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Agenda 05/28/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 28, 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 28, 2002 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Associate Pastor Roy Fisher, First Baptist Church of Naples 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Part. Disclosure provided by Commission members for summary agenda.) B. March 30, 2002 - Emergency Meeting C. April 23, 2002 - Regular Meeting D. April 24, 2002 - Workshop E. April 30, 2002 - CRA Meeting F. May 3, 2002 - Workshop G. May 13, 2002 - Workshop PROCLAMATIONS A. Proclamation recognizing Ted Tawney for his Heroic efforts on January 25, 2002. To be accepted by Ted Tawney. Proclamation recognizing the Collier County Wastewater Operations Challenge Teem. To be accepted by Jon Pratt, Coach of the Operator's Challenge Team and the entire team. Proclamation recognizing Commissioner James D. Carter and Mr. Clarence Tears, Jr., for their efforts and hard work on the Water Symposium. To be accepted by Commissioner James D. Carter and Mr. Clarence Tears. Proclamation proclaiming June 3-7, 2002 as Code Enforcement Investigators Appreciation Week. To be accepted by Ms. Michelle Arnold, Director, Code Enforcement. 2 May 28, 2002 SERVICE AWARDS Five-Year Attendees: 1) Jo-Anne Varcoe-Leamer, Administrative Services 2) Emma Gifford, Road and Bridge 3) Jeffrey Letourneau, Code Enforcement Ten-Year Attendees: 4) Glen Miles, Facilities Management 5) Jacqueline Loy, Emergency Medical Services 6) Paul Baumgardner, Emergency Medical Services Fifteen-Year Attendees: 7) Steve Ritter, Transportation Engineering Thirty-Year Attendees: 8) Cecilia Martin, Planning Services PRESENTATIONS A. Recommendation to recognize Julie Allen, Program Recreation as Employee of the Month for May 2002. Leader, Parks and 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics B. Public Petition request by Wilma Britton to discuss Encroachment Problems in Henderson Creek. 3 May 28, 2002 Permits and C. Public Petition request by Bob Krasowski to discuss Solid Waste system design Issues. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS A. Recommendation to the Board of County Commissioners to approve an Ordinance establishing a Mandatory Non-Residential Recycling Program within the Unincorporated Areas of Collier County. B. Conduct a Public Hearing for the purpose of receiving input from subscribers regarding the performance of Comcast Cablevision. Ow Ea Petition RZ-01-AR-1143, James G. O'Gara, representing Golden Gate Capital, Ltd., requesting a rezone from "RSF-3" Residential Single Family to the "RSF- 5" Residential Single Family Zoning District to allow for a maximum of 16 single-family dwelling units for property located at the Northeast corner of 50th Terrace SW and 22~d Avenue SW in Section 21, Township 49 South, Range 26 East, Collier County, Florida. This item has been continued indefinitely. PUDZ-2001-AR-1842, Dwight Nedesu, of RWA, Inc., representing Thomas G. Eckerty, Trustee for 1-75 Exit 15 Land Trust, requesting a rezone from A, RSF-4, RMF-6, RMF-12 and C-4 to "PUD" Planned Unit Development to be known as the East Gateway PUD allowing commercial retail uses on a 20 acre parcel and industrial/office park uses on a 17 acre parcel, for property located in the southwest quadrant of the 1-75, Exit 15 Interchange, with frontage on Davis Boulevard (SR 84), in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of 37.39+ acres. An Ordinance creating the Pelican Bay Municipal Service Taxing and Benefit Unit; setting forth the boundaries of the unit; designating the governing body of the unit; providing for purpose and powers; providing for annual estimates of expenses, taxation and assessment rate; providing for tax and assessment Imposition and collection; providing for the creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee; providing for composition, nomination and appointment; providing for terms of office; providing for removal from office, failure to attend meetings; providing for officers, quorum, rules of procedure; providing for reimbursement of expenses; providing for functions, powers and duties of the committee; providing for the duties of the County Manager; providing for a review process; providing for opportunity to comment prior to initial implementation of use of taxing or assessing authority; providing for supercession, repeal and consolidation of prior ordinances, including repeal of Ordinance No. 90- 111, as amended, the original 1990 Ordinance creating the Pelican Bay 4 May 28, 2002 Municipal Service Taxing and Benefit Unit, Ordinance Nos. 91-22, 98-113, 99- 98, 2000-22, 2000-82, and 2001-19 and providing for aupercession, repeal and consolidation of Ordinance Nos. 78-67, 80-53, 82-122, 85-9, 86-29 and 86-35 relating to street lighting; providing for conflict and severability; providing for construction; providing for inclusion in the Code of Laws and Ordinances; and providing an effective date. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Contractors' Licensing Board. B. Appointment of members to the Forest Lakes Roadway & Drainage Advisory Committee. C. Appointment of member to the Citizens Advisory Task Force. D. Appointment of members to the Collier County Code Enforcement Board. E. Appointment of member to the Parks and Recreation Advisory Board. F. Discussion regarding LDC changes as requested by the Workforce Housing Advisory Committee. (Commissioner Fiala) 10. COUNTY MANAGER'S REPORT Consideration of Fiscal Year 2003 Tourist Development Category "C" (Museums) Grant Application from Marco Island Historical Society in the amount of $25,000; Tourist Development Council recommends denial. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2003 Tourist Development Category "C" (Museums) Grant Application from Naples Botanical Garden in the amount of $500,000; Tourist Development Council recommends approval. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2003 Tourist Development Special Event Grant Application from Parks and Recreation Department for the Fifth Annual 5 May 28, 2002 Country Jam in the amount of $120,000; Tourist Development Council recommends denial. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2003 Tourist Development Special Event Grant Application from Parks and Recreation Department for the Viva Naples-Latin Music and Food Festival in the amount of $75,000; Tourist Development Council recommends denial. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2003 Tourist Development Special Event Grant Application for the City of Naples Fourth of July Celebration in the amount of $50,000; Tourist Development Council recommends approval. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2002 and 2003 Tourist Development Special Event Grant Applications from the Marco Island Film Festival in the amount of $160,000 for each fiscal year; Tourist Development Council recommends approval of $96,000 for Public Relations, Advertising, and Web-Site for Fiscal Year 2002 only. (Joseph K. Schmitt, Administrator, Community Development) This item was continued from the May 14~ 2002 BCC Meetina. Approve Staff, Coastal Advisory Committee end Tourist Development Council recommendations to disapprove a TDC Category "A" Grant Application for the Goodland Canals Dredging Design end Permitting in the amount of $150,000. (Tom Wides, Interim Administrator, Public Utilities) This item was continued from the May 14~ 2002 BCC Meetina. 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. (Tom Wides, Interim Administrator, Public Utilities) A meeting to be held in Executive Session exempt from Section 286.011, Florida Statutes, in accordance with Section 447.605, Florida Statutes, between the Collier County Board of Commissioners end the County negotiating committee relative to collective bargaining, and the Southwest Florida Professional Firefighters and Paramedics, Local 1826, IAFF, Inc. (Jo- Anne Leamer, Administrator, Administrative Services) This item has bccn deleted. Adoption of Resolution of the Board acting as Ex-Officio Board of the Collier County Water and Sewer District authorizing the execution of a loan agreement with the Florida Local Government Finance Commission in an amount not to exceed $70,000,000 pursuant to the terms of the Loan Agreement in order to finance the acquisition and construction of certain 6 May 28, 2002 improvements to the utility system, and authorize the execution of a Letter of Credit Commitment with First Union National Bank. (Tom Wides, Interim Administrator, Public Utilities) L. This item has been deleted. Approve that Collier County will accept appointment as a Court Appointed Receiver over Les Cypress Water and Sewer Cooperative, approve designation of Bleu Wallace as Administrator of the Receivership, authorize funding not to exceed $30,000 for receivership expenses, all to assist the Florida Department of Environmental Protection to effect an Interconnection of the Les Cypress Cooperative's Sewer System with the City of Everglades Sewer System. (Joseph K. Schmitt, Administrator, Community Development) Develop a transition plan to provide for the orderly transition to a new County Manager. (Thomas W. Olliff, County Manager) 11. AIRPORT AUTHORITY 12. COUNTY AI-I'ORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Executive release of Code Enforcement lien established in Collier County v. William H. Tost, II and Betty Tost. 2) Approve a Resolution to extend the term of the Workforce Housing Advisory Committee. 3) Code Enforcement lien resolution approvals. 4) Code Enforcement lien resolution approvals. 5) This item is bein;i continued to the July 30, 2002 BCC Meeting. Proposal to Impose a temporary moratorium on projects in the Whippoorwill Area 7 May 28, 2002 (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. (Joseph K. Schmitt, Administrator, Community Development) B. TRANSPORTATION SERVICES 1) Approve Budget Amendment No. 2 in the amount of $44,629.25 to Woods Hole Group for the Haldeman Creek Basin Restoration (AKA Dredging) Project, Contract No. 01-3216, Project No. 31011. 2) To have the Board of County Commissioners (BCC) approve a Budget Amendment, transferring funds from Capital Improvements General of the Immokalee Beautification Fund 156 in the amount of $150,000.00 to the Immokalee North Triangle Beautification Project #66071. 3) To have the Board of County Commissioners (BCC) approve a Budget Amendment, transferring funds from Capital Improvements General of the Immokalee Beautification Fund 156 in the amount of $87,370.00 to the Immokalee Main Street Beautification (SR 29) Project #66073. 4) Approve a Budget Amendment and Change Order Number 2 for the 13th Street SW Bridge Design-Build Construction Contract No. 01-3223, Project No. 60012, Purchase Order No. 204298, for $15,856.00. 5) Approve Amendment No. 3 in the amount of $535,432.45 to the Contract for Professional Services Agreement by Agnoli, Barber and Brundage Inc., for the design of Livingston Road from Golden Gate Parkway to Pine Ridge Road, County Project No. 60071, and for the design of Livingston Road from Pine Ridge Road to Immokslee Road, County Project No. 62071. 6) Accept a Warranty Deed for Road Right-of-Way in accordance with the Terrafina PUD Development Commitment and Quitclaim to the owners any interest the County may have in a 60 foot strip of land along the South Boundary of the West half of the Terraflna PUD. 7) Approval of two (2) road impact fee refund requests totaling $144,090.00. Resolution to establish a "No Parking" zone along Crescent Lake Drive ss platted in Crescent Lake Subdivision, Plat Book 13, Page 65-67 from its intersection with Airport road to its intersection with Campbell Circle. Approximately eight signs will be needed st a cost of $100 each for a total of $800. 8 May 28, 2002 C. PUBLIC UTILITIES 1) Approve the purchase of Sole Source Cartridge Filters from George S. Edwards Co., Inc., in the amount of $51,488.50. This is a reliability upgrade (spare parts) at the North Water Plant. 2) Award RFP 02-3339 for construction and demolition waste artificial reef recycling to committee's shortllst selection of firms, McCulley Marine Services Inc., for an estimated annual amount of $250,000. 3) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $16.50 to record lien. 4) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $18.00 to record the liens. 5) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $18.00 to record the liens. 6) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $30.00 to record the liens. 7) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $46.50 to record the liens. 8) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $52.50 to record the liens. 9) Approve the Satisfaction of Lien documents filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal Impact is $72.00 to record the liens. 9 May 28, 2002 10) 11) 12) 13) 14) 15) Award a Contract to Douglas N. Higgins, Inc., for Port-Au-Prince Utility Replacement, Project 70060 and 70074, Bid 02-3367, in the amount of $985,620. Authorize County Manager to negotiate and execute the First Memorandum of Understanding pursuant to the Landfill Operations Agreement. Authorize and approve early payoff amount of $113,541.31 of the Goodland Water District $468,500 Water Revenue Bond, Series B. Board approval to Award Bid N)2-3375 to Thermo Elemental in the amount of $124,776, for the purchase of a Quadrupole Inductively Coupled Plasma Mass Spectrometer (ICP-MS). Convey a Utility Easement from Collier County, a political subdivision of the State of Florida, to the Board of County Commissioners of Collier County, Florida, as ex-officio the governing board of the Collier County Water-Sewer District for construction and maintenance of Utility Facilities at a cost not to exceed $100.00, PUED Project 70054. Approve feasibility assessment and preliminary presentation of landfill gas to energy project. D. PUBLIC SERVICES 1) Adopt a Resolution and approve a Real Estate Exchange and Purchase Agreement between the Board of County Commissioners and the District School Board of Collier County that will net $92,067 in Revenue. 2) Approve Budget Amendment recognizing $2,000 revenue from a donation for s memorial bench at Vanderbilt Beach Access. 3) Approve the renewal of Contract ~J7-2646 Tigertail Beach Food and Beverage Concession with Cool Concessions, Inc. 4) That the Board of County Commissioners approve award of Bid #02-3335 in the amount of $98,500 for clean up and monitoring at Caxambas Park to Envirotac Ltd. 5) Approve a Limited Use License Agreement in the amount of $25,000 between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving the use of specified county-owned property for conducting a July 4th Fireworks Festival. 6) Authorization to enter into a Grant Agreement in the.amount of $20,000 between the University Extension Office/Collier Board of County Commissioners and the Empowerment Alliance of Southwest Florida for the' purpose of providing Homeowner Educational Programming in Immokalee. 10 May 28, 2002 7) 8) 9) Approve a Work Order for Aaron Lutz Neighborhood Park for Labor and Material for installation of existing shelters, Installing new concrete sidewalks, installing new bahia sod and tennis courts reconditioning in the amount of $67,375.00 for Professional Building Systems Inc. Award of Bid #02-3384 to G.A. Foods in the amount of $200,000.00 to prepare the food for the Summer Food Service Grant Program while summer school is not in session. Recommendation that the Board of County Commissioners authorize funds not to exceed $10,000 to appraise property to be potentially utilized for Stormwater/Park purposes off of Bayshore Drive within the Bayshore/Gateway Triangle Redevelopment Area. E. ADMINISTRATIVE SERVICES 1) Authorize the purchase of 26 Panasonic Toughbook Wireless Laptop Computers from Comark Government and Education Sales Company utilizing the U.S. Communities Government Purchasing Alliance Master Agreement in the amount of $119,288. 2) Award RFP 02-3342 Analytical Laboratory Services for Collier County to US Biosystems and Severn Trent Services for an estimated annual amount of $80,000. 3) Approve a Budget Amendment totaling $179,700 for the Emergency Replacement of a 250-ton chiller at the County Jail. 4) Approval of a Budget Amendment for emergency repairs and unanticipated building maintenance expenditures totaling $287,000. 5) Approval of a Budget Amendment to Fund 516, Property and Casualty Insurance to fund claims, reinsurance and professional services for the remainder of FY02. 6) Approval to secure a Lease Agreement in the annual amount of $301,469 with Abbas Ahrabi Asli for office space to be utilized by the Property Appraiser and approve a Budget Amendment in the amount of $1,367,400 for leasehold Improvements. 7) Approval of an award of RFP #02-3353 to MGT of America for the revision of Human Resources Practices and Procedures. 8) Approve changes to the County Purchasing Policy to enhance contract administration and management. 9) Approval to secure a Lease Agreement with Gerald T. and Catherine L. Berry for office space located at Court Plaza III at an annual cost of $44,804. 11 May 28, 2002 lO) 11) 12) Award Annual Contract for underground utility construction services pursuant to RFP #02-3345, in the estimated amount of $6,000,000. Award Annual Contract for Telemetry Services pursuant to RFP ~02-3359, in the estimated amount of $700,000. Award contract for architectural services for programming and design of the Grey Oaks Public Safety Facility, RFP #02-3326, in the amount of $74,188.33. EMERGENCY SERVICES COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #02-335 (1981 Water Management ClP (Fund 325) Stormwater Management). 2) Presentation of the Environmental Advisory Council's Annual Report. AIRPORT AUTHORITY 1) Immokalee Regional Airport Immokalee Regional Raceway. Extension of Temporary Use Permit for BOARD OF COUNTY COMMISSIONERS 1) Commissioners' request for approval for reimbursement of payment to attend the Water Symposium Celebration Awards Banquet. J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Recommendations to approve a Resolution between the Board of County Commissioners and Sprint Telephone Company of Florida to partially fund the cost of maintaining the enhanced 911 Emergency Telephone System. 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. L. COUNTY ATFORNEY 12 May 28, 2002 1) Approve the Agreed Order awarding expert fees as to Parcel 101B in the Lawsuit entitled Collier County v. Jose L. Rey, et al, Case No. 99-3683-CA (Golden Gate Boulevard, Project No. 63041). 2) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to re-issue an existing issue of multi-family housing revenue bonds to be used to finance the River Reach Apartments project. 3) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 361 in the Lawsuit entitled Collier County v. Tony Guarino, III, et al, (Golden Gate Boulevard Project, Project No. 63041). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Petition SNR-2002 AR-2138, Robert B. Lemeur, representing Brian Seligman, requesting a street name change from Put-In-Bay Court to Tropical Bay Court, located in Waterways of Naples, Unit 7, in Section 14, Township 48 South, Range 27 East. Petition RZ-01-AR-1353, Mr. Terrance Kepple of Kepple Engineering, Inc., requesting a rezone from "A" Rural Agricultural to "C-5" Heavy Commercial District allowing commercial and retail uses for property located on the East Side of Collier Boulevard (CR 951), and approximately one-quarter mile North of Rattlesnake-Hammock Road (CR 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.71 acres more or less. PeUtion AVPLAT2002-AR1969 to disclaim, renounce, and vacate the county's and the public's interest in the drainage and maintenance access easement located on all of Tract V, according to the plat of "Sweetwater Bay II - Unit 1", ss recorded in Plat Book 26, Pages 96 through 98, Public Records of Collier County, Florida, located in Sections 9 and 10, Township 48 South, Range 25 East. Da Petition AVPLAT2001-AR1587 to disclaim, renounce and vacate the county's and the public's interest in the 10 foot wide lake maintenance easement and the 10 foot wide utility easement located along the rear of Lots 12 and 13, according to the plat of "Terranova of Pelican Marsh Unit One" as recorded in 13 May 28, 2002 Plat Book 34, Pages 61 through 62, Public Records of Collier County, Florida, located in Section 35, Township 48 South, Range 25 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADF TO THE COUN'FY MANAGER'S OFFICE AT 774-8383. 14 May 28, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING · . to 3ne 11 2 2 B Meetin__: Proclamation recognizing Te~awe-n-~e~r hi-As heroic efforts on 3anuary 25, 2002. (Staff's Request.) Move Item 16(B}5 tO 10(O~: Approve Amendment No. 3 in the amount of $535,432.45 to the Contract for Professional Services Agreement by Agnoli, Barber and Brundage, Inc., for the design of Livingston Road from Golden Gate Parkway to Pine Ridge Road, County Project No. 60071, and for the design of Livingston Road from Pine Ridge Road to Immokalee Road, County Project No. 62071. (Commissioner Coyle request.) Delete Item 16(C~2: Award RFP 02-3339 for construction and demolition waste artificial reef recycling to committee's shortlist selection of firms, McCulley Marine Services Inc., for an estimated annual amount of $250,000. (Staff's Request.) MOve Item 16(C~15 to 10¢P}; Approve feasibility assessment and preliminary presentation of landfill gas to energy project. (Commissioner Coyle request.) Move Item 16(E}8 to 10(O}; Approve changes to the County Purchasing Policy to enhance contract aaministration and management. (Commissioner Coyle request.) Hove Item 16(E~10 tO 10(R~. Award annual contract for underground utility construction services pursuant to RFP #02-3345 in the estimated amount of $6,000,000. (Commissioner Coyle request.) Move Item 16(E~11 tO 10(S}: Award annual contract for Telemetry Services pursuant to RFP #02-3359, in the estimated amount of $700,000. (Commissioner Coyle request.) Delete Item 16(H}1: Immokalee Regional Airport Extension of Temporary Use Permit for Immokalee Regional Raceway. (Staff's Request.) **Note: The approval of the April 30, 2002 Community Redevelopment Agency Minutes will be approved as the Board of County Commissioners acting as the Community Redevelopment Agency. **Note: Item 10(I) has a time certain for 12:00 noon. Whereas, PI~OC"tA/AA on the morning o£ January 2§, 2002 a catastrophic crash involving 27 vehicles over a l~ mile area occurred on a £ng shrouded portion o£ Alligator Al/e),; and, on that same morning /Ar. Ted Tawne),, a Collier Area Transit Driver began his route from Lorenzo Walker £nsd~ute o£ Technolngy to Immokalee via Alligator Al/e),; and. /Ar. Tawney suddenly encountering the tra££ic disaster that had a/read)' claimed three lives, evacuated his passenger to sa£ely weft thought only £or others used his on-coming tra££ic o£ also checked the and assisted Whereas, a Baltimore !~reduce the NOW of CounW /Ar. Ted and DONE AND A TTE$ T~ BOAgD O? COUNTY COIAII~$$IONEg$ CNAZ~4AN BROCK, CLERK PROCLAMA T£ON WHEREAS, the Coil~er County Wastewater Operations Challenge team competed the Florida Water Resources Conference in Orlando, Florida on ~arch 2~, ~; and, WHEREAS, the team comp~ted with teams from across the State o£ Florida and f/n/shed in second place by a very slim margin; and, the two top teams from the F/or/da competition are /nv/ted to attend the Nat/anal Comp~t/t/on to be hem/n Chicago, I#/na/s /n September at the Water Environment Federation Not/oma/Conference; and, WHEREAS, the Collier County team will compete with over 40 teams from across North America; and, this is the third year. that the Collier County team has competed/n this competition and the second year that they have been invited to part/c/pate on a WHEREAS, last and it is in Atlanta, Georgia this year; and, WHEREAS, WHEREAS, of wastewater competed in collections, and, members for WHEREAS, the Fi tts. NOW THEREFORE, that the recognized for Combs, Dave Commissioners in this event be day of A~ay, ~00~. DONE AND ORDERED TH. TS 2~~' Day of May, 2002 A T'rEs T: HAY 2 8 2002 PROCLA~dA TION WWERE~5, the ~oili~r ~ty Wat~" Sym~sium A~OZ .as created to farm a comlx~t~siv~ ~stor~i~j of tt~ cempl~ aid vitally important water resources; anU, WHEREAS, and all facets of sfakdmld~ to Ix~ofe an unde~sta~di~ of t~e water/ssun faci~ ttm County today and/~ this $/~/~d uftde/'$tolldi~J will ?~1~ ~l~/m] to l~tion and I~r~clfon of ~olli~ Florida's w~ter supp/y; and, IfHEREAS, Clot~ce Tear~, r~cogizi~ tl~ im~to~e aW cdt/cai ~ed f~ ~ ~lfa~-~ dl '~e'~~ C~er~; a~, WH~EAS, Cln~: T~ he hd~d to ~ .a; ~i~d ~i$i~- -; .... -~ ::/,_,/X ,- · ':-';. ', CO~ER C~, FLO~DA ATTEST: JTA4 COLETTA, CH,,LTR4~N MAY 2 8 2002 PR-OCLA~A TXON WHEREAS, the Collier County Water Symposium ~00~ was created to form o comprehensive understanding of the complex and vitally important water resources; and, the symposium brought together scientists, engineers, dec/s/on makers, and ail facets of stakeho/ders to promote an understanding of the water/sines facing the County today and in the £uture; and, WHGREA$, th/s shared understanding will help further co-operation in maPters relating to preservation and protect/on of Collier County and F/or/da'~ water supply; and, Commissioner O'ames b. Car~er, recognizin9 the importance and critical need for education and awareness throughout the community, ongan/ze and promote this symposium of afl the citizens of Collier WHEREAS, ted decision- jurisdictions, NOW Otlr~ ~ is$ioners of Carter be ,t/on of the and enhance afl who reside DONE AND OF COUNT~ COtAMIS.~-rONER$ COI. LXER COUNTY, ?LOI~DA ,TZt~ COLberT'A, CHA_rRAqAN ATTEST: DWXGHT ~. BROCK, CL~K PROCLAtAA T-~ON welfare of tag ¢i,'~en~ in tl~ cammunity th~3h tag enforcement af build~rig, zoni~3, Aous/ng, an/md ~onfr~l, fi~e safety, e~vir~nmgnh~l and afar ¢o~e~ and o~finm~e~; ~, eme~e~7 i~! ~ ~ l~lice, fi~e, ~m~ e~~ m~ticM DON~ AND ORDERED T/4Z~ ZS~ Day of ~ay. BOARD Ot COLliER COI)~ FLOI~DA A~-r~$T: ~ COLET~A, CHA-rI~4tAN MAY 2 8 2002 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE JULIE ALLEN, PROGRAM LEADER, PARKS AND RECREATION AS EMPLOYEE OF THE MONTH FOR MAY 2002. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus. uniquely identifiable contributions, which produce significant results for the County. CONSIDERATIONS: Julie Allen has done an exceptional job of running the After School Program at Golden Gate community center since she joined the staff in 1996. The parents of the children in the program have repeatedly shown their appreciation to Julie for providing a safe, clean and fun environment. Child Care of Southwest Florida, Inc. recently awarded Certificates of Appreciation to twelve childcare centers in recognition of their accomplishments and dedication to providing quality childcare in our communities. The Golden Gate community Center was one of only four centers in a six county area (Charlotte, DeSoto, Collier, Glades, Hendry, and Lee) rewarded for their School Age Programs. GGCC's After School Program was initiated, implemented and expanded under Julie's direction. The Provider Resource Team of Child Care of Southwest Florida, initiated this idea for "provider appreciation" utilizing a $2,500 Caring for Kids Mini Grant. The Florida Child Care Initiative, Caring for Kids, includes a Financial Assistance/Mini Grant Program. The twelve licensed centers were selected based on the following qualifying attributes: 1. Center maintains a quality facility per the Florida Department of Children and Families records and inspections. 2. Center's State of Florida license must be current and in good standing. 3. Center has been open/in business for at least 5 years. 4. Center offers a quality program for InfantFFoddler, Preschool or School Age. Julie ensures and maintains the quality of "After School Adventures" at the Golden Gate Community Center because she cares about the children who participate in the program. The award from CCSWF was unexpected, but well deserved, due to Julie's hard work and dedication. FISCAL IMPACT.: "Employee of the Month" selectees receive a $150.00 cash award. Funds for this award are available in the employee's department budget cost center. RECOMMENDATION,: That Julie Allen, be recognized as the "Employee of the Month" for May 2002. PREPARED BY: Dawn Ragone, Adr~inistrative Assistant Employee Services Department DATE: ~'/~,./0.2.. AGENr~A ITEM HAY 2 8 2002 Pg., ,~~l~er, Director Employee Services Department APPROVED BY: Jo-Anne Varcoe Leamer, Administrator Administrative Services Division DATE: DATE: AGENDA iTEM MAY 2 8 2.002 p~. 2.. COLLIER COUNTY MANAGER'S OFFICE May 13,2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Wilma J. Britton 109-A Duncan Lane Naples, FL 34114 Re: Public Petition Request to Discuss Permits and Encroachment Problems in Henderson Creek Dear Ms. Britton: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 28, 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, County Manager , TWO:jeb cc: County Attorney Joe Schmitt, Community Development Administrator ..... Original Message ..... From: WlmBritton@aol.com [mailto:WlmBritton@aol.com] Sent: Wednesday, May 01, 2002 2:08 PM To: fiala_d Subject: Permits Donna Fiala: I live in Holiday Manor Co-op, On Nov.27th 2001 I bought a Ted Shed and bought a Permit 11/29/2001 and it was CO about a week later. At that time I thought everything was ok,but inFeb. 2002 the county had Hendersn Creek Drive surveyed and at that time they found that several places was on the county rightaway whiched included my new shed,part of my trailor and part of my carport. I lived at this address for 10 years and the trailor has been here for over 25 years. The code enforcement has told me that I have to move everything,trailor,carport and new shed. Now they want me to get another permit to move and one for the the shed??? I dont understand why I would have to get another permit as long as I have moved it off the rightaway. Most of us was uaware of this righaway. I live at the end of the street and there is no way they would ever need it for anything. I have applied for a varrance for the trailor and carport but this could take sometime and alot of money which I cant afford. I am Senior on a small income. I need you to check into this for me. Thanks for whatever you can do for me. Wilma J Britton 109-A Duncan Ln. 5/7/2002 COLLIER COUNTY MANAGER'S OFFICE May 13,2002. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Bob Krasowski 1086 Michigan Avenue Naples, FL 34103 Re: Public Petition Request to Discuss Solid Waste System Design Issues Dear Mr. Krasowski: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 28, 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 Tumer Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager ,' TWO:jeb cc: David Weigel, County Attorney tom Wides, Interim Public Utilities: Administrator TO: Tom 0}}~ Co~n~.M~n~gcr, Colti~C~~ Fro'tn: BoB Krasowski; Ze~ W~sl~ Co{iletCom~ 1086 Michigan A_venue 'Naples, Florida 34103 ~ 2~ 2002 FiLE Mr:Oliff; I am requcsting ptacemc~ on thc May 14'" Collier Cot]ray Board of County Commissioners Agenda as part of the Pul~lic Petition sect[om 1 would Iikc to take this opportunity to address the Board regarding Solid Waste System Design Issues fi:om a "Zero Waste" perspective and ex~laii~ the benefit3 our Comity Would derive ffor/i performing a "Zero Waste D. csign Chctette". Th~ CherCtte would l~c an ce~ancemcrit tO and mn concurrent wilh our ~escfiI o~goixig Solid Waste Management effort's: IrtcludCd with Ih-is request are pri~ed materials that wilI sei~e to substantiate some °fthe Points I'II be making. I respecifulIy ~equest' that' you as well as*the Co~ssioners ~eview this matmal. Sincerely, Bob Kra,,.~w"dd .., Zero Waste Col]lo' Coum'y HAY 282002 J CAS ON THE WAY TO ZERO WASTE WORLDWIDE Throughout the world, innovative businesses, governments, and communities are alread§ implementing successful programs that reduce waste to zero - or darn close. New initiatives are continuall§ reported from around the world, and are chronicled on the GrassRoots Rec§cling Network's web site: www. grrn.org. Here are some of the leaders pursuing Zero Waste goals in the following categories: 1. Local .Government Zero Waste Plans 2. Model Communities 3. Resource Recovertj Parks 4. Extended Producer Responsibilittj for Waste 5. Environmentallg Preferable Purchasing B. Product and Packaging Design ?. Comprehensive Zero Waste Business Approaches 1. Local Government Zero Waste Plans Communities can pursue Zero Waste bg first setting a goal of eliminating rather than managing waste. This simple step can lead to breakthroughs when resources and the creativitg of poticg-makers and engineers are redirected to developing solutions based on providing clean streams of resources to Iocat entrepreneurs. The role of local government changes when discard- ed materials are treated as communitg-enhancing assets rather than as liabilities Iwastel. Instead of managing liabilities, local government policies promote entrepreneurial innovation and dire~ that creativitg to maximizing the deliverg of clean resource streams to local enterp.rises. For updates, see 'Zero Waste Around the World' at www.grrn.org/zerowaste/zw_world.ht ml. Examples: Del Notre Countg, CA, USA [population 32,000). Rural Del Notre Eountg is the first countg in the United States to guide its solid waste strategg with a comprehensive Zero Waste plan, which it adopted in 2000. Officials expect the plan to ease the conversion from a timber-oriented economg to a new sustainable economg using local resources currentlg being wasted. Contoct: Del Norte Countg Solid Waste Management Authoritg. 707-465-1100; recgcle~cc.northcoast.com. More In. fo: Del Norte £ountg Waste Management Authoritg Zero Waste Plan, Februarg 2000 [www.grrn.org/order/order. html#del_norte]. New Zealand Councils. More than one-third of New Zealand's 74 local governments have adopted goals of Zero Waste to landfills b~j 2015 as of late 2001, and an effort is underwag to get the goal adopted nationallg. Zero Waste New Zealand Trust [www. zerowaste.co.nz] provides a small amount of grant moneg to help councils get started but does not suppl§ a blueprint - that is being developed bg local officials, managers, and engineers. The Trust predicts the creation of 40,000 jobs over 10 ~jears through converting local transfer stations to resource recoverg centers, and through the resulting proliferation of reuse and recgcting businesses. Contoct: Warren Snow, wsnow~envision-nz.com. Other communities planning for Zero Waste: Seattle, WA, USA [population 534,?00] adopted Zero Waste as a 'guiding principle' in 1998. The plan emphasizes managing resources instead of waste, conserving natural resources through waste prevention and rec~jcling [www. ci.seattie.wa.us/ util/sofidwaste/SWPlan/default.htm]. Santa Cruz Countg, CA, USA [population 230,0001 adopted Zero Waste as a long-term goal in 1999. The Australian Capital Territorg of Canberra [population 300,000] adopted a No Waste bg 20:[0 goal and plan in :[996. The plan envisions a waste- free cit§ bg 20i0, with its two landfills replaced bg 'Resource Recoverg Estates.' Recgcling has increased 80% since :[995 [www. act.gov, au/nowaste ]. Ever§ dag another citg achieves cost effective diversion rates well above MA',.' 2002 the~~.~_erage,.. and new recgcling markets, programs, and processing strategies demonstrate success. II '- -- Joan Edwards, Joan Edwards 8c Associates; former director of recuclin~, cities of New York and Los Angeles ..... ~ W~NW orrn rtr~ 2. Model Communities tn the face of an unlevel playing field, many U.S. and Canadian communities are setting records for recycling and waste reduction. The U.S. national municipal recycling rate reached 28%, whiie mang U.S. and Canadian communities have cost-ef~ctivelg surpassed 50% diversion from landfills. Examples: Halifax, NS, Canada [population 330,000). Hali~x reached 65% diversion from landfills in 2000, while the province reached its 50% target in October 2000. Many recgclables are banned from waste disposal. Residual waste [after recgcling) is processed to remove toxics before landfiIting. San Jose, CA, USA [population 849,3631. Sixty percent of materials from single-familg households are recycled or reused; 47% of overall municipal solid waste is diverted from landfill; businesses receive financial incentives to reduce waste. Loveland, I:0, USA [population 37,352t. This rural community recovers 56% of residenti~ materials for reuse and recgcling using dual-colJect~on vehicles that pick up both recyciabtes and trash. Resources: Cutting ~he Waste Stream tn Hal~. Communitg Record-Setters Show How, by Institute for Local Self-Reliance, U.S. Environmental Protection Agency, October 1999, Document EPA-530-R-99- 013 [www. iisr. org/rec§cling/wrrs.ht mi]. 3. Resource RecoverU Parks Phasing out landfills and incinerators requires development ora new infrastructure to handle discards. Resource recove~ parks, which ~ocate reuse, rec%jclin~, and composting businesses close together, can be the core of a comprehensive strateg~l for local resource management. Local collection entrepreneurs and the public can deposit all recoverable materials at one processing ¢acility, get paid for some of them, and bu§ other items at bargain prices. Some designs place the recovery park together with a waste Facilit§ or transfer station, arranged so that traffic passes recoverLj businesses before coming to the waste ~cilitg. When combined w~th incentives ¢or rec§cling, disincentives for wasting, and a commitment to graduallg phase out the waste facility, such an arrangement can be the centerpiece of a Zero Waste community. Resource recovery parks can be privatelLj financed, or local 8overnment can create an authority whose role is to secure the land, build the core facility, and lease space to private entrepreneurs - as is frequentkj done for airports. When. located close to appropriate industries, resource recoverLj parks can provide feedstocks for 'eco-industriat parks,' where the byproducts of one industry become inputs for the next. 'Serial resource recovery systems' are a variation of resource recovery parks where a critical mass of resource conservation businesses are located in a neighborhood, but not necessarittj on the same property. Repair shops and secondhand shops are good examples of existing businesses that need only to bring their services into greater synergg and prominence in a Zero Waste sLJstem. Urban Ore Ecopark, Berkele~j, CA, USA. Urban Ore, Inc. has pioneered the resource recovery park concept. In 2001, Urban Ore moved to a 2.2-acre former steel pipe manufacturing facility and estab- lished a building materials exchange, a hardware exchange, an arts and media exchange, a general store, and salvage and recycling activities. Two major lumberyards, a hardware store, and two other reuse facilities, ail in a three-block area, provide a stream of potential customers. Urban Ore Development Associates [UODA], a spin-off of Urban Ore, designs, builds, and operates resource recovery parks. Contact: John Moore, UODA, 1970 Broadway, Suite 950, Oakland, CA 9462, 510-893-6300 or jmoore~ recgclelaw, com. Other Resource Recovertj Parks in development: San Leandro Resource Recovertj Park, San Leandro, I:A, USA. Waste Management, Inc. is developing a resource recovertj park that recycles wood, greenwaste, curbside, and other recgclables, operates a bug-back center, and sells recycled- content soil and landscape products. Tenants include a tire recycling and crumb rubber facility and a building materials exchange. The park is at a waste transfer site. Monteretj Regional Environmental Park, Marina, CA, USA. This park includes public drop-off and commercial waste recycling stations, a Last Chance Mercantile reused goods resale operation, a landfill gas power project, a household hazardous waste collection facility, construction and demolition recycling operations, composting fa(~iTi~~,~ soils blending facilitLj, at an existing degiohal landfil~ Resources: Resource Recover~j Parks: A ~4odel for Local 5avernment Recycling and Waste Reduction, bg Borg Liss for the California Integrated Waste Hanagement Board, 2000. Garg Liss, 915-652- ?850, garg@gargliss.com or www. ciwmb.ca.gov/ LGLibrarcj/Innovations/RecovergPark. 5eneric Designs and Projected Performance jror Two Sizes o.f Integrated Resource Recover~j Facilities, bg Urban Ore, Inc., for the West Virginia Solid Waste lvlanagement Board, JanuarLj 1_995 [order at www.[rrn.org/order/order, ht ml]. 4. Extended Producer Responsibilit§ for Waste When responsibilitg for waste is shifted from tax- pagers, as is commonlg the case in communities todag, to producers and consumers, producers have an incentive to redesign products for Zero Waste. Extencie~ Producer ResponsibilitLj [EPR] for waste, or Procucer Take Back, holds manufacturers, and specificallg brand owners, responsible for managing their products and packaging at the end of their useful life. EPR policies in Europe have led to recgcling rates dose to 90~ and high recgcled content, as we!t as an emphasis on reusable and returnable packaging. The policg has spread to other countries as well, including Canada and nations in Asia and Latin America. Often, U.S.-based companies follow EPR requirements in other countries but do not replicate the programs in the United States. Examples of EPR programs in the United States and Canada: Deposit Stjstems for Beverage Containers, Deposit sgstems transfer the costs of rec~jcling from taxpagers to consumers and beverage manufacturers. Deposits are not onlg fair; theLj work. In the ten U.S. states with container deposits, recgding rates average 80% for containers covered bg deposits, compared with ,'ar less in non-bottle bill states [for example, around [0% for plastic soda bottles in non-bottle bill states]. In Canada, where the beer industrg invested in refillable glass bottles, 9?% of bottles are returned to the producer for refilling (see www. thebeerstore.ca]. Take-Back Pm[rams for Toxics. British Columbia Product Stewardship taws require producers to take back household chemicals such as paint, thinners, pesticides, fuels, and medicines for recgcling or safe disposal. Millions of gallons of these toxic chemicals are collected at industrg-funded depots at no cost to local communities. The costs create incentives for producers to keep toxic leftovers to a minimum. Local Take Back to Retail. Ottawa, Canada, and Washington Countg, MN, USA, have implemented successful programs targeting problematic wastes not covered b§ curbside programs, as an alternative to taxpa~jer funded Household Hazardous Waste programs. Retailers like the program for its free publicitg and opportunitg to get return customers. These are examples of voluntar~l Retailer Responsibilitg programs that can complement other Producer Responsibilitg programs. Web Resources: GrassRoots Rec§cling Network www. grrn.org/ resources/producer_responsibititg.html Institute for Local Self-Reliance www. ilsr. org/ recgcling/epr, html INFORM, Inc. www. informinc.org/eprgate.htm U.S. Environmental Protection Agencg www.epa.gov/epr 5. Environmentallg Preferable Purchasing Ang organization, business, or individual can promote Zero Waste bg altering buging habits. Hang government agencies and companies have alread§ adopted preferences for reccjcled content products. Mang are now moving to broader, environmentatlg preferable purchasing programs seeking to reduce resource use, cut air and water emissions, or achieve other environmental goals. Purchasing practices can target: · materials purchased for manufacturing products and packaging; · products purchased for use within the organization; · packaging for products and materials delivered to the organization; or · products specified through contractors, such as direct mailers, billing agents printe~"'c~p'~'""C~'~'~,L-,t'~: companies, office products retailers}and .-~-- ~"''(~__' _ architecture and construction companies. MAY 2 Examples: U.S. Federal Agencies. As a result of Executive Orders in the 1990s, federal agencies are taking the lead in buying recycled paper and other recycled products, as well as products that include features such as reduced toxics and reduced energy needs [www. epa.gov/oppt/epp/gentdresoume/totalS.html1. King £ount§, WA, USA. A national leader in buLjing environmentallLJ preferable products Iwww. metrokc.gov/procure/green. See also Pacific Northwest Pollution Prevention Resource {:enter www. pprc.org/pprc/pubs/topics/envpurch.html l. 6. Product and Packaging Design ManLj companies have been innovative in redesigning products, whether to reduce costs or to meet government incentives or requirements. Some have redesigned packaging to minimize materials. Others have redesigned products for ease of reuse and recucLJn~ Still more have transformed the concept of their products to eliminate waste. Extended Producer Responsibility encourages manufacturers to design products for eas~j disassembl~j, to minimize the cost of manufacturer responsibilit~j for recLjcling. Interface, Inc. [Dalton, GA, USA] This maker commercial carpets is changing its focus from providing a product to providing a service, leasing carpets to customers and taking back old carpet and tiles for refurbishing or recycling. Interface also pioneered the practice of installing carpet in tiles, so that onlLj the high wear places need to be replaced when worn out. Herman Miller [Zeeland, MI, USA] In manufacturing office furniture, Herman Miller used to receive molded plastic chair seats in single-use cartons containing shetls in bags, separated bgJ chipboard sheets, placed 56 to a double-sided corrugated box. A~ter unpacking the seats and assembling the chairs, Herman Miller was left with 30 pounds of packaging for even.j 56 chairs. The company developed, with its vendor, a protective rack that stores 90 seats in the space that previously housed 56 and can be reused 80 to times or more. ?. Comprehensive Zero Waste Business Approaches Businesses pursue Zero Waste in many wa§s, in addition to redesigning products. For example: · Re-evaluating products and services to create the greatest consumer and environmental value, within economic feasibilit~j; · Minimizing excess materials and maximizing rec~jcled content in products and packaging; · Finding productive uses for, reusing, recgJcling, or composting more than 90% of their solid waste; · Reducing procurement needs, then specif§ing products that meet Zero Waste criteria; · Establishing easily accessible repair systems, as well as recover,u processes for packaging and products. Collins & Aikman, Dalton, GA, USA {www.cotlinsaikman.coml. Makers of automotive fabric and trim, the company sent zero manufacturing waste to tandfill in 1998. Waste-minimization and energ~j-efficiencgj programs boosted production 300% and lowered corporate waste 80%. Xerox Corporation, Rochester, NY, USA [www.xerox.com]. In 1999, the company's non- hazardous solid waste recgjcling rates worldwide reached 8:?% and beneficially managed 94% percent of hazardous waste through recycling, treatment, or fuels blending. ZERI Breweries, Namibia [Africa1, Sweden, {canada, and Japan {www.zeri.org/s§stems/brew. htm ]. The Zero Emissions Research and Initiative Foundation has helped design breweries that utilize 40 different biochemical processes to reuse ever~jthing, including heat, water, and wastes. A digester transforms organic wastes into methane gas for steam for fermentation. Spent grain is used to grow mushrooms. Alkaline water supports a fish and algae farm. Fetzer Vineyards, Hopland, EA, USA {www. fetzer, com then "Fetzer Ston.j", then "Environmental Phitosopht.j"]. Fetzer recgjcles paper, cardboard, cans, glass, metals, antifreeze, pallets, and wine barrels; and composts corks and grape seeds. Garbage was reduced b.b.b.b.b.b.b.b.b.b~, in the past several ~jears, wthagoalofnowf~bg~;ili;t~-~__~ , : ... HAY 282002 INCINERATORS ARE NO SOLUTION We all know the environmental and public hea~th threats of incinerating waste. Incinerators contaminate ecosgstems with heavgj metals, consume vast quantities of resources which coutd have been recLjcled, and produce a toxic ash which perpetuates the need for landfills. And theLj are the primartj source of the notorlouslgJ toxic pollutant, dioxin. But incinerators have an even more insidious side. Because incinerators need waste to continue operating, theg undermine progress towards Zero Waste. Investments in incinerators are investments in continued resource p,kmdering, waste production, and pollution. It sirnpt~j does not make sense to burn paper, organics, metal, and other resources which could be conserved for future use. CommunitLj opposition and increasingl~j strict environmental regulations have almost stopped the construction of new incinerators in the U.S. Now, the industrg is looking overseas. There are currentltj hundreds of proposals to build incinerators in Africa, Asia, Latin America, Eastern Europe, and elsewhere. GALA, the Global Alliance for Incinerator Alternatives/Global Anti. Incinerator Alliance, was formed to address the migration of this dirtgj technoioguj. GAlA is an expanding international alliance working to end incineration and to promote alternatives. The name GAlA represents both a Global Anti-Incinerator Alliance and a Global Alliance for Incinerator Alternatives. GAIA was launched in South Africa in December 2000 and currentlg has members in more than 45 countries. GAlA is guided bLj an international steering committee with members from the Czech Republic, India, Mexico, the Philippines, South Africa, and the United States. GAlA members share irffonmation and work t~gether through regional networks, working groups, and ad- hoc project teams. One GAlA workgroup focuses on issues ruNated to Mun/cipal D~scar-ds Management and Zero Waste. Others address Hazardous Waste/ Clean Production and Medical Waste [implemented in collaboration with Health Care Without Harm www. noharm.org}. 2002 GLOB GAIA'S MISSION STATEMENT GAlA is a worldwide alliance of non-profit organizations and individuals who recognize that our planet's finite resources, fragile biosphere, and the health of people and other Plying beiogs ~re endangered by polluting and inefficient production practices and health-threatening disposal metJ~ds. We oppose incinerators, landfills, and other e~d-of-pipe interventions. Our uA'imate vision is a j~st, toxic- free world without incineration. Our goal is the implementation of clean product-i{m and ~ crea~o~ et: a closed-loop, materials-efficient econom§ where all products are reused, repaired, or rec~ed back rote the marketplace or nature. How to Join GAlA GAlA welcomes any non-profit organization or individual who shares the goals of ending waste incineration, promoting clean production, and supporting the move from waste disposal to sustainable resource use systems that respect the environment and public health, promote local economies, and are socially just. Members of GAlA are diverse and mag have divergent views on other issues. However, we are united in our work towards these shared goals. GAlA members mag not use their membership to further commercial interests. To join GALA, ptease send a letter on gout organization's or individual letterhead confirming your commitment to GAIA's goals and gour intent to join to one of the foilowing GAlA offices. GAlA Secretariat Unit 320, Eagle Court Condormnium, #261'4atalino St. Barangay Central, Di~iman, Ouezon Cit~j PHILIPPINES Tel: [G3-2) 92903?6 Te~/F~x: [63-2) 43F:~4733 Emait: gaia.sec ~ sucfshep.r~et.ph Web: www.no-burn.~g GAlA 1782 Fifth St. Berkeleg, CA 94710 USA Tel: 5~_0-883-0933 Fax: 5~.0-883-0928 Email: gaia~no-burn.org Tax deductible donations to suppert GAIA's work are greatl~j appreciated. Please email gaia~no-b~rn.org for mere information. HAY 2 2002 i- ~ ~__~_.__~ :-- 71 Pounds [32 kg) of waste created, on average, for ever~j pound of finished products.: 11 billion Tons [10 billion tonnes] of total waste created in the United States each gear, including discards from manufacturing, mining, oil and gas exploration, agricultural, coat combustion, and other discards,z 4 million Pounds {1.8 million kgI of material that industrtj moves, mines, extracts, shovels, burns, wastes, pumps, and disposes in order to provide one average middle-class American familLj's needs for a Ljear/ I Percer~tage of the total North American materials flow that ends up in, and is still being used within, products six months after their sale.' 25 Percentage of global carbon dioxide emissions generated bg the United States? 33 Fercentage of Earth's timber and paper used bLj the United States.' 3 Number of Earths that would be needed to produce the resources and absorb the wastes if all persons currentlLj living lived like todag's Americans and Canadians.' 1~9 Percentage of dioxins in the global environment attributable to waste incinerators." ~ Rank of landfills as highest source of greenhouse gas emissions in the United States [after fossil fuel combustionl." 30 Number of Ljears after closure that todaLj's state- of-the-art landfills are required to be monitored and maintained? Hundreds to thousands Number of ~jears after closure that todaLj's state-of-the-art landfills are expected to be threats to groundwater qualitg.;: ? Percentage of municipal discards in 1907 in New York CitLj that were manufactured products weight]? 76 Percentage of municipal discards in 1998 in the United States that were manufactured products weightl.~ 3 Months it takes Americans to throw awagj enough aluminum to replace its entire commercial aircraft fleet? 10 Tons I9 tonnes] of waste generated to make a 5 pound (2.3 kgI laptop computer.'~ 114 billion Number of single-use beverage bottles and cans thrown awag in the United States in ~.999.:; 5.2 Percentage of all plastic products produced in the United States in 1998 that was recLjcled.:' 270,000 Tons (245,000 tonnes) of disposable plates and cups used in the United States in !9607 J.,830,000 Tons I2,650,000 tonnesl of disposable plates and cups used in the United States in 1997.:~ 43 Percentage oflandfitled or incinerated municipal discards, bLj weight, that are packaging and containers, or disposable products such as paper and plastic plates and cups, diapers, junk mail, trash bags, and tissue paper and towels.~ ~t For all the world to live as an American or.Canadian, we would need two more Earths to satisf§ ever~lone, three more still if the population should double, and 1;~ Earths altogether if worldwide standards of living should doubl~ over the next 40 tjears.ll · Hawken, Lovins, and Lovins, Noturol Cepitolism .Jmlu'~.e rrn.org. MAY 2 Percentage of energy saved bg using recycled instead of raw materials to manufacture:" 40% Glass 40% Newspaper 60% Steel ?0% Plastics 95% Aluminum [75% when recgjcled back into aluminum beverage cans] $2. million Amount Philadelphia businesses saved by recgJcling in 1995. The citgJ'S recgjcling rate jumped from 10% in 1994 to 29% in 1996.2~ $34 billion Total annual wages of the 952,G14 Americans employed in recycling collection, process- ing, and manufacturing with recycled materials,a SOURCES i John E. Young and Aaron S~chs. The I~xr gf~C~en~ Revolution: Cream ~ O~ce of Techn~g~ ~sessment, t4an~ Ind~nal ~id Wcs~ From Manu~o~unn~. M~n~, Off and Gas P~du~on, and ~fl~ty Coal Core.salon BocRg~nd ~r [Re~ OTA-BP-C-S2; Wesh~en, ~0. includes waste~er 3 ~ut Haw~n, ~o~9 ~. ~vi~s, and L Nunter ~wns, C~at~n~ th~ N~ Industrial Re~lubon, ~te B~n & Com~an~, 1999, 4. Notu~J C~p~al~sm {s~ above], p 81. 5. Jonathan Loh ~ al, 5~ing Pio~et Report ]99E, Wo~ Wi~ife Fun~ international {Gland, Sw~zedand}, [998 [a~il~le at ~n~.o~; and Re.ureas tn~ute, W~do R~eurc~ ~998-99. A ~de Enrichment Oxford Umvem~ Press [New Y~J, ~ L~n~ Flcne~ Repo~ J~9g and WorldR~ 1~8-99 [s~ ~ ~ath,s Wac~magei and Wii~m Roes, Cur ~ologmal ~o~fint; Reducm~ H;man Jmp~c; ~ ~ ~, New ~le~ ~blis~ [Philadel~. ~. D~xm cnc ~'urcn Inventories: Na~;onai end ~g~onal U N E~vlronment Pr~g~mme [Genoa, Switzerland,, 9. Rec~chng . . . ~or ~ne ]uture: Consider t~e behests, p~pare~ b~ ~he Wh~e House Task Force ~ Rec~chn[ [Washington, DE: ~ of the Fede~i Environed[ Executive J, ~. "S~lid Waste Bisp~l Fac~[R~ Criteria, Rna~ Rule,' ~tle 40, Co~e of F~emi Regulauons, ~s ~57 and 258, Fed~i Regi~e~ ~t G. ~ Lee. PE, and ~e Jo~-Le~, Ph.D., ~ree ~s Nanaged Pmte~ GrouP. water Oual~B," G. Fred Lee E As~c~t~ 1997 [available at www, gfredlee.com~ptandfii2.htmt: and Peter Monta~ue, 'Landfills are Oan~,erous,' Rofhel's En¥~nment and Heol~ Weekly September 24, [999 {available at www, racheLor~]. 1~ R. Hating & S. A. Greeley, Collection and Disposal of Municipal Refuse, McGraw Hill [New York), [9;'1, p. 13. I'~. U.S. £nwronmental P~otec~ion A~e~ c~ Office of Solid Waste, £hon~-=enzorJon al Munk:ipal Waste ~n the Umre~ S~oTes: I998 Upd~e, Report No £PAS3O-R-99- 0;'1 {Washmgto~ D~}, [999. Table 9. 14 No'rural £ap~tohsm [see above}, p. 50 iS. Natural Capitalism (see aDove~, p. 50. [6 R.W 9ack, h~c ~2. £harac~enzcmon af Mu~ic~pai $oiid Wasm ~n '[he United States: ~99~ Updo~ [see above 1, P. 44 18. Ehor~enzmion o.f Municipal Solid Waste in Fha Un.ed Sm[es: .~998 p [9, Char~ctenzotlon o/ Munlctp~i Solid Waste in The United $tates: 1998 UpdaTe p. E[-62 20. Characterization al Municipo~ Solid Waste in The U~hed S~tes: 1998 Upd~e p ~. Natu~i Re~es Defense C~ncd, AJumlnum 22. Nmu~l C~p~toJ*sm [see a~ove J, p. 5~ 23. R.W. Beck, US. Recgcling ~onom*c tn~n Stung, ~md for~e ~ www.errn.ore 0: What is Zero Waste?' A: Zero Waste is a simple goal with far-reaching implications. The goal applies to the whole production and consumption cycle - raw material extraction, product design, production practices, how products are sold and delivered, how consumers choose products, and more. Pursuing Zero Waste requires questioning the view of nature as an endless source of raw materials and an endless dumping ground for waste. In fact, Zero Waste advocates see nature as the ultimate production model - a system in which all materials are cycled back for productive reuse and nothing is wasted. O: Is Zero Waste the same as 100% reuse, rec§cling, and composting? A: No. While much of the focus has been at the end of a product's lifecycle, the lion's share of waste and associated environmental destruction happens before consumers see the product on the shelf. SeventLj-one garbage cans' worth of industrial waste is produced for each can of discarded products and packaging set out at curbside. This includes waste from mining, clear-cutting timber, and oil and gas drilling, as well as from refining and manufacturing those raw materials. Zero Waste applies to our entire environment, our econom§, and our community. 0: Aren't other efforts underwaU to achieve the same thing? A: Other concepts speak to aspecs of Zero Waste but focus on eKher the production end (clean production, industrial ecology, design for environment, and sus- tainable development) or the disposal end {integrated waste management]. Zero Waste encompasses aq of these with a comprehensive whole-system approach, with one set of consistent principles. 0: Isn't it impossible ~o ~t to zero? A: No system is 100% efficient. But we know that we can get darn close. By establishing a goal of zero, public and pdvate organizations can focus on eliminating waste rather than on 'managing' it. O: Aren't we alreadg recucling as much as possible? A: Currently, more than two-thirds of 'municipal' produc~s, packaging, and organics discarded by households, businesses, and institutions is wasted [buried in landfills or burned in incinerators). Many communities are diverting 513% or more through waste prevention, reuse, recycling, and compost- lng. Yet easilgJ recycled materials continue to be thrown awaLj: 73% of glass containers, ??% of maga- zines, ?5% of plastic containers, and 45% of news- papers and aluminum beverage cans. I'n addition, many products today are not designed to be repaired, reused, or recycled. O: Why can't the free market handle these issues? A: If the market were trul§ 'free,' and incorporated the real environmental and social costs in making products, perhaps it could. But markets today are heavitg influenced bg tax subsidies and incentives that favor extraction and wasteful industries. Environmental damage, reduced quality of life, health effects, social problems, and many other costs are not included in the price of products. When taxpayers pick up the tab for waste, manufacturers of wasteful products and packaging lack incentive to eliminate waste or make products recycling-friendly. ~' .................. ' i /,-~,,..,' :__' ' ........ HAY ttZero Waste is fundamentally a positive concept. Zero Waste is a design philosophy th'a-TL"a~ help communities achieve a local economy that operates efficiently, sustains good jobs, and pro_.~des a measure of self-sufficiency.It -- r Montague, Environmental Research Foundation ~ www.~rrn_or~ O: What's the difference whether ~lOU use new materials or rec~jcled? Manufacturing is manufacturing. A: Recycled product manufacturing saves resources and almost always saves significant amounts of energy and water compared to manufacturing with virgin materials, while polluting air and water less. The U.S. Environmemal Protection Agency reports that recycling reduces air pollutants in ten major categories and water pollutants in eight major categories. Environmental Defense calculates that current U.S. recycling saves enough energy to provide electricity for nine million homes per year. By 2005, recycling will reduce greenhouse gas emissions by 48 miilion tons, the equivalent of the amount emitted by 3G million cars. O: Are §ou suggesting that we should simpl~l stop extracting and harvesting natural resources? A: Zero Waste envisions sustainable harvesting of natural resources. While achieving Zero Waste may not totally eliminate virgin materials production, it would significantlLJ reduce the demand. All remaining natural resources woutd be extracted in environmentally sustainable and careful ways, with impacts and costs translated into the price of the finished product. O: Think of the miser~j and dislocation caused b~J the loss of so man~l jobs! How could ~lou surest such upheaval? A: The Zero Waste vision is all about building strong communities and local economies. Research by the Washington, DC-based Institute for Locat Self Reliance shows that only one local job is created for every 10,000 tons of solid waste landfiiled each year. Composting the same amount creates four jobs, recycling it creates ten, and making new products from the recycled materials adds 25 local jobs. In the manufacturing sector, recycling creates more than one million U.S. manufacturing jobs alone. O: Doesn't rectjclin~, cost more than landfilling or incinerating? A: There are economies o~ scate for recycling, just as there are for wasting. RectJcling systems designed as 'add-ons' to landfitl and incineration operations can be inefficient. Ait4nough no one expects landfills or incinerators to make money, many cities have proven that well-run recycling programs cost less than wasting and earn money as well. O: How can Zero Waste be implemented at the communit~l level? A: Three essential changes are needed: [ :1.1 Public officials must be educated that Zero Waste strategies provide an alternative to landf~ltir~ or incineration. [2] Replacement facilities for Jandf~tls and incinerators must be developed. All the eiements for Recovery Parks exist today, aLthouc~h in pieces; the next big step is to create local policies that build and support working parks. (3] Policies must require maximum feasible separation of discards by material t§pe and must ensure lifecycle producer responsibLtity to share the cost of c¢lecting used products and encourage product redesign. O: Can we reall~J eliminate landfills and incinerators? A: We already have the technology to reach a 90% diversion rate in both businesses and communities. Establishing a goal of Zero Waste unleashes ingenuity and resources, and creates the opportunity for developing locally appropriate breakthrough strategies. Reaching Zero Waste will take the efforts of all segments of societ§, including corporations, politicians, community leaders, and citizens. WWW.orrn,er: ZERO WASTE: A NEW WAY TO LOOK AT OUR NATURAL RESOURCE~ Principles Guiding Guiding Principles for Current Practices Pursuing Zero Waste Stjstemwide · Limitless flow of resources from nature · Flow of resources viewed as a cycle with Principles to dumps, minimized input and output. · Lack of producer responsibilitg for · Responsibility b~j producers for the Irfe- environmental and social impacts of c~Jcle impacts of products and packaging, products and packaging, creating incentive to design more bemgn · Focus on increasing production and products. productivitg of labor. · Focus on increasing benefits to · Focus on large-scale, centralized, capital- communities and optimizing productwe intensive industries [resource extraction use of resources. and waste management). · Focus on Iocallg owned, independent · Mang environmental costs and benefits industries. not accounted for. · Accounting for environmental costs and benefits Government · Manage waste at taxpayer expense. · £Iiminate waste bLj ho d ng producers Policies · Reguiate specific environmental responsible for impact. emissions at facilities. · 5~stematicail~ optimize env~ronmenta!, · Subsidize virgin extraction firms and economic, and social impacts of the waste management firms, production and consumption c~de. · Create level plagin¢~ field or outright subsidies to promote resource conservation industries. Raw Material · Emphasis on virgin resources with harvests · Emphasis on rectjcled material use and Suppl~j determined by commodity cycles, sustainable harvesting of natural · Toxic materials managed, resources. · Emphasis on use of non-toxic materials. Continued on back page... Vasting r. esources wastes jobs because it removes resources from commerce. Il aP '-- ,pp, Urban Ore, Inc. MAY 2 2OO2 Principles Guiding Guiding Principles for Current Practices Pursuing Zero Waste Product and · Guided bg competitive innovation, with · Guided b~J design-for, environment Packaging emphasis on marketing and sales, principles to reduce resource use and environmental emissions, and to Design · Some attention to design-for-rectjcling, clean production, or design-for-environ- minimize rec~jclinF= or reuse costs. ment where public attention is focused. · Focus on waste minimization, durabilit§, · Focus on short product lifespans to repairability, and recyclability. maximize sales. · I~aximized lifespans of products. Manufacturing . Companies strive to minimize compliance · Companies redesign entire operations to Practices costs with end-of-p~pe emission minimize r.esoume use and environmental emissions and maximize product reuse regulations and recgdin[. · Producing companies are respo_nsible for end-of-liCe mana[ement of their products ana packaging. · Producers influence Zero Waste throughout the system by adjusting specifications for suppliers and b§ taking responsibility for end-of-life management. Sales and · Whoiesa[ers and retailers assume no · Where feasible, products are leased, with Distribution responsibilitg for environmental ownership retained by the producer. management · Wholesalers and retailers are active partners · Emphasis on iarge-scale distribution and in product take-back and marketing mternauonal trade, environmentalig sound products. · Emphasis on regional distribution and sales. Consumption · Consumers select products based on · Consumers select products based on environmental performance, price, and price and qualitu~. qualitg. · Consumers participate in recgcling and reuse programs. End-of-Life · Hang environmental costs and benefits · Programs create strong incentive to t4anagement hidden, maximize diversion. · Secretive and complicated accounting · Pro[rams incorporate full cost accounting processes, principles. · Taxpagers bear most costs of disposal, · Producers bear most costs of disposal. including landfillin[ and recgclin[. ~ www.~_rrn.oq Zero Waste presents compelling environmental, economic, and social goals for the ;~l. st centur~l. Successful programs worldwide are already moving toward Zero Waste. But achieving Zero Waste - or even substantiatkj increasing current recover§ rates - requires an engaged public willing to question conventional economic wisdom and political practice. Four barriers present key challenges to achieving Zero Waste communities. Barrier ! - Government Subsidies Favor Extraction and Waste Under resource policies dating as far back as the :[80Os, federal and state programs subsidize logging, mining, and waste disposal industries - businesses that compete directly with resource- conserving enterprises engaged in cycling used materials back into the marketplace. Whatever subsidies exist for rectjcling efforts pale in comparison with, for example, the hundreds of billions of dollars in subsidies provided to virgin- resource processors over the past century and to this day. Orthe U.S. government's allocation of an average of $2.6 billion each year just in direct taxpayer subsidies for the resource extraction and waste industries. America's wasting industries require unsustainable amounts of energy and capital to operate. But instead of subjecting them to fair competition, government policies further underwrite their inefficiency through countless indirect subsidies, tike preferential energy pricing, cheap water, and tax credits. Barrier Z -The High Cost of Waste is Hidden costs. Host of the cost of waste is hidden, giving wasting industries an invisible competitive advantage. Product prices usually do not reflect their full environmental costs. Damage to ecos~lstems, loss of habitat and biodiversit~j, production of green- house gases, toxic pollution, health problems, and harm to recreation industries are real costs created by our current system of resource use but not calculated into the price of goods. These costs remain obscured, as consumers pay three separate times for many products: once at the store, again for disposal, and yet again to mitigate environmental damage and health costs. Meanwhile, many of the benefits of resource conservation, such as job creation, community economic deveIopment, and energy conservation, are not accounted for in economic transactions and statistics. The hierarchy of environmental policy saujs Reduce, Reuse, Recycle, and lastly, Landfill or Incinerate. However, our economy typically operates in reverse, putting landfills and incinerators at the top of the profitability scale because operators can exclude the costs of wasting and rely on public subsidies and guarantees. t~The whole concept of industr§'s dependence on ever-faster, once-through flow of materials from depletion to pollution is turning from a hallmark of progress into a na§ging signal of uncompetitiveness. I~ -- Hawken, Lovins, and Lovins, Natural Capitalism Barrier 3 - Producers Ignore Responsibility for Products' Environmental Costs Barrier 4 - Inertia of E3dsting Viewpoints and Practices arch of Hanufacturers' choices determine how a product will impact the environment - whether to use virgin or recycled materials, whether to design for reuse or recyclability, what packaging to use, how costlcj it will be to recycle, whether to sell or lease the product, and so forth. Yet producers have almost no responsibility for disposing or recgcling their products in our communities. As long as these functions are provided at taxpacjer expense, manufacturers have little incentive to redesign their products or make less wasteful products and packaging. Producer responsibility initiatives, like producer take-back systems, encourage Zero Waste by providing incentives for innovation in source reduction, durabilitg, and recyclable design. Extended Producer Responsibility [EPRI for waste makes manufacturers responsible for the lifecgcle of their products and packaging, providing the missing link between product design and recycling. EPR is not prescriptive - it doesn't tell companies how they must reduce their waste, it simply penalizes them for generating it. Costs are borne by producers and consumers, rat'her than by taxpayers. Conventional wisdom has a lot of powerful friends. Changing viewpoints and practices isn't easy. It is simple for local governments to hire a single contractor to manage all municipal discards, and buN or bum the majont§. Comprehensive community resource recover§ systems, on the other hand, require significant time and ingenuity [though not necessarily more financial resources) to design and develop. True resource recovery systems are information intensive, rather than capital intensive, and require attention to diverse material streams, multiple businesses, and public education and participation. Bankers and investors prefer centralized, capital-intensive projects, like landfills and incinerators, rather than dispersed, labor- and knowledge-intensive community resource recovery projects. People who recycle every day increasingly sense that, despite their best efforts and intentions, the systems are being made to fail. Absent an under- standing of the political and economic dynamics at work, and without all the words to articulate their frustrations, the recycling public will lose out to wasting industries. The language of Zero Waste can translate this emerging public perception into actual practice. Information and education are thekeys to overcoming these barriers. Zero Waste is in the communit§ interest. To get to zero we need to change the rules so that resource-conserving enterprises outcompete resource-wasting businesses. We need local resource management systems that serve the community, and state and federal sustainable materials policies. Together, we'll build communities and businesses that make Zero Waste - or darn close. RESOURCES EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE ESTABLISHING A MANDATORY NON- RESIDENTIAL RECYCLING PROGRAM WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY. OBJECTIVE: To present the Collier County (County) Board of County Commissioners (Board) with a Non-Residential Recycling Ordinance (Ordinance) for enactment. CONSIDERATION: On March 27, 2001 the Board instructed the Solid Waste Management Department (Department) to prepare an ordinance that requires non-residential (commercial) establishments to recycle a variety of recyclable materials. The Department has prepared a proposed Ordinance (Exhibit 1) that will help the County to preserve the limited capacity at the Naples Landfill, while achieving the best and highest use of resources, and pursuing environmental stewardship. The basis for this Ordinance is that the County can improve its performance in meeting and exceeding the State of Florida recycling mandate of 30%. Currently the County has achieved an overall recycling rate of 28%, but this has largely been achieved with the support of residential waste generators. Based on recent benchmark data collected from Florida recycling leaders, the County has room to improve its recycling rates for several recyclable materials, especially newspaper, glass, metal cans, plastic bottles, and corrugated cardboard. The majority of these materials are generated by the commercial sector. Currently the County ranks 31st overall in the State in recycling these materials. Participation is a key indicator of recycling success and Collier County has a Iow commercial participation rate. Table ES-1 presents historical recycling participation rates as well as those projected if the Ordinance is enacted. Table ES-1 Historical and Projected Recycling Participation Customers Years Commercial 3% 3% 5% 30% 39% 43% 45% 50% 55% The projected increase in participation considers similar commercial recycling programs in Miami-Dade, Lee, Orange, and Pinellas Counties. The Ordinance would provide the regulatory incentive to recycle, which will in turn increase the quantity of recyclable materials diverted from the Naples Landfill. The County's proposed ordinance contains the following key provisions: The Ordinance requires businesses, governmental offices, and not-for-profit organizatior~s to recycle at least one recyclable material, thus increasing the number of establishments that recycle in Collier County. HAY 2 8 200Z 2. The Ordinance becomes effective upon enactment, but it will not be enforced for 12 months, thus giving the public an opportunity to come into compliance with the Ordinance. 3. Anyone may haul their own recyclable materials to a recycling center, thus eliminating the cost of hiring a private hauling company. 4. No one is required to recycle any material for which there is no market or no cost-effective system in place for recycling. 5. The County Manager or his designee is authorized to grant a variance to anyone who would suffer a hardship as a result of the Ordinance as outlined in the proposed Ordinance. 6. The Department must evaluate the effectiveness of the Ordinance and report back to the Board by June 1, 2003 and every two years thereafter. 7. The Department will establish recycling education, rewards, and promotions programs to help encourage recycling and compliance with the Ordinance. The Department has solicited and received a great deal of input about the proposed Ordinance from the Naples Chamber of Commerce, Zero Waste and other stakeholders. On one hand, the Chamber believes the County should not establish a mandatory recycling program for the business community. The Chamber wants to continue with voluntary recycling programs only. On the other hand, Zero Waste believes the County should immediately implement a much more comprehensive and aggressive program than is proposed in the Ordinance. At the suggestion of a stakeholder, the Department performed a pilot recycling study with four local businesses. The Department's consultant, Malcolm Pirnie, evaluated the pilot project and prepared a technical memorandum (Exhibit 2), which concludes that: 1. The effective commercial recycling participation rate under the current voluntary recycling program is approximately 3%, yet commercial waste comprises more than sixty percent (60%) of the County's total solid waste stream. The Ordinance would provide the regulatory incentive to recycle, which will in turn increase the quantity of recyclable materials diverted from disposal at the Naples Landfill. 2. Without the enactment of the Ordinance, the commercial recycling rate will continue to decline, because participation is not likely to increase at a rate comparable to the increase in commercial waste generation. 3. Most businesses will save money by recycling one recyclable material because their solid waste disposal costs will go down, as shown in Exhibit 2. The pilot study indicated that those businesses generating minimal waste quantities would not save money by recycling. Accordingly, those businesses are exempt from the Ordinance's requirements. FISCAL IMPACT: It is anticipated that most businesses will enjoy net savings under the Ordinance. The businesses will pay for a new recycling service, but they will pay less for waste disposal services, thus resulting in a net reduction in total costs for solid waste services. The County expects to achieve fiscal savings because the County will defer the cost of waste HAY 2 8 2002 disposal. In addition, the County would preserve landfill capacity equivalent to the amount recycled, as shown in Exhibit 2. GROWTH MANAGEMENT IMPACT: The Ordinance is consistent with the County's Growth Management Plan, especially County Growth Management Plan Policy No. 1.3.1. (Sub Part c), because the Ordinance will enhance the current recycling program. The Ordinance also helps implement other provisions of the Growth Management Plan by helping to preserve capacity at the Naples Landfill. RECOMMENDATION: That the Board: 1) Adopt the provisions of the Non-Residential Recycling Odinance. 2.) Authorize Staff to implment the provisions of the Ordinance. SUBMITTED BY: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department APPROVED BY: Interim Public Utilities Administrator Date: HAY 2 8 2002 EXHIBIT 1 ORDINANCE NO. 2002- 1 2 3 4 5 6 7 8 9 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2~ 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ESTABLISHING A RECYCLING PROGRAM FOR NON-RESIDENTIAL PROPERTY IN THE UNINCORPORATED AREAS OF COLLIER COUNTY; PROVIDING FOR INTEN~r AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR THE DESIGNATION OF RECYCLABLE MATERIALS; PROVIDING MINIMUM STANDARDS FOR NON-RESIDENTIAL RECYCLING; PROVIDING EXEMPTIONS FROM NON-RESIDENTIAL RECYCLING STANDARDS; PROVIDING FOR VOLUNTARY NON-RESIDENTIAL RECYCLING; PROVIDING FOR A NON-RESIDENTIAL RECYCLING AWARDS PROGRAM; PROVIDING FOR A RECYCLING EDUCATION AND PROMOTION PROGRAM; PROVIDING FOR REGULAR EVALUATIONS OF THE NON.RESIDENTIAL RECYCLING PROGRAM; PROVIDING FOR RECYCLING SERVICE AGREEMENTS; PROVIDING STANDARDS FOR RECYCLING CONTRACTORS; PROVIDING FOR SELF- HAULING; PROVIDING FOR VARIANCES; PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 403, Florida Statutes, local governments are authorized to enact ordinances that require the separation and collection of Recyclable Materials; and WHEREAS, the Board wishes to increase Recycling in Collier County because Recycling will save energy and natural resources, provide useful products, and prove economically beneficial; and WHEREAS, the Board also wishes to increase Recycling in Collier County because Recycling will help ensure that the valuable and limited capacity of the County's Naples Landfill is conserved; and WHEREAS, the Board finds it is necessary for the protection of the public health, safety and welfare of the residents of Collier County to require the Recycling of Recyclable Materials generated on Non-Residential Property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE: Intent and Purpose. It is the intent and purpose of this Ordinance to promote Recycling in Collier County by establishing a Recycling program that requires the collection and Recycling of at least one Recyclable Material by businesses and institutions in the unincorporated areas nf the Cnnntv It N0. HAY 2 8 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14~ 15 16 17 iS 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 ~0 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 also is the intent of this Ordinance to provide the public with sufficient time to comply with this Ordinance and, therefore, this Ordinance will not be enforced for one year following its effective date. Further, it is the intent of this Ordinance to encourage Recycling by establishing a voluntary Recycling program for the businesses and institutions located in the County. SECTION TWO: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Non-Residential Recycling Ordinance". SECTION THREE: Applicability. This Ordinance shall be applicable only within the unincorporated areas of Collier County. SECTION FOUR: Construction and Interpretation. This Ordinance shall be liberally construed in order to effectively carry out the intent and purpose of the Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, rule, regulation or other authority, this Ordinance refers to the most current version, including and incorporating any amendments thereto or renumbering thereof. SECTION FIVE: Definitions. For the purposes of this Ordinance, the definitions contained in this Section 5 shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely discretionary. Pursuant to Section 403.7031, Florida Statutes, all definitions in this Section 5 shall be construed in a manner that is consistent with the definitions contained in Section 403.703, Florida Statutes. In the case of any apparent conflict or inconsistency with the definitions contained in Section 403.703, Florida Statutes, the statutory definition shall apply. A. Board means the Board of County Commissioners of Collier County, Florida. B. Certificate of Operation means the license that a Contractor must obtain from the County before it can Collect Recyclable Materials in the County. NO. MAY 2 8 2002 PG,. I 2 3 4 5 6 7 9 10 11 12 ~3 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 6O 61 62 63 64 C. Collect means to gather or pick up Recyclable Materials for transport and delivery to a Recycling Facility. D. Contractor means a Person who Collects or transports Recyclable Materials from Non-Residential Property for profit. E. County means Collier County, Florida. F. County Manager means the County Manager of Collier County or the County Manager's designee. G. Customer means an Owner or Generator that enters into a Service Agreement with a Contractor for Recycling services. H. De Minims Amount means the amount of Solid Waste which lawfully may be included in separated Recyclable Materials. A De Minims Amount of Solid Waste is 10 percent, by volume or weight, whichever is mom restrictive, as determined by a measurement or a visual inspection by the County Manager. I. ..Dwelling Unit means a Residential Unit with kitchen facilities, including houses, apartments, efficiency apartments, and mobile homes. Such term shall not mean a room in a motel or hotel. J. Garbage means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. K. Generator means each business, not-for-profit organization and institution (i.e., all Persons except individuals) that generates one or more Recyclable Materials as a result of its activities on Non-Residential Property. L. Materials Recovery Facility means a Solid Waste management facility that provides for the extraction from Solid Waste of Recyclable Materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. M. Multi-Family Residence means any building or structure consisting of more than one Dwelling Unit. N. Non-Residential Property means real property that is located in an unincorporated area of Collier County and used primarily for: (1) commerce, including but not limited to offices, stores, Restaurants, motels, hotels, recreational vehicle parks, theaters, and service stations; (2) not-for-profit organizations; and (3) institutional uses, including but not limited to governmental facilities, churches, hospitals and schools. The term Non-Residential Property any Residential Units. 3 MAY 2 8'2002 PG._. ~, 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 62 63 64 65 O. Ordinance means this County Ordinance No. 2002-_. P. Organic Waste means Garbage and other similar putrescible Solid Waste, including source separated food waste and food-soiled paper. Organic Waste does not include yard trash. Q. Owner means a Person who owns Non-Residential Property. An Owner also may be a Generator. R. Person means any and all persons, natural or artificial, including any individual, finn, partnership, joint venture, public or private corporation, or other association, or any combination thereof, however organized; any county; and any local, state or federal governmental agency. S. Primary Recyclable Material means a Recyclable Material that is generated on a Non-Residential Property in an amount large enough to warrant Recycling. T. Recovered Materials means metal, paper, glass, plastic, textile, or rubber materials that have known Recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Solid Waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. U. Recovered Materials Processing Facility means a facility engaged solely in the storage, processing, resale, or reuse of Recovered Materials. V. Recyclable Materials means those materials that are capable of being Recycled and which would otherwise be processed as Solid Waste. W. Rec¥clable Materials Container means any box, tub, or other container that is made of metal, hard plastic or other similar material and is suitable for the collection of Recyclable Materials. X. Recycling means any process by which Solid Waste, or materials which would otherwise become Solid Waste, are collected, separated, processed and reused or returned to use in the form of raw materials or products. Y. Recycling Facility means any facility that recycles Recyclable Materials, including but not limited to buy back centers, drop-off centers (both permanent and mobile), designated County Recycling centers, Materials Recovery Facilities and Recovered Materials Processing Facilities. Z. Residential Unit means a single family residence and a Multi-F ly Residence.' MAY 2 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 52 53 54 55 56 57 58 59 6O 61 62 63 64 AA. Restaurant means any bar, tavern or other eating or drinking establishment where food or beverages are prepared, served, or sold for profit, either for immediate consumption on or in the vicinity of the premises, or called for or taken out by customers, or prepared prior to being delivered to another location for consumption. BB. Self-Hauling Certificate means a written certification that an Owner or Generator is collecting and transporting Recyclable Materials to a Recycling Facility. CC. Service Agreement means a written agreement between a Contractor and an Owner or Generator concerning the collection of Recyclable Materials. DD. Solid Waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or Garbage, rubbish, refuse, special waste, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. EE. Substantial Hardship means a demonstrated economic, technological, legal, or other type of hardship. SECTION SIX: Designation of Recyclable Materials. For the purposes of this Ordinance, Recyclable Materials include paper, cardboard, aluminum cans, glass, plastic, ferrous metal, non-ferrous metal, and Organic Waste. Other materials may be designated by the Board as Recyclable Materials if the Board determines that a market exists for such materials and a cost-effective system is in place for Recycling such materials. Materials shall be deleted from this list of Recyclable Materials if the Board determines that a market no longer exists or a cost-effective system is no longer in place for Recycling such materials. SECTION SEVEN: Minimum Standards for Non-Residential Recyclin?. A. No later than 12 months after the effective date of this Ordinance, or such later date as may be designated by the Board, each Owner shall: (1) provide Recyclable Materials Containers on the Owner's Non-Residential Property so that the Generators located on the Owner's Non-Residential Property may recycle all of the Primary Recyclable Materials designated pursuant to Subsection 7.B., below; and (2) Collect the materials placed in the Recyclable Materials Containers and transport such materials to a Recycling Facility. NO. MAY 2 8 2002 PG. 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 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 B. No later than 12 months after the effective date of this Ordinance, or such later date as may be designated by the Board, each Generator shall: (1) consider the list of Recyclable Materials designated by the County pursuant to Section 6 of this Ordinance; (2) consider the types of Recyclable Materials generated by its activities on Non-Residential Property; (3) select the Primary Recyclable Material(s) that the Generator will recycle; (4) separate the designated Primary Recyclable Material(s) from its Solid Waste; and (5) place the designated Primary Recyclable Material(s) in a Recyclable Materials Container(s). C. Each Generator shall designate and recycle at least one Recyclable Material in the manner described in Subsection 7.B, above. D. A Recyclable Material shall be considered properly separated if no more than a De Minimis Amount of Solid Waste is present with the Recyclable Material in the Recyclable Materials Container. E. A Generator shall not knowingly dispose of Primary Recyclable Material(s) designated pursuant to Subsection 7.B, above. An Owner shall not knowingly dispose of Recyclable Mater/als that have been separated from Solid Waste pursuant to the provisions of Section 7.B, above. F. Each Generator and each Owner shall take all necessary steps to ensure that their own Recycling activities do not cause a nuisance or litter. Each Generator and each Owner shall immediately eliminate any nuisance and pick up any litter caused by their own activities. G. On or before August 1 in 2003 and each year thereafter, each Owner subject to the requirements of Section 7 of this Ordinance shall provide the County Manager with copies of the Service Agreement(s) or Self-Hauling Certificate(s) demonstrating that the Primary Recyclable Material(s) generated and separated on the Owner's Non-Residential Property will be taken to a Recycling Facility. A copy of the Service Agreement(s) or Self-Hauling Certificates(s) shall be kept on the Owner's Non-Residential Property and shall be available for inspection by the County Manager during normal business hours. A copy of the Owner's Service Agreement(s) or Self-Hauling Certificate(s) shall be provided to each Generator whose Recyclable Materials are transported to a Recycling Facility pursuant to the Service Agreement(s) or Self-Hauling Certificate(s). H. On or before August 1 in 2003 and each year thereafter, each Generator shall coordinate with the Owner or take other appropriate steps to ensure that the Generator's Primary Recyclable Material(s) will be taken to a Recycling Facility. Each Generatosr shall obtain and keep a copy of a current Service Agreement or Self-Hauling Certificate de4nstrn~ti~ m MAY 2 8 2002 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 Generator's Primary Recyclable Material(s) will be taken to a Recycling Facility. A copy of the Service Agreement or Self-Hauling Certificate shall be available for inspection by the County Manager at the Generator's offices during normal business hours. I. An Owner may satisfy its obligations under this Ordinance by providing the required services itself or by using the services of a Contractor, tenant, not-for-profit Person, or other agent that complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, the Owner shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. J. A Generator may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a Contractor, Owner, not-for-profit Person, or other agent that complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, each Generator shall be responsible for ensunng and demonstrating its compliance with the requirements of this Ordinance. SECTION EIGHT: Exemptions from Non-Residential Recycling Standards, A. Notwithstanding any other provision herein, a Generator shall be exempt from the requirements in Section 7 of this Ordinance if the Generator uses no more than one container for the disposal of its Solid Waste and the container's capacity is no greater than ninety-six (96) gallons. B. Notwithstanding any other provision herein, a Generator shall not be required to recycle a waste material if there is no market or cost-effective system available for Recycling such material. C. Notwithstanding any other provision herein, an Owner shall be exempt from the requirements in Section 7 of this Ordinance if all of the Generators on the Owner's Non- Residential Property are exempt from or otherwise not required to comply with the provisions of Section 7. SECTION NINE: Voluntary Non-Residential Recvclint,. All Owners and Generators are encouraged to recycle all of their Primary Recyclable Materials, especially aluminum cans, paper, and cardboard. Owners and Generators also are encouraged to work with the County to develop new and innovative methods to recycle other Recyclable Materials. NO. ~s ~£. 7 MAY 2 8 2002 8 9 10 11 12 -13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 SECTION TEN: Non-Residential Recycling Awards Program. The County Manager is hereby authorized to establish and implement an awards program to recognize Owners and Generators in the County who implement exceptional or innovative Recycling programs for Non-Residential Property. SECTION ELEVEN: Recvcline Education and Promotion Program. The County Manager is hereby authorized to establish and implement a Recycling education and promotion program for Owners and Generators in the County. The education and promotion program may include, but is not limited to, public workshops, public service announcements, multi-media advertising, and direct mailings concerning the methods and benefits of Recycling on Non-Residential Property. SECTION TWELVE: Evaluation of Non-Residential Recycling. On or before June I, 2003, and at least once every two years thereafter, the County Manager shall provide a report to the Board concerning the County's Recycling program for Non-Residential Property. The report shall address the effectiveness of the County's Recycling program for Non-Residential Property, the general costs and benefits associated with this program, and any changes that should be implemented to improve the effectiveness of the program. SECTION THIRTEEN: Recvclin~ Service Agreements. A. A Contractor shall sign a written Service Agreement with a Customer before the Contractor begins to Collect that Customer's Rccyclable Materials. The specific terms of the Recycling services provided by a Contractor to the Customer shall be set forth in the Service Agreement. B. A Contractor shall provide each Customer with enough Recyclable Materials Containers to accommodate the quantity and types of Recyclable Material that will be recycled by the Customer. SECTION FOURTEEN: Standards for Recycling Contractors. A. Certified Recovered Materials Dealers, as defined in Section 403.7046, Florida Statutes, shall not be required to obtain a Certificate of Operation under this Section 14 to engage in business in the County. N0. a MAY 2 8 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 29 30 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 6O 61 62 63 64 65 B. After January 1, 2003, no Person may Collect or transport Recyclable Materials in the County for profit unless such Person has obtained a Certificate of Operation from the County; provided, however, that a not-for-profit Person who Collects or transports Recyctable Materials in the County is not required to obtain a Certificate of Operation under this Section 14. C. Any Person may file an application with the County Manager for a Certificate of Operation authorizing that Person to Collect Recyclable Materials in the County. Such application shall be on a form prescribed by the County Manager. Applications shall be accompanied by a filing fee of an amount determined by resolution of the Board. The application shall contain such information as specified by the County Manager, including but not limited to the following: I. The name, address and telephone number of the applicant. 2. A description of the vehicles that the applicant will use to Collect Recyclable Materials, including the make, model, serial number and hauling capacity of each vehicle. 3. A description of the Recyclable Materials Containers that the applicant will provide to its Customers. 4. A notarized statement from the owner or operator of a Recycling Facility confirrmng that the Recyclable Materials Collected by the applicant will be accepted at the Recycling Facility throughout the duration of the Certificate of Operation. 5. A certificate of insurance demonstrating that the applicant maintains the following minimum insurance coverage: commercial general liability insurance of at least $1,000,000; business automobile liability insurance of at least $1,000,000; workers' compensation insurance of at least the statutory limits, unless otherwise provided by state law; and umbrella liability insurance of at least $2,000,000. The certificate of insurance shall state that the County will receive at least 30 days' written notice before cancellation or reduction of coverage. All insurance policies required by this Ordinance, with the exception of workers compensation, shall name the Board as an additional insured party. 6. Information sufficient to demonstrate that the applicant's vehicles, containers and other equipment are constructed and will be operated in a manner that will prevent leakage, spillage, litter and loss of Recyclable Materials. D. If the County Manager determines that the applicant complies with the terms of this Ordinance and all applicable laws, the County Manager may grant a Certificate of Onemtinn -. The Cert .... i A~nOa IXnM mcate of uperation shall specify any reasonable conditions deemed ap~rop~0ale ~--~h,. ~ff . J MAY 2 8 2002 1 2 3 4 5 6 7 8 9 10 11 12 ~13 14 15 16 17 lS 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 3S 39 40 41 42 43 44 ~5 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 County Manager. The Certificate of Operation shall be effective for a period of one (1) year. E. The County Manager shall deny an application for a Certificate of Operation if the County Manager determines that the applicant does not comply with the terms of this Ordinance or other applicable law. F. The County Manager may revoke a Certificate of Operation if the County Manager determines, after providing notice and an opportunity for a hearing, that a Contractor has violated the provisions of a Certificate of Operation or any other applicable law. G. The County Manager is authorized to inspect any vehicle, equipment or container used by a Contractor to Collect Recyclable Materials in the County. H. A Contractor shall only provide its Customers with those types of Recyclable Materials Containers that have been approved by the County Manager. I. A Contractor shall take all necessary steps to ensure that its activities do not cause a nuisance or litter. A Contractor shall immediately eliminate any nuisance and pick up any litter caused by the Contractor's activities. J. A Contractor shall not take a Customer's Recyclable Materials to a landfill or other site for disposal unless the Contractor has received a variance pursuant to Section 16 of this Ordinance. K. Unless exempt from this requirement pursuant to Chapter 62-722, Florida Administrative Code, a Contractor shall provide quarterly reports to the County identifying, at a minimum, the types and amounts of Recyclable Material it collected, and each Recycling Facility to which the Recyclable Material was taken. The Contractor's quarterly reports also shall identify the name and address of each Customer that is receiving Recycling services from the Contractor. The County Manager may require the Contractor to provide such other information as the County Manager reasonably determines is necessary, provided such request is consistent with the provisions of Chapter 62-722, Florida Administrative Code. SECTION FIFTEEN: Self-Hauling. A. A Self-Hauling Certificate shall be prepared by each Owner that Collects Recyclable Materials generated on its Non-Residential Property and transports such materials to a Recycling Facility. A Self-Hauling Certificate also shall be prepared by each Owner that allows a not-for-profit Person to Collect and transport Recyclable Materials generated on the Owner's Non-Residential Property. A Self-Hauling Certificate does not have to be prepared by. an Owner that hires a Contractor to Collect and transport all of the l[ec3//~a ' ' ' lo ! MAY 2 8 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 generated on the Owner's Non-Residential Property. B. A Self-Hauling Certificate shall be prepared by each Generator that Collects and transports its Recyclable Materials to a Recycling Facility. A Self-Hauling Certificate also shall be prepared by each Generator that allows a not-for-profit Person to Collect and transport the Generator's Recyclable Materials. A Self-Hauling Certificate does not have to be prepared by a Generator that hires a Contractor to Collect and transport all of the Generator's Recyclable Materials. C. If a Generator must prepare a Self-Hauling Certificate pursuant to Subsection 15.B, above, the Generator shall provide the Self-Hauling Certificate to the Owner on or before July 1 in 2003 and each year thereafter. D. The Owner shall file the Self-Hauling Certificate(s) with the County Manager pursuant to Section 7 of this Ordinance. E. The County Manager shall create a standard form that shall be used as a Self-Hauling Certificate. The form shall request the information specified by the County Manager, including the following: 1. The name, address and telephone number of the Person preparing the Self- Hauling Certificate. 2. The address of the Non-Residential Property where the Recyclable Materials are generated. 3. The names of the Generators whose Recyclable Materials will be transported pursuant to the Self-Hauling Certificate. 4. A brief description of the activity or activities generating the Recyclable Materials. 5. A list of the types of Recyclable Materials that will be transported. 6. The amount, if any, of Recyclable Material that was taken from the Non- Residential Property to a Recycling Facility during the preceding year, pursuant to a Self- Hauling Certificate, and the name and address of the Recycling Facility. 7. The name and address of the Recycling Facility to which the Recyclable Materials will be transported in the future. F. The County Manager is authorized to inspect any commercial vehicle, equipment or container used to transport Recyclable Materials in the County to ensure that they do not cause litter or pollution. 11 ,. MAY 2 8 20O2 pG. 5 6 7 8 9 10 11 12 13 ~14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 G.The County Manager may revoke a Self-Hauling Certificate if the County Manager determines, after providing notice and an opportunity for a hearing, that the self-hauling activities violate this Ordinance or an applicable local, state or federal law. SECTION SIXTEEN: Variances. A. The County Manager shall grant an administrative variance from the requirements in this Ordinance when an Owner, Generator or other Person demonstrates that the application of the Ordinance would create a Substantial Hardship. B. Any Owner or Generator who demonstrates that, due to site specific conditions, the Owner or Generator cannot simultaneously comply with this Ordinance and the provision of any section of the Collier County Land Development Code or the provision of a duly adopted planned unit development, may seek a variance pursuant to Section 2.7.5 of the Land Development Code. In the alternative, the County Manager may grant an administrative variance from the requirements of this Ordinance. C. An application for an adrmnistrative variance pursuant to Subsections A or B, above, shall be subrmtted to the County Manager on such forms as the County Manager may prescribe. An application for a variance from the County's Land Development Code pursuant to Subsection B above shall be governed by Section 2.7.5 of the Collier County Land Development Code. The fees for variances granted pursuant to this section shall be established by the Board by resolution. SECTION SEVENTEEN: Penalties. To provide the public with a reasonable opportunity to comply with this Ordinance, the County shall not seek any penalties for violations of this Ordinance that occur within twelve months of the effective date of this Ordinance. Thereafter, the Board shall have the power to enforce the provisions of this Ordinance through the County's code enforcement board. 53 54 SECTION EIGHTEEN: Appeals. 55 56 57 58 59 60 61 62 63 A. The County Manager is hereby granted the authority to resolve any questions concerning the proper interpretation and application of this Ordinance. B. Any decision of the County Manager under this Ordinance may be appealed to the Board. Any appeal shall be initiated by filing a written petition with the Count[,Manager within ' AG~ A IT / AG~A XT~ ten (10)days after the County Manager issues a written decision concern~g / MAY 282002 12 / P~ /.5' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 dispute. The petition shall describe the facts and issues in dispute and shall explain why the petitioner is entitled to relief. The petition shall be presented to the Board for its consideration as expeditiously as possible, but the petitioner shall be given at least ten (10) days advance notice of the Board's meeting concerning the petition. At the Board's meeting, the petitioner shall have the burden of proving that it is entitled to the relief requested. SECTION NINETEEN: Severability. If any clause, section or provision of this Ordinance shall be declared to be unconstitutional or invalid for any cause or mason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as 'if such invalid portion thereof had not been incorporated therein. SECTION TWENTY: Repeal of Conflicting Ordinances. The provisions of any other Collier County Ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict, or waived when the subject of a variance granted pursuant to Section 16 of this Ordinance. SECTION TWENTY ONE: 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 ma3' be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY TWO: Effective Date. This Ordinance shall become effective upon receipt of notice of its filing from the office of the Secretary of State of the State of Florida. 48 49 PASSED AND DULY ADOlrrED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. 5O 51 52 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 53 54 By: JAMES N. COLETTA, Cha~na~"' n - / 1 2 3 4 5 6 7 Approved as to form and legal sufficiency: Robert N. Za~ary Assistant County Attorney h: RNZ%Ord'~I ooR esiden tialR ecyc lmgOrd MAY 2 8 2OO2 EXHIBIT 2 TECHNICAL MEMORANDUM To: G. George Yilmaz, Collier County Date: May 14, 2002 From: Daniel Dietch, FTL Re: Mandatory Non-Residential Recycling Ordinance Benefit/Cost Analysis The Collier County (County) Board of County Commissioners (Board) has issued a "no new landfill" directive. With limited capacity available at the Naples Landfill, the County has considered numerous initiatives to reduce the amount of waste landfilled. The County recently commenced an enhanced residential recycling program with the goal of increased recycling and participation. The County is now considering the impacts of enacting an ordinance targeting non-residential (commercial) waste generators. This sector potentially represents an opportunity to significantly reduce the amount of recyclable materials currently landfilled. Commercial solid waste accounts for more than sixty (60) percent of the County's total solid waste stream, yet the County's effective commercial recycling participation rate is approximately three (3) percent. The County recognized that many businesses already recycle because it makes economic sense. For example Publix, Winn-Dixie, and Walgreen's aggressively recycle cardboard, which provides significant waste disposal savings. In addition, there is a robust recycling market in the County that includes more than twenty recycling companies providing recycling services for nearly twenty products (e.g. aluminum cans, glass, cardboard, paper, scrap metal, plastics, etc.). However, even with favorable market conditions, the effective commercial recycling rate is low. The County recognized that the business community might be resistant to a mandatory non- residential recycling ordinance. To mitigate resistance and to better understand the concerns of the business community, the Solid Waste Department (the "Department") met with the Naples Area Chamber of Commerce (the "NACC") during the summer of 2001 to discuss the proposed Ordinance. Based on feedback from the NACC, the Department initiated a pilot study to better characterize the impacts to businesses. Malcolm Pimie has performed a benefit/cost analysis of the pilot commercial recycling program. The benefit/cost analysis examined the financial viability of the proposed non-residential recycling program based on the County's non-residential recycling pilot project. Data gathered during the ongoing pilot program was used to estimate the amount of waste recycled, the cost/savings experienced by the non-residential participants, and the potential savings from conserving landfill space. The assumptions, findings, and recommendations yielded by each analysis are discussed in greater detail in the following paragraphs. The pilot program was conducted between November 2001 and January 2002 and included the four businesses named below: · Collier County Counseling · Huff Moving · Kentucky Fried Chicken MAY 2 8 2002 pG. ti' G. George Yilmaz, Collier County May 14, 2002 Page 2 · B.T. Boomers To reduce any financial barriers to participation, the County financed the cost of the recycling service during the pilot program. A preliminary benefit/cost analysis was performed for the non-residential recycling pilot program. The goal of this analysis is to provide a clearer understanding of first order costs to businesses. Due to the time constraints of the pilot program, certain assumptions were required to simulate the actual long-term costs to businesses. Specifically, it is assumed that businesses contract for services approximately equal to the amount of waste generated. It is further assumed that each business will ultimately recycle the portion of their waste stream that is most economical. This waste would be "Primary Recyclable Material". Primary Recyclable Material, as described in the proposed Ordinance, means a recyclable material generated at a non- residential property in an amount or volume significant enough to warrant recycling. Table 1 presents actual waste service information about each business including the collection frequency, container size, number of containers, and monthly and yearly costs prior to implementation of the study. Table 1 Pre-Pilot Pro ect Waste Service Data :: ......... ,~ ..... ~? : w.~te m.~..e ~. ~rW~k):C ::,::'0'~,,~~) :: :,CO.t~i~ U-it C~.COST~.th COs-ra,.,r Collier County Waste Management 2 1 2 510.25 S6.73 $81.18 Counseling HuffMoving Waste Management 1 2 1 $86.6¢ 586.6c, $1,040.28 Kentucky Fried Waste Management 3 8 1 5579.3~ 5579.32i 56,951.84 Chicken 3.T. Boomers Waste Management 3 8 1 5579.32 5579.32 $ 6.951.84 .¢. Table 2 presents a summary of the initial recycling service costs for the businesses that are participating in the pilot program. Table 2 l'liOt J'ro~ ecl t~ec~cnng ~ervlce LlaTa 2o~selin~2°llier Coun~Sunshingse~'icesReCycling 11 11 96 gallons 18 gallons S15.0($5.0~ S15.~$5.0~ S240.0~$180'0C$60'0~ ~uff Moving Sunshinese~icesReCycling I I 96 gallons $15.0( $15.00 S180.0~$180.0~ 2hickenKentucky Fried Florida Se~'ices,Recycling Inc. 11 22 4 yard 96 gallons $20.0( $45.0( $90.00 S40.00 $1,560,0~ $1,080.0C $80.0~ 3.T. Boome~ Waste Management 2 1 4 yard $141.00 S141.00 $1,692.0~ 2 5 96 gallons $5.00 $200.00 $2,400.0( $4,092.0~ Table 3 presents the waste service cost under the optimal recycling arrangement where businesses make an economic decision to recycle the primary recyclable material that would result in the greatest cost savings and there is a one-to-one ratio between the amount of waste recycled and garbage reduction. Table 3 l'rojectea Annual waste ~erv]ce Lost With Kec'?clln§ 7ollier Coun~ Waste Management 2 I 2 S 10.25 $6A6 $77.56 2ounselin~ ~uff Moving Waste Management 2 I I $10.25 $10.25 $123 Kentucky Fried Waste M~agement 2 8 1 $403.02 $403.03 $4,836.3~ 2hicken B.T. B~me~ Waste M~agement 2 8 1 $403.02 $403.03 54,836.3~ Table 4 presents the optimal recycling cost for each of the pilot program participants. It is assumed that each business will select its primary recyclable material, which will satisfy the requirements of the Ordinance. The selection of a primary recyclable material will likely be based on economics rather than the largest quantity of waste produced. However, it should be noted that this would increase participation more so than maximize waste diversion. PlAY 2 8 2002 Table 4 Pro ected Annual ;ervice Cost Collier County Sunshine I I 18 gallons $5.00 $5.00 $60.0( Counseling Recycling Services S60.0( Sunshine I 1 96 gallons $15.00 $15.00 $180.0( Huff Moving Recyclin~ Services S180.0( r~entucky Fried Florida Recycling 2 1 4 yard $90.0(] $90.0~ $1,080.00 2hicken Services. Inc. $1,080.00 3.T. Boomers Waste 2 I 4 yard $141.0C $141.0£ $1,692.00 M an a~ement $1,692.00 Preliminary data from the pilot project indicates that the Ordinance will result in cost savings for most businesses unless they cannot contract for reduced garbage service. A comparison of the information contained in Tables 1 and 3 is presented in Table 5 to determine the cost savings of participation in the non-residential recycling pilot program. All of the businesses in the program have cost savings ranging from $400 to $1,000 except for Collier County Counseling, which cannot contract for less garbage service. For this business, the non-residential recycling program resulted in an additional cost of nearly $57 per year. Based on discussions with pilot project participants, the program has had limited impact on business operations. In many cases, due to safety concerns, materials were already sorted inside the establishment. Table 5 presents the net annual impact of the non-residential recycling pilot program. Table 5 Pro ected Net ~ on Waste Service Cost with Rec' ~6~ts~ ~osts p~pflo~t,~' C~St~ PtK. t~PHo~ Collier County Waste ;unshine $81.1~ N/P $77.5( $60.~ $(56.38' 2o~selin~ Management Recycling Se~ices Waste ;unshine S1.~0.28 N/~ $123.00 $180.0( $737.2~ ~uffMoving Management Recycling Se~ices ~entuc~ F~ed Waste Florida Recycling $&951.84 N/A $4,836.36 $1,080.0( $1,035.48 2hicken Management Se~ices, ~c. B.T. B~me~ ~aste Waste $6,951.84 N/A g4,836.36 $1,692.00 $423.48 ~ana~ement Management The participants have expressed their appreciation to the County for their inclusion in the non- residential recycling pilot program. Initial feedback has indicated that most will continue ,0. 2 8 2002 ~,~. ~1 G. George Yilmaz, Collier County May 14, 2002 Page 5 recycling, with the exception of B.T. Boomers. B.T. Boomers currently does not directly pay for waste service, but would be directly responsible for the cost of recycling. Therefore, on a cost basis, they do not have an incentive to recycle. However, with a County-sponsored recycling education program, the property owner might recognize the financial benefits of recycling. Huff Moving will recycle mixed paper and Kentucky Fried Chicken will recycle cardboard, both by contract with local haulers. Due to the additional cost, Collier County Counseling has elected to self-haul cardboard to a County drop-off facility. In addition to the direct financial benefits to businesses, there are also direct benefits to the County. For example, an increase in non-residential recycling will reduce the volume of waste requiring land disposal. The estimated benefit is derived by converting the projected tons of recycled waste into cubic yards and then calculating the value of the landfill space. Table 6 presents the estimated landfill capacity preserved by implementation of the proposed non- residential recycling ordinance. Table 7 presents the savings realized by deferring the consumption of landfill airspace. G. George Yilmaz, Collier County May 14, 2002 Page 6 Table 6 Estimated Landfill Capacity Preserved by Mandatory Non-residential Recycling 5 - Year Projection for Type 2 Materials LOW PROJECTION Recycling Incremental Landfill Commercial Tonnage Recycling Recycling Capacity Waste ' Without Tonnage With Tonnage With Density Preserved Landfill Capacity Year StreamTM Ordinance1'2'4 Ordinance~'2'5 Ordinance (tons/yard3) (yards3) Preserved (%)6 2001 138,000 27,300 27,300 0.6 0.0% 2002 140,000 27,400 29,900 2,500 0.6 1,500 1.8% 2003 141,000 27,500 30,600 3,100 0.6 1,860 2.2% 2004 142,000 27,700 31,200 3,500 0.6 2,100 2.5% 2005 144,000 27,800 31~800 4,000 0.6 2,400 2.8% 2006 145,000 28,000 32,500 4,500 0.6 2,700 3.1% TOTAL 17,600 10,560 MEDIUM PROJECTION Recycling Incremental Landfill Commercial Tonnage Recycling Recycling Capacity Waste Without Tonnage With Tonnage With Density Preserved Landfill Capacity Year Stream1.2.3 Ordinance~,2.~ OrdinanceTM Ordinance (tons/yard3) (yards~) Preserved (%)6 2001 138,000 27,300 27,300 0.6 0.0% 2002 144,000 27,800 31.400 3,600 0.6 2,160 2.5% 2003 149,000 28,400 32.900 4,500 0.6 2,700 3.0% 2004 155,000 28,900 34,600 5,700 0.6 3,420 3.7% 2005 162,000 29,500 36,300 6,800 0.6 4,080 4.2% 2006 168,000 30,100 38,100 8~000 0.6 4,800 4.8% TOTAL 28,600 17,160 HIGH PROJECTION Recycling Incremental Landfill Commercial Tonnage Recycling Recycling Capacity Waste Without Tonnage With Tonnage With Density Preserved Landfill Capacity Year StreamTM OrdinanceTM Ordinance~'2'-~ Ordinance (tons/yard3) (yards~) Preserved (%)6 2001 138,000 27,300 27,300 0.6 0.0% 2002 146,000 28,600 34,100 5,500 0.6 3,300 3.8% 2003 155,000 30,100 37,500 7,400 0.6 4,440 4.8% 2004 165,000 31,600 41,200 9,600 0.6 5,760 5.8% 2005 174,000 33,100 45,400 12,300 0.6 7,380 7.1% 2006 185,000 34,800 49,900 ! 5,100 0.6 9,060 8.2% TOTAL 49,900 29,940 Assumptions: (1) Numbers are estimated to three significant digits. (2) Based on historical and projected figures. (3) Assumes 2% growth rate (LOW), 4% growth rate (MEDIUM), and 6% growth rate (HIGH). (4) Assumes 0.5% growth rate (LOW), 2% growth rate (MEDIUM), and 5% growth rate (HIGH). (5) Assumes 10%/2% growth rate (LOW), 15%/5% growth rate (MEDIUM), and 25%/10% growth rate (HIGH). (6) Landfill Capacity preserved relates to the percentage of commercial waste diverted. MAY 2 8 2002 G. George Yilmaz, Collier County May 14, 2002 Page 7 LOW PROJECTION Table 7 Estimated Cost of Saved Landfill Airspace 5 - Year Projection Incremental Recycling Tonnage Recycling Tonnage Recycling Tonnage Deferred Disposal Year Without Ordinance1' 2.3 With Ordinance~a'4 With Ordinance Tipping Fees Savings~ 2001 27,300 27,300 $27.07 2002 27,400 29,900 2,500 $27.88 $ 65,759 2003 27,500 30,600 3,100 $28.72 $ 79,235 2004 27,700 31,200 3,500 $29.58 $ 86,926 2005 27,800 31,800 4,000 $30.47 $ 96,532 2006 28,000 32,500 4,500 $31.38 $ 105,526 TOTAL 17,600 $ 433,978 MEDIUM PROJECTION Incremental Recycling Tonnage Recycling Tonnage Recycling Tonnage Deferred Disposal Year Without Ordinance~ 2,3 With Ordinance1'2'4 With Ordinance Tipping Fees Savingsu 2001 27,300 27,300 $27.07 2002 27,800 31,400 3,600 $27.88 S 94,694 2003 28,400 32,900 4,500 $28.72 $ 115.018 2004 28,900 34,600 5.700 $29.58 $ 141,566 2005 29,500 36,300 6,800 $30.47 $ 164,105 2006 30,100 38,100 8,000 $31.38 $ 198,601 TOTAL 28,600 $ 713,984 HIGH PROJECTION Incremental Recycling Tonnage Recycling Tonnage Recycling Tonnage Deferred Disj~osal Year Without Ordinance ' ~.3 With Ordinance~'-'~4 With Ordinance Tipping Fees Savingsu 2001 27,300 27,300 $27.07 2002 28,600 34,100 5,500 $27.88 $ 144,672 2003 30,100 37,500 7,400 $28.72 $ 189,139 2004 31,600 41,200 9,600 $29.58 $ 238,426 2005 33,100 45,400 12,300 $30.47 $ 275,451 2006 34,800 49,900 15,100 $31.38 $ 354,097 TOTAL 49,900 $1,201,785 Assumptions: (1) Numbers are estimated to three significant digits. (2) Based on historical and projected figures. (3) Assumes 0.5% growth rate (LOW), 2% growth rate (MEDIUM), and 5% growth rate (HIGH). (4) Assumes 10%/2% growth rate (LOW), 15%/5% growth rate (MEDIUM), and 25%/10% growth rate (HIGH). (5) Assumes 3% change in CPI annually. (6) Savings shown as present value (discounted at 6% annually) G. George Yilmaz, Collier County May 14, 2002 Page 8 The benefits to the County presented in Tables 6 and 7 will also ultimately benefit the businesses. Current landfill tipping fees are low in comparison to other Florida counties. It is anticipated that disposal costs will increase significantly in the future as landfill capacity diminishes. Based on these figures more recycling in the near term will result in lower disposal cost increases in the future. Conclusions The County stands to benefit from the implementation of the proposed Ordinance by preserving limited landfill capacity. Most property and business owners will also benefit by reducing the cost of waste disposal service by adding the recycling service. In general, the recycling service on a volume basis costs less than traditional disposal. As the market develops for non-residential recycling collection, market forces may cause even greater savings as well as improved recycling service. Additionally, by reducing the amount of waste landfilled, valuable landfill space will be preserved, which will help to contain disposal cost increases in the future. While the County recognizes that the implementation of the proposed Ordinance may encounter challenges, it has engaged the business community in its development to better understand its concerns. The resulting Ordinance, as proposed, has stayed true to the Board, while also addressing the concerns of the community. EXECUTIVE SUMMARY CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING INPUT FROM SUBSCRIBERS REGARDING THE PERFORMANCE OF COMCAST CABLEVISION OBJECTIVE: To enable the Board to receive input from local Comcast subscribers to determine if Comcast has met the Customer Service Standards required by the Cable Franchise Agreement. CONSIDERATIONS: Comcast Cablevision is the holder of a Cable Franchise Agreement executed on August 5, 1997. Pursuant to the Agreement, the County has the right to review the Franchisee's performance no more frequently than every four years. This is the first compliance review. The Agreement states that the County has determined that it is in the best interest of its residents and consistent with the public convenience to adopt Customer Service Standards for the provision of Cable Service by the Franchisee; the Franchisee shall operate its Cable System in a manner consistent with the County's Consumer Protection Provisions, Section 55, Chapter 30, Collier County Code, to the extent that such provisions are not inconsistent with those of the Federal Communications Commission. Further, the Agreement provides that the County may conduct public hearings to provide the Franchisee and the public the opportunity to comment on the Franchisee's performance and other issues considered as part of the compliance review. There will be no presentation made by Comcast; however, representatives of the Franchisee will be in attendance to answer questions. FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. GROWTH MANAGEMENT IMPACT: There is no impact on growth management. RECOMMENDATION: Conduct the public hearing to receive input from local Comcast subscribers regarding the quality of service received from the cable television provider. OOxt~ ~ssman, Cable Franchise Coordinator ~.~ z~i~~, Director CDES Operations Depa~ment /~eph K~~, Admi~t~tor o~unity Development & Enviromental Se~ices Division MAY28 002 EXECUTIVE SUMMARY PETITION RZ-01-AR-1143, JAMES G. O'GARA, REPRESENTING GOLDEN GATE CAPITAL, LTD., REQUESTING A REZONE FROM "RSF-3" RESIDENTIAL SINGLE FAMILY TO THE "RSF-5" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT TO ALLOW FOR A MAXIMUM OF 16 SINGLE-FAMILY DWELLING UNITS FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 50TM TERRACE S.W. AND 22m~ AVENUE S.W. IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone Block 168, Unit 5, Golden Gate Subdivision from "RSF-3" to the "RSF-5" Zoning District thereby allowing the construction of 16 single family dwelling units that are consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this single-family neighborhood. CONSIDERATIONS: The subject site is currently zoned "RSF-3" and abuts an existing residential community that is also zoned RSF-3. The site is currently vacant and was previously cleared and platted as Block 168, Unit 5, prior to the adoption of the Land Development Code. The petitioner has indicated that the subdivision of the 3.7-acre site would only yield 11 single-family lots based on maximum density of 3 units per acre. This would result in less lots than is currently developed on the adjacent properties. Because the proposed "RSF-5" Zoning District allows a maximum 18 lots on the subject 3.7-acre site, the petitioner has agreed to limit the development of the site to 16-lots, which is the same number of lots that have been developed on the adjacent properties. It should be noted that the petitioner has agreed to develop the site with single-family dwellings that have the same development standards of the RSF-3 District. Furthermore, due to the small size and curvature of Block 168, the 80-foot wide lots of the RSF-3 district may not yield the same amount of lots if developed on a rectangular tract. By rezoning the site to the "RSF-5" Zoning District, the petitioner can configure the proposed 16 "pie-shaped" single- family lots without going below the minimum lot width. Since the development standards of the RSF-5 district requires a minimum lot area of 6,000 square feet and a minimum lot width of 60 feet, the petitioner can design a subdivision that conforms to the site while allowing for the size of the proposed dwellings. In addition, the access to all the proposed residential lots are from the existing local roads that abut the subject site and that serve the other single-family residences in the area. Transportation Planning Staff has reviewed the applicant's request and has the following comment. The Traffic Impact Statement (TIS) indicates that the 16-lot subdivision will result in approximately 160 Average Daily Trips and is estimated to be build-out in the year 2006. Based on this estimate, the proposed rezone will not generate traffic that will have significant impact on ~,~,, c',~,,ntv ~,~.ad ~tio~~ ' . Therefore, this petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transpc ~ ~ ~ MAY 2 § 2002 In regards to compatibility, it should be noted that Block 168 is surrounded by RSF-3 zoned properties while multi-family zoned lands are located one block to the west along Hunter Boulevard. Since the site abuts local residential roads on 4 sides, the subject site does not directly abut any existing residential lot. Furthermore, the storm water management system in the area will not be adversely impacted by this development due to the limited number of units proposed. The petitioner also indicates that the maximum density of the RSF-3 district will not allow for the platting of all the eligible units as allowed by the density rating system of the Growth Management Plan. However, the RSF-5 district will allow the platting of 16 lots of the eligible density. The final lot design will be evaluated at the time of preliminary subdivision plat (PSP) application for impacts (if any) on the surrounding land uses. Given the fact that the petitioner has committed to construct homes with a minimum floor area of 1,000 square feet per unit, the proposed petition should not adversely impact the existing residential land uses in the area. Therefore, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "RSF-5" District are consistent with other residential properties in the area. FISCAL IMPACT: This rezone by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · SchoolImpact Fee: · Road Impact Fee: · Correctional Facilities: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per dwelling unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes 16 units, the total amount of residential impact fees collected at build-out will total $44,114.88. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. . 2_.. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local concurrency implications. GROWTH MANAGEMENT IMPACT: The site is located within the Urban - Mixed Use District, Urban Residential Sub-district area as identified on the Future Land Use Element (FLUE) of the Golden Gate Area Master Plan. This designation allows for residential land uses and certain non-residential uses including recreational facilities. Relevant to this petition, this Sub-district permits a base density of 4 units per acre and is eligible for three (3) additional units per acre (for a total of 7 units per acre) since the site is within the "Density Band" of Activity Center #15. This Density Band is located 1 mile around the Activity Center. Since the site is eligible for a maximum density of 7 units per acre, the petitioner could have requested a project allowing for 26 residential units. Because the petitioner is only requesting a density of 5 units per acre (with a limit of 16 lots), staff has determined that this petition is consistent with the Density Rating System contained in the FLUE of the Collier County GMP. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition RZ-01-AR-1143 subject to a limit of 16 dwelling units along with the stipulations contained in the Ordinance of Adoption and Exhibits thereto. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The subject petition has been reviewed by the Community Development Environmental and Engineering staff for consistency with the GMP and the applicable sections of the Land Development Code. Due to the small size of the site, no Environmental Impact Statement (EIS) is required. The Current Planning Environmental Staff has approved this petition as submitted. Therefore, no Environmental Advisory Council (EAC) meeting was required for this petition. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on April 18, 2002. By a vote of 8 to 0, the CCPC forwarded Petition RZ-01-AR-1143 to the Board of County Commissioners with a recommendation of approval subject staff stipulations with the following additional stipulations, nc.,rr, noA rrE~ 3 · That the development of Block 168 be limited to 16 residential lots. · All residential units shall have a minimum floor area of 1,000 square feet exclusive of a garage. · That the project shall connect with the water and sewer utilities available in the area. · The project shall be consistent the applicable development standards of the RSF-3 Zoning District. The Planning Commissioners determined that this petition is consistent with the Golden Gate Area Master Plan and is compatible with the surrounding development. Staff has received two letters of objection while one-person spoke concerning the deed restriction on Block 168, Unit 5. The Deed Restriction that was recorded by the Gulf American Corporation for Block 168 (See Attached) restricts the use of the site for civic purposes only. However, the County Attomey's Office has determined that Collier County does not enforce these types of private deed restrictions. Furthermore, there are other tracts within Unit 5 of Golden Gate that have similar restrictions but have been developed for residential purposes. Because of these objections, this petition could not be placed on the summary agenda. - AGENDA MAY 2 B 2002 PREPARED BY: RAY~IELLOWS, CHIEF PLANNER CURRENT PLANNING SECTION 5.7.oz DATE REVIEWED BY: . SAN MURRAY, AICP, INTERIM I~IRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: JO~;EPH K. S~-tMITT ADMINISTRATOR .C~M~TY DEV. AND ENVIRONMENTAL SVCS. RZ-01-AR-! 143/EX SUMMARY/RVB/rb 2002 TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH 28, 2002 PETITION NO: RZ-2001-AR-1143, GOLDEN GATE BLOCK 168 REZONE AGENT/APPLICANT: Agent: Mr. James G. O'Gara, President Owner: Marquette Development Company 5395 Park Central Court Naples, Florida 34109 Golden Gate Capital, Ltd. 5395 Park Central Court Naples, Florida 34109 GEOGRAPHIC LOCATION: The subject property is located at the northeast comer of 50th Terrace S.W. and 22nd Avenue S.W. in Section 21, Township 49 South, Range 26 East. (See location map following page). REQUESTED ACTION: The applicant is requesting the Collier County Planning Commission to make a recommendation regarding an application to rezone Block 168 from "RSF-3" Residential Single Family to the "RSF-5" Zoning District to allow for a maximum of 16 single-family dwellings. PURPOSE/DESCRIPTION OF PROJECT: The subject 3.7-acre site is currently zoned "RSF-3" and abuts an existing residential community that is also zoned RSF-3. The site is currently vacant and was previously cleared and platted as Block 168 prior to the adoption of the Land Development Code. The petitioner has indicated that due to the small size and curvature of the site, the 80 foot wide lots of the RSF-3 district would not yield the same amount of lots if developed on a rectangular tract. As a result, the petitioner is now proposing to rezone the subject site to the "RSF-5" Zoning District, which allows a minimum lot width of 60 feet. The resulting 16 lot subdivision yields an additional 6 lots over the current density of 3 units per acre. The projected build-out for the proposed residential subdivision is projected to be in the year 2006. In addition, the access to the proposed residential lots are from the existing local roads that abut the subject site and that serves th, ,,,h,~,- einglf~- family residences in the area. ~ IZ MAY 2 8 2O02 1 - Pg. & AGENDA ITEM NIAY Z § 2002 SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is vacant and is zoned "RSF-3". Surrounding: North: East: South: West: Developed single family residential, Zoned "RSF-3" Developed single family residential, Zoned "RSF-3" Developed single family residential, Zoned "RSF-Y' Developed single family residential, Zoned "RSF-3" GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction review entities specifically for review for consistency with current Growth Management Plan and land development regulations. Future Land Use Element: The subject 3.7-acre site is located within the Urban - Mixed Use District, Urban Residential Sub-district area as identified on the Future Land Use Element (FLUE) and map of the Golden Gate Area Master Plan of the Growth Management (GMP). This designation allows for residential land uses and certain non-residential uses including recreational facilities. Relevant to this petition, this Sub-district permits a base density of 4 units per acre. The site also eligible for three additional units per acre (for a total of 7 units per acre) since the site is within 1 mile of Activity Center #15) provided its compatible with surrounding properties. The maximum density of 7 units per acre will allow for 26 residential units while the current RSF-3 zoning permits 11 units. Since the petitioner is only requesting a density of 5 units per acre (allowing 18.5 units), the proposed "RSF-5"District (limited to 16 lots) is consistent with the Density Rating System contained in the FLUE of the Collier County GMP. Transportation Element: Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The petition to rezone the site to the "RSF-5" Zoning District proposes 16 residential lots. This will result in approximately 160 ADT and 18 trips during the AM Peak Hour. As a result, the proposed zone significantly impact any County road when completed. Therefore, this petition Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. 2002 Sewer and Water: The subject property will be connected to the Florida Government Utilities Authority sewer and water system. Other Applicable Elements: Staff review indicates that this petition has been designed to account for all the necessary relationships dictated by the Golden Gate Area Master Plan. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this petition is consistent with the goals and policies of the GMP. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, this project is subject to the following condition. If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION OF ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the project and cause development commitments to be formulated to achieve GMP and LDC requirements. It should be noted that due to the small size of the site, no Environmental Impact Statement (EIS) is required. The Current Planning Environmental Staff has approved this petition as submitted. Therefore, no Environmental Advisory Council (EAC) meeting was required for this petition. In addition, the Transportation Department staff has also recommended approval subject to providing sidewalks at the time of preliminary subdivision plat review. EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the project's relationship to the community's furore land use plan, and whether or not a rezoning action would be consistent with the Golden Gate Area Master Plan and the GMP in all of it's related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. nC, rd~A rrY.~ ~4A¥ 2 8 2002 Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review is listed under each of the criteria as noted below. Each of the criteria is summarized culminating in a determination of compliance, non- compliance, or compliance with mitigation. These evaluations are completed as a separate document that is attached to the Staff Report (Exhibit "A"). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Golden Gate Area Master Plan. Since the property is designated Urban Mixed-Use, Urban Residential Sub-district on the Future Land Use Map, this district permits residential uses as proposed. The site also eligible for a total density of 7 units per acre (or 26 lots) since the site is within 1 mile of Activity Center #15 provided its compatible with surrounding properties. Staff is of the opinion that the eligible density is not compatible with the existing neighborhood that is developed at RSF-3 standards. Since the petitioner is requesting a density of 5 units per acre, this petition is consistent with the FLUE and the Golden Gate Area Master Plan. The existing RSF-3 zoning would permit a maximum of 11 lots on the subject site while the RSF-5 zoning allows the requested 16 lots. Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the subject site surrounded by local roads that fronts developed residential "RSF-3" zoned properties. In addition, there are multi-family zoned lands one block to the west along Hunter Boulevard. Since the site abuts local residential roads on 4 sides, the subject site does not directly abut the RSF-3 lots. Furthermore, the storm water management system in the area will not be impacted by this development. It should be noted that the petitioner indicates that because the subject site is curved the typical RSF-3 lot width of 80-feet and 95-feet for comer lots will not allow for the platting of all the eligible density. Conversely, the minimum lot width of the RSF-5 district is 60- feet and 70 feet for a comer lot will allow the platting of 16 lots of the eligible density. Lastly, the final lot design will be evaluated at the time of preliminary subdivision plat application for impacts (if any) on the surrounding land uses. Given the fact that the petitioner has committed to construct homes with a minimum floor area of 1,000 square feet per unit, the proposed petition should not adversely impact the existing residential land uses in the area. Therefore, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "RSF-5" District are consistent with other residential properties in the area. Utility Infrastructure - Water supplies are available to this site. All development must comply with surface water management requirements invoked at the time of PSP review. Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not have a significant impact on any County road by virtue of the fact that vehicular site generated trips will not lower the level of service below adopted standards. 4 MAY 2 8 2002 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition RZ- 01-AR-1143 to the Board of County, Commissioners (BCC) with a recommendation for approval subject to staff recommendations that are incorporated into the Ordinance of adoption. PI~PAI~D BY½ RAY BELLOWS, CHIEF PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: ,. n.") ! i SUSAN MURRAY, iNTERIM DIREC/TOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Staff Report for April 18, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: j4, F- -"' KENNEI~H L./~BERNATH'C(C..HAIRMAN RZ-01 -AR- 1143/STAFF REPORT/RVB/rb MAY 2 8 2002 REZONE FINDINGS PETITION RZ-01-AR-1143 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan (GMP). Development Orders deemed consistent with the density rating system and all applicable elements of the Future Land Use Element (FLUE) of the Golden Gate Area Master Plan and the GMP should be considered a positive relationship. The existing land use pattern; There are existing RSF-3 residential uses surrounding the subject site. (See Staff Report) The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is adjacent to residential zoning and is consistent with the density rating system. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn and they are consistent xvith the FLUE of the Golden Gate Area Master Plan and the GMP. The surrounding lands include similar residential uses while lands l-V2 blocks to the west are zoned for multi-family. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed zoning change is appropriate based on the existing conditions of the property. In addition, the proposed rezone serves as an extension of the existing single- family development surrounding the development. Therefore, the relationship of the propc~sed zone change to the FLUE of the Golden Gate Area Master Plan and the GMP is a positive one. EXHIBIT"A" ~ ~ ~-~ MAY 2 8 2002 o Whether the proposed change will adversely influence living conditions in the neighborhood; Existing residential units in the area operate without being adversely impacting the multi- family zoned properties 1½-blocks to the west. The proposed residential dwellings will significantly impact on noise or traffic in the area. The proposed change will not adversely influence living conditions in the adjacent residential neighborhood because the required development standards as contained in the Land Development Code have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create Wpes of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The petition to rezone the property as requested is consistent with all applicable policies in the Transportation Element. (See Staff Report) In addition, the property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from this subdivision would be defused. Conversely, urban intensification (6 additional lots) will result in greater volumes of traffic on the local and arterial road system serving the subject site. The evaluation of this project took into account the requirement for consistency xvith Policy 5.1 & 5.2 of the Transportation Element. As a result, this petition xvill not excessively increase traffic congestion on any County road. In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Conversely, urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; 'The proposed rezone will not impact the circulation of light and air to adj, pr°-lects in Collier County are subject to the development standards that a~ zoning district in which it is located. These development standards ar 2 undue to the '~ others apply 2 8 2002 15. 16. 17. surrounding Block 168. Lastly, staff's analysis, which has evaluated the scale, density and intensity of land uses, has deemed the change in zoning to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use? There are many other sites that are zoned to accommodate the residential use. However, this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, and the adequacy of infrastructure. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Physical alteration is a product of developing vacant land that cannot be avoided. However, the degree of alteration is not significant for this single-family subdivision. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County. Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Staff reviews for adequacy' of public services and levels of service determined that required infrastructure meets with GMP established relationships. AR-II43/RVBrb 4 MAY 2 8 2002 Map Output Page 1 of 1 43 MAY 2 8 2002 ..~ com.esri.esrimap. Esrimap?ServiceNante=ccpa_design&ClientVersion=3.1 &Form=-i-rue&lCn(4 320~2 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 PAGE 1 OF 15 Petition No.: Commission District: Date Petition Received: Planner Assigned:. REVISION #2 -- RZ-2001-AR-1143 PROJECT #2001060026 DATE: 1/15/02 RAY BELLOWS ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Golden Gate Capital. Ltd. Applicant's Mailing Address 5395 Park Central Court City Naples State FL __ Zip 34100 Applicant's Telephone ~ 593-1100 Fax # 593-1130 Name of.Agent ..7::~. ..... ,Agent's Mailing .Address 3( )I Tamiami Trail North Suite 206 City Naples State FL Zip 34103 Agent's Telephone # 4(}3-0223 Fax # 263-5!)96 COLLIER COUNTY COMMUNITY DE~,'ELOPMENT PLAN~'ING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRI'v~E-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the folio,ring for all A. ssociation(s) affiliated with this petition. (ProvMe additional sheets if necessary) NaHle of [Iomeo~,ner Association' ~. t'1'1..1(' 4. Tlr }N ~- OR PUBLI(_ H [Altl '~'t; FI)l{ ~T kN DARD REZ~ }~; E - lO 08 MAY 2 8 2002 Mailing .Address City State __ Zip Name of Homeowner Association: Mailing Address Name of Homeowner Association' Mailing Address City' State __ Zip City State __ Zip Name of Master Association: Mailing Address n/' a City State __ Zip Name of Civic Association' Mailing Address nra City State __ Zip 2. Disclosure of Interest Infornmtion: If the property is owned Fee simple by an D<DIVDUAL. tenancy bx.' 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 necessau'). Name and Address Steve RoNson Percentage of Ov, nership 25?0 1% 24% 25% 25% Golden Gate Capital. Ltd by: James O'Gara __Marquette Development 5395 Park Central Court Todd Gates 5405 Park Central Court James McVev 5405 Park Central Court and the percentage of stock owned by each. If the property is ox~ ned by a CORPO[-L&TION. list the officers and stockholder? Nari~' and ,\ddrc:;s, and L)t'fice Percentage ,of Stock .\I'PI It klI()N FOR P{:Bl_l( HE \RING t-()R SI-\ND&RD RkZO'~E-I(~,uY} MAY 2 B 2002 Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED P,XaRTNERSHI2, list the name o£the general and'or limited partners. Name and Address Percentage of Ownership If there is a CONTP~CT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names or' the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: It' an,,' comingencs' clatise or contract terms involve additio~al partie.~, [:< ali individttals or officers, if a corporation, partnership, or trust. _ Name and Address .\PPLIC,\I ION F(IR PI}ILl( HEARING FOR ':, [ ~.NDAI{D RE/3221-_2_:_!!!,?_~,~ 2 8 2002 "' .+ :: oqO Date subject property, acquired leased Term of lease If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date yrs./mos. and date option Should any changes of ownership or changes in contracts for purchase occur hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the properw covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (41) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If' questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section' 21 Township' 49S Range: 26E Lot: Block: 16S Subdivision: Plat Book Page Property I.D.#: 362422(K001 ~letes & Bounds Description: 4. Size of property:_ ft. X ft. = Total Sq. Ft. 161172 5. Address/general location ofst, biect Property: __2134 51~ St. SW .&cres ', ,' ' Adiacent zoning and land use: Zoning Land use ~,Pl'll¢ .\1'1~', I~t~l', }'{ llLl( I-IE~,RIXG FfIR%I ~,ND&RD REZONE- 10 o8 MAY 2 § 2002 N RSF-3 S RSF-3 E RSF-3 W RSF-3 residential neithborhood. Golden Gate residential nei2hborhood. Golden Gate residential neio~hborhood. Golden Gate residential neighborhood, Golden Gate Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property'. (If space is inadequate, attach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page __ Property I.D.#: Metes & Bounds Description: ,'7 . Rezone Request: This application is requesting a rezone from the RSF-3 zoning district (sl to the RSF-5 zoning, district{q). Present Use of the Property: undevelot0ed property Proposed Use for range of uses) of the property: RSF-5 sin<le-fi~miiv residential Evaluation Criteria: Pursuant to Section 2.7.2.5. or' tt.te Collier County Land Development Code, staffs analvsis and recomn.tendation to the Plannin_o CommissiOn, and the Plannin~o Commission's recommendation to the Board of Count,,' Co~.tmissioners shall be based upo~ consideration of the applicable criteria noted below. Provide a narrative statement describin~ the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. .kl't'l 1{' 'ti I~ ~X l~'(~l~l P[__B]~ I(~.._.~}I_E &.RI's(; F'()R $1' 'tx,[}kRD REZI)NF - 1~) ~,~ MAY 2 8 2002 - }}7~ether the proposed change will be consistent ~ith the goals, objectives, and policies and future land use map and the elements q£the growth management plan. The proposed zoning is consistent with the .~oals and objectives qf the Growth Management Plan (GMP~, includin~ allowable density in the urban desi. gnated area of' Collier County. The existing land use pattern. The existin,~ land use pattern is single-family. sin.gle famih' uses. The proposed rezone will also be for The possible creation of an isolated district unrelated to adjacent and nearby districts. Tthe proposed project will have a density consistent with surrounding properties, the product type will be similar to the surrounding single famih~ homes. Whether existing district boundaries are illogically drawn in relation to existing conditions on the propero' for the proposed chan?. 3/0. ffT~ether changed or chan~ing conditions make the passage of the proposed amendment (rezone) necessam'. The reauested zoning is necessam' in order to provide additional competitive priced sin~te~famih' housin~ in the Golden Gate marke~. l[7~ether rite pro?axed change wilt adve~ueh' influence livinz conditions in ~he neighboHtood. The proposed zoning, change will not adversely iJ:/Jttc.,~o¢ Ii'Hug conditions in thc nei.~.hborhood. UTtether the pro?osed change will create or excessiveh, increase ira. file congestion or create O~pes qf trq?~c deemed incontparible wi:h surrounding land uses, because peak volumes or prq/ected O~es 2f vehicuiar rr~(fiic, including acm, i~' during construction phases of the development, or othct~t'isc c(,(])ct public ,4s shown in the attached D'atfic hnpact Statement. the proposed pro/ecr wili nor adversely impact the roadway he,york. 8. ~'7~ether the proposed chan~.e will create a drainage problem. Stormwater Management will be reviewed by Collier County at the time o_f plattin.g. 9. II7tether the proposed change will serioush' reduce h'ght and air to ad/acent areas. ! O. UTzedter the proposed change will serious/)' q(~'ecr properO' vcdues in rlte ad/acc,,tz The prop,_~sed si;:g/e.j?m/'c homes ~t'/! bo consiswnr ~t irh die size similar It ~ttc~ in []to Lmmcdiaze area. \l'l'l_l{' k'l'lOX F~)R PI }l[_l~ HL kRI',,'~. Iq }R ,. I'.kNI)&.RD REZONE -10 uS MAY 2 B 2002 11. ~['~hether the proposed change will be a deterrent to the inzprovement or development of adjacent property, in accordance with existing regulations. This project will result in single famih, housing in an area where multi-family housing is not desired by the community. ,,ts such, this project will Potentially improve the nature of developtnent of the surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an indi~Jidual owner as contrasted with the public welfl-~re. No. 13. ]4. ]5. /6. 17. ~7~ether there are substantial reasons why the property cannot be used in accordance with existing zoning. If developed under the existin,g zoning' the resultin,~ homes wouM have to be s~n~ficanth, smaller than the average home size in the area in order to be price competitive. The onh, alternative to sin,gle_familv zoning would be multi-famih' ZOtll'll~, }~7tether the change suggested is out of scale with the needs of the neighborhood or tlze COtlHtV. As the land values in Collier County increase, the opportunig' to provide sing[~. jamih' homes at or below the current median home price will become more l~mited. The proposed zonin,g will result in more q,(fordab[e home ownershio ooportunities in an area where the ~'acant land suvph' is diminishing. ~7~etl~¢~' it is impossible to find other adequate sites in the cot.to'for the pro?osed use in districts alrectc~x' permitting such use. Land values in other areas do not ~picalh' permit the t~pe of'construction ami t~?ordabilitv that thi~ profec[ can achie~'e. The £hysicai characteristics of the properO. and the de,~.ree or'site alteration ;~'hich would be required to make the propert)' usablejbr anv-of d~ range of potential z~ses' under the pro£osed zoning claxs!fication, Cto'rentJv the proposed site is undeveloped. Required aheration with the exception vertical construction wil/ be minimal. }}'~'tter attd Sewer availabi[itx, will be accomplished by an assessment district through FGU.4. .kI'PI_ICAI ION FOR _t'_._t BLI(' The impact of development on the availabili~, of adequate public facih'ties and services consistent with the levels of scm'ice adopted in the Colh'er County gro~vth management plan and as defined and implemented through the Collier Cbuna' .4dequate Pubh'c Facilities Ordinance [Code ch. 106, art. I[], as amended. The proposed prq/ect will have no impact to County water and sewer t~cilities. Thc ~ ~tilitv provider will be FG~4. bnpacts to roadways will be minimal and within the h'mits established bt' thc MAY 2 8 2002 1( 11. Szwh o~herj~ctors, standards, or criteria tha~ the board of com~O' commissioners shall deem imponan! in ~he proteczion of the public heafih, safeo', and welfare. ~7~ile the Counw' is seeking more affordable home ownership opportunities, this £rojec~ as.?romosed will serve a much needed section of our population. ~'~hout $his rezone, the onh' rernaininxcfinancialh' feasible alternative ~o the pro?ertv owner will be multi-family housing, focused on the rental market. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, howevei', many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Wa Additional Submittal requirements: In addition to this completed application, the t311owing shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. copy' of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen ('15} copies of a 24" x 56" conceptual site plan [and one reduced 8!?' x 11" copy of site plan], drawn to a ma:dmum scale of 1 inch equals 400 feet, depicting the following [Additional copies or' the plan may be requested upon completion of staff evaluation t'or distribution to the Board and various advisory boards such as the Envirorm~ental Advisor-,' Board (E.~d3). or CCPC]' · all cxistim, and proposed structures and the dimensions thereof. · provisions for existing ancL,'or proposed ingTess and e~'ess l including pedestrian in,ess and ekn:ess to the site and the structure(st on site I. · all existing and. or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas. · proposed locations for utilities (as ',,,,ell as location of existing utility se~4ces to the site}, · proposed and, or existing landscaping and buffeting as may be required by' the County, ~. An architectural rendering of an.',' proposed structures. 2. An Environmental knpact Statement (EISh as required bt-Section 3.S. otTthe L. 3::d Develc,~:n:ent Code ~LDC}. or a request for ,~vaiver if appr~priat. Al'PI I~ \I'l~)x F(}l{ PI'BI 1~ HE\RING Fi)RST\',ilJ-\RDREZON£-ll)U~q January 31, 2002 Mr. Ray Bellows Planning Services Collier County 2800 N. Horseshoe Drive Naples, FL 34104 RE: Block 168 Golden Gate Rezone Dear Mr. Bellows: Golden Gate Capital, Ltd., the current owner of' the land comprising respectfully requests that henceforth I be designated as the agent for this rezone. Thank you. Sincerels; Block 168 GOLDEN GATE CAPITAL, LTD. BY: MARQUETTE DEVELOPMENT COMPANY, Managing General Partner By: James G. O'Gara, President MAY 2 B 2002 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED V¢ITH APPLICATION PACKET! R E Q UIREMENTS Completed Application Copy of Deed(s) and list identifying Oxta~er{s) and all Partners ifa Corporation Completed Owner/Agent Affidavit, Notarized # OF COPIE S 15 REQUIRED Pre-application notes/minutes 15 Conceptual Site Plans Environmental Impact Statement - (EIS) 4 4 Aerial Photograph - (with habitat areas identified) Completed Utility Provisions Statement {with required attachments and sketches) 4 4 Traffic Impact Statement - (TIS) Historical & Archaeological Survey or Waiver Application Copies of State and/or Federal Permits Application Fee, Check shall be made payable to Collier County Board of Commissioners NOT REQUIRED Architectural Rendering of Proposed Structure(s) 1. Other Requirements- A.s the authorized agent'applicant for this petition. I attest that ail of the information indicated on this checkiisr is included in this subrrSrtaI package. I understand that failure to include all nezessa~,' sub--rial information mav in the ~elay oF~ocessing tliis petition. --' .~A.' .- ~ ~. ~ ~ /' _ / ~ ~- . : : t,~pphcant S~ature Date ,4FFIDA tIT We. 7. being first dub, sworn, depose and say /tat u'e 7 am, are the owners qf the proper~v described herein and which is [fie sub/ecr m~t[er oS the proposed hearing: that ali the ans~ve~x to the questions in this applicat)on, includin~ :ire disclosure oJ'interest inlbr,tation, all sketches, data. and other supplementa~, matter a:raci~d ;,9 end made a part qf this application, arc honest and true to the best of our b;owledze and belict; [I.~ [ understand thcs[ rite i~Tbmn~ttion requested on this ctpplica[)on .tu,~'t be' ~omplerc .TJ~d cwc:~rc,'te and that the content et't/tis form, whether com£uter ,generated c,' (70o n,_-,[ Fc ~d,rcre'd. Public hc~ri.~.~ ~zl'i rog[ be mlvertised ttutil [hiy cLpF[iC~ltlrplt I.V ([, xPPLIt s, ll(}x, FlOR P! BI I< It~ x ~lXd. F()I{qTx\D~.I.[D REZ(')\E- I0~5t ., t ., .,, . . , _ MAY 2 8 2002 Warranty Deed CUNTILACT N UM Il Eli I*AIICFJ. NI IM|II.:It 23- l 6q 3qq'7 FI.'/)I';I~.AI.'I'AX (I.1).) NtlMl!.t':l), This hulcJmtre..u.te Ihi,~ 7' day .l'.Scp~cnlbcr. 2000 lk~wcc. AVATAR PI/OPl~IVI'II~S 1NC.. P.O. i~ox CAP[I'A l. I fiD.. :~ Bo,'id:~ limilcd p:umcrsl tip..horn pm[ office ;.hlrcss b 5.ffi5 Park Center ~t.t N:Me~. Hori, b ;WI 09 p:.'ty(~) (fl'thc xeco,.l ])art. Wil.cs~cth. 'I'll:it thc said I~ar'ry of/lie tlm i)m, for :md in ctmxhb:~fi.n .1' ~l~e ~.m ur TEN l.fl, hi~tl[cir hci~ and a~xigm forever, fl~c lbl[o~ag described lamh SI?.I.'. F.XI-IIIlrI"A' A'!q'ACI-IED I I I.'.,R,,r:I'O AND IlY lll,~FI,'.RENCN H I.:11 £IN MADE A P;\RT H 1,: REO F. Subject ~o taxes for the current year, easements, re~tfictions and reservations cf record. THIS IS VACANT LAND AND 1S ,"lOT SUBJECT TO HOMESTEAD EXEMPTION AND NEVER HAS BEEN. And the said parly of the first part does hereby fully warrant the title to said land, and will Ce?end the same against the Iawful claims of ail persons whomsoever. .TI',,VI'?', {.)F Ft.OI{iD;\ C.m,ty .f Miami-D:ulc dcxril~-d i. :md who cxco.cd thc fl~i'cg, bg htslr, mcm. ;..[ lu~ ;~cknowlolk~'d Ibc execs:rio, thcrco/'to !~ :~ Whnc.-;.~ ,nv h:md and ,)llicbl 'u::d at Mb,.i. '~hl cmml¥ :iud ~t;flc, un ltli:~ :ho l l',h d:Lv .fSctxc:nhc:', 2L)t)O. MAY 2 Il 2002:': ~) .5. z PLAT ~OOY--, { DL.(~K 16B MAY 2 8 2002 199663 ALL FIFEURE ~ OF LOTS IN UNFr $. GOLDI~ GATE SUBDMS]O~. p~r plaC recorded in P~&t lJook S. l~8~s 117 through ]23, of the Publ/e Re~ords of ColXle~ County'. FXoFIdo. ~RF. AS, GULF AI~RICAN CORFORATI~, a Flortda eor3>o~stim, Fluids. a~ ~ a~ desl~at~ as GO~ ~ S~I~SI~; to ~ ~~ a ~ oF bs~i~/~s, setting fo~h ~ral d~l~ ~, Jt to ~sl~ to est~llsh t~ ~ to b~ a~or l~s l~t~ In ~lt 5 of said de~l~ eot~hed ~ ~lt S, ~ ~TE S~D~SI~. ~r plot Plat B~ 5, h~ ~17 ~ 123 ~ t~ ~lle ~ ~ Co.er 1. ~at ~e desJ~t~ l~s l~at~ ~n t~ fo~g bl~ f~y d~IUnP ~Y. ~ t~ z~e desi~at~ 177 178 2. ~t ~ dest~t~ lots l~a~ in t~ fol~J~ ~ ~s~t~ ~o ~ ~ for ~sidentiel pu~oses ~Jsti~ of f~1ly d~11t~ ~ly, In the z~ desJ~a~ R-~ ~6o ~ 163 ~. ht t~ desJFt~ l~s ~lt~ In the fo~i~ LCrr~ * 165 2002 ~LOCK 172 th~oUSb 176 ALt ii[ 338 #. Timt the designsted lots located in the follo~l~ bloek~ a~e ees~rlct~l to be used for ~sldentlal imrpo~es cmm~mtln~ of duplexes, in the zone designated R-2: LOTS 157 166 15 - 5. That ~he designated lots located in the follm~Ang blockm are ~strtc~d to b~ used for multiple f~mlly d~tn~, In desi~M ~ - 39 6. T~t ~ desi~t~ l~s l~t~ in t~,e foll~ng ~1~ a~ ~s~i~ to ~ ~ for ~i~ss p~es ~ly: ~ ~i~ to ~ ~ f~ civic ~~ ~y: 171 179 8. T~r ~e s~e o~ ~be butldin~ to ~ c~s~ct~ ~ these v~tu 1~ s~ ~o~ to t~ ~i~nt~ ~s set fo~h 1969. Vice' President MAY 2 8 2002 MFFI~.SS my hand and offficlnl serl st Iflemi, said county and state, tht~ ~ .~..,,.,. ~'c~A.U., 1969. - ..... ' ..... , ~'. '.t.'",'"¥='-.: / ,' ..-,o : ,' [.: ,[.,.., '.:.~ '... /' /~ ' / / ., ~ '..~ : ,~ ~,'. '~ .... ': // '., . .: ~ :. :"'.. ,ot,~ ' ',~ ::~._J"..."' ~ ".'.:: / ' · ,.... ,,.'-~.=::~ :....- ~ C~81~n £x~J~: .f:,,r,,....-........~.... -3- NIAY 2 8 2002 - ORDINANCE NO. 02- AN ORDINANCE AMENDING OR~ANt~.~ER COLLIER COUNTY LAND DEVELOPMENT ~61~ ~-I1CH THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9621S BY CHANGING THE ZONING CLASSIFICATION FROM "RSF-3" TO 'RSF-$" RESIDENTIAL SINGLE FAMILY DISTRICT OF THE HEREIN DESCRIBED PROPERTY LOCATED IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, James G. O'Gara, President, Marquette Develpment Corporation, representing Golden Gate Captial, Ltd., petitioned the Board of Cotmty Commissioners to change the zoning classification of the hereto described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County Florida, that: SECTION ONE: The zoning classification of the real property located in Section 21, Township 49 South, Range 26 East, Collier County, Florida, more particularly described as: Block 168, Golden Gate, Unit 5, recorded m Plat Book 5, Page 118 of the Official Records of Collier County, Florida, is changed fi.om 'RSF-3"to "RSF-5" and the Official Zoning Atlas Map numbered 962 IS, as described m Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions. (EXHIBIT "A") SECTION TWO: This Ordinance shall become effective upon filing with the Department of Slate. 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 Matjorie ~. ~t~dent' ' Assistant County Attorney RZ-2001-AR-1143 AGENDA ITEM MAY 2 8 2002 CONDITIONS OF APPROVAL (RZ-01-AR-1143) a) b) c) d) ;e) g) h) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final site development plan approval. The developer shall provide sidewalks at the time of preliminary subdivision plat review as approved by the Collier County Transportation Department. All residential units shall have a minimum floor area of 1,000 square feet exclusive of the garage. The site and all structures shall comply with all applicable codes and ordinances, as may be amended or superceded. The project shall connect with the water and sewer utilities that are available in the area. The project shall meet the applicable development standards of the RSF-3 Zoning District. The development of Block 168, Unit 5, Golden Gate Subdivision shall not exceed 16 residential units. EXHIBIT "A" MAY 2 8 2002 EXECUTIVE SUMMARY AN ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; SETTING FORTH THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; .p~OVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSMENT RATE; PROVIDING FOR TAX AND ASSESSMENT IMPOSITION AND COLLECTION; PROVIDING FOR THE CREATION OF THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE; PROVIDING FOR COMPOSITION, NOMINATION AND APPOINTMENT; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR A REVIEW PROCESS; PROVIDING FOR OPPORTUNITY TO COMMENT PRIOR TO INITIAL IMPLEMENTATION OF USE OF TAXING OR ASSESSING AUTHORITY; PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF PRIOR ORDINANCES, INCLUDING REPEAL OF ORDINANCE NO. 90-111, AS AMENDED, THE ORIGINAL 1990 ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, ORDINANCE NOS. 91-22, 98-113, 99-98, 2000-22, 2000-82 AND 2001-19 AND PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF ORDINANCE NOS. 78-67, 80-53, 82-122, 85-9, 86-29 AND 88-35 RELATING TO STREET LIGHTING; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. ~: That the Board of County Commissioners (Board) consider an ordinance creating the Pelican Bay Municipal Service Taxing and Benefit Unit (MSTBU) and superseding, repealing and consolidating prior ordinances related to Pelican Bay. CONSIDERATIONS: The proposed MSTBU ordinance for Pelican Bay has as its purpose the consolidation of pre-existing ordinances into one easily read and understood ordinance, with some modifications that express the will of the property owners within the Unit. Attached as Exhibit A is a report prepared by interested parties referencing (at pages 8 - 9) comments from Collier County Clerk of Courts, Dwight E. Brock, outlining the similarities and differences between the current MSTBU ordinances and the new proposed ordinance. Also attached as Exhibit B is the proposed ordinance in its entirety. Pages 8 and 9 of Exhibit A sets forth the background leading up to the development of the proposed ordinance. Those pages also summarize the form of government and organizational requirements for the MSTBU preferred by the residents and citizens of Pelican Bay. As indicated in Exhibit A, many of the essential provisions of the previous MSTBU ordinances remain the same (see pages I and 2 of Exhibit A). The significant differences between the prior and proposed ordinances are outlined in pages 3 - 7 of Exhibit A. These MAY 2 8 2002 changes in the composition of the Pelican Bay MSTBU Advisory Committee and in the appointment process to be followed by the Board of County Commissioners with regard to members of the Committee. There is also a change in regard to the functions, powers and duties of the Committee which will now be specified under the proposed ordinance in accordance with a memorandum of agreement/letters of ~mderstanding which will outline that the intent of the operation of the MSTBU is to allow the MSTBU Committee to make decisions and have control regarding the day to day operations of the Services Division to the maximum allowed by law. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Costs are to be borne by the Board of County Commissioners and are estimated to be 2,500.00 or less every two years if the Clerk's proposed polling methods are utilized. However, the attached report (at page 7) indicates greater costs if other polling methods are utilized. RECOMMENDATION: That the Board consider approval of the attached ordinance creating the Pelican Bay MSTBU and superseding, repealing and consolidating prior related ordinances. Further, that the Board authorize the Chairman to sign said ordinance if approved by the Board. PREPARED BY: "(o ~)"~v i ~ ~'. Weige~, h:/Public/David/Exec Sumnv'200Wordinance creating pelican bay mstbu.052202 I AG'~',iD_AJI,EM NO. _¥(C) MAY 2 8 2002 I0 NO. ~ MbT 2 8 2002 p~;. ~ AGENDA ITEM No._ ~ . HAY 2 8 2OO2 PI~. ~ AGENDAJ'[EM NO. MAY 2 8 2002 Pg. ~ -j. AGEND__A iTEM MAY 2 8. 2002 0 0 -H ~o C- 'N ::3 o__., :::3 · AY 2 8 2002 [ ~. ~0 MAY 2 8 2002 F,~. ___i } J ORDINANCE NO. ~ AN ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; SETrING FORTH THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNqLNG BODY OF THE UNIT; PROVIDLNG FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSlVIF_~I' RATE; PROVIDING FOR TAX AND ASSESSMENT IMPOSITION ANrD COI J.ECTION; PROVIDING FOR THE CREATION OF THE phI_ICAN BAY MUNrlCIPAL SERVICE TAXING AND BENEFIT UNFIT ADVISORY COMMIITEE; PROVIDING FOR COM?OSmON, NOMINATION AND APPOINTMENT; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICF~S, QUORUM, RULF~ OF PROCEDURE; PROVIDING FOR RE[MBURSF_2VIF.,NT OF EXPENSES; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OFTHE COMMITTEE; PROVIDENG FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR A REVIEW PROCESS; PROVIDING FOR OPPORTUNITY TO COMMENT PRIOR TO INITIAL IMPLF2vlENTATION OF USE OF TAXING OR ASSESSING AUTHORITY; PROVIDING FOR SUPER. CESSION, REPEAL AND CONSOLIDATION OF PRIOR ORDINANCES, INCLLrDING REPEAL OF ORDINANCE NO. 90-111, AS AM~I'?DED, TI-[E ORIGINAL 1990 ORD~Z~ANCE CREATING THE PELICAN BAY MUNIC2AL SERVICE TAXING AND BENF..FiT UNIT, ORDINANCE NOS. 91-22, 98-113, 99-98, 2000-22, 2000-82 AND 2001-19 AND PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF ORDINANCE NOS. 78-67, 80-53, 82-122, 85-9, 86-29 AND 88-35 RELATING TO STREEt lIGHTING; PROVIDING FOR CONqel.,ICT AND SEVERABIL1TY; PROVIDhNG FOR CONSTRUCTION; PROVIDING FOR INCLUSION hN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY TI-~E BOARD OF COL.'NTY COM~MISSIONERS OF COLLIER COUNTY, FI.DRIDA, that: SECTION ONE: Creation of the Pelican Bay Municipal Service Taxine and Benefit Unit. Pursuant to Chapter 125, Florida Statutes, and Collier County Ordinance No. 88-23, the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter "Unit") is hereby created for the purpose of providing street lighting, water management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilit/es, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the lan~caping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. While repealing prior ordinances pertaining to the Unit, the purpose of this Ordinance is to adopt a new ordinance that consolidates said preexisting ordinances into one easily read and understood ordinance, with some modifications that express the will of thc property owners within the Unit. NO. 15 (t¢ ~ _ 1 MAY282002 Pg lc,D,, SECTION TWO: Boundaries of the Unit. The Pelican Bay Municipal Service Taxing and Benefit Unit is comprised of and includes those lands as described on the attached Exhibit "A" and as depicted on the map attached hereto as Exhibit "B". SECTIO_N THREE: Governing Body. The governing body of the Unit shall be ex-officio the Board of County Commissioners of Collier County, Florida. ~ purpose: Powers. The Unit is formed for the purpose of providing street lighting, water management, extraordinary law enforcement service and beautification, i~cluding but not limited to beautification of recreation facilities, sidewalk, street and median areas, identificati on markers, the maintenance of conservation or preserve areas and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and benefit unit and to that end shall possess ali the powers to do all things reasonably necessary to provide such services. SECTION FIVE: Annual Estimates of Expenses; Taxation 8: Assessment Rate. For the purpose of carryang into effect and the adrmnistration of this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, review and adopt an itemized estimate of the amount of money required to carry out the business of the Unit for the next fiscal year, which shall be from October 1 to and including September 30 following (the "Budget"). The proposed Budget shall be prepared in consultation with and reviewed by the Municipal Service Taxing and Benefit Unit Advisory Committee (the "Committee") prior to its consideration by the Board of County Commissioners and after review by the Committee, the budget shall be heard, considered and adopted by the Board of County Commissioners as provided for herein. The proposed Budget shall describe the purpose or purposes for which the moneys are required and the amount necessary to be raised by taxation and special assessment within the Unit. At the time and place for establiahing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation or assessment a millage and assessment suf'fieient to meet the requirements of the Budget; provided, however, the total millage .ehall not exceed the millage authorized by law for municipal _ , AGENDA ITEM NO. ~(C~-~ _,, MAY 2 8 2002 service, taxing and benefit units. SECTION SIX: Tax and Assessment, Imposition and Collection. Taxes and assessments herein provided for shall be levied and assessed, imposed and collected in the same manner and form as provided for the levy and assessment and collection of general County taxes subject to the same fees for assessing and collecting as general County taxes in accordance with general law. SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxine and Benefit Unit Advisory Committee. Concurrent with the passage of the Ordinance, an eleven (11) member advisory committee to be known as the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee is hereby created. Those individuals who arc members of thc Committee pursuant to Collier County Ordinance No. 90-111, as amended, as of the moment prior to the effective date of this Ordinance. shall continue on as members of the Committee until March 31s: of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. SECTION EIGHT: Composition Nomination and Appointment A) The Committee shall be representative of the residential, business and con-,,merciz! interests and landowners in Pelican Bay. To that end, nine (9) of the Committee members shall be representative of the residential interests within the Unit and two (2) of the Committee members ' shall be representative of the commercial and business interests within the Unit. Members of the Committee shall be appointed by and serve a~ the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein. The nine (9) comrmttee members representative of the residential interests within the Unit shall be residents of and qualified electors within the Unit. The two (2) Committee members representative of the eommercial/busines~other interests shall be residents of and qualified electors in Collier County. Appointment of members to the Commiuee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of off~ce. Any member of the Committee who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status. Upon the Board of County Commissioners receiving such notice, otheva, ise becoming aware of such vacancy, or if a vacancy occurs by any other process, 3 AGENDA ITEM NO. _ MAY 2 8 2002 Commissioners shall declare ~hc position to 1~ vacant and shall promptly consider filling the vacant position with a person meeting ~he rexluisite qualifications as outlined herein: i) who continues to desir~ to be appointed and ii) who, in the immediately preceding r~commendatory balloting received the greatest number of votes among the unsuccessful candidates vying for the position (i.e. "R~sidential inte~st" or "Commercial/Business/Other interest") which has become vacant. B) The terms and provisions of Section Six of Collier County Ordinance No. 2001-55, titled "PROCESS OF APPOI~'TMENT' shall not be applicable to appointment of members to the Unit. C) Upon adoption of this Ordinance, all of the members of the Committee shall be appointed by, and all vacancies shall be filled by, the Board Of County Commissioners, in the manner outlined herein, beginning with appointment to the Committee of members to fill expiring memberships. All appointments of members to the Committee shall be at the sole and complete discretion of the Board of County Commissioners. Provided however, that the Board of Count)' Commissioners will take into consideration and give great weight to the recommendations of the property owners within the Unit, utilizing the process outlined herein. Beginning with the second Tuesday in December, 2002, and each second Tuesctay in December thereafter, the Board of County Commissioners shall publicly announce and advertise all current vacancy(les) on the Committee as of that date and shall rrxiuest that applications be submitted to the Board of County Commissioners to fill the expired term(s). All such applications shall be submitted in writing to the Board of Count)' Commissioners no later than 28 days after said announcement as deterrmned by the postmark on mailed applications and the time stsmp on hand ctelivered applications. The name(s) of all appropriately qualified inclividuais timely submitted to the Board of County Commissioners shall be considzi~d nominees for appointment to till said expired term(s). The Board of County Commissioners shall then publish ssid list of nominees and the positions on the Committee for which they have been nominated (i.e., for the "residential interests" or for the "commercial/business/other interests") and deliver a conformed copy thereof to the Clerk of Courts (the "Clerk"). The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the AGENI~ I..T, .F...M NO. 4 MAY 2 8 2002 non-govcrrunental property owners of thc class (i.e. "Residential or Commcmial/Business/OthcF') corresponding with thc class for which thc balloting is occumng ("Resid~ntia! or Commercial/Business/Other") within thc Unit no lass than thirty (30) days prior to thc balloting date. Said balloting date being set by thc Board of County Commissioners. E) i. One (1) indivisible vote may be cast for each parcel in thc Unit regardless o,~ the number of persons who have an ownership interest in thc property or the m~ncr in which title i ~ held by them, with each discrete parcel being those as listed by the Property Appraiser of Collier County and as approved by resolution of the Board of County Commissioners. Commercial/Business/Other owners cast ballots only for "Commercial/Business/Other interest" positions and Residential owncr~ cast ballot~ only for "Residential interest" positions. Only one ballot shall be counted for each parcel. If multiple ballots arc cast for the same parcel by owners of record, all ballot~ for that parcel will be dccmcd invalid. It is not the responsibilit)' of the Clerk or thc County Attorney to determine or select the ballot to be counted wherein multiple ballots for a parcel arc cast as described herein. ii. For purposes of determining record title owners of property entitled to cast ballots, the listed record titlc owners of property as cvidcnccd by thc Collier Count), Property Appraiser's tax roll~ as of ~ixty (60) days prior to thc balloting date shall bc utiliz~ and deemed conclu.~ivc. Not less than forty-fivc (45) days prior to thc balloting date, the Property Appraiser shall providc thc Clcrk and thc Board of County Commissioners with the list of all parcels within thc Unit, each parcel's idantificafion number, the names of thc property owners and their addresses, with said list d~signafing cach parcel as cithcr residential/commercial/other (based upon the Property Appraiscr'.~ classification system). iii. Thc mail ballots shall bc cast directly with the Clerk. At th~ place and time .~tatcd in thc notice of thc balloting published by thc Board of County Commissioners, the Clerk, with thc assistance of the County Attorney's Office, shall open and count the ballots, which have be, Ch rctumc, d to thc Clerk as of thc data and t/me stated in such notice of balloting, in a manner which thc Clcrk deems advisable and not inconsistent with the provisions of this Ordinance. Any member of thc public shall bc entitlc, d to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall bc final. iv. Thc nominee(s) receiving a plurality of the ballots cast in each category of AGEN '~-~ .5 NO. MAY 2 8 2002 membership shall be deemed thc successful nominee(s) and their name(s) shall be reported and forwarded to thc Board of County Commissioners. Thc Board of County Commissioners shall then, at their next regularly scheduled mccting, make thc necessary appointments to fill said positions. F) Thc cost of thc nomination and balloting process shall be borne by the Board of County Commissioners. SECTION NINE: Terms of Office. In 2002, of the four (4) terms which are expiring: i) two (2) positions shall be filled with persons representative of the residential interests who shall each be appointed for a four (4) year term; and ii) two (2) positions shall be filled with persons representative of the commercial/business/other interests, wherein one (1) person will be appointed for a four (4) year term and one (1) person appointed for a two (2) year term. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Each new term of appointment will begin on the date of appointment and expire on March 31sL A member of the Committee may be reappointed by the Board of County Commissioners without limitations. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION TEN: Removal From Office; Failure to Attend Meetines. A) Any member of the Committee may be removed from office by a majority vote of the Board of County Commissioners. B) Notwithstanding the provisions of Collier County Ordinance No. 2001-55 as to attendance, if any member of the Committee fails to attend two (2) consecutive Committee meetings without a satisfactoD' excuse, as determined by the committee, or if a member is absen~ from more than one-half of the Committee's meetings in a given fiscal year, the Committee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners in conformance with this Ordinance. SE(:TION ELEVEN: Officers: Ouorum: Rules of Procedure. A) At its earliest opportunity, the membership of the Commiuee shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year, with eligibility for re-election. B) The presence of six (6) or more members shall constitute a quorum of the Committee 1 AGEN~A) T~M NO. HAY 2 8 2002 necessaD' to take action and transact business. In addition, an affirmative vote of a majority of the members present shall be necessary in order to take action, except that an affirmative vote of seven (7) or more members present shall be required to recommend the Budget for the Unit to the Board of County Commissioners. C) The Committee shall, by majority vote of the entire membership, adopt roles of procedure for the wansaction of business of the committee and shall keep a detailed record of meetings, resolutions, findings and determinations. SECTION TWELVE: Reimbursement of Expenses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION THIR~N: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be as follows, and shall be carried out consistent with the provisions of the Memorandum of Understanding/Letter of Understanding referenced herein: A) With the assistance of the County Manager, provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in this Ordinance. B) Upon any decision by the Board of County Commissioners to dissolve, merge or otherwise change or discontinue the functions or services provided by ~he Pelican Bay Improvement District, the Committee shall be prepared to and shall aid, assist and provide input to the County Manager and the Board of County comn'ussioners, within the time frame requested, in effectuating a smooth and expeditious transfer of street lighting, water management and beautification sen'ices, responsibilities and obligations to the Unit. C) With the assistance of the County Manager, to prepare and recommend to the Board of Ceunty Commissioners an itemized Budget of the amount of money required to carry out the business of the Unit for the next fiscal year. D) The Committee shall recommend work programs and prior/ties to the Board of County Commissioners in accordance with the adopted Budget or Budget amendments which may be adopted by the Board of County Commissioners in accordance with law. The execution of work A G EN&g,A J,T.F.M ? NO. __Z>_X/C) HAY 2 8 2002 programs shall be under the direct supervision and responsibility of the County Manager with the assistance of the Committee and County staff in accordance with the Memorandum of Agreement/Letter of Understanding. Said work may be performed under contract (in accordance with law and County policy) or by County forces. E) To enter into a Memorandum of Agreement/Letter of Understanding with the Board of County Commissioners, and with the County Manager, wherein the parties outline that the intent in the operation of the Unit is to allow the Committee to exercise decision and control of the day to day operational affairs of the Unit to the maximum extent hllowed by law, unless and except when there is some overriding governmental reason to do otherwise. SECTION FOURTEEN: Duties of the Count5' Manager. The duties of the County Ma~:ager or his designee shall be: A) To administer the activities of the Unit in accordance with the Memorandum of Agreem6ntfLetter of Understanding, and the established policies of the Board of County Commissioners, subject to the terms of this Ordinance. B) To assist the Committee performing its functions as defined by this Ordinance including the preparation of the proposed annual Budget. C) Provide periodic written reports to the Comrmttee and the Board of County Commissioners on the activities of the Unit and its finances. D) To require any contract manager or employee manager of the Unit to report directly to the County Manager. SECTION FI]:rFEEN: Review Process. This Ordinance shall be reviewed once every four (4) years, in accordance with the procedures contained in Collier County Ordinance No. 2001-55, SECTION SIXTEEN: Opportunity to Comment Prior to Initial Implementation or Use of the Unit's Taxing and Assessment Authorit),. Prior to adopting the Budget for the Unit and implementing any taxing or assessment authority undcr this Unit, the Board of County Commissioners shall hold a public hearing upon reasonable notice in a local newspaper of general circulation. At such public hearing the Board of County Commissioners will consider the Budget recommended by the Advisory Committee and .p;ovide the public the opportunity to comment on the proposed Budget and the implementation or usc of thc Unit's taxing and assessment authority. 8 NO. tAY 2 8 2002 pg Iq SECTION SEVENTEEN: Supercession, Repeal and Consolidation of Prior Ordinances. A) Collier County Ordinances Nos. 90-111, 91-22, 98-113, 99-98, 2000-22, 2000-82, and 2001-9 are hereby repealed in their entirety. B) Collier County Ordinances No. 78-67, 80-53, 82-122, 85-9, 86-29, and 88-35 are hereby superseded and repealed to the extent same are either inconsistent or not harmonious with this Ordinance and consolidated with the Unit for the purposes of providing street lighting. SECTION EIGHTEEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of' Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional 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 NINETEEN: Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION TWENTY: Inclusion in 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 numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY-ONlY: Effective Date. This Ordinance shall become effective upon filing with the Department of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ATI'F~T: DWIGHT E. BROCK, CLERK I~avid C. Weigel - ~J County Attorney BOARD OF COUNTY COMMISSIONrF_.RS COl J.mR COUNq~Y, FLORIDA BY: JAMES N. COLE'Iq'A, CHAIRMAN AGEN.D,A~ NO. MAY 2 8 2002 ~ EXHIBIT A '[he Pelicon Boy Se~ices Distric! is comprised of and includes those land~ descn'bed os follows: A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed by the Pelican Bay improvement District, the .perimeter boundary of same more particularly described as follows: Commencing at the Southeast corner cf said Section 33; thence South 89 degrees 59 minutee 50 =econde West along the South line of Section 3] a distance of 150.02 feet to a point on the West right-of-way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West right-of-waY line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South O1 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South O0 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 Seet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance o~ 2662.61 feet; thence South O0 degrees Sl minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit I as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit i and the South line of said section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence de~krting said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B.. 15,' Page 121 among said Public Records 'a distance of 7385 feet more or less to'a point on said West right-of-way line of U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning. A G EN~'.'~A HAY 2 8 2002 Exhibit o~1 .1 P i AGEN~,,I.T~I~t~ NO..~ MAY 2 8 2002 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: OPJDINANCE NO. 2000-82 Which was adopted by the Board of County Commissioner~ on the 28th day of November, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County. Florida, this 7th day of December, 2000. DWIGHT E. BROCK :'.~-~ .~ .....~ i. '~. Ex-officio to Board Deputy Clerk No. _a~4~_- MAY 2 B 2002 Pg. ~_ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE CONTRACTORS' LICENSING BOARD OBJECT_IVE~: To reappoint 1 member to serve a 3-year term, commencing on July 1, 2002 and expiring on June 30, 2005, to the Contractors' Licensing Board. CONSIDERATIONS: This 9 member board determines the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine il'the holder ora certificate of competency of any contractor, master or journeyman should be disciplined. A minimum 3 members shall be in the category of "Consumer". The consumer representatives may be any resident of the local jurisdiction that is not, and has never been, a member or practitioner ora profession regulated by the board or a member of any closely related profession. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The terms for Gary F. Hayes, Sara Beth White and Les Dickson will expire on June 30, 2002. A press release was issued and resumes were received fi:om the following 2 interested citizens: APPLICANT CATEGORY John David Sokolik [ Master Electrician Les Dickson - re-appointment Roofing Contractor DIST ELECTOR ADV. COMM. Contractor~' Licensin$ Bd NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office Ibc Board members shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted that "By a unarfimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Mr. Les Dickson has served 2 3-year terms. Should the Board wish to re-appoint Mr. Dickson, the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDATION: Quasi-Judicial - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 28, 2002 NAY 2 8 2002 / COMMUNTTY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION B UILDI]VG REVIEW AND PERMI232]VG 2800 North Horseshoe Drive Naples, FL 34xo4 P. ECBVFn MEMORANDUM Board of Co~ty Co~'sston~ DATE: TO: FROM: SUBJECT: May 8, 2002 Sue Filson, Administrative Assistant Board of County Commissioners Ed Perico, Director Building Review & Permitting Department Contractors' Licensing Board I have reviewed the resumes for the Contractors' Licensing Board and listed the specific categories they are qualified for. They are as follows: John David Sokolik 3482 Quail Drive Bonita Springs, FL 34134 Lee County Residence Les Dickson 202 Monterey Drive Naples, FL 34119 Roofing We still need applicants for the Consumer position. If I can be of further assistance please do not hesitate to contact me at 403-2442. MAY 2 8 2632 & Contractors Licensing Board Work Phone Name Home Phone Mr. Kenneth Lloyd 430-6900 5408 Freeport Lane 594-~c~5 Naples, FL 34119 District: 3 Category: Consumer Mr. Gary F. Hayes 341 Airport Road North Naples, FL 34104 District: 4 Category: Specialty Contractor/Plumbing Mr. Kenneth H. Dunne 133 Sharwood Drive Naples, FL 34110 District: 2 Category: Engineer 643-2431 Mr. Michael D. Baril 832 Rose Court Marco Island, FL 34145 District: 1 Category: General Contractor 571-5280 594-0269 Mr. Walter Mitchell Crawford, I 1280 Venetian Way Naples, FL 34110 District: 2 Category: General Contractor 642-8755 596-0291 597-9604 Mr. Richard E. Joslin, Jr. 455-5000 595 13th Street, N.W. Naples, FL 34120 District: 5 Category: Licensed Commercial Pool/Spa Contr Appt'd DateRe-appt 09/11/01 09/26/95 05/25/99 11/27/01 11/27/01 06113/00 06/11/96 06/13/00 Exp. Date 2ndExpDate 06/30/04 06/30~96 06~30/02 06/30/04 06/30/04 06/30/03 06~30/97 06/30/03 Page I of 2 Term 2nd Term 3 Years - 1 Year 3 Years 3 Years 3 Years 3 Years I Year 3 Years 2'002 Contractors Licensing Board Perork Phone dppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Sara Beth White 346 Pirate's Bight Naples, FL 34103 District: 4 Category: Consumer 571-3345 649-8828 Mr. Leonard Cutler 5010 Kingston Way Naples, FL 34119 District: 3 Category: Consumer Representative 272-3406 598-2274 05/25/99 06/30/02 3 Years 04/09/02 06/30/03 1 Year 06/11/96 05/25/99 06~30/99 06/30/02 Mr. Les Dickson 202 Monterey Drive Naples, FL 34119 District: 3 Category: Roofing Contractor This 9 member board was created by Ord. No. 78-2, 85-42, 90-105, 92-61 to determine the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if a certificate of competency of any contractor, master or journeyman should be revoked. A minimum of 2 members shall reside within the corporate city limits of Naples or shall be recommended to the BCC by the Naples City Council. F! Stat, Sec 489.131, sub 10 states that 3 members must be consumer representatives. Membership should be licensed architect, licensed general contractor, licensed engineer, licensed electrical contractor, licensed plumbing contractor, licensed roofing contractor, licensed residential or building contractor and a licensed representative from one of the other specialty trades or professions requiring a Certificate of Competency as provided in the Ordinance. These cateaories are merelv directory and failure to have a member of each of FL STAT 489 Staff.' Ed Perico, Building Review & Permitting Director.: 403-2400 3 Years V,,/ 3 Years Page 2 of 2 2002 MEMORANDUM DATE: May 6, 2002 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CONTRACTORS LICENSING BOARD COMMISSION DISTRICT John David Sokolik 3482 Q,mil Drive Bonita Springs, FL 34134 Les Dickson 202 Monterey Drive Naples, FL 34119 Thank you for your help. MAY 0 8 2002 Boar(I of Count.~ Co~ssi~rs 2002 MEMORANDUM DATE: TO: FROM: May 6, 2002 Ed Perico, Building Review & Pe ~r~Sting Sue Filson, Executive Manager~ Board of County Commissionei~ Contractors Licensing Board Director As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes.received for your review as follows: John David Sokolik 3482 Quail Drive Bonita Springs, FL 34134 Les Dickson 202 Monterey Drive Naples, FL 34119 Please let me know, in writing within the 41 day time-fi.me, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please .ce_a.t.egor~ze the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. Attachments riehl Name: Home Phone: Board of Count).' Commissioners 3301 East Tami:tmi Trail Naples. FL 34112 {94I ) 774-81197 Fax: (941) 774-3602 Application for Advisory Committees/Boards Bonita Springs, Florida John David Sokolik (239) 498-6556 Home Address: 3482 Quail Drive, Zip Code: 34134 Fax No. 434-0843 Business Phone: 643-4515 e-mail address: jmpljds~earthlink, net Business: Beaumont Electric Company, Inc. 4584 Mercantile Avenue Naples, Florida 34104 Board or Committee Applied for: Contractors Licensing Board Category (if applicable): Master Eleca'ician, Estimator Example: Commission District, Developer, environmentalist, lay per,on, etc. Are you a registered voter in Collier County: Yes No Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yea If yea, please Hst the committees/boards: No X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: SBCCI licensed Residential Electrical Inspector SBCCI licensed Commercial Electrical Inspector SBCCI licensed Plans Examiner Experience: Collier County Electrical Inspector & Plans Examiner ( 4.4 yrs ) lnsm~ctor at Lorenzo Walker Institute of Technology ( 10 years ) Collier County Licensed Master Electrician (Dormant Status) Electrical Contractor (1987-1994) Please attach any addltional information you feel pertinen~ Tkt~ application skouid be f°twarded t° sue i~ls°n' Execaz~---- a~--~£°' fa th'' " Board of Count~ Commtrtaonen, $$01 £a~ rarniami trail, Nople~, FL $411Z if you wisk, please)ox your application~o (9~ ~ e-mail to ,uefdson~a,c. oHitrgov.,~, y'bank yau for volunte~'ing to ,ervt tbt ~'n~ of Coll~ ¢ounty. I ~0. _ ~"~ ~"~ ! 5335 Jaeger Road · Naples, Florida 34109 (941) 514-1100 · Fax (941) 514-2661 1 2 2002 6oard of CouPs Conatss~ April 11,2002 Board of Collier County Co~nmissioners Ms. Sue Filson 3301 East Tamiami Trail Naples, FL 34112 REF: Contractors Licensing Board Dear Ms..Filson:' ': :'. "- .-., :': ... "~' :..'i ~' :: ;'~.- · -...~.. :7 '..",.',:'.:~ 7,.-;: ,(,' . [ am writing to have my name ~on~idered for the upcOming opening in the Contractors LiCensii'~g Board as a Roofing Contractor. I am a Florida State Certified Roofing Contractor. and have been in this business for over thirty years. My company. Dickson, Inc. has also been in continuous operation in Collier Country since 1985. and prior to that having been a roofing contractor who worked in the 48 continental states with national accounts. I served two full terms on the Contractors Licensing Board in the early 1990s, and then stepped down. I was re-appointed eighteen months later to fill the remaining term of my successor who died during his term. I am now completing the first full term following · , .... a as.Vice-Chairman of the board. this rc-appom,,,en,,'-,,~, currently sep:e · Technically, I have not served two full terms in my latest tenure, but fully agree that this position should be offered to other local roofing contractors. Should no one be interested in filing for this position, I would be honored to serve another term. :' ' " '"':'": ' 'Permi cc: Mr. Ed Perico - Building Review & ttin Direct~ Mr. Robert Nonnenmacher - Chief License Compliance Officer ROOFING · SI F, ET STATE CERTIFIED CCC 042877 & CCC 056992 ESTABLISHED 1976 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE FOREST LAKES ROADWAY & DRAINAGE ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on April 2 I, 2006, on the Forest lakes Roadway & Drainage Advisory Committee. CONSIDERATIONS: This 5 member committee was created on March 10, 1992 by Ord. 92- i6 to aid and assist the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in Ord. 91-107. They also prepare and recommend an itemized budget, work programs and priorities. Members must reside within the Forest Lakes Roadway and Drainage MSTU. A list of the current membership is included in the backup_. The terms for Robert H. Jones and Thomas P. Watts expired on April 21, 2002. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY Robert H. Jones - re-appt ] Forest Lakes Resident Virginia M. Donovan I Forest Lakes Resident COMMITTEE RECOMMENDATION: DIST ELECTOR ADV. COMM. 4 I Yes Forest Lakes 4 ] Yes No Reappointment - Robert H. Jones New Appointment - Vkginia M. Donovan FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 28, 2002 8oard RECEIVED ~...,-.., 0 8 2002 of County Commissioners Me, morandum To: From: Date: Subject: Sue Filson Executive Manager, Board of County Commissioners Bob Petersen, Project Manage~) Landscape Operations ~¢~0 05/08/02 Forest Lakes Advisory Committee renewals At the April 26, 2002 Forest Lakes Roadway and Drainage MSTU Advisory Committee meeting, the Advisory Committee unanimously approved the renewals of Robert Jones and Virginia Donovan. C.' Edward J. Kant, PE, Transportation Operations Director Julio F. Ordofiez, PE, Senior Project Manager, Design Operations /mi Transportation Services Department AGENDA ri'EM 2002 Forest Lakes Roadway & Drainage Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Roger Somerville 190 Turtle Lake Court, #210 Naples, FL 34105 Category: 649-7157 10/23/01 04/21/03 2 Years Mr. William L. Seabury 501 Forest Lakes Blvd., #205 Naples, FL 34105 Category: 263-3643 04/25/95 04/21/99 4 Years 263-4090 06/08/99 04/21/03 4 Years Mr. Robert H. Jones 1002 Forest Lakes Drive Naples, FL 34105 District: ~ r.I Category: 649-8692 06/08/99 04/21/02 3 Years Mr. Robert Cunningham 1100 Forest Lakes Boulevard Naples, FL 34105 q Category: 04/11/00 04/21/04 4 Years Mr. Thomas P. Watts 499 Forest Lakes Blvd., #103 Naples, FL 34105 Category: 263-4555 06/25/96 04/21/98 05/12/98 04/21/02 2 Years 4 Years Wednesday, October 24, 2001 Page I of 2 AGENOA rrEM Forest Lakes Roadway & Drainage Advisory Committee Ve'ork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was czeated on 03/10/92 by Ord. No. 92-16 to aid and assist the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in County Ord. 91-107. The will also prepare and recommend an itemized budget, work programs and priorities. Applicants must reside within the Forest Lakes Roadway & Drainage MSTU. Terms are 4 years. STAT 125.01 ,.~aff: Bob Petersen, Project Manager, Transportation: 774-8494 Wednesday, October 24, 2001 Page 2 of 2 MEMORANDUM DATE: March 15, 2002 TO: FROM: Elections Office r,.~ Sue Filson, Executive Manage Board of County Commissioner,fi~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. FOREST LAKES ADVISORY COMMITTEE COMMISSION DISTRICT Virginia M. Donovan 1037 Forest Lakes Drive Naples, FL 34105 Thank you for your help. MEMORANDUM DATE: TO: FROM: February 25, 2002 Elections Office ~ Sue Filson, Executive Manage~_.j~ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. FOREST LAKES ROADWAY ADVISORY COMM COMMISSION DISTRICT Robert H. Jones 1002 Forest Lakes ~._. Naples, FL 34105 Thank you for your help. MEMORANDUM DATE: TO: FROM: February25,2002 Bob Petersen, Landscape Engineer II Transportation Department ~ Sue Filson, Executive Manager,.J}, ~ Board of County Commissioner'g-" Forest Lakes Roadway and Drainage Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert H. Jones 1002 Forest Lakes Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory, committee within the 41 day time-fi.me, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Robert H. Jones 1002 Forest Lakes N_aples, Florida 34105 Phone (941)649-8692 Fax (941)649-8414 Feb. 6.2002 Board of Collier Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Atten: Sue Filson, Executive Manager Board of County commissioners Re: Forest Lakes MSTU. Roadway and Drainage Advisory Committee. Dear Ms Filsort, Thank you for your letter Jan.30, 2002. Yes I would be very interested in another term on the advisory Committee; we have finally begun to make considerable headway in our accomplishments as a board with the very able help of my 4 comrades also on the board. It is very gratifying to all of us to have brought the 14 communities and Quail Run Golf Club together as the cohesive focus group that comprises our MSTU district of approximately 4000 citizens. Thank you for your kind words of support and the opportunity to continue my service to our MSTU for another tenn. Sincerely x ~ Robert H Jones, k, \ Advisory Board ChillS'man C.C. Bob Peterson, Landscape Engineer Transportation Department C.C. Board Members William Seabury, Vice Chairman Robert Cunningham Roger Somerville Thomas P. Watts Robert H. Jones 1002 Forest Lakes Drive Naples, Flca,.dv. 105 Phone (941)649-8692 I~ ax (941)649-8414 Feb. 6,2002 Sue Filson, Executive Manager Board of County Commissioners Re: Advisory Board Your letter 1-30-02 request for up dated Resume Dear Ms Filson, As you know I was invited onto the board to fill the vacancy created by the death of board member Robert Schoeller. I became a resident of Forest Lakes and a member of Quail Run Golf Club in Nov. 1990 and prior to that spent winter vacations at Forest Lakes for 16 years. Retired in 1992 after 24 years in the building industry in Califorma, as a supplier of building Specialties in a company known as Leisure Products Systems. I remain board chairman of that company at this time. During those years I also planned and built Golf Course Communities including the Golf Courses in California and Tennessee. I curremly hold a BI general building Contractors license for the State of California~ Educated University of Arizona B.S. BA. Indiana University, Extension Center Richmond, Indiana Business Law. I served on the board of directors of Quail Run Golf Club as Vice President, Chairman of Grounds Committee and Chairman of Long Range Planning Committee. I served on the board of Directors of Forest Lakes Condo Association as Vice President, Executive Committee, Building Committee, Chairman of Long Range Pl:~nning Committee and Director at Large. Sincerely Robert H $one~ 2302 02/06/2002 Board of County Commissioners 3301 ~ast Tamlaml Trail Naples, FL 34ZZ2 .. (941) 774-S09~ ' Fa~: (941) T?d-3602 Applicatio~rfor Advisory Committees/Boards Josrd ~' C~z~ C~mszi~en. $$ ~I £~ Tamlaml r:~ ~q~l~ F~ ..~l l l ~. MXY 2 ~ MEMORANDUM DATE: TO: FROM: March 15, 2002 Bob Petersen, Landscape Engineer II Transportation Department ~ Sue Filson, Executive Manager/~ ~/~ Board of County Commission~ Forest Lakes Roadway and Drainage Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Virginia M. Donovan 1037 Forest Lakes Drive Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi'ame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this 'matter. SF Attachments Board of County Commissioners · .~..... ,=~ ~..~301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Home Address: Ill_ ..~ :? Application for Advisory Committees/Boards , ~ , / Home Phone: Fax No. Business Phone: Board or Committee Applied for:_ ,/~"] .~-T (.} ~ (i o_ i- j categor~,(ifapplicable): ] Cc\I ?~.}i'?'O ;'3 o,(,'(';,C.~t-h~d Are you a registered voter in Collier County: Yes ir/ No Do you curreutly hold public office? Yes No 'J If so, what is that otT~'e? Lli"i' b~c3 Zip Code: e-mail address: Do you now serve, or have you ever served, on a Collier Count~ board or committee? Yes If yes, please list the committees/boa~: Please list your community activities (civic clu .~. ~. neighbo~Fhood associat~ons,,etac, a;nd positi~o,nsI _.... ~- , .., ^4.. t~ _r'. t~,.,.,i~... C.:*,'~I c~h P/¢l.i;~c: ~.-~,.:.ff-qO/ t e-~_~5_.;~:'~c'-';~- C .. ,' ,, .~.,,.. ,- ~ , ih¢.'.~;, ~ I-) '~ G ," ~e_d f f ~ 1-,,: uc, ~rt /27.=-.~-r~' J ..... _.,It~.~t_O.~ :, t i'~Q ri,'r' i~ ~..?t-t.,.1 -~1c~ ~ ~..-~,,; ,r~. - ,J ./ ../ t J ' / ' ' " .s · ' - ; , ' ' ~1~" ~- I /='/t/ IEJ.('-~ 7~'O ~-/~-J ,/'/.//'~ . f l c. ~- K q- i~ h a ~; l .~ o ',- ~J , '~ ~ ; ~ ~ q ,- -~: q- ; - . ; .,,. - ~ ...,-, . -- · l.-4' .r. la -.~ ("h ~/t ! lc-t-,-" !.,.~ L' _' , ' - -- ,-- .- : ~ '~' :.i . . ,.'"'~-- -, / '-- Pre,se ~ttock ~ny fdditlonal f~formaa'on y~ feel penfnent. FAb spptlcs~on skoadd ke fotw~rtled to Sue F'dson, F. xe¢ Bodrd of Celnty Ctnnmisslone~ 3301 F~tt Tm~wni Trail N4pi~, FL 34112. If y~ wisk, ple~se f~t yom' ~pl~catio e-tv~tl to sue~lson(dcollierg~ m'.n~- l'lm~ yo~ fm' volaomaw~ to rfr~ tke ~ of CoUrt ~. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE CITIZENS ADVISORY TASK FORCE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 31, 2002 on the Citizens Advisory Task Force. CONSIDERATIONS.: This 5 member committee obtains community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant Program from the State of Florida, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion of the grant program. Terms are 2 years. A list of the current membership is included in the backup. Mr. Albert Doria, Jr. submitted a letter of resignation on March 4, 2002. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY ~ F. En~elhardt~ Business Lead. er ~~errata I Business Leader COMMITTEE RECOMMENDATION: ELECTOR ADV. COMM. None ______---- G.G. Est. Master Plan Ad Ho_____.~__c None No Recommendation FISCAL IMPACT.: NONE GROWTH MANAGEMENT IMPACT.: NONE RECOMMENDATION_: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 28, 2002 Citizens Advisory Task Force .Name Ms. Ellen Christian-Myers 7091 Lone Oak Boulevard Naples, FL 34109 District: 2 Category: Real Estate Mr. William J. McCarthy 840 South Collier Boulevard Marco Island, FL 34145 District: 1 Category: Retired - Food Business Mr. David M. Corban 2832 Arbutus Street Naples, FL 34112 District: 4 Category: Architect Mr. Albert Doria, Jr.~.~ 6134 Polly Avenue Naples, FL 34112 District: 1 Category: Business Leader Ms. Kathleen C. He~iniann P.O. Box 10102 Naples, FL 34101 District: 3 Category: Minority Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 596-2135 12/11/01 12/31/03 2 Years 642-8382 12/11/01 642-8382 434-5800 775-9099 774-5211 12/31/03 2 Years 12/11/01 12/31/03 2 Years 09/26/00 12/31/00 3 months 09/26/00 12/31/02 2 Years 775-3862 04/I 1/00 12/31/00 8 mos 353-0527 12/12/00 12/31/02 2 Years Wednesday, May 15, 2002 Page I of 2 Citizens Advisory Task Force · Work Phone Appt'd Exp. Date Term ]Vame Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on July 24, 1990, by Ordinance 90-60 to obtain community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development BIoc.k Grant program from the State of Florida, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progr_~__~ of the grant admini=sh~a~on and evaluate the final completion of the grant program. Terms are 2 years. FL STAT 290.046 Staffi Denny Baker, HUI Director: 403-2330 l, Vednesdto; ?~[ay 15, 2002 Page 2 of 2 DATE: TO: FROM: MEMORANDUM May 6, 2002 Elections Office Sue Filson, Executive Manage~r~ Board of County Coxranissio~ RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CITIZENS ADVISORY TASK FORCE Pat F. Engelhardt-Provence 4680 St. Croix Lane, #537 Naples, FL 34109 COMMISSION DISTRICT Russell W. Tuff 2642 44th Terrace, S.W. Naples, FL 34116 Esmeralda "Essie" Serrata 603 Nassau Street, ~4 Immokalee, FL 34142 Thank you for your help. flE 3EIYED 0 8 2002 ~>ax'~. of Cou~y Commissioners MEMORANDUM_ DATE: TO: FROM: May 6, 2002 Denny Baker, HUI Business Manager Sue Filson, Executive Manager ~ Board of County Commissionergc,r Citizens Advisory Task Force As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Pat F. Engelhardt-Provence 4680 St. Croix Lane, #537 Naples, FL 34109 Russell W. Tuff 2642 44th Terrace, S.W. Naples, FL 34116 Esmeralda "Essie" Serrata 603 Nassau Street, Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive s~ for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments To; Subject: Pat Engelhardt-Provence [prohardt@comcast. net] Tuesday, Apdl 23, 2002 4:46 PM fil~n_s Application for Advison/Corn mittee, C~lC~,AdbScl'~°Pl.c Ca~ wk Dear Sue, Thank you for your assistance in getting the information regarding the Collier County Board of Co~nissioners Advisory Committees, and open positions to me. It appears there was no glitch with the missing page, just a glitch with my software! Please find attached a completed application for a position on the ~ispanic Affairs Advisory Committee. I am also interested in the Health and Human Services Advisory Committee, and, the Citizens Advisory Task Force. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Pat F. Engelhardt-Provence Home Ph: 594-7715 Home Address: 4680 St. Croix Lane, #537, Naples, FL Zip Code: 34109 Fax No. 594-1513 Business Ph: 594-7715 email: prohardt~comcast.net Board or Committee Applied for. The Hispanic Affairs Advisory Committee. Category (if applicable): Not Applicable. Are you a registered voter in Collier County: Yes ..X No~ Do you currently hold public office? Yes ... No X__. If so, what is that office? Do you now serve, or have you ever served, on a Collier Count board or committee? Yes~ No X__ If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc.) and positions held: 2001: Collier County RepubLican Executive Committee Member. 2001: Commissioned, Stephen Minister: Caregiving Counselor. 1998: Vice-Chairperson of the City of Fort Myers Economic Development Board (EDB) - Appointed by the Mayor to the newly formed EDB. 1995-98: Executive Board of Directors and Volunteer - Lee County Chapter of the American Red Cross: · Chairperson, 1996 ARC State Conference in Fort Myers, FL. · Clara Barton Humanitarian Award Steering Committee. · Recipient of 1996 Award of Excellence from ARC National Chairman, Norm Augustine, for Chairing a successful ARC State Conference. · 1998 Secretary of thc Lee County ARC Board and Vice Chair. 1996: Gulf Coast Woman Magazine Profile: "At Attention W~th Pat Engelhardt, A Passion For Lead, ship". 1994-96: Past V.P. Of Advisory Board and Guardian volunteer -Lee County Guardian Ad Litem program. 1994-99: Founding Board of Directors, Tender Loving Care Complex, Inc., A Foster Home for sibling groups. 1995: Public Service Recognition from Late Gov. Lawton Chiles. 1997: State of Florida, Atty. Gen. Butterworth; Victim Advocacy Program. 1995-97: Executive Committee, Lee County Juvenile Justice Council; Office of Juvenile Justice Delinquency Prevention; Comprehensive Strategic Planning Founding Board and Committee member. Education: 1995: Business Marketing Trainer/Instruction Certification; School District of Lee County, Business & Industry Services. 1994: Dale Carnegie Course; J. Nell Dwyer & Assoc., Inc. 0]istin~ished Graduate), Fort Myers, FL. 1991: Public Affairs Staff Officer's Course; DepartmenL of Defense Information School, Indianapolis, IN. 1985: M.S. Counseling and Human Development; Troy State University, AL. 1981: B.A. Radio/Television/Journalism; University of Central Florida- Experience: Over twenty years of government and non-government leadership experience in project management; to include, planning and directing organizational policies and objectives, counseling, and public relations; production of corporate fundraising and development communications and 501(c)(3) plans, corporate conference planner and presenter, business and industry trainer, and a political lobbyist for community social services and agency collaborations. A Builder and maintainer of projects from concept to reality. A seasoned strategic planner and researcher for government and business programs, and Boards of Directors. A professional speaker and technical writer. DecOrated U.S. Air Force Veteran of Vietnam-Era and Operations Desert Shield and Desert Storm. , ,.,,,, ;.' ~ _.~0. ~g. TUFF 11725 Collier Boulevard ' Naples, FL 34116 (941) 553-0444 · Fax (941) 353-9040 E-mail: t-uff-publications @ earthlink.net www. goldengategazette.con] www. evergladesecho.com PUBI.IC&TION. S: INC. · NAP!.F.S TIMES GOI.DEN GATE GAZF. TTE · EVERGLADES ECHO Resume for the Collier County Citizens Advisory Task Force. Curriculum Vitae Russell W. Tuff 4118/02 Education BA - History/Political Science - Jamestown College BA- Business Administration Minor - Religion Current Position President - Tuff Publications, Inc. Publisher- Naples Times, Golden Gate Gazette, Everglades Echo Staff Singer (Tenor) - Trinity By The Cove Episcopal Church Current Activities Past-President - Golden Gate Civic Association President Elect - Golden Gate Area Chamber of Commerce Member- Golden Gate Estates Civic Association Member - Everglades Chamber of Commerce Member - Naples Chamber of Commerce Member - Florida Press Association Member - Inland Press Association Member - National Newspaper Association Community Council - First National Bank Member - Collier County Republican Executive Committee Football Coach Baseball Coach Member - Trinity By The Cove Episcopal Church Past Local Experience Charter Member of the Naples Area Tourism Board, Charter Member of thc Collier County Tourism Alliance, Collier County Economic Advisory Council, Board of Director - Naplescapc, Various EDC / Chaw her committees, Graduate Leadership Collier, Graduate Leadership Institute, Cub Scout Den Leader, T-Ball Coach, ~.ilEM Martial Arts Instructor t.':,',": 2 g 2002 filson_s From: ent: I'o: Subject: EssieS630@aol.com Tuesday, April 16, 2002 9:07 PM filson_s Advisory Board. ESRESUM~.DOC Mrs. Sue Fflson Executive Manager to BCC 3301 Tamiami Trail East Naples, Florida 34112 Dear Sue, Please accept this email as my interest in serving on the Citizens Advisory Task Force. I am a resident and registered voter of Collier County. Attached is my resume. If you need further information, please call me at 941-657-3649 or email me at EssieS630@aol.com. Thank you, Essie Serrata ESMERALDA "Essie~ SERRATA 603 Nassau Street, #4 · Immokalee, Flodda 34142 (941) 657-5838 · essies630@aol.com Education Highlights of Training Professional Certifications IntemalJonal College, Naples, Flodda Bachelor of Science in Business Administration, 2001 · IFAS Community Leadership Development Program University of FL - Cooperative Ext. Services - 1992 · Managerial Skills Dun & Bradstreet Business Education Services- 1992 Certified Public Housin(~ Manacler (PHM) National Association of Housing & Redevelopment Officials- 1994 Executive Director Educa~on Program Public Housing Authorities Directors Association & Rutgers University of the State of New Jersey - 2002 Expedence Expedence Interim Executive Director, Collier County Housing Authority (CCHA), October 2001 - Present Promoted to oversee all of the Housing Authority's programs and activities. Provide leadership in the planning, directing and implementation of all Housing Authority business dealings. Executing managerial responsibilities over assigned staff to ensure efficient operations. Section 8 Coordinator, CCHA, Apdl 2000 - Sept. 2001 Administered the daily operations of the Section 8 Rental Assistance Program that served 400 plus families Collier county-wide, that receives over 2.5 million dollars in funding, managed a sfaff of three and directed, coordinated and monitored the Family Serf. Sufficiency Program and Housing Qualify Inspections in conjunction to their role in the Section 8 Program. Assistant to the Executive Director, CCHA, Oct. 1994 -Apd12000 Provided key administrative support to the Executive Director in his administration and management of the agency including the creation and development of farm labor housing and advocati~g for affordable housing. Part of the Executive Management Team and worked collaboratively with division heads to ensure compliance of policies and regulations of our housing programs, related services and developing and improving operations to achieve common housing goals. Secretary, CCHA, I"ov. lO~~, -Oct. 1994 Esmeralda "Essie" Serrata Resume · Page Two Community Activities · Coalition of Florida Farmworker Or,qanization Board of Director Vice-President Hispanic Heritaqe Celebration Member Vice-President Board of Director · Collier County Leaque of Women Voters Member · Immokalee Jaycees Member · Amedcan Association of University Women Member · Quest For Kids Mentor · Immokalee Chamber of Commerce Member Board of Director · Miss Immokalee Board 1996 - Present 1999 - Present 1991 - Present 1992 - 1996 1996 - Present 2000-Present 1992 - 1993 2002 - Present 2001-Present 1999 - Present 1992 - 1997 1994 - 1997 1993-1994 References Available Upon Request t.,,,, 2 8 2002 .I- &--02.; Il; ,15,~M:COL. I.-tE~ C'OUhlT~r 3301 Tnmilunl Trail bt N~lm, FL 341~7. ~ C~timls ~ Ta~k ~ (CAT~ EXECUTIVE SUMMARY, APPOINTMENT OF MEMBER(S) TO COLLIER COUNTY CODE ENFORCEMENT BOARD OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on February 14, 2003 and February 14, 2005 onthe Collier County Code Enforcement Board. CONSIDERATIONS: This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcont~tor 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. A list of the current membership is included in the backup. Resignations were received from Ms. Diane Taylor and Mr. Darrin M. Phillips. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DlST ELECTOR ADV. COMM,,.. Gerald J. Lefebvre Real Estate/Zoning 1 Yes None G. Christopher Ramsey Attorney I Yes None Cathleen Curatolo Professor 2 Yes Code Enforcement Board (currently serving as an "Alternate" member ~ NOTE: One vacancy is for an "Alternate" position expiring on February 14, 2003 Ms. Curatolo's current term as an "Alternate" expires on February 14, 2004 One vacancy is for a "Regular" position expiring on February 14, 2005 Cathleen Curatolo is currently serving as an "Alternate" member and is requesting to be appointed as a "Regular" member. If Ms. Curatolo is appointed as a regular member, both remaining applicants, if appointed, would be "Alternate" members. COMMITTEE RECOMMENDATION: Quasi-Judicial Board - no recommendation FISCAL IMPAC ,T,.: NONE GROWTH MANAGEMENT 1MPAC.T: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners May 28, 2002 Memorandum Sue Filson, Executive Manager, Boaxl of~ Miehelle Arnold, Code Enforcement Director Patti Petrulli, Code Enforcement Supervisor 5/16/2002 Code Enforcement Board After reviewing the applications and resumes for the 2 vacancies on the Code Enforcement Board, it is my opinion that the previous experience of Mr. Gerald J. Lefebvre and G. Christopher Ramsey would prove to be beneficial to this board.. Mr. Lefebvre has his expertise in real estate and zoning. He is with WCI Realty, Naples, Florida, as a realtor. His was also a Commissioner of the Zoning Board of Appeals in Connecticut. Mr. Ramsey's expertise is in law, and was a practicing attorney fi.om 1988 until 1995, at which time he became a financial planning advisor for American Express. The only concern that I can see is that both applicants reside in District 1 and the Board already has 2 members in that same district. That would mean 4 of the 9 members would be representing District 1. pg. ~. Collier County Code Enforcement Board - North Mr. Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 District: /~/ ~L Cat~o~.' REGULAR - Engineer Work Phone Appt'd Extx Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 10/06/98 02/14/00 2 Yem's 11/23/99 02/14/03 3 Years Ms. Roberta Dusek 963 Fountain Run Naples, FL 34119 District: 3 Category: Realtor 774-2428 02/10/98 member 7 months 261-1111 01/23/01 02/14/04 3 Years Ms. Kathryn M. Godfi'ey P.O. Box 990935 Naples, FL 34116 District: 5 Category: REGULAR - Business 436-5151 05/22/01 02/14/03 348-9645 Ms. Kathleen Curatolo 7649 San Sebastian Way Naples, FL 34109 Category: ALTERNATE - Professor 594-8847 05/22/01 02/14/04 514-2172 Mr. Clifford Wesley Flegal, Jr. P.O. Box 2663 Naples, FL 34106 District: 1 Category: REGULAR/Realtor 2 Years Ms. Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 District: 4 Category: Realtor/Business 3 Ye~s 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 43~-9230 02/12/02 02/14/05 3 Years Wednesday,-February 13, 2002 Page I of 2 Collier County Code Enforcement Board - North Mr. Daz~hi M. Phillips . 641 Jacana Circle Naples, FL 34120 District: 4 Category: ALTERNATE - Attorney Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 262-7748 11/23/99 02/14/00 3 Mos. 11/23199 02/14/03 3 Years Mr. George P. Pome 565 Augusta Boulevard, Apt. 10 793-1370 Naples, FL 34113 District: 1 Category: Retired CBS Employee Ms. Diane Taylor ¢~5"f2w~,~~O'f/ 200 Valley Stream Drive, #10~ 353-9444 Naples, FL 34113 District: 1 Category: REGULAR - 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 02114/05 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 12/3/96. FL STAT 162 Staff.' Michelle Arnold, Code Enforcement Director.: 403-2413 Wednesday, February 13, 2002 Page 2 of 2 MEMORANDUM APR 10 DATE: TO: FROM: April 8, 2002 Elections Office ~ Sue Filson, Executive Manage~/}, ~ Board of County Commissionel~' Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CODE ENFORCEMENT BOARD COMMISSION DISTRICT Gerald J. Lefebvre 4401 Beechwood Lake Drive Naples, FL 34112 G. Christopher Ramsey 363 Torrey Pine Naples, FL 34113 Thank you for your help. MEMORANDUM DATE: TO: FROM: April 8, 2002 Michelle Arnold, Code Enforcera~Director Board of County Commission~a} ~ Code Enforcement Board As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Gerald J. Lefebvre 4401 Beechwood Lake Drive Naples, FL 34112 G. Christopher Ramsey 363 Torrey Pine Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi'ame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachmems Gerald J. Lefebvre 4401 Beechwood Lake Drive Naples, FL 34112 (239) 775-8604 Objective: To obtain a position on the Code Enforcement Board as an alternate. Experience: June 2001 Present Dec. 1999- April 2001 June 1999- April 2001 Oct. 1996- June 1999 Prudential Florida WCI Realty, Naples, FL ReMtor · Negotiated real estate listing and sales contracts to benefit my clients. · Researched land records to determine set backs, liens, and currem zoning laws pertaining real properties. · Obtained Florida real estates license in June 2001. Town of Wallingford, Wallingford, CT Zoning Board of Appeals Commissioner · Visited applicants homes or businesses to determine if a variance should be granted. · Heard testimony t~om the applicants, attorneys, architects, and neighbors regarding the variance. · Granted or denied a variance based on information gathered. Center Capital Corporation, Farmington, CT Sales Coordinator · Followed through on customer's loan applications from initiation to successful closing. · Communicated to outside sales representative, customers, suppliers, and other company employees to efficiently close the loans. ERS International, Norwalk, CT Electronics Technician · Visited supermarkets throughout Connecticut and Massachusetts to repair high tech electronic pricing equipment. · Worked remotely via a computer to troubleshoot problems with incorrect in-store pricing. Interests: Member of Collier County Republican Committee Naples Area Board of Realtors Florida Association of Realtors National Association of Realtors Naples Polo Club Naples Jaycees Board of County Commissioners 3~01 East Tmnimni Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Are you · registered voter il Collier Couty: Yes / No Do you currently bom public office: Yes No ~ I/~, wlmtb tlmt afl~? Doyou Bow serv~ ~r lmv~ y~m L'~r ~md, on a Cdibr ceamy boerd or cammitme? Ym Pletse list your community activities (civic clubs, neighboFhood assoeittions, etc. and positions January 15, 2001 Mrs. Sue Filson Executive Manager BCC 3301 Tamiami Trail East Naples, Florida 34112 Re: Code Enforcement Board opening Dear Mrs. Filson: The purpose of this letter is to submit my name for consideration for the opening on the Code Enforcement Board. As a resident of Naples I am very interested in the issues that impact our County and South Florida. I am eager to participate and feel as though a position on the Board would enable me to use my experience to help Collier County. My family has lived in Naples for many years and my wife and I live at our home at 363 Torrey pines Point. I also own an office where I conduct my financial planning practice at 5007 Tamiami Trail East. I submit that my professional experience will enable me to bring valuable skills and insights to the Board. Specifically, I was a practicing attorney from 1988 until joining American Express Financial Advisors in 1995. While practicing law I had the opportunity to function as planning board and zoning board solicitor and municipal prosecmor for several years. My office was located in a resort community in southern New Jersey which faced developmem, seasonal population changes, environmental issues and other land use problems. My practice also involved solving business and estate planning problems for various clients. I joined American Express in early 1995 and have a financial planning practice located here in Naples. I focus on the needs of retired and pre-retired cliems and the issues facing business owners. Advanced Advisor Group G. Christopher Ramsey, JO Financial Advisor American Expms~ Financial Advisors Inc. Village Falls Professional Center 5007 Tamiami Trail East Naples, FL 34113 Bus: 941.530.3434 Fax: 941.530.3435 Bus: 800,305.3849 Suite 6 Executive Mews 3514 Landis Avenue Sea isle Ciht, NJ 08243 Bus: 609.263.0404 I have attached a copy of my resume for your review. If there is any other information that I may provide to be considered for this position please do not hesitate to contact me. Thank you for your time and consideration. G. Christopher Ramsey, JD Fax Transmission Advisors I~. Mem~rNASD. 9~ AEFA ~sociatefl financial admor fr~ch~se. Amermn ~Oress C~oanv is seoarate ~me~can ~¢ress Financial A~,; ..... ~,c. and is not a Broker~ealer. 383 Torrey Pines PoinL Naples, Florida 34113 941-417-0228 Home 941-530-3434 Office 941-285-5299 Ceil FManclaJ ~ American Exlx~ss Financial Advisors Napkin, Florida · Joined American Express Financial Advisors in 1995 as financial advisor/planner. · Financial planning practice located in Naples concentrating on the needs of clients who are planning for and in retirement and those who are self employed. Focus on comprehensive long term planning and portfolio management. Law Offices Of ~ Christopher Ramsey, Esq. Stone Harbor, NJ · Solo practice conce, b~i~ng on business, estate, real estate and municipal issues. · Represented clients in Municipal, Superior Courts and various planning and zoning boards. Associate Attorney Law ~ Of Raymond A. Batten, ~ Avalon, New Jensey · Tva3 attorney firm concentrating on land use, real estate, business, general civil and municipal issues. · Managed caseload from intake to disposition in all New Jersey courts. · Acted as munidpal prosecutor in three municipalities and solicitor in two municipalities. ~ Attorney Marks, Kent & O1~leill, Phibldelphla, Pennsylvania · Defense lifigabon firm mpr_~_e___nting large re. leto and other entities. · Responsible for managing cases from intake, through discove~j, deposition, art~b-a~on, trial and appeal. · 1981-1985 Villanova University Villanova, PA · 1895 - 1988 Delaware Law School Wilmington, De Certified in Long Term Care (CLTC) Hold Sedes 7 and Sedes 63 Securities licenses Admitted to practice before the courts of New Jersey and Pennsylvania and Federal Courts in 1988 Member of American Bar Association Date of Birth November 25, 1962. Mamed to wife Michele. My interests include fly fishing, golf and various community volunteer actJv~es. Board of County Commisaione~ ~1 3301 Tarni~rni trail East ~ Naples, FL 34112 ~11 Dear Mm. Filaon, vacated on the Collier Courlty C~~ ..1~. rd. lam currently · s an alterr~te on the board.~.. ~:~.. ~--' " ' ?:';. For your review, please find ~~~a:~~_Y.'.._~Sume: I lookfo~.rd to. heanng from the commi~slonets :~ rrmtle'rin, the near future. Tl~anK you ~or yO~l. r a~sistance. :..~!: A~A ITEM '~- 2 8 2::2 F~ : ¢4SCF PHONE NO. : 3945735 HaW. 1G 2~2 04:~:~H P2 KATHLEEN CURATOLO 7649 San 8ebastlan Way Naples, Florida 34109 Home: (941) 514-2172 Office: (941) 594-8847 Fax: (941) 594-5735 E-mail: kc uratolo~}earthlink.n®t pROFESSIONAL EXPERIENCE EXECUTIVE DIRECTOR 1987-1997 Niag;Ir~ Frontier Ilx:lt~it~ Edur~tlo. Counoil B~zffalo, New York ResponelbillU®s: To foster, promote, research and InltJate partnership actJviUes between business, industry, government, mid ~ di~tr~,~ throughout t~e WHY region. Includes resource development, personnel management, proposal writing, volunt4mr ooordinalion, member~hip ~olletl~tlon end Directing program~servi~es such m community forum meetings, a regional career fair, maintaining resource b~nk of rl~ear~h materi~l tor use by mefld~rs, and cor~ulting lervlcel lllisUng member~ develo i:)~rblership iniUativos. M.A. in Engllah, SUNY College et Buffalo, New York 1984 B.A. in English, Deemefl College, Buffalo, New York 1974 Additional Training: L. eedm'shia_ Buffnlo: professional Dave _lcmment: Glals of 2000 Claes of 1993 I.D.E.A.F.oilit~tor Training Clalx~rt Training for ~4tarad De~ision Making Cresting Quality Cultz~re~ F~elUmting (~h. nOe ~lntun'ativ.dy heed ~ M~klng in ~n C)¢~miz~tJon~ Oo~t~xt TEACHING EXPERIENCE 1S ~::~2 ~4:~gPM P3 Ocwlle in Quality I~ Pfll~lples for ~ Industry A~unGt Prgf~. ~ ~~i~ ~ ~ ~ ~. ~e wflu~ ~ ~~r. C~ In~ '~1~ P~i~ R~ 8~~ f~ a ~ F~ ~1~,' ~~ V~.' ~t ~ ~l~h, C~ W~ 1~90-1995 19~4-198G 1979-11183 COMMUNITY 8ERVIC~E BOARD O]: DIRECTORS AAUW, Naples C~lpter, echolarshlp Committee Amherst Chan14~r M Commerce Collier County Code Enforcement Board Community AdviK~y Counoll, SUNY Buffalo EPIC (Effettive Parenting Information for Chilch'en) Greater Buffalo Community Quality Council 2001-pre~x~nt 1989-1997 1992-1997 1994-1997 Amherst Cltmnber, QuaZity of Life Committee EPIC, Pemonnel Committee Western New York Women in Administration: 'GIRLB MAKING CHOICES,' ~onferenee Chair 1992-1997 199~-1997 1991-1997 1994 PRO. FESSIONAL AFFILIATIONS Amerk~n Asmx~i~don of University Women Tempo, N.DI# Chapter Women's Republtcen Club of Nmde~ Mentor:. Big Brothm~/8tg SIsters of Collier County 199&pre~ent 19~pr~nt 2000-pr~ent AWARDS Recipient of Western New York Pathfinder Awmrd in 1996- Recipient of Villa Marie College Distinguished Servloe Award in 1993 APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION DEPARTMENT .Q_~[~~: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 21, 2002, on the Parks and Recreation Advisory Board. CONSIDERATIONS-: Representation on this board consists of 1 member from the lmmokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. This 7 member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's pork facilities. Terms are 4 years. A list of~he current membership is included in the backup. Ms. Lisa H Barnett resigned on February 20, 2002. A press release was issued and res~mes were received from the following i~tcrested citizen: mST ELE~O~ ~ APPLICANT ~ F["~--rank Donohue '------'~Urba. COMMIE RECOMMENDATION: Frank Donohue _FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOM~ENDATiON: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney ~o prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Co~missioners Agenda Date: MAY 28, 2002 MEMORANDUM DATE: TO: FROM: May 17, 2002 Sue Filson, Administrative Assistant Board of County Commissioners Barbara Johnson, Senior Secretary Department of Parks and Recreation Parks and Recretion Advisory Board At the regularly scheduled meeting of May 15, 2002, the Parks and Recretion Advisory Board recommended the selection of Frank Donohue to fill the vacancy created by Lisa Barnett's resignation. If you need any further information, please advise. 28 2002 Parks and Recreation Advisor, Board Nme F~orh Phone Appt'd ~ Date Term Home Phone DateRe-appt 2ndF_..vpDate 2nd Term Ms, Lindy D'Amieo 1303 Solana Road Naples, FL 34103 District: 4 Category: Urban 403-5130 06/22/99 12/31/02 649-4093 Ms. Mary Ellen Rand 550 110th Avenue, N. Naples, FL 34108 District: 2 Category: Urban 3 Years Mr. Samuel E. Wellborn 815 Nursery Lane Naples, FL 34119 Category: Urban 437-4601 10/26/99 12/3 I/01 2 Years 514-3763 12/11/01 12/31/05 4 Years 02/08/00 12/31/03 4 Years 455-4094 Mr. John P. Ribes 261-4007 10/24/00 12/31/03 218 Woodshire Lane Naples, FL 34105 Category: Urban 1105 Royal Palm Drive ~.,~0' 643-9763 Naples, FL 341O5 District: 4 Category: Urban Mr. Edward Olesky 6001 Lake Trafford Road Immokalee, FL 34142 District: 5 Category: Immokalee Wednmday, Janu~ 23, 2002 3 Years 4 Years 05/26/98 12/31/98 7 Months 657-2401 1 / 12/99 12/31/02 4 Yrs. Page I of 2 2002 Parks and Recreation Advisory Board Work Phone Appt'd EXlX Date Term Hotne Phone DateRe-appt 2ndExpDate 2nd Term Mr. Charles M. McMahon, Sr. 4416 27th Court, S.W. Naples, FL 34116 District: 3 353-2055 01/22/02 12/31/05 4 Years This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of I member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. Terms am 4 years. FL STAT Eta. fi:: Mafia Ramsay, Parks and Recreation Director. 353-0404 January 23, 2902 Page 2 of 2 2002 MEMORANDUM DATE: May 6, 2002 TO: FROM: Electiom Office ~ Sue Filson, Executive Manager Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Comnfissioners will soon consider the following individuals for appointmem to ohe of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PARAB COMMISSION DIS~T . Frank Donohue D~i _5 - ~- -' 5961 Westport Lane 3 ~-:: - Naples, FL 34116 ~ 'r.-,_,.:: --~ Thank you for your help. RECEIVED MAY 0 8 2002 1,:}~ of C~ ~:,"',¥ 2 8 2002 MEMORANDUM DATE: TO: FROM: May 6, 2002 Marla Ramsey, Parks and Recreatio~irector Sue Filson, Executive Manager .~j/,/]' Board of County Cornmissioners,'~ Parks and Recreation Advisory Board As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes-received for your review as follows: Frank Donohue 5961 Westport Lane Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~ ,~ V Frank Don htm April 7, 2002 APR 1 1 Sue Fi[son, Administrative Assistant Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Re: Parks and Recreation Advisory Board Dear Ms. Filson, Enclosed please find my resume for consideration for the vacancy on the Parks and Recreation Advisory Board. I am at present a business owner with an interest in county projects and a willingness to volunteer time to serve the needs of our growing community. I have been involved in the recreational boating industqf since arriving in Collier County in 1972. I have utilized the vadous water front parks and boat ramps throughout the yearn for both business and personal use. In terms of community involvement, I have been an assistant coach and/or sponsor for girls' softball and T-Ball. I was also a member of the Naples High School Band Boosters; I served as president for two years, and later on their board of directors. Throughout the years I have also been involved with the Madne Industries Association of Collier County. I have served this association as a member, president, director, and committee chair for vadous committees including Madne Cdme Watch, Boat Show Committee, Boater Education Committee, and Boat Ramp Committee. In past years I have traveled to Tallahassee to lobby for Boaters Rights. Currently, I am serving a ten~ as treasurer until 2003. Thank you for your consideration, Frank Donohue Cell Phone: 239.250.8597 Office Phone: 239.597.4575 Home Phone: 239.3,53.8584 Frank Donohue 5961 Wesipoft Lane Naple~. FL. 34116 Obl 'tlve Involvement To gain membemhip on the Parks and Recreation Advisory Board 1972-1973 GeneralManager W~ggins Pass Marina Naples, FL 1973-1976 Hansen Cris-Cmfl Naples, FI_ Shop Foreman 1976-1981 Sendee Manager Nichols Marine Naples, FL 1981-present Madne Service & Supply, Inc. Naples, FL 1981- Present Marine Industries Association of Collier County Founder, Member, Board of Director, & President 1988- 1991 Naples High School Band Boostem Member, President, & Director WORKFORCE HOUSING ADVISORY COMMITTEE LDC CHANGES 1. Amend the LDC to include Fast Track provisions for affordable housing projects, which will also include a project manager to coordinate the process. 2. Change requirements and standards to allow guesthouses or accessory units in the urban area. 3. Re-evaluate qualifying criteria for density bonus provisions/percentages 4. Change the LDC to encourage mixed-use zoning to provide incentives for Work Force housing. Gtcwing Smarter Through Affordable Housing Page 1 of 3 Linkage Fees and Inclusionary Zoning Growing Smarter through Affordable Housing, (Foresight, Fall 2000} By 3aimie Ross, Affordable Housing Director Smart growth legislation can fall seriously short of its goals if it fails to make some provisions for affordable housing. If the end result is to be smart, responsible planning principles such as limiting density in rural areas or increasing densities in urban areas must include affordable housing as a significant component. Florida's primary piece of smart growth legislation, the 1985 Growth Management Act, requires every local government in the state to adopt a housing element that addresses adequate and affordable housing for all of its current and future anticipated populations. Local governments must ensure that adequate sites are available for affordable housing, including housing for those with special needs, such as farm workers. While local governments are not expected to build affordable housing, they are required to assist the private sector to do so. To that end, local governments may provide funds to developers seeking state and federal monies, waive or pay impact fees when possible, expedite all permitting for affordable housing, and sometimes adopt regulatory incentives such as linkage fees or inclusionary zoning ordinances. Florida provides funds to every local government through the collection and distribution of documentary stamp revenue, and requires, in turn, that those local governments expedite all permits for affordable housing. Florida also requires, through the Development of Regional Impact (DRI) process (Chapter 380, Florida Statutes), that large commercial developments ensure affordable housing for the employees they generate, especially when the community lacks adequate affordable housing for those workers. This DR:[ statute operates as a combination linkage fee and inclusionary zoning ordinance. Linkage fees are a means for local governments to collect monies to help support affordable housing construction. These fees, collected from nonresidential and market-rate residential development, are placed in a trust fund for others to use in building the lower-cost homes. Linkage fees are important as a recogniti6n' that the Iow-wage workers building the commercial, industrial, and upper-end residential construCtion need adequate housing within the community that they can afford. Any smart growth legislation should recognize the need for this balance between affordable housing and workers. Provision of such housing further supports smart growth by helping to reduce the economic and environmental costs of transportation where there is no public transit available. "Inclusionary zoning" is a misnomer; it is a land use ordinance that assists local government in meeting its legal responsibilities under the housing element. It requires developers of multiple market rate units, say 25, 50, or 100, to include some percentage of affordable, lower-cost units, usually from 5 to 20 percent, within their development. In this way, local governments may ensure that the private sector does not use all the developable residential land for middle- and upper- income housing only. Although inclusionary land use ordinances have at least two concurrent objectives: to increase the http ://www. 1000fof. orgjRevised%20 Site/Affordable%20Housing/Growing%20Smarter%20'-.. 5/8/2002 Growing Smarter Through Affordable Housing Page 2 of 3 supply of affordable housing and to create socioeconomically integrated communities, additional smart growth benefits also accrue. Housing choices are increased, as are diversity in community schools and the amount of affordable housing located near suburban employment opportunities. In addition, every local government receiving federal dollars, such as Community Development Block Grant funds, has a legal obligation to affirmatively further fair housing within its jurisdiction. Inclusionary zoning is the optimum way for local governments to affirmatively further fair housing. An inclusionary land use ordinance will likely vary a great deal from one jurisdiction to another. Some may apply throughout an entire jurisdiction, others only in high-income areas of a county or city. Some may insist that the affordable units be built on site, while others may allow the developer to build the units nearby, or even to opt out entirely with an in-lieu payment to a housing trust fund. These are just a few of the options that help render each ordinance unique. There are, however, some elements that all inclusionary land use ordinances are likely to share, including: 1. A threshold number of market-rate units that activates the inclusionary requirement for a corresponding percentage of affordable units; 2. A requirement that the affordable units are comparable in quality and aesthetics to the market- rate units, so that even if they are smaller or of a different type, they will blend into the community; 3. Incentives to assist the private sector in providing the affordable units, such as density bonuses, financial subsidy for construction, or down payment assistance to the affordable-home buyer; 4. A provision for payment in-lieu when the nature of the development (for example, a development of exclusively half-million dollar homes) makes it infeasible to include affordable units; and 5. A housing trust fund as the depository for the payments in-lieu, and a mechanism for using those dollars to provide affordable housing within the community. The best known inclusionary housing ordinance, in Montgomery County, Maryland, has been in effect for over twenty years. A number of these ordinances also can be found in California and throughout the northeast. A handful of local governments from South Florida to the Panhandle are in the process of developing and adopting inclusionary land use ordinances. The City of Tallahassee was the maverick in this effort and is presently working to improve the effectiveness of its ordinance. Affordable housing is a basic n,ecessity for a healthy society, and it would ser~e every smart growth movement well to incorporate inclusionary land use ordinances as a guiding principle. Socioeconomically integrated communities set the stage for a jobs-housing balance and integrated schools. They also provide a meaningful move forward for Iow-income families that might otherwise be lost in the concentration of poverty that results from exclusionary zoning and land use practices. For more information on inclusionary zoning, or assistance with developing an inclusionary housing ordinance, you may contact Jaimie Ross, Affordable Housing Director, at 850.222.6277. http://www. 1000fof. org/Revised%20Site/Affordable°/~20Housing/Growing%20~er%20v:~... 5/8/2002 Growing Smarter Through Affordable Homing Page 3 of 3 Florida law requires in the Development of Regional Impact (DRI) process (Chapter 380, Florida Statutes), that large commercial developments ensure affordable housing for the employees they generate, when the community lacks adequate affordable housing for those workers. This DRI statute operates as a combination linkage fee and inclusionary zoning ordinance. Unfortunately, the DRI statute has been largely ineffective at producing affordable housing. An inclusionary housing ordinance can change that. The inclusionary housing ordinance could be drafted to apply to both commercial and residential developments, and could make irrelevant the time consuming, costly, and arduous process of DRIs. The inclusionary housing ordinance is a land development regulation that requires no expensive studies from the developers and can be easily and equitably applied in a routine fashion. Linkage fees are a means for local governments to collect monies to help support affordable housing construction. These fees, collected from nonresidential and sometimes, market-rate residential development, are placed in a trust fund for others to use in building the lower-cost homes. Linkage fees are a recognition that the Iow-wage workers employed in the nonresidential development and serving the residents of the market rate and upper-end residential homes need adequate housing within the community that they can afford; it a recognition that affordable housing an essential basic necessity for a healthy community. http://www. 1000fof. org/Reviscd%20Site/Affordable%P-0Housing/CJrowing%20Smarter%20'... 5/8/2002 EXECUTIVE SUMMARY CONSIDERATION OF FISCAL YEAR 2003 TOURIST DEVELOPMENT CATEGORY "C" (MUSEUMS) GRANT APPLICATION FROM MARCO ISLAND HISTORICAL SOCIETY IN THE AMOUNT OF $25,000; TOURIST DEVELOPMENT COUNCIL RECOMMENDS DENIAL OBJECTIVE: Board consideration of Tourist Development Category "C" (Museums) Grant Application from the Marco Island Historical Society. CONSIDERATIONS: On April 15, 2002, the Tourist Development Council (TDC) considered the Tourist Development Category "C" (Museums) grant application from the Marco Island Historical Society in the amount of $25,000. Mr. Bill Tyson provided a presentation to the TDC and answered questions regarding the application. An extract of the verbatim testimony regarding this grant application is provided with a copy of the application. After discussion, the TDC voted 8-1 (Coletta opposed) to recommend Board denial of the grant. FISCAL IMPACT: No fiscal impact if the grant application is denied by the Board. If approved, the grant will be funded from FY02/03 Fund 193 Reserves (Category "C" - Museums) in the amount approved by the Board. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATIONS: Board consider the application, verbatim testimony, TDC recommendation, and take final action in approving or denying the grant application. If approved, recommend the Board authorize budget amendments associated with this action and the drafting of the standard Tourism Agreement regarding funding of the project. /'I / PREPARED BY: ~~- DATE: ,~- ~- ~ 2---- D. E. "Bleu" Wallace, Director CDES Operations Department ~ DATE' APPROVED BY: /'] ~'-"'"~-'-"~)~.~___ .~ · 7 to~kph K. Schr~tt_, Administrator (C/6mmunity Development & Environmental Services Division MAY 2 8 2002 EXTRACT OF TRANSCRIPT APRIL 15, 2002 MEETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Pages 80 through 90 regarding 2003 Tourist Development Category "C" (Museums) Grant Application from Marco Island Historical Society Council Members Present: Chairman James Coletta City of Marco Island Councilman E. Glen Tucker Naples Vice-Mayor Gary Galleberg Mr. Jerry Thirion Ms. Liana M. Buysse Mr. Gene Vaccaro Mr. Kevin Durkin Mr. Joe DiNunzio Ms. Rhona Saunders Staff Members Present: Mr. D. E. "Bleu" Wallace, Director, CDES Operations Department Mr. Thomas Nohl, Senior Management/Budget Analyst, CDES Operations Department Ms. Jaqueline Hubbard-Robinson, Assistant County Attorney MAY 2 8 2002 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 CHAIPdKAN COLETTA: We have a second. Okay, now we'll open it up for further discussion. Is there any further discussion? Without further discussion, I'll call for vote. Ail those in favor indicate by saying aye. Opposed? (No response.) CHAIRMAN COLETTA: unanimously. the court reporter can take you. (Brief recess.) CHAIRMAN COLETTA: of approving this, the The ayes have it We're going to take a short break so a break also. Thank Well, we' re back again and ready to go on to Category C. Item 4, Category C, number one, Marco Island Historical Society. MR. WALLACE: Mr. Chairman, for the record, Bleu Wallace. Each of the individuals with a grant application will be making their own presentation. Staff has no would be the Incorporated. MR. my name Island. involvement in that. So the person Marco Island Historical Society, TYSON: Good afternoon. For the record, is Bill Tyson, 732 Hernando Drive, Page 80 MAY 2 2002 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 I'm here representing the Marco Island Historical Society and to speak to our request for funding. It's a pretty straightforward request this year. In view of the fact that the County Commissioners have granted us a five-year land use plan on county property next to the library, we need to get our capital fundraising drive underway as quickly as we can. And so, therefore, we're requesting $25,000 from the TDC for architectural drawings, artist renderings and a scale model of in your packet of $30,000 for up with $5,000 proposal. As I the proposed museum. We have an estimate from Barney, Schmidt, Summers and Weaver (phonetic), who the county uses considerably. In fact, they just did the new library up on Vanderbilt Beach Road. And enclosed is an estimate from them to the =une those three items. And we're coming in matching funds towards that said, pretty straightforward. point projection for you. Thank Ged. you have any for yOU . I don't Page 81 have any power CHAIRMAN COLETTA: MR. TYSON: So if be glad to answer them CHAIRMAN COLETTA: questions, I just got one thing. I'll MAY 2 ~ 201~ 1 2 3 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 82 understand that once this thing is underway, you're going to have some fund drives, so the people -- MR. TYSON: Oh, yes, sir. CHAIRMAN COLETTA: -- on Marco Island are actually going to be financing the actual building itself. MR. TYSON: Yes, sir. CHAIRMAN COLETTA: Just like they have in the other entities of the Collier County museums? MR. TYSON: Yes, sir. We have some tentative figures. It's going to be approximately three million dollars that we're going Eo have to raise, and that's why we need something other ~han a brochure. You know, we need a scale model ~aking a page from Myra Daniels book, if you would, ~o show people this is what the museum is going to look like, and the drawings to go along with it. CHAIRMAN COLETTA: I love these grassroots movements. Any other comments, questions? MS. SAUNDERS: I have a question. I admire your efforts, but as I recall when you were here last year, it was a request for something like several hundred thousand dollars. MR. TYSON: Yes, ma'am. NAY 2 1 2 3 4 5 6 7 8 9 52 15 14 '19 20 21 22 23 24 25 Page 83 MS. SAUNDERS: And the challenge that we gave back to you was raise some money, show us that you can do this. The county -- we'll ask the county to come up with the building, you show us that you can do fundraising and then we'll go from there. I don't see that $5,000 is a whole lot of fundraising. MR. TYSON: Well, that's what we've allocated towards this. We've had presentations. One of our members has done an impersonation of Tommy Barfield and so on, and we've had some minor fundraising that's taken place in the last year. But when you're looking at three million dollars, we need to get this -- you know, these plans and the model and the drawings together to go forward when we approach somebody, whether it's WCI or whoever. We've got to have this situation going. CHAIRMAN COLETTA: The Collier County Commission has more or less read the riot act to you on this. And I admire the fact that you're willing to go forward with this to the point where you're going to raise the three million dollars within Marco. And that says something for you and the community. And I understand that this 25,000 for u MAY 2 B 2002 Page 84 [ 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 investment to encourage everybody on; in other words, showing that their -- the basic commitment from the county's been made in the form of a letter to you saying that the land is available and more or less gave you a deed to it, if certain conditions are met. There's been no promise for funds from the county at all for anything because of the fact that you are on your own. MR. TYSON: Right. CHAIRMAN COLETTA: And this $25,000 is a good faith type of deposit on our part to be able to encourage the community to go to the next step; is that basically what you're trying to say? MR. TYSON: Yes, sir. And in case your members are not fully aware of it, once we get the museum built, upon the cutting of the ribbon, so to speak, we're going to turn it over to Collier County as part of the museum system. So it's not all going to the Marco Island Historical Society. MS. SAUNDERS: Have you spoken with Ron Jamro in the Collier County museums to see where this fits into their planning? Should it not come out of their operating budget then? ~oA~ MR. TYSON: I've not suggested that to Ron, 2002 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 Page 85 because we felt we wanted to do this pretty much on our own. MR. WALLACE: You have one speaker, Mr. Chairman. CHAIRMAN COLETTA: And who might that be? MR. WALLACE: Betsy -- and I would not even attempt to pronounce the last name. CHAIRMAN COLETTA: I'm sure when Betsy comes up to the podium, she'll pronounce her name correctly. Betsy, are you in the audience? MS. PERDICHIZZI- Yes. CHAIRMAN COLETTA' Please come up to the podium. If you would like to speak -- if you wish to waive, that's your privilege also. MS. PERDICHIZZI- question. CHAIRMAN COLETTA' I would like to address the You'll have to do that up over at the podium. and for the record, also spell i~. MS. PERDICHIZZI: My name is Betsy Perdichizzi. P-E-R-D-I-C-H-I-Z-Z-I. A good old Italian name. The -- I would like to speak to the question And pronounce your last name, MAY 2 8 2002 of Ron Jamro and the county museum. They much in favor of adding Marco Island to th 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 museum system. building, they operate it, which And they have -- once we build have agreed to maintain it and we could not do. We're not big But we're trying to raise the just for Marco, but for all of .enough to do that. building, not only Collier County. We believe that this is a we have a particularly unique area of history that needs be valued, the Calusa Indians, the Pepperhurst (phonetic) expedition, the pioneers, the clam factory, the coastal community, which know Naples has a coastal community but Immokalee Roberts Ranch don't. So we believe this is uniquely an opportunity. And we think that we might be the star museum in the museum system. Naturally we think that. But are there significant amount using. But we design and the MS. SAUNDERS: significant amount is, MS. PERDICHIZZI: 35,000. MS. SAUNDERS: You any questions? of money, which are asking this model. Can you tell roughly? I believe We have we will be amount for the us what the it's around have raised about 3~ Page 86 to and raised a AGENDA HAY 2 2002 Pt. 1 2 3 4 5 6 7 8 9 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 87 toward this project? MS. PERDICHIZZI' CHAIRMAN COLETTA' actual building fund, right? MS. PERDICHIZZI' Yes. Since 2000, the year 2000. But this is part of your us that we will be needing this money, so -- to do the -- to begin our fundraising and go on with -- you know, we have -- the county has given us five years. We believe -- they say that if you can'= raise it in two, it's not going to be done. So we are looking forward to raising it in two years. And everything that the Historical Society has done in the past two years has been toward building this museum fund, to show our earnest money. MR. VACCARO: Mr. Chairman, while I'm in favor of museum projects or special exhibits that will draw tourists to Collier County out of season, I don't think I'm in favor of funding architectural models. I would think there's enough strength and people committed to this project on Marco to be able to fund this and get this thing off the ground without the help of the county or the TDC. But again, in the future, if you bring to us a project or an exhibit that convinces me tha~. will draw out-of-county tourists, I'!1 vote fo~ Ron Jamro encourages 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 88 I A model won't do it. MR. GALLEBERG: I had the same concern from a slightly different angle, and that is at what point do you lose the nexus with tourism? Clearly funds to make a model to raise funds isn't tourism related. However, if the museum were ever completed and it were attractive enough, that might be a tourist drawing activity. But this request, I just don't see the nexus. MS. SAUNDERS: I agree as well and -- CHAIRMAN COLETTA: Let's go down the line. Kevin, did you have any comments? HR. DURKiN: i was somewhat in agreement until you mentioned absolutely total Collier County. We were doing something strictly for Cot!let County and you left out the tourism, and actually you destroyed my attitude towards it. And I have te agree with these two gentlemen at this point that I will not support it. HR. THIRION: I'm the same. I'm very much in favor of museums, but not for this purpose. It's net a match fund, se -- CHAIRMAN COLETTA: Well, going down the line} being next, I have to say that I knew I'm in the minority en this, but I see it as an investr MAY28200_ t 1 2 3 4 5 6 7 10 12 13 15 1¢ 17 19 20 21 22 23 24 25 Page 89 something down the future. And that if we're not forthcoming, that possibly this thing could be delayed past the five-year window. That's my concerns. I've been following this thing through since its conception, and I think it's going to be a positive thing for tourism. Marco Island is tourism almost from one end to the other. And Marco Island being a community that's very small, I'm sure that they're going to have -- this resource is going to be utilized tremendously by tourism. But again, too, that's my opinion. MR. DINUNZIO: There isn't much else I can add that hasn't been said except that I just can't vote for a museum project at this time. I just don'E see the relevancy and where they drive tourism to Collier County. And the revenue that's generated from them, you know, I haven't seen it in the Collier County museum. I've yet to see that demonstrated for the investment that this Tourism Development Council makes in that museum. MS. SAUNDERS: I'm delighted that you've raised 35,000, and I can't think of a better use for it with the county already having given you a five-year grant for the loan than to move ahe~Al~ rapidly with that money to do what you thi~k~~ MM 2 B 2002 Page 90 [ 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 next step and then come back to us as we go along. But the idea of having money in escrow for five years down the road while we fund in between doesn't work for me. MS. BUYSSE: Yeah, also I haven't heard what projects there are for raising three million dollars. I mean, it's not that easy to raise three million dollars in two years. information is forthcoming. And it seems like no And if you don't raise that money, we have spent S25,000 for noYhing. CHAIRMAN COLETTA: Well, with thaE, would somebody like to make a motion? MR. DINUNZiO: I move the motion be denied. CHAIRMAN COLETTA: And second was by? MR. DURKIN: Second. CHAIRMAN COLETTA: Kevin Durkin. And with that, is there any other discussion? Okay, all those in favor of the motion, indicate by saying aye. Opposed? Aye. I'm the dissenting vote. Okay, next item, Naples Botanical Garden. MS. QUINN: Thank you for the opportunity to present our grant proposal to the Collier County Tourist Development Council. Naples Botanical Garden -- I',4AY 2 8 2002 COLLIER COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT FUNDING CATEGORY "C" MUSEUM GRANT APPLICATION APPLICANT INSTRUCTIONS Category "C" Museum funding is available through the Tourist Development Council and Collier County Board of County Commissioners. This funding is to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. PROJECTS ELIGIBLE FOR FUNDING 'Units of county, municipal or other governments; or museums that are owned and operated by not for profit organizations and open to the public are eligible to submit applications and compete for funds. APPLICATION REVIEW AND SELECTION The Collier County Tourist Development Council and the Collier County Board of County Commissioners will evaluate all eligible applications on a competitive basis. Other sources of funding to leverage the Tourist Development Grant will also be evaluated. APPLICATION DEADLINE To be considered for funding, applications must be delivered to the TDC Coordinator on or before 5:00 p.m. on March 20, 2002. ADMINISTRATIVE REQUIREMENTS To receive Category "C" Museum funds, grantees will be required to sign the funding application and the Standard Tourism Agreement. TO REQUEST AN APPLICATION, CONTACT: BLEU WALLACE, DIRECTOR CDES OPERATIONS MAY 2 8 2002 3050 N. HORSEHOE DRIVE, SUITE 210, NAPLES, FLORIDA 34104 (941) 403-2302 OR DEWEY~VALLACE @ COLLIERGOV.NET COLLIER COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION SPECIAL CATEGORY MUSEUM GRANT DATE: March 12, 2002 1. PROJECT TITLE: Architectural Drawings, Artist Rendering and Scale Model 2. APPLICANT: Marco Island Historical Society, Inc. 3. TYPE OF APPLICANT: _ _ t X NON-PROFIT __GOVERNMENT AGENCY__ FOR-PROFIT ORGANIZATION ORGANIZATION GRANT AMOUNT REQUESTED: $ 25,000.00 MATCH/LOCAL COST SHARE AMOUNT: $ 5,000.00 6. PROJECT TYPE (CIIECK ONE) MUSEUM GENERAL OPERATING SUPPORT MUSEUM EXHIBIT X ACQUISITION & DEVELOPMENT HISTORIC RESTORATION HISTORICAL MARKER ARCHAEOLOGICAL SITE SURVEY COMMUNITY EDUCATION PROGRA_M EDUCATIONAL MATERIALS HISTORIC SITE DESIGNATION (FOR NATIONAL REGISTER OF HISTORIC PLACES) 7. In the space provided below, briefly describe the project for which funding is requested (do not attach additional pages): We are requesting Tourist Development funds for the purpose of procuring services for the Architectural Design, an Artist Rendering and Scale Model for the proposed Marco Island County Museum. The architectural design, artwork and scale model will be utilized in our capital fund raising efforts. 8. Provide a 3x5 photograph, drawing, or conceptual view of the property, site or exhibit. None available as the end product of this request will provide the conceptual drawings of the proposed museum. 9. PROJECT INFORMATION: STREET ADDRESS: Heathwood Drive, Marco Island, adjacent to the Collier Island Library Branch. 2 2002 10. APPLICANT INFORMATION: ORGANIZATION NAME: Marco Island Historical Society, Inc. ADDRESS: P.O. Box 2282, Marco Island, FL 34146 CONTACT PERSON & TITLE: William (Bill) Tyson DAYTIME TELEPHONE NO: (941_) 394-0800 FAX NO: (941) 394-5662 11. APPLICANT'S GRANT HISTORY: Have you received previous grant assistance from the Collier County Tourist Development Council? If so, specify the year, the project name and the amount of the grant awarded. YEAR PROJECT NAME GRANT AMOUNT FY02 FY01 FY95 -0- 13,900.00 Brochures Key Marco Cat Exhibit @ the Collier Co. Museum 66.516.00 (9,650 re-paid) 12. ANNUAL MAINTENANCE: What is the anticipated cost of annual maintenance of the historic property, site, marker, exhibit or program upon completion of the project? Who will be responsible for ...... of .... i,,, fundin Not applicable at this time. 13. What is your organization's current annual operating budget? $ 4,000.00 14. Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. Upon its completion, the Collier County Museum on Marco Island will be one of the primary attractions for people visiting Southwest Florida. Currently our two mini-museums are advertised in the Marco Island Chamber of Commerce magazine, which has an annual distribution of fifty-five thousand copies. We also advertise in the Marco Review, which publishes thirty thousand issues quarterly. The 2002 publication "Historic Marco Island" was done by the Marco Island Historical Society (15,000 copies distributed). MAY 2 8 2002 15. What is the current or anticipated annual visitation of your facility? Presently, our two existing museums have approximately 5,200 visitors annually. This number includes 120 students from the Tommie Barfield Elementary School. We anticipate a much greater volume when the Collier County Museum on Marco Island is a reality. Actually we predict our annual attendance figures will surpass all the other museums in Collier County. 16. PROJECT BUDGET: Summarize all of the major elements of the project (e.g. planning, acquisition, restoration, design, etc.) and the estimated cost of each item. PROJECT ELEMENT Architectural Design Artist Rendering/Floor Plan Scale Model GRANT FUNDS REQUESTED $25,000.00 MATCHING FUNDS SUB-TOTAL $5,000.00 $30,000.00 $ 5,000.00 $ 30.000.00* TOTALS: $ 25,000.00 * See attached Exhibit "A". 18. LOCAL SHARE Private Pledees/Contributions How I ...... ;11 ' ,~1. oh ~1~,~ t1~;o {}j MATCHING RESOURCES: List the sources and amounts of confirmed matching funds. AMOUNT/VALUE $5,000.00 TOTAL MATCHING SHARE: $ 5,000.00 I A¥ 2 8 2002 CERTIFICATIONS 19. APPLICANT CERTIFICATION: The duly authorized representative of the applicant organization or agency must sign this certification before the application will be considered for grant assistance. I certify that the information contained in this application is tree and correct to the best of my knowledge, and that I am the duly authorized representative of the applicant. Bill Tyson Marco Island Historical Society, Inc. Name (type or print): Agency or organization: Title: Director Signature: Date: MAY 2 8 2002 03/19/2002 15:14 FAX 6457435 ittSummersWeaver Bar__an_vSchm ..... ^' "%'---;-'.. . E . s ,.co .o.ATED Exhibit "A" March 19, 2002 Joseph A. Bara~,y. AIA Eugene C. Schm~tt, AIA Daniel A. Summers, AIA Ronald G. WeaveL AIA Kenneth G. A~fl, ALA Fort Myers Office:~] Sude 30G ~-ort MyerS. FL 339~9 34'tt278-3838 FAX 941/27fi-5.35G 5$SWP. m~ aol.~m rlaplcs Gll:ce:~ 5 ~65 Ca=tel',o Or~ve Naples. FL 34103 94 ~ FAX 941/64.~.74;35 ELSS .,,~ nap ~ Licer~c Il AA C001863 Mrs. Bill Tyson Director Marco Islahd Historical sodety P.O. Box 2282 Marco island, FL 34146 Dear Mr. Tyson, 'Thank you for the opportunity to provide preliminary design and planning services for the MarCo island Museum. The following is a Iorief summary of the services needed to produce an effective marketing package for the Museum's fund raising campaign. Barany Schmitt Summers Weaver & Partners, Inc. proposes to: Meet with Museum and County representatives to develop a prelim, r. arl program for an 8,0(30 s.L museum building. Provide conceptual site and building design. Produce rendered conceptual elevations and ~ccr plans for pre. sentaticn display- Build a scale model of proposed design for display and fund raising. The totai fee for this work is ,=o ,,~,,o .... Programming ancl conceptual design Presentation floor plans and renderings of buitding Sc. ate model construction TOTAL 15,000.00 7,000.00 8,000.~ $ 30,000.00 Should you have any questions or need additlonat information, please teel tree to contact me at anytime. Daniel A. Summers. AIA, V.P. 2002 EXECUTIVE SUMMARY CONSIDERATION OF FISCAL YEAR 2003 TOURIST DEVELOPMENT CATEGORY "C" (MUSEUMS) GRANT APPLICATION FROM NAPLES BOTANICAL GARDEN IN THE AMOUNT OF $500,000; TOURIST DEVELOPMENT COUNCIL RECOMMENDS APPROVAL OBJECTIVE: Board consideration of Tourist Development Category "C" (Museums) Grant Application from Naples Botanical Garden. CONSIDERATIONS: On April 15, 2002, the Tourist Development Council (TDC) considered the Tourist Development Category "C" (Museums) grant application from Naples Botanical Garden in the amount of $500,000. Ms. Sondra Quinn, President/CEO, Naples Botanical Garden provided a presentation to the TDC and answered questions regarding the application. An extract of the verbatim testimony regarding this grant application is provided with a copy of the application. After discussion, the TDC voted 8-1 (Vaccaro dissenting) to recommend Board approval of the grant in the amount of $500,000. FISCAL IMPACT: No fiscal impact if the grant application is denied by the Board. If approved, the grant will be funded from FY02/03 Fund 193 Reserves (Category "C" - Museums) in the amount approved by the Board. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATIONS: Board consider the application, verbatim testimony, TDC recommendation, and take final action in approving or denying the grant application. If approved, recommend the Board authorize budget amendments associated with this action and the drafting of the standard Tourism Agreement regarding funding of the project. D~. E. "Bleu" Wa~ace, Director CDES Operations Department /Jo3/eph K. Scl/trnitt, Administrator (6mmunity Development & Environmental Services Division EXTRACT OF TRANSCRIPT APRIL 15, 2002 MEETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Pages 90 through 118 regarding 2003 Tourist Development Category "C" (Museums) Grant Application from Naples Botanical Garden Council Members Present: Chairman James Coletta City of Marco Island Councilman E. Glen Tucker Naples Vice-Mayor Gary Galleberg Mr. Jerry Thirion Ms. Liana M. Buysse Mr. Gene Vaccaro Mr. Kevin Durkin Mr. Joe DiNunzio Ms. Rhona Saunders Staff Members Present: Mr. D. E. "Bleu" Wallace, Director, CDES Operations Department Mr. Thomas Nohl, Senior Management/Budget Analyst, CDES Operations Department Ms. Jaqueline Hubbard-Robinson, Assistant County Attorney MAY 2 8 2002 ~.~2. Page 90 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O next step and then come back to us as we go along. But the idea of having money in escrow for five years down the road while we fund in betWeen doesn't work for me. MS. BUYSSE' Yeah, also I haven't heard what projects there are for raising three million dollars. I mean, it's not that easy to raise three million dollars in two years. And it seems like no information is forthcoming. And if you don't raise that money, we have spent $25,000 for nothing. CHAIRMulN COLETTA: Well, with that, would somebody like to make a motion? MR. DINUNZIO: I move the motion be denied. CHAIRMAN COLETTA: And second was by? MR. DURKIN: Second. CHAIRMAN COLETTA: Kevin Durkin. And with that, is there any other discussion? favor of the motion, Okay, all those in indicate by saying aye. Opposed? Aye. I'm the dissenting vote. 21 22 23 24 25 Okay, next item, Naples Botanical Garden. MS. QUINN' Thank you for the opportunity to present our grant proposal to the Collier County Tourist Development Council. Naples Botanical Garden 2002 ! 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT REPORTER: Excuse me, your MS. QUINN: I'm sorry, Sondra Quinn. president/CEO, Naples Botanical Naples Botanical Garden is building a world-class subtropical botanical garden the intersection of Bayshore Collier County. The garden concept master plan for the Garden. developing begun the process of securing the environmental and developmental permits. name? I am -- is 21st Century tropical and on a i60-acre site at and Thomasson Drive in has just completed the entire site and has necessary Poised to become a major year-round tourist destination, attracting residents of Florida as well as national and international visitors to Collier County, the garden will increase the amount of time visitors stay in the area. With the generous support of the Collier Tourist Development Council and the Coun=y Commissioners in 2001, we completed the phase and are now providing programs and I just wanted to take a moment to what we were able to do this past the Windstar garden room. We learning laboratory program, County Board of preview services. And with you We completed completed the Page 91 share year. s well MAY 2 8 2002 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 Page 92 as we started launching our programs. And this is the learning lab. We opened this at the end of January, and started our life-long learning program. So far we have in the last two months done 32 programs, attracting approximately 1,000 participants, 53 percent of which are outside of Collier County. In the Windstar garden room, we're in a shake-out phase, and we are testing programs. We launched this in late February. And in less than three months of operations, we've also had 14 events reaching 1,230 people. We have established contacts with major hotels, caterers and event planners, and over 150 of these representatives came to our lunch event and we have received leads from all of them. We've also established a web site to promote the Windstar garden room, and this has resulted from leads all over the country. I think in your materials you received a four-color brochure. We also have a number of bookings throughout the end of the year for weddings and art shows and rehearsal dinners, and we're presently right now trying to complete the Florida preview garden that was part of last year's project, which will i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1.2-acre site, because we have many people now coming to visit a garden, and that is being finished up. And that will focus on the unique ecosystems of Florida. I wanted to show you on our 160-acre site, just to give you a very big picture of what we're doing, what our five-year plan is so that it ties into what our request is. This is one-third of the 160-acre site, which is what we are preserving of Florida: The oak shrub, the pine ftatwoods and the wetlands. And this is a gives you an idea of what the total site looks like, just so that you can understand here. You come down -- this is Bayshore Drive, this is where the entrance would be. This will be a parking grove across a bridge, into a ticketing and retail center. This is the 26th Parallel gardens, 26th Parallel visitor center. There is also a family garden, a conservatory, a water garden, and then you go out into the whole Florida garden. This is the garden. So the Caribbean, the Gardens of Africa, the Gardens of Asia. And this. will be an This Page 93 expansion garden down here later. project will take many years to do MAY 2 8 2002 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 ll 18 19 20 21 22 23 24 25 Page 94 mean, it could take 10 to 20 years to complete the entire si~e. Hewever -- and we are also trying te design it in a way so that as we do it in different phases, there will be ne intrusion upon what has already been developed. At the very rep we have been having discussions with Florida Gulf Coast University. This has net been anneunced as final yet. But they are planning to have a research site in ethnobetany en the site ef the garden, which they would in fact pay fer. They have already submitted requests te the state. It allews us to have scientists there working on the site. And they feel very strengly, as brekers ef research with the University of Florida, the Natienal Tropical Botanical Garden in Hawaii, that this could serve as an international research site for ethnebetany here in Cellier County. In additien te that is the educatien center where we weuld share a building. And at the very top here, we have preserved the building that was en this site when we first beught the land. That will continue to be eur educatien and administratien building. Se funds that have been invested te date will net go av~y lnloD - p~. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 95 five years. This is a long-term site. Down at the bottom here is what we are calling our -- this is a future events and administration area, but this would be over a long period of time. Again, it's designed so that if the garden is closed during the evening, we have access to administration and events, as well as being able to have extra parking across the street. We see this as the possibility to do evening events such as concerts and presentations outdoors, and festivals. The elements to achieving our 180,000 attendance target: These were achieved by Economic Research and Associates. It is a company out of Washington D.C. who have done our feasibility marketing study for us. And basically what they have told us in terms of ~aking a look at drive times that start anywhere from 15, half an hour, 45 minutes, an hour, two hours, and these are the elements key to achieving what they think we will be able to on an annual basis is 180 to actually 200,000 attendance target, is what they're projecting. There are four things that they have said are going to be required to do that One is un of place. And what I'm showing you in ter~ 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 what's being preserved on is in fact the uniqueness to see the different eco, the Florida garden, of place that people and the different environments The second experiences. where we've The third conditioning. people who there must during the rainy very hot to be able finally if we would that Southwest thing they've And you'll see included that. Florida has. stated in our Page 96 that come is multiple five-year plan is conditioned space, meaning air And ultimately for the variety of would like to be there for four hours, be an opportunity in the summertime, season, and when it gets very, to go inside and outside. And like people to be able to s=ay longer than two hours, food service facility. So to start with, five-year plan will be we must have some sort of the components of the site preparation, the parking grove, amenities, 26th latitudes, pavillion, the ticketing the and 26th conservatory, garden, Florida habitats and beverage facility, and the facilities. the entrance building with visitor retail, gardens of the latitude cultural the family discovery trails, food and nursery maintenance : M~ 2 ~ ZUUZ - ~. ~ 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I just wanted to share with you what this might look like. As you come down Bayshore Drive, you would go into the parking grove, and the parking grove will be covered with lovely flowers. You go across this bridge to what we call right here as the ticketing, membership and special kinds of programs that you can sign up for. You'd be able to rent everything from wheelchairs to strollers to lockers. There will be bathrooms, et cetera. And then also a destination retail store, so that if you wanted to be able to purchase something without going through the garden, you would have that access. Next we go into gardens of the 26th latitude. And I know this is hard to see. Here is the conservatory. We see the conservatory as the orientation for this entire 160-acre site so people don't get lost. They can always find their way back. Here on the pavillion. And on far the which is right outside building. We stroll through Cultural Pavillion. different venues. left is the. 26th parallel right is the north lake, the back of the current this to the Latitude And this actually has f This is the living mural, Page 97 26 "h 11 1" t l t:) L4 MAY 2 8 2002 1 2 3 5 6 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23' 24 25 sensory theatre, the flower showcase and'the exhibition hall. In the living mural area., we have -- next slide. In the living mural area, we have -- we're going to be able to do an overview of what in fact you can see and do while you are there. There's also a theatre that will have a film in it that can show all through the day. And then thirdly there is a flower showcase. And one of the things -- I know, Commissioner Coletta, you mentioned about grassroots. We are looking for this flower showcase to be a place where we can create a platform for all of the different plant societies and garden clubs in this area to create their shows so that we always have something changing and something different happening throughout the entire year. This is the family discovery garden. We have a themed area which is going to be something we can offer for birthday parties or family parties. This is the treehouse trading center. And over here is an amphitheater where everything from puppet shows to presentations, story telling and demonstrations, kids that all address the mission of people and plants. ~~ connecting Page 98 1 2 3 4 5 6 7 8 10 12 15 24 1¢ 19 20 21 22 25 24 25 Page 99 The conservatory, this is a cutaway of a 21st Century conservatory which will house our Amazon rain forest. And the important thing here is this .ties together very strongly with the university research program and the focus on what is it we're finding in the rain forest right now that is really serving society, such as medicine. We want to focus on the food, clothing, shelter, medicines and economics. And one of the things that i think the university feels very strongly about is being able to focus on folks such as Dr. Paul Cox from the Hawaii Botanical Garden, who has actually just found plants in working with some of the healing women that have in it -- I just learned about i~ this week, that they now have something in working with some of the pharmaceutical companies that is a possible cure for AIDS. So there's some really exciting kinds of stuff that we could be doing here on-site. This gives you an idea of the inside of the interior. And the idea is a chance to have a lot of different bridges at different levels to see what lives between the understory all the wa the top. And on the bottom left is the heal 2002 12. 