12372 and has selected this program for review, you have made this application available for review by the state Single Point of Contact. ~:~' 11. You will plan to retain each COPS-funded position with state ~"'~' / and/or local (non-COPS) funds after the conclusion of ),our 12. Your agencywill not use COPS funds to supplant (replaY:e) ~ ~..' state, local, or Bureau of Indian Affairs funds that othe~rise ,.?~lk~,,17 would be made av~lable for the purposes of efts grant. ¢.? - ,i~A 1TE~ EXECUTIVE SUMMARY ACCEPT A GRANT-IN-AID FROM THE JUSTICE ADMINISTRATIVE COMMISSION IN AN AMOUNT NOT TO EXCEED $27,917.56 FOR JUVENILE DEPENDENCY COSTS AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT OBJECTIVE: To accept a Grant-In-Aid for the costs of Juvenile Dependency counsel from the Justice Administrative Commission in an amount not to exceed $27,917.56 and authorize the Chairman to sign the agreement. CONSIDERATIONS: Collier County Board of County Commissioners has been awarded a Juvenile Dependency Grant-In-Aid not to exceed $27,917.56 from the Justice Administrative Commission. Staff recommends funds be used for the payment o£ contractual services, in Juvenile Dependency cases, according to the current contract. The Chief Judge o£the Twentieth Judicial Circuit has agreed to this allocation. FISCAL IMPACT: Grant-in-Aid funds not to exceed $27,917.56 received from the Florida Justice Administrative Commission will be credited as Court Administration Fund (681) revenue. Funds are' already budgeted for FY 02 in Court Administration Fund (681) Circuit Cour~ Cost for disbursement of attorney's fees and costs associated with Juvenile Dependency cases. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with the Executive Summary. RECOMMENDATION: That the Board of County Commissioners accept the Grant- In-Aid in an amount not to exceed $27,917.56 and authorize the Chairman to si~m~ agreement. ~ SUBMITTED BY: ,. Date: Mark Middlebrook, Senior Deputy Court Administrator Ramir"o'Manalich, Assistant County Attorney l AGE iT M MAT 1 2002 WILLIAM L. BLACKW£LL CHIEF JUDGE TWENTIETH JUDICIAL CIRCUIT OF ADMINISTRATIVE OFFICE OF THE COURTS LEE COUNTY JUSTICE CENTER COMPLEX I700 MONROE STREET FORT MYERS, FLORIDA 3390t TEL. {941) 335-;~99 SUNCOM 7~-6- ~:~99 FAX {941) 335-~387 April g, 2002 APR 17 2002 FLORIDA ~ ~ Ce~t$ CoauaisSt~ WILLIAM D. WILKINSON- COURT ADMINISTRATOR Hon. Jim Coletta, Chairman Collier County Board of Count3' Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Commissioner Coletta, Enclosed is a letter with attachments received bi' Mr. W. D. Wilkinson, Court Administrator, Twentieth Judicial Circuit. The letter is self explanatory. As you will see the Judicial Administrative Commission has asked our office to act as liaison for Chief Judge William L. Blackwell (Grant Manager) and the Board of CounU' Commissioners (Grantee.) l am asking that you · review the attached Grant-ln-Aid Agreement for Child Dependency.for Collier CounO', Florida · sign as Grantee on page three of the agreement · return the signed agreement to me as soon as possible I will then obtain Chief Judge Blackwell's signature and return the agreement to the JAC with a copy to you. If you have any questions please call me at 941.335.2376 or email me at eflannerv~.,ca.cjis20.org Enclosures Sincerely, Ed Fla%~ Administrative Offic~Courts Court Program Manager HAY 1 6 2002 (850) 488-2415 SUNCOM 278-2415 FAX (850) 488-8944 E. Frank Farrell Executive D~rector STATE OF FLORIDA JUSTICE ADMINISTRATIVE COMMISSION Posl Office Box 1654 117 West College Avenue Tallahassee, Florida 32302 April3,2002 9RT A ..... dSTRATION State A1tor~ -- ' 2...,hD~md~d R LiUy State Altorney Jerry Hill Public Delender Dennis Roberts Mr. W. Doug Wilkinson, Sr. Court Administrator Twentieth Judicial Circuit Lee County Justice Center 1700 Monroe Street Fort Myers, Florida 33901 The $3.5 million dollar State Appropriation for child dependency was shifted from the Justice Administrative Commission's (JAC) General Revenue Appropriation to the Grants and Donations Trust Fund for FY 2001 - 2002 during special session. The source of cash for this fund shift will be from Trust Funds from the Department of Children and Families (DCF). Due to recent changes regarding this appropriation the Justice Administrative Commission will administer these funds as a Grant-In-Aid agreement with each county. In order to improve turnaround time and provide more control at the circuit level, we are asking each Circuit Court Administrator to act as liaison between the JAC and your Chief Judge who will be the Grant Manager and, the Board of Count)' Commissioners, who will be the Grantee for each count3, in your circuit. Attached with this memo are the signed original Grant-ln-Aid Agreements for each county in your circuit, please have these agreements signed by your Chief Judge and County Commission Chairman. Return one executed copy to the JAC by 4/16/02 and, retain a copy for your records. If you are unable to meet the deadline, please mail, email, or fax Rita Smith a letter indicating the date you will be sending the agreements. We understand that some county commissions meet only once a month. We plan to disburse funds for the first, second and third quarters of fiscal year 2001-2002 in a lump sum. Upon receipt of the signed agreements and quarterly reports, they will be reviewed for compliance, and processed by our Accounting section. Turn around time for fund distribution is approximately two weeks. If you need further information please contact Rita Smith or me at (850) 488-2415 or Suncom 278-2415. The email address is rita_s~mail.jac.state.fl.us. The fax number is (850) 488-8944 or Suncom 278-8944. Attachments Sincerely, Roy L. Neel Accounting Director The Justice Administrative Commission administratively serves the offices of State Attorneys, Public Defenders, and Capital Collateral Regional Counsels GRANT-IN-AID AGREEMENT FOR CHILD DEPENDENCY for Collier County, Florida This Agreement is made between the Justice Administrative Commission (the "JAC"), and the Collier Board of County Commissioners (the "Grantee") on behalf of the Twentieth Judicial Circuit (the "Circuit") as Grant Manager. The parties agree that: The JAC will pay the Grantee for expenditures made by the County Government in an amount not to exceed $27,917.56 for the period beginn~g July 1_, 2001 and ending June 30, 2002. 1. Payments will be disbursed quartering}pon receipt of properly completed reports noted in B(1) below. The Grantee will use grant monies provided under this Agreement to assist in the payment of costs incurred for Dependency Counsel in accordance with 39.013(I 1), F.S. The Grantee will submit quarterly Dependency Court Representation Reports to the JAC no later than the 25t~ of the next month following the end of the quarter. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. The Grantee, as a "Recipient" of state funds, will comply with the Florida Single Audit Act, section 215.97, Florida Statutes, as follows: In the event that the Recipient expends a total amount of State awards equal to or in excess of $300,000 in the Recipient's fiscal year, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, Florida Statutes, and applicable rules of the Executive Office of the Govemor, the Comptroller and the Auditor General. Applicable rules of the Executive Office of the Governor, the Auditor General, and Comptroller, and other information pertaining to the Florida Single Audit Act can be found at http ://www.myflorida.com/myflorida/government/learn/fsaa/index.html. The Catalog of State Financial Assistance (CSFA) establishes that state funds were awarded to the Recipient through the Justice Administrative Commission. The CSFA number for this grant is 21.001. Information from the CSFA can be found at http://www.m¥florida.conffmyflorida/govemment/leam/fsaa/index.html. In deten'nining the State awards expended in its fiscal year, the Recipient shall consider all sources,of State awards, including State funds received from the Justice Administrative Commission, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. o The Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Florida Statutes, and the State Projects Compliance Supplement. The State Projects Compliance Supplement can be found at http://www.myflorida.com/myflorida/govemment/leam/fsaa/index.html. Compliance includes submission of a reporting package as defined by section 215.97(2)(d), Florida Statutes. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97 is not required. Audit costs may not be charged to state projects when the Recipient expends less than $300,000 in State awards. Unless prohibited by law, the cost of an audit required by section 215.97 is an allowable charge to a state project. However, charges to state projects should be limited to those incremental costs incurred by the Recipient as a result of the audit requirements of section 215.97 in relation to other audit requirements. The Recipient should allocate the incremental costs to all state projects for which it expended state financial assistance. The Recipient shall submit copies of reporting packages required by section 215.97 to each of the following: The Justice Administrative Commission at the following address: Attn: Roy Neel, Accounting Director P.O. Box 1654 Tallahassee, FL 32302 bo The Auditor General at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 The Recipient shall retain sufficient records demonstrating compliance with the terms of this Agreement for a period of 4 years from the date the audit report is issued, and shall allow the JAC access to such records upon request. The Recipient shall ensure that audit working papers are made available to the JAC upon request for a period of 4 years from the date the audit report is issued, unless extended in writing by the JAC. Pursuant to section 215.97, the JAC, the Auditor General and other state officials may conduct additional audits or evaluations of state financial assistance provided to the Recipient under this Agreement. ! 21 2 D. This Agreement is subject to the following terms and conditions: The JAC's obligation to pay the Grantee is contingent upon the availability of state funds lawfully appropriated for the purposes stated in Paragraphs A & B. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with Rule 2.051, Florida Rules of Judicial Administration. In providing, or contracting to provide, services, programs or activities, maintaining facilities, and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in the judgment of the JAC, the Grantee for any reason fails to comply with the terms of this Agreement, the JAC will have the right to terminate the Agreement on 30 days written notice by certified mail. In the event of termination, the Grantee will return to the JAC all grant funds, except those expended in compliance with this Agreement, for reversion to the Grants and Donations Trust Fund unallocated. This three page Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 2002. STATE OF FLORIDA JUSTICE ADMINISTRATIVE COMMISSION GRANTEE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY Name: E. Frank Farrell Title: Executive Director, Justice At:lynini.~mtive Commission Date: t.f ....~ _ 0 ~ Signed by: Name: Title: Date: GRANT MANAGER ' TWENTIETH JUDICIAL CIRCUIT Signed by: Name: Title: ChiefJudge, TwentiethJudicialCircuit Date: App'Poved for form ~nd legll Pg. ~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND RATIFY THE SETTLEMENT IN FLEETA WHEELER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LINDA DELGADO AND FLEETA WHEELER, AS GUARDIAN OF THE PROPERTY OF KIMBERLY SABRINA DELGADO, THE MINOR CHILD OF LINDA DELGADO v. COLLIER COUNTY, pRE.LITIGATION BUT AFTER NOTICE OF CLAIM, PURSUANT TO WHICH THE COUNTY PAID $37,000 TO THE ESTATE OF LINDA DELGADO AND WOULD PAY $100,000 TO FLEETA WHEELER, AS GUARDIAN OF THE PROPERTY OF KIMBERLY SABRINA DELGADO, DECEDENT'S DAUGHTER. SAID SETTLEMENT WAS ARRIVED AT DURING SETTLEMENT NEGOTIATIONS BY COLLIER COUNTY'S OUTSIDE CLAIMS ADJUSTER AND PRIOR TO THE INSTITUTION OF SUIT. OB~IECTIVE: That the Board of County Commissioners approve a~d ratify the settlement in FLEETA WHEELER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LINDA DELGADO, AND FLEETA WHEELER, AS GUARDIAN OF THE PROPERTY OF KIMBERLY SABRINA DELGADO, THE MINOR CHILD OF LINDA DELGADO, v. COLLIER COUNTY, Pre-Litigation but after Notice of Claim, pursuant to which the County paid $37,000 to the Estate of Linda Delgado and would pay $100,000 to Fleeta Wheeler, as Guardian of the property of Kimberly Sabrina Delgado. Said settlement was arrived at during settlement negotiations by Collier County's outside claims adjuster and prior to the institution of suit. CONSIDERATIONS: On July 14, 2001, Linda Delgado, the natural mother of minor Kimberly Sabrina Delgado was a passenger in a Collier County EMS vehicle. Linda Delgado could not be restrained due to her size. The EMS vehicle was traveling south on CR 846, without emergency lights or siren activated. The weather was wet and the ambulance went out of control, rotating clockwise over the shoulder, leaving the roadway. The vehicle overturned on its right side, coming to rest in trees. Linda Delgado was thrown forward, striking her head inside the EMS vehicle, and died approximately 4 hours and 45 minutes after the accident. The sum of $37,000, which was paid by the outside adjuster, was negotiated on behalf of Linda Delgado, for her injuries, pain, suffering, and related losses suffered during the 4 hours and 45 minutes that she survived after the accident and during which time she was conscious. The remaining claim wa~' settled on behalf of the minor child, Kimberly Delgado, for her loss of parental companionship, instruction, guidance, and for mental pain and suffering resulting from the death of her mother. The $100,000 settlement is the statutory maximum limit. Even though the fact that the outside adjuster handled the negotiations and settlement, the Collier County Attorney's Office was involved in the case from the outset, was monitoring same in anticipation of the litigation, and is fully aware of and agrees with the total settlement arrived at by the outside adjuster and plaintiff's attorney. Based upon the happening of the accident, the 4 hours and 45 minutes that the deceased survived after the accident while conscious and the loss to the minor child, ~e tot~GENDA ITEM No. /~z. ! MAY 14 2002 Pg._, / $137,000 settlement is reasonable under all the circumstances presented. This is especially so as the settlement was arrived at pre-litigation and will result in substantial savings of litigation expenses, including but not limited to expert witness fees on the issues of liability and damages. Of course, said settlement is subject to Board approval and ratification. FISCAL IMPACT: The settlement offer recommended by staff amounts to $137,000. Funds are budgeted and available under the Risk Management Property & Casualty Fund. The settlement will result in substantial savings in future litigation costs, as well as the probability of a much higher jury award on behalf of the deceased, Linda Delgado. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves a settlement with the principal terms set forth in this Executive Summary and authorizes the Chairman of the Board of County Commissioners to execute all necessary settlement documents. Submitted by:~ ,~~ ? (~~Date: William E. Mountford Assistant County Attorney Reviewed by: Approved by: ~.c.x.~ ~, 'o ~/~ L [,~ Date: S'~ree~ediavilla, Risk Manager Employee Services Department David C. Weigel ~ ~ County Attorney H:~blicXLitigation\Open CasesXDelgado, LindaXExecufive Summary.doc AGENDA ITEM -No. /~/.-./. Pg.., ~ , EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $10,000 TO FUND THE COST OF SUPPLEMENTS TO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND THE COLLIER COUNTY LAND DEVELOPMENT CODE. OBJECTIVE: Approval of a budget amendment in the amount of $10,000 to fund the cost of supplements to the Collier County Code of Laws and Ordinances and the Collier County Land Development Code. CONSIDERATIONS: Section 125.68, Florida Statutes, provides that counties shall maintain a current codification of all ordinances, with certain exemptions, and such codification shall be published annually by the Board of County Commissioners. In 1992, the Board allocated $75,000 for the initial publication of the Collier County Code of Laws and Ordinances and the Collier County Land Development Code. At that time the funds were placed in the County Attorney's budget, although historically such expenses had previously been budgeted in the Board of County Commissioners' budget. In 1998 the Board of County Commissioners approved a budget amendment in the amount of $15,000 and in the fiscal year 2000 / 2001 the Board of County Commissioners budgeted $10,000 to continue with the supplementing process. The Code of Laws and Ordinances and the Land Development Code (100 volumes apiece) are supplemented twice yearly, incurring a contract service cost. At this time it is necessary to request the Board appropriate $10,000 for the expected cost of supplementation to these codes. FISCAL IMPACT: The current amount in the general fund reserve for contingencies is $10,380,297. The requested budget amendment is $10,000. Funds would be transferred to the Office of the County Attorney fund and cost center 001-010510. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the amount of $10,000 to fund the cost of supplements to the Collier County Code of Laws and Ordinances and the Collier County Land Development Code. Approved by: David C. Weigel County Attorney Date: EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE CONDEMNATION OF PARCELS 124 AND 125 IN THE LAWSUIT STYLED COLLIER COUNTY V. ANTHONY F. SANCIGAR, As Trustee, Et al., CASE NO. 00-0142-CA, PROJECT 60111. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the condemnation of the easement interests of Salvatore F. Anglieri, Salvatore C. Grech and Wendell L. Kramer in Parcels 124 and 125 in Collier County v. Anthonyf Jancigar, as Trustee, et al., Case No. 00-0142-CA. CONSIDERATIONSi On April 6, 2000, an Order of Taking was entered in by the Circuit Court as to Parcels 124 and 125, and on April 27, 2000, the good faith estimate of value for these parcels was deposited into the Court registry, thereby vesting title in these parcels in Collier County. Through negotiations, the parties have reached a settlement agreement whereby the easement holder, Wendell L. Kramer, has agreed to accept the sum of $2,400.00 as full compensation for the easement interest taken as to Parcels 124 and 125; the easement holder, Salvatore F. Anglieri, has agreed to accept the sum of $1,200.00 for the easement interest taken as to Parcels 124 and 125; and, the easement holder, Salvator C. Grech, has agreed to accept the sum of $1,200.00 for the easement interest taken as to Parcels 124 and 125, which includes the good faith estimate of value previously deposited by the County. The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $4,350.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT; Funds in the amount of $4,350.00 are available in the Transportation Impact Fee District II Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT,,:,, None. RECOMMENDATION:. That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct stafl'to deposit the stun of $4,350.00 into the Regi~ :rv of the Court. AGENDA MAY 1 q 2002 ~g.., Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: Skip Mcl~chael, Proj. Mgr. III Transportation Engineering & Construction Management Date: REVIEWED BY: APPROVED BY: APPROVED BY: Dale A. Bathon, P.E., Principal Project Manager Transportation/ECM Transportation Division Date: David C. Weigel ~" ' t9 County Attorney Date: 2 AGENDA ITEM No. /4, ~..,.,~ 2002 pg., IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ANTHONY F. JANCIGAR, AS TRUSTEE Under That Certain Unrecorded Trust Agreement 88-429-1, et al., Respondents. Case No.: 00-0142-CA Parcel Nos.' 124 & 125 STIPULATED FINAL JUDGMENT THIS CAUSE having come upon Joint Motion for entry of a Stipulated Final Jud~m'nent made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, WENDELL L. KRAMER, SALVATORE F. ANGLIERI and SALVATORE C. GRECH, set forth herein below, and it appearing to the Court that the parties are authorized to enter into such Stipulation, and the Court finding that the compensation to be paid by Petitioner is full, just and reasonable for all parties concerned, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED as follows: 1. That the Respondents, WENDELL L. KR.AMER, SALVATORE F. ANGLIERI and SALVATORE C. GRECH, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Thousand Eight Hundred and No/100 Dollars t~A Qnn nm No. MAY 1 q 2002 1 pg. 3 Parcels 124 and 125 as full compensation for the easement interests taken and all other damages of any nature. The amount is inclusive of the good faith estimate of value of $450, deposited .pursuant to the Order of Taking dated April 6, 2000, and all attorney's fees and costs incurred by Respondents. 2. That Petitioner shall deposit the additional sum of Four Thousand Three Hundred Fifty and No/100 Dollars ($4,350.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment. 3. That the Clerk of this Court shall disburse forthwith upon receipt of the Petitioner's deposit, the aggregate amount of Four Thousand Eight Hundred and No/100 Dollars ($4,800.00) made payable as follows: Wendell L. Kramer $ 2,400.00 258 Mentor Drive Naples, Florida 34110 Salvatore F. Angileri $1,200.00 470 St. Andrews Blvd. Naples, Florida 34113-7600 Salvatore C. Grech $1,200.00 2701 70th St. S.W. Naples, Florida 34105 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ~ day of ,2002. Ted Brousseau Circuit Court Judge Joe W. Fixel, Esquire Ellen T. Chadwell, Esq. Wendell L. Kramer Salvatore F. Anglieri Salvatore C. Grech Fred Werbine, Esq. HAY 1~ ZIJ02 PS. JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to WENDELL L. KRAMER, SALVATORE F. ANGLIERI and SALVATORE C. GRECH's easement interests in Parcels 124 and 125. 258 Mentor Drive Naples, Florida 34110 ~l~atore C. Grech' 2701 70th St. S.W. Naples, Florida 34105 Salvatore F. Angilefi 470 St. Andrews Blvd. Naples, Florida 34113-7600 ELLEN T. CHADWELL, ESQ. Florida Bar No. 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile and JOE W. FIXEL, ESQ. Florida Bar No. 0192026 FIXEL & MAGUIRE 221 South Gadsden Street Tallahassee, Florida 32301 (850) 681-1800 - Phone (850) 681-9017 - Facsimile Attorneys for Petitioner AGENEJA~ No, HAY l 2002 pg._ buy PUBLIC'WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (e41) 774-sl 92 SKETCH OF DESCRIPTION : NOT A SURVEY ,.': . ~ee simple title PROJECT NO .......... 60111 PARCEL NO ............ 124 Fi31 i~ ~un 38&53980008 N 89'40,50" W 330.0' TRACT 60 o~ z /PARCEL 124 ~. g -- 300,.0' -- -- -- .~ .... ~"e'~'37'40" E 330.0, PINE RIDGE ROAD LEGAL DESCRIPTION THE SOUTH FIFTEEN (15') FEET OF TRACT 60 LESS THE EAST THIRTY ('JO') FEET THEREOF, OF THE ~ .PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35, A~ RECORDED IN PLAT BOOK 7, PAGE 85, · OF THE PUBMC RECORDS OF COLLIER COUNTY, FLORIDA. ' · CONTAINING 4500 SQUARE .FEET OR .103 ACRES · MORE OR LESS. GENERAL NOTES .. 1) P.O.C. · POINT'OF COMMENC~NT Z) P.O.B. - POINT OF BEGINNING 3) SEC. · SECTION 4) TWP. - TOWNSHIP 5) RGE. - RANGE 0) I~N- RIGHT OF WAY m I~[HIBIT .~l~.lC_ ~R~;S ~ 7) ALL DISTANCES ARE IN FEET, AI~ DEI::gNIN.~I ~ ~ ~ caLmlY m:Z~RN~F. NT m) NOT VAUD UNLESS SIGNED AND SEALED ll~J r F. AST TM~e.~i TRA~ ~lg~) SE~L OF'APROF{~IONAL I/...ha'3 .