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Agenda 06/11/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 11,2002 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 SUBMITFED 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 June 11, 2002 INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. May 15, 2002 - Workshop C. May 30, 2002- Workshop (Ex e PROCLAMATIONS A. Proclamation recognizing Ted Tawney for his heroic efforts on 3anuary 25, 2002. To be accepted by Bob Herrington, HPO Manager. t SERVICE AWARDS FIVE-YEAR ATTENDEES: 1) Juanita Paniaqua, Parks and Recreation 2) Anthony Verlotti, Building Review and Permitting 3) Maria Rodriguez, Parks and Recreation 4) Donald Blalock, Information Technology 5) Margaret Bush, Water Treatment FIFTEEN-YEAR ATTENDEES: 6) Ramiro Ponce, Transportation Operations 7) Richard Noonan, Building Review and Permitting 8) Barbara Pitts, Library 2 June 11, 2002 TWENTY-FIVE YEAR A'n'ENDEES: 9) Pablo Salinas, Parks and Recreation PRESENTATIONS A. Award for Exemplary Food Service Program for the Summer Food Services Program. Presented by Senator Saunders. Award to Jim Thomas, Parks and Recreation, for Outstanding Support of the Summer Food Program Food and Nutrition Services. Presented by Senator Saunders. C. To accept the designation of Collier County as a "Stormready Community" from the National Weather Service. PUBLIC PETITIONS A. Public Petition request by Vera Fitz-Gerald to discuss Land Development Code issues. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS Petition PUDA-2001-AR-1404; Dwight Nadeau of RWA, Inc., representing Conquest Development USA, L.C., requesting an amendment to the Silver Lakes PUD to allow modification to the land use distribution table of the PUD. The subject property is located on the East side of Collier Boulevard approximately one and three quarter miles South of Tamiami Trail East and Collier Boulevard Intersection in Section 10, Township 51 South, Range 26 East, Collier County, Florida. This property consists of 146 acres. 3 June 11, 2002 Approve a Resolution adopting the County's Consolidated Plan amended one- year Action Plan FY2001-2002 as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and provide an effective date. Authorize Staff to establish interim development controls (moratorium) on the backlogged and constrained roadway segments of 'US 41, Vanderbilt Beach Road and Davis Boulevard (SR 84). 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Environmental Advisory Council. B. Appointment of member to the Golden Gate Area Master Plan Ad Hoc Advisory Committee. C. Appointment of member to the Collier County Water and Authority. Wastewater D. Appointment of members to the Hispanic Affairs Advisory Board. E. Appointment of member to the Emergency Medical Services Advisory Council. F. Appointment of member to the Immokalee EZDAJCRA Advisory Board. G. Discussion regarding impact fee updates. (Commissioner Coyle) H. Funding a Modified Summer Camp Program in Everglades City. (Commissioner Coletta) Discussion regarding commercial property Enforcement authority. (Commissioner Fiala) 4 June 11, 2002 maintenance and Code J. Hispanic Affairs Advisory Board request for the County Commission to support a "Living Wage"/Farm Worker/Agricultural Issues Forum and. Dialogue. K. Request to eliminate $700,000 FY02 Budget for Indigent Care Program. (Commissioner Coletta) L. Authorize staff to prepare grant application (s) requesting State and Federal funds to fund 100% of a local Primary Care Facility. (Commissioner Coletta) 10. COUNTY MANAGER'S REPORT A. This item has been deleted. Presentation of the revised Transportation 5-Year Road Plan and request the approval of an additional Senior Project Manager position to the Transportation Engineering and Construction Management Department, Fiscal Year 03 Cost $85,300. (Norman Feder, Administrator, Transportation Services) Request Board provide staff with direction in regard to landscape maintenance on Devonshire Boulevard. (Norman Feder, Administrator, Transportation Services) Dm THIS ITEM HAS A TIME CERTAIN OF 10:30 A.M. Update the Board of County Commissioners on the Southern Golden Gate Estates Hydrologic Restoration Plan. Presented by Carol Senne, Service Center Director, South Florida Water Management District. (James V. Mudd, Deputy County Manager) Request that the Board enter into a fifty-year lease agreement with the State of Florida for the use of the Florida Department of Transportation (FDOT) maintenance facility on Davis Boulevard for the purpose of transferring all Collier County Road and Bridge, Landscape and Roadway Drainage Maintenance Operations from the County Barn Road facility and to request the Board enter into an Interlocal Agreement for Asset Management with the FDOT for maintenance of all FDOT roadway within Collier County for an annual reimbursem.::,:~*,~, approximately $1,396,000 for services rendered. (Norman Feder, Administrator, Transportation Services) 5 June 11, 2002 Authorize the County Attorney to amend County Code of Laws and Ordinances, Section 66-116, creating stricter enforcement of public swimming pools currently exempt under Florida Statutes. (Dr. Joan Colfer, Director, Health Department) 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT THIS ITEM HAS A TIME CERTAIN OF 1:30 P.M. Approve Resolution 2002- to place on the November 5, 2002 General Election Ballot a question for the electors to approve the issuance of up to $75,000,000.00 in General Obligation Bonds payable from a levy of up to 0.25 Mill of Ad Valorem Taxes for a period of 10 years to fund the acquisition of environmentally sensitive lands. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Amendment to an existing Affordable Housing Density Bonus Agreement for Saddlebrook Village PUD. 2) Approve the release of Code Enforcement Board Lien Documents established in Collier County, Florida v. Bruce G. Wood/Bruce G. Wood Tr. 3) This item has bccn deleted. 4) Request to approve for recording the final plat of "Saturnia Lakes Plat Two", and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. 5)"Approve the release of Code Enforcement Board Lien Documents 'established in Collier County', ,.io,'ida v. Wendall L. Kramer, Salvatore F. Angileri, and Salvatore C. Grech. 6 June 11, 2002 6) Recommendation to approve Commercial Excavation Permit No. 59.810 "Hideout Fishing Lake", located in Section 24 and 25, Township 49 South, Range 26 East; bounded on the North by Brantley Boulevard, Hideout Golf Club and Land Zoned Agricultural, on the West by Land Zoned Estates, on the East by Hideout Golf Club, and on the South by Land Zoned Agricultural. 7) Approve the release of an easement no longer required recognizing the County has already received an equivalent permanent easement so as to accommodate the construction of residential dwelling units on platted lots in Carlton Lakes. B. TRANSPORTATION SERVICES 1) 2) Approve an Easement Agreement and accept a drainage easement for the Lely Area Stormwater Improvement Project at a cost not to exceed $1,900.00. Approve Change Order No. 2 for $225,815.89 with Florida State Underground, Inc., for additional construction services for the Radio Road/Davis Boulevard Intersection Realignment, Project No. 65031. 3) Approve Supplemental Agreement No. 2 to the Professional Services Agreement in the amount of $435,650 with CH2MHilI, Inc., for the design of Vanderbilt Beach Road improvements between Airport-Pulling Road and Collier Boulevard, Project No. 63051. 4) Approve Supplemental Agreement No. 3 to the Professional Services Agreement in the amount of $136,196 with CH2MHilI, Inc., for the design of Vanderbilt Beach Road improvements between Airport-Pulling Road and Collier Boulevard, Project No. 63051. 5) 6) This item has been deleted. Request approval of $250,000 for the CR 951 Project Development and Environment Study being conducted by Lee County from Immokalee Road in Collier County to Alico Road in Lee County. 7) Approve Work Order No. BRC-FT-02-03 for Better Roads Inc., to modify Radio Road Median Opening between Industrial Boulevard and Commercial Boulevard in the amount of $56,827, Project No. 60016. 8) Request the Board of County Commissioners approve change of name for a portion of former Radio Road to Radio Lane. Project No. 65031. 9) App. rove Amendment No. 2 for $213,490.20 to the contract for P~r?~:oss[- !~el Engineering Services by CH2Mhill for Immokalee Road (CR ~ ~.1 to 43r~ .~venue ME) Four Lane Desigr,, ?o!~.ct No. 60018. 10) Approve the reassignment of .county-owned property for use by the Transportation Division and the Emergency Services Division. 7 June 11, 2002 PUBLIC UTILITIES 1) Authorize amendment to Camp Dresser and McKee Inc., Golden Gate Wellfield Reliability Improvements Design Contract in the amount of $20,000. 2) Approve amendments to agreements with Florida Power and Light Company permitting the construction of a 16-inch reclaimed water main within FPL Power-Line Right-of-Way between Radio Road and Davis Boulevard. Transaction Cost should not exceed $30.00. 3) Approve a Resolution identifying the pledged revenues and authorizing the Public Utilities Administrator to submit an application for an estimated loan of $8,258,000; execute all documents related to the State Revolving Fund Number WWG 120597160 for the North County Water Reclamation Facility, Flow Equalization System, (Project No. 73077). 4) Approve Change Order to Construction Manager-At-Risk Contract for South County Water Reclamation Facility Expansion in the amount of $139,241, Contract 00-3171, Project 73949. D. PUBLIC SERVICES 1) Approve changes to Collier County Parks and Recreation Neighborhood Park and Tot Lot Policy Application and Criteria. 2) 3) Authorization to approve an Extension of an Agreement with the Southeastern Library Network (SOLINET) in the amount of $35,000 and permission for Chairman to sign agreement. Recommend that the Board of County Commissioners approve the utilization of four assisted living facilities and two home health care agencies for providing emergency respite for caregivers of elder clients, in an amount not to exceed $53,106. 4) Approve Summer Food Service Program Grant for Immokalee and Naples in the amount of $461,900. 5) Approve a license agreement with the Isles of Capri Civic Association to designate land for a future tennis court on Isles of Capri. 6) 7) This item has bccn deleted. Review a :,ji ose~., agreement with the State of Department of Environme~;'.', Protection for Property to be utilized as boat ramp parking in exchange for ,,aintenance of Shell Island Road. 8 June 11, 2002 E. ADMINISTRATIVE SERVICES 1) Award agreements for general contractors services, pursuant to RFP 02- 3349, at an estimated annual cost of $1,500,000 to Surety Construction Co., The Chris-Tel Co., William J. Varian Construction Co., Inc., Professional Building Systems and Brooks and Freund, LLC. 2) Award Annual Standardization of Biofilter Odor Control Units pursuant to RFP #02-3350, in the estimated amount of $400,000. 3) Approval of Budget Amendments for continued security staffing for the remainder of Fiscal Year 2001-02 in the amount of $59,000. 4) Recommendation to award annual contract for the purchase of Laboratory Chemicals and Supplies, Bid No. 02-3357, to Fisher Scientific Company, LLC and VWR International for the estimated amount of $40,000. EMERGENCY SERVICES COUNTY MANAGER 1) Request authorization for the County Manager and/or the Acting County Manager to approve Consent and Emergency Agenda Items during the Board's scheduled recess. (Tom Olliff, County Manager) H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) 2) Recommend that the Board of County Commissioners designate the Sheriff as the official applicant and program point-of-contact for the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Gr~-~ ~,,ogram, accept the Grant when awarded and approve applicable ~'"~ get am .~ndments. Recommend that the Board of (~unty Commissioners serve as the local coordinating unit of government in the Florida Department of Law 9 June 11, 2002 Enforcement's T.H.U.G.S. (Taking Hoodlums Using Guns Seriously) Byrne Grant Program, approve the Sheriff's Office Grant Application, accept the Grant, and approve Associated Budget Amendments. L. COUNTY ATTORNEY 1) Request by the Housing Finance Authority of Collier County for approval of resolution authorizing the Authority to issue multi-family housing revenue bonds to be used to finance qualifying apartment project. 2) Request for funding to pay arbitrator fees and costs in the Lely Barefoot Beach Guardhouse Case, in the amount of $20,000. 3) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Lee County Housing Finance Authority to issue single-family mortgage revettue bonds to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an interlocal agreement with the Lee Authority. 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. Am Petition CU-00-22, William Hoover, of Hoover Planning and Development, Inc., representing Yahl Mulching Inc., & Washburn Realty, LLC, requesting Conditional Use "2" of the "A" Rural Agricultural Zoning District to allow for the expansion of an existing horticultural mulching facility for property located on the South side of Washburn Avenue and approximately 2 miles East of Collier Boulevard (CR-951), in Section 31, Township 49 South, Range 27 East, Collier County, Florida. Be Ordinance amending Collier County Ordinance No. 95-67; also being a Resolution of Board of County Commissioners of Collier County, Florida, adopting Rules and Regulations of the ~ "~' County Airport Authority; trespasses; carrying concealed weapo.~ or co.' .ealed firearms; penalties; referrals within Collier County Goverm,.,nt' .,=thorizing Airport Authority employees to refer suspected violations for investigation or enforcement to outside law enforcement agencies; providing for inclusion of this ordinance into the Collier County Code of Laws and Ordinances; providing for Inclusion 10 June 11, 2002 of this Ordinance into the Collier County Code of Laws and Ordinances; providing for conflict and severability; providing for an effective date. Petition CCSL-2002-1-AR-2343, Annis Mitchell Cockney Edwards and Roehn, representing the Ritz Carlton, requesting a Coastal Construction Setback Line Variance to construct two (2) gazebos and a storage box for storage of beach equipment at the Ritz Carlton, Naples "Hotel Site" as described in O.R. Book 1073 Page 1474 and Annex Park Site as described in O.R. Book 1181 Page 1660, all located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 June 11, 2002 AGENDA CHANGES BOARD OF COUNTY COMMTSS'rONERS' MEETI'N~ .lune 11, 2002 CON1/NUE I'TEH 10(B} TO 6/25/02 BCC HEET/NG: Presentation of the revised Transportation 5-Year Road Plan and request the approval of an additional Senior ProJect Hanager position to the Transportation Engineering and Construction Hanagement Department, Fiscal Year 03, Cost $85,300. (Commissioner Coyle request.) CONT/NUE I"TEH 10(E) TO 6/25/02 BCC HEETTNG: Request that the Board enter into a fifty-year lease agreement with the State of Florida for the use of the Florida Department of Transportation (FDOT) maintenance facility on Davis Boulevard for the purpose of transferring all Collier County Road and Bridge, Landscape and Roadway Drainage Haintenance Operations from the County Barn Road facility and to request the Board enter into an [nterlocal Agreement for Asset Hanagement with the FDOT for maintenance of all FDOT roadway within Collier County for an annual reimbursement of approximately $1,396,000 for services rendered. (Staff request.) HOVE TI'EH 16(C)1 TO 10(G}: Authorize amendment to Camp Dresser and HcKee, Inc., Golden Gate Wellfield Reliability Improvements Design Contract in the amount of $20,000. (Commissioner Carter request.) CONTINUE 1TEH 16(D}1 TO 6/25/02 BCC MEETING: Approve changes to Collier County Parks and Recreation Neighborhood Park and Tot Lot Policy Application and Criteria. (Commissioner Coyle request.) HOVE 16¢D}5 TO 10(H): Approve a license agreement with the Isles of Capri Civic Association to designate land for a future tennis court on [sles of Capri. (Commissioner Coyle request.) DELETE I'FEH 16(G)1: Request authorization for the County Hanager and/or the Acting County Hanager to approve Consent and Emergency Agenda items during the Board's scheduled recess. (Staff request.) MOVE I'rEH 17(A~ TO 8(D): Petition CU-00-22, William Hoover, of Hoover Planning and Development, Inc., representing Yahl Mulching, Inc., IA Washburn Realty, LLC, requesting Conditional Use "2" of the "A' Rural Agricultural Zoning District to allow for the expansion of an existing horticultural mulching facility for property located on the south side of Washburn Avenue and approximately 2 miles east of Collier Boulevard (CR- 951), in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (Commissioner Coletta request.) MOVE Z'I'EM 17(C~ TO 8(E}: Petition CCSL-2002-1-AR-2343, Annis Mitchell Cockney Edwards and Roehn, representing the Ritz Carlton, requesting a Coastal Construction Setback Line Variance to construct two (2) gazebos and a storage box for storage of beach equipment at the Ritz Carlton, Naples "Hotel Site" as described in O.R. Book 1073, Page 1474 and Annex Park Site as described in O.R. Book 1181, Page 1660, all located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (Commissioner Carter and Commissioner Fiala request.) NOTE: Staff General Communications: Discussion to develop a Special Events Ad Hoc Committee to develop and recommend community-wide events. (John Dunnuck, Public Services Administrator.) Update of Domestic Animal Services practices relating to dangerous dogs. (John Dunnuck, Public Services Administrator.) EXECUTIVE SUMMARY TO ACCEPT THE DESIGNATION OF COLLIER COUNTY AS A "STORMREADY COMMUNITY" FROM THE NATIONAL WEATHER SERVICE OBJECTIVE: To receive and accept the official notification and designation of Collier County as a StormReady Community fi.om the National Weather Service. CONSIDERATION: new, proactive approach to improving local emergency managers with clear-cut guidelines operations. To be officially StormReady, a community must: The StormReady Community program encourages communities to take a hazardous weather operations by providing on how to improve their hazardous weather · Establish a 24-hour warning point and emergency operations center · Have more than one way to receive severe weather warnings and forecasts and to alert the public · Create a system that monitors weather conditions locally · Promote the importance of public readiness through community seminars · Develop a formal hazardous weather plan, which includes training severe weather spotters and holding emergency exercises. Recognition shall be for a period of three years from the date of the formal announcement. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners accept the presentation designating Collier County as a StormRea ly Community fi.om the National Weather Service SUBDffI'TED BY.'/~~//i'L/ nCy Coor to APPROVED~~_. Date. ~'~ . .  nneth Pineau, Interim Emergency Services Admlmstrator COLLIER COUNTY MANAGER'S OFFICE June 3,2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Ms. Vera Fitz-Gerald 634 107th Avenue North Naples, FL 34108 Re: Public Petition Request to Discuss Land Development Code Issues Dear Ms. Fitz-Gerald: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 11, 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, Thomas W. Olliff County Manager '"'- TWO:jeb cc: David Weigel, County Attorney Joe Schmitt, Community Development Administrator Michelle Arnold, Code Enforcement Director j '~ A(3ENi;~ ITi~M ~ JV;'~ Il 20112 MAh~--24--2002 12:21 PM BCC Agend~,,Ma¥ 28 mailbox',/C%TC/Progra~%20Fi~s/Nctsc&Pe/User~"'S~nt?ld=3CDC Subject: BCC Agenda May 28 Date: Fri, 10 May 2002 14:55:33 -0400 From: Vera Fitz-Oezald <urn2 ! $$8~naples.net> To: TommOlliff~¢olliergov.com County Manaqer, I hereby request time on the Public PetitiOns section of the BCC agenda on Hay 28th. the reason I wish to speak to the Board is that I have encountered several items or deficiencies in the %and Deveio.Dment Code that I believe should be addressed. One of them is the lack of a maximum Duildinc height. We have a ~inimum of 18" from thc conter of the road but no ~a~m~:m which can and has caused problems ~o~ abutting prope=t~es. Secondly, the side yard set-bacWs for a 100 foot lot in Naples ~arW has been changed from 15' to 7.5' No notice was given to resident~ or civic groups in Naplns ~arR. I believe we can thank N%~o for this. This has given r~$e to "monster" houses. There is also a problem with ~-ca].led rear yard accessory structures which allows 9omo to practically cover ~he entire lot. I also have found out that this County has no noxtous weeds ordinance which is really ~ard tc believe. It is well and truly needed. There are about five things that ! would like to bring to the Board's attention, all of them havinq to ~0 with building codes, or code enforcemen~ items. Please advise. Thank you, Vera Fit=-Gezald 634 - 1G7th Ay N Naples Park, FL 34108 (230~ 59~-5648 1 ofl 12:12 PM EXECUTIVE SUMMARY PETITION PUDA-2001-AR-1404: DWIGHT NADEAU OF RWA, INC., REPRESENTING CONQUEST DEVELOPMENT USA, L.C., REQUESTING AN AMENDMENT TO THE SILVER LAKES PUD TO ALLOW MODIFICATION TO THE LAND USE DISTRIBUTION TABLE OF THE PUD. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD APPROXIMATELY ONE AND THREE QUARTER MILES SOUTH OF TAMIAMI TRAIL EAST AND COLLIER BOULEVARD INTERSECTION IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THIS PROPERTY CONSISTS OF 146 ACRES. OBJECTIVE: To have the Board of County Commissioners consider an application seeking to amend the current Silver Lakes PUD for the purpose of altering the internal tract acreages of the PUD while maintaining the community's interest. CONSIDERATIONS....'. Silver Lakes PUD is a travel trailer park approved on May 22, 1990 and was subsequently amended on September 21, 1991(Ordinance # 91-90). This current request is to amend the PUD Document and Master Plan to increase the area of the conservation tract from 3 to 26 acres, reduce the Park/TTRV area fi'om 26 to 24 acres, reduce the buffer area fi.om 5 to 3 acres, reduce the' commons/recreation area from 97 acres to 78 acres, and to reconfigure the development tracts within the park. These changes are the result of the State and Federal environmental permitting requirements and also the desire of the applicant to provide an acceptable 9-hole golf course for the residents of the development. The existing PUD, as currently approved, contains several small pockets of preserves. The developers have built a golf course over these preserves. They also built a part of the golf course over a park/TTRV tract. This amendment is intended to make the PUD document and Master Plan agree with the improvements in place. The PUD also contained a recreation tract on the northern portion of the project. Most of the existing recreational tract is proposed to become conservation/preser"e tract with a small potion of it remaining as recreation tr,ct. The petitioner also proposes to expand a park/TTRV tract on the north side to compensate for the loss of park/TTRV tract on the south side. The overall density and number of units will not change, but will be relocated on the property. These changes will not affect the requirements of the Growth Management Plan. FISCAL IMPACT: This petition is for a reconfiguration of existing tracts within an approved and substantially built- out PUD. No additional fiscal impacts are anticipated. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban - Mixed-Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits TTRV Parks at a density consistent with that allowed in the LDC, if compatible with the surrounding area, and if the site has direct access to an arterial road. S.R. 951 is and arterial road and the LDC allows TTRV Parks at a maximum density of 12 units per acre. Based on the above analysis, the proposed PUD amendment is deemed consistent with the Future Land Use Element of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no unusual environmental issues with this PUD Amendment request. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC reviewed the proposed changes to the Silver Lakes PUD on August 7, 2001 and by a unanimous vote recommended approval. However, due to a potential problem with the advertising to the EAC, this petition was re-advertised and re-reviewed by the EAC on November 7,2001. At this hearing the EAC unanimously recommended approval of this petition subject to relocation of the Commons/Recreation (CR) Tract from the west side of the northern tract to the east side of the tract, and the reduction of the area of the said CR tract to three acres. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on December 6, 2001 and by a unanimous vote recommended approval, including the EAC's recommendation (relocation of the Commons/Recreation (CR) Tract from the west side of the northern tract to the east side of the tract, and the reduction of the area of the CR tract to three acres). PLANNING STAFF RECOMMENDATION: Staff recommended that the Collier County l'lanning Commission (CCPC) PUDA-2001-AR-1404 to the BCC with a recommendation for approval. forward Petition 2 fl'EM 2002 PREPARED BY: FI~DJ~EISCHL, AICP PRI'I~IPAL PLANNER DATE REVIEWED BY: uRRA?, AICP' / DATE CURRENT PLANNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: J~bSt~PH K. ScflqMITT DATE (~MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: PUDA-2001-AR-1404 3 JUN 1 I 2002 AGENDA ITEM 8-D MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION OCTOBER 11, 2001 PETITION NO: PUDA-2001-AR-1404, SILVER LAKES PUD OWNER/AGENT: Owner: Conquest Development USA, L.C. Wayne Henuset and William Bridgett 1001 Silver Lakes Boulevard Naples, FL. 34114 Agent: REQUESTED ACTION: Dwight Nadeau RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL. 34104 This petition seeks to have the Silver Lakes PUD amended to allow modification to the land use distribution scheme of the approved PUD. GEOGRAPHIC LOCATION: The Silver Lakes PUD is located on Collier Boulevard (SR-951) approximately one and three quarter miles south from the Tamiami Trail and Collier Boulevard intersection in Sections 10 and 15, Township 51 South, Range 26 East, Collier County, Florida (See location map following page). JUN 1 1 2002 PUDA-2001-AR-1404 Silver Lakes PUD PURPOSE/DESCRIPTION OF PROJECT: Silver Lakes PUD is a travel trailer park approved on May 22, 1990 and was subsequently amended on September 21, 1991(Ordinance # 91-90). This request is to amend the PUD Document and Master Plan to increase the area of the conservation tract from 3 to 26 acres, reduce the Park/TTRV area from 26 to 24 acres, reduce the buffer area from 5 to 3 acres, reduce the commons/recreation area from 97 acres to 78 acres, and to reconfigure the development tracts within the park. These changes are the result of the State and Federal environmental permitting requirements and also the desire of the applicant to provide an acceptable 9-hole golf course for the residents of the development. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: -Travel Trailer Park, zoned PUD Nodh- Vacant, zoned "A" Agricultural. East - Vacant, zoned PUD (Champion Lake RV Resort) South- Travel Trailer Park, zoned PUD (Pelican Lake). West- Vacant, zoned "A" Agricultural. GROWTH MANAGEMENT PLAN CONSISTENCY: No growth management plan consistency analysis is necessary by this amendment as various elements of the GMP are unaffected by a revision to the modification to the land use distribution scheme of the approved PUD. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. The PUD Document shall contain the following information: 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 any 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 FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: JUN 1 1 2002 This amendment has no relationship to the jurisdictional concems of required reviewing agencies and staff such as Transportation, Engineering, Utilities and the like as it only deals with a dimensional development regulation and as such has no relationship to infrastructure. ANALYSIS: This PUD, as approved, contains several small pockets of preserves. The developers have built a golf course over these preserves. They also built a part of the golf course over a paridttrv tract. This amendment is intended to make the PUD document and Master Plan to agree with the improvement on the ground. The PUD also contained a recreation tract on the northern portion of the project. Most of the existing recreational tract will become conservation/preserve tract with a small portion of it remaining as recreation tract. They are also proposing to expand a park/ttrv tract on the north side to compensate for the loss of park/ttrv tract on the south side to the golf course. The overall density and number of units will not change, they will onlY be relocated on the property. These changes will not affect the requirements of the Growth Management Plan. ENVIRONMENTAL RELATIONSHIPS: The EAC reviewed the proposed changes to the Silver Lakes PUD on August 7, 2001 and by a unanimous vote recommended approval. However, due to a potential problem with the advertising to the EAC, this petition was re-advertised and re-reviewed by the EAC on November 7, 2001. At this hearing the EAC unanimously recommended approval of this petition subject to relocation of the Commons/Recreation (CR) Tract from the west side of the northern tract to the east side of the tract, and the reduction of the area of the said CR tract to around one acre. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDA-2001-AR-1404 to the BCC with a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP DATE PRINCIPAL PLANNER JUN 1 1 2002 REVIEWED BY: .,/'~USAN MURRAY, AICP CURRENT PLANNING MANAGER INTERIM PLANNING SERVICES DIRECTOR DATE Z~._2.,~__.~/ DATE APPROVED BY: JOHN ~. DUNNUCK III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: PUDA-2001-AR-1404 This petition has been tentatively scheduled for January 8, 02, BCC Public Hearing. JOYCEA~NA J. RAUTIO, CHAIRMAN JUN ll 2002 Item V. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 7~ 2001 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development Amendment No. PUDA-2001-AR- 1404 Silver Lakes PUD Conquest Development U.S.A., L.C. RWA, Inc. Butler Environmental, Inc. II. III. LOCATION: The subject property is located on the east side of Collier Boulevard, approximately 1.5 miles south of the intersection of U.S. 41 and Collier Boulevard in Sections 10 & 15, Township 51 South, Range 26 East, Collier County, Florida. The western boundary of the property is immediately adjacent to Collier Boulevard. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include both developed and undeveloped parcels. ZONING DESCRIPTION N - Agricultural Undeveloped Estates Undeveloped PUD (Champion Lakes RV Resort) PUD (Pelican Lake) Undeveloped Developed MH (Quails Roost Mobile Home Park) PUD (Champion Lakes RV Resort) Developed Undeveloped W - Agricultural C-5 PROJECT DESCRIPTION: Partially Developed Develope~ ' JUN 2O02 I I EAC Meeting Page 2 of 9 Ve The petitioner seeks approval of a PUD amendment to the Silver Lakes PUD from the original PUD approved in 1991 via PUD-89-15. This amendment will increase the area of the Conservation tract from 3 acres to 26 acres, reduce the park/TTRV area from 26 acres to 24 acres, reduce the Buffer areas from 5 acres to 3 acres and reduce the Commons/Recreation areas from 97 acres to 78 acres. These changes will allow the applicant to comply with the requirements of the State and Federal permitting. In order to achieve the above-mentioned changes, it is necessary to relocate some of the Park/TTRV lots on the site. GROWTH MANAGEMENT PLAN CONSISTENCY: Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, storrnwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". JOhl 1 1 2002 EAC Meeting Page 3 of 9 VI. Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- development hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity". This petition is consistent with staff's policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 25% on-site native vegetation preservation pursuant to Policy 6.4.6. MAJOR ISSUES: Water Manaeement: The existing surface water management system consists of interconnected lakes and swales that provide for water quality retention and peak flow retenl ~on. ~ _ ~ JUN 1 1 2002 EAC Meeting Page 4 of 9 proposed changes will be required to demonstrate compliance with SFWMD rules and regulations. Environmental: Site Description: An Environmental Impact Statement (EIS) was performed on the 37.3 acre undeveloped portion of the PUD, immediately north of the Deltona Settlement Agreement line. Native vegetation' in this portion of the PUD consists of pine flatwoods, wetland forested mix, mixed wetland hardwoods and wax myrtle/scattered cabbage palm, all of which have been determined to be jurisdiction wetlands by the State and Federal permitting agencies. The remainder of the PUD is within the Deltona Settlement Agreement and currently developed as a mobile home park. FLUCFCS Code 617 Mixed Wetland Hardwood JUN 1 1 2002 EAC Meeting Page 5 of 9 FLUCFCS Code 4119M 1 Pine Flatwoods with Exotics, Hydric According to the Collier County Soil Survey prepared by the Natural Resources Conservation Service (NRCS), two soil types are found on the project site, Oldsmar Fine Sand (Unit 16) and Holopaw Fine Sand (Unit 27). The approximate boundaries of the soils as mapped out by the NRCS are shown as Exhibit E of the Environmental Impact Statement (EIS). Holopaw Fine Sand (Unit 27) is listed as a hydric soil by the NRCS. Seasonal high water levels for the project were determined using piezometers that were installed throughout the Silver Lakes property in 1990. Throughout the monitoring period the recorded water levels ranged from 1.03 to 3.61 feet NGVD with an average ground elevation of 3.50 feet NGVD. The permitted control elevation for the site is 3.00 fi NGVD. The piezometer readings are included in Exhibit L of the EIS. Wetlands: The South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (ACOE) have exerted jurisdiction over the entire northern 37.3 acres of the PUD. The project as proposed will result in approximately 11.7 acres of direct impacts to jurisdictional wetlands. Compensation for wetland impacts will include the preservation and enhancement of the remaining 25.9 acres of wetland habitat on site. Enhancement will include removal of any agricultural berms and ditches within the preserve, and removal of nuisance and exotic species such as Brazilian pepper, Melaleuca and earleaf Acacia. Additionally, in a recent submittal to the SFWMD, it has been proposed that mitigation credits for 4.89 acres be purchased from Panther Island Mitigation Bank, or similar type bank. Preservation Requirements: The project will preserve approximately 25.9 acres (69.5%) of the native vegetation within the portion of the PUD outside the bo. undary of the Deltona Settlement Agreement. This exceeds the 25% native vegetation preservation requirement in section 3.9.5.5.3 of the Land Development Code. The remaining (southem portion) of the PUD is identified as an area to be developed within the Deltona Settlement Agreement. No preservation on native vegetation is required in this portion of the PUD. 2002 EAC Meeting Page 6 of 9 THE D~LTONA CORPOP~,TION l// VII. Listed Species: A listed species survey was conducted during the months of August and November 2000, with pedestrian transects performed in all habitat types found on site. No listed species or evidence of listed species, were observed on site during the survey or during other field investigations on site. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment No. PUDA-2001-AR-1404 "Silver Lakes PUD" with the following stipulations: Water Management: No stipulations. JUN 11 21 2 n., £AC Meeting Page 7 of 9 Environmental: No stipulations. JUN 1 1 2002 EAC Meeting Page 8 of 9 PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II DATE REVIEWED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE SUSAN MURRAY, AICP CURRENT PLANNING MANAGER DATE THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE JUN 1 1 20132 EAC Meeting Page 9 of 9 APPROVED BY: JOHN M. DUNNUCK, III INTERIM COMMUNITY ADMINISTRATOR DEVELOPMENT ENVIRONMENTAL ADVISORY COUNCIL DATE & ENVIRONMENTAL SERVICES THOMAS W. SANSBURY, CHAIRMAN SL/gdh/c: StaffReport 20O2 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF AUGUST 1~ 2001 Item V. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/DeVeloper: Engineering Consultant: Environmental Consultant: Planned Unit Development Amendment (Insubstantial) No. PDI-2001-AR-471 Silver Lakes PUD Conquest Development U.S.A., L.C. McAnly Engineering and Design, Inc. Butler Environmental, Inc. II. III. LOCATION: The subject property is located on the east side of Collier Boulevard, approximately 1.5 miles south of the intersection of U.S. 41 and Collier Boulevard in Sections 10 & 15, Township 51 South, Range 26 East, Collier County, Florida. The western boundary of the property is immediately adjacent to Collier Boulevard. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include both developed and undeveloped parcels. ZONING DESCRIPTION N - Agricultural Undeveloped Estates Undeveloped S - PUD (Champion Lakes RV Resort) Undeveloped PUD (Pelican Lake) Developed E - MH (Quails Roost Mobile Home Park) Developed PUD (Champion Lakes RV Resort) Undeveloped W - Agricultural C-5 PROJECT DESCRIPTION: Partially Developed Developed JUN 1 1 21)02 EAC Meeting Page 2 o£9 Ve The petitioner seeks approval of an insubstantial amendment to the Silver Lakes PUD Master Plan from the design that was approved via PUD-89-15, when the PUD was approved in 1991. This amendment will increase the area of the Conservation tract from 3 acres to 26 acres, reduce the park/TTRV area from 26 acres to 24 acres, reduce the Buffer areas from 5 acres to 3 acres and reduce the Commons/Recreation areas from 97 acres to 78 acres. These changes will allow the applicant to comply with the requirements of the State and Federal permitting. In order to achieve the above-mentioned changes, it is necessary to relocate some of the Park/TTRV lots on the site. GROWTH MANAGEMENT PLAN CONSISTENCY: Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding tra~. sitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may for public also include restoration of previously disturbed wetlands or acquisition preservation of similar habitat". JUN 1 1 2002 EAC Meeting Page 3 of 9 Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- development hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity". This petition is consistent with staff's policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 25% on-site native vegetation preservation pursuant to Policy 6.4.6. VI. MAJOR ISSUES: Water Management: The existing surface water management system consists of interconnected lakes and swales that provide for water quality retention and peak flow r ~tenticm The JUN 1 1 21 2 - ~.~ EAC Meeting Page 4 of 9 proposed changes will be required to demonstrate compliance with SFWMD rules and regulations. Environmental: Site Description: An Environmental Impact Statement (ELS) was performed on the 37.3 acre undeveloped portion of the PUD, immediately north of the Deltona Settlement Agreement line. Native vegetation in this portion of the PUD consists of pine flatwoods, wetland forested mix, mixed wetland hardwoods and wax myrtle/scattered cabbage palm,, all of which have been determined to be jurisdiction wetlands by the State and Federal permitting agencies. The remainder of the PUD is within the Deltona Settlement Agreement and currently developed as a mobile home park. FLUCFCS Code 617 Mixed Wetland Hardwood JUN 1 1 2002 EAC Meeting Page 5 of 9 FLUCFCS Code 4119M1 Pine Flatwoods with Exotics, Hydric According to the Collier County Soil Survey prepared by the Natural Resources Conservation Service (NRCS), two soil types are found on the project site, Oldsmar Fine Sand (Unit 16) and Holopaw Fine Sand (Unit 27). The approximate boundaries of the soils as mapped out by the NRCS are shown as Exhibit E of the Environmental Impact Statement (EIS). Holopaw Fine Sand (Unit 27) is listed as a hydric soil by the NRCS. Seasonal high water levels for the project were determined using piezometers that were installed throughout the Silver Lakes property in 1990. Throughout the monitoring period the recorded water levels ranged from 1.03 to 3.61 feet NGVD with an average ground elevation of 3.50 feet NGVD. The permitted control elevation for the site is 3.00 ft NGVD. The piezometer readings are included in Exhibit L of the EIS. Wetlands: The South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (ACOE) have exerted jurisdiction over the entire northern 37.3 acres of the PUD. The project as proposed will result in approximately 11.7 acres of direct impacts to jurisdictional wetlands. Compensation for wetland impacts will include the preservation and enhancement of the remaining 25.9 acres of wetland habitat on site. Enhancement will include removal of any agricultural berms and ditches within the preserve, and removal of nuisance and exotic species such as Brazilian pepper, Melaleuca and earleaf Acacia. Additionally, in a recent submittal to the SFWMD, it has been proposed that mitigation credits for 4.89 acres be purchased from Panther Island Mitigation Bank, or similar type bank. Preservation Requirements: The project will preserve approximately 25.9 acres (69.5%) of the native vegetation within the portion of the PUD outside the boundary of the Deltona Settlement Agreement. This exceeds the 25% native vegetation preservation requirement in section 3.9.5.5.3 of the Land Development Code. The remaining (southern portion) of the PUD is identified as an area to be developed within the Deltona Settlement Agreement. No preservation on native vegetation is required in this portion of the PUD. no._.:__ 0 JUN1 1 2002 EAC Meeting Page 6 of 9 THE D~- LTONA COR POP ~.TION ,/ VII. Listed Species: A listed species survey was conducted during the months of August and November 2000, with pedestrian transects performed in all habitat types found on site. No listed species or evidence of listed species, were observed on site during the survey or during other field investigations on site. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment (Insubstantial) No. PDI-2001-AR-471 "Silver Lakes PUD" with the following stipulations: Water Management: JUN 1 1 2002 EAC Meeting Page 7 of 9 No stipulations. Environmental: No stipulations. JUN 1 I 21)02 EAC Meeting Page 8 of 9 PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER SUSAN MURRAY, AICP INTERIM CURRENT PLANNING MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE DATE DATE DATE JUN 1 1 2002 EAC Meeting Page 9 of 9 APPROVED BY: JOHN M. DUNNUCK, III INTERIM COMMUNITY ADMINISTRATOR DEVELOPMENT ENVIRONMENTAL ADVISORY COUNCIL DATE & ENVIRONMENTAL SERVICES THOMAS W. SANSBURY, CHAIRMAN SL/gdh/c: StaffReport JUN I 1 2002 - PETITION N~Uq4B E R DATE PUDA-2001-AR-1404 PROJECT #19990257 DATE: $/31/01 CHAHR_AM BADAMTCHIAN APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO ~ENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING Name of Applicant(s) Conquest Development U.S.A., L.C. Applicant's Mailing Address 1001 Silver Lakes Blvd. City Naples State Florida Zip 34114 Applicant's Telephone Number: Res.: Bus.: 775-2575 Is the applicant the owner of the subject property? X Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. if space is inadequane, atnach on separate page.) JUN 1 1 2002 Name of Agent Dwight Nadeau Firm RWA, Inc. Agents Mailing Address 3050 N. Horseshoe Dr., Ste. 270 City Naples Telephone Number: Res.: State Florida Zip 34104 N/A Bus.: 649-1509 PUD ORDINANCE NAME AND NUMBER: Silver Lakes, Ord. No. 91-90 Provide Legal (if PUD Recorded) or Graphic Description Of Area Of Amendment (this may be graphically illustrated on Amended PUD Master Plan). If portion of PUD, provide legal for subject portion. The subject property being approximately 146 acres is described as the South ~ of the Southeast ~ of Section 10, Township 51 South, Ranqe 26 East, lying East of State Road 951, Collier County, Florida, and the South ~ of thc Southwest ~ of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the North 220.00 feet of the North ~ of the North Section 15, Township 51 South, Range 26 East, lying East State Road 951, Collier County, Florida Address or location of subject property 1001 Silver Lakes Blvd. Naples, FL 34114 Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No TYPE OF AMENDMENT: X A. PUD Document Language Amendment X B. pUD Master Plan Amendment C. Development Order Language Amendment nn~ ~MENT ~Tv T.~T~U THE COMPREHENSI%~ Yes No If no, exeiain: JUN 1 1 2002 !0. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY W~TniN THE LAST YEAR? IF SO, IN WHOSE N.~J~E? No ~LAS PiNY PORTION OF THE PUD BEEN Yes SOLD A!~D/OR Yes DEVELOPED? ARE }2~f CHANGES PROPOSED FOR THE AREA SOLD A!qD/OR DEVELOPED ? X Yes. No. IF YES, DESCRIBE: (ATTACH A/DDITIONAL SHEETS IF NrECESSARY) · Infrastructure to support 374 park/travel trailer lots, and 149 recreational residence lots has been constructed in thc following manner: Phase One (Plat Book 20, Pages 91 and 92); Phase Two-A (Plat Book 24, Pages 54 and 55); Phase Two-B (Plat Book 25, Pages 69 and 70); Phase Two-C (Plat Book 27, Pages 74 and 75); Phase Two-D (Plat Book 29, Pages 34 and 35; Phase Two-E (Plat Book 31, Pages 45-47); Phase Two-F (Plat Book 33, Pages 37 and 38). Phases One, Two-A, and Two-C have received Final Acceptance, and Phases Two-B, Two-D, Two-E, and Two-F have received Preliminary Acceptance. As o£ February 22, 2001, 331 park/travel trailer lots have been sold, and 130 recreational residence lots have been sold. L JUN 1 1 2002 AFFIDAVIT ~ !, William E. Bridqett being first duly sworn, depose and say that I am an owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. ~il'iiam E. B~i'dge~{ Co -Owner State of County of SIGNATURE OF OWNER / / ~I~NATURE OF AGENT Dwight Nadeau, RWA. Inc. e fore oi,n Ap !ication was ack.~owledged before.n~e this Th - g g _ . . ~ .±~--~s~onally~,h,no~ to me or who nas prouuc=u i~t~~{i~J9 li~ as identification and who did (did not) take an oath. My Commission Expires: JUN 1 1 2OO2 - AFFIDAVIT i, .Wayne H. Henuset being first duly sworn, depose and say that I am an owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. Wayne H. Henus~ Co - Owner SIGNATURE OF OWNER State of Florida County of Collier is take an oath. The foregoing ~pplication was acknowledged befpre me this ~- day of /7~,$/- , 20~' by ~/~2'~/~ /~. ~-4~Z~'/4~/- , who personally known to me ~r who k~s produc=d- ~ident~4_~t4~ _~ _on~and ' ~id nct)'-~ MORRIS H. SMELTZ NOTA_RY PUBL! C Commission ~ ~4ORR~S H. S),~SL~ l'~v Commission Expires: ~vin;~ ~f ~m~ ~U'--D'\ DO A] ON/md/a'_:28 JUN 11 2002 This instrument prepared bYFcOLLiE~ COUHTY DkVID C. BOURGEAU /.~-f~ODSVmu BRUGG~R, R~TNA & BOURGEAU ~ A 6~0 ~-~h Avenue Sou~.., :"ire 210 ~~pies, Florida 33940 ...... Froperuy Appraiser's.. _ _ Parcel_ idennificaLion Nu~er: 0074200009 ~nd 0071840000 Gran~ee(s) S.S. IBB'Z.SEP.-8 PI! 3: 1~' RECORDED THIS ZNSTRUKENT WAS PREPARED WITHOUT T~E BENEFIT OF LEGAL OPINION OR TITLE E)~INATiON WAP3~.N~Y DEED THIS WARR~.NTY DEED made thig 20th day o~ Auzust !992~ by GEORGE T. DOWNEY and SANDR3. G. DOWNEY, husband and wife, hereinafter called the Grantors,! to CONQUEST DEVELOPMENT U.S.A., L.C. , a Florida Limited Liability Company, whose'..pos% office address is Post Office ~ox 758, Me,c0 ls!~n~, F~oride' 3398S ' hereinafter called the Grantee: WiTNESSETH: That the Grantors, for and'in consld~r'ation of the sum of $!0.00 and other valuable considerations, ~cEiD% whereof is hereby acknc~!edged, hereby gran~, bargain, sell, ~'!'~n, rem!se, release, convey and confirm, unto ~he Gran~ee all tha~<ceruain !and situate in Collier County~ State.of Florida, viz: -';~ r:, See Exhibit "A" :attached hereto [ . :'~'}!,~: ~,2 and incorporated herein...~.-~ · C~ ~ ~L~ SU~ECT to zoning, building code and c~her'.res~rictlons ~ f_.~ o '~ ~ imposed by governmen~a~ authority, rese~¢a~.o'n of oil, ~i L~~q gas and mineral inuerests~ restrictions and e~semenzs of E '- ~ record, and ad valorem real proper~y ~a%~s accruing ~ ~ subsequent ~o Dece~er..31, !991. . ~ SU~ECT A~O ~o %he fo!lowing mortgag~ which ~he ~ Gran:,e hereby assumes and agrees to pay~ Mortgage from R.~ Elliot Aronheim, hnd. Doran . L. Bouc~ard to Dr. A,. E. P_hoden, dated AugQsu 8, 1988, ~nd recorded August !7, '1988 in O.R. B~0k 1373, Page 971, Public Records of Collier Count~', Florida. Mortgage from George T. Downey and Sa~ra G. Downey to William E. Bridget-, Sandra L. Bridg~tt and Wayne F. Henuset, dated~ Dece~er 8, !988, ~nd recorded Decemmer !4, 19881, in O.R. 5cch 1~915~, Page I!S, Public Records of ~Col!ier Ccunty~ Florida. TOGETHER, wiuh ail ter:ementmv heredita~ents and eppur~_enances %hereto belonging or in anywise appertaining. mO .......... '-'~V? AND T'C, HOLD, une tame in fee s~=~-.~-=_= ~-~=.w=~ JUN 1 1 20D2 AND the Grantors ho~ebx,__ . covenanL with _=a~id Gr:an~ee ~hat the Grantors are lawfully seized of said land in ~ee si.~!e; th~ the Grantors have good right and la~fu! au~hcri%y to s!~l! and convey said land, and hereby warrant .the title to said 7. Ian~ and wi!~ defend the same agains~ ~he lawful claims of':.'a!! persons whomsoever; and that said land is free of all encumbrances,' excapm taxes accruing subsequent to December 31, !99!~ -'.'-' IN WITNESS WHEREOF, the said Grantors have si?n~d and sealed .these oresenns the day and year '~-=~ above written". Withe?es: W_tn__s ~,! Signature Su~an T. Roy Witness ~! Printed Name Nitness ~.~rinted Name Wit~ess #1 Signa5ure / Susan T. Roy Witness ~i Printed Name Wi~Des~ ~2 =ign~ture ./ Jo~n R," Kugter .; Witness ~~ted Name Szgnatu-r_e ' :. GEORGE T. ~)OWNEY.~ ~ Prin~ed Name :r':.,~'' Wells, I~E 0~090 Pos= Office Add_~.Ss ~ignature "'."- SANDFL~, G:' OOWNEv' · Printed Name .... P.O. Box 367' .... Pos'~ Office Address m mr. M.'~ _-'NE_ S.A._ OF _,_ COUNTY OF YOP-K The foregoing instrument was acknowledged befo.~',e' ~.e this day cf August ,!992, by George T. Downey and Sand~_a G. Downey, wh~ are personally known to me or.who have produced'~!ver,~ lice.~-=e as identification and did take an.~'oath. ' = ~' Public No~a~y S!g~ature Sl~an T. Roy ':["']<.. Notary Public Prin~ed Name State of ~-~ · · a~ L My commission exp£~es: .'JUN 1 1 2002 ORDINANCE 91-_~_Q_ AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA.BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 1610S AND 1615N; BY C~IANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SILVER LAKES PUD FOR A DEVELOPMENT OF RECREATIONAL %r~HICLE TRAVEL TRAILERS/PAR~ MODELS AND 'MOBILE HOME UNITS TOGETHER WITH SUPPORTING RECREATIONAL AMENITIES, FOR PROPERTY LOCATED ON THE. EAST SIDE OF_S:R. \~ · ~ . . ~'/~GE 2~ ~s=, co~.~ com~, ~_~_ , ~ ~0~r~ ' '~/ ~T~TING OF 146 ACRES, MORE OR ' . WHEREAS, ight Nadeau of William C. McAnly& 'Associates, 'P.A., representing Misty ~arbor, Inc., petitioned ''' '~he Board of County Commissioners t~ change the zoning 'of herein described real prope y V~'i:,~,~%¥;~J2~.:.;;?:~:::"4,,~¥:,rq-T?:mF. FORE BE IT ORDAINED SY THE SOARD OF COUNTY ~..~,... .,. ~'%7j,.~/.,'.~..~.',,':::~ ~...... .. . ~ ~' . . . .. · ~~c'%-='.~'5'c%'-'-';'Classification of the herein descrlbed real ~;~~'-~:~'~a ','in'Sections 10 and 15, Township 51 South, '. :.'.':;~;~-:";'~to'~:-PUD" ~Planned Unit Development in accordance w~n ....-.~,>::..docUment,;attached hereto as Exhibit A wh.~ch 1 · .:' .' :.'i. "..',':~': . .'..--~-..'.? '= ' .... ' ..... - .-~ ..:.i. inC~rporateo herein and by reference made part hereof. The "" ii,il: :':".."':.. ~?'.~:'.'":.:¥. "; '.':" ' ' official'ZOning Atlas ~ap(s) NumUered ZeZ0S and ZeZSN, as .: · ".i'~ :'..' '~' . '-' ' described "in ordinance Number 82-2, is hereby amende~ accordingly .. ordinance Number 90-40, as amended, known as the Silver Lakes PUD, adopted on May 22, 1990 by the Board of .County Commissioners of Collier County is hereby repealed in its entirety. -1- JUN 1 1 2002 r-- [ SILVER LAKES A PLANNED UNIT DEVELOPMENT · · PREPARED FOR: · '??.'~:~: ~z.~+;,~'.*~'.."~ '"~::':~". ..... ~STY ~OR INC. )::~.:~,~,,~ ~:,,-.:.~,..~.:,.-,~.-.:~.......~.... P.O. BOX 367 -.: ...:/.~ ,~z.~.~...- :.,....?=-,-. .'..- . .. ~ '..'. , ~ ~'~.~u:<.~6~'Lr'~;~"'l.'~ -~- . · ' 7" ..... ~"WI~I~ C. M~Y & ASSOCIATES P.A. PROFESSION~ ~GINE~S, P~S & ~D S~VEYORS - -5101 ~ST T~I~I T~IL "' SUITE 202 ....... N~LES, F~RIDA 33962 DATE FILED 5 2__~~' DATE REVIEWED BY CCPC..8/15/91 DATE APPROVED BY BCC 9/24/91 ORDINANCE NUMBER..91-90 EXHIBIT JUN 1 I 2002 SECTION THREE~ This ordinance shall become effective upon receipt of notice from the Secretary of State that this ordinance has been filed with the secretary of State. .~ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _~. day of 1991. ATT. EST,~'!'- JAMES C. GIL~.; Clerk Mar~o~ie M. Student Assistant county Attorney PUD-89-15 (1) ORDINANCE BOARD OF COUNTY COM~ISSIONERS COLLIER COUNTY, FLORIDA ~ATRICIA ANNE GOODNIG , 3UN 1 TABLE OF CONTE~TS LIST OF EXHIBITS STATEMENT OF COMS~LIANCE SECTION I SECTION II SECTION III PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMEI~T LOW DENSITY PARK/TRAVEL TRAILER .:.= P. ECREATIONAL. VEHICLE DEVELOPMENT LOW DENSITY RECREATIONAL PAGE I II 1-1 2-1 3-1 4-1 5-1 6-1 7-1 8-1 JUN 1 1 2002 i-- i--- r-- LIST OF EXHIBITS EXHIBIT A EXHIBIT B Planned Un'it Development Master Plan (Prepared by William C. McAnly& Associates P.A.) Planned Unit Development Tract Map JUN 1 1 2002 STATEMENT OF COMPLIANCE The development of approximately 146 acres of property in Collier County, as a Plann'ed Unit Development to be known as 'Silver L~kes will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential and recreational facilities of Silver .Lakes will'be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The- subject pr6perty is .within the 'Urban Residential Land Use Designation as id~ntified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2) The proposed gross density of the Silver Lakes development, being 3.83 lots per acre is derived from the Density Rating SYStem of the Future Land Use Element from Collier County's Comprehensive ....... . ..:....,-::...".,,Plan .... .Therefore, the gross density of the Silver ':.. ". :;'";".. ';-- ";.7""'-'" :~'"'-'.'"* ~'" 4) .Improvements .are planned to be in substantial -:-.compliance with applicable forthcoming land devel- .opment regulations as set forth in Objective 3 of the Future Land Use Element, 5) The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3..1.H and L of the Future Land Use Element. 6) The project development is planned to incorporate natural'systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations re- quired by Objective 1.5 of the Drainage Sub- Element of the Pu~Iic Facilities Element. II JUN 1 1 2002 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE: The purpose of this Section is to set forth the location and ownership.of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Silver Lakes. 1 · 2 LEGAL DESCRIPTION: The subject property, being approximately 146 acres, is described as the South 1/2 of the Southeast 1/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier county,Florida, and the South 1/2 of the' SouthwEst 1/4 of Section 10, · Township 51 South, Range 26 East, lying East of State ~' ,_Road 951,..Collier County, Florida, and the North '.-.'..:·?.~:i:;¥'.~i'?/.220.00-feet' of .the North 1/2 of the North 1/2 of .......?~.-..:~.~i~j~f~;Section.15, ~'Township ~51 South, Range 26 East, lying · ' ~'' ~'Z,E~6~*"r~P'':'''~'~' "' S~k~ "~'r;~ ';?:,~. i:~..~r:~':':~';.'",".r'"~r~f~"~f~3~.~' ,~'~ ~..~V ~ . . .. ;. , '~'~}~.'<The"~u'~j&ct pgoperty is c~rently under the o~ershlp .': '~'~'/'?~.;' ~-of ~orge ~.. and Sandra G. Dopey. ~ 1.4 -SHORT TITLE:. ' "~'This' ordinance shall be known and cited as the ' ' -Silver ~kes pla~ed Unit Development Ordinance." 1.5 G~ DkS~IPTION OF PROP~TY A. . The project site is located in Sections 10 and 15, Township 51 South, Range 26 East. Furthe~ore, the subject property the east side of State Road 951, approximately I 3/4 miles south of East Tamiami Trail .(U.S.- ~l). 1-I JUN 1 1 2002 B. The zoning classification of th~ subject property prior to the date of this approved PUD Document was A-2, Agriculture. 1.6 PHYSICAL DESCRIPTION: Th~ project site is on the east side of S.R.-951 in the Rookery B'ay Watershed. The subject property receives little or no runoff from adjacent properties due to the existing farm outfall swales on adjacent properties, and the S.R.-951 drainage system. Travers- ing through the site is an FPL Easement which isolates the property into two portions. Existing ground eleva- ' tions range from +3.4 to +4.2 N.G.V.D., with the higher elevations in the northeast corner causing a southwesterly'flow of on site runoff. Water management for the proposed project .w~ll be accomplished by two interconnected on site lakes. Runoff will be directed to the lakes through a series of grass swales and culvert systems. Project discharge is into the adjacent S.R.-951 roadside outfall canal that runs along the westerly property boundary, and flows toward Rookery Bay. The water .management system will provide a balance between'the needs of the resi- dents of the project and the requirements of the 'natural hydrologic systems of the area. .-. '.'.The soils;found within .the project boundaries include .~._.-~>'.. :~.predominantly'equal portions of Arzell fine sand and ..... Charlotte'fine sand and . minor areas of Immokalee -"' :~.~.'~fine.sand in.the'northwest, southwest, and southeast ?:'.: -..corners'.of~the property. Soil characteristics were .... '-"%"derived from the Soil Survey of Collier County, Flori- -'-'' .~'da,"~issued by .the.U.S. Department of Agriculture in 1.7 PROJECT DESCRIPTION: The Silver Lakes-PUD shall be a mixed use development incorporating park/travel trailer recreational vehicle' (park/ttrv) ~development with recreational residential development. 'Also, the project will offer diverse recreational amenity opportunities. The amenities proposed.to be provided in the project include, but are not limited to, a 9 hole golf course and typical accessory uses,'structures ~esigned to provide social and recreational space, lakes, natural and landscaped open spaces, and a wide vari'ety of outdoor recreational opportunities. Each lot will be served with publicly provided utilities including potable water and electricity. Ultimately, Collier County will .provide sewer service via their central system when it becomes available. In the interim,.~sewer service will be provided by the Spade Wastewater Treatment Plant located near the subject property. Also, additional serVices will be provided as deemed appropriate. 1-2 JUN 1 1 ! SECTION II PROJECT DEVELOPM~;T 2.1 Pm~0sz: The purpose of this Section is to delineate and gener- ally describe the project plan of development, the respectiv~ land uses of the tracts included in the project, as well as the project criteria for Silver Lakes. 2.2 GENERAL: A. Regulations for development of Silver Lakes PUD Shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Zoning Ordinance in effect at the time of building permit application. ..... ".!..i B~ ~ Unless'otherWise noted , the definitions of all ·-~-~_" ' .... - teE-ms sh&11 be the same as the definitions set ....... ' .2Subdivision Regulations in effect at the time of · development of Silver Lakes PUD shall become part '/'-' .'~of the regulations which govern the manner in ' ~'i'~.Qhich the PUD site may be developed. 2-1 A~J~DA -.JUN 1 1 200 2.3 PROJECT PLAN AND LAND USE TRACTS: A. The project Master Plan, including layout of streets and general depiction of land use, is ~illu~trated graphically by Exhibit "A", PUD Master Development Plan. The project Tract Map identifies approximate acreage and land use of the various tracts, and is illustrated by Exhibit "B",' PUD Tract Map. There shall be land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration is which is also illustrated by Exhibit "A". TRACT "A" + TYPE UNITS kCREAGE- -Park/T.T. 400 26 .RESIDENTIAL 160 15 0 97 · ' t:,=....f,.':-.t~-:'.'..'l~'~e ~t and dry depressions for water retention ' ':-.,':-'?.figuration and contain the same. general acreage ' ' ' as shown by Exhibit "A" and Exhibit. "B". a af ion to the various areas and specific ' items shown in Exhibit "B", such easements as 'necessary (utility, private, semi-public, etc.) ·shall be established within or along the various tracts as may be necess'ary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 400 park/ttrv lots, and 160 recreational residential lots shall be constructed in the total project area. The gross project area is approximately 146 acres. The gross project density, therefore, will be a maximum of 1.1 recreational residences per acre and 2.73 park/ttrv lots per acre. 2-2 JUN 1 1 2002 2.5 PROJECT'LAN APPR0VALREQUIREMENTS: The project shall be platted in accordance with the Collier County Subdivision Regulations to define the R.O.W. and tracts as shown on the PUD Tract Map, unless ownership is to remain with one entity ~no fee simple.selling of lots or tracts), and a SDP is submitted for approval for the emtire area encompassed by the PUD. Master Plan. A. If a plat is to be recorded on this project, the following must occur prior to development of any individual parcel, tract or lots: 1) A SMP over the entire PUD must be submitted and approved in accordance with the 'County .Subdivision Regulations. 2) Construction plan and plat for either the entire PUD or that portion pr6posed for initial construction must be submitted and approved. · .. '. B. Further development of any platted tract or -.,":::;i{%:.~:~J"/'.:- parcel shall be subject to the following: · -~..which is not 'intended to be further ....... - '~.'~requirements established within Section 10.5 .......... '..'.of' the zoning ordinande, prior to the " :2) :The developer of any platted tract or parcel which is intended to be further subdivided '.shall be required to submit and receive' approval of a Subdivision Master Plan, for 'that tract in conformance with the requirements established in Article IX of the -'Subdivision Regulations, if the original SMP did not show specific development within that tract or parcel. Construction Plans and a · Plat shall subsequently be submitted and approved. Additional lakes (ie: golf course lakes), and facilities characteristically incidental to such a development are.excluded from this provision but remain subject to Collier County Excavation Ordinance No..88- 26. Construction plans and a plat 'shall subsequently be submitted and approved. 2.6 GENERAL DESCRIPTION OF DEVELOPMENT: Areas designated for park/ttrv land uses on Exhibit "A" are designed to accommodate a full range of recreational ve'hicle types and' customary accessory USES.. Areas designated for recreational residential land uses on Exhibit "A" are designed to accommodate a specific .type of residential 'dwelling as set forth in Section IV. Approximate acreages of all tracts have been indicated on Exhibit "A", 'and Exhibit "B", in order to indicate relative size and distribution of the permitte4 uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of development plan approval in accordance with Section 2.5. ' 2.7 DEDICATION AND MAINTENANCE OF COM2~ON FACILITIES: . .'i.~ ,':.'~Ji.''/~Easements shall be 'provided for water management ..... · ~.?~'.,.!~(,,?;.~%iareas, utilities'and other purposes as may be needed. · ../. :..!.,?/ ,ubstantial compliance with the collier count · .:- '.L!~-..~:7'..~.~ins~ruments shall .be granted to insure the continued "',Vd-operation and maintenance of all service utilities in "~'the time approvals are requested- · . .A property Owners organization shall be created and shall be assigned responsibility for' operation, maintenance and management of all commonly owned lands, facilities and waters within the project. 2-4 2.8 pARK TRAILER & RECREATIONAL RESIDENCE MODELS: Park trailer and recreational residential models, not to exceed 4,. (ie: i "Sales Center", and 3 "Dry Models") shall be permitted in conjunction with the promotion of the development. No more than three "Dry Models" may be constructed prior to. recording of a plat for the project if applied for by the owner, site(s) for the model(s) must conform to zoning standards and be located on a future platted lot. A metes and bounds legal description shall b6 provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from th6 model serving as a "Sales Center", or an approved independent "Sales Center". Access shall be for pedestrian traffic only, no paved road will be allowed. A ,,sales center" may be constructed prior to recording · of 'a'plat-' ~'The "Sales Center, 'shall be limited to one .'str~cture (one building permit). It may be serviced ~.by a ~temporary utility system (i.e. dry well and . . ..3.~. septic.tank/drainfield) prior to availability of '....'. '/~ icentral.utility~'systems, at which time connection to ' ~_.~the ..central.~system will be.made. Interim fire .:.~.....i~,..%~Protection~..facilities in accordance with NFPA ~.{~;.~?!i.!..~i/~requirementS..are .required unless a .permanent water '"" ".'13'~' '~-i~i:~systemi~,i".availa~e to serve the Center. '.' '}.~-Review'a'nd approval of the "Sales Center" shall follow '"-'~i. the requirements of'the Site Development Plan process ' '~."~(zoning Ordinance Section 10.5). A metes and bounds - legal descriptiOn.shall be provided as part of the ~application. Access to the "Sales Center" shall be ..provided by a paved road or temporary driveway which . ' ..meets County. standards. A water management plan must be provided which accommodates the runoff from the -Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed ~o fit in with the master .water management system for the entire development. At th~ time of building permit application for a "sales Center", a temporary use permit shall be obtained. ~'Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2-5 JUN 1 1 2002 SECTION III LOW DENSITY pApJ</TRA%~EL %~RAIL~R RECREATIONAL %FEHICLE DEVELOPMENT 3.1 PURPOSE: The purpose of this Section is to identify specific development standards for areas designated on Exhibit "B" as Tract A, park/ttl-v. · 3.2 DEFINITIONS: (taken from 1988 Suppl'ement, Chapter 320.01, Definitions,. general. Florida Statutes) A. Recreational Vehicle: A unit primarily designed as temporary living .quarters for. recreational, camping, or travel use, which either has its own motive power or is mounted on or dramnn by another vehicle. · '.'..? .... '.-..: .::~..-:A transportable unit which h~s a body width not · ?" :' - ' :;..(~'.'utilities necessary for operation of installed '' '"'".'..; fixtures and appliances. The'total area of the · '~ ......:'2 '.':-~'[5'.',%/nit ..in 'a setup mode, when measured from the '~'"';i'%'exterior surface of the exterior .stud walls at '.::the 'level of maximum dimensions, not including ~'.: any bay window, does not exceed 400 square feet "when .constructed to ANSI A-119.5 standards, and '-"·500 square feet when constructed to United States · ":'Department of Housing and Urban Development standards. The length of a park trailer means the distance from the exterior of the front of the .body (nearest to the drawbar and coupling . mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. 3-1 JUN 1 1 2002 C. Travel Trailer (includes fifth-wheel % travel trailer): A vehicular portable unit, mounted on wheels, of such a size and or weight as not to require · special highway movement permits when drawn by a motorized vehicle. It is primarily design(~d and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8 1/2 feet and an overall body length of no more than 40 feet when factory-equipped for the road. D. Camping Trailer: A vehicular portable unit mounted on'wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living.quarters for recreational, camping, or travel use. .'- E.' '.Truck camper: - :L' :" k'truck.which is equipped with a portable unit '" .which is designed to be loaded onto, or affixed ...... · .... "--" :'to .-the bed or chassis of the .truck and con- . -'- """' ' ' ' quarters for .'"'. .'i"i'-. .i ..~.structed to provide temporary living cr tional, camping, or travel use. .- .-. ~ '. . ::..~7~....' ~. ,~,,'.~ .. · . "'i":'A vehicular unit which is built on a self-pro- :.i.~kpelled motor vehicle chassis, and is primarily ."?Z?designed to pr0vld? temporary living quarters for /.recreational, campxng, or travel use. 3.3 MAXIMUM DWELLING UNITS: The maximum number of park/travel trailer lots allowed within the PUD shall be as follows: · Tract A = 400 Total = 400 3-2 JUN 1 '1 2002 3.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole of part, for other than the ~ollowing: A. 'Principal Uses: 1) Park Trailers: One (1)'per lot. 2) Travel Trailers (including fifth-wheel trail- ers): One (1) per lot. 3) Camping Trailers: One (1) per lot. 4) Truck Campers: One (1) per lot. 5) Motor Homes: One (1) per lot. 6) Conversion Vans: One (1) per lot.. 7) .Any'other recreational unit not specifically mentioned above, that is designed to provide · -temporary or seasonal living quarters for : ~ . ..... recreational,~ camping, or travel use: One (1) -.?' .'~':}:::~.7'k":'~.'"'-'(/.".tl) ..-~.'~One (1) caretakers residence in conjunction a single family residence subject to the ':'"' '' . development standards of the RSF-5 Zoning ..' -'.~'-' -' · _ .~:.District, as contained in the Collier County ' ".i..'~.~.~.