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 Page 100 hut where we would do a lot of presentations about how people have used plants through the ages for both pain, as well as curing. And then on the right over here is what I call the research station. This is where we would really keep people abreast of what is current, what is happening right now in research. And we would also feature researchers when they're here on the site to talk to visitors. We then go into food service. We have a cafe which both has an outdoor area where you can look over the lake into Asia and an indoor area. And this takes us now to the Florida pavilions. We will have pavilions in each of the areas. This one, the Florida wetlands pavilion, would probably be an observatory, which gives you an opportunity to really look at all the wildlife, but the purpose of these pavilions will be to offer people a place to get out of the sun or the rain, to go to the bathroom. We'll be using real machines like -- to demonstrate proper kinds of stewardship management. And also an opportunity to have volunteers who are working on doing demonstrations or teaching classes and having hands-on interactive experiences i ~W~OA~]~ ~JAV ~ n ~ 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 This gives you an idea of how the pine flatwoods trail may be detailed, that all of areas would have interpretive demonstration Page I 01 these spaces. And finally, an idea of how it might be attending an evening activity or event in the 1,000-seat outdoor amphitheater, which is expected just to be made of green grasses and look natural all the time, looking over at the gardens of Asia. So these this is a very, very short overview of what our dream is. But our dream is finally becoming a reality. Today what I am requesting Yhat you consider is that project. creating Drive, which Bayshore and Also, there are three is our perimeter And our perimeter project includes a 30-foot wide gated entrance on Bayshore intersection of is 900 feet from the Thomasson Drive. securing approximately 1,800 linear feet of the site with a decorative perimeter wall and landscaping from the events entrance that I showed you to Thomasson Drive, down Thomasson to where the research entrance'would be. And finally, securing the remaining portion of the site feet of perimeter with approximately fencing and landscaping, where 12'001 appr 2002 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 Page 102 [ Now, this is part of the Category C(2) under the piece on construction that would help us get this site work up and running on the project. This is an artist rendition of what the gated entrance on Bayshore Drive might look like, with the decorative perimeter. And this basically shows you the decorative would be from the corner here of Bayshore Drive down to where the events area is, and then down this area here on Thomasson. So what we would be able to do is have landscaping, but it would be Florida I mean, it's actually Florida fauna. And wha~ we're talking about also doing is being able to put labels or interpretive materials so that as people come down, in addition to the 1.5 acres that we are finishing off in the Florida garden right now, there would be a lot more to see as far as what the garden is becoming. In the meantime, on the inside we will be doing the following: We will actually be well, I should actually first tell you that this project budget is for the general requirements request of 31,000, matched by 14. Construction material 252, matched by 270, 820. Specialties of 60, HAY 2 8 2002] 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 Page 103 matched by 43,200. Electrical would be of 134,000. Landscaping and irrigation Design engineering services at 40. And at 500,000 as part of the match. So the total request is for 500,000. matching that with $962,020. guess in closing remarks, that securing the site is going to Botanical Garden to get on with the and mitigation, and we need to are And I completely Naples preparation the entire 160 acres. We now of permitting and the must -- we'll be Water Management Army Corps of Engineers that will take almost a year So we want to show progress. able to have some sort of experience on the outside, be safe once we start to do children and people of the site. So I thank you our match 117,000. mitigation And we consideration very much for are in the midst zoning process, allow the site mitigate righn but we dealing with Southwest Florida District, Fish Game and Wildlife, and Collier County. So in that to be able to do that. We also want to be a Florida garden and we also want it to some of this for neighborhood in terms very, very much of this project, and I also what you allowed to happen for your thank you at t~~ ~Av 2 .o ~nn~ Page 104 I 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 Naples Are MR. you have MS. MR. tell us MS. Botanical Garden this there questions? past year. THIRION- I have a question, Sondra. the 962 in hand? QUINN: Yes. THIRION: You do. The mitigation, a little bit -- just a QUINN: This is Tom Berger, our operating officer, and he's been actually very closely with the engineering firms. MR. BERGER' Sorry, what was the Do sir? can you chief working question, MR. THIRION' The mitigation. Just a little bit what's involved with that. MR. BERGER: We are beginning the permitting process now. We actually do have our wetlands permit for clearing on the site. The process will involve clearing all the exotics and invasives, and it is my understanding from the consultants that the entire site is done initially in one -- as one full step of the process. MS. QUINN: And I guess the other part that relates to the water, that is what we have spent so much of this year doing, in working with ~ur~_~-~A~ NAY 2 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 Page 105 environmental engineering firm, as well as our civil engineering firm, to really make sure that before we go into the process of permitting, that .we have the water where the water needs to be, and that we have really taken a look at all of these environmental concerns, as well as, as I mentioned, the removal process of all of the exotics. Does that answer your question? MR. THIRION: Yes, thank you. MS. SAUNDERS: Sondra, did I understand you at the very beginning correctly to say tha~ in the programs that are already underway, 53 percent of the people attending come from outside Collier County? MS. QUINN' where, roughly? MS. QUINN' Yes, ma'am. MS. SAUNDERS: Can you give us an idea of Not each person, but -- Actually, what we've been doing is collecting our -- I mean, we have -- they're obviously coming from outside of Collier County. Lee County, but we have people that are coming when they're on vacation here, they're also coming to some of those. And we've been doing this by collecting zip codes And I'm sorry, I doll'~ ~,re that with me, I just know what the percent.~ge~r~. MAY 2 8 2002 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 Page 106 MS. SAUNDERS: That's fine. I think that's a spectacular figure for somebody that -- MS. QUINN: We're trying to work closely, as I mentioned, with hotels and letting them know when we have classes and site tours so that people coming can in fact participate. But we are also hoping now that we have this up and running that we can get better information from the guest services people with whom we're in touch who can tell us the better times ~o actually try to be able to do some of these programs. And I guess the other final comment would be that while we are going through permitting and we get security up around the fencing, we would be continuing to do the weekly I mean, we're doing several a week site tours that are for public tourists, whomever, to go out onto the scrub and the pine flatwoods. MS. SAUNDERS: Thank you. MR. GALLEBERG: Mr. Chairman, I have a question for staff, if I might direct it. CHAIRMAN COLETTA: Go ahead. MR. GALLEBERG: Our projection for the C-2 category for fiscal year '03 is $475,400 request is for 500,000. Are there funds and this G~RDA ' MAY 9 o ~nn,~ 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 Page 107 or should we be staying within this '03 limit, or what? MR. WALLACE' Good question. For the record, Bleu Wallace. I posed the same question to our budget director, and he advised me that there was two hundred and -- somewhat over $200,000 of non-specific TDC funds that could be utilized to augment that number. I've sent word downstairs to ask him to come up and explain that. But that is available without changing the percentages. MR. GALLEBERG: Thank you. MR. VACCARO: Mr. Chairman? Just a comment. We funded seed money for ~his project last year. Half a million dollars, was it? CHAIRMAN COLETTA: No, it was less than that. MR. WALLACE: For the record, Bleu Wallace. It was $500,000 initially, and ~hat was reduced by some 130 something -- MS. QUINN- MR. WALLACE' MR. VACCAR0' 122. It was reduced by 122,000. Okay. I mean, I can see funding the 122,000, but it seems to me that rather than promoting tourism, we're building a botanical garden, if you're going to come to us every y~ ~'~A¥ 2i 20t2 - ~...~.~_.~ 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 Page 108 for a half million dollars. We provided the seed money, now we're providing construction money. MS. QUINN: Which is part of Category C-2. MR. VACCARO: Right. But again, the intent of this organization I think is to provide seed money for some of these projects to get them up and running, give them the impetus to start this and then save our big guns ~o promote it and to bring tourists to town once you've got this going. And you've got plenty of benefactors out there that are supporting your efforts -- MS. QUINN: I'm just -- MR. VACCARO: --besides the county. MS. QUINN: -- hoping that we could get it up and running faster, because it's all a matter of time. And we do have a very large -- I mean, the amount of money that i'm requesting for this total five-year project -- this total five-year project is 60 million. It's 35 and I showed you all of the pieces. The conservatory is a separate piece. That includes the land. We've already purchased the land. But the request I'm making is less than one percent of the total project, which is focused on really becoming a tourist attraction. And what you funded last year really di~ ~] Iow ID MAY 2 8 2002 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 109 us to get up and running with the garden room, the laboratories, as well as the small gardens, so that we do have an interest now. People are coming, they are participating. So this is another piece of it. MR. VACCARO: Right. And that's what seed money is for. And I agree and I~m glad it's working, and I would support the 122. MR. WALLACE: For the record, Bleu Wallace. Let me clarify that. That was $122,000 reduction to the original grant of 500,000. Right. So they ended up with a modified MR. VACCARO: MR. WALLACE: amount. MR. VACCARO: And that's what I'm saying, I would be willing to give that back. The balance is what CHAIRMAN COLETTA: you're -- MR. VACCARO: CHAIRMAN COLETTA: line. Ms. Buysse? MS. BUYSSE: Well, I think that we've been looking for 10 years for a real good project for Correct. Well, let's go down the tourist attraction, and I think this is the could dream, really. I think this is wonder Page 110 [ 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 2O 21 22 23 24 ,25 think that we are providing seed money and it doesn't mean that it's only for one year. I th£nk that we can keep on helping this incredible project that I'm sure will attract a lot of tourists, specifically in the summer like we want them to be. Because we are not here to promote only tourism for Collier County. We're here to promote tourists in the shorter season. I think everybody kind of forgets a little bit. But I am totally for this project. And that's it, I am MR. VACCARO' I didn't want to give the impression that I'm not for the project. I am definitely for the project. And I -- in fact, I made the motion to fund the half a million dollars. I'm just not for the project at any cost. MS. BUYSSE' Well, it looks to me like to keep them going forward this is reasonable for us to fund. CHAIRMAN COLETTA: Ms. Saunders? MS. SAUNDERS' As I recall, when this project was brought to us at first, it was brought as a long-term project. And while we could not make a commitment for extended number of years, verbally everybody on the committee that -- the counci ~_1~_ 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 Page agreed that we would continue funding this. The exciting thing to me is that they're already pulling tourists from outside Collier County in, a significant amount of it. I have never frankly heard the rest of the museum system say to me we're getting 53 percent of our people coming from outside Collier County. And I find that very, very encouraging. I strongly endorse this. And I challenge the rest of the Collier County Museum system to come up with the same kind of figures. CHAIRMAN COLETTA: Mr. DiNunzio? MR. DINUNZIO: If I recall, last year when you were before this council you were asking for considerably more than 500,000. MS. QUINN: We did. MR. DINUNZIO: And at that point, if I recall correctly, this council thought and agreed that the concept was good, even at the amounts you were requesting. And the 500,000 was basically a negotiated effort to be able to kind of keep everybody happy that was looking for some other things also. So based on the fact that I believe this council believed in it then, I still cont ~t~Y 2 ~ 2002 to Page 112 [ 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe in it now. CHAIRMAN COLETTA: And if I may comment, I too think it's a very worthy project, and I commend you for all you have done. But I have great concerns over the directions that we're going. We're looking at 20 times what the Marco Island Museum just asked for the same thing, to be able to establish a grass roots effort to be able to move things forward. Also too, I know very shortly we're going to have discussion before us over the other museums, which lie in the ouulying areas of Collier CounUy where you don't have your hotels and you don't have your tourist industry built up who are desperately trying to hold their own and to make a go of it. And I can tell you, when this comes before the Collier County Commission, they're going to be looking for a balance across the board. And I know I am, too. I for one am not against the project, I am not against funding it, but I want the respect given to the small entities that are out there in the hinterlands that are trying to develop their tourism industry. Thank you. MR. THIRION: Mr. Chairman, I agree witl 2 8 201"' 2--m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 113 respect word. I think the thing that kind of sways me like it did initially was the fact that they have matched their funds. They've exceeded the funds, in fact, that they matched. That's what gets me. Where the Marco people, I mean, if it's so important to Marco, they could only come up with that little amount of money? I think the businessmen alone should have said this is something we need to get behind. But we're not here to talk about them. But I'm in favor of it, based on the fact Uhat you've been able to demonstrate what you've done so far. I've been out there, I've seen it. It's moving nicely. And you've matched the funds, you've exceeded what you're asking us to. I'm very impressed with that. MS. QUINN: Thank you. CHAIRMAN COLETTA: Mr. Durkin? MR. DURKIN: The same thing, just to reiterate, the grants that have been applied for, you have received. I think the project is certainly looking to grow tourism in Collier County, and it's looking at it as a worldwid event, so to speak, a blockbuster exhibit ty e ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 114 situation. And that's unfortunately what we're lacking on some of our other projects. And I have to -- I'm 100 percent in favor of it, and' I'd like to see continued support from this council. CHAIRMAN COLETTA- Mr. Galleberg? MR. GALLEBERG- I'm very much in favor of this, just with the caveat that we have the confirmation that there's 500,000 available, which I think you just said. I would distinguish this from the previous petition in that this has clearly proved i~s viability and its attraction of tourists, and as Mr. Thirion has said, has more than matched the funds, which is one measure of viability. The Commission may have a broader discussion on that, but I do think the two situations are easily distinguished. CHAIRMAN COLETTA- Mr. Vaccaro? MR. VACCARO- Well, I still feel as though, number one, we're being asked to approve more money than it appears that we have. I can't vote for anything that does that, unless I'm shown what's . available. And number two, I feel as though these folks are doing such a great job of fundraising al 2002 t 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 organizing that they don't need to lean on the county quite so hard as some of these other organizations. And I would still be where I was, and that would be to reinstate the 122 we took away. CHAIRMAN COLETTA: Do we have a motion? someone care to make a motion? MS. SAUNDERS' $500,000 grant. MR. DURKIN- I move for acceptance of the CHAIRMAN COLETTA: Okay, we have a motion -- MR. GALLEBERG: Would the motion makers be willing to condition that to make i~ for the figure 462 -- 475,400, and move it up to 500, subject ko confirmation from the county staff? MS. SAUNDERS: Certainly. MR. DURKIN: I would agree. CHAIRMAN COLETTA- likewise. MR. GALLEBERG' Second of course did I think we might have confirmation right here. CHAIRMAN COLETTA: Okay, just a second. MR. WALLACE: Mr. Chairman, Bleu Wallac~ The budget director will have that number available in just a moment, and you can have that MAY 2 8 2002 Page 115 Would I will second that motion. 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 116 confirmation directly from him. CHAIRMAN COLETTA: Fine, fine. So we'll hold the motion until that point in time. But meanwhile, while we're waiting for that, is there any other comments or questions? MS. BUYSSE: We had amended the motion, so we can vote on it, actually. Because -- CHAIRMAN COLETTA: I think it's just going to take a second to get the actual facts and figures. Not that it's going to change the motion or vote by any one person, but it's great to have it on the record so people knew we exercised due diligence. Mr. Wallace, what do you have? MR. WALLACE: Sir, Mr. Smykowski is still looking in his -- he brought his laptop with him, so he's looking at that. CHAIRMAN COLETTA: Why don't we do this, let's take just five minutes, everybody get up, stretch their legs. MS. QUINN: and Thank you for your consideration support. CHAIRMAN COLETTA' Thank you very mu Wonderful presentation. (Brief recess.) CHAIRMAN COLETTA- Okay, we' re back, :h. Ar~e~o^ rrj~/~ Iv{AY 2 B 2002 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 t8 19 20 21 22 23 24 25 live, been I take it. The little switch flipped? MR. WALLACE' Yes, sir. CHAIRMAN COLETTA' Okay, we're MR. WALLACE: Time to ask Mike budget director, to step forward. over there's live. Smykowski, CHAIRMAN COLETTA: Mike, I apologize for putting you on the spot like this. MR. SMYKOWSKI: That's okay. CHAIRMAN COLETTA: We really appreciate you being here. MR. SMYKOWSKI: I appreciate your taking the five-minute break to give me a chance to orient record, myself. For the director. We have done there is $240,900 193, which is the assuming could now non-county museums, the Michael Smykowski, budget a draft budget for FY-03, and in non-specific reserves in fund museum category, that I'm be used for either county or as that was collected prior to the most recent ordinance change, as to the percentages of current that go to county museums versus museums. Page 117 which is specific year collections- non-county ~oA~ MAY 2 8 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Page 118 CHAIRMAN COLETTA: Any questions on the part of this committee? Okay, so we do have a motion before us, and we do have a valid second, so we're going to go to the vote. Ail those in favor, indicate MR. WALLACE: You have one speaker, Mr. Chairman. CHAIRMAN COLETTA: that MR. WALLACE: MR. BERGER: MR. WALLACE: CHAIRMAN COLETTA: minds, you know that. One speaker? We will take Thomas Berger. I waive. He waives. You might have changed our aye . vote' Okay, all those in favor, indicate by saying Opposed? MR. VACCARO' Aye. CHAIRMAN COLETTA' Okay, we have one negative Mr. Vaccaro. 22 23 24 25 Ron Jamro's on the way to the podium. I see he's got a number of visual aids to help him along with his presentation. MR. JAMRO' Yes, sir, I've got some pro] 4A¥ 2 8 2002 - NAPLES BOTANICAL GARDEN ;oard of Directors Linda G. ~2qitc Chatrrnan HarVey Kapnick ; ':ce Cbairatan Ricb. ard H. Benson Treasurer Catherine K. Ware Secreta~' Directors ~stance T. Alsbrook orothy B. Beckwith ~--Patricia H. Buehler : Jack Crocker Jan N. Eschauzier Leslie K.S. Fogg ,lames A, LaGrippe L. Bates Lea Edwin J. Putzell Juiiet C. Sproul Julian L.H. Stokes Sondra Quinn ?resident and CEO JTl~s projec! ts .~vonsored m parr b*' the Slate Of Flor'tala through the Florida Department ~?fState. Dtv~sw. of Cultural Affatrs. ami t3e Florida Art* Counc#. Colher Cown~.' and t~ Collier Count' Fou~st ~lopment CounoL March 1' 2002 To the Collier County Tourist Development Council and The Collier County Board of County. Commissioners Naples Botanical Garden is developing and building a world-class 21 st Century tropical and subtropical botanical garden on a 160-acre site at the intersection of Bayshore and Thomasson Drives in Collier County.. The Garden has just completed the Concept Master Plan for the entire site and has begun the process of securing the necessary, environmental and developmental permits. Poised to become a major year-round tourist destination attracting residents of Florida as well as national and international visitors to Collier County., Naples Botanical Garden will increase the amount of time visitors stay in the area. Likewise, as a cultural destination at the south end of Bayshore Drive, the Garden will be a major impetus for the continued redevelopment of the surrounding area, enhancing the educational, environmental and recreational needs of local residents. In addition to the formal gant application, we have included the Ibllowing in support of our request: · Museum Category. Grant Request and Overview' · Executive Summary · Project Overview · Market Data · Organization Description · Strategic Plan and Financials · Support Letters · PR and Collateral Materials With the generous support of the Collier County Tourist Development Council and The Collier County. Board of County Commissioners in 2001, Ave have completed the Preview Phase and are officially open, providing progams and services to Collier Count' residents and tourists. Approval of this request for 2002 ,*'ill help Naples Botanical Garden move forward to the next stage of our development. Thank you for your consideration and continued support. Sondra Quinn president/CEO AC.,F. nOA rrv/r~ It>/4 MAY 2 8 2002 - n. 4820 Bayshore Drive phone 941,643.7275 Naples. FL 34112 emati in fo~_a:na plesgarden.org 941.649.7306 na plesbotanicalgarden.org COLLIIgR COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION SPECLatL CATEGORY MUSEUM GRANT DATE: March 12, 2002 1. PROJECT TITLE: PEiq.IMETER PROJECT 2. APPLICANT: TYPE OF APPLICANT: X NON-PROFIT GOVERNMENT AGENCY__ ORGANIZATION 4. GRANT AMOUNT REQUESTED: $ 500,000 5. MATCgl/LOCAL COST SHARE A_MOUNT: PROJECT TYPE (CHECK ONE) MUSEUM GENERAL OPEKATnqG SUPPORT X FOR-PROFIT ORGANIZATION $ 962,t020 MUSEUM EXHIBIT ACQUISITION & DEVELOPMENT HISTORIC RESTORATION HISTORICAL MARKER ARCHAEOLOGICAL SITE SURVEY COMMUNITY EDUCATION PROGKAZA EDUCATIONAL MATERIALS HISTORIC SITE DESIGNATION (FOR NATIONAL REGISTER OF HISTOKIC PLACES) 7. In the space provided below, briefly describe the project for which funding is requested (do not at-tach additional pages): Naples Botanical Garden (NBG) is creating a public-private partnership to develop and build a world-class 21~' Century Tropical and Subtropical Botanical Garden. NBG intends to provide a new tourist destination for Collier County and meet the educational, enviromental and recreational needs of area residents. This project will be phased over a number of years. With the generous support of the Collier Coumy Tourist Development Council (TDC), we have completed the Preview Phase and are officially open, providing programs and services to Collier County residems and tourists. The Garden is requesting'a $500,000 grant from the Collier County Government Tourist Development Council Special Museum Category "C" Grant Program to begin site work as part of its 5-year plan. Funds awarded will allow Naples Botanical Garden to: 1. Create a 30 foot wide gated entrance on Bayshore Drive, 900 feet from the intersection of Bayshore and Thomasson Drives. 2. Secure approximately 1,800 linear feet of the site with a decorative perimeter wall and landscaping from the events entrance to Thomasson Drive, down Thomasson to the Research Center entrance. 3. Secure the remaining portion of the site perimeter with approximately 12,000 linear feet of fencing and landscaping where appropriate. Completely securing the site will enable NBG to begin site preparation and mitigation while continuing to offer site tours and programs for tourists and residents. i his request is to continue Collier County's role in this public-private partnership to develop Naple tourist destination. MAY 2 8 2002 8. Provide a 3x5 photograph, drawing, or conceptual view of the property, site or exhibk. BOTANICAL GARDt~N 9. PROJECT INFORMATION: STREET ADDRESS: 4820 Bayshore Drive Naples, Florida 34112 10. APPLICANT INFORMATION: ORGANIZATION NAME: ADDRESS: NAPLES BOTANICAL GARDEN 4820 Bayshore Drive CONTACT PERSON & TITLE: DAYTIME TELEPHONE NO: ( Naples, Florida 34112 Ms. Sondra Qui.rm, President/CEO 239 .)643-7275 FAXNO:(239 ) 649-7306 11. APPLICANT'S GRANT HISTORY: Have you received previous grant assistance from the Collier County Tourist Development Council? If so, specify the year, the project name and the amount of the grant awarded. YEAR PROJECT NAME GRANT AMOUNT 2001 Garden Preview Project $500,000 ,~_ lc>/9 . MAY 2 8 2002 ~._~ 12. ANNUAL MAINTENANCE: What is the anticipated cos: ofarmual maintenance of the historic property, site, marker, exhibit or program upon completion of the project? Who will be responsible tbr annual maintenance and what is the source of on-going funding? The operating cost of the Garden is approximately $1,500,000 in fiscal year 2002. Furore annual operating costs are expected to reach $2,800,000 per year by the year 2005. Earned revenues from admissions, membership, education fees, events, facility rentals and retail sales are projected to cover over 50% of operating costs. The Garden plans to supplement earned revenues with an Annual Fund Campaign, fund raising events, income from a planned endowment and state and federal operating grants. Naples Botanical Garden will be responsible for the annual maintenance of all its gardens and facilities. Fees from classes, workshops and rentals offered to tourists and residents will offset a portion of this cost. NBG staff and horticulture volunteers will maintain the plants in the exhibitions and gardens. 13. What is your organization's current annual operating budget? $ it 500,000 14. Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding com.munity. Naples Botanical Garden is poised to become a major year-round tourist destination, attracting residents of Florida as well as national and international visitors. Visitors will patronize area hotels, restaurants and merchants. The Garden will enhance the cultural offerings in Collier County increasing the amount of time a visitor stays in the area. The Garden anticipates expenditures to average $10 million annually over the next 5 years for site preparation, design, development and construction. The economic impact of these expenditures has a multiplier effect typically 2 - 3 times the amount of the direct spending. As a destination point at the south end of Bayshore Drive, the Garden will be a major impetus for continued redevelopment of the surrounding area. 15. What is the current or anticipated annual visitation of your facility? Projected attendance targets of approximately 180,000 annually are based on an economic feasibility study conducted by Economic Research Associates, Washington, D.C. The Garden will capitalize on trends in eco, adventure and cultural tourism and international tourists' interest in Southwest Florida's exotic environment and cultural history. Multiple experiences will attract the off-peak in-state vacationers and provide a venue for spouses and families of convention attendees. Attendance targets were based on: (a) 15 botanical gardens/comparable attractions; (b) variables including acreage, conservatory square footage, number of members, operating budget, number of staff, and number of volunteer; and (c) polynomial and linear regressions used to predict NBG high, medium, and low scenario penetration rates of the permanent resident market, seasonal resident market, nearby metropolitan areas, organized school groups, and tourists. 16. PROJECT BUDGET: Summarize all of the major elements of the project (e.g. planning, acquisition, restoration, design, etc.) and the estimated cost of each item. PROJECT ELEMENT Design/Enqineering General R~uir~ts Materials L~ndscape/Irrigation Electrical S~ecialties ,4itigation GRANT FUNDS MATCHING REQUESTED FUNDS SUB-TOTAL $ 40,000 $ $ 40,000 31,000 14,000 45,'000 252,000 270r820 522,820 117,000 117,000 134,000 134,000 60,000 43,200 500,000 103,200 MAY 2 8 2002 TOTALS: $ 500,000 $ 962,020 I7. How long will it take you to complete this project? 1 year $ 1,462,020 18. LOCAL SHARE Private Donations Foundation Public (Stat~ of Facilities Grant) MATCHING RESOURCES: Listthesources and amounts ofconfirmedmatchingfunds. AMOUNT/VALUE $ 350,000 $ 150,000 Florida, Cultural $ 462,020 TOTAL MATCHING SHARE: $ 962,020 CERTIFICATIONS 19. APPLICANT CERTIFICATION: The duly authorized representative of the applicant organization or agency must sign this certification before the application will be considered for grant assistance. I certify that the information contained in this application is true and correct to the best of my knowledge, and that I am the duly authorized representative of the applicant. Name (type or print): Sondra Quinn Agency or organization: Naples Botanical Garden Title: President/CEO MAY 2 fl 2002 EXECUTIVE SUMMARY CONSIDERATION OF FISCAL YEAR 2003 TOURIST DEVELOPMENT SPECIAL EVENT GRANT APPLICATION FROM PARKS AND RECREATION DEPARTMENT FOR THE FIFTH ANNUAL COUNTRY JAM IN THE AMOUNT OF $120,000; TOURIST DEVELOPMENT COUNCIL RECOMMENDS DENIAL OBJECTIVE: Board consideration of Tourist Development Special Event Grant Application from Parks and Recreation Department for the Fifth Annual Country Jam. CONSIDERATIONS: On April 15, 2002, the Tourist Development Council (TDC) considered the Tourist Development Special Event grant application from Parks and Recreation Department for the Fifth Annual County Jam in the amount of $120,000. Mr. James Fitzek, Operations Manager, Parks and Recreation Department, provided a presentation to the TDC and answered questions regarding the application. An extract of the verbatim testimony regarding this grant application is provided with a copy of the grant application. After discussion, the TDC voted 8-1 (Coletta dissenting) to recommend Board denial of the $ ! 20,000 grant. FISCAL IMPACT: No fiscal impact if the grant application is denied by the Board. If approved, the grant will be funded from FY02/03 Fund 194 (Category "B" - Advertising/Promotion & Special Event) Reserves in the amount approved by the Board. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATIONS: Board consider the application, verbatim testimony, TDC recommendation, and take final action in approving or denying the grant application. If approved, recommend the Board authorize drafting of the standard Tourism Agreement regarding funding of the project. PREPARED BY: D:E. "Ble~'r~/ia~ace, Director CDES Operations Department DATE: lo~ph K. Scl(mitt, Admini?frator. C~unity Development & Environmental Services Division MAT 2 8 2002 EXTRACT OF TRANSCRIPT APRIL 15, 2002 MEETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Pages 138 through 156, regarding 5th Annual Country Jam Tourist Development Special Event Grant Application Council Members Present: Chairman James Coletta City of Marco Island Councilman E. Glen Tucker Naples Vice-Mayor Gary Galleberg Mr. Jerry Thirion Ms. Liana M. Buysse Mr. Gene Vaccaro Mr. Kevin Durkin Mr. Joe DiNunzio Ms. Rhona Saunders Staff Members Present: Mr. D. E. "Bleu" Wallace, Director, CDES Operations Department Mr. Thomas Nohl, Senior Management/Budget Analyst, CDES Operations Department Ms. Jaqueline Hubbard-Robinson, Assistant County Attorney 2002 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 commissioners. Okay, any other last statement, but is the film commission? And we do have a second. And with Ail those in Opposed? (No response.) CHAIRMAN unanimously. questions? No comments on the there any questions about Page ! 3 8 motion and we do have a that, I'll ask for your vote now. favor, indicate by saying aye. COLETTA- The ayes have it Next item. Thank you very much. MR. FITZEK: Good afternoon, Chairman, honorable council members. James Fitek, operaYions manager wiYh Collier County Parks and Recreation. Before you is a request for grant funding for the 2003 Country Jam report. We also have prepared for you today in case you didn't know, the even~ was just held this weekend. We also have the final report and the statistic analysis and funding and revenue and all those type of good numbers in a final report for you guys today that's scheduled later.on the agenda. I didn't know how the wanted to proceed, because we had the board was looking to see what Chairman word that otten th~_-qO ',(~- MAY 2 [5 2002 1 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 139 how the event did before they decided on this grant. So we can proceed whichever way, we can go through the application or the results. CHAIRMAN COLETTA: I'll tell you what, if it's the pleasure of the board, why don't we hear the results of this last concert, tie it in with the plans for the future, and then maybe we can make a decision with a little more information attached to it. Oh, and for the record, I did go out there and work for about four hours, and I did pay an admission fee Eo get in. MS. SAUNDERS: I will write Jeff Lytie. CHAIRMAN COLETTA: And, you know, Mr. Henning never went through the front gate, i understand he didn't buy a ticket, and he got lambasted for working for nothing. But such is this world. MR. FITZEK: Basically this Friday and Saturday we held the fourth annual Country Jamboree. The participation for the whole weekend was very well attended. We did have a major rain event on Friday night that cut into our numbers quite a bit. For Friday night we experienced 1,700 MAY 2 8 2002 people that actually came out and sat throu¢ hours of rain and stayed there the whole ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 140 9:00 when it dried up and we got the show going. Saturday night's attendance was much more in line with what We expected, in which we had 5,200 patrons attend. In this report you will see a brief synopsis of the Country Jam itself and the history, which is question number one we're asked to provide. I'm going to skip over that for time reasons. Question number two, we worked with five local in Collier County that tracked room nights for us and offered special prices for the Country Jam. Of those five hotels, we tracked approximately 84 room nights through those hotels. Later on in the report one of the questions is five hotels how do we plan on improving Country Jam in the future. One of the ways we plan on improving it is working with the local hoteliers a lot closer. Through our statistical surveying of the event, which if you look on page -- is the summary at the end, appendix after question 12. Of all the surveying we did, we had approximately -- they indicated 662 people stayed in Collier County in hotels, for an average of 1.73 nights. That comes out to, I think it was -- we estimate that here 10 ~ MAY 2 8 2002 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 Page 141 was probably about 572 room nights throughout all of Collier County. Our problem is, is getting those tracked with each hotel in Collier County. We know of people who called in and purchased tickets who stayed at the Beach Club, that stayed at various other hotels, but we have not been able to find out and develop a method whereby we can actually have those hotels know tha~ the person is staying there for Ehe event and then report that to us. So our best way of providing that information is through a survey. In the survey we conduc%ed 448 samplings of a population of about 6,900 people, which is very statistically accurate. And again, there's a lot of results in there. One of the questions asked is how many people came from outside of Collier County. And we had 35 percent of our visitors come from outside of Collier County. What was even more -- we took it a step further and tried to look at what number of participants came outside of the Collier and Lee County area, and we had about 18 percent of them came from -- or 1,200 people were from outside of the Collier, Lee County area, with Tampa, St 2 2002 _ ~:: 1 2 3 5 6 7 8 9 i0 11 12 13 15 16 17 18 19 20 21 22 23 24 25 and Orlando being the representation. All in all, we did a very two markets with ~he most with the rain event, we felt good job of advertising Collier that was a whirlwind, but we've since Saturday night at t1'00 to get Page 142 that was County throughout the State of Florida. Those were here that came from outside, I believe it 95 percent, indicated that they would attend the event again. And it was 95.7 percent indicated that they would visit Collier County again. We had a very aggressive marketing campaign, both in the Tampa/SE. Pete/Daytona/West Palm Beach areas, with radio stations, as well as newspaper stations, and we generated a lot of interest in ~hose areas. We again are aiming for 150,000 for next year, and look to expand our marketing throughout the state. We want to take this to a very strong state-wide event. And by all the feedback we get from the participants and those that get on buses -- we actually had a bus of 60 people come from Tampa is that they like the area, they like the venue, and they like the event. So we're real excited about it, and we hope you guys are, too. I know that working een al~ /~ I AY 2 8 2002 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 Ehis just information together for running around, so MR. THIRION' I have one you, Page 143 and it's kind of survey. MR. FITZEK- Yes, sir. MR. THIRION' Just to make sure I understand it right, you conducted 448 surveys? MR. FITZEK' Yes, sir. MR. THIRION' And of those 448, only 34 said that they stayed in local hotels? MR. FITZEK' Yes, sir. MR. VACCARO' Mr. Chairman? CHAIRMAN COLETTA- Yes, sir. MR. VACCARO- One commen~. I was one of the 1,700 sitEing in Yhe rain all night on Friday. MR. FITZEK' Yes, sir. MR. VACCARO- I counted about 500 actually sitting out there. I also went in the parking lot and spent about an hour looking at license plates. I can't -- I could count on both hands the cars that had out-of-county license plates. And most of those were Lee County. Now, that was Friday night. It might have changed completely on Saturday. And I don't want AC.~.NDA II'EJd to taint your presentation by what I saw. B~lt ~~ 2 2002 question on the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 144 I saw was Golden Gate coming to town. And obviously the rain kept the crowd down. I think it was a quality event, as country shows go. It was well produced and well done. The venue was well set up. I think due to the rain, your park took a pretty rough hit with the mud and everything being stirred up. But certainly on Friday it wasn't any boom to tourism. MR. FiTZEK: The Friday night numbers of 1,706 were not an estimate. Those were actual tickets through the gate. MR. VACCARO: Right, I'm sure those were sold. I understand, i was one of the 500 sitting there watching the show. They all -- half of them I sat in the parking lo~ for an hour and a half before ~he show and watched them go out, noU in. And I'm sure you guys saw it, too. I mean, it was raining like beck MR. FITZEK: And that did hurt us. We actually have a hotel from -- or a letter from one of the hotel managers in which they had a number of rooms cancel -- Sure. for Friday night becau MR. VACCARO' MR. FITZEK: the rain. se of MAY 2 8 2002 Pt. 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 145 MR. VACCARO: You can't take the blame for it. But I'm saying, the ones that did stay were Collier County. MR. FITZEK: For the most part, yes, sir. We did have quite a few that came, bought the whole weekend tickets from the East Coast through our offices. MR. VACCARO: They must have been somewhere else Friday night. MR. FITZEK: I don't know who stayed and who didn't. But they came to Collier County. CHAIRMAN COLETTA: I heard a rumor, the mall was absolutely crowded tha~ night, that those people we dragged down here for that all wen% to the mall. But no, seriously, what was the dollar amount tha~ we paid for out of tourist tax? And what was the amount that was paid for other ways? MR. FITZEK: 100,000 of the budget came from the TDC grant. 125, 27 came from the Board of County Commissioners and ad valorem taxes. Which was offset by $78,000 in revenue we received that night. CHAIRMAN COLETTA' So in other words, tried to do was gauge some sort of breakdowr 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 was going to be by tourism used by local people? MR. FITZEK' Yes, sir. and what was Page 146 going to be MR. GALLEBERG: But when you take 120,000 -- and some of these numbers can't be exact, but you mentioned 34 rooms. Statistical sampling indicates 572 rooms, which is over $200 a room of -- based on the TDC grant. It just doesn't seem cost effective to me. MR. FITZEK' Well, and I think you have to ~ake also a look at our marketing plan, too. We _ Tub that we were going to get didn'~ propose to the ~ i00,000 and bring a million back in hotel room nights to this board, i don't have said that the first year. Our understanding is the think we would ever grant monies to get them prominent, these events up and going, get across the state to help in state-wide which then how do you measure what Collier getting in its value in advertising. Just somebody doesn't come to the event doesn't Collier County or Naples isn't out there in of them. So yeah, if you looked just at solely room nights and are 562, yes, you'd been b advertising, County's because mean front hotel ~t~r off,O{ 2 8 2002 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 to offer free hotels with the money. But I don't think that's the whole purpose of the grant. I think that people go back, they talk in their communities, they bring five people with them the next year, and you've got to give it a chance to grow. CHAIRMAN COLETTA: yes. Any other questions from -- this is the fourth year, it's supposed to be standing on its own. That's our philosophy. That's been our philosophy for this board. MR. FITZEK: Now, we've only had TDC fl .nd~n q t0 NAY 2 8 2002 Page 147 MS. SAUNDERS: This is the fourth year of the Country Jam; is that right? MR. FITZEK: Yes, ma'am. MS. SAUNDERS: I have a philosophical concern in that we're supposed to be providing -- we need to I think decide if we're providing seed money, such as we've told ~he Marco Island Film Festival very definitively we were doing and stop afEer three years or four years, or whether we are continually funding certain events. Right now our philosophy is to provide seed money for special events, and -- which aside from whether this is a good event or not says to me that 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 Page 148 for one year. And when we read the grant application, it was kind of set up with a lessening amount through the four years at that site. MS. SAUNDERS' 100,000. MR. FITZEK: MS. SAUNDERS' now? way. MR. FITZEK' MS. SAUNDERS' MR. FITZEK' And the first year's grant was Yes. And you are asking for how much 150. You're supposed to go the o~her As it was explained to us, because we did have that question as well, is that as it reads the first year you could ask for i believe it was 90 percent grant. Second year it drops ~o 80 percent, or some method down like that. Since we've been right at the 50 percent the whole ~ime, since we were proposing to expand the event somewhat ourselves, we thought it was fair to ask for another close to 50 percent matching. MS. SAUNDERS' attorney, actually. ! have another question for our A portion of these advertising dollars are being spent in the Naples Daily News,- Fort Myers News Press and so on. I'm not sure if I'm correct or not, but I thought we had t ~ ID O__ MAY 2 8 2002 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 spend -- the money had to be spent outside the local area for advertising. MS. ROBINSON: I don't have the local ordinance in front of me. I don't believe that's in the ordinance. It may be a policy of this body or the Board of County Commissioners. I'd have to read -- MR. Tourism MS. whether has to be research and it ' s policy. MS. because ~o come DINUNZIO: Seems to me you told the Alliance that sometime last year. ROBINSON: I'd have to -- I don't recall has ~o be spent -- the advertising money spent in or outside. I could certainly that for you. It is not in the ordinance, not in the state statute. It may be a SAUNDERS' The reason I thought that was to bring tourists in~o the area, they had from with out -- within a 30 -- I'm sorry, Page 149 a 60-mile, 70-mile, whatever, boundary. And advertising here doesn't bring the tourist here. may be wrong, and I may be I may have that incorrect, but I was that you couldn't advertise Now, the rationale misunderstanding. thought our policy locally. MS. ROBINSON: I could certainly look ttk~t up lO ~_ 2 8 2002 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 for you tomorrow and give you an answer, if you'd like. I really can't answer that without looking at some policy or something of that nature. MR. GALLEBERG' The ordinance addresses that, at least implicitly. It says and it implies that the advertising should be outside the county. Because it says, "The event shall have as one of as its main purposes the evidenced by the promotion service, venue or event to MS. ROBINSON' MR. GALLEBERG' attraction of tourists of the activity, tourists." Correct. And that implies it's got to be where the tourists live, or else they're already here, they've already been attracted. MS. ROBINSON: I understand wha~ it implies, but i'm not sure there's a restriction on spending the money for local advertising. MR. FITZEK: We had asked that question during -- after we received the funding on what was the limitations of what we could spend the money on and that type of stuff. Basically we were told as long as we met close to what we had told the TDC of spend the money and that it was fine. where we were going to were going to spend it, did hit those markets. Page 150 how we ~_n_d ~-~" 1 2 3 5 6 8 9 't0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 151 Now, some of our money is spent on local advertising, but a large portion of the expenditure was on advertising outside the area, as well as in kind advertising from outside the Collier and Lee County area. MR. VACCARO' MS. ROBINSON' me. MR. VACCARO' MS. ROBINSON' Mr. Chairman -- I have been handed -- excuse Okay. I was just handed by Mr. Wallace the criteria for funding for special events that was adopted by the TDC, I would assume. And it says specifically and this is what is handed out to all of the grant applicants. And it does say on Page 6 that advertising and promotion must take place in areas outside of Collier County. MR. VACCARO' Mr. Chairman, I Yhink it's almost a moot point. You can go to Lee County and buy Gator Country all day long, and it's a Lee County station, and their signal goes to Saraso~a, to Havana. So yeah, you're buying out-of-county tourism, but where is the -- I mean, you're buying out-of-county media, but the signal is strongly directed to cover Collier and Lee counties ~~ 1 2 3 4 5 6 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don't care the strength counties. So that overlap. But in responsible this festival. about the rest. That's the -- you of the signal is for those two there's always going to be some fact that station for the majority And as I've Page 152 know, of is going to be of the attendees at said before, I used KS on the East Coast stations to promote done in the past with exactly the same stations, Key-YK and all these same country events that we've major national headliners. And 90 percent advertising dollars and anything Vaccaro, for 120,000 COLETTA' Mr. Durkin? event. right down the want to comment reach some sort it. O~ to add. and I for one MAY 2 ~ 2002 CHAIRMAN COLETTA: Let's go table there. Mr. Galleberg, you this, too? We'll see if we can consensus to be able to vote on MR. GALLEBERG: I don't have I agree for the most part with Mr. don't see the return happening night. CHAIRMAN of your return on those comes from your local stations, because it's not a tourist event, it's a local event, i don't care if you advertise in Sacramento, California, it's still a local 1 2 3 4 5 6 7 9 12 ~9 20 21 22 23 24 25 MR. DURKIN: I'd have to agree with both gentlemen. We're just not seeing the return, advertising dollars for a single events. It's attracting the locals. Unfortunately we're to face this all evening, I'm afraid. CHAIRMAN COLETTA: Mr. Thirion? MR. THIRION: MR. DINUNZIO: MS. SAUNDERS: MS. BUYSSE: dates. Because shoulder season. for the return. Nothing Nothing Nothing further. further further. to add. I'm concerned also abou~ it's really not even in the And I think it's a lot of And I agree with everybody And my only concern CHAIRMAN COLETTA' fact that, you know, they do understand what you're But with that all to make a motion? MR. DURKIN: I'll the grant for $150,000. MR. WALLACE: Mr. speaker. CHAIRMAN motion first. Mr. the just going did have a rain saying. in mind, would somebody money else. is the evenC. I make a motion that we deny Page 153 Chairman, I have one care COLETTA' Let me get a second for the Durkin has made the motion. Is th MAY 2 8 2002 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 MR. WALLACE' MR. WELCH' I may not. second? MS. SAUNDERS: I'll second. CHAIRMAN COLETTA: Thank you very muCh. And the speaker, please? Mr. John Welch. I may sway you, Mr. Chairman. And I'm John Welch. Thank you for allowing me to speak. I happened ~o be a ticket holder for Friday night and Saturday night. Strangely enough, I didn't go. I wenu on Friday night with a child and stood in ~he rain and finally walked back to the car, because I didn't go through the gate. Most events that are like this, whether i~ be a hole-in-one golf tournament a golf tournament that has a hole in one that you win a car, they create an insurance policy that covers the rain event. There was not a thing going on at this country western jam until ballpark probably 9:00. There were a lot of people, and I'd like to know how many real tickets were sold for Friday as a dual event or for Friday's event that the people really didn't go to this function because it poured like cats and dogs. I commend you, Gene, for standing in t Page 154 AGENDA ITEM he ~r.a~n k~^V 9 0 1 2 3 4 5 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 155 for four or five hours. And you probably committed yourself to work this event as a Tourist Development Council member to say I'll help out, and that's why you were there. If you were a sole ticket buyer, you probably wouldn't have gone to the event. Maybe -- MR. VACCARO: Actually, I was a ticket buyer. I bought four, actually. MR. WELCH: Correct, because of the policies and procedures of no freebies. But I'd like to know through Parks and Rec, I think it's a -- i ~hink the Parks and Rec people do a great job in creating these events. And I think that they need the seed money in order ~o do this. But I also, as I said, in the event of rain and all of thaE, that we have the insurance policy to say we cancel the event, the ticket holders will either be refunded or whatever. I wish that there -- when I called at 5:00, at 5:30 to Parks and Rec, they said the music was going on, and it wasn't going on. Thank you. CHAIRMAN COLETTA' Thank you very muc With that in mind, is there any other comments? I just have one. MAY 2 8 2002 lc/ I am going to vote 1 2 3 4 5 6 8 9 10 1i 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 the denial myself. Not some adjustments aren't I think the dollar excessive in light up the amount when what was it, for? In any adjuSted. But with a 50 case, Page 156 so much that I think that necessary on this. I do. amount that's being asked for is of the situation. You know, to last year what was asked for, percent increase they were asking I would like to have seen that that, I'i1 call for the All those in saying aye. Opposed? Aye, myself. MS. PAPPALARDO: Pappalardo. I work Recreation. I'm the supervisor. And the next Naples. They need upcoming year. I'll answer if there's no other comments, motion. favor of the motion, indicate by Hi. My name is Annie for Collier County Parks and special events and marketing grant on your agenda is Viva grant application for this any questions at this time. VACCARO' Are you ready for quest PAPPALARDO' Yes. VACCARO' Again, I look at that MR. MS. MR. 2002 ~. pl y2~.,. ~ presentation ct MAY 2 8 2002 - ,~.... ~_/ Collier County Tourist Development Council Preliminary Status Report EVENT NAME: Conntry Jam REPORT DATE: ORGANIZATION: CONTACT PERSON: Annie Pappalardo Supervisor February 15, 2002 Collier Connty Paxks & Recreation TITLE: Marketing/Special Events ADDRESS: 3300 Santa Barbara Blvd. Naples, FL 34116 PHONE: (941) 353-0404 FAX: (941) 353-1002 On an attached sheet, answer the following questions for each element in your scope of work. PRELIMINARY- These questions should be answered for each report excluding the final status report. Is this a first time event? If not, how many times has this event taken place? What hotels have committed to special rates or packages for the event to date? What is the estimated hotel nights generated by this event? What is the estimated revenue generated by this event? What is the estimated number of participants expectett to come to this event? If the event is in progress, what has been done, what remains to be done, and are there any problems? > If the event hasn't been started, why? > List the out-of-county advertising, marketing, and/or public relations that have been contracted or placed to date? MAT 2 8 2002 Collier County Tourist Development Council Preliminary Status Report 1. This will be the 5th Annual Col~ntry Jam 2. The foHowlng Hotels have committed to special rates for the weekend of November 15 - 16, 2002 and April 25 - 26, 2003 · Old Naples Trianon Hotel - 955 7th Avenue, S. Naples - 435-9600 "Old Naples Trianon will package the weekend at $70.00 per night" · Hawthorn Suites - 3557 Pine Ridge Road, Naples - 593-1300 "Hawthorn Suites will package the weekend at $75.00 per night" · Quality Inn Suites and Golf Resort - 4100 Golden Gate Pkwy, Naples - 455-1010 "Qx~_ality Inn will package the weekend at $59.00 per night" · Best Western Naples Plaza Hotel - 6400 Dudley Drive, Naples - 643-6655 "Best Western will package the weekend at $49.00 per night" · Crystal Lake R.V. Resort - 160 Collier Blvd., Naples - 353-4212 "Crystal Lake will package the weekend at $30.00 per night" 3. Two nights 4. Estimated revenue generated from the event Revenue · Ticket S~dcs · Food Vendors .irt & Cr:~t Vendors · · · Total Rock \Vali C,xrniv,xl 5. 18,000 participants 6. Please see Event Time Line 7. 8. Website is already in place 100,000.00 6,000.00 750.00 4.000.00 111,050.00 MAY 2 8 2002 23 Collier County Tourist Development Council Grant Application Organization Information Review the guidelines prior to completing this application. Submit art original and twenty- five (25) copies of the application with attachments to Jane E. Eichhom, TDC Coordinator, 3050 N. Horseshoe Drive, Suite 145, Naples, Florida 34104. Application Information Applicant (legal name of organization) Collier County Parks & Recreation Department Address (street or box, city, state and zip code) Naples, FL 34116 3300 Santa Barbara Boulevard Telephone # (941) 353-0404 Fax # (941) 353-1002 E-Mail Address anniepappalardo@colliergov.net Federal ID # 21-07-019995-53C Contact Person Annie Pappalardo Title Marketing/Special Events Supervisor Organizations Chief Official Maria Ramsey Title Parks & Recreation Director Name of Event and Brief Description Conntry Jam - This two-day festival will showcase Classic Florida by bringing in national entertainment to our area. Over 100 vendors will sell food, drinlt_~ ~nd arts ~nd crafts. A f~ll-scale carnival, pony rides, vettinl! zoo, rock w~ll ~nd mechanical b~ll will make Classic Florida a perfect family getaway. Collier County Tourist Develo 2002 Grant Application Organization Information Page 2 Area of Event Impact (Location in Collier County)Vineyards Comrn,~nlty Park, 6231 Arbor Boulevard, Naples Event Date Isr choice -April 25-26-2003 2nd choice-November 15-16-2002 Total Number of projects contained in this application one Tourist Tax Dollar Requested $120,000.00 Total Amount of match $175,000.00 -' ;ertification of Authorizing Officials I certify that the facts contained in this application are true and complete to the best of my knowledge ~nd understand that, if employed, falsified statements on this application shall be grounds for refusal. I authorize investigation of _~I1 statements contained herein and the references and employers listed. I authorize Collier Co-nty to m~ke any investigation of my credit or employment status. Organization's Chief Official Maria Ramsey Typed Name Social Security Ntunber ~ignature MAY 2 8 2002 PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUESTED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessary to provide a copy of these items with the 25 copies.) D (1) Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. D (2) IRS Determination Letter - Except Government entities. D D D (3) List of current officers and board members, indicating terms, or mayor, City Council, etc. (4) Copy of financial statement for the most recently completed fiscal year - Except Government entities. [~1 Left-re af Parnrnltrn~nt from co-sponsors: (6} Budget narrative (detailed Exhibit N~me of Preparer: (PRINT} Signature of Preparer: Annie Pappalazdo ~,,. !oe_ MAY 2 8 2002 BOARD OF COUNTY COMMISSIONERS Collier County Government Complex 3301 East Tamlami Trail Naples, FL 34112 Phone: (941) 774-8097 Fax: (941) 773-3602 District 1 District 2 District 3 District 4 District 5 Honorable Donna Fiala Honorable James D. Carter, Ph.D Honorable Tom Henning, Vice Chairman Honorable Fred Coyle Honorable James N. Coletta, Chah man 774-8389 774-8390 774-8393 774-8392 774-8391 ~¥ ~ 8 2002 Country Jam Sponsors Naples Dodge · Longhorn Steakhouse · Hayloft Western Wear · Gator Country 101.9 · Wink Television · Wink 96.9 Radio · CMT (Country Music Station) · Comcast Advertising Jack Link Beef Jerky · Fifth Third Bank · Stetson PROPOSED BUDGET FOR COUNTRY JAM TDC Funding Request (Pending Approval) · Advertising · Ad Placement · Billboard campaign · Event's IntemetWebsite · Travel Expenses (Entertainment) · Accommodations · Food · Equipment Rent,'d/Site Preparation · Program and Brochure Creation · Production(Sotmd/Lights/Stage) · Enterta~xment Agency Printing & Promotional B~mners & Signs · Total In-kind Sposorship/services o**o Radio sponsor o:o T.V sponsor o:o Event Sponsor o:o Collier County parks and Recreation Staff Total Revenue · Ticket Sales · Food Vendors · ,Art & Craft Vendors · Rock Wall · Carnival Total TDC C.C.P.R.D. 150,000.00 40,000.00 20,000.00 10,000.00 500.00 40,000.00 3,000.00 1,000.00 2,000.00 1,500.00 120,000.00 62,000.00 1,500.00 10,700.00 30,000.00 11 ,$00.00 ~,Ov,~.O0 120,000.00 20,000.00 20,000.00 5,000.00 10,000.00 55,000.00 100,000.00 6,000.00 750.00 300.00 4,000.00 111,050.00 2002 Category I Commitment To The Expansion of off-Season Tourism Minimum of 25 points required in this category to receive funding. Scope of Work ORGANIZATION: EVENT NAME: Collier Co,~ty Parks/is Recreation Department Country Jam The 5th Annual Country Jam will be held at the Vineyards Community Park on Friday, November (2nd Choice} 15 - 16, 2002 or { 1st Choice)April 25 - 26, 2003. The event will present entertainment by national performers on par with the headliners of past Country Jams such as Toby Keith and John Anderson. Over 80 vendors will sell food, drinks and arts and crafts. A full-scale carnival, pony rides, petting zoo, rock wall and mechanical bull will round out the festival. Country is the music style that embraces the family and traditional values. For this reason Country Jam is a rare opportunity for families to enjoy a concert experience together. A Country Jam weekend will be a perfect family vacation. Getaway packages that include restaurant and hotel, campground and RV Park discounts and transportation to and from the event will be offered to support this marketing initiative. Additionally, the venue is centrally located in the Naples area, just minutes away from I- MAY 2 8 2002 ~'5, which will increase the event's attractiveness to visitors from the Ft. Myers, Arcadia, Clewiston, Tampa, Miami and West Palm Beach areas. As a two-day event held in a desirable vacation destination Country Jam begs patrons to arrive early or stay late to enjoy area beaches, visit attractions and dine out at restaurants. As an annual festival with growinE name recognition, Country Jam is becoming part of Collier County's cache of features that draw visitors from throughout the state and nation. COUNTRY JAM GOALS AND OBJECTIVES Meet the cultural demands for the area demographics Produce ~n annual festival that will draw country music lovers from throughout the co,retry Generate room nights during off season Increase awareness of ottr area, resulting in the choice of Collier Co,,nty as a vacation destination Add to the well ro~nded and culturally diverse programs sponsored by Collier Co,mty Parks and Recreation Generate local business to area motel, hotel, resorts, restaurants and attractions during off-season weekends Provide media exposure for Collier Co,mty in local, state and national media, to include print, radio, television and websites THE BENEFITS THAT WILL BE DERIVED FROM COUNTRY JAM · The event will have an economic impact during ~n off-season weekend. · Patrons attending the event from outside the area will experience Classic Florida at its best. Country Jam will provide exposure to the Collier County Community Parks by showcasing the Vineyards Community Park. · Country Jam weekend packages will promote the effectiveness of public/private sponsorship initiatives. · Statewide media exposure showcasing Co,,ntry J~rn will create exposure for Classic Florida as a vacation destination. This program will be aggressively marketed and packaged stressing the natural beauty of our area. Visitor information will be made av_~ilable to our patrons when they purchase their tickets in advance as well as during the event. We believe that once concertgoers ~re made aware of our area they will extend the lengths of their v 2002 patronize other visitor-oriented businesses and services. This further exposure to Classic Florida will fuel the word-of-mouth promotion that plays a major role in subsequent visitors' selection of our area as a vacation or convention destination. THE EFFECTIVENESS OF COUNTRY JAM WILL BE DETERMINED BY 1. Attendnnce 2. Participating host hotels will be asked to keep track of the nnmber of room nights associated to this event. 3. Surveys will be arlmlnistered to event patrons requesting basic demographic information nnd growing overall event success. 4. Coupons of potential sponsors will be provided to patrons tailored by the business to determine or for redemption. 5. Tracking media exposure for T.D.C. and Classic Florida. Country Jam will cooperate with existing T.D.C. programs by distributing visitors' information to event patrons. Concertgoers will be provided with information on our areas parks, hotels and attractions creating, a lure to bring visitors back time ~nd time again. In addition, our reputation for providing quality programs precedes our request for grant funding. Parks & Recreation has worked closely with the T.D.C. to provide quality program relaxing to eco tourism ~nd the operation and maintenance of our coastal parks ~nd beaches. Conntry Jam revenues, grants and sponsorship revenues will be deposited into a Collier Connty Parks general revenue fund. The standard fiscal procedure of Collier County is to use the Purchase Order system for the purchasing of all items. 2 8 2002 Category II Out of County Promotion Country Jam Marketing Plan $$8,ooo.oo RADIO ADVERTISING PROGRAM: AMOUNT · WIRK - West Palm Beach, FL · WKIS (Kiss Country) - Miami, FL · WCTQ - Sarasota, FL · WQYK - Tampa, FL · W1KX (Kix 92.9) - Punta Gorda, FL Sub Total $2,500.00 $3,500.00 $2,5O0.O0 S3,OOO.OO $1,500.00 $13,000.00 NEWSPAPERS & MAGAZINE ADVERTISING PROGRAM · Display ads in Orlando Sentinel · Display ads in Tampa Tribune · Display ads in Miami Herald · Display ads in Port Charlotte News Press · Display ads in Country Grapevine Sub Total WEB SITE ADVERTISING · ~zw. countr~ amnaples.com) Sub Total $4,000.00 $5,000.00 $8,000.00 $3,000.00 $ 5oo.oo $20,500.00 $1,000.00 $1,000.00 TELEVISION ADVERTISING PROGRAM · Comcast Advertising (Country Station) Sub Total BmLBOARD CAMPAIGN · Sub Total Total $3,500.00 $3,500.00 $10,000.00 Slo,ooo.oo $48,000.00 IN-KIND ADVERTISING · Radio $20,000.0( · T.V. 520,000.0( Total $40,000.0 MAY Category III Soundness of Proposed Event Maximum Fifteen {15} Points COUNTRY J~-~ Tn~iE Ln~E NOVEMBER 15- 16, 2002 Februar~ 2002 · Prepare Application for TDC Funding · Application due on February 15, 2002 · ~Begin Pricing and Availability for National Entert_~iners · Secure at least 4 different hotels/motels for lodging accommodations March 2002 · Design festival logo · Put Sponsorship Package together · Secure Carnival Company April 2002 · Secure company for Entertainment Acts · Work on securing event sponsors May 2002 · Work on securing event sponsors J!~ne 2002 · Work on securing event sponsors July 2002 · Secure Event Sponsors o Title Sponsor o Media Sponsorship (Television, Radio, Newspaper) o In-Kind Sponsorship (Recreation Vehicles, Art Work, Printing, Food and Beverage, etc...) August 2002. · Secure Entertainment Acts · ~Prepare application for obtaining a Carnival Permit , Prepare application for obt~inlng a Special Events Permit · Secure Ticket Sales through Ticket Master · Review Entertainment Contracts 2002 September · · · · · · · · · · · · · · 20O2 Secure all Purchase Orders __Go out to bid for Entertnlnrnent Production Company Secure Entertainment Production Company __Secure Housing for Entertainers __Secure Transportation for Entertainers __Prepare Festival Brochure __Put Event Supply List together Order Tents Order Port-O-Lets Order Generators Order T-Shirts for Sales Send out applications for Food Vendors Send out applications for Art & Craft Vendors Secure Added Attractions October 2002 · All Contacts Signed by Entertainment Agencies and County Officials · Prepare PSA and send out to all media · Prepare advertisement for Radio Sponsor · Prepare advertisement for Television Sponsor · Print Posters, Flyers, Brochures, etc. · Order and receive all Event Banners and Signs · Secure Food Vendors · Secure Art & Craft Vendors · Secure staffing for event · Design Event Site Plan · Begin Advertising Campaign · __Begin ticket sales · Secure staff Schedule · Receive T-Shirts · Send out V.I.P Packages · Buy all Event Supplies · Order all supplies needed for entertainers · Put out Directional Signs two weeks prior to the event · Deliver Media Blitz Packages to all media November 2002 Carnival Company is set up by Wednesday, November 12, 2002 Begin Main Stage Set-Up Food Vendors set up on Friday, November 15, 2002 Art & Craft Vendors set up on Friday, November 15, 20c MAY 2 8 2002 I~. · · · · · · · Port-O-Lets Set up on Friday, November 15, 2002 Tents Set up on Friday, November 15, 2002 Complete Main Stage Set up on Friday, November 15, 2002 R.V.s are delivered on Friday, November 15, 2002 All Set Up is complete by 12:00(Noon) on Friday, November 15, 2002 ~Gates Open at 5:00 pm on Friday, November 15, 2002 Clean Up on Monday, 18, 2002 2 8 2002 Category HI Soundness of Proposed Event Maximum Fifteen (15) Points COUNTRY JAM TnViE L~NE APRm 25 - 26, 2003 February 2002 · __Prepare Application for TDC Funding · Application due on Febi~_~ary 15, 2002 June 2002 · Secure company for Entertainment Acts (Completed June 1, 2002) · Begin Pricing and Availability for National Entertainers · Secure at least 4 different hotels/motels for lodging accommodations July 2002 · · · Design festival logo ~Put Sponsorship Package together ~Secure Carnival Company August 2002 · Work on securing event sponsors September 2002 · Work on securing event sponsors October 2002 · Work on securing event sponsors November 2002 · Secure Event Sponsors o Title Sponsor o Media Sponsorship (Television, Radio, Newspaper) o In-Hind Sponsorship (Recreation Vehicles, Art Work, Printing, Food and Beverage, etc...) 2{3{32 December 2002 · Secure Entertainment Acts · Prepare application for obtaining a Carnival Permit · Prepare application for obtaining a Special Events Pei~uit · ~Secure Ticket Sales through Ticket Master January 2003 · Review Entertainment Contracts February 2003 Secure all Purchase Orders · Go out to bid for Entertainment Production Company · Secure Entertainment Production Company · Secure Housing for Entertainers · Secure Transportation for Entertainers · Prepare Festival Brochure · Put Event Supply List together · Order Tents · Order Port-O-Lets · Order Generators · Order T-Shirts for Sales · __Send out applications for Food Vendors · __Send out applications for Art & Craft Vendors · Secure Added Attractions March 2003 · All Contacts Signed by Entertainment Agencies and County Officials · Prepare PSA and send out to all media · Prepare advertisement for Radio Sponsor Prepare advertisement for Television Sponsor · Print Posters, Flyers, Brochures, etc. · ~Order and receive all Event Banners and Signs · Secure Food Vendors · Secure Art & Craft Vendors · Secure staff'mg for event · Design Event Site Plan April 2003 · Begin Advertising Campaign April Ist · Begin ticket sales · Secure st~ff Schedule · Receive T-Shirts ITEM - p~. Send out V.I.P Packages Buy all Event Supplies __Order all supplies needed for entertainers Put out Directional Signs two weeks prior to the event Deliver Media Blitz Packages to al! media Carnival Company is set up by Wednesday, April 23, 2003 Begin Main Stage Set-Up Food Vendors set up on Friday, April 25, 2003 Art & Craft Vendors set up on Friday, April 25, 2003 Port-O-Lets Set up on Friday, April 25, 2003 Tents Set up on Friday, April 25, 2003 Complete Main Stage Set up on Friday, April 25, 2003 R.V.s are delivered on Friday, April 25, 2003 All Set Up is complete by 12:00(Noon) on Friday, April 25, 2003 Gates Open at 5:00 pm on Friday, April 25, 2003 Clean Up on Monday, April 28, 2003 Category IV Organization Stability and Management Capacity Maximum Twenty (20) Points Collier County Parks and Recreation has been sponsoring special events since 1986. The departments' commitment to provide quality family festival has been highlighted through events such as Viva Naples, Snowfest, Christmas around the World, Country Jam, Party in the Park, Senior Expo plus many other smaller scale events. Archives of pictures, media coverage, impact on community, su~weys and financial records are public record and can be viewed in the department's archives. Collier County Parks and Recreation Department has the staffing capacity of 210 employees plus other on call employees available for special events. Friends of the Park. a volunteer program through the park system provides over man-hour of assistance throughout the year. All county policies are followed in regards to administering the county's financial process. The Collier County Parks and Recreation Department uses a purchase order system to track our $13,144,100.00 Operating Budget Set timelines are followed to assure reports and audits are connected in a stringent manner. MAY 2 8 2002 Category V Quality and Uniqueness of Proposed Event Maximum Fifteen (15} Points Country Jam has established strong community support in the last three years of existence. The first year over 5,000 county music fans came out to visit the event. At the time the department was confident that Country Jam had potential to become a statewide festival in upcoming years. The second year Country Jam generated over 8,000 spectators and finally last year National Headliner Toby Keith enjoyed cheers from over 8,000 fans at Vineyards Community Park. The two day 3rd Annual Country Jam featuring Black hawk on Friday and Toby Keith on Saturday had an audience of 11.000 concertgoers. This years event is scheduled for April 12 - 13, 2002 and promises to be even more spectacular than last year. Florida's history reflects strong popularity in the country music arena, with country music having very strong audiences in the South West Florida market. Collier County sets the stage for the perfect country weekend getaway by providing National Musicians in conjunction to great country cooking, carnival rides and games and a Hot Wing Cook Off. Artisans will showcase everything from old fashioned home made soap and lotions to Seminole Indian Native crafts. Other partnerships will include visiting Immokalee's Roberts Ranch and Corkscrew Sanctuary, Everglades Park and other unique amenities that add to the country setting of South West Florida. Our community rich with diversity supports this venue by providing South West Florida as the perfect destination for residents and visitors to enjoy a country getaway from Seminole Indian Rodeos to canoeing at Barefoot Beach Prese~we. V~'e would like to expand this event by promoting Classic Florida as the home of Country Jam weekend and nationally market this festival for continuous growth in the counLry music circuit. MAY 2 8 2002 EXECUTIVE SUMMARY CONSIDERATION OF FISCAL YEAR 2003 TOURIST DEVELOPMENT SPECIAL EVENT GRANT APPLICATION FROM PARKS AND RECREATION DEPARTMENT FOR THE VIVA NAPLES - LATIN MUSIC AND FOOD FESTIVAL IN THE AMOUNT OF $75,000; TOURIST DEVELOPMENT COUNCIL RECOMMENDS DENIAL OBJECTIVE: Board consideration of Tourist Development Special Event Grant Application from Parks and Recreation Department for the Viva Naples - Latin Music and Food Festival. CONSIDERATIONS: On April 15, 2002, the Tourist Development Council (TDC) considered the Tourist Development Special Event grant application from Parks and Recreation Department for the Viva Naples - Latin Music and Food Festival in the amount of $75,000. Ms. Annie Pappalardo, Special Events and Marketing Supervisor, Parks and Recreation Department, provided a presentation to the TDC and answered questions regarding the application. An extract of the verbatim testimony regarding this grant application is provided with a copy of the grant application. After discussion, the TDC voted unanimously (9-0) to recommend Board denial of the $75,000 grant. FISCAL IMPACT: No fiscal impact if the grant application is denied by the Board. If approved, the grant will be funded from FY02/03 Fund 194 (Category "B" - Advertising/Promotion & Special Event) Reserves in the amount approved by the Board. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATIONS: Board consider the application, verbatim testimony, TDC recommendation, and take final action in approving or denying the grant application. If approved, recommend the Board authorize drafting of the standard Tourism Agreement regarding funding of the project. PREPARED BY: DATE: ~ - ~' -~' ?~"~ D. E. "Bleu" Wallace, Director CDES Operations Department APPROVED BY: ~se~h K: Sc_hrrdtt., Administrator -- nunity Development & Environmental Services Division MAY 2 8 2002 EXTRACT OF TRANSCRIPT APRIL 15, 2002 MEETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Pages 156 through 170, regarding 2003 Viva Naples - Latin Music and Food Festival Council Members Present: Chairman James Coletta City of Marco Island Councilman E. Glen Tucker Naples Vice-Mayor Gary Galleberg Mr. Jerry Thirion Ms. Liana M. Buysse Mr. Gene Vaccaro Mr. Kevin Durkin Mr. Joe DiNunzio Ms. Rhona Saunders Staff Members Present: Mr. D. E. "Bleu" Wallace, Director, CDES Operations Department Mr. Thomas Nohl, Senior Management/Budget Analyst, CDES Operations Department Ms. Jaqueline Hubbard-Robinson, Assistant County Attorney 2002 1 2 3 5 6 7 8 9 !0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 156 the denial myself. Not so much that I think that some adjustments aren't necessary on this. I do. I think the dollar amount that's being asked for is excessive in light of the situation. You know, to up the amount when last year what was asked for, what was it, a 50 percent increase they were asking for? In any case, I would like to have seen that adjusted. But wi~h that, if there's no other comments, the motion. in favor of the motion, indicate by Hi. My name is Annie for Collier County Parks and special events and marketing grant on your agenda is Viva grant application for this I'll call for Ail those saying aye. Opposed? Aye, myself. MS. PAPPALARDO: Pappalardo. i work Recreation. I'm the supervisor. And the next Naples. They need upcoming year. I'll answer any questions at this time. ready for question I look at that and MR. VACCARO' Are you MS. PAPPALARD0' Yes. MR. VACCAR0' Again, 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 the same criteria as I would to any other concert situation, is it going to draw quality tourists from outside the county, outside our season. And that's my big question. In your presentation, you don't refer at all to any demographics on who your target audience might be, other than Hispanic. We don't know if they're 60-year-old Hispanics, 20-year-old Hispanics, parolees, millionaires, I don't know. And the way you determine that is what media are you using and who are your headliners? What market do they appeal to? if we're going to draw 10, 20, 30,000 people to this concert, who are they? What kind of people are they? demos that you aim at, and what are the -- what kind of criteria are you putting into ~he entertainment agency as far as the entertainment that you're willing to hire to have this great impact on tourism? MS. PAPPALARDO: First of all, last year's Viva Naples, which was the first annual Viva Naples, was a tough thing to pull off. It wa~ weeks after 9-11. It was October 13th. We had discussed whether we should cance event at that time or not. We did get some Page 157 What are the 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from County Commissioners' office and county manager's office on it. They decided that too money was invested and to go ahead and try to the event off. So I think we probably, you know, unfortunately but We targeted a targeted very hard entertainers that much pull faced some issues that we wouldn't have faced for the state of the country. very higher upper scale -- and the American market. The were brought in last year were the Three Salseros, Willie Chirino, Tito Nieves and Luis Enrique, who all cross over in~o the g~cLerican market. The world-renown Tiro Nieves, for example, songs like "~_~ Like _~ ~4- Like That." That's one of his very popular songs. When I was out and about in the community trying to get sponsorship. I~ was a very easy program to sell for me. It was a lot easier.than Country Jam, to be honest with you. People had an markets we targeted, I especially then had Miami and Tampa, being part of the Cuban trail here in Florida. After 9-11, many of my strengths in Miam~ through, because they put together that huge Page 158 interest in it. The targeted heritage f OA-~ALTi. MAT 2 20 2 1 2 3 4 5 6 7 8 9 ~10 14 15 16 17 18 19 20 21 22 23 ~4 25 P~e 159 concert the Sunday after on the 14th of October, which was all free to the community to raise money for 9-11. And that was tough, because some of these entertainers were singing there at Bayfront So that was really got the Miami market Park to raise these funds. hard. And I don't think we the way we wanted it. Our radio station we targeted 98.3-Salsa, which you can hear here which actually served as a stronger for the Collier County end also. in Miami was locally also, radio station The Tampa market was very responsive. A of the InEerne~ somehow was very strong event and working with local hotels. had American stations here locally that we number in the Tampa market. I received a lot of connections ~hrough the Internet. A tour company called Lanata Tours was working with me. They were bringing two full buses, charter buses full of tourists, into the area, which was canceled the week before the event. They just couldn't pull it off. They gave refunds to the people. I was working with the group and giving them the tickets for the We marketed. We did not have those outside We only worked with the Spanish stations. the a: We 2 8 2 )02 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 Page 160 had the Telemundo, which is an international channel, the Tampa station. We had a very strong campaign with them and their two radio stations in the area. And they were very strong. They were here the day of the event. They did some live things from the event. And then they covered something actually the next day in Lee County. They had a Spanish festival that following day, through the Hispanic Chamber. I think that Ehe numbers were disappointing for Viva Naples, but I don't think there's anything we could have done to change it. Attendance was down over 43 percent the Friday before Viva Naples. I know people myself, friends and families of mine that were coming to the event that didn't come after the President got spoke nationally and said, you know, be ready, there's a possibility we might have another terrorist attack. And that was Friday night, i believe at 8:00, and our event was the next day. So I think it was a really tough situation all the way around. I think Viva Naples has potential to be a strong event to bring in from outside. you well know, Calte Ocho many years ago, and is an event that brings in from all over. I As M kY 2 8 i 2 3 4 5 6 7 8 9 ,10 -~ 12 13 14 15 16 17 18 19 20 21 24 25 Page 161 wouldn't like to see it take the trend that Calle Ocho has taken. I'd like to see Viva Naples more of a crossover to all kinds of music, upper scale type entertainers. And I think that we need to probably do a two-day event for that event to really honestly get the room nights in here. If we work with that Columbus Day holiday in the fall, I think that's a nice weekend to work with. We had some dates in there. I know we've been kind of playing with dates. And the demographics that we did, we did cater to a kind of crossover market. We didn't just want Che Hispanic person there, we wan~ed everyone there. And I think we had that. ! don't know if any of you attended Viva Naples, buc there was 50 percent Hispanic and 50 percent American there, and they all were dancing salsa and meringue there. And ! really think I was surprised to see that, but it was the case. I also want te discuss the hotels at that (sic) time. We've learned a lot from that event to this eno. I had eno ef our employees handle the hotels. When it came back to find out the tracking for the room night, it was very difficult, oths than the Naples Beach Club that was working wit h MAY 2 B 002 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 162 us. That's why this time around with Country Jam I personally handled the hotels. I met with the managers and the sales directors. I went to the hotels many times throughout the process to make sure that they knew this morning at 8'00 I was going to call them, because I knew we were going to have to present Country Jam. So we work really closely with the hotels in order to track bed nights. We did some really neat promotional ~hings for Country Jam, which we'll be doing for all of our upcoming events. Like get-aways, we gave away hotel nights outside the !20-mite radius. We had big displays at the hotels that we did with the hotel logos and the event loges ef saying, you know, if you're here for Country Jam, you have the pessibi!ity ef winning backstage passes at the event; you know, redeem your coupon at the event se we can also track at the event the hotel nights. Se, you knew, we were -- we increased the type ef tracking we're doing in order te find out if we. really are getting tourists into the area. I also went -- I don't have these numbers with me, but I went in to the Florida USA website th ~t we're members of. We work with them. Ail ef e'er MAY 2§ 20O2 1 2 3 4 5 6 7 8 9 10 !t 12 13 14 15 16 ll 18 19 20 21 25 Page 163 events are on their websites and on their calendars. And we're members. Actually, we have two memberships with them. And I asked for them to send me some statistics on special events and do they know what kind of tourism they bring into the area. And I apologize, I don't have them with me today. But I believe that and I will be happy to e-mail that ~o all the board members. I believe that i~ was 16 percent of the outsiders stay in town during special events, when they come in for special events. And that was through the Florida USA, which we're all very familiar with. CHAIRMAN COLETTA' Questions by the council? MS. BUYSSE' I was looking at the budget, and you have that the entertainment agency is $5,000. Does that include the talent? MS. PAPPALARDO- No. We have an agency that we go out to bid and we get whoever is awarded the bid. They help us with contracts and acquiring the entertainment we need. It's very difficult for someone from the outside to just, you know, be able to -- MS. BUYSSE- So that is their cost? MS. PAPPALARDO- It's usually a percen It can be like Fan~asma is like 27 percent. I A¥ 28 2002 :'ac~... lO 1 2 3 4 5 6 l 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 luckily we have agencies here like a 12 percent, 15 percent. MS. BUYSSE: But I don't talent here. MS. PAPPALARDO: Okay. production. Entertainment, and entertainment, 35,000. parenthesis, I'm sorry. MS. BUYSSE: I was MS. PAPPALARDO: I other way around. MS. $35,OOO. MS. mean, P~e 164 locally that give us see the cost of the Sorry, that's under travel I have it in going to ask -- should have had it expenses the BUYSSE: Okay, so the entertainment is iust depends. ! actually 50. 15 and what we had allotted PAPPALARDO: you know, Well, it we had here it's 50,000 Do I hear a motion? have a question. I've seen 35 on our end. So for entertainment. CHAIRMAN COLETTA: MR. DINUNZIO: I the last two proposals for the Jam and for this. I'm kind of curious how you obtain your hotel participations. You've got three hotels list~ i~.~A~l one, four in another. Three of them are simi~ar~__~~ Same properties. / And are you soliciting all properties th4~ ~, 11 I i 1 2 3 4 5 6 7 8 9 !0 2.. 12 13 14 15 ~16 18 19 2O ~21 22 23 25 into the bed tax to offer breaks that might be available? with, they were all within MS. PAPPALARDO: For Viva Naples last year, just sort of asked what hotels wanted to be involved. And actually, if you looked at last year's list, we had a beachfront hotel, an inland hotel, a downtown hotel, the Trianon. There was a number of hotels that said yeah, we're interested, and we thought demographically we should have something, whether they just want to get off 75, come to the even~, because of course it was at the fairgrounds, so it was so inland. You know, they might not want %o stay at the Naples Beach Club or the Trianon. For this event, we concentrated on hotels around the Vineyards Community Park. And if you saw the five hotels for Country Jam we just worked the vicinity of the Vineyards Community Park. Now, I know for example where they had booked a room Beach Club. And the only because ~hey told us we've reservations. them tickets, Page 165 we that we had a call night at the Naples ~AI~ reason we knew that ~a~ 0_~ booked already MAY2§201 Because we send them -- when w( -s~/ we send them an event flier, we send ! 2 3 4 5 6 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 166 them our Explorer brochure, and we send them the hotels that are working with us, their information so they can call directly and make reservations. Now, I think that's where we are looking to expand, as James said. We're looking at hopefully working through the hoteliers where we can go into their meetings and say we'd like as much support from the hotels as possible. I'd like to work with all of them, because I think the more hotels we have out there and we're working with, the better chance we have of expanding really what we are bringing in for the events. I think our vendors, for example -- the event doesn't just impact the actual visitor that comes to see the concert. I'll give you a good example- We have a vender that comes from Kentucky that has they have that huge Titanic slide? Well, they asked us, Annie, you knew, can you give us a special events calendar for the area. Se I'll ge in te the Chambers from Cape Coral, Parks and Rec, you knew, everybody. And I'll ge in there, I'!! pull all the Chamber calendars and send it to him. When he comes down this year -- he stayed here one month. He stayed at the World Tennis Cent~ r ~.lO ~ right there en Airport. He had bookings in Ca e MAY2§ 2 1 2 3 4 5 6 7 8 9 10 11 ~!2 13 14 15 16 17 18 19 20 21 22 23 ~25 Coral, Fort Myers, our event, you know what I'm saying? He comes down, he got an events calendar from us, what's going on in the area. He calls these people, he tells them I have the Titanic and I sell glow necklaces. And he -- you know, it's his business. He comes down, he's spending a month here in our town and he's doing he's working. So that's another way thaE we're, you know, big time we're bringing in other visitors. Ail of our vendors, a lot of them are from out of the area. Country Jam this time around, we had quiEe a few new vendors from outside the area that also stayed and booked room nights. Viva Naples, the same thing. When I went back, I knew for a fact ~hat some of my vendors stayed at the ComforE Inn right off 75. I had to go back the next day and give them the name of the people to prove that they had stayed there. So that's where I think we need to expand and work closer with the hotel/motel association in order to be able to attract the room nights. And I have contacted Phase Five to see if could help us on that end. But that's not something that they directly do. They can go Page ! 67 head 1 2 3 4 5 7 8 9 10 ~11 12 13 14 15 17 18 19 20 21 22 23 24 25 Page 168 and for a charge be like a center for us where the calls can go in through them. They can conference you to a local hotel, but they really can't prove that the room night was booked or not. Because that was a key factor for us. We were thinking about using Phase Five this time around, but they couldn't tell us the fact whether we booked a hotel or not. That's why we decided to go with our 1-800 number again and track the room nights ourselves. And then picking five hotels to work with us, I personally met with each and every one of them and said look, i need to know for sure, you know, people that stayed at your hotel was a better way for us to track our bed nights. MR. DINUNZIO' Is it safe to assume that the answer to my question was you didn't contact all the hotels that pay into the bed tax? MS. PAPPALARDO- Yes. MR. DINUNZIO- The I'm sure tax collector's office has them, that list? MS. PAPPALARDO- MR. DINUNZIO- collect the tax. who's paying it. I don't know. I'm sure they do, because maybe if you want to promote this a little b So they would know, you know ~ I would suggest that, you kn .w~4A¥28 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 25 Page 169 you might offer it to all the hotels to put packages together and work with your office. MS. PAPPALARDO- I did go to some of the meetings that I was invited to by Kathy Priddis at the time and the marketing meetings, and I did at that time, to all the hoteiiers that were there, passed out all the information on our events in order that hopefully they would work with us. MR. DINUNZIO' We're only as good as what we see in front of us that day. Trust me on that. MR. VACCARO- Gentlemen, could I make one observation? I think every major market in Florida has a Spanish concert or Spanish festival once a year. Lee County does, Miami does, Orlando does, Tampa does, they all de. And the major purpose of most ef these, it seems, is te satisfy the local Hispanic community and bring in quality acts to town te celebrate their heritage. And it works very well for these reasons. I'm net sure it's necessarily a tourism related focus on these kind of activities and these other markets. It would be hard for me, again, for a let ef the reasons that have been mentioned all night long te support this, because I'm not sure it's knowing the headliners, not knowing the n o t~o^ ~ MAY 2820!2 1 2 3 10 11 12 13 16 IV 2O 21 22 23 24 2B Page 170 demographics that you're really focusing on in your marketing and advertising, it would be hard for me to support another concert. look for signature events. We look for signa -- I What you're creating is an event very similar to what everybody else does, which basically satisfies their local community. CHAIRNLAN COLETTA: to make a motion? MR. VACCARO: MR. DURKIN: CHAIRMAN COLETTA: Mr. Durkin. aye . Mr. Vaccaro, would you like i would make a motion to deny. Second it. We have a second from Is there any other discussion? Comments? A11 in favor of the motion, ind~ ~ ~ca~e by saying The ayes have it unanimously. Okay, moving on to the next item. I believe Herb Lutz ought to be the next item. MR. LUTZ: I'm scared to come up here. CHAIRMAN COLETTA: This is the man that has the license plate that says Parade One on it. MR. LUTZ: Mr. Chairman, members of the council, and to those of you who are just come board, congratulations, I guess you can call it. My situation's a little bit different than the a presentaticfl cl llvlA¥ 28 2002 Collier County Tourist Development Council Grant Application Organization Information Review the guidelines prior to completing this application. Submit an original and twenty- five (25) copies of the application with attachments to 3050 N. Horseshoe Drive, Suite 145, Naples, Florida 34104. Application lnfornxation Applicant (legal name of organi~ation) Collier Co~nty Parks and Recreation Department Address (street or box, city, state and zip code) Naples, FL 34116 3300 Santa Barbara Blvd. Telephone # (941) 353-0404 Fax # (941) 353-1002 E-Mail Address annieloappalardo@collieraov.net Federal ID 4/ 21-07-019995-53C Contact Person Annie pappalardo Title Marketing/Special Events Supervisor Organizations Chief Official Maria Ramsey Title Parks and Recreation Director Name of Event and Brief Description Viva Naples - Latin Music and Food Festival Viva Naples will showcase Classic Florida with its rich, cultural diversity with international entertainment, food and artisans. Collier County Tourist Development Council Grant Application Organization Information Page 2 Area of Event Impact (Location in Collier County)Sugden Regional Park Event Date (1st Choice)November 16, 2002 or {2nd Choice)May 17, 2003 Total Number of projects contained in this application one Tourist Tax Dollar Requested ~75,000.00 Total Amount of match $80,000.00 Certification of Authorizing Officials I certify, that the facts contained in this application are true and complete to the best of my knowledge and understand that, if employed, falsified statements on this application shall be gro~nds for refusal. I authorize investigation of all statements contained herein and the references and employers listed. I authorize Collier Co!mty to make any investigation of my credit or empioyutent status. Organization's Chief Official Maria Ramsey Typed Name Soci~ Security N~mber ~i~g~'~ture ~ M~Y 2 B 2002 PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUF~TED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessary to provide a copy of these items with the 25 copies.) (1) Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. (2) IRS Determination Letter- Except Government entities. Co~c~, etc. (4) Copy of financial statement for the most recently completed fiscal year - Except Government entities. {5) Letters of commitment from co-sponsors; (6) Budget narrative (detailed Exhibit "A') Name of Preparer: (PRINT) Annie Pappalardo Signature of Preparer: ~~'~f ~/~~~ A~NOA ~ 10'~ MAY 2 8 2002 BOARD OF COUNTY COMMISSIONERS Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Phone: (941) 774-8097 Fax: (941) 773-3602 District 1 District 2 District 3 District 4 District 5 Honorable Donna Fiala Honorable James D. Carter, Ph.D Honorable Tom Henning, Vice Chairman Honorable Fred Coyle Honorable Jmes N. Coletia, Chairman 774-8389 774-8390 774-8393 774-8392 774-8391 2002 Viva Naples Sponsors o Telemundo Channel 54 Television o Caf6 Bustelo · Hispanic Chamber of Commerce Tamiami Ford Dish Satellite · 1 st National Bank of Naples Wink T.V. o Wink 96.9 Radio · Mc Donalds · Naples Daily News Meridian Broadcasting · Radio Enerjia 1440 AGEN[)A IT~ MAY 2 8 2002 PROPOSED BUDGET FOR VIVA NAPLE~ TDC Funding Request (Pending Approval) · Advertising · Billboard Campaign · Ad Placement · Event's Intemet Website · Travel Expenses {Entertainment) · Accommodations · Trolley/Bussing · Food · Equipment Rental/Site Preparation · Program and Brochure Creation · Production (Sound/Lights/Stage) Entertairm~ent Agency · Printing & Promotional Banners & Signs Total TDC C.C.P.R.D. 75,000.00 31,000.00 12,000.00 500.00 15,000.00 1,5OO.OO 10,000.00 1,000.00 2,500.00 1,500.00 5,000.00 4,000.00 35,000.00 2,000.00 5,000.00 20,000.00 5,000.00 4,000.00 75,000.00 80,000.00 IN-KIND SPONSORSHIPS & SERVICES · Radio Sponsor · T.V. Sponsor · Staffing Total 15,000.00 10,000.00 2,500.00 27,500.00 · Ticket Sales · Food Vendors · Art & Craft Vendors · Rock Wall · Added Attractions Sub Total Event Sponsors Total 50,000.00 1,500.00 500.00 150.00 500.00 52,650.00 5,000.O0 57,650.00 AGENDA MIT 2 8 ~002 Category I Commitment To The Expansion of off-Season Tourism Minimum of 25 points required in this category to receive funding. Scope of Work ORGANIZATION: Collier Cozznty Parks and Recreation Department EVENT NAME: Viva Naples Southwest Florida's tropical paradise will soon be the home of VIVA NAPLES Latin Music and Food Festival. VIVA NAPLES will capitalize on the recent headlines in local newspapers reporting the growth of the Hispanic population in Southwest Florida in two ways. First, it ~/ll promote Classic Florida as place of cultural diversity for those outside the local area. Second, it will support that diversity among the residents of all areas of the county. Classic Florida is a traditional vacation destination for people from neighboring cities such as Miami, Tampa, and Orlando. VIVA NAPLES will highlight the area as the perfect weekend getaway. Latin music and cuisine lovers will enjoy our beaches, restaurants, hotels, and resorts as well as the festival. A VIVA NAPLES weekend getaway package will include discounts from local restaurants, special rates at local hotels, and transportation to and from the event. Efforts will be made to marke'. '.k; w~_-_~_?~a MAY 2 § 2002 ~'-' ~ackage to the attendees of national Rnd international conferences taking place throughout South Florida contemporaneously. Sugden Regional Park, where the festival will be held is centrally located 7 miles to 1-75. This ,~nique location will make VIVA NAPLES convenient not only to outside visitors and Neapolitans, but to the residents of Immokalee, Golden Gate Estates and East Naples areas, many of whom are Latin Americans. The festival will showcase a variety of Latin music styles including salsa, merengue, nortefia, and mariache and crossover sounds such as Tex-Mex o_od Latin pop. Local restaurnnts _~nd statewide food vendors will serve up traditional cuisine/rom Latin ~-' :o~]ntries such as Cuba, Mexico, Puerto Rico, Honduras, and Peru, as well as international cuisine from the United States, Germany, Italy, and others. The festival will also include a colorful array of international arts and craft vendors, which will draw interest from art enthusiasts/rom all over. But that's not all: Children's activities including rock climbing, games and rides will add fa~nily fun for all ages. M4¥ 2 8 2002 made aware of our area they will extend the lengths of their visits to patronize other visitor-oriented businesses and services. This further exposure to Classic Florida will fuel the word-of-mouth promotion that plays a major role in subsequent visitors' selection of our area as a vacation or convention destination. THE EFFECTIVENESS OF VIVA NAPLES WILL BE DETERMINED BY 1. Attendance 2. Participating host hotels will be asked to keep track of the n,~mber of room nights associated to this event. 3. Surveys will be administered to event patrons requesting basic demographic information and growing overall event success. 4. Coupons of potential sponsors will be provided to patrons and tailored by the business to detexmine or for redemption. 5. Tracking media exposure for T.D.C. and Classic Florida. Viva Naples will cooperate with existing T.D.C. programs by distributing visitors' info,,~ation to event patrons. Concertgoers will be provided with info,mation on our areas parks, hotels and attractions creating a lure to bring visitors back time and time again. In addition, our reputation for providing quality programs precedes our request for grant funding. Parks & Recreation has worked closely with the T.D.C. to provide quality program relaxing to eco tourism and the operation and maintenance for our coastal parks and beaches. Viva Naples revenues, grants and sponsorship revenues will be deposited into a Collier County Parks general revenue f~nd. The standard fiscal procedure of Collier Co,~nty is to use the Purchase Order system for the purchasing of all items. 1',4AY 2 8 2002 Category II Out of County Promotion Viva Naples Marketing Plan $51,000.00 RADIO ADVERTISING PROGRAM AMOUNT · 1440/98.3 - West Palm Beach, FL · 98.3 - Miami, FL · Radio Energize - Tampa, FL Sub Total $3,000.00 $3,000.00 $3,000.00 $9,000.00 BILLBOARD ~f~LRKET~G CAMPAIGN · Tampa · Orlando · Miami Sub Total $3,500.00 $3,500.00 $13,500.O0 NEI~SPAPERS/IS ]~AGAZIKE ADVERTISING PROGRAM · Display ads in Orlando Centennial · Display ads in Tampa Tribune · Display ads in Miami Herald Sub Total $2,000.00 $3,000.00 $3,500.00 $8,5o0.00 Total $31,000.00 I~-Km~ ADv~rzsmo · Radio $10,000.00 · Latin Television $10,000.00 Total $20,000.00 m. ~,U . MAY 2 8 2002 Category IH Soundness of Proposed Event Maximum Fifteen (15) Points VIVA NAPLES 3hME LInE NOVEMBER 16, 2002 February 2002 · Prepare Application for TDC Funding · Application due on February 15, 2002 · Begin Pricing and Availability for National Entertainers · Secure at least 4 different hotels/motels for lodging accommodations March 2002 · Design festival logo · Put Sponsorship Package together · __Secure Carnival Company April 2002 · Secure company for Entertainment Acts · Work on securing event sponsors May · Work on securing event sponsors June 2002 · Work on securing event sponsors July 2002 · Secure Event Sponsors o Title Sponsor o Media Sponsorship (Television, Radio, Newspaper) o In-Kind Sponsorship (Recreation Vehicles, Art Work, Printing, Food ~nd Beverage, etc...) August 2002 · Secure Entertainment Acts · Prepare application for obtaining a Carnival Pe,,~xit · Prepare application for obtnining a Special Events Permit · Secure Ticket Sales through Ticket Master · Review Entertainment Contracts 2002 September 2002 Secure all Purchase Orders · Go out to bid for Entertainment Production Company · Secure Entertainment Production Company ~Secure Housing for Entertoiners · Secure Transportation for Entertainers Prepare Festival Brochure · Put Event Supply List together · Order Tents · Order port-O-Lets · Order Generators · Order T-Shirts for Sales · Send out applications for Food Vendors · Send out applications for Art & Craft Vendors · Secure Added Attractions October 2002 · All Contacts Signed by Entertainment Agencies and Co,~nty Officials · ~Prepare PSA and send out to all media · ~Prepare advertisement for Radio Sponsor · Prepare advertisement for Television Sponsor · Print Posters, Flyers, Brochures, etc. · Order and receive all Event Banners and Signs · Secure Food Vendors Secure .a. xt & Craft Vendors · Secure stafi'mg for event · Design Event Site Plan · Begin Advertising Campaign · Begin ticket sales · Secure staff Schedule · Receive T-Shirts · Send out V.I.P Packages · Buy all Event Supplies · Order all supplies needed for entertainers · Put out Directional Signs two weeks prior to the event · Deliver Media Blitz Packages to all media November 2002 Carnival Company is set up by Wednesday, November 12, 2002 Begin Msln Stage Set-Up Food Vendors set up on Friday, November 15, 2002 Art & Craft Vendors set up on Friday, November 15, 2002 2 8 2002 Port-O-Lets Set up on Friday, November 15, 2002 Tents Set up on Friday, November 15, 2002 Complete Main Stage Set up on Friday, November 15, 2002 R.V.s are delivered on Friday, November 15, 2002 All Set Up is complete by 12:00(Noon) on Saturday, November 16, 2002 Gates Open at 2:00 pm on Friday, November 16, 2002 Clean Up on Monday, 18, 2002 2002 Category m Soundness of Proposed Event Maximum Fifteen (15) Points V~vA N~LES T~E Lm-E MAY 17, 2003 February 2002 · Prepare Apphcation for TDC Funding · Application due on February 15, 2002 June 2002 · Secure company for Entertainment Acts (Completed June 1, 2002} · Begin Pricing and Availability for National Entertainers · Secure at least 4 different hotels/motels for lodging accommodations July 2002 · · · ~Design festival logo Put Sponsorship Package together Secure Carnival Company August 2002 · Work on securing event sponsors September 2002 · Work on securing event sponsors October 2002 · Work on securing event sponsors November 2002 · Secure Event Sponsors o Title Sponsor o Media Sponsorship (Television, Radio, Newspaper) o In-Kind Sponsorship (Recreation Vehicles, Art Work, Printing, Food and Beverage, etc...) 2002 December 2002 · Secure Entertainment Acts · __Prepare application for obtaining a Carnival Pe.mit · __Prepare application for obtaining a Special Events Permit · __Secure Ticket Sales through Ticket Master January 2003 · Review Entertainment Contracts February 2003 · Secure all Purchase Orders · Go out to bid for Entertainment Production Company · Secure Entertainment Production Company · Secure Housing for Entertainers · Secure Transportation for Entertainers · Prepare Festival Brochure · Put Event Supply List together · Order Tents · Order Purr 0 Let~ · Order Generators · Order T-Shirts for Sales · __Send out applications for Food Vendors · __Send out applications for Art & Craft Vendors · Secure Added _attractions March 2003 · AH Contacts Signed by Entertainment Agencies and County Officials · Prepare PSA and send out to all media · Prepare advertisement for Radio Sponsor · Prepare advertisement for Television Sponsor · Print Posters, Flyers, Brochures. etc. · Order and receive aH Event Banners and Signs · Secure Food Vendors · Secure Art & Craft Vendors · Secure staffing for event · Design Event Site Plan April 2003 · ~Begin Advertising Campaign · Begin ticket sales · Secure staff Schedule · Receive T-Shirts MAY 2 8 2002 - pg. ~ __Send out V.I.P Packages Buy all Event Supplies Order all supplies needed for entertainers Put out Directional Signs two weeks prior to the event Deliver Media Blitz Packages to all media May 2002 G Carnival Company is set up by Wednesday, May 14, 2003 Begin Main Stage Set-Up __Food Vendors set up on Friday, May 16, 2003 Art & Craft Vendors set up on Friday, May 16, 2003 Port-O-Lets Set up on Friday, May 16, 2003 Tents Set up on Friday, May 16, 2003 Complete Main Stage Set up on Friday, April 25, 2003 R.V.s are delivered on Friday, May 16, 2003 All Set Up is complete by 12:00(Noon) on Friday, May 16, 2003 Gates Open at 2:00 pm on Saturday, May 17, 2003 __Clean Up on Mv,,ua~, ,%~ay 19, ~vv~ 2002 Category IV Organization Stability and Management Capacity. Maximum TwenW {20) Points Collier County Parks and Recreation has been sponsoring special events since 1986. The departments' commitment to provide quality family festivals has been highlighted through events such as Viva Naples, Snowfest, Christmas around the World, Country Jam. Party in the Park, Senior Expo plus many other smaller scale events. Archives of pictures, media coverage, impact on community, surveys and financial records are public record and can be viewed in the department's archives. Collier County Parks and Recreation Department has the staffing capacity of 2 l0 employees plus other on call employees available for special events. Friends of the Park, a volunteer program Lhrough the park system provides over 1,000 man-hours of assistance throughout the year. All county policies are followed in regards to administering the county's financial process. The Collier County Parks and Recreation Department uses a purchase order system to track our $13,144.100.00 Operating Budget. Set timelines are followed to assure reports and audits are conducted in a stringent manner. MAY 2 8 2002 ,,. Category V Quality and Uniqueness of Proposed Event Maximum Fifteen (15) Points Collier County Parks and Recreation Department will be the first Government Agency to host a diverse cultural festival with strong emphasis on the Hispanic growth within South West Florida. Throughout the grant a strong concrete marketing plan outlines the benefits derived from this enriched cultural festival. The department assures the citizens and visitors of Collier County and neighboring counties an upper scale festival with renowned musicians, artists, international cuisines, informational opportunities and activities that will create an aroma of excellence to the festival venue. We would also like to emphasize that our goal is to serve the public by providing affordable ticket paces for ever~ o_~e from the general ?J_b!ic !o attend, Strong promotional getaway packages will reach statewide residents to generate tourism to Classic Florida during off peak season. Our ultimate goal is to promote Collier County as a haven for vacationing, opportunities to our residents and visitors. NAY 2 I~ 2002 Collier County Tourist Development Council Preliminary Status Report 1. 2nd 'Annual Event 2. The following Hotels have committed to special rates for the weekend of November 16, 2002 and May 17, 2003. · Hawthorn Suites - 3557 Pine Ridge Road, Naples - 593-1300 "Hawthorn Suites will package the weekend at $80.00 per night" · Quality Inn Suites and Golf Resort - 4100 Golden Gate Pkwy, Naples - 455-1010 "Quality Inn will package the weekend at $59.00 per night" · Best Western Naples Plaza Hotel - 6400 Dudley Drive, Naples - 643-6655 "Best Western will package the weekend at $49.00 per night" 3. Two nights 4. Estimated revenue generated from the event Revenue · Ticket Sales · Food Vendors · :MI & Crali Vcnd(n's · Rock VCfll · Addcd Am~<6ons Sub qg~ 5. 8,OOO p~icip~ts 6. Please see ~ent Time Line 7. S/A S. N/A 50.000.00 1,500.00 500.O0 150.00 .500.00 52,650.00 MAY 2 8 2002 Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: Viva Naples February 15, 2002 CONTACT PERSON: Annie Paopalardo Supervisor Collier Co~mt¥ Parks & Recreation TITLE: Marketln~/Soecial Events ADDRESS: 3300 Santa Barbara Blvd. Naples, FL 34116 PHONE: (941) 353-0404 FAX: (941) 353-1002 9n an attached sheet, answer the following questions for each element in your scope of work. PRELIMINARY - These questions should be answered for each report excluding the final .~* ~*-,o repo?,.. >- Is this a first time event? If not, how many times has this event taken place? >- What hotels have committed to special rates or packages for the event to date? >- What is the estimated hotel nights generated by this event? >- What is the estimated revenue generated by this event? > What is the estimated number of participants expected to come to this event? >- If the event is in progress, what has been done, what remains to be done, and are there any problems? ~- If the event hasn't been started, why? ~ List the out-of-county advertising, marketing, and/or public relations that have been contracted or placed to date? 2002 EXECUTIVE SUMMARY CONSIDERATION OF FISCAL YEAR 2003 TOURIST DEVELOPMENT SPECIAL EVENT GRANT APPLICATION FOR THE CITY OF NAPLES FOURTH OF JULY CELEBRATION IN THE AMOUNT OF $50,000; TOURIST DEVELOPMENT COUNCIL RECOMMENDS APPROVAL OBJECTIVE: Board consideration of Tourist Development Special Event Grant Application for the 2003 City of Naples 4th of July Celebration. CONSIDERATIONS: On April 15, 2002, the Tourist Development Council (TDC) considered the Tourist Development Special Event grant application for the 2003 City of Naples 4th of July Celebration in the amount of $50,000. Mr. Herb Luntz addressed the TDC and answered questions regarding the application. An extract of the verbatim testimony regarding this grant application is provided with a copy of the grant application. After discussion, the TDC voted 8-1 (Durkin dissenting) to recommend Board approval of the $50,000 grant. FISCAL IMPACT: No fiscal impact if the grant application is denied by the Board. If approved, the grant will be funded from FY02/03 Fund 194 (Category "B" - Advertising/Promotion & Special Event) Reserves in the amount approved by the Board. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATIONS: Board consider the application, verbatim testimony, TDC recommendation, and take final action in approving or denying the grant application. If approved, recommend the Board authorize drafting of an Interlocal Agreement with the City of Naples regarding the funding of t,(ilojectI. D. E. "Bleu" Wallace, Director CDES Operations Department APPROVED BY: uK~_ .~~~'ff~Cor DATE: · Schrfiitt, Administrat nity Development & Environmental Services Division 20O2 EXTRACT OF TRANSCRIPT APRIL 15, 2002 MEETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Pages 170 through 181 regarding 2003 City of Naples 4th of July Celebration Council Members Present: Chairman James Coletta City of Marco Island Councilman E. Glen Tucker Naples Vice-Mayor Gary Galleberg Mr. Jerry Thirion Ms. Liana M. Buysse Mr. Gene Vaccaro Mr. Kevin Durkin Mr. Joe DiNunzio Ms. Rhona Saunders Staff Members Present: Mr. D. E. "Bleu" Wallace, Director, CDES Operations Department Mr. Thomas Nohl, Senior Management/Budget Analyst, CDES Operations Department Ms. Jaqueline Hubbard-Robinson, Assistant County Attorney MAY 2 B 2002 1 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 170 demographics that you're really focusing on in your marketing and advertising, it would be hard for me to support another concert. We look for signa -- I look for signature events. What you're creating is an event very similar to what everybody else does, which basically satisfies their local community. CHAIRMAN COLETTA: Mr. Vaccaro, would you like to make a motion? MR. VACCARO: MR. DURKIN: CHAiRN~N COLETTA: Mr. Durkin. I would make a moYion to deny. Second it. We have a second from aye . Is there any other discussion? Comments? All in favor of the motion, indicate by saying The ayes have it unanimously. Okay, moving on to the next item. t believe Herb Lutz ought to be the next item. MR. LUTZ: I'm scared to come up here. CHAIRMAN COLETTA: This is the man that has the license plate that says Parade One on it. MR. LUTZ: Mr. Chairman, members of the council, and to those of you who are just come on board, congratulations, I guess you can call it. My situation's a little bit different th~_~_ 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 Page 171 rest that you have had before you today. First of all, I don't know what's going ~o happen in 2003. I don't know how to plan 2003. We've got to get through with 2002, which is coming up rapidly. I need to thank Councilman Galleberg, vice mayor, for all the support that he's giving us from City Council in the past. But we do have another difference here. I was listening to it and I didn't think I'd have to address it, but I will, because I know it's importan.t. We do track our rooms. We have to track our rooms. Because we put ~hese people in the hotel. And you'll pardon the expression, while they're here, they're under our complete and total control. The 325 rooms tha~ we ~alked about was a modest figure. We used the Ramada Plaza as our headquarters hotel last summer. We filled it. We had to do a little overflow work. We were able to utilize Houlihan's in the beginning. That's why they opened 10 days ahead of schedule, so that they could shake down. This year, we needed to move address something because out of that hotel. And I, else in a minute. And th of what happened last year, · 1 £AG~A I1T~ is year MAY 2 8 2002 //_ t 2 3 4 5 6 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 172 we are using the new what was to be a Sheraton Four Points but is actually now going to be known as Naples Grande Hotel Downtown as our headquarters hotel because they have more doubles and we need more double rooms. We are contractually tied to them, the committee is. We are contractually tied to the Village Inn right on-site. And we're able to do and to have everybody downtown. Now, two weeks ago, three weeks ago, i made my annual migration through Georgia and so forth to Fort Stewart, headquarters of the Third Division, Hunter Air Field and over to Fort Benning, to try to tie down what we expect to have down here this year in the way of military. Because as you knew, we've been lucky in the past ceuple of years. And they're sitting on the edge ef their chairs right new, felks. Seme of them have already been ever, some have already come back. Seme felks that are going te be with us en the 4th, frem Herlbert (phenetic) Field next te Eglin Air Force Base just get back a week ago from blewing the teps off ef mountains ever there. We're bringing an entire flight crew dewn as part of what this is about. I don't know exactly what's going to P 2002 1 2 3 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 173 I do know that without the TDC grant, there's no way that I could even invite these folks to come down here. We are anticipating, if everything falls in -- and I will tell you, we also invited Mayor Rudy Guliani to come down. He's being handled by a Washington concern called the Speakers Bureau. Whether we'll get him or not, who knows. MS. SAUNDERS: Did you ask for him -- MR. LUTZ: If we don't get him this year, maybe we'll get him next year. The jumpers will be here. They've already made nhose commitmenls. I'm due out in the Pan Handle in two weeks to ~ie down ~he Air Force fly-by, and I have been told that unless something strange occurs, we will augment that fly-by from additional equipment. Fort Stewart, if -- unless something unforeseen occurs, we will have some pretty heavy-duty equipment down here. Hopefully an Abrams (phonetic) tank and some other things. They won't roll down the street, Mr. Galieberg, they'll be on the back of a flatbed. There's also a group of people, at Hunter Field that just came back. for exa There was a lvlAY 2 200? 1 2 5 6 7 8 9 10 i1 12 13 14 15 16 ~ 17 18 19 20 21 22 23 24 25 Page 174 Memorial service held for three of them last week. These folks, if we're lucky, we're going to get a contingent of Army rangers from Hunter that have just come back from the war, and they may even bring some of their equipment with them that has never been put on public display. If everything falls into place with the bands and the music and the concert and all this other good stuff, we're looking at probably in the neighborhood of between 575 and 600 room nights. And that's a guarantee. Because if i bring them down, they've got to stay. And they're here for three nights or two nights or four nights, or whatever it is. They're bringing their families with them. But I also had people from Miami that came over last summer. I don't know exactly how much we're going to be able to bring to the community. But number one, it benefits the hospitality industry, including food and beverage, especially if they're here for three days or four days. They get out and tbo~Af~ and do their thing. MAY282002 It's also the right thing, in my opini>n, because especially right now because this c3untry is in a conflict. And it's my opinion, and I think 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 175 the Chairman understands where I'm coming from, that this is not going to be a quick fix. We've got bigger things happening now than even happened over there. We need to show the flag again. We did it on the llth of November with a quickie. Took less than six weeks. But we need -- the flags are coming down everywhere. They're off of the cars, they're off of the sEore fronts, they -- from everywhere, ~hey're not there anymore. And we need to give it another good swift kick this summer. And if we're lucky, we'll do it right. The city has been incredible in their support. They'll do it again. And we need this grant money from you folks to make it happen. Because you will never in your lifetime get the school district of Collier County to promote or allow or do anything with those young people to allow them to play musical instruments or do other things for the 4th of July. And I've been fighting that battle for 20 years. I've lost it. So we took a different tour. And hopefully you'll see fit to support again this year in waving our flag and lettin everybody know. And I can tell you that all across the e MAY 2 8 200~ - 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 176 part of the United States, Naples, Florida and its environs are known as the most patriotic community here. And a lot of this is because of the support that we get from folks like you, from the governmental agencies, to where we can wave that flag and get people to feel good on the 4th of July and on the night of the 3rd, even if I make a fool out of myself up there. So I'll answer any questions you have. You know what the 4th of July is about. We just need support for next year, and that's why I'm here. MR. THIRION: Herb, I don't have a question, but I'm definitely going to support it. I attended last year's event, and I really want to commend you for your leadership. MR. LUTZ: I have a great team. MR. THIRION: Without you and your team MR. LUTZ: Him, he's one of them. it wouldn't be great, it MR. THIRION' would -- MR. LUTZ' He drove a golf cart. MR. THIRION: In fact, it was just last week ran out of candy finally. CHAIRMAN COLETTA: You were supposed to throw it. MAY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 177 MR. THIRION: i was being thrown at. But I have to say, you know, most of the hotels do enjoy good occupancy that week. And it's the most commonly asked question for that weekend is do you have a display or a parade or something like that. So everybody that's in town wants to go to it. I can't stand here or sit here and say that it attracts millions of people, but the people that do come remember it, and it could, you know, excite them to come back again next year, because of the quality tha~ you do. So I'm going to support MR. LUTZ: We have great people. And I thank you for that. And, you know, the council and everybody has always been supportive. And the Fifth Avenue Association is supportive. Everybody is. We're looking ~o do some different things. We're going to do something different this year. It's in the planning stages. We are going and hopefully we will put a concert together in Immokalee the night of the 4th. We're not going to go downtown to the pier. I'm taking my people and we're going to go to Immokalee. The City of~ takes care of the 4th of July fireworks on ~he~.~FL~_ , going pier. That s their bailiwick. We're i Mn 1 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 178 our load and we're going to go to Immokalee. We've got the high school already booked. We're going to do a full-blown concert with the mi!itary band. Maybe I'll make a fool out of myself again. And we're waiting to hear back from the Seminole tribe as to whether or not they will sustain the fireworks. We're trying to get them to do a fireworks display. Those folks out there need to experience this patriotism, and they have a right to. So we're going to try to do that. CHAIRMAN COLETTA: And of course whenever you mention i~mokaiee, Jim Coletta can't sit still. I can't tell you how much it's appreciated. Quite often they're forgotten in the mix. And they'll appreciate it more than you can ever believe. MR. LUTZ: Jim, you know what we did last year, we took the Fife and Drum Corp out there and marched them through Farmworker Village, and nobody knew about it and 100 and some odd kids were coming out of these little houses. And it was like the Pied Piper in the Parks and Recre -- Jim Thomas, one of our guys. And he took them all ove~ park and fed them lunch. You know, you've goT= MAY 2 8 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 do these things. This is what it's about. it's even more important than ever before. Page 179 And now And i hope you'll support this for next year so we can do our plans. CHAIRMAN COLETTA' I'll be there the night before to lay the chalk down on the pavement. MR. LUTZ' We won't have to do that. We've come up wi~h a better way. But I need you there the night before anyway in your tuxedo to help put people in seats. CHAIRMAN COLETTA' Oh, Herb. MR. VACCARO' Now, Mr. Chairman, ~ MR. LUTZ' Thank you, folks. MR. VACCARO' don't want to you know, i've been on the downside of most everything all night, and I'm not a beck of a lot different now. i mean, we're actually buying hotel rooms is what we're doing here. That's not our job. I concur with everybody else and their ~AI~ comments. Herb, I admire what you do. MR. LUTZ' Thank you, Gene. MR. VACCARO' I am a patriot, I am ar ~. [~ American, and I have a flag. But that's not my duty tonight. My duty tonight is to spend tax dollars as efficiently as I can to draw tourists to MAY 2 ~1 2002 1 2 3 5 6 7 8 9 10 I1 12 13 15 16 ll 18 19 2O 21 22 23 24 25 Page 180 Collier County. that. I don't think your event does Now, I'm going to go 180 degrees and say I that's the will of the community, that's wh would do. support it, because I'd be embarrassed not to. Because I'm a patriot. But that's the only reason. I think you shouldn't come to TDC for this, because I don't think it qualifies. But I'm going to support it anyway. MR. LUTZ: if I can respond. CHAIRMAN COLETTA: Is that a motion? MR. VACCARO: No. MR. LUTZ: You know, we've got $20,000 in corporate sponsorship that we've had now, this is their third year. The advertising and promotion that we get from the Naples Daily News is part of their corporate sponsorship. First National Bank of Naples has been with us since the beginning, and so has Weigold. They give us part of our seed money that we need to make this happen. But I can't do the rest of it, and I can't prepare to bring people in and make these things happen without this additional support. We would have to scale it back or walk away. And of course if ~t we MAY 2 8 2002 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. another event. VACCARO' Well, funding source, CHAIRMAN approval? MR. VACCARO: motion. CHAIRMAN MR. Page 181 I'd like for you to find because it's not a tourist COLETTA' Is that a motion for No, I'm not going to make the COLETTA' I'll make the motion. GALLEBERG' I'll second. CHAIRMAN COLETTA: Okay, we approval, and who's the second? Any other discussion? Ail those in favor, indicate And those opposed? have a motion Mr. Galleberg. MR. DURKIN' Aye. CHAIRMAN COLETTA' opposed? Kevin Durkin MR. LUTZ' Thank and support. CHAIRMAN COLETTA' by saying aye. for I'm sorry, who was the was the opposing vote. you. Appreciate your help Thank you very much. Nick Film whys MR. CAMPO: Campo, I'm Festival. to go through The first one Commissioner, council, my name is the president of the Marco Island And we probably have a bunch of before we start anywhere here. is why are we back, the sec MAY 9 o 9NN~ ORGANIZATION: EVENT NAME: Scope of Work City of Naples 4th of July Celebration 2003 Follow the instructions on the top of page 7. Goal amd Obiectives: To promote and celebrate the meaninE of Independence Day To provide an off season event to attract out of county visitors To provide an educational and entertainment experience Benefits: Positive economic impact to Collier County and the City of Naples. Pormote effective and cooperative sponsorship with government and private sectors. Media exposure to Collier County and City of Naples. 10 2002 Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRF_~S: PHONE: 4tu of July Celebration March 18~ 2002 City of Naples Herb Luntz TITLE: Military Coordinator, Naples 4th of July P.O.Box 770414, Naples, F1 34107 {941}591-1915 FAX: In a cooperative effort with the City of Naples, Collier County Government, Collier County Public Schools, and the private sector, attached is: Exhibit A - Projected Budget for the event Exhibit B - Projected Event Schedule Exhibit C -Projected organizations that will be in attendance Exhibit D - Group Sales Agreement Proposal Exhibit E - Food Agreement PRELIMINARY - These questions should be answered for each report excluding the final status report. 1.Is this a first time event? If not, how many times has this event taken place? 2.What hotels have committed to special rates or packages for the event to date? 3.What is the estimated hotel nights generated by this event? 4.What is the estimated revenue generated by this event? 5.What is the estimated number of participants expected to come to this event? 6.If the event is in progress, what has been done, what remains to be .done, and are there any problems? X 7.If the event hasn't been started, why? ~- 8.List the out-of-county advertising, marketing, and/or public relations that have been contracted or placed to date? 15 NAY 2 8 2002 Collier County Tourist Development Council Preliminary Status Report 1. No This event is over 25 years old. 2. Naples Grand Inn Downtown 3. Aprox. 526 room nights 4. + or - $ 40,000.00 5. Aprox. 100,000 people 6. NA 7. Event still in plannin~ stage 8. Trips to Military Bases 16 2002 Exhibit "A" City of Naples: Corporate Sponsors TDC Accommodations Meals Travel Equipment Total Project Budget $50,250 $20,000 $32,350 8,000 9,000 650 $ o,ooo 7/3 - 7:00 pm 7/4 - 7:00 am 9:00 am 10:00 am I0:10 am 12:00 pm 1:00 pm 7:00 pm 9:00 pm 9:00 pm City of Naples, Florida July 4th Celebration 2001 Projected Event Schedule Exhibit "B" Concert, Gulfcoast High School - 283rd Army Band Halfiime - USAF Honor Guard/Drill Team, CAP Fife 8,: Dram Corps Breakfast for visitors and team members at VFW Post//7369 Parachute Drop - SOCOM Team, Gulfview Middle School Soccer Field, prior to Jtm~p - USAF Honor Guard/Drill Team, CAP Fife & Dram Corps Parade begins at Broad Avenue S and 3rd St. S, invitees at reviewing stand USAF Fly By - above the Parade Route - F-15's Rest time with refrestunents -Naples Women's Club/hr all visitors, team members and Government Officials Lunch Buffet - VFW Post #7369 - visitors and team members Concert, Inunokalee High School by a military band Fireworks, Immokalee Fireworks, Naples Pier - Exhibit "C" Proiected Organizations That Will Be In Attendance As we have witnessed in the past, the event continues to grow. We project, besides the local public/private sponsor participation, the following military units and/or others to be here for the 4th of July Celebration between July 3 and 4, 2003. 1. 283rd Band - Ft. Benning, Ga 2. 3'd Division Band - Ft. Stewart, GA and other units 3. Civil Air Patrol Band - Maryland, DC. Fife, drum and bugle corps 4. USAF Honor Guard/Drill Team - Hurlbert Field, FL 5. Rolling Stock - Patrick AFT, FL 6. SOCOM Jump Team - MacDill AFB, FL 7. F-15's - Tyndall AFT, FL 8. MP Colors - Ft. Steward, GA 9. USAF Security K-9 Units - Patrick AFB, FL l 0. USAF Ground Support for Tyndall AFB Fly-By The Grand Inn, Naples do,~vntown, has committed, along with the Village Inn restaurant (letter's attached), with significant discounts. We are projecting 526 room nights. 10 _ EXECUTIVE SUMMARY CONSIDERATION OF FISCAL YEAR 2002 AND 2003 TOURIST DEVELOPMENT SPECIAL EVENT GRANT APPLICATIONS FROM THE MARCO ISLAND FILM FESTIVAL IN THE AMOUNT OF $160,000 FOR EACH FISCAL YEAR; TOURIST DEVELOPMENT COUNCIL RECOMMENDS APPROVAL OF $96,000 FOR PUBLIC RELATIONS, ADVERTISING, AND WEB-SITE FOR FISCAL YE!~ 2002 ONLY OBJECTIVE: Board consideration of Tourist Development Special Event Grant Applications from Marco Island Film Festival for FY02 and FY03. CONSIDERATIONS: On April 15, 2002, the Tourist Development Council (TDC) considered the Tourist Development Special Event grant applications for FY02 and FY03 from Marco Island Film Festival in the amount of $160,000 for each year. Mr. Nick Campo, President of the Marco Island Film Festival, addressed the TDC and answered questions regarding the application. An extract of the verbatim testimony regarding the grant applications is provided with copies of the applications. After discussion, the TDC voted unanimously (9-0) to recommend Board approval of a $96,000 grant, limited to Public Relations, Paid Advertising, and Web-site development/management for the FY02 Marco Island Film Festival. The FY03 grant application was not presented or discussed by the TDC. FISCAL IMPACT: No fiscal impact if the grant application is denied by the Board. If approved, the grant will be funded from FY01/02 Fund 194 (Category "B" - Advertising/Promotion & Special Event) Reserves in the amount approved by the Board. There are adequate funds available in current year Fund 194 Reserves to fund this grant. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATIONS: Board consider the application, verbatim testimony, TDC recommendation, and take final action in approving or denying the grant application. If approved, recommend the Board authorize drafting of the standard Tourism Agreement regarding funding of the project. pREPARED BY: DATE: D. E. "Bleu" Wallace, Director CDES Operations Department Jo$6ph K. Sc)ffmtt, Adm~mstrator  .t~mmunity Development & Environmental Services Division 2 B 2002 EXTRACT @i~' TRANSCRIPT APRIL 15, 2002 MEETING OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Pages 181 through 207 regarding 2003 and 2004 Marco Island Film Festival Council Members Present: Chairman James Coletta City of Marco Island Councilman E. Glen Tucker Naples Vice-Mayor Gary Galleberg Mr. Jerry Thirion Ms. Liana M. Buysse Mr. Gene Vaccaro Mr. Kevin Durkin Mr. Joe DiNunzio Ms. Rhona Saunders Staff Members Present: Mr. D. E. "Bleu" Wallace, Director, CDES Operations Department Mr. Thomas Nohl, Senior Management/Budget Analyst, CDES Operations Department Ms. Jaqueline Hubbard-Robinson, Assistant County Attorney MAT 2 8 2002 1 2 3 4 5 6 7 8 9 t0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 181 MR. VACCARO: Well, I'd like for you to find another funding source, because it's not a tourist event. CHAIRMAN COLETTA: Is that a motion for approval? MR. VACCARO: No, I'm not going to make the motion. CHAIRMAN COLETTA: I'll make the motion. MR. GALLEBERG: I'll second. CHAIRMAN COLETTA: Okay, we have a motion for approval, and who's the second? Mr. Galleberg. Any other discussion? Ail those in favor, indicate by saying aye. And those opposed? MR. DURKIN: Aye. CHAIRMAN COLETTA: opposed? I'm sorry, who was the Kevin Durkin was the opposing vote. MR. LUTZ' and support. CHAIRMAN COLETTA' Thank you. Appreciate your help Thank you very much. MR. CAMPO' Commissioner, council, my name is Nick Campo, I'm the president of the Marco Island Film Festival. whys to go through before we start anywher The first one is why are we back, the And we probably have a bunch of I sec©ii~ 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 Pa~c 182 is why are we on the agenda twice, and the third one is why me. But we're just going to dig into it and go with it. Last year the TDC recommended $50,000 to give to us to fund the Marco Island Film Festival. The council -- excuse me, the commissioners denied it. And they laid out a specific wish list in order to support the festival. And we've addressed those issues. And through the urging of staff, we're reapplying for the funds, hence the 2002 line item. They asked us to expand the festival beyond Marco Island. Year one was strictly Marco Island. Year two we did a few movies up in Naples. Year three we did the Pavilion, we had parties in Naples. Year four we had movies at the Regal. We had -- aside from the Marco Island events, we had a movie at Cambier Park, we had events in the downtown Naples, we had events in Immokalee. We expanded the festival. Like we said, this year, year five, we decided that it was just too much for staff to run all that in one weekend and we have planned four days in Naples and four days in Marco. It's turned into an eight-day event as opposed to a four-day ev4=~ And that's why we're coming back at you wit MM 2B2002 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 Page 183 money. Established political exposure for the destination. I'm going to introduce someone later that's going to -- to lay that out for you and tell you some amazing things that are happening with the festival and the exposure that we are starting to get. Attract the attention of international visitors. When we came here last month and gave you our report, I gave you a listing of where the people came from. And in that listing were the names and addresses of people that came from out of country, let alone from all over the country. And improve the value of the festival as a cultural event. And I don't even think we need to explore that. I think we all know that this festival has grown into probably the premier culture event for Marco Island -- excuse me, for Collier County. The event has become an asset and an amenity for marketing in Southwest Florida. We have an opportunity to see it grow. And I think the preconceived notion that the TDC funds are the only funding that we get are incorrect. ~_]~ F_ We -- the first year we had a $260,00 MAY 2 8 2002 Page 184 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 -- budgeted festival. Of that you gave us $80,000 to promote. This year with the events in Naples, we are budgeted at almost $750,000. We're asking for 160. You talk about matching funds, I think we're doing our job. Those are an in kind, that's in monies that are given to us through sponsorship, and all of our advertising, all the dollars that we get from the TDC are used specifically for TDC funded items. Meaning that all the promotion is out of county. We do not consider Lee County promotion out-of-county promotion. Everything is done out of county, out of state. In Hollywood for our tourists, in the trade publications, in New York, all over the country, all over the world. Our Internet site has become a destination site for the entire area. We get anywhere between 20 and 50 e-mails a day from all over the country, from people asking about the festival and how t© get there. And we get a few also from Sandra Bullock and other people like that, that all of a sudden they pop up on the screen asking -- or politely denying our request for them to come, in all honesty. But we're going to get one of them one of these days. ! ~~ Last year, as we all know, the country~ 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 Page 185 devastated by the September llth tragedy. We were four weeks after that. And yet even the four-week thing, we matched our attendance from the year before. We did not go down. We brought the people in here. We had 1,670 out-of-town room nights that we tracked. We know we had them. We did not go through the hotels, we got them through the people who filled out a questionnaire on their ballot that they turned in after they looked at the movies. We got their name, we have their -- we don't have their addresses, we didn't ask for that. We asked for their town and we asked for how many people were in the park and where they were staying. We do not have specifics that they stayed at The Registry or they stayed at The Marriott, but we know that they stayed either in a hotel or they stayed in a rental home or they stayed at a friend's home or they were in county. We know that for a fact. And I don't think that we're going to ever be able to get any closer to finding out if it's a true room night or not on something like that, because it's almost an impossible thing to track, as I'm sure all the hoteliers here know. It's a tough thing to track. ~ /O ~ 2 8 ~002 ' P~. 