~ ~.1~. ~ 34112 AGENDA ITEM No. /C c... HAY l 2002 . Pg._ G PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 , 'SKETCH OF DESCRIPTION NOT A SURVEY fee simple title 30' ]- "~ .o b,...o z N 89'40'50" W 330.0' TRACT 61 PROJECT NO .......... 60111 PARCEL NO..'. ......... 125 FOLIO NO ..................................... F. 30' of Tr §0 38&53960002 Trac~ 61 - 38&5~,000000 ~,,, __PARCEL 125 330.O' S 89°37'40" E 360.0' PINE RIDGE ROAD LEGAL DESCRIPTION GENERAL NOTES 1) P.O.C. · POINT OF COMMENCEMENT 2) P.O.B. · POINT OF BEGINNING ~I.~EC. · SECTION WP. - TOWNSHIP .~ dGF-" RANGE ~) ~ - RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLE~ SIGNED AND ~:/upn WITH THE r EMSO~ED SEAL OF /k PROFF~SlON/~ ~ ~JRVEYOR THE SOUTH FIFTEEN (15') FEET OF TRACT 61 AND THE SOUTH FIFTEEN (15) OF THE EAST THIRTY (303 FEET OF TRACT ~0, OF THE PLAT THEREOF, GOLDEN GATE ESTATES;UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PA(3E aS, OF THE PUBUC RECORDS OF COUJER COUNTY, FLORIDA. CONTAINING 5400 SQUARE FEET OR .124 ACRES MORE OR LESS. PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 FAST TAMbMdi TRAIL NAPLAS, FJ. ORiI~ 34112 ' AGENDA ITEM No. /c.z_ _~ · HAY 1~ 2002 Pg.~ EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 2.4T 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) OB~rECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees to be paid for appraisal services with respect to Parcel 2.4T 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 easements for the Livingston Road project (Project No. 65041). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $80,900.00 for Parcel 2.4T in accordance with the Order of Taking. On February 26, 2002, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to this parcel. All reasonable costs incurred by the property owner in defense of the proceedings are recoverable pursuant to Section 73.091, Fla. Stat., from the condemning authority. The property owner incurred costs in the form of expert fees for an appraiser and the County has agreed to pay $303.75 to Coastal Appraisal Services with respect to Parcel 2.4T, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "1 "). Staff has reviewed the appraisal fees as set forth in the Agreed Order and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. Funds in the amount of $303.75 are available from the Transportation Impact FFISCAL IMPACT: ee District I Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the terms of the Agreed Order Awarding Expert Fees; and 2. approve the expenditure of the funds as stated. SUBMITTED BY: I-~eidi '~' '~ "' ' F. Ashton Assistant County Attorney 1 Date: AGENDA ITEM MAY lA 20O2 Pg._ / REVIEWED BY: REVIEWED BY: APPROVED BY: Dale A. Bathon, P.E., Principal Project Manager, TransportationfECM Trans~ eder, Administrator ortation Division David C. Weigel ~ County Attorney Date: Date: Date: h:Lit~EmDom~Fasset6ExSum-Agreecl Order 2.4T No. /a 2002 04/14/2002 19:42 IM-~l-OZ 14~18 Fro~-Collf~r County Attornr~ A J' J'ZH 5PAI..L~ P~ PAGE 92 g41 1'1'4 0SZ6 T-4T[ P.00I/0O3 F-OTB COUNTY, PLORIDA, a ]OHNB. F~,~ of dae A~mz M. Fmet~ Trust dasd Cis= No-: ~9-~I0-CA Parcel No.: 2..44' AGREED ORDER AWARDING EXP]~T FEES ~ CAUSE, having ~ bef'm~ ~h~ Court upon jQin~ modon o~ ~he lm~ic~. Pc~idoncr, Awarding ~ F~es and tim Corn% being fully advi.,~d in the pxe~_, isea, it is hesz~ S~ ~ ~ l~ l~, P- O. Box 1~, T~ ~ 3~-1~3 ~ ~ ~ AGENDA ITEM MAY 1 ~t 2002 pg. ~ 04/14/2082 icj: 42 B§8-§B1-6B34 114-1i-02 ' 14,2b Frm-Colller C..nt~ Attorney Offlr. JIM SP~_L~ PA kll ??4 m5 DONH A}qD ORD]~3:~rJ in chtmbcrs ," Nsples. Collier CounL7, Mm'ich this f'. OO~/OO~ PAGE F-gll day 83 .Couformed Co9~ m: $OINT MOTION ~ Olxi~' A~d~ug F.,xpm't ~ 2 AGENDA ITi~M No. /~ ~. ~..~ HAY. 1 ~ 2002 Pg. '5/ EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE CONDEMNATION OF PARCELS 124 AND 125 IN THE LAWSUIT STYLED COLLIER COUNTY V. ANTHONY F. JANCIGAR, As Trustee, Et a/., CASE NO. 00-0142-CA, PROJECT 60111. ~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the condemnation of the fee simple interest of Racetrac Petroleum Inc. in Parcel 125 and its easement interest in Parcel 124 in Collier County v. Anthony F. Jancigar, as Trustee, et al., Case No. 00-0142-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in by the Circuit Court as to Parcels 124 and 125, and on April 27, 2000, the good faith estimate of value for Parcel 125 in the amount of $71,100.00 was deposited into the Court registry, thereby vesting title in this parcel in Collier County. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Racetrac Petroleum Inc., has agreed to accept the sum of $71,100.00 as full compensation for all property interests taken as to Parcels 124 and 125, which equals the good faith estimate of value previously deposited by the County. Additionally, the parties have agreed to expert fees and costs totaling $12,305.00, which includes appraisal fees, attorney's fees and costs. The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $12,305.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. .,SCAL IMPACT: Funds in the amount of $12,305.00 are available in the Transportation x,d Supported Gas Tax ~und. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $12,305.00 into the Registry of t! ~e Cou~.ENDA ITEM~-.~ No. /~ z. .~.~ F'IA¥ ZOO?. pg._ ! Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: Skip Me~ichael, Proj. Mgr. Ii1 Transportation Engineering & Construction Management Date: REVIEWED BY: Dale A. Bathon, P.E., Principal Project Manager TransportatiorffECM APPROVED BY: APPROVED BY: E. Feder, Administrator portation Division Date: County Attorney 2 AGENDA IT E M ¢....~ No. /~ & ~9 HAY lq 2002 pg. 2~ ,. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GENERAL CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ANTHONY F. JANCIGAR, as Trustee, Under That Certain Trust Agreement 88- 429-1, et al. Defendants. CASE NO.: PARCEL(S): / STIPULATED FINAL JUDGMENT AS TO PARCELS 124 & 125 00-142-CA 124 and 125 No. HAY 2002 Pg. THIS CAUSE having come on for consideration upon the Joint Motion for entry of a Final Judgment made by Petitioner, COI3~IER COUNTY, FLORIDA, and Defendant, RACETRAC PETROLEUM, INC., as to Parcels 124 and125, set forth herein below, and it appearing to the Court that the parties were authorized to enter into such motion, and the Court finding that the compensation to be paid by Petitioner is full, just and reasonable for all parties concerned, and the Court being otherwise fully advised in the premises, it is now, therefore, ORDERED AND ADJUDGED as follows: 1. Defendant, RACETRAC PETROLEUM, INC., does have, and recover of and from Petitioner, the sum of $71,100.00, as full compensation for the property interests taken in Parcels 124 and125, including severance damages, business damages and all other damages and interest, which amount includes the good faith estimate of value deposited by Petitioner pursuant to the Order of Taking entered in this cause. AGENDA ITEM 2. Defendant, RACETRAC PETROLEUM, INC., does have, and recover of and from Petitioner, the sum of $12,305.00, as and for all reasonable and necessary expert witness fees, attorney's fees and costs incurred in this cause. 3. Upon entry and within thirty (30) days of date of Final Judgment, Petitioner shall deposit the additional sum of $12,305.00, into the Registry of this Court. 4. Upon deposit into the Registry, the Clerk of this Court shall forthwith pay to FOWLER WHITE BOGGS BANKER P.A., as attorneys for Defendant, RACETRAC PETROLEI_TM, INC., the sum of $12,305.00, and immediately upon issue by the Clerk of this Court, said payment shall be forwarded by U.S. Mail to: FOWI~ER WHTYE BOGGS BANKER P.A., ATTN: FRED S. WERDINE, Post Office Box 1438, Tampa, Florida 33601-1438. 5. Title to the following described property (see Exhibit A) shall vest in the Petitioner pursuant to the Order of Taking and deposit of monies heretofore made, and the same is hereby approved, confirmed and ratified. DONE AND ORDERED at Chambers, Collier County, Florida, this __ day of April, 2002. Copies furnished to: Fred S. Werdine, Esq." Ellen T. Chadwell, Esq. Joe Fixel, Esq. Glenn Tucker, Esq. Bookkeeping Honorable Ted H. Brousseau Twentieth Judicial Circuit '----~ENDA ITEM,,..... No. L ,.-/ COLLIER COUNTY, FLORIDA v. JANCIGAR, ET AL. Case No. 00-142-CA- Parcel(s): 124 And 125 JOINT MOTION Petitioner, COLLIER COUNTY, FLORIDA, and Defendant, RACETRAC PETROLEUM, INC., by and through their undersigned counsel, respectfully move for the entry of the foregoing Stipulated Final Judgment as to Parcels 124 and 125. Ellen T. Chadwell, Esq. Fla. Bar No. 983860 OFFICE OF THE COUNTY ATTORNEY 3301 East Tamiami Trial Naples, Florida 34112 Off.: (941) 774-8400 Fax: (941) 774-0225 Counsel for Plaintiff Collier County, Florida Fred'. Werdine, Esq. Fla. Bar No. 644183 FOWLER WHITE BOGGS BANKER P.A. Post Office Box 1438 Tampa, Florida 33601-1438 Off.: (813) 222-3302 Fax: (813) 229-8313 Counsel for Defendant Racetrac Petroleum, Inc. AGENDAITEM No. /~ ~ HAY l Zl 2002 Pg..., PUBLIC'WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION · NOT A SURVEY O0 fee simple title PROJECT NO .......... 60111 PARCEL NO ............ 124 FOEO Nn 38453980008 ,, N 89°40'50" W 330.0' ~' ~ ~ TRACT 60 z : 30~ ., 15' .PARCEL 124 _ __ ,300.0' ......... ~'8'~'37'40" E 330.0' PINE RIDGE ROAD GENERAL NOTES 1) P.O.C. = POINTOF COMMENCEMENT 23 P.OR. - POINT OF BEGINNING 3) ~EC. = SECTION 4) TWP. · TOWNSHIP It) RGE. · RANGE LEGAL DESCRIPTION THE SOUTH FIFTEEN (157 FEET OF TRACT 60 LESS THE EAST THIRTY (30~ FEET THEREOF, OF THE , .PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85, · OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDW~ · CONTAINING 4500 SQUARE FEET OR .103 ACRES . MORE OR LESS. PROFESSIONAL LAND SURVEYOR-FL REO, # 2406 ~ ~ ,. RGHT OF WAY I EXHJB/T ~..~J_ ¢ WORJr,.S EHGIHEERING DEPT. 7) ~u. D~rANCES N~E IN FEET ~ D~ I ~ axaW eov~.~a~r cZX~,~EX O) NOT W~UD UNLESS aGNED A% SE~ V~] _~~ I~BOSSED SEAL OF A mOFESS:ONA~ AGENDA ITEM No. /6 c NAY 1~ 2002 Pg.. 4,, .' PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774..8192 ~.j L~ :'? ~'i -'tS ,SKETCH OF DESCRIPTION NOT A SURVEY fee simple title N 89'40'50" W 330.0' 30' "4 'o Z I -I PROJECT NO .......... 60111 PARCEL NO ............ 125 TRACT 61 FOLIO NO: .................................... E 30' of Tr 60 38453960002 Tract 61 - 38454000000 PARCEL 125 330,0' S 89"37'40" E 360.0' PINE RIDGE ROAD LEGAL DESCRIPTIO'N THE SOUTH FIFTEEN (153 FEET OF TRACT 81 AND THE SOUTH FIFi'EEN (153 OF THE EAST THIRTY (303 FEET OF TRACT 60, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35. AS RECORDED IN PLAT BOOK 7, PAGE 85. OF THE PUBLIC RECO. RDS OF COLMER COUNTY, FLORIDA. CONTAINING 5400 SQUARE FEET OR .124 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. · POINT OF COMMENCEMENT 2) P.O.B. · POINT OF BEGINNING ,'~'~.C. · 8F. C31ON ~. · TOWNSHIP ~ ,'<GE." RANGE 6) R/W "' RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ' EMBOSSED SEAL. OF A PROFESSIONAL LAND SURVEYOR AGENDA ITEI~..... No. /~ z.,. ~ MAY 14 ;~002 Pg.. 7 EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT, JAMES M. GOLDIE, TRUSTEE, FOR PARCELS 105 AND 106 IN THE AMOUNT OF $26,530.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. FAITH BIBLE CHURCH OF NAPLES, INC., ET AL., CASE NO. 99-2165-CA. IMMOKALEE ROAD, PROJECT NO. 69101. OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 F. S. to Respondent, James M. Goldie, Trustee, in the amount of $26,530.00 as full compensation for the condemnation of Parcels 105 and 106 in Collier County v. Faith Bible Church of Naples, Inc., et al., Case No. 99-2165-CA. CONSIDERATIONS: On August 27, 1999, an Order of Taking was entered in Collier County ~2ircuit Court regarding the acquisition of property for the Immokalee Road project (Project No. 69101). On September 9, 1999, Collier County deposited with the Registry of the Court the sum of $16,700.00 for Parcels 105 and 106 in accordance with the Order of Taking. The last written offer dated February 16, 1999, made before an attorney was hired, was in the amount of $12,900.00. The Offer of Judgment, a copy of which is attached, offers the property owner of these parcels, james M. Goldie, Trustee, the sum of $26,530.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owner to carefully assess his claim for compensation. James M. Goldie, Trustee has thirty days from the date of mailing the offer to accept. If James M. Goldie, Trustee accepts, the County will be required to deposit an additional $9,830.00 into the registry, and the total sum of funds on deposit, or $26,530.00, will be paid to James M. Goldie, Trustee by Stipulated Final Judgment of the court. If James M. Goldie, Trustee rejects the offer, and fails to recover more than $26,530.00 for Parcels 105 and 106, either through settlement or jury verdict, the County will not be required to pay any costs incurred by James M. Goldie, Trustee after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Attorney's fees will be calculated pursuant to Section 73.092(1), F.S. The County Attorney's. Office has reviewed all considerations in making an Offer of Judgment and has calculated in l~ood faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $9,830.00 are available in the Transportation Supported Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent Management Plan for CIE Project No. 08. RECOMMENDATION: with the Collier County Growth That the Board of County Commissioners: AGENDA ITE'M~ MAY 1 q 2002 Approve the terms of the Offer of Judgment and authorize its service on Respondent, James M. Goldie, Trustee; and. Approve the expenditure of the funds as stated; and Authorize $9,830.00 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondent, James M. Goldie, Trustee; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment including attorney's fees pursuant to Section 73.092(1), F.S. SUBMITTED BY: He-~di F' A~to~ - Assistant County Attorney REVIEWED BY: horpe, Project Transportation/ECM Manager Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Dale A. Bathon, P.E., Principal Project Manager Transportation/ECM N~r 'Feder, Administrat Tra~ ,ortation Division David C. Weigel County Attorney Date: Date: ~'-"- h:Lit~EmDom~FaithB~ole~ExSum-OJ 105, 106 2 MAY 1 q 2O02 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. FAITH BIBLE CHURCH OF NAPLES, INC., A FLORIDA CORPORATION; et al., Respondents. Case No.: 99-2165-CA Parcel Nos.: 105 and 106 OFFER OF JUDGMENT To: James M. Goldie, Trustee c/o David W. Rynders, Esq. 305 Wedge Drive Naples, Florida 34103 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, Jim Goldie, for all compensation, including severance damages, business damages, costs to cure, together· with the value of the taking, and any other claims of Respondent, Jim Goldie, arising out of the taking of Parcels 105 and 106, in the total amount of Twenty-Six Thousand Five Hundred Thirty and No/100 Dollars ($26,530.00), for Parcels 105 and 106, which includes the amount of $16,700.00 which was deposited pursuant to the Order of Taking dated August 27, 1999. AGENDA ITEM MAY 1 2002 pg. -~ There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest fi.om the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of ., 2002. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEII)I F. ASHTON Florida Bar No. 0966770 Attorney for Collier County AGENDA ITEM / MAY 1 2002 P~. EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT PERTAINING TO THE EASEMENT ACQUISTION OF PARCELS 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A & 933B IN THE LAWSUIT ENTITLED COLLIER COUNTY v. MCALPINE BRIARWOOD, INC., ETAL. CASE NO. 98-1635-CA. PROJECT NO. 60061 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 easements designated as Parcel Nos. 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A & 933B for the Livingston Road Project in the lawsuit entitled Collier County v. McAlpine Briarwood, Inc., et al., Case No. 98-1635-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the four-laning roadway improvements to Livingston Road between Golden Gate Parkway (CR 886) and Radio Road (CR 856), Project No. 60061. On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Thirteen Thousand Four Hundred Ninety-Five Dollars for Parcel Nos. 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A & 933B in accordance with the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property owner, Briarwood Development Corporation, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for (1) Sixty Thousand Eight Hundred Thirty-Nine Dollars ($60,839.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcel Nos. 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A & 933B, and (2) Ten Thousand Six Hundred Ninety-Seven Dollars ($10,697.00) to be paid to Kenneth A. Jones, Esquire, of Roetzel & Andress, as full compensation for attomey fees, in accordance with Section 73.092(1)(c), Florida Statutes. An additional Fifty-Eight Thousand Forty-One Dollars will be deposited in the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. -'~a.FISCAL IMPACT: Funds in the amount of $30,000 are available in the Transportation Gas Tax Fund and Impact Fee District 2 Fund. A budget amendment is needed to transfer funds in the amount of $28,041 from the Transportation Supported Gas Tax Reserve Fund. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with Growth Management p1 AGENDA ITEM No. L. '---/ MAY 1 2002 RECOMMENDATION: 1. 2. 3. That the Board of County Commissioners: Heidi F- Ashton Assistant County Attorney approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staffto deposit an additional $58,041.00 in the Court Registry. approve necessary budget amendment. Date: REVIEWED BY: REVIEWED BY: Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering & Construction Management Norr~ Feder, Adm' ' r Transportation Division Date: APPROVED BY: David C. Weigel ~ County Attorney Date: MAY ! 2002 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. McALPINE BRIARWOOD, INC., a Florida corporation et al., Respondents. Case No.: 98-1635-CA Parcels Nos.: 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A, 933B STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA and Respondent, BRIARWOOD DEVELOPMENT CORPORATION, for entry of a Stipulated Final Judgment as to Parcels 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A and 933B, 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 Respondent, BRIARWOOD DEVELOPMENT CORPORATION, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, BRIARWOOD DEVELOPMENT CORPORATION, have and recover fi.om Petitioner, COLLIER COUNTY, FLORIDA, the sum of SIXTY THOUSAND EIGHT HUNDRED THIRTY-NINE DOLLARS and No/lB0 ($60,839.00) consisting of $638.00 for the temporary construction easement designat~ EXHIBIT 733A, $638.00 for the temporary construction easement desi~ated as Parcel 733B, $1,595.00 for the temporary construction easement designated as Parcel 733C, $1,595.00 for the temporary construction easement designated as Parcel 733D, $957.00 for the temporary construction easement designated as Parcel 733E, $957.00 for the temporary construction easement designated as Parcel 733F, $14,283.00 for the drainage and maintenance easement designated as Parcel 833A, $9,580.00 for the drainage and maintenance easement designated as Parcel 833B, $26,796.00 for the slope, utility and maintenance easement designated as Parcel 933A, and $3,800.00 for the slope, utility and maintenance easement designated as Parcel 933B, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, BRIARWOOD DEVELOPMENT CORPORATION, receive from Petitioner as a reasonable attomey's fee the sum of TEN THOUSAND SIX HUNDRED NINETY-SEVEN DOLLARS and No/100 ($10,697.00); and it is further ORDERED that Petitioner shall deposit an additional FIFTY-EIGHT THOUSAND FORTY-ONE DOLLARS and No/100 ($58,041.00), comprised of FORTY-SEVEN THOUSAND THREE HUNDRED FORTY-FOUR DOLLARS and No/100 ($47,344.00) as part of full compensation, and TEN THOUSAND, SIX HUNDRED NINETY-SEVEN DOLLARS and No/100 ($10,697.00) for attorney's fees, described herein, subject to approval of the Board of County Commissioners, into the registry of this Court within sixty (60) days of the date of this Stipulated final Judgment; it is further .ORDERED that apportionment and disbursement of the sum of $47,344.00 will be determined by this Court at a hearing to be set upon motion; and it is further 2 AGENDA ITEM MAY 1 2002 ORDERED that the Clerk shall disburse the total amount of Ten Thousand, Six Hundred Ninety-seven Dollars and No/100 ($10,697.00) being Respondent's attorney's fees payable to Roetzel & Andress and mailed to Kenneth A. Jones, Esq., Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, Florida 33901; and it is further ORDERED that title to Parcel 733A, temporary construction easement; Parcel 733B, temporary construction easement; Parcel 733C, temporary construction easement; Parcel 733D, temporary construction easement; Parcel 733E, temporary construction easement; Parcel 733F, temporary construction easement; Parcel 833A, drainage and utility easement; Parcel 833B, drainage and utility easement; Parcel 933A, slope, utility and maintenance easement and Parcel 933B, slope, utility and maintenance easement, as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2002. Conformed copies: Kenneth A. Jones, Esq. Dover Place, Inc. Key Bank National Association Society Bank & Trust LaValley of Florida, Inc. Joe W. Fixel, Esq. Heidi Ashton, Esq. CIRCUIT COURT JUDGE AGENp/~ ITEM .o. MAY 1 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondent, BRIARWOOD DEVELOPMENT CORPORATION, hereby stipulate to the foregoing Stipulated Final Judgment as to Parcels 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A and 933B. Dated: Dated: KENNETH A. JONES, ESQ. Florida Bar No. 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 Telephone: (941) 337-3850 Attorney for Respondent HEIDI ASHTON, ESQ. Florida Bar No. 0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941)774-0225 and Joe W. Fixel, Esq. Florida Bar No. 0192026 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Attorneys for Petitioner h:EmDomainWlcAlpine~SFJ P733,833,933 4 AG~.NDA ITEM__ No, MAY 1 2002 Pg. [~ · - 8191 LEGAL 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO, ~ Od) ~:~ I PROJECT PARCEL NO. 73--~A 4 S; ~33A TAX PARCEL NO, nO~95._~nonq DESCRIPTIQN (NQT A SURVEY) 733A&~ tempo~a=y construction eamement 833 d:&tnage & maintenance aamement COMMENCING AT THE EAST QUARTER CORNER OF SECTION 31 TOWNSHIP 49 SOUTH RANGE 26 EAST; THENCE SOUTH 89 DEGREES 52 ~S 40 SECONDS EAST, A DISTANCE OF 100.00 FEET TO THE EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD; THENCE NORTH 0 DEGREES 02 MINUTES 18 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 275.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID LINE, A DISTANCE OF 48.25 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE NORTH 89 DEGREES $7 MINUTES 43 SECONDS EAST, A DISTANCE OF 12.10 FEET; THENCE NORTH 43 DEGREES 46 MINUTES 03 SECONDS EAST, A DISTANCE OF 88.20 FEET; THENCE NORTH 84,DEGREES 20 MINUTES 00 SECONDS EAST, A DISTANCE OF 186.59 FEET TO THE NORTHWESTERLY LINE OF TRACT L-4 AS SHOWN ON ~ PLAT OF BRIARWOOD UNIT ONE AS RECORDED rN PLAT BOOK 18 PAGES 40-42 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ', THENCE SOUTH 44 DEGREES 56 MINUTES 56 SECONDS WEST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 31.52 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 84 DEGREES 20 MINUTES 00 SECONDS WEST, A DISTANCE OF 154.84 FEET; THENCE SOUTH 43 DEGREES 46 MINUTES 03 SECONDS WEST, A DISTANCE OF $6.65 FEET; THENCE SOUTH 36 DEGREES 38 MINUTES 42 SECONDS WEST, A DISTANCE OF 37.61 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.134 ACRE (5,8[4 SQUARE FEET), MORE OR LESS. TOGETHER WITH A TEN (10')FOOT WIDE EASEMENT WHOSE SOUTH LINE ABUTS THE NORTH LINE OF THE ABOVE DESCRIBED PARCEL,(PARCEL 733A) AND A TEN FOOT WIDE EASEMENT WHOSE NORTH LINE ABUTS THE SOLrTH LINE OF ~ ABOVE DESCRIBED PARCEL,(PARCEL 733B). BASIS OF BEARINGS IS TEE EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD BEING NORTH 00 DEGREES 02 MINUTES 18 SECONDS WEST. PARCEL 833 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 DRAWN BY: SKETCH OF DESCRIPTION N.Bg'57'43"E.