~'rl~Z0ning ordinance in effect at the time con- ". struction permits are requested. Furthermore, '' any three (3) park/ttr~ lots may be combined to satisfy this provision without being. subject to Subsection 2.5.B.2) of this docu- ment. ACcessory uses and structures customarily · 'associated with park/travel trailer recrea- · .tional vehicle lot~, including: (a). Utility sheds, at'tached or detached, not to exceed forty-eight (48) square feet. 3-3 JUN 1 1 2002 I I 3) 4) (b) Aluminum with screen and/or vinyl eh- 'closed porches, elevated or at ground level, not to exceed five hundred (500) square feet, with a roof which is an integral part of the park/ttrv unit, and which must be 'removed when the recreational vehicle unit. is removed.· Utility and drainage facilities. Golf cart paths. 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards, set-backs, etc. ~hail be in relation to the individual parcel (lot) 'boundaries. B. MINIMLIM LOT ARY~A: 2,350 square feet. C. MINIMUM LOT WIDTH: .-- .. ". 'i ::.~j!-'.'".':'>'l) "'CozZner Lots: Forty-five (45) feet. · -"-: .;.'..'.L".. .'::.~'.~-~.~.:{~':..:.?:.,'i:.~i.?) ~....' Interior Lots: Thirty-five (35) , .: .:;,. 3..' '~,:,'~:i :D~ MINIPU3M YARDS: : :. .... : . '-.3 .3~.'..~:-~.."[:..~' :-k:'' ~:;':-~.~:~,'~:"'",'.~:;~:' ~'~!:":~:::'~ /'"'Front Yard: Ten (10) feet. ,' .' ~":::~..,;..:"~;..'~', '~.'~..~'r '/,"~'~:' '.'.'.~::':\'.~'~l .~ " ,'' ' ' ' . '~:'::::":?::!.:i!'~.:.~":,:';~'~?'::('"!!.'::~.'{'[~c",..::~.~..?-":.'2):' . side Yard: F~ve !5) feet. '.'>: ' :~:~.:':,::·:'!?.':;>:'/:.~i::.[-'.:".::!)-·:.'~:Ci;:·:">'' :'~)' R"ar Yard: Zi~ht (~) feet. · '' ' E. 'MAXIMUM GROSS. FLOOR AREA: Five I~undred (500) squaie feet, - . '-- ' ..- exclusive of decks and porches. G. · MAXIMTJ~ HEIGHT: x) Principal Structure- Fifteen (15) feet. Accessory Structure- Fifteen (15) feet. 3-4 3.6 PERMANENT LOC~TION OF PARK/TTRVUNITS: Park/travel trailer recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in the Public Records of Collier County referencing the PUD's restriction on permanent ~esidency. Compliance with this provision shall be. insured by utilizing the following enforcement measures: A. Lots Rented: For those park/ttr% lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, noting the duration of the rental arrang'ement. This register shall track the occupancy of the owned or rental lots, and shall be provided to persons employed by Collier County, in an official capacity, upon their request.. Failure to provide said register, duly describing the persons who have occupied a park/ttrv lot, and their occupancy shall be subject to the penalties prescribed by Collier County. '-'~ ...... B. 'Lots-Sold: For those park/ttrv lots that are -..- .~.- ...~,,.. ."'sold,..-the developer/owner of the lots shall '-~'~""~""'~ ' e les contract a notice that .-... ..... .... ,. ......includ in the sa ~.L. i:?~ !.,~..-..~,.~{~i current zoning regulations prohibits the use of · .-.--.~.,.3..%...'.'~ :~'~ :~ ,'the lot for permanent occupancy. The new lot "'..'""~i?~.~';~Vr-'.~'~-~'i~'3own6r-.is responsible for registering his or her "h~3~'31~'~'!~'~!.~i~arriv~l and departure from their unit with the 'A~-~%~]"~?~"7~}~:'~':i'manager of the park. Failure to register will 3... ..... ,-.~.~.'. hold th new lot owner responsible for any · .- '~. ~',>-~.~.~7%~,'~penalties imposed bY. Collier County. ' 3.7 ' PERMANENCY CONTINGENCY: .... · ,,. ' .'i-.',?i.. ~ "'~ ,.-' ' .. 'If,~"afte~ the approval of this PUD,. Collier County '-adopts policy or ordinance to allow permanent occupan- cy of recreational vehicles in TTRVC or similar zoning districts, Section 3.6 of this PUD document shall ..become null and'void. 3.8 FLOOD PLAIN ELEVATIONS: Ail park/travel trailer recreational vehicles and accessory structures shall meet flood plain elevation if permanently attached to the ground or utility facilities. 3-5 JUN 1 1 2002 3.9 ANCHORING / SEWER, WATER AND ELECTRICAL CONNECTIONS: All travel trailer units that require a special li- cense and, or permit to be transported on-Florida state highways, ·when positioned on a lot in this PUD, shall be anchored in accordance with the standards set forth in the'Collier County Mobile Home and Travel Trailer Ordinance for mobile homes, and be connected to the public water a~d sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County.· 3-6 JUN 11 SECTION IV LOW DENSITY RECREATIONAL RES'IDENCE DEVELOPMENT 4.1 PURPOSE: The purpose of this Section is to identify specific development standards for areas designated on Exhibit "B" as Tract AR, recreational residence. DEFINITIONS: A. Recreational Residence: . A recreational residence is a transportable unit which has a body width not exceeding 14 feet, and -which is built on an integral chassis; and '''~.3'''-' '.~designed to be used as a dwelling when connected · '.'.~ .>:.to'-the required utilities, and includes the .31~?--.~ !.-'~:~?~,~' '~i ~ ..%. ~h ~.~. p 1 Um b i n g,· heating, air-conditioning, and .- .,.-:'.",lectrical systems .contained therein. All ' ~!' '~.' ?:~'i-{.%~J~"4~ ~'!i~"-'~'i"-'~!~'~'~.' j ~ e_ ~ e a % i o n a 1-. residences located in the ;~'"'-{"+~."-:{~'~%~'"?~ ~k.~'-~}-'develoDment shall have water closets designed to ' '.~"'~.3~,~'...'~;"~..'.'-~'~.'~i~i ~.ihave .a-maximum water flushing capacity of 1.5 '~?:~3'3~'..~..'.gallons. The total area of the unit in a setup ..~ '.'.~'~mode, 3when measured from the exterior surface of '." ~'-'..;'~"~;~.'~.]~hthe exterior stud walls at the level of maximum '~'%7.'/~?..'~?dimensions including expandable rooms, but not '..<%~.~.'including any bay'window, shall not exceed 700 "square feet. The total length 6f a recreational "' ..residence is the distance from the exterior of '" .~"'. the wall nearest to the drawbar and coupling .... mechanism,-to the exterior of the wall at the : opposite end of the .unit, where such walls enckose living or other interior space. Such distance includes expandable rooms, but excludes bay' windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. The total length of a recreational residence shall not exceed 50 feet. All recreational residences shall be constructed to United States Department of Mousing and Urban Development Standards · 4-1 JUN I 1 2002 4.3 MAXIMUM DWELLING UNITS: % The. maximum number of recreational residential lots allowed within the PUD shall be as follows: Tract.AR= 160 Total = 160 4.4 USES PER~I,TTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole of part, for other than the following: A. Principal Uses: 1) Recreational Residences: One (1) per lot. B. Accessory. Uses: 1) Accessory uses and structures customarily -associated with residential lots, including: "'3~3/'~ .'" . (a) Utility-sheds, attached or detached, ..,: ......r. ... not to exceed forty-eight (48) square i'. ,:..~.j ;?.,~:..,. ~: ~.',.-~ ,,,~::-. -. ,.-'.'..' ...... feet. . ..:?',[ .;,./'...~,~',,; ~ ,.:J~ ,,..,' .. .. -. . .'~ .'..: .~ '. .'~.~?i~.:~!~.~'~"i'",:~/./i?.....'i.'(b) '-Alu~inu= with s=reen and/or vinyl ~. .closed porches,'elevated or at ground :-' '"~!!?':""' i'" ..... ':i''~'''' level, not to exceed seven hundred (700) ' '. ~.'-~-. - - ;..". .... square feet, with a roof which is an :' ..-. .,....~ .... .'..~.~?~..~...~!.'.:::~:;.~ ~,integral part of the unit. i.'2)'. Utility and drainage facilities. 3)... Golf cart paths. "4.5 DEVELOPMENT STANDARDS: GENERAL: Ail yards, set-backs, etc. shall be in relation to the individual parcel (lot) boundaries. B. MINIMUM LOT AREA: 3,800 square feet. C. MINIMUM LOT WIDTH: 1) Corner Lots: Fifty-five (55) feet. 2) Interior Lots: Forty-five feet. ~,, 4-2 JUN 1 2002 - 2)' 3) Front Yard: Ten (10) feet.' Side Yard: Five (5) feet. Rear Yard: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA: seven Hundred (700) square feet, exclusive of decks and porches. G. ' MAXIMUM HEIGHT: 1) Principal Structure- Fifteen (15) feet. 2) Accessory Structure- Fifteen (15) feet. 4.6 ANCHORING / SEWER~ WA~ER AND ELECTRICAL CONNECTIONS: .: '.Ail recreational residential units, when positioned on a lot .in this.PUD, shall be anchored in accordance · -.: with the-standards set forth in the Collier County - homes,.;.and be connected to the public water and sewer "'.~:.'.L. system.:' Additionally, such units must obtain ".'"'-.!~'-electrical service directly from the electric utility .... .. authorized to provide such service in Collier County. _ . .~:.?...j.' 4-3 JUN 1 1 2002 SECTION V COM}4ONS/RECREATION AREA 5.1 PURPOSE: The purpose of this Section is to set forth the devel- opment plan and development standards for' the areas designated as Tract CR, Commons/Recreation Area on Exhibit "B". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, passive/active recreational areas, hurricane evacuation shelter facilities for recreational residential uses, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facilities which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement Of such facilities, as may be indicated on the PUD Master Plan shall be considered non-binding. Except in areas to be used for water impoundment and principal or ..accessory use areas, all natural trees and other i.~.'"!:ji-~i~.'..~vegetation, as .practicable, shall be protected, and ' /~.:~>'i'~:'~'b~i~i'~g or-structure, or part thereof, shall be '. erected, altered or used, or land used, in whole or in .<.~art,. f~r .other than the following:' A~ "~ Principal Uses: Utility, water management and rights-of-way easements. Golf .courses for use by the residents of the development, and golf cart paths. Structures which house social, administrative, or recreational facilities. 5) Hurricane evacuation facilities for recreational residential land uses. Lakes. 5-1 · 6) Signage for project identification or advertising. 7) Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the commons are~s · 8) Small docks, piers or other such facilities constructed for purposes of lake. recreation, or mooring,or use of non-internal combustion lake recreation apparatus used by residents of the project. 9) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. Accessory Uses: 1) Clubhouse, pro-shop, practice driving range and other customary 2) 'Customary accessory uses or struc- ' tures incidental to recreational ~areas and, or facilities, including ~ structures constructed for purposes of maintenance, storage (including R.V.storage), recreation or shelter with appropriate screening and landscaping. 3) Upon completion of the development of this project, ~onvenience estab- lishments of a commercial nature including stores, laundry and dry cleaning agencies, beauty shops and barber shops shall be permitted subject to the following restric- tions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5%) percent of the project; shall be subordinate to the use and character of the project; shall be located in the area of the northernmost and, or westernmost recreation facilities as may be depicted on the PUD' Master. Plan. said accessory commercial uses shall be designed, and intended to serve the exclusive trade of the service needs of the ·persons residing in the project; and shall present no visible evidence of their commercial character from any portion of any ~ublic street or way outside the project. 5 . 3 DEVELOPMENT REGULATIONS: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, 16cation of access streets and parking areas, ahd location of screened areas. B. Ail buildings shall be setback a minimum of fifteen (15) feet from all parcel boundaries and the right-of-way tract. " C. Buildings shall be set back a minimum of thirty- five (35) feet from abutting off-site residentially zoned districts, and a minimum five ........ .-. ..... (5) foot landscaped, maintained buffer shall be ~ ..?/'4 .i~?~ .... -..'.'..!!~properties from direct glare, or other interfer- E. -"',A Site Development Plan in compliance with these .. ~- ..~.~..:~Development Regulations shall be required in ~ ..'.~%~accordance with Section 2.5 of this PUD document. - F. Maximum Height: 1) Principal Structure: . (35) feet. 2) 'Accessory Structure: "' feet. Thirty-five Fifteen (15) 5-3 JUN 1 1 2002 Minimum Off-Street Parking And Loading: % 1) Private Golf Course: Two (-2) spaces per hole plus one (1) space per 300 square feet for office/lobby/pro shop/ health club/ clubhouse/ lounge/snack bar/dining/ meeting room areas and 50% of normal requirements for exterior recreation uses not accessory to the golf course use including: swimmin~ pools and'tennis courts. No additional parking shall be required for a golf driving range or miniature golf course. Golf cart, golf bag and equipment ~torage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed a one (1) space per 1,000 square feet. Recreation (non-golf course)/ Administrative Areas: One (1) space per tennis court; one (1) space per 150 square feet of water area for .the first 1,000 square feet, and one (1) space per additional 250 square feet of water area for .swimming pools, spas and hot tubs. - One (I) space per 250 square feet of gross floor area for other --(enclosed) recreational/ administrative facilities. Convenience Commercial Areas: One - (1) Space for each 250 squarR feet of gross floor ~rea for all uses set forth in Sub-section 5.2.B.3). 4) Loading Areas: As required by the Zoning ordinance at the time of Final Site Development Plan approval. Landscaping: The landscaping requirements shall Conform to the County code in effect at the time of Final site Development Plan/Construction Plan approval. 5-4 JUN 1 1 2002 5q 5.4 SPECIAL REGULATIONS (HURRICANE SHELTERS): In following with the intent of Collier ~ounty's hurricane shelter requirements for all mobile home parks, these special regulations shall provide criteria by which the required hurricane evacuation shelter, shall be constructed, operated and maintained within the Silver Lakes development. Hurricane evacuation shelter space shall only be required to be provided for the recreational residential land uses as follows: (a) 20 sq. ft. x (b) 1.75 x (c) units x (d) 50% a = The'area approved for short-term shelter by the American Red Cross for sleeping space per person. b = The occupancy rate of each recreational residence. c = The total n,~ber of recreational residential lots in Silver Lakes. d = The average population rate occupying recreational residences during the June through November time frame. - . · . A. Minimu~ Shelter Size: 2.. ... . -~"~.'..~..above worst case Category 3 flooding level "~ utilizing the current National Oceanic and Atmospheric Administration Storm Surge "SLOSH" '.,!~-{.'.~(Sea, Lake and Overland Surges from Hurricanes), C. Shelter Construction: The design and construction of the required hurricane evacuation shelter shall be guided by 'the wind loads applied to buildings and structures designated as "Essential Facilities" in the Standard Building Code/1988 Edition, Table 1205. D. ~he requi~ed hurricane evacuation shelter shall provide the following: 1) The shelter shall provide for adequate glass protection with shutters or boards. 2)- The shelter shall be equipped with adequate emergency power. 5-5 JUN 1 1 2BO 3) The shelter shall provide for adequate ventilation. 4) The shelter shall provide f~rst-aid equipment. 5) The shelter shall provide potable water storage at a rate of 10 gallons per recreational residence, divided by two (2). 6) The shelter shall provide full kitchen facilities operated by natural or L.P. gas. 7) The shelter shall provide toilets and showers at a minimum rate of.one (1) fixture for every recreational residence, divided by .~...two (2). 8) The shelter shall provide a minimum 144 square foot locked storage room. 9) The shelter shall provide separate rooms that can be used for nursing and office/ administration. 10)The shelter shall be available year round. 11) ..The shelter shall have a shelter team trained by the Red Cross Shelter Management ' 'Training Program, provided by the park ..management, 'developer, association or other /~.?/~.~i~?~:':~12) i..~.The shelter shall have the park management ..;.~.~.... 'battery operated radio within the shelter. 15) A written agreement specifying the use of a · ..shelter management team and the designated emergency storm shelter shall be entered ... '~into with Collier County's Emergency .' Management Department, Division of Emergency' · - Services. 16) A special Certificate of Occupancy shall be issued specifically for the emergency storm shelter before occupancy of the twenty-sixth (26th) recreational residence is authorized. The shelter team shall be formed, trained and operational, before the special Certificate of Occupancy is issued for the shelter. 5-6 JUN 1 1 2002 ~7) The reguired shelter space as. herein pr.ovided may be equally designed to incorpOrate, the above requirements and to serve & double purpose for the d~y-to-day needs'of the residents of Silver Lakes as part of the common amenities regularly available to the residents of Silver Lakes. In no way is such a dual use structure's Certificate of Occupancy dependent' upon the issuance of the special Certificate of Occupancy for the required emergency storm shelter, unless the Certificate of Occupancy for the dual use structure is requested at the time occupancy authorization 'for the twenty-sixth (26th) recreational residence is desired. 5-7 JUN 1 1 21)02 SECTION VI CONSERVATION AREA 6.1 6.2 PURPOSE: The purpose of this Section is to set forth the devel- opment plan for the areas designated as Tract CO, Conservation Area on Exhibit "B". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in it's natural state. USES pERMITTED: No structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other ~han the following: .A. Principal uses: open Spaces/Nature Presez-ves · .-Boardwalks or pervious paths -constructed for the enjoyment of -the conservation area by the · residents of the project. 6-1 JUN 1 1 201)2 SECTION VII I BUFFER AREA 7.1 pURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract B, Buffer Area on Exhibit "B". Tract "B", Buffer Area, is an easement intended to protect residential land uses from more intensive residential land uses, possible impacts from adjacent roadways and, .o~ non- residential land uses. Although no structures other than those set iforth ..in this Section may be located within buffer easements, buffer easements shall be included in yard .requirements set forth elsewhere in this document. 7.2 USES pERMITTED: No'structure-'%r part thereof, shall be erected, ~,tered or used,~ or.land used, in whole or in part,- for "'-'' ...... ' '.' ' plant types may 'be substituted for · : .-'... .'. Zoning ordinance subject to. Plan- ..... .n~ng..services Staff administrative approval, ...... 2) Earthen berms: 2:~ mini:um slope, 3) Fences/walls: In accordance with .. the Zoning ordinance in effect at the time. of Final Site Development Plan approval. "4) signage. Accessory Uses: 1) utility and drainage facilities. 7-1 JUN 7.3 DEVEI3DPMENT REGULATIONS: A. Where the project abuts the S.R.- 951 Right-Of- Way, a twenty (20) foot wide clear area shall be provided ahd maintained adjacent and parallel to the ROW. Furthermore, adjacent and to the east of the clear area, a five (5) foot buffer shall be provided and maintained to effectively screen this.project from the roadway. The property owners organization shall be charged with the responsibility of maintaining said clear area and buffer. B. For those areas identified on Exhibit ~'B" as Tract B, other than those addressed in A above, shall be maintained with a minimum fifteen (15) foot wide buffer strip. C. in anticiPation that additional right-ofTway may be necessary for the widening of SR 951, the developer, has reserved 20 feet 'of this tract .along"the entire westerly property boundary. Negotiation'for the use of this land may be · .undertaken .subsequent to the approval of .PUD. .... .-..', ' -~ . .-. ..".:'Should the use of this land ultimately become SR ''-' '--- '. .'~951 Right-Of-Way,.those requirements contained in '.-'..'i ]. ..:.:~-.:" - ..... ~ u. Section 7;3.A. above shall occur adjacent, and to .i:. '.'~. '-' .:- i.]-.i~i, the east of the described 20 foot wide strip of '~. ' ," ~i~ ~ '."<i'/",' ~'..-'3 j"! ~:~ ~'--~!i~i~'~ land. '~';~',~j:~ h .-];~.~-~',~ ~:-'~ '. '.~,..',4 ~':'-]..' '?.'.-:~ L' ' "~.:~'~ ~i~-'~.'~"~?:~ ~' :.'i.~ ~..". ...... · .':;~'.c.. ~. '"D'~'~]}'Sh0~id 'ithe South Florida Water Management '-~'"'~'."~-"~--' "..' .:District, .during it's permit review process, · ... require'a natural vegetative buffer be created , . ~.].)~.~.%i, between..the.lots-and any jurisdictional wetland '. /..preserve"ana/or Conservation tract, the buffer :.: shall not be located within the. boundaries of the "'.~lot(s) :unless waived by the SoUth Florida Water .. Management District. It shall be created as a ..... separate platted tract or as a buffer easement over an expanded limit of the preserve tract, which would be dedicated as preserve/drainage 'itracts, to include the buffer within the preserve tract, If the buffer is located within a separate tract, that· tract shall be dedicated on the plat to the project's homeowners association or like entity for ownership and ~aintenance responsibilities and'if necessary, to Collier County with no responsibility for maintenance. All preserve buffer easements or buffer tracts shall be created in conformance with the provisions of Chapter 704.06, Florida Statutes. 7-2 JUN 1 1 2002 SECTION VIII DEVELOPMENT COM24ITMENTS 8.1 pURPOSE: The purpose of this Section is to set forth the development commitments for the development of the project. G F..NE.RAL: All facilities shall ~e constructed in strict accord- ance with Final site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations in effect at the time of submissions. The Developer, his successor and assigns shall be responsibl, e for the dommitments outlined in this document. The Developer, his successor or assignee shall agree to develop in accordance with Exhibit "A", PUD Master Plan, and the regulations of the PUD as adopted, and any other conditions ..or modifications as may be agreed to in the'.rezoning of the property. In addition, the Developer will agree to convey to any successor or assignee in title, any commitments within this 'The DeveloPer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of 'all County ·ordinances or codes :in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Subdivision Master Plans .and any other application that will result in the issuance of a final or final local development order. ... PUD MASTER PLAN: : A. Exhibit "A" PUD Master Plan illustrates the proposed development. Minor site alterations may only be administratively handled pursuant to Subsection 7.27j. of the Collier County Zoning ordinance. 8-1 All necessary easements, dedications, or other · instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the .project. 8.4 SCHEDULE OF DEVELOPMENT: A. A development plan shall be submitted, where required, for each phase of development identified in this Section. ·Applicability of the site development ~lan procedure to this PUD is set forth in Section 2.5 of this document. ' Silver Lakes PUD is planned to be developed in two phases. The development of Phase I may include the construction of 178 park/ttrv lots and 81 residential lots along with their related infrastructure. The lakes and recreation facilities .may also be developed in Phase I. The plan of development for Phase II will be to 'construct .the .remaining lots and related . . . :.i'). ,' infrastructure,' as well as the remaining ..... ~ . .:".;"._',!..'~r~creation facilities. The developer reserves '. ~.:,:'..'.~:' .. - -."~.!:.ithe .right to develop portions of the described - · '' -i:'~phases, or .both phases simultaneously, as market · · "-. . :>;~4,~>%:!~.demands .change. Commencement of construction of --.. ~-~,~ -~..:..?~Phase II will occur no later than three (3) years · '· LIMITATIONS ,OF i'~LANNED UNIT DEVELOPMENT APPROVAL: ~' 8.5 .--: - Unie~s the la'nd uses proposed by this PUD regulatory document and Master Plan are substantially complete (i.e.: 50% or.greater of all infrastructure, including drainage,', road, 'potable water and sanitary sewer facilities, is installed or under construction) , the land owner of record shall submit a status report . pursuant ,.to County ordinance No. 87-87 regarding PUD Monitoring Reports. The first of such reports shall be submitted to-Collier County on or before September 24, 1993. Upon receipt of the report, Planning Servi6es shall' review said report and present its findings to the Board of County Commissioners. The ~eport shall submit an argument that supports the continued development schedule proposed by the owner. The singular purpose of this review, and the review criteria for the extension of the PUD approval, is whether the development of the PUD has commenced in earnest. JUN 1 1 2002 'r Should the Board of County Commissioners determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification. Should'the Board of County Commissioners determine that the.development has not commenced in earnest, then upon review and consideration.of the report provided by the owner, the Board of County commissigners shall elect one of the following: A. Extend the current PUD approval for a period of two years or a greater period of time;, at. the end of which time, the owner will again submit to the reporting procedure set forth above. B. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be.consistent with the Growth Management Plan. The existing PUD shall remain in effect until subsequent action by the Board on the submitted amendment of the PUD. ''If the owner'"fails to submit an amended PUD within six ' months of Board action to require such an amended - .'..submittal, .then the Board may .initiate proceedings to . ....~.-':.:rezone, .-and subsequently rezone the unimproved portions of the original PUD to an appropriate zoning · classification consistent with the Future Land Use Element of the Growth Management Plan. 8.6 TRANSPORTATION AND ENGINEERING: A. . Design and construction of all improvements shall ..be subject to compliance with the appropriate provisions of the collier County Subdivision · Regulations. B. A 20 ft. wide strip of.land along the entire west property line shall be reserved for future widening of SR 951. C. A Florida Department of Transportation right-of- way permit shall be provided before construction plans approval. D. A letter of no-objection from Florida Power and Light allowing encroachment in the Florida Power and Light easement shall be provided before construction plans approval. E. Subject to FDOT approval, the Developer shall provide a southbound left turn lane on SR 951 at the project entrance. It's length shall be sufficient to-accommodate two of the largest vehicle combinations expected to use it. F. In lieu of a north bound right turn lane, the developer shall provide a ~urning radius of not less than 50 feet to serve this movement. G. The ~eveloper shall provide arterial level street lighting at the project entrance.' H. Approval'of the ~ntrance location at this time does not imply that a median opening m~ll be permitted upon the four laning of SR 951. I. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. All improvements shall be in place before any certificates of -. occupancy are issued. ~. 8.7 ..?iSUBDIVISION EXCEPTIONS: . ' : - ~?:-!,-~.~,The. foll0Qing exceptions from Collier County's '.~ .... "~'.~'~.~=~-~=[Subdivision Regulations (ordinance No. 76-6, as · -~ ...%.~.~'.~!~',mended)~..areapplicable to the development of the '<;~ ~i!:.:L~Utility.Casings: Waived subject to all utilities ".??i~.~" "i'~.~'i?~:~being-inst..lied prior to construction cf the .--'.:.:-roadway pavement and base. B~ -" Subdivision Regulations, Article X, 'Section 19 - '. Street Name Markers and Traffic Control Devices: waive the pavement striping requirement only, · .provided roads have a valley gutter section. C. 'sub~kvision Regulations, Article XI, Section 3 - Blocks: Waive the maximum block length of 1,320 feet to length as shown on Subdivision Master Plan. .However, crosswalks will be provided as required. D. Subdivision Regulations, Article XI, Section 10 - Monuments: Waived subject to monuments installed in accordance with Florida Administrative Code Rules 21-~H-6. 8-4 JUN 1 1 2002 - Subdivision Regulations, Article XI, Section 17-H - Dead End street not to exceed one thousand feet (1000') in length: Waived. Subdivisio~ Regulations, Article XI, Section 17-I - Curb Radii: waived subject to a minimum 30 feet 'curb radius .internally and a minimum 40 feet r~dius externally. 8.8 UTILITIES' A. Water distribution, sewage collection and transmission and-interim water and/or sewage treatment facilities to serve the project ~re to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No.. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County -and will be billed by the County in accordance ..:- ~with.the County's established rates. Should the ' -".' -~ .-.j~...~.~; county not be in a position to provide water · ' ~'i ;ii~..~~. and/or 'sewer service to the project, the water ' _' '-LL'i~'"i' and/or sewer customers shall be customers of the ..~%.-U..]~:~::iinterim utility established to serve the project '-....i.-'-.:;"::J'~.':~.:C~:until .the County's off-site water and/or sewer' .-' .::!:'<::!"::Jl./~'~facilities are available to serve the project. ~ . '.. ii.~. ..:.' ~.:~':%~::?..~::~.;:ji-~:.~ ......,..,.. · C. It is anticipated that the ]County Utilities Division will ultimately supply potable water.to "~.'!'' ' .... "'-:;/.k..meet..the consumptive demand and/or receive and ..... ''treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time ' development commences, the Developer, at his expense will install and operate interim water supply and On-site treatment facilities and/or interim on-site sewage treatment and disposal facilities.adequate to' meet all requirements of all the appropriate regulatory agencies. If an 6xisting private utility will be utilized to provide service to the project, such service shall be regarded as interim, with the project connecting to County owned facilities when. they · become available. 8-5 JUN 1 1 2002 An agreement shall be entered into between the County, the interim utility purveyor and the developer, binding on the interim purveyor and the developer, his assigns or su ceS$oO regarding any interim treatment facilit£es utilized. The agreement must be legally '-sufficient to the County, prior to the approval of construction documents for the project, and be in conformance with the requirements of Collier -County ordinance No. 88-76, as amended. { D. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the. County's Water Master Plan to insure that the District's water .system can hydraulically provide a sufficient quantity of water to meet the anticipa~ed.demands of the project and the District's existing committed capacity. E. The on-site water distribution system to serve the project must be connected to the District's 10 inch water main on the east side' of SR-951 (Isle of Capri Road) and extended throughout the project. During ,design of' these facilities, the following features shall, be incorporated into the distribution system: ~'" ?"~ ; ......... 'the internal pipeline network on cul-de-sacs, ' .i J .'.' .... -:~-.. unless otherwise approved by the Collier "- '-'!" '' '"'-'- ' 'adjacent properties shall .be provided to the .... .'.!"east, south and the west property lines of _.'i ?'.!['i,.,.:.../~t%'~&the project, at locations to be mutually -~'~.'.agreed to by the County and the Developer '~' "~'during the design phase of %he project2 F. -The utility' construction documents for the project's sewerage system shall be prepared to -contain the design.and construction of the on- site force main which will ultimately connect the project to the future central sewerage facilities of the District in the.SR 951 rights-of-way. The force main must be extended from the main on-site pump station to the east rights-of-way line of SR 951 capped and valved for future disconnection from the proposed interim utility system to serve the project. The configuration will permit the simple redirection of the project's sewerage when connection to the County's central sewer facilities becomes available. JUN 1 1 2002 - -/1 F G. Prior to approval of construction documents by the County, the Developer must %present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer on an existing interim utility system to provide sewer service to the project until the 'county can provide these services through its sewer facilities. H. OTHER. UTILITIES: Telephone, power, and TV Cable service shall be made available to all park/ttrv and residential areas. All such utility lines shall be installed underground. 8.9 WATER M3%NAGEPrENT: A. Detailed paving, grading and site drainage plans shall be submitted to Project'Review Sel-vices for review. No construction permits shall be issued unless and until approval of the proposed construction-in accordance with the submitted plans is granted by Project Review Services. B. Design and const~ction of all improvements shall be subject to compliance with the appropriate '~...L~ ...~.r.j~.i..~provisions of the Collier County Subdivision '.'.~-.~'~-..~r ..... Regulations. .---.~C.=~.i·2An Excavation Permit will be required for the · . -. proposed lakes in accordance with Collier County ~.u-ordinance No. 88-26 and SFWMD rules. D. ?-"Fill .m~terial from the lake is planned, to be .utilized within the project.. ~owever, excess fill material, up to 10% of the. total or a maximum-of 20,000 cubic yards may be removed and utilized off-site subject to the requirements of r~ordinance 88-26, including but not limited to .traffic impact fees, etc. Removal of material in excess of 10% of the total, or a maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance 88~26. E. .~ A copy of SFWMD Permit or Early Work Permit is · required prior to construction plan approval. 8-7 JUN 1 1 2002 F. A Florida Department of Transportation permit approval to outfall into SR 951 right-of-waY shall be submitted before construction plan approval. If Department of Transportation "requirements for water management significantly alters the 'master plan submitted for approval at .this time, the petitioner shall consult with Planning Services who shall coordinate with Project Review Services.to affirm that the project design is consist6nt with the approved master plan. G. The off-site drainage will be routed through the project in an interceptor swale that discharges to the SR 951 canal or to an existing ditch located on the easterly adjacent property ~t the property boundaries. The off-site drainage will not be incorporated in the on-site water management system. H. At the time of construction plans review, petitioner shall provide analysis on the capacity .of the proposed off-site runoff interceptor swale. ' -I. The proposed off-site runoff interceptor swale · -]:...'shall be platted and dedicated as a drainage "~ ". '. 'ii'~ "i' ?~? easement .... 8.10 .'ENVIRONMENTAL: ' .... ( A.'.'..