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Now in its fifth year we're going to be bringing the high quality entertainment completely into Collier County. We are in Marco Island, we are in downtown Naples, we are in North Naples, we are in Bonita and we are in Immokalee. I don't think we can cover the Collier (sic) any better Page 186 Dobyns from Above Water, who was the person than that. We are coming to the people, we're not making the people come to us. And an eight-day event is quite an undertaking for our staff. And I have to reiterate the fact that this is a volunteer sc~zz. We have done this with volunteers. We have -- we've paid our promotional people, we've paid our publicity agents, but the staff itself that works 365 days a year in that office down in Marco Island is volunteer. We need to change that. And that's one of the things that we're going for this year. That money will not come out of TDC funds, it's going to come out of the operating budget. However, we need to start paying our staff, because it's just too much to ask to keep the continuity of this event at the level that we've kept it at. At this point, and we don't want to harbor this too long, but I want to introduce you to Cindy A~A M/OF L4 V '~ o ")flfl'l 1 2 3 4 5 6 7 8 9 10 !i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 187 into that responsible for the great publicity we got last year that I know you all saw, and she will bring to you a little bit on our market. MS. DOBYNS: For the record, Cindy Dobyns. My company is Above Water Public Relations. And yes, the film festival did bring me on board September 1st to do publicity for an event that was happening 45 days later, which was a little bit of a challenge for me. Admittedly, a lot of the publicity that we got was based on newspaper coverage, simply by virtue of the fact that I did not have the lead time that was necessary to get the consumer travel magazines and things now we have the the message out, get these annual travel magazines. The opportunity to do, to especially to some of and airline in-flight guides possibilities are endless. What did happen, however, in those 45 days was 1.4 million dollars worth of publicity that had been placed. That was attention on Collier County. That was all for this particular film fest. They've had the wisdom now to bring me on board a little bit sooner. I'm working with them now to do the fundraising event that's happen~ MAY 2 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 188 here this weekend and, as a matter of fact, right about now I have an interview happening with one of the daytime television celebrities at 6:05 with a syndicated radio station. Cindy Reinhardt is an entertainment show that will be syndicated to over 100 radio stations across the country. So these are the kinds of things, you know, that Collier County is going to be out there. They're going to be talking about this event that's happening here this weekend. This Friday we go to the airport to pick up the CBS news crew from 48 Hours. They're coming out here to cover this event that we're having here, just as the fundraiser for the film festival. This isn't even the film festival itself. It costs a lot of money to do one of these festivals. The marketing of it alone, flying in the actors and the film makers, just so you understand that this is only a portion of what we're asking for of what it costs to do a film festival like this. And certainly this is just a fraction of what publicity can be gained for destination, based on an event like this. People come here, they stay overnight, stay for the entire festival. We have a lot 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 189 opportunities here to have this be an event that will put Collier County on the map, basically, internationally. Thank you. MR. GALLEBERG: Can I ask, when you say a million four publicity value, which is what I think you called it, it's in our materials as well, what does that mean? That sounds like one of those numbers that's completely hypothetical. MR. CAMPO: No, we have it broken down. We gave it to you in our synopsis. Unfortunately you weren't here at the time when we were there. But we can give it -- MR. GALLEBERG: Well, I think I have it -- MR. C~MPO: We didn't bring -- MR. GALLEBERG: -- here. MR. CAMPO: This is an actual breakdown of everything that we got. MS. DOBYNS: I could explain how that's calculated. What I do -- and this is typical of most public relations agencies to do this. You take the amount of publicity that had been gained, its editorial coverage, you physically measure it. Use a ruler, you measure how many inches that is. How much would it have cost you to buy that same amount of space in that publication. So thi! 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 190 actual dollar for dollar figure. This is all free advertising. This did not cost you anything. MR. GALLEBERG' So you equate a page of editorial where the festival is mentioned to the page ad for the festival? MS. DOBYNS' Right. Black and white. Unless there was a color photo with it, then I count that as a color ad. MR. GALLEBERG' Thank you. MR. CAMPO' If you want to see a little bit of what we're doing, you can stop at Publix and pick up any Soap Opera magazine this weekend that's sitting on the stand there. That's also in every single grocery store in the country. And you can read the editorial about the film festival fundraiser this weekend. And if you want to pick it up next month, you'll be able to pick up and see the color photos and the stories that they spread out about this fundrais.er. And this is just a fundraiser that we're putting on. This isn't even the event itself. I believe we're doing our job, and we're - pg. growing this thing. I know you keep coming b~ck saying seed money, but if we kept this at that small little four-day event in Marco Island where MAY 2 8 20[2 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 191 we had that $260,000 budget, I'd agree with you on the seed money. But we have grown it and grown it and grown it. And we need help. There's no denying that this money is a major, major help to the festival. We use it for our promotion, we use it to bring in the stars, which is the big thing, and we're ready to move it to the next level. We've been held back on the stars that we bring in because we can't afford to bring in their bodyguard and their publicist and their agent. It costs tons of money to bring these people in. The hotels have been tremendously supportive. The local papers have been tremendously supportive. And the news press, and the TV. But we need your help. We need your help. And I believe we've done our job, and we're asking you to stay with the winner. CHAIRMAN COLETTA- Questions? MS. SAUNDERS' Yeah. I have been a major supporter of the film festival, but I -- since it began, actually. But I've also been a very strong voice saying, okay, it Is seed money and you've got to stand on your own. You said something this year AGrd~)A ITEM that is going to make me reverse what I sai¢ l~st [O~ 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 Page 192 year and go against everybody, which is that you're turning it from a four-day to an eight-day event, and you're taking it -- basically creating a second film festival in Naples. MR. CAMPO' Correct. MS. SAUNDERS' I can in my own mind rationalize that that is almost seed money for a second event or an additional event and, therefore, although I have said on the record a number of times I will not support additional money, I'm going to change that. And I don't know if 160,000 is the right amount, but I would like to give you some money to encourage you to grow throughout Collier County. I'd still like to see you get on your own completely. Do you have any idea at all how much it's costing you to expand from the four days to the eight days? MR. CAMPO' Well -- do we have that broken down? We have a budget, Leon, and I apologize, I honestly don't know what's in your packet. But we have $340,000 budgeted for the Marco event, and _ $306,000 budgeted for the Naples event. ~ lO ~_ ~AY 2_ 8 _2002 1 2 3 4 5 6 7 8 9 10 -h_h 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 193 Obviously a lot of things that we did last year that crossed over back and forth we don't have to do this year. The outdoor events. For instance, the movie in Cambier Park cost us the same amount of money last year as it will cost us this year. There is a duplication of effort. MR. GALLEBERG- Mr. Chairman? Question I have. If I understand it correctly, because as I mentioned earlier at this meeting, I wasn't involved in this directly las~ year. But you were turned down on 50,000 last year, with instructions to spread it out geographically throughout the county, which you've done in part and are still doing more. But I don't understand the leap from being turned down on 50 to asking for 160 this year and 160 next year. MR. CAMPO: We asked for 80,000 last year. MR. GALLEBERG: 80. MR. CAMPO: We were granted 50. MR. GALLEBERG: Still the point is the same. MR. CAM?O: And we doubled the size of the festival, so we doubled the budget. MR. GALLEBERG: But at some point don't you -- you should be getting economies of scale or something along those lines as it gets popu MAY 2 8 2002 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 additional advertising, leaving 900 and Page 194 MR. CAMPO' The promotional -- I understand what you're saying. However, when we looked at it, we also have been under budgeted every single year, so we kind of went for the golden goose. We need to push this thing over the edge. We need to step up in our stars that we bring in, we need to step up in our out-of-county promotion, we need to get into more publications and more exposure. And that's why we have upped it this year. Because we feel we're right on the verge. The name's out there, people talk about us. CBS called us. 48 Hours called us. We didn't call 48 Hours. They know about the festival. And we just need to push this thing over the top, and we're going to have one beck of an event. MR. VACCARO' Mr. Chairman, could somebody tell us what we've gon in special events category funds available? MR. WALLACE' I need to know which year we're talking about. There's two applications from the Marco Island Film Festival in front of you. 2002 you have 1.1 million dollars in reserves, of which this body voted to take 250,000 of that toward 1 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 something -- 900,000 left in there. So that's what's there. MR. VACCARO: Mr. motion that we approve Chairman, I'd like to the public relations make a expenditures, the advertising expenditures and the web site expenditures, all the promotional activities related with their request, for a total of $96,000. MR. GALLEBERG: numbers from? I like to the right page. MR. VACCARO: advertising 40, and 2,500. The rest of theirs, it seems to the Where do you pull those the idea, I just wan~ to Public relations, 53-5, the the web site maintenance of the responsibility should be me. You're making that for get just year, Page 195 CHAIRMAN COLETTA: year 2002? MR. VACCARO: yeah, 2002. MR. GALLEBERG: there's value to this controversial from a past, but it is that's the time for a Yeah, just for this current I'll second that. I thin} AGENDA event. I know it's been ~ funding standpoint in the ~A¥28 there is singular value, if ~. I~ earlier. And it does take a film festival, rather -- term you used film event -- 02 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 / to get traction and to become a nationwide draw. think this has the chance to do it. I like Mr. Vaccaro's idea of trimming it back to what really TDC should be for. MR. DINUNZIO' what they granted? granted 80? Is that an increase of 16 over Because weren't they already CHAIRMAN COLETTA' No, 50. MR. DINUNZIO' I thought this was for -- I thought they were for this year, based on last year. MR. CAMPO' We were granted but denied by the Commission and asked to come back with this expanded event, which we did. CHAIRMAN COLETTA' Okay. have a second. say? We have a motion, we Discussion? And the amount's for 96, did you Page 196 MAY 2 B 2002 MR. VACCARO' Yes. MS. SAUNDERS' For the year 2002. MR. VACCARO' 2002 only. CHAIRMAN COLETTA' 2002. _ p~._[~ MR. GALLEBERG' Even though I seconded i-t, i guess the remaining -- some people might not be for it, in any event. But the remaining element of 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 Page 197 discussion would be should the TDC funds pick up the entirety of those three categories or not. CHAIRMAN COLETTA: Well, up to 96,000, and they've got to bill it. If they don't spend that much, then we don't pay that much. I would assume that would be the way it works. MR. GALLEBERG: Yes, it is. CHAIRMAN COLETTA: Any other discussion? MS. SAUNDERS: I have one discussion point from a marketing standpoint. There are sometimes when you go for it, and instead of spreading out the money you have, you spend everything you've got. And it sounds to me like you are really poised right now to turn this into an international event. I'd like us just to talk about or consider funding the entire thing, going for it this year and saying you're on your own -- as I said last year, you're on your own next year. This either makes it or doesn't. But when CBS and 48 Hours and the rest start calling, I don't think that's the time to cut I'd like to give them everything they want and say you either do it or you don't and we're done. - MR. GALLEBERG' But I would argue we'r n~t~ M~ 2 ~ 2002 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Paoe 198 cutting, because number one, TDC approved 80 and they got knocked down to zero by the Commission, which is what really counts. And we're increasing it to 96. MS. SAUNDERS' True. MR. GALLEBERG: And I think -- you know, I think this is -- I agree with you, it's sort of blast-off time, but I question whether we should be using the tax money to fly Sandra Bullock in, or whatever. And we have the same, to me at least, the same philosophically similar issues when we're discussing the concerts. You know, why would the county be in the business of doing concerts? It doesn't make sense. I think this targeted support is consistent with our mandate. MS. BUYSSE' Well, it looks to me that Sandra Bullock, if she would come here, it would be a great boom for the hotels, because a lot of people would like to come to this event. And that's really why we're here. Especially in the summer. So I don't think that it's frivolous to fly somebody very famous here, because that is -- why is it so expensive? Because so many people will follow. So I don't think we are throwing away the ACtA ITEM county taxpayer money. I think it would be a N~OUplO 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 2Z 23 24 25 if they could do it. MR. GALLEBERG' And we should finance it. We could debate this, and Page 199 there's probably no right or wrong. I would argue, however, that that is transient in nature. However, funding, advertising, PR and websites can lay a foundation for this well into the future. CHAIRMAN COLETTA: Any other comments? With that, we do have a motion that's been for the direct advertising up to $96,000 for the year 2002. And with that I don't think I'm missing anything from that motion, the basis of it. MR. VACCARO: That's it. CHAIRMAN COLETTA: You stated it very well and you made a good point on that, Mr. Vaccaro. I applaud you on that. So I'm going to call for the question. Ail those in favor, indicate by saying aye. Opposed? (No response.) CHAIRMAN COLETTA: unanimously. MR. CAMPO: The ayes have it Thank you very much. No, I appreciate it, we appreciate it very much. you very much. MS. SAUNDERS- {4A¥ 2 8 2002 Thank Do we need to talk about 2003, 1 2 3 4 5 6 or -- CHAIRMAN COLETTA: take care of itself. MS. SAUNDERS' Okay. No, no, I think 2003 will I don't CHAIRMAN COLETTA' My own opinion. think we should be committing some future board or Page 200 7 8 9 10 11 12 13 council for that year. The next part is the special events reports, which you've already seen and you heard a good part of. If you need to hear something else, we can call them back up. But you may wish to approve the reports that were given and turned in, the interim reports, and what took place up to that point in 14 15 16 17 18 19 20 21 22 23 24 25 time. MR. DURKIN: So moved. MR. THIRION: Second. CHAIRMAN COLETTA: Okay, we have a motion and a second. Ail those in favor? I'm sorry, raise your hand -- Gene, you made the motion, right? MR. GALLEBERG: No, you did. CHAIRMAN COLETTA: Kevin Durkin made th motion. And who made the second? MR. THIRION: I did. CHAIRMAN COLETTA: Sorry about that. apologize, I want to make your life as easy as AGeNdA IT~ MAY 2 8 2002 - .,.ZZ _ 1 2 3 4 5 6 7 possible. Okay, and with that, I'll call the question, all those in favor, indicate by saying aye. Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it unanimously. Page 201 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And with that we're going to go on to council 'member discussion. And I take it that you have something that you want to say to us before we go to that. Mr. Wallace, you did a wonderful job of pulling this book together and organizing this meeting today, and I do thank you for that. MR. WALLACE: Thank you, Mr. Chairman. I only have a couple of remarks. Mr. Tucker, from Marco Island, Councilman Tucker, mentioned he's having a tough time making these meetings on the Mondays that we choose. And I'm sorry, but these have been of my choosing. It's very difficult to get a room after all the other advisory boards and board meetings and budget hearings and workshops are already scheduled, so I end up getting what's left. I was wondering, I wanted to ask the c< 2002 3 4 5 6 7 8 if the fourth Monday of the month, at 2-00 in the afternoon would be a good and acceptable time for your quarterly meetings. We can have the special meetings any time the chairman calls, but the quarterly meetings. MR. GALLEBERG: Mr. Wallace? We're going through a very similar thing on Coastal Advisory committee, and I think that committee grabbed that Page 202 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 time. MR. WALLACE: Well, no, they couldn't have. And the reason is another advisory board that I have has that time locked out all year, the fourth Monday of the month, in this boardroom. MR. GALLEBERG: I may be confused. But the coordination thing I understood from Mr. Hovell, who was the staff liaison for us on Coastal Advisory, that that was available and that he had blocked it out. MR. WALLACE: Well, I'll check with him, but I've had it for two years for the Collier County Wastewater Authority. CHAIgYlAN COLETTA: Just one note, though. If you wanted to do something on May 29th, you'd it was Memorial day. MR. WALLACE' No, what I'm saying is the f~nd - . HAT 2 B 200 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 This is April. The next one Page 203 quarterly meetings. would be July. CHAIRMAN COLETTA: It might be a good time to talk about scheduling another meeting, other than waiting for a whole quarter, unless you people think that that's adequate at this point in time. You've been through the cycle quite a few times and I haven't, it's still pretty new. But if you think we need to meet monthly for awhile, I'm not opposed to doing that. MR. THIRION: If I can just help maybe here a little bit. You know the visioning process we just went through, one of the key -- in fact number one key recommendation that the Tourist Development Council should meet on a monthly basis. CHAIRMAN COLETTA: And I'm for that, but I'd like to hear this council. It's your choice. Would you like to plan for a meeting in May? And then we can play it by ear. When we get to the actual summer, July and August, at least, I'd assume we'd probably want to forego that. MR. VACCARO: I for one would rather have the monthly meetings than have this. CHAIRMAN COLETTA: Well, you're still going to see this when it comes due again next year 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 25 Page 204 bunches up at the same time. MR. VACCARO' Right. But rather -- CHAIRMAN COLETTA: But you're right, you can get an interim report -- MR. VACCARO' -- than to have long drawn-out agendas, I would rather have a short agenda and meet more often. That's me personally, but -- MR. THIRION' I'll go along with that, Jim. CHAIRMAN COLETTA' Okay, what we'll do is we'll send out a little memo to you, giving several different dates that we may be able to choose. don't know if we can pick one at this point in time. We don't know what the schedule of this particular office is -- or excuse me, this room. But we could take a look at it and then come back to you. I believe I have all your e-mail addresses. And we'll try to find something that's going to work the best for the majority of us, and we'll plan a meeting for May. And it will probably be a brief meeting. It won't run anywheres near the length that this one did. We'll get an updated report of where we are and a new director. Mr. Galleberg? MR. GALLEBERG' If you're done, I cert~ don't want to interrupt. It's on a slightll ±n!v ,lvIA¥ 2 B 2002 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 Page 205 different topic. Just procedurally, we did have the Marco Island Film Festival request for 2003 on our agenda. I think the consensus of what we want to do with that is clear, but do we need a quick vote on that to -- as a recommendation? CHAIRMAN COLETTA: You know, you brought up a good point. I would personally like to see a recommendation that it be forestalled until some point in the future. To try to decide what we're going to do in 2003 is -- I don't think it's appropriate. We should see what happens in 2002. MR. GALLEBERG: I agree with that completely. I'll make that motion. perhaps -- CHAIRMAN COLETTA' I just thought we should That's a good procedure to make sure we're complying with what we have to do. So we have a motion, and is there a second? MS. SAUNDERS: I'll second that. CHAIRMAN COLETTA: And a second. Is there any discussion on that motion? Ail those in favor, indicate by saying aye. Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it. Okay, let's start from this end. MAY 2 8 2002 ~ 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 --~24 25 Gene. MR. VACCARO: What are we starting? CHAIRMAN COLETTA: Just comments. Final comments, best of wishes to everyone. MR. VACCARO: I've made too many comments already. I'll shut up now. CHAIRMAN COLETTA: You did an excellent job, You helped us with the direction today. first. Mr. Galleberg? MR. GALLEBERG: MR. DURKIN: MR. THIRION: MR. DINUNZIO: MS. SAUNDERS: MS. BUYSSE: CHAIRMAN COLETTA: Nothing. Nothing. Nothing. Wore me out. I'll pass. I'm going to say something -- I'm going to say something Page 206 Thank you so much for all the time and effort that you've given us. It's very much appreciated. And I hope that you're not going to disappear into the woodwork. MS. BUYSSE: Well, I want to thank you, because I've had 10 years on the TDC. I think that now it's pretty well organized. And I see a lot of dedicated people. And I hope and I wish you good luck in the work. I have enjoyed those 10 yi-~ar~t~3~^~l~ Page 207 t 1 2 3 4 5 6 7 8 9 10 11 so it's time for me to leave. CHAIRMAN COLETTA' Well, we might be back after you after one year. Thank l'ou. With that, good night. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6-20 p.m. TOURIST DEVELOPMENT COUNCIL JIM COLETTA, CHAIRMAN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. NOTTINGHAM, NOTARY PUBLIC 2002 February' 21, 2002 Mr. Blue Wallace TDC Coordinator Collier County Utility and Franchise Reg.. 3050 N. Horseshoe Drive #210 Naples, FL 34104 ,NRCO ISLAND FILM FESTIVAL $'" -~orida's Film .5h~.,wcase }:. f 1)ireclor~: Pa,, a Berry Darrell Bro~ a Nick Campo Maud Dailey Bill G/fiord Dale Gton Thom Ramscy Fred Shinn Mary Lee South :,like" ....... ~ '- Dan Wilkins Dear Mr. Wallace: Please find attached the blarco Island Fihn Festival Grant Applications for Collier County TDC funding for fiscal 3'ear 2001-2002. The Marco Island Fihn Festival requests $160,000 for our eight-day event scheduled for the third ;veek in October, 2002 from the 2001/2002 fiscal budget. I have attached the following: 1. Articles of Incorporation 2. IRS Determination Letter 3. Current Board of Directors 4. Financial statement 2000 (2001 is not completed) 5. 1,isting of 2001 commitment of sponsors 6. 2002 Budget 7. Insurance Policy 8. 2002 marketing impact report The continued support of Collier County Commissioners has been au integral pa.~. of the Festival's growth and success. t[onorarv Board: Craig Danan Film Producer Ben & Elke Gazzara Actor ~eleste Holm .Actor Iohn C. Herklotz lira Kreutzer Fi!m Producer 'qancy McKcon Actor >hilip McKeon Film Producer ¢ir Tim Rice Lyricist ~urt k. Satmdem State Senator If you require any additional infom~ation please contact me at 642-3378. Slay? ~i Cc: Kathy Pnaos. ['outbalance Collier Coun~ Joy Lelonek. United Aris Council MAY 2 8 2002 p~. ~) P.O. Box 2002 · Marco Island. Florida 34146 · Website:www.marcoislandfilmfest.com Phone: 941-642 FEST (3378) · FAX: 941-394-1736 E-mail:in fo~'fi:marcoislm~dfilm lest.corn MARCO ISLAND FILM FESTIVAL MARKETING PLAN - 2002 PUBLIC RELATIONS Public Relations Campaign includes the roi'owing: Print media placement and buys Press kits/Press Releases pre and post event Targeting National and Regional print media Media Invitations Interview Opportunities Public Service Announcements Bylined Articles Travel and Event Calendars Daily Newspapers National and Regional Magazines In-flight magazines PAID ADVERTISING $53,500 $40,000 Print Media Includes: Brochures Rack cards/envelope stuffers Post ---~- rr~nt~ Newsletters/maps National and Regional Magazines Regional and Statewide Newspapers Intemet Media INTERNET WEB-SITE DEVELOP/MANAGEMENT FILM INDUSTRY SPECIAL GUESTS Airfare, lodging, security, and ground transportation for film industry guests OFFICE EQUIPMENT Computer/Copy machine/Postage/Film Shipping FILM EQUPMENT RENTALS Film Projection equipment TOTAL $ 2,500 $50,000 $ 4,000 $10,000 February 21,2002 Mr. Blue Wallace TDC Coordinator Collier County Utility and Franchise Reg.. 3050 N. Horseshoe Drive #210 " 4 Naples, FL .~410' MARCO ISLAND FiLM £TIVAL h*rida'$ Film Sho,ccasc ~....,rd of Direcmr~: pa~ficia Bc~,' Da~e!l Nick Ciun~ CheD I Fcrrara Bitl GifGrd Dale Glen Them Ramsey Fred Shinn Mike Wcd~erbee Dan Wilkins }lonorar~ B.ard: Craig Danan Film producer Ben & Elke Gazzara Aclor Celeste Holm Actor John C. Hetklotz Jim K reutzer F~!m pr,~tucer Nancy McKeoa Actor Philip McKeon Film Producer Sir Tim Rice Lyricist Bun L. Saundc~ · ¢ Senator Dear Mr. Wallace: Please find attached the Marco Island Film Festival Grant Applications for Collier County TDC funding for fiscal year 2002-2003. The Marco Island Fihn Festival requests $160,000 for our eight-day event scheduled for the third week in OCtober, 2003 from the 2002/2003 fiscal budget. I have attached tn fo,ux,,,,~. 1. Articles of Incorporation 2. IRS Determination Letter 3. Current Board of Directors 4. Financial statement 2000 (2001 is not completed) 5. Listing of 2001 commitment of sponsors 6. 2003 Budget 7. Insurance Policy '~ ~ marketin,' impact report 8. ~00.~ ~ The continued support of Collier County Commissioners has been an integral part of thc Festival's growth and success. If you require any additional information please contact me at 642-3378. Sincerely, Cc: Kathy Prutos, To~r-i3-m/Alliance Joy Lelonek, United Arts Council Collier County MAY 2 8 2002 , -304-1736 " 6 ' P.O. Box 2002 ' Marco Island. Florida .~414 Phone: 941-642 FEST (3378) FAX: 94l \Vcbsit e:www.marcoislandfilmfcst'c°m E_mail:in fo(~marcoislandfilmfcst-c°m MARCO ISLAND FILM FESTIVAL MARKETING PLAN - 2003 PUBLIC RELATIONS Public Relations Campaign includes the following: Print media placement and buys Press kits/Press Releases pre and post event Targeting National and Regional print media Media Invitations Interview Opportunities Public Service Announcements Bylined Articles Travel and Event Calendars Daily Newspapers National and Regional Magazines In-flight magazines PAID ADVERTISING $53,500 $40,000 Print Media Includes: Brochures Rack cards/envelope stuffers D~'~V Post cards - =^~'^ Newsletters/maps National and Regional Magazines Regional and Statewide Newspapers Internet Media INTERNET WEB-SITE DEVELOP/MANAGEMENT FILM INDUSTRY SPECIAL GUESTS Airfare, lodging, security, and ground transportation for film industry guests $ OFFICE EQUIPMENT Computer/Copy machine/Postage/Film Shipping FILM EQUPMENT RENTALS Film Projection equipment $ 2,500 $50,000 4,000 $10,000 TOTAL 2002 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 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 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: 35:--/ ~~:~'~_.~ Date::,// ?w ~ Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: '~'-'~---'- Date: 7' r/, 2_ Ro~~~tilities Engineering~/4/~ ~o Director AP PR 0 VEDB Y: . Date: · ,--~''' Thomas G. Wides, Interim Public Utilities Administrator HAY 2 8 2002. PG. / OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Ron Hovell, Coastal Projects Manager lacqueline Hubbard Robinson, As. sistant County Attorney March 29, 2002 Goodland Canals - Use of Tourist Development Revenues The Goodland Civic Association has submitted a TDC grant application to cover engineering services for designing and permitting the dredging of the canals and the adjacent ~ater bodies in and around Goodland. It would appear on the navigation char~ 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 rite Gordon River empffes into Naples Bay). Please provide an opinion on TDC funding eligibility. The Coastal Advisory Committee , . tx has will be voting on recommendations on Aprzl 15 and 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 permits 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 fiver." 50 percent of the net revenues of the two percent tax and i00 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 confi~maration of the canals in question, they do not appear eligible for func[ing with Tourist Development Tax revenues. David C, Weigel, County Attorney Ramiro Mafialich, Cl"def Assistant County Attorney D. E. Wallace, Interim Tourist Development Cotmcil Aamirdstrator 2002 'O2 P. U. E. D. 14AR -~ ?R 3: EX i-{ I !!:IT A N'.'.me :',ad Address of Applicant O:-g, an izafion: · _Z.._~__S__ ........ g..__ .............................................................. MAY 2 8 200~ PG. ~ Collier County Tourist Development Council G rant A pp}ication Page 2. ,nc full amount request, ed c::nnot be awarded, can the program/project be restructured to ~ceommod:;te ,q smaller award? ? Yes ( ) No (.~) Identify the goatstCnd objectives fin' the project: } ~}. Describe wkat '.,:enefit.* will be received from tJ;e project: 13. Describe how financial resources will be monitored: ~_L?L, MAY 2 8 ~002 ,',, - County Tourist Dc~..,oam-n rant .&ppfication Fage 3 if' ncces~a :T: o Docs the pvol>'.~se'.! e×p,.,r, ditut'e further tb.c objectives outlined in the Mission S',atemen*? Yes ',:/ No Does the prop,.)scd expenditure fairk' distribute monies ,"a diiT'..rent \Viii the project decrease the local cost share of an overall beach either By decreasing the total project cost or restoration project, ' ' ' by; . .,..:,o the local/non-local ratio? Yes ~ ) No (~ Collier County Tourist Development Council Grant Application Page 4 Will the project improve understanding of alternative technologies Il:at ma.,.' contribute to a cost-effective beach res~Varation project? / Yes (') No ( -14/ Is there a potential fl~r an alterr, ative/matching funding source? -? Yes ( ) No (~ If . es ,please· identifT ts the project con.~;istent witii thc Collier Cou,',ty Growth 5~.,-~.o0,,~ .... -' Plan and/or s~anding B~ard oi'Countv Commission Yes ( No ( ) Has the project been rcviev,'ed and recommended by the Ben, ch Renourish~2nt/Maintenance Advisoq' Committee? [ aa-ye read ti:(: Beach Renourishment and Pass Guidelines and criteria and asr='e that . ~ o nay ~",,- :*'-" will" ,' ' ' witia alt ~uideiines and criteria. Roy ,:~mderson. P.E.. Director, Public Uti.li~_,¢_7_s Engineering Department Signature ~o f Organization's Chief OfliciaTr~e7 /~ *Director of Office of Capital Projects Management authorized to sign Category applications on bet'mlf of the Chairman of the Board of County Comnxissioners. Approved by Board of County Corranissioners on August 24, 1993· Agenda Item 16(H)(2). Director of Office of Capital Projects Managemem position was renanaed to Director of Public Works Engineering effective October 1998 ..... MAY 2 8 2002 PG. 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. SUBMITTED BY: REVIEWED BY: APPROVED BY: __ Ron Hovell, P.E., Coastal Projects Manager Roy B. Anderson, P.E., Public Utilities Engineering Director ~~/~~ Date: ~omas G. WidesTIntefim Public Utilities Administrator MAY 2 8 200 PG. t P. U. E. D. OFFICE OF THE COUNTYATTORNE APR 26 PH 3:q6 INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Ron Hovell, Coastal Projects Manager Jacqueline Hubbard Robinson, Assistant County Attorney ,x~kJ~'~ April 26, 2002 Barefoot Beach Club Dunes Restoration - Use of Tourist Development Revenues Query: The Barefoot Beach Club has submitted a TDC grant application for reimbursement of the costs to restore the adjacent dunes damaged from D'opical Storm Gabrielle. The restoration work is being completed in April 2002. Please lorovide an opinion on TDC funding eligibility. Relevant Facts: This office has been informed that the restorative work is to occur solely on private property to which there is no general public access. Relevant Collier County Code of Laws and Ordinances Section and Florida Statutory Provisions: Section 126-83(a) of the Collier County Code of Laws and Ordinances permits 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 xvhich 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. 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 authori...;d..." 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 Attorney Ramiro Ma~alich, Chief Assistant County Attorney D. E. "Bleu" Wallace, Interim Tourist Development Tax Administrator JackieFi'ourist/Barefoot Beach 41602 AG£ND~. N0.2 MAY 2 8 ZO0~ COASTAL ENGINEERING CONSULTANTS, INC. 3 ! 06 South Horseshoe Drive Naples, Florida 34104 (941) 643-2324' FAX (94I) 643-1143 FACSIMII,E MESSAGE COVER PAGE NAME James Coletta, Chairman COlVIPAaNY Collier County Board Of Cry Comm. ADDRESS 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 FAX# 774-3602 I Tel.# 774-8097 We are transmitting 3 page (s) including this cover page. FROM Michael T. Poff DATE May 13, 2002 CEC # 02.055 RE: Barefoot Beach Condominiums TDC Application If you do not receive all pages or have difficulty reading this document, please call us immediately. (941) 643-2324 PAGES DATE KEF. DESCRIPTION 2 5/10/02 Correspondence - Barefoot Beach Condominiums Dune Restoration Signed: C: Commissioner Tom Henning Commissioner Donna Fiala Commissioner Fred W. Coyle Commissioner James D. Carter, Ph.D. Ron Hovel1732-2526 Rick Bohsancurt 495-3121 Michael T. Poff, P.E. Vice President of Engineering Confidentiality Notice: This page and any accompanying documents contain confidential information intended for a specific individual and purpose. This telecopied information is private and protec~d by law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action based on the contents of this information, is strictly prohibited. AGENDA MAY 2 8 Z00Z COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY May 10, 2002 Jo.roes Coletta, Chairman Collier County Board of County Commissioners .3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Barefoot Beach Condominiums TDC Application CEC File No. 02.055 Dear Commissioner Coleua: On behalf of the B~¢foot Beach Condominiums (BBC), wc thank you for the opportunity you provided us to sha~e supplemental information in rcgazd to the BBC's TDC Application for Dune Kestoration that is scheduled on yom' agencY- for May 14. To summarize: · Lely Barefoot Beach has historically been a stable beach, c×periencing a very. low erosion rote, thus it ,~-~ not included in the County's initial Beach Project. · Tropical Storm Gabrielle devastated thc dunes along the BBC Property. · On their owen initiative, BBC applied for and obtained thc necessao' permits to conduct dune restoration. · BBC has no code violations with Collier County. · BBC is spending approximately $200,000 to restore the beach berm, primaz7 dune, and secondary dune along thei~ property. Oftkis amount, they m'e :equesting $$1,500 in reimbm'sement for truc 'king and placing sand on the berm and primary dune, and dune planting and irrigation of the primary dune. They are not rcquestin§ reimbursement for debris removal, secondary dune planting and irrigation, and dune walkovcr rcpai~. · Two public accesses exist on B~efoot Beach, both o[' which have parking available to the public. The north and south accesses are approximately 0.8 ~ud 0.5 miles fi.om the BBC property respectively. Collier County has historically supported projects where beach and dune restoration acti. vides were on private property (in terms of o~n¢~ship to thc Mean High Water Linc) and where public patkin~Jpublic access was not immediately adjacent to the activities. Two examples of TDC funded projects are provided to show the County's participation in beach management projects ~nd the precedent that has been set for similaz projects. Please note we a~e not discrediting them in any maxmer; we fully suppo~ these projects. 3106 $. Horse=ho'~ Drive, Nopl.ns, Floriaa 34 I04 · Pn,ane (94'i) ~.~%-2324 Fax (94 SEP.,/tNG FLORIDA SINCE ~977 AG£NDA NO. /~ . _ HAY 2 $ 200Z HRY-13-2002 HON 09:57 RH CORSTRL ENG]NEENJNG ~R~ Nu. ~q! uq~ llq~ r. u~/u~ Conunissioner Coleua May 10, 2002 Page Two COASTAL ENGINEERING CONSULTANTS, INC. Barefoot Beach Condominiums Dune Restoration Type: Beach and Dune Sand Placement all above MHW (private property) Access: Barefoot Beach Park North and South, 0.8 and 0.5 miles (County Park) Cost: $81,500 Park Shore Residents Beach Nourishment, 1997 Type: Beach and Dune Sand Placement all above MHW (private propertT) Access: Horizon Way, 0.5 miles Cost: $I25,000 South Naples Type: Cost: Beach T-Groins, 1999-2000 Coastal Structures and Sand Placement above and below MHW (state- ovmed/public and private property) 33rd Avenue South, 0.8 miles $700,000 It is our understanding that the BBC Application is on your consent agenda, Item 16.C.3, for denial. We further understand that the item may be deferred to the May 28 meeting. We respectfully request this item be moved to the regular agenda so that we ma5' present this supplemental information. Thank you for your attention and assistance. COASTAL Michael T. Vice Presid, ~N~NSULTANTS, INC. ?off, P.E. v~ !nt of Engineering Commissioner Tom Henning Commissioner Donna Fiala Commissioner Fred W. Coyle Commissioner James D. Carter, Ph.D. Ron Hovell Rick Bohanscun J: data/2002/O20 55/O205 5_enrnmix~ioncr. c/aC NO._ /5 MAY 2 8 2002 PG._, ~ COASTAL ENGINEERING CONSULTANTS, INC. 3106 South Horseshoe Drive Naples, Florida 34104 (941) 643-2324-FAX (941) 643-1143 LETTER OF TRANSMITTAL P. U. E. D. '02 ~IAY -9 .L,31 Mr. Ron Hovell, P.E. Coastal Projects Manager Collier County Utilities Engineering Dept. 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Date: CEC #: RE: May 9, 2002 02.055 Barefoot Beach We are transmitting herevdth: Courier QTY DATE REF. 1 1 DESCRIPTION Permits Code Enforcement Correspondence COMMENTS: C; Vice President of Engineering COLLIER COUNTY GOVERNMENT COM~fLrN1TY DEVELOPMENT AND ENVIRONs'MENTAL SERVICES DIVISION Code Enforcement Department 2800 North Horsesho~ Drive Naples, Florida 34104 May 3, 2002 Rick Bohsancurt, Manager Barefoot Beach Club Condominiums 259 Barefoot Beach Blvd. Bonita Springs, FL 34134 VIA FAX: (941) 495-3121 Dear Rick: Per your inquiry, at this time there are no open cod~ enforcement cases pertaining to environmental matters on the Barefoot Beach Club property. Wl',ile we have spoken in the past about the removal of exotic plants, the planting of a garden in the dune by one of your residents and chairs left on the beach overnight during sea turtle nesting season, your organization has shown cooperation by correcting any violations noted in an expeditious manner. Environmental Specialist Collier County Code Enforcement Dept. PHONE (941) 403-2440 FAX (941) 403-2345 www.col[:ergov.net MAY 2 8 2002 " ' 24 '0! 10:~6 .. P.0! FL DEPT~EN'J PF--:CJTECl F'sx'a'"'~--~'~-~'q~'a Se[: DEPT. OF F-NV[RONM=--'NTAt~ pRoTE. CTION SouTH OiC,'fP,.tdT, .P. O~ ~,ox 2549, FT. lk'¢YF-RS, F~ 32902-2549 'TELEPHONE NO.: (,941) 332.6975 FF/~NO.: (941) 332-6969 .' su~co~uo:v~s-s-~.~ · .. suNco~ No.: v,~.~,-'s · . 'i FAX. TP,~NSNIKt-TAL LE.'i'-['ER ' '0: 7'E,L.F. pHONE NO':: . _.~ " NOMBER OF PAGES tNCL.'UD~NG COVE. R SHEET: __--- ... IWA2~[E: ~BS AP.E lqOT CLEARLY B-~(-;~v ~"' NO._ /O _ S EPI9 Dep rtmen of E c E E o Environmental Protection Ie~ Bus~ 3~,0 Comrnonwr,~ Bot:Iev",,r~ l~c~ B..4~ruh~ · ENLERGENC%' ORDER FOR ACTI'VI~S ALONG THE OPEN CO.~gl' AND SEAWARD OF THE COASTAL CONSTKUCTION COhql{OL LINE ALONG S.%JFDY BEACItES V~RF_.~, ee l~l~da Depm'~m~r~ of 5:ivir~~ ~on, ~ ~;cncy o~the State Ends ~.h~t ff~e exists emer~ com!~o~ du~ to the impact of Tropical Sa.z'z. so~ Cka%ue, b~ C~llie~, ]q~s,tu., D'~wL St ;ohm% and Fla~r Court, e% thc Dep~u'u~e~ of.E~v~mmem~l Pr~on finds thc~ e~ncrg~a~'7 h~.t~ s~fery, we~m~ ~nd re.~i'~ of ~¢ te,~id~nt~ of file coA.v~ z~ne ~s wa ~ the ~n~l p~pulz~on of the State ofl=lofida. ~O~', _T'~.R~FOR~ BE IT OI~D~ the lh-~don, puzmam ~ ~ au:ho,iV of' cha~e~ 181, emerg~oy~d~ ~hodz~g th~ (a) ~ fo~o~ng ~i~ my ~ ~dm~ by lo~l gov~~ ~ ~7 not ~ ~or m ~e ~%L ~ sp~fi~gy ~o~ below, m~ d~ ~ ~ ~ ~smbic, ~ch ~m~Ie ~ ~ouM be s~d ~omt~ d~s ~ k~t ~ ~e. ~o 2. ~e r~r of~ fo~o~g public ~; u~, ro~s ~ ~ ~ ~:., ~. ~e ~11 ~t~ s~t not ~v~ ~y ~o~ or ~od~ d~ds. ~ ~ m~ e~ ~ uebds, ~o~ cl~y or e~ fot~ m~. ~o ~d ~y be ob~M ~om ~e bm0h or below ~ ~ to ~e ~d ~bHc prop~ o~ for the a~i6e~ ~ below. No~ 0f Mt~ ~ I:lo~da A~m;x~m~ve C0d~. RECEIVED or provided ~4a thc tc!~boa~ by ~l~g 85~7~75' ~s ~d~ doe¢ not below, n~ do~ ~ ~o~e beth ~a~ pe~o~ by ~s~ or ~ ~,afion ~~.s ~ i~%'~g repah~ to ~o~. J& ~PY o~ ~ch ~ ism~ s~l be pro~d~ uhe re.dug ~om ff, c ~¢~o~ recovcw of~¢ b~eh ~d d~e 4. ~ of ~,d to ~¢ ~ach du~ cy~m w~ ~ b~n d~osi~ ~o~ and ~c r~C~dCn of a ~~ ~ne sy~ ~ ~ch ~fibtc ~d ~Om m~y r~'~¢' a p~ ~ ~ D~eut ~d¢ ~on '161.053 of 0~ of B~ch¢~ ~6 Coast~ $y~e~ by m~i at ~u~ ~300, T~la~s~, Monde 32399-3~0 or by phone at 850~87~75. MAY 2 8 2002 c~ep 24 'F ~C ~'AX P. 04 F. 'Si SEP 1 9 20,31 O~ofBc~hes mad ~ Sy~,i:m~ AG£~O* ITF~ I.o. /D ~ I MAY 2 8 2002 COLLIER COUNTY COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIVISION ?L~'N~LNG SERVICES DEPARTME?~r ~R.R.ENT PLA.~,L~L~G SECTION COASTAL CONSTRUCTION SETBACK LINE PER,MIT CCSLP- 1550 This permit authorizes the owuer (or authorized agent) of the following parcel Barefoot Beach Club I, II, & III (Folio # 22900000007, 22900002005, & 22900005002) to l) Vlconstruct a dune walkover not to exceed six feet in width or 2) X to create, restore, re-vegetate or repair the du.ue or other area seaward of the CCSL on the above referenced properties, in accordance with the Florida Department of Environmental Protectiou's Emergency Order issued for Tropical Storm Gabrielle and the following conditions. GENERAL CONDITIONS: 1. This permit must be kept on site, and be available for inspection by County, State, and Federal officials. 2. The owner/agent shall obtain the required permits from the Florida Department of Environmental Protection, Division of Beaches and Shores prior to the start of any site alterations. SPECIFIC CONDITIONS: This permit is effective on' 10/18/2001; If it ~s necessary to use a vehicle on the beach for completion of the project, a Vekicle on the Beach Permit shall be obtained and the work shall be completed prior to Sea Turtle Nesting Season (May 1st through October 3 lst). 4. In conjunction with dune walkover permits, the owner/agent shall be required to re-vegetate the dune where the dune is devoid of coastal dune vegetation. (CCLDC 3.12.5.4.2) A revegetation plan shall be submi~ed to planning Services Dept. staff for review and approval prior to revegetating the beach dune area. 5. Protective barricades shall be in place prior to commencement and remain in place until construction iz complete~ (list type of barricade and locations): Specifically: Gopher tortoise burrows shall be staked on site prior to starting work pursuant to this permit, fencing and relocation may be required planning Services Dept. staff, after conducting a site visit. 6. All exotic vegetatSon shall be removed from the parcel prior to the completion of the permitted work. 7. Appropriate coastal dune or strand vegetation shall be required as the only stabilizing medium in any coastal barrier dune or strand vegetation restoration program. (CCLDC 3.12.5.4.4). 8. Authorized to retum sand to the beach dune system which was deposited upland by the storm. The nature, timing, and sequence of construction authorized by this permit should be conducted in such a manor as to provide protection to sea turtles, gopher tortoises and native salt resistant vegetation and plant communities: CUT, PdENT PLAN.'NING STAFF DATE Property Owner BAREFOOT BEACH HO1V[EOWNERS, INC. Authorized Agen,t BAI~FOOT BEACH CLUB Address 1044 CASTELLO DR Address 259 BAREFOOT BEACH BLVD. NAPLES, FL 34103 BONITA SPRINGS, FL 341134 Phone (941) 495-3311 Phone (941) 495-3311 CRick'Bohsan~c, rt) i have read and understand Collier County Land Development Code Division 3.13 and Division 3.12, and I agree to the conditions of this permit. O,~ner~Agent~, v DATE IR- / Z cc: Ed Morad, Collier County Code Enforcement Jenny Cowart, FDEP, P.O. Box 2549, Ft. Myers, Florida 33902 Maura Kraus, Colher County Natural Resources Department CCSL Perrmt file N0. IO ., MAY 2 8 200 PG. /3 COLLIER COUNTY COMblUNITY DEV. & ENVIRONMENTAL SVCS. DIVISION PLA~N.W~ING SERV'ICES DEPARTMENT CURR~NT PLA.N~'ING SECTION Certificate of Exemption for the Operation of Vehicles on Collier County Beaches VB - 1549B Pursuant to Collier County Land Development Code Division 3.14, as amended, this certificate authorizes the operation of vehicle(s) on Collier County Beaches. This authorization is subject to the general and specific conditions detailed below: General Conditions: 1. This certificate must be kept on site, and be available for inspection by County, State, and Federal officials. 2. This certificate does not obviate the need for other permits of County, State, and Federal jurisdictional agencies. 3. No beach or dune vegetation shall be affected by the vehicle or its associated uses except as authorized by the DEP's Emergency Order issued for Tropical Storm Gabrielle and CCSL permit #CCSLP-1550. 4. The vehicle shall not be operated on or across any dune except where necessary to return sand to the beach dune system as authorized by the DEP's Emergency Order issued for Tropical Storm Gabrielle and CCSLP permit ~CCSLP-1550. The nature, timing, and sequence of construction authorized by this permit should be conducted in such a manor as to provide protection to sea turtles, gopher tortoises and native salt resistant vegetation and plant communities. 5. Vehicles shall be equipped with large pneumatic th'es having a maximum ground-to-t/re pressure of 10 PSI as established by the Standard PSI Formula, except for the following vehicles. Vehicle L70D, Lg0D and 18 cubic yard dump trucks are authorized to haul beach compatible sand on the beach to restore the dune. The beach shall be tilled up to 36 inches deep upon completion of hauling fill on the beach, and Collier County Natural Resources Department notified so compaction monitoring can be performed (contact Maura Kraus, 732-2505). 6. If any changes of the conditions in the application or permit are anticipated, another application shall be submitted to Collier County Current Planning Section, and a new' permit shall be obtained prior to further vehicular beach activity. Specific Conditions: 7. T~s permit authorizes the operation of: D-3 LGP, L70D, L90D & 18 cubic yard dump trucks. 8. Hours of operation shall be: Day light hours. 9. Ingress and egress shall be via: Existing beach access where the dune has been washed away by Tropical Storm Gabrielle. 10. The operation shall be for the purpose of: returning sand to the beac~ dune system pursuant to DEP's Emergency Order issued for Tropical Storm Gabrielle and CCSLP permit #CCSLP-1550. 11. The area of operation shall be: beach dune system in Lely Barefoot Beach PUD. 12. Name, address, and phone of supervisor of operations: Rick Bohsancurt, 259 Barefoot Beach Blvd., Borfita Springs, Florida 34134, (941) 495-3311. 13. This permit is effective fi.om 10/18/2001 to 4/30/2002 inclusive. 2 8 2002 .G. VB-1549A I have read and understand Collier County Land Development Code, Division 3.14, as amended, and the conditions angl respoi~sibilities of this permit and agree to abide by said conditions. ?ermittee DATE - ' ' g aff DATE VB File Ed Morad, Code Enforcement Jermy Cowart, FDEP, P.O. Box 2549, Ft. Myers, Flor/da 33902 Maura Kraus, Collier County Natural Resources Department COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY ¢,,'ess,,e 'www coos,'c,e-,3,:,eer,ng =orr 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 may 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 Barefoot 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. Mr. Ron Hovell, P.E. April 4, 2002 Page Two ENGINEERING ,..ONSULTANTS. INC. DEP issued an Emergency Order follo~,Sng 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 parkin~public access. Please note these projects are provided as exampl--es 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 Recogrdzing that the Cornmi~ee and you have concerns about the Project, BBC respectfully submits 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 they may have. I will contact you shortly to discuss. Thank you for your attention and assistance. COASf~'~'G~'~i ~'~i\. xr'i~i CONSULTANTS, INC. Michael . Poff, P.E. Vice P~esident of Engineeri~g C: R. Bohsancurt J..data, 2002/02055/0205.~ _Ho~ll. doc 2 8 2002 Collier County Tourist Development Council GRANT APPLICATION BAREFOOT BEACH DUNE RESTORATION 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 EXHIBIT A e J 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 2002 Collier County Tourist Development Council Grant Application: Barefoot Beach Condominiums Page 2 '8. 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 d_arnaged 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 County conducts annual monitoring of the beaches including Barefoot Beach for both "shoreline and volumeu-ic 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 County's Barefoot Beach Park is located approximately 2200 feet south of the project area. public access points for the County's beaches This Park is one of the main N0. /0 _ HAY 2 8 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 representative, Rick Bohsancurt, in coordination with a project manager in the Public Utilities Engineering Department. 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 County 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) MAY 2 8 2002 PG. ~ ~ Collier County 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 ~vith the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) · Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? This application will be considered by the Coastal Advisory Committee at their next meeting. Their recommendation will be forwarded separately. I have read the Beach Renouriihment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. ~'"' ' -' ' ~" .... ' ' Desi--ee* ' '~ / ~ Signature oI urgamzauon s cmeI c~rnclal or gn ~/ Date: NO. AGT~)* ~E~ MAY 2 8 2002 ,. Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET BAREFOOT BEACH RESTORATION (FY 02) ACTIVITY Production, transport and placement o£ beach compatible sand including beach tilling Dune planting and irrigation AMOUNT $ 62,000.00 $ 19,500.00 TOTAL $ 81,500.00 MAY 2 8 200Z EXECUTIVE SUMMARY ADOPTION OF RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ACTING ,,iS E.\~- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION, THE BORRO}~/ING OF AN AMOUNT (S) NOT TO EXCEED $70,000,000 PURSUANT TO THE TERMS OF THE AGREEMENT IN ORDER TO FINANCE THE ACQUSITION AND CONSTRUCTION OF CERT.4IN IMPROVEMENTS TO THE UTILITY SYSTEM, AND AUTHORIZE THE EXECUTION OF A LETTER OF CREDIT COMMITMENT WITH FIRST UNION NATIONAL BANK OBJECTIVE: To have the Board of County Commissioners approve a Loan Agreement to provide interim financing for the acquisition and construction of certain improvements to the utility system. CONSIDERATIONS: On May 26, 1991 the Board of County Commissioners adopted Resolution 91- 270 authorizing participation in the Florida Local Government Finance Commission Pooled Commercial Paper Loan Program to finance the cost of certain capital improvements. This Resolution pledged legally available non ad-valorem revenues and was related to general government activities such as road construction. The Resolution being presented to the Board of County Commissioners today is related strictly to Board acting in its Ex-Officio capacity' as the Board of the Water Sewer District and will provide the interim financing to fund the project cost of various Utility System improvements. Legally available revenues of the Water Sewer District, primarily user fees, will secure this borrowing. As stated above, the proposed Loan Agreement is strictly for interim financing purposes. At the completion of each Utility System project, permanent financing· in the form of a long-texq~ bond issue will be completed, As the Public Utilities Department has identified numerous improvements, this arrangement xxiil allow ~he Board the flexibility of utilizing the original agreement for general government purposes and lin'~iting it:is agreement to Water Sewer District improvements. FISCAL I.'tlPACT: There is no fiscal impact related to this item. As each prOject is identified, a separate Executive Summary, highlighting the fiscal impact, will be presented to the Board. GROWTHMANAGEME.~'TI.~[PACT: The proposed interim financing of the \Vater and Sewer District's improvements will allow the County to continue to meet concurrency requirements. RECOMMENDATION: That the Board of County Commissioners acting in their capacity as Ex-Ofllcio Board of the Water Sewer District adopt this Resolution and related Letter of Credit Conm~itment to allow the Water and Sewer District to participate in the Florida Local Government Finance Con~nission Pooled Commercial Paper Loan Program for an amount not to exceed $70,000,000 to fund certain utility system improvements. Prepared By: Reviewed By: Reviewed By: Jal~s L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Michael Smykowski Director of the Oflice of Budget and Management Thomas G. Wides Interim Public Utilities Administrator Date: MAY 2 8 2002 EXPENDITURES: PROJECT ft 70054 70093 70150 701 54 70065 70076 70094 TBD 73131 73132 73154 73155 73948 73949 73950 TBD 73127 73943 74023 74O3O TBD TBD TBD PRELIMINARY FISCAL YEAR 2003 WATER AND WASTEWATER CAPITAL PROJECTS EXTERNAL FUNDING REQUIREMENTS pRQ~II~(~T NAME IMPACT FEES USER FEES WATER WATER & WASTEWATER WASTEWATER SCRWTP 8 MGD Reverse Osmosis Immokalee Road East 36" WTM Vanderbilt Bch Rd Parallel Water Main Northeast County Regional WT Plant NCRWTP, Chlorine Gas System Conversion Auto Meter Read System Installation NCRWTP Modification 2003 CCDOT Utility Relocates Immokalee Road East 16" Forcemain East Sewer Interconnect SCRWRF Injection Wells New NEWRF-Acquire Site NCWRF Deep Injection Wells (2) SCWRF Expansion 21001 NCRWRF Expand to 24.2 Land Acquisition for Bio Solids Study Sludge Stabilization Management 30' Immokalee Force Main Pelican Bay Fire/Irri. Reciaimeq Water ASR Sewer Line Rehabilitation Pump/Lift Station Rehabilitation CCDOT Utility Relocates $4,000,000 6,675,000 4,448,000 4,054,(X)0 5,136,500 5,337,000 4,125,000 3,675,000 9,000,000 4,320,000 4,332,800 3,510,000 TOTAL SUB TOTAL $4,000,000 6,675,0(X) 4,448,000 4,054,000 $2,114,600 2,114,6(X) 2,199,000 2,199,000 1,750,000 1,750,000 3,478,800 3,478,800 5,136,500 5,337,000 4,125,000 3,675,00O g,000,000 4,320,000 4,332,8OO 3,510,000 3,510,000 3,510,000 2,285,000 2,285,000 1,601,000 1,601,000 2,500,000 2,500,000 1,510,000 1,510,000 1,510,000 1,510,000 5,767,600 5,767,600 Other Projects * $58,613,300 $28,226,000 $86,839,300 14,200,000 15,200,000 29,400,000 REVENVES: TOTAL PROJECTS EXPENDITURE Impact Fees User Fees Allocable to Capital Projects $72,813,300 $43,426,000 $116,239,300 24,707,000 18,100,000 24,707,000 18,100,000 Loan Proceeds $48,106,300 $25,326,000 $73,432,300 Other Project~ include a number of projects that require expenditures of approximately $1.5 million or less. Expenditures exolude anticipated debt service payments and reserve requirements. Revenues exclude users fees required for operating costs, interest, carry forward and revenue reserves. exe sum loan $7000000 listing F, Y 2 8 2G32 j RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT (UTILITY) WITH THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION; AUTHORIZING THE BORROWING OF NOT TO EXCEED $70,000,000 PURSUANT TO THE TERMS OF THE LOAN AGREEMENT (UTILITY) IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS TO THE UTILITY SYSTEM; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING AND AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A CERTAIN PLEDGE OF DESIGNATED REVENUES AS PROVIDED IN THE LOAN AGREEMENT (UTILITY); AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part II, Chapter 153, Florida Statutes, Part I, Chapter 163, Florida Statutes, Chapter 78-489, Laws of Florida, Special Acts of 1978, as amended, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the Public Agenc,v pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05, 5.06 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of Collier County, Florida, acting as the ex-officio governing board of the Public Agency. "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Board and ex-officio Clerk of the Public Agency, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "Designated Revenues" means (1) Net Revenues as set forth in the Loan Agreement, (2) the proceeds of the Loans pending the application thereof, and (3) the proceeds of any obligations issued to refinance Loans made under the Loan Agreement. "Draw Date" has the meaning set forth in the Loan Agreement. "Loan" means the loan to be made by the Commission to the Public Agency from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan No. A-l-1 (Utility)" means the loan designated as "Loan No. A- 1-1 (Utili~')," the proceeds of which shall be used to finance Utility, Project A-I. "Loan Agreement" means the Loan Agreement (Utility), in substantially the form attached hereto as Exhibit B, between the Public Agency and the Commission, pursuant to which the Commission will loan a portion of the Series A Notes proceeds to the Public Agency, as the same may be amended and supplemented. "Loan Note" means a note of the Public Agency evidencing the obligations incurred under the Loan Agreement by the Public Agency on account of a borrowing of money made in regard to a Loan, which shall be in substantially the form provided in the Loan Agreement. 2 "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the Public Agency pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the Public Agency pursuant to the provisions of the Loan Agreement. "Net Revenues" shall have the meaning ascribed thereto in the Utility Resolution. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Public Agency" means the Collier County Water-Sewer District, a body corporate and politic and a duly constituted political subdivision of the State of Florida (the "State"). "Repayment Schedule" means the schedule of Loan Repayments as provided in Schedule 1 hereto, as the same may be amended or modified from time to time. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Senior Obligations" means (1) the Public Agency's Water and Sewer Revenue Bonds, Series 1992, Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A, Water and Sewer Refunding Revenue Bonds, Series 1994B, Water and Sewer Refunding Revenue Bonds, Series 1999A and Water and Sewer Refunding Revenue Bonds, Series 1999B; (2) any obligations issued on parity with any of the obligations described in clause (1) above; (3) any obligations issued to refund any of the obligations described in clause (1) or (2) above; and (4) any obligations issued on parity with the obligations described in clause (3) above. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. "System" shall have the meaning provided therefor in the Utility Resolution. "Utility Project A-I" means various utility capital improvements to be made to the System, all as more particularly set forth in the plans and specifications on file or to be on file with the County, as the same may be modified or amended from time to time. "Utility Resolution" means the Public Agency's Resolution No. CWS-85-5, adopted on July 30, 1985, as restated, amended and supplemented, and any successor instrument thereto. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, sl~all refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the Public Agency, desiring to finance or refinance the cost of acquiring, constructing and equipping capital improvements and to finance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the Public Agency. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the Public Agency such amounts as shall be authorized herein and in the Loan Agreement in order to enable the Public Agency to finance, reimburse or refinance the costs of acquisition, construction and equipping of various capital improvements, including Utility Project A-1, to the System, and the Public Agency desires to borrow such amounts from the Commission subject to the terms and conditions of the Loan Agreement. (D) There is presently a need by the Public Agency to finance the acquisition and construction of the Utility Project A- 1 and the most cost-effective means by which to finance the Utility Project A-1 is by use of moneys obtained pursuant to the Program by means of Loan No. A- 1-1 (UtiliW). (E) The Public Agency is authorized under and pursuant to the Act to enter into the Loan Agreement for the purposes set forth therein. (F) The Public Agency hereby determines that the provision of funds by the Commission to the Public Agency in the form of Loan No. A-l-1 (Utility) pursuant to the terms of the Loan Agreement and the financing of a portion of Utility Project A-1 will assist in the development and maintenance of the public welfare of the residents of the Public Agency, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A- 1-1 (Utility) shall be repaid solely from the Designated Revenues described herein and in the Loan Agreement. Such Designated Revenues shall include a pledge of and lien on the Net Revenues which shall be subordinate and junior in all respects to the pledge ora lien on such Net Revenues granted to the holders of the Senior Obligations. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (H) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-1-1 (Utility), the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the Public Agency to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385( 1 ), Florida Statutes, allowing the Public Agency to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the Public Agency to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION4. AUTHORIZATION OF LOAN AGREEMENT. In connection with Loan No. A-1-1 (Utility), the Public Agency hereby authorizes and directs the Chairman to execute, and the Clerk to attest under the seal of the Public Agency, the Loan Agreement, and to deliver the Loan Agreement to the Commission for its execution. All of the provisions of the Loan Agreement, when executed and delivered by the Public Agency as authorized herein and when duly authorized, executed and delivered by the Commission, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein, and the Loan Agreement shall be in substantially the form attached hereto as Exhibit A, with such changes, amendments, modifications, omissions and additions, including the date of such Loan Agreement, as may be approved by the Chairman. Execution of the Loan Agreement by the Chairman shall be deemed to be conclusive evidence of approval of such changes. SECTION 5. TERMS OF LOAN NO. A-l-1 (UTILITY). The Public Agency hereby approves Loan No. A-1-1 (Utility) in an aggregate amount of not to exceed $70,000,000 for the purposes of providing the Public Agency with sufficient funds to finance a portion of the costs of Utility Project A-1. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the Public Agency a Loan Note or Notes and other documents, instruments, agreements and certificates necessary or desirable to effectuate Loan No. A-l-1 (Utility) as provided in the Loan Agreement. The Loan Note or Notes shall reflect the terms of Loan No. A- 1-1 (Utility) and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Clerk shall make the Draw Request or Requests with respect to Loan No. A- 1-1 (Utility) in accordance with the Loan Agreement in such amount and at such time or times as shall be determined by the Clerk as appropriate to finance the Utility Project A-1 and is permitted by the Loan Agreement. The repayment of Loan No. A-I-1 (Utility) shall be made on such dates and in such amounts as shall be determined by the Clerk and set forth in the applicable Loan Notes. Loan No. A- 1-1 (Utility) shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The Public Agency further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit Fees for Loan No. A-l-1 (Utility) shall be 38 basis points or such other amount as may be agreed upon bet~veen the Public Agency and First Union National Bank. SECTION 6. AUTHORIZATION OF UTILITY PROJECT A-1. The Public Agency does hereby authorize the acquisition and construction of Utility Project A- I. SECTION 7. SECURITY FOR THE LOAN. The Public Agency's obligation to repay Loan No. A-l-1 (Utility) will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The pledge of and lien on the Net Revenues, which constitute a portion of the Designated Revenues, shall be subordinate and junior in all respects to the pledge of a lien on such Net Revenues granted to the holders of the Senior Obligations. The obligation of the Public Agency to repay Loan No. A-l-1 (Utility) shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 8. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the Public Agency are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the Public Agency or its Board is hereby authorized and directed to execute 6 and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 9. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 11. EFFECTIVE DATE. immediately upon its adoption. This Resolution shall take effect DULY ADOPTED this 28th day of May, 2002. COLLIER COUNTY WATER-SEWER DISTRICT (SEAL) ATTEST: Chairman, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Chairman of the Governing Board of the Collier County Water-Sewer District Clerk, Board of County Commissioners of Collier Count)', Florida and Ex-Officio Clerk of the Governing Board of the Collier County Water-Sewer District APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney 8 EXHIBIT A FORM OF LOAN AGREEMENT (UTILITY) LOAN AGREEMENT (UTILITY) BETWEEN FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION AND THE COLLIER COUNTY WATER-SEWER DISTRICT Dated as of ., 2002 FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION POOLED COMMERCIAL PAPER LOAN PROGRAM TABLE OF CONTENTS Page ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS ......................................... 3 ARTICLE II REPRESENTATIONS AND WARRANTIES OF PUBLIC AGENCY SECTION 2.01. REPRESENTATIONS AND WARRANTIES ................ 15 ARTICLE III LOAN TERM AND THE LOANS SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. COMMENCEMENT OF LOAN TERM .................... 18 TERMINATION OF LOAN TERM ........................ 18 THE LOANS .......................................... 18 NOTICE OF DRAW .................................... 20 SERIES C NOTES ..................................... 21 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. SECTION 4.02. SECTION 4.03. SECTION 4.04. COMMENCEMENT DATE SUBMISSIONS ................ 22 CONDITIONS PRECEDENT TO LOANS AND DRAWS ...... 22 LOAN SUBMISSIONS .................................. 23 DRAW SUBMISSIONS ................................. 24 ARTICLE V LOAN REPAYMENTS SECTION 5.01. SECTION 5.02. SECTION 5.03. SECTION 5.04. SECTION 5.05. PAYMENT OF LOAN REPAYMENTS .................... 25 CALCULATION OF LOAN RATE ........................ 27 LOAN REPAYMENTS ................................. 29 MAXIMUM LEGAL 1NTEREST RATE .................... 29 COSTS OF DRAWS .................................... 30 ARTICLE VI SECURITY FOR LOANS AND PUBLIC AGENCY COVENANTS SECTION 6.01. SECTION 6.02. SECTION 6.03. SECTION 6.04. SECTION 6.05. SECTION 6.06. STATUS OF LOAN OBLIGATIONS ...................... 31 SECURITY FOR LOAN REPAYMENTS. ' 31 PLEDGED REVENUES ................................. 31 RATES ............................................... 32 PAYMENT COVENANT ................................ 32 ADDITIONAL COVENANTS ............................ 32 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. SECTION 7.02. ASSIGNMENT BY COMMISSION ....................... 38 ASSIGNMENT BY PUBLIC AGENCY .................... 38 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.01. SECTION 8.02. SECTION 8.03. SECTION 8.04. SECTION 8.05. SECTION 8.06. EVENTS OF DEFAULT DEFINED ....................... 39 NOTICE OF DEFAULT ................................. 40 REMEDIES ON DEFAULT .............................. 40 ATTORNEY'S FEES AND OTHER EXPENSES ............. 41 APPLICATION OF MONEYS ............................ 41 NO REMEDY EXCLUSIVE; WAIVER. NOTICE ............ 41 ARTICLE IX EXCESS FUNDS SECTION 9.01. EXCESS FUNDS ...................................... 43 ARTICLE X MISCELLANEOUS SECTION 10.01. SECTION 10.02. SECTION 10.03. SECTION 10.04. SECTION 10.05. SECTION 10.06. NOTICES ............................................ 44 BINDING EFFECT ..................................... 45 SEVERABILITY ....................................... 45 AMENDMENTS, CHANGES AND MODIFICATIONS ....... 46 EXECUTION IN COUNTERPARTS ....................... 46 APPLICABLE LAW .................................... 46 ii SECTION SECTION SECTION SECTION SECTION SECTION SECTION 10.07. 10.08. 10.09. 10.10. 10.11. 10.12. 10.13. BENEFIT OF NOTEHOLDERS; COMPLIANCE WITH INDENTURE ........................................ 46 CONSENTS AND APPROVALS .......................... 46 IMMUNITY OF OFFICERS, EMPLOYEES AND MEMBERS OF COMMISSION .................................... 46 CAPTIONS ........................................... 46 NO PECUNIARY LIABILITY OF COMMISSION ........... 46 PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS .......................................... 47 RIGHT OF OTHERS TO PERFORM PUBLIC AGENCY'S COVENANTS ........................................ 47 EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT A B C D E F G H I J CERTIFICATE RE: CHANGE IN MAXIMUM LOAN AMOUNT ......................................... A- 1 FORM OF PUBLIC AGENCY COUNSEL'S OPINION ...... B-1 FORM OF PUBLIC AGENCY'S CERTIFICATE ........... C-1 PLEDGED REVENUES ............................... D- 1 COVENANTS ....................................... E- ! DRAW SCHEDULES ................................. F- ! FORM OF REPAYMENT SCHEDULE ................... G-1 CREDIT FACILITY CHARGE .......................... H-1 FORM OF NOTE ..................................... I-1 AGREEMENT RE: CONTINGENCY ACCOUNT .......... J-1 111 LOAN AGREEMENT (UTILITY) THIS LOAN AGREEMENT (UTILITY), dated as of ,2002, is entered into between the FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION (the "Commission"), a legal entity and a public body corporate and politic created pursuant to Part I of Chapter 163, Florida Statutes (the "Interlocal Act"), and the COLLIER COUNTY WATER-SEWER DISTRICT (the "Public Agency"), a body corporate and politic and a duly constituted political subdivision of the State of Florida (the "State"). WHEREAS, the Commission was created for the benefit of duly constituted counties, municipalities and other public agencies as described in the Interlocal Act (collectively, the "Public Agencies"), desiring to participate in a pooled commercial paper loan program in order to obtain the most cost effective, short-term financing for acquiring, constructing and equipping capital improvements and for other governmental needs; and WHEREAS, the Commission has determined that there is substantial need within the State for a pooled commercial paper loan program (the "Program") which will acquire loans made to Public Agencies in the State in order to provide funds to such Public Agencies to enable them to acquire~ construct and equip capital improvements and to finance other governmental needs; and WHEREAS, the Commission is authorized under the Interlocal Act to issue its obligations to acquire loans in order to provide funds for such purposes; and WHEREAS, the Commission has determined that the public interest will best be served and that the purposes of the Interlocal Act can be satisfied by the Commission's issuance of commercial paper notes in order to acquire loans in order to provide funds to loan to Public Agencies desiring to finance the cost of acquiring, constructing and equipping capital improvements and, to the extent permitted by the terms of this Loan Agreement, to finance other governmental needs; and WHEREAS, in furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes" (the "Notes"), pursuant to the terms of a certain Trust Indenture, dated as of April 12, 1991, between the Commission and the Trustee (as defined herein) (such Trust Indenture, as amended or supplemented, is referred to herein as the "Indenture"); and WHEREAS, such Notes may be issued under the Indenture as three separate Series and shall be further designated as "Series A (Governmental Issue)," "Series B (AMT Issue)" and "Series C (Taxable Issue)"; and WHEREAS, pursuant to the authority of the Interlocal Act, the Commission desires to loan, from time to time, to the Public Agency such amounts as shall be authorized herein in order to enable the Public Agency to finance various capital improvements and other governmental needs and to pay a pro rata share of the costs of issuing the aforementioned Notes, and the Public Agency desires to borrow various amounts from the Commission subject to the terms and conditions of and for the purposes set forth in this Loan Agreement; and WHEREAS, the Public Agency is authorized under and pursuant to Chapter 125, Florida Statutes, and the Interlocal Act to enter into this Loan Agreement for the purposes set forth herein; and WHEREAS, the Commission and the Public Agency have determined that the provision of funds by the Commission to the Public Agency pursuant to the terms of this Loan Agreement and the Indenture, will assist in the development and maintenance of the public welfare of the residents of the State and the areas served by the Public Agency, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: 2 ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS. Unless the context or use indicates another meaning or intent, the following words and terms as used in this Loan Agreement shall have the following meanings (or the meaning specified in the Section hereof or in the document herein referenced), and any other words and terms not otherwise defined herein which are defined in the Indenture shall have the meanings as therein defined. "Accountant" or "Accountants" means an independent certified public accountant or a firm of independent certified public accountants as to whom the Commission makes no reasonable objection. "Act" means, collectively, the Interlocal Act, Chapter 125, Florida Statutes, Part II, Chapter 153, Florida Statutes, Chapter 787-489, Laws of Florida, Special Acts of 1978, as amended, and all other applicable provisions of law. "Act of Bankruptcy" means a petition filed by or against the Public Agency seeking relief as a debtor under the federal bankruptcy laws or under any other similar applicable law or statute of the United States of Arnerica or of the State relating to bankruptcy or insolvency. "Actual Monthly Interest" means, with respect to all Loans of the Public Agency funded from Commercial Paper Notes of a Series, the sum of the Daily Loan Rate times the Daily Loan Balance for each actual day of the period with respect to which such calculation is made. Actual Monthly Interest shall be calculated for the entire period occurring before the first Interest Calculation Period as though such period were an Interest Calculation Period and shall be treated as an Interest Calculation Period for all purposes under the Indenture. "Additional Payments" means the payments required to be made by the Public Agency pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of this Loan Agreement. "Administration Agreement" means that certain Program Administration Agreement, dated as of April 12, 1991, between the Commission and the Administrator, as amended and supplemented from time to time. "Administrator" means the Florida Association of Counties, Inc., a Florida nonprofit corporation, or such other program administrator selected by the Commission and approved by the Bank in writing to administer the making, originating and administration of the Loans or any portion thereof and to act as the Commission's agent as set forth in the Administration Agreement. "Aggregate Monthly Investment Earnings" means the aggregate amount of eamings credited to the Interest Payment Account from the investment of the daily balances in the Revenue Account, the Principal Payment Account and the Interest Payment Account for each day of the actual number of days of the period with respect to which such calculation is made. "Aggregate Note Interest" means, with respect to a Series of Commercial Paper Notes, the aggregate amount of interest paid or accrued on all of the Commercial Paper Notes of such Series on the basis set forth in such Commercial Paper Notes during the period with respect to which such calculation is made. "Alternate Credit Facility" has the meaning given such term in the Indenture. "Annual Debt Service" shall have the meaning provided therefor in the Utili~ Resolution. "Arbitrage Certificate" means the Certificate as to Arbitrage and Certain Other Tax Matters of the Public Agency and any reaffirmations or renewals thereof or new Certificate as to Arbitrage and Certain Other Tax Matters, all as described in Section 6.06(j)(ii) hereof. "Authorized Officer" means, when used with respect to the Commission, the Chairman of the Board of Directors thereof and such other designated member, agent or representative as may hereafter be selected by Commission resolution, when used with respect to the Administrator, shall mean the person or persons designated by the Administration, and, when used with reference to a Public Agency, means the person or persons designated by the Public Agency in writing to the Administrator and the Commission and, when used with reference to an act or document, also means any other person authorized by resolution to perform such act or sign such document. "Bank" means Wachovia Bank, National Association, a national banking association, as issuer of the Letter of Credit, and any successor thereof, and any issuer or issuers of an Alternate Credit Facility with respect to the Commercial Paper Notes. "Bank Rate" means the Prime Rate during the first 60 days such Prime Rate is in effect, and, thereafter, the Prime Rate plus two percent (2%) per annum. 4 "Board" means the governing body of the Public Agency. "Bond Counsel" means Nabors, Giblin & Nickerson, P.A., Tampa, Florida, or any other nationally recognized bond counsel acceptable to the Commission and the Administrator. "Business Day" means any day excluding Saturday, Sunday, any other day on which banks in New York City or the cities in which the designated corporate trust office of the Trustee and the office of the Bank at which drawings may be presented under the Letter of Credit are located are authorized or required by law or other governmental action to close and any day on which the New York Stock Exchange is closed. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated or proposed thereunder. "Commencement Date" means ,2002, which is the date when the term of this Loan Agreement begins and the obligation of the Public Agency hereunder to make Loan Repayments, if any, commences. "Commercial Paper Notes" or "Notes" means any Outstanding Florida Local Government Finance Commission Commercial Paper Notes issued from time to time pursuant to the Indenture. The term "Commercial Paper Notes" shall include all Series of Commercial Paper Notes issued pursuant to the Indenture, unless the context indicates otherwise. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors in function thereto. "Commitment" shall have the meaning ascribed to such term in the Credit Agreement. "Cost" or "Costs," to the extent permitted by law, as the same relates to a Project, shall mean (1) the cost of physical construction, reconstruction or completion; (2) the cost of acquisition or purchase; (3) the cost of all labor, materials, machinery and equipment; (4) the cost of land and interests therein, property rights, easements and franchises of any nature whatsoever; (5) the cost of any indemnity and surety bonds and premiums for insurance during construction; (6) all interest due to be paid on account of this Loan Agreement and other obligations relating to such Project during the period of construction and for such period of time subsequent to completion of acquisition and construction as the Public Agency deems appropriate; (7) engineering, financial, legal and other consultant fees and expenses; (8) the cost of plans and specifications, construction plans, surveys and estimates of costs; (9) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any interim or temporary indebtedness incurred for any portion of such Project; (10) amounts required for reserve funds; (11 ) costs and expenses related to the Loan Agreement issuance of the Commercial Paper Notes or other indebtedness related to such Project, all financing charges, and any expenses related to any liquidity facility or credit facility; (12) Additional Payments; and (13) any other costs and expenses properly attributable to acquisition, construction or equipping of such Project, and such other expenses as may be necessary or incidental to this Loan Agreement and the issuance of the Commercial Paper Notes; and shall include reimbursement to the Public Agency or any other Person for any moneys advanced for any costs incurred by the Public Agency or such Person in connection with any such items of cost. "Cost of Operation and Maintenance" shall have the meaning provided therefor in the Utility Resolution. "Counsel" means an attorney or firm of attorneys duly admitted to practice law before the highest court of any state and, without limitation, may include legal counsel for the Commission, the Public Agency, the Trustee, the Dealer or the Bank. "County" means Collier County., Florida, a political subdivision of the State of Florida. "Credit Agreement" means that certain Reimbursement Agreement, dated as of February 3, 1994, between the Commission and the Bank, including any amendments and supplements thereto, and any agreement pursuant to which an Alternate Credit Facility. is issued. "Credit Calculation Period" means, with respect to the calculation of Monthly Investment Credits and Monthly Excess Credits, the period commencing on the day (whether or not a Business Day) next succeeding the last day of the previous Credit Calculation Period and ending on the day which is fifteen (15) days next preceding the first Business Day of the calendar month on which such credit is to be applied; provided, however, that the first Credit Calculation Period for any Loan shall be the period commencing on the date such Loan is made and ending on the day which is fifteen (15) days next preceding the first Business Day of the second succeeding calendar month, and, provided, further, however that no Credit Calculation Period shall commence before the first Interest Calculation Period. "Credit Facility" means the Letter of Credit issued by the Bank, or any Alternate Credit Facility. "Current Loans" means the Loans of the Public Agency funded from Commercial Paper Notes of a Series other than Non-Current Loans. "Current Portion" means that portion of the interest on Commercial Paper Notes to be transferred from the Revenue Account into the Interest Payment Account on the date with respect to which such calculation is made times a fraction: (1) the numerator of which is the principal amount of all Current Loans of the Series of Commercial Paper Notes with respect to which such calculation relates, and (2) the denominator of which is the sum of the Daily Loan Balances of all public agencies for loans funded from the proceeds of the Series of Commercial Paper Notes with respect to which such calculation relates. "Daily Investment Balance" means that portion of the amounts on deposit in the Revenue Account, Principal Payment Account and Interest Payment Account which are credited by the Trustee to each public agency in accordance with the provisions of Section 3.03(I) of the Indenture on the day with respect to which such calculation is made. "Daily Investment Credit Rate" means the quotient of: (1) the Aggregate Monthly Investment Earnings, divided by (2) the sum of Investment Days with respect to loans funded from all Series of Commercial Paper Notes for the period with respect to which such calculation is made. "Daily Loan Balance" means the principal balance of all Loans of the Public Agency funded from Commercial Paper Notes of a Series outstanding on the day with respect to which such calculation is made. "Daily Loan Rate" means, with respect to a Series of Commercial Paper Notes, the quotient of: (1) the Aggregate Note Interest, divided by (2) the Loan Days for the period with respect to which such calculation is made. "Dealer" means Morgan Stanley & Co. Incorporated, acting in its capacity as rate setting agent and dealer for the Commercial Paper Notes pursuant to the Dealer Agreement, or its successors and assigns or any other entity or entities designated by the Commission in writing. "Dealer Agreement" means that certain Dealer Agreement, dated as of April 12, 1991, between the Commission and the Dealer, and any and all modifications, alterations, amendments or supplements thereto, and any other Dealer Agreement entered into by the Commission and the Dealer with respect to the Commercial Paper Notes. 7 "Default" means any of the events specified in Section 8.01 hereof which with the passage of time or giving of notice or both would constitute an Event of Default hereunder. "Default Rate" means the Prime Rate plus two percent (2%) per annum, as in effect from time to time. "Designated Revenues" shall mean (1) Net Revenues in accordance with the terms of Section 6.02 hereof, (2) the proceeds of the Loans pending the application thereof, (3) the proceeds of any obligations issued to refinance Loans made hereunder, and (4) the Pledged Revenues, if any, which shall secure the Loan Repayments as provided in Section 6.03 hereof. "Draw" means the borrowing of money under this Loan Agreement in accordance with Article III hereof. "Draw Date" means, with respect to Loans financed with proceeds of the Commercial Paper Notes, the first Tuesday or Wednesday of March, June, September and December of each year as set forth in the schedule maintained by the Administrator, and such other dates as the Bank, the Public Agency and the Administrator shall, in their discretion, determine. If such Draw Date is not a Business Day the Draw Date shall be on the next succeeding Business Day. "Draw Request" means the request by the Public Agency to the Commission for a Draw under its Loan and the corresponding authentication and delivery of a Commercial Paper Note or Commercial Paper Notes of a particular Series. "Draw Schedule" means the schedule of Draws for a Loan approved by the Administrator pursuant to Section 4.02 hereof, as the same may be amended from time to time. All Draw Schedules, as amended, shall be described in a certificate substantially in the form of Exhibit F hereto or in a resolution adopted by the Public Agency approving the Loan relating thereto. "Estimated Monthly Interest" means, for each calendar month, (1) the Estimated Monthly Rate times the Daily Loan Balance of all Loans of the Public Agency funded from Commercial Paper Notes of a Series which will be outstanding on the first day (whether or not a Business Day) of the calendar month with respect to which such calculation is made, less (2) the sum of (a) the Monthly Investment Credit allocated to all loans funded from Commercial Paper Notes of such Series in the proportion that such Loans bear to the Loans of the Public Agency funded from Commercial Paper Notes of all Series, plus (b) the Monthly Excess Credit. Notwithstanding the foregoing, the Administrator shall calculate the Estimated Monthly Interest for any period occurring before the first Interest Calculation Period as it shall determine in its sole discretion, provided that the Public Agency is informed as to the basis for such calculation on or before the Loan to which such Estimated Monthly Interest relates is made and the entire period before such first Interest Calculation Period shall be treated for all purposes hereunder as an Interest Calculation Period. "Estimated Monthly Rate" means, for each calendar month, 110% of the sum of the Daily Loan Rates with respect to all Loans of the Public Agency funded from Commercial Paper Notes of a Series during an Interest Calculation Period. Notwithstanding the foregoing, the Administrator may, at any time and from time to time, recalculate the Estimated Monthly Rate in accordance with the requirements of Section 3.03(b) of the Indenture, and, in performing such recalculation, may, in its sole discretion, use a thirty (30) day period ending no later than the date of such recalculation and in no event earlier than the fifteenth (15th) da3' preceding the date of such recalculation, if the result of the use of such ending date is to increase the amount of interest to become due as the result of such recalculation. "Event of Default" has the meaning given such term in Section 8.01 of this Loan Agreement. "Expiration Date" means the scheduled date of expiration of the Credit Facility. "Federal Funds Effective Rate" means the daily effective federal funds rate published by the Federal Reserve Bank of New York, or, for any day on which such rate is not available, the daily effective federal funds rate published for the immediately preceding Business Day. "Fiscal Year" shall have the meaning provided therefor in the Utility Resolution. "Gross Revenues" shall have the meaning provided therefor in the Utility Resolution. "Holders" or "Noteholders" means the registered owners of the Outstanding Commercial Paper Notes. "Indenture" means that certain Indenture of Trust, dated as of April 12, 1991, between the Commission and the Trustee, as the same may be amended and supplemented from time to time. 9 "Interest Calculation Period" means, with respect to the calculation of Actual Monthly Interest, the period commencing on the day (whether or not a Business Day) next succeeding the last day of the previous Interest Calculation Period and ending on the day which is fifteen (15) days next preceding the first Business Day of the calendar month on which a transfer is to be made from the Revenue Account into the Interest Payment Account in accordance with Section 3.03(c) of the Indenture; provided, however, that the first Interest Calculation Period shall be the period commencing on the first fifteenth (15th) day of a calendar month which occurs after the date of initial issuance of Commercial Paper Notes hereunder and ending on the day which is fifteen (15) days next preceding the first Business Day of the second succeeding calendar month. "Interlocal Act" means Part I of Chapter 163, Florida Statutes. "Interlocal Agreement" means that certain Interlocal Agreement, dated as of February 19, 1991, among Brevard County, Florida, Collier County, Florida and Collier County, Florida, pursuant to which the Commission was created and the Pooled Commercial Paper Loan Program was authorized, as the same may be amended and supplemented from time to time. "Investment Days" means the sum of the daily balances in the Revenue Account, the Principal Payment Account and the Interest Payment Account for each day of the actual number of days of the period xvith respect to which such calculation is made. "Letter of Credit" means the irrevocable letter of credit issued by the Bank under the terms and conditions set forth in the Credit Agreement in order to secure the payment of principal of and interest on the Commercial Paper Notes. "Loan" means the loan or loans made, from time to time, by the Commission to the Public Agency pursuant to Section 3.03 hereof. Each loan shall be made to f'mance or refinance a Project or to finance Public Agency Expenses approved by the Administrator in accordance with Section 4.04 hereof. "Loan Agreement" means this Loan Agreement (Utility), as the same may be amended and supplemented from time to time. "Loan Amounts" means the amount of Loans Outstanding at any time of calculation. "Loan Days" means the sum of Daily Loan Balances for each day of the actual number of days of the period with respect to which such calculation is made. "Loan Note" means a note of the Public Agency evidencing the obligations incurred hereunder by the Public Agency on account ora Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I hereto. "Loan Rate" means the rate of interest the Loan shall bear, which' is described in Sections 5.01 (b) and 5.02 hereof. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan Amounts payable by the Public Agency pursuant to the provisions of this Loan Agreement and all other payments, including Additional Payments, payable by the Public Agency pursuant to the provisions of this Loan Agreement. "Loan Term" means the term of each Loan as provided in Sections 4.02 and 4.03 hereof. "Maximum Legal Rate" means, in the case of a Loan Note, the maximum rate of interest such Loan Note may bear under applicable law and, in the case of Commercial Paper Notes, the maximum rate of interest such Commercial Paper Notes may bear under applicable law. "Maximum Loan Amount" means the maximum amount of Loans which at any time is permitted to be outstanding hereunder as provided in, and subject to the terms and conditions of, Section 3.03 hereof. "Monthly Excess Credit" means, with respect to all Loans of the Public Agency funded from Commercial Paper Notes of a Series the difference (whether or not less than zero) between the Estimated Monthly Interest and the Actual Monthly Interest for the Interest Calculation Period immediately preceding the Interest Calculation Period with respect to which such credit is given. "Monthly Investment Credit" means, with respect to the Public Agency, the sum of the Daily Investment Credit Rates times the Daily Investment Balance for each day of the actual number of days of the Credit Period with respect to which such calculation is made. "Net Revenues" shall have the meaning provided therefor in the Utility Resolution. "Non-Current Loan" means all of the Loans of the Public Agency funded from Commercial Paper Notes of a Series, during any period the Public Agency is in default in the payment, when due, of the principal of or interest on any Loan of the Public Agency, whether by acceleration or otherwise. 11 "Outstanding," in the context of the Commercial Paper Notes, has the meaning given such term in the Indenture. "Outstanding," in the context of the Loans, means the aggregate Loan Amounts less any Loan Amounts for which moneys have been deposited with the Trustee for the repayment thereof. "Person" means an individual, a corporation, a partnership, an association, a trust or any other entity or organization including a government or political subdivision or an agency or instrumentality thereof. "Pledged Revenues" shall mean the revenues, if any, of the Public Agency designated as added security for the Loan Repayments pursuant to Section 6.03 hereof. "Pooled Commercial Paper Loan Program" or "Program" means the pooled commercial paper loan program of the Commission authorized by the Interlocal Agreement and a resolution of the Commission. "Prime Rate" means one hundred percent (100%) of the rate of interest established by the Bank from time to time as its prime lending rate for commercial loans in the United States (which rate is not necessarily the Bank's lowest rate of interest) during any period that interest shall accrue at such rate pursuant to the terms hereof and of the Credit Agreement. each change in such prime lending rate to become effective on the date such change is established by the Bank, such rate to be calculated on the basis of a 365 or 366-day year, actual number of days elapsed. "Program Termination Date" shall have the meaning given such term in the Indenture. "Project" or "Projects" shall refer to the development, acquisition, construction and equipping of certain improvements and public facilities relating to the Public Agency's System. The Project or Projects to be financed or refinanced by each Loan shall be described in the resolution or ordinance of the Public Agency authorizing such borrowing, as the same may be amended from time to time by the Board. "Proportionate Share" means, at any time of calculation, a fraction the numerator of which is the Outstanding unpaid principal balance of the Loan Amounts of the Public Agency under this Loan Agreement and the denominator of which is the sum of the Outstanding unpaid principal balance of all Loan Amounts of all Public Agencies under the loan agreements funded with the proceeds of the Commercial Paper Notes (whether such balances are unpaid because they are not then due or because they are past-due but in default). 12 "Public Agency" means the signatory to this Loan Agreement which is a duly constituted political subdivision of the State, which Public Agency is using the Loan proceeds to finance, refinance and/or reimburse the costs of development, acquisition, construction and equipping of Projects or the costs of Public Agency Expenses. "Public Agency Expenses" means, to the extent permitted by the terms of this Loan Agreement, expenses of the Public Agency which may include operating expenses or working capital of the Public Agency. Public Agency Expenses to be financed by a Loan shall be described in the resolution or ordinance of the Public Agency authorizing such borrowing, as the same may be amended from time to time by the Board. "Rates" shall mean the rates, fees, rentals and other charges imposed by the Public Agency for the use of the products, services and facilities of the System. "Repayment Schedule" means thc schedule of repayments approved by the Administrator pursuant to Section 4.02 hereof, as the same may be modified from time to time in accordance with the terms of this Agreement, including Sections 3.04(c) and 5.01 (c) hereof. "Retirable C/P" shall have the meaning ascribed to such term in the Credit Agreement. "Senior Obligations" means (1) the Public Agency's Water and Sewer Revenue Bonds, Series 1992, Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A, Water and Sewer Refunding Revenue Bonds, Series 1994B, Water and Sewer Refunding Revenue Bonds, Series 1999A and Water and Sewer Refunding Revenue Bonds, Series 1999B; (2) any obligations issued on parity with any of the obligations described in clause (1) above; (3) any obligations issued to refund any of the obligations described in clause (1) or (2) above; and (4) any obligations issued on parity with the obligations described in clause (3) above. "Series" means the Series A Notes, the Series B Notes and the Series C Notes and any other series of Commercial Paper Notes authorized to be issued pursuant to the Indenture. "Series A Notes" means the Outstanding Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue) issued pursuant to the Indenture. 13 "Series B Notes" means the Outstanding Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series B (AMT Issue) issued pursuant to the Indenture. "Series C Notes" means thc Outstanding Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series C (Taxable Issue) issued pursuant to the Indenture. "Special Assessment Proceeds" shall have the meaning provided therefor in the Utility Resolution. "State" means the State of Florida. "System" shall have the meaning provided therefor in the Utility Resolution. "System Development Fees" shall have the meaning provided therefor in the Utility Resolution. "Trustee" means SunTrust Bank, successor to First Union National Bank, acting in its capacity as Trustee under the Indenture, or any successor trustee or co-trustee. "Trust Estate" has the meaning given such term in the Indenture. "Utility Resolution" means the Public Agency's Resolution No. CWS-85-5, adopted on July 30, 1985, as restated, amended and supplemented, and any successor instrument thereto. "Written" or "in writing" shall mean any form of written communication or a communication by means of telex, facsimile transmission device, telegraph or cable. 14 ARTICLE II REPRESENTATIONS AND WARRANTIES OF PUBLIC AGENCY SECTION 2.01. REPRESENTATIONS AND WARRANTIES. The Public Agency represents and warrants for the benefit of the Commission, the Administrator, the Trustee, the Bank and the Holders as follows: (a) Organization and Authori _ty. The Public Agency is located in the State, is duly organized and validly existing as a body corporate and politic and a political subdivision of the State and has all requisite power and authority to carry out the transactions contemplated hereby. (b) Full Disclosure. There is no fact that the Public Agency has not specifically disclosed in writing to the Commission, the Administrator and the Bank, prior to the date of its execution hereof, that materially and adversely affects or, so far as the Public Agency can now foresee, that will materially adversely affect the financial condition of the Public Agency, the Designated Revenues or the ability of the Public Agency to perform its obligations under this Loan Agreement. To the best knowledge of the Public Agency, the financial statements, and any other written statement furnished by the Public Agency to the Commission, the Administrator and the Bank, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein or herein not misleading, and since the date of such financial statements there were no material adverse changes in the financial condition of the Public Agency. There is no fact known to the Public Agency which the Public Agency has not disclosed to the Commission, the Administrator and the Bank in writing which materially adversely affects the financial condition of the Public Agency. (c) Pending Litigation. Except as specifically described in writing by the Public Agency to the Commission, the Administrator and the Bank, there are no proceedings pending, or to the best knowledge of the Public Agency threatened, against or affecting the Public Agency, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially and adversely affect the financial condition of the Public Agency, the Designated Revenues or existence or powers or ability of the Public Agency to enter into and perform its obligations under this Loan Agreement. (d) Borrowing Legal and Authorized. The execution and delivery of this Loan Agreement and the Loan Notes, the consummation of the transactions provided for in this 15 Loan Agreement, the security for Loan Repayments provided for herein, and compliance by the Public Agency with the provisions of this Loan Agreement: (i) are within the powers of the Public Agency and have been duly and effectively authorized by all necessary action on the part of the Public Agency; (ii) do not require approval by referendum of the qualified electors of the Public Agency (except to the extent such referendum has been heretofore held and has approved the same); and (iii) do not and will not (A) conflict with or result in any breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Public Agency (other than the Pledged Revenues, if any) pursuant to any indenture, loan agreement or other agreement or instrument (other than this Loan Agreement) to which the Public Agency is a party or by which the Public Agency, its properties or operations may be bound, or (B) with the giving of notice or the passage of time or both, constitute a breach or default of any such loan agreement, indenture or other agreement or instrument or so result in the creation or imposition of any such lien, charge, or encumbrance (other than the Pledged Revenues, if any), or (C) result in any violation of the provisions of the Act, or any laws, ordinances, governmental rules or regulations or court orders to which the Public Agency, its properties or operations may be bound. (e) No Defaults. No event has occurred and no condition exists that constitutes an Event of Default, or which with the passage of time or giving of notice, or both, would constitute an Event of Default. (f) Governmental Consent. The Public Agency has obtained all permits, approvals and findings of non-reviewability required by any governmental body or otherwise for its participation in the Pooled Commercial Paper Loan Program. The Public Agency has complied with all applicable provisions of law requiring any notification, declaration, filing or registration with any court, agency or other govemmental body or officer in connection with its participation in the Pooled Commercial Paper Loan Program. The Public Agency's participation in the Pooled Commercial Paper Loan Program and the execution and delivery of this Loan Agreement is consistent with, and does not violate or conflict with, the terms of any such court, agency or other governmental consent, order or other action which is applicable thereto. 16 (g) Binding Obligation. This Loan Agreement is a legal, valid and binding obligation and agreement of the Public Agency, enforceable against the Public Agency in accordance with its terms except that the enforceability hereof may be limited by laws relating to the bankruptcy or insolvency of the Public Agency or other similar laws affecting creditors' rights generally or by general principles of equity. (h) Compliance with Act. All agreements and transactions provided for herein or contemplated hereby are in full compliance with the terms of the Act. (i) Certificates and Resolutions. All resolutions and certificates subsequently adopted or executed, as the case may be, by the Public Agency in connection with and pursuant to the provisions of this Loan Agreement shall be incorporated herein by reference. Any resolution subsequently adopted by the Public Agency authorizing the issuance of any Loan Note hereunder shall be deemed to be a contract between the Public Agency and the Commission with respect to such Loan Note. 17 ARTICLE III LOAN TERM AND THE LOANS SECTION 3.01. COMMENCEMENT OF LOAN TERM. The Public Agency's obligations under this Loan Agreement shall commence on the Commencement Date. SECTION 3.02. TERMINATION OF LOAN TERM. The Public Agency's obligations under this Loan Agreement shall terminate after (a) payment in full of all Loan Repayments, including Additional Payments and other payments due hereunder, and (b) the Public Agency shall provide notice to the Administrator, the Trustee, the Dealer and the Bank of its desire to terminate its obligations hereunder; provided, however, that all covenants and obligations hereunder specified to so survive shall survive the termination of this Loan Agreement and the payment in full of all amounts due hereunder. Upon termination of the Public Agency's obligations hereunder, the Commission, the Administrator, the Bank and the Trustee shall, upon request by the Public Agency, deliver, or cause to be delivered, to the Public Agency an acknowledgment thereof, subject to the proviso set forth in the preceding sentence. During such time as no Loans are Outstanding hereunder and all payments have been made hereunder, the covenants, agreements and representations made by the Public Agency shall not be binding, except as otherwise expressly provided herein. SECTION 3.03. THE LOANS. (a) The Commission hereby agrees to make Loans to the Public Agency from time to time, in accordance with the terms hereof, in an aggregate amount not to exceed $70,000,000; provided, however, such amount may be increased or decreased in accordance with the provisions hereof; provided, further, no Draws for a Loan shall be made after the Administrator determines that such Draw shall cause the aggregate principal amount of Commercial Paper Notes Outstanding and interest thereon to the stated maturity dates thereof to exceed the Commitment available under the Credit Facility. The Maximum Loan Amount shall be the aggregate amount of all Loans authorized by the Commission to be Outstanding hereunder at any one time, subject to the terms and conditions set forth herein. The Maximum Loan Amount may be decreased at any time upon written notice delivered by the Bank to the Public Agency and the Administrator that, in the Bank's judgment, it has determined that it would not then approve a Draw by such Public Agency for any reason, including, but not limited to, a material decline of the f'mancial condition of the Public Agency; provided, however, such decrease in the Maximum Loan Amount shall have no effect on the outstanding Loans made to the Public Agency. Loans shall be approved by the Administrator in accordance with the provisions of Section 4.02 hereof. Draws which have been approved by the Administrator pursuant to Section 4.02 hereof and by the Bank pursuant to Section 3.03(b) hereof and for which all documentation 18 I~iA' 2 ........ has been submitted pursuant to Sections 4.03 and 4.04 hereof may be made by the Public Agency upon notice pursuant to a Draw Request to the Administrator and the Bank as provided in Section 3.04 hereof. Draws shall be made only on a Draw Date. The proceeds of each Loan shall forthwith be used to finance, refinance or reimburse the Public Agency for the costs of development, acquisition, construction and equipping of the Project or Projects or for the costs of Public Agency Expenses, in each case as approved by the Administrator in accordance with Section 4.02 hereof. A Loan which shall be used to finance Public Agency Expenses shall be made only if the Administrator and the Bank are in possession of an opinion of Bond Counsel to the effect that utilization of such Loan for such purposes is permitted by the Act. The Loan Amounts shall be repaid in accordance with the provisions of Articles IV and V hereof. (b) The Maximum Loan Amount described in Section 3.03(a) hereof does not reflect a commitment by the Bank to approve an increase in the amount of the Commitment available under the Credit Facility which is a condition precedent to any Draw hereunder. The Maximum Loan Amount represents only a non-binding indication by the Bank of such Amount based, among other factors, on the Designated Revenues pledged by the Public Agency for the repayment of Loan Amounts. Each Draw which the Commission agrees to make to the Public Agency is subject to Bank review and an increase in the Commitment for the Credit Facility required in order to make the Draw may be rejected by the Bank in its sole discretion. The Public Agency shall have no recourse against the Bank in the event (i) the Bank rejects a request to increase the Commitment available under the Credit Facility or (ii) the Public Agency has received any notice from the Bank pursuant to Section 3.03(a) hereof of a decrease of the Maximum Loan Amount. (c) In order to obtain a commitment from the Bank to approve all the Draws to be made under a Loan or Loans to be made by the Commission pursuant to the terms hereof and increase the Commitment under the Credit Facility, the Public Agency may enter into an agreement with the Bank whereby the Bank will agree to such increase in the Commitment upon payment, or agreement for payment, of a commitment fee or fees. The amount of the commitment fee or fees and the terms of the commitment shall be mutually agreed upon by the Bank and the Public Agency. The Administrator shall receive a copy of any such agreement. The amount of such commitment fee or fees shall be reflected in a certificate substantially in the form of Exhibit H hereto. (d) The Public Agency may also enter into an arrangement with the Bank whereby the Bank extends to the Public Agency a line of credit. The terms of such line of credit shall be mutually agreed upon by the Bank and the Public Agency. 19 SECTION 3.04. NOTICE OF DRAW. (a) At least forty (40) days prior to a Draw Date on which the Public Agency desires to make the initial Draw on account of a Loan it shall submit to the Administrator for review and approval pursuant to Section 4.02 hereof(i) a description of the Project or Projects to be financed or refinanced by such Loan, (ii) the amount of the Loan, (iii) the Draw Schedule for such Loan, and (iv) the Repayment Schedule of the Loan. At or prior to the time of making the initial Draw for a Loan, the Public Agency shall also submit the documentation described in Section 4.03 hereof. (b) In the case of Draws which have been approved in accordance with the provisions of Section 4.02 hereof, the Public Agency shall give the Administrator, the Bank and the Dealer a Draw Request at least thirty (30) days prior to the Draw Date on which it wants to make such Draw. The Draw shall be made in accordance with the Draw Schedule approved pursuant to Section 4.02 hereof. Such Draw Request shall state (i) the amount of the Draw, (ii) the Draw Date, (iii) the purpose of the Draw, (iv) the Series of Commercial Paper Notes to be used to make the Draw, (v) the information required by Section 4.04(f) hereof and any other information required by the Bank, and (vi) the Repayment Schedule for the Draw (which shall be in compliance with the Repayment Schedule approved by the Administrator pursuant to S ecti on 4.02 h ereo 0, provi de d the Iast Loan Repayment appli cab I e to a Draw as contained in the Repayment Schedule shall not be later than the Program Termination Date in effect on the date of such Draw. (c) Loan Repayments shall be made in accordance with the Repayment Schedule approved pursuant to Section 4.02 hereof; provided, however, the Public Agency may repay all or a portion of a Loan upon at least forty-five (45) days written notice to the Administrator, the Dealer and the Bank, but only to the extent the Administrator determines that there will be sufficient Commercial Paper Notes coming due at such time of requested redemption so as to permit such redemption. The Repayment Schedule may be modified at any time upon written consent of the Administrator and if such extension is later than the originally scheduled repayment date or dates or ifa Default or Event of Default has occurred and is continuing, with the written consent of the Bank. In the event of a failure to remarker Commercial Paper Notes, the Repayment Schedule shall be deemed to be modified to conform to the schedule of repayments required pursuant to the terms of Section 3.01(a)(iv)(C) of the Credit Agreement. In the event a Repayment Schedule shall be extended to a date later than the originally scheduled repayment date or dates, the Letter of Credit charges for that portion of the Loan for which such Repayment Schedule was extended shall be the charges currently levied by the Bank at the time such extension occurred. Such charges shall be reflected in a certificate substantially in the form of Exhibit H hereto. Any changes to the Repayment Schedule, other than changes required by Section 3.01 (a)(iv)(C) of the Credit Agreement, shall be reflected in a certificate substantially in the form of Exhibit G hereto or in a resolution adopted by the Public Agency approving 20 the Loan relating thereto; provided, however, such changes shall take effect in accordance with the terms hereof and of the Credit Agreement. The Administrator shall give the Bank and the Trustee at least ten (10) days written notice of any changes to the Repayment Schedules that do not require the Bank's prior consent. The Public Agency may also defease a Loan in accordance with Section 6.03 hereof. (d) Draws on a Loan shall be made only to the extent such Draw shall not cause the aggregate principal amount of Commercial Paper Notes Outstanding and interest thereon to stated maturity to exceed the Commitment available under the Credit Facility. (e) A copy of all information relating to Draws submitted to the Administrator by the Public Agency pursuant to the terms hereof shall be sent by the Administrator to the Bank within five (5) Business Days of receipt thereof. SECTION 3.05. SERIES C NOTES. Loans made from the proceeds of Series C Notes need not be used to pay the Costs of acquisition, construction and equipping of a Project; provided investment earnings on such Loan Amounts shall be allocated to pay the Costs of a Project; and provided, further, the Administrator and the Bank shall consent to the use of the proceeds of such Loans. Loans made from the proceeds of Series C Notes may also be used to pay Public Agency Expenses and to finance Projects. 21 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. COMMENCEMENT DATE SUBMISSIONS. On or before the execution of this Loan Agreement, the Public Agency shall have caused to be delivered to the Administrator, the Bank and Bond Counsel the following items in form and substance acceptable to the Administrator, the Bank and Bond Counsel: (a) An opinion of the Public Agency's Counsel or Bond Counsel regarding the due authorization, validity and enforceability of this Loan Agreement and the due adoption of the resolution or ordinance of the Public Agency authorizing the execution and delivery of this Loan Agreement (enforceability may be subject to standard bankruptcy exceptions and the like); provided such opinion may be delivered at the time of the first Draw on the initial Loan; (b) A certified resolution or ordinance of the Public Agency, authorizing the execution and deliver)' of this Loan Agreement; (c) Approval of the Public Agency as a participant in the Pooled Commercial Paper Loan Program by the Bank and approval by the Bank of this Agreement and Designated Revenues; and (d) Such other certificates, opinions, documents and information as the Administrator, the Bank or Bond Counsel may reasonably require. SECTION 4.02. CONDITIONS PRECEDENT TO LOANS AND DRAWS. Each Loan made to a Public Agency pursuant to the terms hereof shall be subject to approval by the Administrator, in its sole discretion, of (a) the Project or Projects to be funded from the proceeds of the Loan, (b) the Loan Amount applicable to such Loan, (c) the Series of Commercial Paper Notes to be used to make the Loan, (d) the Draw Schedule, and (e) the Repayment Schedule of such Loan. The Draw Schedule and Repayment Schedule may be amended from time to time subject to the provisions of Sections 3.04(c) and 5.01 (b) and (c) hereof. The Repayment Schedule shall also be amended, by notice from the Administrator to the Public Agency and the Trustee, to the extent necessary to amortize the Loan in accordance with Section 3.01 of the Credit Agreement. Any revision in a Repayment Schedule shall be reflected in the Loan Note or Notes related thereto, other than a modification required by Section 3.04(c) hereof as a result of the failure to remarket Commercial Paper Notes. Approval by the Administrator shall be evidenced by the 22 certificate of an Authorized Officer thereof. Each Draw shall be subject to the provisions of Section 3.03(b) hereof relating to Bank approval of the increase in the Commitment available under the Credit Facility which is a condition precedent to each such Draw. SECTION 4.03. LOAN SUBMISSIONS. At or before the time of making the initial Draw for each Loan, the Public Agency shall provide to the Administrator, the Bank and Bond Counsel the following documents each dated the date such Draw is made: (a) A certified resolution or ordinance of the Public Agency, authorizing such Loan and authorizing the Project or Projects to be funded from proceeds of the Loan; (b) An opinion of the Public Agency's Counsel and/or Bond Counsel in form and substance acceptable to the Administrator to the effect provided substantially in the form of Exhibit B to this Loan Agreement; provided, however, that the Administrator may permit variances in such opinion from the form or substance of such Exhibit B, with the consent of the Bank for any material variances, if, in the judgment of the Administrator, such variance is not to the material detriment of the interests of the holders; (c) A certificate of the officials of the Public Agency who sign this Loan Agreement in form and substance to the effect substantially in the form of Exhibit C to this Loan Agreement; provided, however, that the Administrator may permit variances in such certificate from the form or substance of Exhibit C, with the consent of the Bank for any material variances, if, in the judgment of the Administrator, such variance is not to the material detriment of the interests of the holders; (d) This executed Loan Agreement; (e) Except in the case of a Loan from Series C Notes, an Arbitrage Certificate in form and substance satisfactory to Bond Counsel; (f) Approval of the Administrator required by Section 4.02 hereof; (g) The Repayment Schedule for the Draw, as approved pursuant to Section 4.02 hereof; and (h) Such other certificates, documents, opinions and information as the Administrator, the Bank or Bond Counsel may reasonably require. The aforementioned opinions, documents and certificates need not be submitted to the extent they have been previously submitted by the Public Agency, except as the same are 23 required by the Administrator or Bank to be updated. Provision of any of the above- described documents may be waived by the Administrator and the Bank. SECTION 4.04. DRAW SUBMISSIONS. At or prior to the time of making any Draw for a Loan the Public Agency shall submit to the Administrator, the Bank and Bond Counsel: (a) A copy of the Draw Request for such Draw; (b) If applicable, a copy of a completed and executed Form 8038-G relating to the Draw to be filed with the Internal Revenue Service; (c) A certificate of an Authorized Officer of the Public Agency to the effect that the representations and warranties contained in the Loan Agreement are true and correct as of the date of the Draw and that no Default exists at such date; (d) A copy of a certificate substantially in the form of Exhibit H hereto indicating the Credit Facility charge applicable to such Draw; (e) A Loan Note duly executed by the Public Agency reflecting the terms of the Draw, including the Repayment Schedule, in form and substance as provided in Exhibit I hereto; (f) A certificate of an Authorized Officer of the Public Agency setting forth whether there has been any material adverse change in the financial condition of the Public Agency since the date the last financial statements were filed with the Bank; (g) To the extent required by Section 6.060) hereof, a new or amended Arbitrage Certificate; and (h) Such other opinions, documents, certificates and information as the Administrator, the Bank or the Bond Counsel may reasonably require. Provision of any of the above-described documents may be waived by the Administrator and the Bank. 24 ARTICLE V LOAN REPAYMENTS SECTION 5.01. PAYMENT OF LOAN REPAYMENTS. (a) The Public Agency shall make all Loan Repayments in lawful money of the United States of America to the Trustee. All Loan Repayments shall be made by electronic or wire transfer or other method of immediate funds payment. The principal of each Loan shall be repaid in accordance with the Repayment Schedule relating thereto. The principal component of a Loan Repayment shall be paid on or before the date such amount is due, subject to the provisions of Section 3.04(c) hereof; provided the Public Agency pays the Trustee moneys which are available not later than such due date. Unpaid interest on the Outstanding principal balance of the Loan Amounts shall be payable to the Trustee, as follows: (i) On or before the twenty-fifth (25th) day of each calendar month, the Administrator will determine the Estimated Monthly Rate and Estimated Monthly Interest for the Loan Amounts of each Series of Commercial Paper from which such Loan Amounts are derived for the next succeeding calendar month. (ii) On or before the first Business Day of each month the Public Agency shall pay to the Trustee for deposit into the Revenue Account the Estimated Monthly Interest for such calendar month relating to each Series of Commercial Paper Notes. (iii) If, at any time and from time to time during a month, the Administrator determines that the amount on deposit in the Revenue Account will be insufficient to pay the Current Portion of interest due or to become due on Commercial Paper Notes in such month, the Administrator shall recalculate the Estimated Monthly Interest due from the Public Agency and require, on three (3) Business Days notice to the Public Agency, the Public Agency to pay to the Trustee, as a part of the interest component of the Loan Repayment due in such month, an amount equal to the difference, if any, between the Estimated Monthly Interest as previously calculated and the Estimated Monthly Interest as so recalculated. Notwithstanding the definition of Estimated Monthly Rate and in accordance with the provisions of Section 3.03(b) of the Indenture, the Administrator, in its sole discretion, may recalculate the Estimated Monthly Rate using a thirty (30) days period ending no later than the date of such recalculation and in no event earlier than the fifteenth (15th) day preceding the date of such recalculation, if the result of the use of such ending date is to increase the amount of interest to become due as the result of such recalculation. 25 (iv) On the twenty-fifth (25th) day of each month, the Administrator shall use its best efforts to inform the Public Agency by telephone, confirmed in writing sent the following Business Day, of the total amount (including Without limitation, Loan Repayments and Additional Payments) due on the fa'st Business Day of the next succeeding month. Such written notice shall state the amount of interest, Additional Payments, Monthly Investment Credits and Monthly Excess Credits to be received by the Public Agency. Such notice shall also state the amount of principal due, if any, · in the next succeeding month. A copy of such notice shall be provided to the Trustee. Upon full payment and discharge of the Loan, the Commission shall cause the Trustee to pay over to the Public Agency the Monthly Investment Credits and Monthly Excess Credits accrued during the calendar month in which the Loan is paid and discharged. (b) Notwithstanding the foregoing, if the Public Agency fails to make a Loan Repayment on the due date thereof and an unreimbursed draw is made on the Letter of Credit as a result of such delinquency, accrued but unpaid interest on the principal portion of the Loan Repayment shall be calculated at the Default Rate from the date of the draw on the Letter of Credit to the date of payment of all due and unpaid Loan Repayments. (c) The principal component of any Loan Repayments shall be due at such time and in such manner as provided in the Repayment Schedules, unless (i) the Loan Amounts are prepaid in accordance with the terms hereof, (ii) the Repayment Schedules are modified in accordance with the terms hereof, including, but not limited to Section 3.04(b) hereof, or (iii) the due dates of the Loan Repayments are accelerated pursuant to the terms of Section 8.03 hereof. (d) Commencing with the third Loan Repayment made by the Public Agency, the Public Agency shall also receive a credit against each Loan Repayment for investment earnings on moneys in the Revenue Account, the Principal Payment Account and Interest Payment Account accruing during the period commencing on the fifteenth (15th) day of the preceding month (or such earlier date as earnings began accruing) to the fifteenth (15th) day of the current month. The Public Agency shall receive a pro-rata share of such investment earnings based on the amount of money representing the interest component of Loan Repayments as described in Section 5.02(a) hereof made by each Public Agency participating in the Pooled Commercial Paper Loan Program. (e) Any Loan Repayment made by the Public Agency pursuant to this Section shall be delivered to the Trustee and shall be credited against the Public Agency's obligations under this Section on the date of deposit with the Trustee if such deposit is made prior to 1:00 p.m., New York City time, and if after 1:00 p.m., shall be so credited on the next succeeding 26 Business Day, provided that the principal component of any Loan Repayment that is made after the due date thereof, or upon the acceleration of the Loan, shall be deemed paid by the Public Agency, and, in the case of acceleration of the Loan, shall be subject to the provisions of Section 8.05 hereof. The Public Agency acknowledges that the Commission has agreed, phrsuant to Section 3.03(g) of the Indenture, that upon the occurrence and continuance of any default under Section 8.01(a) hereof, or, upon the acceleration of the Loan, all Loan Repayments are to be deposited by the Trustee in a special escrow account pursuant to such Section 3.03(g) and held as a part of the Trust Estate for the sole benefit of and as security for the Noteholders and the Bank, pending the application of such moneys to pay, or to reimburse the Bank (including interest on unreimbursed amounts at the applicable rate or rates as set forth in the Credit Agreement) for L/C Payments made by the Bank to pay, Commercial Paper Notes and the interest thereon at their maturity, or to reimburse the Bank (including interest on unreimbursed amounts at the applicable rate or rates as set forth in the Credit Agreement) for L/C Payments made by the Bank to pay the principal of and accrued interest (if any) on Retirable C/P, in accordance with Section 3.01(a)(iii) of the Credit Agreement; provided, that (i) any net earnings (or losses) derived from the investment of any portion of such moneys held in such special escrow account shall be credited to (or, in the case of losses, payable by) the Public Agency, and (ii) the Public Agency shall remain liable for its share of the amounts specified in subsections (a), (b), (c) and (d) of Section 5.02 hereof accruing during the period moneys are held by the Trustee in such special escrow account. The Public Agency agrees that it shall have no interest in or rights to such special escrow account, subject to clause (i) of the proviso in the preceding sentence. The provisions of this Section 5.01(e) shall survive the payment in full of the Loan Repayments. SECTION 5.02. CALCULATION OF LOAN RATE. Except as otherwise provided in Section 5.01 of this Loan Agreement, the Loan Rate shall equal the sum of subsections (a), (b), (c) and (d) minus (e) of this Section 5.02: (a) Interest on the Commercial Paper Notes. A rate which reflects the Actual Monthly Interest on the Loan (taking into account the respective Series of Commercial Paper Notes from which Loan Amounts are derived), payable in the amount of Estimated Monthly Interest, subject to Monthly Excess Credits and Monthly Investment Credits, as provided in Section 5.01 (a) hereof; provided, however, that interest on the principal portion of Loan Repayments shall be calculated at the Default Rate under the circumstances described in Section 5.01(b) hereof, and, provided further, however, the Public Agency recognizes that when Commercial Paper Notes become due for payment and Commercial Paper Notes cannot be sold by the Dealer to repay such maturing Commercial Paper Notes, such Commercial Paper Notes must be paid with funds provided by the Bank under the Credit Agreement, and the interest rate on Loans or portions thereof will be the Bank Rate in accordance with the terms of the Credit Agreement. 27 (b) Proportionate Expenses. A rate which reflects the Public Agency's Proportionate Share of the following items, fees and expenses to the extent that such items are not paid as provided in Sections 5.05 and 6.06(e) hereof: (i) the fees and expenses of the Administrator owed to it under the Administration Agreement; (ii) the fees and expenses of the Trustee owed to it under the Indenture; (iii) the expenses of the Commission, including legal and accounting fees; (iv) the rating fees of Moody's Investors Service and/or Standard & Poor's Corporation; (v) any loss on investments of the Trust Estate; and (vi) such other reasonable fees and expenses in connection with the Commercial Paper Notes or this Loan Agreement as the Commission may determine. Extraordinary expenses payable pursuant to this Section 5.02(b) shall be stated separately on the bill delivered by the Administrator to the Public Agency. (c) Letter of Credit Charges. A rate which reflects the Credit Facility charge or charges of the Bank owed to it under the Credit Agreement by the Public Agency, plus any commitment fees or other fees payable under Sections 3.03(c) and 3.03(d) hereofi The letter of credit fees component of such Credit Facility charge or charges shall be provided in a certificate substantially in the form of Exhibit H hereto or in a resolution adopted by the Public Agency approving the Loan relating thereto, as the same may be amended from time to time. In addition, the Public Agency shall be responsible for payment of a Proportionate Share of any other amounts owing the Bank under the Credit Agreement. (d) Proportionate Dealer Fees. A rate which reflects the Public Agency's Proportionate Share of the fees and expenses of the Dealer owed to it under the Dealer Agreement. (e) Credits. The Public Agency shall receive the credits described in Sections 5.01(a) and 5.01(d) hereof. Such credits shall be an offset against Loan Repayments as provided in the Indenture. 28 SECTION 5.03. LOAN REPAYMENTS. The obligation of the Public Agency to make Loan Repayments or payment of any other amounts required hereunder and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional in all events. Notwithstanding any dispute between the Public Agency and the Commission, the Trustee, the Bank, the Administrator or any Noteholder, the Public Agency shall pay Loan Repayments or any other amounts when due and shall not withhold any Loan Repayments or any other amounts payable hereunder pending final resolution of such dispute nor shall the Public Agency assert any right of setoff or counterclaim against its obligation to make such payments required under this Loan Agreement. The Public Agency's obligation to make payment of Loan Repayments or any other amounts due shall not be abated through accident or unforeseen circumstances. The Commission and the Public Agency agree that the Public Agency shall bear all risk of damage or destruction in whole or in part to the Projects or any part thereof, including without limitation any loss, complete or partial, or interruption in the use, occupancy or operation of such Projects, or any manner or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Projects or the compliance by the Public Agency with any of the terms of this Loan Agreement. Notwithstanding the foregoing, this Section shall not limit the rights of the Public Agency to recover amounts owing to it, except as specifically set forth herein. SECTION 5.04. MAXIMUM LEGAL INTEREST RATE. Notwithstanding the calculation of interest pursuant to Section 5.02 hereunder, the Commission and the Public Agency acknowledge that it is their intent to contract hereunder in strict compliance with the usury laws of the State. In furtherance thereof, the Commission and the Public Agency stipulate and agree that none of the terms and provisions contained herein or under any instruments held as security hereunder, shall ever be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate in excess of the Maximum Legal Rate. The Public Agency shall never be liable for interest on any Loan Note at a rate in excess of the Maximum Legal Rate applicable thereto. The provisions of this Section shall control over all other provisions of this Loan Agreement and any other instruments executed in connection herewith which may be in apparent conflict herewith. Ifa court of competent jurisdiction shall make a final determination that the performance of any provision of this Loan Agreement shall result in a payment of an amount for such use, forbearance or detention in excess of the Maximum Legal Rate, then (a) such provision shall be deemed to be appropriately modified to the extent necessary to reduce such interest to an amount not in excess of such Maximum Legal Rate, and (b) any such excess amounts theretofore received by the Commission or its assignees shall be deemed to have been a prepayment ora like principal amount of said Loan Notes, and all necessary reallocations of subsequent payments with respect to said Loan Notes shall be made. In addition, if the rate of interest payable under Section 5.02 hereof shall exceed the Maximum Legal Rate for any period for which interest is payable (i) interest at the Maximum Legal Rate shall be due and 29 payable with respect to such interest period, and (ii) to the extent permitted by applicable law, interest at the rate equal to the difference between (A) the rate of interest calculated in accordance with the terms hereof and (B) the Maximum Legal Rate (the "Excess Interest") shall be deferred until such date as the rate of interest, calculated in accordance herewith, ceases to exceed the Maximum Legal Rate, at which time the Public Agency shall pay the Commission such portion of the deferred Excess Interest as will cause the rate of interest then paid to the Commission to equal the Maximum Legal Rate, which pasxnents of deferred Excess Interest shall continue until all such deferred Excess Interest is fully paid to the Commission. SECTION 5.05. COSTS OF DRAWS. The Public Agency shall also pay the Administrator, the Bank and Bond Counsel, as the case may be, all reasonable fees and expenses associated with approving the Loans and Draws pursuant to Sections 4.02, 4.03 and 4.04 hereof. 