----~ 12.10' ~ ZEE 0 O0 Z"'- ~~s.sP'FI',C' , East Quarter Corner Sec. 31, Twp. 4.9 S., Rge. 26 E. jCHECK[D TEMPORARY CONSTRUCTION / . EASEMENT / 'Parcel ~33, _ ~- N.43'46'0,3"E. / _.~ ~ S.43.46,03,,W.~ 31.52' TEMPORARY~ LAKE -'~ CONSTRUCTION ( D.E.) S.3~'42"W EASEMENT ' .- 37.6~' GENERAL NOTES 1) P,D.C, Indicates Point oF Commencement ;2) P,D.]], Indicates Point oF Beginning 3) Sec. indicates Sec~ton 4) Twp. Indicates Township 5) Roe. Indicates Range 6) R/~/ indicates Righ~-oF-way 7) All distances are In Feet and decimals thereof B) Basis oF bearings ts ~he East R/~/ line oF Livingston Road being 9) Not valid untess signed and sealed with the embossed seat oF the professional land surveyor THIS IS ONLY A SKETCH I~AY 1 ~ 2002 Pg. t~ 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAILNAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO, ~ PROJECT PARCEL NO. 8~ TAX PARCEL NO. O029SRROgO9 LEGAL DESCRIPTION {NOT A SURVEY) #833B drainage & maintenance easement #733C&733D - temporary construction easement A PERPETUAL DRAINAGE, UTILITY & MAINTENANCE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNOR OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 52 MINUTES 40 SECONDS EAST, A DISTANCE OF 100.00 FEET TO THE EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD; THENCE NORTH 0 DEGREES 02 MINUTES 18 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1391,44 FF, ET; TI~ENCE NORTH 89 DEGREES 57 MINUTES 43 SECONDS EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID LINE, A DISTANCE OF 390.00 FEET', THENCE NORTH 0 DEGREES 02 MINUTES 18 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 43 SECONDS WEST, A DISTANCE OF 390.00 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TKACT CONTAINING 0.179 ACRE (?,800 SQUARE FEET), MORE OR LESS. (PARCEL 833B - OT) TOGETHER WITH A TEN (10') FOOT TEMPORARY CONSTRUCTION EASEMENT WHOSE SOUTH LINE ABUTS THE NORTH LINE OF THE ABOVE DESCRIBED EASEMENT (733D - OT) AND A TEN (10') FOOT TEMPORARY CONSTRUCTION EASEMENT WHOSE NORTH LINE ABUTS THE SOUTH LINE OF THE ABOVE DESCRIBED EASEMENT(?33C - OT) BASIS OF BEARINGS IS THE EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD BEING NORTH 00 DEGREES 02 MINUTES 18 SECONDS WEST. 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (94-1) 774-8192 ~r 7~ D SKETCH OF DESCRIPTION (733D-OT) I I /--N.OO'O2'lS"W. / ,-N.89'57'43"E. /.PARCEL 833B-OT N.OO'O2'18"W. ~ West Quarter Corner Sec. 31, Twp. 49S, Pge, 26E P.D,C.--..~ GENERAL NOTES 1) P) 3) 4) 5) 6) 7) 8) 9) I"'~"--EAST R/W UNE 1 OO,OO' P.D,C, Indlca%es Pain% o¢ Commencemen'l; P,O,B, Indlc(z'l;es Poln~c o~ ]~eotnnlng ~ NO. /~L.- ""] Sec, Indlc(~;es Section AGENI~AITEM Twp, Indlco~ces Township I i - Roe, Indicates R~mge MAY ! ~ 2002 R/W Indict%es Rlgh%-o¢-w~y ALL distances ~re In ?eeOc and decimals ~hereo? B~sls oF bearings Is ~he E~s~c R/W line o~ ,, Livingston Ro~D being No~c valid unless signed and sealed wl~ch ~he enbossed se~l o~ %he professional [~nd surveyo~ THIS IS ONLY A SKETCH L,M,R, SHEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO 0029.5880909 LEGAL DESCRIPTION (NOT A SURVEY) slope, utility & maintenance #933B temporary construction easement #733E & 733F A PERPETUAL UTILITY AND MAINTENANCE EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS; COM]viENCING AT THE WEST QUARTER CORNER OF SECTION 3 l, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 52 MINUTES 40 SECONDS EAST, A DISTANCE OF 100.00 FEET TO THE EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD; THENCE NORTH 0 DEGREES 02 MINUTES 18 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1284.44 FEET; THENCE NORTH 89 DEGREES ~? MINUTES 43 SECONDS EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID LINE, A DISTANCE OF 130.00 FEET; THENCE NORTH 0 DEGREES 02 MINUTES 18 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 43 SECONDS WEST, A DISTANCE OF 130.00 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0060 ACRE (2,600 SQUARE FEET), MORE OR LESS. (933B - OT) TOGETHER WITH A TEN {10') FOOT TEMPORARY CONSTRUCTION EASEMENT WHOSE NORTH LINE ABUTS THE SOUTH LINE OF THE ABOVE DESCRIBED EASEMENT (733E -OT) AND A TEN (10') FOOT TEMPORARY CONSTRUCTION EASEMENT WHOSE SOUTH LINE ABUTS THE NORTH LINE OF THE ABOVE DESCRIBED EASEMENT(?33F - OT) .BASIS OF BEARINGS IS THE EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD BEING NORTH 00 DEGREES 02 MINUTES 18 SECONDS WEST. ! A~r. NI~ ITEM .o. MAY 1 ~ 2002 OFFICE OF CAPITAL ~ROJECTS CDJ m ~R COUNTY GOI~'L~NT COMPL1D( OFFICE OF CAPITAL PROJECTS ,3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 25.00'-~SKETCH OF DESCRIPTION 25J30 m ,._~,89'37'35"E. 100.00' ~ ~ 33.62' - P,O,B,~ Sm~. 31, Twp. P.O.C. ~ EAST R/W LINE '~S.89'52'40'E. 100.00' GENERAL NDTES 1) p.n,c, IndicGtes Point oF Commencement P) P,D,]t, Indicates Point oF ~eglnnlng 3) Sec. Indicates Section 4) Twp. Indicates Township 5) Rge, IndlcGtes RGnge 6) R/W indicates Right-oF-way 7) Ail distances are in Feet and decimals thereo? 8) II.sis oF bearings Is the Eas~ R/W line oF Livingston Road being N,OO°O2'IS°W, 9) Not valid unless signed and sealed with the embossed sea[ o? the professions[ [and surveyor THIS IS ONLY A SKETCH iAGEND&ITF. I~ 2002 SHEET 2 OF 2 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT AN ORDINANCE TO CORRECT A SCRIVENER'S ERROR ON THE OFFICIAL ZONING ATLAS MAP NUMBER 0511S REFERRING TO THE ZONING DISTIRCT OF C-1/T WHICH IN FACT SHOULD STATE C-3. OBJECTIVE: To correct a scrivener's error on the official zoning atlas map number 0511S. CONSIDERATIONS: On January 5, 1982, the Board of County Commissioners adopted Ordinance 82-2, the comprehensive zoning regulations for the unincorporated area of Collier County. Subsequently, on March 13, 1990, the Board of County Commissioners adopted Ordinance 90-21 to amend the zoning of .5 acres of the Pittman funeral home property to allow the owners to expand the existing funeral home parking lot and to allow for other accessory uses to the funeral home operation. The intent of the rezone was to change on .5 acres of the overall project fi.om MHRP to C-6. Due to an inadequate legal description, which described the entire 1.47-acre project, a scrivener's error occurred when the rezone was translated to the official zoning atlas. Shortly thereafter, the Board of County Commissioners adopted Ordinance 91-102 on October 30, 1991, which repealed Ordinance 82-2 and adopted new zoning atlas maps, which became part of the Land Development Code. During this process, the references to the C-6 district changed to C-1/T. As a result, the scrivener's error was carried forward onto the new zoning atlas maps. The zoning of the remainder of the parcel was originally C-3 and by correcting this scrivener's error, will again be noted as C-3 on the official zoning atlas. This property is also within the Bayshore/Gateway Triangle Component Redevelopment Area of the Community Redevelopment Agency and has recently been purchased for redevelopment and remodel by a local law firm. FISCAL IMPACT: None at this time GROWTH MANAGEMENT IMPACT: None at this time. ,, PLANNING SERVICES RECOMMENDATION: Adopt the ordinance to amend Ordinance 91-102 to correct a scrivener's error on the official Zoning Atlas Map numbered 0511S. p~._ 1 PREPARED BY: MARLENE FOORD PRXNCIPAL PLANNER COMPREHENSWE PLANNING SECTION April 12, 2002 DATE REVIEWED BY: COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: USAN MURRAY, AICP INTERIM PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: /JO3EPH K. SCHI~II"TT I~MINISTRATOR k~OMMUNITY DEV. AND ENVIRONMENTAL SERVICES D~TE' -2- MAY 1~ 2002 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE TO CORRECT A SCRIVENER'S ERROR ON THE OFFICIAL ZONING ATLAS MAP NUMBERED 0511S REFERRING TO THE ZONING DISTRICT AS C-lfr WHICH IN FACT SHOULD BE THE C-3 ZONING DISTRICT ON THE PORTION OF THE PROPERTY IDENTIFIED AS PARCEL 122.2 ADJACENT TO TAMIAMI TRAIL EAST (US 41) LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT A; AND BY PROVIDING FOR AN EFFECTWE DATE. WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 82-2 the comprehensive zoning regulations for the unincorporated area of Collier County on January 5, 1982; and WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 90-21 on March 13, 1990 having the effect of amending Ordinance 82-2 and the Zoning Atlas Map numbered 50-25-1 for the property described in Exhibit A; and WHEREAS, a scrivener's error occurred on the Zoning Atlas Map Number 50-25-1 resulting from an inadequate legal description, thereby causing the entire property to be rezoned, rather than just the .5 acres requested by the applicant; and WHEREAS, this scrivener's error resulted in a rezoning of property that was supposed to remain C-3 (Commercial Intermediate District) to C-6 (Commercial Professional Infill District); and WHEREAS, the Collier County Board of County Commissioners adopted Ordinance 91- 102 on October 30, 1991, which repealed Ordinance 82-2 and new zoning atlas maps were adopted thereunder and made part of the Collier County Land Development Code; and WHEREAS, Zoning Atlas Map numbered 0511S was among these new zoning atlas maps adopted by Ordinance 91-102 with the scrivener's error included on it; and WHEREAS, Zoning Atlas Map numbered 0511S therefore incorrectly identifies the zoning of the property as what is now referred to as C-lIT (Commercial Professional Transitional District). NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Scrivener'g~Error Amendment. The C-1/T zoning classification of the property more particularly described in Exhibit A, as changed by the adoption of Ordinance No. 90-21 and Ordinance No. 91-102, respectively is hereby amended to correct the scrivener's error and reestablish the C-3 Zoning District on the Official Zoning Atlas Map numbered 0511S attached hereto as Exhibit B. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. NAY lq 2002 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of__, 2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjori~Vl. Student Assistant County Attorney Ar~A ~V~ MAY lq 2002 EXHIBIT "A' LEGAL DESCRIPTION A portion of Lot 122 of Naples Groves and Truck Company's Little Farms No. 2 according to the plat thereof recorded in Plat Book 1 at Page 27 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the intersection of the East line of Lot 122 of Naples Groves and Truck Company's Little Farms No. 2 according to the plat thereof recorded in Plat Book 1 at Page 27 of the Public Records of Collier County, Florida, with the southerly right-of-way line of the Tamiami Trail (State Road No. 90), a 100.00 foot right-of-way, as the same is shown on the State of Florida State Road Department right-of-way map for Florida State Road No. 90, Section 03010-2116, Collier County, dated May 1958, sheet 3 of 6; Thence nm N 50°44'15'' W. along the Southerly right-of-way line of the Tamiami Trail for a distance of 15.05 feet to a point 11.65 feet westerly of, as measured at right angles to, the East line of the said Lot 122 and the POINT OF BEGINNING of the parcel of land herein described', Thence continue N 50°44'15'' W. along the Southerly right-of-way line of the Tamiami Trail for a distance of 135.00 feet; Thence nm S 39°15'45'' W. for a distance of 190.00 feet; thence nm S 50°44'15'' E., parallel with the Southerly right-of-way line of the Tamiami Trail for a distance of approximately 290.30 feet to a point that is 11.65 feet West of the East line of Lot 122; Thence North 245.40 feet to the Point of Beginning. MAY 2002 ZONING _OTHER .......... LAST REVISION: I I I i i i _~ - The ore the official H~st odc/Archoeo~ ogicot Probobility Mops County source des;gnotincj historic or orchoeologic resources. m ii .t. ISIHX3 EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE TO AMEND THE CONTRACTOR LICENSING BOARD ORDINANCE TO REFLECT CHANGES TO THE STATE STATUTES AND ENHANCE THE EFFECTIVENESS OF THE ORDINANCE IN THE REGULATION AND LICENSING OF CONTRACTORS IN COLLIER COUNTY. OBJECTIVE: The intended purpose of this ordinance amendment is to update the Contractor Licensing Board Ordinance to conform the language of the ordinance to any amendments to Florida Statutes and reflect changes and practices as suggested by the industry and conforming the ordinance to current Florida building code. CONSIDERATIONS: At various times throughout the latter half of 2001, the Contractor Licensing Board and Building and Permitting staff conducted several workshops and meetings involving various construction industry representatives, contractors and members of the public. At these meetings, many proposals were entertained to amend the Contractor Licensing Board Ordinance to accommodate current building practices and codes and to correct and clarify certain sections of the ordinance. Topics addressed by the amended ordinance include, but are not limited to, building or improving commercial property by owner/builders; placement of fire sating or proofing material by various contractors; addition of "Hurricane Shutter/Awning Contractor" and increased insurance requirements for certain contractors. The amendments to the ordinance approved by the Contractor Licensing Board will give staff and contractors, as well as the public, a better understanding of the licensing requirements and the delineation of skills among various categories of contractors. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve an ordinance amending Ordinance No. 90-105, the Contractor Licensing Board Ordinance. SUBMITTED BY: Robert N. 7_3chary, Assistant County Attorney Date: ~'~/''' D '2--- APPROVED BY: Date: AGENDA ITEM NO. ~ I IAY 1 2002 l 2 ~3 3~ 36 37 38 39 40 41 42 43 46 47 48 49 5O 51 52 54 ORDINANCE NO. 2002-~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ~ ORDINANCE; AMENDING SECTION 1.3.1 OWNER-BUILDERS TO ADD BUILDING 6 OR IMPROVING COMMERCIAL BUILDING AT A COST NOT TO EXCEED ? $25,000.00; AMENDING SECTION 1.6.2.1 TO ALLOW FOR THE PLACEMENT OF 8 FIRE SAFING AND FIRE PROOFING MATERIALS BY SHEET METAL 9 CONTRACTORS; AMENDING SECTION 1.6.2..3 TO ALLOW FOR THE tO PLACEMENT OF FIRE SAFING AND FIRE PROOFING MATERIALS BY II MECHANICAL CONTRACTORS; AMENDING SECTION 1.6.2.4 TO ALLOW FOR 12 THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING MATERIALS BY 13 CLASS A AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2,5 TO 14 ALLOW FOR THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING 15 MATERIALS BY CLASS B AIR CONDITIONING CONTRACTORS; AMENDING 16 SECTION 1,6.2.6 TO ALLOW FOR THE PLACEMENT OF FIRE SAFING AND FIRE 17 PROOFING MATERIALS BY CLASS C AIR CONDITIONING CONTRACTORS; Is AMENDING SECTIONS 1.6.2.7, 1.6.2,8 AND 1.6.2.9 TO REFLECT THE LANGUAGE 19 OF SECTION 489.105, FLORIDA STATUTES; AMENDING SECTION 1.6.2.11 TO 2o ALLOW FOR THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING 21 MATERIALS BY PLUMBING CONTRACTORS; AMENDING SECTION 1.6.2,12 TO 22 ALLOW FOR THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING 23 MATERIALS BY ELECTRICAL CONTRACTORS; AMENDING SECTION 1.6.3.2 TO 24 CLARIFY LANGUAGE FOR ALUMINUM CONTRACTORS INCLUDING 25 CONCRETE; AMENDING SECTION 1.6.3.6 TO ALLOW FOR THE PLACEMENT OF 26 FIRE SAFING AND FIRE PROOFING MATERIALS BY CARPENTRY 27 .. CONTRACTORS; AMENDING SECTION 1.6.3.15 TO INCLUDE THE PLACEMENT 28 OF FIRE SAFING AND FIRE STOPPING MATERIALS AS PART OF THE OVERALL 29 CONTRACT BY DRYWALL CONTRACTORS; ADDING PREVIOUSLY 30 "RESERVED" SECTION 1.6.~.16 - NOW ENTITLED "HURRICANE SHUTTER/ ~---~1 AVailING INSTALLATION CONTRACTOR"; AMENDING SECTION 1.6.3.22 TO ALLOW FOR THE INSTALLATION OF HURRICANE SHUTTERS OR DEVICES THAT ARE INTEGRAL WITH THE WINDOW SYSTEM BY GLASS AND GLAZING CONTRACTORS; AMENDING SECTION 1.6.;3,25 TO ALLOW THE PLACEMENT OF CONCRETE PAVING UNITS FOR SIDEWALKS, PATIOS AND DECKS ONLY FOR LANDSCAPE CONTRACTORS; AMENDING SECTION 1.6.;3.26 TO ALLOW FOR THE PLACEMENT OF FIRE SAFING AND FIRE PROOFING MATERIALS BY LIQUIFIED PETROLEUM GAS INSTALLATION CONTRACTORS; AMENDING SECTION 1.6.3.32 TO CLARIFY LANGUAGE FOR PLASTERING AND STUCCO CONTRACTORS; AMENDING SECTION 1.6.;3.;38 TO ALLOW FOR ASHPHALT PATCHING INCIDENTAL TO SEALING FOR SEALING AND STRIPING CONTRACTORS; AMENDING SECTION 1.6.3.45 TO ALLOW FOR INSTALLING STONE BY TILE AND MARBLE INSTALLATION CONTRACTORS; AMENDING SECTION 1.6-3.46 TO ALLOW FOR INSTALLING STONE FOR TILE, MARBLE AND TERRAZZO INSTALLATION CONTRACTORS; DELETING SECTION 1.6.9; RENUMBERING AND AMENDING SECTION 1.6.10; RENUMBERING SECTION 1.6.11; AMENDING SECTION 2.8 TO REQUIRE CERTAIN INSURANCE COVERAGES IF APPLICABLE; CORRECTING SECTIONS 3.3.4, 4.3.1, 4.3.3 AND 5.2.2; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain provisions of this Ordinance arc being mended at the discretion of the Board of County Commissions upon recommendations from staff, area contractors and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: -l- added; words ee~mk.41u~l~ ate cictcted. AGENDA ' NO. _/'7 _ 1 2 4 5 6 7 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 2~ 24 25 26 27 28 29 30 32 33 ~6 37 SECTION ONE: ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: PART ONE: CERTIFICATES OF COMPETENCY REQUIRED. 1.1. Unlawful to Contract without n Certificate of Competency. It shall be unlawful for any person, firm, partnership, corporation or other legal entity to: engage in any construction contracting business, advertise or represent hJmseff/herseff or a business organization as available to engage in any conslxuction contracting business, or act in thc capacity of a contractor or subcontractor for any of the trades listed in Section 1.6 of this Ordinance, within the unincorporated nrea of Collier County and the incorporated area within the boundaries of the City of Naples and within the City of Marco Island, without having first made application for and having been issued a currant and valid Collier County/City Certificate of Competency or an applicable State Certified License. Nothing herein shall be consWaed to mean that there cannot be employees in a trade who are not qualified or certified within the definitions herein set forth if such employees are employed by a licensed contractor who exercises supervision and control over said employees. Indicia of an employment relationship shall include thc employer's regular payment of wages and compensation, FICA deductions, tax withholding and provision of Workers' Compensation to the employees, all as prescribed by law. 1.2. Building Permits. 1.2.1. No building permit shall be issued for thc construction, alteration, or repair of any structure unless the applicant for the permit possesses a current Collier County/City Certificate of Competency, an applicable State Certified License, or is exempt from the operation of this Ordinance. 1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use said permit with the intent to aid or abet an unlicensed contractor to perform the permitted construction, alteration, or repair. Such conduct shall be punishable as a violation of this Ordinance and the permit and inspection shall be considered invalid for that portion of the construction related to the violation. 1.3. Exemptions. 1.3.1. Owner-Builders. The provisions of this Ordinance shall not apply to Oowners of property when acting as their own contractor and providing all material supervision themselves, when building or improving farm outbuildings or one-family or two-family residences or building or improvim, commercial buildings at a cost not to exceed $25.000, on such property for the occupancy or use of such owners and not offered for sale or lease. In all actions brought under Section 1.1 of this Ordinance, proof of the sale or lease, or offering for sale or lease, of a structure by the owner-builder within 12 months after issuance of a Certificate of Occupancy is prima facie evidence that the construction was undertaken for purposes of sale or lease. This docs not exempt any person who is employed by such owner and who acts in the capacity of a 2 Words :~.:':n '~.~-~'-'g.. are deleted; words underlined are added. AGENDA ITF.~M .o. ,IAY 1 2002 1 5 6 ? 8 9 I0 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 ~.~ 35 contractor. This exemption does not apply to any type of commercial building. To qualify for exemption under this Subsection, an owncr must personally appear and sign the building permit application. An owner-builder will be issued a maximum of one (1) owner-builder permit for the construction of a one-family or two-family home in any three (3) year period. An owner-builder applying for or receiving more than one Building Permit for the construction of a one-family or two-family home in any three (3) year period shall be prima facie evidence of building/contracting without a license which is a violation of this ordinance. 1.3.2. Public Works. Thc provisions of this Ordinance shall not apply to: any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States or with respect to which federal law supersedes this Ordinance; or to an authorized employee of the United States, this State, or any municipality, county, or other political subdivision if the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment. 1.3.3. Persons Holding Current State Certified Certificates of Competency, Any person holding a current State of Florida Certified Certificate of Competency is exempt from obtaining a Coil/er County/City Certificate of Competency for that trade for which he/she is certified by the State, unless a local license is also required. Such person is required to possess a current occupational license issued by the Tax Collector of Collier County, and his/her performance as a contractor shall be subject to all other requirements of this Ordinance not in conflict with applicable Florida law. Renewal of Certificates of Competency. Certificates of Competency shall expire annually at midnight on September 30th 1.4. 1.4.1. of each year. 1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal notices to all licensed contractors at least one month prior to the expiration date of the licenses. 1.4.3. Applicants for renewal must present the Contractor Licensing Supervisor or his/her designee with the following: A. Evidence of insurance as required by this Ordinance. B. A current Collier County and/or City occupational license, as applicable. 1.4.4. Any individual or business organization failing to renew his or its Certificate of Competency prior to midixight on September 30th of each year shall have until miclnight December 31st of the same year to renew his or its Certificate of Competency, provided however, that in addition to payment of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted by resolution pursuant to Section 2.1.5 of this Ordinance. 3 Words ~ are deleted; wes-ds ~ are addexl. AGENDA ITEM NO. / '7 ~ t.~ MAY 1 q 2002 Pg, 5' 6 -/ 8 9 11 14 17 18 19 20 21 22 23 24 26 27 28 3O 35 36 1.4.,q. Should September 30th or December 31st be a Saturday, Sunday, or legal holiday, the renewal period shall not expire until midnight of the next working day. 1.4.6. Any individual 'falling to renew his Certificate of Competency prior to December 31st shall be required to make re, application pursuant to Pa_~ Two of this Ordinance. 