~.' Pe%itio'ner shall be subject to ordinance 75.ll =' -' . . · [or the tree/vegetation removal ordinance in -. existence at the time of permitting] requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing'plan shall be submitted to the Project Review Services Environmental staff for their review .and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall' clearly depict how the final site layout inc6rporates retained native vegetation to the maximum extent possible, and how roads, buildings, lakes, ~parking lots, and other facilities have been oriented to accommodate this goal. JUN 1 1 2002 _ B. Native species shall be utilized, as required by Collier County's zoning ordinance No. 82-2, as amended by Ordinance No. 89-57, in {he site landscaping plan. A landscape plan for all landscaping in the development shall be submitted to the Prqject Review Services Environmental staff for their review and approval. C. All exotic plants, as'defined in the county code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and ~nspection intervals, shall be filed with, and approved by Project Review Services Environmental Staff prior to Final Site Development Plan/ Construction Plan approval. D. If during the course of site clearing, ..excavation, or other constructional activities, an archaeological or historical site, artifact, - or other indicator is discovered, all development at the location shall be immediately stopped and 'the Project Review Environmental Staff notified. ':. '... i?iDevelopment will be suspended for a sufficient .'.'.~.~...' .-".i.:~'~.length ~of time to enable-the Project Review _.'.~ ...Environmental Staff, or a designated consultant .~?:',.V~'.:ili~!~Sto ;'assess the find and determine the proper . .', ..:i~'?'-'i.-?%~'~course ~of action in regard to its salvageability. ..'.' ~.~:~:' '.:~:i:}':~'The Project:Review Environmental Staff will ...}:~. :-'.>".'..r?~.resPond to any such notification in a timely and ".-'~'~"efficient manner so as to provide only a minimal ~.'.~' .3~?:.....~:..'i{'.{~'interruption to any construction activities. '~' ' E. "'~.'~'~Cc~dance with the'D.E.R. Joi~t Application -' for .Works in the Waters o'f Florida, the northernmost lake 'shall maintain a l~ttoral zone --.- with typical native aquatic vegetation, subject to South Florida Water Management District (SFWMD) approval. The remaining water bodies in the development shall maintain lake side slopes as required by SFWMD permit specifications. F. All 'applicable local, State and Federal-permits ~ust be obtained prior to final Site Development . Plan approval. 8-9 JUN 1 1 2002 G. Ail jurisdictional wetlands shall be fl~agged by the petitioner prior to any construction. These .. areas shall be field approved by Project Review Services Environmental staff. These areas shall not be altered or modified with the exception of exotic vegetation removal, from the natural, state unless otherwise s{ipu~ated in an approved mitigation plan. .. H. Prior to development a~tivities, wetlands, preservation areas, buffer zones, natural vegetation/landscape areas, or other areas designated protected during the site plan review process shall be clearly marked by suitable barriers or visual markers no closer than six feet from such areas. I. The project's plans shall be brought to the attention of the Rookery Bay Aquatic Preserve Manager for review. J. Prior to Final Site Development/Construction Plan approval, demonstrate that twenty-five percent (25%) of the viable, natUrally functioning native vegetation on site will be retained. K .... A"wildlife survey shall.be completed by a · - environmental consultant acceptable to the /'i~.:.~::.~Florida Game & Freshwater Fish Commission ..-_:'-.~.'~(FGFFC), 'and shall be transmitted to the FGFFC ~-i~-.~i.:.~and Collier County for review and approval prior ~ listed .species are found, 'a mitigation or .~. - .relocation plan shall be submitted to the FGFFC '"" "~"''and Coilier'County for review and approval prior to Construction Plans/Plat approval'(s). . PLANNING ~OM/{ITMENTS: A. -Improvements within Unit 30B, as described in the 'Deltoha Settlement Agreement, on the site shall mee~ the requirements of the Deltona Settlement Agreement at the time of permit submission. B. The petitioner'may agree ~o provide a roadway interconnection to adjacent property to the north. C. The future roadway interconnection may provide for public use and be located in the vicinity cf the recreational area. Any subdivision master plan and/or site development plan that is filed for that tract shall also identify the roadway .interconnection. 8-10 JUN 1 1 2002 - ,..'-15 Although Construction Plans/Plat(s) may be approved, the Silver Lakes development may not proceed with infrastructural improvements prior to May 1, 1992. Site Development Plan approval and the resulting construction of a "Sales Center" and associated "Dry Models" are exempt from this p?ovision. 8.12 ACCESSORY STRUCTURES: Accessory. structures may be constructed simultaneously with, or following the construction of the principal structure · .-~ 8.13 SIGNS: Ail Signage shall be in accordance with the Collier County sign ordinance, ordinance No. 89-60, or its amended version in effect at the time of Final Site Development Plan approval, with the following exceptions: A. Two · (2) project identification signs may be affixed to a proposed wall adjacent and along the S.R.~ 951 frontage, and'may protrude above said .... ".i3~.','wall-to the extent of not more than three (3) ... . .: .~..,,...- .... ~.:~,-"... feet, subject to the following requirements: -(i....'7 r:~?: .~:~../,i:!:.]~:oi~)?;.'i'~.~:S~ch'.signs shall contain only the name of -:'; '. :::.-':-:ff~,::-:~:~,~'~;']~;:.;;]:,:':-~'tne .development, the insignia or motto of ... . ,,.:. :~-.~z,/.m. 3:~-~-(..::~;~'4:-,.;j):~..?...~,~ m-velo~ment and shall , not contain ' '~::' .'. "~!~,?.'~'-~-;:~,'~::'~.~'',-~:< a or sales material. ...... .:...~ ~ ? .. .......... ; ............ >. promotion 1 '.':"..'~ :: ':~'. ~;,..z-. ~f:'~'~?~;~];~,'~.'.,~.: ,...c, ..", . ' , ''.. '.J ,i:~! iL, ~..~¥,i...)~,::4.:~+i-:;2) ,31,) [:.'.Any" proj ect identification, s~ign (s) shall not j.'~:,". ?!..'~'!':.:':',...L':,:~i'~!,.~'~::~]:.', ~'~e.;t~2?exceed sixty (60) square zees. ·. ,.~....'~'~:':~... "" .'~-.'.~.~.'~,':?..j~:~:~.:~:"7~L.:..,:.:.~.: - · ' :'~',: B. -':One (1) ~ound or wall sign may be located along the S.R. 951 frontage for 'the purpose of promoting the development. Such a'promotional "' sign shall not exceed thirty (30) s~are feet. . ?.. .: 8.k4 ~DSCAPING FOR OFF-STREET P~ING ~S: All landscaping for off-street parking areas shall be in accordance with the Collier County Zoning Ordinance in effect at the time of Final Site Development Plan approval. 8-11 .JUN 1 1 2002 8.15 POLLING PLACES: % Pursuant to Section 9.11 of the Zoning ordinance or its. successor in the Unified Land Development Code, provision shall be made for the future use of building space within 'common areas for the purposes of accommodating the function of an electoral polling place. ; An agreement recorded in the of'ficial records of the Clerk of the Circuit Court of Collier County, which shall b~ binding upon any and all successors in interest that acquire ownership of s~ch common areas including, homeowners associations, or tenants associations. ' This agreement shall provide fo'r said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be 'necessary by the Supervisor of Elections. 8-12 JUN 1 1 ~ ORD,~ANCE NO. 02- AN ORDINANCE AMENT)ING ORDINANCE NLFMBER 9!-90, THE SILVER LAKES PUD, BY PROVIDING FOR: SECTION ONE WHICH AMENDS SECTION 2.3. PROJECT PLAN AND LAND USE TRACTS, ANT) SECTION TWO WHICH PROVIDES FOR AN EFFECTIVE DATE. Whereas, on September 21. 1991. the Board of County Commissioners approved Ordinance Number 91-90 which established the Silver Lakes Planned Unit Development; and WHEREAS, Dwight Nadeau, of RWA, INC., representing Conquest Development. U.S.A.. L. C., petitioned the Board of County Commissioners to change the zoning classification of the hereto described real properly. NOW. THEREFORE, BE IT ORDAIN'ED BY the Board of County Commissioners of Collier Count.,,', Florida that: SECTION ONE: AMENT)MENT TO SECTION II OF THE SILVER LAKES PUD DOCUMENT Subsection 2.3.A.. Project Plan and Land Use Tracts. of Section II, Project Development, of Ordinance Number 91-90. the Silver Lakes Planned Unit Development is herebv amended to reafi as follows: £..3 PROJECT PLAN AND LAND USE TRACTS: A. The project Master Plan, including layout of streets and general depiction of land use, is illustrated ?aphicall> by Exhibit "A", PUD Master Plan. The project Tract Map iclentified approximate acreage and land use of the various tracts and is illustrated by Exhibit "B", pi,rD Tract Map. There shall be land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration is of which is also illustrated by Exhibit TYPE U'NITS ACKAGE~ TRACT "A" Parlo'T.T. 400 -2-6 24. 160 15 o o7-78 0 3 26 TRACT "AR" RESDENTtAL TRACT "CR" CR T i,'~&CT "CO" CO '7~L<CT "E- BUTFER JUN 1 1 20112 SECTION TWO: EFFECTIVE DATE This Ordinance shall become e££ective upon filing with the Department of State. PASSED ANq) DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, this __ da3, of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNWY COMMISSIONERS COLLIER COUNTY, FLORIDA .~.ppro,,ea as to Fom~ arid Legal Sufficiencx Marjone M. Smdem Assistant County Attorney JAMES N. COLETTA, CHAIRMAN JUN 1 1 i I STATE ROAD 0,51 (200' ROW) ----~ ~ .... __~- I EXHIBIT "A" JUN 1 1 2O02 -Il- EXECUTIVE SUMMARY APPROVE A RESOLUTION ADOPTING THE COUNTY'S CONSOLIDATED PLAN AMENDED ONE-YEAR ACTION PLAN FY 2001-2002 AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AND PROVIDE AN EFFECTIVE DATE. OBJECTIVE: The Board of County Commissioners approve a Resolution adopting the County's Consolidated Plan Amended One-Year Action Plan FY 2001-2002 as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and provide an effective date. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners previously approved submission of the County's Consolidated Plan Five-Year Plan (FY 2001-2002 through FY 2005-2006) to the U.S. Department of Housing and Urban Development (HUD). Included in that Plan was the One-Year Action Plan FY 2001-2002. One of the projects proposed for $156,500 in funding has been withdrawn by the applicant (the Collier County Transportation Department). The project was the purchase of a 40- passenger bus to provide transportation for Immokalee residents to service jobs at area hotels on Marco Island. Collier County is amending the FY2001- 2002 Consolidated One-Year Action plan due to the availability of Community Development Block Grant (CDBG) funds previously allocated to that project. An amendment to the Consolidated Plan One-Year Action Plan is required "whenever a Community Development Block Grant (CDBG) program activity is deleted or added, or when a change in purpose, scope, location, or beneficiary of an activity previously stated is changed, resulting in a reallocation of CDBG funds," according to the County's Consolidated Plan Citizen Participation Plan adopted on January 9, 2001. The Citizens Advisory Task Force (CATF) met on April 18, 2002 to review proposed projects and recommended funding for the projects proposed in the Amended One-Year Action Plan. A summary of proposed activities and funding sources are attached. The additional projects, which have been funded, are: Temporary Employment SerVices (St. Matthews House) Rural Prescription Medication Program (Collier County Social Services Dept) Total Reallocated Funds $96,50O $60,000 $156,500 JUN 1 1 2002 FISCAL IMPACT: The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) allocation for FY 2001-2002 was $2,087,000. Of that amount, $156,500 was allocated to the bus project. $156,500 has been reallocated to the two new projects in the Consolidated Plan Amended One-Year Action Plan. GROWTH MANAGEMENT IMPACT: The Consolidated Plan Amended One-Year Action Plan proposed projects implement the Growth Management Plan, the Immokalee Master Plan and Redevelopment Plans by providing infrastructure improvements, housing assistances, and public services to improve the health, safety and welfare of the community. RECOMMENDATION: The Board of County Commissioners approve a Resolution adopting the County's Consolidated Plan Amended One-Year Action Plan FY 2001-2002 for the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) Program, and provide an effective date. l_den,&IUD Grant Coordinator , j Denton Baker, Int~tor APPROVED Jo~~S Administrator BY. -} SUBMITTED Sus'a~ Date: JUN 1 I 2002 The Consolidated Plan One-Year Action Plan for FY 01-02 can be viewed at the following locations: Collier County Housing and Urban Improvement 3050 N. Horseshoe Drive, Suite 275 Contact person - Lee Combs Collier County Clerk of Courts Minutes and Records Harmon Turner Building - 4th Floor 3301 Tamiami Trail East Contact person - Ellie Hoffman · All Collier County Public Libraries Collier County's CDBG Amended One-Year Action Plan for FY 2001-2002 Proposed Activities & Funding Summary Funding Resources: Community Development Block Grant FY 2001-2002 $2,087,000 Activities to be Undertaken: Activity / Location Responsible Sub- Original Amended Recipient / Agency Amount Amount Changes Infrastructure Improvements - Habitat Village- Habitat for Humanity of $600,000 $600,000 -0- Naples Collier County, Inc. Infrastructure Improvements-Affordable Housin g- Collier County Housing $213,000 $213,000 -0- lmmokalee Authority Special Needs Housing Rehabilitation - Collier Housing $ 47,000 $ 47,000 -0- Thomasson Drive - Naples Alternatives, Inc. Wolfe Apartments - Special Needs Housing- St. Matthew's House $224,160 $224,160 -0- Naples Street Lights - Immokalec Collier County $ 48,000 $ 48,000 -0- Community Redevelopment A~ency Storm Drainage Improvements - Marco Island City of Marco Island $250,000 $250,000 -0- Park Improvements - River Park City of Naples $250,000 $250,000 -0- Community Center - Naples Bus Service - Immokalee, Naples, Marco Island Collier County $156,500 -0- < $156,500> Transportation Temporary Employment Services - Countywide St. Mauhew's House -0- $ 96,500 $ 96,500 Rural Prescription Medication Program - Collier County Social -0- $ 60,000 $ 60,000 Irnmokalee Services** Pro~rarn Planning and Administration Collier County HUI $298,340 $298,340 -0- GRAND TOTAL $2,087,000 $2,087,000 -0- ** in collaboration with Collier Health Services, Inc. at the Marion E. Fether Clinic in Immokalee. G:\CDBG - HUD~ENTITLEMENT 2001-2002 CYCLE (CDBG)LZoMENDMENTLa~MINxExec Summary attac 2OO2 the Consolidated Plan Amended One-Year Action Plan for FY 2001-2002. NOW, THEREFORE BE IT RESOLVED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1 RESOLUTION NO. 2002 -__ 2 3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 4 COUNTY, FLORIDA, APPROVING THE COLLIER COUNTY CONSOLIDATED 5 PLAN AMENDED ONE=YEAR ACTION PLAN FOR HSCAL YEAR 2001-2002 FOR 6 COMMUNrTY DEVELOPMENT BLOCK GRANTS (CDBG) FUNDING, 7 AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF 8 HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, on May 8, 2001, the Board of County Commissioners approved submission 12 of the County's Consolidated Plan Five-Year Plan to the United States Department of Housing 13 and Urban Development (hereinafter HUD); 14 WHEREAS, included in that Plan was the One-Year Action Plan for Fiscal Year 2001- 15 2002; and 16 WHEREAS, the purchase of a 40-passenger to provide transportation for Immokalee 17 residents to service jobs at area hotels on Marco Island was proposed for $156,500 in funding; 18 and said project has been withdrawn by the applicant; and 19 WHEREAS, the Amendment to the Fiscal Year 2001-2002 Consolidated One-Year 20 Action Plan was developed following the Collier County Consolidated Plan - Citizen Parti'cipation 21 Plan, adopted January 9, 2001; and 22 WI~EREAS, the Citizens Advisory Task Force (CATF) met on April 15, 2002 to review 23 proposed projects and recommend funding for the alternate projects proposed in the Amended 24 One-Y~r Action Plan; and 25 WHEREAS, the additional projects which have been proposed for funding are included in 26 27 28 I e~v°'~ OF COUNTY JUN 1 1 2002 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 1'7 18 19 2O 21 22 23 24 25 26 27 28 29 1. The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan Amended One-Year Action Plan for Federal Fiscal Year 2001-2002 for the CDBG Program, which is attached and incorporated herein by reference, and authorizes the Department of Housing and Urban Improvement (HU1) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG programs. 2. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved ~ to form and legal sufficiency: ~ Patrick G. White Assistant County Attorney eleventh day of June, 2002, after motion, second and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN JUN 1 1 2002 EXECUTIVE SUMMARY, AUTHORIZE STAFF TO ESTABt!SP INTERIM DEVELOPMENT CONTROLS (MORATORIUM) ON THE BACKLOGGI-~ AND CONSTRAINED ROADWAY SEGMENTS OF US 41, VANDERb,~ T Bi=ACH ROAD AND DAVIS BOULEVARD (SE 84) ~ To obtain Board of County Commissioners approval to establish interim development controls (moratorium) on the roadway segments previously identified to the BCC for US 41 from Creech Road to Pine Ridge Road, Vanderbilt Beach Road from US 41 to Gulfshore Drive, and Davis Boulevard (SR 84) from Radio Road to Collier Boulevard (SR 951). CONSIDERATIONS: The Transportation Division presented the annual update and inventory report (AUIR) for BCC acceptance o'n December 18, 2001 where segments of US 41, Vanderbilt Beach Road and Davis Boulevard were identified as deficient segments. Under Florida Department of Transportation guidelines for definition of deficiencies, these segments were labeled as constrained or backlogged. Constrained was identified on US 41 as it is currently at the maximum through lanes by FDOT policy. Constrained was also used on Vanderbilt Beach Road which is currently two lanes for the majority of the deficient segment but has been held to the two lanes by policy decision. The backlogged designation was placed on Davis Boulevard as it is currently 2 lanes and has preconstruction phases in the FDOT adopted work program but construction remains unfunded in the five-year program. At the time, modifications to the current Adequate Public Facilities Ordinance (APFO) in Division 3.15 of the LDC were intended to address these particular issues directly. However, identification of inconsistencies between certain components of the Growth Management Plan (GMP) and the proposed LDC changes require the amendment of the GMP prior to amending the LDC language for APFO. In the meantime vehicle crashes have increased significantly on all three segments and development pressures threaten to exacerbate the situation on each. The request at this time to establish interim development control measures based on the delayed implementation of the changes to the LDC as originally anticipated by staff. The boundaries for the three areas are provided as attachments to this summary. Each is somewhat unique due to the characteristics of the designation as well as physical features of the adjacent roadway network. US 41 from Creech Road to Pine Ridge Road is a six lane State roadway and is currently operating at LOS F with a volume to capacity ratio over 1.00. This roadway has experienced an increase in traffic crashes of 10% over the previous year's data. One side of the roadway is within the City limits and the moratorium will not apply to properties in the City. The City's Level-of-Service (LOS) analysis has this segment of US 41 operating at an acceptable LOS. According to the County's and FDOT's LOS calculations the segment of US 41 from Pine Ridge Go Park Shore Drive currently ol:~rates at LOS F and the segment from Park Shore Drive to Creech Road by the County's analysis operates at LOS F and by the FDOT's LOS E. JUN I I 2002 Vanderbilt Beach Road is a two-lane road that has been constrained by policy rather than by physical constraints. Vanderbilt Beach Road is bounded on the south primarily by the Pelican Bay Development of Regional Impact (DRI)/PUD and on the north by the southern area of Naples Park. While many public streets north of Vanderbilt Beach Road run parallel, they are not of comparable fun3..tion. Vanderbilt Beach Road is also a primary connection to the beach areas of Collier County that has limited opportunities for access. Davis Boulevard (SR 84) from Radio Road to Collier Boulevard (SR 951) is a state roadway and it provides primary access to the downtown and east Naples areas. While relief from the traffic congestion at the existing interchanges of Immokalee Road and Pine Ridge Road is anticipated from the new interchange at Golden Gate Parkway, all evaluations show limited benefit to the 1-75/SR 951 (Collier Boulevard) interchange. The degree of relief anticipated is not sufficient to address the failing level of service, as calculated by the County (the LOS analysis done by FDOT indicates that the roadway currently operates at LOS E and the intersection of Collier Boulevard and Davis Boulevard operates at LOS F), on the segment of Davis Boulevard from Collier Boulevard to Radio Road. Major roadway and interchange improvements have been identified as being necessary to overcome the current and projected traffic demand in this area. These improvements are currently the Collier County Metropolitan Planning Organization's number one priority for allocation of the state and federal revenues to Collier County, but current funding, even with the County's commitment to advance funds and be reimbursed by the State, and the anticipated annual allocation of federal and state transportation funds to Collier County is not sufficient to cover the estimated costs of over $57 million, unless all future allocations are "saved" until the necessary funds are accumulated. Restriction of development immediately adjacent and within a proximal impact to the three identified roadway facilities to maintain the health, safety and welfare of the traveling public is necessary. The areas subject to the interim development control measures are defined both geographically as well as by a performance measure which is calculated based upon the actual land use. The areas subject to the interim development control have been developed based on direct primary impacts and measurable secondary impacts. These areas for each of the roadway segments are as follows: The Area subject to the interim development controls (moratorium) for Davis Boulevard (SR 84) shall be any lands which are immediately adjacent whose sole access to the County's major roadway system is to that segment of Davis Boulevard from its intersection with Radio Road to Collier Boulevard (SR 951) and any development on an adjacent/contiguous roadway segment which contributes traffic of one (1) percent or greater of the peak hour service volume of the affected road segment. The adjacent/contiguous roadway segments for Davis Boulevard (SR 84) includes Davis Boulevard (SR 84) from Santa Barbara Boulevard to Radio Road (CR 856), Radio Road (CR 856) from Santa Barbara Boulevard to Davis Boulevard (SR 84), Collier Boulevard (CR 951) from Rattlesnake Hammock (CR 864) to Davis Boulevard (SP 84), Collier Boulevard (CR 951) from Davis Boulevard (SR 84) to Golden Gate Parkway (CR 886) and Beck Boulevard from Collier Boulevard (CR 951) to it's te;mination. Determination of this impact wi Subdivision Plat or Final Site Development Plan. Excepted from this designation are exemptions that include but are not limited to single family homes on an existing lot, development that is vested or in possession of certificates of Adequate Public Facilities based on the requirements of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code, public facilities needed for health, safety and welfare or development for which completed applications for subdivision approvals or site development plan approvals or plans were filed with or approved by Collier County prior to the adoption date of this Ordinance. The Area subject to the interim development controls (moratorium) for US 41 shall be any unincorporated Collier County lands which are immediately adjacent to or parcels whose sole access to the County's major roadway system is to the segment of US 41 from Creech Road to Pine Ridge Road and any development on an adjacent/contiguous roadway segment which contributes traffic of one (1) percent or greater of the peak hour service volume of the affected road segment. The adjacent/contiguous roadway segments for US 41 includes US 41 from Pine Ridge Road (CR 896) to Vanderbilt Beach Road, Pine Ridge Road (CR 896) from US 41 to Goodlette Frank Road (CR 851) and Seagate Drive from Crayton Road to US 41. Determination of this impact will be made at Final Subdivision Plat or Final Site Development Plan. Excepted from this designation are exemptions that include but are not limited to single family homes on an existing lot, development that is vested or in possession of certificates of Adequate Public Facilities based on the requirements of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code, public facilities needed for health, safety and welfare or development for which completed applications for subdivision approvals or site development plan approvals or plans were filed with or approved by Collier County prior to the adoption date of this Ordinance. The area subject to the interim development controls (moratorium) for Vanderbilt Beach Road shall be any lands which are immediately adjacent to or parcels whose sole access to the County's major roadway system is to that segment of Vanderbilt Beach Road from US 41 to Gulfshore Drive and any development on an adjacent/contiguous roadway segment which contributes traffic of one (1) percent or greater of the peak hour service volume of the affected road segment. The adjacent/contiguous roadway segments for Vanderbilt Beach Road includes Gulfshore Drive from Vanderbilt Beach Road to Bluebill Avenue, Vanderbilt Drive from Vanderbilt Beach Road to 111Tu Avenue North, US 41 from Pine Ridge Road (CR 896) to Vanderbilt Beach Road, US 41 from Vanderbilt Beach Road (CR 862) to Immokalee Road (CR 846) and Vanderbilt Beach Road (CR 862) from US 41 to Goodlette Frank Road (CR 851). Determination of this impact will be made at Final Subdivision Plat or Final Site Development Plan. Excepted from this designation are exemptions that include but are not limited to single family homes on an existing lot, development that is vested or in possession of certificates of Adequate Public Facilities based on the requirements of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code, public facilities needed for health, safety JL;,'q 11 2002 and welfare or development for which completed applications for subdivision approvals or site development plan approvals or plans were filed with or approved by Collier County prior to the adoption date of this Ordinance. Proposed development within the areas subject to the interim development controls (moratorium) as described above shall not be permitted until such time as the ordinance establishing the interim development controls (moratorium) expires. FISCAL IMPACT: The anticipated fiscal impact is negligible based on the availability of developable lands that lie outside the areas subject to the moratorium. GROWTH MANAGEMENT IMPACT: This action is consistent with the provisions of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the ordinance establishing a moratorium on the following segments: US 41 from Creech Road to Pine Ridge Road, Vanderbilt Beach Road from US 41 to Gulfshore Drive and Davis Boulevard (SR 84) from Radio Road to Collier Boulevard (SR 951). Donald Scott, AICP Senior Project Manager Date: REVIEWED BY: APPROVED BY: David We!~el .A o y,l,d Nordaan/E. Feder, AI TranspOrtation Administrator Date: , JUN 1~, 7.002 ..u Pg. ~'~"l ~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 1 member to serve in a "non-technical" category, wkh the term expiring on April 13, 2003, on the Environmental Advisory Council. CONSIDERATIONS: This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and 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 Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. A list of the current membership is included in the backup. Mr. Chester P. Soling (Non-Technical category) resigned on January 30, 2001. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY James Streeter Non-Technical Michael V. Sorrell Non-Technical DIST ELECTOR ADV. COMM. $ lYes I None ] Yes I None COMMITTEE RECOMMENDATION: Quasi-Judicial Board - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT'IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners JUNE 11, 2002 pg.~ I -- Memorandum To: From: Date: Subject: Sue Filson, Executive Manager Board of County Commissioners ,~/ Joseph K. Schmitt, Administrato~ Community Development and Er~it~ May 21,2002 Environmental Advisory Council )nmental Services Listed below are the applicants for a non-technical position on the Environmental Advisory Council. The applicants have been categorized in their area of expertise. James Streeter Michael V. Sorrell Collier County Sheriff's Deputy - Naples Jail Center; experience with psychological operations in the U.S. Army Owner of Vintage Lawn Service; experienced volunteer with community environmental groups The Environmental Advisory Council does not review or recommend applicants because they sit as a quasi-judicial body. Community Development and Environmental Services Divisio Office of the Administrator Environmental Advisory Council Name Ms. Erica Lynne 676 110th Avenue North Naples, FL 34108 District: 2 Category: Technical-Ph.D. Engineering 2Zot ~ Phone Appt'Z Home Phone DateRe-appt 514-2968 11/28/00 04/24/02 Ms. Alexandra Santoro 210 Riverwood Road Naples, FL 34114 District: 5 Category: Technical-Biologist 403-1858 04/11/00 793-7878 Mr. Alfi'ed F. Gal, Jr. 262.-8000 09/12/00 82 North Barfield Drive 389-0479 03/13/01 Marco Island, FL 34145 District: 1 Category: Technical-Attorney; Energy & Env Studi Mr. Kenneth K. Humiston 594-2021 324 Sharwood Drive 594-2030 Naples, FL 34110 District: 2 Category: Technical - Professional Engineer 04/24/02 Mr. Ed CarLson 348-9143 375 Sanctuary Road West Naples, FL 34120 District: 5 Category: Technical - Zoology-& wildlife ecol Mr. William W. Hill 3655 Amberly Circle, A 102 774-4412 Naples, FL 34112 District: 1 Category: Technical-Ph.D. Biology 08/09/99 11/28/00 Exp. Date 2ndExl~ ate '~eTm ,. nd Term 04/13/02 04/13/06 1.5 yrs 4 Years 04/13/04 4 Years 04/13/01 04/13/05 7 months 4 Years 04/13/06 4 Years 04/13/03 4 Years 04/13/03 2.5 yrs Page 1 of 2 AGENOA ITEM NO. JUN 11 2002 Pg. ?J Environmental Advisory Council Nanze c Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Lt. Col. Michael G. Coe 262-1818 4552 Eagle Key Circle 732-0625 Naples, FL 34112 District: 1 Category: Non-Technical-Economics & History Mr. Chester P. Soling 1262 Grand Isle Court ~..-~.o( 952-1431 Naples, FL 34108 District: 2 Category: Non-Technical - Architect Mr. Thomas W. Sansbury 840 River Point Drive #840 Naples, FL 34102 District: 4 Category: Technical - Mgmt. 08/03/99 04/13/01 2 Years 03/13/01 04/13/05 4 Years 03/13/01 04/13/03 2 Years 403-6800 04/13/99 04/13/00 ! Year 417-2053 04/11/00 04/11/04 4 Years This 9 member committee was created on 01127/99 by Ord. No. 99-06 to act in an advisory capacity to the BCC in matters dealing with regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIA) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Areas of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. Terms are 4 years. FL STAT Staff.' Joe Schmitt, Community I~evelopment Administrator. 403-2385 Ib'ednesday, April 24, 2002 Page 2 of 2 AGENDA ITEM NO. 11 MEMORANDUM DATE: April 8, 2002 TO: Elections Office 2 FROM: Sue Filson, Executive Manage · . 1~4~ Board of County Commkss~oners RE: Voter Registration o 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 fi.those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY BOARD COMMISSION DISTRICT James Streeter 3191 Golden Gate Boulevard Naples, FL 34120 Michael V. Sorrell 1010 15th Street, S.W. Naples, FL 34117 Thank you for your help. pg.. CHESTER P. SOLING ~ Pelican Marsh 1262 Grand Isle Court - Naples,,FL - 34108 - (941) 59t2-1402 - Fax (941) 592-1431 Chetsoling~aol.com ~CEJV'ED January 30, 2002 I am very sorry to have to advise you that I am have to resign from the Environmental Advisory Council. This is necessitated by my having to move out of the state. During my many years living here in Collier County I have tried hard to be a good citizen. To this end I have offer your board and its many agencies what I considered constructive suggestions. Several of them the board has adopted and your solid waste department is still considering some more of my suggestions. As to my several comments on environmental issues, please remember that what ever is done to change the environment is irrevers~le. The county depends upon its beauty as much as its weather. Builders forget this fact, which will eventually be harmful to them. Indiscriminate spot zoning, as envisaged in the proposal to lmmfer development rights, does not avoid law suites but only encourages development by the pack of builders who generally follow each other into new areas. I feel it has been an honor to serve the county on this council and I am very sorry to have to leave this duty. Cc: Barbara Burgeson ~/ Chester P. Soling Mr. James D. Carter Board of Co~er County Commissioners 3301 East Tmniami Trail Naples, FL 341124977 MEMORANDUM DATE: TO: FROM: April 8, 2~z '~ Joseph K. Schmitt, Community Development & Environmental Services Administrator Barbara Burgeson, Environmenta~t~ecialist II Sue Filson, Executive Manager~ .)( l Board of County Commission~, ~ Environmental Advisory Council 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: James Streeter 3191 Golden Gate Boulevard Naples, FL 34120 Michael V. Sorrell I010 15th Street, S.W. Naples, FL 34117 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the 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 84/83/2882 10:05 9415927312 HEDGEPATH PAC_~ 83 Board of County Commissioners ./2 330~L East Tamia mi Trail Naples, F.L 34112 (941.) 774-8097 Fax: {.941) 774-3602 Application for Advisor3' Committees/Boards Home Phone: 941-863-919'8 Home Address: 3191 Golden Gate Bird Nnples,FL Zip Code: ~4120 Fax No. Buoiuess l'hone:.793-9~01 e-mail address: jstrt 17~cs.com Board or CommiRee Applied for:. Environmental Advisory Council, GoMen Gate Area Ma~ter Phm Ad lto~ Advisory Committee, Rural Lands A~se~sment Area Oversight Committee, Collier County Utility Authority Category (itapplicablc):__ - -~' h - ~ Are you a regLstered voter in Collier County: Ym X No Do you curr~tly hold public offle~? Ye~ No X If ~o, wl~t ia that ofl~e?_ i~ 7o~t ~ow ~efve., or lmw yo~ eeer ~!, oo a Cnllk~ Cmm~y ba~xi or committ~? If yea, ~ li~t the Pie. se list your community activities (civic duba, neighborhood assochtioo~ ete. tml posifiom held: Education KS. Criminal Justice MAsters Public Adminbtartiou (Carrot .tudeftt) See amw. hed resume 84/83/2882 18:85 9415927312 HEDGE:PATH .... PAGE: 82 James Streeter 3191 Golden Gate Bird Neple'a. FL 34~20 To obtain n potion ~ a Committee Member. Phone 941-353-91~3 E-mail: jmrt 17(~cs.com ~ dr PmalIIG Admlldllmlledl Troy State University, Cun~tly enmlted -12 houm Fa~teville ..'