3O ARTICLE Vl SECURITY FOR LOANS AND PUBLIC AGENCY COVENANTS SECTION 6.01. STATUS OF LOAN OBLIGATIONS. Anything in this Loan Agreement to the contrary notwithstanding, it is understood and agreed that the ad valorem taxing power and the full faith and credit of the Public Agency has not been pledged to secure the obligations of the Public Agency hereunder. Neither the Commission, the Bank, the Administrator, the Trustee nor the Holders of the Notes shall have any right to compel the exercise of any ad valorem taxing power of the Public Agency to pay the obligations owing hereunder. The obligations of the Public Agency under this Loan Agreement, including Loan Repayments and all other payments, shall be payable solely from Designated Revenues in accordance with the terms hereof. The provisions of this Section shall survive the termination and/or assignment of this Loan Agreement. SECTION 6.02. SECURITY FOR LOAN REPAYMENTS. The Public Agency's obligation to repay the Loan Repayments shall be secured by a pledge of and lien on the Designated Revenues; provided, however, the pledge of and lien upon the Net Revenues shall be junior and subordinate in all respects to the pledge of and lien upon such Net Revenues granted to the holders of the Senior Obligations pursuant to the Utilit)~ Resolution. The Pledged Revenues, which are part of the Designated Revenues, shall be pledged to the payment of the Loan Repayments in accordance with Section 6.03 hereof. SECTION 6.03. PLEDGED REVENUES. The Public Agency may, in its sole discretion, pledge certain of its non-ad valorem funds to the payment of the Loan Repayments. Such Pledged Revenues shall be described in a certificate substantially in the form of Exhibit D hereto or in a resolution adopted by the Public Agency approving the Loan relating thereto. The pledge of and lien on such Pledged Revenues shall commence and terminate at such times and in accordance with the provisions of such certificate or resolution. The Public Agency may provide for the termination and defeasance of the pledge of and lien on such Pledged Revenues in accordance with the terms of any such certificate or resolution. The terms and provisions of any such certificate or resolution shall be subject to the approval of the Administrator and the Bank. At or prior to the pledge of any Pledged Revenues, the Public Agency shall submit to the Administrator and the Bank (a) a certified copy of the resolution or ordinance of the Public Agency pledging such Pledged Revenues and (b) an opinion of Counsel to the Public Agency or Bond Counsel to the effect that the resolution or ordinance pledging such Pledged Revenues has been duly adopted and is enforceable in accordance with its terms (subject to standard bankruptcy exceptions and the like). 31 SECTION 6.04. RATES. The Public Agency shall fix, establish, maintain and collect such Rates and revise the same from time to time, whenever necessary, as will always provide in each Fiscal Year Net Revenues, together with System Development Fees and Special Assessment Proceeds, if any, adequate at all times to pay in each Fiscal Year at least 125% of the Annual Debt Service becoming due in such Fiscal Year on outstanding Senior Obligations and at least 125% of the annual debt service on the Loans in such Fiscal Year and at least 100% of any amounts required to be deposited in the Reserve Account established by the Utility Resolution. Such Rates shall not be so reduced so as to be insufficient to provide Net Revenues, System Development Fees and Special Assessment Proceeds at least equal to 100% of the current Annual Debt Service becoming due in such Fiscal Year on the outstanding Senior Obligations and the interest on the Loans becoming due in such Fiscal Year. For purposes of this covenant, Loans shall be assumed to bear interest at the higher of 7.00% per annum and the actual interest rate borne during the month immediately preceding the date of calculation. For purposes of calculating annual debt service on Loans under this Section 6.04, the Loans shall be amortized over 20 years at the interest rate described in this paragraph. SECTION 6.05. PAYMENT COVENANT. The Public Agency covenants that it shall duly and punctually pay from Designated Revenues the Loan Repayments and other amounts owing hereunder at the dates and place and in the manner provided herein. SECTION 6.06. ADDITIONAL COVENANTS. The Public Agency makes the following additional covenants and representations as of the date first above written and such covenants shall continue in full force and effect until all amounts due hereunder have been paid in full: (a) Books and Records. The Public Agency will keep books and records of the receipt of the Designated Revenues in accordance with generally accepted accounting principles, and the Administrator, the Bank and the Trustee shall have the right at all reasonable times to inspect the records, accounts and data of the Public Agency relating thereto. (b) Annual Audit and Other Information. The Public Agency shall (i) furnish or cause to be furnished to the Bank, as soon as available and in any event not less than forty- five (45) days after the beginning of each Fiscal Year, a copy of its budget and the budget of the County for such Fiscal Year, (ii) in accordance with applicable law, cause the financial statements of the Public Agency to be properly audited by an Accountant, and shall require such Accountant to complete their report on the annual financial statements in accordance 32 with applicable law, (iii) furnish the Public Agency's audited financial statements and the audited financial statements of the County to the Bank within 7 days of the legal deadline for completion thereof to the Bank, and (iv) furnish or cause to be furnished to the Bank and the Administrator, as soon as available and in any event not less than ten (10) days after the isguance thereof, a copy of any final official statement relating to debt of the Public Agency and the County. Such annual financial statements shall contain, but not be limited to, a balance sheet, a statement of revenues, expenditures and changes in fund balance, and any other statements as required by law or accounting convention. The annual financial statement shall be prepared in conformity with generally accepted accounting principles, and shall be furnished to the Bank as soon as available and in any event not less than seven (7) Business Days after the end of the applicable period required by law for the Public Agency to complete such financial statements. (c) Right of Inspection. The Commission, the Bank, the Trustee, and their designated agents shall have the right at all reasonable times during normal business hours to enter into and upon the property of the Public Agency for the purpose of inspecting books and records of the Public Agency relating to this Loan Agreement, the Designated Revenues and the transactions contemplated hereby and by the Indenture. (d) Information. The Public Agency's chief financial officer shall, at the reasonable request of the Trustee or the Bank, discuss the Public Agency's financial matters with the Bank and the Trustee. In addition, the Public Agency shall furnish the Administrator all necessary information relating to its financial condition to enable the Commission and the Administrator to make all disclosures to the Noteholders required by State or Federal law. The Public Agency shall immediately inform the Administrator of any material adverse change in its financial condition. (e) Agreement to Reimburse Certain Amounts. (i) To the extent allowed by law, the Public Agency will pay to, reimburse or indemnify the Commission, the Administrator, the Bank, the Trustee, each member, officer, commissioner, employee and agent of the Commission, the Administrator, the Bank, the Trustee and each other Person, if any, who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the Commission, the Administrator, the Bank and the Trustee for any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees), suits, claims andjudgrnents of whatsoever kind and nature, arising or resulting from, or in connection with, this Loan Agreement, the Credit Agreement or the Projects or the breach or violation of any agreement, covenant, representations or warranty of the 33 Public Agency set forth in this Loan Agreement or any document delivered pursuant hereto or in connection herewith. (ii) In addition, to the extent allowed by law, the Public Agency will reimburse all other Public Agencies participating in the Pooled Commercial Paper Program to the extent the Public Agency has committed any act or failed to commit an act and the result of such action or failure to act is that the cost of participating in the Pooled Commercial Paper Program of such Public Agencies is increased. Such reimbursement includes, without limitation, any increased costs incurred by other participating Public Agencies as a result of the Public Agency failing to make a Repayment or any other payment hereunder when due. (iii) The provisions of this Section 6.06(e) shall survive the termination of this Loan Agreement. (f) Further Assurance. The Public Agency shall execute and deliver to the Commission, the Administrator, the Bank or the Trustee, as the case may be, all such documents and instruments and do all such other acts and things as may be necessary or reasonably required by the Trustee, the Administrator, the Bank or the Commission to enable the Trustee, the Administrator, the Bank or the Commission to exercise and enforce its rights under this Loan Agreement, and to validate, preserve and protect the position of the Trustee, the Administrator, the Bank and the Commission under this Loan Agreement. (g) Use of the Projects. Except in the case of Projects funded from Loans financed by the proceeds of the Series C Notes, the Public Agency will not use the Projects or suffer or permit the Projects to be used in any manner or to any extent which would result in the loss of the exclusion of interest on the Commercial Paper Notes from gross income for federal income tax purposes pursuant to the Code. (h) Special Covenants. The Public Agency agrees to fully comply with all covenants provided in a certificate substantially in the form of Exhibit E hereto or in a resolution adopted by the Public Agency approving the Loan relating thereto, the terms of which are incorporated herein by reference. Such covenants may be established, terminated or modified at any time with the written consent of the Bank. (i) Compliance with Laws, etc. The Public Agency shall comply with 'the requirements of all applicable laws, the terms of all grants, rules, regulations and orders of any governmental authority, non-compliance with which would, singly or in the aggregate, materially adversely affect its business, properties, earnings, prospects or credit, unless the 34 same shall be contested by it in good faith and by appropriate proceedings which shall operate to stay the enforcement thereof. (j) Tax Exempt Status of Commercial Paper Notes. (i) The Commission and the Public Agency understand that it is the intention hereof that the interest on the Commercial Paper Notes, other than the Series C Notes, be excluded from the gross income of the Holders thereof for federal income tax purposes. In furtherance thereof, the Public Agency agrees that so long as any Loans are Outstanding under this Agreement it will take all action within its control which is necessary in order for the interest on the Commercial Paper Notes, other than the Series C Notes, to be excludable from gross income for purposes of federal income taxation (other than those Series B Notes held by a person who is deemed a "substantial user" of a Project or a "related person" to a "substantial user" of a Project within the meaning of Section 147(a) of the Code) and shall refrain from taking any action which results in such interest becoming so taxable. (ii) In order to maintain the exclusion from gross income for purposes of federal income taxation of interest on the Commercial Paper Notes, other than the Series C Notes, the Public Agency shall comply with each requirement of the Code applicable to the Loan Amounts. In furtherance of the covenant contained in the preceding sentence, the Public Agency shall execute an Arbitrage Certificate for each Loan (other than a Loan made from the Series C Notes) and shall comply with all the terms and conditions thereof. Such Arbitrage Certificate shall be deemed to be reexecuted and reaffirmed as of the date of each subsequent delivery of Series A Notes or Series B Notes, the proceeds of which are used to pay the principal of Series A Notes or Series B Notes, which financed or refinanced such Loan unless and until the Public Agency shall furnish the Administrator and Bond Counsel a new Arbitrage Certificate or a supplement or modification to the existing one. The Public Agency shall set forth in each of its Arbitrage Certificates its reasonable expectations on the date of delivery of such Arbitrage Certificate as to compliance with the relevant requirements of Section 103 and Sections 141 through 150 of the Code and as to the relevant facts, estimates and circumstances relating to the use of proceeds of a Loan, and any other matters deemed relevant by Bond Counsel. The facts, estimates and circumstances set forth in each such Arbitrage Certificate will be, to the best knowledge of an Authorized Officer of the Public Agency, true and correct as of the date thereof. The Public Agency shall inform Bond Counsel of any change in the facts, estimates and circumstances contained in any Arbitrage Certificate. 35 (iii) The Public Agency shall make any and all payments required to be made to the United States Department of the Treasury in connection with the Loan Amounts pursuant to Section 148(f) of the Code. (iv) So long as necessary in order to maintain the exclusion, if any, from gross income of interest on the Commercial Paper Notes for federal income tax purposes (other than those Series B Notes held by a person who is deemed a "substantial user" of a Project or a "related person" to a "substantial user" of a Project within the meaning of Section 147(a) of the Code), the covenants contained in this Section shall survive the payments of the Commercial Paper Notes and the interest thereon, including any payment or defeasance thereof. (v) The Public Agency shall not take or permit any action or fail to take any action so long as any Loans are Outstanding under this Agreement which would cause the Commercial Paper Notes, other than the Series C Notes, to be "arbitrage bonds" within the meaning of Section 148(a) of the Code. (vi) The Public Agency covenants to provide the Administrator with all material and information necessary to enable the Administrator to file all reports required under the Code. (k) Agreement Re: Contingency Account. The Public Agency agrees on the Commencement Date to execute the Agreement Re: Contingency Account substantially in the form attached hereto as Exhibit J. The Public Agency agrees to comply with the terms of the aforementioned Agreement and to make such amendments to the Agreement as shall be reasonably requested to ensure the prompt payment of the Loan Repayments. (1) Utility, Resolution Compliance. The Public Agency agrees to comply with the provisions of the Utility Resolution, regardless of whether any Senior Obligations are outstanding under the Utility Resolution. (m) Additional Indebtedness. No additional indebtedness (excluding Loans hereunder), payable on a parity or senior basis with the Loans then outstanding pursuant to this Loan Agreement, shall be issued unless the Public Agency certifies to the Bank and the Administrator that the aggregate amount of Designated Revenues for each of the preceding two Fiscal years equals at least 115% of the maximum annual debt service requirements on all outstanding Loans and other indebtedness of the Public Agency which is payable from the Designated Revenues and the proposed additional indebtedness. For purposes of this covenant, Loans shall be assumed to bear interest at the higher of 7.00% per annum and the actual interest rate borne during the month immediately preceding the date of calculation. 36 For purposes of calculating annual debt service on Loans under this Section 6.06(m), the Loans shall be amortized over 20 years at the interest rate described in this paragraph. The Public Agency may issue such additional indebtedness for any one or more of the following purposes: ( 1 ) financing the cost of lawful capital improvements, or the completion thereof, or (ii) refunding any or all indebtedness of the Public Agency. (n) Amendments to Utili _ty Resolution. The Public Agency agrees to not amend the Utility Resolution without the written consent of the Bank. (o) Flow of Funds. The Public Agency agrees to make Loan Repayments from Net Revenues which remain after the payments required in Sections 4.04(B)(1) through and including 4.04(B)(5) of the Utility Resolution. (p) Refimding Indebtedness. The Public Agency agrees to make its best efforts to issue indebtedness (other than Loan Notes hereunder) on or prior to the maturity date of the initial Loan Note issued hereunder, the proceeds of which indebtedness will be applied to the refunding of all Loans then outstanding. 37 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. ASSIGNMENT BY COMMISSION. This Loan Agreement and the obligations of the Public Agency to make payments hereunder may be assigned and reaSsigned by the Commission in whole or in part to one or more aSsignees or subassignees at any time subsequent to its execution without the necessity of obtaining the consent of the Public Agency. Any assignment by the Commission shall be subject to the prior written consent of the Bank, except in the case of an assignment to the Trustee. The Public Agency expressly acknowledges that this Loan Agreement and the obligations of the Public Agency to make payments hereunder (with the exception of the Commission's rights to reimbursement, indemnification, fees and expenses), have been pledged and assigned to the Trustee and the Bank under the Indenture as security for the holders of the Commercial Paper Notes and the Bank and that the Trustee shall be entitled to act hereunder in the place and stead of the Commission whether or not any of the Commercial Paper Notes or this Loan Agreement are in default. In addition, the Public Agency acknowledges that the Commission haS appointed an Administrator which shall be entitled to act hereunder in the place and stead of the Commission, but only to the extent of such appointment. SECTION7.02. ASSIGNMENT BY PUBLIC AGENCY. This Loan Agreement may not be assigned by the Public Agency for any reason without the express prior written consent of the Commission, the Administrator, the Bank and the Trustee, except in the case of an assignment to the Bank in accordance with Section 9.03 of the Credit Agreement. After receipt of notice of any such aSsignment of this Loan Agreement to the Bank, the Public Agency will make all payments required under Article V hereof directly to the Bank, in accordance with the terms hereof and of the Credit Agreement. 38 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.01. EVENTS OF DEFAULT DEFINED. The following shall be "Events of Default" under this Loan Agreement and the terms "Event of Default" shall mean (except where the context clearly indicates otherwise), whenever such term is used in this Loan Agreement, any one or more of the following events: (a) Failure by the Public Agency to timely pay any Loan Repayment (as calculated pursuant to Section 5.02 hereof) within three (3) days of the date on which such are due and payable; (b) Failure by the Public Agency to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Loan Agreement (including the covenants provided in a certificate substantially in the form of Exhibits D and E attached hereto or in a resolution adopted by the Public Agency approving the Loan relating thereto), other than as referred to in Section 8.01(a) or 8.02 hereof, for a period of thirty (30) days after written notice, except to the extent some other grace period shall be provided in Exhibits D or E in regard to a covenant, specifying such failure and requesting that it be remedied, is given to the Public Agency by the Commission, the Bank, the Administrator or the Trustee, unless the Commission, the Bank, the Administrator and the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice can be wholly cured within a period of time not materially detrimental to the rights of the Commission, the Noteholders, the Bank or the Trustee, as the case may be, but cannot be cured within the applicable 30-day period, the Commission, the Bank, the Administrator and the Trustee will not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Public Agency within the applicable period and diligently pursued until the failure is corrected; (c) Any warranty, representation or other statement by the Public Agency or by an officer or agent of the Public Agency contained in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement is false or misleading in any material adverse respect; (d) A petition is filed against the Public Agency under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, and an order for relief is entered or such petition is not dismissed within sixty (60) days of such filing; 39 (e) The Public Agency files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; (f) The Public Agency admits insolvency or bankruptcy or its inability to pay its debts as they become due or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Public Agency or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 60 days; or (g) Any debt of or assumed by the Public Agency relating to its System (i) is not paid when due nor within any applicable grace period in any agreement or instrument relating to such debt, (ii) becomes due and payable before its normal maturity by reason of a default or event of default, however, described, or (iii) becomes subject to a moratorium. SECTION 8.02. NOTICE OF DEFAULT. The Public Agency agrees to give the Trustee, the Bank, the Administrator and the Commission prompt written notice if any petition, assignment, appointment or possession referred to in Sections 8.01(d), 8.0 l(e) and 8.0 l(f) hereof is filed by or against the Public Agency or of the occurrence of any other event or condition which constitutes an Event of Default, or an event or condition which, with the passage of time or the giving of notice or both, would constitute an Event of Default, immediately upon becoming aware o f the existence thereof. SECTION 8.03. REMEDIES ON DEFAULT. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Commission, the Bank or the Trustee shall, in addition to any other remedies herein or by law provided, have the right, at its or their option without any further demand or notice, but subject to the right of the Bank to direct the enforcement of remedies pursuant to the Indenture, to (a) declare all Loan Repayments and all other amounts due hereunder (i) to be immediately due and payable without further notice or demand in the case of an Event of Default occurring under Sections 8.01(a), 8.01(d), 8.01(e) or 8.01(f) hereof, and (ii) to be due and payable without further notice or demand on a date which shall be no sooner than ninety (90) days of the date notice is given to the Public Agency in the case of an Event of Default occurring under Sections 8.01 (b), 8.01 (c) or 8.01 (g) hereof, or (b) take such steps and exercise such remedies as provided in Article V of the Indenture, and take whatever other action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce any other of its or their rights hereunder. 40 Whenever any Event of Default occurring under Sections 8.01 (a), 8.01 (d), 8.01 (e) or 8.01 (f) hereof shall have happened and be continuing, the Bank shall have the right to the appointment of a receiver or a trustee for the System and Gross Revenues which receiver or trustee shall be delegated the power to operate the System and to set Rates of the System so as to comply with Section 6.04 hereof; subject in all events to the rights of the Senior Obligations pursuant to the Utility Resolution. If the principal amount of any Loan is not repaid, when due, the Bank may, in its sole discretion, reschedule the payments of the principal and interest on the Outstanding Loans made hereunder in such a manner so as to satisfy the conditions provided in Section 6.02 of the Utility Resolution for the accession of the Outstanding Loan Notes to parity status with the Senior Obligations. At such time as such accession occurs, such Loan Notes shall be on parity with the Senior Obligations in accordance with the terms of the Utility Resolution. The Public Agency will, upon request of the Bank, take all action necessary to cause such Loan Notes to so ascent to senior lien status. SECTION 8.04. ATTORNEY'S FEES AND OTHER EXPENSES. The Public Agency shall on demand pay to the Commission, the Bank, the Administrator and the Trustee the reasonable fees and expenses of attorneys and other reasonable expenses incurred by any of them in collection of Loan Repayments or any other sums due hereunder or in the enforcement of performance of any other obligations of the Public Agency hereunder upon an Event of Default. The provisions of this Section shall survive the termination and/or assignment of this Loan Agreement and the payment in full of the Public Agency's obligations hereunder. SECTION 8.05. APPLICATION OF MONEYS. Any moneys collected by the Commission, the Bank, the Administrator or the Trustee pursuant to Section 8.03 hereof shall be subject to Section 5.01 (e) hereof and Section 3.03(g) of the Indenture and shall be applied (a) first, to pay any attorneys' fees or other expenses owed by the Public Agency to the Trustee pursuant to Section 8.04 hereof, (b) second, to pay any interest due on the Loan Amounts, (c) third, to pay principal due on the Loan Amounts, (d) fourth, to pay any other amounts due hereunder, (e) fifth, to pay interest and principal on the Loan Amounts and other amounts payable hereunder but which are not due, as they become due (in the same order, as to amounts which come due simultaneously, as in clauses (a) through (d) in this Section), and (f) sixth, to pay any attorneys' fees owed by the Public Agency to the Commission or the Administrator pursuant to Section 8.04 hereof, pro rata based on the amount of such expenses owed. SECTION 8.06. NO REMEDY EXCLUSIVE; WAIVER, NOTICE. No remedy herein conferred upon or reserved to the Commission, the Bank, the Administrator 41 or the Trustee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power accruing upon any Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Commission, the Bank, the Administrator or the Trustee to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice other than such notice as may be required this Article VIII. 42 ARTICLE IX EXCESS FUNDS SECTION 9.01. EXCESS FUNDS. Any amounts remaining in the Trust Estate after (a) full payment of the Commercial Paper Notes or provision for payment thereof so that no Commercial Paper Notes are deemed Outstanding under thc Indenture, (b) all amounts owed to the Bank under the Credit Agreement have been paid and the Letter of Credit terminated, and (c) all fees, charges and expenses required to be paid pursuant to the Indenture have been paid, shall, after being held for one hundred twenty-three (123) days after such full payment or provision shall have been made and no claim shall have been made thereon, be rebated by the Trustee to Public Agency in an amount certified by the Administrator as being equal to the amount remaining in the Trust Estate (as defined in the Indenture) multiplied by the result of(i) the dollar amount of interest (other than any interest representing that portion of an interest payment reflecting the Bank Rate) theretofore received by the Trustee hereunder, divided by (ii) the total dollar amount of all interest payments thcretofore received by the Trustee on all loan agreements outstanding under the Pooled Commercial Paper Loan Program (other than any interest representing that portion of an interest payment reflecting the Bank Rate). 43 ARTICLE X MISCELLANEOUS SECTION 10.01. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the fallowing addresses: Commission: Florida Local Government Finance Commission c/o Florida Association of Counties, Inc. 100 South Monroe Street Tallahassee, Florida 32301 Attention: Director of Commercial Paper Program Telephone: (850) 922-4300 Telecopy: (850) 488-7501 Public Agency: Collier County Water-Sewer District c/o Collier County, Florida 2671 Airport Road, 2nd Floor Naples, Florida 34112 Attention: Collier County Finance Director Telephone: (941) 774-8516 Telecopy: (941) 774-8828 Administrator: Florida Association of Counties, Inc. 100 South Monroe Street Tallahassee, Florida 32301 Attention: Director of Commercial Paper Program Telephone: (850) 922-4300 Telecopy: (850) 488-7501 Dealer: Morgan Stanley & Co. Incorporated 200 South Orange Avenue, Suite 1400 Orlando, Florida 32801 Attention: Coleman Cordell Telephone: (407) 422-2505 Telecopy: (407) 422-2507 44 Trustee: SunTrust Bank 225 East Robinson Street, Suite 250 Orlando, Florida 32801 Attention: Corporate Trust Division Telephone: (407) 237-4240 Telecopy: (407) 237-5299 Bank: Wachovia Bank, National Association 225 Water Street, 4th Floor Post Office Box 2080 (Zip 32231-0010) Jacksonville, Florida 32202 Attention: Beth Gordon Vice President Corporate Banking Telephone: (904) 361-3013 Telecopy: (904) 361-3526 Bond Counsel' Nabors, Giblin & Nickerson, P.A. 2502 Rocky Point Drive, Suite 1060 Tampa, Florida 33607 Telephone: (813) 281-2222 Telecopy: (813) 281-0129 Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication to the Bank via telecopier shall be confirmed by deliver3' of a hard copy thereof to the Bank not later than two (2) Business Days after such communication by telecopier. Notices to the Trustee shall be effective only upon the receipt thereof by the Trustee. SECTION 10.02. BINDING EFFECT. To the extent provided herein, this Loan Agreement shall be binding upon the Public Agency and the Commission and shall inure to the benefit of the Public Agency, the Commission, the Bank, the Administrator and the Trustee and their respective successors and assigns. SECTION 10.03. SEVERABILITY. In the event any provision of this Loan Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 45 SECTION 10.04. AMENDMENTS, CHANGES AND MODIFICATIONS. This Loan Agreement may be amended by the Commission and the Public Agency, with the prior written consent of the Bank, as provided in Section 8.05 of the Indenture. SECTION 10.05. EXECUTION IN COUNTERPARTS. This Loan Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 10.06. APPLICABLE LAW. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION 10.07. BENEFIT OF NOTEHOLDERS; COMPLIANCE WITH INDENTURE. This Loan Agreement is executed in part to induce the purchase of the Commercial Paper Notes. Accordingly, all covenants, agreements and representations on the part of the Public Agency and the Commission, as set forth in this Loan Agreement, are hereby declared to be for the benefit of the Holders, from time to time, of the Commercial Paper Notes and of the Bank. SECTION 10.08. CONSENTS AND APPROVALS. Whenever the written consent or approval of the Commission shall be required under the provisions of this Loan Agreement, such consent or approval may be given by an Authorized Officer of the Commission or such other additional person provided by rules, regulations or resolutions of the Commission. SECTION 10.09. IMMUNITY OF OFFICERS, EMPLOYEES AND MEMBERS OF COMMISSION. No recourse shall be had for any representation, obligation, covenant or agreement in this Loan Agreement against any past, present or future officer, member, employee, director or agent of the Commission, as such, and all such liability of any such officers, members, employees, directors or agents, as such, is hereby expressly waived and released as a condition of and consideration for the execution of this Loan Agreement. SECTION 10.10. CAPTIONS. The captions or headings in this Loan Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Loan Agreement. SECTION 10.11. NO PECUNIARY LIABILITY OF COMMISSION. No provision, covenant or agreement contained in this Loan Agreement on behalf of the Commission, or any obligation herein imposed upon the Commission, or the breach thereof, shall constitute an indebtedness or liability of the State or any political subdivision of the 46 State (excluding the participating public agencies t° the extent of their obligations under their respective loan agreements) or any public corporation or governmental agency existing under the laws thereof other than the Commission. In making the agreements, provisions and covenants set forth in this Loan Agreement, the Commission has not obligated itself except with respect to the Trust Estate. SECTION 10.12. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than a Business Day, then such payment or performance shall be made on thc succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 10.13. RIGHT OF OTHERS TO PERFORM PUBLIC AGENCY'S COVENANTS. If the Public Agency shall fail to make any payment or perform any act required to be performed hereunder, then and in each such case the Commission, the Bank, the Administrator or the Trustee or any of them, may (but shall not be obligated to) remedy such default for the account of the Public Agency and make advances for that purpose. No such performance or advance shall operate to release the Public Agency from any such default and any sums so advanced by the Commission or the Trustee shall bear interest at the Bank Rate from the date of the advance until repaid as provided herein. IN WITNESS WHEREOF, the Commission has caused this Loan Agreement to be executed in its corporate name with its corporate seal hereunto affixed and attested by its duly authorized officers as of the date first above written. (SEAL) FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION Attest: By: Chairman Secretary-Treasurer 47 IN WITNESS WHEREOF, the Public Agency has caused this Loan Agreement to be executed in its name with its seal hereunto affixed and attached by its duly authorized officers as of the date first above written. COLLIER COUNTY WATER-SEWER DISTRICT (SEAL) Chairman, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Chairman of the Governing Board of the Collier County Water-Sewer District Attest: Clerk, Board of County Commissioners of Collier County., Florida and Ex-Officio Clerk of the Governing Board of the Collier County Water-Sewer District 48 EXHIBIT A FORM OF CERTIFICATE RE: MAXIMUM LOAN AMOUNT (Date) hereby certifies that the Maximum Loan Amount under the Loan Agreement (Utility.), dated as of ,2002, between the Florida Local Govemment Finance Commission and Collier County Water-Sewer District, shall be [increased] [decreased] from $ to $ Authorized Officer A-1 EXHIBIT B OPINION OF PUBLIC AGENCY'S COUNSEL IN CONNECTION WITH LOAN [Letterhead of Counsel to Public Agency] [Date of the Draw] Florida Local Government Finance Commission Tampa, Florida Wachovia Bank, National Association Jacksonville, Florida SunTrust Bank Orlando, Florida Gentlemen: I am counsel to the Collier County Water-Sewer District (the "Public Agency"), and have been requested by the Public Agency to give this opinion in connection with a loan in the principal amount of $ (the "Loan") by the Florida Local Government Finance Commission (the "Commission") to the Public Agency on the date hereof of funds to finance, refinance or reimburse the cost of certain capital improvements (the "Project") pursuant to the terms and conditions of the Loan Agreement (Utility), dated as of , 2002 (the "Loan Agreement"), between the Commission and the Public Agency. In this connection, I have reviewed such records, certificates and other documents as I have considered necessary or appropriate for the purposes of this opinion, including Part I, Chapter 163, Florida Statutes, Chapter 125, Florida Statutes, and other applicable provision B-1 of law, the relevant reSolutions or ordinances adopted by the Board of County Commissioners of Collier County, Florida, as goveming board of the Public Agency, the Loan Agreement and the Trust Indenture, dated as of April 12, 1991 (the "Indenture"), between the Commission and SunTrust Bank, as successor to First Union National Bank, as Trustee. Based on such review and such investigation as I have deemed necessary and such other consideration of law and fact as I believe to be relevant, I am of the opinion that: 1. The Public Agency is a duly constituted body corporate and politic and a political subdivision of the State of Florida ("State"), validly existing and in good standing under the laws of the State, is not in violation of any provision of law material to the transactions contemplated by the Loan Agreement and the Loan, and has all requisite power and authority to execute and deliver the Loan Agreement and the Loan Note or Notes (as defined in the Loan Agreement) related to the Project, to enter into the Loan and to acquire, construct and equip the Project. 2. No approval, authorization, consent or other order of any governmental entity or of any court, public board or body (other than those already obtained), and no approving referendum of the qualified electors of the Public Agency, is legally required for the Public Agency to enter into and perform its obligations under the Loan Agreement and the Loan Note or Notes related to the Project. 3. The Public Agency has the requisite power to acquire, construct and equip the Project and to enter into the Loan Agreement and the Loan and has duly authorized the execution and delivery of the Loan Agreement and the Loan Note or Notes related to the Project and receipt of the Loan. The Public Agency is duly authorized to use the proceeds of the Loan to finance, refinance or reimburse the costs of acquiring, constructing and equipping the Project. 4. The Loan Agreement creates a valid pledge of and lien upon the Designated Revenues (as defined in the Loan Agreement); provided, however, the pledge of and lien upon the Net Revenues (as defined in the Loan Agreement) shall be junior and subordinate in all respects to the pledge of and lien upon the Net Revenues granted to the Senior Obligations (as defined in the Loan Agreement). 5. Neither the execution and delivery of the Loan Agreement, receipt of the Loan nor the consummation of the transactions contemplated thereby, nor the fulfillment of or compliance with the terms and conditions of the Loan Agreement conflicts with or results in a breach of any of the terms, conditions or provisions of the Constitution or laws of the. State (including any limit on indebtedness), or any restriction or any agreement, instrument B-2 or governmental or court order to which the Public Agency is now a party, or by xvhich it is bound or constitutes a default under any of the foregoing. 6. The Public Agency has obtained all permits and approvals required by any court, governmental body or officer for the execution and delivery of the Loan Agreement and the Loan Note or Notes related to the Project and receipt of the Loan; the Public Agency has complied with any applicable provisions of law requiring any notification, declaration, filing or registration with any court, governmental body or officer in connection with the execution, delivery and performance of the Loan Agreement, the Loan Note or Notes related to the Project and the Loan. 7. The Loan Agreement and the Loan Note or Notes related to the Project have been duly and validly authorized, executed and delivered, are in full force and effect, and each is a valid and legally binding obligation of the Public Agency, enforceable in accordance with its respective terms, except to the extent that the enforceability thereof may be limited by laws relating to the bankruptcy or insolvency of the Public Agency or other similar laws affecting creditors' rights generally or by general principles of equity. 8. To the best of my knowledge (based upon due inquiry and investigation), there is no litigation or legal or governmental action, proceeding, inquiry or investigation pending or threatened by judicial or governmental authorities to which the Public Agency is a party or any property of the Public Agency is subject, which, if determined adversely to the Public Agency, would individually or in the aggregate (a) materially and adversely affect the validity or the enforceability of the Loan Agreement, the Loan Note or Notes related to the Project or the Loan, (b) otherwise materially and adversely affect the ability of the Public Agency to comply with its obligations under the Loan Agreement or the Loan Note or Notes related to the Project, or (c) materially and adversely affect the acquisition, construction and equipping of the Project. 9. The Public Agency is subject to suit in a court of competent jurisdiction by the Trustee or the Commission for the failure to pay any amounts due and owing by the Public Agency under, or the failure to perform any obligation required by, the Loan Agreement and the Public Agency is not entitled to the defense of sovereign immunity or any other comparable defense in any such suit. 10. The Utility Resolution has been duly adopted and is valid and binding upon the Public Agency in accordance with the terms thereof, except to the extent that the enforceability thereof may be limited by laws relating to bankruptcy or insolvency of the Public Agency or other similar laws affecting creditors' rights generally or by general principles of equity. B-3 [Additional opinions regarding the Pledged Revenues, including the validity, enforceability and priority thereof as may be required by the Administrator, the Bank or tl~e Trustee.] All capitalized terms used in this opinion but not defined herein shall have the meanings ascribed to such terms in the Loan Agreement. Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel to the Commission, may rely upon this opinion, as if the same were addressed to such firm. Very truly yours, [COUNSEL TO THE PUBLIC AGENCY] B-4 EXHIBIT C FORM OF CERTIFICATE OF PUBLIC AGENCY IN CONNECTION WITH LOAN TO FINANCE PROJECT The undersigned, and of the Collier County Water-Sewer District ("Public Agency"), acting for and on behalf of the Public Agency, hereby certify as of the date hereof that the representations and warranties of the Public Agency set forth in the Loan Agreement (Utility), dated as of ,2002, between the Public Agency and the Florida Local Government Finance Commission (the "Loan Agreement"), are true and correct in all material respects on the date hereof; the Public Agency is in compliance with all terms, covenants and conditions of the Loan Agreement on the date hereof; no Event of Default (as defined in the Loan Agreement) or condition, event or act which with notice or lapse of time or both would become an Event of Default exists on the date hereof; and the computation of the interest rate on the Loan Note or Notes (as defined in the Loan Agreement) issued by the Public Agency on the date hereof is in compliance with the requirements provided in Section 215.84(3), Florida Statutes. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and affixed the official seal of the Public Agency duly attested as of this day of (SEAL) Attest: By: By: C-1 EXHIBIT D FORM OF CERTIFICATE FOR PLEDGED REVENUES ITo Comel Acknowledged and agreed to, this day of ,199_. FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION (SEAL) Title: Chairman Title: Secreta~'-Treasurer (SEAL) COLLIER COUNTY WATER-SEWER DISTRICT Chairman Clerk (SEAL) WACHOVIA BANK, NATIONAL ASSOCAITION Authorized Officer D-1 Authorized Officer D-2 EXHIBIT E FORM OF CERTIFICATE OF ADDITIONAL COVENANTS [Insert Covenants, including length of effectiveness and applicable grace period pursuant to Section 8.01(b) of Loan Agreement]. Acknowledged and agreed to, this __ (SEAL) day of FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION (SEAL) PUBLIC AGENCY (SEAL) BANK E-1 EXHIBIT F FORM OF DRAW SCHEDULES F-1 EXHIBIT G FORM OF REPAYMENT SCHEDULE The following shall constitute the Repayment Schedule for the Loan made by the Commission to the Public Agency on , - Date Principal [Execution of this Exhibit G shall only be required for amendments or modifications hereto. I Accepted and Approved: PUBLIC AGENCY By: Title: ADMINISTRATOR By: Authorized Officer G-1 EXHIBIT H FORM OF CREDIT FACILITY FEES The following shall constitute the letter of credit fees for the $ Loan made by the Commission to the Public Agency on , __ - ~ Basis Points The letter of credit fee applicable to each Draw shall be calculated pursuant to Section 2.02(a) of the Credit Agreement. Accepted and Approved: COLLIER COUNTY WATER-SEWER DISTRICT By: Chairman ADMINISTRATOR By: Authorized Officer BANK By: Authorized Officer H-1 EXHIBIT I UNITED STATES OF AMERICA STATE OF FLORIDA COLLIER COUNTY WATER-SEWER DISTRICT REVENUE NOTE, DRAW NO. (UTILITY) Principal Date Final Sum of Issuance Maturi _ty Date KNOW ALL MEN BY THESE PRESENTS, that Collier County Water-Sewer District (the "Public Agency"), for value received, hereby promises to pay, solely from the Designated Revenues described in the within-mentioned Loan Agreement, to the order of the Florida Local Government Finance Commission, Tallahassee, Florida or its successors or assigns (the "Noteholder"), the Principal Sum stated above advanced pursuant to that certain Loan Agreement by and between the Florida Local Government Finance Commission and the Public Agency, dated as of ,2002 (the "Loan Agreement"), and to pay interest on such Principal Sum from the Date of Issuance identified above or from the most recent date to which interest has been paid at the interest rate per annum identified in the Loan Agreement commencing on the Date of Issuance until such Principal Sum shall have been paid. The Principal Sum hereof shall be payable upon the Final Maturity Date or earlier repayment in accordance with the terms of the Loan Agreement and this Note. The Public Agency agrees to make all Loan Repayments in accordance with the terms of the Loan Agreement. Such Principal Sum and interest is payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts. [Insert Repayment Schedule.] This Note is issued under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 125, Florida Statutes, and other applicable provisions of law, a resolution duly adopted by the Public Agency on (the "Resolution"), as such resolution may be amended and supplemented from time to time, and is subject to all terms and conditions of the Resolution and the Loan Agreement. Any term used in this Note and not otherwise defined shall have the meaning ascribed to such term in the Loan Agreement. I-1 This Note is being issued to finance or refinance the costs of This Note is secured by and shall be payable from the Designated Revenues as described in the Loan Agreement. Notwithstanding any provision in this Note to the contrary, in no event shall the interest contracted for, charged or received in connection with this Note (including any other costs or considerations that constitute interest under the laws of the State of Florida which are contracted for, charged or received) exceed the maximum rate of interest allowed under the 'State of Florida as presently in effect. This Note, when delivered by the Public Agency pursuant to the terms of the Loan Agreement and the Resolution, shall not be or constitute an indebtedness of the Public Agency or of the State of Florida, within the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable solely from the Designated Revenues, as provided in the Loan Agreement and the Resolution. No Noteholder shall ever have the right to compel the exercise of the ad valorem taxing power of the Public Agency or the State, or taxation in any form of any property therein to pay the Note or the interest thereon, except to the extent otherwise specifically provided in the Loan Agreement. All terms and provisions of the Loan Agreement are hereby incorporated by reference herein. IN WITNESS WHEREOF, the Public Agency caused this Note to be signed by the manual signature of the Chairman of the Board of County Commissioners of Collier Coun~~, I-2 Florida, acting as the Ex-Officio Chairman of the governing board of the Public Agency (the "Board"), and the seal of the Board to be affixed hereto, and attested by the manual signature of the Clerk of the Board, and this Note to be dated the Date of Issuance set forth above. (SEAL) COLLIER COUNTY WATER-SEWER DISTRICT By: Chairman of the Board of County Commissioners of Collier County, Florida, acting as the Ex- Officio Governing Board of the Collier County Water-Sewer District ATTEST: Clerk of the Board of County Commissioners of Collier County, Florida, and Ex-Officio Clerk of the Governing Board of the Collier County Water-Sewer District I-3 EXHIBIT J FORM OF AGREEMENT RE: CONTINGENCY ACCOUNT THIS AGREEMENT, dated as of ., 2002, is entered into between COLLIER COUNTY WATER-SEWER DISTRICT (the "Public Agency"), a body corporate and politic and a duly constituted political subdivision of the State of Florida and SUN TRUST BANK, as Trustee. WHEREAS, the Florida Local Government Finance Commission (the "Commission") is a legal entity and a public corporate and politic formed pursuant to Part I, Chapter 163, Florida Statutes (the "Interlocal Act"), which Commission was created for the benefit of duly constituted counties, municipalities and other public agencies as described in the Interlocal Act, desiring to participate in a pooled commercial paper loan program in order to obtain the most cost effective, short-term financing for acquiring, constructing and equipping capital improvements and for other governmental needs; and WHEREAS, in furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" (the "Series A Notes"), pursuant to the terms of a certain Trust Indenture, dated as of April 12, 1991 (the "Indenture"), between the Commission and the Trustee; and WHEREAS, the Public Agency has entered into a Loan Agreement (Utility) with the Commission, dated as of ,2002 (the "Loan Agreement"), pursuant to which the Commission shall loan, from time to time, to the Public Agency certain proceeds of the Series A Notes to enable the Public Agency to finance various capital improvements and other governmental needs; and WHEREAS, the Public Agency has agreed to repay the above-described loans upon the terms specified in the Loan Agreement; and WHEREAS, such loan repayments shall be made monthly by the Public Agency to the Trustee; and WHEREAS, in order to ensure that adequate moneys shall be on deposit with the Trustee to meet the obligations of the Public Agency incurred under the Loan Agreement, J-1 the Commission shall require the Public Agency to establish a contingency account with the Irustee; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: SECTION 1. ESTABLISHMENT OF CONTINGENCY ACCOUNT. The Trustee agrees to establish and hold for the Public Agency an account entitled "Collier County (Utility) Commercial Paper Note Contingency Account" (the "Contingency Account"). The Public Agency agrees to maintain a balance in the Contingency Account at least equal to 175 basis points (1.75%) times the Loan Amounts outstanding under the Loan Agreement times one-twelfth (the "Contingency Account Requirement"). In the event moneys in the Contingency Account are less than the Contingency Account Requirement, the Trustee shall notify the Administrator of the amount of such deficiency, which, in turn, shall notify the Public Agency. The Public Agency agrees to cure such deficiency at the time its next monthly Loan Repayment becomes due in accordance with the terms of the Loan Agreement. Moneys in the Contingency Account in excess of the Contingency Account Requirement shall be used as a credit on the next Loan Repayment due or, if no Loan Repayment shall thereafter be due, such moneys shall be returned to the Public Agency. No later than the 20th day of each month, the Trustee shall notify the Administrator of the amounts in the Contingency Account on the 15th day of such month. SECTION 2. USE OF MONEYS IN CONTINGENCY ACCOUNT. The moneys in the Contingency Account shall be used solely for the purpose of making the Public Agency's Loan Repayments arising under the Loan Agreement when the other moneys received by the Trustee from the Public Agency are insufficient for such purpose. Moneys in the Contingency Account shall be transferred by the Trustee to the accounts established by the Indenture in such amounts as shall be owing in relation thereto by the Public Agency pursuant to the Loan Agreement. Any moneys received by the Trustee as Loan Repayments made by the Public Agency which are in excess of the amounts required to be paid by the Public Agency pursuant to the Loan Agreement shall be deposited by the Trustee into the Contingency Account. SECTION 3. INVESTMENTS. The moneys in the Contingency Account shall be invested by the Trustee at the written direction of the Administrator in the securities described in clause (1), (2), (6), (7) and (8) of the definition of Investment Obligations (as defined in the Indenture). All investment earnings shall be retained in the Contingency Account and be utilized in accordance with the terms of this Agreement, including such earnings being used as a credit toward the next Loan Repayment due. The Trustee shall not be liable for any loss incurred with respect to any purchase or sale. J-2 SECTION 4. ACCOUNT NOT PART OF TRUST ESTATE. Moneys in the Contingency Account shall not be part of the ]'mst Estate established pursuant to the Indenture. Moneys in the Contingency Account are not pledged to the payment of the principal of and interest on the Series A Notes. Moneys in the Contingency Account shall not be used to make the loan repayments of any other public agency participating in the Pooled Commercial Paper Loan Program. SECTION 5. REMEDIES. In the event the Public Agency violates any provision of this Agreement, the Irustee, the Commission and/or the Administrator may take any action and enforce any remedy as shall be provided by law. SECTION6. NOTICE. The Trustee shall immediately notify the Administrator of any violation of this Agreement by the Public Agency to which the Trustee becomes aware. SECTION 7. AMENDMENTS. This Agreement may be amended at any time by the parties hereto provided the Administrator has agreed in writing to such amendment. The Trustee agrees not to refuse to execute any amendment hereto which does not materially adversely affect it. SECTION 8. THIRD PARTY BENEFICIARIES. The Commission and the Administrator shall be third party beneficiaries to this Agreement. SECTION 9. TERMINATION. This Agreement shall terminate simultaneously with the termination of the Loan Agreement; provided, however, if the Commission and the Public Agency agree upon an earlier termination date, this Agreement shall terminate on such date. SECTION 10. DEFINITIONS. Unless the context or use indicates another meaning or intent, terms not otherwise defined herein shall have the meanings assigned thereto by the Loan Agreement. SECTION 11. APPLICABLE LAW. The laws of the State of Florida shall govern the construction of this Agreement. SECTION 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same Agreement. SECTION 13. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or J-3 [~) ~-~. mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: Public Agency: Collier County Water-Sewer District c/o Collier County, Florida 2671 Airport Road, 2nd Floor Naples, Florida 34112 AUention: Collier County Finance Director Telephone: (941) 774-8516 Telecopy: (941) 774-8828 Administrator: Florida Association of Counties, Inc. 100 South Monroe Street Tallahassee, Florida 32301 Attention: Director of Commercial Paper Program Telephone: (850) 922-4300 Telecopy: (850) 488-7501 Trustee: SunTrust Bank 225 East Robinson Street, Suite 250 Orlando, Florida 32801 Attention: Corporate Trust Division Telephone: (407) 237-4240 Telecopy: (407) 237-5299 Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Notices to the Trustee shall be effective only upon the receipt thereof by the Trustee. J-4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first written hereon. (SEAL) COLLIER COUNTY WATER-SEWER DISTRICT By: Chairman of the Board of County Commissioners of Collier County, Florida, acting as the Ex- Officio Governing Board of the Collier County Water-Sewer District ATTEST: Clerk of the Board of County Commissioners of Collier County., Florida and Ex-Officio Clerk of the Governing Board of the Collier County Water-Sewer District SUNTRUST BANK By: Authorized Officer ACCEPTED AND ACKNOWLEDGED AS OF THE DATE FIRST WRITTEN HEREON FLORIDA ASSOCIATION OF COUNTIES, INC. By: Authorized Officer J-5 First Union National Bank FL6005 Government Banking 1950 Hillsboro Boulevard 2nd Floor Deedield Beach, Florida 33442 954 596-6900 Mr. Jim Mitchell Finance Director Collier County 2671 Airport Road, 2nd Floor Naples, Florida 34112 Dear Mr. Mitchell: I am pleased to advise you that First Union National Bank (hereinafter referred to as "Bank") has approved the following credit facility with respect to the participation by Collier County in the Florida Local Government Finance Commission Pooled Commercial Paper Loan Program ("Program"). The Direct Pay Letter of Credit Commitment is being offered subject to the following terms and conditions: Facility: Direct Pay Letter of Credit Applicant / Issuer: Amount of Loan: Florida Local Government Finance Commission ("FLGFC') The aggregate amount of the loan shall be up to $70,000.000.00. Loan Purpose: Repayment Terms: Funds will be used to finance the acquisition and construction of certain capital improvements to the Utility System. Up to five years but not to exceed the FLGFC Pooled Commercial Paper Master Note - Series A Letter of Credit ("Global L/C') expiration. Beneficiary: First Union National Bank as Trustee under Indenture for FLGFC Pooled Commercial Paper Notes Series A. Facility Purpose: Collier County Utility Commitment Letter REVISED 4-02.doc Credit Enhancement/Liquidity for pooled commercial paper loan program. tO I Program Purpose: Letter of Credit Amount: Global L/C Term: Letter of Credit Fees: Reimbursement Agreement: Commercial Paper to fund loans by FLGFC to Participants to finance capital projects. Up to $76,213,698.63 which equals the aggregate principal amount of the commercial paper of $70,000,000 plus, an interest factor of 12% for 270 days. Expiration date of February 9, 2007. 38 basis points, per annum. This Commitment is subject to a Reimbursement Agreement, which requires FLGFC to reimburse Bank for Letter of Credit draws together with interest. Letter of Credit drawing resulting from Dealer's failure to remarker is payable in equal semi-annual payments to the earlier of the Letter of Credit Expiration Date, or the Loan Maturity date. Interest shall accrue at Prime for the first sixty days; Prime plus 2.0% thereafter. Letter of Credit commitment increase conditioned upon Bank approval of new loan for a specific participant. Loan Agreement: This Commitment is subject to a Loan Agreement outlining terms. and conditions of the loan from FLGFC to Collier County. Loan Agreement assigned to trustee and Bank who are empowered to act in place of FLGFC. Loan plus the interest factor cannot exceed Letter of Credit. Principal payments made to Trustee per approved repayment schedule. Interest payments monthly. Interest payments equal interest on commercial paper attributed to Collier County plus proportional expenses and Letter of Credit charges. Collier County shall secure the facility with the first net proceeds of the bond issue and by a lien on Pledged Funds (as defined in the Resolution pursuant to which the Water and Sewer Refunding Revenue Bonds, Series 1999A and Series 1999B Bonds were issued) junior to existing senior bonds. All covenants and provisions will mirror the existing bond documents. County shall furnish Bank with annual budget within 45 days after beginning of each fiscal years, audited financial statements on both the County and the County's Water & Sewer System within 7 days of legal deadline for completion thereof, and any final official Collier County Utility Commitment Letter REVISED 4-02.doc statement related to debt of Collier County within 10 days after issuance. Prior to closing, the County shall furnish to Bank a letter, certified by an independent certified public accountant, stating that the Collier County Water-Sewer District is in compliance with all existing senior bond document covenants and agreements and that the additional parity bonds comply with the additional bonds test. Events of Default: - Failure to pay any loan payment when due - Covenant violation - False warranty of representation - Voluntary or involuntary bankruptcy - Admitted insolvency - Non-payment or default under any debt We would like to express our appreciation for the opportunity you have given us to submit this commitment for financing. Please call me with any questions you may have. THIS COMMITMENT SHALL EXPIRE ON MAY 10, 2002 UNLESS ACCEPTED BY THE COUNTY, SIGNED AND RETURNED TO THE BANK PRIOR TO THAT DATE. Sincerely, Beth Gordon Vice President First Union National Bank Cc: Steve Miller, Nabors & Giblin Peter Dame, Rogers, Towers et. al. ACCEPTANCE Collier Count~', Florida By: Title: Date: Collier County Utility Commitment Letter REVISED 4-02.doc 3 EXECUTIVE SUMMARY. APPROVE THAT COLLIER COUNTY WILL ACCEPT APPOINTMENT AS A COURT APPOINTED RECEIVER OVER LEE CYPRESS WATER AND SEWER COOPERATIVE, APPROVE DESIGNATION OF BLEU WALLACE AS ADMINISTRATOR OF THE RECEIVERSHIP, AUTHORIZE FUNDING NOT TO EXCEED $30,000 FOR RECEIVERSHIP EXPENSES, ALL TO ASSIST THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO EFFECT AN INTERCONNECTION OF THE LEE CYPRESS COOPERATIVE'S SEWER SYSTEM WITH THE CITY OF EVERGLADES SEWER SYSTEM OBJECTIVE: That the Board agree to authorize Collier County to be a Court Appointed Receiver to facilitate an interconnection of the Lee Cypress Water and Sewer Cooperative's sewer system ("Lee Cypress") with the City of Everglades' wastewater system and decommission the Lee Cypress wastewater treatment plant, which is a threat to health, safety, and welfare of the citizens of Collier County. CONSIDERATIONS.'. Lee Cypress Water and Sewer Cooperative is a co-operative utility, owned and operated by the 50-60 customers it serves. Utilities which are co- operatives and/or non-profit are exempt from regulation by the Florida Public Service Commission or local regulatory jurisdictions, including the Collier County Water- Wastewater Authority. A hearing of this matter is scheduled before Circuit Judge Ted Brousseau at 9:00 A.M. on Tuesday, June 11, 2002. For a decade, Lee Cypress has been cited by the Florida Department of Environmental Protection (FDEP) for environmental and sewer plant operating permit violations. FDEP's numerous attempts to bring Lee Cypress into regulatory compliance have been unsuccessful. FDEP has arranged with the City of Naples and the City of Everglades to have those municipalities agree to partially finance the construction costs for an interconnect to the City of Everglades sewer plant, some six (6) miles to the South of Lee Cypress located near Copeland, along State Road 29. Lee Cypress has refused to cooperate with FDEP and the City of Everglades regarding this interconnection. FDEP has requested that Collier County assist in solving this health, safety and welfare problem by acting as the Court Appointed Receiver of Lee Cypress. Bleu Wallace, Director, CDES Operations and Executive Director of the Collier County Water and Wastewater Authority, has extensive utility receivership experience, and if the Board concurs, is anticipated as the individual who will administer the receivership on beha}7ofthe County. Pursuant to Ordinance No. 96-6 (Utility Regulation Ordinance), as amended, fi.~nds fi'om the Utility Regulation Trust Fund (Fund 669) may be expended for the operation of a utility if the County is the appointed receiver of the subject ut :'" 'r~,~ ""' 'A'P.~NOA ITEM court order appointing Collier County as receiver will provide necessary legal a, :ess to , .; ~ ^ MAY 2 8 2002 Pg. ! __ the plant and facilities for completion of the interconnect and will grant to the receiver adequate power and authority to accomplish the assigned tasks. It is not known to what extent funds for administration of the receivership will be required. Staff anticipates that funding will not exceed $30,000. FISCAL IMPACT_: Funds in the amount of $1,052,400 are available in the Utility Regulation Trust Fund Reserves (Fund 669). Staff is requesting authorization to expend up to $30,000 toward the interconnect, decommissioning, and sanitizing of the decrepit sewer plant. GROWTH MANAGEMENT IMPACT:. This action has no impact on growth management. RECOMMENDATION:. Authorize staff to assist FDEP in this action; approve that Collier County will accept appointment as a Court Appointed Receiver over Lee Cypress Cooperative, approve designation of Bleu Wallace as agent for the County as administrator of the receivership, and authorize funding not to exceed $30,000 for receivership related expenses.. PREPARED BY: - D.E. "Bleu' Wallace, Director CDES Operations REVIEWED BY: -Thomas C. Palmer Assistant County Attorney APPROVED BY: DATE: DATE:~- -2..~ ,"J ~se h K. Scli;mit{, Administrator .... C9o Pmmunity Development & Environmental Services D~ws~on ~AY 2 8 2002 [";~I i,M?',/ ,--- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA 2C~? ;~'""~ ,.. 15 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff, VS. LEE cYPRESS WATER AND SEWER CO-OP, a Florida non-profit corporation, individually and d/b/a COPELAND VILLAGE, Defendants. NOTICE OF HEARING Case No.: 96-3711-CA-01 TO: Christine E. Larson Esq. Florida Rural Legal Services, Inc. 2254 McGregor Blvd. Fort Myers, FL 33901-3312 PLEASE TAKE NOTICE that the following matter has been set for hearing before the indicated judge of this Court on the following date and time: MA'I-rER: Amended Motion for Contempt and Appointment of Receiver. JUDGE: PLACE: Honorable Ted Brousseau Collier County Court House, 3301 Tamiami Trail, Room 3C, Naples, FL 34112-4961 Building L, DATE: June 11,2002 TIME: 9:00 a.m. TIME RESERVED: One Hour PLEASE GOVERN YOURSELF ACCORDINGLY ,.-...~ AGENDA ITEM MAY 2 8 2002 DATED this 13th day of May 2002. STATE OF FLORIDA DEPARTMENT A~ista~' General Counsel j// 3900 Commonwealth Blvd. MS ,5 Tallahassee, FL 32399-3000 Telephone No. (850) 921-9705 Florida Bar No.: 656542 CERTIFICATE OF sERviCE I CERTIFY that a true copy of the foregoing has been furnished by regular U.S. Mail to Anthony P. Pires, Jr. Esq., Woodward Pires & Lombardo, 3200 Tamiami Trail N, Suite 200, Naples, FL 34103-4105; Thomas C. Palmer. Esq., 3301 Tamiami trail, Building F, Naples FL 34112-4961 and the above named addressee on this 13th day of May 2002. A~istant General Counsel ~, 0/ 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 DEPUTY COURT ADMINISTRATOR, 3301 EAST TAMIAMI TRAIL, BUILDING L, NAPLES, FLORIDA 33962 TEl EPHONE: NOTICE OF HEARING. IF YOU ARE HEARING OR VOICE IlVIPAIREE ,<,._/¥ I i 2 MAY 2 8 2.002 EXECUTIVE SUMMARY DEVELOP A TRANSITION PLAN TO PROVIDE FOR THE ORDERLY TRANSITION TO A NEW COUNTY MANAGER, OBJECTIVE: To establish the process for the selection of a new County Manager. CONSIDERATIONS: The selection process for a new County Manager can be accomplished in a number of ways. The first option would be to consider internal candidates in isolation. Should the BCC find someone from inside the organization that they are confident enough to forego any external search, the process would obviously be very quick and inexpensive. If the Board reviews internally or wants to look directly at both internal and external applicants, there are a few key decisions that the Board needs to make in order to move the process forward. Each is presented below: 1. To use a professional search firm or to use in-house Employee Services Department staff. Using a professional search firm will take slightly longer as there must be a selection of the firm itself. There will obviously be some added cost. However, the firm is also familiar with the various publications in which such positions run; has information about the current market for such candidates; and has access to potential candidates who may currently be employed, who might be a good fit and can encourage these individuals to consider the Collier County position. It would be expected that the quality of the pool of applicants would be better using a search firm. A search firm was used during the last selection process at a cost to the County of approximately $3,500. This search and scope of work, however, was limited primarily to internal candidates, which resulted in an overall lower cost. Using the Employee Services Department can probably shorten the process by a month or more and avoid the cost of the search firm. However, the current staff of the Employee Services Department has not been involved in an executive level search such as this, and there is an expectation that the total quantity and quality of the candidate pool would not be as good given the specialized nature of this recruitment effort. If it is the Board's intent to review both internal and external candidates, it is recommended that a professional search firm be utilized. The profile. It is recommended that the Board go through a process of establishing the skills and characteristics that are being sought with either the Employee Services Department staff or a consultant. This will help focus the search to the right short list of candidates for ultimate interviews. o The Interim Manager. The Board will need to select an Interim County Manager and determine if there will be any restriction on the inteFim'-rn,.a,.n, agep~.~---- - lu..$ ,~ .... MAY 2 8 2002 in applying for the permanent position. The County Attorney could draft a simple agreement for the interim manager for the BCC to consider at a meeting in June. Typically, the interim manager, assuming they are an existing employee, would receive a 10% salary adjustment for the period of time that they serve. Selection process. If a professional firm is selected, it is typical to have the firm provide a "short list" of qualified candidates for the Board to interview. The Board interviews are usually conducted publicly, and in this case it would be recommended to have the interviews broadcast on government access television. Occasionally, communities will schedule an opportunity in an informal setting for the candidates to meet and talk to community leaders before the actual interviews. Depending on how the Board's interviews progress, there can either be a selection or the list can be shortened to only two for additional interviews. o Contract. Once a candidate is selected, the Board generally authorizes the Chair and the County Attorney to negotiate an employment agreement, which would include details such as procedures for annual reviews, the process for establishing annual performance goals, salary, benefits and adjustments, etc. which is then brought back to the full Board for review and vote. The contract is then provided to the candidate for their execution and the manager is hired. Attached is a time line that provides an estimated schedule for the process, depending on whether a professional search firm is used or not. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this decision. FISCAL IMPACT: The cost of the search is typically 30% of salary if on a commission basis, but may be lower if the firm is retained on an exclusive basis for a fixed fee. A fixed fee would be estimated to be no more than $25,000. The fixed cost of using the Employee Services Department is already budgeted but would be expected to cost $4,000 to $7,000 in staff time. RECOMMENDATION: That the Board of County Commissioners direct staff to begin the process of selecting a search firm, meet with individual commissioners to determine the skills and characteristics of the desired candidate and direct the County Manager to provide a list of candidates for the interim position. Prepared by: Thomas W.-Olliff, Count~a~ger lOCh -- ,,' NAY 2 8 2092 .... EXECUTIVE SUMMARY EXECUTE RELEASE OF CODE ENFORCEMENT LIEN ESTABLISHED IN COLLIER COUNTY V. WILLIAM H. TOST, 11, AND BETTY TOST. OBJECTIVE: To execute a release of the code enforcement lien imposed against property owned by William H. and Betty Tost pursuant to an Order Imposing Fine/Lien in Collier County v. William H. Tost, II, and Betty Tost, CEB Case No. 97-032. CONSIDERATIONS: An Order Imposing Fine/Lien in the amount of $13,200 at $100 per day was entered by the Code Enforcement Board on November 24, 1998, in Collier County v. William H. Tost, II, and Betty Tost, CEB Case No. 97-032 and, upon its recording in the Official Records of Collier County, became a lien against real property owned by the Tosts. The amount of the lien exceeds the value of the property. The violation, which consisted of an unpermitted mobile home and camping structure, was abated in 1999. The property subject to foreclosure is a 5-acre parcel located in Golden Gate Estates, Unit 150, Tract 117, and assessed at $4900. This property lies south ofi-75 (Section 8, Township 51 South, Range 25 East) in the Belle Meade CARL Project. The State of Florida is currently attempting to purchase the property from the owners, Tost, who are willing to sell in the event the lien can be resolved. In light of the location of this property, the prospects of obtaining any bidders other than the State of Florida at a foreclosure sale are slim. The only market and use for this property is as preservation lands. The property has no feasible uses for the County, including wetlands mitigation. Should the County proceed with foreclosure, its recovery will be limited to what the State is willing to pay for the property and, under any circumstances, an amount not exceeding the value of the property minus the County's costs. Staff has negotiated a settlement with the property owner, whereby the owner pays $3,300 in exchange for release of the code enforcement lien. Costs of the County to date are approximately $150. Out of pocket costs to the County to initiate foreclosure and obtain foreclosure sale would amount to approximately $350. Staff believes this to be a reasonable settlement and in the best interest of the taxpayers. If the Board finds the proposed settlement acceptable, a Release o f Lien will need to be executed and recorded so as to discharge the lien of record. A copy of the proposed Release of Lien is attached hereto. FISCAL IMPACT: The sum of $3,300.00 will be deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. GROWTH 5~*ANAGE~.MENT IMPACT: None. ITEM MAY 2 8 2002 RECOMMENDATION: 1. That the Board of County Commissioners: Approve the proposed release of the code enforcement lien in consideration of the amount of $3,300; Authorize its Chairman to execute the Release of Lien; and Authorize staff to record the Release of Lien in the Public Records of Collier County, Florida. SUBMITTED BY: /(~., (? ~/./¢~-- Mic-hefle E~iwards Arnold, Director Code Enforcement Department Date: REVIEWED BY2Z~.4, ~x~ ~ Ellen Chadwell, Assistant County Attorney Date: /C~nm~unity Development & Environmental (.8/ervices D~ivision ' Date: h:CEB cases',To st -',ExSu mmary. 2 MAY 2 § 2002 RELEASE OF LIEN This is to certify that the lien arising out of the Order Imposing Fine/Lien dated November 24, 1998, on behalf of Collier County, Florida, and recorded in O.R. Book 2546, Page 0554, et seq., and re-recorded in O.R. Book 2701 Page 2044, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by William H. Tost, II, and Betty Tost, is hereby released in consideration of the sum of Thirty Three Hundred Dollars ($3,300.00): Tract 117, GOLDEN GATE ESTATES, Unit No. 150, According to the Plat thereof as recorded in Plat Book 5, Page 55 of the Public Records of Collier County, Florida. Folio No. 44669120002 The undersigned is authorized by the Board of County Commissioners of Collier County to, and does hereby release its lien as to the whole of the above-described real property, and all other real and personal property owned by William H. Tost, II, and Betty Tost, his wife, and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form ~,~legal sufficienc~ Ellen T. Chadwei~ - Assistant County Attorney AGENDA ITEM MAY 2 8 2002 EXECUTIVE SUMMARY APPROVE A RESOLUTION TO EXTEND THE TERM OF THE WORKFORCE HOUSING ADVISORY COMMITTEE OBJECTIVE: To get Board approval of a Resolution to extend the term of the Collier County Workforce Housing Advisory Committee and to appoint and extend the terms of the members for one year in order to complete ongoing issues and activities. CONSIDERATIONS: Ordinance No. 2001-42, adopted June 26, 2001 by the Board of County Commissioners, created the Workforce Housing Advisory Committee, an ad-hoc advisory committee to assist staff in its study of the workforce housing concerns of Collier County. Section Six provides for the extension of the term of the Committee. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt a Resolution to extend the term of the Collier County Workforce Housing Advisory the terms of members for one additional Committee and to appoint an~extend earthro , ,u : Prepared by: I~, C.,x! ~..~,T,,.~_~.~ - Date: ',~" / ~"'"0,~-- Denny Baker Inte 'm)HUI Director 3mmunity Development and Environmental Services AGENDA ITEM MAY 2 8 2002 RESOLUTI~ON NO. 2002-. A RESOLUTI~ON EXTENDI~NG THE TERf4 OF THE WORKFORCE HOUSING ADV]:SORY COI~IM1~TTEE. WHEREAS, on June 26, 2001, the Board of County Commissioners adopted Ordinance No. 2001-42, creating the Workforce Housing Advisory Committee as an ad hoc advisory whose term shall expire within a year; and WHEREAS, Section Six of Collier County Ordinance No. 200:[-42 provides that the Board, by Resolution, can extend the term of the Committee; and WHEREAS, the Board of County Commissioners desires to extend the term of the Committee for a year. NOW, THEREFORE, BE Ti' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the term of membership of the Workforce Housing Committee is hereby extended for one year, said term to expire on June 26, 2003. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: David C. Weigel County Attorney DC'W/kn:h;public;kay;advisoryboards EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS'.. Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Lien Case No. Owner of Record Case Summary Amount a. Violation determined 02/27/02 b.Notice of Violation served n/a 2002020973 Carter, Douglas L. & c.Notice of Violation Posted 02/26/02 $255.0~ Sandra J. al. Unabated nuisance verified 03/12/02 e.Nuisance abated with public funds 03/22/02 f. Owner invoiced for costs 04/09/02 a. Violation determined 12/17/01 b.Notice of Violation served unclaimed 2001120604 Springs, Matthew J. & c.Notice of Violation Posted 01/17/02 $390.0t Paula A. al. Unabated nuisance verified 01/28/02 e.Nuisance abated with public funds 02/26/02 f. Owner invoiced for costs 02/27/02 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT:. A total reimbursement of $645.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $_5.00, which is budgeted and available in the current fiscp Enforcement budget. 2 8 2002 GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Iliana Martinez, Customer Service Speci'~t Code Enforcement DATE: REVIEWED BY: Janet Powers, Operations Manager Code Enforcement SUBMITTED BY: Mich[lle Edwards Arnold, Director Code Enforcement APPROVED BY: /j,o/ep_h__~. ScEmitt, Adminis 6(~ommunity Development & Environmental Services DATE: DATE: DATE: BOARD OF COUNTY COMMISSIONERS TttROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CARTER, DOUGLAS L & SANDRA J DATE: 5337 JENNINGS STREET NAPLES, FL 34113 REF. INV.# 2121 FOLIO #: 62260720003 LIEN NUMBER: I.EGAL DESCRIPTION: Lot 26, Block 11, NAPLES MANOR LAKES, according to the plat thereof, as recorded in Plat Book 3, Pages 86 and 87, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, arc hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 26, and constituted a violation of county regulations on March 12, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTIIER NON-I'ROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it ',,,'as abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED FIFTY- FI",'E ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on 5'our property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TIIIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL MAY 2 8 2002 I 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 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 5'7 58 59 60 61 RESOLUTION NO. 2002-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TIlE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than tw,mty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 26 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the folloxving costs of such abatement, to wit: NAME: CARTER, DOUGLAS L. & SANDRA J. LEGAl. DESCRIPTION: Lot 26, Block 11, NAPLES MANOR LAKES, according to the plat thereof, as recorded in Plat Book 3, Pages 86 and 87, of the public records of Collier County, Florida. COST: $255.00 REFERENCE#: 2121 FOLIO #: 62260720003 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the ox~ner(s) of the above-described property. If within twenty (20'} davs of the date of mailing that copy, the owner fails to deliver payment in full to Collier Count>'. the Re'solution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent ailowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney '2 S 2002 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SPRINGS, MATTItEW J. & PAULA A. DATE: 440 25xn ST SW NAPLES, FL 34117 REF. INV.# 2115 FOLIO #: 55502640007 LIEN Nq. JMBER: I.EGAL DESCRIPTION: Lot 1, Block 19, LELY TROPICAL ESTATES, according to the plat thereof recorded in Plat Book 10, Page 89, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 1, and constituted a violation of county regulations on January 28, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DL~'.IPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ON~ -HUDRED NINETY ($190.00) DOLLARS and an administrative cost of T~vo-hundred ($200.00) dollars for a total of TttREE-ItL~'DRED NINETY ($390.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your proper~y when recorded after approval by the Board. FAILURE TO TIMELY PAY TIlE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL Ar..~.I~A I'IF.M MAY 2 8 2002 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 .~0 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-5 l, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculate'd and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION"ERS OF COLLIER COUNTY, FLORDA, that lot(s) I of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SPRINGS, MATTHEW J. & PAULA A. LEGAl. DESCRIPTION: Lot 1, Block 19, LELY TROPICAL ESTATES, according to tile plat thereof recorded in Plat Book 10, Page 89, of the public records of Collier County, Florida. COST: $390.00 REFERENCE#: 2115 FOLIO #: 55502640007 Tile Clerk shall (by regular U.S. mail) mail a cop)' of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within tx~enty (20) days of the date of mailing that cop5', the owner fails to deliver pa2,'ment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier Count3, and by recording shall constitute a lien against the above-described real property, and to tine extent allo~ved by law, shall also be a lien upon all other real and/or personal property oxvned by tile noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier Count2,', Florida, this da), of 2002. ATTEST: DWIGHT E. BROCK, Clerk T BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C'. Palmer, Assistant County Attorney MAY 2 8 2002 F: LIEN/MSTR RESOLUTION EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 9147, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 10/03/01 b. Notice of Violation served unclaimed 2001100213 Bird, Hubert c.Notice of Violation Posted 12/12/01 $255.00 d.Unabated nuisance verified 12/28/01 e.Nuisance abated with public funds 01/17/02 f. Owner invoiced for costs 02/21/02 a. Violation determined 01/15/02 b. Notice of Violation served unclaimed 2002010537 H N H Ventures c.Notice of Violation Posted 01/15/02 $390.00 d. Unabated nuisance verified 01/29/02 e.Nuisance abated wilh public funds 02/20/02 f. Owner invoiced for costs 02/21/02 a. Violation determined 11/30/01 b. Notice of Violation served undeliverable 2001120025 La Rue, Claude E. c.Notice of Violation Posted 12/26/01 $255.00 d. Unabated nuisance verified 01/07/02 e.Nuisance abated with public funds 01/29/02 f. Owner invoiced for costs 02/08/02 MAY 2 8 2002 ~.Violation determined 01/11/02 b.NoticeofViolationserved n/a 2002010333 Moses, Abraham J. & Dotty c.Notice of Violation Posted 01/11/02 $255.00 d.Unabated nuisance verified 01/28/02 e.Nuisance abated with public funds 02/14/02 f. Owner invoiced for costs 03/04/02 a. Violation determined 01/11/02 b. Notice of Violation served n/a 2002010325 Moses, Abraham J. & Dotty c. Notice of Violation Posted 01/11/02 $255.00 d. Unabated nuisance verified 01/28/02 e.Nuisance abated with public funds 02/14/02 f. Owncr invoiced for costs 03/07/02 a. Violation determined 01/11/02 b.Notice of Violation served n/a 2002010327 Moses, Abraham J. & Dotty c.Notice of Violation Posted 01/11/02 $255.00 d.Unabated nuisance verified 01/28/02 e.Nuisance abated with public funds 02/14/02 f. Owner invoiced for costs 03/07/02 a. Violation determined 11/16/01 b.Notice of Violation served 11/23/01 2001110809 Osceola, Douglas M. c. Notice of Violation Posted n/a $2,395.00 d. Unabated nuisance verified 12/12/01 e.Nuisance abated with public funds 02/14/02 f. Owner invoiced for costs 02/22/02 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $4.060.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $87.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: County's Growth Management Plan. This request will have no inn AG,c-N~A ITEM ,act ~ the ] MAY 2 8 2002 2. - RECOMMENDATION: Resolutions. That the Board of County Commissioners adopt the attached PREPARED BY: Iliana Martinez, Customer Service Specialist Code Enforcement REVIEWED BY: Jane~ Powers, Operations Manager Code Enforcement SUBMITTED BY: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: J, 6se, l~h K. Schmid, Administrator (~munity Development & Environmental Services DATE: ~ ~'~ 3"-" (?~:~' DATE: DATE: DATE: ,..~'"/,',~/az-- MAY 2 § 2002 ~._~ BOARD OF COUNTY COMMISSIONERS TIIROUGI! ITS CODE ENFORCEMENT DEl~Ai'ITMF'NT COLLIER COUNTY, FI.ORII)A LEGAL NOTICE OF ASSESSNIENT OF LIEN BIRD, HUBERT DATE: 5301 19TM AVE SW NAPLES, FL 34116 REF. INY.# 2108 FOLIO #: 1134802704 LIEN NUMBER: LEGAl. DESCRIPTION: PARCELS 41 & 42: Commenciug at the East % corner of Section 13, T52S, R29E, Collier County, Florida; thence N 68°- 04' - 26" W 987.57 feet, said corner being the place of ending of S-837 as described in Deed Book 42, Page 142 and also the place of beginning of a 50 hint wide strip of laod for County Roads as descried in Deed Book 42, Page 303 of tbe Pnblic Records of Collier County, Florida; thence S 42°- 06' W 37.00 feet; thence N 52°- 14' W 134.40 feet; thence N 0*- 51' E 97.00 feet to "intersection point C" described in said Deed Book 42, Page 303; thence along the centerline of "C" street N 888o-39' W 25.00 feet; thence N 0'-- 51' E 25.00 feet for a place of beginning: thence N 88~- 39' W 141.78 feet; thence N 1°- 21' E 100.00 feet; thence S 88°- 39' E 140.91 feet; theuce S 0°- 51' W 100.00 feet to the place of beginning. Bearings based ou the East liue of the NE % of Section 13 as being N 0~- 02' W. You, as the owner(s) of the property above-described, as recorded in tt~c records maintained by ttne office of the Property Appraiser, are hereby advised tlnat tile Code Enforcement Director. did determine a public nuisance existed and constituted a violation of county regulations on December 28, 2001, and ordered tine abatement of a certain nuisance existing on the aboxe property prohibited by Ordinance No. 99-5l, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTIIER NON-I'ROTECTED OVERGROWTIt IN EXCESS OF 18" You have failed to timely abate such nuisance; x~hereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of T~vo-hundred ($200.00) dollars for a total of TWO-ItUNDRED FIFTY- FIVE ($255.00) DOLLARS. Sucln cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your property when recorded after approval by the Board. F: LIENS/MS'TR LNAL FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TillS NOTICE MAY RESULT IN ts, LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. MAY 2 8 2002 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 -12 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 RESOLUTION NO. 2002-.__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that tile property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BIRD, HUBERT LEGAL DESCRIPTION: PARCELS 41 & 42: Commencing at the East % corner of Section 13, T52S, R29E, Collier County, Florida; thence N 68c' 04' - 26" W 987.57 feet, said corner being the place of ending of S-837 as described in Deed Book 42, Page 142 and also the place of beginning of a 50 foot wide strip of land for County Roads as descried in Deed Book 42, Page 303 of the Puhlic Records of Collier County, Florida; thence S 42~- 06' W 37.00 feet; thence N 52"- 14' W 134.40 feet: thence N 0'~ 51' E 97.00 feet to "intersection point C" described in said Deed Book 42, Page 303; thence along the centerline of "C" street N 888e-39' W 25.00 feet; thence N 0e-- 51' E 25.00 feet for a place of beginning: thence N 88e- 39' W 141.78 feet; thence N 1% 21' E 100.00 feet; thence S 88°-- 39' E 140.91 feet; thence S 0~- 51' W 100.00 feet to the place of beginning. Beariugs based on the East line of the NE % of Section 13 as being N 0e-- 02' W. COST: $255.00 REFERENCE#: 2108 FOi. IO #: 1134802704 The Clerk shall (by regular U.S. mail) mail a cop) of this Resolution along x~ ith the Notice of Assessment of Lien to the owner(s) of tile above-described property. If within menty (20) days of the date of mailing that cop)', the owner fails to deliver payment in full to Collier County, tile Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law. shall also be a lien upon all other real and/or personal property owned by tile noted property owner(s) itl Collier Coumy. This Resolution passed and duly adopted by tile Board of Count), Connnissione,'s of Collier County, Florida, this __ day of 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: ~ . Thomas C. Palmer, Assistant County Attorney James N. Coletta, Chairman AC, ENDA I'~ ../ _n F: LIEN/MSTR RESOLUTION 2002 BOARD OF COUNTY CONIMISSIONERS TllROUGll ITS CODE ENFOi*,CEMENT I)EPARTMF~NT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF I.IEN ItNH VENTURES, a Florida General Partnership DATE: R/A W.J. & SItEILA B. HAMTON 4930 12TM AVE SW NAPLES, FL 34116 REF. INV.# 2110 FOLIO #: 36325040007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 226, GOLDEN GATE, Unit No 6, according to the plat thereof, as recorded in Plat book 15, Pages 124 through 134, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in thc records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 4. and constituted a violation of county regulations on January 29, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51~ as amended and served a notice of violation upon you. The nuisance is: lATTER: PROIIIBITED DU~MPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY You have failed to timely abate such nuisance; whereupon, it was abated bx the expenditure of public funds at a direct cost of ONE.HUNDRED NINETY ($190.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TltREE-llUNDRED NINETY ($390.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY, PAY THE AMOUNT SPECIFIED IN TillS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNA~. MAY 2 8 2002 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3t 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than txtenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 4 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property', is hereby assessed the following costs of such abatement, to wit: NAME: ltNIt VENTURES, a Florida General Partnership LEGAL DESCRIPTION: Lot 4, Block 226, GOLDEN GATE, Unit No 6, according to the plat thereof, as recorded in Plat book 5, Pages 124 through 134, of the public records of Collier County, Florida. COST: $390.00 REFERENCE#: 2110 FOLIO #: 36325040007 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If x~ithin menU' (20) days of the date of mailing that cop3', the owner fails to deliver payment in full to Collier Count,,'. thc Resolution and Notice of Assessment shall be recorded in the official records of Collier Cot, ntv. and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned Iw the noted property owner(s) in Collier County. This Resolution 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: BY: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas .~ Assi~st~ttorney F: LIEN/MSTR RESOLUTION MAY 2 8 2002 BOARD OF COUNTY COMMISSIONERS TIIROUGll ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE E DATE: 7012 CHADWELL RD SW HUNTSVILLE, AL 35802 REF. INV.# 2105 FOLIO # 62092120004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, pb 3, Pages 67 and 68. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 9, and constituted a violation of county regulations on January 07, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it xvas abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of T~vo-hundred ($200.00) dollars for a total of TWO ilUNDRED FIFT'"'- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY TIlE AMOUNT SPECIFIED IN TillS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF ','OUR PROPERTY IN COLLIER COUNTY. AC, F:NOA ITEM MAY Z 8 2002 F: LIEND MSTR LNAL 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County. shall be assessed against such property; and XVHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than txxentx (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12c'c) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO*IMISSIONERS OF COLLIER COUNTY, FLORIDA. that lot(s) 9 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LA RUE, CLAUDE E I.EGAI. DESCRII'TION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in thc Public Records of Collier Count)', Florida. pb 3, Pages 67 and 68. COST: $255.00 REFERENCE#: 2105 FOLIO #: 62092120004 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along x~ith the Notice of Assessment of Lien to tile owner(s) of tile above-described property. If within m'enty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County. the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described re:d property, and to the extent allox~ed by law. shall also be a lien upon all other real and/or personal property o~ned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of Count5,' Commissioners of Collier County, Florida, this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C.~Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION 2 B 2002 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF I.IEN MOSES, ABRAHAM J. & DOTTY DATE: 6380 RADIO RD LOT 12 NAPLES, FL 34104 REF. INV.# 2113 FOLIO # 62264520005 LIEN NUMBER: LEGAL DESCRIPTION: Lots 14, 15, and 16, Block 14, NAPLES MANOR LAKES, as per Plat book 3, Pages 86 and 87, public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 14, and constituted a violation of county regulations on January 28, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCI_D, IULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTtt IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO IIUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on }'our property when recorded after approval by the Board. FAILURE TO TIMELY PAY TIlE AMOUNT SPECIFIED IN TillS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL AGENDA ITEM. 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 1.7 t8 t9 20 21 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TIlE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property' against which made until paid; and \VHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 14 of the properly described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MOSES, ABRAttAM J. & DOTTY LEGAl. DESCRIPTION: Lots 14, 15, and 16, Block 14, NAPLES MANOR LAKES. as per Plat book 3, Pages 86 and 87, public records of Collier Count)', Florkla. COST: $255.00 REFERENCE#: 2113 FOLIO #: 622264520005 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within m entv (20) days of the date of mailing that cop}', the o.`vner fails to deliver payment in full to Collier County. the Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and by recording shall constitute a lien against the above-described real propel-ty, and to the extent allowed by lax,,', shall also be a lien upon all other real and/or personal property owned by the noted property oxvner(s) in Collier County. This Resolution passed and duly adopted by the Board of Count}' Commissioners of Collier County, Florida, this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY' BY: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION MAY 2 8 2002 ' BOARD OF COUNTY COMMISSIONERS THROUGll ITS CODE ENFORCEMENT DEI'ARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MOSES, ABRAHAM J. & DOTTY DATE: 6380 RADIO RD LOT 12 NAPLES, FL 34104 REF. 1NV.# 2112 FOLIO # 62264560007 LIEN NUMBER: LEGAl. DESCRIPTION: Lots 14, 15, and 16, Block 14, NAPLES MANOR LAKES, as per Plat book 3, Pages 86 and 87, public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did deten'nine a public nuisance existed on lot 15, and constituted a violation of count.',' regulations on January 28, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51. as amended and served a notice of violation upon you. The nuisance is: ~,VEEDS: ACCUMULATION OF ~,VEEDS, GRASS, OR OTItER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; ,.vhereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) I)OLLARS and an administrative cost of T,a'o.hundred ($200.00) dollars for a total of TWO HUNDRED FIFTY- FIVE {$255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on 2,'our property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL MAY 2 8 20O2 I 2 3 5 6 7 8 9 1o 11 12 13 14 15 IO 17 18 19 20 21 22 23 2-1 25 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ..16 47 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2002-.__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENT)ED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by lhe Count>', shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of Count.,,' Commissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of tile Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning oil the date this Resolution is recorded at the rate of twelve percent (12c;?) per annum. NOW. THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 15 of the property described as foilings, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the follov,'ing costs of such abatement, to wit: NANIF.: MOSES, ABRAItAM J. & DOTTY LEGAL DESCRIPTION: Lots 14, 15, and 16, Block 14, NAPLES MANOR LAKES, as per Plat book 3, Pages 86 and 87, public records of Collier Count}', Florida. COST: $255.00 REFERENCE#: 2112 FOI,10 #: 622264560007 The Clerk shall (by regular U.S. mail) mail a cop>' of this Resolution along with the Notice of Assessment of Lien to the o,aner(s) of the aboxe-described property. If xx ithin m'entv (20) dass of Ire date of mailing that cop.',', the Or. her fails to deliver p:l.,,ment in full IO Collier Cot, nty', the Resolution and Notice of Assessment shall be recorded in the official records of Collier' Count.',, and by recording shall constitute a lien against the above-described real propecty, and to the extent allox~ed by law, shall also be a lien upon all other real and/or personal property owned by tile noted property owner(s) in Collier County. This Resolution 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: BY' Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney MA'( 2 8 2002 F: LIEN/MSTR RESOLUTION BOARI) OF COUNTY COMMISSIONERS TItROUGll 1TS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MOSES, ABRAHAM J. & DOTTY DATE: 6380 RADIO RD LOT 12 NAPLES, FL 34104 REF. INV.# 2114 FOLIO # 62264600006 LIEN NUMBER: I.EGAI, DESCRIPTION: Lots 14, 15, and 16, Block 14, NAPLES MANOR LAKES, as per Plat book 3, Pages 86 and 87, public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by thc office of me Property Appraiser, arc hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 16, and constituted a violation of county regulations on January 28, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTltER NON-PROTECTED OVERGRO~2,'TIt IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO ltUNDREI) FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL MAY 2 8 2002 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2002-__ A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of tweh'e percent (12 ,~) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 16 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the oxxner(s) of said property, is hereby assessed tile following costs of such abatement, to wit: NAME: MOSES, ABRAHAM J. & DOTTY LEGAl. DESCRIPTION: Lots 14, 15, and 16, Block 14, NAPLES MANOR LAKES, as per Plat book 3, Pages 86 and 87, public records of Collier County, Florida. COST: $255.00 REFERENCE/t: 2114 FOLIO #: 62264600006 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the oxxner(s) of the above-described property. If x~ithin menLv (20) days of the date of mailing that copy, tile oxvner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against tile above-described real property, and to tile extent allowed by law, shall also be a lien upon all other real and/or personal property o~ned by the noted property owner(s) in Collier County. This Resolution 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: BY: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney MAY 2 8 2002 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS TiiROUGIt ITS CODE F~NFOI~CEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN OSCEOLA, DOUGLAS M. S.R. BOX W 9000 OCHOPEE, FL 34141 REF. INV.# 2109 FOLIO # 1132360002 DATE: LIEN NUMBER: I.EGAL DESCRIPTION: Commencing at the East ~A corner of Section 13, Township 52 South, Range 29 East, Collier County, Florida; thence North 68°04'26'' West 987.57 feet; said corner being Ibc place of ending of S-837 as described in Deed Book 42, page 142 and also tbe place of beginning of a 50 foot wide strip of land for County Roads as described in Deed Book 42, Page 303, of tbe public records of Collier County, Florida; thence South 42~'06' West 37.00 feet; tbence North 52¢14' West 134.40 feet; thence North 0~'51' East 97.00 feet to intersection point "C" described in said Deed Book 42, page 303; tbence North 88°39, West 612.20 feet; thence South lC21' West 313.0 feet; thence South 88~'39' East 28.08 feet; thence South le24' West 511.13 feet; thence continuing South f24' West 115.0 feet; thence South 8ff'36' East 193.0 feet for a place'of Beginning; thence continuing South 88036' East 80.0 feet; thence South 1"24' West 115.0 feet; tbence Nortb 88036' West 80.0 feet; thence North 1°24' East 115.0 feet to the place of beginning, subject to a road and utility easement over the Northerly 15 feet and over the Southerh' 15 feet, heing a part of tbe North Vz of the North ½ of the Southeast ~A of Section 13. Bearings' based on the East line of the Northeast ~¼ of Section 13 as being Nortb 0102' West. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on December 12, 2001, and ordered the abatement of a certain nuisance existing on tine above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: LITTER: PROItlBITED DL,BIPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO THOUSAND ONE- IlUNDRED NINETY- FIVE ($2,195.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO TItOUSAND THREE-1tUNDRED NINETY- FIVE ($2,395.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY TItE AMOUNT SPECIFIED IN TillS IN A LIEN AGAINST ALI. OF YOUR PROPERTY IN COLLIER CO[~ F: LIENS/MSTR LNAL ICE ~M~ ~2~ ry. [ MAY 2 8 2002 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 62 63 64 65 66 67 68 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47. AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of tweh'e percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA, that property described as follow, s, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby' assessed tile following costs of such abatement, to wit: NAME: OSCEOLA, DOUGLAS M. LEGAl. DESCRIPTION: Commencing at tile East ¼ corner of Section 13, Township 52 South, Range 29 East, Collier Couuty, Florida; thence North 68"04'26" West 987.57 feet; said corner being the place of ending of S-837 as described in Deed Book 42, page 142 and also the place of heginning of a 50 foot ~ide strip of land for County Roads as described in Deed Book 42, Page 303, of the public records of Collier County, Florida; thence South 42"06' West 37.00 feet; thence North 52°14'West 134.40 feet; thence North 0°51 ~ East 97.00 feet to intersection point "C" described ill said Deed Book 42. page 303; thence North 88~39' West 612.20 feet; thence South l°21t West 313.0 feet; thence South 88o39. East 28.08 feet; thence South I~24' %'est 511.13 feet; thence continuing South 1°24' West 115.0 feet; thence Sonth 88o36, East 193.0 feet for a place of Beginning; thence continuing South 88~36' East 80.0 feet; lhence South 1° 24' \Vest 115.0 feet; thence North 88036' West 80.0 feet; thence North 1°24, East 115.0 feet to tile place of beginning, subject to a road and utility easement over the Northerly 15 feet and over the Southerly 15 feet, being a part of the North V,.of the North V: of the Southeast ~A of Section 13. Bearings based on the East line of tile Northeast ~A of Section 13 as being North 0102' West. COST: $2,395.00 REFERENCE#: 2109 FOLIO #: 1132360002 The Clerk shall (by regular U.S. mail) mail a cop3' of this Resolution along with the Notice Assessment of Lien to the o~ ncr(s) of the above-described property. If within menty (2/)) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier Cot,nty. die Resolution and Not!cc of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real properly, and to the extent allowed bb' law, shall also be a lien upon all real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution 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: BY: Deputy Clerk Approved as to form and legal sufficiency:~ ?~~,/ Thomas C. ~almer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James N. Coletta, Chairman .~,GENO A I'IEM MAY 2 8 2002 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT NO. 2 IN THE AMOUNT OF $44,629.25 TO WOODS HOLE GROUP FOR THE HALDEMAN CREEK BASIN RESTORATION (A.K.A. DREDGING) PROJECT, CONTRACT NO. 01-3216, PROJECT No. 31011 OB,~ECTIVE: To receive Board approval for a second budget amendment for the Haldeman Creek Basin Restoration (A.K.A. Dredging) Project to keep the design and permitting efforts progressing. CONSIDERATIONS: On November 13, 2001, the Board approved Agenda Item No. 16. B (1) authorizing Woods Hole Group for professional engineering services (design and permitting) of the Haldeman Creek Basin Restoration. At the time of contract approval, not all of the work tasks were funded until a favorable outcome could be determined from some of the initial tasks. Based upon the generally favorable outcome of the initial tasks, funding is now being requested for Task 3.4, 9.0 and 10 in the current year to keep the project on schedule and within budget. This budget amendment proposes to transfer funds from the Tideflex Valves project (Project No. 31805). Stormwater Management is in the process of monitoring the current tideflex valves this year and will not recommend the installation of any new valves until we are satisfied on their performance. In the current budget for the Haldeman Creek Restoration Project the Board of County Commissioners has approved $150,000. However the currently funded work tasks have a total approved budget of $147,608.25. The proposed work tasks to be funded by this budget amendment have a cost of $47,021.!00. Therefore, the requested budget amendment is for the amount of $44,629.25 which takes into consideration the difference between the already approved budget and the actual dollar amount of the previously approved work tasks. FISCAL IMPACT: The transfer of $44,629.25 from the 'Tideflex Valves project (Project No. 31805) to the Haldeman Creek Restoration Project (Project No. 31011) does no! affect the overall balance of funding within Fund 325 (Water Management CIP). Source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize and approve the necessary Budget Amendment transferring $44,629.25 within Fund 325 (Water Management CIP) from Tideflex Valves (Project NO. 31805) to Haldeman Creek Restoration (Project No. 31011). ~ AG~I~ID~ITEM No._ ! MAY 2002 pg. I Executive Summary Haldeman Creek Restoration Page 2 of 2 Peter S. Hayden, E.I., Project Manager Stormwater Management Date: REVIEWED BY: APPROVED BY: Robert C. Wiley, ~., Project Manager, Principal Stormwater Management ; rtSet idoel~' DAiv~ }Ii'oPi~' AdministratOr ! Date: Attachments: Woods Hole Group letter for additional tasks .1[-- AG~N~ I~EM No. { I,?-3 MAY-28, 2002 Pg. ! 1121 Bay Street. S.E. Suite 3' St. Pelerslmrg. FL 33701 Phone: 727-821-2730 Fax: ;'2Y-820-0369 e-mail: M~g-florida~M~grp.com March 4, 2002 Peter Hayden, E.I., Project Manager Collier County Government Stormwater Mangement Department 2685 South Horseshoe Drive Suite #212, Horseshoe Square Naples, FL 34104 Subject: Request Approval for Additional Tasks Dear Peter, Pursuant to the meeting on February 14, 2002. regarding the Haldeman Creek Restoration Project, we respectfully request approval of Tasks 3.4 (Sediment Sampling & Analysis), 9.0 (Meeting, Project Coordination and Management), and 10 (Contract Management). The approved P.O. amount ($150,000) for this fiscal year did not include costs for these tasks. As discussed, these tasks are necessary this fiscal >'ear to keep the project on schedule. Specially', Task 3.4 is extremely important to the timing and feasibility of the project. The sediment quality will dictate disposal site selection, construction costs, project .>.-, ;',.'as to be .... ~,~a during the field tinting, etc. In addition, in our contract Task" ~ ..... v operations. Increased costs will results from delaying the task. We estimate that this task will cost an additional $12,000 (increase by 40%) if we are to come back at a later date to complete the sediment sampling & analysis. More importantly, delaying this work will throw off the timing of the project. We cannot submit a complete permit application to the regulatory agencies ;vithout this information. Tasks 9 and 10 are needed to ensure that project coordination and management is maintained throughout the work. These tasks include funding for several key meetings, and project oversight. These tasks are for service during the entire project schedule; therefore we do not see the need to request the entire amount. The requested amounts for this fiscal year are as follows: task 9 - $11,920 and task 10 - $2,785. AG¢I{4p&ITEM No._ HAY Zg, 2002 RECEIVED MAR I 1 2002 The following funds are requested to ensure the project is completed on time. Task Description_. Funding Requested 3.4 -- Sediment Sampling & A ysis $32,316.00' 9.0 Meetings, Project Coordination ana Management $11,920.00 10.0 Contract Management $2,785.00 Total Amount Requested $47,021.00 *Note: If fimds are not approved this fiscal 3'ear we estimate there will be tncreased cost associated with the project. Project costs will increase by approximately S12, 000 for this task. Your immediate attention is need and greatly appreciated. Thank you for your assistance and cooperation. If I can be of any further assistance or answer any questions, please feel tree to contact me at any time (~2 ~) o,.1--, t.>9. ~'re~ R. Tabar, P.E. :nrc~r Coastal Engineer MAYZS, 2002 EXECUTIVE SUMMARY TO HAVE THE BOARD OF COUNTY COMMISSIONERS (BCC) APPROVE A BUDGET AMENDMENT, TRANSFERRING FUNDS. FROM CAPITAL - IMPROVEMENTS GENERAL OF THE IMMOKALEE BEAUTIFICATION FUND 156 IN THE AMOUNT OF $150,000.00 TO THE IMMOKALEE NORTH TRIANGLE BEAUTIFICATION PROJECT # 66071. OBJECTIVE: To obtain BCC approval of a budget amendment that will allow funds in Capital - Improvements General to be transferred to the Immokalee North Triangle Beautification project # 66071. CONSIDERATION_'- The Immokalee Beautification MSTU Advisory Committee has ~approved the need for design and installation of landscaping, lighting, and curbing of the Immokalee North Triangle. This project will help in the continuing beautification of the Immokalee area. ~FISCAL IMPACT: The funds are available in the non-project summary of the immokalee Beautificaiion Fund 156 GROWTH MANAGEMENT IMPACT.'.. There is no growth management impact. RECOMMENDATION: That the BCC approve and authorize the necessary budget amendment to transfer funds from Capital - Improvements General to the Immokalee North Triangle Beautification project # 66071. ,~__B_~P(~ ~ger, Landscape Operations ~.,,~.' -Ea[Na_rC'~J. Kan.L, P.E., Trl~"nsportation Operations birector APPROVED BY: 7~,--~, ~- Date: ~-/(~'~.... Norr~a/E. Feder, AICP, Transportation Administrator '-'~C~ N,I;;).A ITEM No.__J ~. MAY 2 8 2002 3O .CARSONS RD BRADLEY ~CURRY RD Fm~.~ 29 28 SHE IMMOKALEE WfLKH Librar7 · ?U CK.-',~. HeaJ~ CenterI ; ~ 3BERTS RE ST.& COLORADO Waterd Dep[ 9 HOP ANITATION re(PALM (DUMP · Planned Parent Seminole Gaming Center SEMINOLE INDIAN RESERVATION '] ~''-.7 ..... -1 ._[~ tion I _-J 1 · Youth Boot Camp · r I COLLIER :o 4GEN,D~, ITEM BUNI~ March 20, 2002 I. The meeting was called to order by Rita Avalos at 3:55 p.m. II. ATTENDANCE: A. Members: Sharon Tims, Rita Avalos and Cherryle Thomas were present. Dorcas Howard was excused. B. Collier County: Bob Peterson and Val Prince, DOT Landscape Operations; Maria Benavides, Immokalee Housing Initiative Project representing Collier County Code Enforcement. C. Other: Michael McGee, McGee and Associates; Robert Kindelan, Commercial Land Management; Kim Long, Manpower Services. III. APPROVAL OF MINUTES: 2/20/02 minutes approved as meeting notes. This was due to the fact that there were only three members present and Cherryle Thomas had not been present at the above meetings. The motion was made by Sharon Tims and seconded by Rita Avalos. 1/16/02 minutes were also accepted as notes. The motion was made by Cherryle Thomas and seconded by Sharon Tims. IV. TRANSPORTATION SERVICES REPORT: Val Prince reported that no expenditures were made. Additional expenses will be for commercial land and street sweeping. Draft Budget was presented and motion was made to accept by Cherryle Thomas and seconded by Sharon Tims. V. LANDSCAPE MAINTENANCE REPORT: Robert Kindelan reported that he was performing normal maintenance. Banners have been removed and will be returned to Chamber. Parking situation by 2na St. by Spanish has been referred to Code Enforcement. Bench areas were pressured cleaned. VI. LANDSCAPE ARCHITECTS REPORT: Mike McGee stated that he took his normal ride around. Motion made by Cherryle Thomas and seconded by Sharon Tims to designate Mike to begin work on Phase IIB for $29,170.00. Motion was passed unanimously. VII. OLD BUSINESS: Zoning Problems: No Update Marie Benavides to pass along minutes to Michelle Arnold. Code Enforcement was asked to look into the parking situation at the 99 cent store next to RCMA. Also discussed was the fact there is no landscaping surrounding the patio. MAY 2 8 2002 B. Triangle Update: De Will be going out to bid soon. It will be July before before money is available. Striping and curb painting: A section will be hand painted for test purposes. MSTU Ordinance: Committee will proceed with plans to add a business owner appointee. E. Bike Loop and Benches: Money has been allocated. VIII. NEW BUSINESS: Letter to Cherryle Thomas to vacate seat because of unexcused absences was read. Committee did not accept the letter because change in time of meeting should make it more convenient for Cherryle to attend meetings. Meetings changed to 4 p.m. Sharon Sims was elected chairperson and Rita Avalos was elected co-chair. Motion to accept made by Cherryle Thomas and seconded by Rita Avalos. IX. PUBLIC COMMENTS: None X. ADJOURNMENT: 5:05 p.m. Motion by Cherryle Thomas and seconded by Sharon Tims HAY 2 8 2002 EXECUTIVE SUMMARY TO HAVE THE BOARD OF COUNTY COMMISSIONERS (BCC) APPROVE A BUDGET AMENDMENT, TRANSFERRING FUNDS FROM CAPITAL - IMPROVEMENTS GENERAL OF THE IMMOKALEE BEAUTIFICATION FUND 156 IN THE AMOUNT OF $87,370.00 TO THE IMMOKALEE MAIN STREET BEAUTIFICATION (SR 29) PROJECT # 66073. OBJECTIVE: To obtain BCC approval of a budget amendment that will allow funds in Capital Improvements General to be transferred to the Immokalee Main Street Beautification project # 66073. CONSIDERATION: The Immokalee Beautification MSTU Advisory Committee has approved the need for design and installation of landscaping, irrigation, hardscape, sidewalks, lighting, and curbing of Main Street (SR 29). This project will help in the continuing beautification of the Immokalee area. West Main Street will be called Phase II, Sub-Phase B, and East Main Street will be called Phase III. ,~x~-FISCAL IMPACT: The funds are available in the non-project summary of the Immokalee Beautification Fund 156 GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the BCC approve and authorize the necessary budget amendment to transfer funds from Capital - Improvements General to the Immokalee Main Street Beautification project # 66073. S U BM iTTE D By: ~>-~ ~.Z..4,x~~ Date:~-z"'~/~ ' ~ ~ B,o~ Landscape Operations REVIEWED BY: ~/~~~'~'~ Date: 5-.//~/¢ z... Julio/F'~E, Se~ior Project Manager, Design eps. / REVEIWED Edwar~l'/[ Kal~, P.E.,~ransportation Operations DirectOr APPROVED BY: ¢/~. ~[f~ Date: 5'/~7/o~,.- Norm~ E. Feder, ,E,I(~P, Transportation Administrator / AGENDA No. Pg. / 3O CARSONS RD ark ~CURRY ALAMO Dave~ 2g 28 IMMOKALEE Library HeaJth CenterI NA36 Water Dept 8 ~~~'~ANITATION IDUMP ~ (PALM AVE) PALM RIDGE DR O 16 seminole Gaming Center l, SEMINOLE INDIAN RESERVATION 10 ._i~eM tion ~ · Youth Bool ~Z C~p · ~ ~ COLLIER CO BUN~ March 20, 2002 I. The meeting was called to order by Rita Ava]os at 3:55 p.m. II. ATTENDANCE: A. Members: Sharon Tims, Rita Avalos and Cherryle Thomas were present. Dorcas Howard was excused. B. Collier County: Bob Peterson and Val Prince, DOT Landscape Operations; Maria Benavides, Immokalee Housing Initiative Project representing Collier County Code Enforcement. C. Other: Michael McGee, McGee and Associates; Robert Kindelan, Commercial Land Management; Klm Long, Manpower Services. III. APPROVAL OF MINUTES: 2/20/02 minutes approved as meeting notes. This was due to the fact that there were only three members present and Cherrvle Thomas had not been present at the above meetings. The mot/on was made bv Sharon Tims and seconded by Rita Avalos. 1/16/02 minutes were also accepted as notes. The motion was made by Cherryle Thomas and seconded bv Sharon Tiros. IV. TRANSPORTATION SERVICES REPORT: Val Prince reported that no expenditures were made. Additional expenses will be for commercial land and street sweeping. Draft Budget was presented and motion was made to accept bv Cherrvle Thomas and seconded bv Sharon Tims. V. LANDSCAPE MAINTENANCE REPORT: Robert Kindelan reported that he was performing normal maintenance. Banners have been removed and will be returned to Chamber. Parking situation by 2nd St. by Spanish has been referred to Code Enforcement. Bench areas were pressured cleaned. VI. LANDSCAPE ARCHITECTS REPORT: Mike McGee stated that he took his normal ride around. Motion made by Cherryle Thomas and seconded by Sharon Tiros to designate Mike to begin work on Phase IIB for $29,170.00. Motion was passed unanimously. VII. OLD BUSINESS: Zoning Problems: No Update Marie Benavides to pass along minutes to Michelle Arnold. Code Enforcement was asked to look into the parking situation at the 99 cent store next to RCMA. Also discussed was the !act that there is no landscaping surrounding the patio. AGENDA ITEM No. / r.., ,~ ~ MAY 2 2002 3 B. Triangle Update: Will be going out to bid soon. It will be July before before money is available. C. Striping and curb painting: A section will be hand painted for test purposes. D. MSTU Ordinance: Committee will proceed with plans to add a business owner appointee. E. Bike Loop and Benches: Money has been allocated. VIII. NEW BUSINESS: Letter to Cherryle Thomas to vacate seat because of unexcused absences was read. Committee did not accept the letter because change in time of meeting should make it more convenient for Cherryle to attend meetings. Meetings changed to 4 p.m. Sharon Sims was elected chairperson and Rita Avalos was elected co-chair. Motion to accept made by Cherrvle Thomas and seconded by Rita Avalos. IX. PUBLIC COMMENTS: None X. ADJOURNMENT: 5:05 p.m. Motion by Cherrvle Thomas and seconded by Sharon Tims AGENDA ~E,.,~ No. /~; ~A¥ 2 8 2002 pg. /-/ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT AND CHANGE ORDER NUMBER 2 FOR THE 13t~' STREET SW BRIDGE DESIGN-BUILD CONSTRUCTION CONTRACT NO. 01-3223, PROJECT NO. 60012, PURCHASE ORDER NO. 204298, FOR $15,856.00 OBJECTIVE: To receive Board approval for a budget amendment and for Change Order Number 2 for additional contract services associated with the construction of the above referenced project. CONSIDERATION: On June 12, 2001, the Board of County Commissioners awarded a contract for professional design/build services to the Design-Build Team of American Consulting Engineers, PLC and Kelly Brothers, Inc. The "Request For Proposal" for the Design-Build Services addressed the construction of a bridge to span the Golden Gate Main Canal at 13th Street SW. The proposed bridge was to span the entire canal easement (which is 140 feet) incorporating two-twelve (12) foot lanes, two-five (5) foot sidewalks, and two-four (4) foot bike lanes. Recently the DESIGN BUILDER was preparing the canal embankment slope for placement of the "PetraFlex' slope protection when it was discovered that the existing storm water drainage outfall pipe cub,'erts, installed under the improvements to Golden Gate Boulevard Project Number 63041, required adjusting to match the 2 to 1 slope to be constructed under the Design Build project. The Golden Gate Boulevard Project contract only required that these outfalt pipe culverts, which are 24-inch by 38-inch elliptical reinforced concrete (ERCP) with flared end sections, be installed to match the existing slope of the canal. Due to the proximity of a 30-inch raw water main along the north side of the canal bank, it was not possible to adjust the slope to match the outfall pipes without impacting the amount of cover over the raw water main. To remedy this situation, the DESIGN BUILDER will extend the existing 24-inch by 38-inch ERCP. This will require that a cofferdam be installed at each of the two outfall pipe culverts; dewatering of the cofferdams (using pumps); the existing flared end sections be removed; placement of stone bedding material; the pipe culverts be extended; the flared end sections be reset; and the slope restored. In an effort to minimize the impact to the contract schedule, a Work Directive Change was issued on April 22, 2002, directing that the work be started immediately. This change order will also address an adjustment to the contract time associated with the delay of the start of construction and an adjustment to contract time for the outfall pipe culverts extension. The DESIGN BUILDER had originally intended to start construction press on February 20, 2002. The OWNER asked that construction be delayed until a conference could be held to announce the start of the bridge construction. The date was March 4, 2002. This results in an adjustment of thirteen (13) calenda The issue with the outfall pipe culverts was identified on April 17, 2002. The MAY 2OO2 negotiations, acceptance of the price, and agreement on an adjustment to contract time were made on April 22, 2002. A Work Directive Change was issued on April 22, 2002, directing the work to proceed and identifying an adjustment to contract time for seven (7) additional calendar days. This results in a total adjustment of twenty (20) calendar days; the final contract day is now July 10, 2002. The price proposal submitted by the DESIGN BUILDER has been reviewed and accepted by the Transportation Engineering and Construction Management Department and deemed fair and reasonable. TFISCAL IMPACT: A budget amendment for $15,856.00 is needed to transfer funds from the Transportation Supported Gas Tax fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the requested budget amendment and Change Order Number 2 in the amount of $15,856.00. SUBMITTED BY: Exving McMichael Project Manager DATE: REVIEWED BY: '- DATE:: APPROVED BY: Dale Bat: Principa ~on, P.E. Project Manager N Feder, Administrator Tramportation Services Division DATE: APPROVED BY: Steve Camell Director, Purchasing and General Services Attachments: Change Order Number 2 DATE: S//&32. NAY L~t 2UUZ May-Ol -0~ 04:0gP K~lly Brothors In¢ E~q~IB IT 'A" 941 4B2 ~014 P.Ol SIIIIlll Cz]mmeft~l Wtx3d · Co~f~le KELLY BROTHERS INC. MARINE CONTRACTORS DANNY KELLY May l, 2002 Mr. Scott Korpi American Constflting Engineer 4 i ! ! Land O' Lakes Blvd., STE. 310 [.and O' I,ukes, FI. 34639 .Subject: Golden Gate SW 13'" Bridge Project Proposal to Extend Two-24" x 38" ERCP lane Kelly Brothcrs, Inc. proposcs to furnish matcriaJs, manpower, cquipmcnl, tools, consumables and .superintendence 1o extend the two 24" x 38" ERCP outfaU line on the north hank oF the canal Our lump sum price is F~ccn Thousand Eight Hundred Fifty Six Dollars ($15,856,00) broken down as follows: Subconlrac! Works: 1.0 Mobilization 2 EA $900.00 $1,800.00 2.0 Build Coll~dam 2 EA !,200.00 2,400.00 3.0 Remove Existing Ends 2 EA 1,300.00 2,600.00 4.0 Stone bed and l~mp Out 2 EA 1,900.00 3,800.00 5.0 24" x 38" ERCP 32 LF 63.00 2,016.00 6,0 Remove Cofferdam 2 EA 900.00 1,800.00 KEll Mark up 1 LS 720.00 720.00 KBI (':anal Bank R.estoration I I,S 720.00 720.00 TOTAI, 15,856.00 All other 1crnts and conditions of thc main contract remains the same. Trust you will find the above in order. Vej:y-T~ly Yours. ~utista Pr/Cjec! Manager AGENDA ITEM ¥ MAY ',2002 Pi). 15775 Pine Ridge Road, Fort Myers, Florida 33908 · (941) 482-7300 FAX (941) 482-8014 EXRIBXT COLLIER COUNTY GOVERNMENT T~LANSPORTATION DIVISION TRANSPORTATION ENGINEERING AND CONSTRUCTION MANAGEMENT DEPARTMENT April 22, 2002 2675 S. HORSESHOE DR. SUITE 401 NAPLES, FL. 34112 (941) 774-8192 SUNCOM 751-8192 FAX: (941) 774-9370 American Consulting Engineers, PLC & Kelley Brothers, Inc. 4111 Land O' Lakes Blvd. Suite 310 Land O' Lakes, FL 34639-4402 Subject: 13th Street SW Bridge Design/Build Project Project No. 60012 RFP No,/Contract No, 01-3223 P,O. No. 201211 Acceptance of Price Proposal For Extension of 24" X 38" ERCP Dear Mr. Korpi, Please accept this letter as formal acceptance of the Design/Build Team's price proposal for extending the existing 24" X 38" elliptical reinforced concrete pipe on either side of the bridge along the northside of the Golden Gate Main Canal. As we discussed on the telephone today we agree to the lump sum price $15,856.00. Please provide us with a revised letter showing the breakdown of the revised lump sum price. As this work requires completion immediately to maintain the schedule for the completion of the bridge construction, a work order directive is being issued directing you to proceed with the work. This office will process a Change Order addressing this change in the contract scope and will need to have the Board of County Commissioners approve a Budget Amendment to provide the additional funding to compensate you for this extra work. This Change Order will include additional contract time attributed to the County delaying the start of work. As our February 21,2002 letter stated thirteen (13) additional calendar days will be added to the contract. MAY '2g, 2002 EX'~IBIT "A" The County appreciates your continued cooperation and support in the coordinating of this recent change. Should you have a question or comment, please do not hesitate to call. Respectfully, /~/ / /~, /~ I'L~, Ewing "$kip'"'~cMichaet Project Manager C: File 60012.02/04 Lyn Wood, Purchasing Dale Bathon, P.E., Principal Project Manager 2002 AGENE)~d~ PlAY ~v, 2002 Project # 60012 Change Order No. 2 13th STREET SW BRIDGE PROJECT NUMBER 60012 DESIGN-BUILD CHANGE ORDER NO. 2 TO DESIGN-BUILD SERVICES AGREEMENT This Change Order 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 "OWNER") and KELLY BROTHERS, Inc., whose business address is 15775 Pine Ridge Road, Fort Myers, Florida 33908 and AMERICAN CONSULTING ENGINEERS, PLC, whose business address is ;4111 Land O' Lakes Boulevard, Suite 310, Land O' Lakes, Florida 34639, a joint venture of corporations authorized to do business in the State of Florida (hereinafter collectively referred to as the "DESIGN BUILDER"). WITNESSETH WHEREAS, OWNER and DESIGN BUILDER currently have a valid desi~- build services agreement for the provision of design-build services including architectural and/or engineering design, permitting and consulting services, project/construction management services, and construction services for the design and construction of the 13th Street Bridge, RFP Number 01-3223, Project Number 60012 (hereinafter referred to as the "PROJECT"), the OWNER desires to modify the terms of said AGREEMENT, and towards that end it is necessary to provide additional construction services for the extension of the existing 24-inch by 38-inch elliptical reinforced concrete pipe culverts on the northside of the Golden Gate Main Canal, within the limits of the existing right of AGEblDA~ITEM way of 13th Street SW, said services more fully described below; and No. ~ k j__, t~ ~..~_ MAY 2002 Page 1 of 6 Pg. ~ 7 Project # 60012 Change Order No. 2 WHEREAS, OWNER and DESIGN BUILDER agree the additional services for the 13th Street SW PROJECT, for the services being contemplated under said AGREEMENT, are necessary. The DESIGN BUILDER will be required to provide construction services to accommodate the extension of the existing 24-inch by 38-inch elliptical reinforced concrete pipe (ERCP) culverts. The work involves the cost of mobilization, cofferdam installation and removal, extending the 24-inch by 38-inch ERCP, removal and replacement of the existing flared end sections, placement of stone bedding material, dewatering (by pumping), and dressing of the canal embankment slope. In order to maintain the project schedule, this work was authorized to start immediately. This change order also addresses an adjustment to the contract time associated with the delay with the actual start of construction and time needed to perform the installation of the 24- inch by 38-inch elliptical reinforced concrete pipe culverts. The DESIGN BUILDER had originally intended to start construction on February 20, 2002. The Ox,¥~TR asked that construction be delayed until a press conference could be held to announce the start of the bridge construction. The actual start date was March 4, 2002. This results in an adjustment of thirteen (13) calendar days. The issue with the outfall pipe culverts xvas identified on April 17, 2002. The negotiations, acceptance of the price, and agreement on an adjustment to contract time ~vere made on April 22, 2002. A Work Directive Change was issued on April 22, 2002, directing the work to proceed and identify/ng an adjustment to contract time for seven (7) additional calendar days. This results in an adjustment ofm'enty (20) calendar days; the final contract day is now July 10, 2002. Page 2 of 6 NAY 2002 Project # 60012 Change Order No. 2 WHEREAS, DESIGN BUILDER represents that he has the expertise and the type of professional and construction services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: 1.1 ARTICLE ONE DESIGN BUILDER shall provide to OWNER design-build services in accordance xvith Exhibit "A" of this Change Order as attached hereto. 2.1 ARTICLE TWO Ox,~ER a~ees to compensate DESIGN BUILDER for the additional ser~,ices rendered hereunder as described in Exhibit "A", and in accordance with said AGREEMENT. Reference to Schedule "D" as revised in this Change order shall not be construed as an acceptance or waiver by the acceptance or waiver by the OWNER of any late performance or failure to meet specific delivery dates by the DESIGN BUILDER under the terms of the AGREEMENT. All duration periods in Schedule "D" remain the same number of days, except that the additional services described in 2.1 above cause the following: Thirteen (13) calendar days will be added to the contract for the added work to address the delay in the actual start of construction. Seven calendar days will be added for the outfall pipe culverts extension. No. MAY ~, 2002 Page 3 of 6 Original Contract Time in Calendar Days: 175 Change Order Number 1 Contract Time Adjustment: 57 This Change Order Contract Time 20 Adjustment: Revised Contract Time itt Calendar Days: 252 Actual Notice to Proceed Date: Completion Date Based On Original Contract Time: Revised Completion Date: Project # 60012 Change Order No. 2 October 31, 2001 April 24, 2002 July 10, 2002 Contract fee adjustments are as follows (including this change order): Original Contract Amount: $ 1,329,228.79 Change Order No. 1 Amount: S 91,342.08 Change Order No. 2 Amount: $ 15,856.00 Revised Agreement Amount: $1,436,426.87 5. The AGREEMENT, except as herein amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Change Order to Professional Design-Build Services Agreement for the 13th Street SW Bridge project the day and year first written above. Page 4 of 6 NAY 24, 2002 DESIGN BUILDER: Project # 60012 Change Order No. KELLY BROTHERS~ Inc. Date: 5/9/02 Name: M. PATRICIA KREUTZER ITS' VICE PRESIDENT (CORPORATE SEAL) AMERICAN CONSULTING ENGINEERS, PLC ATTESt: /~ Date: By: Name: ITS: Page 5 of 6 AgpJql;~ i-ri:u MA~ 7.& 2002 Project # 60012 Change Order No. 2 ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Dwight E. Brock, Clerk By: James N. Coletta, Chairman Approved as to form and legal sufficiency: Page 6 of 6 AGEN[~ ITEM No. MAY 2~, 2002 ~.W~IBIT "A" Transportation Engineering & Construction Management Department WORK DIRECTIVE CHANGE PROJECT NAME: 13th Street Bridge Design/Build DATE OF ISSUANCE: 4/22/02 OWNER: Collier County Board of Commissioners CHANGE # 001 EFFECTIVE DATE: 4/22/02 PROJECT#: 60012 CONTRACTOR: American Consulting Engineers, PLC/KelIey Brothers, Inc. Design-Build Team Description: You are directed to proceed promptly with the following change(s): It was recently discovered that the existing outfall pipe and flared end sections on the northside of the Golden Gate Main Canal at two locations on either side of the bridge were constructed to match the existing slope of the canal under the Golden Gate Boulevard Project # 63041. The existing slope varied greatly from the proposed 2 to 1 slope proposed for the slope protection under the bridge, as a result the 24" X 38" Elliptical Reinforced Concrete Pipe need extended to match the proposed 2 to 1 slope. Purpose of Work Directive Change: To compensate the Contractor for the work to extend the existing 24" X 38" Elliptical Reinforced Concrete Pipe including the cost of mobilization, cofferdam installation and removal, removal and replacement of the existing flared end sections, placement of stone bedding material, and &watering (by pumping). MAY Z% 2002 Attachments: ~ claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). 05/06/02 2:03 PM Method of determining change in Contract Price: [] Unit Prices [] Lump Sum [] Other Estimated increase (decrease) in Contract Price $15,856.00 EXltlBIT "A" Method of determining change in Contract Times: [] Contractor's records [] Engineer's record [] Other Negotiated, based on impact to the current schedule. Estimated change in Contract Time: Increase or decrease by Lcalendar days. ACCEETED: Contractor tCZ'LL¥ BROTRERS, INC. AUTHORIZED: Owner s Repr0sdntative MAY 2002 Pg. 05/06/02 2:03 PM SCHEDULE D ~RCJECT SCHEDULE MAY '~, 2002 Pg. ~__~ EXECUTIVE SUMMARy, APPROVE AMENDMENT NO. 3 IN THE AMOUNT OF $535,432.45 TO THE CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT BY AGNOLI, BARBER & BRUNDAGE, INC., FOR THE DESIGN OF LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD,. COUNTY PROJECT NO. 60071, AND FOR THE DESIGN OF LIVINGSTON ROAD FROM PINE RIDGE ROAD TO IMMOKALEE ROAD, COUNTY PROJECT NO. 62071. OBJECTIVE: To obtain Board approval of the negotiated Amendment No. 3 to the Professional Services Agreement with Agnoli, Barber & Brundage, Inc., for the design of Livingston Road, County Project Nos. 60071 and 62071. CONSIDERATION: On June 8, 1999, the Board approved the Professional Services Agreement with Agnoli, Barber & Brundage, Inc., for the design of Livingston Road, County Project Nos. 60071 & 62071. Amendment No. 1 (under an emergency declaration by the Board) extended the limits of the project to include that segment of the corridor from Vanderbilt Beach Road to Immokalee Road. Amendment No. 2 was introduced to make Livingston Road a six-lane highway for its entire length. Amendment No. 3 will authorize us to compensate the consultants for all tasks modified or not predicted in the original contract or the subsequent amendments. Amendment No. 3 includes all costs associated with unpredicted legal issues related to Right of Way acquisition & eminent domain, fundamental changes to the previously- approved typical section configuration, and associated technical issues. Some of the technical issues include soil boring stakeout, survey of Florida Power & Light (FPL) transmission line locations, drainage system analysis and re-design, adjacent property access modifications (transpired during legal process), locations of a new gas line utility and additional utility re-design (due to utility master plan update), additional sound barrier wall design, archeological investigation, protected species surveys, expanded wetland impact mitigation negotiations, public hearings attendance, additional utility design to accommodate the proposed county regional park, additional structural design for traffic signals, modifications of traffic signal locations to avoid conflicts with FPL transmission lines clear zones, modification of street light design to accommodate new decorative lighting standards and FPL clear zone requirements, additional post-design services to accommodate new access locations and topographic earthwork verification. FISCAL IMPACT: Funds in the amount of $535,432.45 are available in the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: The project is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Amendment No. 3 to the Professional Services Agreement with Agnoli, Barber & Brundage, Inc., and authorize the Chairman to sign Amendment No. 3 as provided herein. 