1.4.7 Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year in which it expires shall have a delinquent Certificate of Competency. 1.4.8 Any individual who renews his/her Certificate of Competency by September 30 of the year following its expiration, but after December 31 of that year, shall have a suspended Certificate and thereby must pay an additional late fee in_accordance with the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply in_full including updated credit reports and all other documentation required in Section 2 herein, but no re-testing shall be required. 1.4.9. Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year following its expiration shall thereby automatically have a Certificate of Competency that is null and void. To acquire a valid Certificate from the County the individual must pay the then applicable full application fee in accordance with the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must submit an entire new application, fi, as of the date of receipt by the County of said new application, three (3) years have passed since the date of his/her most recent examination that thc individual passed to acquire the former Certificate, that individual must pass all then applicable testing requirements. ff the request is to reactivate a dormant certificate, the re-testing requirement can be waived by staff if the applicant proves that he/she has been active in the trade in another jurisdiction, or has been active as an inspector or investigator in the trade, or for other valid reason that would render such re-testing superfluous. 1.5. Contractors' Identification Required on all Advertising Mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to fu'mly affix and/or to display the qualifier's Certificate of Competency Number and the "Doing Business As" Name on all advertising mediums used by the contractor, including but not limited to, conUacts, brochures, business cards and vehicles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two (2) inches. 1.6. Definitions and Contractor Qualifications. 1.6.1. Contractor means the person who is qualified for and responsible for the entire project contracted for and, except for those herein exempted, the person who, for compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of the following construct, repair, alter, remodel, add to. demolish, subtract from, or improve any building or 4 Words .'-~.:c~ ~'-:=g~ a~ deleted; words underlinexl a~ added. AGENDAI~M NO. J7 MAY 1 2002 pg. 1 2 $ 6 ? 8 9 10 11 12 13 14 15 16 17 18 .0 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 structure, including related improvements to real estate, for others, or for resale to others, as hereinafter defined in Sections 1.6.1 through 1.6.3 of this Ordinance. 1.6.1.1. Cren~al Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose services are unlimited as to the type of work which he/she may do, except as provided in this Ordinance or in the Florida Statutts. NOTE: Also sec Sect, 1,6.2. 1.6.1.2. Building Contractor requircs forty-cight (48) months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not excccd threc stories in height, and accessory use stmcturcs in connection therewith or a contractor whose services ar~ limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. NOTE: Also see Sect. 1.6.2. 1.6.1.3. Residential Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two stories in height and accessory use structures in connection therewith. NOTE: Also sec Sect. 1.6.2. 1.6.1.4. Contractor qualifications for practice and restrictions. A general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing materials on a new building of his own construction. Further, a general contractor on new site development work, site redevelopment work, mobile home parks, and commercial properties, shall not be required to subcontract the construction of the main sanitary sewer collection system, the storm water collection system, and the water distribution system, not including thc continuation of utility lines from the mains to thc buildings. Further, as to mobile home parks, thc general contractor shall not be required tO subcontract the continuation of utility lines from the mains, and the continuations are to be considered a part of the main sewer collection and main water distribution systems. However, no general, building or residential contractor state certified after 1973, shall act as, hold himself/herself out to be, or advertise himself/herself to be a roofing contractor unless he/she is certified or registered as a roofing contractor. 1.6.1.$. A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and 5 Words ~nlek-l~a'e~ arc dclctt, d; words imi"le~'lim,~] AGENDA I~,~M NO. ]'~ MAY 2002 ? 1o 11 12 17 2O 21 22 2~ 25 26 27 25 2~ ~0 ~2 33 excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located. 1.6.1.6. A general contractor shall not be required to subcontract structural swimming pool work. 1.6.2. Subcontracting', Subcontractors. A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for which a local examination for a Certificate of Competency or a license is required, unless such contractor holds a Certificate of Competency or license of the respective trade category, as ~luir~ by the appropriate local authority. 1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling systems including the setting o£ air-handling equipment and reinforcement of same and including the balancing of air-handling systems and any duct cleaning and equipment sanitizing which requires at least a partia! disassembly of the system. This definition and qualifications does not include roofing. Placement of fire sating and £u'e stopt~in£ materials shall be permitted on wall, ceiling, and floor penetrations created within the scone of the work allowed by this section. 1.6.2.2. Roofing Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing and roof waterproofing and coating, except when coating is not t~'presented to protect, repair, waterproof, stop leaks, or extend the life of the roof. 1.6,23. Mechanical Contractor requires forty-eight (48) months experience as a licensed Journeyman or equivalent, a passing grade on a six (6) hour test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, 6 Words ~ are d¢lctccl; words tmde~ at~ add~. AGEhLDA I EM NO. I r/- MA'( 1 2002 pg. ~/ 1 2 4 $ 9 10 11 12 13 14 15 16 1'7 18 ~9 ~0 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline umks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings; to disconnect or reconn~t power and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. Placement of fire sating and fire stopping materials shall b~ permitted on wall, ceiling and fl~or venetrations cre~cd within thc score of thc work allowed by 'thi~ ~ection. 1.6.2.4. Class A Air Conditioning Contractor requires thirty-six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system, boiler and unfired pressure vessel systems and all appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such 7 Words ~ are deleted: words ~ ~e added. AGENDA I~__.)M NO. Lq - MAY 1 4 2002 1 contractor shall also include any excavation work incidental thereto, but shall not include any 2 work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power 4 wiring on the line side of the disconnect switch. Placement of fire saf'mg and fire Stopping 5 materials shall be permittexl on wall, ceiling and floor penetrations created within the scope of the 6 work allowed by this section. 7 1.6.2.5. Class B Air Conditioning Contractor requires thirty-six (36) months experience 8 as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing 9 grade on a two (2) hour business and law test and means any person whose services are limited to 10 twenty-five (25) tons of cooling and five hundred thousand (500,000) BTU of heating in any one I1 system in the execution of contracts requiring the experience, knowledge, and skill to install, 12 maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air 13 conditioning, refrigeration, heating, and ventilating systems, including duct work in connection la with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system being installed under this classification; 16 and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of 17 the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by 18 law, piping and insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring 19 and low voltage heating, ventilating, and air conditioning control wiring on the load side of an 20 existing electrical disconnect switch; and to install a condensate drain from an air conditioning 21 unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work 23 incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel 24 lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming 25 pool piping and filters, or electrical power wiring on the line side of the disconnect switch. 26 Placement of fire sating and fire stopping materials shall be permitted on wall, ceiling and floor 27 penetrations created within the scope of the work allowed by this section. 28 1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months 29 experience as a licensed Journe ,.y[0an or equivalent with a passing grade on a six (6) hour test and 3O a passing grade on a two (2) hour business and law test and means any person whose business is 31 limited to the servicing of air conditioning, heating, or refrigeration systems, including duct 32 alterations in connection with those systems he/she is servicing, which may include duct cleaning 33 and equipment sanitizing which requires at least a partial disassembly of the system. Placement of fu'e sating and fire stopping materials shall be permitted on wall, ceiling and floor penetrations 35 created within the scope of the work allowed by this section. 8 Words ~c'.:-"k ¢.rc::gh ave deleted; words und~lined are added. AGENDA ITEM NO. J'3 ~-. MAY 1 ~i 2002 Pg. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 t9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ~ 35 36 1.6.2.6.1. Journeyman Air Conditioning License Holder requirea four (4) years as apprentice, a passing grade on a six (6) hour teat, and means those qualified to perform work in thc Air Conditioning Trade while employed or supervised by an air conditiordng or mechanical contractor. This provision does not apply to any in~vidual who then holds a valid, active journeyman's license in the meehanicai trade and that license was issued by any Florida County or Florida Municipality when that liccns~ complied with all reciprocity criteria of Section 489.1455, Florida Statutes. 1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law teat and means ~'E,' :¥:t=~, petab!: v:ater !L".:: $: te a.~7 e]=:t~ca] ~:t"~]at'~e~. a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any ~wimrnJn~ pool or hot tub or ~pa, whether oublic, ~fivate. or otherwise, re£ardless of use. The scope of.work ind,_,~¢s the installation, reDair, or repla~ment of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the ~stallation of new I/ool/spa equipment,' interior finishes, the installation of oacka~e pool heaters, the ins!~]~tion of all Dcrimeter pininit and filter niping, and the construction of equipment rooms ~[ housing for _~x~l/sna ~_uipment. and also includes the scope of work of a swiraraing pool/spa ~crvicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water l~nes. The ins~]!ation, construction, modification, or ~placement of coui~ment ocrmanentl¥ ~tt~hed to and assodatcd with the pool or spa for the purpo_ sc of water trcam~t or cleaning of the pool or spa rr. xl_uire$ licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the ~sa~e involves construction, modification, or replacement of such equiomcnt. Water treatment that does not require such cauiDm~nt does not require a license. In srtclitiorl, a license 9 Words ~ axe deleted; wonts und~ ~e edited. AGEND~AfLTEM NO, ~ MAY 1 2002 pg. io I shall not be required for the cleaning of the pool or spa in any way that does not affect the 2 structural intern-ltv of the vool or spa or its associated equipment. 3 1.6.2.8. Residential Pool/Spa Contractor requires twenty-four (24) months experience 4 with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and 5 law test and means :=y 7:mz= '::hzze ::z~z zf '::crk L~:'c!;,e:, b'-'-t i: net li~.~:e~ -'- · f Eg?,t .-2 .............................................. ;i=-.,il~- .9~:: v.f ;;r.',ing~ tg .,~ intcrio; ..... ::':.:; ;., u;,'--'-m ........... :.q .,~ 17 scope of work involves, but is not limited to, the construction, repair, and servicing of any IS residential swimming pool, or hot tub or spa, regardless of use. Thc scope of work includes the 19 installation, repair, or replacement of cxistinff cauioment, any clcanin£ or cauit~mcnt sanitizing 20 which reauires at least a partial disassemblin£, cxcludin£ filter changes, and the installation of 21 new oool/spa ~uipment, interior finishes, the installation of package pool heaters, the 22 installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa 24 servicing contractor. The scope of such work does not include direct connections to a sanitary_ 25 ~ewcr system or to potable water lilies. The installation1 construction, modification, or 26 replacement of equipment permanently attached to and associated with the pool or spa for the 27 puroose of water treatment or cleaning of thc pool or spa requires liccnsure; however, thc usage 28 of such e~uivment for thc purooses of water treatment or cleaning shall not Ieauire licensure 29 unless thc usage involves construgtion, modification, or repilacement of such equipment. Water 30 treatment that does not require such equipment does not require a license. In addition, a license 31 shall not be required for the cleaning of the pool or spa in any way that docs not affect the structural intcm'itx of thc !x~ol or sds or its associated eauinment. 33 1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means 35 any person whose scope of work is limited to the construction of non-recreational ponds, AGENDA I~_~ NO. 1'3 L.~ MAY 1. tt 2002 · -Pg. 11 10 Words :.--ack '-'~- a '- '- ;.: arc deleted; words ~ are 1 4 5 6 7 8 9 I0 12 13 14 15 16 17 18 zO 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 6 waterfalls and/or fountains. However, the scope of such work does not include dizect connections to a aanitary sewer system, potable water lines, or to any electrical installation. 1.6.2.9. Swimming Pool/Spa Servicing/Repair Contractor rexluires 24 months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and t ................ .,, ....... -': -"; ~,' ..... -~.,, t,-e'-..e, ..... r~'~, _: .... ,.,: ..... .a.4:o:~. -t -~ t. ..... a contractor whose scope of work involves, but is not limited to. the repair and Servicing of any swfmming pool, or hot tub or spa, whether public or private, or otherwise, ~g_a_rdless of use. The scope of work includes the r~pair or replacement of ex~stinR equipment, any cleaning or equipment sanitizing which ~:]uires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior refirdshir~g, the reinstallation or addiHon of pool heaters, the repair or replacement of all perimeter oioin~ and filter Dil~in~, the repair of equipment rooms or housing for pool/spa equipment1 and the substantial or complete draining of a swimming pool, or hot tub or spa, for the puroose of any rct~air or r~novatJon. The scooe of such work does not include d~rect com)cctions to a sardtary sewer system or to potable water lines. The installation, construction, modif].caT, ionl substantial or complete disassembly, or replacement of eqmpment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires ]iccnsure; however, thc usage of such equipment for the purposes of water treatment or cleaning shall not rea_uJre licensure unless the usage involves construction, modification, substantial or complete disassembly, or replacement of such equipment. Water treatment that does not wxjuire such equ{pment does not requL~e a license. In addition, a license shall not bc z~luired for the ~]eanin~ of the pool or sos in any way That ~Oc~ not affect the 6tructm'al inte_m~Jtv of thc pool or ~a or its associated c~_u~pment. 1.6.2.9.1. Swiraming Pool/Spa Servicing Contractor requi~s twenty-four (24) months experience with a gassing grade on a two (2) hour business and law test and means any person whose scope of work includes servicing or water treatment of any public or private swimming pool, hot tub o~ spa, and, subject to Section 487.0437, Florida Statutes, may include direct infusion of chlorine gas. These contractors may disassemble equipment permanently attached to or associated with the respective pool or spa for the purpose of water treatment or cleaning the pool or spa. 11 pg. ~ ! 1.6.2.10. Journeyman Plumber License Holder requires (4))ears as apprentice, a passing 2 grade on a six (6) hour test, and means those qualified to perform work in the plumbing trades 3 while employed or supervised by a plumbing contractor. This provision docs not apply to any 4 individual who then holds a valid, active journeyman's license in the plumbing trade and that $ license was issued by any Florida County or Florida Municipality when that.licensee complied 6 with all reciprocity criteria of Section 489.1455, Florida Statutes. 7 1.6.2.11. Plumbing Contractor requires twenty-four (24) months experience as a licensed 8 Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a 9 two (2) hour business and law test and means any person whose contracting business consists of 10 the execution of contracts requiring the experience, financial means, knowledge, and skill to 11 install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A 12 plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, 13 design the following without obtaining any additional local regulatory license, certificate, or 14 registration: sanitary drainage or storm drainage facilities; venting systems; public or private 15 water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation 16 systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in 17 corulection therewith, including boilers and pressure process piping and including the installation 18 of water, natural gas (excluding liquid petroleum gases), and storm and sanitary sewer lines; and 19 water and sewer plants and substations. The scope of work of thc plumbing contractor also 20 includes the design, when not prohibited by law, and installation, maintenance, repair, alteration, 21 or extensions of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all 22 related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by 23 applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants; 24 and pneumatic control piping systems, all in such a manner as to comply with all plans, 25 specifications, codes, laws, and regulations applicable. The scope of work of the plumbing 26 contractor shall apply to private property and public property, shall include any excavation work 27 incidental thereto, and shall include the work of the specialty plumbing contractor. Such 28 contractor shall subcontract, with a qualified contractor in the field concerned, all other work 29 incidental to the work but which is specified herein as being the work of a trade other than that of 30 a plumbing contractor. Placement of fire sating and f'a'e stopping materials shall be permitted on 31 wall, ceiling and floor penetrations created within the scope of thc work allowed by this section. 32 1.6.2.11.1. Journeyman Elec~cian requires four (4) years as an apprentice, a passing 33 grade on a six (6) hour test, and means those persons qualified to perform work in the electrical 34 trades while employed or supervised by an electrical contractor. This provision does not apply to 35 any individual who then holds a valid, active journeyman's license in the electrical trade and that 12 Words ~ arc deleted; words ~ arc added. 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~...~! 9 .0 21 22 23 24 25 26 27 28 29 3O 31 39 33 34 35 license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.5335, Florida Statutes. 1.6.2.12. Electrical Contractor requires twenty-four (24) months experience as a licensed .lourneyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two (2) hour business and law test and means a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways (including alarm system raceways if the contractor is then registered with the State), conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. The term electrical contractor does not qualify any person, firm or corporation for the installation of fire alarms which requires a separate state license. Placement of fire sating and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3. Specialty Contractor means any person who assumes responsible charge and direction in the performance of construction work requiring special skills, and whose principle contracting business involves the use of specialized building trades and crafts usually a minor pan of a complete structure. Available categories of Specialty Contractors and their requirements are: 1.6.3.1. Acoustical Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain, repair, and alter acoustical materials. The scope of work permitted under this classification shall include, but not be limited to, the installation of grid work used to support acoustical panels, including lumin~ous ceiling panels. 1.6.3.2. Aluminum Contractor Including Concrete requires twenty-four (24) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms and portable metal or vinyl partitions. These contractors may form, place on grade reinforcing steel and miscellaneous steel, and pour, place, and finish AGENDA IT..F.. M NC). ~ 1 2002 pg. j_L/. '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2~ 24 2~ 26 2'7 28 30 31 35 non-structural concrete on grade only, incidental to an aluminum accessory structure eh!y, en ~.n. ~.l.. ~'ld or ~l'~n enclosures. 1.6.3.3. Aluminum Contractor requires twenty-four (24) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal-and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms, scr~n enclosures, and portable metal or vinyl partitions. 1.6.3.4. Alarm System Contractor requires twenty-four (24) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation. a. Alarm System Contractor I means an alarm system contractor whose business includes all types of alarm systems for all purposes. b. Alarm System Contractor II means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. c. Alarm System means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency. d. Burglar Alarm Contractor means an alarm system contractor whose business is limited to thc installation of burglar alarms in single-family homes and two-family homes, mobile homes, and small commercial buildings having a square footage of not more than 5,000 square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with passing grade on a two (2) hour business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been manufactured for installation on job site locations. 1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour test and a passing gr,.de on a two (2) hour business and law test and means those who have the knowledge and skill to install any wood and metal products including, but not limited to, rough framing, wood structural wood and metal non-structural tresses, sheathing, paneling, trim, metal framing, and cabinetry. Placement of fire sating and fu'e stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. AGENDA ITEM N°'Ay ~ ~J-~~ pg. i~"' 14 Words smtek-ila,ea~e arc deleted; words ~ arc added. 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 Ill ~0 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, repair, adjust or extend garage doors. 