~,ate University, FiyMtevile, NC, 19t~8, Chaflcallof's Mst Green Ramp, Pope Air Force Base, NC. 1998 Indlvldmml T~ A~ CowI,~ JFK Special Warfare ~, FL Bragg, NC, 19~8 JFK ~3ecflal Wedm'a C, enler, Ft. Bragg, NC. 1996 JFK Special Warfaea Center, Ft. Bmgg, NC, 1993 Top Secret 2002 FAX NO. : ~¢( Ma~. 15 2002 09:~8PM Pi Application for Advisory Committee~/Boards Name.'/~_'g.,~C/. ~.. .~',~,,~,~¢// Art yon · r~mred votw Lu Colier Com~,: Yes NO. EXECUTIVE SUMMARY APPOINTMENT OF ME. MBER(S) TO THE GOLDEN GATE AREA MASTER PLAN AD HOC ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, exF-2ring on June 26, 2002, on the Golden Gate Estates Master Plan Ad Hoc Advisory Committee. CONSIDERATIONS.'. This 10 member committee was established on March 27, 2001 by Resolution No. 2001-90 to assist in the development of any necessary Request for Pmposais (RP's) for consulting s6rvices; aid and assist in the restudy of the Golden Gate Area Master Plan. This would include assisting staff with the review and development of policy recommendations bom the Rural Fringe Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; and identify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, and assessment of locational criteria for Conditional Uses. Terms are 1 year. A list of the current membership is included in the backup. Mr. Glenn E. Wilt resigned on March 6, 2002. A press release was issued and resumes were received bom the following interested citizen: APPLICANT CATEGORY James Streeter ~ Law Enforcement DIST ELECTOR ADV. COMM,; ~ None COMMITTEE RECOMMENDATION: Committee did not review - no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT.: NONE RECOMMENDATION: That the Board of County Commissioners consider the request 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: JUNE 11, 21}02 filson_s From: taylor_a Sent: Tuesday, May 28, 2002 9:16 AM To: johNson_c; fllson_s Subject: RE: Golden Gate Area Master Plan Comn,i tee The GGAMP committee agreed to recommend to the BCC that the position be readvertised for an opportunity for more applicants. ..... Original Message- .... From: johnson_c Sent: Thursday, May 23, 2002 12:09 PM To: taylor_a Cc: SchmittJoseph Subject: FW: Golden Gate Area Master Plan Committee Importance: High Hi Amy, Have you had an opportunity to prepare a response to Sue regarding the candidate for the GGAMP advisory committee? Thanks. Connie ..... Original Message ..... From: filson_s Sent: Friday, May 17, 2002 10:34 AM To: taylor_a Cc: Schmitt_]oseph; litsinger_s; johnson_c; mudd..j; olliff._t Subject: RE: Golden Gate Area Master Plan Committee Amy, the protocol is that we consider the applicants received prior to the deadline; however, the BCC can reject the applicant and direct me to re-advertise. 5/28/2002 ..... Original Message- .... From: taylor_a Sent: Fdday, May 17, 2002 10:01 AM To: Schmitt_]oseph; lit.singer_s; johnson_.c Cc: mudd_j; olliff_t; filson_s Subject: RE: Golden Gate Area Master Plan Committee I had not received it at the time of Sue's email, yesterday. I asked for her to fax it over to me and I now have it in my possession. The next GGAMP committee meeting is May 22, 3 days beyond the 41 day deadline. Please advise: do we need to readvertise. Since we received only one, as staff I would prefer that we do readvertise, so that we may get others. I am also working with Kay from the Co. Attn. office on revising the resolution to extend the committee. She is planning to get it on the June 11 BCC agenda. Tho_E.~ht would be to reappoi,n,t 9 of the old members and appoint the additional 10th member at the s~=i~ ~ ri'EM ~ JUN i i £?.~2 .... Pg' __'~-- Page Iot I filson_s From: taylor_a Sent: Thursday, May 16, 2002 10:23 AM To: filson_s Subject: RE: Golden Gate Area Master Plan Committee I am sorry to say I never received it. Could you forward it to me again? The next meeting of the committee is May 22. I will ask the committee then. On another note the committee expires on June 26th. We need to extend the committee for an additional year. Commissioner Coletta is in support of this. Do we need to get on the June 11th agenda? Thanks. Amy ---Original Message- .... From: filson_s Sent: Thursday, Play 16, 2002 9:03 AM To: taylor__a Cc: olliff_t; mudd_j Subject: Golden Gate Area Master Plan Committee Hi Amy, Reminder: on Apdl 8th I sent I applicant over for the Golden Gate Area Master Plan Ad Hoc Advisory Committee. The 41 day deadline is May 19th; have you had an opportunity to review and categorize the applicants and get a recommendation from the committee? Thanks and have a great day. 5/16/2002 Golden Gate Estates Master Plan Ad Hoc Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Karen M. Acquard 06/26/01 06/26/02 1 Year 441 24th Avenue, N.E. 455-8318 Naples, FL 34120 District: 5 Category: Civic Leader Mr. Robert Ducharme 354-1592 3121 Orange Grove Trail 353-6879 Naples, FL 34120 District: 5 Category: Real Estate/Business Admin & Manage Ms. Linda Hartman 794 17th Street, N.W. Naples, FL 34120 District: 5 Category: Civic Leader 261-8009 455-1739 Chief Don Peterson 2996 44th Terrace, S.W. Naples, FL 34116 District: 3 Category: Fire Chief 455-2121 455-3015 Mr. Douglas L. Rankin 761 17th Street, S.W. Naples, FL 34117 District: 5 Category: Attorney Ms. Ann Ward 460 39th Avenue, NE Naples, FL 34120 District: 5 Category: 262-0061 455-1682 455-1d44 455-1729 Civic Leader/Community Activities 01/22/02 06/26/02 6 mo. 06/26/01 06/26/02 1 Year 06/26/01 06/26/02 1 Year 06/26/01 06/26102 1 Year 01/22/02 06/26/02 6 mo. Wednesday, January 23, 2002 Page I of 2 · '-' Golden Gate Estates Master Plan Ad Hoc Advisory Committee Name }York Phone ~ 'd Exp. Date Term Home Phone . )ate. ~ 'ppt 2ndExpDate 2nd Term 404-0104 , 06/26/01 06/26/02 1 Year 455-7858 : t ': Mr. Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 District: 5 Category: Developer/Planner Dr. Kris Thoemke 3570 21st Avenue, S.W. Naples, FL 34117 District: 5 Category: Environmentalist 643-4111 455-8383 Mr. Russell Tuff 2642 44th Terrace, S.W. Naples, FL 34116 District: 3 Category: Civic ' Mr. Glenn E. Wilt leO-. 5019 31st Avenue, S.W. Naples, FL 34116 District: 3 Category: Community Leader 353-0~~, 353-1687 353-6843 353-6845 06/26/01 06/26/02 I Year 06/26/01 06/26/02 1 Year 06/26/01 06/26/02 1 Year This 10 member committee was established on March 27, 2001 by Resolution No. 2001-90 to assist in the dev~:~:m~ent of any necessary Request for Proposals (RFP's) for consulting services; aid an~"~si~ in the restudy of the Golden Gate Area Master Plan. This would include assisting staff wifll~he review and development of policy recommendations from the Rural Fdnge Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; and identify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial La.nd Use Study, and assessment of Iocational criteda for Conditional Uses. Terms are I Year FL STAT Staff: Miehole-Mo~T Senior Planner:. 403-2400 W'edn~sday. , January 23, 2002 Page 2 of 2 MEMORANDUM DATE: April 8, 2002 TO: FROM: Elections Office Sue Filson, Executive Manager Board of County Commissione~ 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. GG AREA MASTER PLAN ADV COMM James Streeter 3191 Golden Gate Boulevard Naples, FL 34120 Thank you for your help. COMMISSION DISTRICT MEMORANDUM DATE: April 8, 2002 TO: Amy Taylor, Principal Planner Planning Services Sue Filson, Executive Manage~/~, Board of County Commissionerg'" FROM: ,,z--OqOg Golden Gate Area Master Plan Ad Hoc 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: James Streeter 3191 Golden Gate Boulevard Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments pg. r~ 04/03/2002 ~0:05 94~59273~2 HE~ATH PA~ 83 Board of County Commissioners 330t East Taminmi Trail Naples, FL 34112 (941) 774-80~7 Fax: (941) 774-3602 Application for Advisory Committees/Boards Namm,=Jamm Strm~x Hame Phone: 941-353-9193 Hame Addrem: 3191 Golden Gate Blvd Naples,FL Zip Code: 34120 Faa Nb lhtsloe~ Phoue:793-gS01 e-mU ~-ddr~ss: jstrt 17~cs.com Board or Commiff~e Applied for:. Environmental Advisory Council, GoMen Gate Area M_xtter Plan Ad Hoe Advisory Committee, Rural Lands Assessment Area Oversight Committee, Collier County Utility Authority Please list your community activities (civic dab, teitld~rkood tlsochti(mf~ etc. and padtiou held: Education B.S. Criminal Justice 84/83/2882 18:85 9415927312 HE:DGEPA/H .... PAGE 82 James Streeter 3191 Golden Gate Bird N~3le~. FL 34120 To ol~m~., tx3eltion ~ a ~ Meml:~. Phone 941-353-9193 E-m~: jstrt17~cs.c=m 1Stt -l~ei U..&. Jbmy Ft. lmlg, NG · Sur~,isedar~c=nduc~lWainingomrak~,put~w~~. and · Trained in Armed Tmn~xxt ~ F~ T~ ~ ~ Top Secret EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY OBJECTIVE: To reappoint 1 member to serve a 4-year term, expiring on May 21, 2006, on the Collier County Water and Wastewater Authority. CONSIDERATIONS.'. This 5 member council was established on February 27, 1996, by Ordinance No. 96-6 to regulate utility rates and related matters regarding non-exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature, with expertise in engineering, finance and/or business administration. The remaining 3 members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of regulation. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. After initial staggered terms, the terms will be 4 years. A list of the current membership is included in the backup. Mr. Robert C. Bennett's term expired on May 21, 2002. A press release was issued and resumes were received firom the following interested citizen: APPLICANT .CATEGORY DIST ELECTOR ADV. COMM. I Robert C. Bennett I Technical I 3 I Yes I Water & Wastewater Authority COMMITTEE RECOMMENDATION: No recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of. County Commissioners consider the request for reappointment, appoint one member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Ag~!. da Date: JUNE 11, 2.002 AC..~./qDA ITEM Memorandum To: CC: From: Date: Subject: Sue Filson, Executive Manager, Board of County Commissioners Joseph K Schmitt, Administrator, Community Development and Environmental Services D~.~sion Bleu Wallace, Director//~// May 31, 2002 Collier County Water & Wastewater Authority Vacancy I have reviewed the request of the applicant seeking re-appointment to the Collier County Water & Wastewater Authority, keeping in mind the qualifications required for a technical member vacancy. The Authority consists of five members; three technical members and two lay members. Section 1-3 (E), Ordinance No. 96-6 (The Utility Regulation Ordinance), as amended, provides for the following: Applicants who are customers of a regulated utility shall be preferred. Technical members are to be appointed based on expertise in engineering, executive experience in finance, accounting, ratemaki,'ng, utility regulation, or business administration. Mr. Robert C. Bennett, 285-1 West Naomi Drive, Naples, Florida 34104. Mr. Bennett is a Naples resident with extensive executive management and business administration background; very active in the community; af-filiated with numerous local state, and national associations. Mr. Bennett was first appoint, ed to the newly formed Collier County Water and Wastewater Authority in 1996, serving an initial 2-year term, was reappointed to a 4-year term in 1998, and has actively participated in the Authority's monthly meetings. Mr. Bennett's involvement in the regulatory oversight of investor-owned utilities has lent success to the Utility Regulatory agency in protecting the rights of customers of investor-owned utilities. His demonstrated performance and keen insight regarding his business administration experience qualifies him for re-appointment as a technical member. While qualifications are capsulated above, no staff recommendation is contai Operations Department Communily Development & Environmental Services Divisior, Name Utility Authority Work Phonc Appt'd ~p. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Robert C. Bennett 7065 Dennis Circle 103 Naples, FL 34104 District: 3 Category: Executrve Management 07/16/96 352-0219 04/28/98 Dr. Fay R. Biles 1588 Heights Court 394-3089 Marco Island, FL 34145 District: 1 Category: Lay Member Mr. Roger P. Kastel 4522 Ashton Court Naples, FL 34112 District: 1 Category: Civic Pride t .-~ I~'i ~ 417-1164 Mr. Andre M. LeCrone 3240 Valencia Drive Naples, FL 34120 District: 5 Category: Technical Mr. Gregory E. Smith 2453 Dorset Court Naples, FL 34112 District: 1 Category: Technical 434-0333 775-O748 732-0958 05/I 2/98 05/25/99 04/24/01 05/25/99 06/13/00 05/21/98 05/21/02 05/21/99 05/21/03 05/21~5 05/21/03 05/21/04 2 Years 4 Years 1.5 Years 4 Years 4 years 4 Years 4 Years pg. 3 Utility Authority Work Phone X~pt'd Exp. Date Term Name Hom, e Phone DateRe-ap£t 2ndExpDate 2nd Term This 5 member authority was established on Febma~ 27, 1996, by Ordinance No. 96-6 to regulate utility rates and related matters regarding non-exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature, ~ith expertise in engineering, finance and/or business administration. The remaining 2 members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of regulation. Members are required to file a Form I Statement of Financial Interests each year with the Supervisor of Elections. Terms are 4 years. FL STAT 125.016) Staff.' Bleu Wallace, Utility/Franchise Director. 403-2302 Thursday, April 26, 200i Page 2 of 2 A~A ITEM JUN MEMORANDUM DATE: TO: FROM: May 24, 2002 Elections Office ~ Sue Filson, Executive Manager Board of County CommissionerL~-~ ' Voter Registration - Advisory Board Appointmems The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. UTILITY AUTHORITY COMMISSION DISTRICT Robert C. Bennett 285-1 W. Naomi Drive Naples, FL 34104 Thank you for your help. So, rd of C0unt~ Com~tss °nersju~J i i 2~02 MEMORANDUM DATE: TO: FROM: May 24, 2002 Bleu Wallace, Utility Regulation Mattager Sue Filson, Executive Manager--~ Board of County Comrmssloner,,~" Utility Authority As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert C. Bennett 285-1 W. Naomi Drive Naples, FL 34104 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive sununm3' 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 0~/12/2002 21:11 9413537719 PAGE 01 ROBER'~ C. BENNETT .98~1 W. NAO]~" 'VE APUES,- ," o, FAX (941) 3537719 email bbe .anetl~..,naples. ne! FAX TRANSMITTAL SHEET Board of County Commissioners DATE: May 17, 2002 TO: Sue Filson FROM: Robert C. Bennett SUBJECT: Application for Water and WasteWater Authority Number of pages including transmittal sheet-'3 If all pages not received, please 611 Bob Bennett at (941) 352-0219 Attached is my application to cohtinue as a member of the Wi~er and WasteWater Authority. Thank ~ou. JUN 1 i 0~/12/2002 21:11 9413537719 PAGE 02 ( ,,m mi!tces,"lJ(rard~, Home Addre95:_28~-I West Naomi Drive Nap ,l~ ItL :14104 i LZip Code: Fax No._941-353-7719_ Busing. a phone:_941-290-2.331 address: b_b.c~m.c, tT(?~J]a~.I-es-L-n~ ' - Business:_Bennett Starch & ConsnJt[ng Compkoy, inc.~ Boa~l or Committee Applied for: Wn~r and ~nste Water Authority CateJory (it' applicable): Executive .-------- Are you a re~tered voter in Collier County: ~e~ X__.__No No Do yon currentl7 bold public office? Ye~ If so. what is the( a, fl'ke?. . Do yeti new serve, or Imvt roe ever ~erved, on ~t Collier Cmmty board or committee? ye~ If yes, please list the committees/boards:_ Waste Water Authority_Chair Black Affairs Advisory Committe~,. Vice Chair Former President of Beta Theta P' Water and JUN 1 I 2002 Edncation: Please list your community ~-~vltk. s (civic cl :.t~bs. neighborhood ndsoctnttent, etc. tnd peM~ hdd: . ~ and' chairman .Nominating and B~ard Development Commlttt~.'~e Naples Players, lac- . : - , ..... n,. r~.he~es Association Boatrd of Directors . _ . ~]~;'~s~;t and Board or Trustees The Yale Club of ~outhWest'Flon~. of ~outh Wot F1aPi, dn 0~/12/2002 21:11 9413537719 Yale University Indus,'Iai Celk~e of the Armed Forces Experience: Executive Vice president National Electric Products corporation pr~ldent ~0 W~ieMlndd' tlem~'ic Produttl Corporntion ~ Senior Vice Presld,_mt Bell Intercontis~mtal Ce. ~(NYSE) President Bennett Senrch & ConsuRtn~ Compa~ny, Inc. Hoard of Director~ C'n/~a~ & Aurorn Railroad PAGE 03 0~f15/2082 12:40 9413537719 ROBER 7AI5-1 W. NAP1 (94 FAX email bb FAX TRA DATE: May 20, 2002 TO: Sue Filson FROM: Robert C. Bennett SUBJECT: Application for Wa F C. BENNETT qAOMI DRIVE ZS, FL 34104 I) 352..0219 941) 353-7719 ~nett~naples. net [SMITTAL SHEET :er and WasteWater Authori~ pages including tra~.smittnl sheet-'3 ....... Number of not received, please!call Bob Bennett at (~.41) ~~ If all pages ~tter outlines my activities, Attached is my resume, which attach it to my application to ct WasteWater Authority. Thank ~tlnue as a member of the ~,a~rand~ : PAGE pg. 1o 01 0~/15/2002 12:40 94~35377~9 PA~E 02 ROBERT C. BENNETY PRESENT BUSINESS EXPERIENCE President, Bennett Search & Consu!t. ing Company, Inc. an executiv~ search management consulting in'm, successb, r to Bennett-Hill & Assoeiate~, YHB Investment Advisors, Inc. West .~lartTord, CT and Naples, FL PAST BUSINESS EXPERIENCE Executive Vice President and Board of Directors, National Elec~~ l~rodl~ Corporation, Pittsburgh, PA.(OTC), Nepco Realty Corp. and Nepeu of~almda~: I.~d. President, Bennett Associates, Inc. Chairman, President/CEO Wheatlamd. Electric Products Corp., Pittsb~lgllt, PA. Senior Vice President, Bell Intercontinental Corporation (NYSE), N~v Y~"k, NY. tater known as Wheelabrator Frye. ~'ice President of the Equi~ Corp! '(ASI:) wlllteh owned control of Bell Officer and/or director of Bell and l~quity affiliates, including Pacific ~ ~ (ASE), Real Estate Properties Corp..bf New York, The Garden City C~ngtn~, Intex Oil Inc. (ASE), Chairman of the l~oard Acorn Chemical, Inc. and!~ ~ C~rlesi~, Auror~ ~d Elgin Railroad. President Bennett Hill & Associates~ Inc., an Executive Scarch Fh-m Naples, Atlanta, Clevelaud, Chtcago~ New York, Boston and Daltnt. Board of Directors of Alarmos De 5~exico and lndustrta Stookey, Mex~ Vice Chairman of the Board of the ]~ational Association of Executive Young President's Orgnnixation. (Y~.). Pre~ent Naples member of Member Worm President's Organ~tion EDUCATION Yale University Industrial College of the Armed For~es American Management Assoclation~ General Management Course. IJntt4' Prlmdpal Lecturer. U.S. Navy Lieutenant. Pg. 0~/15/2002 12:40 9413537719 PAGE 83 COMMUNITY iNVOLVEMENT (P~ST AND PRESENT) CURRENT ACTIVITIES Member Water and Wastewater AuthOrity of Collier County. C'hairmaa 199B-99.' Leadership Collier Cla~s of 2000 .L~..adership Institute Cla~s of 2001 Vice President and Board of Trust '..e~, Yale Club of Southwest Flor~da~ Fofml~r i : President ' . B~ard of Directors juvenile u . Board of Dircctor~ The Naples Playe~. ChMrman Board Committee ~he Forum Club Kiwanis. Former Treasurer and Boa ,r~l Member Naples Area Chamber of Commerce: Chamber Bali and Marketing~ commttte~. Presidents Club Naples Council of World Affairs . Hospitality and Technology profess~o~aals Indiana Society of South We~t Florid$ PAST ACTIVITES Board of the American Cancer Society. Board of Trustee~ Southwm Florid~ College. , ~.. ' Board of Governors the Naples Bath ~nd.Tenn~ Board of Directors, Florida Tennis A~ .s~cmtion: D~strtct Director S Cou~im. resident, Western Pennsylvania Te~ms Assoc:ation. ' . P~:-' V~ce president, Middle State~ Stctlon of the Umt..ed .S?te~ Tennis Vice Pre~ident Youn~ Republicans o! Cook County, llllnMS : . .Board of Di.rectnra, Ma ,yvlenv.State Fll~pital, Pittsburgh, PA Ivama State Chair Clhzens fo~ Eiaenhower eampatg~ : Penuay ...... ,~-'--.,,. &avisor~ Board to Collier County '"" ~r~--~de'--nt and Board of Trustee~ YMCA of Collier County Vice P ........ ,- --~ .... ad nine Advanced Acadeflll~ F~lltov of Badge and l~ey. ~ncrm .*. ........ · Network. Volunteer C .o0rdtnator- AWARDS Outstanding Young Man of PittsbUrgh, by Time Mag~,tne and th~ chambe~ ed' Commerce. ; Rotar~ Paul Harrb Felk~... . ...i ..... ,,__.:.. &...rd ,va ,~,t,. Mumai Association) uullltanmnl~ ocrv~c ~,-- - _ Al~"'-~n'~l~a'~ Swimmer-World rec .drd bolder, Charter Member Sw~mlng Faa . Members mast have either Member Internatnonal Lawn Tenui~Club. · .......... tr · mn lot rne~r cuun m mternat~ouM compet~t tournament or played ' * i ~.G~. _ ! EXECUTIVE SUMMARY APPORqTMENT OF MEMBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD APPLICANT OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on June 25, 2006, on the Hispanic Affairs Advisory Board. CONSIDERATIONS: This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membership is included in the backup. The terms for Mr. David Correa and Mr. Robert J. Pina will expire on June 25, 2002. A press release was issued and resumes were received from the following 4 interested citizens: CATEGORY DIST ELECTOR ADV. COMM. ~ ~ N/a N/a · ' N/a N/a ~Affairs Adv. Bd. ~ani¢ A~ Adv. Bd. COMMITTEE RECOMMENDATION: That the BCC consider all applicants, appoint 2 members and consider the remaining two members for appointment for future vacancies. NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted, "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Mr. David Correa has served 2 terms. Should the Board wish to re-appoint Mr. Correa, the limitations on two consecutive terms will need to be waived. 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: JUNE 11, 2002 MEMO RAN D UM RECEIVED MAY 3 1 2002 Board of County Commissioners TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Bo~mmissioners Ranu'"I~ Mafialich, Chief Assistant County Attorney May 30, 2002 Collier County Hispanic Affairs Advisory Board (HAAB) Recommendations Regarding Applicants for HAAB Vacancies This is to inform you that at the May 23, 2002 HAAB meeting, the Advisory Board voted to recommend all four of the following applicants for membership on the HAAB. The HAAB understood, when it voted, that there are apparently only two vacancies at this time. Regardless, the HAAB felt that the two incumbents (Mr. Correa and Mr. Pina) as well as the new applicants (Robert Davis, Jr. and Pat F. Engelhardt-Provence) were all well qualified to serve on the Advisory Board. The HAAB asked me to inform the County Commission that any applicants that are not appointed as part of this appointment process should be considered to be recommended by the HA. AB for the next appointment process. Please contact me if you have any questions or comments. Respectfully submitted. CC: David Correa, Chairman, Collier County Hispanic Affairs Advisory Board David C. Weigel, County Attorney H/Ramiro/HAAB/Filson: JUf~ i ~ 2CD2 Hispanic Affairs Advisory Board Work Phone Appt'd Home Phone DateRe-appt Ms. Sofia Pagan 238 Pebble Beach Blvd., Apt. 604 Naples, FL 34113 District: )(, I Category: Mr. Carlos Aviles 713 North 9th Street Immokalee, FL 34142 District: 5 Category: 732-7800 11/14/00 417-5107 657-4493 09/25/01 279-8372 Mr. Frank G. Loney 131 Tahiti Street Naples, FL 34113 District: 1 Category: Mr. David Correa 9720 Vanderbilt Drive Naples, FL 34108 District: 2 Category: Mr. Robert J. Pina 5501 Rattlesnake Hammock, Apt. 113 821-5433 Naples, FL 34113 District: 1 Category: Ms. Lourdes Ramann 16 Maui Circle Naples, FL 34112 District: 1 Category: 732-9558 Exp. Date Term 2ndExpDate 2nd Term 06/25/03 2.5 Years 06/25/03 1.9 Years 08/01/95 06/25/99 4 Years 06/22/99 06/25/03 4 Years 06/06/95 06/25/98 3 Years 10/20/98 06/25/02 4 Years 11/14/00 06/25/02 1.5 Years 01/08/02 06/25/05 3 Years Wednesday, ~%tarch 27~2002 Page I of 2 12032 Hispanic Affairs Advisory Board Sam~ Work Phone Appt'd .-itome Phone DateRe-appt Ms. Susan Calkins 740 High Pines Drive Naples, FL 34103 District: 4 Category: Ms. Alina Prio Portuondo 2253 Arbour Walk Circle/t516 Naples, FL 34109 District: 2 Category: Mr. Pete Cade 1210 Lee Street Immokalee, FL 34142 District: 5 Category: 434-8095 775-1221 596-8771 867-3220 657-1763 Exp. Date Term 2ndExpDate 2nd Term 05/22/01 06/25/05 4 Years 03/26/02 06/25/05 3 Years 09/25/01 06/25/05 4 Years This 9 member committee was created by Ord. No. 91~37, amended by Ord. No. 91-78) to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide periodic reports to the Board of County Commissioners. Terms are 4 years. FL STAT Staff: Ramiro Manalich, Chief. Assistant Attorney: 774-8400 Page 2 of 2 MEMORANDUM DATE: May 6, 2002 TO: FROM: Elections Office . ~ Sue Filson, Executive Manage~'~' ~ Board of County Commissioner~ 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. HISPANIC AFFAIRS ADVISORY BOARD David Correa 9720 Vanderbilt Drive Naples, FL 34108 COMMISSION DISTRICT Pat F. Engelhardt-Provence 4680 St. Croix Lane, #537 Naples, FL 34109 Robert Davis, Jr. 1583 Weybridge Circle Naples, FL 34110-1097 Robert J. Pina 5501 Rattlesnake Hammock, #113 Naples, FL 34113 Thank you for your help. MEMORANDUM DATE: TO: FROM: May 6, 2002 Ramiro Mahalich, Chief Assistant County Attorney Sue Filson, Executive Manager ~ Board of County Commissioners, d Hispanic Affairs Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: David Correa 9720 Vanderbilt Drive Naples, FL 34108 Pat F. Engelhardt-Provence 4680 St. Croix Lane, #537 Naples, FL 34109 ~ .l~3bert Davis, Jr. t ~t13 Weybridge Circle Naples, FL 34110-1097 Robert J. Pina 5501 Rattlesnake Hammock, #113 Naples, FL 34113 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 surrwnary for the Board's consideration. Please categorize the applieantsin areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments i 1 2002 (_,, DAVID Sue Filson Executive Manager Board of County Commissioners BOARD OF COUNTY COMMISSIONERS: CORREA April 22, 2002 RECEIVED APR 2 3 2{302 of County Please be advised, I am seeking to retain my position on the Hispanic Affairs Advisory Board. Please do consider my appeal for an additional term. At the present time, I am the Coordinator of Volunteers for the Department of Juvenile Justice. I look forward to continuing my service on this board. Thank you for your kind attention to this matter. Sincerely, DAVID CORREA Chairman of the Hispanic Affairs Advisory Board, Collier County 9720 VANDERBILT DR. NAPLES, FLORIDA 341, Subject: Pat Engelhardt-Provence [prohardt@comcastnet] Tuesday, April 23, 2002 4:46 PM filson_s Application for Advisory Committee ColICWAdbBdAppl.c ColICLyBdAppWP ATT73371.txt wk Dear Sue, Thank you for your assistance in getting the information regarding the Collier County Board of Commissioners 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 HispanicAffairs Adv±so~q~ Comm~tte-~. I am also interested in the Health and Human Services Advisory Committee, and, the Citizens Advisory Task Force. JUtq 1 2 82 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 Na Chairman, Norm Augustine, for Chairing a successful ARC State Conference. o1998 Secretary of the Lee County ARC Board and Vice Chair. , .~ 1996: Gulf Coast Woman Magazine Profile: "At Attention With Pat Engelhardt, A Passion For Leadership". 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: DMe Carnegie Course; J. Neil Dwyer & Assoc., Inc. (Distinguished Graduate), Fort Myers, FL. 1991: Public Affairs Staff Officer's Course; Department. of Defense Information School, Indianapolis, IN. 1985: M.S. Counseling and Human Development; Troy State University, AL. 1981: B.A. Radio/Television/Jou rn alism; 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. FROM /-,PR 2 2 2002 Board of Coun~ Commiss~ii~r~ Naples, Ft, 341 '!2 (94 !) 774-8~7 ~ ' Fa~x: (94 l) 774-3602 Application for Adviso~ Com mi~ees~oards Nme: ~oaea~ ~~,~', ~. Home~one:(~2~o-~i Do you ~fly hold pubic o~? ~ No ~ you ~ ~ or ~vo y~ ~er ~ ~ a ~ C~ ~ or co~? Y~ .... Please li~t your c0mmAKity activities (civic clubs, ndghborhood a~soda, tlons, etc.. and position? RECEIYE~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL OBJECTIVE: To appoint 1 member to fulfill the remainder ora vacant term, expiring on August 31, 2003, on the Emergency Medical Services ~-.dvis~,ry Council. CONSIDERATION .S.: This 11 member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. Ms. Carolyn D. Spatta, representing Commission District 3 resigned her position on March 28, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIS.T.. ELECTOR ADV. COMM. Valerie Stolts I Commission District 3 I 3 I Yes I None COMMITTEE RECOMMENDATION: Valerie Stolts 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: JUNE 11, 2002 J U N 1 I 20[}2 Pg. / From: brown_b ¢-~nt: Friday, May 31, 2002 10:29 AM filson_s bubject: EMSAC Advisory Council Sue, At the May 29, EMSAC meeting the Board voted unanimously to appoint Valerie Stolts as a member of District #3. Could you please continue with the Board for acceptance, or is there something I need to do. Can you notify me of the date her position will be presented to the Board. I would like to notify her of the first meeting she can attend. Thank you for you cooperation, Barb Emergency Medical Services Advisory Council Name Work Phone Appt'd . Exp. Date Home Phone Datet e-appt 2ndExpDate 09/115/98 08/31/01 Mr. Michael F.X. Geraghty 50.1 Goodlette Road, Suite D-100 Naples, FL 34102 District: 4 Category: Commission District 261-3756 Dr. Fay R. Biles 1588 Heights Court Marco Island, FL 34145 District: 1 Category: Commission District Tel'm 2nd Term 3 Years Ms. Heather Rockcastle 342 Pinehurst Circle Naples, FL 34113 District: 1 Category: At-Large 09/17/96 08/31/99 3 Years 394-3089 12/14/99 8/31/02 3 Years Mr. Robert D. Laird 1765 Courtyard Way, 205-C Naples, FL 34112 Distri'~: 1 Category: At-Large 10/10/00 08/31/03 3 Years Ms. Tucky P. Ramsey 7515 Pelican Bay Boulevard, #1F Naples, FL 34108 District: 2 Category: Commission District Ms. Carolyn D. Spatta 5564 Foxhunt Way ~ ,~o Naples, FL 34104 District: ~ ~ Category: Commission District 417-1192 11/01/94 08/31/97 3 Years 793-0933 10/10/00 8/31/03 3 Years 514-1599 06/13/00 08/31/02 2 Years 10/23/01 08/31/03 2 Years 659-2785 gFednesday, O~ober 24, 2001 Page I of 3 JUN i i 2CC2 Name Emergency Medical Services Advisory Council tVork Phone . Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd'Term Ms. Kathryn M. Godfrey P.O. Box 990935 Naples, FL 34116 Distrizrt: 5 Category: Commission District Ms. Gail Dolan P.O. Box 413029 Naples, FL 34101 District: Category: Naples Community Hospital Deputy Gary Young 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Sheriffs Department Ms. Stephanie Vick 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Health Department Mr. Sheldon Reed 735 Eighth Street, South Naples, FL 34102 District: Category: City of Naples Dr. Robert Zehr 1105 5th Avenue South Naples, FL 34102 District: Category: Cleveland Clinic 436-5151 348-9645 12/14/99 08/31/02 3 Years 262-3131 01/13/98 08/31/99 2 Years 12/14/99 08/31/02 3 Years 774-4434 09/17/96 08/31/99 12/14/99 08/31/02 3 Years 774-8200 02/27/01 08/31/02 1.5 Years 434-4610 09/13/94 08/31/96 2 Years 12/14/99 08/31/02 3 Years tVedne~ day, October 24, 2001 3484o00 10/10/00 08/31/03 3 Years Page 2 of 3 jUN I 2002 Emergency Medical Services Advisory Council }V' 'I; Phone Appt'd Exp. Date Term Name Ho' ,e Phone DateRe-appt 2ndExpDate 2nd Term This 12 member committee was created by Ord. No. 80-80 to advise the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. Ord Amended on 10110/00 to add a representative from Cleveland Clinic (Ord. 2000-70) FL STAT Staff.- Jeff Page, Emergency Medical Services Director:. 774-8459 19'edn~da),, october 24, 2001 Page 3 of 3 DATE: May 6, 2002 MEMORANDUM TO: FROM: Elections Office Sue Filson, Executive Manager Board of County Commissioners ,/j 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. EMSAC Valerie Stolts 6320 Coach Light Drive Naples, FL 34116 COMMISSION DISTRICT Thank you for your help. Boe~ of Co~t~ Coe~Jss~o~ers AGEND'~ ITEM N 1 1 2002 MEMORANDUM DATE: TO: FROM: ~/~v 6, 2002 Jeff Page, EMS Sue Filson, Executive Manager Board of County Commissionersfi(.J EMSAC As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes.received for your review as follows: Valerie Stolts 6320 Coach Light Drive 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 i i2002 3UN I 12002 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE EZDA/CRA ADVISORY BOARD OBJECTIVE: To appoint I member to fulfdl the remainder of a vacant term, expiring on April 4, 2003, on the lmmokalee EZDA/CRA Advisory Board. CONSIDERATIONS: This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opporOmities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Cornmimity to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the C~mber of Commerce, financial or insurartce entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating w~thin the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. This committee also serves as the Immokalee Redevelopment Board. A list of the current membership is included in the backup. Mr. Casey WoLffresigned his position on April 23, 2002. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. IL H. (Benny) Starling, Jr. Business in the Zone 5 Yes None Colette Hall Business in the Zone Resides in Lehigh Acres .... Vincent A. Cautero Business in the Zone 2 Yes None COMMITTI~.E RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint I 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: JUNE 11, 2002 RECEIVEg, t4A¥ 3 1 2002 Board of Counl~ Commissioners Memorandum To: FROM: DATE: RE: Sue Filson, Executive Manager Board of County Commissioners Helene Caseltin~C/ED, Economic Development Manager Housing & Urban Improvement May 30, 2002 Immokalee EZDA/CRA Advisory Board Appointments The State has enacted a program, the Florida Enterprise Zone Program, to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, which was approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. This Board has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. The Committee was created through Ordinance 95-22 as the Immokalee Enterprise Zone Development Agency (EZDA). In addition, the County Commission appointed members to the EZDA under Resolution 95-249. More recently, Resolution #2001-98 was adopted on 3/27/01 creating the Immokalee Local Redevelopment Advisory Board, whose members also serve on the EZDA. Currently, there are three (3) applicants for one open position as "Business in the Zone". All three applicants meet this position requirement. The appointee will serve the remaining term of Mr. Casey Wolff, who recently resigned. 