2002 SUBMITTED BY: REVIEWED BY: Dale A. Bathon, P.E., Principal Project Manager Direct r, Trans ~ortation Engineering & Construction Management Department APPROVED BY: Norman E. Feder, AICP Transportation Administrator Date: ~ ~ 2002 LIVINGSTON ROAD (GOLDEN GATE PARKWAY TO IMMOKALEE ROAD) AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 3 to the Agreement dated June 8, 1999 (hereinafter referred to as the "'Agreement") is made and entered into this __ day of ., 2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Agnoli, Barber & Brundage, Inc., authorized to do business in the State of Florida, whose business address is 7400 Tamiami Trail North, Suite 200, Naples, Florida 34108 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS. OXY ~'NER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Design of Livingston Road (G.G. Park~vay to Community School Entrance), Project #60071 and Livingston Road (Community School Entrance to Immokalee Road), Project #62071 (hereinafter referred to as the "PROJECT"), said services more fully described in said AGREEMENT: and WHEREAS, OWNER and CONSULTANT agree some additional services and modifications to the plans consisting of additional soil boring stake-out, survey of Florida Power and Light (FPL) transmission line locations, drainage system analysis and re-design, adjacent property access modifications, typical section changes to accommodate wider medians, locations of new gas line utility and additional utility system re-design, new overpass design, additional sound barrier wall design, archaeological investigation, Protected Species Surveys, wetland impact mitigation negotiations, Public Hearings attendance, South Florida Water permit modifications, additional utility design to accommodate the proposed regi. 06-081Y01.DOC / PN 7841 Documents I 2 8 2002 additional structural design for traffic signals, modifications of traffic signal locations to avoid conflicts with FPL transmission line clear zones, modification of street light design to accommodate new decorative lighting standards, consultation and expert testimony for Eminent Domain and Order of Taking hearings associated with right-of-way and easement takes, additional post design services to accommodate new access locations, topographic earthwork verification, stipulated agreement requirements, and additional expenses associated xvith blueprinting and copying costs and permit application fees, to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional sen, ices that will be required for completion of the project. NOW, THEEFORE, in consideration of the mutual covenants and provisions contained ncrem, parties a~ee as follows: ARTICLE ONE 1.t CONSULTANT shall provide to OWNER professional Engineering, Surveying, and Environmental services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Exhibit A and B of this Amendment as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Exhibit C, entitled "Exhibit C - Fees" for Basic Services an, Estimate of Additional Services, as outlined in said AGREEMENT with t 06-081YO 1.DOC / PN 7841 Documents MAY 2 8 2002 modifications to Exhibit A and B to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said PROJECT will be revised to reflect a completion date of May 1, 2001 for segment one (Phase 2) 100% plans and June 17, 2002 for segment two (Phase 3) 100% plans. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. 06-081Y01.DOC / PN 7841 Documents MAY 2 8 2002 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Design of Livingston Road the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. By: Approved as to form and legal sufficiency: A?5},tant C omr~ty Attorney Witness ~'it~ss ALmoli, Bt By: Guy P/ Brundage, Inc. President (CORPORATE SEAL) 06-081Y01.DOC / PN 7841 Documents AGIFf~D,.~ ITF~M No. MAY 2 8 2002 EXHIBIT A - SCOPE OF SERVICES PROJECT: Livin~,ston Road (G.G. Parkway to Community School Entrance), Proiect #60071 and Livingston Road (Community School Entrance to Immokalee Road), Project 62071 PARAGRAPH SERVICE A.3.1. Engineering and Land Surveys The CONSULTANT shall provide additional desig-n services for roadway and utility plans as follows: SEGMENT ONE (Phase 2): Golden Gate Parkway to Community School Entrance. The CONSULTANT shall provide field stakeout lbr boring locations for the proposed mast arm supports at the Wyndemere/Gray Oaks entrance road intersection. The CONSULTANT shall provide field stakeout for additional boring locations at detention area one, detention area two and along the outfall swale. o The CONSULTANT shall provide field survey locations of the Florida Power and Light (FPL) transmission facility located in the vicinity of the Wyndemere;Grey Oaks intersection. The CONSULTANT shall provide field survey locations of the new TECO;gas line installed along the easterly portion of the project. SEGMENT TWO (Phase 3): Community School of Naples Entrance to Immokalee Road The CONSULTANT shall provide a topographic and location survey for approximately 1,600 feet of the Orange Blossom Drive corridor west of the proposed Livingston Road. Topography will be taken at 100-foot intervals and all above-ground visible improvements will be located. 06-08 l Y01 .DOC / The CONSULTANT shall provide soil borings for the proposed extension of Orange Blossom Drive approximately 1,600 feet west of the proposed Livingston Road. The borings will be spaced at 200-foot intervals. Borings to a depth of 10 feet will be performed at every third boring location. All other borings will be hand augered to a depth of 6 feet. The lab results and summary will be incorporated into the Livingston Road geotechnical report previously prepared. The CONSULTANT shall provide field stake-out for boring locatic~ns,/itl~~TE~ proposed extension of Orange Blossom Drive approximately 1,600-- "" ~-~"~ x ':"l'eet West oi- - '.; -' the proposed Livingston Road. MAY 2 8 2002 PN 7841 Documents 5 A.3.3. Roadway and Utility Plans The CONSULTANT shall provide additional design services for roadway and utility plans as follows: SEGMENT ONE (Phase 2): Golden Gate Parkway to Community School Entrance The CONSULTANT shall revise and modify the drainage connection configuration at the Pine Ridge Road Intersection to accommodate storage and treatment of roadway runoff north of Pine Ridge Road into the drainage system south of Pine Ridge Road. The drainage piping design calculations and permit applications xvill be revised to adjust basin boundaries and the storm sewer configuration to accommodate the addition of bike lanes and an increase in the width of the traffic separator. This is based on field modifications required as part of the Pine Ridge roadway construction configuration and the inability to find other water management facilities north of Pine Ridge Road to accommodate the Phase II transition section. This work was performed only when alternate options and site constraints dictated no other opportunity. The CONSULTANT shall revise the typical sections and all affected roadway desig-n sheets to reflect a median width of 22 feet versus the original 15.5 feet. The CONSULTANT shall revise the drainage maps, typical sections, plan and profile sheets, intersection detail sheets, drainage structure sheets, cross section sheets, traffic control plans and signing and marking plans to modify the access to adjacent properties as follows: a. Delete the median opening shown at Station 239+50-+-*. Delete the deceleration lane and turnout into the Kensin~on development at Station 272~004-. Add a deceleration lane and turn out to the proposed Arlington Lakes development at Station 272+004-. do Add a deceleration lane and turnout into the proposed Brymvood development at Station 281+304-. eo The CONSULTANT will modify Community School of Naples entrance to accommodate a fight-in/fight-out connection for the existing Lusk Nursery site west of its intersection with the improved Livingston Road. This will maintain access to the Lusk site and be coordinated with the future interconnection between the Community School of Naples and Collier County Public School Administrative Center. 06-08 IY01.DOC / PN 7841 Documents MAY 2 8 2002 Modify the intersection of Livingston Road and the Community School of Naples entrance. The median opening at this intersection will be changed to a directional left mm for northbound traffic (90% plans). go Modify the intersection of Livingston Road and the Community School of Naples entrance. The median opening at this intersection will be closed (100% plans). The CONSULTANT shall revise the location of the proposed reclaimed water main due to additional median width, which caused insufficient room to be left for the reclaimed water main along the westerly right-of-way line. The CONSULTANT shall revise the typical sections north of the Pine Ridge Road intersection for the addition of bike lanes from Pine Ridge Road to the Community School of Naples entrance. The CONSULTANT shall revise potable water main locations due to conflicts with recently constructed gas utility lines and proposed landscaping along the corridor. The CONSULTANT shall modify the typical sections and affected roadway plan sheets to reflect the addition of a sound barrier wall from north of Golden gate Parkway to the southerly property line of the Wyndemere Country Club. The CONSULTANT will work with Community School of Naples engineer and Collier County Real Property Department to pursue alternate drainage design reconfiguration for the referenced site. This alternate analysis is based on the roadway taking of Water Management Facilities for the Community School of Naples within the proposed right-of-way. Alternate site analysis includes review of adjoining systems, property and development of alternate internal drainage facility for the Community School of Naples to accommodate the proposed constrTuction. This also includes correspondence and negotiations with Collier County Public School design engineer for the Administrative Center as additional alternative off site water management facilities and/or outfall. Consultant will work with Community School of Naples engineer to develop alternate drainage design and permit modification applications with the appropriate County, State and Federal agencies for these revisions. SEGMENT TWO (Phase 3): Community School of Naples Entrance to Immokalee Road The CONSULTANT shall provide additional drainage studies and design as follows: ao relocating Sable Ridge Drive (southern access to Livingstq Station 326+18 to Station 339+00. The entrance to Comm Naples/Collier County Public Schools Administrative Cen~ relocated to align with Sable Ridge Drive. Because reloca Modify drainage design and permit applications to accommodate ng t~8 2002 7 06-081 Y01.DOC / PN 7841 Documents point to this location might add additional water management concerns and wetland impacts, it is anticipated that this driveway will be permitted by Collier County Public Schools so that secondary and cumulative wetland permitting impacts are not attributed to the Livingston Road Project. Modify drainage design and permit applications to accommodate relocating Sandlewood Drive from Station 352+87 to the southern entrance of the First Baptist Church (Station 364+04). Design drainage improvements and modify permit applications to include the extension of Orange Blossom Drive approximately 1,600 ft west of Livingston Road. Coordinate with Vanderbilt Beach Road and Immokalee Road design consultants to attempt to accommodate storm water storage in Livingston road drainage facilities to compensate for shortfalls in the adjoining roadway segments. The CONSULTANT will meet with County staff and roadway design engineers to modify the Livingston Road segments that abut the referenced roadways. This includes meeting with County, other consultants and permitting agencies to accommodate the interconnection of these facilities. The goal is to optimize the county roadway design and minimize off-site takings required for water management purposes. This will require revised drainage plans, drainage calculations and permit applications to accommodate this item. Modify drainage plan and permit applications to accommodate Pelican Marsh underpass (Station 434+00+L) for the Touchstone parcel. This will require modification of the roadway drainage and the swale configuration. This will also need to be accommodated in the revised drainage permit applications. This item will be paid for by Watermark Communities. Modify the drainage design and cross sections to accommodate coordination with the Pelican Marsh berm proposed along the East Side of the roadway corridor where it abuts the Touchstone parcel. It is anticipated that a perimeter berm along this area will be developed by the private landowner that can be incorporated into the perimeter berming for the roadway so as to prevent redundant berms and swales in this area. This will require that the Tiburon design be coordinated with roadway design with regards to the perimeter berm and swale configuration. 06-081Y01.DOC / PN 7841 Documents Modify the storm water management system between Vanderbilt Beach Road and Immokalee Road into two separate drainage basins. The basin break will be at the existing effluent storage ponds near the Collier county Regional Park entrance. This redesign will allow the northern basin to discharge under Immokalee Road into the Immokalee Roa~ d~,fi,',,~! ^ TE · ' canal. This will also facilitate coordination of the Immokah e ~ad~ drainage with the Livingston Road design. The southern ba ;in will 8 pg. discharge into the Pelican Marsh drainage system to the west. This revision of the drainage system into two separate basins will help maintain adjoining water management facilities and accommodate off site flow capacities as requested by County staff. ho Modify paving, grading and drainage design to move the high points for the proposed roadway to the centerline intersection of Livingston Road and Collier County Regional Park driveways. The entrance locations were modified to accommodate on-site geometrics provided by the Collier County Parks and Recreation Department. This requires the roadway design and drainage plans to be modified in order to accommodate the revised locations and maintain good roadway drainage design. Review adjoining undeveloped tracts with Immokalee Road consultant, Collier County staff and Collier County Real Property to determine if any off-site adjoining properties could be developed into water management pond sites to facilitate the shortfall in drainage capacity on Immokalee Road. This will be coordinated and handled as a permit modification to the South Florida Water Management District permit. It is anticipated that this will include an environmental assessment of potential sites. Meetings and correspondence with County staff and permitting agencies to determine viability of sites for retention pond locations. Modif.v drainage design and permit applications to accommodate relocating Sable Ridge Drive and the Collier County Public School Administration Center driveway from Station 339+00 to Station 336+14 per Collier County Public Schools. Modify drainage design and cross sections to accommodate adding an additional eastbound right turn lane on Orange Blossom Drive into First Baptist Church. Revise the drainage connection with the Collier County Regional Park. The connection with the Livingston Road drainage system will be disconnected and a bypass pipe will be designed and included in the Livingston Road Phase III plans connecting the northern Collier County Regional Park's drainage outfall to the Cocohatchee Canal. Disconnecting the Park's outfall from the Livingston Road Drainage system will decrease the required pipe sizes connecting the proposed curb inlets. The drainage design and permit applications will be revised accordingly. mo Redesign the storm water outfall ditch along the south side of Village Walk to be replaced by a reinforced concrete pipe. This change was requested by the County to reduce costs for acquiring drainage easements from adjacent property owners. Modify drainage design and permit applications to accommc dual left turn lanes at the Collier County Public Schools Adh 06-081Y01.DOC / PN 7841 Documents 06-081 Y01 .DOC Center Drive and Sable Ridge Drive intersection. Revisions to the roadway alignment will be required to provide adequate space in the median for dual left turn lanes. The realignment of the roadway will impact the location of drainage structures and the storm water treatment area adjacent to the roadway. The CONSULTANT shall revise the drainage maps, typical sections, plan and profile sheets, side-street profile sheets, cross sections, intersection details, and signing and marking plans to address the following access modifications: ao Relocate Sable Ridge Drive (southern access to Livingston Woods) from Station 326+18 to Station 339+00. bo Add a 4-way signalized intersection at the Community School of Naples and Collier County Public Schools Administrative Center driveway intercopmect with Livingston Road to correspond with the proposed Sable Ridge Drive location (Station 339+00). Relocate Sandlewood Drive (northern access to Livingston Woods) from Station 352+87 to match the southern entrance of the First Baptist Church (Station 364+04). The median opening at this intersection will be changed to a directional left turn for northbound traffic. The proposed Sandlewood Drive will be revised to accommodate one entrance and one exit lane. Modify the intersection of Livingston Road and the north entrance to the First Baptist Church. The median opening at this intersection will be closed. Modify the roadway desig-n to include the extension of Orange Blossom Drive west from its intersection at Livingston Road approximately 1,600 ft to the stub-out provided by private developers for First Baptist Church of Naples and Oak Grove PUD. This will also include modifying the roadway plans to accommodate a signalized intersection with a full median opening. Additional sheets will be created and added to the Livingston Road plan set to accommodate this extension. Modify the roadway plans to accommodate the relocation of the Collier County Regional Park entrances and redesign of the intersections to accommodate the appropriate turn lanes, tapers, etc. based on revised traffic counts provided by Collier County Parks and Recreation Services. This will include development of the appropriate signalized intersection at the south entry. plan and profile sheet modifications to accommodate golf proposed for the reference project. This will include develo revised cross-section sheets and appropriate details to minin median width to accommodate elevated roadway and sidew: Coordinate with Watermark Communities, Inc. to develop the appropriate rt llnClemaq~; Ik dewily. 2 8 20:22 PN 7841 Documents 10 This will all be done according to Florida Department of Transportation standards with regards to sight distance, stopping distance, vertical curve criteria, etc. to assure that this is properly designed and permitted. This will require the modification of approximately 1,500 lineal feet of the project design and permitting. This will be paid for by Watermark Communities. Relocate Sable Ridge Drive and the Collier County Public Schools Administration Center driveway from Station 339+00 1o Station 336+ 14 per Collier County Public Schools. Add dual left turn lanes into the Collier County Public Schools Administration Center driveway in place of a single left turn lane. Adding the additional turn lane will require realigning Livingston Road (deflection) to provide adequate space within the median for dual left turn lanes. Make the following access management changes on the extended portion of Orange Blossom Drive: Close median opening on Orange Blossom Drive at Station 22+50, revise First Baptist Church main entrance on Orange Blossom Drive to accommodate three exit lanes, add an additional (second) eastbound right turn lane on Orange Blossom Drive into the First Baptist Church main entrance. Modify the intersection of Livingston Road and the entrance to Bridgewater Bay. The median opening at this intersection will be modified to a directional opening for northbound traffic on Livingston Road. Modifv the intersection of Livingston Road and the main entrance to the Collier County Regional Park to accommodate three exit lanes from the park and add a u-turn lane on Livingston Road for northbound traffic. Modify the intersection of Livingston Road and the entrance to Livingston Lakes. The median opening at this intersection will be modified to a directional opening for southbound traffic on Livingston Road. no Modify the intersection of Livingston Road and the entrance to Windsong Apartments and the St. Croix Apartments. The median opening will be closed. utilities at Vanderbilt Beach Road and points south. Utility line size determined based upon Collier County Master Utility plans and the associated with the Collier County Regional Park. It is anticipated The CONSULTANT will add sewer, and effluent line extensions from Immokalee Road south within the Livingston Road corridor to the proposed Collier County Regional Park. Again the purpose of these utilities is to serve the future Collier County Regional Park and eventually to be interconnected with '~at th~t~8 2aa2 06-081Y01.DOC / PN 7841 Documents 11 7. main will run from Immokalee Road to Vanderbilt Beach Road. It is anticipated that the effluent main and force main will be extended down to the Collier County Regional Park and terminated. The line sizes for the effluent and sewage will be determined based on usage proposed at the park provided by Collier County Parks and Recreation Services. It is anticipated that these utilities will be added into the roadway design as part of the separate utility plans and the drainage cross sections. It is anticipated that the consultant will prepare the appropriate Florida Department of Environmental Protection construction permit applications for the utilities to be processed along with the development of the final construction plans. The CONSULTANT will modify the roadway cross section on Vanderbilt Beach Road to reduce the cost of Right-of-Way acquisition. The grass strip between the sidewalk and the back of curb will be eliminated adjacent to the turn lanes. The CONSULTANT will revise the roadway design to accommodate decorative pavers in the median. Specific locations of the decorative pavers will be given to the CONSULTANT by the County's Landscape Architect. The CONSULTANT will add irrigation sleeves to the utility plans. Locations for the irrigation sleeves xvill be based on direction from the County's Landscape Architect. The CONSULTANT will modi~' the roadway plans, specifications and quantities to accommodate the revised median backfill requirements per County's Landscape Architect (txvice). The CONSULTANT will revise the 100°~, plans to match the Vanderbilt Beach Road location with the location provided by the County's consultant for the Vanderbilt Beach Road Project. The revision includes moving the location of the intersection and proposed improvements approximately four feet north. All plans and quantities associated with this portion of the Livingston Road Phase III project will be revised accordingly. A.3.5. Right-of-Way Maps The CONSULTANT shall provide additional right-of-way map services as follows: SEGMENT ONE (Phase 2): Golden Gate Parkway to Community School Entrance 1. SEGMENT TWO (Phase 3): Community School of Naples Entrance to Imn The CONSULTANT shall attend additional meetings and prepare additional documents for preparation and attendance at depositions and trials associated with right-of-way acquisitions. No'~'GENr~l¢ 12 06-081Y01.DOC / PN 7841 Documents MAY 2 8 20a2 The CONSULTANT shall attend additional meetings and prepare additional documents for preparation and attendance at depositions and trials associated with right-of-way acquisitions. The CONSULTANT shall prepare right-of-way maps for the extension of Orange Blossom Drive approximately 1,600 feet west of the proposed Livingston Road. The CONSULTANT shall revise sketch and descriptions and right-of-way maps along Vanderbilt Beach Road. Changes in the proposed right-of-way have been requested by Collier County Real Property to reduce the cost of right-of-way acquisition. The CONSULTANT shall revise the fight-of-way maps to reflect the elimination of the proposed expansion of the drainage easement that runs along the south side of Village Walk. The CONSULTANT was directed by the County to design a reinforced concrete pipe to replace the existing open channel. The CONSULTANT shall revise the fight-of-way maps to reflect realignment of Vanderbilt Beach Road per County's Consultant. A.3.6. Signal Plans The CONSULTANT shall provide additional signal plan design services as follows: SEGMENT ONE (Phase 2)' Golden Gate Parkway to Community School Entrance The CONSULTANT will provide a structural design for the proposed mast arms at the Wyndemere/Grey Oaks intersection. The CONSULTANT will modify' the mast arm locations at the Wyndemere/Grey Oaks intersection in order to provide the required clear zone between the FPL transmission line facility and the mast arms. SEGMENT TWO (Phase 3): Community School of Naples Entrance to Immokalee Road The CONSULTANT will provide structural design of the proposed signal mast arms and will also modify the design of the proposed signals to accommodate changes to the signalized intersections pursuant to Section A.2.3.2.b, e, f, i, and 1 above and to the Vanderbilt Beach Road intersection. A.3.8. Street Lighting Plans The CONSULTANT shall provide additional street lighting design setwices as follows: SEGMENT ONE (Phase 2) Golden Gate Parkway to Community Schoc 06-081Y0I.DOC/PN 7841 Documents 13 MA~ 2 8 2002 A.3.9. The CONSULTANT will modify the street lighting plans at the Wyndemere/Grey Oaks intersection in order to provide the required clear zone between the FPL transmission line facility and the street lighting poles. SEGMENT TWO (Phase 3) Community School of Naples Entrance to Immokalee Road. The CONSULTANT will modify the street lighting plans to comply with the OWNER'S new decorative lighting standards and fixtures. Permits The CONSULTANT shall provide additional permitting services as follows: SEGMENT ONE (Phase 2): Golden Gate Parkxvay to Community School Entrance The CONSULTANT will prepare an archaeological investigation and report for the Livingston Road project site. This will include field investigation, historical research and development of an archaeological report to support the U.S. Army Corps of Engineers dredge and fill permit application of the subject project. This was coordinated with the CONSULTANT team to address specific concerns from the permitting agency. The CONSULTANT will prepare a protected species survey. This will include the preparation ora report to support the U.S. Army Corps of Engineers dredge and fill permit application of the subject project. Prior to construction activities, the CONSULTANT will survey' the project site for the presence of active Big Cypress fox squirrel nests. The CONSULTANT will meet with South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers to negotiate off-site mitigation for wetland and wildlife impacts. The CONSULTANT shall provide additional services to modify the South Florida Water Management District (SFWMD) permit to provide for construction approval for the six (6)-lane configuration and access revisions. SEGMENT TWO (Phase 3): Community School of Naples Entrance to Immokalee Road 06-081YO I.DOC / PN 7841 Documents The CONSULTANT will prepare an archaeological investigation and report for the Livingston Road project site. This will include field investigation, historical research, and development of an archaeological report to support the U.S. Army Corps of Eng/neers dredge and fill permit application of the subject project. This was coordinated with the CONSULTANT team to address specifi< ~oncern.q fi.nm the permitting agency. AGEND,~TE~I~-- NO. ~ l.t C __ MAY 2 8 20&2 The CONSULTANT will prepare a protected species survey. This will include the preparation of a report to support the U.S. Army Corps of Engineers dredge and fill permit application of the subject project. o Prior to construction activities, the CONSULTANT will survey the project site for the presence of active Big Cypress fox squirrel nests. ° The CONSULTANT will identify and mark SFWMD jurisdictional wetland lines within the project area north of Vanderbilt Beach Road. o The CONSULTANT shall provide additional services to modify the South Florida Water Management District (SFWMD) permit to provide for conceptual approval for the six (6)-lane configuration of Phase 3 South. o The CONSULTANT shall provide additional services to modify the South Florida Water Management District (SFWMD) permit to provide for construction approval for access revisions and the roadway extension (Phase 3 North). The CONSULTANT will meet with South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers to negotiate off-site mitigation for wetland and wildlife impacts. A.3.1 1. Advisory Sen'ices SEGMENT ONE (Phase 2): Golden Gate Parkway to Community School Entrance The CONSULTANT will prepare exhibits and attend a public meeting on April 4. 2001, to take questions and comments from the public concerning this project. The CONSULTANT will prepare exhibits and attend a public meeting to take questions and comments from the public concerning this project just prior to construction start. The CONSULTANT will prepare exhibits and attend a meeting to coordinate utilities within the roadway corridor. This meeting will include coordination with representatives from all utility service providers that may be affected by this project. SEGMENT TWO (Phase 3): Community School of Naples Entrance to Immokalee Road The CONSULTANT will prepare exhibits and attend a public meeting on April 4, 2001, to take questions and comments from the public concerning this project. ° 06-081 Y01 .DOC / PN 7841 Documents The CONSULTANT will prepare exhibits and attend a public meeting on August 21,2001 at the Community School of Naples to take questions and coyoments .... from the public concerning this project at the time of the 90% plan subn~l~l~D~ !'I-F-,['; , No tv -3 -"i MAY 2 8 2002 ~5 The CONSULTANT will prepare exhibits and attend a meeting to coordinate utilities within the roadway corridor. This meeting will include coordination with representatives from all utility service providers that may be affected by this project. A.3.12. Post Design Services SEGMENT ONE (Phase 3) Golden Gate Parkway to Community School Entrance The CONSULTANT shall revise the construction plans to show the As-Built location of the newly constructed 20 inch reclaimed water main. The CONSULTANT shall revise the construction plans to add an access for Sprint Telephone system maintenance at Station 194+ 12 and an access for farming activities at Station 246+22. The CONSULTANT shall revise the construction plans to add an entrance for the Balmoral PUD at Station 258+10 including required drainage system modifications to accommodate the entrance. The CONSULTANT shall revise the construction plans to add an entrance for Landscape Florida property at Station 262+08 including required PGL and drainage system modifications to accommodate the entrance. The CONSULTANT shall revise the construction plans to revise the drainage system at the Grey Oaks entrance to avoid conflict with recently relocated FPL facilities. The CONSULTANT shall revise the construction plans to delete construction of the gravity xvall from Station 290+38 to 298+71.6.4. The CONSULTANT shall revise the construction plans to show the modified entrance configuration to the Lusk property, to delete construction of the gravity wall along the Lusk properly, and to add construction ora force main for the Lusk property. o The CONSULTANT shall modify the construction plans to revise the lighting plans to accommodate the Livingston Road unified lighting design for the Livingston Road corridor. The CONSULTANT shall perform additional topographic earthwork analysis regarding Detention Area 2. The CONSULTANT shall update the existing ground line and cross-sections per new survey data and revise the earthwork calculation and quantities. 10. The CONSULTANT shall make various revisions to the constructio! plallI12lt~Nl~ requested by the OWNER. No. {l~tl'h ! PlAY 06-081Y01.DOC / PN 7841 Documents 16 } B.3.1. Reimbursable Expenses SEGMENT ONE (Phase 2): Golden Gate Parkway to Community School Entrance 1. The CONSULTANT shall be compensated for additional expenses associated with out-of-town travel to attend a SFWMD Board meeting for the water management permit. 2. The CONSULTANT shall be compensated for expenses associated with providing additional copies of plans for permitting, bidding purposes and special requests by the Project Manager and County Attorney. SEGMENT TWO (Phase 3): Community School of Naples Entrance to Immokalee Road 1. The CONSULTANT shall be compensated for additional expenses associated with out-of-town travel to attend a SFWMD Board meeting for the water management permit. 2. The CONSULTANT shall be compensated for expenses associated with providing additional copies of plans for permitting, bidding purposes and special requests by the Project Manager and County Attorney, 06-081Y01.DOC/PN 7841 Documents 17 MAY 2 8 2002' AGEIIDMTE,H_.,._ MAY 2 8 2002 AGI~I~IT~,M~. No. [~ "gl' MAY 2 8 2002 EXHIBIT C FEES PROJECT: Livingston Road (G.G. Parkway to Community School Entance), Prolect #60071 Livingston Road (Community School Enwance to/mmokalee Road), Prolect #62071 Paragraph Service SEGMENT ONE (Phase 2) Golden Gate Parkway to Commumty School Entrance A.3.1 Engineering and Land Surveys A.3.3. Roadway and Utility Plans A.3.5. R~ight-o f-way Maps A.3.6. Signal Plans A.3.8. Street Lighting A.3.9. Permits A.3.11 Advisory Services A.3.12 Post Design Services {Exhibit B) B.3.1 Reimbursable Expenses SEGMENT TWO (Phase 3) Commumty School Entrance to Immokalee Road A.3.1 Engineering and Land Sur,'eys A.3.3 Roadway and Utility Plans A.3.5. Right-of-way Maps A.3.6. Signal Plans A.3.8. Street Lighting A.3.9. permats A.3.11 Advisory Services B.3.1 Reimbumable Expenses Total Additional fees DATE: Fe~ Type Fixed Fixed Fixed Fixed Fixed Fixed Fixed Fixed T&M Fixed Fixed Fixed Fixed. Fixed Fixed Fixed T&M 9-May-02 Fixed Fee or Estimated Amount $19,775.50 $105,631.00 $19,776.00 $10,642.00 $4,879.00 $12,935.00 $3,565.00 $32,512.25 517,553.20 $4,045.00 $191,469.50 $20,457.00 $11,800.00 $5,388.00 $59,410.00 $6,738.00 $8,856.00 $535,432.45 Page 1 of 1 AGEblD& ITEM MAY 2 8 2002 EXECUTIVE SUMMARY ACCEPT A WARRANTY DEED FOR ROAD RIGHT-OF-WAY IN ACCORDANCE WITH THE TERRAFINA PUD DEVELOPER COMMITMENT AND QUITCLAIM TO THE OWNERS ANY INTEREST THE COUNTY MAY HAVE IN A 60 FOOT STRIP OF LAND ALONG THE SOUTH BOUNDARY OF THE WEST HALF OF THE TERRAFINA PUD. f}R.II~CTIVE: To accept the conveyance of an 80 foot wide strip of land for road right-of-way, via warranty deed, which was made a part of the developer's Transportation Commitments within the Terrafina PUD (Ordinance No. 2001-71); and to remove the cloud of title to certain lands within the Terrafina PUD which exists by virtue of a dedication recorded in the public records in October 1972. CON,qli~F, RATION: Section 8.2 H of the Terrafina PUD requires the owner / developer to convey an additional 20 feet of land to Collier County to combine with what was thought to be an existing 60 feet of fight-of-way, to form a combined 80 foot wide right-of-way corridor along the western boundary of the Terrafina PUD. It was discovered that the "existing" 60 feet of right-of-way along the western boundary was created through the recording of a "Dedication" in Official Records Book 484, Page No. 524. This Dedication, ho;vever, clearly states, "This Dedication and the recording of the same shall not place any duty, burden or liability upon Collier County, by formal act of the governing body, to accept the property herein and hereby dedicated, nor obligate Collier County to improve the aforesaid property in any manner, nor shall acceptance of this dedication by formal act of Collier County obligate Collier County to improve the aforesaid property in any manner." Furthermore, no record of the acceptance of said dedication by the Board of County Commissioners has been found. Because of these circumstances, the owner / developer has agreed to convey, not just the 20 foot strip of land referenced in the PUD document, but to convey instead, via warranty deed, the entire Western 80 feet of the Terrafina property to Collier County. This strip of right-of-way will form the northerly extension of Olde Cypress Boulevard. In conjunction with the conveyance of the 80 feet of right-of-way required under the terms of the Terrafina PUD, the developer has requested that Collier County quitclaim any interest it may have in a second strip of land described in the Dedication recorded in OR 484, Page 524. This strip of land is described as the West 2,670 feet of the South 60 feet of Section 16, Township 48 South, Range 26 East. Crossing a wetland slough as it does, this 60 foot strip is of no use to the County, and the above-- referenced Dedication, the acceptance of which remains unproven, merely exists to cloud title to the subject real estate. Hence, the County is simply consenting to reasonable request to remove the cloud on title created by this "wild" dedication, and is not, therefore, obliged to follow any procedures set forth either for the transfer of surplus property or for the vacation of any easement interests. MAY 2002 FISCAl, IMPACT: Recording of the 2-page Warranty Deed in the Public Records will cost $10.50 [~ payable to the Clerk of Court. No other expenses are anticipated as a result of the Board's approval of · the recommendations made herein. Funds are available in the Transportation Supported Gas Tax Fund. 60171. GROWTH MANAGEMENT IMPACT: The extension of Olde Cypress Boulevard is anticipated as part of the County's Transportation Network, and as such, is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: Accept the conveyance of the Westerly 80 feet of Section 16, Township 48 South, Range 26 East, by warranty deed, and authorize staffto record same in the public records; and Authorize its Chairman to execute a Quitclaim Deed as to the West 2,670 feet of the South 60 feet of Section 16, Township 48 South, Range 26 East; and 3. Authorize the delivery of said Quitclaim Deed to the property owner for recording. PREPARED BY'~, vin H~ ~-/, kight-of-Waykh&~ag DATE: DATE: APPROVED BY:No~ n Feder, AICP, Transportation AGENI3~ ITEM MAY 2002 Return to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady LLP 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 WARRANTY DEED THIS INDENTURE made this /'(-~ day of, . , 2002, between ROBERT VOClSANO, as Trustee under Land Trust Agreement ~lated May 24, 1995, (hereinafter "GRANTOR"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, its successors and assigns, (hereinafter referred to as "GRANTEE"). WITNESSETH: That said GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration to said GRANTOR, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE, and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to wit: The Westerly eighty (80) feet of Section 16, Township 48 South, Range 26 East, Collier County, Florida. Subject to easements, restrictions and reservations of record; oil, gas and mineral rights reserved to prior owners; and real estate taxes for the year 2002 and ail subsequent years, being a portion of the property bearing Folio No. 001 83600000. and said GRANTOR does hereby fully warrant and defend the property hereby conveyed against the lawful claims and demands of all persons. IN WITNESS WHEREOF, GRANTOR has hereunto set Grantor's hand and seal the day and year first above-written. QBNAP\344439.2 MAY 2002 Signed, sealed and delivered in our presence: ~..~.. O~..-~-w ~ . ~ ~.~.~_ , ~ ~ ~ W~tness No. 1 ~ture WitneSS. 1 Print~d~ame ~ness ~o. 2 Signature Witness No. 2 Printed Name ~"{'~(~BER"T~V~C~'ANO, as Trustee under Land Trust Agreement dated May 24, 1995 STATE OF COUNTY OF C~1'//££~ The foregoing instrument was sworn to and acknowledged before me this //,'~/ day of £~/ , 2002, by ROBERT VOClSANO, as Trustee under Land Trust Agreement dated May 24, 1995, who is personally known to me.  )/TA RY · ~ . /)~.,~./ T'~PED, PRINTED OR'TAMPED NAME My Commission Expires: QBNAP\344439.2 2 AGENDA ITEM No. ~t/,¼ ~_ MAY ~ ~, 2002 MAP SHOWING TERRAFINA EXECUTIVE SUMMARY APPROVAL OF TWO (2) ROAD IMPACT FEE REFUND REQUESTS TOTALING $144,090.00 OBJECTIVE: To obtain Board of County Commissioners approval of two (2) Road Impact Fee refund requests totaling $144,090.00. 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 regarding 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 example, 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 lawfully remitted. Dolphin Cove Development of Goodland, Inc. ($37,400.00) - On November 28, 2000, Agenda Item 13.A.(1)., the Board revoked Building Permit No. 2000080869 for the Dolphin Cove condominium development and gave staff direction not to issue any other permits authorized by Site Development Plan No. 98-40. However, neither the text of the executive summary nor the Board's approved motion included express language authorizing the refund of $37,400 in Road Impact Fees previously paid on February 10,1999 for Building Permit No. 1998101339. AGENDA ITEM MAY 2 8 2002 Road Impact Fee Refunds Page 2 Collier County Development Co. ($106,690.00) - On September 8, 2000, LB/P Groveway, LLC (the Developer) entered into a developer contribution agreement with Collier County entitling the Developer to Road Impact Fee credits in exchange for the conveyance of certain right-of-way property for the future construction of Livingston Road. LB/P Groveway subsequently assigned impact fee credits to Collier County Development Co., a division of Henning Construction Co. (the Builder), to be applied toward 21 residential building permits in the Bridgewater Bay development in the Oak Grove PUD. However, the Builder mistakenly paid the Road Impact Fees by check rather than applying to use the assigned impact fee credits. The total amount mistakenly paid by check was $106,690.00. Staff has determined that the least cumbersome way to resolve this situation would by to refund the above dollar amount to the Builder and make corresponding debit entries in the applicable impact fee credit ledger, offsetting the amount of the refund. k,Q~FISCAL IMPACT: The recommended Road Impact Fee refunds will be transacted as debit entries against the applicable revenue budget tine items in the following amounts: Road Impact Fee District Four (S. County & Marco Isl.) - Road Impact Fee District One (North Naples) - Total: $ 37,400.00 $106,690.00 $144,090.00 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 Impact Fee refund requests, totaling $144,090.00; and that the Board approve any related budget amendments that may be required. SUBMITTED BY: ~~ Date: Phillip R? ['indall, Impact Fee Coordinator APPROVED BY: / ~ ~~' Date: Ng~/n E F~er,' ~CP, Administrator Trap~ation Se~ices Division AGENDA MAY 2 8 2002 EXECUTIVE SUMMARY RESOLUTION TO ESTABLISH A "NO PARKING" ZONE ALONG CRESCENT LAKE DRIVE AS PLATTED IN CRESCENT LAKE SUBDIVISION, PLAT BOOK 13, PAGE 65-67 FROM ITS INTERSECTION WITH AIRPORT ROAD TO ITS INTERSECTION WITH CAMPBELL CIRCLE. APPROXIMATELY EIGHT SIGNS WILL BE NEEDED AT A COST OF $100 EACH FOR A TOTAL OF $8O0 OBJECTIVE: Approval of the Board of County Commissioners to establish a "No Parking" zone along Crescent Lake Drive as platted in crescent lake subdivision, Plat Book 13, Page 65-67, from its intersection with Airport Road to its intersection with Campbell Circle. CONSIDERATION: Upon the request of a resident that a parking prohibition be established along Crescent Lake Drive in the platted subdivision known as Crescent Lake, the Transportation Operations Department conducted a site investigation. Based on the roadway geometry and layout of the subdivision, it is apparent that any obstruction to Crescent Lake Drive could seriously hinder emergency traffic. It is, therefore, recommended that the Board of County Commissioners prohibit stopping or parking along Crescent Lake Drive from its intersection with Airport Road to its intersection with Campbell Circle. FISCAL IMPACT: The estimated cost for the installation of the new signs is $800.00 (8 signs ~ $100 each). Funds are available in Road and Bridge Fund 101. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution, notif~v the Sheriffs Department of the parking restriction, and direct the Transportation Operations Department to t~ install the appropriate signing. / Robert W. Tipton, P.E., T-,J~ffic Operations REVIEWED . ,/~/~-- ~ Date ¢'~'- / 4' ~ ~/]k/'z-t'~~~ ;~ Date: 'Edward an sportation Operations Direct APPROVED BY: LX 57-. ",,/'~ Norn~ar ~. Fedtei-, ,K.I.C.P., Transportation Administrator tqo. ,. [!01% W - MAX 2002 Pg. 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 32 33 34 35 36 38 39 4O 41 42 43 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 RESOLUTION NO. 2002- RESOLUTION TO ESTABLISH A "NO PARKING" ZONE ALONG CRESCENT LAKE DRIVE AS PLATTED IN CRESCENT LAKE SUBDIVISION, PLAT BOOK 13, PAGES 65-67 FROM ITS INTERSECTION WITH AIRPORT ROAD TO ITS INTERSECTION WITH CAMPBELL CIRCLE. WHEREAS, on May 20, 1980, the Board of County Commissioners adopted Collier County Ordinance No. 80-47 regulating parking in the unincorporated areas of Collier County; and WHEREAS, Section Four, Paragraph 2 of said ordinance authorizes the Board of County Commissioners to adopt resolutions designating certain areas along County roads as being areas in which parking, standing or stopping are restricted or prohibited, and upon adoption of said resolutions by the Board of Commissioners, such roads shall be posted with signs specifying the restrictions or prohibitions of parking, standing, or stopping; and WHEREAS, a request has been submitted for the establishment of a "no parking" zone along Crescent Lake Drive a platted public roadway in the Crescent Lake Subdivision as recorded in Plat Book 13, Pages 65-67; and WHEREAS, through an investigation of the area by Collier County Transportation Operations Department, it has been determined to be in the interest of the County to establish a "No Parking" Zone along the public road fight-of -way within the platted areas of Crescent Lake Drive. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT the following County road right- of-way be designated as a "No Parking" Zone and said road be posted as necessary with signs specifying that parking is prohibited at any time: "NO PARKING" is to extend along Crescent Lake Drive as recorded in Plat Book 13, Pages 65-67 of the Public Records of Collier County from its intersection with Airport Road to its intersection with Campbell Circle. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: JAMES N. COLE'IrA, Chairman Approved as to form and legal sufficiency: H;idi'F. Assistant Collier County Atlorn~y 2002 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF SOLE SOURCE CARTRIDGE FILTERS FROM GEORGE S. EDWARDS CO. INC. IN THE AMOUNT OF $51,488.50 OB,IE~: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve the sole source purchase of cartridge filters from George S. Edwards for the North County Regional Water Treatment Plant (NCRWTP) in order to protect the reverse osmosis membranes. CONSIDERATION: Over the past two years, Staff at the NCRWTP has conducted testing on alternative cartridge filters. The filters tested showed a loss of efficiency and increased susceptibility to bypass or breakthrough of particulate matter. The result of this inef~iency could result in shortened life of membrane elements and increased capital costs. Over the test period no cost savings were noted between the filter being tested and the Betapure filters which have been used exclusively by the facility since December, 1993. In reviewing the test results, the lack of savings and the improved safety provided by the Betapure falters, it is requested that George S. Edwards Co. be renewed as the sole source supplier of Betapure cartridge falters for the NCRWTP membrane pre-treatment process. FISCAL IMPACT: Fiscal impact of the purchase of these filters will be in the mount of $51,448.50 for a complete set of replacement filters. Funds are available in the County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENI)ATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve the sole source purchase of Betapure cartridge falters from George S. Edwards Co. for the North County Regional Water Treatment Plant. SUBMITTED BY: Steve/I.(ang, Water ~ Superintendent Pa(ul Mat~ahsch, Water Director §de Carneli, P~chasing/GS Director Ti~o)~nas G. Wides, Interim l~l~lic Utilities Adminis Date: _g~//? /~"~___ Date: Filter Systems ~UNO INCORPORATED 400 Re~earcl3 Pukway ;,4er~en, C? 0S4,S0, U,S.A 237~5Sz 1,8(X3.243-6894 2,38-~977. (3'3S' 238-8716 October 29, 2001 Collier County Utilities ATTN: Barry Erickson Dear Mr. Erickson Cuno holds the soi~: licensing rights to manufacture, market and sell the Cuno Betapure ® in the United States and Canada. No other manufacturers produce a Polyolefin fil'.~er that provides the rigid structure found in B<~.tapure ®. Cuno has also de~.,~,gnated the George S Edwards Compa'~y as the sole distributor for our fill:er products in the state of Florida. Sincerely, Mike Nickerson Director cf Sales cc: M. Byrne R. Evans P. Maronna 2002 EXECUTIVE SUMMARY AWARD RFP 02-3339 FOR CONSTRUCTION & DEMOLITION WASTE ARTIFICIAL REEF RECYCLING TO COMMITTEE'S SHORTLIST SELECTION OF FIRMS, McCULLEY MARINE SERVICES INC., FOR AN ESTIMATED ANNUAL AMOUNT OF $250,000. OBJECTIVE: Obtain Board's approval of Committee's shortlist selection of firms for CONSTRUCTION & DEMOLITION WASTE ARTIFICIAL REEF RECYCLING to provide on- going recycling of C&D toward environmentally beneficial use to enhance fisheries and diving activities. CONSIDERATIONS: On February 26, 2002, a Request for Proposal was issued pursuant to the Board direction that was received on June 26th, 2001 as a follow up to previous presentations and workshops. Notices were mailed to 127 firms, and 17 firms requested full proposal packages. Two (2) proposal responses were received by the April 5th, 2002 deadline and were distributed to the Selection Committee members at a meeting on April 11, 2002. The Selection Committee met on May 1,2002, which resulted in the following shortlist by consensus: 1. McCULLEY MARINE SERVICES INC. 2. KELLY BROTHERS, INC. The Selection Committee members wish to award the contract to McCULLEY MARINE SERVICES INC. based on better qualifications and a better facilities operation and maintenance plan. All Selection Committee members ranked McCulley Marine Services Inc. first and Kelly Brothers, Inc. second. FISCAL IMPACT: Funds for this service are available in Solid Waste Disposal Fund (470) Reserves, Reserves for Capital Outlay and Reserves for Contingencies. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners: 1. Award RFP 02-3339 for CONSTRUCTION & DEMOLITION WASTE ARTIFICIAL REEF RECYCLING, to the Committee's selection of McCULLEY MARINE SERVICES INC. 2. Authorize the Chairman to sign the standard contract after negotiation by staff and approval by the County Attorney 3. Authorize staff to do necessary budget amendments. SUBMITTED BY: ~ '~-~* ---~ ~ Date: ,~'.,/'/ 4// z_. G. George Yilmaz, Ph.D., P.E., P.H., Solid Waste Director -- AGENDA ITEM No./_(.,c MAY 2 8 ; 002 REVIEWED BY: REVIEWED BY: ~'~1~, Date: ~- Purchasing/General Services Director Tho 'des, interim Public Utilities Administrator HAY 2 8 2002 PG., c:~ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $16.50 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the 1 account that has been paid in full for the 1991 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $16.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign this 1 Satisfaction of Lien for the 1991 Solid Waste Collection Services Special Assessment Lien. MAY 2 8 2002 Prepared by: Reviewed by: Reviewed by: Approved by: Ilis, ,Reve~u~-Sup~rv's Utility Bill~ and Customer S.ervice Te'~esa~A. Rie~en, Revenue Manager Utility Billing and Customer Service John. Yonkosky, ~)ire-~stor ~'- Utilit~illing and ~er Service Torn Wides, Interim Administrator Public Utilities Division Date: Date: Date: Date: HAY 2 8 2002 29 30 31 32 33 34 35 26 38 39 40 41 RESOLUTION NO, 2002 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 199'1 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 6 7 8 9 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board l0 of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing 11 the recording of notices of liens for the delinquent solid waste collection and disposal i: services special assessments for 1991; and ~ WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official !4 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, ~.5 Florida, which placed a lien on certain properties for the delinquent solid waste collection 16 and disposal services special assessments for 1991; and ~- WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to ',~ approve by Resolution and record in the Official Records a Satisfaction of Liens on all ~_9 accounts that have been paid in full. :,~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County _'2 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 2_~ 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the _'4 following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, 25 whereupon a lien had been recorded on real property pertaining to the accounts identified :d herein. The Satisfactions of Lien attached hereto referencing the accounts identified 27 herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the :s Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: 45 46 47 49 Account No. 79701 This Resolution adopted this__ second and majority vote day of ,2002, after motion, MAY 2 8 g002 PG. ~ ATTEST: DWIGHT E. BROCK. CLERK 5 6 7 8 9 Approved as to form and to legal s u ~7.~y: 13j~¢/D~vid'C. V~/~ ~et ~4" County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN I~/~Y 2 8 20U2 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941 ) 774- 8400 Property Folio No. 62416480003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pope, Jeffrey & Kathleen A 781 103~ Ave N Naples, FL 339630000 The Lien was recorded on the 19~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 1 BLK 9 LOT 5 OR 1286 PG 1806 Folio No. 62416480003 Project No. 60000 Account No. 79701 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~iency I<. ROBERT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN .o.._.~;~-- 2 8 200Z PG. ,-,fl~ - EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $18.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was' recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $18.00, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 2 Satisfaction of Liens on the account listed in the Resolution and authorizing the Chairman to sign these 2 Satisfaction of Liens for the 1992 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility Billing~d~stomer Service Utility Billing and Customer_ Serv, ic.e John ~. ~::~nkosky, Direct~j~ ~ Utility~ill~g.~ CuSt~omer Se~rvice 'l'6'm Wic~ Interim ^dminist a o Public Utilities Division Date: Date: Date: ! 2 6 9 lO i2 13 17 !9 2! 22 26 25 29 30 RESOLUTION NO. 2002 -__ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE tT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No 94-668, whereupon a lien had 3een recorded on ;cai property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referenolng the accounts identified herein are hereby approved and the Chairman s hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official recorc~s of Coilier County: _~6 3? 39 40 41 42 43 Account No. 66057 Account No. 114802 This Resolution adopted this second and majority vote. A'FI-EST: DWIGHT E. BROCK, CLERK Approved as to form and 4645 ¢¢.~~legai su ' ncy:~ :;~ David C. ~¢Ve1'get ~' ;9 County Attorney __ day of , 2002, after motion. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 37926680001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Drummond, Diana Maria Drummond 4540 Pine Ridge Rd Ext Ft Myers, FL 33942 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 26 W 75FT OF TR 72 OR 1661 PG 1927 Folio No. 37926680001 Project No. 61000 Account No. 66057 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ~ 2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a n~.~y~ RC~ERT Z.A~ ~ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN AG~I~A HAY 2 8 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 62416480003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pope, Jeffrey=& Kathleen A 781 103ru Ave N Naples, FL 33963 The Lien was recorded on the 19b~ day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: NAPLES PARK UNIT 1 BLK 9 LOT 5 OR 1286 PG 1806 Folio No. 62416480003 Project No. 61000 Account No. 114802 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form a~ciency ROBERT~'7_ACHARY JAMES N. COLETTA, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $18.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $18.00, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 2 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 2 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. MAY 2 8 2002 PG. Prepared by: Reviewed by: Reviewed by: Approved by: Pam Calli~, Revenue Supervisor Utility Billing'a~d Customer Service T-~'re§a~A. Riesen, Revenue Manager Utility Billing and Customer Service John ,,~Yonkosky, Dir~4,or To/m Wides, Interim Administrator Public Utilities Division Date: Date: Date: Date: RESOLUTION NO. 2002- 4 6 7 9 :0 I! 12 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE i993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to ColLier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, 'whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 22949 Account No. 23184 25 27 28 29 30 2i 34 35 36 37 38 39 40 41 This Resolution adopted this__ second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of 2002, after motion, 42 43 Approved as to form and leg~: 5o County A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN HAY 2 8 2002 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 62416480003 SATISFACTION OF LIEN_ KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pope, Jeffrey=& Kathleen A 781 103rd Ave N Naples, FL 339630000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT I BLK 9 LOT 5 OR 1286 PG 1806 Folio No. 62416480003 Project No. 63000 Account No. 22949 Collier County, a political subdivision of the State of FIodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of _, 2002. A'FI'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBER/~/Z-~CHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE"II'A, CHAIRMAN 2 8 20 2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62572680006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Tilton, Kevin =& Madeline 656 110th Av N Naples, FL 339630000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Cour[ of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 2 BLK 18 LOT40 OR 1675 PG 421 Folio No. 62572680006 Project No. 63000 Account No. 23184 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT Z:AC'HARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE'CT'A, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $30.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 4 accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $30.00, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 4 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 4 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. MAY 2 8 200?. J Prepared by: ~""~ o,"~"' ~--------~'~ Pam Callis,..Revenue Supervisor Utility Bi.!]J~g and Customer Service Reviewed by: /'~//'~"¢'{ '~ /?' ~ ~eresa A. Riesen, Revenue Manager Utility Billing and Customer Se~ice ~eviewed by~.~ ~,~~~ ~. Yo%k~sky, O~t°r ~ ~illing and~er S~ice Approved by: ~/~~~ Tom Wides, Interim Administrator Public Utilities Division Date: 9 lO i1 '.4 15 i- ;0 21 22 24 29 3O 33 34 35 36 38 39 40 41 42 Approved as to form and ~ 43 legal sufficiency: 45 / 4e'~¢' David C. ~¢V~igel 47 County Attomey RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS, WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and - WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE tT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individual:y in the official records of Collier County: Account No. 3269 Account No. 12263 Account No. 21623 Account No. 21827 This Resolution adopted this motion, second and majority vote. day of , 2002, after ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLE'i-FA, CHAIRMAN NAY 2 8 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 0t 133400000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and 'holder of a certain Lien against: Fails, Deforest =& Barbara P O Box 511 Copeland, FL 339260000 The Lien was recorded on the 14~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Fiorida, described as follows: 13 52 29 PAR A-9 FURTHER DESC AS: COMM E CNR, S 89 DEG W 777.63FT, S 611.56FT, S 89 DEG W 350.27FT TO POD, S 89 DEG W 66.92FT. N 211.85FT, N Folio No. 01133400000 Project No. 64000 Account No. 3269 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. · ATTEST: DWIGHT E. BROCK, CLERK Approved as to form an~cy ROE/E~ ZA~'A/RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By JAMES N. COLE'Cf'A, CHAIRMAN AG~NOA IT£N/ MAY 2 8 200Z PG. ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 37926680001 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Drummond, Diana Maria Drummond 4540 Pine Ridge Rd Ext Naples, FL 339420000 The Lien was recorded on the 14~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 26 W 75FT OF TR 72 OR 1661 PG 1927 Folio No. 37926680001 Project No. 64000 Account No. 12263 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. tN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~C.J~~iency ~ · ROBERT ~HARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By JAMES N. COLETTA, CHAIRMAN AG,[¥~A IT£1qt HAY 2_,8 20.02 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 62416480003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pope, Jeffrey=& Kathleen A 781 103rd Ave N Naples, FL 33963 The Lien was recorded on the 14u~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 1 BLK 9 LOT 5 QR 1286 PG 1806 Folio No. 62416480003 Project No. 64000 Account No. 21623 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of .., 2002. A'I-I'EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By JAMES N. COLETTA, CHAIRMAN Approved as to form This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No: 62572680006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Tilton, Kevin =& Madeline 656 110~' Av N Naples, FL 339630000 The Lien was recorded on the 14t~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 2 BLK 18 LOT 40 OR 1675 PG 421 Folio No. 62572680006 Project No. 64000 Account No. 21827 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS VVHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency R'O B ~,~r',"ZAC HARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By JAMES N. COLE'I-I'A, CHAIRMAN AGENDA tTE~ No. HAY 2 8 2002 PI~. "'7 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $46.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 6 accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $46.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 6 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 6 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility Billin~g.and Customer Service 'F~resa'~. Riesen, Revenue Manager Utility Billing and Customer Service Jo~onkosky, Dir~tor~ Util~y~illing a n d_C, ustorfi e r. Se~ ice Tom Wides, Interim Administrator Public Utilities Division Date: Date: Date: ,o._ ~,d'~, /_ HAY 2 8 200Z 2 7 $ 9 10 11 12 :3 17 19 20 21 24 27 28 29 30 3I 22 34 35 !6 58 39 40 41 42 RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 ttnrough 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMtSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 4585 Account No. 12807 Account No. 20145 Account No. 22826 Account No. 23029 Account No. 29159 .0. '/ PlAY 2 8 2002 2 3 4 5 6 8 9 i0 12 13 14 15 16 17 18 19 This Resolution adopted motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and avid C. ~eige County Attorney this day of ,2002 after BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN HAY 2 8' 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 24477680000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bilyeau, Barbara M 618 97~h Ave N Naples, FL 341080000 The Lien was recorded on the 8~ day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BONITA SHORES UNIT 1 BLK 7 LOT 1 OR 1528 PG 1195 Folio No. 24477680000 Project No. 65000 Account No. 4585 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT Z/(CHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLE'l-FA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 37926680001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Drummond, Diana Maria Drummond 4540 Pine Ridge Rd Ext Naples, FL 341194003 The Lien was recorded on the 8:h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Ftorida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida described as follows: GOLDEN GATE EST UNiT 26 W 75FT OF TR 72 OR 1661 PG 1927 Folio No. 37926680001 Project No. 65000 Account No. 12807 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of .., 2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RO//;ERT Z~AOHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE'FI'A, CHAIRMAN PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 57670200005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Erbe Jr, Ernest E Bonnie E Fuller PO Box 2681 Marco Island, FL 341462681 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real prope~y situated in Collier County, Florida. described as follows: MARCO BCH UNIT 7 BLK 206 LOT 21 OR 1403 PG 1144 Folio No. 57670200005 Project No. 65000 Account No. 20145 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __. day of ,2002 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RO~AI~Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN HAY 2 8 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62416480003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pope, Jeffrey=& Kathleen A 781 103re Ave N Naples, FL 341083222 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 1 BLK 9 LOT 5 OR 1286 PG 1806 Folio No. 62416480003 Project No. 65000 &ccount No. 22826 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. 'ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE'FrA, CHAIRMAN AC~I~O~, ZT£1q ~,~ HAY 2 8 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62572680006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Tilton, Kevin =& Madeline 656 110th Av N Naples, FL 341081818 The Lien was recorded on the 8t~ day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT2 BLK 18 LOT40 OR 1675 PG 421 Folio No. 62572680006 Project No. 65000 &ccount No. 23029 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. 'ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT Z.A~ I:IAR Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLE'I-fA, CHAIRMAN HAY 2 8 2002 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 77820840004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Poul, Marcel 23 Colonial Dr Naples, FL 341127354 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TURNER OAK HILL EST LOT 27 Folio No. 77820840004 Project No. 65000 Account No. 29159 Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZAC_.,,FI'AI~ Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE'if'A, CHAIRMAN HAY 2 8 2002 .G.,_ /¢ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $52.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 7 accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $52.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 7 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 7 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Pam Callis,,Revenue Supervisor Utility B!!ling and Cu~stomer Service, Teresa A. Riesen, Revenue Manager Utility Billing and Custom~%Service Reviewed b y: ~ ,~..% .'x~ .~~~"~ ~. Yonkosky~iroct~ U~ity)Billin~ a~tomer Se~ice Approved by: ~~ ~~ Tom Wides, Interim Administrator Public Utilities Division Date: Date: Date: Date: I.... AGuE ~0~ I T~l,q .0. /~ ¥ ~A¥ 2 8 2002 .... ,- RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-23'7 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS. Collier County Ordinance No. 90-30, as amended, requires the Board to approve ~)y Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent To the adoption of Resolution No. 2000-237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: 4802 7401 14258 25234 25425 26521 31176 4o 4] -~2 4.3 4.4 Account No. Account No. Account No. Account No. Account No. Account No. Account No. HAY 2 8 3 4 5 6 ? $ 9 This Resolution adopted after this motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK day of , 2002, after lo I1 12 Approved as to form and 13 Le ' : . !5 lS f~David C. VV/eigel ]: County Attorney BOARD OF COUNTY COMMISSION'ERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 24477680000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bilyeau, Barbara M 618 97th Ave N Naples, FL 341080000 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BONITA SHORES UNIT 1 BLK 7 LOT 1 OR 1528 PG 1195 Folio No. 24477680000 Project No. 66000 Account No. 4802 Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. iN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN MAY 2 8, 2OO2 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No, 35647400009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mc Kenna, Phillip F Patricia L Mc Kenna 15123 Rd 31 Albion, NY 144110000 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Twelve Dollars and Thirty Nine Cents ($312.39) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: GOLDEN GATE UNIT 1 BLK 12 LOT 11 Folio No. 35647400009 Project No. 66000 Account No. 7401 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGRT E. BROCK, CLERK Approved as to form and legal sufficiency R~ARY/ / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE'CFA, CHAIRMAN HAY 2 8 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 37926680001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Drummond, Diana Maria Drummond 4540 Pine Ridge Road Ext Naples, FL 341194003 The Lien was recorded on the 8T~ day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated ~n Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 26 W 75FT OF TR 72 OR 1661 PG 1927 Folio No. 37926680001 Project No. 66000 Account No. 14258 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK 'Approved as to form and legal sufficiency ROB ERT Z~C~ARY. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN MAY 2 8 2OO2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62416480003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pope, Jeffrey=& Kathleen A 781 103ra Ave N Naples, FL 341083222 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: NAPLES PARK UNIT 1 BLK 9 hOT 5 OR 1286 PG 1806 Folio No. 62416480003 Project No. 66000 Account No. 25234 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT 7_~HARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN t4A¥ 2'8 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62572680006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Tilton, Kevin =& Madeline 656 110th Av N Naples, FL 341081818 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 2 BLK 18 LOT 40 OR 1675 PG 421 Folio No. 62572680006 Project No. 66000 Account No. 25425 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZA6'H~RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLE'FI'A, CHAIRMAN ~0. _ ,; HAY 2'8 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62850720002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Deoss, Diane C 569 110m Ave N Naples, FL 341081815 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 6 BLK 80 LOT 7 Folio No. 62850720002 Project No. 66000 Account No. 26521 ColLier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. A-f-TEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZAC~A15,Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE'FI'A, CHAIRMAN MAY 2 8 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74411600009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Perez, Victor J=& Haydee 2707 N George Mason Dr Arlington, Va 222071748 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Qne Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SOUTH TAMIAMI HGTS BLK C LOT 1 OR 861 PG 68 Folio No. 74411600009 Project No. 66000 Account No. 31176 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:.. JAMES N. COLETTA, CHAIRMAN AC,[ NOA I T £1%..~ MAY 2 8 200Z EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $72.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfaction of Liens, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $72.00 and will be charged to MSTD General Fund (111 )- Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. HAY Prepared by: Reviewed by: Reviewed by: Approved by: Pam Call, is, Revenue Supervisor Utility B4lling and Customer Service "l'eresa A. Riesen, Revenue Manager Utility Billing and Customer Service J o~ n'-'~,. Yonkosky, D~j~ctor Public Utilities Division Date: Date: Date: .5¢\~/0'~ Date: EXHIBIT "A" 10. 11. Luis Alfredo & Patricia Ann Carvajal, Folio #62046200006, Lot 24, Block 10, Naples Manor, Unit 1 Luis Carvajal & Patricia A. Carvajal, Folio #62046200006, Lot 25, Block 10, Naples Manor, Unit 1 Carvajal, Luis Alfredo & Patricia Ann, Folio #62046200006, Lot 24, Block 10, Naples Manor, Unit 1 Carvajal. Luis Alfredo & Patricia Ann. Folio #62046200006, Lot 24, Block 10. Naples Manor. Unit 1 Luis Alt'redo Carvajal & Patricia Ann Carvajal, Folio #62046200006. Lot 24. Block 10. Naples Manor, Unit 1 Carvajal. Luis Alfredo & Patricia Ann, Folio #62046200006. Lot 24. Block 10. Naples Manor, Unit 1 Fast. Scott & Tammy. Folio #36321840007, kot 9. block 221. Golden Gate Subdivision. Unit 6 HNH Ventures. a Florida General Partnership. Folio #36325040007, Lot 4. Block 226, Golden Gate. Unit 6 Rodriguez, Leovigildo, Folio #36317120003, Lot 6. Block 202, Golden Gate Unit 6 Herberto Salgueiro, Folio #36373640006, Golden Gate, U6, Part I, Block 203, Lot 10 Thomas D Saylor & Robert A Saylor, Folio #62571280009, Lot 47 Block 17, Naples Park, Unit No. 2 12. Valdizon. Alirio, Folio #62154800000, Lot 20, Block 8, Naples Park Annex MAY ~7 6 200 ~ EXECUTIVE SUMMARY AWARD A CONTRACT TO DOUGLAS N. HIGGINS, INC., FOR PORT-AU- PRINCE UTILITY REPLACEMENT, PROJECT 70060 AND 70074, BID 02-3367, IN THE AMOUNT OF $985,620. OBJECTIVE: To provide a reliable wastewater collection and water distribution system, drainage improvements and paved shoulder. CONSIDERATIONS: On September 12, 2000, agenda item 16(C)13, the Board of County Commissioners approved Work Order VGW-FT-00-03, to AEC National/Wilkison Joint Venture, to provide professional engineering services to design a new wastewater pumping station and gravity system along Port-au-Prince Road. Amendments 1 and 2 were approved administratively to include replacement of substandard water distribution and wastewater collection systems within the Port-au-Prince subdivision. Work under this project includes In-Kind services to satisfy a consent order with the Florida Department of Environmental Protection. This work includes abandonment of existing septic tanks and connection to the County Sewer System. On May 2, 2002, sealed bids were opened for this project. Bid notices were sent to 110 contractors. Five bid packages were received and are tabled below: Bidder Douglas N. Higgins, Inc. Florida State Underground. Inc. Haskins, Inc. ASTALDI Construction Corporation Mitchell & Stark Construction Company, Inc. Amount $ 912,570.00 $1,082,677.50 $1,090,950.00 $1,200,890.00 S1,232,918.00 The bid tabulations are attached. The lowest bid was received from Douglas N. Higgins, Inc. in the amount of $912,570. Our design professional evaluated the bids and has determined that Douglas N. Higgins is qualified to perform the work under this contract and recommends award of the contract to Douglas N. Higgins, Inc. Douglas N. Higgins, Inc. is on the County's annual bid for Underground Utility Contractors and has performed satisfactorily. The bid includes alternate pricing to provide culverts and a paved shoulder. This paved shoulder is intended to provide a safe walkway for children in this subdivision. The culverts are required to improve drainage in this area. Ihe cost for the culverts and paved shoulder is $73,050. The total project cost is $985,620. FISCAL IMPACT: Funds in the amount of $254,950 are available in County Water Capital Projects. Source of funds are Water User Fees. Funds in the amount of $657,620 are available in County Wastewater Capital Projects. Source of funds are Wastewater User Fees. n0. I~ (-> MAY 2 8 2002 Executive Summary. Port au Prince Utility Replacement, Bid 02-3367 Page 2 Funds in the amount of $16, 000 are available from Transportation Stormwater Capital CIP, Fund 325. Funds in the amount of $57, 050 are available from Transportation Supported Gas Tax Fund, Fund 313. 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, award a contract to Douglas N. Higgins, Inc., Project 73060 and 70074, and authorize the Chairman to execute the Contract. SUBMITTED BY: ¢~~ ~)'~ Date: ~-\~-C3~2k. Alicia Abbott, Project Manager Public Utilities Engineering Stephen Y.' Carnell, Purchasing Director REVIEWED BY: ~, '-. & -,_-,4~--,-,-~- Date: Roy Anderson, P.E., Public Utilities Engineering Director REVIEWEDBY: (~~j[ 6 ~ Josep~JB. Cheatham, Wastewater Director Date: 5- &. REVIEWED BY: ../'/,t,~ Date: Robert C. Wiley, P.~. Project Manager, Principal Stormwater ~anagement APPROVED BY: t Date: Normar~ Fe r, A.C.I.P., Administrator Trans, p~rtal~on Division .~ ~z'. --Paul Matta~sch, Water Director APPROVED BY: Thomas G. Wides, Interim Public Utilities Administrator .0._ 1~ ~ MAY 2 8 2002 PG.__ 2 PG. ~T£~ 8 2002 q EXECUTIVE SUMMARY AUTHORIZE COUNTY MANAGER TO NEGOTIATE AND EXECUTE THE FIRST MEMORANDUM OF UNDERSTANDING PURSUANT TO THE LANDFILL OPERATIONS AGREEMENT OBJECTIVE: To obtain authorization from the Collier County (County) BOard of County Commissioners (Board) for the County Manager or his designee to execute the first negotiated Memorandum of Understanding (MOU) pursuant to the Landfill Operations Agreement, as amended. CONSIDERATIONS: The MOU establishes a mutual understanding of inter-action and inter- relations between County initiatives and Waste Management, Inc. (VVMI), pursuant to current contractual arrangements between the County and WMI. The MOU includes and addresses the following: Construction and Demolition Debris (C&D) Management, C&D Recycling and Diversion including Artificial Reef, and other RFP's including Organics and Biosolids Processing and Re-use. The MOU also addresses the Landfill Gas to Energy Project. For staff to proceed, the Board's approval is required to activate Section 2.25 of the Landfill Operations Agreement, as amended. Under this Section, WMI will continue to be the sole responsible party to manage the gas collection and odor management system. WMI's operational priority will continue to be odor control, not maximum electricity generation. FISCAL IMPACT: The fiscal impact will be determined pending final negotiations with WMI and will be presented to the Board for approval. The funds are available in Solid Waste Disposal Fund (470) Reserves, Reserves for Capital Outlay and Reserves for Contingencies. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board authorizes the County Manager or his designee to negotiate and execute the attached draft MOU pursuant to the Landfill Operations Agreement, as amended, and authorizes the County Manager or his designee to negotiate and execute future MOU's after the County Attorney's review for legal sufficiency. SUBMITTED BY: APPROVED BY: Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department Thomas G. Wides Interim Public Utilities Administrator AGENIj)A ITEM No,!\ MAY 2 8 2002 DI:ULF~ 15, 2002 M~MORAND~M OF~]ND~TANDING Pursuant to Landfill O~erat~on A~re~nt This Memorandum of Understanding (~MOU') between Collier County (~County") and Waste Management Inc. of Florida (~WMIF#) supplements and confirms the understandings that were reached during a meeting between the County, WMIF, and the County's consultant (Malcolm Pirnie, Inc. or "MPI") on October 31, 2001. Specifically, the County and WMIF agree about the issues described in paragraphs 1-8, below: 1. The County wishes to develop a Landfill Gas-to-Energy (~LFGE") System that will utilize the gas generated by the County's Naples Landfill. At the County's request, MPI prepared draft technical specifications for a LFGE System. The draft specifications were provided to WMIF on October 31, 2001. 2. On or about June 28th, 2002, WMIF will submit a proposal to the County for a LFGE System. WMIF will coordinate with the County and MPI to ensure that the proposed LFGE System conforms to the County's specifications and desires. 3. If the County decides to proceed with the LFGE System, the County and WMIF will jointly develop the LFGE System in accordance with Section 2.25 of the Landfill Operation Agreement, as amended, between the County and WMIF. Consistent with the Landfill Operation Agreement, WMIF shall design, permit, construct, operate and maintain the LFGE System at WMIF's cost, plus ten First Memorandum of Understanding WMI Operations Contract Page 1 MAY 28 2002 I percent (10%), and the County shall receive all of the revenues Generated by the LFGE System. 4. County is considering the economic feasibility of transporting and disposal of some or all C&D material including odor causing waste such as Gypsum board from Naples Landfill to an offsite WMIF licensed disposal facility to divert waste and save landfill space. The County is considering transportation and off site disposal of C&D and/or mixed gypsum material with or without recyclables. WMIF hereby provides a rate for handling, transportation, and disposal of C&D and/or mixed Gypsum material at $32.89 per ton effective until October 1, 2002. After October 1, 2002, the rate will be $33.49 per ton and will be in effect until the term of the landfill agreement subject to annual CPI. If County desires that C&D or Gypsum material be sorted, additional charges will apply consistent with and pursuant to the existing current contractual rates identified in Landfill Operation Contract as amended. WMIF will notify the County no less than thirty days prior to the availability of the disposal option. The County will have the right to exercise this option as needed. Further, WMIF will establish an Artificial Reef Material designated area for stock piling of compatible and acceptable material to be separated and stock piled by WMIF for the County's use as a part of the C&D Recycling improvements. WMIF will stock pile at least 5,500 ton/year of artificial reef compatible material. County will assist WMIF in the process of identifying artificial reef compatible material and WMIF will not be responsible for the composition of the artificial reef material. 5. The County currently is evaluating whether it should enter into ~ contract for the Gasification of some of the municipal solid waste (MSW) 2 8 2002 collected within the County. The County intends to issue a request for proposals (RFP) for a gasification facility, which will have a minimum capacity of 150,000 tons per year (TPY). If a gasification facility is built and operated before the expiration or termination of the Solid Waste Collection Service Agreement, as amended, between the County and WMIF, then WMIF will deliver up to 150,000 TPY of MSW to the gasification facility. The MSW will be collected from residential neighborhoods selected by the County and, therefore, WMIF will not be responsible for the composition of the MSW delivered to the gasification facility. No site for a gasification facility has been chosen as yet, but a facility may be placed at either the Naples Landfill or Immokalee Landfill. WMIF agrees and acknowledges the County's right to place the facility at the Naples Landfill outside of the cells 1 and 2 reconstruction areas as designated in the Landfill Permit Application dated January 2002 if it so chooses. WMIF is the current permit holder for stormwater with South Florida Water Management District (SFWMD) at both Naples and Immokalee Landfill. If the County desires to place a gasification facility at the Naples Landfill area that is currently designated or designed as part of the stormwater management system, the County will compensate WMIF the cost to redesign, permit, and construction a new stormwater system to accommodate the new gasification infrastructure. Further, WMIF would not be responsible for contamination cleanup cost of groundwater or stormwater potentially deriving from the gasification operation. In the event WMIF is required to modify or resubmit the existing Title V air permit due the additional air emission source from a gasification operation, the County will reimburse WMIF the design, permitting, and construction cost related to the modification of the Title V air permit. WMIF shall not be responsible for MAY 2 8 2002 Page 3 objectionable odors caused by the operation of a Gasification plant. 6. If the County enters into a contract for a MSW gasification facility, or if the County enters into a contract for the collection and processing of organic waste, these activities could result in a reduction in the amount of solid waste delivered to the Naples Landfill. Under such circumstances, the County's fee to WMIF for operating the Landfill shall be determined by using the "sliding scale" Fee Schedule contained in Exhibit of the Landfill Operation Agreement. The fees authorized pursuant to Exhibit ~G" shall be adjusted in accordance with Section 5.2 of the Landfill Operation AGreement to account for increases in the Consumer Price Index. 7. The County currently is evaluating whether it should enter into a contract for the collection and processing of solid waste that is rich in organic material (e.g., food waste). The County currently intends to issue an RFP for the collection and processing of organic waste. Nothing in this RFP will affect WMIF's right under its franchise agreement to be the exclusive provider of residential curbside and commercial collection until September 30, 2006. 8. Given the provisions of paragraphs 1-7 above, WMIF will not be responsible for the composition of the MSW delivered to a Gasification facility. Furthermore, WMIF will not object to the issuance of an RFP or the award of a contract for a MSW Gasification facility or the collection and processing of organic waste materials, even if these activities result in the award of a contract to an entity other than WMIF or result in a reduction in the amount of solid waste delivered to WMIF at the Naples Landfill. By executing this Memorandum of Understanding, the undersigned acknowledge that they understand and agree with the general provisions set 2 Page 4 { P~- forth in paragraphs 1-8, above. Date: By: Tom Oliff County Administrator Date: By: Chuck Campagna Waste Management Inc. of Florida Approved at to form and legal sufficiency: Robert Zachary, Assistant County Attorney cc:Ron Kaplan Page 5 MAY 2 8 2082 EXECUTIVE SUMMARY AUTHORIZE AND APPROVE EARLY PAYOFF AMOUNT OF $113,541.31 OF THE GOODLAND WATER DISTRICT $468,500 WATER REVENUE BOND, SERIES B. OBJECTIVE: That the Board of County Commissioners in its capacity as the Governing Board of Collier County authorize and approvepayoff of the Goodland Water District Water Revenue Bond, series B in Fund 441; approve a budget amendment for $104,500 to fund the principal portion of the payoff. CONSIDERATION: On September 2, 1980, the Board of County Commissioners adopted a resolution # GW 80-5 providing for the acquisition, construction and erection by the Goodland Water District of a water system in the area of the district within Collier County. On September 15, 1982 a revenue bond for $485,600 at 5% maturing in the year 2022 was issued and the proceeds used to provide for the acquisition, construction and erection of the water system. The annual debt service for this bond is approximately $10,000 and it is paid from the revenue generated by the water system. Since the interest rate of 5% is higher than the current average rate of 3-4% and adequate cash is available in this fund. the staff recommends paying off the current balance o f $113,541.31 broken down as: Principal $109,500.00 Interest $ 4,041.31 TOTAL $113,541.31. There is no pre pa3mqent penalty due to this early payoff. In addition, paying off this debt will make it unnecessary to file a comprehensive quarterly statistical report to be filed with the US Department of Agriculture, Farmers Home Administration (FmHA). This will also release the pledge, which is the net operating revenues of the water system and make it easier to obtain any future borrowings at a lower rate. It also eliminates the restrictive covenants of the bond issue. FISCAL IMPACT: A debt service of approximately $10,000 a year will become available for other operating expenses in the Goodland Water District Fund 441. The interest portion of the payoff is $4,041.31, which has been budgeted. The principal portion of the payoff is $109,500 and the current budget is only $5,000. The remaining $104,500 is available and transferred from the reserve. GROWTH MANAGEMENT IMPACT: There is no growth management related to this project. RECOMMENDATION: That the Board of County commissioners authorize and approve early payoff of $113,541.31 of the Goodland Water District Water Revenue Bond, Series B; approve the budget amendment of $104,500 for the principal portion of the payoff. PREPARED BY: Bala M. Sridhar, Sr. Accoulgam J~TYo~osky. ~!i~Bi~ng and Customer SeBSce Director Thomas Wides, Operations Director EXECUTIVE SUMMARY BOARD APPROVAL TO AWARD BID g02-3375 TO THERMO ELEMENTAL IN THE AMOUNT OF $124,776, FOR THE PURCHASE OF A QUADRUPOLE INDUCTIVELY COUPLED PLASMA MASS SPECTROMETER (ICP-MS). OBJECTIVE: Board approval of bid #02-3375 Quadrupole Inductively Coupled Plasma Mass surface/ground/waste water and drinking water. to Thermo Elemental for the purchase of a Spectrometer (ICP-MS) for the analysis of CONSIDERATIONS: The bid invitations were publicly posted on April 19, 2002, for the ICP- MS and distributed to three vendors. Sealed bids for the Quadrupole Inductively Coupled Plasma Mass Spectrometer were opened at 2:30 p.m. on May 3, 2002. Offers were received from two vendors. The bid was evaluated on the basis of meeting the advertised specifications, including all required accessories. Staff has determined that Thermo Elemental met all bid specifications. As indicated on the attached bid tabulation, Thermo Elemental was the lowest qualified and responsive bidder. The Quadrupole Inductively Coupled Plasma Mass Spectrometer is to replace the Atomic Absorption Furnace and Flame Spectrophotometers (AA). The AA Furnace is approximately ten (10) years old. The Quadrupole Inductively Coupled Plasma Mass Spectrometer will better allow staff.to service Collier County residents and may enable the department laboratory to increase its revenues sources. FISCAL IMPACT; The Quadrupole Inductively Coupled Plasma Mass Spectrometer will cost $124,776. Funds for this purchase were generated through 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 Board approved transfer of funds on May 14, 2002. Funds are available in Water Pollution Control Fund (114). GROWTH MANAGEMENT IMPACT: This 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: 1) Award bid #02-3375 to Thermal Elemental for the purchase of a Quadrupole Inductively Coupled Plasma Mass Spectrometer. (Attachment I). Page 2 Executive summary PREPARED BY: Date: Mar~ Corqelisse, Operations Supervisor Pollution Control & Prevention Department REVIEWED BY: ~ \ tZ.v,.,~. - ~ - Date: Jim-Felix, Principal Environmental Specialist Pollution Control & Prevention Department REVIEWED BY: ? <-' Date: ..... -R~i~'~t 1~ Director Pollution Control & Prevention Department St'ev, e' C am,e,d, Director / ' pu(chasin-g/Department L /"~-C ~£.C APPROVED BY: Date: Tom Wides, Interim Administrator Public Utilities Division attachment ThermoBemental 27 Forge Parkway Franklin, MA 02038 Tel: (508) 520-1880 Fax:(508) 520-1732 A Thermo Electron business COP'f QUOTATION X02078 Number LM/vmd Collier County Government 3301 East Tamiami Trail Purchasing Building Naples, FL 34112 Attn: Lynn Wood Tel: 941-732-2667 Fax: 941-782-0844 We are pleased to quote, subject to the terms and conditions stated below and on the reverse side, our current prices as requested, Any performance requirements which exceed our standard specifications must be cleared with us in advance and must be stipulated on the purchaser's order. Delivery' 75-90 Days ARO F.O.B.: Destination Signature: Lou Marcietlo Prices Firm: Tide: 60 Days Sales Operations Manager Terms: Net 30 Date: May 2, 2002 M Balances remaimng unpaid at due date are subject to service charge of 1.5% per month until paid. ] CATALOG I UNIT I QTY. NUMBER DESCRIPTION i PRICE TOTAL PRICE 46OO345 ICP-MS bench top system Includes: Integral, 1250W, solid state crystal controlled 27MHz ICP generator. Accessible, open sample introduction system using an air-cooled, quartz. impact bead spray chamber. Computer controlled adjustment of the single p,ece, self-locating torch in the x, y and z planes. Multi-channel, PC controlled, integral peristaltic pump Computer controlled mass flow controllers on all plasma gas lines (nebulizer,I auxiliary and coolant). Xi Interface technology providing exceptional matrix tolerance, Iow Iow polyatomic ion formation and a uniform mass response. Unique Infinity Ion Lens system providing high ion transmission and ultra backgrounds. High performance off-axis quadrupole analyser providing excellent transmission and abundance sensitivity across the full mass range 2- 255amu. PC controlled resolution setting. Unique, 3 chamber, vacuum design comprising of a single rotary pump and single high performance, split-flow turbo pump. "Plug & Play" AutoRange Plus, discrete dynode electron multiplier detector providing greater than 8 orders of dynamic range via simultaneous analogue/pulse counting detection. PC with Windows 2000, monitor, keyboard and mouse (requires a printer). X Series 4/1/02 Revision 3 AG,~ NOA [TENI '~' MAY 2 8 2002 -EM 6 7 10 ThermoElemental 27 Forge Parkway Franklin, MA 02038 Tel: (508) 520-1880 Fax:(508) 520-1732 A Thermo Electron business Quotation No. Page 2 CATALOG NUMBER 14439400 2600176 14122600 4600359 4600138 13638800 14439300 14439500 4600364 2'~ / SVC I UNIT DESCRIPTION PRICE :> PlasmaLabTM Version 2.0 Windows 2000 software provides seamless control of the X Series ICP-MS and accessories featuring PlasmaLab Intelligently Controlled Operations (PICO) Technology. :> TechConnectTM remote support and diagnostics software. Air-cooled Water Chiller (50/60Hz) Upgrade from 17" Monitor to 21" Monitor HP 1100 Series B/VV Laser Printer Inert, single pass, conical impact bead spray chamber kit, includes an inert impact bead spray chamber (4600259), inert elbow and semi-demountable torch body (3600416). Requires a torch injector and an inert nebulizer. Alumina injector - for use with 4600359 Burgener, PTFE High Solids Nebulizer - HF resistant, for use with high solid matrices Cetac ASX510Auto-sampler - 50/60Hz - including a set of 4x60 position racks and 14ml tubes. Environmental Productivity Templates Includes: CD of environmental templates for methods including USEPA 2008 and USEPA 6020, on-line remote Tech Conect assistance setting templates onto customer computer. X5 ICP-MS Consumables Kit OPTION 2n~ Year Extended Warranty TOTAL LIST PRICE DISCOUNT FREIGHT TOTAL PACKAGE PRICE For further information please contact: Kirk Holladay Phone No.: Fax No.: E-maih 407-971-1308 407-365-1498 kholladay(~.thermoelementalcom X series 4/1/02 Rev 3 X02078 TOTAL PRICE $147,143 -24,867 $2,500 $124,776 $15,400 .o.~ ~A¥ 28 2002 Thermo Elemental Quotation No. X02078 Page 3 TERMS AND CONDITIONS PRICES: PAYMENT: ACCEPTANCE: WARRANTY: TRAINING: Title passes to purchaser according to FOB terms. Federal, State and Local taxes are not included. Pricing is based upon installation to standard instrument specification. Additional specification testing is subject to an additional charge. All prices and payment terms are valid only for installation at a final destination within the United States. All orders are subject to credit approval. Site preparation delays in excess of 60 days from delivery will constitute acceptance for payment purposes. Prices include installation on prepared site as detailed in the X Series Pre-delivery Pack. Any additional costs incurred by the company through delays in site preparation or through non-provision of necessary services may be charged to the purchaser. The installation engineer wilt perform a series of tests on the basic instrument. (instrument specifications are available upon request.) When these have been completed a standard instrument acceptance document will be signed by the Field service/installation engineer and the purchaser's authorized representative. Any system accessories delivered with the instrument, e.g. an autosampter, will be functionally demonstrated after the acceptance document has been signed. At this time the manufacturer's warranty will commence and any outstanding debt will be cleared. The warranty period for the system is 12 months after installation, or 15 months after delivery, whichever is sooner. During which period the company shall replace or repair without charge any material or constructional defect which becomes apparent and not caused by normal wear and tear Pads will be replaced free of charge during this period after approval is given by a qualified technical support specialist, either by phone or in person. Glassware (including plasma torch, elbow and spray chamber, and nebulizer), cones and electron multiplier are not included. 1 Training regarding operational aspects of the instrument will be covered by the installation engineer, on-site during installation period. This will last for two days. in addition, more advanced aspects of instrument setup, optimization and operation are covered in a disk- based tutorial, supplied at installation. 2. The price quoted includes a place on an X Seriesl training course held at the company's Franklin MA training facility at regular intervals (at least every four months). Travel and subsistence expenses are not included. 3. Training must be completed within the warranty penod or will be forfeited. SOFTWARE: 1/00 A Thermo E!ectror~ The company will undertake to provide software maintenance updates free of charge for one year from date of installation, although a nominal charge for media and shipment will be made. This undertaking is only valid as long as there are not hardware changes necessary to allow the updated software to be installed and to run. If hardware changes should be necessary, the company will undertake to update the software subject to the customer purchasing the necessary hardware The X Series software is copyright of VG Elemental/TJA Solutions. At no time shall copies be made either with the users permission or knowledge for the use of any third party. Any such unauthorized copying will leave the customer and his agent open to legal action x ser,es 4/1/02 Rev 3 M0. C., HAY 2 8 Thermo Elemental Quotation No.: X02078 Page 4 SOFTWARE LICENSE AGREEMENT The software (which term shall include manuals, diskettes, computer program and related materials) supplied with the goods is the Confidential and Proprietary Information of the Vendor. Subject to the provisions of this agreement, the Vendor warrants that it is authorized to grant you a right to use the software with the goods. Your purchase or loan of the goods and/or software is deemed to be your uncondibonal acceptance of this agreement. Grant of Single User License of the Goods In consideration of payment of the license fee which is part of the purchase price, the Vendor grants a right to use the software on a s~ngte computer with a single instrument If the Purchaser wishes to use the software on more than one computer or instrument then the Purchaser expressly agrees to purchase an additional user license for each additional user copy from the Vendor, Term Th~s agreement ~s effective from the date of delivery of the goods and/or software and continues until either or both are disposed of Vendor may terminate this agreement forthwith without not~ce if the Purchaser is in breach of the terms of this agreement Ownership of the Software The The Purchaser owns the magnetic or other physical media on which the software ~s originally or subsequently recorded or fixed but an express condition of th~s agreement ~s that the Vendor retains title and ownership of the software recorded on the original disk copy0es) and all subsequent cop~es of the software regardless of the form or media m or on which the original and other cop~es may ex,st Th~s agreement does not constitute a sale of the software or any copy Copy Restrictions The software and the accompanying manuals are copyrighted Unauthorized copying of the software including software which has been modified merged or included with other software or of the written materials is expressly forbidden. The Purchaser may be held responsible for any copyright infringement which is caused or encouraged by a failure to abide by the terms of this agreement User Restrictions The Purchaser may physically transfer the software from one computer to another provided that the software is used on only one computer at a t~me The Purchaser may not distribute copies of the software or accompanying written materials to others The Purchaser may not modify adapt, translate reverse, engineer, decompile, disassemble or create derivative works based on the written materials without the prior written consent of the Vendor Disclaimer of Warranty and Limited Warranty The Purchaser acknowledges that the software in general and tt~e user manuals may not be error free and agree that the existence of such errors shall not constitute a breach of this agreement. However, the Vendor warrants that for a period of 12 months after installation or 15 months after delivery, whichever is the sooner, that under normal use the material of magnetic media and the user manuals will not prove defective Furthermore and for the same period, the Vendor warrants that the software will prove to operate substantially complete and contain all information which the Vendor deems necessary for the use of the software The above is the only warranty of any kind, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability or fitness for a particular purpose that is made by the Vendor. No oral or written advice given by the Vendor, its dealers, distributors, agents or employees shall create a warranty or m any way increase the scope of this warranty and you may not rely on any such reformation or advice. The warranty gives you specific legal rights. You may have other rights which vary from location to location Your sole remedies and the entire liability of the Vendor and its suppliers are set forth above. In no event will the Vendor or its supphers be liable to you or any other person for any damages whatsoever or howsoever arising including without limitation any direct, ~nd~rect, special incidental or consequential damages, expenses, lost profits, lost savings or other damages arising out of use or inability to use the software Assignment You may not sub-license, assign or transfer this agreement or the software without the prior written permission of the Vendor Any~,~.~,,,,..[ AC~:I~ I'r£M..~ otherwise to sub-license, assign or transfer any of the rights, duties or obligations herein is void. 15/~' ~'~' ~ !,-----.r Xsedes4/1/02 Rev3 /MAY 2 8 200? A Thermo Electron bus,ness ~ ? __ EXECUTIVE SUMMARY CONVEY A UTILITY EASEMENT FROM COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT FOR CONSTRUCTION AND MAINTENANCE OF UTILITY FACILITIES AT A COST NOT TO EXCEED $100.00, PUED PROJECT 70054. OBJECTIVE: That the Board of County Commissioners convey a utility easement to the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as District) for construction and maintenance of utility facilities required in conjunction with the South County Regional Water Treatment Plant (hereinafter referred to as SCRWTP) Reverse Osmosis Expansion project. CONSIDERATIONS: At the December 12, 2000, Board of County Commissioners' meeting, the Board approved the conveyance of a Utility Easement to the District for the installation of eight water wells, pipes, and electrical and fiber-optic cables within and across property that was acquired for future expansion of the Naples Landfill. The well utility easements need to be enlarged, so the District is requesting that an additional Utility Easement be granted for that purpose. The general location of the wells and additional easement areas are depicted on the attached sketch and Exhibit "A," respectively. The Utility Easement has been reviewed and approved by the County Attorney's Office and Public Utilities Division. FISCAL IMPACT: The total cost of this transaction including documentary stamps and recording costs will not exceed $100.00. Funds are available in the Water Impact Fee Fund (411). GROWTH MANAGEMENT IMPACT: These well utility easements are required for the SCRWTP Reverse Osmosis Expansion project which is currently under construction to meet future growth potable water demands as recommended in the 1996 Water Master Plan Update adopted by the Board on October 22, 1996 as Agenda Item 8(B)(1); and the 2001 Water Master Plan Update adopted by the Board on December 11, 2001 as Agenda Item 8(B). RECOMMENDATION: That the Board of County Commissioners approve the transaction; authorize the Chairman to execute the Utility Easement; and authorize recordation of the Utility Easement in the Public Records of Collier County, Florida. HAY 2 Executive Summary Convey Utility Easement - County to District Page 2 SUBMITTED BY: Cindy M..E~, Sr. Property Acquisition Specialist Facilities Management Department Toni A~ Mott, Property A(~quisition Supervisor REVIEWED BY: Facilities ManageMent Department ~ Ch~r~es E. Carrington, Jr., SR/~A, Manager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: "Skip Ca~p, Director Facilities Management Department DATE: REVIEWED BY: Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department DATE: REVIEWED BY: APPROVED BY: Roy A~dersc~n, Director Public Utilities Engineering Department Thomas G. Wides, Interim Administrator Public Utilities Division DATE: DATE: MAY 2 B 2002 PG. ¢,~ , -' ~ MAY 2 8 2002 PG._ ,~ PROJECT: South County Regional Water Treatment PlanVWellfield Expansion COLLIER COUNTY UTILITY EASEMENT THIS EASEMENT, made and entered into this ~ day of 2002, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE O~ FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East Tamlami Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred lo as "Grantee". WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COPY BY: JAMES N. COLETTA, Chairman Appry.~o ,fo~m Assistant County Attorney Ellen T. Chm~ell AGENOA [T£1~, MAY 2 B 2002 PG. EXHIBIT_ e~ POINT OF COMMENCEMENT __. SOUTHWEST CORNER OF SECTION 25. T49S. R26E 2{ 26~ POINT OF BEGINNING~ .25 .a S89'00'56"E 40.00' \ '~ 20.00' T 20.00, ~EXISTtNG U TILIT~ EASEMENT I S89'50'06"E 20.00' ADDITION TO ? r~ u~ N89'50'06"W 20.00' SCALE: LEGAL DESCRIPTION--ADDITION TO WELL SITE # 1 A parcel of land lying in Section 25, Township 4g South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said Section 25, run thence S89'50'06'E along the South line of said Section 25 a distance 40.00 feet to the POINT OF' BEGINNING; thence N00'27'17"W along o line 40.00 feet Easterly of and parallel to the West line of said Section 25 a distance of 40.00 feet; thence S89'50'06'E o distance of 20.00 feet; thence S00'27'17'E along o line parallel with the West line of said Section 2§ a distance of 40.00 feet; thence N89'50'06'W along the South line of said Section 25 a distance 20.00 feet to the POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) ADDITION TO WELL SITE # 1 SCRWJP REVERSE OSMOSIS EXPANSION COLUER COUNTY, FLORIDA NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED aY: O. RAYMAN D^T~: 1 2/1 7/2001 REVISED 02/20/2002 Engineers · Surveyors · Mappers SDSK PROJECT: 0051800 CAD FILE: 00518D.dwg BOOK N° SHEET: NoAo ~1 Y:~Land Projects R2~OO518OO~dwcJ~OO5180. dwg O4/11 R.L.S. 12:21:40 Pla EDT EXHIBIT o ~ N89'48'27"E POINT OF' BE~NNING~ N89'48'27"E / N~g~8'27"E ~ 20.00' ~ 20.00' ~ ~ ~ ~ ADDI~ TO ~1 ~ O ~1 ~ Z 2 5 35~56 POINT OF COMMENCEMENT SOUTHWEST CORNER OF SECTION 25, T49S, R26E SCALE: 1"=20' A parcel of Iond lying in Section 25, Township 49 South, Ronge 26 Eost, Collier County, Florido, being more porticulody described os follows: Commencing ot the Southwest corner of sold Section 25, run N00'27'17'W olong the West line of s~id Section 25 ond olong the Eost line of the Plot of Golden Cote Estotes Unit 28, os recorded in Plot Book 7, Poge 19, Public records of Collier County Florido, o distonce of 1976.18 feet; thence N89'4-8'27"E o distonce of 20.00 to THE P0~NT OF BEGINNING; thence continue N89'4.8'27'E o distonce of 20.00 feet; thence N00"27'17'W o distonce of 20.00 feet; N89'48'27'E o distence of 20.00 feet; thence S00'27'17'E otong o line porollel with the West line of sold Section 25 o distonce of 40.00 feet; thence S89'48'27'W o distonce 40.00 feet; thence N00'27'17'W o distonce of 20.00 fee[ to the POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) ADDITION TOWELL SITE # 2 $CRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800 CAD FILE: 00518D.dwg :ALE: NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: (~. RAYMAN 12/17/2001 d REVISED 02/20/2002 Engineers · Surveyors ° Mappers Y:\Land Projects R2\OO518OO~dwg~OO518D.dwg BOOK N° SHEET: RLS2653 04/11/200; I TEN 12:21:40 PM EDT EXHIBIT_"/' POINT ~ BEGINNING---~, PO~NT OF COW~ENCE~ENT 2~5 SOU~ST C~NER OF ~z~ ~ ~ SEC~ON 25. T49S. R26E North line of property /.--formerly owned by G(311ogher 20' UTILITY EASEMEN,/~ ~LL S~TE # 3 o Nsg'54'10"E 40.00' ;... ~ ADDITION TO ~ aa S89'34.'10"w 4.0.00' EASElaENT DESCRIPTION--AD01110N T0 WELL SITE A parcel of land lying in Section 25, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as fallows: Commencing at the Southwest corner of said Section 25, run NOO'27'17"W along the West line of said Section 25 and along the East line of the Plat of Golden Cote Estates Unit 28. os recorded in Plat Book 7, Page 19, Public records of Collier County Florida, o distance of 3300.12 feet to THE POINT OF BEC-INNING; thence continue NOO'27'17'W o distance of 20.00 feet; thence N89'34'10'E parallel with the North line of property formerly owned by Gollogher a distance of 40.00 feet; thence S00'27'17'E parallel with the West line of said Section 25 a distance of 20.00 feet; thence S89'34'10'W p~allet with the North line of property formerly owned by C-<311ogher a distance of 40.00 feet to the POINT OF BEi~NNING. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) ADDITION TO WELL SITE # 3 SCRWiI-' REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SCALE: NOTED: DRAWN ElY: S.F.R.N. STAFF CHECKED ElY: (~. RAYMAN [:)ATE: 12/17/2001 REVISED 02/20/2002 Engineers · Surveyors · Mappers t~N (5~1)~1l~1 · IrAX (5S1~-~L3~0 · 11~/.~II4NC- SCALE: 1"=20' SDSK PROJECT: 0051800~ CAD FILE: 00518D.dwg J BOOK N° SHEET: NoA. ~1 I Ti'lq RLS2655 Y: XLond Projects R2XOO51800Xdwg~OO518D.dwg 04/11/2002 121~5:26 PM EDT · 7 SCALE: 1"=20' ~ N89'.34'10"E 192.3.27' (,2 35 North line of property /-~formerty owned by Oollogher POINT OF COMMENCEMENT SOUTHWEST CORNER OF SECTION 25, T49S, R26E POINT C~ BEGINNING-~ 20' UTILITY ~ EASEMENT Y~LL SITE 4 EASEMENT DESCRIPTION--ADDITION TO WELL SITE 4 A parcel of land tying in Section 25, To.ship 49 South, Range 26 East, Collier County, Florida, being more particularly described os follows: Commencing at the Southwest corner of said Section 25, run N00'2T17'W along the West line of said Section 25 and along the East line of the Plot of Golden C-~te Estates Unit 28, as recorded in Plat Book 7, Page 19, Public records of Collier County Florida, a distance of 3560.12 feet to a point on the North line of property formerly owned by Ootlagher; thence N89'34'10"E along the North line of property formerly owned by C-~llogher a distance of 1923.27 feet; thence lea~ng said North tine S00'25'§0'E o distance of 40.00 feet to THE POINT OF BEGINNING. Thence N89'~4'10"E a distance of 40.00 feet; thence S00'25'50"E a distance of 20.00 feet; thence S89'~4'10"W por~tlet with the North line of property formerly o~ed by ¢.,~llagher a distance of 40.00 feet; thence N00'25'50"W a distance of 20.00 feet to the POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) ADDITION TO WELL SITE 4 E SCR~ArfP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800 COLUER COUNTY, FLORIDA CAD FILE: O0518D.dwg._~__ NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: O. RAYMAN DATE: 12/17/200'1 Engineers · Suweyom · Mappers J~ (e~$J~.q~--II~l · FAX (~l~t)~-I)--~gO · I~v~-~C~M BOOK N° SHEET: NOA ITEM REVISED 02/20/2002 ¥:XLond Project~ R2\OO518OO\dw§\OO§18D.dwg O4/11/2OO 02:05:2 FEXHIBIT 35 ~ 3~---- POINT OF COMMENCEMENT SOUTHWEST CORNER OF SEC'DON 25. T49S. R26£ North line of property ,~"formerly owned by Gollogher N89'34'10"E/~'3883.27' POINT OF BEGINNING~-'x~ 20' UTILIT ~ EASEMENT NB9'34'10"E 4-0.00' ADDITION TO $89'34'10"W 40.00' EASEMENT DESCRIPTION--ADDITION TO WELL SITE 5 A parcel of land lying in Section 25, Township 49 South, Range 26 East, Collier County, Florida, being more porticulady described as follows: Commencing at the Southwest corner of said Section 25, run N00'27'17'W along the West line of said Sectio~ 2.5 and along the East line of the Plat of Golden C~te Estates Unit 28, as recorded in Plat Book 7, Page 19, Public records of Collier County Florida, a distance of .3360.30 feet; thence N89'34'10"E along the North line of the South Quarter of the South H~lf of said Sectio~ 25 a distonce of 3&B3.27 feet; thence leaving said North line 500'3§'56'E a distonce of 20.00 feet to THE POINT 0F BEGINNING; thence N89'34'10'E o disto~ce of 4-0.00 feet; thence S00'35'56'E a distonce of 40.00 feet; thence co89'34'10'W parotlet with the North line of property formeHy owned by Campbell a distonce of 40.00 feet; thence NO0'55'56'W parallel with the East line of property focmefly o~med by Compbefl o distance 40.00 feet to the POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT A sURvEY) ADDITION TO WELL SITE 5 IFOR: SCRWTP REVERSE OSMOSIS EXPANSION COLUER COUNTY, FLORIDA NOTED: DRA',',~I ElY: S.F.R.N. STAFF CHECKED BY: (~. RAYMAN DATE: 12/17/2001 Engineers · Surveyors · Mappers SCALE: 1"=20' SDSK PROJECT: 0051800 CAD FILE: O0518D.dwg BOOK N° SHEET: I )! REVISED 02/20/2002 Y:XLond Projects R2XOO51800Xd.gXOO518D.dwg 04/11/~ O~ 32 PM EDT SCALE: 1'=20' POINT OF COMMENCEMENI SOUTHWEST CORNER OF SECI]ON 25. T49S. R28E 56 EXHIBrr P(NNT OF BEGINNING--''~ 20' PIPE EASEMENT SOUTH LINE OF PROPERTY NOW OR FORMERLY OWNED BY HAROLD NEWELL /~ Nsg'48'27'E 1963.57' S89'48'27'W 40.00' 40.00 N89'48'27'E 40.00' 20' PIPE EASEMENT EASemENT DESCRIPllON--ADDtlION TO WELLSlll~ SiX A porce{ of Iond I~ing in Sectio~ 25, Tovns~ip 49 South, Ronge 26 Eost, Coilie~ County, F]oinda, being mo~e po~tioJla'ly described as follows: Commenting at the Southwest ¢o~ne~ of ~id ~t~ 25, ~n N~7'lT'E al~g the W~t I~e of ~id S~ti~ 25 ond ~g the E~t I~e of the Rot of ~d~ ~te Estot~ Unit 28, ~ r~d~ ~ Rot B~ 7, Poge 19, Publ~ r~ of Cali~ C~nty FI~o, o dist~ce of 2~6.18 f~t ~ce Nsg'~'2~E a~g ~e ~ I~e extmd~ of ~y no~ ~ f~y o~ by H~d Nmdl a dist~ce of 1~3.57 f~t; thee N~I'~'W a d~t~ce of ~.~ f~t to ~[ P~NT ~ ~NING; ·mce c~tinue N~'~'27~ a d~t~ce of ~.~ f~t ~mce N~31'05'W a ~t~ce of 20.~ f~t; · ~ce ~'~'27'W a~g o I~ ~o~a ~th ~ ~tmd~ I~e ~ d~t~ce of ~,~ f~ ~ce ~'31'~'E ~ d~t~ce ~.~ fret to ~e ~NT ~ 1 SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) ADDITION TO WELLSITE SIX SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800 CAD FILE: OO518D.dwg DRAWN BY: S.F.R.N. STAFFJ D^TE: 05/15/2002 Engineers · Surveyors · Mappers BOOK Ne SHEET: Y: XLond Proiects R2'XOOS18OO'XdwqkOOS18D.dwq 04/11/2002 12:52:54 P~ F~I~.T_..~ SCALE: 1'=20' 26~25 POINT OF COMMENCEMENT 55 36 SOUTHWEST CORNER OF SECTION 2.5, T49S. R28E~ POINT OF BEGINNING--~ UTIuTY EASEMENT SOUTH LiNE OF PROPERTY NOW OR FORMERLY OWNED BY HAROLD NE'NELL /~/N89'4-8'27'E 5926.73 g 589'4.B'27-W 40.00- N89'415'27 Ir. 40.00' IBJ. SrlE tll 7 N89'4,B'27'E 40,00' EASEMENT DESCRIPTION--ADDITION TO WELL SITE SEVEN A parcel of land lying in Section 25, Township 49 South, Range 26 East. Collier County, FloridQ, being more particularly described os follows: Commencing at the Southwest corner of said Section 2.5, run N00'27'17"E along the West line of said Section 25 and along the East line of the Plat of Golden Gate Estates Unit 28, as recorded in Plat Book 7, Page 19, Public records of Collier County Florida, a distance of 2016.18 feet; thence N89'48'27"E along the South line extended of property now or formerly owned by Harold Newell a distance of ,:3926.73 feet; thence N00'35'56"W a distance of 40.00 feet to THE POINT OF BEGINNING; thence N89'48'27"E parallel to said South line a distance of 40.00 feet; thence N00'35'56"W along the West line of property now or formerly owned by bhaduri a distance of 20.00 feet; thence S89'48'27"W along a line parallel with said extended line a distance of 40.00 feet; thence S00'35'56"E along a distance of 20.00 feet to the POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) ADDITION TO SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA rSCALE, NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: (~. RAYMAN D,~,TE: 03/15/2002 Engineers · Surveyors · Mappers 1201 ~rL~¢..~[ ROAO. ~T PN..M ~ FL~ ~5 WELL SITE SEVEN SDSK PROJECT: O051 800 CAD FILE: OO518D.dwg _, iFIELD BOOK N° SHEET~I N.A. S2633 ~,:~Land Projects R2NOO51800~ctwg~OO5~8D.ctwg 04/22/2002 O2:C i:35 Pt,,,I EDT L N.TS FORMERLY PROPERTY OF HAROLD NEWELL EXHIBIT North line of South Quarter of North ,-'loaf Sect/on N85'~,8'27"E 4958.21' FC, RMERL~ South llne at North Quarter ~RCPERT'Y CF of South Half Section 25 P~STOR~ EASEMENT DESCRIPTION--ADDITION TO NEW WELLSITE SEVEN A parcel of land lying in Section 25, Township 4g South, Range 26 East, Collier County, Florida. being mo~e particularly described as follows: Commencing at the Southwest corner of said Section 25, run NO0'27'17'W along the West llne of said Sectio~ 25 and along the East line of the Plot of Golden Gate Estates Unit 28, os recorded in Plot Book 7, Page 19, Public records of Collier County Ftorido, a distance of 2016.18 feet; thence N89'4~8'27'E along the South line of the North Quarter of the South Half of said Section 25 (3 distance of 4958.21 feet to the Northeast corner of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of said Section 25; thence S00'38'37"E a distance of 40.00 feet to the POINT OF BEGINNING; thence continue S00'38'37'E along the East line of said Northwest Quarter o distance of 20.00 feet; thence S89°48'27"W a distance of 40.00 feet; thence N00'38'37'W along a line parallel with said East line o distance of 20.00 feet; thence N89'48'27'E o distance 40.00 feet to the POINT OF' BEGINNING SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) ADDITION TO NEW WELLSITE 7 E SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: NOT TO SCALE DRAW~ BY: S.F.R.N. STAFFJ D^TE: 05/15/2002 Engineers · Surveyors · Mappers BOOK N° 00518D~ N.Ao Y:\Land Proiects R2\OO51800\dwa\OO518D.dwa 04/11/2002 12:58:33 P ~).T EXECUTIVE SUMMARY FEASIBILITY ASSESSMENT AND PRELIMINARY PRESENTATION OF LANDFILL GAS TO ENERGY PROJECT OBJECTIVE: To present the Collier County (County) Board of County Commissioners (Board) the findings of the Landfill Gas to Energy (LGTE) Project assessment at the Naples Landfill and activate Section 2.25 - Ownership of Landfill Gas; Gas Utilization Alternatives of the Landfill Operation Agreement with Waste Management Inc., (WMI). CONSIDERATIONS,:. 1. As a follow up to the Board of County Commissioner's (Board) general direction received in the December 20, 2000 Solid Waste Workshop and the January 9t~, 2001, March 27t~, 2001, and April 24th, 2001 regular meetings, the Board directed staff to explore the use of landfill gas as an energy resource during the June 26th, 2001 regular meeting. 2. Staff made the necessary task assignments to the Consultant Malcolm Pirnie Inc. (MPI) to evaluate the feasibility of a joint LGTE project pursuant to the Landfill Operating Agreement. The Consultant, MPI, has completed their feasibility assessment of the LGTE based on the presentation of the proposed project by WMI. 3. Staff strongly recommends that the operator of the LGTE plant should be the same operator as the Naples Landfill, WMI, pursuant to the Landfill Operation Agreement. WMI will have sole responsibility for gas collection/odor control and re-use. 4. Staff also directed WMI and MPI as our Contractor and Consultant, respectively, to make odor control a top priority for LGTE system design criteria in this endeavor. This action is consistent with the Board's direction received in the December 20, 2000 Solid Waste Workshop and the January 9~h, 2001, March 27~h, 2001, and April 24th, 2001 regular meetings. 5. From a financial management standpoint, staff requests the Board to consider financing this project using Solid Waste Fund Capital and Contingency Reserves, which would eliminate financing fees including interest rates. FISCAL IMPACT: The fiscal impact is to be determined as a part of formal joint LGTE proposal that will be developed and brought back to the Board for approval. The funds are available in Solid Waste Disposal Fund (470), Capital and Contingency Reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board: 1) Approve the LGTE Project staff initiative and direct staff to activate the LGTE Section of the Landfill Operation Agreement to develop the Landfill Gas to Energy Project proposal. AGENDA ITEM HAY 2 8 2002 2) Authorize staff, with the assistance of the County Attorney's Office, to negotiate with Waste Management Inc., pursuant to Section 2.25 of the Landfill Operation Contract, and bring the negotiated proposal, including associated costs, back to the Board for approval. SUBMITTED BY: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department Thomas G. Wides Interim Public Utilities Administrator MAY 2 8 2002 EXECUTIVE SUMMARY ADOPT A RESOLUTION AND APPROVE A REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY THAT WILL NET $92,067 IN REVENUE. OBJECTIVE: Adopt a Resolution and approve a Real Estate Exchange and Purchase Agreement between the Board of County Commissioners (County) and the District School Board of Collier County (School Board) to enable the County to assemble property to construct a pedestrian/bike path (pathway) for public use along the Golden Gate Canal between CR 951 and Golden Gate Community Park on Santa Barbara Boulevard. CONSIDERATION: The County owns the two properties shown as Parcels 17 and 19 on the attached sketch while the School Board owns Parcels 28, 29 & 32. The County requires use of the north 165 feet of these parcels for the pathway so the County staff has reached an agreement with the School Board staff to exchange the balance of Parcel 17 (3.75 acres) for the north 165 feet of Parcels 28, 29 & 32 (3.75 acres) and to sell the School Board the balance of Parcel 19 (3.75 acres) for $92,500, the property's value per a School Board appraisal. The County's Review Real Estate Appraiser reviewed and approved the School Board's appraisal and gave a written opinion that the properties being exchanged have equal values. In considering this transaction, the Board of County Commissioners must determine that the County's property being exchanged and sold, and described in attached Exhibit "B" to the Real Estate Exchange and Purchase Agreement, is no longer required for County purposes, and that it is in the best interest of the County that the property be exchanged and sold to the School Board. Staff is of the opinion that it is indeed in the best interest of the County to consummate this transaction. Pursuant to Florida Statutes, Sections 125.37 & 125.38, this proposed purchase and exchange of public property has been properly advertised once a week for two weeks in the Naples Daily News. A copy of the Legal Notice and Affidavit of Publication are on file in the Facilities Management Department. In addition, the School Board is attempting to purchase Parcel 47 (also shown on the attached sketch) and has agreed to grant the County a Pedestrian and Bicycle Easement Agreement (Exhibit "C" to the Real Estate Exchange and Purchase Agreement) across the north 165 feet thereof. The County Attorney's office has reviewed and approved all documents in conjunction with this transaction. FISCAL IMPACT: The $92,500 in revenue, the closing costs of $33.00 for recording the deed to the County and recording of the Pedestrian and Bicycle Easement Agreement, and the advertising cost of $400 will be deposited and charged, respectively, to the Naples and Urban Collier County Community Parks Impact Fee Trust Account (Fund 368). Agenda Itfm No. /~ D ,/ EXECUTIVE SUMMARY Agreement with School Board Paqe 2 GROWTH MANAGEMENT IMPACT: Construction of the pathway is part of the Growth Management Plan Recreation and Open Space Element facility inventory. RECOMMENDATIONS: That the Board of County Commissioners: 1. Adopt the attached Resolution, required pursuant to Sections 125.37 & 125.38, Florida Statutes, providing for the purchase and exchange of the property; 2. Authorize the Chairman to execute the Resolution; 3. Find that the property described on Exhibit "B" is not required for County purposes and approve the attached Real Estate Exchange and Purchase Agreement between Collier County Board of County Commissioners and The District School Board of Collier County; 4. Authorize the Chairman to execute the attached Real Estate Exchange and Purchase Agreement; 5. Direct staff to proceed finalizing the purchase and exchange of the property in accordance with the Agreement and Resolution, and to follow all appropriate real estate/closing procedures; 6. Authorize the Chairman to execute all required documents necessary to conclude these transactions; and 7. Accept for recording in the Public Records all properly executed conveyance instruments wherein the County is named as Grantee, once approved by the County Attorney's Office. SUBMITTED BY: Rachel Collazo, Property/Acquisition Specialist Facilities Management Department REVIEWED ~- Tom~A. Mott, Property Acquisition Supervisor Facilities Management Department REVIEWED BY: ~ ~'~,~ ¢%j ' Date: ChC.'rtes E. Carrington, Jr., SR/WA, Ma ag Property Acquisition & Construction Management Facilities Management Department Agenda Item No. /CD / EXECUTIVE SUMMARY Agreement with School Board Page 3 REVIEWED BY: REVIEWED BY: APPROVED BY: Skip Camp, Director Facilities Management Department Maria Ramsey, Dirc'stor ' Parks and Recreat~n___.Department John ~)unnuck, 'Administrator Publt~l Services Division Date: Date: Date: Agende Ite~ MAY 2 8 , O0 ~T NO. /~,6 £ HAY 2 '8 RESOLUTION NO. 2002- ~ 1 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA, FINDING THAT CERTAIN COUNTY- 5 OWNED PROPERTY IS NOT NEEDED FOR COUNTY PURPOSES, 6 APPROVING A REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT 7 BETWEEN THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, 8 FLORIDA AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 9 COUNTY, FLORIDA, WHICH WILL ENABLE THE COUNTY TO ASSEMBLE 10 PROPERTY TO CONSTRUCT A PEDESTRIAN BIKE PATH FOR 11 COMMUNITY USE, AND AUTHORIZING ITS CHAIRMAN TO EXECUTE 12 ALL DOCUMENTS NECESSARY TO EFFECTUATE THIS TRANSACTION. 13 14 WHEREAS, Collier County owns certain property identified as Parcels 17 and 19, and has 15 determined that all but the northern 165 feet of these parcels is not needed for County purposes, which 16 property is more particularly described in Exhibit "B," attached hereto; and 17 18 WHEREAS, the District School Board of Collier County, Florida, has requested that Collier 19 County sell this unneeded property to the School Board at fair market value so it can be utilized for 20 campus facilities for a proposed high school on property immediately adjacent to artd south of the 21 Count3, property; and 22 23 V~:HEREAS, the District School Board of Collier County owns certain property identified as 24 Parcels 28, 29 and 32, and is willing to exchange the northern 165 feet of these parcels to Collier 25 County for propert3' of equal value, which properly' is more particularly described in Exhibit "A," 26 attached hereto; and 27 28 WHEREAS, the staff of Collier County and the District School Board of Collier Count.,,' have 29 negotiated certain terms and conditions ora Real Estate Exchange and Purchase Agreement, a cop.',' of 30 which is attached hereto as Exhibit "C," which provides for the exchange and purchase of these 31 properties; and 32 33 V~'ttEREAS, in accordance xvith Section 125.37, Florida Statutes, this proposed exchange of 34 public properties has been properly advertised once a week for two weeks in the Naples Dmlv News, a 35 newspaper of general circulation in Collier Count.','; and 36 37 VCHEREAS, the Board of County Commissioners of Collier County (County), having 38 considered the facts and recommendation presented by Staff, now finds that the County's interest in 39 property described in Exhibit "B" as Parcel 17 is not needed for County purposes, that the School 40 Board property described in Exhibit "A" is needed for construction of a pedestrian bike pathway and is 41 equivalent in size and value to Parcel 17, and the exchange of the foregoing properties as contemplated 42 by the Real Estate Exchange and Purchase Agreement is in the best interest of the County'; and 43 44 WHEREAS, the Board of County Commissioners of Collier County, having considered the 45 facts and recommendation presented by Staff, now finds that the County's interest in property 46 described in Exhibit "B" as Parcel 19 is not needed for County purposes, that the foregoing Parcel 19 47 is required by the District School Board of Collier County for construction of a high school campus, 48 that purchase price of $92,500.00 represents the fair market value of the property, and that the 49 conveyance of the foregoing property is in the best interest of the County. 5O 51 NOW, THEREFORE, HAVING FOUND THAT THE CONDITIONS OF SECTIONS 52 125.37 AND 125.38, FLA. STAT., HAVE BEEN MET, BE IT RESOLVED BY THE BOARD OF 53 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 54 55 1. The foregoing recitals are true and are hereby adopted and incorporated herein as if 56 fully restated. 57 58 2. The Board of County Commissioners of Collier County, Florida, hereby approves the 59 exchange and purchase of County property as described above and all terms and conditions of the 60 attached Real Estate Exchange and Purchase Agreement, directs and authorizes its Chairman, on 61 behalf of this Board, to execute the Real Estate Exchange and Purchase Agreement, and approves and 62 authorizes any acts necessary to convey and accept the properties, and otherwise comply with the 63 lemas of the Real Estate Exchange and Purchase Agreement. 64 65 3. This Resolution shall take effect immediately upon adoption. 66 Agendl Item No._ (c o ! PlAY 2 8 2002 ~g"i',, -~ - 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 ADOPTED this favoring adoption. __ day of ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and lemffsufficidncv; /' / Ellen T. Chadwell Assistant Count)' Attorney ,2002 after motion, second and majority vote BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. JAMES N COLETTA, CHAIRMAN No. /,~ ~> ( ] MAY ~2 8 200 EXHIBIT "A" THE SCHOOL BOARD PROPERTY PROPERTY LYING WITHIN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 165 FEET OF THE FOLLOWING THREE PARCELS OF LAND: PARCEL 28 THE WEST V2 OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ PARCEL 29 THE EAST V2 OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ PARCEL 32 THE EAST V2 OF THE NORTHEAST 1/4 OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ I A gend~ Item HAY 2 , 72002 , Pg': , -- EXHIBIT "B" COLLIER COUNTY PROPERTY PROPERTY LYING WITHIN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 17 THE EAST ½ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼, LESS AND EXCEPT THE NORTH 165 FEET THEREOF; AND PARCEL 19 THE WEST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST 'A OF THE NORTHWEST ¼, LESS AND EXCEPT THE NORTH 165 THEREOF. No._/:¢ . PlAY 2 2002 Exhibit "C" REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT THIS REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT (the "Agreement") is made this ~ day of ., 2002 by and between THE DISTRICT SCHOOL BOARD OF COLLIER CO[~'TY, FLORIDA (the "School Board"), and THE BOARD OF COU~'TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the "County"). WITNESSETH THAT: WHEREAS, the School Board is the owner of certain real property located in Collier County, Florida and more particularly described on Exhibit "A" attached hereto and made a part hereof (the "School Board Property"); and WHEREAS, the County. is the owner of that certain real property also in Collier County, Flor/da and more particularly described on Exhibit "B" attached to this Agreement (the "CounD' Property"): and WHEREAS. the School Board Property is 3.74 acres and the County Property is 7.44 acres: and WHEREAS. the School Board desires to exchange the School Board Proper'fy Ibr an equivalent portion of the CountY Property. and to purchase the remaining 3.7 acres of the County Property according to the terms and conditions hereinafter set forth in this Agreement: and WHEREAS. the County desires to exchange a 3.74 acre portion of the County Property for the School Board Property and to sell the remaining 3.7 acres of the Count).' Propert-y to the School Board according to the terms and conditions hereinafter set forth in this Agreement; and WHEREAS, the Count Property is not needed for County purposes and the School Board has requested that the County sell the aforedescnbed portion of the County Property to the School Board to be used for a school facility; and WHEREAS, the County is authorized by s. 125.38, Fla. Stat., to effect a pr/rate sale to the School Board of that portion of the CounTy, Property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, representations and undertaldngs of the parties set forth herein, the adequacy and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. RECITALS. The above recitals are tree and correct and incorporated herein by this reference. 2. EXCHANGE. The School Board agrees to convey the School Board Property to the County and, in exchange, the County agrees to convey a portion of the County Property comprised of 3.7 acres to the School Board. 3. PI~qt. CHASE. The County agrees to sell and the School Board agrees to buy the remaining 3.7 acres of the County Property for the sum of $92,500.00. Agendo Item MAY 2 8_2002 Pg-. L/ 4. VALUES. For the purposes of this exchange and purchase, and for the computation of title insurance premiums, the value of the County Property shall be $186,000.00 (which total equals 7.440 acres multiplied by $25,000.00 per acre) and the value of the School Board Property shall be $93,500.00 (which total equals 3.74 acres multiplied by $25,000.00 per acre). 5. PAYMENT BY SCHOOL BOARD. At Closing, the School Board shall pay to the County the sum of $92,500.00, either (i) in cash, (ii) by cashier's check drawn on a bank or savings and loan association doing business in Collier County, Florida, or (iii) by a wire transfer on the closing date of cleared federal funds to the account of the Roetzel & Andress, L.P.A., 850 Park Shore Drive, Suite 300, Naples, Florida 34103 ("Roetzel & Andress") who shall act as closing agent. 6. TITLE OF THE SCHOOL BOARD PROPERTY. (a) The County may elect to obtain and correspondingly pay at Closing the cost of a title search on the School Board Property and the owner's title insurance premium at the minimum rate promulgated by the insurance commissioner of the State of Florida for issuance of an owner's title insurance policy to be issued as described below. If the County elects to obtain an Owner's Title Insurance Commitment (the "County comrmtment"), the County Commitment shall (i) have appended thereto le~ble true copies of any and all documents referenced as exceptions to title in Schedule B-ri thereof ("County. Exception Documents"), (ii) show and evidence that title to the School Board Property, is currently in the name of the School Board. and (iii) show and evidence that title is good, marketable and insurable, subject only to the permitted exceptions listed below in Section 5(b). If the County. elects to obtain a title commitment, the County. Commitment shall be obtained by the County within ~'enty (20) days after the Effective Date. (b) The School Board Property shall be sold, and good and marketable title is to be conveyed, subject to the following permitted exceptions: (1) Real estate taxes and assessments for the year of closing and subsequent years, for which a bill has not been rendered as of the Closing Date (as described in Section $). (2) Any title encumbrances or exceptions which are set forth in the Count' Commitment, or in the County. Survey described in Section 5(c) of this A~eement, to which the Count3.' does not object within the respective applicable review period. (c) Within thirty (30) days from the Effective Date, the County, at its own expense, may obtain an up-to-date survey of the School Board Property prepared by a State of Florida licensed surveyor (the "County Survey") certified to the County, the Title Company, and to any lending institution the County may designate. If the County Survey reveals any easements or encroachments affecting the School Board Property and the County delivers written notice of the same to the School Board within forty- five (45) days from the Effective Date (the "County Survey Review Period") then said easement or encroachment shall be treated as a defect in title and the provisions of Section 5(d) of this Agreement shall apply. Unless the County delivers written notice of any such easement or encroachment within the County Survey Review Period, time being of the essence, it shall be conclusively deemed that the County has accepted the School Board Property subject to any easements or encroachments affecting the School Board Property. The School Board agrees to provide a copy of any existing survey for the School Board Property. to the County; however, any reliance by the County on said survey will be at its own risk. Agenda Ite~. 0 ! HAY 2 8 2OOZ pg. /'c; (d) If the County ComnUtment or County Survey shall reflect that the School Board's title is subject to matters, which are not acceptable to the County, in the County's sole discretion, and the County shall notify the School Board of the County's objections to the same in writing within the later of forty-five (45) days from and after the Effective Date ("County Title Review Period"), time being of the essence, the same shall be treated as defect(s) in title. Unless the County delivers written notice to the School Board of the County's objections to title within the County Title Review Period, time being of the essence, it shall be conclusively deemed that the County has accepted title to the School Board Property in its then existing condition. The School Board shall have thirty (30) days from and aRer receipt of the County's objections to cure any defect(s) in the School Board's title and the School Board agrees that School Board shall use due diligence in curing any such defect(s). If the School Board does not cure the title defect(s) within said thirty (30) day period, the County shall have the option of either: (i) closing this transaction in accordance with the terms and provisions hereof and accepting title in its then existing condition; or (ii) terminating this transaction upon notice to the School Board, within fifteen (15) days after expiration of said thirty(30) day period, whereupon the School Board and the County shall be released from any and all further obligations and liabilities arising under or out of this Agreement. If the County shall fail to terminate this Agreement by ~ving notice of the same to the School Board within fifteen (15) days from and after the expiration of said thirty (30) day period, time being of the essence, then it shall be deemed that the County has accepted title in its then existing condition and the County shall proceed to close this transaction in accordance with the terms and conditions hereof. 