1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to batch and mix aggregates, cement, and water to agreed specifications, to construct forms and framework for the casting and shaping of concrete to place miscellaneous embedded steel and to pour, place, and finish concrete. This category do~s not include the plastering of the interior of a pool. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does not include the plastering of the interior of a pool. 1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) requires twenty-four (24) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to use and maintain pressure equipment, mix material and apply according to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work should be decorative in nature and non-structural in function; the materials used in the manufacturing and installation of said products may be of ferrous or non-ferrous materials. 1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36) months experience with a passing grade on a ~ (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 15 Wor~ st:-~ ~---~.~ are deleted: word~ ~ ~xe added. NO. 1 1.6.3.14. Dred~ng Contractor requires thirty-six (36) months experience with a passing 2 grade on a three (3) hour teat and a passing grade on a two (2) hour business and law test and 3 means any person who is qualified to operate hydraulic dredging equipment which digs and ,~ removes material by pump and which deposits the pumped material at a fill location in one 5 operation. 6 1.6.3.15. Drywall Contractor requires thirty-six (36) months experience with a passing 7 grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and 8 means those who are qualified to install gypsum flrywall products to wood and metal studs, wood 9 and steel joists, and metal nmners in buildings of unlimited area and height. The scope of work 10 shall include the preparation of the surface over which the drywall product is to be applied, 11 including the placing of metal studs and runners and all necessary drywall preparation trim and 12 shall include the placement of £Lre sating and fLre stopping materials as part of the overall drywall 13 contract. 14 1.6.3.16. ~ Hurricane Shutter/Awning Contractor requires twenty-four (24) 15 months experience with a passing grade on a one (1) hour hurricane shutter installer test and a 16 passing; grade on a two (2) hour business and law test, and means, those who are qualified to 17 install, maintain, repair or replace shutters and awnings that are designed to protect residential Ill and commercial buildings from hurricane and storm force winds and windbome debris all in 19 accordance with Collier County amendments to the Auulicable Buildin£ Code. as amended from 20 time to time. Any eleCtrical work connected with the installation of the Shutters or awnings must 21 be done by a licensed electrical contractor. Only nonstructural adiustments to existing openings 22 may be performed as part of the work. Contractors who hold current Collier County Aluminum 23 Contractor Including Concrete or Aluminum license on the effective date of this amendment are 24 not required to pass this test. but must apply for this certificate not later than one (1) year from 25 the effective date of this amendment. 26 1.6.3.17. Epoxy Stone Contractor requires twenty-four (24) months experience with a 27 passing grade on a two (2) hour business and law test and means those who are qualified to batch 2il and mix aggregates, epoxy, hardener, and gravel to specifications or to construct forms and 29 framework for the casting and sh,ping of epoxy and aggregate, or to pour, place and finish over 30 concrete base. 31 1.6.3.15. Excavation Contractor requires thirty-six (36) months experience and a passing 32 grade on a three (3) hour test and a passing grade on a two (2) hour business and ]aw test and 33 means any person who is qualified to excavate to obtain or remove materials such as rock, gravel 34 and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of 35 surface debris and vegetation as well as the grubbing of roots; and to remove debris and level 36 surface land incidental and necessary thereto in compliance with all environmental laws, the 16 Words ~.~k :.~-$:;~ are deleted; words ~ m'e added. l 4 $ 6 7 8 9 10 12 14 15 ~6 17 21 22 23 2~ 25 2~ 2'/ 28 29 3O .32 ~3 Building Code, and other applicable codes and regulations, lVlinor excavations, such as footings, backfill without Compaction, and s/milar activities are exempt hereunder. NOTE: The use of explosives is not included in this category. 1.//.3.19. Fence Erection Contractor requi~s twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated wails on grade. 1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months experience installin~ the svecific vroduct and a passing grad~ on a two (2) hour business and law test and means any person who is qualified to install carpet, sheet vinyl and/.or all types of wood flooring. This category does not include, tile, marble, or terrazzo. 1.6.3.21. Gasoline Tank and Pump Contractor requires forty-eight (48) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to install, maintain, repair, alter, or extend any above ground system used for the storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified to select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, sash and door and ho]ding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. Thc scope Qf work shifll include the installation of hurricane shutters or devices that are inte~al with the window system. 1.6.3.23. Insulation Contractor. a. All types except buildings - requires thirty-six (36) months experience, a passing grade on a thr~ (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping materials, sprayed-on fLr~ resistive materials, or built-up refrigerated boxes or rooms, and acoustical m~,terials. b. Buildings - requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a two (2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installe~d to prevent loss or gain of heat fromrooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain, repair, alter or extend all piping Wo~ds ~,~,~t ~r~ d=ka~l; words ~ ars added. I and sprinkler heads used for imgation, including any required connections to a water pump; 2 however, such work does not include direct connection to potable water lines. 3 1.6.3.2& Landscaping Contractor requires twelve (12) months experience and a passing 4 grade on a two (2) hour business and law test and means any person who is qualified to install 5 and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, and 6 concrete paving units for sidewalks, patios and decks only, whether or not incidental to 7 landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to 8 a sanitary sewer system, potable water line, or to any electrical installation, which tasks must b~ 9 performed by tradesmen hcensed in the relevant trade. Landscape Contractors may contract for 10 only removal and/or trimming of trees and/or any other combination of the authorized services. 11 1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and 12 licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and 13 appliances and equipment necessary for storing and converting liquefied petroleum gas into 14 flame for light, heat, and power. Placement of fire sating and fire stopping materials shall be 15 permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by 16 this section. 17 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six (36) 15 months experience, a passing grade on a three (3) hour test and a passing grade on a 19 two (2) hour business and law test, and means those who are qualified to build and install 20 bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits, and to do pile 21 driving. Electrical service and wiring must be provided by a licensed electrical contractor. 22 1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing grade 23 on a three (3) hour test and a passing grade on a two (2) hour business and law test and means 24 those who are qualified to select, cut, and lay brick and concrete block or any other unit masonry 25 products, lay other baked clay products, rough cut and dress stone, artificial stone and precast 26 blocks, glass brick or block, but who shall not pour or finish concrete. 27 1.6.3.29. Paving Blocks Contractor. Requires twenty-four (24) months experience in the 28 respective construction plus a passing grade on a three (3) hour test and a passing grade on a two 29 (2) hour business and law test, and means those persons who are qualified to construct 3O driveways, sidewalks, patios, and decks, using concrete paving units. 31 1.6.3.30. Painting Contractor requires twenty-four (24) months experience, a passing 32 grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and 33 means those who are qualified to use spraying equipment as well as hand tools to finish both 34 exterior and interior 'work. A painting contractor may do paperhanging, sandblasting, 35 waterproofing, and may clean and paint roofs. 18 Words ~ nrc dele, ted; words ~ arc added. 7 10 12 14 17 ZO 2~ 22 23 24 25 26 27 28 29 3O 32 ~3 34 1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requi~s thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who nrc qualified to coat surfaces, illcludin~ lathint and drywall, with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such materials such as to create a permanent surface coating, :?.!=~..~, ...... ~, .=.~., .....n This category does not include the plastering of the interior of a pool. 1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant storage tank. Said contractor must have a State Pollutant Storage License. A County Certificate of Competency is not available for this category. 1.6.3.34. Reinfomed Steel Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified to fabricate, place, and tie steel reinforcing bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specifications, steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, and tied. 1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to clean, paint or coat a roof by means of pressure-operated equipment, hand application or otherwise. This category does not include roof repair. 1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to operate a sandblasting machine. 1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test and means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applicable Collier County or City Ordinances. If installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete. 1.6.3.38. Sealing and Striping Contractor requires, twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means those who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios. The 19 W~'ds tm, tmk4leqm~ a~c dclcicd; words underlined arc added. 1 scope of work shall include asphalt patching incidental to sealing up to twenty (20) square feet 2 ~er ~atch in a manner ~hat does not use a mechanical spreader or paver. a 1.6.$.39. Exterior Covering by Artificial Stucco System Contractor. Applicable to 4 exterior insulation and finish systems (EIFS), exterior one coat stucco systems, and exterior dry s stock block wall systems whenever the specific system requires its own certification (approval) 6 of the insUfller. EIFS includes, but is not limited to, the following registered 7 tnsdema~ks/tradenames: SUREWALL, DRYV1T, PAREX EIFS, Vitricon energix, Senergy 8 systems, TEC Ful-O-Mite systems, Pleko systems, Thoro's EIFS systems, and USG EIFS. The 9 ,~pplicant must prove then current approval from an authorized representative of the specific 10 system and must have a passing grade on a two (2) hour business and law exam. 11 1.63.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a 12 passing grade on a two (2) hour business and law test, and means any person who is qualified to 13 erect, install, repair, alter, extend or change any non-electrical sign, provided all work is 14 performed in accordance with applicable Collier County and City ordinances. This category does IS not include the construction of free-standing structural signs. 16 1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a 17 passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, 18 and means any person who is qualified to install, repair, alter, manufacture, add to, or change any 19 electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is 20 qualified to erect signs. Such contractor may contract for, and take out building permits for the 21 erection of signs. The electrical service and wiring from the electrical service to the sign 22 disconnect must be supplied by a licensed electrical contractor. 23 1.6.3.42. Solar Heater Installation Contractor requires twenty-four (24) months 24 experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour 25 business and law test, and means those who have the knowledge to install, alter, repair, or replace 26 any solar hot water heating system for residences or for residential swimming pools, including 27 collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors and low 2s voltage controls which connect to existing plumbing stub-outs and electrical disconnects. 29 1.6.$.43. Structural Steel ,Erection Contractor requires thirty-six (36) months experience, a0 a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law 31 test, and means those who are qualified to erect structural steel shapes and plates, including such 32 minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or 33 may be used as structural members for buildings and structures, and the erection of 34 communication towers, including riveting, welding and rigging, only in connection therewith. 35 1.6.3.44. Structure Moving Contractor means persons who are required to be general, 36 building or residential contractors, and who are qualified to lift and secure structures and 20 Words :w.::~ :.~..-v=7,~ are deleted; words ~ m'e ~lfled. iAGENDA IT, EM pg. ,~ / 1 2 $ 6 7 8 9 10 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 32 ~3 34 35 transport said structures from one site to another, whether or not such transport is across public roads, including the proper placement of structures at a new location. 1.6.3.45. Tile and Marble Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those persons who are qualified to set tile, ami marble and atone. 1,6,3.46. Ti]c, Marble and Terrazzo Installation Contrnctor ~quires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those persons who are qualified to mix, prepare, and finish t~rrazzo, prepare the base, and set tile, -~d marble and stone, 1.6,3.47. Underground Utility and Excavation Contractor re4uires forty-eight (48) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means contractors whose services are limited to the construction, installation, repair, on public or private property, whether accomplished through open excavation or other means, including, but not limited to, directional drilling, auger boring, jacking and boring, tr~nchless technologies, wet and dry taps. routing, and slip lining of main sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multi-occupancy properties at manhole or 'wye' lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. These contractors may install empty underground conduits in rights-of-way, easements, platted rights-of-way in new site development, and sleeves for parking lot crossings no smaller than two (2) inches in diameter, provided the conduit system is designed by a licensed professional engineer or by an authorized employee of a municipality, county, or public utility, and installation of such conduit shall not include installation of any conductor wiring or any connection to any energized electrical system. An underground utility contractor shall not install any piping that is an integral pan, of a fire protection system, as defined in Section 633.021(7), Florida StaJutes, beginning at the point where the piping is used exclusively for such system. 1.63.45. Tre~ Removal and Trimming Conuactor requires twelve (12) months experience with a passing grade on a two (2) hour business and law test and means those who am qualified to trim and remove trees and stumps. 1.6.4. Contractor Licensing Supervisor means the individual who overse~s contractor licensing and its investigations or presents complaints regarding licensed contractors in Collier County, Florida. This individual holds office in the Building Review and Permitting Department 21 Words ~ are deleted; words ~ are agfled. L AGENDA ITgM - 1 20{32 I of the Community Development and Environmental Services Division of Collier County 2 Govemlnent. 3 1.6.5. Employee means any person who works for and is under the supervision and 4 control of a licensee, provided that said employee does not hold himself out for hire or engage in 5 conUacting except as an employee. For the purposes of this Ordinance, indicia of an employment 6 relationship shall include the employer's regular payment of wages and compensation, F.I.C.A. 7 dcn:[uctions, tax withholding and provision of Workers' Compensation to the employee by thc S employer, all as prescribed by law. 9 1.6.6. Person means a human being or a legal business organization. 10 1.6.7. "Contracting" means, except as exempted in this pan, engaging in business as a 11 contractor and includes, but is not limited to, performance of any of the acts as set forth in 12 subsection (3) which define types of contractors. The attempted sale of contracting services and 13 the negotiation or bid for a contract on these services also constitutes contracting. If the services 14 offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted 15 sale of these services requires the corresponding licensure. However, the term "contracting" shall 16 not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell 17 or sells completed residences on property on which the individual or_business entity has any legal 15 or equitable interest, if the_services of a qualified contractor certified or registered pursuant to the 19 requirements of this chapter have been or will be retained for the purpose of constructing such 2o residences. 21 1.6.8. "Business organization" means any partnership, corporation, business trust, joint 22 venture, or other legal entity which engages or offers to engage in the business of contracting or 23 acts as a contractor as defined in this section. 27 ~ 1.6.9. "Primary qualifying agent" means a person who posscsscs thc requisite 28 skill, knowledge, and cxpcricncc, and has the responsibility, to supervise, direct, manage, and 29 control the contracting activities of the business organization with which he.is connected; who 30 has the responsibility to supervise, direct, manage, and control construction activities on a job for 31 which he has obtained the building permit and for financial matters, both for thc oreanization and 32 in ecneral and for each soccific job; and whose technical and personal qualifications have been 33 determined by investigation and examination as provided in this pan, as attested by the 3,$ department. 35 !.f.! I. 1.6.10. "Secondary qualifying agent" means a person who possesses the requisite 36 skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and 22 Words ~.m4e,,hr-e~ are deleted; words under~ ~ added. ! control construction activities on a job for which he has obtained a permit, and whose technical 2 and personal qualifications have b~n determined by investigation and examination as provided '-~' in this part, as attested by the department. 4 1.7. Stop-Work Orders. 5 If it should become known to the ConU'actor Licensing Supervisor that a construction project 6 end/or contyacting in Collier County or the City is being undertaken by uncertified or nonexempt 7 persons, the Contractor Licensing Supervisor, or his/her designee, shall place a stop-work order 8 on the relevant portion of said project until such time as a certified contractor assumes 9 supervision of the construction project. Any uncertified and nonexempt person resuming 10 construction prior to the removal of the stop-work order by the Contractor Licensing Supervisor 11 shall be in violation of this Ordinance. 12 1.8. Experience Requirements. 13 As a prerequisite to, and as a requirement for, the issuance of a Collier County/City Certificate of 14 Competency, an applicant shall submit satisfactory evidence of experience in the trade for which 15 he/sbe desires certification. 16 a. Contractors' experience shall be in that particular trade, with at least one 17 (1) year of said experience being as a supervisor. 18 b. Masters' experience shall be as journeymen. ~.[9 c. Joumeymen's experience shall be as apprentices or trainees, having completed an apprenticeship program registered with the Department of Labor and Employment 21 Security and_demonstrates 4 years verifiable practical experience in those particular trades, or 22 demonstrates 6 years verifiable practical experience in those particular trades, except as may be 23 authorized by apprentice programs approved by the Bureau of Apprenticeship, Division of Labor, 24 Employment and Training of the Department of Labor and Employment Security, which are 25 hereby incorporated by reference as the required apprentice experience. 25 1.8.1. To determine if the applicant possesses the experience required by this Ordinance, 27 the Contractor Licensing Board Supervisor or his/her designee shall consider the following forms 28 of proof of experience: 29 a. Affidavits from former employers with specifics as to the number of years 30 of experience, work performed and any other relevant information; 31 b. Copies of other certificates of competency, if any, held by the applicant in 32 other counties or cities; 33 c. Affidavits from any building director in locations where the applicant has 34 worked; 35 d. Affidavits from any union organization of which the applicant has been a member relating to the trade for which the a~plieant has made application; 23 Words .--.'-:;k '~.L-=--z~ arc dclctcd; words ~ am add~. AGENDA I~_..~ NO. -' 1 2002 ... e. Affidavits from any other source within the trade applied for. 1.IL2. Education at an accredited school may be presented to satisfy a portion of the experience requirements of this Section. Specifically, each full year of school-level work in the trade for which application is made shall be credited to the applicant as .75 years experience, but such credit shall be for no more than one-half of the total experience required by this Ordinance. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 24 25 26 27 28 29 32 34 35 36 PART TWO: CERTIFICATES OF COMPETENCY- PROCEDURE. 2.1. Appllcntlons - Genernl. 2.1.1. Any person or business organization desiring to obtnin a Certificate of Competency shall make application under oath for such Certificate and shall submit such information as is required by this Ordinance. 2.1.2. Should thc applicant be a business organization, thc application shall be executed by a legally authorized and empowered representative of business organization who shall show his authority to so act on the application. In addition, the application shall name a qualifying agent authorized to act on behalf of the firm in all subsequent proceedings, showing his authority: a. To act for thc firm in all matters and in any manner connected with the contracting business; and b. To supervise the construction under thc Certificate of Competency issued to thc applicant, 2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade, without prior approval of the Contractors' Licensing Board, and in no event more than two firms at the same time. 2.1.4. No application shall be considered unless thc applicant supplies all information as required by this Ordinance. 