'According to our records, the term expires 4/4/2003. As there was no quorum available at the 5/23/02 EZDAJCRA Advisory Board meeting, no votes were taken for a recommendation to fill this position. Listed alphabetically, the applicants are: 1. Mr. Vince Cautero, Vice President of Planning for Wilkison and Associates, an engineering firm serving Immokalee clients 2. Ms. Colette Hall, Manager of People's Service Center, Inc. located in Immokalee on Main St. 3. Mr. H.B. "Benny" Starling, Owner of B-Hive Flowers & Gifts in Immokalee and Executive Direct6r of the Immokalee Chamber of Commerce Memo - Sue Filson May 30, 2002 Page two For the Commissioners' information and convenience, I have attached a spreadsheet listing the three applicants and comparing their backgrounds and areas of expertise, which may help in the selection process. If you would, please prepare an Executive Summary for the Board's consideration of the applications and let me know if any further information or assistance is needed to initiate the process. Thank you for your help. /]'lC Attachments: Application spreadsheet cc' Raymond Holland, EZDA Chairman Fred Thomas, Immokalee CRA Advisory Board Chairman Joe Schmitt, Administrator, Community Development and Environmental Services Denny Baker, Interim Director, Housing and Urban Improvement Marlene Foord, Principal Planner, Collier County Planning Services iTEM AOEND_A [~.M NO., 9/" Immokalee Enterprise Zone Development Agency Wori~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Fred N. Thomas, Jr. 1800 Farm Worker Way Immokalee, FL 34142 Distri-~: 5 Category: Non Profit Organization 657-3649 04/04/95 04/04/96 1 Year 09/11/01 04/04/05 4 Years Ms. Lucy Ortiz 606 Roberts Avenue Immokalee, FL 34142 District: 5 Category: Non Profit Organization 262-4404 04/04/95 04/04/99 4 Years 657-5617 03/23/99 04/04/03 4 Years Mr. Ira J. Malamut 11990 Wedge Drive Ft. Myers, FL 33913 District: Category: Non-profit Organization 658-3560 03/23/99 04/04/03 4 Years Mr. Jerry Hubbart P.O. Box 267 Felda, FL 33930 District: Category: Business in Zone 658-3505 03/23/99 04/04/03 675-3747 Mr. Raymond T. Holland P.O. Box 5324 Immokalee, FL 34143 District: 5 Category: Finanical Entity 4 Years 657-3171 04/01/97 04/04/01 4 Years 657-4568 09/11/01 04/04/05 4 Years 04/09/02 04/09/05 3 Years Ms. Cara Ayala 348-7221 5720 Copper Leaf Lane 348-8790 Naples, FL 34116 DJstr/~: /-~ Category: Local Business in the Zone Page 1 of 3 Wegnmday, April 10. 2002 Immokalee Enterprise Zone Development Agency N~Dl,~e Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Floyd Crews P.O. Box 610 Immokalee, FL 34143 District: 5 Category: Resident/business 657-2429 11/24/98 04/04/99 2 Years 03/23/99 04/04/03 4 Years Mr. Alan W. Neuman 1653 South Fountainhead Road Ft. Myers, FL 33919 Dis/r/ct: 5 Category: Private Industry Council 481-8020 08/05/97 04/04/99 2 Years 03/23/99 04/04/03 4 Years Mr. Charlie Esquivet 825-3591 703 Taylor Lane 368-8827 Lehigh, FL 33936 District: Category: Local Business in the Zone Mr. Casey Wolff ¢~'~5""~ 261-0544 4951 Gulf Shore Boulevard, Apt. 1701 Naples, FL 34103 Distr/~: 4 Category: Immigration Law Lt. Mark W. Baker 112 South 1st Street Immokalee, FL 34143 District: 5 Category: Local Law Enforcement Mr. John Kirchner 3311 Golden Gate Boulevard, E. Naples, FL 34120 District:5 Category: Ernmokalee Chamber of Commerce 04/09/02 04/04/06 4 Years 09/28/99 04/04/03 3.5 Years 657-6168 04/09/02 04/04/06 4 Years 352-8575 07/28/98 04/04/99 8 Months 03/23/99 04/04/03 4 Years Wednesday, April 10. 2002 Page 2002 Immokalee Enterprise Zone Development Agency S~ Work Phone Appt'd Exp. Date Term Home Phone DateR~pt 2ndExpD~e 2nd Term Ms. Dora Vidaurri 106 S. First Street, Suite 103 lmmokalee, FL 34142 District: Category: Local Code Enforcement 657-2525 09/11/01 04/04/03 2 Years Ms. Denise Blanton 657-3306 14700 Immokalee Road lmmokalee, FL 34120 District: 5 Category: non-voting ex-officio member Mr. Tony Sanchez, Jr. 658-1313 506 South First Street Immokalee, FL 34142 District: 5 Category: Business/Minority/EX OFFICIO 12/09/97 00/00/00 unlimited 12/14/99 This 13 member committee was created on Apdl 4, 1995, by Ord..No. 95-22 to induce pdvate investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. Initial members were appointed by Resolution No. 95-249. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the FL Dept. of Commerce for Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the formal app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit community-based organizations, local private industry council, local code enforcement agency, and local la~ enforcement a~encv_ Amended bv Ord. No. 97-81 Terms are 4 veam. FLSTAT 290.001 - 290.016 ~ta~.- Denny Baker, HUI Business Manager:. 403-23G0 w~u,~, A~,~ ]#, 2~2 ewe s o/3 JUN T I 2032 7 MEMORANDUM DATE: May 24, 2002 TO: FROM: Elections Office ~, Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. IMMOKALEE EZDA COMMISSION DISTRICT H. B. (Benny) Starling, Jr. 720 N. 154 Street lmmokalee, FL 34142 Colette Hall 611 Jefferson Avenue Lehish Acres, FL 33972 Vincent A. Cautero 2253 Mill Stream Court Naples, FL 34109 Thank you for your help. Rp..CEtV MEMORANDUM DATE: TO: FROM: May 24, 2002 Helene Caseltine, HUI f~[}~ Sue Filson, Executive Manage Board of County Commissione~3 lmmokalee EZDA/CRA Advisory Board As you know, we curremly have a 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: H. B. (Benny) Starling, Jr. 720 N. 15m Street Immokalec, FL 34142 Colette Hall 611 Jefferson Avenue Lehigh Acres, FL 33972 Vincem A. Cautero 2253 Mill Stream Court Naples, FL 34109 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-flame, and I will prepare an executive 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 FAX COVER SHEET Date: To: Pages: May 21, 2002 Sue Filaon Fax# 239-774-3602 Immokalee Chamber of Commerce Benny Starling, ED 720 N. 15m. Street Immokalee, Fl. 34142 Phone: 941-657-3237 Fax: 942-657-5450 4 (Total) 2002 05/06/2002 12:32 FAX g417743602 BCC [~OOl Board of County Commissioners 3301 East Tamiami Trail Napie~, FL 3di 12 (94~) Fax: (941) Application for Advisory Committees/Boards Name:,,,,, H.B. (Be~n~} Sta.rt.d~9: Jr. Home Address: 720 N. 15th S~r~ Fax N~.2-~9-65 ;--5450 Bm pbm: ~ ~9-657-~2~7 Home Phone: 259-657-7797 Zip Code: 34142 Be.~ or ~m~ffee A~paed ~r: SEE ATTACHED Cal~gory (if applicable): Are you a reEblered votex in Collier Coanty: Yes X No Do you currently hold pubic office? Yes l~m, 1dm4 il fllalt dG~? No X COmmE.AP__P_ Pir, ase IbJ your commmmity act~ifir~ (civic clubs, md~hborlmod mmociotiom, etc. tad positions held: , .SFF AT'T'A~HF~ ; FTTFP Edueatio.: ALMOST 2 YEARS OF COLLEGE SEE ATTACHED LETTER Ezperieuee: 2002 May 20, 2002 To Whom it may concern: My name is H.B. "Benny "Starling and am married to my wife of 33 years, Bernadette Blaek Starling of Immokalee. We have three children and two grandchildren. Currently I am the Executive Director of the Immokalee Chamber of Commerce where I have served for almost 3 years. During that time our Chamber membership has increased from 40 to 225 members. I have been a member of the Chamber for 30 years and have lived in lmmokalee for 40 years. I am a businessman and owner of B-Hive Flowers & Gifts for 30 years. Have worked in numerous areas with business clubs in Immokalee during the past 40 years. I am also the current Executive Director of the Immokalee Community Development Corp., which is dedicated to improving existing businesses and to attract other businesses to the Immokalee area. During my off time from business I am the Director of"A New Life" a Christian Street Ministry for teens that are on drugs, gangs, out of school but are wanting to re-build their lives. I also work very closely with The New Beginnings Program of Collier County, mentoring to troubled teens in that program. I am also a very active member of Friendship Baptist Church where work with teens in Youth Ministry. Sincerely, H.B. "Benny" Starling, Jr. PROGRAMS: Member of Friendship Baptist Church Collier County Fair Member Weed & Seed Program Immokalee Chamber of Commerce- Executive Director (2 l/2yrs) Immokalee Community Development Corp Executive Director (2yrs) "A New Life" Executive Director (10 yrs) Immokalee Civic Association Optimist Club Immokalee Chamber of Commerce (30yrs) Immokalee Alliance D.R.I.L.L. Academy-First 2 Years with Faith Based Program Juvenile Justice System (Advisory Board for DJJS -Collier Co. Sub Committee - Immokalee Redevelopment lmmokalee Water Sewer- Commissioner Empowerment Alliance of Southwest Florida American Red Cross - Immokalee Volunteer J L'? I 1 2002 F CEIVED NAY § 6 ~0~, ltoard of Count.y CO~ssJo~ees Memorandum To: From: Sue Filson, Executive Manager Board of County Commissioners Helene Caseltim~'ED, Economic Development Manager Department of Housing and Urban Improvement Date: May 2, 2002 Subject: Immokalee EZDAJCRA Advisory Board Application Attached is an application for appointment to the Immokalee Enterprise Zone Development Agency and the lmmokalee Local Redevelopment Advisory Board. Ms. Colette Hall, Manager of People's Service Center, Inc. in downtown lmmokalee, has expressed an interest in serving on these boards. As a local business owner, she would fall under the category of"business in the zone". She is also a registered voter, though in Lee County. The CRA Advisory/EZDA Board will review Ms. Hall's application at their upcoming meeting on May 23. I'll let you know whether or not they recommend her for appointment, via email on May 24 so, if recommended, perhaps she could be appointed by the BCC at a June meeting. Please give me a call (or email) if you have any questions- thanks Sue! /he Attachment c: Marlene Foord, Planning Services Department Office of Housing and Urban Improvement ph: 941/403-2330 fax: 941/403-2331 5/82/2881 13:86 941-657-9519 P~C INt~OKA~rE P~GE 82 Appnc-fion for ~dvb~ ~lB:limlLl:eeS/.tlOi, ds · ! Collfm' CoumyBoard of Cmmubsfom ~ East TamJmni Tru~ Ntlplis, FL :J~]] ~ (41) 774-~.? Fro: (~41) 774-~02' Am ~u a ,r~ ToUr tn Collie' ~ Yes ~ Do )~u curzuffl~ h)ld publJ,: ofrko? Ym No Lift Caribbean Ai~..ail, Inc. (c~4 Tr~f~) Amerilet International, Inc. (A~- Caz,go) DH2 Worldwide Express Colette Hall 107 W. Main Street Phone: (941) 657-6670 Immokalee, FL 34142 Fax: (~41) 657-9519 5--24--02; 3:18PM;COLLIER COUNTY RECEIVED COLLIER COUNTY GOFERNMENT DEPAR~ OF HOUffJNO AND URBAN IMPRO~ $050 N. HOR~E.g. HO£ DRIVE NAPLF~, ~ 34104 PIt. (~1) 40~2330 FAX CO VERSHEET COMP. ANY: CITY: FAX NUMBER: TOTAL NUMBER OF PA GE$: ([NCL UD~G CO FE.I&VtYI~ ET) SENT B Y: DATE ,.VENT: HO USING AND URBAN 1MPR 0 VEM~IVT DEPAR TMEN.T $050 NORTH HORSESHOE DRIFE, SUITE 145 NAPLES, F~ORIDA 34104 COMMI~NTS: 5-24-02; 3:18PM;COLLIEG · WILKISON & ENGINEEI'~ SURVEYORS AND PLANNERS ;941403233' May 21, 2002 Ms. Helene Casekine, CED Economic Development Manager Housing & Urban Improvement'Department 3050 N. Horseshoe Drive, Suite #145 Naples, Florida 34'104 Application for Advisory Committees/Boards lmmokalee EZDA/CRA Advisory Board Dear Ms. Caseltine: Thank you for your letter dated May 9, 2002. I am interested in serving on the Imm-Okalee EZDA/CRA Advisory Board. My application is enclosed. I would appreciate it if you would forward it to the Advisory Board, and ultimately, to Ms. Sue Filson. Our farm, while not physically located in Immokalee, represents several cUems in lmmnicalee, rrtost notably the Collier County Housing Authority. We have represemed public and private sector cliems in Immokalee for 40 years. Thank you for your consideration. Sincerely, WILKISON & ASSOCIATES, INC. Vice Presidem of Planning YAC/sg Enclosure HC Immokal~c EZ~A-CI~ Advisary Board 3506 EXCHANGE AVE., NAPLES, FL 34104 DAVID S. WILKISON. P.E. 941 --643-2404 DAVID J. FOCAl'T, P.S.M. Pg. 941-643-6752 _.~v o~1~3--~~~ VINCENT A. CAU'I~I~O, A1CP Rec,¢cl~:l ~aper ~i~ 5-24-32; 3:18~M;COLL~ER COONTY - Application for Advisory COmmittees/Boards Collier County Board of Commissioners 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8097 Fax (230) 774-3602 Name: Vincent A. Cautero Home Phone: Home Address: 2253 Mill Stream Court Zip Code: FaxNo.: 643~-5173 BUSiness Phone: 643-6752 e-mail address: Business: Wilidson & Associates, Inc., 3506 Exchange Avenuc~ Naples, Florida 34104 Board or Committee Applied for: lmmokalee ~ZDA/CRA Advisory Board Are you a rq0stered voter in Collier Connty Yes Do you currently hold public office? yes If so, what is that office? Not Applicable. Do you now serve, or have ever served, on a Collier County board or committee? H so, please list the committee/boards: 'Not applicable. X 239-566-7833 34109 VinceC~willdson.net ' No No X Yes No X Please list your community activities (civic clubs, neighborhood .associations, etc. and positions held: Rotary Club of Naples- Vice President ~merJ'ean planning Association - Florida Chapter - Legislative Policy Committee Sugar Shoppe Diabetes Camp - Co-Coordinator ULI - SW Florida - Outreach Committee Leadership Collier-2001 Grad~e; Advisory Committee 2001-2002; Vice Chair 2002-2003 Education: B.S. - Urban p_lannin.g. - Buffalo State College · Ma-~a, er of Urban plnnnlng -- UniverSity of Tlllnois at Urbana Champaign Member of American Institute of Certified Planners Experience: 20 ye~_~s of Prof_~_'~onal planning Exl~rien_ce 07 years in Florida) Wor~ed as a Planner. in Missouri; and Citrus and Collier ~ounties In Florida served as Cornmnniiy D,~velopmerrt & l~-nvironmental Services AdmlnL~rator in Collier for over $ years. -Supervised C0unty.Planning scarf on C~tcway Bays_ho_re Triangle -Developed Tourist Development Council's Eeo-Tourism plan for Citrus County -Provided T_~'imicnl',Analltsi~ for Down~_ _ wn Developm _m~t plan for oity of Fenton, MO. -Prepared Master's Thesis on Downtown Developm~ alternatives in Hempstead, NY -Supervised four (4) projects that won awards from the Florida Chapter of the American Planning Association l'hank lrtm for voh~t~ to ~tve the cttf~mt of Colller Cmm~. RECEIVED COUNTY MANAGER OFFICE JUN - 3 2002 MEMORAND DATE: TO: FROM: June 3, 2002 Thomas W. Olliff, County Manager Fred W. Coyle Commissioner, District 4 Impact Fee Updates I would like to place an item, as follows, on the next regularly scheduled BCC meeting of June 11, 2002. EXECUTIVE SUMMARY County Government currently has four different consultants working on updates for six impact fees. Two additional contracts are to be awarded for EMS and Library impact fee updates. In addition, a new Government Buildings impact fee study is contemplated to begin this summer. This process costs almost $(to be provided by star0 per year. In addition, because of the time necessary to award contracts, conduct the study and have public hearings on the impact fees, it is difficult to update the fees as frequently as necessary. Some fees (such as EMS and Library) will not be updated for three years. RECOMMENDATION That the BCC provide the staff direction to take the following action: Establish a formula for the calculation of impact fees. The formula should be refined through the public hearing process, which would, hopefully, result in agreement with the building industry that the legal requirements of a "rational nexus" have been met. Once established, the formula should be relatively constant and would be reviewed at periodic intervals...perhaps 3 to 5 years. To assure that impact fees keep pace with costs, an annual escalator based upon relevant costs would be applied. This would assure impact fees always stay current without the need for costly annual updates by consultants. FISCAL IMPACT Hundreds of thousands of dollars in consultant fees could be saved. The most significant impact, however, would be the additional revenue earned as a result of the impact fees being automatically updated as inflationary costs escalated. This would provide the County Government additional funds to help assure concurrency. Fred W. Coyle, Commissioner District 4 FWC/vgr .... ~3riginal M __~5~a~_ge- .... Fr~m: fiala_d Sent: Tuesday, May 07, 2002 6:17 PM To: olliff_t; Schmit't.]oseph; amold_m Subject: LDC change Hi Tom, I just finished meeting with my Kitchen Kabinet, some of whom are members of East Naples Civic Assoc. They met with Joe & Michelle today before our meeting regarding the 41 Corridor to express their concerns about blight and boarded up buildings. They asked how the owners could be forced to keep their property presentable and were told there was nothing in our code as it stands now that would hold a business owner responsible for maintaining the property in a presentable fashion. I truly feel that with ownership rights comes ownership responsibility to the property and to the surrounding property owners and community. Michelle presented an idea to the men who were in the meeting that would hold owners responsible for the condition of their property and give code enforcement the ability to enforce and levy fines. Tom, this would be an answer to our problems in East Naples, and I'm sure would solve similar problems in other commissioners districts as well. I would like to request that we add an amendment at our LDC workshop that would address this serious and unsightly problem. Thank you, Donna Fiala JUN 1' 2332 EXECUTIVE SUMMARY HISPANIC AFFAIRS ADVISORY BOARD REQUEST FOR THE COUNTY COMMISSION TO SUPPORT A "LIVING WAGE"/ FARM WORKER/AGRICULTURAL ISSUES FORUM AND DIALOGUE OBt]ECTIVE: For the Board of County Commissioners (BCC) to consider a request from the Collier County Hispanic Affairs Advisory Board (HAAB) that the BCC call for and support dialogue and a forum on broad-ranging issues which vitally affect the Hispanic, minority and agricultural communities in Immokalee and other parts of Collier County. CONSIDERATIONS: On several prior occasions, the HAAB has requested that the BCC proclaim, by resolution, the need for dialogue between growers and farm workers in Collier County (specifically, in the Immokalee community) in order to address important humanitarian, economic and agricultural issues. On each occasion, by a narrow margin, the Board has not approved the HAAB requests. However, the issues persist and continue to adversely affect the Hispanic and agricultural communities as well as all of the people of Immokalee and Collier County. Many of these same issues were the subject of the famous early 1960's documentary by journalist Edward R. Murrow which was entitled "Harvest of Shame." At the March 28, 2002 HAAB meeting, the HAAB heard a presentation by Mr. Dick Nogaj, President of Harvest for Humanity, and the person responsible for the building of the "Jubilation" affordabl~e:.housing community in Immokalee. Mr. Nogaj explained to the HAAB that it is his opinion aa~Xperience that wages are a critical issue in the agricultural industry. Hc stated that he had observed a systemic problem in the agriculture industry. He described farm workers who are paid very low wages and who do not have year around jobs. He mentioned that the growers do not set produce prices. Rather, the market is affected by buyers and brokers who work at the wholesale level to sell to retailers. U.S. consumers demand the cheapest and best products. The international free trade agreements have exacerbated the problem. Mr. Nogaj presented the HAAB with his vision of a potential solution to the agricultural crisis. The solution involves the "Living Wage" concept under which produce would be labeled with a "Living Wage" label and he believes that consumers would be willing to pay slightly more for such products. Consumers have already shown that they are willing to pay more for organic and other products that are safer and healthier to eat and which benefit American workers and businesses. There could also be national legislation creating tax incentives or credits for growers that raise "Living Wage" produce. That legislation could be sunseted for the time when higher prices are paid at retail for the "Living Wage" produce. Mr. Nogaj believes that growers have been reluctant to have dialogue in the past because of a lack of control over prices. Under the "Living Wage" concept they would have greater control over price and might be willing to discuss these issues with farm workers, buyers and brokers and retailers. Mr. Nogaj stated that the Florida Gulf Coast University Director of Dispute Resolution has indicated that FGCU is willing to mediate any forum or dialogue over these matters. Finally, Mr. Nogaj mentioned that there is currently in operation a model blueberry farm which pays "Living Wages." Once the farm is profitable, it will become a For-Profit Corporation and options for stc[cK s~~st~ tu the workers for purchase over 20 years with no interest. NO. JUN 1 I 2002 The HAAB believes that Mr. Nogaj's "Living Wage" concept merits a forum and dialogue as a potentially viable solution to the farm worker and agriculture issues in Immokalee and Collier County. The HAAB is hopeful that this concept will be of sufficient interest to all parties involved in the agricultural industry so as to motivate the parties to participate in the FGCU forum. The HAAB also continues to believe that that Collier County Commission should play a lead roll in calling for this forum by resolution. The BCC should do this to encourage participation by the parties in the discussion of issues which affect vital humanitarian, economic and agricultural issues in the County. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached proposed resolution calling for a forum for discussion of "Living Wage" and other agricultural issues affecting farm workers, growers, retailers, buyers, brokers and consumers in Collier County. Prepared by: Chief Assistant County Attorney and HAAB Staff Liaison Date: Reviewed and A~proved by: David Correa, Chairman Hispanic Affairs Advisory Board Date: H/Ramiro/Executive Summary/Request for Living Wage 2 JUN 1 1 2002 AGEND~.~TE~...~ No. JUN 1 1 2002 Pg. .~ - 1 RESOLUTION NO. 2002-__ 2 3 A RESOLUTION REQUESTING A "LIVING WAGE"/FARM 4 WORKER/AGRICULTURAL ISSUES FORUM AND DIALOGUE. 5 6 7 WHEREAS, for a number of years, the Collier County Hispanic Affairs Advisory Board 8 CHAAB") has received information at public meetings regarding very iow wages and deplorable 9 living conditions of the farm workers in the Immokalee ar~a; and 10 WHEREAS, the HAAB has also received information that these problems faced by the farm 11 workers negatively impact Hispanics as well as the entire Immokalec community; and 12 WHEREAS, this matter was previously brought to the attention of the prior Board of 13 County Commissioners ("Board"). The Board chose not to act because it viewed the matter as a 14 private sector labor dispute, However, the HAAB has found that the farm worker problems in 15 Immokalee continue to exist creating further dissention in the community as well as the 16 deterioration of opportunities for the parties to negotiate; and 17 WHEREAS, the HAAB has found, as a result of its public meetings, that the farm worker 18 problems in Immokalee impact very significantly the Hispanic community; and 19 WHEREAS, Mr. Dick Nogaj, President of Harvest for Humanity, has presented to the 20 HAAB a potential solution to the agricultural crisis. Specifically, the "Living Wage" concept 21 under which produce would be labeled with a "Living Wage" label that would motivate 22 consumers to pay slightly more for produce which is safer and healthier to eat and which benefits 23 American workers and businesses; and 24 WI.-IEREAS, information received by the HAAB indicates that the Florida Gulf Coast 25 University Center for Dispute Resolution is willing to host a forum involving agriculture issues; 26 and 27 WHEREAS, the HAAB recommends that the Board make a plea for dialogue between 28 representatives of growers, farm workers, consumers, brokers an.d buyers and retailers involving 29 the agricultural industry in Collier County for thc good of ali. Said recommendation of the 30 HAAB is only for the Board to request the forum and dialogue and not for the board to involve 31 itself in thc dialogue or in the forum or in any terms or conditions of employmenL 32 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 33 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 34 1. Thc Collier County Board of County Commissioners hereby respectfully requests that 35 representatives of growers, farm workers, consumers, buyers and brokers, and retailers from 36 Irm-nokalee and/or Collier County promptly enter into dialogue to address "Living Wage"/farm 37 worker/agricultural issues in Collier County. The Board further requests and recommends that 38 this dialogue occur through a forum to be mediated by the Florida Gulf Coast UniverSity Center 39 for Dispu~ Resolution or other similar entity. The Board makes this request for the public 40 purpose of seeking to improve living and economic conditions for all in Immokalee and Collier 41 County, Florida. 42 This Resolution adopted after motion, second and majority vote. 43 DATED: 45 ATFF_.ST: BOARD OF COUNTY COMMISSIONERS 46 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Approved as to form and legal sufficiency: Ramiro Mafialich Chief Assistant County Auomey RM/m~ h:RM~IlA AB~eso-Living Wage By: JAMES N. COLETlrA, Chairman AGENDAJ3'EM .o._. JUN 1 1 2002 EXECUTIVE SUMMARY AUTHORIZE STAFF TO PREPARE A GRANT APPLICATION REQUESTING STATE AND FEDERAL FUNDS TO FUND 100% OF A LOCAL PRIMARY CARE PROGRAM. OBJECTIVE: To offer primary care services utilizing existing funds available through State and Federal programs. CONSIDERATION: The Board established the Health and Human Services Advisory Committee (HHSC) in 2001 to review options to address primary care issues for uninsured citizens as identified by the Health Care Planning and Finance Committee. Through the HHSC's work, it was discovered that $4.8 million is being appropriated by the State of Florida to be utilized as a match with Federal funds for the purpose of establishing services through Federally Qualified Health Centers (FQHC). At the present time, the Bill has been passed by the legislature and is waiting the Governor's signature. Since the program was proposed by the Governor and is supported by the President of the United States, it is anticipated the bill will be signed shortly. The program is termed the "Intergovernmental Transfer Program". It works as follows: 1. Local funds are provided to the State; 2. The State provides additional funds based upon a Grant award; 3. The combined funds are utilized to leverage the Federal funds; 4. Funds are dispersed back through a local, qualified hospital then to the FQHC. 5. The Center then distributes 100% of the original local match back to the County. Based upon the tentative percentages provided to staff and the committee through the State, it appears that the State and Federal match may be approximately 4 times the local match. For example, if the County provided $200,000, we would receive $1,000,000~ back. While this is a simplification of the exact dollar amounts, it represents the basic outline of the program. FUNDING A CLINIC The key component of the grant request is developing the start-up and operation budget of a primary care facility. In order to do so, the County requested the local, FQHC (Collier Health Services, Inc.) to develop several cost scenarios. Enclosed as attachment 1-3 are three budgets to develop a clinic. Listed below are the highlights of each option: $200,000 = $800,000 plus existing match = $1,000,000 I A gln c)~l~ I~em JUN-1 1 201)2 Option # Staffing Est. Patients Served Count~ Match SS State/Fed Grant Match I 3 Doctors 4200-5700 $300,000 $1,450,326 1 Nurse 2 3 Doctors 5100 - 6800 $350,000 $1,692,047 2 Nurses 3** $ Doctors 8200- 11,000 $500,000 $2,417,211 3 Nurses Of the three options provided, the Health and Human Services recommend hiring five (5) doctors and three (3) nurses for the following reasons: · This option most closely addresses the goals of the prior committee's identified population of uninsured (see next subsection for more details). · The $500,000 local match is available in the existing Social Services and Health Department budgets and, therefore, will not impact any local programs or increase the County budget. It is better to ask the State for as much funding now then next year when it is functional and other Counties apply. SERVICE POPULATION The previous study targeted 7,000 uninsured patients, aged 19-64, who would most benefit from a primary care program. Since a FQHC may not discriminate its it provision of services, the Health and Human Services Committee recommended option #3; an option that will address the targeted population plus those who will seek services under the broader definition of a FQHC. While the program is open to anyone, it is also important to appreciate that all patients will have to pay for services based upon income levels established through federal guidelines. ADDITIONAL CONSIDERATIONS Even though it is anticipated that the State will continue funding this program in future years, grant funds are determined on a year-to-year basis. The committee, however, felt that the State would like to see clinics be successful and will in all likelihood continue funding this incentive program; a program that has been successful in other States for several years. Nevertheless, should the County receive funding this year, but not in future years, the Board would have the option to discontinue the program. It is not anticipated that the State will require the County to maintain a program if the grant is not awarded in future years. The guidelines for the grant funds, however, have not been finalized by the State yet. Once these are established and should the Board provide direction to apply for said funds, staff would present the grant award acceptance to the Board at a later date. The requirements by the State would be presented at that time, before accepting a grant (should the County receive funds). A full presentation will be made during the meeting of June 11, 2002. 2002 -,_..~--~ __ FISCAL IMPACT: There is no immediate fiscal impact at this time. Should the County receive a grant, the local match in the amount of $500,000 would be provided through the existing Social Services budget and would be returned in the same said amount, through the FQHC. RECOMMENDATION: The Health and Human Services Advisory Committee recommends that the Board authorize staff to apply for a grant from the State to fund a Federally Qualified Health Center utilizing a budget based upon five doctors and three PREPARED BY: DATE: )hn Dunnuck, Public Services Administrator APPROVED BY: ¢ DATE: ~' J96 Paterno, Chairman Health and Human Services Advisory Committee REVIEWED APPROVED BY: DATE: urnan Services Advisory Committee Agen d~.~ Item No. 6.~,'~i. JUN 1 1 2002 Proposed Naples Family Clinic - Summary Office Budget Number of Staff: Three Providers/1 ARNP Total State Grant Total Third Party 'Revenue Total Revenue: ---. Expenses: Total Personnel: Total G&A Total Direct Costs: Administration: Excess Revenues (Direct Costs) Initial County contributition to be paid back Excess Revenues (Expenses) 1,450,326 643,,272 2,093,598 1,275,268 284,050 $ 1,559,318 ~,793,216~.' $ 300,382 $ 300,000 $ 382 Proposed Naples Family Clinic Office Budget - Ratios & Stats Percent of total grant revenue: County 0.21 State & Federal 0.79 Percent of Total Revenue: Total Grant 0.69 Total Third Party 0.31 Encounters: 3 Providers x 4500each plus 1 ARNP x 3500 Anticipated range of users: 17000 Low High 4250 5667 Revenues per encounter: $ % County 18 14% State/Federal 68 55% Total Grant 85 69% Third Party 38 31% Total 123 100% Expenses per encounter: Personnel 75 G&A 17 Total Direct 92 Administration 14 Subtotal 105 Excess Rev (Direct) 18 Pmts to Collier County 18 Excess Rev (Expenses) 0 lAgen de_ Item No · ~.J___ Proposed Naples Family Clinic - Summary Office Budget Number of Staff: Three prQyiders/2 ARNPs Total State Grant Total Third Party Revenue Total Revenue: Expenses: Total Personnel: Total G&A Total Direct Costs: Administration: Excess Revenues (Direct Costs) Initial County contributition to be paid back Excess Revenues (Expenses) 1,692,047 775,710 2,467,758 1,488,650 352,250 $ 1,840,900 $ 276,135 $ 2,117,035 $ 35O,723 $ 35O,0O0 $ 723 Proposed Naples Family Clinic Office Budget - Ratios & Stats Percent of total grant revenue: County State & Federal. Percent of Total Revenue: Total Grant Total Third Party Encounters: 3 Providers x 4500 each plus 2 ARNP x 3500 Anticipated range of users: 0.21 0.79 0.69 0.31 20500 LOW 5125 High 6833 Revenues per encounter: $ % County 17 14% State/Federal 65 54% Total Grant 83 69% Third Party 38 31% Total 120 100% Expenses per encounter: Personnel 73 G&A 17 Total Direct 90 Administration 13 Subtotal 103 Excess Rev (Direct) 17 Pmts to Collier County 17 Excess Rev (Expenses) 0 Agende Itea No.~_~__~ JUN I 2002 Proposed Naples Family Clinic - Summary Office Budget ~-..Number of Staff: Five Providers/3 ARNPs Total State Grant Total Third Party Revenue Total Revenue: Expenses: Total Personnel: Total G&A Total Direct Costs: Administration: Excess Revenues (Direct Costs) Initial County contributition to be paid back Excess Revenues (Expenses) $ 3,665,914 $ 2,202,915 $ 549,500 $ 2,752,415 $ 412,862 $ 3,165,277 $ 5OO,637 $ 5O0,000 $ 637 Proposed Naples Family Clinic Office Budget - Ratios & Stats Percent of total grant revenue: County 0.21 State & Federal 0.79 Percent of Total Revenue: Total Grant 0.66 Total Third Party 0.34 Encounters: 5 Providers x 4500 each 33000 plus 3 ARNP x 3500 Low Anticipated range of users: 8250 High 11000 Revenues per encounter: $ % County 15 14% State/Federal 58 52% Total Grant 73 66% Third Party 38 34% Total 111 100% Expenses per encounter: Personnel 67 G&A 17 Total Direct 83 Administration 13 Subtotal 96 Excess Rev (Direct) 15 Pmts to Collier County 15 Excess Rev (Expenses) 0 Agenda UN 1 1 2002 Pg. EXECUTIVE SUMMARY PRESENTATION OF THE REVISED TRANSPORTATION 5-YEAR ROAD PLAN AND REQUEST THE APPROVAL OF AN ADDITIONAL SENIOR PROJECT MANAGER POSITION TO THE TRANSPORTATION ENGINEERING AND CONSTRUCTION MANAGEMENT DEPARTMENT. FISCAL YEAR 03 COST $85,300. OBJECTIVE: To advise the Board of County Commissioner of the Revised Transportation 5-Year Road Plan and request the approval of an additional Senior Project Manager position in Transportation Engineering and Construction Management Department. CONSIDERATION..:.. In December 2001, Transportation presented the Board of County Commissioners the Transportation 5 year plan. During the FY03/04 budget preparation several right-of-way costs increased and the project budgets were revised to include these increased costs. Specifically, right-of-way costs for Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road), Immokalee Road (US 41 to 1-75) and Immokalee Road (Collier Boulevard (CR951) to 43rd Avenue NE) increased significantly. Other changes to the plan include the addition of 4 projects. These projects include: Collier Boulevard (Golden Gate Boulevard to Green Boulevard): This project includes the Design Phase in FY 04 and ROW in FY 05/06, adding $7,300,000 to thc 5- year work program. Collier Boulevard (CR951) (Davis Boulevard South - US 41): This project includes Design & Mitigation in FY 03; ROW in FY 05/06; Construction and Inspection in FY 06, adding $61,298,000 to the 5-year work program. Goodlette Frank Road (Pine Ridge Road to Golden Gate Parkway): This project includes Design in FY 03; and Construction and Inspection in FY 05, adding $15,900,000 to the 5-year work program. Green Boulevard (Collier Boulevard (CR951) to Santa Barbara Boulevard): This project includes Design & Study in FY 04 and ROW in FY 05/06, adding $4,500,000 to the 5 year work program. The four projects are being added to the five year road plan based on the current projections of the need for these projects under the soon to be implemented "checkbook" concurrency management system. Collier Boulevard from Golden Gate Parkway to Pine Ridge Road is currently operating at an acceptable Level-of-Service (LOS) but is projected to be below standard by 2005. This roadway segment currently operates at a volume to capacity at LOS standard ratio (v/c)of .83 and would then ~~~-'~- backlogged status. Based on the current growth trends, this facility may growth restrictions if improvements are not programmed. Collier Boulevar fro~ODa'~'~s J Boulevard to Rattlesnake-Hammock Road and the section from Rattlesnake-Hammock to US 41 are currently operating at an acceptable LOS but both are projected to fall below LOS standard by 2005 and 2006, respectively. Both of these segments will also fall under growth restrictions if the project improvements are not programmed. Goodlette-Frank Road between Pine Ridge Road and Golden Gate Parkway currently operates at LOS D and is not projected to fall below the LOS standard for several years but is included in the revised work program to address the US 41 deficiencies within the same limits. US 41 between Golden Gate Parkway and Pine Ridge is currently operating at LOS F and is constrained to six lanes with no oppommities for improvements. Green Boulevard from Collier Boulevard to Santa Barbara Boulevard currently operates at an acceptable LOS and is projected to operate at an acceptable LOS over the next few years but is included in the revised work program to address projected deficiencies on Golden Gate Parkway between Santa Barbara Boulevard and Collier Boulevard. This segment currently operates at LOS D with a v/c of .90 and will also face growth restrictions without any improvements. This segment of Golden Gate Parkway is not programmed to be improved and, based on the right of way restrictions and impact to the community, it is not planned to be widened. As an alternative, Green Boulevard, along with improvements to Collier Boulevard and the currently programmed Santa Barbara Boulevard improvements, will help alleviate existing and future congestion problems on Golden Gate Parkway. In addition, a planned future study to extend Green Boulevard over 1-75 to Livingston Road will make this entire corridor a more viable option for drivers currently using Golden Gate Parkway between Collier Boulevard and Santa Barbara Boulevard. With the 4 additional projects that have been added to the Transportation Work Plan, a Senior Project Manager position is being requested to manage the additional work load. The cost of $85,300 includes salary & benefits, office furniture and a computer. FISCAL IMPACT: There is no fiscal impact in FY 02. For FY 03 $85,300 needs to be budgeted in the Transportation Supported Gas Tax Fund for the new Sr Project Mgr. and $5,800,000 for design and mitigation costs for CR951 (Davis South to US41) and Goodlette Frank Road (Pine Ridge Road to Golden Gate Parkway) as outlined on the attached 5 Year Road Work Program. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners accept the Revised Transportation 5 Year Road Plan and Approve the request for an additional Senior Project Manager Position for the Transportation Engineering and Construction Management Department. AGENDA IT[M No. I0 JUN 11 7002 Pg.~ ~ Sharon Newman, Accounting Supervisor Dale A. Bathon, P.E. Principal Project Manager Transportation Engineering & Construction Management ro'ect ~ym~.~-Thorpe, Principal p ,j Manager Transportation Engineering & Construction Management BY:~)°~ ~cott, Transportation Planning Di, ector ," ~ ,,~.nj~/~.c~ ~ ~ .AXE:" I ,/ I'"'x,' I,, .'" . . . · · APPROVED BY:Nt~.rnL/an E. Feder, Tran/tr~[E~a~°Ln~S~rv'~-C~[~._~.v~s'°n Adm,n, strator JUN 11 2002 pg. 3 Proposed Transportation 5 Year Work Program - FY03 Revisions (Dollars shown in Thousands) Project Name FY02 FY03 FY04 FY05 FY 06 SUMMARY OF PROJECTS Amount Amount Amount Amount Amount Amount Airport Pulling Rd/VBR to PRR 7,022 C/I 7,022 Golden Gate BIvd/951 - Wilson 7,864 R/C/I 7,864 Pine Ridge Road/Airport-Logan 4,809 C/I 4,809 Livingston RoadlGGPK'WY-Radio 105 C/I 105 Immokalee Rd/CR951 - Wilson-43rd 30,900 DIR/M/C 3,675 34,575 Immok RdlI75-CR951 5,306 Cll 500 D 5,806 Livingston RoadlGGPKWY-PRR 13,094 R/CII 25 13,119 Livingston Road/PRR-IMMK 25,918 R/CII 1,260 250 27,428 Golden Gate PkwylAirport-SBB 1,225 D/R/I 14,632 Cll 15,857 Golden Gate Pkwy Overpass 1,800 29,974 C/I 625 Cll 200 C/I 32,599 Livingston Road N/Immk-lmperial: 11,452 DIR/IIC 400 11,852 Vanderbilt Bch Rd/Airport-CR951 2,113 D/R/I 24,384 C/I 500 C/I 500 Cll 27,497 Immokalee Rd/US41-175 7,874 DIR 27,500 C/I 500 C/I 250 CII 36,124 ~CR951 Collier Blvd./Immk Rd-GG BI 250 AM 7,500 CIC 500 C/I 2,700 R 5,005 15,955 Rad,o Road-Airport-L~vlngston Rd 25 S 250 AM 275 E/W Livingston Rd/Old 41-NIS LR 2,500 R 2,500 Goodlette Frank Rd/VBR - PRR 15,473 R/CII 1,250 250 C/I 16,973 Logan Boulevard/PRRto IMMK 250 S 400 D 4,000 R 4,650 Santa Barbara Blvd/PRR- Davis BI~ 4,934 D/R 7,122 30,125 CII 500 250 42,931 Radio Road lntersection 1,806 C 1,806 Radio Rd -LR-Santa Barbara 25 S 250 S 300 DIM 2,000 C 2,575 Livingston Road Extension TBD 600 DIMICII 10,000 R 10,600 CR951 Collier BlvdlDavis Blvd-GGPKWY 1,900 D 1,900 Goodlette Frank Rd/PRR-GGPKWY 200 S 1,000 D 1,200 County Barn Road/Davis - CR864 226 DIR 1,215 PJM 11,300 CII 250 12,991 Goodlette Frank Rd/Immk-VBR t,200 D 5,000 R 6,200 Vanderbilt Beach Rd/CR951-Wilson 300 S 3,000 D 3,300 Green Blvd Ext Liv - CR951 400 .S 3,500 D 3,900 Immokalee Rd Oil Well to SR29 1,800 S * 3,500 D * 5,300 Vanderbilt Drive Wigg - BBR 1,000 D 6,500 R 7,500 Rattlesnake Polly to CR951 6,800 D/M/CII 1,100 R 7,900 Davis - Radio to CR951 1,100 D * 7,100 R * 8,200 C011ierBIvd(GGBSt~GreenBIvd.) : i': :i;100 D 1;500 4,700 R ' : 7,300 CR 951 (DaVis S to US41 i 4,600 D/M : 4,875 R 14,623 R : 37,200 F_JC/I 61,298 GOodletteFrank(PRR-GGPKWY) 1,200 D :. 14,700 E/c/i 15,900 GreenBIVd(C°llierBIvd'SBB) 600 DIS 970. R 2,930 R 4,500 10% Contingency 3,048 2~241 488 2~485 8,262 Total 144,721 I I 108,061 1 I 86,8151 I 55,7061 I 83,270 1 I 478,573 Base Operations & Maintenance Bridge Repairs/Im provements 47 Major Intersection Improvements 971 Intersection Safety/Capacity Impr( 1,000 New Traffic Signals 820 Shoulder Safety Program 40 Pathways/Sidewalks Bike Lanes 523 Subtotal Base Operations & Mainte~ 3,401 Impact Fee Credits Threshold I 2,000 Enhanced Operations & Maintenance Major Roadway ResurfacinglReco Subtotal Enhanced O & M 50 50 50 50 1,000 1,000 1,000 1,000 750 750 750 750 750 750 750 750 50 50 50 50 50 50 50 50 2,650 2,650 2,650 2,650 2,000 I 2,000 I 2,000 I 2,000 971 1,000 1,000 1,000 1,000 971 1,000 1,000 1,000 1,000 Collector Roads/Minor Arterial Ro 10,148 Advanced ROW 1,090 Total Funding Request All Funds 162,331 Total Revenue + Carry Forward 86,833 New Debt Service 6,600 6,600 6,600 6,600 1,000 1 ~000 1,000 1,000 121,3tl 100,065 68~956 96,520 247 4,971 4,000 3,820 240 723 14~001 10,000 4,971 4~971 36,548 5,090 549~183 24,730 25,120 25,522 25,936 188,141 5,878 12,484 23,106 25,503 66,971 Work Plan + Debt Service t62,331 127,189 t12,549 92,062 122,023 616,154 BCC Dec. Approved Work Program Variance from Appvd/Revised Key: S = Study D = Design M = Mitigation C = Construction 159,670 106,572 93,490 36,305 50,430 446,467 2,661 14,739 6,575 32,$51 46,090 102,716 R = ROW AM = Access Management * = Advanced Reimbursement E = Exfiltration EXECUTIVE SUMMARY REQUEST BOARD PROVIDE STAFF WITH DIRECTION IN REGARD TO LANDSCAPE MAINTENANCE ON DEVONSHIRE BOULEVARD. OBJECTIVE: To provide background to the Board of County Commissioners regarding existing landscaping along Devonshire Boulevard and to request that the Board provides direction for ongoing maintenance responsibilities. CONSIDERATIONS: Devonshire Boulevard was platted as part of Berkshire Lakes Unit 1 (Plat Book 14, Pages 118-120) in 1988. It was subsequently accepted fOr maintenance by Collier County on December 5, 1989 (Res. 89-385). The plat indicates that the 100' right-of-way for Devonshire Boulevard was dedicated to the public and, in addition, there is a note on the plat indicating that the Berkshire Lakes Homeowners Association (BLHOA) has the right to utilize certain buffer easements for plantings and other improvements. These buffer easements appear on the plat at the northeast and southwest comers of the right-of-way (Attachment No. 1). At some point after the time of the filing of the plat, the developer, Power Corporation, or the BLHOA did indeed make landscaping improvements to the Devonshire Boulevard right-of-way, both within the platted buffer easements and within the road right-of-way (Attachment No. 2). No permit exists documenting either the construction or maintenance responsibilities for these landscape improvements. Based on conversations between staff and BLHOA representatives, it appears that over the past twelve to fourteen years the BLHOA has been maintaining the plantings within the median and along the edges of the right-of-way. As a result of the developer's recent actions to establish a secondary connection between the Berkshire Lakes Shopping Center and Devonshire Boulevard, and the resulting modifications made to the median plantings and street light locations, the BLHOA has determined that they no longer desire to continue maintenance of the landscaping. This new connection is consistent with the original PUD that provided major access to be taken from Devonshire Boulevard (as the access road was later named) rather than from Santa Barbara Boulevard or Radio Road. Representatives of the BLHOA approached county staff and a request was made to inquire of the Radio Road MSTU advisory Committee their reaction to having the MSTU take over said maintenance. The MSTU advisory Committee declined to accept this responsibility. Further, staff has reviewed the existing plantings and opines that additional modifications will be necessary to bring the plantings into conformance with current practice and to minimize potential liability to the public. At this time, staff has reached an impasse with both the BLHOA and the Radio Road MSTU Advisory Board. Neither body desires the responsibility of continuing maintenance for this roadway segment. If the Board determines that it is in the public interest to add this roadway segment to the County's inventory for maintenance, then staff is prepared to do so after adjustments are made to the current plantings. However, that is a policy determination for the Board. The developer, without permit and oversight by the County, did the original masct~~FrEh~ No. ]UN 1 1 2002 pg. Executive Summary Devonshire Boulevard Landscaping Page 2 of 2 As a result, there are many areas where the Homeowners Association or other private entities have been privately maintaining the landscaping in the public right-of-way. [~.,FISCAL IMPACT: Staff has estimated that it will cost about $85,000 to refurbish the medians and roadway edges to bring the landscaping into conformance with current standards. Annual maintenance for this roadway segment, after refurbishment, is estimated to be about $39,000. A Budget Amendment from the MSTD General Fund (111) will be necessary for the refurbishment. The annual maintenance will be budgeted in the MSTD General Fund (111) in subsequent years. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board provide direction to staff with respect to ongoing maintenance for the landscaping improvements for Devonshire Boulevard; if appropriate for the County to assume maintenance responsibility, authorize the necessary Budget Amendment; and, authorize staff to carry out the intent of the Board's direction. SUBMITTED BY: d-'~/'~''/ '~'/~~ Edward J. Kant, p~a~rtation Operations Director DATE: Attachments: No. 1 - Portion of Plat of Berkshire Lakes Unit 1 No. 2 - Photos of landscaping improvements in Devonshire Boulevard AGENDA JUN 1 1 2002 :ES OF RANGE )RIDA 26 EAST, ATION , E IN FEET AND DECIHALS THEREOF. RCULAR CURVES AND ALL DIMENSIONS ON CURVES NLESS NOTED OTHERWISE, 'L' - ARC 'CD' - CHORD I#O. A · DELTA ANGLE, R · RADIUS. T - TANGENT. O OH RIGHT-OF-WAT HAP FOR I-?$, STATE D.O.T. 9. RANENT REFERENCE MONUMENTS (P.R.M.) MANENT ~TROL POINTS (P.C.P.) [R~ ROD JRVE~ C~. ~ FEET UlDE AT T~ RE~ OF EACH LOT, A STR[P ;~ AT T~ FRet ~ ~ACH LO~ ~ ~ 3N-EXCLUSIVE EASE/~[NT FOg ELECTRIC, TELEPHONE, ACILI TIES AND ~ CABLE TELE~NS~ FRANC~ C~Y. ~' UlDE Ar T~ RE~ ~ EACH LOT ES ~REB~ ~INAGE E~NT. ~ ARE R~[~ ~) PAVE~NT R~S ~N ELEVATION FR~ A LO~ OF ~l.93 PER DESIGN PLUS. T~ AVERAGE LOT ~Xl NATEL? 9.~ 3~ ZONE X J~ER 1200OY-O41~-D DARED ~UNE ~ BASED ON NATIONAL OEOOETIO VER/~OAL DA/UH. ~RVATI~S ~O R[STRlOflVE GOVEN~fS ARE ~L RECORD B~ · PAGES THROUGH ~IS ~FER E~gTS ~ ~-EX~USIVE [RK~I~ L~ES ~0~ AS~IAfiOa lNG F~ t~ P~ ~ ~l~ T~ ~t~ [,,PLAT BOOK PAGE/Ii' SHEET 1 OF 3 DEDICATION STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED OWNERS OF THE LANDS DESC~qIBED HEREON HAVE CAUSED THIS PLAT ENTITLED 'BERKSHIRE LAKES UNIT · I' TO BE HAOE AND O0 HEREBY DEDICATE THE STREET~ AN0 RIGHTS-OF-WAy AS SHOWN AND NOTED TO THF ?~RP~iUAL U~,,~. Ul' Tl~ PUBLIC FOR [14[ PURPOSF. S ~H~VNi AND DO GRANT Tft[ EASU'~gRIS, AS ~HOYN AND MUTED [N GENERA~ #DYES, TO THE ENTITIES DESCRIBED HERE[#, ALL IN ACCORDANCE WITH AND SUBJECT TO THE THE GEN- ERAL NOTES CONTAINED HEREIN~ ALL WATER AND SEWER UTILITIES CON- STRUCTED WITHIN THIS PLATTED AREA SHALL 9E DEEDED TO CULL|ER COUNTY UPON ACCEPTANCE OF THE [I~:~ROVEMENTS PEOU[RED BY THE PLAT. ALL DRAINAGE EASEMENTS ARE DEDICATED TO COLLIER COUNTY FOR THE PURPOSES OF DRAINAGE WITH NO RESPONSIBILITY FOR HA[NTENANCE. MAINTENANCE OF THE SURFACE WATER HANACEMENT SYSTEH SHALL BE THE RESPON- SIBILITY OF THE BERKSHIRE LAKES HOHEDaNERS ASSDCTAT[ON OF COLLIER COUNTY iNC.' IN WITNESS WHE*REOF, SAID PERSONS HAVE CAUEED THESE PRESENTS TC BE SIGNED THIS ~ DAY OF ~(te. au~k,y. , !988. A.D. WITNESSES, ~ ~ COAST CGMHUNITIES CORPORATION. s '~'~[~ A FLORIDA CORPORATION BY -----~- ...2 .............. ~'~'~' WILLIAM T. ~;RES;DENT U.S, HOME CORPORATION ~ K~,,' A DELEWARE CC'PORATION AUTMOR;2E: ~.~ TO DC BUS:NESS IN THE STATE OF FLORIDA. MAURICE ~. ~'MYER DIN'IS~ON ~RESIDENT CORPORAIE ACKNOWLEDOE~NT STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY IMAT ON THIS OAT, BEFORE :,E. AN OFF~CER CULT AUTHORIZED IN IME STATE AND COUNTY AFORESAID TC TARE ACKNOWLEdGE- MENTS, PERSONALLY APPEARED N{LLIAM I. M;GGS, TO ME KNOWN AND KNC.N BY ME TO BE THE PRESIDENT OF COAST COMMUN[TIES CORPORATION. A FLORIDA ~ORPORAIION NAMED AS DEDICATOR ON [ME FOREGOING PL*T AND THAT ME ACKNOWLEDGED EXECUTING THE SAME VOLUNTARILY UNDER AUTHOR- ITY DULY VESTED IN HIM BY SAID CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL iN ~ME COUNTY AND STA'E AFCRE~A. ID MY CO~[SSION EXPIRES N~TARY STATE OF FLOP[DA COUNTY OF COLLIER [ HEPEBY CEPTIFY ~HAT ON THIS DAY. BEFORE ME. AN OFFICER DULY AUTHORIZED IN THE STATE AND COUNTY AFORESA[D TO TAKE ACKNOkLE~- ~NTS. PERSONALLY APPEARED MAUR[CE J. MILLMYER. TO ME KNOWN AND KNOUN BY ~ TO BE ~HE DIVISION PREStDENI OF U.S. MO~E CORPORATION, A DELEWARE CORPORATION AUTHORIZED ~0 DO BUS[NESS iN THE STATE OF FLORIDA. flA~D AS DEDICATOR ON T~ FOREGOING PLAT AND THAT ME ACKNOWLEDGED EXECUTING THE SAME VOLUNTARILY UNDER AUTHORITY DUL~ VESTED [~ HIM BY SAID CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL IN THE COUNTY AND STATE AF~ESAtD THlS 2~ DAY OF ~ad~g~ · ~988. ........ MY COMMISSION EXPIRES . _ NOTARY PUBLIC ~RTGA~E' S CONSENT ~~.~ STATE OF FLORIDA COUNTY OF COLLIER THE UNDERSIGNED ~REBT CERTIFIES THAT [T TS A HOLDER OF A LIEN OR OT~R [NCU~ERANCE UPON THE HEREON DESCRIBED PROPERTY AND HEREBY JOIN [N ~D CONSENT TO THE DEDICATION OF THE LANDS [N THE DEDICATION HERETO, BY THE O~NERS THEREOF, AND AGREE TH*; HORTGAGE, LTEN OR OTHER ENCUHBERA~CE ~H[CH ES RECORDED [N T~E 3F=''' RECORDS SHALL 6E SUBORDINATE TO THE DEDICATION SHE~H HORTGAGE [N FAVOR OF OARNETT BANK OF NAPLES DATED ~ 4. AND RECORDED iN O.R. BOOK 1265, PAGES 2356 PUBLIC RECORDS OF COLLIER COUNTY, FL~R[DA. ........ "MORTGAGEE MAS CAUSE[ ATTACHtvlENT / ' ..AN / AGENQA, ITEM Ia~CH;~l~t NO. / PA(~£ ~ ',;,': ~ Devonshire Boulevard looking north from Radio Road Devonshire Boulevard looking west from Santa Barbara Boulevard ,Devonshire Boulevard looking northeast from behind Berkshire Commons Shopping Center EXECUTIVE SUMMARY Update the Board of County Commissioners on the Southern Golden Gate Estates Hydrologic Restoration Plan. OBJECTIVE: To provide an update briefing to the Board of County Commissioners on the South Florida Water Management District's (SFWMD) Southern Golden Gate Estates Hydrologic Restoration Plan. CONSIDERATIONS: This SFWMD project impacts a large portion of Collier County and it has been ongoing since 1996. Up until this point, it has been in a property acquisition stage. This project has a present anticipated completion date of 2007. A project fact sheet is attached to this executive summary. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: This is an information briefing only. PRESENTED BY: Carol Senne, Service Center Director South Florida Water Management District PREPARED BY: Deputy County Manager ~IAY-2t-2~E~2 17:Et3 SI Project Missian: to restore fl3c px~ v,ithout adve~oe s and adjacem toad Goals: Recommended 3 pump st~ just south · 183 canal · Removal Additional Alt~ 4, Alterp~,Hv · Air, marly, · Altsr~nti¥~ south to el · A]Mrrmtiw Schedule SFWMD FT MYERS )UT RN GOLDEN GATE ESTATES YDROLOGIC RESTOI TION PLAN Give~ the future comiitiort of Stat~ owne~Mp, formuln~ the best way ~velopmcnt hydrology of Southern Oold~n Gate Eslat~s (SGGB) ~cial, eoonomic and environn~ntal impact to ~ upstream, do~ ~wners and ecosystem. )d a~d sheerflow t~to~on w'd~er storage and aquifer m~,rgc ."nt of concentrau:d shock load d~hnrges to estuaries with di~dbuted sus~mc~ w~r deliveries to m~l reduction of overdminage of ~ Strand and Panther Refuge lands tce of existing flood prom~on for areas north of 1-75 )96 Plan - Modified 3-D ~ions and spreader ~.~.sis in Faka Union, Miller. and Men'itt C~als )fI-75 ~locks roads per Division of Fmes~y Road Plan tatives Under Analysis 4 - En]'mnc,~ convcTu~e undcr 1-75. : 5 - Red~ pnmp sizes. ; 6- Canal pluss only, without pump stations. Locate canal plugs. imin~m increased flood stag~ in Northrm Gordon Gate : 7 - Locate pumps further south with smaller capacity pumps. ~m~ation August 2001 Revised fl~av 2002) Dso~b~r 2002 Novembm 2001 Fclxun~ 2003 February 2002 September 2003 Notice May 2002 O~a)ber 2003 rn~t Award July 2004 July 2005 Avgmt 2006 Amc 2007 AG END A..LT~EM No._ \2 - JUN 1 1 2002 pg. (;~"~ __ P . E~d/Z2 EXECUTIVE SUMMARY REQUEST THE BOARD ENTER INTO A FIFTY-YEAR LEASE AGRER1VIENT WITH THE STATE OF FLORIDA FOR THE USE OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE FACILITY ON DAVIS BOULEVARD FOR THE PURPOSE OF TRANSFERRING ALL COLLIER COUNTY ROAD AND BRIDGE, LANDSCAPE AND ROADWAY DRAINAGE MAINTENANCE OPERATIONS FROM THE COUNTY BARN ROAD FACILITY AND TO REQUEST THE BOARD ENTER INTO AN INTERLOCAL AGi~g.~MENT FOR ASSET MANAI3F.,MENT WITH THE FDOT FOR MAINTENANCE OF ,~Lt. FDOT ROADWAY SEGMENTS WITHIN COLLIER COUNTY FOR AN ANNUAL REIMBURSEMENT OF APPROXIMATELY $1,396,000 FOR SERVICES RENDERED. To provide the Board with a status report on negotiations with FDOT and to request the approval of a Lease Agreement (Attachment No. 1), a Resolution approving the Lease Agreement (Attachment No. 2), and an Interloeal Agreement for Asset Management (Attachment No. 3) that will benefit Collier County with respect to maintenance of the County and State roadway system. CONSIDERATIONS: In the Fall of 2001, the FDOT approached the Transportation Services Division with a request to consider having the County assume maintenance responsibilities for State roadway segments within the County's boundaries and in return receive adequate compensation. As a consequence of these initial discussions, County and FDOT staff concluded that any such assumption of responsibility would be enhanced by the ability to use the current FDOT maintenance facility on Davis Boulevard for both State roadway maintenance and County roadway maintenance. A Cross-Divisional Task Team was assembled to investigate the feasibility of implementing this idea. The Collier County Task Team consists of representatives from the following departments: Transportation Operations; Facilities Management, Fleet Management; Information Technology; Real Property Management; Purchasing; Human Resources; and, the County Attorney's Office. A similar team was developed by FDOT to review their interests. In addition, a representative from FDOT attended many of the Collier County Task Team meetings to serve as a point of contact between the two organizations. Over the past seven months, there have been bi-weekly meetings of the Task Team. These meetings have focused on a variety of issues requiring resolution before coming before the Board of CoUnty Commissioners. Among the chief issues addressed by the Task Team were the following: · Structure of Lease Agreement with the State of Florida · Structure of Inteflocal Agreement for Asset Management with the FDOT · Disposition of FDOT equipment and personnel · Disposition of County Barn Road Facility after vacation by Road and Bridge · Status and disposition of Inteflocal Agreement for Asset Managements currently in place with FDOT · Implementation of communications (computer, 800 MZ radio and telephone) between the Davis Boulevard Facility and the Government Center. AGEND/-, JUN l i 2002 Executive Summary Request Board Authorization for Lease Agreement and Interlocal Agreement for Asset Management June 5, 2002 Page 2 of 6 Each of these issues was assigned to a member or members of the Task Team for resolution. The Team is pleased to report that all issues have been resolved and today we are presenting copies of both the proposed Lease Agreement and the Interloeal Agreement for Asset Management for approval by the Board. It is staff's opinion that these agreements reflect a "win-win" for the County and for the State. Here follows a brief discussion of each of these major issues: Lease Agreement: The I.ease Agreement provides for a fifty-year term and will be a direct lease with the State of Florida. There is no absolute requirement that Collier county sub-lease through the FDOT, and both FDOT and the State of Florida Division of Lands have verbally agreed to a simultaneous transfer of the lease to the County. Information provided by the Real Property Management members of the team indicates that the market value of the Davis Boulevard Facility is about $800,000. The State is leasing the property for an administrative fee of $300 per year. The market lease rate for this property would be about $80,000 per year. The proposed lease agreement would save the County almost $4,000,000 over the term of the lease because a market rate lease will not be necessary. The lease has a renewal provision for a term equal to the original term (fifty years). In addition, there is a provision that would permit the County to purchase the property. There is also a termination provision that permits the County to terminate the use of the premises upon a six-month notice to the State. lnterlocaI Agreement for Asset Management: The Interlocal Agreement for Asset Management provides for Collier County to perform routine maintenance for all roadway segments currently under the FDOT's jurisdiction in Collier County (about 145 centerline miles) in exchange for a reimbursement of expense estimated to be about $1,396,000 annually for the initial term of the Agreement (ten years) with an escalator clause of 20% at renewal. Staff has estimated the costs of performing the required services to meet or exceed the FDOT's requirements. The proposed reimbursement is sufficient to meet those costs. The only roadway segment not included in the proposed Interlocal Agreement for Asset Management is 1-75. Disposition of FDOT Equipment and Personnel: One of the conditions placed upon the implementation of these agreements by FDOT was that all current personnel working out of the Davis Boulevard Facility had to be offered a comparable position with Collier County. When negotiations commenced, there were twenty-two individuals that were assigned to the facility. As of today, there are eleven people remaining, all of whom have expressed a desire to transfer employment to Collier County. All of these individuals would continue to perform the same or similar tasks as before the switch. The Road and Bridge Section is being modified slightly to accommodate the FDOT reporting requirements with respect to QA/QC for their work. These individuals, who are already familiar with the FDOT's systems and requirements, will continue to perform the necessary services. The upside for Collier County is that the transfer of responsibility will be seamless and over time these individuals will be available to augment County forces, and vice-versa. Executive Summary Request Board Authorization for Lease Agreement and Interlocal Agreement for Asset Management June 5, 2002 Page 3 of 6 The fixed assets (buildings and land) will become the new headquarters for the Road and Bridge Section. They have outgrown the County Barn location. In addition, there are several pieces of equipment that will become part of the County fleet. These assets will be transferred from the State of Florida to Collier County via transfer of title and for a purchase price based on a professional appraisal of the equipment. In addition to the rolling stock, there are several items, such as tool racks, wash rack equipment, office furniture, etc., that will be turned over to Collier County for our use in the facility at no charge to the County. The major new cost item will be for installation of a key operated fuel dispensing system, estimated to be about $1,000 Disposition of County Barn Road Facility: When the Road and Bridge Section and the Landscape Operations Section vacate the County Barn Facility there will be additional space for the Fleet Management Department to expand. This expansion is necessary to permit Fleet to maintain the County's expanding fleet, including the new Collier Area Transit (CAT) bus fleet, as well as to provide much-needed room for off-line equipment storage. The Transportation Services Division represents about 25% of the Fleet Management Department's customer base. Fleet Management will add one position to its staff roster to service vehicles at the Davis Boulevard site. This position is one of the eleven already mentioned above. The Davis Boulevard Facility has, as one of its assets, a two-bay repair facility sized to accommodate the largest piece of equipment that is owed by either Collier County or FDOT. The added convenience of having two on-site mechanics will add to the utility of the usefulness of this site. The existing County Barn Road buildings used by both Fleet and Road and Bridge are quite old and will require some general maintenance and minor !mprovements to fully permit the Fleet Management Department to implement their expansion plan. The plan calls for two expanded Fleet Management maintenance bays in the vacated space, storage space for Parks & Recreation, and office and storage space for the Collier Area Transit (CAT) system. The Facilities Management Department, in collaboration with the Fleet Management Department, has provided an estimate of the costs for the necessary changes and improvements to the County Barn Road and Davis Boulevard facilities. An architectural and structural review by Disney and Associates, Inc, Architects, commissioner by the Facilities Management Department indicates that complete renovation of the existing County Barn facility for long-term use is not economically feasible. Status of Current FDOT Interlocal Agreement for Asset Manae_ement~: There are currently nine Maintenance Contracts in place between FDOT and private contractors. These contracts cover a variety of tasks, including but not limited to, mowing, installation of curbing and guardrail, etc. The expiration dates for these contracts ranges from July 2002 through January 2004. During negotiations with FDOT, staff and FDOT agreed that the contracts would remain in place until their expiration dates with the exception of two of the contracts. These two contracts are for mowing and sweeping services provided by Collier County. Since Collier County will be taking over all murine maintenance and since FDOT will be reimbursing Collier County for all expenses (labor, equipment, material and overhead), termination of these two contracts makes sense. In addition to the direct contracts between FDOT and their suppliers that will remain in place until termination, the Department of Corrections will continue the Agreement for the use of prisoners for work on State roads. The value of this agreement is about $345,000 annually. J~,~ 11 2~92 - Executive Summary Request Board Authorization for Lease Agreement and Interlocal Agreement for Asset Management June 5, 2002 Page 4 of 6 lmpleme~tat~n Of Communications: One of the major considerations in relocating from County Barn Road to Davis Boulevard is a seamless transfer of communications: computer and data; 800 MZ radio; and, telephone. The 1T Depamnent has inventoried the Davis Boulevard site and has determined that the hardware and software necessary to assure data communications, including a redundant backup line, as well as relocation of the radio and telephone equipment will cost about $83,000. The existing data hub and server will remain at County Barn Road to serve Fleet Management. FISCAL IMPACT: The Lease Agreement will cost $300 per year. This represents a saving to the county of almost $80,000 annually on a market rate lease. In addition, if the property were to be purchased at market value, the annual debt service for the purchase (assuming 20% down and a 7 % interest rate for a term of 15 years) would be about $1,000,000. The sum of $349,000 will be required to offset the initial first quarter payment from FDOT. The funding for the 1~ quarter will be borrowed from the Transportation Gas Tax Fund and will be repaid to the Gas Tax Fund when the 1st quarter reimbursement is received from FDOT. There will also he an impact to the current year's budget as a result of the movement of personnel and equipment to the new location; however, this is a one-time cost. The costs to refurbish existing County Barn Facility buildings, add equipment, and provide new facilities at the Davis Boulevard site for the Fleet Management Department are estimated to be about $385,000, itemized as follows: l~m ~ Da~s Security system upgrade -- $23,000 Landscaping improvements -- 48,000 Electric work for new maintenance bays 21,000 -- New emergency g6nerator 38,500 32,500 Parking lot modifications -- 25,000 Information Technology requirements -- 84,000 New vehicle lifts 38,000 -- Replacement forklift 25,000 -- Computer/printer -- 3,000 Telephone equipment and Radio base station -- 3,000 Portable radio -- 2,000 Tools, office equipment and furniture -- 3,000 TRAK fuel sentry re-keying -- 1,000 Key-card gate access system -- 22,000 Contingency (5%) 6,000 10,000 Totals $128,500 $256,500 Budget amendments will he needed to transfer funds from the Transportation Services Reserve Fund in the amount of $256,500, from the General Fund Reserve Fund in the amount of $128,500 and from the Transportation Supported Gas Tax Fund in the amount of $349,000 and appropriated in the appropriate operating budgets. The $349,000 will he returned to the Gas Tax Fund when the first quarter reimbursement is received from FDOT. Executive Summary Request Board Authorization for Lease Agreement and Interlocal Agreement for Asset Management June 5, 2002 Page 5 of 6 With approval of this transfer, staff will need to work with the budget office and include the $1,396,000 in the FY 03 Transportation R&B Maintenance Budget. These costs will be offset by savings of not having to provide separate short-term (3-5 years) facilities for Transportation Maintenance Department's Aquatic Plant Control Section and the Collier Area Transit (CAT) bus system. Construction requirements and costs for long-term use of the County Barn property by the Fleet Management Department and the Sheriff' s Fleet Maintenance Section are under study. GROWTH MANAGEMENT IMPACT: Approval of the Lease Agreement and the Interlocal Agreement for Asset management will contribute positively to Collier County's growth management. The Davis Boulevard property will accommodate the needs of the Transportation Maintenance Department for at least the next fifteen to twenty years. In addition, the current County Barn Road property, with the proposed new construction, will be able to accommodate the needs of the Fleet Management Department and the Sheriff's fleet for a similar time period. Without the use of the Davis Boulevard property it will be necessary to find expansion property within the next two or three years. RECOMMENDATION: That the Board accepts this status report; authorizes the Chairman to execute the attached Resolution approving the Lease Agreement; authorizes the Chairman to execute the Lease Agreement with the State of Florida; authorizes the Chairman to execute the Interlocal Agreement for Asset Management with FDOT and terminate the existing mowing and sweeping agreements between the FDOT and Collier County; and, authorizes the necessary budget transfers. Waive the 90 day deferred hiring process for the 11 positions transfemng from FDOT. SUBMITTED BY: Edward J. )erations Director REVIEWED BY: REVIEWED BY: DATE: Stepl ' DATE: Director REVIEWED BY: Ski~amp, Faci REVIEWED BY:~ REVIEWED BY: ~ ~ ~ - u- Michael DoMing, Real REVIEWED BY:~ APPROVED BY: Dire Director Assistant County Attorney Norman E. Feder, AICP, Transportation Administrator DATE: ~-- ,,~ xc 0 21 DATE: Attachments: No. 1 - Proposed Lease Agreement No. 2 - Resolution approving the proposed Lease Agreement No. 3 - Proposed Interlocal Agreement for Asset Management IAG~I~DA~J~fEM No. L, 11 20 2 Executive Summary Request Board Authorization for Lease Agreement and Interlocal Agreement for Asset Management June 5, 2002 Page 6 of 6 No. 2 - Resolution approving the proposed Lease Agreement No. 3 - Proposed Interlocal Agreement for Asset Management OAL1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease Number 4365 THIS LEASE AGREEMENT, made and entered into this __day of 20__, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to as "LESSOR", and COLLIER COUNTY, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease, is situated in the County of Collier, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "leased premises" 3. TERM: The term of this lease shall be for a period of fifty (50) years commencing on July 1, 2002, and ending on June 30, 2052, unless sooner terminated pursuant to the provisions of this lease. 4. PURPOSE: The LESSEE shall manage the leased premises only for the establishment and operation of a transportation maintenance facility for State and local roadways along with other related uses necessary for the accomplishment of this purpose. 