7. TITLE OF THE COL~'TY PROPERTY. (a) The School Board shall pay at Closing the cost of a title search on the County Property and the owner's title insurance premium at the minimum rate promulgated by the insurance commissioner of the State of Florida for issuance of an owner's title insurance policy to be issued as described below. The Owner's Title Insurance Commitment (the "School Board Commitment") shall be issued by Attorneys' Title Insurance Fund, Inc., Orlando, Florida through ROETZEL & ANDRESS (the "Title Company"). The School Board Commitment shall be furnished by the Title Company to the School Board within twenty (20) days after the Effective Date. The School Board Commitment shall (i) have appended thereto legqble true copies of any and all documents referenced as exceptions to title m Schedule B-II thereof ("School Board Exception Documents"), (ii) show and evidence that title to the County, Property is currently in the name of the County, and (iii) show and evidence that title is good, marketable and insurable, subject only to the permitted exceptions listed below in Section 6(b). (b) The County Property shall be sold, and good and marketable title is to be conveyed, subject to the following perrmtted exceptions: (1) Real estate taxes and assessments for the year of closing and subsequent years, for which a bill has not been rendered as of the Closing Date (as described in Section 9). (2) Any title encumbrances or exceptions which are set forth in the School Board Commitment, or in the School Board Survey described in Section 6(c) of this Agreement, to which the School Board does not object within the respective applicable review period. (c) Within thirty (30) days from the Effective Date, the School Board, at its own expense, may obtain an up-to-date survey of the County Property prepared by a State of Florida licensed surveyor (the "School Board Survey") certified to the School Board, the Title Company, and to any lending institution the School Board may designate. If the School Board Survey reveals any easements or encroachments affecting the County Property and the School Board delivers written notice f_the same to Agendo ( HAY 2 8 2002 3 the County within forty-five (45) days from the Effective Date (the "School Board Survey Review Period") then said easement or encroachment shall be treated as a defect in title and the provisions of Section 6(d) of this Agreement shall apply. Unless the School Board delivers written notice of any such easement or encroachment within the School Board Survey Review Period, time being of the essence, it shall be conclusively deemed that the School Board has accepted the County Property subject to any easements or encroachments affecting the County Property. (d) If the School Board Commitment or School Board Survey shall reflect that the County's title is subject to matters, which are not acceptable to the School Board, in the School Board's sole discretion, and the School Board shall notify the County of the School Board's objections to the same in writing within the later of forty-five days from and after the Effective Date ("School Board Title Review Period"), time being of the essence, the same shall be treated as defect(s) in title. Unless the School Board delivers written notice to the County of the School Board's objections to title within the School Board Title Review Period, t/me being of the essence, it shall be conclusively deemed that the School Board has accepted title to the County Property in its then existing condition. The County shall have thirty (30) days from and after receipt of the School Board's objections to cure any defect(s) in the County's title and the County agrees that the County shall use due diligence in curing any such defect(s). If the County does not cure the title defect(s) within said thirty (30) day period, the School Board shall have the option of either: (i) closing this transaction in accordance with the terms and provisions hereof and accepting title in its then existing condition: or (ii) terminating this transaction upon notice to the County, within fifteen (15) days after expiration of said thirty (30) day period, whereupon the School Board and the County shall be released from any and all further obligations and liabilities arising under or out of this A~eement. If the School Board shall fail to terminate this Agreement by gtving notice of the same to the County within fifteen (15) days from and after the expiration of said thirty (30) day period, time being of the essence, then it shall be deemed that the School Board has accepted title in its then existing condition and the School Board shall proceed to close this transaction in accordance with the terms and conditions hereof. 8. CONDITIONS PRECEDENT TO THE SCHOOL BOARD'S OBLIGATION TO CLOSE. The School Board's obligation to consummate the transactions contemplated hereunder is conditioned upon the District School Board of Collier County approv/ng this Agreement on or before May 2, 2002. 9. CONI)ITIONS PRECEDENT TO THE CO[~'TY'S OBLIGATION TO CLOSE. The County's obligation to consummate the transactions contemplated hereunder is conditioned upon the Board of County Commissioners of Collier County approving this Agreement on or before May 28, 2002. 10. CLOSING AND CLOSING DATE. The transactions described herein shall be "closed" and titles to the properties shall be conveyed by delivery of a fully executed Deed (as defined below in Section 10) and other closing documents, including, without limitation, those described below in Section 10, (referred to herein as the "Closing") at 10 o'clock a.m. on the Closing Date (as hereinafter defined) at the offices of ROETZEL & ANDKESS, 850 Park Shore Drive, Suite 300, Naples, Florida 34103, or at such other place which the School Board and the County shall mutually agree upon in writing. The date of Closing, as to which time shall be of the essence, shall be on or before sixty (60) days after the Effective Date (the "Closing Date") unless otherwise modified or extended pursuant to the provisions of this Agreement or mutually agreed upon in writing between the School Board and the County. 11. the following: CLOSING DOCUMENTATION. At Closing, each party shall deliver to the other parry 4 Agend~ Ite~ No. _/~o / PIAY 2 8 2002 (a) The School Board shall deliver a good and sufficient special warranty deed and the County shall deliver a statutory deed as prescribed by Section 125.411, Florida Statutes; Co) An owner's gap, mechanics' lien, and "non-foreign" affidavit, which in the case of the County, may be executed by Assistant County Attorney on behalf of the County; and (c) Possession of the applicable property. 12. CLOSING EXPENSES. At Closing, each party shall pay for its title insurance premium and recording fees for the property the party is receiving. Each party shall pay for its own attorney's fees incurred in connection with the closing. 13. SELLER'S COOPERATION- HIGH SCHOOL PERMITTENG. The School Board intends to construct a high school on the County Property and other property owned by the School Board located adjacent to the County Property.. The County will cooperate in good faith with the School Board in, and School Board is hereby expressly authorized by the County to apply for, to pursue, and to obtain in the County's name (or in the School Board's name or both as the School Board may deem desirable) any perrmt or other governmental approval which may be required to construct, operate and use the development facilities which School Board intends to construct upon the County Property. The County further agrees to execute, acknowledge, consent to, join in. and deliver all documents, applications and other papers which may be necessary to make such applications or to obtain such licenses and permits: provided that the County shall not be required to pay any tees. charges or costs therefore. The County is granting the foregoing authorization to the School Board so as to allow the School Board to commence the permitting process prior to Closing. This para~aph shall not m any way be construed as the County accepting any responsibility or liability for the preservation or relocation of gopher tortoises or other similarly protected animals that may be located on the County Property. 14. SELLER'S COOPERATION- PEDESTRIAN' ,.MND BICYCLE PATHWAY PERMITTING. The County intends to construct a pedestrian and bicycle pathway (the "Pathway") across the following parcels of real property: The School Board Property.: and The Northerly 165 feet of the West V2 of the Northeast 1/4 of the Northwest V4 of the Northwest '/4 of Section 34, Township 49 South, Rage 25 East, Collier County, Florida; and The Northerly 165 feet of the East V: of the Northwest '/4 of the Northeast 74 of the Northwest V4 of Section 34, Township 49 South, Rage 25 East, Collier County, FlOrida. The School Board agrees to assist the County in obtaining certain perrmts for the construction of the Pathway. The County will cooperate in good faith with the School Board in, and School Board is hereby expressly authorized by the County to apply for, to pursue, and to obtain in the County's name (or in the School Board's name or both as the School Board may deem desn'able) any permit or other governmental approval from the South Florida Water Management District or the U.S. Army Corps of Engineers which may be required to construct, operate and use the Pathway. The County further agrees to execute, acknowledge, consent to, join in, and deliver all documents, applications and other papers which may be necessary to make such applications or to obtain such licenses and pernuts. The parties agree that any conslruction undertaken by the School Board relating to the Pathway shall not commence without prior notice and approval by the County. [Agend~ I~e.m ' No. "AY -2 * Pg .~, 15. PEDESTRIAN AND BICYCLE EASEMENT. The School Board is currently the holder of an option to purchase the following portion of real property: The West 72 of the Northwest ¼ of the Northwest ¼ of the Northwest xA, Section 34, Township 49 South, Range 26 East, Collier County, Florida (the "Fleming Property"). No later than thirty (30) days after the School Board's acquisition of the Fleming Parcel, the School Board and the County shall execute the Pedestrian and Bicycle Easement Agreement attached hereto and made a part hereof as Exhibit "C", which agreement generally provides the County with an easement for pedestrian and bicycle access over and across the sidewalks and bicycle paths located within the northerly 165 feet of the Fleming Property. The provisions of this Section 15 shall specifically survive the Closing of this transaction. 16. SITE CLEARING. Prior to Closing, the School Board shall have the fight to enter upon, clear, remove, and keep clear all brush, trees and other vegetation located on the County Property, subject to School Board's obtaining all necessary permits and approvals from any applicable federal, state, and/or local governmental agencies prior to commencing any such clearing activities. The School Board shall provide the County with at least ten (10) days notice prior to commencing any clearing activity. To the extent permitted by law, the School Board shall hold the County harmless from and indemnify the CounW against any loss, claim, damage, or liability arising from any such activities: provided, however, this provision shall not be construed to alter the state's waiver of sovereig~n immunity, as to the District School Board of Collier CounW or extend the liability, of the D/st-r/ct School Board of Collier County beyond the limits established in Section 768.28, Florida Statutes. The School Board is expressly prohibited from and has no right whatsoever to violate any federal, state or local law, ordinance, or regulation controlling or otherwise dealing with such clearing and vegetation removal. All clearing and vegetation removal shall be done at the sole cost and expense of the School Board. 17. BROKER'S CO,EMISSION. The parties warrant and represent that they have not employed nor utilized the sermces of any real estate broker in connection W~th the negotiation of the transaction contemplated in this Agreement. If any broker, other than as provided below, shall claim compensation against either party by reason of the alleged representation of the other party, the party whom such broker purports to have represented shall hold the other party, harmless from. and defend such other party against, any such claim for compensation. This paragraph shall surVive the closing or any termination of this contract. 18. NOTICES. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier or telecopier or facsimile transmission, or sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Collier County: Real Property Management Department Administration Building Attn: Toni Mott 3301 Tamiami Trail East Naples, Florida 34112 Agenda Item No. MAY 2 8 2002 P~.~ With a copy to: Ellen T. Chadwell, Esq. Assistant County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 If to School Board: District School Board of Collier County 3710 Estey Avenue Naples, Florida 34104 Attn: Mr. James H. Simms Phone: (239) 436-6450 Facsimile: (239) 436-653l With a copy to: ROETZEL & ANDRESS, L.P.A. 850 Park Shore Drive Naples, Florida 34103 Artn: Gregory L. Urbancic, Esq. Phone: (239) 649-6200 Facsimile: (239) 261-3659 Any notice demand, request or other communication shall be deemed to be given upon actual receipt in t}~e case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after depositing the same in a letter box or by other means placed w/thin the possession of the United States Postal Sermce. properly addressed to the party in accordance w/th the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via telecopier or facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested on the day of such transmission. Any such transmission received after 5:00 p.m. Eastern Standard Time (or Daylight Savings Time, whichever then applicable) shall be deemed to have been given on the next folloWnng business dav. For purposes of delivering and receiving any notices, demands, requests or other communications under this Contract, the attorneys for Purchaser may directly contact Seller and the attorneys for Seller may directly contact Purchaser. The respective attorneys for both Seller and Purchaser are hereby expressly authorized to give and receive any notice, demand, request or to make any other communication pursuant to the terms of this Contract on behalf of their respective clients. The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 19. CAPTIONS. The captions in this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part hereof. 20. CONSTRUCTION. No provision of this Agreement shall be construed by any court or other judicial authority against any party hereto by reason of such party's being deemed to have drafted or structured such provision, it being recognized that both parties have contributed to the drafting of this Agreement. Agenda Irem MAY 2 8 2002 21. ORIGINAL DOCUMENT. This Agreement may be executed by both parties in counterparts, each of which shall be deemed an original, but all of such counterparts taken together shall constitute one and the same Agreement. 22. GOVERNING LAW. This Agreement shall be construed, and the rights and obligations of the parties hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any disputes concerning this Agreement shall be Collier County, Florida. 23. NON-MERGER. Any provision hereof which by its terms would be performed after the Closing Date shall survive the closing and shall not merge in the closing or in the deeds, except as specifically provided to the contrary herein. 24. DEFAULT. In the event that a party defaults hereunder, the non-defaulting party shall be entitled to all remedies in law or in equity against the defaulting party. 25. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto with respect to the exchange of the properties and supersedes all prior understandings, if an)', there being no other oral or written prormses, conditions, representations, understandings or terms of any kind as conditions or inducements to the execution hereof and none have been relied upon by either paW. Any subsequent conditions, representations, warranties, or agreements shall not be valid and binding upon the parties unless in writing and si~ed by both parties. 26. AMENDMENTS. This Agreement may not be changed, modified or terrmnated, except by an instrument executed by the parties hereto. 27. EFFECTI¥t2 DATE. The Effective Date of this Agreement shall be the date on which the last party, to execute this Agreement does so. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the Effective Date. SIGNED AND ACKNOWLEDGED THE PRESENCE OF: THE DISTRICT SCHOOL BOARD OF COLLIER CO/2NTY, FLORIDA (Print Name: (Print Name: By: James H. Simms, Associate Supenntendent/Operations Date: lg~ndt~ Ite.m HAY 2 8 2002 F' ~ ,. ,.~,_.._..~ BOARD OF COUNTY COMMISSIO~ OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK By: JAMES N. COLETTA, Chairman By: , Deputy Clerk Date: Approved as to form and legal sufficiency: .,//Ellen T. Chadwell Assistant County Attorney 376267_I Agenda Item No.~ HAY 2 8 7002 Pg._ EXHIBIT "A" THE SCHOOL BOARD PROPERTY PROPERTY LYING WITHIN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 165 FEET OF THE FOLLOWINGTHREE PARCELS OF LAND: PARCEL 28 THE WEST V, OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ PARCEL 29 THE EAST V, OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ PARCEL 32 THE EAST 72 OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ Agenda Item / EXHIBIT "B" COLLIER COUNTY PROPERTY PROPERTY LYING WITHIN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORDA BEING MORE P.ad~.TICULARLY DESCPd:BED AS FOLLOWS: PARCEL 17 THE EAST V2 OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼, LESS AND EXCEPT THE NORTH 165 FEET THEREOF; PARCEL 19 THE WEST V2 OF THE NORTHEAST !J4 OF THE NORTHWEST ¼ OF THE NORTHWEST ¼, LESS AND EXCEPT THE NORTH 165 THEREOF. Agenda Item No._ MAY 2 This instrument was prepared without opinion of title by and after recording return to: Gregory L. Urbancic, Esquire Roetzel & Andress, a Legal Professional Association 850 Park Shore Drive Trianon Centre, Third Floor Naples, Florida 34103 (239) 649-62O0 (Space above this line for recording data) PEDESTRIAN AND BICYCLE EASEMENT AGREEMENT THIS PEDESTRIAN AND BICYCLE EASEMENT AGREEMENT (this "Agreement") is made this day of , 2003, by and between THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA ("Grantor"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Grantee"). WITNESSETH THAT: WHEREAS. Grantor is the owner of that certain real property located in Collier County, Florida and described on Exhibit "A" attached hereto and made a part hereof (the "School Board Property"); and WHEREAS, Grantee is owner of that certain real property located in Collier County, Florida and described on Exhibit "B" attached hereto and made a part hereof (the "County Property"); WHEREAS, Grantee is planning to install and maintain pedestrian and bicycle pathways upon the County property; and WHEREAS, Grantee desires to extend the pedestrian and bicycle pathways across and through the School Board Property; and WHEREAS, Grantor wishes to grant to Grantee, as the owner of the County Property, a perpetual non-exclusive easement for pedestrian and bicycle ingress and egress over, across and upon the sidewalks and bike paths now or hereinafter located within the northerly 165 feet of the School Board Property (the "Easement Area"); and NOV~', THEREFORE, in consideration of the sum of TEN DOLLARS ($I0.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by each party, it is hereby agreed between the parties: 1. Recitals. The foregoing recitals are true and correct and incorporated into this Agreement by this reference. Exhibit "C" Page I of 7 Aglnde Item no. HAY 2 8 2002 2. Easement. Grantor does hereby grant to Grantee, as owner of the County Property. on the terms and conditions contained herein, a perpetual non-exclusive easement for the purpose of pedestrian and bicycle ingress and egress over, across and upon the sidewalks or bike paths now or hereinafter located within the Easement Area for use by Grantee, its employees, patrons, guests, invitees ("Grantee's Invitees") to and from the County Property. 3. Construction of Sidewalk Improvements. Grantee shall be permitted to construct and install, from time to time, sidewalks, bike paths, and other related improvements within the Easement Area ("Sidewalk Improvements"). All plans for the construction of Sidewalk Improvements shall be presented to the Grantor prior to construction for approval by the Grantor, which approval may not be unreasonably withheld, conditioned or delayed. All construction shall be at the sole cost and expense of Grantee. Grantee shall comply with all federal, state, and local laws. ordinance, statutes, ordinances, rules, and regulations with respect to the construction of Sidewalk Improvements. 4. Maintenance of Sidewalk Improvements. Grantee shall have the sole responsibility to maintain and repair in a proper, substantial, and workmanlike manner, the Sidewalk Improvements. All maintenance and repair of the Sidewalk Improvements shall be at the sole cost and expense of the Grantee or Grantee's successors and assigns. 5. Reservation. Grantor reserves the right to use the Easement Area as Grantor shall deem appropriate: provided, however, that (i) Grantor shall not materially interfere with the rights granted herein and (ii) the Easement Area. aside from the Sidewalk Improvements, shall remain as greenspace. Grantor shall specifically be permitted to establish gopher tortoise preserve areas within the Easement Area and relocate gopher tortoises to the Easement Area, only to the extent that such relocation does not interfere with the rights and uses contemplated herein as to the Easement Area. 6. Indemnification. To the extent permitted by law, Grantee shall indemnify, defend, save and hold harmless Grantor. Grantor's officers, agents and/or employees from and against any suits. demands, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, liability, or death which may result from or arise out of any willful misconduct or negligent act, error, or omission of Grantee which occurred or is alleged to have occurred with respect to the construction, installation, maintenance, repair or use of the Sidewalk Improvements. This indemnification provision shall not be construed as a waiver of sovereign immunity or any limitation of liability to which the Grantee may be entitled under Section 768.28, Florida Statutes. 7. Termination. In the event that the County Property shall ever cease to be owned or used exclusively by Grantee or any governmental entity, this Agreement shall automatically terminate and the easement contained herein shall be of no further force or effect. 8. Notices. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier or telecopier or facsimile transmission, or sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: Exhibit "C" Page 2 of 7 Agend~ Item NO .~ MAY 2 8 2002 If to Collier County: Real Property Management Department Administration Building Attn: Toni Mort 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Ellen T. Chadwell, Esq. Assistant County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 If to School Board: District School Board of Collier County 3710 Estey Avenue Naples, Florida 34104 Attn: James H. Simms, Associate Superintendent/Operations Phone: (239) 436-6450 Facsimile: (239) 436-6531 With a copy to: ROETZEL & ANDRES& L.P.A. 850 Park Shore Drive Naples, Florida 34103 Attn: John Clapper, 1II. Esq. Phone: (239) 649-6200 Facsimile: (239) 26t-3659 Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by ovemight courier, or four (4) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via telecopier or facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested on the day of such transmission. Any such transmission received after 5:00 p.m. Eastem Standard Time (or Daylight Savings Time, whichever then applicable) shall be deemed to have been given on the next following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Agreement, the attorneys for Grantee may directly contact Grantor and the attorneys for Grantor may directly contact Grantee. The respective attorneys for both Grantor and Grantee are hereby expressly authorized to give and receive any notice, demand, request or to make any other communication pursuant to the terms of this Agreement on behalf of their respective clients. The addressees and addresses for the purpose of this section may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Exhibit "C" Page 3 of 7 Agenda Item No._ / HAY 2 8 2002 Pg 9. Benefit/Burden. The easement and the rights and obligations created hereby shall run with the land, shall be a benefit to the County Property and a burden to the Easement Area, and shall inure to the benefit and burden of the Grantor and Grantee and their respective successors and/or assigns. 10. Governing, Law. This Agreement is governed and construed in accordance with the laws of the State of Florida. 11. Florida. Recording. This Agreement shall be recorded in the Public Records of Collier County, IN WITNESS WHEREOF, the Grantor and Grantee have respectively caused these presents to be executed the date and year first above written. SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (Print Name: ) By: Anne Goodnight. Chair (Print Name: ) Date: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me, this __of ,2002, by ANNE GOODNIGHT, the Chair of the District School Board of Collier County. Florida, who is ( ) personally known to me or ( ) has produced as evidence of identification. SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Exhibit "C" Page 4 of 7 2002 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock. Clerk By: James N. Coletta. Chairman Date: Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 376269_ I Exhibit -C" Page 5 of 7 EXHIBIT "A" SCHOOL BOARD PROPERTY THE WEST l/:~ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Exhibit "C" Page 6 of 7 ~AY 2 8.~2~Q2 EXHIBIT "B" COUNTY PROPERTY ALL THAT PART OF THE NORTHWEST QUARTER OF SECTION 34. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 165 FEET OF THE FOLLOWING PARCELS: PARCEL 29 THE EAST i/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 PARCEL 19 THE WEST 1/2 OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 PARCEL 32 THE EAST i/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST i/4 P.~A~CEL 28 THE WEST 1/2 OF TI-[E NORTHWEST I/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 P.~RCEL 17 THE EAST i/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4 Exhibit "C" Page 7 of 7 Agenda I~cem .o. HAY 2 8 20,02 Pg .~ EXECUTIVE SUMMARY APPROVE BUDGET AME~ME~ RECOGNIZING $2,000 REVENUE FROM DONATION FOR A MEMORIAL BENCH AT VANDERBILT BEACH ACCESS A Ob,iective: To obtain approval of a budget amendment recognizing $2,000 revenue and authorifing expenditure to purchase a memorial bench. Consideration: The Parks and Recreation Deparlxnent recently received a $2,000 donation for a memorial bench from a private source. The budget amendment recognizes the additional $2,000 so that it may be utilized to purchase and install a memorial bench at Vanderbilt Beach Access. Fiscal Impact: Recognize revenue of $2,000 from a private source donation and appropriate it to Beach and Water Operation General Fund (001) for the purchasing of a memorial bench. Growth Management: action. There is no impact to The Growth Management Plan related to this Recommendation: Staff recommends that the Board of County Commissioners approve thc necessary budget amendment. Prepared by: Reviewed by: Debbie Roberts, Operations Coordinator Parks and Recreation DeparWaent ~larla O~vig Ramsey,-I~irector Department of Parks ahd Recreation Approved by: p~u~icDservices Administrator Date: Agenda Ite~ EXECUTIVE SUMMARY APPROVE THE RENEWAL OF CONTRACT fffi7-2646 TIGERTAIL BEACH FOOD AND BEVERAGE CONCESSION WiTH COOL CONCESSIONS, INC. OBJECTIVE: That the board of County Commissioners approve the renewal of the contract with Cool Concessions, Inc. for an additional five years. CONSIDERATION: Collier County has been under contract with Cool Concessions, Inc. for the operations of the food and beverage co--ion at Tigertail Beach for the past five (5) years. The current agreement will expire on July 29t~, 2002. The contract states that this agreement can be extended an additional five (5) years with Commission approval. Staff and Cool Concessions are agreeable to renew this agreement under the same terms and conditions for an additional five years. Cool Concessions, Inc. has provided the service of selling food, beverages and related sundries since 1991. The concessionaire has provided excellent service to the residences and visitors of Collier County. The percentage remitted is 12% of gross and is in line with other concession agreements the Parks & Recreation Department has. FISCAL IMPACT: The County shall receive twelve percent (12%) per month for gross revenue cumulative year to date under $180,000 and eighteen percent (18%) per month for gross revenue cumulative year to date $180,000 and over. 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 renewal of the Tigertail Beach Food and Beverage Concession agreement with Cool Concessions, Inc'~~.M~rdo~ S~ Prepared by: Dale: ~"-/~--- - ' ' d Water Superintendent Approved by: Maria Ramsey, Dir~:tor Parks and Recr~ati0/n Approved by: Ste e Cam Reviewed and ~ Date: Approved by: lJoh~Durinu~, Administrator Division of Public Services AGENDA ITEM No. HAY 2 8 2002 Pg-_ / EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY cOMMISSIONERS APPROVE AWARD OF BID # 02- 3335 IN THE AMOUNT OF $98,500 FOR CLEAN UP AND MONITORING AT CAXAMBAS PARK TO ENVIROTAC LTD. Objective: That the Board of County Commissioners approve award of BID # 02-3335 to Envirotac Ltd. for a Remedial Action Plan system installation and monthly monitoring if needed at Caxambas Park. This is for fuel clean up at Caxambas Park. Consideration Since the 1980's Caxambas Park Marina has been located on Marco Island. In the mid 1990s it was determined that there was a fuel leak in the underground tank. The old underground tank was replaced and several hundred tons of contaminated soil was removed. In 1995 the State of Florida Department of Environmental Protection requested that additional testing be done at the site. The department has had this testing completed and there is still contaminated soil and groundwater at the park site. The Parks and Recreation Department contracted a professional engineering fu-m to obtain permits and to provide a Plan of Action for removal of this contamination; this is a Remedial Action Plan. This contract will implement the plan of action for the remediation of soil and groundwater contamination. Bids were posted on 2-8-02 and notices were sent to 308 vendors. The bid opening was on April 4, 2002 and 9 packages were received. The bid tab sheet is attached. Fiscal Impact: The department has received a grant in the amount of $104,704 for the clean up. This should enable the department to fund the initial implementation of the Remedial Action Plan and the additional monitoring for a 1 year period. A Budget Amendment was done on 4/16/02 to transfer funds into Coastal Impact Assistance Program, Proj-~ No~, 34201. Growth Management: Caxambas Park is inventoried in the Collier County Growth Management Plan. Recommendation: That the Board of County Commissioners approve award of bid # 02-3335 to Envirotac Ltd for $79,900 and $1,550 per month for monitoring for a 1 year period at a cost of $18,600 for a total cost o55/~y00. Prepared by:~///~~ I~l~'do Smith, Beach ~d Water Su~tendent P~s ~d Recreati~Bep~ent ~la Olsvi~ R~se~, Direct~ Deo~ent of P~ks ~d Recreafiqn ~-'~ '-Steve ~&ell, Direcior P~h~g Dep~ent Public Se~ices Administrator Date: Date: ~/q/0'2- Date: Agenda Item, No., ,,, IdAY 2 8 2002 ~g · ~......_..~......~ EXECUTIVE SUMMARY APPROVE A LIMITED USE LICENSE AGREEMENT IN THE AMOUNT OF $25,000 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., APPROVING USE OF SPECIFIED COUNTY-OWNED PROERTY FOR CONDUCTING A JULY 4TM FIREWORKS FESTIVAL OBJECTIVE: To provide a means for the Collier County Community to recognize and celebrate the nation's independence through a community 4a~ of July Festival. CONSIDERATIONS: The Naples Junior Chamber of Commo'ce, Inc. (Jaycees) has parmered with the County to provide a free 4m of July event for the community for the last four years. Through this agreement; the County will provide a $25,000 contribution that will be used to support the event and will be paid, as is standard practice, through a reimbursement method. The event as proposed this year, will again be a family-oriented event with musical entertainment, food vendors, and fireworks at dusk. The agreement requires that the Jaycees have and make arrangements for appropriate levels of law enforcement personnel, Fire Department and Emergency Medical Services presence, and specific insurance coverage for the event as prescribed by the County's Risk Management Office. The agreement has been negotiated through the Public Services Office and has been reviewed and approved by the County Attorney's Office for legal form and sufficiency. FISCAL IMPACT: The cost of this agreement will be $25,000, funds for which have been included as part of the FY 2002 budget within the Parks and Recreation Department. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Limited Use License Agreemem between Collier County and the Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of July Festival at Sugden Regional Prepared by:. Reviewed and Approved by: Reviewed and Approved by: ~l[.ird~ Smitfi, Beach and Water Superintendent Pffks and R~ation Department /? / Maria Ramsey, 'Direc~r Parks and Recreatig~ff 0epartment ~ohn Dunnuc~, Public Svs. Admin. ~Division of Public Services Date: Date: ~//~ ~//~?--~ / Agen<~ MAY Z 8 ?002 EXECUTIVE SUMMARY AUTHORIZATION TO ENTER INTO A GRANT AGREEMENT IN THE AMOUNT OF $20,000 BETWEEN THE UNIVERSITY EXTENSION OFFICE/COLLIER BOARD OF COUNTY COMMISSIONERS AND THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA FOR THE PURPOSE OF PROVIDING HOMEOWNER EDUCATIONAL PROGRAMMING IN IMMOKALEE OBJECTIVE: To obtain authorization from the Board of County Commissioners to sign an agreement between University Extension and Empowerment Alliance. University Extension will provide homeownership educational programming and Empowerment Alliance will pay $20,000 to Extension. CONSIDERATIONS: University Extension has a long history of outreach and experience with educational programming in the Immokalee community. Working with schools, churches, Farm Worker's Village and RCMA, University Extension is already welcome in many settings with educational programs. In addition, University Extension has successfully conducted Home Buyer's Workshops and one on one counseling sessions with Collier families in conjunction with the Collier County Loan Consortium for the past six years. Responding to affordable housing needs in Immokalee, several organizations, including the Empowerment Alliance, have planned homeownership projects for the Immokalee community, some of which are currently being built and many others which are in the planning stages. To effectively promote homeownership opportunities and prepare Immokalee residents and Immokalee workers for homeownership, the University Extension will conduct outreach, education and individual counseling. Extension will also provide a Train the Trainer program to train individuals to provide individual counseling and follow up with Immokalee residents. Fiscal Impact: University Extension will receive $20,000 in total from the Empowerment Alliance to conduct educational programming until December, 2003. These monies will cover any additional part time employees trained for this program. $5,000 will be deposited with the clerk for fiscal 01-02 and $15,000 for Fiscal 02-03. Growth Management Impact: None Recommendation: That the Board of County Commissioners authorize the chairman to sign the agreement with the Empowerment Alliance and approve budget amendments as necessary. That the Board accept $5,000 in fiscal 01-02 to begin education. I Agenda I~em/ HAY 2 8 2002 Pg. / Prepared by: __ .~,'~, Denise L. Blanton, Directofi Reviewed and Approved By: John Dunnuck, Public Services A~ninistrator -- Date: 5/01/02 Date: .~1,5' kd_ HAY AGREEMENT THIS AGREEMENT IS MADE and entered into this day of ,2002, by and between the Board of County Commissioners for Collier County, Florida (hereinafter referred' to as the "County") and the Empowerrnent Alliance of Southwest Florida Community Development Corporation, a Florida non-profit corporation (hereinafter referred to as the "Empowerment Alliance"). WITNESSETH: WHEREAS, the Collier County University Extension Service has a long history of outreach and experience with educational programming in the Immokalee community; and WHEREAS, the University Extension has successfully conducted Homebuyer's Workshops and counseling sessions with Collier families in conjunction with the Collier County Loan Consortium for the past six years; and WHEREAS, in responding to affordable housing needs in Immokalee, the Empowerment Alliance has planned homeownership projects for the Immokalee community; and WHEREAS, to effectively promote homeownership opportunities and prepare Immokalee residents and workers for homeownership, the University Extension wishes to conduct outreach, educational and individual counseling to those individuals and families; and WHEREAS, the Empowerrnent Alliance wishes to provide $20,000 to the Collier County University Extension to partially fund those programs. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and duties hereinafter set forth, the County and the Empowerment Alliance formally covenant, agree and bind themselves as follows: I. COUNTY RESPONSIBILITIES. A. Awareness. 1500 people will become informed about the home_financing options and home ownership opportunities in Immokalee. PlAY This will be achieved through talks and presentations to area principals and school personnel, Rotary Club, RCMA, Interagency, Farm Workers Village and other area employers, membership on the Housing Sub-Committee and two newspaper articles. B. Pre-qualification. 200 people will receive information on local housing opportunities over the next year and will have an initial meeting with a homebuyer counselor to receive one-on-one counseling to help them prepare for home ownership. C. Home Ownership. A small percentage of the 200 people (in Immokalee the percentage of qualified purchasers has fluctuated between 3 and 10% based on Jubilation and Timber Ridge) will be prepared for home ownership (a person will be able to buy a home if they can find product in their price range and if they choose this option.) They will receive extensive counseling assistance to help save a down pa~vment, establish credit or resolve credit issues. D. Train-the-Trainer. A workshop will be held to better inform key personnel about the process of pre-qualification and will provide training so that they may assist their personnel or clients. This process should provide a potential employee to work part-time at $10 - $15/hour to provide individual counseling sessions to clients which would be overseen by University Extension. There will be a step increase for the hourly rate based upon the number of loans closed. When 5 loans are closed, the hourly rate will increase by $1.00. University Extension will pay the hourly rates for the part-time counselors, who will have set office hours in Immokalee and will be equipped with a laptop computer, printer and calculator from the $20,000 received from Empowerment Alliance of Southwest Florida. E. Quarterly Reports. University Extension will submit quarterly reports to the Empowerment Alliance describing the number of presentations and counseling sessions held and the current number of clients receiving extensive one-on-one counseling. The repons will be submitted by the BOth of the month following the end of each quarter. II. EMPOWERMENT AIJJANCE RESPONSIBILITIES. Extension. Empowerment Alliance will provide $20,000 to the Collier County University' Empowerment Alliance will also provide: · Publicity and networking to reach potential attendees for the Train-the-Trainer workshop · Location for homebuyer's classes and individual counseling sessions · Packet of information with maps of home locations in Immokalee to be updated as more information becomes available · Provide representatives to attend the Train-the-Trainer workshop · Interpreters when available and appropriate mo TERM. This Agreement will be effective from January 1, 2002 through December 31, 2003. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman Printed/Typed Name EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA By: Barbara A. Cacchione Printed/Typed Name EC Coordinator Printed~Typed Title 3 Approved as to form and legal sufficiency: Robert N. Zach/ary Assistant County Attorney h: RNZ~greementskEmpowermentAlliance 4 l Agend Ite~ EXEC~ SUMMARY APPROVE A WORK ORDER FOR AARON LUTZ NEIGHBORHOOD PARK FOR LABOR AND MATERIAL FOR INSTALLATION OF EXISTING SHELTERS, INSTALLING NEW CONCRETE SIDEWALKS, INSTALLING NEW BAHIA SOD AND TENNIS COURTS RECONDITIONING IN THE AMOUNT OF $67,375.00 FOR PROFESSIONAL BUILDING SYSTEMS, INC. Ob.iective: To obtain approval of Work Order #PBS-02-06 for Aaron Lutz Neighborhood Park in the amount of $67,375.00 with Professional Building Systems, Inc. Consideration: On 2/22/00, Work Order # PBS 02-06 was executed by Staff for labor and material for installation of existing shelters, removal of existing concrete shuffleboard and replace with new concrete slab, installing new foundation and new columns and new steel beams, installing new concrete sidewalks, new bahia sod, re-conditioning of the tennis courts and thc replacement of thc perimeter fence around the tennis courts in the amount of $67,375.00. Fiscal Impact..'. Thc total cost of thc requested work order is $67,375.00. Funds for this ~roject are budgeted in the Community Park Fund (306) in the amount of $67,375 under Proj. o. 80072, Aaron Lutz Park. Growth Manaoement: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners approve the necessary Work Order # PBS-02-06 with Professional Building Systems. Prepared by: ~U~' Date: .D2- ~ 2 ~ ~?~ Debbie Roberts, Operations Analyst Parks and Recreation Department Reviewed by:eT~~~ Tony Ru~erto, Project Manager Department of. Parks//~d Recreation Reviewed by: ~ Department of Parks and e~ation Approved by: Jol~ Dmmu~ck, Public Svs. Admin. DiCi]sion of Public Services Date: ~' - / ~ "'- O 'L_ Date: ~/~/~5-7- Date: MAY. 2 B 2002 WORK ORDER # PBS - 02-06 "General Contractor's Services" Contract # 99-3025, Dated February 22, 2000 This Work Order is for General Contracting Services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Aaron Lutz Park: Shelters, Sidewalks, Tennis Court Repairs & Chain Link Fence Replacement. The work is specified in the proposal dated April 19, 2002 from Professional Building Systems, General Contractors, which is attached hereto and made part of this Work Order. In accordance with Terms and Conditions of the Agreornent referenced above, Work Order # PBS- 02- 06 is assigned to Professional Building Systems, General Contractors. Scope: Contractor to supply all labor and material for the Installation of Existing Shelters, removal of existing concrete shuffle board and replace with new concrete slab, installing new foundation and new columns and new steel beams, installing new concrete sidewalks, new bahia sod, re-conditioning of the Tennis Courts and the replacement of the perimeter fence around the Tennis Courts as shown on contract drawings and General Notes. Provide all required temporary fencing to protect the public. Schedule of Work: Complete within 60 calendar days from date of issued Permit and Notice to Proceed. Compensation: In accordance with Item3 of the Agreement, the County will compensate the Firm in accordance with the lump amount provided in the schedule b TASK 1 $ 57,125.00 TASK 2 $10,250.00 Total Fee $ 67,375.00 Any change made subsequent to final department approval will be considered an additional service and charged to an executed Change Order as enumerated in Exhibit D of the Agreement. Agenda Ite~ No. /_z;'> _ ( MAY 2 8 2002 Antonio 13,ubert°, Pr~ct ~Ma~ager P~j~and ~ecreat?~mzepartment ~; ~se< eirector / P~ks and Recreation Dep~ment Date ATTEST: Dwight E. Brock, Clerk BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk Date: Approved at to form And legal suffiqiency I ~t_~ . ~t~l. ¢(x~Robert Zachary Assistant County Attorney By: JAMES N. COLET]['A, Chairman r t., ~..t-- ^ ~B~ Vice President Type/Print Name and Title Affix the" (Corporate Seal)}" OR Type/Print "( Corporate Seal)" ATTEST: B y: Typed Name and Title (or)/~tnesses_ ,(~t)~ Signature 6r ( Print Name) ( Print Name) Agend~o.~ I EXECUTIVE SUMMARY AWARD OF BID # 02-3384 TO G.A. FOODS IN THE AMOUNT OF $200,000.00 TO PREPARE THE FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM WHILE SUMMER SCHOOL IS NOT IN SESSION. Objective: That the Board of County Commissioners authorize G.A. Foods to provide prepared food for the summer food service grant program beginning June 10, 2002 to June 28, 2002 and from August 1, 2002 to August 9, 2002. Consideration: In accordance with Federal Regulations, only Food Management Companies approved by the State of Florida or local School Boards are eligible to produce meals for the Summer Food Service Program. The Collier County School Board has provided hot meals during the Summer School session to the Parks and Recreation Department for the past eighteen (18) years and will continue to do so this year. G.A. Foods, a State approved food management company, has agreed to provide cold lunches during the time period the Collier County Schools will be closed, June 10, 2002 to June 28, 2002 and from August 1, 2002 to August 9, 2002. On May 6, 2002, Bid # 02-3384 was publicly advertised and notices were sent to the sixteen (16) Food Management Companies that were approved for this program by the State of Florida. Bids were opened on May 17, 2001, with one approved vendor, G.A. Foods, responding with a cost per lunch price of $1.76 using a 3 oz. fruit cup, $.7.94 /case for Orange juice, $6.70/case for Blend juice, $6.13/case for Apple juice, $7.70/case for Grape juice, $24.98/case for Cinnamon Buns, $22.85/case for Chocolate Donuts, and $24.67/case for Pop-Tarts (wrapped). The County will pay for the initial funding of the meals, but will receive 100% reimbursement from the Summer Food Service Grant funds. Growth Management: No effect on Growth Management. Fiscal Impact: The pro.~ram is budgeted under the FY02 Food Grant Fund (119) in ghe amt. of $461,900. The State will reimburse the County for 100% of expenses. Recommendation: Staff recommends that the Board award this bid to G.A. Foods. Prepared by:~__ ~..~ F.~am~ R. 'l~homas, Athletic Supervisor Department of Parks and Recreation Approved by: Maria Ramsey, D~rector Department of Parks and R/ecreation Reviewed and C,~//~ ~/~ Approved by: _ Steve Carnell, Director Purchasing Department Reviewed and (~~~ Approved by: Date: ~/2~:-~/c ~.~ Date: ,.~ Z 2 8 2G92 COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Date: To: From: Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 9411774-8407 FAX: 941/732-0844 h ttp :/ / c~lli~ ~o ¢.net May 17, 2002 Jim Thomas, Parks & Recreation Barbara K. Hecker, Purchasing Technicia~ Re: Bid # 02-3384; Summer Meal Program for Parks & Recreation Enclosed please find a copy of the bid and tab sheet for the above referenced Bid. Please review the bidder's pricing, including checking the unit prices against the extended price (mathematical calculations are not checked at tabulation). If other information was required, it has been noted in the tab sheet. If the tab sheet has the notation "See Bid", "See Note", "Comments", it means that there is additional information included and that the BID needs to be reviewed. Remember, "Award of bid shall be made to the lowest, qualified and responsive bidder(s) meeting specifications." Please identify the recommended awardee(s) below, and return this form to Purchasing. If the apparent Iow bidder(s) is not the recommended awardee, please document your reason(s) for your recommendation of another firm(s). If you have any questions, please call me at 774-8985. Recommended Awardee(s): Enclosures AgpAinda M 2 8 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE FUNDS NOT TO EXCEED $10,000 TO APPRAISE PROPERTY TO BE POTENTIALLY UTILIZED FOR STORMWATER / PARK PURPOSES OFF OF BAYSHORE DRIVE WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA. OBJECTIVE: To prioritize recreation and stormwater opportunities in Collier County, more particularly in the Bayshore/Gateway Triangle Redevelopment Area. CONSIDERATIONS: The Community Development Agency for the Bayshore / Gateway Triangle Redevelopment area recently recommended that the Board authorize funds not to exceed $10,000 to appraise the eastern portion of the Chlumsky / Lake Kelly property located off of Bayshore Drive. Once appraised, staff would then return to the Board with options relating to the cost to purchase and restore the property in order to improve stormwater management and park access to Sugden Regional Park during the FY03 budget process. This property is the site of an old fill excavation pit and contains only a few acres of uplands that would be of any use for parking or use by Parks and Recreation. It is potentially very useful for stormwater management; however, the cleanup and removal of the exotics may cost more than the property itself could cost. The last estimate for this property was approximately $480,000. However, now that commercial frontage has or will be sold off, the asking price and appraisals should be significantly lower. A map is enclosed of the property in question. FISCAL IMPACT: Funds for the appraisal are available in general fund reserves and will not exceed $10,000. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: Acquisition of the property would support the goals of the redevelopment plan, particularly if it can provide for both a park area and a stormwater management area. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. STAFF RECOMMENDATION: Staff recommends that the Board authorize funds and the appropriate budget amendments to appraise the Chlumsky property. DATE: ~ -' / ~/~ ' PREPARED BY: ~ JOHN DUNNUCK~'PUBLIC SERVICES ADMINISTRATOR -1- AGEND~ ITF.~.. No./--~~ ? 8 2.0O2 / _ EXECUTIVE SUMMARY AUTHORIZE THE PURCHASE OF 26 PANASONIC TOUGHBOOK WIRELESS LAPTOP COMPUTERS FROM COMARK GOVERNMENT AND EDUCATION SALES COMPANY UTILIZING THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE MASTER AGREEMENT IN THE AMOUNT OF $119,288. OBJECTIVE: Authorize the Collier County Purchasing Department to issue a purchase order to Comark Government & Education Sales Company for the purchase of Panasonic ToughBook CF-28 laptop computers to be used by building inspectors in implementation of the wireless project for Community Development Services. CONSIDERATIONS: On 22 January 2002, BCC Consent Agenda Item 16.A.10 was approved to transfer funds from development fee reserves in the amount of $220,000 to capital for development and implemention of wireless technology for County building inspections with the required hardware. RFP 01-3282 addressed the software development and was awarded to DUA Computer Resources, Inc. This executive summary addresses the hardware portion of the Wireless Project. Our County's building inspectors require approximately 30 laptop computers in order to implement the wireless inspection process. Several models ofruggedized laptops were evaluated by the IT Department and then delivered to the inspectors for field evaluations. The Panasonic ToughBook CF-28 was selected as the most user-friendly device that would meet the department's current and future equipment needs. The Panasonic ToughBook CF-28 is currently being used at several sites in Florida including Southwest Florida Water Management District, Marco Island Water Association, and Charolotte County Sheriff. Of the many environmental considerations- Relative Humidity and High Tempatures are two considered as major in Florida. The ToughBook CF-28 passed rigid tests while being subjected to relative humidity levels at 95% constant without incident and high tempatures ranging from 140 to 160 degrees Farhenheit without incident. These additional durability features make the units more costly. Purchasing staffbegan reviewing procurement options and found that this equipment was available through the U.S. Communities Government Purchasing Alliance Master Agreement issued by Fairfax County,Virginia under contract #RQ00-341360-16A-G, in accordance with Collier County Purchasing Policy. Since this contract was competitively procured it meets the requirements of the Purchasing Policy for utilizing another entities' contract. AGE NOA ITEM, iMAY282002 FISCAL IMPACT: Funds are available in the capital project budget for this purchase. GROWTH MANAGEMENT IMPACT: There will be no Growth Management Impact. RECOMMENDATION: (1) Authorize the purchase of 26 Panasonic ToughBook wireless laptop computers from Comark Government and Education Sales Company, utilizing the U. S. Communities Government Purchasing Alliance Master Agreement; and (2) Authorize the Chairman to sign any required contract documents after review by the County Attorney. REVIEWED BY: Robert Sanders, Project Manager REVIEWED BY: Ed Perico. Director Building Review &' Permitting Denny Baker. Business Manager Community Development Scr~'ices Date: Date: REVIEWED BY: REVIEWED BY: APPROVED BY: ~t~ve Camell. Director Purchasing Department ~ Date: Ba~ ~od, Director Info~ation Tec~ology Dept. Date: Jo-Anne Varcoe-Leamer, CPA, Administrator Administrative Services Division MAY 2 2002 EXECUTIVE SUMMARY AWARD RFP 02-3342 ANALYTICAL LABORATORY SERVICES FOR COLLIER COUNTY TO US BIOSYSTEMS AND SEVERN TRENT SERVICES FOR AN ESTIMATED ANNUAL AMOUNT OF $80,000. OBJECTIVE: Obtain Board's approval of Committee's shortlist selection of firms for Analytical Laboratory Services for various County departments in order to meet regulatory and other requirements. CONSIDERATIONS: On February 15, 2002, a Request for Proposal was issued. Notices were mailed to forty (40) firms, and nine (9) firms requested full proposal packages. Two (2) proposal responses were received by the March 8, 2002 deadline and were distributed to the Selection Committee members at a meeting on March 11, 2002. The Selection Committee met on March 21, 2002, which resulted in the following shortlist by consensus: US Biosystems Severn Trent Services The Selection Committee members wish to award the contract on an equal basis to US Biosystems and Severn Trent Services to ensure economic services. FISCAL IMPACT: Each department utilizing these contracts will issue blanket Purchase Orders as necessary from funds budgeted within each individual department. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners award RFP 02-3342 Analytical Laboratory Services for Collier County to the Committee's selection of US Biosystems and Severn Trent Services on an equal basis. SUBMITTED BY: /'-~/~ /~) ~'//~,'~/ Date: ~ 'L~,~/. ~oc~d, Purchas~n~ ~ent ' / St~h~.~~~~i~glG~rat Se~ices 'Director REVIEWED BY: ~~ Date: W/ Jo-Ann~Leamer, Administrative Se~ices Administrato¢ AGEF;DA ITEM No HAY 2 200 Pg._./ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TOTALING $179,700 FOR THE EMERGENCY REPLACEMENT OF A 250-TON CHILLER AT THE COUNTY JAIL OBJECTIVE: To have the Board approve a budget amendment totaling $179,700 for the emergency replacement of a 250-ton chiller at the County Jail. CONSIDERATION: The County Jail is 20 years old. Due to age and use, a 250-ton chiller has met its useful life and is no longer operational. The building requires the replacement of a 250- ton Carrier chiller, which provides chilled water to the air-conditioning system. This Career chiller provides chilled water for the Jail's inmate cells and administration offices. It was anticipated that the chiller would last another two years and then be replaced through the normal budget process. However, during a bi-annual preventative maintenance inspection of the jail's Carrier chiller, a technician found extensive corrosion on the core bundle, which produced Freon leaks. Repairs to the bundles and sidewalls would be too expensive to justify the repair. Total costs associated with the replacement of the chiller are as follows: Work Description New 289-ton Trane Chiller Work Estimates $ 84.000 $ 14.300 Chilled Water Pump/Fans Electrical Disconnect/Connect $ 13,000 Controls I $ 13.000 Mechanical/Crane/Disposal i $ 39.050 [ $ 16.335 lOX Contingency I Total i $179,685 These repairs are necessary for the continued operation of the jail facility. The jail facility is currently sharing chilled water from the main campus Chiller Plant (through underground valves). This is only a temporary fix. The main campus Chiller Plant cannot maintain the jail's air-conditioning load during hot summer months. In addition, replacement of the jail chiller would insure redundancy for the chilled water system in the jail. Installation of a new chiller would also guarantee safe operation of the air-conditioning systems for the next 15 years. Replacement of the older chiller would provide more efficiency, thus saving energy. FISCAL IMPACT: Total costs associated with replacing the 250-ton chiller at the County Jail are $179,700. Funds are available in the 301 Reserves for Contingencies. 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 County Jail facility and necessary budget amendments as addressed within this summary. AGENDA ITg.,,M No /,¢ =: qA¥ 2 8 2002 Pg._/ Executive Summary Jail Chiller Replacement Page 2 of 2 SUBMITTED BY: Facilities Managemera/Dep~ment REVIEWED BY: Skip Camp, CFM, Director Facilities Management Department Date: APPROVED BY: Jo-Anne Varcoe-Leamer, CPA, Administrator Support Services Division AGENDA ITI~M No. /~.~ ~ MAY 2 8 2002 pg. ,, 2 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT FOR EMERGENCY REPAIRS AND UNANTICIPATED BUILDING MAINTENANCE EXPENDITURES TOTALING $287,000 OBJECTIVE: To reimburse the Department of Facilities Management for emergency and unanticipated expenses totaling $287,00 incurred in the first two quarters of Fiscal Year 2001-02. CONSIDERATIONS: The Facilities Management Department is responsible for maintaining the County's 600 plus facilities and structures. Annually, the Department budgets operational expenses for air-conditioning, plumbing, electrical and structural repairs based on previous years' expenses. Unanticipated expenses for building maintenance and emergency repairs incurred during the first two quarters of Fiscal Year 2001-02 have reduced the operating budget, requiring additional funding in order to continue operations for the remainder of this fiscal year. Deferred funding of capital improvements and an increase in work requests have contributed to increased expenses for building maintenance (see attached breakdown of unanticipated expenses). During the first six months of Fiscal Year 2002, the Department of Facilities Management has seen a 40% increase in the number of requests for maintenance services. In addition, proactive building maintenance inspections, increased preventative maintenance work, and emergency building repairs have all contributed to an increase in operating expenses. The extensive use of over-time and job-bank employees to offset increased requests for labor were also substantial. Total cost for the use of job bank employees is $60,000. Job Bank employees are used to support Craftsmen in the field and to fill in for vacancies and specialized projects. Overtime expenses will exceed fiscal year projections by $10,000. Overtime is used to for after-hours and weekend work for emergency repairs and after-hours scheduled work (when buildings are unoccupied). The following provides a brief overview of unexpected and emergency expenses in the 1st and 2nd quarters of FY 01-02: Electrical repairs and maintenance were high due to extensive fixture replacements, repairs to existing fiber optic lines and equipment, and the replacement of batteries for the Tax Collector's LIPS systems. These electrical repairs were necessary to maintain facilities and their operations as well as provide for safe working environments. Total electrical expenses included $43,700 for parts and materials and $32,000 for electrical repairs through subcontractors. Unanticipated and increased structural expenses totaled $30,000. These structural improvements included repairs to roofs, stairs, doors, windows, and sidewalk replacements. In addition, miscellaneous supplies, materials, and equipment used for repairs to buildings and structures were $35,000. These improvements were necessary to provide a safe working environment for county employees as well as the public. /r.~"- 2002 -Executive Summary Unanticipated Expenses 2001-02 Page Two Plumbing, fire and life-safety expenses were substantial due to improvements to existing building systems. Plumbing expenses including parts and subcontracted work totaled $31,400. Fire Code inspections conducted by Department staff and the East Naples Fire Department resulted in repairs totaling $33,900. Upgrading and maintaining fire safety systems is important and as these items are considered life safety issues, immediate replacement and repairs were required. Unanticipated Expenditures by Trade Trade Total Plumbing $ 31,400 Structural $ 65,000 iFire Safety $ 33,900 Labor $ 70,000 Electrical $ 75,700 Garbage & File Storage $ 11,000 Total Unanticipated Repairs $ 287,000 As all of these expenses were unanticipated, funds are needed to continue the current level of services for the rest of Fiscal Year 2002. Funds would be transferred from reserves and placed in the Building Maintenance Cost Center. FISCAL IMPACT: Total unanticipated expenses are $287,000. $240.000 would be transferred from General Fund Reserves (001-919010) to Building Maintenance (001-1___40) and $47.000 would be transferred from Grounds Maintenance (001-126334) to Building Maintenance (001- 122240). GROWTH MANAGEMENT IMPACT: There is no effect on the Growth Management Plan. RECOMMENDATION: necessary budget amendment(s) as addressed wi!bi~ this summary. Prepared By: ~~~~n Danie R. 'g ,. :i_~e ager Department of Faodiiies Management Reviewed By: That the Board of Collier County Commissioners approves the Skip Camp, CFM, Director Department of Facilities Management Date: Date: Approved By: Date: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division i tq Y 2 8 2002 Administrative Services Division Facilities Management Department - Building Maintenance Unanticipated Repairs and Maintenance 1st & 2nd Quarter FY 2001-2002 Trade I Building (s) I Work Description I Cost I Total Electrical All County Buildings Light Bulbs, Ballest & Light Fixtures $30,000.00 Electrical All County Buildings Electrical Supplies (Breakers, Wire, & Conduit) $5,000.00 Electrical Building F Battery replacement on existing exide electronics $4,500.0C Electrical Building J Folger Adam's Motors for Electric Jail Doors $3,200.0C Electrical Building W Repair Communications Equipment - Radios $1,000.0C Electrical Museum Installation of Lightning Protection Museum Gallery $1,800.00 Electrical Building W - Ops Center Network Control & Fiber HUBs to the Main Campus $9,944.00 ElectriCal Building D Install Card Access to HR and Risk Management Doors $5,527.00 Electrical Building H Fire Door Repair - Electrical $4,900.00 Electrical Building C Fuel Leak Detector for Kohler Generator $1,480.50 Electrical Building W Fiber Optic Repairs to County Network $1,533.50 Electrical Building C-1 & F Removal of & Installation of 2 battery Diagnostic Systems $3,560.00 Electrical Mail Trailer Install Flood Lights & Motion Sensors $1,260.00 Electrical Courthouse Electric for Judges Automatic Gate $1,995.00 $75,700.00 Fire** Immokalee Boot Camp Fire sprinkler heads w/white coated heads & escutcheons $3,300.00 Fire Extension Office Design, permit, labor to install 4 strobes & heat detectors $7,100.00 ~'~-e Building F Fire alarm repairs & improvements $3,500.00 ~ Main Campus Repair Firewall Penetrations & Electrical Rooms Improvements $20,000.00 $33,900.00 Plumbing County-Wide Plumbing Supplies $5,000.00 Plumbing Main Campus Lift Station Cleaning and Maintenance $12,000.00 Plumbing Complex General !Test and Certify CC Fire Backflow & Domestic Backflow $2,190.00 Plumbing IM Road & Bridge Restroom Repairs $1,545.00 Plumbing Road & Bridge Emergency Repair of Lift Station Pumps $950.00 i Plumbing County Jail Repair to Showers and Drains Inmate Cells $5,315.00 Plumbing County-Wide Water System Maintenance $4,400.00 $31,400.00 Structural All County Buildings Other Operating Supplies - Parts & Equipment $35,000.00: Structural Naples Jail Repair of Jail Kitchen Ceiling - Flood $10,400.00 Structural Pelican Bay Door Replacement - Pump House $5,720.00 Structural Building J Construction of Fire Wall $5,600.00 Structural Marco Tax Collector Install Insulation Above Ceilings & Patch Holes $8,280.00 $65,000.00 Labor All Buildings Countywide Job Bank Employees - Structural and Electrical $ 60,000.00 Labor All Buildings Countywide Overtime - After-hours Work & Emergency Calls $ 10,000.00 $70,000.00 Misc. County-Wide File Storage $ 5,000.00 Misc. Main Campus Trash & Garbage Disposal $ 6,000.00 $11,000.00 $287,O00.00 Total Unanticipated Buildin~l Maintenance Expenses ,-IVAC - Air-conditioning Systems ** Fire - Fire Alarm Repairs Safety Improvements 2.002 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO FUND 516, PROPERTY & CASUALTY INSURANCE TO FUND CLAIMS, REINSURANCE AND PROFESSIONAL SERVICES FOR THE REMAINDER OF FY02. OBJECTIVE: To seek approval from the Board of County Commissioners of a budget amendment to fund Property & Casualty insurance claims and settlements, reinsurance and professional services for the remainder of fiscal year 2002. CONSIDERATIONS: The Board of County Commissioners operates a self-insured property and casualty insurance program to fund property and casualty claims. A budget amendment to Fund 516 is sought to provide sufficient funding for the payment of claims, reinsurance and professional fees through the remainder of FY 02. Currently, $800,000 is budgeted in Fund 516 for the payment of claims expenses. To date, there have been four litigated cases settled and a large claim due to a vehicle roll over. The totals are as follows: Wajerski v. Collier County Bettencourt v. Collier County Gallagher v. Collier County Delgado v. Collier County Claim 0196 - Asset 980033 Total $85,500 $150,138.56 $51,630 $183.675.43 $52,3O0 $523,244 Date of Loss: 7/4/1995 Date of Loss: 1/18/1998 Date of Loss: 1/26/1998 Date of Loss: 7/14/2001 Date of Loss: 10/11/01 Reimbursement from the County's reinsurance carrier for the claims is anticipated to be approximately $67,000. Given the fact that it is almost impossible to determine the exact date a case will settle, funds are not budgeted in the operating portion of the budget for this purpose. Rather, the amount budgeted for claims reflects those funds necessary for the payment of routine claims expenses. Funds are available in Fund 516 Reserves for the payment of settlements as described above. The second reason for requesting this budget amendment is that after the September 11 disasters the insurance market changed drastically for the County. We are now required to obtain Flood Elevation Certificates for properties in flood zones in order to comply with the Stafford Act~ and be eligible for Federal Flood Insurance in the event of a disaster. Agnoli, Barber & Brundage at a cost of approximately $65,000, has provided surveying service of county properties. t In the event of a natural disaster such as hurricanes, tornadoes, storms and floods, affected communities can apply for disaster relief under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. §5121, et seq. ! AGENDA :Ti ~-~' I MAY 2 8 2002 A property appraisal fee from Carroll & Carroll of $25,000 is an additional fee that was not anticipated. The Board of County Commissioners appropriates reserves expressly for the payment of claims and settlement costs. Surveying charges for Flood Elevation Certificates and flood insurance in the amount of $215,000 will be allocated to the Divisions for reimbursement of this expense. FISCAL IMPACT: It is recommended that a budget amendment of $643,300 be approved through the transfer of funds from Fund 516 Reserves as follows: Object Code Title Current Budget Inc/Dec. Amended Budget 121650-645920 121650-631990 121650-645910 919010-996400 Insurance Claims Other Professional Fees Reinsurance Reserves 800,000 200,000 100,000 130,000 80,000 210,000 3,219,800 363,300 3,583.100 6.726,800 (643,300) 6,083,500 GROWTH MANAGEMENT IMPACT: None. RECOMMENT)ATION: It is recommended that the Board of County Commissioners approve the attached budget amendment to Fund 516. ,/.:./ PR .PAR D BY: Sheree Mediavilla, CLA, Risk Manager Date: REVIEWED BY: ~ Date: Jo-Anne Learner, Administrative Services Administrator i MAY 2 8 2002 EXECUTIVE SUMMARY APPROVAL TO SECURE A LEASE AGREEMENT IN THE ANNUAL AMOUNT OF $301,469 WITH ABBAS AHRABI ASLI FOR OFFICE SPACE TO BE UTILIZED BY THE PROPERTY APPRAISER AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $1,367,400 FOR LEASEHOLD IMPROVEMENTS. OBJECTIVE: To secure a lease agreement in the amount of $301,469 with Abbas Ahrabi Asli for office space to be utilized by the Property Appraiser and appropriate $1,367,400 for leasehold improvements. CONSIDERATIONS: In order to provide space for several on-campus departmental moves, it will be necessary to relocate the Property Appraiser to an off-site location. This move will benefit the Property Appraiser's growth, some of which is a result of the newly formed GIS Department. The proposed office is located directly across from the Government Center in the former Barnett Bank building, on the corner of Airport Road and East Tamiami Trail. Presently, the first floor of the building is occupied by an Oriental Rug Gallery, which shall be vacated upon acceptance of the Agreement by the County so that the Property Appraiser may occupy the entire building. The building consists of a total of 19,450 square feet. The term of the lease is for five (5) years with a provision for three (3) additional renewal terms of one (1) year each. After the first full year of occupancy, the County shall have the right to terminate the lease by providing the landlord with thirty (30) days written notice. The annual rent is $243,125 for the first year and then shall be increased by five (5) percent each year thereafter. The rent is below the rate for comparable office space within the immediate area. In addition to rent, the County is responsible for monthly Common Area Maintenance ('CAM') in the amount of $4,862 per month for the first six (6) months of the lease term and shall then be increased in January and each January thereafter to reflect any increase in the landlord's actual operating expenses. The annual cost of CAM is estimated to be $58,344. The County will be responsible for fees associated with janitorial services, utility charges, pest control services, replacement of light bulbs and air-conditioning filters. The landlord shall provide and pay all costs associated with repair and maintenance of the air- conditioning system, electrical system, exterior maintenance of the building, parking lot, landscaping, sprinkler system and exterior window washing. The lease improvements are estimated to be $1,367,400. This includes renovation, communications equipment, furnishings and other costs related to the move. The County shall be allowed to place signage deemed necessary on the ground and/or on the building itself, and shall conform to all applicable governmental regulations. EXECUTIVE SUMMARY Lease Agreement for Property Appraiser Page 2 FISCAL IMPACT: The payment for rent and common area maintenance (CAM) fees for the 3 months remaining in this fiscal year will amount to $75,368 and is currently budgeted in the Property Appraiser (in lieu of transfer) budget. A budget amendment will be required for the leasehold improvement in the amount of $1,367,400. $92,100 is available from General Fund (Fund 001), Board of County Commission for Property Appraiser (in lieu of transfer) and the balance of $1,275,300 is available in General Fund reserves. These improvements will be accounted for in the County-Wide Capital Improvement Fund (301) under Project Number 52001, Leasehold Improvements. GROVV'rH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve a lease agreement with Abbas Ahrabi Asli; authorize the Chairman to execute same pending final review by the Office of the County Attorney; approve the necessary budget amendments. SUBMITTED BY: . ---¢. DATE: Michael H. Dowling, Property Management Specialist Facilities Management Department REVIEWED BY: . REVIEWED BY: APPROVED BY: " DATE: Charles E. Carrington, Jr., SRANA, Manager Property Acquisition & Construction Management Facilities Management Department Skip Camp, Director Facilities Management Department DATE: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ~ day of ,2002, between ABBAS AHRABI ASLI. whose mailing address is 473 Banyan Boulevard, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNIY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises and Usage thereof LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the building located at 3285 East Tamiami Trail, Naples, Florida 34112, which is comprised of 19,450 square feet, as shown on Exhibit "A" and which is attached and made part of this Lease, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. The land surrounding the building and belonging to LESSOR is not and shall not be covered by this Leasehold except as provided for by Articles 9 and 17 of this Lease. LESSEE covenants and agrees not to use, occupy, suffer cw permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations o5 any public authority. ARTICLE 2. Term of Lease LESSEE shal have and hold the Demised Premises for a te~yn of five /5) years, commencing on July 1, 2002 and ending June 30, 2007. This l_ease may be renewed three (3) additional terms of one (l) year each. under the terms and conditions provided herein, in such case LESSOR and LESSEE shall be in mutual agreement regarding renewal, the new rental amount to be negotiated prior to each rencx~al, and neither is in default. LESSEE, however, reserves the right upon completion of the third full year of tenancy to terminate ~his Lease with or without cause, upon ninety (901 days prior written notice of such termination to LESSOR at the address set forth in Articlel3 of this Lease. Said nolice shall become effective upon actual receipt by LESSOR. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of 'Fwo Hundred Forty-three Thousand One Hundred Twenty-five Dollars and 00/100 Cents ($243,t25.00} for the first year of occupancy, which shall'be paid in equal monthly installments of Twenty Thousand Two Hundred Sixty Dollars and 42/100 Cents ($20,260.42) each. All rental payments shall be due payable in advance by the fifteenth day of every calendar month dunng the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1/30m) of the monthly rental multiplied by the number of rental days of such fractional month. 2{302 The provisions of this Article shall in case of conflict with all Interpretation of another Article of this Lease be deemed to take precedence. Following the first full year of occupancy, the annual rent shall be increased by five (5) percent from the previous year's rent for each year throughout the life of the Lease. After the fifth year, if LESSEE and LESSOR shall agree to renew this lease as provided for in Article 2, the rental amount shall be renegotiated by mutual agreement between LESSOR and LESSEE. ARTICLE 5. Other Expenses and Char~es In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges, hereinafter referred to as "CAM", to be paid monthly in the amount of Four Thousand Eight Hundred Sixty-two Dollars and 50/100 Cents ($4,862.50) for the first six months of the Lease Term. This amount shall reflect the actual operating costs associated with, but not limited to, real estate taxes, property insurance, building maintenance and repair, landscaping maintenance and irrigation system, interior and exterior electrical & lighting system maintenance and repair, mr-conditioning system maintenance and repair, parking lot maintenance and repair, fire spnnkler maintenance and repair, elevator maintenance and repair and exterior window washing pertaining to the Demised Premises. LESSOR shali be responsible for exterior painting of the building, roof repairs or replacement, parking lot surface striping and curbing, and plumbing system. If LESSOR is required to increase the CAM after the first six months of occupancy. LESSOR shall provide LESSEE with written notice of the same b~ January 31 after the ne~ calendar year advising of the new charges for each Year of the Lease and for any renewals thereio. Each )'ear, LESSOR shall provide LESSEE with detailed list of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premise~. LESSEE shall be responsible for the procuring and payment of all janitorial services and utility ct:arges pertaining to the Demised Premises including, but not limited to, carpet cleaning, washing interior of ~indows, painting interior walls, replacing ceiling tiles, cteaning washrooms including unclogging toilets and urinals which may have become clogged, water and sewage charges, electricity, telephone or other communication services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall be responsible for costs associated with contracting for a trash dumpster and pest control service. LESSEE shall also maintain and replace, and be responsible for costs related to maintenance, repair, and replacement of light bulbs, ballasts, exterior and interior signs including, but not limited to the pole sign, air-conditioning filters, and all doors including, but not limited to, automatic glass sliding doors. All damages or injury to the Demised Premises and to its fixtures, appurtenances, glass, and equipment caused by or due to the carelessness, omission, neglect, improper conduct or other cause of LESSEE, LESSEE'S employees, agents, licensees, invitees, assignees, guests, ang~or visitors, shall be repaired at LESSEE'S sole cost and expenses. If LESSEE fails to make such repairs, restorations or replacements within reasonable time of written notice of same by LESSOR, such repairs, restorations or replacements may be made by the LESSOR at the expense of the LESSEE and collectible as additional rent or otherwise, and upon presentation of a bill or statement thereof shall be paid by LESSEE with the next installment of monthly rent due or within Thirty (30) days. I A GENOA ITEN, 2 8 2{302 LESSEE takes Leasehold of Demised Premises on an "As Is" basis and assumes full and sole responsibility for funding any changes, alterations, additions and/or improvements, hereinafter referred to as "Modifications", to the Demised Premises. As per Article 18 of this Lease, the interest of the LESSOR shall not be subject to liens for Modifications made, work done, materials furnished, or any other cause or reason whatsoever by the LESSEE. LESSEE shall notify all persons performing work or supplying materials ~o the premises of this provision in this Lease in accordance with Section 713.10, Florida Statutes. Prior to making any Modifications to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for Modifications in writing, clearly specifying the nature and extent of the desired Modifications as well as the contemplated starting and completion dates for such project, for LESSOR'S prior written approval. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations, or additions. LESSOR shall not unreasonably withhoid its consent'to required or appropriate alterations, improvements, changes, or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE assumes full and sole responsibility for procunng, and for all costs associated with procuring, any and all permits necessary for Modifications, as well as covenants and agrees in connection with any maintenance, repair work, erection, constructIon, improvement, addition or alteration of any authorized modifications. additions, or improvements to the Demised Premises, to observe and comply with all then and futm'e applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations. ~mprovements. and additions to said Demised Premises shall at once. when made or installed, be deemed as attached to the fi'eehold and to have become property of LESSOR. However, prior to the termination of this Lease or any renewal term thereof, or ~'ithin tl,,irtv ~30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions. ~mprovements, alterations, fixtures and installations :vhich were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned Io the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7. Access to Demised Premises LESSOR, its ouly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE or to the Head of the government office occupying the Demised Premises, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purpose of inspection for compliance with provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease, or to sublet the whole or any pan of the Demised Premises, or to permit any persons other than another County agency to occupy the same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of'LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the te~xns, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waive of any of the 3 HAY 2 8 2002 P~.~ ~ ARTICLE 9. Indemnity and Insurance subject to Chapter 768, Florida Statutes, and then applicable insurance of LESSEE, LESSEE agrees to and shall save, hold, and keep harmless, as well as indemnify the LESSOR from any and for any and all payments, expenses, costs, attorney fees and from and for any and all claims and liability for losses or damage to property or injury to persons occasioned totally or in pan by or resulting from any acts or omissions by the LESSEE or the LESSEE'S assignees or successors, or for any cause or reason whatsoever arising out of or by reason of the occupancy by LESSEE and/or the conduct of LESSEE'S operations. LESSEE also agrees to and shall save, hold, and keep harmless, as well as indemnify the LESSOR from any and for any and all payments, expenses, costs, attorney fees and from and for any and all claims and liability for losses or damage to property or injury to persons occasioned totally or in part by or resulting from any acts or omissions by the LESSEE or the LESSEE'S assignees or successors, or from any activity, or work done, permitted or suffered in or about the Demised Premises, any pan thereof, the land belonging to the LESSOR adjacent to the Demised Premises including, but not limited to, the parking lot with its multiple points of ingress and egress, or for any cause or reason whatsoever arising out of or by reason of the occupancy by LESSEE and/or the conduct of LESSEE'S operations; and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any default in the performance of the Lease resulting fro~ any act or negligence of LESSEE, its officers, agents, employees, euests, or invitees. If any action or proceeding is brought against LESSOR by reason of juch claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt nonce to LESSOR in case of casualty or accidents in or about the Demised Premises. ARTICLE 10. Janitolial LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such nouce, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of x~ ntten notice of costs incun'cd by LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR LESSOR shal; in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. Any notice, other than those covered by Articles 7 and 17 of this Lease, which LESSOR or LESSEL may be required to give to the other party shall be in writing to the other party' at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Abbas Ahrabi Asli 473 Banyan Boulevard Naples, Florida 34102-5103 CC; Office of the County Manager Facilities Management Director ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, in compliance with Article 6 of this Lease, as well as broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE dunng the continuance thereof, ordinary wear and tear excepted. ARTICLE 16. Gener.al Provisions LESSEE fut;.~ understands that the police and law enforcement security protection provided bv law enforcement agencies to the Demised Premises ,s limited to that provided to any other busines., or agency situated in Collier County, and LESSEE acknowledges that any special seoarity measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibiliu and co>t of LESSEE and shall invol',e no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any' use of the Demised ['remises which would interfere with or adversely affect the operation or maintenance of LESSOR'S rightful operations. LESSEE shali be privileged to place signs on the fagade of the Demised Premises at its discretion, but in compliance with ,Articles 5 and 6 of this Lease and all County ordinances. ARTICLE 17. Parkim, and Right to Land Use The provisiops of this Article shall in case of conflict with an interpretation of another Article of this Lease be deemed to take precedence. LESSOR shall make, or cause to be made, available at all times dunng the life of this Lease, a total number of seventy-five (75) parking spaces to LESSEE on the land belonging to the LESSOR adjacent to the Demised Premises, for the sole purpose of parking employee's personal use vehicles and fleet vehicles of LESSEE excluding heavy equipment or trucks. LESSOR reserves the right to relocate any parking spaces given that the new location is in compliance with the provisions of this Article 17. LESSOR shall not be responsible for placing any, signs related to parking. LESSEE'S right to parking spaces shall not in any event be construed as land use, which shall remain solely in the possession of LESSOR. right to AGE I'~t:) A I '1- E ~. ~'-~ 2 8 2002 ARTICLE IS. Liens and Encumbrances LESSEE will not do any act which will in any way encumber the title of LESSOR in and to the Demised Premises nor will the interest or estate of LESSOR in the Demised Premises be in any way subject to any claim by way of lien or encumbrance, whether by operation of ]aw or by virtue of any express or implied contract by LESSEE. Any claim to, or lien upon, the Demised Premises arising from any act or omission of LESSEE will accrue against the Leasehold estate of LESSEE and will be subject and subordinate to the paramount right and title of LESSOR in and to the Demised Premises. LESSEE will not suffer or permit any liens to stand against the Demised Premises, or any part thereof, by reason of any work, labor, services, or material done for or supplied or claimed to have been done for or supplied to the LESSEE, and will cause the removal of the filing of same by either payment, deposit, or bond. ARTICLE 19. Heirs, Assigns, and/or Successors This Lease is binding upon and inures to the benefit of the heirs, assigns, and/or successors to the LESSOR ARTICLE 20. Rador Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the folloxvirg: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional inforrnation regarding radon and radon testing max' be obtained from .x ou,: County Public Health Department. ARTICLE 21. Effect:~e Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ,ARTICLE 22. Governing Law This Lease shall be govemed and construed in accordance with the laws of the state of Florida. ARTICLE 23. Waiver No failure of LESSOR to enforce any term hereof shall be deemed to be a waiver. ARTICLE 24. Entire Agreement The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both ponies. The following Exhibits that are referred to in the above articles have been made a part of this Lease before the parties' execution hereof: IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands ~4Dd seals_ [ ~GE NOA IJ [ t'~ t MAY 2 8 200 6 [ p.,_ DATED: ATTEST: DWIGHT E, BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman AS TO THE LESSOR: DATED: ATTEST: BY: ABBUS AHRABI ASLI WITNESS (signature) print name WITNESS (signature) print name Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney 3285 East Tamiami Trail Naples, Florida iAG£NOA ITE~4 ~ NO. ~ EXECUTIVE SUMMARY APPROVAL OF AN AWARD OF RFP#02-3353 TO MGT OF AMERICA FOR THE REVISION OF HUMAN RESOURCES PRACTICES AND PROCEDURES. OBJECTIVE: To retain a Human Resources Consultant to revise the County's Human Resources Practices and Procedures Manual. CONSIDERATIONS: The Collier County Board of Commissioners, pursuant to the Collier County Personnel Ordinance, sets forth the responsibilities of the Human Resources (now known as Employee Services) Department and defines the difference between Policy and Procedure. The Board of County Commissioners establishes Human Resources policy. The County Manager Agency (per F.S. §125.174) is responsible for interpreting policy and establishing practices and procedures. The Practices and Procedures Manual is the primary document used in the adminiStration of Human Resources practices. The Collier County Human Resources Practices and Procedures Manual was most recently revised in 1999. From time to time it is necessary to review the manual to assure that these practices and procedures remain in compliance with current law and best practices. As a result, the Employee Services Department released an RFP to acquire the services of a firm to provide these revision services. The scope of work would require that the manual reflect clearly define procedures, roles and responsibilities; revise the format and structure to make the manual user-friendly; eliminate internal conflicts, ambiguities and inconsistencies; and assure that the manual is consistent with all Federal, State and Local laws. On April 22nd the selection Committee met to discuss and rate each proposal. Interviews were held at that time. Three proposals were received from MGT of America, Abbott Langer and Associates, and Allen Norton and Blue. The results of the scoring placed MGT of America as the top ranked proposer. MGT presented an objective, thorough, high quality work product with clear deliverables. In addition, MGT possessed extensive local government experience, which was confirmed through reference checking. The recommendation of the committee was unanimous. It is recommended that the Board approved the selection committee's recommendation of MGT of America to provide the services described. FISCAL IMPACT: The cost to complete this study is $41,000. Funds were not specifically budgeted for this project; however, due to the importance of the project it is recommended that the Board authorize a budget amendment to Fund 001 to fund the project from General Fund reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this item. RECOMMENDATION: That the Board of Commissioners approve the award of RFP#02-3353 to MGT of America; authorize staff to prepare a contract for the chairman's signature subject to an approval for legal sufficiency by the County Attorney; and authorize staff to process a budget amendment to fund the project. AGE NOA ITEN. HAY 2 8 ZOO2 / SUBMITTED BY: REVIEWED BY: APPROVED BY: ~-~.~_~. t.~/------- Date: /J'e~re,y/A. Walker, Director Employee Services .,~n~ ~, ~,, ~///~/' Date: Ste~'d~ CarrOll, Director Purchasing and General Services ~ Date: Jo-Anne Leamer, Administrative Services Administrator EXECUTIVE SUMMARY APPROVE CHANGES TO THE COUNTY PURCHASING POLICY TO ENHANCE CONTRACT ADMINISTRATION AND MANAGEMENT. OBJECTIVE: Update the current County Purchasing Policy to clarify existing procedures, and establish new procedures, for the administration of contracts for goods and services procured in the Board agency. CONSIDERATIONS: Annually, the Board agency procures over $160 million in goods and services. A substantial portion of this amount pertains to the design and construction of capital projects, an area of primary attention in the Board's strategic plan. Due to this high volume of procurement and the number of high profile projects, the County Manager directed that staff take appropriate steps to improve the efficiency and effectiveness of contracting procedures, and of contract management. Pursuant to this directive, a multi- divisional task team was formed to analyze contracting processes within the Board agency, and to evaluate contract management practices in other governmental agencies. The Purchasing Department has codified the resulting concepts into broad-scope procedures. These procedures have been reviewed by a wide variety of staff members in both the Board agency and the Clerk of Courts agency. In order to implement these procedures, it is necessa~ ~hat the County Purchasing Policy be amended to set forth enabling authority. Enclosed in this agenda packet is a resolution formally adopting the revised version of the policy. New language not previously approved by the Board is shown in bold. Language recommended for removal from the policy is shown as ~* .... ~' *~' ..... ~' The most notaSie ~olicv changes include the following: 1. Authorize the Purchasing Director io create and maintanin agencywide procedures for the issuance of notices under contracts, and for responding to requests to assign contracts. 2. Establish common parameters for creating and executing contract work orders. 3. Codify expectations regarding the review and analysis of prospective change orders and other modifications to contracts and work orders. 4. Amend the current staff authorization threshold for change orders, modifications and amendments from the current "10%" standard to "the greater of $10,000 or 10%" to expedite the processing of these items for smaller contracts. Upon the Board's adoption of this resolution, Purchasing Department staff will commence training to affected departments. FISCAL IMPACT: There is no direct fiscal impact associated with implementing the recommended changes to the policy. GROWTH MANAGEMENT IMPACT: There is no direct impact on the growth ma,_n_a~ment plan resulting from the recommended changes to the policy. RECOMMENDATION: That the Board of County Commissioners adopt the enclosed resolution formally amending the County Purchasing Policy and that the Chairman be authorized to sign the resolution on behalf of the Board. StepH'eh Y. CaFnell Purchasing/General Services Director REVIEWED BY: ~ Jo-Anne Learner Administrative Services Administrator Date: Nc /4,¢ MAY 28 2002 J 1 2 $ 4 6 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 2-7 28 29 $0 31 32 34 38 40 41 42 45 44 45 46 47' 48 RESOLUTION NO. 2002-__ RESOLUTION AMENDING COLLIER COUNTY RESOLUTION 2001-482 AND THE PURCHASING POLICY REFERENCED THERBY WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, The Board of County Commissioners on December 11,2001 adopted a consolidated and restated purchasing policy by Resolution 2001-482; and WHEREAS, improvements in the policy have been identified as a result of efforts of a multi-department Contracts Task Team to analyze, formalize and improve current processes of contracting; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Resolution 2001-482 and sections VII.C, VII.D, XIII and XIV of the purchasing policy are hereby amended as shown in the attachment hereto, which is incorporated herein by reference. Resolution 2001-482 and the purchasing policy are further amended to change all references to Purchasing Director to the new title of Purchasing/General Services Director. This Resolution adopted after motion, second and majority vote. favoring same. DATE: , 2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk By: James N. Coletta, Chairman By: Maureen Kenyon, Deputy Clerk APPROVED AS TO FORM AND L E~,._~..~ N CY: /% %.,,.4 ~ David C..W'eff'gel, County Attorney AGENDA No. MAY 2 8 2002 Contracts for a grouping of major, fixed assignments shall have a maximum initial contract amount limit of $3,000,000. Any contract and/or assignment that exceeds that amount subsequent to award and prior to completion of the work shall be subject to the provisions of Section XIV. C of this resolution. Projects shall not be sub-divided to circumvent the dollar thresholds established herein. General Professional Services: Includes administration, support and management of engineering, architectural, surveying and planning activities. These agreements shall have a maximum initial contract period of five years. However, said time provision shall in no way, prohibit the completion of tasks or assignments properly initiated prior to, but not completed until after the contract term. Continuing Contracts: These contracts shall be defined in accordance with Subsection 287.055(1)(g) and shall be subject to the provisions of this resolution. Purchasinq / General Services Director Authority: Work orders, and modifications to work orders, governed by this Section VII.C may be authorized and executed by the Purchasing/General Services Director if they do not exceed the applicable thresholds for Board approval set out herein. For all service procurements in excess of the formal competitive threshold under the Competitive Selection and Negotiation method, authority to announce and distribute Requests for Proposals or Letters of Interest and Qualifications and to appoint and empower a selection committee shall be pursuant to Section VIII.Bm hereof. STANDARDIZATION COOPERATIVE PURCHASING AND GOVERNMENTAl XIV. CONTRACTS Where standardization is determined to be desirable by the Director, the purchase of commodities may be made by negotiation with the approval of the Board of County Commissioners if more than the competitive bid limit or by the County Purchasing / General Services Director if less than or equal to the competitive bid or negotiation threshold. The Director shall have the authority to join W~th other units of government in cooperative purchasing ventures prior or subsequent to award when in the best interests of the County. If funds have already been budgeted, no further Board action will be required. C. Purchases made under tC~e-State of Florida a4:~'~*~,a~-~$C~contracts will be governed as follows: Above $25,000: Require Board approval and prior review by the Purchasing / General Services Director or his designee. $25,000 or less: Require the prior approval of the Purchasing Department. $1,000 or less: Require the prior approval of the authorized signatory. CONTRACT ADMINISTRATION Contract Document: Every procurement of contractual commodities shall be evidenced by a written document c provisions and conditions of the procurement. Said document but not be limited to: services gr IntainirT~G~DA IT EtM%,_ hall il~. de, HAY 2 8 2002 Pg._ '-/ A listing of the scope of services to be performed or commodities to be purchased. A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. Where applicable, pursuant to Section 287.32 F.S., a provision requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. The Purchasing / General Services Director shall have the discretion to determine the circumstances under which a purchase order (and all documents included by reference) shall serve as the contract document. Contract Manager: Every procurement of services shall be administered by the using agency (requesting department). Contract Chan,qes: Notices issued under a purchase or contract may be authorized and executed by the Purchasing I General Services Director, excepting notices that terminate a Board-approved purchase or contract in its entirety. Modifications to a Board approved purchase or contract, including but not limited to cGhange orders, supplemental agreements, amendments and changes by letter +'-,v _ ~ _v_,~"~"~ .~.~.,v.~'~ purchase v, ..... v~,,.,~v. may be authorized and executed a-ppr-e~,~t-by the Purchasing I General Services Director cr ~'~ designee, *'- +~-~' ""+~'"* .... ~"'~ by ~ .... provided that the change (or the sum of the changes) amounts to not more than the greater of (i) 10 percent er-lees of the current Board approved amount or (ii) $10,0OO. Tk~ Purch=sing Department .~.~. ~.~ responsible ~ .... *"~'""~'~ ~, ........ bio designee ~o" ~'~ subject to +h,, limit ......... mllt~hla f~lmrol The proviso at the end of the previous paragraph ~:~e-~hall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the using agency(les). Such purchases shall be subject to all other provisions of this policy. Notices that terminate an entire purchase or contract that was Board approved, and contract modifications Ch~n.qe ..... "~'" ........ ~, --,.~ ........... .... *~ a~',reeme~ts cr :me,".dm3~ts that increase the total contract amount be limits set forth above as applicable, shall require the approval of the County Commissioners or as otherwise provided for in this policy. TI shall have broad authority, within the limits of the taw, to evaluate an<: any recommended contract modification ch~ge ""4~'~,-~,,~.,. .... a<~4mcRem-~thout requiring further competition. 'end the 3 o.ard of e Boar~GENDA ,~.TE~. apprq~. /(. ~ , ~ment:l '" HAY 2 8 2002 pg._ ~- Contract Extension: Extension(s) of a Board-approved contract for commodities or services may be requested by the contract manager to the Purchasing / General Services Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set forth in the initial contract. The Purchasing / General Services Director shall have the authority to authorize and execute issue-all such extensions. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. Extensions of contracts awarded by the P'-rch_as!n~ / Gener=! Se,"':!ce__. D!rector that do not (inclusive of the extension} subseo~qtly exceed the formal competitive threshold may be authorized and executed atAor-oved-by the Purchasing / General Services Director without Board action. Contract Renewal: The Purchasing / General Services Director shall have the authority to authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: That the Contractor has performed in a satisfactory manner and that the Director has received a request to renew from the Contract Manager verifying the Contractor's satisfactory performance. That the agreement is renewed subject to the terms and conditions set forth in the initial contract. Costs and terms of any contemplated renewals are inctuded in the invitation to bid or request for proposals. That the renewal is done on an annual basis, commencing at the end of the initial contract period. Any such contracts shall not be renewed for more than 3 years unless competitively procured. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. Contract Approval: All formal, bilateral contracts for commodities and services in excess of the formal, competitive threshold shall be authorized by the Board of County Commissioners. Such agreements for purchases tess than or equal to the formal, competitive threshold may be authorized and executed ~by the Purchasing/Gan~r=l Sa,";ic~c Director, cr his d~signac, subject to the review:, and approval for legal sufficiency by the Office of the County Attorney. Work Orders (Not Under CCNA): The Purchasing I General Services Director may authorize and execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in either the Board-approved term contract for services under which the work order is generated, the solicitation document(s) that resulted in the contract or the Executive Summary that pertains to the contract. Modifications to a work order may be authorized and executed by the Purchasing / General Services Director, provided that the work order, as modified, does not exceed $100,000 or if it does, the change (or sum of the changes) does not exceed 10% of the current Board approved amount. The above provisions of this Section G shall not apply to work orders, or modifications to work orders, governed by Section VII.C above. ~ENDA ITE~-. No. /~ ~' ~ MAY 2 8 2002 Pg._ Consent to Assit:lnments of Contract: For all contracts which exceed the formal competitive threshold, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. For such requests for agreements below the formal competitive threshold, the Purchasing/General Services Director shall have the authority to approve assignments on behalf of the agency. Authority Limitation and Delegation; Promulgation of Procedures: The Purchasing I General Services Director may delegate to one or more other Board employees any or all aspects of the authority vested in the Purchasing I General Services Director to authorize and/or execute contracts or contract-related documents pursuant to Section VII.C above and Sections C through G of this Article XIV or otherwise under law. All authority to authorize and execute documents that is vested pursuant to this Article XIV in the Purchasing I General Services Director or any other person shall be subject to the limits of any applicable federal, state or other law. The Purchasing Department shall be responsible for establishing and maintaining administrative procedures that set forth any delegations of authority made pursuant to the foregoing provisions of this Section I, that set forth formal processes for each of the instruments referenced in this Article XIV, and that are in all respects subject to the provisions of this Article XIV. These procedures shall also set forth generalized requirements for (i) such pre-execution reviews of documents by the Office of the County Attorney and (ii) pre-execution reviews of documents by such other departments, if any, as the Purchasing I General Services Director determines to be appropriate and advisable. AGENDA ITF~ No, /C ~ ~,~ ' MAY 2 8 2002 Pg.__~_ EXECUTIVE SUMMARY APPROVAL TO SECURE A LEASE AGREEMENT WITH GERALD T. AND CATHERINE L. BERRY FOR OFFICE SPACE LOCATED AT COURT PLAZA III AT AN ANNUAL COST OF $44,804. OBJECTIVE: To obtain Board approval to enter into a Lease Agreement with Gerald T. and Catherine L. Berry for office space located at the Court Plaza III office complex adjacent to the government center. CONSIDERATIONS: Additional office space is needed to house technical support personnel assigned by the County Manager and the Clerk of Courts to support the implementation and ongoing training requirements for the new Financial Management software system that is currently being installed. The proposed space is located at 2671 Airport Road South in the building known as Court Plaza III, which is located adjacent to the northern side of the Government Complex. This building currently houses several offices already occupied by the Clerk to the Board. The term of the lease is for five (5) years with a provision for one (1) renewal term of two (2) years. The lease includes a provision for the County to terminate at any time throughout the life of the lease by providing the landlord with a thirty (30) day written notice. The office is located on the third floor and consists of 2,800 square feet. The annual rent is $39,200 for the first year and then shall be increased by four (4) percent each year thereafter. The rent is reflective of comparable office space within the immediate area. In addition to rent, the County is responsible for monthly Common Area Maintenance ('CAM') in the amount of $467. The CAM will be increased annually based on the landlord's actual operating expenses. The County will be responsible for utility charges, replacement of light bulbs and air- conditioning filters. The landlord shall provide and pay all costs associated with the repair and maintenance of the air-conditioning system, electrical system, and pest control service associated with the Demised Premises. The Facilities Management Department shall return to the Board of County Commissioners at a future date with its budgetary requirements in order to make necessary leasehold improvements at the Demised Premises. MAY 2 8 2002 EXECUTIVE SUMMARY Financial Management Project Page 2 FISCAL IMPACT: There is budget available in the SAP project (No. 01017) for the payment of rent and Common Area Maintenance fees in the amount of $13,069. For FY03, the annual rent cost of $39,629 (8 1/= months @ $3,266.67 plus 3 % months @ $3,397.34) and Common Area Maintenance fees (first 6 months @ $466.66 may be increased based on the landlord's actual operating expenses) will be divided evenly between the Board of County Commissioner (Clerk's in lieu of transfer) and Information Technology's System Support budgets. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Gerald T. and Catherine L. Berry and authorize its Chairman to execute same at a later date pending final review of the Lease Agreement by the County Attorney's Office. REVIEWED BY: REVIEWED BY: APPROVED BY: -'~'./'-.-t :,. ' DATE: Michael H. Dowling, Property._Manage'ment Specialist  bt, lities Manag,e.ment Department A a er Charles E. Carrington, J .,,-~ , g Property Acquisition & Construction Management Facilities Managem~ent Departm.,,~t s ip Camp, 5ire to , _ Facilities Management Department ~~" DATE: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this __ day of , 2002, between Gerald T. Berry and Cathenne L. Berry whose mailing address is 367 Ridge Drive, Naples, Florida 34108, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 2,800 square feet located at 2671 Airport Road South, Suite 301, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. LESSEE covenants and agrees not to use. occupy', suffer or permit said Demised Premises or an'.' part thereof to be used or occupied for any purpose contrary' to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years, commencing on June !.5, 2002 and ending June 14. 2007. LESSEE is granted the option, provided it is not then in default of an,x of the terms of this Lease, to renew same for one (1) additional term of t~vo (2'1 .,,'ears, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt bx' LESSOR. LESSEE, however, without thereby incurring any additional obligation to LESSOR. reserves the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice period shall be effective upon actual receipt by LESSOR. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Thirty-nine Thousand Two Hundred Dollars ($39,200.00) per annum to be paid in equal monthly installments of Three Thousand Two Hundred Sixty*six Dollars and Sixty-seven Cents ($3,266.67), for the first year of the Lease, hereinafter referred to as the 'Initial Term.' All rental payments shall be due payable in advance by the fifteenth day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Annual Rental Increases Following the first full year of occupancy (the 'Initial Term'), the annual rent shall be increased by four (4) percent from the previous year's rent, compounded, each year throughout the life of this Lease. AGENDA MAY Z ARTICLE 5. Other Expenses and Charges LESSEE shall pay all janitorial services and utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, sewer and telephone or other communication service used. rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same AS ADDITIONAL RENT within thirty (30) days of its receipt of the LESSOR'S bill or invoice. In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges, hereinafter referred to as "CAM", to be paid monthly in the amount of Four Hundred Sixty-six Dollars and 66/100 Cents ($466.66) for the first six months of the Lease Term. This amount shall reflect the actual operating costs associated with, but not limited to, real estate taxes, property insurance, building maintenance and repair, landscaping maintenance and irrigation system, interior and exterior electrical & lighting system maintenance and repair, air- conditioning system maintenance and repair, parking lot maintenance and repair, fire sprinkler maintenance and repair, elevator maintenance and repair and exterior window washing pertaining to the Demised Premises. If LESSOR is required to increase the CAM after the first six months of occupancy, LESSOR shall provide LESSEE with written notice of the same by January 31 after the new calendar year advising of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed list of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises. LESSEE will provide to LESSOR all proposals and plans for alterations. improvements, changes or additions to the Demised Premises for LESSOR'S prior written appro`.'al, specifying in writing the nature and extent of the desired alteration, improvement. change, or addition, along with the contemplated stalting and completion time for such project. LESSOR or its designee ,,,,'ill then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) davs there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or impro~rements to the Demised Premises, to observe and comply `.`.ith all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and an,',' and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE. and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. I AG£NOA LTEM~. I NOo~ ! MA¥ Z ARTICLE 7. Access to Demised premises LESSOR. its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a Consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity and Insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease. adjusted only so far as necessary to account for their change in legal position. ARTICLE 10. Maintenance and Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. LESSOR shall be responsible for all costs associated with the repair and maintenance of the air-conditioning system, electrical system and pest control within the Demised Premises. LESSEE shall be responsible for all costs related to replacing light bulbs and air- conditioning return vents within the Demised Premises. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. AG£'t~OA NAY Z 2002 Pg. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples. Florida 34112 LESSOR: Gerald T. Berry or Catherine L. Berry 367 Ridge Drive Naples, Florida 34108 CC: Office of the County Attorney Facilities Management Department ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage bv fire or the elements beyond LESSEES control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by la,,,,' enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed by LESSEE to be necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall inxolve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, ma.',' present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines haxe been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from 3'our County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be govemed and construed in accordance with the laws of the State of Florida. I A GENDA L,T E hl/'~ NAY Z 8 2002 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY' JAMES N. COLETTA, Chairman AS TO TI-[E LESSOR: DATED: ATTEST: WITNESS (signature) GERALD T. BERRY (CO-LESSOR) print name WITNESS (signature! print name AS TO THE LESSOR: WITNESS (signature~ CATHERINE L. BERRY (CO-LESSOR) print name WITNESS (signature) print name Approved as to form and legal sufficiency: Thomas ~. P~lmer Assistant County Attorney EXECUTIVE SUM MARY AWARD ANNUAL CONTRACT FOR UNDERGROUND UTILITY CONSTRUCTION SERVICES PURSUANT TO RFP #02-3345, IN THE ESTIMATED AMOUNT OF $6,0OO,000. OBJECTIVE: To provide scheduled and emergency underground utility construction services to be used by any County Department. CONSIDERATIONS: Due to the aggressive schedule requirements for upcoming Public Utilities Engineering projects included in the Five Year Water and Wastewater Master Plans and the scheduled and emergency requirements of the Water and Wastewater Departments, it was determined by staff to be in the best interests of the County to reissue the Request for Proposal for the Annual Contract for Underground Utility Construction Services. The RFP was publicly advertised on February 27, 2002. Notices were sent to 110 firms with 20 vendors requesting full packages. Nine responses were received by the due date of March 22, 2002. A Selection Committee meeting was held on April 16, 2002 and after review and discussion; by consensus of the members, the following nine firms have been shortlisted. Mitchell & Stark Construction Douglas N. Higgins Kyle Construction Inc. Quality Enterprises Southwest Utility Systems 2. 3. 4. 5. 6. Haskins Inc. 7. Florida State Underground 8. Cross County Underground 9. Armadillo Underground Due to the amount of work expected to be done under this contract, the Selection Committee recommends that all nine firms be put under contract. In order to being using the expanded contractor list immediately, Staff recommends that the Board terminate the previous Contract #00-3087. The Scope of Services states that the utility contracting services shall not exceed $200,000 for any one project without Board approval and shall have a maximum annual contract amount limit of $5,000,000 per vendor. FISCAL IMPACT: These services will be used by different departments. Each user department will budget funds for specific projects. GROWTH MANAGEMENT IMPACT: There is no impact on growth management associated with this item. Page Two Executive Summary RFP 02-3345 RECOMMENDATION: That the Board of County Commissioners (1) approve the Selection Committee's selection of firms, (2) authorize the Chairman to execute the standard contracts subject to approval by County Attorney and (3) terminate the previous Contract #00-3087. SUBMITTED BY: REVIEWED BY: APROVED BY: Lyn M, Wood, Purchasing Agent ..4 , ~ ~ ', / / ~ /: ~,-", ~'Y: ? ,'/ Date: 'h. _ ~ Steve Carnell, Purchasing/General Services Director Jo-Anne Leamer, Administrative Services Admin~s[rator 2 8 2002 Pg. ? ..... EXECUTIVE SUMMARY AWARD ANNUAL CONTRACT FOR TELEMETRY SERVICES PURSUANT TO RFP #02-3359, IN THE ESTIMATED AMOUNT OF $700,000. OBJECTIVE: To provide for scheduled and emergency telemetry services to be used by any County Department. CONSIDERATIONS: 1. The County operates various water and wastewater facilities necessary to'serve the customers of the County Water/Sewer District. These facilities are controlled and monitored via computer controlled telemetry systems. An Annual Contract for Telemetry Services is required to repair, service and provide new and replacement installations of the various components of the telemetry systems to insure proper operation of the Water and Wastewater Systems. 2. RFP #02-3359 was posted on March 20, 2002. Twenty-nine inquiries were sent to vendors, eighteen full packages were requested, and five proposals were received on April 12, 2002. 3. A Selection Committee meeting was held on April 30, 2002 and after review and discussion; by consensus of the members, the following four firms have been shortlisted: 1. Data Flow Systems 2. Consolidated Power Systems 3. Rocha Controls 4. Goff Communications 4. Staff recommends putting all of the four vendors that were shortlisted under contract due to the diversity of equipment between the Water and Wastewater Departments and the individual expertise of the vendors. Services will be requested by purchase order. FISCAL IMPACT: Expenditures will be dependent on required system repairs and new and replacement installations. The funds are budgeted and approved in the following operating budgets for the Water and Wastewater cost centers: North Water Facility, North Water Reclamation Facility, South Water Facility, South Water Reclamation Facility, Wastewater Collections, Water Distribution, Goodland Water District and Pelican Bay Water Reclamation Facility. The source of funds is user fees. GROVVTH MANAGEMENT IMPACT: There is no impact on growth management associated with this item. Page Two Executive Summary RFP 02-3359 RECOMMENDATION: That the Board of County Commissioners award RFP 02-3359 to the four firms recommended herein for the Annual Contract for Telemetry Services. · Wood, Purchasing Agent SUBMITTED BY: Stevd' Cam~, Purchasing/General Se~ices Directo/ ,~PROVED BY: Date: 5 ':)~%g:~ Jo-Anne Learner, Administrative Services Administrator .o./~,-~¢ ~ HAY 2 8 2002 EXECUTIVE SUMMARY AWARD CONTRACT FOR ARCHITECTURAL SERVICES FOR PROGRAMMING AND DESIGN OF THE GREY OAKS PUBLIC SAFETY FACILITY, RFP # 02-3326, IN THE AMOUNT OF $74,188.33. OBJECTIVE: To award RFP # 02-3326, design of the Grey Oaks Public Safety Facility, to Barany Schmitt Summers Weaver and Partners, Inc. The County's EMS Department, the East Naples Fire Department and the North Naples Fire Department will occupy the facility. CONSIDERATIONS: On March 26, 2002, the Board approved a short list for architectural services for programming and design of the Grey Oaks Public Safety Facility and authorized staff to negotiate a Professional Services Agreement with the top ranked firm, B~.rany Schmitt Summers Weaver and Partners, Inc. A fee of $222,565 was negotiated by staff for the complete program and design of an approximately 15.000 square foot facility. The Board is responsible for 1/3 of the fee or $74,188.33. Collier County Facilities Management will manage the design and construction of this joint use facility. To facilitate the availability and control of funds used for the design and construction of the proposed facility, the above mentioned Fire Districts and the Collier County EMS elected to pool their funds for the project. Since the facility will be programmed into three (3) equal spaces, all costs will be split 33 1/3(~ for each participating agency. The purchase of the land, the administration of the contract by the County and the distribution of project costs are all addressed in an Interlocal, Purchase, Construction and usage Agreement, approved by the Board on November 13,2001. FISCAL IMPACT: Staff is recommending a budget amendment transferring funds of $100,000 each from the East Naples Fire District, North Naples Fire District and the Collier County EMS Impact Fee Fund into a County interest bearing account for the disbursement of design funds for the project. Finance will calculate any interest payable per the BCC, ENFD, & NNFD Agreement. Funds for the construction of the facility will be contributed when the design is complete and the construction cost is known. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board award a Professional Services Agreement to Barany Schmitt Summers Weaver and Partners, Inc. and authorize the Chairman to sign a standard, County Attorney approved agreement. In addition, that the Board approve a budget amendment transferring funds from the East Naples Fire District, North Naples Fire District and the County's EMS Impact Fee Fund into Collier County Revenue and Expense Cost Centers for the design and construction of the Grey Oaks Safety Facility. PREPARED /,~J/K~k ~rognale, C~nst~uction Manager /Department of Facilities Management DATE: Executive Summary RFP -02-3326 ( cont. ) Page 2 REVIEWED BY:~ SMp Camp, CFM, Director Department of Facilities management DATE: REVIEWED BY: (~~' ~ Jeffrey p¢~r of Operations E.M.S. DATE: REVIEWED BY: //~.~-~2.~- 6d..~/ ~;. _~ '-d DATE: Ste~:9~/Came~,'Dire~t° / ~'~t,'~Id.C Purchasing Department REVIEWED BY: ~'~ Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: 282002 ] APPROVAL OF BUDGET AMENDMENTS BCC Agenda of May 28, 2002 1981 Water Management CIP (Fund 325) Stormwater Management Budget Amendment t$'02-335 Interdepartment Payment for Services Reserves Reserve for Capital Outlay Total: $16.000 (16.000) -0- Explanation: Funds are needed to pa3' for culvert work in Port-au-Prince. AGENDA iTEM No. /~ ~- ! MAY 2 8 2002 Pg.., / EXECUTIVESUMMARY PRESENTATION OF THE ENVIRONMENTAL ADVISORY COUNCIL'S ANNUAL REPORT OBJECTIVE: To hear the Environmental Advisory Council's annual report regarding its prior year activities. CONSIDERATION: Division 5.13 of the Collier County's Land Development requires the Environmental Advisory Council to provide an annual report to the County Commission in May of each year. On May' 1, 2002, the EAC voted unanimously to forward the attached report to the BCC and to have the chairman present its contents. FISCAL IMPACT: Not applicable. GROWTH MANAGEMENT IMPACT: The EAC functions as the technical advisory committee to advise and assist the County in the development and implementation of the County's environmental resources management program as required in Policy 1.1.1 of the Conservation and Coastal Management Element. RECOMMENDATION: That the Board of County Commissioners hear and accept the Environmental Advisory Council's annual report. PREPARED BY: APPROVED BY: :~liam D. Loretit~, Jr., P.I~., DTrector Natural Resources Department DATE: r DATE: Development & EnviirS;rftm;ntal Services I 7 &$~IDA rrEM MAY 2 B 2002 pg. ENVIRONMENTAL ADVISORY COUNCIL ANNUAL REPORT TO BOARD OF COUNTY COMMISSIONERS MAY 2002 I. INTRODUCTION The Environmental Advisory Council (EAC) completed its third year of deliberations, following the combination of the original EPTAB and EAB. The Council membership is enclosed as Exhibit A. This report is submitted to the County Commission in compliance with provisions of the enabling legislation, included as Exhibit B. The report includes activities of the Council in 2001/2002 as well as environmental concerns of the membership, and considerations for future activities. II. PURPOSE The EAC, as evident in Exhibit B, acts in an advisory capacity to the Commission in both broad and specific areas, and is seen by the Council to be both re-active and pro-active in its deliberations, including but not limited to: A. Matters dealing with the regulation, control, management and exploitation of any and all natural resources within the County; B. The review and evaluation of specific zoning and development petitions and their impact on these resources, providing recommendations to the Commission, and C. An interested and effective sideline role in the various deliberations under the Final Order stipulations given to the County. III. COLTCIL ACTIVITIES, 2001/2002 Land Use Petitions Petitions before the Council were significantly lower than 2000/2001 due to the application deadline under the Final Order. The Summary of petitions is included as Exhibit C. Bo Growth Management Plan 1. Growth Management Subcommittee (a) Monitored activities of: Rural Lands Oversight Committee Eastem Lands Oversight Committee (b) Met following Rural Fringe meetings for summary report to Council. (c) This sideline posture seemed to be the only role for the Council in the "assessment" process until an opportunity for recommendations arose. Page I MAY 2 g 2002 2. Reviewed several GMP amendments. C. Land Development Code 1. Reviewed numerous proposed amendments with staff; 2. Passed on a list of seventeen recommendations to the Board of County Commissioners. (See Exhibit D) Continued study of problems and corrective actions, particularly.regarding: (a) Wetland impacts (b) Wetland mitigation procedures (c) Listed species protection Scheduled several Workshops; 1. Wetland 2. County Sexver System 3. Panther habits and possible protection measures 4. Sea turtle protection measures E. Procured a position on the Hearing Examiner Search Committee. IX,'. COL~'CIL CONCERNS AND FUTL~E PLANS A continued major concern is the significant loss of viable functioning wetlands. The Council continues to be frustrated with the magnitude of projects approved that significantly' invade the natural processes and habitats. Simple mitigation is not the answer, and a more meaningful balance needs to be struck between property rights and problems in the accelerated growth rate. The Council felt that the period of study under the Final Order was going to remedy many of the concerns. This does not seem to be the case. althoueh some progress has been made. With the event of appointment of a "Hearing Examiner", it is hoped that the Council can assume a more Policy oriented position and address the mounting Natural Resource problems facing the County. This would allow the Council to take on a more pro-active position. C. Extreme concern exists regarding the problem of water supply, in particular matching with the expected growth. Following several heanngs regarding sea turtle protection difficulties, the Council is concerned with the Code provisions relating to "Beach Raking". [ (~a MAY 2 g 2002 Page 2 ~ Member/AddressfPhone EXHIBIT A ADDRESSES FOR'EAC MEMBERS (REVISED: 5-7-02) Business Address Term Expires Ed Carlson National Audubon Society 375 Sanctuary Road West Corkscrew Swamp Sanctuary April 30, 2003 Naples, FL 34120 375 Sanctuary Road West Phone: 348-9143 Naples, FL 34120 E-mail: ECarlson @ Audubon.org Michael G. Coe, Lieutenant Colonel April 30, 2005 4552 Eagle Key Circle Naples, Florida 34112 Phone: 732-0625 Cell: 272-0075 Fax: 732-9126 E-mail: Mickey644 @mindspring.com Vacant April 30, 2002 Erica Lynne 676 110 Avenue North April 30, 2006 Naples, Florida 34108 Phone: 514-2968 E-mail: ericalynne @earthlink.com Alfred F. Gal, Jr. Bond, Schoeneck & King 82 North Barfield Drive 4001 Tamiami Trail North April 30, 2005 Marco Island, FL 34145 Suite 250 Phone: 389-0479 Naples, FL 34103 E-mail: agal@bsk.com Work Phone: 262-8000 Vacant t pril~~_____~" MAY' 2 )5 ZUU2 1 Alexandra "Ailie" Santoro Florida Family Mutual Insurance Co. 210 Riverwood Rd 720 Goodlette Rd. North April 30, 2004 Naples, FL 34114 Naples, FL 34102 Phone/fax: 793-7878 Phone: 403-I 858 E-mail: asantoro@flfamilv.com Thomas W. Sansbury Grey Oaks Development Corp. 840 River Point Drive, Unit 840 2600 Golden Gate Parkway April 30, 2004 Naples, Florida 34102 Naples, Florida 34105 Phone: 417-2053 Phone: 403-6800 E-mail: TomGator@aol.com Fax: 403-6808 William W. Hill, Ph.D. 5928 Cranbrook Way, D-205 April 30, 2003 Naples, Florida 34112 Phone: 774-4412 E-mail: BillHil144@aol.com 2002 EXHIBIT B DECISION-MAKING AND ADMINISTRATIVE BODIES DIVISION 5.12. RESERVED* § 5.13.2.2 DIVISION 5.13. ENVIRO~ ADVISORY COUNCILS Sec. 5.13.1. 5.13.1.1. 5.13.1.2. (Ord. No. 99-6, Establishment of the environmental advisory council There is hereby established "The Environmental Advisory Council" which sh~ll heroin be referred to as the EAC. The environmental advisory board is hereby abolished as of 120 days ~ the effective date of thi~ amendment'or the fir~ meeting of the FAC, whichever occurs earlier. At the date and time of the first meeting of the FAC as provided all matters still pending before the EAB ipso facto sh~II be n-~nsferred to the FAC and sbMl be the fir~ m~rr2rs of consideration by the EAC. Any references within the land development code to the environmental advisory board shall now refer to the environmental advisory council. § 3.K, 1-27-99) Sec. 5.13~2. 5.13.2.1. 5.13.2.2. Authority, functions, powers and duties. The EAC obr=ins its jurisdiction, powers, and llmi~S of authority from the board cf ceunry commissioners, hereinafter referred to as the beard, and pursuant to thi~ code, shall ac~ in an advisory capacity to the board in ma:~ers de~ling with the regulation, control, management, use or exploitation of any or all naUn'al resources of or within the county and the review and evaluation of specific zoning and development petitions and their impac~ on those re_~ources. The FAC will function to: (1) Advi~.e on the preservation, conservation, protec~on, management and benefi~l use of the physical and biological natural resources (ar~nospher- ic, refresh-iai, aquatic and hydrologic) of the county in regard to the safety, health and general well-being of the public; (2) Advise and assist the county s~ff and board toward developing the purpose, intent and criteria of nil county ordln~nces, policies, progrnm.~ and other initiatives deMing with natural resources. (3) Provide ~rltten and oral reports directly to the board rogardi-g recom- mendations on matters deo!ing with the protection of natural r~ources. *Editor's note Former div. 5.12, which pertained to the housing and urban improvement department, was repealed by Ord. No. 96-66, § 3.0, adopted Oct. 30, 1996. ~Editor's note--Ord. No. 99-6, § 3.K, adopted Jan. 27, 1999, amended § 5.13.1---5.13.9 in their entirety to read as herein set out. Formerly, said sections pertained to similar material. See the Code Compara,ve Table. Code references-Boards, commissions, committees and authorities, § enviro-ment, ch. 54; natural resources, ch. 90. Supp. No. 9 LDC5:15 MAY Pg. 2 2002 ,~.. § 5.13.2.2 COLLrI~.R COUNTY LAND DEVELOPMENT CODE 5.13.2.3. Supp. No. 9 (4) Review and recommend stip,d~tions addressing the preservation, conser- vation, protection, m~nA~ment and beneficial use of the county's ph.vs- ical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) for petitions and/or plnn~-for'-selectod development orders, including but not llmlt~d tO rezones, developments of regionnl impact, prov/sional uses, sub~vlsion master plnn.~ and pIAnn~cl development Amendments that are directed to the EAC by county stafl~ the board, or the provisions of thiA code. The powers and duties of the FAC are as follows: (1) Identify, study, evaluate, and provide te~hnlcal recommendatiolls :o the board on progr~m-~ necessary for the conservation, mAnAgemenT and protection of air, land, and water resources and environmental the county. (2) Advise the board in establishlnE goals and objectives for the county's environmental conservation and mAnn~ement progrnms. (3) Advise the board in developing and revising, as appropria:e, local rules, ordinA-ces, regulations, pregrAm.~ and other initiatives addres~in~ the use, conservation and preservation of the count~/s natural resources. (4) Advise the board in the implementation and development of the ~.~mwth management plan regardlnE environmental and natural resource issues. (5) Advise the board in identifying and recommending solutions to and future environmental issues. (6) Serve as the technical advisory committee to advise and assist the county in the activities involved in the development and implementation of the county, environmental resources management progrnm as stated in policy 1.1.1 of the conservation and coastal management element of the grvwth management plan. (7) Implement the water policy pursuant to chapter 90, article II of this code. (8) Provide an opportunity for public comment on environmental issues, ordinances and progrnm.~. (9) Implement the provisions of the conservation and coastal mnnAsement element of the county's comprehensive plan during the review process for development petitions and/or (10i Participate in the review and recommendation process for excavations over 500,000 C.Y., as provided for in division 3.5. (11) Assist in the implementation of any new programs, ordinances and/or policies adopted by the board which deal with the conservation, mA,~ge- ment and protection of air, land, water and natural resources and environmental quality in Collier County. LDC5:16 ITEM 2 § 2002 DECISION-MAKING AND ADMINISTRATIVE BODIES §5.13.3.5.3 (12) Provide an appellate for~,m and process to hear disputes between county staff and applicants concerning land development projects and recom- mend proposed stipulations for project approval or grounds for project denial for board consideration. (13) Function as an environmental impact statement (ELS) review board pur~-nt to division 3.8. (14) The EAC sh,ll present an ,nnual report to the beard at a reg~t~ beard mee~-E in May of each year. The report shall list the EAC's achievements for the prior year, present its objectives for the coming year and h~Ehlight environmental issues that need further study. (Ord. No. 99-6, § 3~L 1-27-99) Sec. 5.13~. 5.13.3.1. 5.13.3.2. 5.13.3.3. 5.13.3.4. 5.13.3.5. 5.13.3.5.1. 5.13.3.5.2. 5.13.3.5.3. Supp. No. 9 Member~kip. Nine momhers of the EAC shall be appointed by and serve at the pleasure of the boarcL Appointment to the EAC shall be by resolution of the board and shall set forr~ the date of appointment and the term of office. Vacancies on the EAC shall be publicized in a publication of general drculation within the county, and vacancy notices shall be posted in the county, libraries and county courthouse. Members sh.ll be permanent residents and electors of Collier County and should be reputable and active in COmm~mity service. The primary, consideration in appointing EAC members shall be to prov/de the board with techniCal ezpertise and other viewpoints that are necessary, to effectively accomplish the EAC's purpose. In appointing members, the board should consider a membership guideline of six teohnical members and three non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: air qu.lity, biology (including any of the subclisciplines such as botany, ecology, zoology, e~.), coastal processes, estuarine processes, hazardous waste, hydrogeology, hydrology, hydraulics, brad use law, ].nd use pl.nnlng, pollution control, solid waste, stormwater management, water resources, wildlife management, ar other representative areas deemed appropriate by the board. The initial tarms of office of the members of the EAC shall be as follows: Two members will serve for a term of one year. Two members will serve for a term of two years. Two members will serve for a term of three years. LDC5:17 MAY 2 8 2002 §5.13.3.5.4 COT,T.IER COUNTY LAND DEVELOPMENT CODE 5.13.3.5.4. Three members will serve for a term of four years. ~ the ini~] term of appointment, each appointment or reappointment shall be for a te_nn of four years. Terms ,=hnll be staggered so that no more than a mlnon.'ty of such members' appointments will expire in any one year. 5.13.3.6. Any member of the EAC may be removed from office by a majority vo~ of the beard of county commissioners. 5.13.3.7. Except where otherwise set forth her~n; the provisions of Ordiu~nce No. 86-41, as ~mended, shnll apply. (Ord. No. 99-6, § 3.K, 1-27-99) Sec. 5.13.4. 5.13.4.1. 5.13.4.2 5.13.4.3. (Ord. No. 99-6, Office~ and suppor~ staff. The officers of the EAC shall be a chairman and a vice-chair~nn- Officers' terms shall be for one year, with eligibility for reelection. The chairrn~n and vice-chairrnnn sh~ll be elected by a majority vote at the Ol'g~ani~-ation~) meeting and thereaflmr at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The vice~hzirman shall perform the duties of the chairman in the absence or incapacity cf the chairman. In case of removal, resignation or death of the chairm~n~ the vice-chairman shall perform such duties as are imposed on the chairmmn until such r/me as the EAC shall elect a new chairman. Should the offices of chairman and/er vice-chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. Professional support staff for the EAC shall be provided by the communiD' development and environmental services division and such other county, srm_ff from elsewhere within the county government as may, from r/me to r/me. be requested by the EAC and deemed necessary by the county administrator. § 3.tC 1-27-99) Sec. 5.13.5. 5.13.5.1. 5.13.5.2. Supp. No. 9 Meetings, quorum and rules of procedure. Regular meetings of the FAC shall be held on the first Wednesday of each month at 9:00 am. or otherwise as determined by the community development and environmental services ~drn~nistrator, in the cornmi-~sioner's meeting room, third floor, building ~F," Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership. A simple majority, of the appointed members of the FAC shall const/rute a quorum for tha 1~'~ .rpose of conducting business. An nffirmative vote of five or more mernhers shnl] be necessary in order to take official action regardless of whether five or more members of the EAC are present at a me~ ~nf. ~.~aO~ Irr~ ri)cs:is MAT 2 8 2002 5.13.5.3. 5.13.5.4. DECISION-MAKING AND ADMINISTRATIVE BODIES §5.13.6 The EAC shall, by majority vote of the entire membership, adop~ rules of procedure for the tr~_ n-action of business and shall keep a record ofmee~n~, resolutioI~, f~ldln~ and determlnntions. ~:le following standing ~mlt- tees comprised solely of its membership shall ~t to advance the duties and responsibilities of the EAC: (1) Growth wunu_~ement. The E~C may establish other subeom__ mlttees comprised solely of its membe~hip to facili[ate its functions. Mee~n~ of the subc~mmi~ees 8hall coI~ to the same public notice requinm~nts as that of the FAC. At the re~lur meetings of the FAC, the followin~ shall be the ardor of business: 5.13.5.4.1 5.13.5.4.2. Roll call. Approval of the minutes Of previous meeting. 5.13.5.4.3. Old business. 5.13.5.4.4. New business. 5.13.5.4.5. Pubhc comments. 5.13.5.4.6. Adjournment. Items shall come before the EAC as scheduled on the support staff prepared agenda ,,nless a specific request arises which justifies deviation by the EAC. (Ord. No. 99-6, § 3.IC 1-27-99) Sec. 5.13.6. Scope of land development project reviews. The EAC shall review all land development petitions which require the following, an environmental impact statement (EIS) per section 3.8 of the LDC; all developments of regional impact (DRI); lands wit~ special treatment (ST) or area of critical state concern/~al treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues e~nn0t be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County p]unnlng Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an ElS waiver has been administratively granted; 3) ST zoning is present and an admlnlu'crative approval has been granted; or 4) an ElS was previously completed and reviewed by staff and heard by a predecessor environmental board,' and thut ElS is less than five years old (or i/older than five years, has been updated within six mont]~ of submittal) and the master plan for the site does not show greater impacts to the previously designa~ preservation areas. Supp. No. 9 LDC5119 ~ 2 ~ 2002 §5.13.6 COIJ3~.R COUNTY LAND DEVELOPMENT CODE The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management Dizl~ fSi), are exempt from rev/ew by the EAC. (Ord. No. 99-6, § 3.K, 1-27-99) Se~ 5.13.7. Appeal. Any person aggrieved by the decision of the county admlni.