2.1.5. The Board of County Commissioners shall establish and adopt, by Resolution, a schedule of fees and charges for applications for Certificates of Competency, renewals, late fees and other charges, if applicable, pertaining to this Ordinance. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this Ordinance. The schedule of fees and charges shall be posted in the office of the Building Review and PermJtting Department of the Community Development and Environmental Services Division of Collier County Government and the City's Building and Zoning Division (Department), and the resolution establishing such fees shall be on file with the City's Clerk and the Clerk to the Board.' The schedule of fees and charges may be changed in accordance with standard resolution adoption and amendment procedures of the Board of County Commissioners and repeal or amendment of the schedule shall not be subject to the procedure otherwise 24 Words ~ ~re deleted; words un~r~ are added. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 -'0 21 22 23 24 25 26 2'/ 28 29 3o 31 32 33 34 35 necessary for amendment of this Ordinance. Current fees and charges are set forth in Resolution No. 87-108 and shall remain in effect until said Resolution is amended or superseded. 2.2. Contractor Application - Individual. Any person desiring a Certificate of Competency shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor: Name of applicant, date of birth, Social Security number and driver's license number; 2.2.2. 2.23. Home address and telephone number; Business address and telephone number. A contractor is required to maintain an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. Name of applicant's business; Applicant's proposed contracting business; ff applicable, verification that applicant has properly registered under the fictitious 2.2.4. 2.2.5. 2.2.6. name statutes; 2.2.7. 2.2.8. Type of Certificate of Competency for which application is being made; A complete list of all outstanding debts related to the applicant's contracting business which the applicant has not paid or refuses to pay and a statement of the masons for nonpayment; 2.2.9. Names and telephone numbers of two persons who will always know the applicant's whereabouts; 2.2.10. A statement whether the applicant has ever been convicted of a crime related to contracting and any crime of moral turpitude; 2.2.11. Applicant's business or work experience during the past ten years; 2.2.12. Any formal training in the area of competency for which application is made; 2.2.13. In addition to the aforementioned information, the applicant shall attach or submit the following information: a. A credit report compiled by a nationally recognized credit agency that reflects the financial responsibili~ of the applicant; b,. Affidavits as to the applicant's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County/City Certificate of Competency has been made. Said affidavits shall be in substantially the form issued by the Collier County Contractor Licensing Supervisor or his/her designee; c. Scores on the examination applicable to the license applied for, including the area of competency tested, the date of testing and the place of testing. Said examination shall NAY 1 6 2002 Ps. 25 Words ~ nf~ d~lct~d; words underlim-xt ~ nddp..d. I have been administered by a testing agency recognized and approved throughout the State of 2 Florida as provided for in Section 2.6 of this Ordinance. 3 2.3. Contractor Applications - Business Organizations. 4 If the applicant proposes to engage in contracting as a partnerShip, corporation, business 5 trust, or other legal entity, the applicant shall apply through a qualifying agent and comply with 6 all requirements and responsibilities contained in Sections 489.119 and 489.1195, Florida 7 Statutes. 8 Any business organization ck:siring a Certificate of Competency in Collier County shall 9 submit the following information on forms provided by the Collier County Contractor Licensing 10 Supervisor, 11 2.3.1. Business organization name; 12 2.3.2. Business address and telephone number. A business organization must have an 13 office in Collier County or have an agent in Collier County for purposes of receiving notices 14 purSuant to this Ordinance. 15 2.3.3. Qualifying agent; 16 2.3.4. Proposed contracting business; 17 2.3.5. Type of Certificate of Competency for which application is made; lS 2.3.6. Names and addresses of all partnerS, directorS and officerS; 19 2.3.7. Where applicable, a copy of a certificate of incorporation or proof of recorded 20 fictitious name; 21 23.8. A list of all contracting businesses owned by the business organization during the 22 last five years; 23 2.3.9. A credit report from a nationally recognized credit agency if thc business 24 organization has been in existence for more than one (1) year. If the business organization has 25 be~n in existence for less than one (1) year, a credit report on every business organization in 26 which the Applicant/Qualifier was an agent is required. If neither of the above is applicable a 27 p~'sonal credit report on the applicant/qualifier is required, 28 23.10. A complete list of all outstanding debts related to the business organization's 29 contracting business which the ,business organization has not paid or refuses to pay and a 30 statement of the reasons for novpayment; 31 2.3.11. The signature of an authorized officer of the business organization; 32 2.3.12. Qualifier information: 33 a. The name of the qualifying agent and date of birth; 34 b. The name of the business organization to be qualified; 35 c. Type of Certificate of Competency for which application is made; 36 d. The home address of the qualifying agent; 26 Words ~ ar~ deleted; words undet~ are ~ I e. The names and telephone numbers of two persons who will always know 2 the qualifying agent's whereabouts; a f. Scor~s on any approved examination; including the area of competency 4 tested, the date of testing and the place of testing; 5 g. Affidavits as to the qualifier's honesty, integrity, good business reputation 6 and competence in the trade category for which application for a Collier County/City Certificate 7 of Competency has b~n made; S h. A statement whether the qualifying agent has ever been convicted of a 9 crime related to contracting and any crime of moral turpitude; 10 i. A complete list of all outstanding debts related to the qualifying agent's 11 contracting business which the qualifying agent has not paid or refuses to pay and a statement of 12 the reasons for nonpayment; 13 j. A statement of the qualifying agent's business and work experience during 14 the previous five yea.rs; 15 k. A statement of any formal training possessed by the qualifying agent in the 16 trade category for which application is made for a competency card; 17 1. Proof that the qualifying agent is legally qualified to act for the business lS organization in all matters connected with its contracting business and that said qualifying agent 19 has the authority to supervise construction undertaken by such business organization. Proof that 20 a qualifying agent is legally qualified to act for the business organization includes, but is not 21 limited to, authority to sign checks for the business organization, training and supervision of 22 employees, hiring and firing of employees or other actions indicating active involvement in the 23 business organization. 24 2.4. Master or Journeyman Applications. 25 a. The name of the applicant and date of birth; 26 b. Home address and telephone number; 27 c. Business address and telephone number; 28 d. Type of Certificate of Competency for which application is being 29 made; 30 e. The names and telephor.e numbers of two persons who will always know 31 the applicant's whereabouts; 32 f. Scores on any approved examination, including the area of competency 33 tested, the date of testing and the place of testing. Prior to talcing the tests required by this 34 Ordinance, an applicant must provide verification that he or she has complied with the 35 experience requirements. AGENDA No.J~ ~..~ MAY 1 q ,2002 pg. ,,9, g' .. 27 Words sl~ntek--Ihn~ am delcu:d; wmds~ are added. 6 7 8 9 10 I1 12 13 15 16 17 18 19 20 21 22 23 24 25 26 2'/ 28 29 3O 31 32 35 36 g. A statement of the applicant's business or work experience during the past ten years; h. A statement of any formal training in the trade categories for which application is made for a competency card. 2.5. Standards for the Issuance or Denial of a C~rtificate of Competency. 2,S.1. Contractors. The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of Competency to the applicant if it appears, on the face of the application, as submitted by the applicant, that: a. The application is complete in accordance with the requirements of this Ordinance; b. The applicant possesses the experience required by Sections 1.6 and 1.8 of this Ordinance; c. The credit report submitted indicates no facts and circumstances which show a failure to pay contracting related bills promptly; d. The applicant or qualifier meets the requirements for financial responsibility set forth in Rules 6104-15.005 and 61G4-15.006. Florida Administrative Code, as they may be amended from time to time; e. The applicant meets one of the following criteria: 1) The applicant has taken and passed an examination approvcd and recognized throughout thc State of Florida, as provided for in Section 2.6 of this Ordinance, for the area of competency for which application has been made, or 2) The applicant meets all licensing requirements provided for by this Ordinance. f. g. h. i. All required affidavits have been submitted; All required fees have been paid; The applicant possesses a current Collier County occupational license; and The applicant or the qualifying agent is at lea~t 18 years of age. 2.5.2.. Referral of Application to Contractors' Licensing Board for Decision. If it does not appear on th~ face of the application that the applicant has complied with the requirements of this Ordinance so as to be elig/ble for a Certificate of Competency, then the Contractor Licensing Supervisor shall refer the application to the Contractors' Licensing Board for a decision regarding approval or denial of the application. 2.5.3. When an application is referred to the Contractors' Licensing Board, the Board shall take testimony from the applicant and shall consider other relevant evidence regarding whether the application meets the requirements of this Ordinance. Upon the evidence presented by the applicant and the Contractor Licensing Supervisor, the Contractors' Licensing Board shall 28 Word~ :~k '&-;;:;.~. ate delel~:l; words und~ ~ add~ iAGENDA No. t7 MAY 1 2002 Pg. ~ 10 11 12 13 14 15 16 17 ~19 20 21 22 23 2,4 26 27 28 29 3o 32 33 34 35 determine whether the applicant is qualified or unqualified for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board. The Board may consider the applicant's relevant recent experience in the specific trade and based upon such experience may waive testing requirements if convinced that the applicant is qualified by experience whereby such competency testing would be superfluous. 2~.3.1. If the Co~tractors' Licensing Board determines that an applicant is qualified for a particular type of Certificate of Competency, a competency card shall be issued by the Contractor Licensing Supervisor or his/her designee. 2.S.4. Additional Requirements. In addition to the foregoing requirements, each applicant shall submit the following information as a prerequisite to the issuance of a Collier County competency c~rd: 2.~.4.1. The applicant's state registration number or a statement that the applicant has made application for a state registration number (anyone not required to have a state registration number by Chapter 489, Florida Statutes, is exempted from this Subsection); 2.5.4.2. The applicants' individual or business organization's United States Internal Revenue Tax number; 2.5.4.3. Proof of insurance as required by Section 2.8 of this Ordinance; 2.5.4.4. A statement that the applicant has or will comply with all Workers' Compensation laws of the State of Florida prior to contracting in the City and in Collier County; 2.5.4.5. Where applicable, a statement that the applicant has registered his fictitious name with the Florida Department of State, Fictitious Name Filing Section, as required by Section 865.09, Florida Statutes; 2.5.4.6. When a Certificate of Competency is issued in the name of a business organization, the certificate shall be in the name of the business organization and the name of the qualifying agent shall be noted thereon. The requirements of this Section shall be deemed to be a portion of the application and any false statement made by an applicant as to information required by this Section shall be grounds for discipline as provided for in 2.6. Approved Examin,ers. The approved examiners for the purpose of administering proctored exams a~; required by this Ordinance is '~Experior", 2100 N. W. 53~ Avenue, Gainesville, Florida, 32653, and any other testing agency with comparable testing standards recognized and approved throughout the State of Florida and also approved by the Collier County Contractors' Licensing Board. 2.7. Examinations. A minimum passing grade of 75% shall be required on all examinations. Examinations shall be specific to the trade category for which application for a Certificate of Competency has been 29 Words ~n,ek-tb~ ~rc dclr.,u:fl; words land~ are a~tcd. MAY 1 q 2002 I made. Said examinations shall be proctored and graded by a testing agency meeting all the 2 requirements of Section 2.6 of this Ordinance. When a Certificate of Competency becomes void 3 pursuant to Section 1.4.9 herein, all previous examination scores shall be disregarded except 4 when the most recent relevant examination was taken and passed within three (3) years of the 5 date of receipt of the new application, pursuant to Chapter 489, Florida Statutes. 6 2.8. Insurance. ? All licensed contractors shall maintain liability and other categories of insurance, as required by 8 Florida law, at all times. Such insurance shall be with an insurance company authorized todo 9 business in the State of Florida. The minimum limits of liability insurance required shall be not 10 less than $100,000 for bodily injury and $25,000 for property damage or any higher minimums as 11 required by Florida law. All licensed contractors shall maintain applicable Workers' 12 Compensation insurance as required by Florida law and/or federal law, including, but not limited 13 to, the provisions of the Federal Employers' Liability Act, the Longshoremen's & Harbor 14 Workers' Compensation Act, the Defense Base Ac,t, or the Jones' Act. 15 2.9. Dormant Status. 16 2.9.1. Any person or firm that holds a valid Collier County/City Certificate of 17 Competency may place the Certificate of Competency on dormant status dunng which time said 18 person or finn/entity shall not engage in eontracting in Collier County, but may retain the 19 certificate on a dormant status basis provided timely payment is made of an annual renewal fee as 2O set forth in Section 2.1.5 of this Ordinance and applicable resolutions enacted by the Collier 21 County Board of County Commissioners. 22 2.9.2. Persons or business organizations desiring to renew dormant certificate may do so 23 by complying with the requirements of Section 1.4 of this Ordinance relating to renewal s. 24 2.10. Restricted Certificates of Competency. 25 The Contractors' Licensing Supervisor or designee may issue a Restricted Certificate of 26 Competency to an applicant for a certificate in a particular trade, which Certificate is restricted to 27 certain aspects of that trade where the applicant has satisfactorily demonstrated that he/she is 28 qualified under this Ordinance in certain aspects of that trade, but lacks the required experience 29 in other aspect(s) of that trade. ~or example, an applicant for a Certificate as a Floor Covering 3o Installation Contractor may have the required experience in laying carpets and/or tiles, but not 31 wood flooring. Each staff level decision to restrict a Certificate shall be final unless reversed or 32 modified by the CLB upon appeal by the certificate holder. 33 2.11. Emergency Restricted Certificates of Competency. 34 In the event of a declaration of a state of emergency in Collier County by the Collier County 35 Board of County Commissioners or in the City by the City Council, in which substantial damage 36 has occurred to buildings and structures so as to cause a shortage of available persons and 3O Worc~ ~ are deleted; words ~ are added. 2002 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ~6 37 I firms/entities in the contracting trades for which there are Collier County/City Certificates of 2 Competency, the Contractors' Licensing Board is hereby authorized to: 3 2.11.1. Declare an emergency contracting trade shortage of designated categories of 4 contractors and/or sub-contractors listed in this Ordinance. This declaration shall be for a period 5 of time not to exceed six (6) months. 6 2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the ? selection of contractors and/or sub-contractors from other jurisdictions whose licensing 8 requirements arc substantially comparable to those licensed in Collier County. The contractors 9 selected must be licensed in jurisdictions whose testing and licensing requirements have been 10 predetermined by the Contractors' Licensing Board to be substantially comparable to the Collier l I County requirements. ]2 2.12. The County will provide active field supervision within the City of licensed and 13 unlicensed activity through its investigation and citation authority. !,~ 2.12.1. The County shall be responsible for issuing licenses in accordance with this 15 Ordinance to authorize contractors to work within the geographic boundaries of County and the 16 City. The County shall collect the fees for those contractors licensed to work within the County 17 and City. 2.13. Contractors who operate in Collier County shall maintain complete financial and business records for the immediately preceding 3 years at their licensed place of business. The business and financial records to be maintained shall include minutes of corporate meetings, business contacts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled checks, records of accounts receivable and payable, financial statements, loan documents, tax returns, employee records and all other business and financial records the contractor maintains in the course of business. The contractor shall allow the Contracting Licensing Supervisor, or his designee, access to all documents referenced in this section upon demand and during normal business hours. Copies of any documents requested by the Contractor Licensing Supervisor, or his designee shall be provided by the Contractor upon payment of reasonable reproduction costs, which shall not exceed the Contractor's actual reproduction c. osts, by the Contractor Licensing Supervisor or his designee. PART THREE: THE CONTRACTORS' LICENSING BOARD. 3.1. Composition. 3.1.1. The Contractors' Licensing Board, being Collier County's "local construction licensing board", is composed of nine (9) members who shall be appointed by the Board of County Commissioners. A minimum of two (2) of these members shall reside within corporate city limits or shall be recommended to the Board of County Commissioners by the City Council. The Board of County Commissioners may also appoint alternate members as it deems 31 Words ~ ~re dcle',r~d; ~ords lllIIIGZI~ a~ addexl. ! appropriate. Three (3) members of the CI.,B shall be consumer representative members. No such 2 member shall be, or shall have ever been, a member or practitioner of any profession regulal~d by 3 the CI.,B or any profession closely relatexi to any such profession regulated by thc CLB. The ,$ members of the CLB who are not consumer representative members should be either a licensed 5 archilect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a 6 licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a 7 licensed residential, or a licensed building contractor. Except for consumer representative 8 members, this provision is merely directory and failure to have members appointed from these 9 U'ades shall not be grounds for voiding or otherwise affecting any action of the Board. I0 3.1.2. Collier County Ordinance No. 86-41, as now or hereafter amended (or any 11 ordinance that is a successor in function thereto) shall be applicablc to every member appointed 12 or reappointed to the CLB after the effective date of this Ordinance, except the following: each 13 initial full-term appointment of a member to the CLB shall be for a term of three (3) years. In 3.2, Internal Operating Procedures. 15 3.2.1. The Contractors' Licensing Board shall elect a chairperson and vice chairperson 16 from its membership. 17 3.2.2. Meetings. 18 3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year. 19 3,2°2.2. Upon the request of the Contractor Licensing Supervisor, or his designee, or at 20 such other times as may be necessary, the chairperson of the Contractors' Licensing Board (and, 21 in his absence, the vice chairperson or, in the vice chairperson's absence, the temporary 22 chairperson elected by majority vote of the members of the Contractors' Licensing Board) may 23 call hearings of the Contractors' Licensing Board. Heatings may also be called by written notice 24 signed by at least three (3) members of the Contractors' Licensing Board. At any hearing, the 25 Contractors' Licensing Board may set a future hearing date. Minutes shall be kept of all meetings 26 and hearings and all meetings and proceedings shall be open to the public. 27 3.2.2.3. Five memben shall constitute a quorum for any meeting, and a majority vote of 28 those present shall be required to make any decision. 29 3.2.2.4. The Collier Cou~,ty Board of County Commissioners shall provide such clerical 30 and administrative personnel and legal services as may be reasonably required by the Contractors' 31 Licensing Board for the proper performance of its duties. 32 3.2.2.~. The County Attorney, or his designee, shall either be counsel for the Contractors' 33 Licensing Board or shall represent the County by presenting cases before the Contractors' 34 Licensing Board, but in no case shall the County Attorney or his designee serve in both capacities 35 for the same case or at the same time. 36 37 32 Words ~ are deleted; words underli~ ~'e,~lded. 33 10 11 12 13 14 15 16 17 18 20 21 22 23 2,$ 25 26 2? 28 29 30 31 32 33 34 35 3.3. Duties and Powers of the Contractors' Licensing Bom'd. 3.3.1. Upon reference by thc Contractor Licensing Supervisor or petition by an applicant, the Board shall have the power to determine thc qualifications of applicants for thc various categories of contractors' Certificates of Competency as measured by standards stated in this Ordinance. 3.3.2. The Board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County/City Certificate of Competency, or a State certified contractor doing business in Collier County, should bc disciplined pursuant to Part Four of this Ch'dinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary proceedings. No member of the Contractors' Licensing Board shall have the power to initiate disciplinary proceedings in his/her capacity as a member of thc Contractors' Licensing Board. 3.3.3. The Contractors' Licensing Board shah have the power to adopt such policies, rules and regulations as it deems necessary to carry out the duties of the Board in accordance with the provisions and intent of this Ordinance. Said policies, roles and regulations, when and if reduced to writing, shall be filed with the Clerk to thc Board of the Collier County Board of County Commissioners. 3.3.4. The Contractors' Licensing Board shall further have the power to: a. Hold hearings; b. Take testimony under oath; c. Adopt rules and regulations for the conduct of its hearings; d. Discipline conu'actors or journeymen holding Collier County/City eC_ertificates of Competency or State certified contractors doing business in Collier County or the City pursuant to Part Four of this Ordinance; e. Issue decisions, findings of fact, conclusions of law. impose disciplinary sanctions, and issue orders to carry out the provisions of this Ordinance. 3.3.5. The Contractors' Licensing Board shall also have all other powers granted to said Board or otherwise by Florida law. ;3.3.6. Thc Contractors' Licensing Board shall have the power to make recommendations to the Board of County Commis, sion regarding amendments to this Ordinance and shall review amendments to the Ordinance proposed by County staff. PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE. 4.1. Misconduct. Collier County/City Certiflcnte of Comlmt~ncy The following actions by a holder of a Collier County/City Certificate of Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance: 2002 33 Words ~ arc dr, lelcd; ~rds~ are ,~kle~l. I 4.1.1. Knowingly combining or conspiring with an unlicensed contractor by allowing 2 one's Certificate of Competency to be used by an unlicensed contractor with intent to evade the 3 provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any 4 firm without first making application under this Ordinance to represent said firm, such act shall 5 constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a 6 certificate holder allows his certificate to be used by one or more companies without having any 7 active participation in thc operations, management, and control of such companies, such act 8 constitutes prima facic evidence of an intent to evade the provisions of this Ordinance. Active 9 participation requires job site supervision, knowledge of and participation in the business 10 operations of the company(s), including ali contractual matters. 1 ! 4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with 12 such business organization, he shall so inform the Board. In addition if such individual is the 13 only certified individual affiliated with the business organization, the business organization shall 14 notify the Board of the individual's termination and shall have no more than sixty (60) days from 15 the date of termination of the individual's affiliation with the business organization in which to 16 affiliate with another person certified under the provisions of this article. In any event, the 17 business organization shall not enter into any new contracts and may not engage in any new IS contracting until such time as a qualifying agent is employed. 19 4.1.2. Contracting to do any work outside of the scope of his/her competency as listed on 2o his/her competency card and as defined in this Ordinance or as rest~cted by the Contractors' 21 Licensing Board. 22 4.1.3. Abandoning a construction project in which he/she is engaged or under contract as 23 a contractor. A project may be presumed abandoned if the contractor terminates the project 24 without just cause, or fails to notify the owner in writing of termination of the contract and basis 25 for same, or fails to perform work for ninety (90) consecutive days without just cause and no said 26 notice to the owner. 27 4.1.4. Diverting funds or property received for the ex,cution of a specific contract 28 project or operation or diverting funds earmarked for a specified purpose to any other use 29 whatsoever. ,, 3o 4.15. Departing from or disregarding in any material respect the plans or specifications 31 of a construction job without the consent of the owner or his duly authorized representative. 32 4.1.6. Disregards or violates, in the performance of his contracting business in Collier 33 County, any of the building, safety, health, insurance or Workers' Compensation laws of the State 3,~ of Florida or ordinances of this County. 35 4.1.7. Falsifying or misrepresenting any material fact in his application and supporting 36 papers for the purpose of obtaining a Certificate of Competency under this Ordinance. 34 Words eli~ele.thm~h arc dclctt:d; words tmde~l~ am 1 2 $ 6 ../ 9 10 11 12 13 14 15 · 17 18 ~,.~19 ~o 21 22 2~ 24. 25 2~ 27 2~ ~0 ~2 ~3 4.1.8. Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of the following: 4.1.8.1. The conu'actor falls to fulfill his/her contractual obhgations to a customer because of inability, refusal or neglect to pay all creditors for material furnished or work or services performed in the operation of the business for which he/she is licensed, under any of the following circumstances: a. Valid liens have been recorded against thc property of a conuactor's customer for supplies or services ordered by the contractor for thc customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after thc date of such liens; b. The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of thc contract or refunds the excess funds within 30 days after thc date thc job is abandoned; c. The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was thc result of circurnstanccs caused by thc customer, or was otherwise permitted by thc terms of thc contract between the contractor and the customer. 4.1.9. Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows or should have known that the person or entity was unlicensed, 4.1,10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the_quality and/or quan. tity of the unfinished or finished work product, including any imm that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. 35 Words ~fleli~,h ~r~ dclcuxl; words ~ ~ a~lexl. I 4.1.11. Failure to maintain at all times, with an insurance company authorized to do 2 business in the Stat~ of Florida, the limits of liability and other cat~gories of insurance as 3 required by this Ordinancc. a 4.1.12. Failing to claim or refusing to accept certified mail directed to the contractor by $ the Contractors' Licensing Board, or its designee. 6 4.1.13. Failing to maintain a current mailing address. 7 4.1.14, Failing to appear in person or through a duly authorized representative at any s scheduled heating on a complaint filed against the contractor, 9 4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in Collier 10 County which directly relates to the practice of contracting or the ability to practice contracting. 11 4.1,16. Allowing another to take a qualifying examination on the applicant's behalf. 12 4.1.17. Engaging in contracting business in Collier County or the City when prohibited 13 from doing so by the Contractors' Licensing Board of Collier County. 14 4.1.18. Proceeding on any job without obtaining applicable permits or inspections from 15 the City building and zoning division or the county building review and permitting department. 16 4.1.19. Failing in any material respect to comply with the provisions of this Ordinance as 17 a contractor or as a qualifying agent for a business entity engaging in contracting. IS 4.1.20. Signing a statement with respect to a project or contract falsely indicating that the 19 work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or 20 materials which results in a financial loss to thc owner, purchaser, or contractor; or falsely 21 indicating that Workers' Compensation and public liability insurance are provided. 22 4.1.21. Failure of a qualifying agent for a firm/legal business entity to comply with the 23 requirements set font in Sections 489.119 and 489.1195, Florida Statutes. 24 4.1,22. Falsifying or misrepresenting any material fact to another person with the intent 25 or for the purpose of engaging in the contracting business, providing materials or services, or 26 soliciting business for an employer, as a contractor, or as an employee, regardless of any financial :~7 consideration. 28 4.1.23. Failing or refusing to provide proof of public liability and property damage 29 insurance coverage and workers c.ompensation insurance coverage. 3o 4.1.24, Misconduct in the practice of contracting (See section 4.2, below). 31 4.2. Misconduct - State Certified Contractors 32 The following actions by State Certified Contractors shall constitute misconduct and grounds for 33 discipline pursuant to Section 4.3 of this Ordinance. 3n 4.2.1. Failing or refusing to provide proof of public liability and property damage 35 insurance coverage and workers compensation insurance coverage as required by Florida 36 Statutes. 36 Words ~-.~k '~.--*:~5 are d~le. ted; w~ts ~ am added. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 28 29 30 31 34 35 4.2.2. Willfully violating the applicable building codes or laws of the state, City or Collier County. 4.2.3. ff the CLB finds through its public hearing process that the contractor was found by another county or municipality wRhin the past twelve (12) months, to have committed fraud or a willful building code violation and the CI..B finds that such fraud or other willful violation would have been fraud or a willful violation if committed in Collier County or within the respective City. 4.2.4. Fraud. 4.3. Disciplinary Proceodings, including Minor Violations. 4.3.1. There are three (3) categories of violations: (i) Violations of subsection 489.127(1), F/or/da Statutes; Violations of subsection 489.132(1), Florida Statutes; and (iii) other violations within the jurisdiction of the Contractor's Licensing Board. a. Subsection 489.127(1), Florida Statutes, is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce subsection 487.127(1), Florida Statutes: Collier County Building Official, all License Compliance Officers, the Chief Building Inspector, Chief Electrical Inspector, Chief Plumbing/Mechanical Mechanical, and/or other inspectors authorized from time-to-time by the Building Official. Procedures specified in this Ordinance shall apply except to the extent, if any, that Section 489.127 or Section 489.132, may require different procedure(s). The penalties for each uncontested violation of subsection 489A27(1) and/or 489.132(1), Florida Statutes, are three hundred ($3~'2'2~) dollars ($300.00) for the first uncontested violation and five hundred dollars ($500.00) for each subsequent uncontested violation by the same individual or entity. Penalties for contested violations of subsection 489.127(i), Florida Statutes, are as now or hereafter specified in Section 489.127, Florida Statues. Penalties for contested violations of subsection 489.132(1), Florida Suuutes, are as now or hereafter specified in Section 489.132, Florida Statutes. The Citation form attached hereto as exhibit "A" is approved, which form may be amended from time-to-time by Resolution of the Board of County Commissioners. b. Minor Violations: The Contractor Licensing Supervisor or designee shall issue a "Notice of Noncomplian~qe" as the County's first response to a minor violation of any provision_of any regulatory law, including this Ordinance, when (i) it is reasonable for Staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. The Notice of Noncompliance should identify the specific provision that was violated, should provide information on how to 37 Word~ ~ [re dd~ted; words ~ a~ add~l. I comply with that provision and should specify a reasonable time for full compliance. The Notice 2 of Noncompliance shall not be accompanied with any immediate thru, at of any monetary fine or 3 any other disciplinary penalty, but may specify that failure of the violator to corr~t the violation 4 within the time specified in the Notice for Compliance may result in disciplinary proceedings. 5 Each violalion that is not a "minor" violation is a "major" violation. 6 c. Major Violations. The Contractor Licensing Supervisor, or his designee, 7 may initiate disciplinary proceedings against a licensed contractor for major violations of this 8 Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County 9 Commissioners. 10 11 d. Failure of Non-State Certified Individual to Promptly Pay tP~ Penalty to 12 County. The Collier County Building Department should not issue any permit or any other 13 required authorization to any Collier County Certified individual who then has an obligation to 14 pay a penalty to the County imposed with finality under this Ordinance for any violation of this 15 Ordinance (including a citation that is not contested) and that individual has not paid that penalty 16 in full by the applicable deadline date, plus reimbursement of the County's costs, such as 17 recording fees and court costs. An appeal of uncontested citations stays all such withholdings. 18" e. Failure of Non-State Certified Individual to Meet Permit Conditions. The 19 County's Building Depa.~'ment may withhold issuance of any further permit(s) or any other 20 authorization(s) to any individual who, or entity that, has not then complie~ with any condition of 21 all County-issued permit(s) issued to that individual or entity, including every follow-up 22 inspection or any other act then capable of being complied with, although late in time. 23 L Withholding Permit Pulling Privileges of State Certified Contractor. 24 Before the CLB may withhold any permit pulling privilege(s) of a State Certified Contractor, the 25 CLB, after public hearing, must find that the Contractor violated a provision of Section 4.2 of 26 this Ordinance. 27 4.3.2. Any person who believes that a contractor holding a Certificate of Competency has 28 violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or 29 his/her designee. The complaint shall be in substantially the form prescribed by the Contractor 30 Licensing Supervisor. The complainant shall pay a fee of $50.00, to defray the costs of 31 -,clministering the complaint, at the time of filing the complaint. The complaining party shall 32 state with particularity which section(s) of this Ordinance he or she believes has been violated by 33 the contractor and the ~aential facts in support thereof. 34 4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing Supervisor, 35 or his~her designee, shall conduct a preliminary investigation and determine whether the 36 complaint submitted warrants the filing of formal charges. If charges are warranted, the 37 Contractor Licensing Supervisor, or Ms/her designee, shall file the complaint with the Clerk to 38 the Collier County Board of County Commissioners and shall s~nd. by certified mail, return 38 1 20D2 / ---- 1o 1! 12 14 15 17 15 2o 21 22 23 25 27 2~ 29 ~0 ~2 receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating: a. The name of the complainant; b. The date(s) of the commission of the alleged offense(s); c. The section(s) of this Ordinance alleged to have been violated; d. The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred; e. The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter. 4.3.3.1. The notice of hearing required by this Section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice. 4.3.3.2. As an alternative to providing notice as set forth above, at the option of the Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as follows: a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section. 4.3.3.3. Although not required to prove that notice was provided, evidence that an attempt has been made to. hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to show that thc notice of hearing requirements of this Section have b~n met, without regard to whether or not the alleged violator actually received such notice. 4.3.4. Conduct of Hearing. 4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to the public. 39 Words .-.~.~:~- -+---,:~. ar~ del~Im:l; ~a~rds ~ m~ ~lcl~l. NO. ~ MAY 1 2002 d _ I 4,3.4.2. The proceedings at the hearing shall be recorded and may be transcribed at the 2 expense of thc party requesting thc transcript. Any pmty may have a court rcportcr present at thc 3 hearing at his~hcr own expense. Neither Collier County nor thc Contractors' Licensing Board 4 shall be responsible for any failure of recording equipment during the conduct of the hearing. 5 4,3.4.3. Each case before the Contractors' Licensing Board shall be presented by the 6 County Attorney, an Assistant County Attorney, or by a member of the County staff. Regarding 7 matte-rs under the jurisdiction of the Contractor's Licensing Board, the Building Official is 8 authorized to issue subpoenas to thc greatest extent then allowed by law, including Section 9 162.08, F/orMa Statutes. 10 4.3.4.4. Assuming proper notice of the hearing has been provided to the contractor, or 11 was not received notwithstanding attempts to notify the contractor, as pmvich:d for in Section 12 4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor. Evidence 13 regarding "notice" shall be received prior to receiving evidence on the merits of the case. 14 4'3.4.5. The Contractors' Licensing Board shall proceed to hear the cases on the agenda 15 for that day. All testimony shall be under oath and shall be recorded. The Contractors' Licensing 16 Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from 17 the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may 18 be called by the respective parties. 19 4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and duc 20 process shall bc observed and shall govern thc proceedings. Irrelevant, immaterial or cumulative 21 evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably 22 prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence 23 would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used 24 for the purpose of supplementing or explaining any evidence but shall not bc sufficient, by itself, 25 to support a finding unless such hearsay would be admissible over objection in civil actions in 26 court. The rules of privilege shall be effective to the same extent that they are now or hereafter 27 may be recognized in civil actions. 28 4,3,4,7, Any member of thc Contractors' Licensing Board may question any witness 29 before the Board. Each party t9 the proceedings shall have the right to call and examine 3o witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless 31 of which party called the witness to testify and to rebut any evidence presented against the party. 32 4'3.4.8, The chairperson or, in his/her absence, the vice chairperson, shall have all 33 powers necessary to conduct the proceedings at the hearing in a full. fair and impartial manner ~ and to preserve order and decorum. 35 4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall issue 36 findings of fact based on evidence of record and conclusions of law; impose disciplinary 40 Words ~,aek-*~-m~a a~c d¢lcmt; words undcrlin~ arc added. 7 9 I0 11 12 13 14 15 16 17 I$ 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 sanctions, if wan'anted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board. 4.3.4.10. The decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within 30 days after the he~ing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shell be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present end voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing. ,1.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending mauer and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance. 4.3,5. Disciplinary Sanctions. 4.3.$.1. Holders of Collier County/City Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a contractor, within the meaning of Section 4.1 of this Ordinance, said Board may, but shall not be required to, impose any of the following enumerated sanctions, alone or in combination: a. Revocation of a Collier County/City Certificate of Competency; b. Suspension of a Collier County/City Certificate of Competency; c. Denial of the issuance or renewal of a Collier County/City Certificate of Competency; d. A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be, under the supervision of the Contractors' Licensing Board; and/or participation in a duly accredited program of continuing education directly related to thc contractor's contracting activ/tics. Any period of probation or continuing education program ordered by the Contractors' Licensing Board may be revoked for cause by said Board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in Section 4.3.3 of this Ordinance. Service of said notice shall be as provided in Sections 4.3.3 and 4.3.3,1 of this Ordinance, Evidence that either of these 41 Words ~l~eit41a, ee~ arc dclet~i; words ~ ere add~l, I 2 3 4 $ 6 7 8 9 1o 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 2'/ 28 29 30 31 32 33 34 35 36 methods of service have been utilized shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received notice; e. Restitution; f. A fine not to exceed $5,000; g. A public ~)rimand; h. Re-examination requirement; i. Denial of the issuance of Collier County or City building permits or requiting the issuance of permits with specific conditions.; Reasonable investigative and legal costs for the prosecution of the violation. 4.3.5.2. a. Holders of State of Florida Certificates of Competency. · fi, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance, said Board may deny the issuance of Collier County/City building permits or require the issuance of permits with specific conditions. b. Notification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after the Contractors' Licensing Board decides to deny the permit. 4.3.53. When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as: a. The gravity of the violation; b. The impact of the violation on the public health, welfare or safety; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; e. Any other evidence presented at the heating by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator. 4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders otherwise, all in accordance with Section 4.3.4.10 of this Ordinance. 4.3.5.5. In addition to any action the Contractors' Licensing Board may take against the individual's or business organization's local license, and any fine the Contractors' Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the State Construction Industry Licensing Board or if the action involves an electrical contractor or 42 Words ~ arc deleted; words ~ m'c ~dded. 7 $ ~0 1! 19 ~7 30 an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of (he registration, or a fine to b~ levied by the Construction Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, and the consequences should he decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Construction Industry Licensing Board or Electrical Contractors' Licensing Board of its action and the recommended board penalty. 4.3.5.6 Fines and all other monetary penalties may be collected and disposed as authorized by and subject to Chapter 489, Flori~ Statutes. Should any monetary penalty imposed by the Board not be paid within thc time specified by the Board's Order, the Board may request from the Board of County Commissioners authority to that appropriate legal action to collect the penalty. PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE CONTRACTORS' LICENSING BOARD. 