~trator, or his designee regaralng any section of division 5.13 muy file a written request for appeal, not later thun ten days afar said decision, with the EAC. The EAC will not/fy the aggrieved person and t~e county administrator, or his designee of the date, time and place that such appeal sh~11 be heard: such notification will be given 21 days prior to the hearing ,mless all parties waive rhi~ requirement. The appeal will be heard by the EAC within 60 days of the submits/on of the appeal. Ten days prior to the hearing, the aggrieved person sha]J submit to the EAC and ~o the county administrator, or his designee, copies of the data and information he intends to use in his appeal. Upon conclusion of the hearing the EAC will submit to the board of county commissioners its facts, findings and recommendations. The board of county commissioners, in regular session, will make the final decision to sffirm, overrule or modify the deci~on of the county aaminL~trator, or his designee, t~idng into account of the recommendations of the FAC. (Ord. No. 99-6, § 3.K, 1-27-99) Sec. 5.13.8. R~imbursement o£ expenses. Members of the EAC shall serve without compensation, but shall be entitled r~ receive reimbursement for expenses reasonably incurred in the performance of the/r duties upon prior approval of the board of county commissioners. (Ord. No. 99-6, § 3.K, 1-27-99) Sec. 5.13.9. Review process. This EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every four years commencing with 2003 m accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. [Code ch. 2, art. VIII, div. 2]. (Ord. No. 99-6, § 3.K, 1-27-99) DMSION 5.14. HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD* Sec. 5.14.1. Creation. There is hereby created an hi~oric/archaeelogical preservation board, hereinafter referred to as Lhe "preservation board," as an advisory board to the board of com-ty commissioners for Col~.r C~,mty, Florida. · 'Code ret'e~'ence--Boards, commissions, comm';ttees and authorities, § 2-816 et s ~ Supp. No. 9 LDCS:20 MAY 2 2002 Exhibit C Staff Summary Land Use Petitions The following petitions were presented to the EAC from May 2001 through April 2002. Presented Approved Denied No Official Action* PUD's 8 5 3 PSP 1 1 Excavation SDP 1 1 CU's 1 1 ST 2 2 TOTAL 13 10 3 *A motion requires a minimum of 5 votes for approval in order for an official action to be taken. The application(s) denied included: 1. PUT)Z-2001-AR-432, Indigo Lakes PUD. 2. pLrDZ-2001-AR-1464, Rookery' Bay Tower PUD. 3. pUDZ-2001-AR-1842, East Gateway PUD. Growth Management Plan 1. The EAC reviewed and made recommendations concerning the Growth Management Plan Transmittal amendments regarding the Rural Fringe. (See Exhibit D) 2002 EXHIBIT D Recommendations of the Collier County Environmental Advisory Council Regarding the Draft Rural Fringe GMP Amendments. The Collier County Environmental Advisory Council (EAC) held an advertised public meeting on January 23, 2002 to consider the draft GMP amendments resultant from the Rural Fringe based portion of the Rural and Agricultural Assessment. The following council members were in attendance: Chairman Thomas Sansbury, Mr. Ed Carlson, Michael G. Coe, Lieutenant Colonel Retired, Erica Lynne, Ph.D.; Alfred F. Gal, Jr., William Hill, Ph.D., and Larry Stone. Approximately 40 members of the public were in attendance, and some 12 members of the public spoke. After due consideration, and public input, the EAC made the following recommendations to the Board of County Commissioners: Motion 1: Recommendation to remove the Receiving Area designating on the 5 sections of land that constitute the Big Corkscrew Island Community, leaving these lands in a "neutral" (neither Sending or Receiving) status. Motion carried 7-0 Motion 2: Recommendation to designate Lands located in the Eastern Portion of the Rural Assessment Area, directly east of Orange Tree and Everglades Boulevard, and directly north of County Road 858 (Oil Well Road) and forming a notch surrounded on three sides by Golden Gate Estates, as Receiving Lands. Motion carried 7-0 Motion 3: Recommendation to allow for a transfer of development rights into the urban area in conjunction ~vith infill development. Motion carried 7-0 Motion 4: Recommendation to maintain the current boundaries of the Belle Meade Natural Resource Protection Area. (NRPA), and do not exclude a one-mile wide strip running north and south immediately adjacent to the Urban Fringe lands [as requested by Tim Hancock, AICP, on behalf of a client]. Motion carried 7-0 Motion 5: Recommendation to remove "Asphalt and concrete batch-making plants" and "Facilities for the collection, transfer, processing and reduction of solid waste" from the list of permitted uses in Receiving Lands. Motion carried 7-0. Motion 6: Recommendation to elirmnate all density bonuses in the Rural Fringe Mixed Use District, requiring any density increase to be achieved solely through the TDR process. Motion carried 6-1, with Mr. Sansbury dissenting. Motion 7: Recommendation to prohibit the Transfer of Development Rights from privately held properties in Sending Lands, where such lands have a conservation easement or other similar development restriction or preservation status in perpetuity. Motion carried 7-0. Motion 8: Recommendation to prohibit golf courses, except unimproved, natural, and non-irrigated rough areas, from being located in green belts around Rural Villages, or in any other preservation areas. Motion carried 6-1, with Mr. Sansbury dissenting. Motion 9: Request a thorough review of the legal constraints, if any, on regulating agriculture in Sending Lands and in Receiving Lands in order to prevent negative impacts to habitat, or wetland hydrology. Motion carried 7-0. i~ ~ ~-- MAY 2 8 2002 Motion 10: Recommendation to require agricultural uses to adhere to the same preservation standards as other uses in the Rural Fringe Mixed Use District. Motion carried 7-0. Motion 11: Recommendation that staff explore with the BCC and with DCA the possibility of using the North Golden Gate Estates lands as a receiving area. Motion carried 7-0. Motion 12: Recommendation to remove all currently approved PUDs and other approved project, s from the Sending Designation, in order to prohibit Transfer of Development Rights from these lands. Motion carried 7-0. Motion 13: Revise proposed CCME Policy 6.2.7 to prohibit any loss of storage or conveyance resultant from direct impacts to wetlands shall not be permitted. Motion carried 6-1. Motion 14: Recommendation to remove the proposed Secondary Receiving designation from the lands south of Immokalee Road. Motion carried 7-0. Motion 15: Recommendation to amend CCME Policy 7.3.2 to include regular inspections (as opposed to nightly) "to ensure coastal properties comply with proper lighting conditions" and to ensure compliance with prohibitions on overnight storage of furniture and other equipment during sea turtle nesting season. Motion carried 7-0. Motion 16: Subject to the applicable foregoing recommended amendments, additions or deletions, motion to approve the Transmittal Draft GMP Amendments to the Future Lands Use Element (FLUE) and Future Lands Use Map (FLUM). Motion carried 7-0. Motion 17: Subject to the applicable foregoing recommended amendments, additions or deletions, motion to approve the Transmittal Draft GMP Amendments to the Conservation and Coastal Management Element (CCME) Motion carried 6-1, with Ms. Lynne dissenting. Motion 18: Subject to the applicable foregoing recommended amendments, additions or deletions, motion to approve the Transmittal Draft GMP Amendments to the Public Facilities Element, Potable Water and Sanitary Sewer Sub-Elements. Motion carried 7-0. Motion 19: On page 48 of the FLUE, delete 6 a) 1, 6a) 2 and 6 a) 3. Motion carried 7-0. Motion 20: All new agricultural activities (including expansions of existing agricultural activities) that negatively affect wetlands, shall be prohibited. Motion carried 7-0. Motion 21 ~ Beach raking shall be prohibited during Sea turtle season. Motion carried 6-1 with Mr. Carlson dissenting. Motion 22: At the interface of the receiving lands and NRPA's or conservation lands (in areas A and D only), there shall be a one half (1/2) mile buffer, in the lands designated receiving, that shall remain neutral. Motion carried 6-1 with Mr. Gal dissenting. .Motion 23: Support the concept of having a minimum density associated with golf courses, that is tied to the TDR program. Motion carried 6-0. MAY 2 8 2002 EXECUTIVE SUMMARY IMMOKALEE REGIONAL AIRPORT EXTENSION OF TEMPORARY USE PERMIT FOR IMMOKALEE REGIONAL RACEWAY OBJECTIVE: To extend the Temporary Use Permit for the Immokalee Regional Raceway located at Immokalee Regional Airport CONSIDERATION: Previously a Temporary Use Permit was issued, to RTH Enterprises, Inc. D/B/A Immokalee Regional Raceway to allow for the temporary use of a closed runway at the Immokalee Regional Airport for the purpose of automobile drag racing. The Temporary Use Permit expired February 28, 2002. The Authority is in the process of addressing Site Development Plan (SDP) approval process for the facility but must first obtain an Environmental Resource Permit (ERP) for the entire airport. The ERP for the entire airport is in process but has not been completed. The Authority is in the process of finalizing a conceptual MotorSports Park Master Plan that calls for the relocation of the temporary drag racing area from its current location to the MotorSports Park area. Once the MotorSports Park Conceptual Master Plan is completed and if approved by the Authority it will be presented to the Board of County Commissioners for consideration sometime in 2003. The drag racing license agreement with the Authority in its current location terminates on March 31, 2007. The Authority requests that the Temporary Use Permit run concurrent with the license agreement and therefore be extended to March 31. 2007. This should give the Authority and the Board of County Commissioners sufficient time to decide on the late of the MotorSports Park in Immokalee. GROWTH IMPACT: None FISCAL IMPACT: Immokalee Regional Raceway currently pays $40,192.00 annual to the Airport Authority. which reduces the Airport Authority's break-even need from the County by the same amount. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to authorize the extension of a Temporary Use Permit for the Immokalee Regional Raceway to operate an automobile drag-racing facility on closed Runway 4/22 through the term of the drag racing license agreement, which is March 31, 2007. PREPARED BY: _ REVIEWED BY: ~o~,~ Execut~_F) irec r Stephen L. Price, Chairman AGENDA ITEM No. /r. ~ ~i i . NAY 2 8 2002 Pg.... ! COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, c'haritable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Jim Coletta hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Water Symposium Celebration Awards Banquet Public Purpose: Grand Finale Awards Banquet in support of water conservation which 1 acted in my official capacity_ and was a presenter. Date of Function / Event: May 10, 2002 Amount to be paid by the County: $50.00 (To Commissioner Jim Coletta as reimbursement) Mileage: irman Jim Coletta, issioner District 5 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner James D. Carter, Ph.D. hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Water Symposium Celebration Award Banquet Public Purpose: Serve as master of ceremony, present certificates of award to recipients and review the accomplishments of the weeklong event. Date of Function / Event: May 10, 2002 Amount to be paid by the County: $50.00 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fi'atemal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Henning hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Water Symposium 2002 Banquet Public Purpose: To meet with constituents and support the sponsorship of Collier County. Date of Function / Event: Friday, May 10, 2002 Amount to be paid by the County: $50.00 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 28, 2002 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for April 27, 2002 through May 3, 2002. 2. Disbursements for May 4, 2002 through May 10, 2002. Districts: Flow Way Community Development District- Ordinance 02-09; District Map; Ordinance 190. B. Minutes: 1. Collier County Planning Commission - Agenda for September 19. 2001. 2. Ochopee Fire Control District Advisory Board - Meeting Minutes for October 1 st, 2001. AGEt~D~ ITEM No. 3 I - MAY 2 8 H:Data/Format EXECUTIVE SUMMARY RECOMMENDATIONS TO APPROVE A RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SPRINT TELEPHONE COMPANY OF FLORIDA. OBJECTIVE: To gain Board of County Commissioners approval of the attached Resolution between the Board of County Commissioners and Sprint Telephone Company of Florida, for continuing the existing E-911 system. CONSIDERATIONS: To provide an enhanced "911" emergency telephone system for the citizens of Collier County. 1. A Resolution to be executed by the Board of County Commissioners to allow Sprint Telephone Company of Florida to collect a fee at $ .50 per month per access line to fund the cost of maintaining the enhanced "911" system, from September 30, 2002 to September 30, 2003. 2. The Board of County Commissioners authorizes the Sprint Telephone Company of Florida to deduct an administrative fee equal to 1% of the monies collected for the enhanced "911" emergency telephone system. FISCAL IMPACT: The cost of funding this system will be paid by the subscribers. No ad valorem tax dollars will be expended. The fee for FY 01-02 was $ .32. There is an increase in the fee due to the expansion of the communications center and replacement of equipment. Any reserves will be accumulated according to Statute.. GROWTH MANAGEMENT IMPACT: The subscribers will pay for the system. RECOMMENDATIONS: That the Board of County Commissioners authorize the Chairman to execute the Resolution. See attachment for Resolution. PREPARED BY: ~l ~ ~ '~ ~ ' '~ ~ ~ '~ Sandi L. Chernoff, 911 Coordin~'t6r .... Do-b-5-n-I~, Shei'lff, 911 Director DATE: May @, 2002 AGENDA ITEM 2 8 RESOLUTION NO. 20~2- A RESOLUTION PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY '911' TELEPHONE SERVICE AND EQUIPMENT WHEREAS, Section 365.171(13), FIo~ie St.tutes, provides that a county may impose a lee for charges for '911' service and equipment to be paid by local exchange subscribers on an individual exchange basis at a rate not to exceed fifty cents ($.50) per month per access line; and WHEREAS, The Board of County Commissioners of Collier County, Florida, deems it appropriate and in furtherance of public health, safety and welfare to access a fee for the enhanced '911' telephone service availability in Collier County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF cOUNTY COMMISSIONERS OF COLUER COUNTY, FLORJDA, that: 1. Pumuant to Section 385.171(13), Florida Statutes, there is hereby imposed against local exchange subscribers a local option fee for the provision of enhance .911" emergency telephone sawice and equipment in Coltier County. This fee shall be adjusted annually to cover allowable expenses as described in Section 365.171(13(a}(6}, Florida Statutes. For the period of September 30, 2002 through September 30, 2003, the fee will be $ .50 cents per subscriber per access line per month. 2. The County requests that the telephone company (exchange telephone service provider) providing enhanced '911' service and equipment to Collier County collect from its subscribers within Collier County, the local option fee essaasad by this Resolution and remit those fees to Collier County. 3. Said telephone company, pursuant to Section 365.171(13)(c), Florida Statutes, may retain as an administrative fee an amount of one percent (1%) of the total "911" fees actually collected by said telephone company. 4. Money in reserve is being carded forward to provide for capital improvements described in Section 365.171(13)(a}(3), Florida Statutes. Additional money from fiscal year 2001 revenues to be added to the total reserves shall not exceed ten percent (10%} of such fees billed for the 2000 fiscal year. The cumulative reserves are to pay for projected expansion and replacement of E911 equipment and service features described in Section 365.171(a)(13}(6), Florida Statutes. All carry forward reserves shall be administered in accordance with Subsection 365.171(13), Florida Statutes. This Resolution adopted on the ~ day of motion, second and majority vote for adoption. . ,2002, after DATED:. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. BY: BY: Jim Coietta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney AGENDA ITEM No. //, ,~ ) MAY 2 8 2002 Pg.__ 2_ 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 from May 1, 2002 through May 17, 2002 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period May 1, 2002 through May 17, 2002. This report is available for inspection and revie',v in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANA GEMENT I3IPA CT: related to this item. There is no Growth Management Impact 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 satisf~v said purchases. ~mes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: Reviewed and Approved By: Date: Der~ J0hnssen General Accounting Manager EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES AS TO PARCEL 10lB IN THE LAWSUIT ENTITLED COLLIER COUNTY I/. JOSE L. REY, ET AL., CASE NO. 99-3683-CA (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees as to Parcel 10lB as appraisal fees recoverable by the property owners for the acquisition of Parcel No. 10lB in the lawsuit entitled Collier County v. Jose L. Rey, et al., Case No. 99o3683-CA. CONSIDERATIONS: On July 24, 2001, the parties agreed to the sum of $10,058.00 as full compensation for the property rights taken as to Parcel 10lB. This agreement was approved by the Board of County Commissioners on June 26, 2001. The property owners incurred costs in the form of expert fees for an appraiser, Calhoun and Associates, Inc. All reasonable costs incurred by the property owner in defense of the proceedings are recoverable pursuant to §73.091, Fla. Stat. from the condemning authority, and the parties have agreed to a reasonable fee for these experts as set forth in the attached Agreed Order (Exhibit "1"). The Agreed Order provides for $5,200.00 to be paid to Calhoun and Associates, Inc. as appraisal fees and costs. Staff has reviewed the appraisal fees and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. FISCAL IMPACT: Funds in the amount of $5,200.00 are available in the Transportation Supported Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent xvith Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Agreed Order Awarding Expert Fees; 2. Approve the expenditure of the funds as stated; and 3. Direct staff to deposit an additional $5,200.00 into the Registry of the Court. SUBMITTED BY: [' ', ,/I,q ~ I!teidi ,~S~ton Assistant County Attorney Date: Pg. I REVIEWED BY: Steven D. Ritter, Project Manager Transportation Engineering & Construction Management Date: REVIEWED BY: , ~.,~.~ r~. _~.~e-~.- Date: Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering & Construction Management REVIEWED BY: Norman E. Feder, Administrator TransPortation Division Date: APPROVED BY: County Attorney h: Lit',~Rey\Ex Sum-AgreedOrder-P 101B Date: 2 AGENDA ITEM MAT 2 8 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. JOSE L. REY, et al., Respondents. Case No.: 99-3683-CA Parcel No.: 10lB AGREED ORDER AWARDING EXPERT FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, and Respondents, JOSE AND JENNY REY. for entry of an Agreed Order Awarding Expert Fees and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, JOSE REY and JENNY REY, have and recover from Petitioner, COLLIER COUNTY, the sum of FIVE THOUSAND TWO HUNDRED and No/100 DOLLARS ($5,200.00) for appraisal services with respect to Parcel 10lB; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Order and subject to the approval of the Board of County Commissioners of Collier County, pay the sum of FIVE THOUSAND TWO HUNDRED AND No/100 DOLLARS ($5,200.00) to STUART & KEYES TRUST ACCOUNT, c/o William A. Keyes, Esquire, 2125 First Street, Suite 101, Post Office Drawer 790, Fort Myers, Florida 33902- 0790 for disbursement to Calhoun and Associates, Inc., Real Es';ate Appraisers & Consultants. DONE AND ORDERED this __ day of ., 2002, in Naples, Collier County, Florida. Conformed Copies: Heidi F. Ashton, Esquire CIRCUIT COURT JUDGE wi,iam ^. :eyes, .squ e il! AGENDA ITEi~ MAY 2 8 2002 JOINT MOTION The Parties, by and through their undersigned attorneys, foregoing Agreed Order Awarding Expert Fees. hereby move for entry of the Dated: Dated: William A. Keyes, Esquire Florida Bar No.: 0151638 STUART & KEYES 2125 First Street, Suite 101 P.O. Drawer 790 Fort Myers, Florida 33902-0790 (239) 334-7477 - Telephone ATTORNEY FOR RESPONDENTS Heidi F. Ashton, Esquire Florida Bar No.: 0966770 COUNTY ATTORNEY' S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone ATTORNEY FOR PETITIONER h: Lit,~EmDomain',GG Rey ~eedOrder-Fees&Costs. IOIB AGENDA ITEM MAY 2 8 2002 EXECUTIVE SUI~4ARY Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to re-issue an existing issue of multi-family housing revenue bonds to be used to finance the River Reach Apartments project. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed re-issuance of bonds previously issued by the Housing Finance Authority of Collier County which were used to finance the River Reach Apartments. CONS IDERATIONS: The Housing Finance Authority has been requested by Naples- Oxford Limited Partnership, 5he owner of the River Reach Apartments, to re-issue the outstanding bonds on the project in order to extend the maturities of the bonds and to change the financing structure. River Reach was originally built by Collier Enterprises in 1986, and consists of 558 units. It was financed by bonds issued by the Authority in 1985. The bonds are not and never have been in default, and revenues generated by the project provide excellent debt service coverage for the bonds. Located west of Airport Road and south of Golden Gate Parkway about a block north of the County Development Services complex, River Reach is a well -maintained complex in a good location to serve working individuals and families, and has had very high occupancy rates over the years. The project was sold to Naples-Oxford Limited Partnership, an affiliate of AIMCO in 1999. AIMCO is a real estate investment trust based in Denver and is the largest owner/operator of apartment properties in the United States, owning over 300,000 units in 47 states and serving over one million residents. Its real estate assets total over $7 billion. Under the terms of the re - issuance, the bonds wi 11 be purchased in a private placement by Merrill Lynch & Co. or one of its affiliates. Because this is a re-issuance, Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing, and must adopt a resolution in favor of issuing the bonds. The Authority held an advertised public hearing on May 22, 2002. At the conclusion of the hearing, the Authority AGENDA ITEM _ I I adopted a resolution approving the issuance of the Bonds, a copy of which is attached. Following this approval, the governing body of the jurisdiction must also approve the bond issue. A resolution for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County; therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project. Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will assist in providing affordable housing in Collier County. RECOMMENDATION: The Board of County resolution. Commissioners adopt the attached Donald A. Pickworth, Counsel Housing Finance Authority of Collier County Approved by: D~vi~ C. Weigel County Attorney -2- AGENDA pg. ~ RESOLUTION 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE RE-ISSUANCE OF NOT EXCEEDING $24,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX-EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS, (RIVER REACH PROJECT) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. A public hearing was held by the Issuer on May 22, 2002 (the "Public Hearing") on the application of Naples-Oxford Limited Partnership (the "Company") for the re-issuance of not exceeding $24,000,000 tax-exempt multifamily housing revenue bonds (the "Bonds"). The public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the project and to the re-issuance of the Bonds. C. The Issuer has adopted its Resolution 2002-01, a copy of which is attached hereto as Exhibit B, approving the re-issuance of the Bonds and recommending and requesting that the Board of County Commissioners approve the re-issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. 'D. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County. or any officer, agent, or employee thereof shall be liable personally on the Bonds by reason of their re-issuance. Section 2. Approval of Re-issuance of the Bonds. C ,M)Files~lo~umem',HOFA- RR Tras~ferBCC Re~oluls~l.~t The re-issuance of lbo [Icmdq iq [ AGENDA ITEM NO. ~ MAY28 2002 pg. hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 28th day of May, 2002. (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk James N. Coletta, Chairman Board of County Commissioners Of Collier County, Approved as to form and legal sufficiency: David C. Weigel County Attorney AGENDA,ITEM-. NO. MAY 2 8 2002 pg. cji- Naples Daily News Na~les, FL 34102 Affidavit_o~.Pu~lication Naples DalLy News'~, PICKWORTH. DONALD PLA. 5150 TAMIAMI TRL N #602 NAPLES FL 34103 REFERENCE: 010784 58449981 Notice of Public Hca tat of FloSSes oun~v of COLLier Be~bre the undersiqned authority,' persona£1¥ a pgar~d B. Lamb, wh~ on oath say~_that ~e.s~rves a~ ss~stant Corporate Secretary. Q~ ~n~ Napkes. copy o~ a~ver%~slng.wag DuDLisne~ ~n sa~a new a er n ~ tee £1ste . . · ~%~nt ~urt~er says. ~a~ %he.s~ld~Naples New~ is a newspaper Collier CoBnty~ Flor%da, and that.~he saSd ' ne a e~ pas n~e~oSQ~e Dgen pu~{s~eG in. sal~ COLLi~r Gay an~ nas. peen ent~e~ as s~cb~G class ma~L . ~a ~er a~ tn~ po~ o~ce~n NapLes, .~n sa~a co~er countY, ~lo~%~a. [or.a Der~o~ of ~ year nex~ pr~ce~in~ ~ne~r~rs~ DUDLiC~tlQn ~tta~neG copy or.a~yer~s~me~t$ an~ ~r~an5 [urtner.sayB t~a5 sne~$as ne~t~er pa~o nor uomiseG an erson, E%rm.or cor o at o an · ~lscount,~r~b~te, co~%sslQn o~ ~e~un~ ~or ~he puupose o5 secuu~nq ~s aGverEisementror buD!~ction ~n the Ba~ newspaper., PUBLISHED ON: 05/08 AD SPACE: 12~.0Q0 INCH FILED ON: 05 08/02 Signature of Affiant Sworn to and Subscribed .~,re ~this · day of Personally known- by 'me '~~P~ Donnm Ohesney ~ ~'~ My Com~ OD058336 ~~ea S~b~ 11, 2005 34104 AT THIS RECORD 6:-qecl'lon 147[f) i No. 20334~0 EXHIBIT A TO BCC RESOLUTION AGENDA ITEM, NO. ~ MAY 2 8 2002 Pg. -.~ 2002-01 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE RE-ISSUANCE CERTAIN OUTSTANDING BONDS OF THE AUTHORITY DESCRIBED AS "$24,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTIFAMILY HOUSING REVENUE BONDS (RIVER REACH PROJECT) SERIES 1985" (THE ~BONDS"). THE BONDS WERE USED IN ACQUIRING, CONSTRUCTIN. G AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERi~TE INCOME; PROVIDING AN EFFECTIVE DATE. WHEREAS, Naples-Oxford Limited Partnership (the "Company") has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to re-issue certain outstanding Bonds of the Authority described as "$24,000,000 Housing Finance Authority of Collier County Multifamily Housing Revenue Bonds (River Reach Project) Series 1985" (the "Bonds")in a principal amount not to exceed $24,000,000, said Bonds having been used in financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income located in Collier County (the "Project", known as River Reach Apartments) pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to re-issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $24,000,000 pursuant to and in accordance with the terms of the existing Loan Agreement and Trust Indenture, as supplemented, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Authority held a public hearing on the proposed re-issuance of the Bonds for the purposes herein stated on the date hereof, which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the re-issuance of such Bonds and the location and nature of the Project; and, WHEREAS, it is intended that this Resolution shall constitute official action toward the re-issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. C \~,tyFil~\docum~nt\HOFA- RR Tran.~fcr\lnducemcnlRe~oluilonS-2'2-02.wpd EXHIBIT B TO BCe RESOLUTION AGENDA, JTF, M NO. JO MAY 2 8 2002 pg. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Re-issuance of the Bonds. The re- issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to re-issue the Bonds, if so requested by the Company, in one or more 'issues or series in an aggregate principal amount not to exceed $24,000,000. 3. Recommendation for Approval to Board of County Coa=,issioners. The Authority hereby recommends the re-issuance of the Bonds for approval to the Board of County Commissioners of Collier County (the "Board"). The Authority hereby directs the Chairman and Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the re-issuance cf the Bonds by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147 (f) of the Internal Revenue Code of 1986, as amended. 4. General Authorization. The Chairman, the Secretary and issuer's Counsel are hereby further authorized to Eake such steps and actions as may be required and necessary in order to cause the Authority to re-issue the Bonds. 5. Affirmative Action. This resolution is an affirmative action of the Authority toward the re-issuance of the Bonds, in accordance with the purposes of the laws of the StaEe of Flcrida and the applicable United States Treasury Regulations. 6. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 7. Appointnnent of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the re-issuance of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 8. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general C ~t, Filcs\Jocumcn[~HOFA- ER Trans£cr'.lnduccmcntRcsol~6on.~-22-02 wpd -2- AGENDA I~[EI~ NO. MAY 2 8 2002 Pg. credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to the Loan Agreement between the Authority and the Company. 9. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or estgpping the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this 22nd day of May, 2002. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: /s/ Chairman ATTEST: /s/ Secretary C '~.1:, Fik-s,doc=mcn~llOFA- RR Trans[¢r',lnduccm=ntRcsoluuon. -22-02 v. pd -3- AGENDA ITEM NO. ~ MAY 2 8 2002 Pg. 9 Naples Daily News Naples, FL 34102 Affidavit_o~.Pu~licati°n Naples Dally NewS'~ 5150 TAMIAMI T NAPLES--FL 34103 REFERENCE: 010784 58449981 Notice of Public Hea t ate of_Florida oun oX Co111 r . t orit ,' erso all Be~r ~he un er~ n~ ~,~ sav~ t~at s~e.s~rves B La~, w~ ~ ~ .... ~ Na les a peare~ .. ate Secrete ~ th ..P 1-e~' ~ sslstant C _r... w r Dr~'I' h~'~ at ~a , ai~' _ ~wsj-a'~'ar~y $ ~ t a ~e a~ac~e~ D uou t , F~orl~a: . ~ la ~n C~i ~e _ ~ ublls~e~ in sa cody ~ a~ver%~ng~e~ - - '~ ne~ ~ ~ ~~Ss~ys, D~iD %he.'s~id. Nap~es 'Da%~Y ~%~ .... r ~,,Dllsn~O at Naples, %n sale ~n sa~ c~IY~er coun v, o ~ u~S e~ ' eob d class ma 1 . ~a an~ has. been ent~e~ a~ s_ ~e- in sal~ at the os o~ ice in Na ~, ma ~r P ~o ~a fo ~ erlod f year hex5 r ceding nu =~ co o~ advertls~men~$ ana a~fian5 ttac~e~ Y er al~ nor ~urther s9 ~ that she~has ~1~r o at%oD any~_. 9romlsed ~~so~Am~mion or ~e~un~ ~or un= ~scount,=r~kS~-V~i~Sadvertisementsor ~~i~ ~=~'~a~ newspaper.' PUBLISHED ON: 05/08 AD SPACE: 12Q.0Q0 INCH FILED ON: 05/08/02 ................. Signature of Affiant ~ wo= Personally known-by me ~ Denm~ Chesney ~ * ~'~* My ~emmlssl~ DD~5~$ ~103 Section 147(f) n~ed. · '. ;. ;'- ,'~"' No. 203341[ EXHIBIT A TO AUTHORITY RESOLUTION AGENDA ITEM_. MAY 2 8 2002 Pi[. EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 361 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. TONY GUARINO, III, ET AL., (Golden Gate Boulevard Project, Project No. 63041). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation and as all costs recoverable by the property owner for the acquisition of the easement designated as Parcel 361 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Tony Guarino, III, et al., Case No. 00-1970-CA. CONSIDERATIONS: On September 14, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project, including the acquisition of Parcel 361. On September 29, 2000, Collier County deposited with the Registry of the Court the sum of $13,400.00 for Parcel 361 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, William Schweikhardt, Individually and as Trustee, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-292). The terms of the settlement agreement are set out in the Stipulated Final Judgment which is attached hereto as Exhibit "1". The Stipulated Final Judgrnent provides for $17,400.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 361. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $4,000.00 with the Registry of the Court. In addition, the Stipulated Final Judgment provides that pursuant to Section 2.1.13 of the Collier County Land Development Code, the setback lines will not change in connection with the taking of Parcel 361. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. s FISCAL IMPACT; Funds in the amount of $4,000.00 are available in the Transportation upported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; AGENDA ITEM L- MAY 2 8 2002 approve the expenditure of the funds as stated in the Stipulated Final Judgment; and direct staff to deposit the sum of $4,000.00 into the Registry of the Court upon entry of the Stipulated Final Judgment. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: Steve Ritter, Project Manager Transportation Engineering & Construction Management Date: 5""- ~-~2- REVIEWED BY: REVIEWED BY: ,, . ' ~ '7~ Date: Dale A. Bathon. P.E., Principal Project Manager Transportation Engineering & Construction Management ? Tr~portati~n DiviJ~jrnat°r Date: APPROVED BY: ~)avid C. Weigel ~ County Attorney A C-.-.-.-.-.-.-.-.-~ N D A ITEM MAY 2 8 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. TONY GUARINO, ITI, et al., Respondents. CASE NO. 00-1970-CA PARCEL: 361 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made bv Petitioner. by and ttu-ough its undersigned counsel, and Respondent, WILLLAM SCHWEIKHARDT. h-~dividuallv and as Trustee. for entrx.' of a Stipulated Final Jud~m'nent as to Parcel No. 361, and it appearing to ti~e Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent. WILLL&\I SCHWEIKHARDT. Individually and as Trustee, and the Court being otherwise full,.' advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, WILLIAM SCHX~IKI-L~d~DT, Individually and as Trustee, have and recover from Petitioner, COLLIER COUNTY, FLORIDA. the sum of Seventeen Thousand Four Hundred and No/100 Dollars ($17,400.00) for Parcel No. 361 (which amount includes the $13,400.00 previously deposited by Petitioner pursuant to the Order of Taking) as full payment for the property interests taken and for damages resulting to the I A~DA ITEM NO. l~ i..- ''~ MAY 2 8 2Q02 remainder, if less than the entire property was taken, business damages, and for all other damages in connection' with the acquisition of Parcel 361; it is further ORDERED that pursuant to Section 2.1.13 of the Collier County Land Development Code, the setback lines will not change in connection with the taking of Parcel 361; it is further ORDERED that Petitioner shall deposit an additional Four Thousand and No/100 Dollars ($4,000.00), subject to approval of the Board of County Commissioners, within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that no attomevs fees or other costs shall be paid for the acquisition of Parcel 361 ORDERED that the Clerk of this Court shall disburse the total amount of Seventeen Thousand Four Hundred and No/100 Dollars (S17,400.00) to William Schweikhardt, Individually and as Trustee c/o Law Offices of William Schweikhardt, 900 Sixth Avenue South, Suite 203, Naples. FL 34102. less any amounts previously paid for the benefit of Respondent, ~,~.TLLIAM SCHWE1KHARDT. Individually and as Trustee: it is further ORDERED that title to Parcel No. 361, sidewalk, utiliw and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 14, 2000, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2684, Page 1008 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 361; and it is further ORDERED that this Stipulated Final Jud~m'nent is to be recorded in the Official Records of Collier Count:?.', Florida; it is therefore AOENDA ITEM ,.~ NO. MAY 2 8 2002 day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _, 2002. conformed copies to: Heidi F. Ashton, Assistant County Attorney William Schweikhardt Hugh D. Hayes Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL J-L'DGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Jud?nent as to Parcel 36 I. Dated: Dated: ~VILLIAM SCH'sVE IKItARDT, Individually and as Trustee c/o Law Offices of William Schweikhardt 900 Sixth Avenue South, Suite 203 Naples, FL 34102 Respondent HEIDI F. ASHTON. ESQ. Florida Bar No. 0966770 Assistant County, Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner AGENDA ITEM -~ Nc). MAY 2 8 2002 PROJECT NO. PROJECT PARCEL NO. 361 L]ItlIBI1 'W' lit~, _LEGAL DESGRIPTION & SKETCH ' (NOTA SURVEY) The Nodh 10 feet of the Soutt3 60 feet of Tract 143, LESS the West 30 feet thereof, together with the Nodh 10 feet of the South 60 feet of Tract 144, LESS the East 50 feet thereof, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. JO FT _ NORTtt ?ROP~RTY LiNE 600FEET WEST Pr~oPERTY EAST Gcc ,d P.L.,~. #2406 ?ubli6 Works Enginccdng DepL 330] Tamiami Trail Easl Nnplc$, FL 34112 AGENDA ITE~ · NO, .J~ HAY 2 8 2O02 pg, 10 FOOT SLOPE, UTILITY AND ~ MAINTENANCE EASEMENT , , '[".': ' ": '."-': :'.L". '.'~.': : ..................................................... ' ...................... EXISTING ~0' RN~ EASEMEN T) T (OOLI~EN OATE 9LVD,) EXECUTIVE SUMMARY PETITION SNR-2002 AR-2138 ROBERT B. LEMEUR, REPRESENTING BRIAN SELIGMAN, REQUESTING A STREET NAME CHANGE FROM PUT-IN-BAY COURT TO TROPICAL BAY COURT, LOCATED IN WATERWAYS OF NAPLES UNIT 7, IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST. OBJECTIVE: To have the Board of County Commissioners render a decision on a request to change a street name from Put-in-Bay Court to Tropical Bay Court. CONSIDERATIONS: The Petitioner is requesting that the street name be changed from Put-in-Bay Court to Tropical Bay Court. The petitioner is responding to a request from buyers under contract to purchase properties on this street, who argue that the current name causes difficulty in conveying addressing information verbally and is unnecessarily prone to misspelling. The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. The petitioner is the sole owner of the properties on this street. FISCAL IMPACT: Fiscal impact to the County Administrator's agency will be incurred in the form of staff time spent revising plats and addressing records. Some fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services may be incurred in the form of costs to update records and maps. GROVVTH MANAGEMENT IMPACT: The renaming of the street wi!l have no impact on the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical/archaeological issues associated with this petition. MAY 2 2002 L PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 2002 AR-2138, changing the name of Put-in-Bay Court to Tropical Bay Court. EAC RECOMMENDATION: The EAC does not review street name change petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review street name change petitions. R~'SS GOCHEN~k~JR, PLANNER CURRENt/PLANNING / REVIEWED BY: St::CSAN MURRAY, AICP, CURRENT PLANNING MANAGER AND INTERIM PLANNING SERVICES DIRECTOR TE "~ jOS ~~K. SCH~I'I-f, ADMINISTRATOR ~(~MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR 2002-AR-2138 AGENDA MAY 2 8 2002 ,,,~) I WATERWAYS OF NAPLES UNIT SIX 4 5 MAY 2 8 2002 ~B PG S N R-2002-AR-2138 PROJECT #2002020038 DATE: 2/21/02 ROSS GOCHENAUR APPLICATION FOR STREET NAME CHANGE DATE: AGENT'S FIRM: AGENT'S ADDRESS: PETITIONER'S N~E:~ COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED V*rITH THIS PETITION. ( Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State__Zip Name of Homeowner Association: Mailing Address City State__Zip Name of Master Association: Mailing Address City State__Zip Name of Civic Association: Mailing Address city State__Zip COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104~ TELEPHONE (941) 403-2300, FAX (941) 643-6968 Application for Street Name Change - 09/2000 MAY 2 B 2002 PROPOSED CHANGE~: CURRENT NAME OF STREET: PROPOSED STREET NAME: STREET IN QUESTION IS: [] public, or ~pnvate Reason for proposed change: Approximate length of street: Total Number of property owners abutting street to be renamed: Number of parcels or lots abutting street: // Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: Applicant ~does, or [~] does not, (approx. $100.00 per sign ) LOCATION: Application for Street Name Change - 09~2000 / agree to pay cost of street sign replacement for public street, MAY 2 8 2002 List legal description(s) o f properties abutting the street to be renamed. (Attach additional pages if necessary) Unit No. 7 Tract No. B. Subdivision: Unit No. Tract No. B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Tow-nship: Range: D. Subdivision: Unit No. Tract No. D. Section: ~ Township: Range: F. Subdivision: Unit No. Tract No. F. Section: __ Township: Range: Application for Street Name Change - 09/2000 MAY 2 8 2002 Page 5 of 6 Petition MAY 2 B 2002 ~._ q ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. every project. Items in bold .type are required. Not all items will apply to 1. Legal description of subject property, or properties (copy of lengthy description may be. attached) 2. Folio (ProperD' ID) number(s) of above (attach to, or associate with, legal description ~more than one) 3. Street address or addresses (as applicable, ~already ~signe~ [ ~ C~,~c~ ~GC, ~ [ U~X ~ C~ C. c.-~ 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UN'PLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) ,-, ~, '~--~"..--: .'- , ,-..---~ 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Con~plete a separate Addressing Checklist for each Petition Type) [~] SDP (Site Development Plan) [-'-]PPL (Plans & Plat Review) [--] SDPA (SDP Amendment) [--] PSP (Preliminary Subdivision Plat) ~-] SDPI (SDP Insubstantial Change) [~ FP (Final Plat) [-"] SIP (Site Improvement Plan) [-"J LLA (Lot Line Adjustment) [--] SIPA (SIP Amendment) [~ BL (Blasting Permit) .[~' SNR (Street Name Change) [] ROW (Right-of-Way Permit) [] Vegetation/Exotic (Veg. Removal Permits) ['-] EXP (Excavation Permit) [--] Land Use Petition (Variance, Conditional Use, [] VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, etc.) [] Other- Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One:,m~--'l ~hec.,kj~st islo be Faxed Back [~ Personally Picked Up 12. Applicant Name './~~ ~ r~'~ Phone ?q1-~7'?$[, q Fax 13. Signature on Addressing Checklist does not constitute Project andJor Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY primary Number..'~ -~ci~ t4 i.~ Address Number Address Number Address Number Revised 3-21-01 MAY 2 8 2002 EXECUTIVE SUMMARY PETITION RZ-01-AR-1353, MR. TERRANCE KEPPLE OF KEPPLE ENGINEERING, INC, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "C-5" HEAVY COMMERCIAL DISTRICT ALLOWING COMMERCIAL AND RETAIL USES FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951), AND APPROXIMATELY ONE-QUARTER MILE NORTH OF RATTLESNAKE-HAMMOCK ROAD (C.R.864), IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.71 ACRES MORE OR LESS. OBJECTIVE: This petition seeks to rezone the above referenced site from "A" Rural Agricultural to the "C-5" Zoning District allowing for a 12,000 square foot retail building and a 60,000 square foot self storage facility. CONSIDERATIONS: The subject 4.71-acre site is currently vacant and zoned "A" Rural Agricultural. The site also abuts an existing commercial site to the south that is also zoned C-5. The petitioner indicates that the site was previously used as a landscape nursery business for over 20 years and that due to changing market conditions; the landscape nursery business is no longer viable. As a result, the petitioner is now proposing to rezone the subject site to the "C-5" Zoning District, which allows heavy commercial uses and a range of the more intensive retail uses and services. The proposed commercial project is intended to allow for a 12,000 square foot retail building and 60,000 square feet of self-storage buildings. The access to the proposed commercial site is fi.om Collier Boulevard via a shared access easement for the C-5 zoned property to the south while the projected build-out for the proposed commercial facility is estimated to be in the year 2006. Lastly, the site is located within Activity Center #7, which is the location that is intended to provide a mix of commercial and residential uses. Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The proposed rezone allowing 12,000 square feet of retail floor area and a 60,000 square foot self-storage facility could result in approximately 662 ADT and 21.24 trips during the AM Peak Hour. As a result, the proposed rezone will not significantly impact any County road when completed. Therefore, this petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Lastly, Policy 9.3 encourages the interconnection of local streets between developments when feasible. Since the project abuts vacant commercial land to the south and undeveloped Agricultural zoned land to the north, an interconnection to the north and south has been provided near the project entrance. MAY 2 8 2002 1 PS. In regards to compatibility with adjacent land uses, the proposed C-5 district requires a front yard setback of 25 feet, a side yard setback of one-half the building height with a minimum of 15 feet, and a rear yard setback of one-half the building height. The maximum building height is limited to 35 feet. These development standards are the same as the standards that apply to the commercial property to the south. In addition, there is a mixed-use PUD located in the southwest comer of Collier Boulevard and Rattlesnake-Hammock Road. This PUD provides for a 30-acre commercial tract that permits comparable commercial uses and development standards. Within this PUD the required front yard setback is 25 feet, the side yard is 15 feet and the rear yard setback is 15 feet while the maximum height is 50 feet. It should be noted that the project is required to provide a 0.5-acre water detention facility that functions in conjunction with the storm water management syst6m in the area. Furthermore, because the subject site is adjacent to an existing C-5 parcel, the proposed project will share an access point off of Collier Boulevard. Lastly, the final site design will be evaluated at the time of site development plan application for consistency with the architectural design requirements of the Land Develot~ment Code. Given the fact that the petitioner has committed to construct 12,000 square feet of retail' uses and 60,000 square feet of self-storage facilities, the proposed petition should not adversely impact the existing land uses in the area. Therefore, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "C-5" District are consistent with other mixed-use properties in the area. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the 12,000 square foot retail facility and the 60,000 square foot self storage facility: Fire Impact Fee: · Road Impact Fee: Correctional Facilities · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: $0.30 per square feet under roof $3,358.00 per 1,000 square feet + $567.00 per 1000 s.f. of storage $1.0920 per square foot $0.005 per square foot of building $197 per 1,000 square feet $0.005 per square foot of building approval does not provide this level of specificity as to the actual type of use, the quoted above is at best a raw estimate. Additionally, there is no guarantee that the pro will have maximized their authorized level of development. The total amount of impact fees collected at build-out will total approximately $189,444. It should be noted that because impact fees may vary if a portion is developed with retail uses and because this ~t~l irnnact £e~e~ '3 Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their propartionate share of impact to the County system. Finally additional revenue is generated by application of ad Valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply' countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The site is located within the Urban - Mixed Use District, Urban Residential Fringe Sub-district area as identified on the Future Land Use Element (FLUE) and map of the Growth Management (GMP). The site is also within Activity Center #7, which is the location that is intended to provide a mix of commercial and residential uses. Relevant to this petition, this Sub-district permits a full array of commercial uses allowed in the C-I through C-5 Zoning Districts. This includes the proposed retail uses and the self-storage facility. It should be noted that FLUE Policy 5.4 provides all rezoning must be consistent with the Growth Management Plan. As an aside, if this petition were approved, the parcel to the north would appear to qualify for a commercial rezoned based upon the Office and Infill Commercial Sub-district. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition RZ-01-AR-1353 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: It should be noted that due to the small size of the site and the fact that no wetland or wildlife issues are involved with the project, no Environmental Impact Statement (EIS) is required. The Current Planning Environmental Staff has approved this petition as submitted. Therefore, no Environmental Advisory Council (EAC) meeting was required for this petition. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on April 18, 2001. By a vote of 8 to 0, the CCPC forwarded Petition RZ-01-AR-1353 to the Board of County Commissioners with a recommendation of approval subject to staff stipulations. The Planning Commission found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. It should be noted that no persons spoke in opposition. As a result, this petition was placed on the summary agenda. ~A IT~,q PREPARED BY: RAY I~EI~LOWS, CHIEF pTANNER CURRENT PLANNING SECTION REVIEWED BY: S'USAN MURRAY, AICP, INTERIM DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: / JOSEPH K. SC~MiTT ADMINISTRATOR COMMUNITY DEV. ANq:) ENVIRONMENTAL SVCS. DATE RZ-01-AR-1353/EX SUMMARY 'RVB rb AGENDA ITEM 8-B MEMORANDU.':M TO: COLLIER COU; Th PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: APRIL 1. 2002 RE: PETITION NO: RZ-2001 -AR- 1353. AMERISITE REZONE AGENT/APPLICANT: Agent: Mr. Terrance Ksppie Kepple Engineering. Inc. 3806 Exchange Aven,.~e Naples. Florida 3410z Owner: Peter Sulick Amerisite LLC 3295 Ft. Charles Drive Naples. FL 34102 GEOGILAPHIC LOCATION: 'The subject properts' is located on the east side of Collier Boulevard (CR-951 ) and approximately '~ mile north of Rattlesnake-Hammock Road (CR-864) in Section 14, Township 50 South. Range 26 East. (See location map following page). REQUESTED ACTION: The applicant is requesting the ('oilier CounU~ Planning Commission to make a recommendation regarding an application to rezone the subject site from "A" Rural Agriculture to the "C-5" Zoning District to allow for conmqercial retail uses. PURPOSE/DESCRIPTION OF PROJECT: The subject 4.71-acre site is currently zoned "A" Agriculture and abuts an existing commercial site that is also zoned C-5. The site is currently vacant and was previously used as a landscape nursery, business for over 20 y'ears. The petitioner has indicated that due to chang/ng market conditions, the landscape nurser,,' business is no longer viable. As a result, the petitioner is now proposing to rezone the subject site to the "C-5" Zoning District, which allows heavy commercial uses and a range of the more intensive retail uses and services. The proposed commercial prOJect is intended to allow for a 12.000 square foot retail building and 60,000 square feet of self-storage buildings. The projected build-out for the proposed commercial facility is estimated to be in the year 2006. In addition, the access to the proposed commercial site is from Collier Boulevard via a shared access easement for the C-5 zoned property to the south. ~I?~,I1T~ JQ'x MAY 2 8 2002 I p~. ~ pAII~ Ja!llO0 ,N'IAY 2 8 SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is currently vacant and is zoned "A" Agricultural. Surrounding: North: East: South: West: Undeveloped. Zoned "A" Rural Agriculture Undeveloped, Zoned "A" Rural Agriculture Undeveloped, Zoned "C-5" Heavy Commercial Developed residential, Zoned "PUD" GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction revie~v entities specifically for reviexv for consistency with current Gro~vth Management Plan and land development regulations. Future Land Use .Element: The subject 4.76-acre site is located within the Urban - Mixed Use District, Urban Residential Fringe Sub-district area as identified on the Future Land Use Element (FLUE) and map of the Growth Management (GMP). The site is also within Activity Center #7. which is the location that is intended to provide a mix of commercial and residential uses. Relevant to this petition, this Sub-district permits a full array of commercial uses allowed in the C-1 through C-5 Zoning Districts. It should be noted that FLUE Policy 5.4 provides all rezoning must be consistent with the Growth Management Plan. As an aside, if this petition were approved, the parcel to the north would appear to qualify for a commercial rezoned based upon the Office and Infill Commercial Sub-district. Transportation Element: Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The proposed rezone to the "C-5" Zoning District could result in approximately 662 ADT and 21.24 trips dunng the AM Peak Hour. As a result, the proposed rezone will not significantly impact any County road when completed. Therefore, this petition is consistent with Policies 1.3, 1.4, 5.1 "'q ~ '~ ~c .... Transportation Element. ~o.~ MAY 2 6 2002 2 comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review is listed under each ef th,~ criteria as noted below. Each of the criteria is summarized culminating in a determination of compliance, non-compliance, or compliance w~th mitigation. These evaluations are completed as a separate document that is attached to the Staff Report (Exhibit "A"). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of 'the proposed zoning action to the Future Land Use Element of the GMP. Since the property, is designated Urban Mixed-Use. Urban Residential Fringe Sub-district and is within activity Center #7 on the Future Land Use Map, this district permits the commercial uses as proposed. Staff is of the opinion that the proposed commercial uses are compatible with the existing commercial zoned propert¢,' to the south. Relationship to Existing Land Uses - In regards to compatibiliu', it should be noted that the subject site fronts an arterial road and also abuts an ex~stmg "C-5" zoned commercial properly, to the south. The C-5 district requires a front .x ard setback of 25 feet. a side yard setback of one-half the building height with a minimum of 15 feet, and a rear yard setback of one-half the building height. The maximum building height is limited to 35 feet. In addition, there is a mixed-use PUD located in the southwest comer of Collier Boulevard and Rattlesnake-Hammock Road. This PUD provides for a 30-acre commercial tract that permits comparable commercial uses and development standards. Within this PUD the required front yard setback is 25 feet, the side yard _~s 15 feet and the rear yard setback is 15 feet while the maximum height is 50 feet. It should be 'noted that the project is required to provide a 0.5-acre water detention facility that functions in conjunction with the storm water management system in the area. Furthermore. because the subject site is adjacent to an existing C-5 parcel, the proposed prOJect will share an access point oft' of Collier Boulevard. Lastly. the final site design will be evaluated at the time of site development plan application for consistency xvith the architectural design requirements of the Land Development Code. Given the fact that the petitioner has committed to construct 12.000 square feet of retail uses and 60.000 square feet of self-storage facilities, the proposed petition should not adversely impact the existing land uses in the area. Therefore. staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "C-5" District are consistent with other mixed-use properties in the area. Utiliw Infrastmctu~ - Water supplies are available to this site. All development must comply with surface water management requirements invoked at the time of SDP and/or PSP review. Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not have a significant impact on Collier Boulevard or on Rattlesnake-Hammock Road by virtue of the fact that vehicular site generated trips will not lower the level of service below adopted standards. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Comnlission (CCPC) forward 01-AR-1353 to the Board of County Commissioners (BCC) with a recommendati, subject to staff recommendations that are incorporated into the Ordinance of adopl Petition RZ- n for ~IE~ on. . lq MAY 2 8 2002 Pg.., t PREPARED BY: lb~ Y(p E ~, L-6W S .":-(H I E F PLANNER C~NT PLANNING SECTION DATE REVIEWED BY: PLANNING SERVICES DEPARTMENT DATE APPROVED BY: JOSEt~H K. SCHMFFT ADMINISTRATOR ! COMMU:~ITY DE',,". AND EN¥IRON~'iENTAL SVCS. DATE Staff Report lbr April 18. 2002 CCPC meeting. COLLIER COL~'TY PLAN~TING COMMISSION: KENNETH L. AB-ERNATHY, CHAhR~IAN RZ-01 -AR-1353"STAFF REPORT RVB rb MAY 2 8 2002 REZONE FINDINGS PETITION RZ-01-AR-1353 Section 2.7.2.3 o£ the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Usc map and the elements of the Growth Management Plan (GMP). Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) of the GM? should be considered a positive relationship. The proposed "C-5" Zoning District is in compliance with the GMP as noted in the Staff Report. 2. The existing iaod use pattern: There do exist C-5 zoned properties to the south and a commercial PUD within this Activity Center. (See Staff' Report) The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed rezone is the same as the approved C-5 zoned property to the south. Therefore, the parcel (if zoned to C-5) will not result in an isolated district unrelated to adjacent and nearby districts because it is adjacent to the same commercial zoning. Whether exis~ting district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Adjacent lands to the south are zoned C-5 while lands to the north are zoned Agricultural. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed zoning change is appropriate based on the existing conditions of the property, and serves as an extension of the existing commercial zoning to the south Therefore, the relationship of the proposed zone change to the GMP is a positive one. (See Growth Management ?lan Consistency in Staff Report) ~,C_.,EN~ ~Tr~ EXHIBIT "A" no~ [ i-'] ~ o e e Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed commercial uses will not change the development patterns in the area and is the same as the existing C-5 zoned property to the south. Therefore, the proposed change will not adversely influence living conditions in the adjacent properties because the required development standards as contained in the Land Development Code have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The petition to rezone the property as requested is consistent with all applicable policies in the Transportation Element. (See Staff Report) Ihe property fronts directly on a public access easement thereby providing an immediate access to the arterial road network over which traffic from commercial development would be defused. Conversely, urban intensification results in ~eater volumes of traffic on the local and arterial road system. Lastly, the evaluation of this project took into account the requirement for consistency with Policies 5.1 & 5.2 of the Transportation Element. As a result, this petition will not excessively increase traffic congestion on any County road. In the final analysis all rezone actions are subject to the ConcuFrency Management System. Whether the proposed change ~vill create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. It should be noted that every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed rezone will not impact the circulation of light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. The C-5 development standards and other development standards and the architectural regulations apply generally and equally to all commercial zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration az does not adversely affect adjacent areas. ~1 ciro~lll~air 2 8 2002 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land, a condition that exists on the southeast side. This is a subjective determination based upon anticipated results that may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however the C-5 zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the LDC is that their sound applicatio~a when combined with the administrative preliminary subdivision plat and Jot site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrastin.'2 with the public welfare; The petition is consistent with the FLUE of the GMP. Therefore, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with these plans are in the public interest. 13. Whether there are substantial reasons why the property, cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential as made possible by its consistency with the FLUE to the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the CounW: The proposed change to the C-5 zoning district complies with the GM? and is also the same as the C-5 zoned properties to the south. Lastly, a policy statement, which has evaluated the scale, density and intensity of land uses, is deemed to be acceptable for this site. 3 AGENDA tTEM~ UAY 2 8 2002 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use? There are ntany other sites that are zoned to accommodate the residential use. However, this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, and adequacy of infrastructure. Based on staff's analysis, the subject site has adequate infrastructure to support development. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Physical alteration is a product of developing vacant land that cannot be avoided. However. requiring xxater lnanaTement facilities and landscaping have limited those impacts. 17. The impact of development oq the availability, of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier Count3.' Adequate Public Facilities Ordinance, as amended. Staff reviews lbr adcquacy or' public services and levels of service determined that required infrastructure meets with GNiP established relationships. AR-1353 'RV B'rb MAY 2 g 2002 pg. APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE / Petition No.: Commission District: Date Petition Received: Planner Assigned: ~ RZ-2001-AR-1353 PROJECT #2001050047 - DATE: 8/21,/01 RAY BELLOWS ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Applicant's Mailing Address 3 2 9 5 City Naples Amerisite LLC Ft. Charles Dr. Applicant's Telephone # 2 61 - 0 2 4 7 Name of Agent Terrance Agent's Mailing Address State FL Fax# Zip '~,~ ] 2~-8035 Kepple _Firrn_goppno Engineerinq,Inc 3806 Exchange Ave City Naples Agent's Telephone # 403- 1 780 Agent's E-Mail Address: State FL Zip 34104 Fax# 403.-1787 KEIENGINSAOL.COM COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/200~__ MAY 2 B 2002 PAGE 1 OF 16 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets i f necessary) ."lame of Homeowner Association: Mailing Address NA City State ~ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association' Mailing Address City State ~ Zip Disclosure of Interest Information: ao If the property ir 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 ~PPLICATION FOR PUBLIC HEARING FOR STANDARD RF..ZONE - 02/2000 ~=~D^ ~ ~ MAY2 U 2002 - .,. iF= PAGE 2 OF 16 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries ~f the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, lisl the name of the general and/or limited partners. Amer ± s ±'ce LLC Percentage of Ownership Name and Address Peter Sulick Jr. Peter Sulick III lO°/~ Patricia Sulick 3295 Ft Charles pr. N~ples, F1 34102 If there is a CONTRACT FOR PURCHASE, with an individual or individuals, z. Corporation, Trustee, or a Partnership, list the names of thc contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract:_ APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02J2000, ~,~.Y 2 g 2002 PAGE 3 OF 16 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, parmership, or trust. Name and Address Date subject property, acquired [] leased [--] ~ ~. Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: arid date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. I'£ questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 14 Township: 50 s Range: 26 E Lot: block: Subdivision: Plat Book Page #:~ Property I.D.#: 00416800001 Metes & Bounds Description: N 1/2, N 1/2, N 1/2, SW 1/4, SW 1/4 Sec.14, Twp 50 S, Rng 26 E 4. Size of oroperty: 1 6 7 ft. X 1 2 3 7 ft. = Total Sq. Ft. 2 0 7 ~ 3 2 4 Acres4.7 6 . :5. Address/l~enerallocationofsubiectprooert~.' Collier B1vd (east side) 1/4 mile north of Rattlesnake Hammock rd. (formerly Better Blossom Nursery) ,%PPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 MAY 2 8 2002 Adjacent zoning and land use,; Zgning Land use N A Vacant S C-5 Vacant E A Vacant W PUD/RW ~ Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: 14 Township: 50 s Range: 26, E Lot: Plat Book Block: Page #:~ Subdivision: 00417720009 Property I.D.#: 00418200007 Metes & Bounds Description: s 1 / 2, N 1/2, N and S 1/2,S 1/2,NW 1/4,SW 1/4 1/2,SW 1/4~5:;w 1/4 Rezone Request:. This application is requesting a rezone from the Agricultural zoning district (s) to the C-5 zoning district(s). Present Use of the Property: Reta i 1 Nurser.y__ Commercial ' Proposed Use (or range of uses) of the property: Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted '"~'": prnvlde a narrative statement describing the rezone request with specific refere noted below. Include any backup materials and documentation in suppo !_%ppLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 P~ MAY 2 .~ 2002 - pg. i ~ Standard Rezone Considerations (LDC Section 2. 7.2.5.) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. WT~ether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 1 O, Whether the proposed change will seriously affect property values in the adjacent area. - ! i. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 15. Whether it is impossible to find other adequate sites in the coun use in districts already permitting such use. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. ~y for ~~a APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 MAY 2 8 2002 10. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County ,~dequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subj~ To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NO 11. Additional Submittal requirements: In addition to this completed application, the Following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a o b o A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a one reduced 36" 24" x conceptual site plan (16 copies if for affordable housing) [and 81/2'' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing u the site), · proposed and/or existing landscaping and buffering as may be County, MAY 2 8 2002 An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land De-,elopment Code (LDC), or a request for waiver if appropriate. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Deparlment of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, anti a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. MAY 2 8 2002 - FOR STANDARD REZONE - 02/2000 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, ~lthough based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TlS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: 3. Existing Traffic: Within Radius of Development Influence (RDI) Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the exlernal right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to rmtigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GIMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TlS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic Future Traffic Through Traffic Planned/Proposed Roadway Improvement Proposed Schedule (Phasing) of Development 2002 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 0~J200~ e 10. 11. Back~round Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposer' project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting fi-om potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Throueh Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 02/2000 AGENDA ITEM v'-2_ HAY 2 8 2002 _ ~-...,se complete the following ~ submit to the Addressing Section for Review. Not all items will appl'v' to ~n bold e are re uired. may be attached) 1. Legal description of_subject~pr_op, erty ~_r prop~erties (copy of lengthy description 2. Folio (PrOperty ID)n_umb.er~s) of above (attach to, or associate with, legal description if more than .one) Street address or addresses (as.applicable, if already assigned) 3. _____~ 4. Location map, showing exact location ofprojectJsite in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATrED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP ~ - _ Petitioa ~fype - (complete a separate Addressing Checklist for each Petition Type) [~] SDP (Site Development Plan) SDPA (SDP Amendment) ?~SDPI (SDP Insubstantial Change) l-'] SIP (Site Improvement Plan) [~] SIPA (SIP Amendment) [~] SNR (Street Name Change) [~ Vegetation/Exotic (Veg. Removal Permits) ~ Land Use Petition (Variance, Conditional Use, - Boat Dock Ext.,~ PUD rezone, etc.) ['-]PPL (Plans & Plat Review) [~ PSP (Preliminary Subdivision Plat) [-']FP (Final Plat) ['-]LLA (Lot Line Adjustment) ['-]BL (Blasting Permit) [~ ROW (Right-of-Way Permit) EXP (Excavation Permit) ~ VRSFP (Veg. Removal & Site Fill Permit) '[-] Other-Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) PI . "beck One: [~ Che~.~klist is to be Faxed Back '~ersonally Picked Up 12. Apphc - -- ~ '-- ~'--~' ~oes ~o~onstitute Project ~or Stree~ N~e approval ~d is subject 13. Si~a~ on A~esslng ~n~n~, ~ ~ review by ~e Addressing Section. ' ,~NLY imary Ntmaber ':.z~;[C.% I '~ress Number ,~adress Nttmber Address Number Approved by tO STATEMENT OF UTILITY PROVISIONS FOR ST,4ND/IRD REZONE REQUEST 2. CITY NAME OF APPLICANT: Amerisite LLC 3295 Ft. Charles Dr. MAILING ADDRESS: Naples STATE Fi ZIP 34102 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): BIvO 8580 Collier LEGAL DESCRIPTION: Section: 14 Township: 50 S Lot: Block: Subdivision: Range: 26 E Plat Book Page #: Metes & Bounds Description: N Proper~y I.D.#: 00416800001 1/2, N 1/2,N 1/2, SW 1/4,SW 1/4 (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT ['-] capacity) e. SEPTIC SYSTEM ~--] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM OVELL) [] /-, ] 7. TOTAL POPULATION TO BE SERVED: cc~/;'~/e', ~'~'f/~/ APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 0;,12000 PAGE 2 2002 13 OF 16 10. 11. 12. PEAK AND AVERAGE DAILY DEMANDS: ' A. WATER-PEAK 19gpm AVERAGE DAILY B. SEWER-PEAK ]. 9gpm AVERAGE DALLY 11,000 gpd 11,000 gpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Dec. 2002 . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If thc project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within th[ project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10117/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 01/2000 PAGE 14 OF 16 STANDARD REZONE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRE] 1. Completed Application 15' ~,- 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* ,,/-- 4. Pre-application notes/minutes 15' 5. Conceptual Site Plans 15' 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* t,//' 8. Completed Utility Provisions Statement (with required 4 ,//- attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State ,~nd/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 A/,~ 13. Application Fee, Data Conversion Fee, Check shall be - made payable to Collier County Board of ~f'~,~ Commissioners 14. Other Requirements- * Documents required for Long-Range Planning Review *1 add py As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Xgent/Applicant S~n~it~re Date APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 AGENDA AFFIDAVIT We/I, ~Pf/ f~'/~/F/f being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementa~ matter attached to and made a part of this application, are honest and t~e to the best of our ~owledge and beligf ~e/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or Coun~ printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner ~ell further authorize_ ~~/~ ~' .~~ to act this Pet~ion. , as our/my representative in any matters regarding .~~ ~ Signature of Proper~ ~ner ~ignature ~f Proper~ ~ne C Typed or Printed Name of ~ner Typed or Printed Name of Owner instrument wy~s ~acknowledged before me this ~ r'J day of ~f t/ /.y , The foregoing ['c' fr'/' Yi/A?7 ~__o is 'personally ~-6wn tO.~_~r has produced 200 / _, by as identification. State of Florida County of Collier APPLICATION FOR pUBLIC HEARING FOR STANDARD REZONE - 02/2000 (Signature of Notary Publi~-- s~te oj F_I.lorida) , z. ! (Print, Type, or Stamp Commisst MAY 2 8 2002 ORDI-NANCE NO. 02 - AN ORDINANCE .*MENT)ING ORDINANCE NLSIBER 91-102. THE COLLIER COUNTY LANT) DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSI~'E ZONING REGULATIONS FOR THE U,~INCORPORATED AREA OF COLLIER COU~'NTY, FLORDA. BY AMENDING THE OFFICIAL ZONING ATLAS MAP NLLMBERED 0614N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN' DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951} ANT) APPROXIMATELY 14 MiZE NORTH OF RATTLESN,,MKE-HAMMOCK ROAD, (C.R. 864) IN' SECTION 14, TOX\.'NSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COL.-NTY. FLORDA. FROM 'A' AGRICILTURE TO "C-5': PROVIDING FOR ST.&FF AND PLANLNING COMMISSION STIPULATIONS; ANT) BY PROVDING AN EFFECT1TE DATE. WHEREAS. Te:-rance Kepple. of Kepple Engineering Inc. representing Amensite, LLC. peut:one,2 the Board o! County Commissione-s to change the zoning class~ficanon of the here:n described real properu. NOW. THEREFORE. BE IT ORDAINED BY the Board of Count5 Commissioners o~ Coli,.er Co'ant',. Florida. ~hat: 5ECTIOX,' ,-)NE Tk.e zoning classification of the real propert:, as more particular!.,.' described by E×b. ib:t 'A", attacked Hereto and incorporated bk' reterence herein, and located in Section i-;'. To~xnshiD f5 Souti,.. Range ;~ Eas:. Coilier Count.,.'. Ftorida. is changed i-rom "A' A~icuiturai to 'C-5' and the ©fficiai Zoning Atlas _Map numbered 06~4N. as described in Ordinance 91-I0£. the Coilier County Land De~eiopment C_ode. is hereby amended accordingly. The herein described reai propert7 :s the same 1or which the rezone is hereby approved subject to the iollov,'ing conditions: (E.XLl-I IB IT "B") SECTI©N TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED ANT) DULY ADOPTED bF' the Board of County Commissioners of Collier Count,,,'. Florida. this __ day of ,2002. BOARD OF COL~TY COMMISSIONERS COLLIER COL%'TY. FLORDA BT: J.-UMES N. COLETTA. CHAIP~\iAN MAY 2 8 2002 ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficienc5 Marjori~ M. Student Assistant County Attomev RZ-20'21-AR-~353 AC.i~NDA ITFJ~ NIAY 2 § 2002 CONDITIONS OF APPROVAL ~Z-01-AR-1353) a) b) c) d) e) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. An exotic vegetation removal, monitoring and maintenance (exotic flee) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final site development plan approval. At the time of site development plan review, the petitioner shall provide sidewalks on both sides of the main entrance road serving the project as approved by the Collier County Transportation Department. The access road location shall be reviewed and approved by the Transportation Services Department at the time of site development plan review. The uses allowed on the site are for a 12,000 square foot retail facility and a 60,000 square foot self-storage facility. The site shall comply with all applicable codes and ordinances, as may be amended or superceded. EXHIBIT "B" MAY 2 8 2002 Sheet I of 2 AVPLAT2002-AR1969 EXECUTIVE SUMMARY,,. PETITION AVPLAT2002-AR1969 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE DRAINAGE AND MAINTENANCE ACCESS EASEMENT LOCATED ON ALL OF TRACT V, ACCORDING TO THE PLAT OF "SWEETWATER BAY II - UNIT 1", AS RECORDED IN PLAT BOOK 26, PAGES 96 THROUGH 98, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTIONS 9 AND 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate the Drainage and Maintenance Access Easement on all of Tract V, according to the plat of"Sweetwater Bay II - Unit 1 ." CONSIDERATIONS: Petition AVPLAT2002-AR1969 has been received by the Engineering Services Department from Gary Butler, P.E., from Butler Engineering, Inc. as agent for the petitioner, Sterling Oaks - Naples Limited Parmership, requesting the vacation of the Drainage and Maintenance Access Easement on all of Tract V. The platted Drainage and Maintenance Access Easement was meant to be platted as a Temporary Easememt to be extinguished a portion at a time as each condominium building was constructed. There are some existing condominium buildings on Tract V and the Petitioner wants to vacate the easement tv clear up any title concerns. The Petitioner will provide three seperate relocation Drainage Easements that will encompass the existing drainage facilities which provides drainage for all of Tract V. Letters of no objection have been received from Collier County Stormwater Management, North Naples Fire Control & Rescue District and Sterling Oaks Community Association and Club, Inc. Zoning is P.U.D. 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. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None MAY 2 8 2002 Sheet 2 of 2 AVPLAT2002-AR1969 PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2002-AR1969 for the vacation of the Drainage and Maintenance Access Easement over all of Tract V, "Sweetwater Bay II - Unit 1"; 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. Approve and accept the relocation Drainage Easements; and 4. Direct the Clerk to the Board to record the relocation Drainage Easement documents in the Official Records; and 5. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: 5'E'_,~-_~_ ~:/:~-~- Rick Grigg, P.S.M. Engineering Services DATE: REVIEWED BY: ~2xT'rY'k;~S Thomas ~. Kuck, P.E. Engineering Services Director DATE: APPROVED BY}'"'"' i. Joseph K. Schrnitt, Administrator !.~nrnunity Development & Environmental Services DATE: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 31 32 33 34 35 RESOLUTION NO. 2002- RESOLUTION FOR PETITION AVPLAT2002-ARI969 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE DRAINAGE AND MAINTENANCE ACCESS EASEMENT LOCATED ON ALL OF TRACT V, ACCORDING TO THE PLAT OF "SWEETWATER BAY II - UNIT 1", AS RECORDED IN PLAT BOOK 26, PAGES 96 THROUGH 98, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTIONS 9 AND 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST.' WHEREAS, pursuant to Section 177.101, Florida Statutes, Gary Butler, P.E., from Butler Engineering, Inc. as agent for the petitioner, Sterling Oaks - Naples Limited Partnership, does hereby request the vacation of the Drainage and Maintenance Access Easement on all of Tract V, according to the plat of"Sweetwater Bay II - Unit 1" as recorded in Plat Book 26, Pages 96 through 98, Public Records of Collier County, Florida; and V,q-IEREAS, the Board has this day held a public hearing to consider vacating the Drainage and Maintenance Access Easement on all of Tract V, according to the plat of "Sweetwater Bay ~ - Unit 1', as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the ~anting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the County's and the Public's interest in the Drainage a,xd Maintenance Access Easement in the following more particularly described land be and is hereby vacated: Tract V, according to the plat of"Sweetwater Bay II - Unit 1" as recorded in Plat Book 26, Pages 96 through 98, Public Records of Collier County, Florida. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Relocation Drainage Easements more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the relocation Drainage Easements for the Drainage and Maintenance Access Easement vacat~ herein. MAY 2 8 2002 1 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 2 certified copy of this Resolution in the Official Records of Collier County, Florida, and to make 3 proper notation of this vacation on the recorded plat as referenced above. 4 This Resolution is adopted this day of , 2002, 5 after motion, second and majority vote favoring same. 6 7 8 9 10 11 12 13 14 I5 16 17 18 2O 21 22 23 24 25 26 DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coietta, Chairman Patrick G. White, Esq., Assistant County Attorney MAY 2 B 2002 DRAINAGE EASEMENT EXHIBIT "B" SHEET I OF 15 AVPLAT2002-AR 1969 THIS EASEMENT, granted this ~,q-'¥'~ da), of 'JZ'~,t,,~.,.,,O...'.~ , 2002 by STERLING OAKS - NAPLES LIMITED PARTNERSHIP, a Florida limited partnership, (the "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, its successors and assigns, with no responsibility for maintenance thereof, and to the STERLING OAKS COMMUNITY ASSOCIATION AND CLUB, INC., a Florida corporation not for profit, its successors and assigns, with full responsibility for maintenance thereof (together, as the "Grantee']). WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for drainage, together with a license and privilege to enter upon and to install and maintain any necessary drainage tkqcilities, on the lbllowing described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" xvhicia is incorporated herein by rci'crcncc. TC) [IAVI:. x\ND TO IIOI.I) thc sumc ut'~tc> thc (;rantec and its assigns, together with tl~c right to enter upon said land, cxcaxatc, and tt~kc materials For t[~c pttrposc ot'constructi~qg, ,~pcruting, und maintainin,g i/lqx drz~i~t~gc tktcilitics thereon IN WI'I'NI{SS x,\'{ lf{l{l:,()I:, tiqc £1ral~tOr has cairned tl~cso presents to I>c execrated thc ditto zmd year lirst above written. STEIILIN(; ()..\KS-N,41'I_,ES LIMITED I'AI~,'I'NI:,RSIIi I', n Fioridn limited pnrtnership lly: FL MSII/SEI'IlGI',L.C.,n Floridnlimited __B, aJ.~lj~.:4,,.'4~ltlp;~,rl2~..,r..~5 its General Pnrtner y: llearth~dvisors, Inc., tion Its: MAY 2 8 2002 STATE OF FLORIDA COUNTY OF COLLIER EXHIBIT "B" § § s~'r ~ or ~5 ^v~'noo~-^~9~9 . V ,-~" of Hearth~'6nc~ Advisors, Inc., as Manager of FL MSII/SEPII GP, L.C., as general partner of Sterling Oak -~=,,,-N~les Lirnited Partnership, a Florida limited pam~ership, on behalf of said partnership, who~nis personally known to m~. pr0~ ~ Nlv Commission Expires: Ih'cp:lrcd Gr',mL l"rktkin. Pc:u'so~, Alhan & Ct'o~n, P.A. 5551 Ridgcx~ood l)rivc, Suite 501 Naplc~,lrlorida 3410g .,I~jEI~ A ITEM NAY 2 ~ 2002 BBLS SURVEYORS & MAPPERS, INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 941-597-1315 FAX: (941) 597-5207 EXHIBIT "B" SHEET 3 OF 15 AVPLAT2002-AR1969 LEGAL DESCRIPTION DRAINAGE EASEMENT (SWEETWATER BAY II-UNIT 1) A PORTION OF TRACT LS-1 AND TRACT V, SWEETWATER BAY II - UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT TIlE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY LINE OF SAID TRACT LS-1; THENCE N.89°43'35''E. ALONG SAiD NORTHERLY LINE, A DISTANCE OF 83.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.89°43'35"E., ALONG SAID NORTHERLY LINE, A DISTANCE OF 15.01 FEET; THENCE S.01°44'34"W., A DISTANCE OF 25.01 FEET TO THE NORTHERLY LINE OF SAID TRACT V; THENCE S.01°44'34''W., A DISTANCE OF 76.72 FEET; THENCE S.46°35'31 "E., A DISTANCE OF 28.08 FEET; THENCE S.00°43'52"E., A DISTANCE OF 96.22 FEET TO THE NORTHERLY LINE OF TRACT P-l, STERLING OAKS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY: THENCE S.88°30'21 "W., ALONG SAiD NORTHERLY LINE, A DISTANCE OF 15.00 FEET; THENCE N.00°43'52"W., A DISTANCE OF 90.08 FEET; THENCE N.46°35'3 I"W., A DISTANCE OF 28.47 FEET', THENCE N.01°44'34"E., A DISTANCE OF 82.92 FEET TO THE SOUTHERLY LINE OF SAID TRACT LS-I; THENCE N.01 °44'34''E., A DISTANCE OF 25.01 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 3.394 SQUARE FEET, MORE OR LESS. SHEET I OF 3 ~:.~ ~'-r [::1 7.002 EXHI13 IT "B" SHEET 4 OF 15 AVPLAT2002-AR1969 BEARINGS SHOWN HEREON REFER TO SWEETWATER BAY II-UNIT 1. ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 26 AT PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. ~ 12/11/01 STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) W'~LEG ALAI D DESCRIPTIONS~01611 STERLING DE 12 I0 0 D DE I .LWP PROOFED BY ~ PROOFED BY (SEE ATTACHED SKETCH-0168DE1) SHEET 2 OF 3 4 9 P.O.C. iENOR]HwES]CORNER or 1HE NO~THW[Sl ETLON 10, TO. SHIP 48 S0UTH,p.O.B.RANGE~ 10 N01'44'34 'E ~'¢'1 25.01' { PROPOSED BUILDING # ~0000 TRACT MAIN1[ NANC[ LINE TABLE IINE flEA~.hV~ L EN6 L 4 N[~¢,~'#3 t' 6 546 '35','/l'E ~ 7 ,':t?n*3O'£t %/ ]5 'l "SPANISH WELLS. UNIT THREE" (PB 50, DGS. 83-88) EXHIBIT "B" SHEET 5 OF 15 AVPLAT2002-AR1969 10' DR~dNAGE EASEMENT STERLING OA~S P B 23. PGS 5 - 20 TRACT LS.1 2501' L"Ts ....... Sl[ RLING OAKS (UNDER £XI$1tNG BUILDING J 7000 F~[L.D LOCATED SI('~U DRAINL.~j ,~ TRACT "P.l" STERLING OAKS PLAT BOOK 23, PAC~S S-20 PRESERVE / MARSH AREA __F--1 NORTHERLY LINE OF TRACT LS-1 NOTES: ! ) BEARINGS c-~"tOWN HEREON REFER TO SW[ETWATER BAY II, UNIT 1 ACCC~DING TO THE PLAT THEREOF RECORDED IN Pr. A1 BOOK 26 AT PAGES 96 THROLICJ-t cJ8 (~ THE PUBLIC RECC~DS OF COLLIER COUNTY, FLORIDA 2 ) THIS PROI~RTY IS SUBJECT TO EASEMENTS. RE~RVATIONS C)~ RESTRICTIONS OF' RECORD _~) OIk4CN~aONS SHOY~q HER[ON ARE IN FEET AND DECIMALS THEREOF o < b ~. >' ~ m TRACT V [~RAINAC,[ ~ MAINIFNANCE AEE[-qS FAS£UEN1 LEGEND POD PC'~N! C~ BEC4Nt41NO PGS F' AGE 5 ~,.~x. FIELD LOCATED STORM D~AIN N SCALE: ~' = 40' O' 20' 40' THIS IS NOT A SURVEY SKETCH TO A CCOMPA N Y LEGAL DESCRIPTION (DRAINA GE EASEMENT) A PORTION OF TRACT '~!" & TRACT "LS-1" SWEETWA TER BAY II.UNIT ! PLAT BOOK 2~, PAGES 96 THROUGH ~, COLLIER COUNTY, FLORIDA MAY 2 8 2002 EXHIBIT "B" DRAINAGE EASEMENT SHEET 6 OF 15 AVPLAT2002-AR1969 THIS EASEMENT, granted this (.?/~ day of ~2'~tMLto,~',-( , 2002 by S'i'ERLING OAKS - NAPLES LIMITED PARTNERSHIP, a Florida limited partnership, (the "Grantor"), to tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, its successors and assigns. with no responsibility for maintenance thereof, and to the STERLING OAKS COMMUNITY ASSOCIATION AND CLUB, INC., a Florida corporation not for profit, its successors and assigns, with full responsibility for maintenance thereof (together, as the "Grantee"). WITNESSETH: 1'hat the Grantor for and in consideration of the sum of Tert Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for drainage, together with a license and privilege to enter upon and to install and maintair~ any necessary drainage Facilities, on the follov,,'ir~g described lands being located itl Collier Cottnty. Florida, to wit: Sec attached Exhibit "A" which is incorporated herein by reference. TO I I,,\Vt.] .-\NI) 'l'O l IOl,I) thc same unto thc (}rantcc and its assiens, together with thc right to enter upon said land. excavate, and take materials lt~r thc purpose ol'constructing. opcrmit~, ai~d maimainin~ lilly dm'ait~aoc= I~tcilitics thereon. tN \\'I'I'NI{SS \L'I ll{l~t{()l:, the (}rantor has ciltlSCd these presents to bc executed thc d:ttc ~.tlld x,'cilr I'irst above ,.vrittcn. S'I'ISRLIN(; ()AKS-NAI'I,I:~S l~ISllTI';I) PAI~.TNEI~,SlllI', a Flori{I,'~ limited pnrtncrship I3v: FLMSII/SI'~PiI(;I',L.C.,a Fioridnlimited r~lial)~iit)' co-fi~n-~~ ,-/~.,. ns its (;encrnl Partner ~ ~ By: l-~u'thstonc Advisors. Inc., /--~ ~ ~,:a C~ corporation , , ~ ~, / , _ , - STATE OF FLORIDA COUNTY OF COLLIER § § EXHIBIT "13" SHEET 7 OF 15 AVPLAT2002-AR1969 assr..I HEREBY/~ERTIFY that the foregoing instrument was acknowle..c}ged before me ti'ds day of.,~_o;,_,qo...4 ~-"-- ,2002, by l'~fl~O~ ~ ~~ : O~ of He~stone Advisors, Inc., as Manager of Z~ M~II(SEPII GU, L.~., as general partner of Sterling ~ks - ~aples Limited Partnershtp, a Florida hnmed pmlnersh~p, on behalf of said partnership, who ~is personally known to n~~~uced ~  Pdn~l ~mc ot Nola~ Public My Commission Expires: Prepared Thomas G. Nc)l'sv, ol'thy, lisq. Gral~t, [:ridkin, 5551 Ridgev,'ood Dl'ive. Suite 501 Naples, }:lodda 34 MAY 2 8 2002 BBLS sURVEYORS & MAPPERS, INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 941-597-1315 FAX: (941) 597-5207 LEGAL DESCRIPTION DRAINAGE EASEMENT (SWEETWATER BAY II-UNIT 1) EXHIBIT "B" SHEET 8 ~)F 15 AV'PLAT2002-AR 1969 A PORTION OF TRACT V, TRACT A AND TRACT LS-2, SWEETWATER BAY II '- UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEASTERLY CORNER OF SAID TRACT V, THENCE S.00°16'19"E., ALONG THE EASTERLY LINE OF SAID TRACT V, A DISTANCE OF 144.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.00°16'19"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 16.41 FEET; THENCE S.65°46'15"W., A DISTANCE OF 14.80 FEET TO THE NORTHERLY LINE OF SAID TRACT LS-2; THENCE S.65°46'15"W., A DISTANCE OF 66.35 FEET TO THE EASTERLY LINE OF SAID TRACT A; TItENCE S.65°46'I 5"W., A DISTANCE OF 6.00 FEET TO THE SOUTHERLY LINE OF SAID TRACT A; THENCE S.65°46'15"W., A DISTANCE OF 14.47; THENCE N.53°43'21"W., A DISTANCE OF 60.91 FEET; THENCE S.67°25'44'W., A DISTANCE OF 119.81 FEET TO THE EASTERLY LINE OF TRACT L OF SAID SWEETWATER BAY II - UNIT I; THENCE N.36°55'26".W., ALONG SAID EASTERLY LINE, A DISTANCE OF 15.48 FEET; THENCE N.67°25'44"E., A DISTANCE OF 132.11 FEET; THENCE S.53°43'21"E., A DISTANCE OF 55.03 FEET TO THE WESTERLY LINE OF SAID TRACT LS-2; THENCE S.53°43'2 I"E., A DISTANCE OF 2.73 FEET TO THE WESTERLY LINE OF SAID TRACT A; THENCE S.53°43'21 "E., A DISTANCE OF 2.86 FEET; THENCE N.65°46'15"E., A DISTANCE OF 22.99 FEET TO THE EASTERLY LINE OF SAID TRACT A; THENCE N.65°46'15"E., A DISTANCE OF 21.33 FEET TO THE NORTHERLY LINE OF SAID TRACT LS-2; THENCE N.65°46'15"E., A DISTANCE OF 26.18 FEET; THENCE N.89°43'41"E., A DISTANCE OF 6.71 FEET; THENCE N.00°16'I9"W., A DISTANCE OF 2.98 FEET; THENCE N.65°46'15"E., A DISTANCE OF 21.69 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 4,300 SQUARE FEET, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO SWEETWATER BAY II-UNIT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK SHEET 1 OF 3 ~,~,~l'r "r4" 6 Ai~AY 2 8 2002 EXHIBIT "B" SHEET 9OF 15 AVPLAT2002-AR1969 PAGES 96 THROUGH 9g OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 12/11/01 STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296) · BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) W~LEGALAID DESCRIPTIONS\0168 STERLING DE 12 10 0BDE2.LWP PROOFED BY ~_ PROOFED BY (SEE ATTACHED SKETCH-0168DE2) SHEET 2 OF 3 MAY 2 8 2002 LINC L30 S00'I6'Ig'E Lbt 565'46'15'w L32 N55'43'21'W L33 N 56'55'26'W L35 N65'46'I S'E L4g N89'4b'4 I'E LSO N00'I6'Ig'w LSI 553'45'21'E L52 L53 N65'46'ls'r L54 565'46'l 5'W L55 S65'46'15'W L56 L57 N65'46'lS"E 'SPANISH WELLS - uNrr THREE' (P.B. 50. PCS 83--88) EXHI]5IT "B" SHEET 10 OF 15 AVPLAT2002-AR1969 P.O.C. NORTH[AS3IRLY CORNER 0~ T~AC! S~[TWAIER BAY a - UMI I P.B. 26. PA~S ~ THRW~ 98 C~L(R C~Y FL~IDA. N(~THmrRLY LINE 0¢ THE NORTHV,~[SI 10' ORAINAG(~ EASEUEN1 1/4 OF S~CT,O~ lO. TOV,~SHIP 48 SOUTH. ~..~ S,ERLING OAKS RANGE 25 EAST PmB. 25. PCS. 5- 20 -- TRACT LS-I ....... F ...... LANOSCAP[ AREA ~ SiCRUNG OAKS ; I0" LAJ~)SCA~E EAS£MENT - TRACT 'V' P.B. I P.8. 23 PCS. 5 - 20--1 (~AJNA~ & MAINT£NANCE ACCESS EA.~k4ENT) ___~2 r---'~ ~--q r---~ r--~ r---; L3 P~OPOS6 O BUILDING ~ r-q r -q I 9 ~---~ , I ~ __P.O.B. ~_~_j c~ L_~_ / I i 35/ -- ~ 0~AINAG[ [A~UCNT ~ ~ ~ ~ /2 U)ILITY [A~MCN1 LINE TABLE < N NOTES: RC~RINCR SHOWN HEREON REFER TO SW~ElWAT£R RAY II. UNit ACCORDING 10 THC PtA[ THEREOF RECORDED IN PLAT ROOK ZO PA~S g6 THR~ 98 ~ THE PUBLIC R[C~0S ~ COLLIER C~NIY, FL~fOA. 2.) IHIS PR~ERTY I~ SUB,CT l0 EASEMENTS. RESERVATI~ ~ RESTRICTI~S OF RECOR0 ) OlM[NSIONS SHO~ HER[ON ARC IN FEET AND 0[ClMALS ~H[R[~ SCALE: 1' = 60' O' 30' 60' A PORTION OF TRACT "V", TRACT "A", & TRACT "LS-2" SWEETWA TEFI BAY II-UNIT I PLA T BOOK 26, PA GE$ 96 THROUGH 98, COLLIER COUNTY, FLORIDA THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION (DRAINAQE EASEMENT) DETAIL SCALE' 1'- 30' AC, e~DA rrp~ I~AY 2 8 2002 CONDOMINIUM AREA ,e 4,' ~ x ~ TRACT"V" 14 80' N. 60 91' ~ (DRAINAGE & MAJNI[NANCE ACCESS EASEmENt) 5).OJ' X / % ' 98' ~ ~ ~ ' o.~ / ~ ~ 00' ~' ~' r.~cr'v" '.. ~ ~'~"'r~bcr 26 18' (DRAINAGE & MNNTEN~CE ACCESS EASEMENT) '~ / _~ / 'LS-2" TRACT"A' -/ ~ % ~*~ACC ~NO UTILITY [ASEM[N~ 20' DE TRACT L~:~I STERLING OAKS PR. 23, PCS 5-20 OCD(CATCD TO COLLIER COUNTY FOR *THE PURPOSE' OF DRNNAG[ AND ACCESS' EXHIBIT "B" I)RAINAGE EASEMENT SHEET 11 OF lS AVPLAT2002-AR1969 Tills EASEMENT, granted this ~ day of ]Z'Lk~.o.~-'q 2002 by STERLING OAKS - NAPLES LIMITED PARTNERSHIP, a Florida limited parmership, (the "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, its successors and assigns, with no responsibility for maintenance thereof, and to the STERLING OAKS COMMUNITY ASSOCIATION AND CLUB, INC., a Florida corporation not for profit, its successors and assigns, with full responsibility tbr maintenance thereof(together, as tile "Orantee~'). WITNESSETH: That tile Grantor for and in consideration or' the sum of Ten Dollars /$10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee. its successors and assigns, a perpetual, non-exclusive easement tbr drainage, together with a license and privilege to enter upon and to install and maintain any necessary drainage thcilities, on tine lbllowing described lands bein2 located in Collier County, Florida. to xxit: Sec attached E×hibit "..x." which is STEI{I,IN(; ().\KS-N,,\I~i~ES I,INIITEI) I'.,\I4TNILI/.SlllP, a I:l~rida limited I~artnership By: Itl, 51SII/'SEPIi (';P, L.C., a Florida limited _ . . i'tllel' , ~i;tbilit~'4'om p~it s (;eneral "N~ By: Ilcartln Ivisnrs. Inc.. MAY 2 8 2002 S't2,:',,7'['~ OF I:t.,()RI D,-\ COUNTY OF COi,LIER EXHIBIT "B" SHEET 12 OF 15 AVPLAT2002-AR1969 I HEREBY CI~RTIFY that the £ore~oing instrument was acknowlg.,dtzed before me this as ~P, V,~ of l-learthCn~ Advisors, Inc., as Manager of FL MSII/SEPII GP, L.C., as genernl pnrtner of Sterling Oak~les Limited Partnership, a Florida limited parmershil>, on behalf of said partnership, who is personally known to mee~~ pradttccd ' ~ as identification. /f~ ~-~-/ "-x / ' Commission Expires: ["rep:Ired (it,m~. l'rMkin. I>c:u'sol~, .,\th;m ,~c ('rov, n, I~.A. 5551 I<idg.,,',.,.~xxl 1)ri,.c, .Suite 501 2 8 2002 BBLS SURVEYORS & MAPPERS, INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 941-597-1315 FAX: (941) 597-5207 LEGAL DESCRIPTION DRAINAGE EASEMENT (SWEETWATER BAY II-UNIT 1) EXHIBIT "B" SHEET 13 OF 15 AVPLAT2002-AR1969 N.88°07'39"E., A DISTANCE OF 31.25 FEET; THENCE N.30°46'49"E., A DISTANCE OF 10.09 FEET; THENCE S.57°27'32'E., A DISTANCE OF 20. TO THE NORTHERLY LINE OF SAID TRACT LS-2; THENCE S.57°27'32' DISTANCE OF 15.00 FEET TO THE NORTHERLY LINE OF TRACT R, SHEET1OF3 ~' ~'t- ~a COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT V, THE SAME BEING A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 20.00 FEET,A CENTRAL ANGLE OF 56°44'48'', A CHORD BEARING OF S.76°44'57"E. AND A CHORD LENGTH OF 19.01 FEET; THENCE ALONG THE WESTERLY LINE OF SAID TRACT V AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 19.81 FEET TO THE END OF SAID CUR.VE; THENCE N.74°52'39"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 126.54 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 17°26'35% A CHORD BEARING OF N.66°09'21"E. AND A CHORD LENGTH OF 15.16 FEET; THENCE ALONG SAID WESTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 15.22 FEET TO THE END OF SAID CURVE; THENCE N.57°26'04"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 45.70 FEET; THENCE N.46°32'55"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 22.51 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 20.00 FEET,A CENTRAL ANGLE OF 34°56'15'', A CHORD BEARING OF N.29°04'47"E. AND A CHORD LENGTH OF 12.01 FEET; THENCE ALONG SAID WESTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRiBED; THE SAME BEING A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 05°39'09% A CHORD BEARING OF N.08°47'05"E., AND A CHORD LENGTH 1.97 FEET; THENCE ALONG THE ARC OF SAID CURVE AND SAID WESTERLY LINE, AN ARC LENGTH OF 1.97 FEET TO THE END OF SAID CURVE; THENCE N.05°57'30"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 16.82 FEET; THENCE S.46°41'37'E., A DISTANCE OF 112.68 FEET; THENCE A PORTION OF TRACT V AND TRACT LS-2, SWEETWATER BAY II - UNIT 1, · ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 96 THROUGH 98 OF THE PLrBLIC RECORDS OF COLLIER COUNTY, FLORiDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT "B" SHEET 14 OF 15 AVPLAT2002-AR 1969 STERLING OAKS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE S.32°56'39"W., ALONG SAID NORTHERLY LINE, A DISTANCE OF 15.00 FEET; THENCE N.57°27'32"W., A DISTANCE OF 15.00 FEET TO THE NORTHERLY LINE OF SAID TRACT LS-2; THENCE N.57°27'32"W., A DISTANCE OF 5.30 FEET; THENCE S.30°46'49"W., A DISTANCE OF 2.83 FEET; THENCE S.88°07'39"W., A DISTANCE OF 45.69 FEET; THENCE N.46°41'37"W., A DISTANCE OF 107.60 FEET TO THE POINT OlV BEGINNING. PARCEL CONTAINS 2,746 SQUARE FEET, MORE OR LESS. 'BEARINGS SHOWN HEREON REFER TO SWEETWATER BAY II-UNIT 1, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 26 AT PAGES 96 THROUGH 98 OF TH~ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. ~ 12/11/01 STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) W~LEGALAID DESCRIIWIONSXOI68 STERLING DE 12 10 01~,DEI .LWP PROOFED BY ~ PROOFED BY (SEE ATTACHED SKETCH-0168DE3) SHEET 2 OF 3 MAY 2 8 2002 TRACT L ANDSCAP~ DRAIN ACE AND UTILITY It A.~MEN ! TRA CT PRESERV~ AREA STERLING OAKS P.B. 23. PGS 5 - 20 L~ -- EXHIBIT "B" SHEET 15 OF 15 AVPLAT2002-AR1969 o TRACT "V' DRAJNAC.~ A. MAINTENANCE, ACC~,[SS EA~UENT ~ . / / ~ , ~ / / / ~ ~ N_ STERLING OAKS ~v/ ~/ / /~ ~ ~ ~~NP8 23. PGS ~ - 20 ~ · O~ X r ~ ~' ~ ~ ~ P B 23 PCS 5- 20 TRACT"L' ~ / / /~ (' / / ~ P.O.B.: 'o~ x / b~ ~ S TRACT B Curve ~Olu~ 4~C ~L FA T~N~NF C~D ~E~IN6 L 36 N74 5~ 39'E 1~6 54' ' NORrHV~STERLY CORNER OF TRACT 'V", SW[EIWATER BAY . - UNIT 1 P g 26. PCS. g6 THROUGH gB COLLIER COtJNTY. FLORIDA 15' D£ / THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION (DRAINAGE EASEMENT) 1) BEARINGS ~0~'~ HEREON REFER TO SW~ETWA1ER BAY II. UNIT I ACCORC~NG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT / PAGES 96 IHROUCH g8 OF lHE PUDLIC RECTOS ~ C~LIER ,~ C~N TY, FLORIOA 2.) THIS PROPERTY IS ~B~CT TO EASEMENTS. R[S[RVAII~S OR ~ RES~ICTI~S ~ RECTO ~ DIMEN~S SHO~ HEREON ARE ~N FEEl ~D DECIMALS IH[REOF ~ ) AG~A I~ A PORTION OF TRACT "V" & TRACT "LS-2" S WEETWA TER BAY tI-UNff ! PLAT BOOK 26, PAGES 96 THROUGH 98, COLLIER COUNTY, FLORIOA MAY 2 ~ 2002 Date Received: PETITION Attachment "B" FORM FOR VACATION OF PLATS OR OF PLATS OF SUBDIVIDED LAND 16Al PORTIONS Petition #: Address: I I[q&~ ~d ~ ~]~c~ Telephone: City/State: ff~c~ ~Ct~., ~ Zip Code: City/State: ~ pl'~¢- ~ ~ Zip Code: Address ofSubject Property: ~ ~[ ~ ~S~ C~ D~d < I Location: Section 0~C Township ~S~ Range ~ Subdivision: Legal Description: Lot '- Block ~ Unit ~ Plat Book~ Page(s) Reason for Request: ~/~ C ~C- ~&~e+ Current ZoningS' ~ ~ Does lhis affect density? I hereby authorize Agent above to represent me for this petition: Signatur~'lo Peri ioner Print Name {~l~'e s [] No Date (Title) C Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indic! principals. List all other owners. Attachment "B" Page 4 of 4 MAY 2 8 2002 _%C__. Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners fTrans Number 309397 Date 1/11/2002 2:35:18 PM Post Date 1/11/2002 IPayment Slip Nbr AR 1969 Appl Name: BUTLER ENGINEERING, INC. Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: GARY BUTLER 2223 TRADE CENTER WAY NAPLES FL 34109 Proj Name: SWEETWA.TER BAY II, UNIT 1 Type: TAZ: Subdiv Nbr: Project Nbr: 2002010016 Payor' CROSSWINDS Fee Information Fee Code i Description I 12TRVC REV ACCT/VAC EASEMENT-ROW GL Account 10116361032910000000 I Am°unt i Waived ] $1000.00 ~ Total [ $1000.00 i Payment Code CHECK : 83 Payments :Account/Check Number Amount ~ $1000.00! Total Cash Total Non-Cash Total Paid $1ooo.oo i $1000.00 :~ Memo: Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT A~A t~.M MAY 2 8 2002 2791596 , 2820 PG; 3025 il.l{ L'$1O.O0). I,, h~J ~i~ by ~¢ said ~s~. r~l~vc ~d quit-claim d~n{~d ~bich ~o ~{d t~t p~. h~ lying :nd ~ ~ ~¢ Coun~'ofColH~ l"curpo~l,'d by ~fercuce {~ i~ inr~ded d~t D~cl~a:i.~n ~,t'C,~n,~o~niu~um rocord~ or ~n ah~.~.~ a4~p¢r~alnin,& :~{d all cbc liN' ',% IT.~'~S V,'IIIcRF. O[.', C £u','~ p.u17, for ~nd in con{idor~toa ,~f tho ~ of rE'.q DOLL~ ~nd ~, the rcceip~ ~ereofil hereby ac~o~ edged do~ h~rcb>, ~ ~id s~ond pa~' fo~'cr. Ill ~e flyby. [~[[~. ~(~/.:~. clam, ami ;t ~d [o ~e follo~v~g deicrib~ lu[, p[~e or pa~{ c'{'l~l~, l[~t=, pa~lcularl.,,, de.~c~ih,d iQ Ezblbil ".~', attached I~ret,, ~nd n Ot~qc~al Rc,'o,d{B~okZSgf acP~.~2,43 old',¢ P,]bl;; ~.~rc, r/~:q c~tle, ~tur~:. [~¢n. tqui~ and claun wt. ,:*~x'cc Ot d~ ST.,~'YE OF FLCn~II')A CC,L.'.'.'NTY OF COLLIER LCO RJ'( )1~-~ TI.: S E,LL) Th; for=going ,n.itn,m¢,t v..~ acl uO,~ lu. tg~:d b<:t'ore mc ol, U,,~ ..~d~',' of __/'~ . C0%'£. ~ Florida (.'oq)o~mlion. on beh-,I ol" ~.~ co.3-~,uL;u,,' Hc i{ pcr';on~Lly knn~'n to ,,c ,~' ~ho h~ f'rmtuccd &ly Contmi~on No MAY 2 B 2002 I I , 12 FROH,CRANT FR%DKIN PEARSON ~xhibit A OR: 2820 PG: 3026 *** Tract V of S~,vcetwater Bay II-U~ 1, eccor~ng to thc Plat thereo£as recordcd in Plat Book 26, Page 96 oldie Public R~ord$ of C. )llier Count,, Florida, MAT 2 8 2002 q2 6 TRACT TKbI, CT P- l P ~' E~ ~ ~ YE./1,,4.AR ~ ~ AREA L-Bi TROT PH 0 ® TI~.T TI:~a~CT L6-1 I TRACT L TRACT I TRACT COVE AT &TERUNG OAJ~ TRACT L~-EI TRACT L-1 TRACT V-15 TRACT V-11 TRACT Z TI~C T V-12 .11 LAND~-.rA~'E ,< I-- ,< A A ITEM MAY 2 8 2002 BUTLER engineering, irlC. OEC 26 November 29, 2001 Collier County Water Management 2800 North Horseshoe Dr. Naples, FL 34104 Attn: John Boldt Subject: Tract V, Sweem'ater Bay II - Unit I Dear Mr. Boldt, The subject tract is encumbered by a temporaD' blanket drainage and maintenance access easement. The owner is providing specific permanent drainage easements and is requesting that the counD' approve a vacation request for the temporaD' easement. Ihe process requires a letter of no objection from your department. The existing developed portion of this tract has been improved with paved access ways and underground drainage. The area proposed for the final phase of this tract is being permitted now and will also provide paved access ways and underground drainage facilities. Exhibits are attached delineating the existing blanket easement and the proposed drainage easements. Please call/~th any questions. BUTLER ~EERING, INC. J. Gau' Butl~L P.E. President I have no objection to the proposed vacation Mr John ~oldt 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566- 1327 Email PBUTLER202@AOL COM AGENDA 2 8 2002 BUTLER engineering, inc. November 29,2001 North Naples Fire Control & Rescue District 1780 Immokalee Road Naples, FL 34110 Subject: Tract V, Sweetwater Bay I1 - Unit 1 Tv. Whom It May Concern: The subject tract is encumbered by a temporary blanket drainage and maintenance access easement. The owner is providing specific permanent drainage easements and is requesting that the county approve a vacation request for the temporary' easement. The process requires a letter of no objection from your department. The existing developed portion of this tract has been improved with paved access ways and underground drainage. The area proposed for the final phase of this tract is being permitted now and will also provide paved access ways and underground drainage facilities. Exhibits are attached delineating the existing blanket easement and the proposed drainage easements. Please call w~?lany' questions. BUTLER E] INEERiNG. INC. J. Gary.' Butler, P.E. President I have no objection to the proposed vacation. 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566 - 1327 Email PBUTLER202(~AOL.CO~ MAY 2 g 2002 BUTLER engineering, inc. N~ovember 29, 2001 Sterling Oaks Community Association and Club, Inc. 822 Sterling Oaks Boulevard Naples, FL 34110 Attn: Sam Speechly Subject: Tract V, Sweetwater Bay II - Unit 1 Dear Mr. Speechly, The subject tract is encumbered by a temporary blanket drainage and maintenance access easement. The owner is providing specific permanent drainage easements and is requesting that the county approve a vacation request for the temporary, easement. The process requires a letter of no objection from your department. The existing developed portion of this tract has been improved with paved access ways and underground drainage. The area proposed for the final phase of this tract is being permitted now and will also provide paved access ways and underground drainage facilities. Exhibits are attached delineating the existing blanket easement and the proposed drainage easements. Please cai ith any questions. BUTLER 'GINEERING, INC. J. GaD' B P.E. President I have no objection~ff~/tfie,,/p~e~"~ Sam Speechly' . -~t%-..- ...... - 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566 - 1327 Email PBUTLER202~AOL. AG~A ~TEI~ MAY 2 2002 ~1 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM EARNED 4% IN NOV 3% IN DEC I 2% IN JAN 1% DUE 14,952.92 15,108.681 1!,264.4 4 fALUE 1,148,00~ MILL RATE 3.9192 4.5710 2.5660 .8069 .5265 1.1465 1,148,00C .0318 13.5679 AMOUNT AU'rNOArT~' ADVALOREMT~' 4,499.25 GOUNT~ 5,247'51 SCHOOL-BTATE 2,945 · 77 SCHOOL-LOCAL CITY 926.32 OEPENDENT 604-42 W~ERMGT. i, 316 · 18 INOEP. SPECIAL 36.51 VOTERAPPR. DEBT. 15,575.96 76i65002288 15,575.96 SWEETWATER BAY II UNIT 1 TRACT V, LESS THAT PORTION DESC IN OR 2374 PG 677 REF AS CONTINUED (PER TAX ROLL-PAGE NON-AD VALOREM ASSESSMENTS ROADS WATER/SEWER COMM. IMPROVE. GARBAGE COMBINED TOTAL ASSESSMENT~ IN FEB ! 0% IN MAR 15,420.2~ 15,575.96 PAY IN U.B. r~i~G~ DRAWN ON A U.S. BANK TO: COLLIER COUNTY TAX COLLECTOR COURTHOUSE COMPLEX- BUILDING C-1 NAPLES, FLORIDA 34112-4997 143 I ESCROWCOOE ] Mt~ COOE STERLING OAKS-NAPLES LTD PARTNERSHIP % CROSSWINDS COMMUNITIES 41050 VINCENTI CT NOVI MI 48375-1921 PAID - 01/12/28 RECe 8795.08 GUY L. CARLTON - 15,108.68 TAX COLLECTOR 376265002288 0001557596 0000000000 00000 8 31 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS ? EARNED 4% DU___ E 4ALUE 84,24C MILL RATE IN NOV ~ 3% 1,097.2 AMOUNT 3.9192 4.571C 2.566C .806 .526 1.1465 .0318 IN DEC ~ 2% 1,1o8.6 AUTHORIT~ AD VALOREM TAXES 330.16 COUNTY 385 · 06 SCHOOL-STATE 216 · 16 SCHOOL- LOCAL CITY 67 · 97 D[PENOENT 44.35 WATER MOT. 9 6 · 5 8 INDEP. SPECIAL 2 · 6 L~ VOTER APPR. DEBT. IN JAN 1% IN FEB / 0% IN MAR 1,120.10 1,131.5~ 1,142.96 # t PAY IN U.S. FUNDS DRAWN ON A U.S. BANK TO: 1,142.96 COLLIER COUNTY TAX COLLECTOR COURTHOUSE COMPLEX- BUILDING C-1 NAPLES, FLORIDA 34112-4997 MILLCODE J 143 I ESCROWCODE STERLING OAKS- NAPLES LTD PARTNERSHIP 13.5679 ER BAY II UNIT i THAT OF TRACTS LS-1, S AND EETWAT RTION V AS DESC IN OR 2620 PG 338, CONTINUED (PER TAX ROLL-PAGE 20 41050 VINCENTI CT NOVI MI 48375-1921 PAID - 01/12/28 1,108.67 RECe 8794.08 GUY L. CARLTON - TAX COLLECTOR 076265002385 0000114296 0000000000 00000 7 2002 THERE MZ"c mE ADDITIC'NAL ~,~TRIrTION$ TI-AT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN PIJBLIC RECORDS OF THIS COLINTY. DEDICATIONS STATE .3F FLORIDA COUNTY OF' COLLIEP KNCW aLL MEN B'r 1'~ESE =='[SEI'ITS. T~,~f STEELING OAKS JOINT ',SNTU~E. ~' FLORIDA CE~E:~L ..~ m~T~p~ ~m,~'. ~TNE~SH'P D~' ~T~ DUL' AU~'~FtZ~ ~';'~'~;~'T'~Nn~-DE~C~BED ~E~EON HAS CAUSED TH~5 p~r ENdeD '5~[~A~E BAY ~- IJNIT 1' TO BE MACE ~ND THE F~LO~NG: 1.} TO ~TERLINC OAKS COMMUNIT~ ASSOC~A~ON ~ND 'SLUE, ~NC., ~ J~LIT~ DRAINAGE E~5EM[NT~ (D.E.); LAKE MA.N~NCE/'ACCE55 [~SEMENT~: DRAIN~G[ & MAiNTENaNCE ACC[~S EASEMENT5 AS ~ND~CA~D ON ~15 ~L~T ~ '. -O r~.tic~ ;OL'NT'f. ~LL mJ~LlTr' EASEMENT[ ;U E ). NO [LS.E.) AS SHO~ ~ ~lS PLAT. FO~ ~E PURPOSE OF ~NSTA~AqCN ~N0 MAINTENANCE OF CANOSCAP[. 4 ~ '~ FLORI~ PO%~m ~NO LIGHT CCMP~N~. UNI~ ~L[P~CN[ OF ~O'~OE~ ~ ANY O~[R U~UTt 5ER'.~CE~ F~O'~0[R ALL U~LIT~ EASEMENTS .. . NO SUCH CCNS~UC~ON. 'NSTILLA~ON. MAINTENANCE AND ~[PA~ON ~LE~ON SER~CES 3HALL ~NTERFE~E ~TH ?~E ?ACILI~E5 AN0 AN ELEC~IC. ~LE~HON[ 0P O~EP PUBLIC 'JRL{TM IN ~[ E'~NT A CABLE ~LE~510N C~PANY DAMAGES ~[ FACILIR[5 CF A PUEUC ,J~LITY. it 5HALL BE S~EL~ RE~ONSIBLE F~ ~E CAMAGEE ~.) TO 5~RUNG OAKS COMMUNI~ ~550~A~CN AND CLUB. ~NC. ~ACT '~'. rO~ ACCESS ' PLRFO~S AND FOR MAmN~NANCE ~EREOF SUBJECT TO 4N~ EASEMENTS HEREIN SETFOR~ RESPECT ~E=ETO. 6./ "O COLLt£R COUNTY. ITS h-RANCHISE~ AND tHE NO, TN NAPLE~ KJRE &ND ~EECUE DISTRICT. Tl~ACT "R'. AS AN ACCESS SASI:'MENT FOR AND S~lC[ ~HICL~S TO GAIN ACCESS. ~m ~ ~E~PONSI~ILI~ OF ~AIN~NANC~. ~) ~ IO' UTILITY EASEMENT IS RESERVED ALONG TRACT "R" ON [ACH TRACT. ALL ~E OEECPIB[D 0EDICA~S. ~ACTS AND EASEMENT~ ~RE N ~CC~0ANC[ ~ ~[ ~NE~AL NO~S DESCRIBED ON SHEET 2 OF 3. CU£F OF LOCATION N. T.'C. MEXICO MAP. ENGINEERING TI~tS PLAT Amm~,CVE~ BY THE SITE. COLUE~ COUNTY. FLORIDA. THIS . '9~. ~ O. COUNq PLAT APPPOV[9 iN PEGUL~ COUNF¢ COMMISSIONERS CF COL COU~T OI~ COLU£m CouNTY, FLC ~kTTEST: ~PK OF CIRCUIT cOURT AND FCR COLUER C~NT'( iN '~NESS WHEPE,DF, SAI0 PERSONS HAVE CAUSED THESE m~ESENTS rO BE SIGNED WITNESS' MAY 2 B 2g02 HALF Jlw FLAT BOOK OF SECTIONS 25 AT 9 AND PAGES 37 THROUGH 39; 1 O, TO WNSHIP 48 S 0 U TH, "l,."o N ~9'42'J~' E UNPLA TTEO 4 IRACT 'I S-?: N ~000'00' E 22587' 'NOT A PART OF 7HIS PLA T" 'SE£UNG OAKS' ,.?,ACT ~' PLAT c , , £~ Zoo4- .% / 'NOT A P~R T OF mis PLA ~" 'STERUNG OAKS' ~ACT 'P- ~ ~ 'NOT A PART OF THIS P£A 1~ 'STERUN¢ OAKS' ' W MAY 2 8 2002 r~Ac f 'LB- t ' ' .o£AT $COK 2~. PAQ~5 5-20 J IRACT ,~¥~.'0,"6 b' ~,~ v/Z'~,:,'IcE .~, ~ ' r~,~cr "o' ~, 20t.27" DETAIL "A " ~ACT IPA C T '8' "SPANISH ~IdLLS - UNI? llq£EE" N 89'~J'JS' E --INACF 'LS-I'- .......... ~;20 76 oF. P:u. ~-F' 4o~-4.- IRACT "V" o 89'43'36" ~ ;:9 51 s 83'~ 5~ Id#E TABLE UNE I',, :6,t V ~2*aO'.'_" 62?0'47'£ ,~l.~ ,b: ~ ~ 77't937 c.~7007' · /392 Lb6 V ~:'mOjJ 04'4.~'27' ~ 'r ~ u~7 v ml~g J7 85~573' f ~ 39 ~ ~' ,,,o:~'~ ~ ~AY 2 8 2002 ..... 4 : ~ Pi. , Master Association Sterling Oaks Community Association and Club, Inc 822 Sterling Oaks Boulevard Naples, FL 34110 Atto: Mr. Jock McCarmey Individual Sweetwater Bay Condominium Heron Lake Condominium Eagle Cove Condominium PO Box 110156 Naples, FL 34108 Atto: Mr. Bill White Petitioner Sterling Oaks - Naples LP C/O Crosswinds Consulting, Inc. 11902 NW 26 Manor Coral Springs, FL 33065 Attn: Mr. Jock McCartney MAY 2 8 2002 Sheet I of 2 AVPLAT200 I-AR1587 EXECUTIVE SUMMARY PETITION AVPLAT2001-AR1587 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 10 FOOT WIDE LAKE MAINTENANCE EASEMENT AND THE 10 FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF LOTS 12 AND 13, ACCORDING TO THE PLAT OF "TERRANOVA OF PELICAN MARSH UNIT ONE" AS RECORDED IN PLAT BOOK 34, PAGES 61 THROUGH 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate the 10 foot wide Lake Maintenance Easement and the 10 foot wide Utility Easement located along the rear of Lots 12 and 13, according to the plat of"Terranova of Pelican Marsh Unit One." CONSIDERATIONS: Petition AVPLAT2001-AR1587 has been received by the Engineering Services Department from Lisa H. Barnett, Esq., of Chef~' Passidomo Wilson & Johnson, LLP, as agent for the petitioners, Ground Development, Inc. of Florida and Gillian Shepherd, requesting the vacation of the 10 foot wide Lake Maintenance Easement and the 10 foot wide Utility Easement located along the rear of Lots 12 and 13 because the Petitioners want to construct proposed dwellings within this area. The 10 foot wide Lake Maintenance Easement is not needed because a 20 foot clear area between the rear property line and the lake will still be available for maintenance purposes. The 10 foot wide Utility Easement is not needed because the utilities will be placed along the front property lines. No variance from the permitted setbacks is necessary. Letters of no objection have been received from Collier County Engineering Services, Collier County Stormwater Management, Collier County Public Utilities, WCI Communities, Inc., Terranova Homeowners Association, Inc., Pelican Marsh Community Development District, Florida Power and Light, Sprint and Comcast Cable. Zoning is P.U.D. This Executive Summary was approved by Greg Garcia in Transportation on 4-24-02 and by Roy Anderson in Public Utilities on 4-16-02. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition. MAY 2 g 2002 Sheet 2 of 2 AVPLAT2001 -AR1587 GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2001-AR1587 for the vacation of the 10 foot wide Lake Maintenance Easement and the 10 foot wide Utility Easement along the rear 10 feet of Lots 12 and 13, "Terranova of Pelican Marsh Unit One"; 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. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, P.S.M. Engineering Services DATE: Thomas E. Kuck, P.E. Engineering Services Director Joseph K. Schmit{, Administrator Community Development & Environmental Services ? MAY 2 8 2002 6 8 9 10 ~2 13 RESOLUTION NO. 2002- RESOLUTION FOR PETITION AVPLAT2001-ARI587 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 10 FOOT WIDE LAKE MAINTENANCE EASEMENT AND THE 10 FOOT WIDE UTFLITY EASEMENT LOCATED ALONG THE REAR OF LOTS 12 AND 13, ACCORDING TO THE PLAT OF "TERRANOVA OF PELICAN MARSH UNIT ONE" AS RECORDED IN PLAT BOOK 34, PAGES 61 THROUGH 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST. 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 WHEREAS, pursuant to Secnon 177.101, Florida Statutes, Lisa H. Bametl, Esq., of Cheff'y Pa~sidomo Wilson & Johnson, LLP, as agent for the petitioner~, Ground Developra~nt, Inc. of Florida and Gillian Shepherd, does hereby request the vacauon of the 10 foot wide Lake Maintenance Easement and the 10 foot wide Utality Easement located along the rear of Lots 12 and 13, according to the plat of"Ten-anova of Pelican Marsh Urat One" as recorded in Plat Book 34, Pages 61 duough 62, Public Records of Collier County, Florida; and WHEREAS, the Board has tls day held a public hearing to consider vacating the 10 foot w~de Lake Maintenance Easement and the 10 foot wide Utihty Easement located along the rear of Lots 12 and 13, accordtng to the plat of "Ten'anova of Pelican Marsh Unit One", as more fully described below, and notice of said public hearing to vacate was g~ven as required by law'; and WHEREAS. the granting of the vacatmn v. qll not adversely affect the ownership or right of conxement access of other property owners. NOW, THEREFOKE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOPdDA. that the following be and is hereby vacated, the 10 foot vnde Lake Maintenance Easemen: and the 10 foo~ wade Utility Easement located along the rear 10 feet of LoB 12 and 13, according to the plat cf "Terranova of Pehcan Marsh Umt One". as more fully described m: See Extubit "A" attached hereto a_nd incorporated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified cop>' of flus Resolution tn the Official Records of Collier County, Florida, and to make proper notauon of this vacation on the recorded plat as referenced above. Th/s Resolution is adopted ti'as __ majority vote hvonng sorry. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk day of , 2002, after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Ch~ Approved as to form and lega,~t 8 t sufficiency: Patrick G. White, Esq., Assistant County Anomey MAY 2 ~3 2002 P~. ,-~ EXHIBIT A LEGAL DESCRIPTION EXI-HB1T "A'~ SI'iEET I OF 4 AVPLA']~001 -AR! 557 Portion of Lot 12, Terranova of Pelican Marsh, Unit One, Plat Book 34, Pages 61 and 62, Public Records of Collier County, Florida and being more particularly described as follows: BEGINNING at the westerly common property corner of Lots 12 and 13, Terranova of Pelican Marsh, Unit One; thence southwesterly 51.6,3 feet, along the rear boundary of said Lot 12 end the arc of a curve, concave to the northwesterly, through a central (3ngle of 05'55'00", having a radius of 500.00 feet and being subtended by a chord which bears, South ,33'08'27" West a chord distance of 51.61 feet; thence South 62'22'44" East, along the southerly boundary of said Lot 12, a distance of 10.11 feet; thence northeasterly 52.15 feet, along the southeasterly line of a Pelican Marsh Community Development District - Lake Maintenance Easement, (P.M.C.D.D.-L.M.E.) and Utility Easement, and the arc of a curve, concave to the northwesterly, being 10 feet from and parallel to the rear boundary of said Lot 12, having a central angle of 05'51'.32", (3 radius of 510.00 feet end being subtended by a chord which be(3rs North .33'00'08" East, (3 chord dist(3nce of 52.1.3 feet; thence North 65'2,3'17" West, along the northerly bound(3ry of said Lot 12, (3 dist(3nce of 10.05 feet, to the POINT OF BEGINNING. Prepared by: No. 2982 2002 MAY 2 8 2002 NOTE: See Sheet 2 of 2 for SKETCH OF DESCRIPTION SKETCH OF DESCRIPTION Common property corner o f Lot 12 and 13 10' · S. 62 '22 '44 "E. 10.11' N. 6~ 10. 05' EXHIBIT "A" SHEET 2 OF 4 AVPLAT2001-AR1587 ILot 15 ! R odiu~= 500.00 Delta= 05~5'00' Arc= 51.65 Tangen t= 25.84 Chord= 51.61 Chord Brg. S.$3'08'27'W. Curve number Curve number 4 r '") ~.~ De/to= 05'51'32 ~ / Lot 12 I X'~ Arc= 52.15  ~ ~ Chord Brg. N. 33~0 08 E.LO[ '39 53 Arc= Z 47 Tong~t= 3. 74 ~ Arc~ ~ Z 94 Tong~t- 8.97 ~. TRIG0 & ASSOCIATES, INC. DATE: Jonuory 21, 2002 pROI~SSION~I, ~ ~~ a P~ D~WN BY: AT SC~: N.T.S. ~23 ~g C~ WAY N~, ~A ~ SHE~ ~ OF ~ FILE NO. 01.0144.01 ~ ~~G B~ ~ ~4 EXHIBIT A LEGAL DESCRIPTION EXHIBIT "A" SHEET 3 OF 4 AVPLAT2001 -AR1587 Portion of Lot 13, Terranova of Pelican Marsh, Unit One, Plat Book 34, Pages 61 and 62, Public Records of Collier County, Florida and being more particularly described as follows: BEGINNING at the westerly common property corner of Lots 12 and 1.3, Terr(]nova of Pelican Marsh, Unit One; thence northeasterly 51.45 feet, along the rear boundary of said Lot 13 and the arc of a curve, concave to the northwesterly, through o central (]ngle of 05'53'58", having a r(]dius of 500.00 feet and being subtended by o chord which bears, North 27'14'08" East a chord distance of 51.41 feet; thence South 68'23'35" East, (]long the northerly boundary of said Lot 15, o distance of 10.01 feet; thence southwesterly 51.96 feet, (]long the southeasterly line of a Pelican Marsh Community Development District - Lake Maintenance Easement, (P.M.C.D.D.-L.M.E.) and Utility Easement and the arc of o curve, concave to the northwesterly, being 10 feet from and parallel to the rear boundary of said Lot 13, having a central angle of 05'50'13", a radius of 510.00 feet (]nd being subtended by a chord which bears South 27,09'16" West, o chord distance of 51.93 feet; thence North 65'23'17" West, along the southerly boundary of said Lot 1.3, (] distance of 10.05 feet, to the POINT OF BEGINNING. Prepared by: Trig (,~. ~P/~M.~ NOTE: See Sheet 2 of 2 for SKETCH OF DESCRIPTIC MAY 2 8 2002 - I~. SKETCH OF 20' ~0' 10. 05' P.O.B. Common ,property corner or Lot 12 and lJ DESCRIPTION Y'£J'JJ ~£'~ 10.01' EXHIBIT "A" SHEET 4 OF 4 AVPLAT2001 -AR1587 Curve number 2 Radius,- 500. O0 Delta= 055J'38' Arc- 51.4~ Tongent'= 25. 74 Chord,= 51.41 Chord Brg. N. 27'14'08'£. Curve number J Rodius'= 510. 00' Delta'= 0550'13" Arc-, 51.96' Tongen t= 26. 00' Chord= 51.93' Chord Brg. S. 271~9'16'W. NOT A PART OF THIS PLA T Curve number I Radius'= 644.00 Delto- 05~4'43' Arc= 58. 96 Tangent'= 29.50 Chord Brg. (M~N~RAL NO~: P.O.C. indicates/Poir) ]{~f Commencement P.O.B. indicate~ P.~ /(~ Beginning MI distances ~l. re/~./ ~ and decimals thereof. line of Lot/X2 end ~ _osjbeing S. 65'23'17' E. A. TRIGO & ASSOCIATES, INC. pI~Or~IONAL ~ StYEvgYO~tS & P~ ~23 ~E C~ WAY N~I~, ~A ~42 A ~5 UI'~V~ ¥ DATE : January 21, 2002 DRAWN BY: AT SCALE: N.T.S. SHEET ~ OF 2__ FILE NO. 01.0311.01 PETITION FORM FOR OF PLATS Date Received: t~-ff, ~: ~-Ot~i Attachment '~B" VACATION OF PLATS OR PORTIONS OF SUBDIVIDED LAND Petition ~: Petitioners: Address: City/State: Address: City/State: Agent: Address: City/State: Ground Development, Inc. of Florida (Lot 12) and Gillian Shepherd CLot 13) Ground Development, Inc. of Florida 2223 Trade Center Way Telephone: 941-596-2966 Naples, Florida Zip Code: 34109 Gillian Shepherd 6975 Verde Way Telephone: Naples, Florida Zip Code: 34108 Chef"fW, Passidomo, Wilson & Johnson, LLP 821 Fifth Avenue South, Suite 201 Naples, Florida Telephone: 941-261-9300 Zip Code: 34102 Address of Subject Property: Lot 12:9045 Terranova Drive and Lot 13:9049 Terranova Drive, Naples. FL Location: Section 35 Township. 48S Range 25E Subdivision: Terranova at Pelican Marsh Legal Descriptio'n: Lots 12 and 13 Block Unit One Plat Book 34 Page(s) 61 and 62 Reason for Request: Petitioner is seeking to vacate a 10' Utility Easement and 10' of a Lake Maintenance Easement. both of which are located along the rear property, line of the subiect properties. Exhibit "A" attached is a signed and sealed legal description- of the Easements sought to be vacated and a sketch of the descriptions. Field survey information submitted by Landv Engineering, Inc. indicates that the limits of the existing lake (at control elevation 8.0' NGVD) are greater than 20' from the rear property line of the subiect properties. A 20' clear area between the property line and the lake will still bc available for maintenance purposes, and thus the 10' portion of the Lake Maintenance Easement located within the property line is not necessary for proper lake maintenance (see Letters of No Obiection). The Utility Easement is not necessary because the required utilities will be placed along the front property lines. Petitioners are seeking to vacate the Easements to use the additional 10' as part of the building pad on each Lot. No variance from the permitted setbacks is necessary. Current Zoning: PUD Does this affect density?, No. ~ ~'~f ~'~ [I ~er~' authorize3g~t above to~ _ represent,.//~//./mef°rthis petition: ~/-X Yes~j~~No ~ ] 0- ~--OI Signature of Pgfi~oner c-Dat~ ~ · S. igna~ure of Petitioner _ Date Print Name (Title) i~rint Name (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers (3) If applicant is a partnership, limited partnership or other business entity, indicate the name (4) List all other owners. Attachment "B" Page 4 of 4 AGENDA I'IT~ MAY 2 8 2002 ma, j~or stockholders. f p r ~'~1~-. Official Receipt - Collier CDPR1103 - Official Receipt County Board of County Commissioners Payment Slip Nbr AR 1587 Trans Number i Date 293310 Post Date 10/11/2001 110/11/2001 3:14:58 PM Appl Name: Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: Proj Name: TERRANOVA DRIVE Type: TAZ: 46 Subdiv Nbr: 3219 Project Nbr: 2001100038 Payor · TERRANOVA AT PELICAN Fee Information Fee Code i Description ' GL Account Amount Waived ' 12TRVC 'REV ACCT/VAC EASEMENT-ROW ~10116361032910000000 $1000.00 Total ~ $1000.00 Payments Payment Code Account/Check Number Amount CHECK 3588 $1000.00 Total Cash Total Non-Cash Total Paid $0.00 $1000.00 $1000.00 Memo: Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT MAY 2 8 2002 Printed:10/11/2001 3:15:28 I~M Parcel Collier County Tax Collector 2000 Tax Roll Inquiry System L OWNER INFORMATION Name:HGROUND DEVELOPMENT INC Atids~s:][:~223 TRADE CENTER WAY ~:1~, ~n 341~-203~ PROPERTY INFORMATION I L,.s.,:llt~srr ~ nOT n  ALUE/EXE TAX INFOR~MATION Tax'ble Value.'] ~9~10 Cotmty:11317.62 ~~~ .J PAY TERMS F PAYMENT INFO Paid DI M~h:llo~ School loc:]l:z3o-~9 I Doc.~ [3,294.53 Ma~:ll Paymt:l~,294.fi3 Mo~.'llO STATUS INFO. Non Aa vs:llY COMMENTS Non Ad Valorem Amount Included in Gross Tax NON AD VALOREM INFORMATION II.~h~ Jla,thN=e Last Updated: 9/16/01 5:00pm MAY 2 8 2002 http://www.colliertax-c°m/Rec°rdDetail'asp?F°li°ID=76713010285 09/17/200.1 Parcel rage OWNER INFORMATION ~UND DEVELOPMENT 1NC I TRADE CENTER WAY Collier County Tax Collector 2000 Tax Roll Inquiry System PROPERTY INFORMATION 76713010308 Acre; TERJLANOVA OF PELICAN MARSH INIT I LOT 13 Addr~a: NAPLES, FL 34109-2035 PAYMENT INFO ~ COMMENT5 Non nd Yalor~w Amount bclud~d ia Gross Ta Communi~' Improvement NON AD VALOREM INFORMATION Last Updated: 9/16/01 5:00pm http://www.colliertax, com/RecordDetaiL asp?FoliolD=76713010308 09/17/2001 Price Siket & Sol£s. LLP 2640 Golden Gate parkway Sure 115 Naples, F1 34105 27509 OR' 2777 PG: 3266 RICOI~BID in OffICiAL IICORD$ o{ {OI, LI[R COUN?1, CO~S 269t]0.00 DOC-.70 18~O.OO leLn: 2t~0 GO,DIN GATI P~Vl tll~ NAPLIS fL 34105 ]20) I,:~,-~,~l I1~ Nu,,,I,¢r: 76713010308 V arra.ty Deed This Izlde,llt,,'e, Mu(lo,his 12th d,~,,f February , 2001 ,~.~ · Ground Development Inc. of Florida, a corporation existing under the laws of the State of Florida ,,~ ~ C,~.,tv ,,~ Collier Gillian Shepherd ,~,,~ .~h~, i,~ 6975 Verde Way, Naples, ,,r :'.~ c,,,,,,~ ,,1' Collier ., .~1.,~ ,,f' FL 34108 , FL 34108 s,.,~ ,,r Florida , %~/illlCS${~lh ~1.,I Elm (il,{^N'lzll,{. I%,r m.I i,, c,N,,,id~'~,li,,. ,,1 EI.~ .,,,,,, ,,I ( $10 ) ....................... I~ )I.I..\RN. ........................ TEN DOLLARS I~,l{l o111~' i~o~,¢1 m~J v,,h,.hlc cm,sld-.d'nli,.I I,~ L;RAN'I'¢)I( iii Im~d rni,.I I,',' CiN,'\N'I'I;I{. II~: rc,,;Cil)( ',..l,,,..'fc,,I is llcrcf,',' ..,;k,.,,.tK:,.l.eu'd. I¥illg nmi I~{ll~ i~, il~ C'(xmly (,[ CO 1 1 i e r ,C. lnlC ,,r F1 or ida i,, ~)1 Lot 13, Terranova of Pelican Marsh Unit One, according to the plat thereof recorded in Plat Book 34, pages 61 & 62, of the Public Records Collier County, Florida. SUBJECT TO : Declaration of General Covenants, Conditions and Restrictions common to the subdivision, taxes subsequent to 2000 and the following: Declaration of Covenants, Conditions, and Restrictions of Terranova of Pelican Marsh recorded in Official Records Book 2677, page 1794 The Property lies within the Pelican Marsh Community Development District ( District ) and sub3ect to district assessments from time to time. Grantee is hereby notified that 1. the property grantee is purchasing is located within a hurricane vulnerability zone. 2. the hurricane evacuation time for the Southwest Florida Region is high/ and 3. hurricane shelter space is limited. (Continued on Attached) . . OfFlorida By: i~';,I) Steven C. Fiterman, Presldent I'() ,\d(Ir~: 69(,7 %'rrdr \\'iv ~.plfs, FI, 3JIllX ~l- S IIEP ST^T£ OF FL 34108 COUNTY OF Collier Steven C. Fiterman, President of Ground Develo~ent Florida Corporation, on behalf of the corporation ~~,~97~ ~ Notary Public I~_~} -~'~.~ ,2001 of Florida, 2002 Yh, im N Hiiile~. ;1111 I/ekk~ Ceam ~ Il): 2534028 OR: 2593 PG: 30&1 H/Il/Ill9 If. II:IMI III~R i. II~"t, CLlll I{~ ~ 11,14 IOC-.?l 41tlt.1t TIII~ WARI, ANT¥ DIED made Ihim c..?~,IY of S41;dtmbet, Ig<~). ~: KI COMMUN~I~ INC.. ~m ~1~ ~ G~. ~ ~1 ~dpl~ at~ ~r~a u Etkk~ 'A' Ube S~ TO: A. Gev, et'aL I,txe~ and fat,e~s~wr~.~ loc 1~ ~ ~b~uen: >c~. DECLA~ON ~ NEIGH~)RI~D COVENANI~. ~ A ~TiON ~ ~{ON 35. TOWNSHIP ~ ~'TH. RANGE 25 L~S]. C(H,LI~R C~]'Y. ~A. PARCEL C AND PARCEL O. D G~ ~ll c~e c~ on ~ i~, ~J ~ ~ ~Ofh m ~ ~ ~ c~ of ~ ~ e~h ~. ~ID ~ I<~ ~ D~E IN ANY SU~EQU[~ IlE[~ C~YING ~ ~ ALL ~ ~[ ~KR~. Pal~e I o1'2 2{302 OR: 2593 PG: 3042 INCLLtDE THIS NOTlirlCATION IN ANY SI.I~IiEQI,,IENT DEF. I~ CONVEYING A PORTION OR ALL THE PROPI: RT~: i~:ludin$ zoflmI end ebd~vlsio~ ordinances, dewlc~me adets, hl~ca~ Marsh ()RI l')evelol:m~nl Cadet J~ 24, 1~5, ~vel~l ~tt~ ~ m~ ~e[ulel~mt ~ c~ili~ of all sovem~n~l a~e~'~ H. The Pelican Mr, nh Planne~l Unit D~elopmcm assiIJ~l ordinance number ~l.3 I; 1'1~ licn nfan~, im:l all al....euu'n~m t)ffl., thai ~d. lo be asse~'d JLmn~l the Pto.;,c~; ,rd All other casc-me~:s, d~xlicalK~s, covcnam~. ¢omhqioR~. hm.ala, ms. rt'.e~a~im~q and r~.,Incla.m.s o[ TO(;rTHER with al! the ~¢nemeal$. hete~hl&rz, ems ,m,J al~')urlc~,c~ ll~-rclL~ hek'm~mg ~ in ~, ~ a.~ aq'¢.m Bmmil TO HAVE AND TO HOLD. tlw same ~n lee s~m~k IN WITNI. S$ WHEREOF. Ibc Grantor hns sealed ~,d ~llve~d pre~'~¢e STATE OF FLOR ri)^ COUNTY OF LEE My C~i~i~ E~pt~: 12'i.'2~ N~ Cmn A. I Descr,p,cx~ of Par~ of' Scuton .1 ~. l'ownsh~p 4B ..'.~h. Range 2.f ~1. Colher Count, Florida (~ehc~ Ma~h Future Pa~cel~ "C" ~nd "D' pan o~Secl,on }~. To~hip 4~ ~u~h. R~e 2~ EP~I. Co~hc~ ('oms~ F lo-da ~t~ d~cr~ ~ follows C~ln~ a d~ ~ult~rly~t ~mef Of Tract "GC 14" ~rdm~ to ~ ~ ~ ~ m PJnl ~k 28. pi~ ~5 t~ugh q~. Recotd~ o[ Colher C~un~. al~g ~e ~/her~ ~t~a~ of smd Trot "~' 14" m Ib~ fol~ng seve~ (7) d~cn~d 4)~44e~'3~' ~a~t I J RS ~ B3'13'1 ~' E.~t 6R 07 fe~l. f~ ~ e ¢ertlrol an~e of 24~ST)~' ~d being ~bt~d~ by z chOed ~mg s~lend~ by n c~d ~ch ~.Rts H(~h 27'2J '42" !]~1 a~ 33 fe~t. ~ce ~lmue al~g smd t~und~ N~h ~' ~O'32" EaSt 42~ :'7 feel ~ce I~ng smd ~unda~ No~ ~2*~/~" E~I t~ 35 f~t tO a ~n~ 152 hX t~ Ita~ ~ ~d ~l~'~ cm~m~ ~lh il2~ IU2 ~" W~t 622 ~,l 33*al'~r w~l ~,3 2o f~. ~N. MILLER. RARION & PEFK. 2 8 2002 CLAIRE ~ ', · T ~ TRACT B J DNDO PH .Q, t 7 3 'A' q' WATCH '6J3 T~A~T L14 4 TROON LAKE DR (', '~ TRACT GC14 ~5 13 12 53 10 T RAC'T C ,CF TROO TRACT TRACT C --~, 2L ?C ~AY 2 8 2002 TIaA .Q T C~ 22 PHOHE P~O. : 4~1664 N MAY 2 8 2002 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION ENGINEERING SERVICES DEPARTMENT 2800 NORTH HoRsESHOE DRIVE ENGINEERING REVIEW SECTION NAPLES, FL 34104 October 29, 2001 Mr. Mike Landy, P.E. Landy Engineering, Inc. 2780 South Horseshoe Drive Naples, FL. 34104 Re: Letter of No Objection Vacation of East 10' Lake Maintenance Easement; Drainage Easement and Utility Easement Rear of Lots 12 and 13, Ten'anova Unit One Dear Mr. Landy: We have reviewed the information submitted to us as justification for the above referenced request for a vacation of easements (or portions thereof). We have no objection to the proposed vacation for the following reasons: According to the survey provided, there is still 24' of area adjacent to the control elevation of the lake which can be used as a maintenance area. The existing lake area (Tract GC14, Pelican Marsh Unit Seventeen) is labeled as a Drainage, Maintenance and Access Easement; therefore no additional maintenance easement is required. This approval is granted with the following stipulations: 1. All other easement holders must be notified and written concurrence must be obtained from them for the vacation. 2. The Pelican Marsh CDD is responsible for maintenance within the maintenance easement. If you should have any c~estions, tlease feel free to contact us at 403-2471. John R. Houldsworth I ~ I Senior Engineer ~ 0 ~ John Boldt, P.E., Water Management Director Tom Kuclc, P.E., Engineering Review Manager Steve Nagle, South Florida Water Management District .co.colher. fl.u~ ~Taa ~68 Oct; 05 O! FI~OI'I : 09:06a Ma~he~ Fiterman PHOHE ~. : 47,01GG4 (941)596-~77 p. 2 Oct. ~5 2~01 09:l?P~ Pl LANDY ENGINEERING, INC. October 3, 20Oi Mr. ]0~n Sotctt, p.~., ~:S.M... - - Collier Cotinty'St6rm"water Ma~aS~mcnt Director Hbi-sesti~'$qu =e -.' S~te a2 i 2 .Re:. TK~NO~A.at'P[LIc~ ~S Dear'MT'. Boldt: .. ' " ' .Enclosed for ~our ~vicw,'Plcase find the following i~forrnario · One ~i) copy ofrevise'd exhibit'showing limits of proposed e, asc, men~ vacaticm " · One (1) copy of rcquested cross section exhibit . , . . One (1) copy of survey t~eld notes " The atta~he, it in.formation is s~t as a supplemcnt to o~ Septernbir 13, 2001 paCkage., and ~s a fo2Iow-{zp to our recent meeting regarding the above referenc"-d project..The owner of the subject property would like to vacate the 10' lake maintenancc casement indicated on the attaChcd exhibit.. Field survey information has indicated tl~t thc limit~ ot7 thc cxistinff lake (at ~n~r01. elei,,ar, ion ii.O' 'NGVD)are 'greater thin 20' from the'~r .'property linc. A 20' m~um Cle~a''' area '('0etWeca:thc properry' line .~fid tS~, !~e) will. still' be available, for maintenance purposes. ~ . ., .. A '~Lctter o£No Objection" from your office is required p~or to schcduling thc public hearin$ for th/s vacation. Please review the e=closed information and ~.xecutc whcr¢ indic,steal below. If yo~. h.avc any >-'" -I o.,..3 -.o. I ' '" 'Dale · ': : '..:" · ;.. . .';..': . '"..:' l~h¥ 2~3'2002 ~ · qucstio/~, please ~to not hesitate to call. FP©M : ALD PHONE HO. : 4501664 Sop. 20 2001 04:21PM P2 LANDY 'ENGI NEERING.'I' INC. September 13, 2001 Mr. James V. Mudd Public Utilities Administrator ColLier County Pubtic'Utilitics Division 3301 Tamiami Trail East - Building H Napl'es, FL 34112 Kc: TERRANOVA a,t pELICAN MARSH Dem' Mr. Muddi One (1) copy of highlighted plat (Tcrra~lova Unit One - P.B. 34, pages 61 & 62) · One (1) copy of a location map One (1) copy of June 20, 2001 letter from Ms. Liz %~rhaley of W.C.I... The o~mcr of the subject property, would like to vacate the 1'0' U.E. indicated on the attached exhibit. Field survey information has inticatexi that the limits of the existing lake (at'control elevation 8,0' NGVD) are greater than 20' from thc rear property line. A' 20' clear .area (between the property line a~d the lake) will still be available for maintenance pm'poses. The easement is not dedicated to yom' office and you do not have any facihtics within its limits- Because of some recorded language on the plat Ctlighlightcd), a "Letter of No Objection" fro~ volir office is required-prior to. scheduling the public hearing for this. vacation. Ptca~c review thc cncloscd mtbrmation and execute -,,,'here indicated below. If you have arty questions, please do not hesitate to call. I have no objection to the proposed'easement vacation as indicated.on thc attached extiibim.. .. > ..'~,~i).l,.~ 'g-.'._.oc/cP) . > q-t")'-(~ t " (Print Name) . Date 2780 SOUTH'HORSESHOE DRIVE - SUITE' 6 .NAPLES,FLORIDA 34104 TELEPHONE (941.) 261 -.6999 FAX (9~1.1)-430 - t6~4 · MAY 2 B 2002' ~. 2/2) Watermark Communities Inc. June 20, 2001 Via fax and regular mail Michael J. Landy, P.E. Landy Engineering, Inc. 2780 South Horseshoe Drive, Suite 6 Naples, FL 34104 Tel/941) 261-6999, fax 430-1664 Re: Terranova - Units 2 & 3 Pelican Marsh PUD Dear Mr. Landy: The WCI Design Review Committee for Pelican Marsh received your June 8, 2001 letter certifying that the horizontal distance from edge eof water (at control elevation 8.0 NGVD) to the property line (i.e. proposed setback line is twenty feet (20') or greater for Lots 14 through 24. Therefore, we approved reduced setbacks for lots 14 through 24 from ten feet (10') to zero feet (0'), as requested in your letter of May 16, 2001. Also, as mentioned in your May 16 letter, we agree that given the existing field conditions, the footnote reference in the Residential Standards Table of the PUD to "providing architectural bank treatment" should not apply to these lots 14 through 24. Sincerely, Administrator of Design Review WCI Communities, Inc. Cc: DWC,' DJS, LYS. David Sturdyvin Artisan Associates, Inc. 2223 Trade Center Way Naples, FL 34109 Tel 596-2966, fax 596-2917 AGENDA IT~ 4AY 2 8 2002 24301 Walden Center Drive · Bonita Springs, Florida 34134" (941) 947-2600 ° wcicommunities, com Homeowners lnc. 2223 Trade Center Way Naplez. FL 341O9 Phone: 941-596-2.9~ FAX: 941-59~-297~ Monday, September 17, 2001 Mr. Rick Grigg Collier County Community Development 2800 North Horseshoe Drive Naples, FL 34104 Re: Terranova at Pelican Marsh Dear Mr. Grigg, The Terranova Homeowners Association has no objection to the proposed vacation of the 10 foot utility and lake maintenance easement located on the rear of Units #12 and ~13 as indicated on the Terranova Unit One plat. It is the Association's understanding that a 20' clear area from the rear property line will still be available for lake maintenance purposes. It is also the Association's understanding that all utility services with the exception of phone service required for these future residences are currently provided in the utility easement located at the front of the property and an alternative for these facilities have been determined with this provider. TE~WNrERS ASSOCIATION, INC. DI~T~-~CT FIELD OFF~C P~GE 02 2.2:55 2OO2 1~: Terrsnnv~ Vaca~on ofLake M. aimenm~e E~rnent °n L°~ 12 a~l 13. in tJ~e me~ dine, I rea~in, Bri~ K. Limb Wi'ga ~AY 2 8 2002 Suite 301 . ~cnc: (954) ~53-03 · ~ : ' ' " ?hgne: C941) 43%7805 Phone: (95~) 753-5~1 Fax: ;95!) 7~9670~ Fa~: (~) 437.7S04 ~crk:~ tOgw~wr tO sa~ o~ PH0[~ NO, : ,13~3166J Scp. 2~ 2001 ll:5Y~Af'l Pl ~-P("Jf.1 : ALD 69,'2,1/61 ~.,.pL 26~3C Old Us 4',. [~3~ S~rinSs, ~onda 3413~ F~'. 1.941.94%7345 Dear Mr. Lar~y: toca~d ~ the rear of I=~ I~ and ~3 on Ter~nO~ Drive In Pet~n Mars~ If you have ~Y queston~ ~a~G ~iS mawr, ¢~se ~ntact ~ ~t 941-9~7-~6 ~ Sincerely, Fax Note 767.._~1 ~- 3..,53"3 AGENDA MAY 2 8 2002 16-01 VPCYl : C~_D O3:43P DEVELOPMENT OFFICE 9~'1-596-2977 P.02 F~qOq~ N0. : 430166~ Oct. 12 2(~3[ 11:~3~ P2 LANDY ENGINEERING, September ] 3, 20(}1 INC. -o f Mr. G'r~g Wmland Sprint 3 ! 47 Davis Boule'yard Napl~, FL 3~106 Kc: TEKRA]~OVA mt PELIC.4N MARSIt De~ GTeg: A~ a follow-up to our rcccnt me¢6ng, enclosed lot' your review, piece find ~z follo~ng i~o~ztion: One (1) copY of~li~ted e~bit ~owing ~ of pro~s~ e~ement vanagon . ~e (1) copy of~i~ted plat ~e~=nova Umt One - P.B. 34, pag~ 6t & 62) , ~e ~ 1) Copy of a location map One (1) ~pyof]'~e 20, 200[ le:ter ~om~. Liz ~x~eyofw.C.l.. The o~=er ol ~e subj:ct prop~y would like to vacate ~e i0' U.E. indicated on ~e a~ke~ elevation 8.0' N'G~) ~e ~e,ter thm~ 20' ~om ~c r~ p~pe~ line. A 20' cl~ Oe~'een ~e prope~ l~e ~d ~= ~o) wi~ ,flu b~ avmlable for mmnte~g: p~ses. ~e ~ent i~ d~icat~ ~o S'prmt ~d vo~ o~ce do~ have ~Y f~ilifi~ m ~ ~ea. you.,' mee~n~ ~th ~e p~je¢{ develops. ~e~e fa~lities ~11 be rcl~ated, and yo~ office be compen~ed ~or ~i~ work. A "Le~ of No Objec6ou" ~om yo~ o~fice i~ r~red pdor ~o ,ch~.ul~g lb= pubhc for ~i, vaca~on. Ple~ ri~ew ~e enclos~ ~oma~on ~d ex~t= wh~c m~c~te4 below· If you have quesUo~, plebe do no~ beside to c~l. 4A'( 2 8 RO02 c% 05 01 gR~D~I : 09:07a Ma%%he~ Fiterman PHON~. 596-2977 p. 3 0c%. 03 2801 Ol:22PM Pa ( omcast O~ober 3. 2o01 litOhall J. Landy, P.E. 2780 Soultt Home~t~oe Drive Suite Na~es, FL 341O4 Request ~' a ~ of Review .nd Recommerctal~m on a Propoa~ Easement Vac~on of the Followi~ Location: 10' raar put~ic utility easeme~ lots 12. 13 Terranova ~ Pelican Dea¢' blt. Lnndy, Comcast ha~ no c4~ec~on with the vacation of ~ nbove refe.4'enced 10 foc~ uttl~ AC, rd~OA MAY 2 8 2002 Below is a list of all property owners within 250' of current easement at rear of Lots #12 and #13 of Terranova Unit One Subdivision / Lot # Terranova Lot #11 Ten'anova Lot #09 Ten'anova Lot Terranova Lot #10 Tanova ,_ot #53 Terranova Lot #54 Terranova Phase II Muirfield Lot #16 Muirf'~ld Lot #17 Owners Name, Address and Zip Code Lawrence Tomchin 2875 Needmore Road Dayton, OH 45414 Peter A. and Mimi C. Gregory 9033 Terranova Drive Naples, FI 34109 Patrick W. and Sandra Meggs 2045 Mont Claire Drive #201 Naples, FI 34109 Ground Development. Inc of Florida 6967 Verde Way Naples, FI 34108 Ground Development. Inc of Florida 6967 Verde Way Naples, FI 34108 Ground Development. Inc of Florida 6967 Verde Way Naples, FI 34108 Ground Development. Inc of Florida 6967 Verde Way Naples, FI 34108 Pelican Marsh Golf Club, Inc. 1210 Persimmon Drive Naples, FI 34109 David S. and Carol J. Pohlman 208 Carlyle Lake Drive Saint Louis, Mo 63141 James V. and Anita T. Davis 815 Forest Hills Dr. Nashville, TN 37220-2101 Parcel # # 731301O0269 # 73130100227 # 73130100201 # 73130100243 # 731301OO324 # 73130100340 # 0001777121702 # 66679495446 # 60695000468 # 60695000484 HAY 2 B 2002 STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL MEN BY THESE PRESENTS THAT GROUND DEVELOPMENT, A FLORIDA CORPORATION, AS THE OWNER OF THE LANOS DESCRIBED HEREON, HAVE CAUSED THIS PLAT ENTITLED TERRANOVA OF PELICAN MARSH, UNIT ONE, TO BE MADE ANO DO HEREBY DEDICATE AS FOLLOWS: TO THE "TERRANOVA HOMEWNERS ASSOCIATION, INC.", TRACT "A" AS A PRIVATE RIGHT-OF-WAY AND THE MAINTENANCE THEREOF. SUBJECT TO THE EASEMENTS HEREAFTER SET FORTH. 2) TO COLLIER COUNTY WATER/SEWeR DISTRICT - ALL UTIUTY EASEMENTS LABELED C.U.E. FOR THE PURPOSE OF INSTALLATION, OPERATION AND MAINTENANCE OF ITS FACILITIES. WITHOUT RESPONSIBILITY FOR MAINTENANCE OF THE EASEMENT AREA. TO THE COLLIER COUNTY WATER AND SEWER DISTRICT, ALL WATER AND SEWER FACILITIES TO BE CONSTRUCTED WITHIN THIS PLATTED AREA, UPON ACCEPTANCE OF THE IMPROVEMENTS REQUIRED BY THE APPLICABLE LAND DEVELOPMENT REGULATIONS. 4) TO COLLIER COUNTY, ITS FRANCHISES, AND NORTH NAPLES FIRE CONTROL DISTRICT, ACCESS OVER TRACT "A" AS SHOWN ON THIS PLAT FOR THE SOLE PURPOSE OF PERMITTING EMERGENCY AND OTHER SERVICE VEHICLES TO GAIN ACCESS TO ALL RESIDENCES AND FACILITIES. 5) TO FLORIDA POWER AND LIGHT COMPANY AND UNITI~D TELEPHONE COMPANY, THEIR SUCCESSORS, ASSIGNS AND SUBSIDIARIES - A NON - EXCLUSIVE UTILITY EASEMENT (U.E.) AS INDICATED ON THE PLAT FOR THE ~URPOSE OF CONSTRUCTION, iNSTALLATION, MAINTENANCE AND OPERATION OF ELECTRICAL AND TELEPHONE FACILITIES AND SERVICE EXCLUDING CABLE TELEVISION FACILITIES AND SERVICE, PROV1DED ALL SUCH USES ARE SUBJECT TO AND NOT INCONSISTENT WITH USE BY COLLIER COUNTY AND COLLIER COUNTY WATER-SEWER DISTRICT AS A C.U.E.. 6) TO CABLEVlSION PROVIDERS, THEIR SUCCESORS, ASSIGNS AND SUBSIDIARIES - A NON EXCLUSIVE UTIUTY EASEMENT (U.E.) AS INDICATED ON THE P~.AT FOR THE PURPOSE OF CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF CABLE TELEVISION FACILITIES AND SERVICES. NO CONSTRUCTION, INSTALLATION MAINTENANCE AND OPERATION OF CABLE TELEVISION FACILITIES AND SERVICE SHALL INTERFERE WITH THE ELECTRIC OR TELEPHONE , . THE EVENT SAID CABLE cOMPANY DAMAGES THE FACILITIES OF FACILITIES AND SERVICE IN ........ v ~cor~SIBLE FOR SAID DAMAGES. ALL BE :3U~.~L~ ANOTHER PUB C UTILITY, IT SH Tn A NOT iNCONSISTENT WITH USE BY PROVIDED ALLL~UCH USES ARE SUBJECT -- ..ND COLLIER CouNTY AND COLLIER COUNTY WATER-SEWER DISTRICT AS A C.U.E.. 7) TO THE 'TERRANOVA HOMEOWNERS ASSOCIATION, INC.', ALL DRAINAGE EASEMENTS (D.E.), LAKE MAINTENANCE EASEMENTS (L.M.E.), LANDSCAPE BUFFER EASEMENTS (L.B.E.) AND SIGN EASEMENTS (S.E.),WITH RESPONSIBILITY FOR MAINTENANCE. ' INAGE EASEMENTS (D.E.), LANDSCAPE BUFFER EASEMENTS 8) TO COLLIER COUNTY, ALL.D.R.A_ .... ,,,~,j~ ~ ~ W~TH NO RESPONSIBLITY FOR (L.B.E.) AND LAKE MAINTEN^L;~- ~n=:~'~'~ MAINTENANCE. 9) TO THE "TERRANOVA HOMEOWNERS ASSOCIATION, INC.", ALL pELICAN MARSH COkiMUNITY DEVELOPMENT DISTRICT - DRAINAGE EASEMENST (p.M.C.D.D. - D.E.) WITH NO RESPONSIBILITY FOR MAINTENANCE. 10) TO PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, ALL DRAINAGE EASEMENTS (p.M.C.D.D. - D.E.) AND LAKE MAINTENACE EASEMENTS (P.M.C.D.D. - L.M.E.) ~ AGENDAI~, RESPONSIBILITY FOR MAINTENANCE. N~_ WITN/~ DEVELOPER/owNER: GROUND DEVELOPMENT, INC. OF FLORIE A FLORIDA cORPORATION I'4AY 2 8 2002 FERRANOVA OF t Scale 1"= JO' TERRANOVA UNIT TWO ..... POS. Lot TERRAN P.B.