5.1. Rehearing. Each respondent found to be in violation of this Ordinance, any other pa_,xy, the Chairman of the Cl.,B, the C[~ as a body, or the Assistant County Attorney who tried the case may request a rehe~ing of any decision of the CLB. A request for rehearing shall be in writing and shall be filed with staff and a copy thereof should be delivered to all other parties within twenty (20) days from the date of mailing or other method of delivery to the Respondent(s) of the Board's written decision under this Ordinance. A request for rehearing shall be based only on the ground that fundamental error occurred which resulted in a failure of due process, the decision was contrary to the evidence, or that the hearing involved an error on a ruling of law and/or fact which was fundamental to the decision of the CLB. The written request for rehearing shall specify the precise issue(s) on which the request for rehearing is based. The decision of the CLB which is the subject of the rebeJu-ing request shall remain in effect throughout the rehearing procedure units the County's Licensing Supervisor or the CLB orders otherwise. If any person with slanding claims that fundamental error has occurred and such error is capable of being corrected, a request for a rehearing by the CLB must be filed with county staff. The CLB must issue its Final Order on Rehe~ing before any request for any type of appellat~ review can be fil~l with any court. 5.1.2. If the Contractors' Licensing Board determines it will grant a rehearing, it shall: a. Conduct a hearing where the parties will be given the opportunity of 43 arc deleted; words ~ll~li:~lR~i are ad&xt. I presenting evidence and/or argument which may be limited by the Board to the specific issues for 2 which the rehearing was granted. 3 b. Affirm, modify, or reverse its prior decision, with or without receiving 4 further evidence, providing that the change(s) is/are based on a finding that the prior decision of 5 the Board resulted from fundamental error or a ruling on a question of law or of fact which the 6 Board has been informed by its counsel was fundamental error or an erroneous ruling and that ? further Board action is required to correct such error(s). · 8 ~.2. Appellate-type Review. 9 5.2.1. Each disciplinary action of the CLB is quasi-judicial. Each person or entity found 10 to be in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to 11 the Collier County Circuit Court as authorized by subsection 489,127(5)(k), Florida Statutes, in 12 conformity with Florida Rules of Appellate Procedure, and subject to mandatory prerequisite 13 reheating under section 5.1, above, if the error is correctable. Such an appeal shall not be a 14 heating de novo but shall be limited to appellate review of the record created before the CLB in 15 accord with Florida Rules of Appellate Procedure. Any appeal shall be filed with the Circuit 16 Court and be served on the parties within thirty (30) days of the rendition of the effective Final 17 Order of the Board. If there has been a re-hearing request, the appeal shall be filed with the IS Circuit Court and be served on the parties within thirty (30) days of the rendition of the Board's 19 decision on re-hearing. 20 $.2.2. In the event the person or entity found to be in violation of this Ordinance should 21 elect to appeal, a verbatim record and transcript relevant to the case shall be as required by 22 Florida Rules of Appellate Procedure. It shall be the sole responsibility of the t4,,e person or 23 entity seeking such review to ensure that a record is made from which a transcript may be 24 prepared which includes the testimony upon which an appeal may be taken. Neither Collier 2S County nor the CLB shall have any responsibility to provide a verbatim record transcript of the 26 proceedings. 27 $.2.3. Subpoenas. Any party or the attorney for a party to a proceeding before the CLB 25 may acquire from staff free subpoenas for witnesses and/or for production of tangible evidence, 29 but not for any deposition. Rule ,1.410 of Florida Rules of Civil Procedure apply thereto. As 30 used in Rule 1.410, "Court" shall mean "the CLB" and "Clerk" shall mean "county staff." Each 31 subpoena must be issued by the party or by an attorney for that party. 32 33, 34 35 36 SECTION TWO: CONFLICT AND SEVERAB[LITY. In the event this Ordinance conflicts with any ordinance of an applicable Municipal Corporation or of Collier County, or with any superseding statutory provision, the more restrictive shall apply, ff any phrase or portion of this Ordinance is held invalid or Words g~;;k :.~..-~;;gL are deleted; words underlined me a~lefl. AGENDA ITF.,,~ NO. 17 b~ NAY 1 6 2002 1 2 10 11 12 14 15 18 17 :20 21 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or relettered to accomplish same, including the word "ordinance" may be changed to "section", "subsection", "article", or other appropriate word. 24 25 26 27 28 29 30 31 32 33 34 35 38 39 41 42 43 SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COl J.mR COUNTY, FLORIDA By: By: Deputy Clerk JAMES N. COl,ET'FA, Chairman Approved as to form and legal sufficiency: Assistant County Attorney HtRNTJOnt~CLlt 20~2 45 Words ~ are deleted; ~ under~i~ am ~dded. AGENDA fiE& NO. 1 2002 Pg. _'~'~ EXECUTIVE SUMMARY, AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO CORRECT SCRIVENER'S ERRORS DUE TO OMISSION OF AN INTENDED REVISION TO SECTION 2.6.21.2.2.; AND AN EXHIBIT DEPICTING TYPICAL SETBACK REQUIREMENTS FOR DOCK FACILITIES OBJECTIVE: The petitioner requests an amendment to Ordinance 91-102 to correct scrivener's errors due to omission of an intended revision to Section 2.6.21.2.2. and an exhibit depicting typical setback requirements for dock facilities. CONSIDERATIONS: Language in Section 2.6.21.2.2. and Exhibit A were inadvertently omitted from Ordinance 02-03, amending the LDC. This amendment would correct that omission. FISCAL IMPACT..'. Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Not applicable, ENVIRONMENTAL ISSUES; Not applicable. HiSTORiCAL/ARCHAEOLOGICAL IMPACT: Not applicable. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of this amendment. EAC RECOMMENDATION: Not applicable. PLANNING COMMISSION RECOMMENDATION:, The Collier County Planning Commission does not review Scrivener's Errors. Ao, r=NoA ~ - t AY 1 2002 PREPARED BY: CURREI~ PLANNING SECTION REVIEWED BY: ~y ~~ R PLANNING SERVICES DEPARTMENT DATE APPROVED BY · ;ERVICES DIVISION executive summary/scrivener's error, LDC Sec, 2.6.21.2.2. & Exhibit A MAY 1~ 2002 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-! 02, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO CORRECT SCRIVENER'S ERRORS DUE TO OMMISSION OF AN INTENDED REVISION TO SECTION 2.6.21.2.2.; AND AN EXHIBIT DEPLCTING TYPICAL SETBACK REQUIREMENTS FOR DOCK FACILITIES; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, tha Collier Co~mty Bo~d of County Commissionem adopted Ordinance No. 02-03, ~m~-nt~ to the Land Development Code, on J~O' 9, 2002, ~nd; WHEREAS, foilowi~ md ~-tiam ~mff determined ttmt the Ordi~mnce transmitted to the Dep~anent of State did not con-in ~ ~vi~ion, and exhFoit ("Exhibit A"), that were otherwise inl~nded and made a part of the public hearing before the Board of County Commission~% and fl~erefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAI]~ED by the Board of County Comm~ioner~ of Collier County, Florida that: SECTION ONE: SCRIVENER'S ERROR AMENDMENTS Section 2.6.21.2.2 of Ordinance Number 02-03, is hereby amended to correct a scrivener's error by arnendmg said Section to read ~s follows: A. 2.6.21.2.2. l:~r lo~s O1~ s e-~nM 01' waterway that is less tha~ 100 feet in width, dock facilities may occupy ,o more than 25 oercent of the width of thc waterway or Drotrude ~e~ter th,n 20 feet mtn the w~terws¥, whichever is ]eSSCL with the foUowin~ exceotion: on ~rr~d¢ ~1~ 60 feet or less in width, which arc not I~inforced by a vertical ,eaw~il o~ bulkhead, dock facilities may nrotrud¢ u~ to ~ percent of th~ width of the w~terwav, ~rovided tha~ th~ orocedures outlined in Section 2.6.21.1.1. are observed. A dock extensio~ in accordance with ,ubsection 2.6.21.3. of this code may be zranted to allow a orotru~ion of mor~ protrusion into more than 25 oercent of thc waterway width. B. Furthermore, "Exhibit A', ~tacbed, showin~ typical scthacks for dock facilities, shall be imened imm~tely followin~ Section 2.6.21.4.6. SECTION TWO: EFFECTIV~ DATE This Ordinance shall be, come effective upon filing with the DeparUnent of State. PASSED AND DULY ADOPTED by fl~e Board of County Commissione~ of Collier County, Florida, day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS .:.:.[:.:':'::: ,,,. i,'7 .':':'::': HAY 14 2002 Approved as to Form ~nd Legal Sufficiency: Mmbri~. Student ' Assistant County Attorney 0Ro~ Gochen~ur/Ordin~nce 02-03 Lot ! Lo~ 2 · Lot 3 O' 60' Typical or More ia' Than Lot 4 100' Waterway Lot 8 Lot 7 /.at 6 Let 5 Typical Setback Exhibit A Requirements for Dock Facilities R.L.-Riporian Line NAY 1~ 2002 EXECUTIVE SUMMARY FOR THE BOARD TO APPROVE A MILLAGE INCREASE FROM 1 TO 3 MILS FOR TI-IE FOREST LAKES ROADWAY & DRAINAGE MUNICIPAL SERVICES TAXING UNIT (MSTU). OBJECTIVE: To request Board approval to increase the current millage rate of the Forest Lakes Roadway & Drainage MSTU from 1 to 3 mils. CONSIDERATIONS: At the February 12, 2002, Board of County Commissioners meeting, the Board approved an Executive Summary (16B2) for County staff to take the necessary steps to adjust the current millage rate in order to increase revenue to pay for proposed roadway and drainage improvements and maintenance within the district. The request for the increase in millage came from the Forest Lakes Roadway & Drainage MSTU Advisory Committee. C'~"I'he proposed millage increase to the MSTU Ordinance # 91-107 was submitted to the County Attorney's office for review and to have the ordinance revised. The ordinance has also been advertised for public hearing. FISCAL IMPACT: The increase in millage cap will be from 1 mil to 3 mils. At FY 02 assessed values, an increase to 3 mils would be an additional $206,113 in Revenue generated for the Forest Lakes Roadway & Drainage MSTU Fund 155. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the revised MSTU Ordinance # 91-107, increasing the millage rate from 1 mil to 3 mils for the Forest Lakes Roadway & Drainage SUBMITTED BY: DATE: ,, Bc~ob?~.,.eter~.~,,,~j~t Manager, kan_dscape Operations REVIEWED BY: /'/~~~. , DATE: ~-//q/0'b REVIEWED BY: -~4~"~. ~~Ir~/ DATE:~ Edwa/..dJ~ Kant, PE, Trar~o~]~h Operations_ Director APPROVED BY: (/~.2~/~~~-- .,__ ~-,,z DATE: NorthlY. Fedex', ~ICP, Transportahon Administrator ' HAY 1 ~ zOO2 ORDINANCE NO. 2002- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91-107, AS AMENDED, WHICH CREATED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION ONE TO INCREASE THE MILLAGE RATE FROM 1 TO 3 MILS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December I0, 1991, the Board of County Commissioners adopted Ordinance No. 91-107, the ordinance that created the Forest Lakes Roadway and Drainage Municipal Service Taxing District; providing for its boundaries, purpose and taxing authority; providing for its governing board and defining its powers and duties; providing for an advisory committee and defining its duties and responsibilities; providing for an itemized budget; providing for collection of taxes; providing for construction and severability; and providing for an effective date; and WHEREAS, the Board of County Commissioners, upon recommendation by the advisory committee, desires to increase the milIage rate from I mil to 3 mils. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIFR COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 91-107, AS AMENDED. Section One is amended to read as follo~ s: SECTION ONE: Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Created: Boundaries, Purpose, Taxing Authority. I. There is hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereinafter referred to as the "Unit") with boundaries described as follows, to wit: A tract of land in Section 14, Township 49 South, Range 25 East, Collier County, Florida, describ6d as follows: Commencing at the Northwest comer of said Section 14, run S 00° 19' 00' W along the West line of said Section 14 for 50.00 feet to the POINT OF BEGINNING, said point being on the Southerly Right-of-way line of State Road S-896 (Pine Ridge Road) and being the Northwestern most corner of the Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier County, Florida; thence run East, along said Right-of-way line for 1275.27 feet to a point on the Western Right-of-way Words Underlined are added; Words £:r.:cl; Thrc'.'.?~ are deleted. AGI~I~DAdTEM .o,_ MAY ! 2002 of Forest Lakes Boulevard; thence continuing along said Right-of-way of SR S-896, East for 1,372.88 feet to the North ~/i comer of Section 14; thence continuing along said Right-of-way N 89° 59' 40" E for 1,323.81 feet to a point on the East line of the Northwest tA of the Northeast ~A of said Section 14 and being the eastern Right-of-way of Woodshire Lane; thence leaving SR S-896 and run along the Eastern Right-of-way of Woodshire Lane and the East line of the Northwest 'A of the Northeast :A of said Section 14, S 00° 04' 18" E for 749.54 feet to a point of curvature of said road; thence leaving said road and continuing along said line, S 00° 04' 18" E for 512.50 feet to the Southeast comer of the Northwest tA of the Northeast ~A of said Section 14; thence along the South line of the Northwest ~,i of the Northeast ~A S 89° 48' 47" W for 512.50 feet to a point on the Southern Right-of-way of Woodshire Lane; thence continuing along said line S 89° 48' 47" W for 811.38 feet to the North-South ~/2 line of said Section 14; thence along the Eastern Right-of-way of Wocxtshire Lane and the North-South ~/~ line S 00° 1' 23" E for 2,508.87 feet to a point; thence leaving said line S 89° 39' 24" W for 21.59 feet to a point, said point being the Southeasterly most comer of Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier County, Florida; thence S 89: 39' 24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the arc of a curve, concave to the Southeast, having a radius of 667.29 feet and subtended by a chord having a length of 220.51 feet and bem~ng S 800 08' 46.5" W to a point of tangency; thence S 70° 38' 09" W for 78.45 feet to a point of curvature; thence 990.66 feet along the arc of a curve, concave to the Northeast, having a radius of 1,250.00 feet and subtended by a chord having a length of 964.94 feet and bearing N 86° 39' 35.5" W to a point of reverse curvature; thence 829.00 feet along the arc of a curve, concave to the South, having a radius of 900.00 feet and subtended by a chord having a length of 800.00 feet and bearing S 89° 39' 24" W; thence S 89© 38' 30" W for 64.95 feet to a point on the West line of Section 14, said point being the Southwestern most comer of Forest Lakes Homes subdivision; thence N 02° 15' 35" W along said West line for 1,195.80 feet to the West tA comer of Section 14; thence continuing along said West line N 00° 19' 00" E for 2,595.97 feet to the POLNT OF BEGLN.~G. 2. The Unit hereby created and established is for the purpose of providing and maintaining improved roadway lighting, roadway-related drainage and roadway restoration within the area of the Unit and to that end shall possess all the powers to do all things reasonably necessary in connection therewith. The initial improvements hereunder shall be within that area depicted on Exhibit "A" attached hereto and shall include: A. Complete restoration of roadway, including: 1. Existing road bed mixed in place. Prime and cover. 3. 2" of aspl4alt pavement surface course. 4. Installation of necessary drainage pipe. B. Providing pump and force main for drawdown of lake surface and off-site discharge to enable improved roadway drainage. Words Underlined are added; Words £'--,::l: T~re',:g~ are deleted. NO....... ~"~ ~ MAY 1 2002 PO. ¥~ C. Maintenance of such improvements, as required. Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed Ch: (i) three ~3) mils in any one fiscal year. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED ANT) DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of 2002. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h H FA'~Ofd~A mend ~'orc~tLak ~M b~i'~191-107 BOARD OF COUNTY COMMISSIONERS OF COLI-~R COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN 3 Words Underlined are added; Words ........... ug,, are deleted. MAY ! 2002 FOREST LAKES ROADWAY AND DRAINAGE M.S.T.U. ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 IH. IV. MINUTES OF MARCH 15~ 2002 Bob Jones called the meeting to order at 10:10AM. ATTENDANCE: A. Members: Roger Sommerville, Tom Watts, William Seabury, (arrived 11:21) and Bob Jones, Bob Cunningham (excused), B. Collier County: Bob Petersen C. Others: Sue Chapin, Manpower Services & several residents APPROVAL OF MINUTES: Moved by Roger Sommerville to approve minutes of February 22, 2002 as presented, seconded Tom Watts, Carried. TRANSPORTATION SERVICES REPORT: A. Budget: Bob Petersen went over Budget & mentioned little changes to date. There is approx. $100,000 to spend as of this date. No revenues will be added to this budget. The next fiscal years budget will be prepared based on a 3 Mil Rate. Be Cost Estimate of Preparing Roads for Takeover: Bob Petersen mentioned with some changes in the makeup of the Transportation office, and the City doing a study on the water pipes for the area, things have slowed down a bit. Bob Jones had a copy of Ed Kants letter that he shared with the Committee. (Attached) Bob Petersen mentioned that an engineering firm may have to be hired, and bids taken, if the Committee wants to proceed sooner. Bob Jones and Roger Sommerville said they have been working on getting the roads accepted for 9 years, and very disappointed that things have not happened sooner, as indicated by the County's own schedule. Bob Petersen also mentioned that the road is in totally different condition at this time,, and cannot proceed off a 3 or 4 year plan. The letter from Ed Kant said that the road would not be accepted. Discussion followed by Bob Jones mentioning that he feels the County is trying to get out of the responsibility that they once pledged to the MSTU Committee, when the MSTU was created and mandated in 1991. The county had once said they would frx the flooding situation but mandate the approval of flood and drainage control throughout the Forest Lakes MSTU area. They voted on it & stated the Committee could do this in the Forest Lakes MSTU. Copies of pertinent correspondence over some years were given to Julio Ordanez. Bob Jones is wondering why the County is changing their minds now & continues to slow the progress of the solution reached with BCC b~ dl,g. AO~:ql.~ I M MAY ! 2002 1 pg. ~-~ Vo Bob Petersen stated that according to Ed Kants letter, the roads do not serve the benefit of the general public, so therefore these roads cannot be added to the County's roadway inventory. Bob Jones will call Mr. Kant for a meeting on the subject. Ce Information on Sprint Plans at Entrance: Bob Petersen has not gotten further response information from Sprint after several attempts & will call them again. The old boxes have not yet been removed at this time and input is crucial before plans are approved. This is a safety issue. Discussion followed on the replacement of the landscaping. When a plan is submitted Para Lulich or Bob Petersen will review it. Time is of the essence. OLD BUSINESS: A. Traffic calming: Insurance is the issue at this time & Bob Petersen will continue to pursue how the Committee can get the necessary coverage to cover the 14 communities & Quail Run. Bob Jones summarized the subject informing everyone that the squad car would be here on a staggered 2-hour shift but needs to be covered by insurance first. Bob Jones moved that this service should be offered to the communities and Quail Run subject to the availability of insurance coverage required for the Sheriffs Dept. Seconded Tom Watts, Carried. Bob Petersen to check changes, if necessary, in MSTU docs. B. Replacement of Pipes (Phase 2): Item g4 - The first bids were received for the installation of new storm & water inlets & drain pipes at the comer of Forest Lakes Blvd. & Woodshire. They ranged in prices from $18,000 to 23,000. The Contractor it will be awarded to is Mitchell & Stark Construction Co. The request for bids was sent out to 4 different contractors. (Attached) Discussion followed on the different bids & on particular items. Bob Petersen will check prices & a contract will be finalized in April & finished before the rainy season. C. Increase of Millage Rate: The procedure of approving a 3 Mil rate was discussed. Bob Petcrsen mentioned the Board of County Commissioners has already approved whether that the committee goes to a 2 or 3-mil rate. When the Committee decides what they want he will prepare an Executive Summary, it will go to the County Attorneys office for review and the Ordinance will be changed. Discussion followed on dates for the County to submit it in their budget and the MSTU to take it to the communities for approval. ~~fp~usoTIt~' 1'~0il o~the meeting. (This would be the time for the p~ to~:~ Oldnlen ~'aPProval) Seconded~ ~ Carried. AO :~ t'ln:u MAY 1 2002 2 PO. ~ Tom Watts moved to award the drainage Contract to Mitchel & Stark Construction Co., Inc. for Item g4 of Phase II Storm Water Control. Seconded Bob Jones, Carried. Work will be done before rainy season & Bob Petersen will get a clarification on some price issue. Bob Petersen informed the Committee that an accident happened near the entrance & exit circle, where a car crossed over Quail Run Blvd. before running into the rocks on Quail Run property. He suggested the Committee get a copy of the Sheriffs report for future reference. John Woodruff, who attended the meeting, representing Quail Run, confirmed the accident. Bob Petersen also mentioned he received a call from a resident (not identified) that was seeking information on the roads and also suggested putting a sidewalk along Woodshire Lane. If enough interest from residents, it may be something to look at in the future. Discussion continued on the sidewalk subject from the audience and the Committee regarding the MPO Pathway plans for sidewalk on Pine Ridge. Bob Jones read a letter to Mr. Norman Feeder Administrator Collier County Transportation Div. from Theodore Litwin Vice Chairman, Pathway Advisory Committee. The subject matter is putting a sidewalk on the south side of Pine Ridge from Forest Lakes Blvd. to Woodshire Lane. (Attached) Vii NEW BUSINESS: A. MPO Pathway Meeting Dates: Doesn't have to be pursued, as a letter will be sent when it is necessary for attendance at any future meeting of MPO Pathway Committee & the interested parties will be notified. Be Forest Lakes Roadway & Drainage MSTU Board Terms: Anyone can contact Bob Petersen if they are interested, a form will be filled out from Sue Filson's office, sent to Bob Petersen and then recommended to the Committee. C. Discussion followed on cleaning out the bottom of the drainage ditch again along Woodshire Lane. Bob Petersen asked if Roger Somerville would meet him & the Contractor at the site next week to see what could be done to remedy the water flow problem to the canal near the intersection of Woodshire-Lane with Forest lakes Blvd. PUBLIC COMMENTS: There were public comments on the Mil Rate with Bob Petersen explaining that the rate is based on each $1,000 of assessed valuation of property tax being assessed at $1.00. Bob Jones mentioned that they will be meeting with each Board to explain the Millage Rate to the resident and the specific projects the monies will go for. More discussion followed on misc. items. VIII. ADJOURNMENT: Being no further business Roger Sommerville moved to adjourn, Tom Watts Seconded, Carried. Meeting was adjourned at 11:37 AM. The next meeting is scheduled for 10:00 AM, APRIL 5, 2002 ~IT THE FOREST LAKES CLUBHOUSE 4 MAY 1 ~1 2OO2 Pg. ~ _