5. QUIET ENJOYMENT AND RIGMT OF USE: LESSEE shall have the right of ingress and egress to, from and upon 'the leased premises for all purposes necessary to the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6. %~AUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformance with this lease. AGENDAJTE~ NO. JUN I 1 2002 pg. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 8. EASEMENTS: All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of LESSOR. Any easement not approved in writing by LESSOR shall be void and without legal effect. 9. SUBLEASES: This agreement is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 10. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 11. PLACEMENT AND REMOVAL OF IMPROVEMENTS: Ail buildings, structures, improvements, and signs shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, location and design. Further, no trees, other than non- native species, shall be removed or major land alterations done without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease. 12. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full ~nsurable replacement value of any improvements or fixtures located on the leased premises. The liability insurance coverage shall be in amounts not less than AGENDA ITEM Page 2 of 13 NO,.__i~ ~'~._ Lease No. 4365 -- JUN 1 1 2002 P~. ~ $100,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. Such policies of insurance shall name LESSOR, the State of Florida and LESSEE as co-insureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a financially-responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Insurance Commissioner, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 13. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 14. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased premises or to the improvements thereon, including any and all Page 3 of 13 Lease No. 4365 R6/18/2001 AGENDA ITEM. ad valorem taxes and drainage and special assessments or taxes of every kind and all mechanic's or materialman~s liens which may be hereafter lawfully assessed and levied against the leased premises. 15. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 16. TIME: Time is expressly declared to be of the essence of this lease. 17. NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 18. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having all utilities turned off when the leased premises are surrendered. 19. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 20. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to either audit such records at any reasonable time or require the submittal of an annual independent audit by a Certified Page 4 of 13 AGENDA_LTEM. Lease No. 4365 Public Accountant during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjUnction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 21. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 22. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 23. NOTICE: Ail notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR:Department of Environmental Protection Dlvision of State Lands Bureau of Public Land Administration, M. S. 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 LESSEE: Collier County Attn: Transportation Operations Director 33001 E. Tamiami Trail Naples, Florida 34112 25. BREACH OF COVENANTS, TERMS~ OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach ~ithin sixty days of such notice. In the event LESSEE fails to remedy the breach to the AGENDA £TEIV~- Page 5 of 13 NO. ~ Lease No. 4365 JUN 1 1 2002 satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises and attorneys' fees or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 25. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part thereof. (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of. toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of LESSEE~S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off-site ground and surface waters and lands affected by LESSEE'S Page 6 of 13 Lease No. 4365 R6/1S/2001 AGENE~A ITEM..--- NO. _~ O ~ J UN I I 2002 failure to comply, as may be necessary to bring the leased premises and affected off-site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon the obligations or responsibilities of LESSEE as set forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE~S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reportiDg periods of the applicable governmental agencies. 26. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide LESSOR with a current Phase I environmental site assessment conducted in accordance with the Department of Environmental Protection, Division of State Lands' standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. 27. SURRENDER OF pREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to LESSOR and the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the l~ased premises. AGENDA IT~M Page 7 of 13 NO. ___~ _~ Lease No. 4365 JUN 11 2002 Notificatton shall include a legal description, this lease n~m~er, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSOR'S sole discretion. Prior to surrender of all or any part of the leased premises, a representative of the Division of State Lands, Department of Environmental Protection shall perform an on-site inspection and the keys to any building on the leased premises shall be turned over to the Division. If the improvements do not meet all conditions as set forth in paragraphs 18 and 34 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 28. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2) (h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises. 29. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or enc~mBrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 30. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder Page 8 of 13 Lease No. 4365 R6/18/2001 AGENDA II]EM O No._ iL';; i 1 2l] 2 shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 31. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. 32. SOVEREIGNTY SUBMERGED LANDS: This Lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 33. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 34. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, keeping the leased premises free of trash or. litter, maintaining all planned improvements, meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 35. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 36. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 37. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative fee of $300 pursuant to subsection 18-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be AGENDA Lease No. 4365 payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the n,~er of months or fraction thereof remaining in the fiscal year of execution. For purl~oses of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 38. SPECIAL CONDITIONS: The following special conditions shall apply to this lease. 1. This lease shall go into effect immediately upon the Florida Department of Transportation's surrender of the premises and voluntary termination of existing lease Number 3363 by the Florida Department of Transportation. 2. Two years prior to the termination date of this lease or at an earlier time as requested by the LESSEE, the leased premises may be offered to LESSEE for purchase pursuant to the terms and conditions of section 253.111, F.S. Page 10 of 13 Lease No. 4365 R6/18/2001 IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Witness Print/Type Name Witness Print/Type Name By: (SEAL) GLORIA C. NELSON, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LAND, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20 , by Gloria C. Nelson, as Operations and Management Consult~--nt Manager, Bureau of Public Land Administration, Division of State Lands, Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission N~mher: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 11 of 13 Lease No. 4365 R6/18/2001 AGENDA ,LT,,EIv~ I 1 Witness Print/Type Name Witness Print/Type Name COLLIER COUNTY THROUGH ITS BOARD OF COUNTY COMMISSIONERS By: James N. Coletta, Chairman Print/Type Name Title: OFFICIAL SEAL ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Collier County "LESSEE" STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 20__, by and , as and respectively, on behalf of the Board of County Commissioners of Collier County, Florida. They are personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to form and legal sufficiency: ~cqu~line ~u~bard R3binson ~sistant County Attorney Page 12 of 13 Lease No. 4365 R6/1B/2001 AGENDA I~EM/..-- NO JU"i1.. 2G02 EXHIBIT "A" LEGAL DESCRIPTION OF THE LEASED PREMISES The legal description is not on my hard drive and cannot be included in this e-mail. It will be part of the instrument forwarded to you in June for signature after the county commission resolution is received. Page 13 of 13 Lease No. 4365 R6/18/2001 I A'~ E.N DA,J..TF. tv~' NO. flUHI 1 2002 RESOLUTION NO. 2002- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR TI-EE APPROVAL OF THE COUNTY'S ENTRY INTO A FllzI'Y [50] YEAR LEASE WlTH THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND FOR THE STATE OF FLOR_IDA HIGWAY MAINTEN~CE FACILITY ON DAVIS BOULEVARD WI-IEREAS, Collier County staff has been revolved m lengthy negotiations with both the State of Florida Department of Environmental Protection, Division of State Lands and the State of Florida Department of Transportation to lease the State of Florida Highway Maintenance Facility on Davis Boulevard, [hereinafter "Facility"], and to assume responsibility for the maintenance of certain roads in Collier County; and WHEREAS, Collier County desires to enter into a Fifty [50] Year Lease for this Facihty with the State of Florida Board of Trustees of the Internal Improvement Trust Fund; and WHEREAS, the State of Florida Department of Transportation has consented to terminate its lease of the Facility on the condition that the Facility is leased to Collier County; and WHEREAS, The Collier Count5' Board of County Commissioners has reviewed the terms of the Fifty [50] Year Lease, attached hereto as Exhibit "A", and is famihar with its terms. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNt' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Collier County Board of County Commissioners approves the County's entry into the Fir3, [50] Year Lease attached hereto as Exhibit "A" for the aforementioned Facility with the State of Florida Board of Trustees of the Internal Improvement Trust Fund. - 1 - This Resolution adopted this __ second and majority vote favoring same. day of ,2002 after motion, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: James N. Coletta, Chairman Approved as to form and legal sufficiency: _ ~J4tcque[ne Hubbari:l Robinson ~[ssistant County Attorney Contract No.: Financial Project No.: 412918-1-72-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, of the State of Florida, hereinafter referred to as the "DEPARTMENT", and Collier County_, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the COUNTY has the authority to enter into said Agreement and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044 F. S. to enter into this Agreement; and WHEREAS, the COUNTY by Resolution No. dated the day of ,2002, a copy of which is attached hereto and made a part hereof, has authorized its officers to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE: A. The DEPARTMENT does hereby retain the COUNTY to furnish certain services as described in EXHIBIT A, attached hereto and made a part hereof. B. Before any additions or deletions to the work described in EXHIBIT A, and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. D. All services shall be performed by the COUNTY to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation I Contract No.' Financial Project No.' 412918-1-72-01 time because of any major changes ia the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference herein to Director shall mean the DEPARTMENT's District Secretary for District One. 2-TERM: A. This Agreement has a term of ten (10) years, which term shall begin immediately following the execution of this Agreement by the DEPARTMENT. B. The services to be rendered by the COUNTY shall commenqe subsequent to the execution of this Agreement. upon written notice from the DEPARTMENT's Project Manager, and shall continue until its expiration date of , unless terminated in accordance with paragraph 6 of this Agreement. C. This contract may be renewed for a period of ten (10) years. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. Anv renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 3-COMPENSATION AND PAYMENT: A. The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation rate as detailed in EXHIBIT A attached hereto and made a part hereof. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. C. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. D. Any penalty for delay ia payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. Bills for fees or other compensation for services or expenses shall be submitted in 2 No._ 11 Contract No.: Financial Project No.: 412918-1-72-01 detail sufficient for a proper pre-audit and post-audit thereof. F. Bills for travel expenses specifically 'authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. G. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. H. If a payment is not available within 40 days, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. I. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792. J. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. K. The DEPARTMENT, during any fiscal year, shall not expend money, incur an3: liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the ! JUN 11 20?2 Contract No.: Financial Project No.' 412918-1-72-01 Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of Agreements for periods exceeding one year, but any Agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performahce and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. L. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE: A. INDEMNITY. COUNTY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by COUNTY, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither COUNTY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of DEPARTMENT or any of its officers, agents, or employees. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. B. LIABILITY INSURANCE. The COUNTY covenants to keep in force during the period of this Agreement public liability insurance and property damage insurance through the COUNTY's self-insurance. WORKER'S COMPENSATION. The COUNTY also covenants to keep in force Contract No.: Financial Project No.: 412918-1-72-01 during the period of this Agreement worker's compensation insurance and property damage insurance through the COUNTY's self-insurance. 5-COMPLIANCE WITH LAWS: A. The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. 6-TERMINATION AND DEFAULT: A. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. This Agreement may be canceled by the COUNTY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Agreement price as the amount of work satisfactorily completed is a percentage of the total work Contract No.: Financial Project No.: 412918-1-72-01 called for by this Agreement. All .work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 7- HAZARDOUS WASTE CLAUSE The Lessor agrees to defend, indemnify, and hold harmless the Lessee against any and all claims that the Lessee may be liable for, suffer, incur, or pay arising under any applicable laws and resulting from or arising out of any act, activitw, or violation of any applicable laws by the Lessor, its agents, employees, or assigns. The Lessor will further defend, indemnify, and hold harmless the Lessee against any and all claims that the Lessee may be liable for, suffer, incur, or pay resultine from or arising out of any handling, storage, treatment, transportation, disposal. release, or threat of release of hazardous waste or hazardous substances from or on the Leased Premises. For purposes of this article, "claims" include all actions, common-law or statutory causes of action, remedies, demands, out-of-pocket costs, liabilities, charges, suits. judgments, expenses, damages, personal iniuries, property damages, incidental or consequential damages, clean-up costs, civil penalties, attorneys' fees, litigation expenses, abatement costs, abatement and corrective iniunctive relief, injunctive relief requiring removal or remedial action, costs of removal or remedial action. and damages to natural resources. 8-MISCELLANEOUS: A. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. C. It is understood and agreed by the parties hereto that if any part, term or provision .z, G ~:.t.~ DA :v' JUN 11Z 02""" Contract No.' Financial Project No.: 412918-1-72-01 of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. Attachments. Exhibit "A" (1 page) with Attachment "A" (19 pages) IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this __ day of , , by the ,authorized to enter into and execute same by Resolution Number dated _and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this __ day of , __ COUNTY ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James N. Coletta, Chairman Dated: Dated: Contract No.: Financial Project No.: 412918-1-72-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) EXECUTIVE SECRETARY NAME: BY: DISTRICT SECRETARY DISTRICT ONE DOT District Maintenance Engineer Approval: DOT Legal Review: Approved as to Form and Legal Sufficiency' qudline Hubbar[1 Robi~-~n ~X0?sistant County Attorney Availability of Funds Approval: Date H:\USERS~LG 150RL\WHC\LEGAL\MAINTAGR.2 Contract No.: Financial Project No.: EXHIBIT "A" 412918-1-72-01 1 - TERM The services to be rendered by the COUNTY shall commence, subsequent to the execution of this Agreement, upon written notice from the Department's Project Manager ("Notice") and shall continue for ten years from the date of said Notice. Said Notice to become Attachment 1 to this Exhibit. 2 - COMPENSATION The Department agrees to pay the COUNTY for services rendered in accordance with this Agreement. A lump sum payment will be made in the amount of Dollars and ($ ) per quarter for a total of Dollars and ($ ) per year. 3 - LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIES TO BE PERFORMED. Please reference the attached Scope of Services, "Attachment A". JUN 1t 2C22 SCOPE OF SERVICES HIGHWAY ASSET MANAGEMENT AGREEMENT (REV. 02/25/02) CONTRACT ADMINISTRATION Contract Number Financial Project Number 412918-1-72-01 PROJECT BACKGROUND AND CONSIDERATIONS In an effort to provide the traveling public of the State of Florida a cost effective, high quali~,, transportation infrastructure, the Florida Department of Transportation (hereinafter "Department") has adopted innovative management, operation, and maintenance programs. The Department has an innovative highway asset management program whereby the Department will contract with a private entity or another governmental agency for the management of all assets located within the right-of-way for an entire geographical area or portion of roadway. For the purposes of this agreement, Collier County will be referred to as the "County." Once the agreement is executed, the Department 4411 monitor the County's maintenance management program and conduct evaluations based upon performance specifications established in the agreement. The use of performance specifications, which effectively transfer day-to-day managerial and administrative responsibility to the County, with oversight by the Department, has been chosen because methodology specifications would require the Department to perform extensive contract administration including work identification, work assigranent, inspection, and documentation. OBJECTIVES The County will manage and perform all routine maintenance activities associated with Roadway, Drainage, Roadside, Wayside Parks, Vegetation and Aesthetics, Traffic Services, Highway Lighting and Incident Management. No. '~ PROJECT DESCRIPTION AND LIMITS The corridors covered by this contract include all Florida Department of Transportation owned and maintained primary roadways within Collier County as shown below. State Road Numbers US Route Numbers Section Numbers 29 03080 45 41 03010 82 03050 84 03001 90 41 03010, 03040 [maintenance of the pavement only] 951 03030 The scope of this project includes management and performance of routine maintenance of all components of the transportation facility currently maintained by the Department within, or associated w/th, the state road right-of-ways on the primary road system as indicated in the chart above, including: (a.) All interchanges, crossroads and ramps to the point at which the right-of-way terrmnates or as shown by the Department through supplemental description. (b.) All overpasses over the transportation facilities out to the right-of-way line. (c.) All waterway and intermittent waterway canals to the right-of-way line including compliance with any permit requirements. (d.) All stormwater management and mitigation areas associated with the highway corridor. (e.) All Wayside Parks and Recreational Areas, excluding Section 03040 of State Road 90. GENERAL REQUIREMENTS It is the intent of the Department for all work to be performed to current Standards and Specifications throughout the agreement duration, as may be updated throughout the life of the agreement. The County will manage all assets within the project limits and will perform work that produces end results in accordance with Department Specifications (including all Supplemental Specifications and Special Provisions in the Specification Workbook), Design Standards, MUTCD, Standard Maintenance Special Provisions, Maintenance Activity Standards, Procedures, Handbooks, Guides, and Manuals in AGFa,; i5,~, effect at the time of the performance of the specific work, and consistent with the Department's statewide maintenance practices. The Standard Specifications for Road and Bridge Construction, Workbook of Implemented Modifications to the Standard Specifications, and Mandatory Specification Revisions can be retrieved through the Internet at: http://www 11.m¥florida.com/specificationsoffice/ The Depmhnent will consider changes in compensation on an annual basis if changes are made to the Statewide Maintenance Programs or any of these documents. This shall include additions or deletions of roads on the state highway system. The County will not receive any additional compensation for maintenance of projects currently scheduled in the Department's Work Program at the time of the agreement's execution as set forth in Exhibit VII. The bid will be lump sum. The duration of the contract will be ten (10) years with a renewal option for one additional ten-year term. If the renewal option is exercised, the Department will, for inflation, add an additional twenty percent (20%) of the total original annual lump sum amount to the ten- year renewal period lump sum annual amount. The County will invoice the Department quarterly. The County will include with the quarterly invoice a breakdown of all work completed by appropriate Maintenance Management System (MMS) activity numbers with the units completed. The County will provide a breakdown of charges by appropriate Financial Project Number on the quarterly invoice. Proper health and safety measures will be taken to insure safety for the traveling public, Department employees, County employees, and Subcontractor employees. The County and agents are required to pay all tolls. The County is expected to maintain the road system uniformly and consistently throughout the agreement period by meeting performance specifications. Continued poor performance of work or failure to perform in accordance with the agreement will cause the County to be declared in default of the agreement. The Department will continue to pay all highway lighting electric bills currently being paid for by the Department including those for navigational lights on bridges. The County will update the Maintenance Roadway Characteristics Inventory (RCI) when changes occur to any roadway characteristic of the roads within the project limits. Updated coding sheets will be provided to the Department. The County will monitor and report to the Department, quarterly, all subcontractor utilization with DBE utilization broken out (Form Number 375-030-2E). The County will maintain records and documents of payments to DBE's for three (3) years following performance of the agreement. The County will maintain a customer service log, which shall detail complaints or requests, and the disposition of the items contained in the log. The customer service log will be made available to the Department for review upon request. The County will contact the customer within one (1) working day and have resolution of the customer service request within two (2) weeks. The County will develop and implement a Customer Service Resolution Plan. The County will comply with District lane closure restrictions/requirements. In some locations this may require the work to be performed at night. The County will be required to manage and coordinate existing Depamnent contracts until expiration (See Attachment IV). Active contracts will continue until the funds or time expires on the contract, whichever comes £n'st. The County will document any instances of poor performance by the Contractor of any existing Depmhnent contract. If the Department prematurely terminates the contract before the contract expiration given in attachment IV, the Department w/Il compensate the County for assuming the unanticipated workload remaining on the terminated contract. All claims and disputes by the County will be resolved in accordance W~th the "Documentation and Analysis of Maintenance Contract Claims" Procedure (Topic Number 375-030-015). The County will comply with the following Department procedures. Copies of these procedures can be obtained through the Department. Topic Number 850-065-002 Topic Number 850-000-015 Topic Number 850-000-005 Topic Number 850-055-025 Topic Number 850-055-003 Topic Number 850-050-004 Topic Number 850-005-001 Topic Number 850-050-003 Topic Number 850-000-001 Topic Number 225-085-001 Topic Number 625-010-021 Topic Number 375-020-002 Topic Number 375-030-015 Maintenance Rating Program Roadway and Roadside Maintenance Maintenance Responsibilities on Construction Projects Single and Multi-Post Sign Inspection Reporting Attenuator Inventory and Inspection Highway Safety Memorial Markers Reporting Incidents and Management of Damage Repair Guardrail Inspection and Maintenance Transportation Data Collection, Storage and Reporting General Liability Claims Median Opening and Access Management Decision Process Contract Maintenance Inspection and Reporting Documentation and Analysis of Maintenance Contract Claims The County will comply with the following manuals, guides and handbooks. Nc. .IUN Maintenance Rating Program Handbook A Guide to Turf Management A Guide to Roadside Mowing Chemical Weed and Grass Control A Guide to Asphalt Pavement Repair Wildflowers in Florida Florida Highway Landscape Guide Utility Accommodations Manual Routine Maintenance Cost Handbook Maintenance Roadway Characteristics Inventory Manual Plans Preparation Manual These publications are available through the: FDOT Manuals Flor/da Department of Transportation Maps and Publicanons Sales 605 Suwarmee Street - MS 12 Tallahassee, FL 32399-0450 Phone (850) 414-4050 Fax (850) 4144915 http://www.dot.state, t]. us/MapsAndPublications/manuals/pub-list.htm ROUTINE AND NON-ROUTINE MAINTENANCE The County will manage all assets within the project limits and perform routine and non-routine maintenance activities as necessary. These maintenance activities will be performed at a frequency that ensures uniform and consistent compliance with the Maintenance Rating Program (MRP) criteria, the required maintenance rating level and any other requirements of the Department. The routine maintenance activity numbers, units of measure and descriptions can be found in the Routine Maintenance Cost Handbook. The installation and maintenance of logo signs are the responsibilities of others. The County will maintain all flashing signs and traffic signals that are not covered by a maintenance agreement w/th a city or county. Routine maintenance activities are listed in Attachment I. The County will manage the maintenance program including the performance of work needs determinations, location of resources, work assignments and management of resources. The County will develop an annual work program with associated budget to insure the desired maintenance is performed. JUN ii 2E2.2 INCIDENT RESPONSE The County will respond and deploy resources within 60 minutes of initial notification, 24 hours per day, 7 days per week, including holidays, to any incident occurring on the roadway corridors. The County will arrive on-site, prepared to take necessary action with necessary manpower and typical emergency response equipment, within a maximum time of 120 minutes from initial notification of the incident. The County will develop an "Incident Response Plan". Included in the "Incident Response Plan" should be details on public/agency notifications, incident management, how the safety of motorists will be insured, handling of hazardous waste, coordination with Law Enforcement and other appropriate agencies, traffic control, submission of "Incident" reports, the establishment and maintenance of detour routes when needed for closure of the primary roads, emergency repairs, removal of debris and evacuation response. The County will be responsible for all aspects of traffic control related to an incident, including, but not limited to, the entire detour route off the corndor(s) covered by this agreement onto other state roads or non-state roads. The County will notify the Deparm~ent within 24 hours of all roadway closures exceeding 2 hours and re-openings, or major incidents upon occurrence, non-work days excluded. A summary, of incident responses, by the County, will be submitted to the Department with the quarterly invoice. The County will have incident response procedures in place to ensure proper response within the roadway corridors. The County will comply with all Local, State, and Federal Laws and Department plans dealing with evacuation routes. The County will have incident response procedures in place to insure proper coordination of the handling of hazardous waste encountered on the roadway corridor. The Count3.' will comply with all Local, State, and Federal laws and regulations dealing with the handling and disposal of hazardous waste. When an event occurs causing damage to the facility, the Department authorizes the County to pursue claims against any responsible party for reimbursement of expenses incurred. Any advance preparation, repairs, replacement, etc., required as a result of natural disaster, catastrophic or emergency response event will be considered part of the agreement responsibilities and the County will not receive any additional compensation. The Department authorizes the County to pursue claims of any emergency reimbursement in response to the disaster. MAINTENANCE RATING PROGRAM The County will achieve and maintain an annual Maintenance Rating Program (MRP) rating of 80. The County will use the criteria established in the Depmtment's MR_P to evaluate and establish the lex/el of maintenance attained to ensure a uniform consistent level of Maintenance at all times. The requirements and criteria for the MRP are found in the Roadway and Roadside Maintenance procedure (Topic Number 850-000-015), the MRP procedure (Topic Number 850-065-002) and the lVlRP Handbook. All elements 6 / JUN (roadway, roadside, traffic services, drainage and vegetation/aesthetics) shall have a rating of 75 or above and each characteristic shall meet the desired conditions a minimum of 70 percent of the time. The County will perform the MRP rating three times per year. The Department will produce and provide to the County locations to be rated each period. Upon receipt of the samples from the Department, the County will be responsible for completing the survey of those samples and submitting all IVlRP coding sheets to the Depaxhnent 5 days before the last working day of the-scheduled period. The MRP rating will be performed using the criteria in the MRP Handbook. The County will certify the accuracy of each MRP rating to the Department. The Department will calculate the MRP score for the County. The Department may perform MRP ratings as a quality control check of the County. The Department may also evaluate any specific component independent of the routine MRP evaluations. If the MRP rating for any period is disputed, the Department may perform a separate MRP inspection. The locations rated by the Department, for quality control or MRP dispute resolution, may or may not coincide with the locations rated by the County. If there is a difference between the County's MRP rating and the Department's MRP rating, the County's MRP rating will be adjusted. To obtain the adjusted rating, the Department will add to its calculated MRP rating a margin of error of 2 points. The Coun ~ty's rating will then be adjusted to this number. The MRP rating for the per/od shall be the adjusted number. PERMITS The County will be responsible for perrmtting activ/ties Wnthin or associated with the Right of Way. The County will meet all the requirements in Florida Administrative Code Rules, in particular, the following. F.A.C. Rule 14-20 F.A.C. Rule 14-28 F.A.C. Rule 1440 F.A.C. Rule 1443 F.A.C. Rule 1446 F.A.C. Rule 14-63 F.A.C. Rule 14-65 F.A.C. Rule 14-86 F.A.C. Rule 14-96 F.A.C. Rule 14-97 Private Use of Right of Way Public Use of Rest Areas, Wayside Parks and Solicitation on State Highway Facilities Highway Beautification and Landscape Management Regulation of Signs, Canopies Over Streets and Sidewalks Railroads/Utilities Installation or Adjustments Building Moving Permits Temporary Closing and Special Use of State Roads Drainage Connections State Highway System Connection Permits, Administrative Process State Highway System Access Management Classification System and Standards 7 The County will handle coordination, processing, administration, and inspection of all permits on the roadways covered by this agreement. The County will enter all pe, mit related data into the Permits Information Tracking System. The County will collect all permit fees and turn them over to the Department's representative. All approvals and signatures required by the Florida Administrative Code Rules will remain with the Depa~ tment. All permits will be processed expeditiously, meeting the requirements of Florida Statutes and Florida Admmis~ative Code: "General Use "Permits will be processed in accordance with District requirements. The County will process all permits to completion, which is either approval or denial; within 60 days of receipt of a complete permit application. The County will not be penalized if a delay in processing a permit is caused by the Deparmaent. The permitting of Outdoor Advertising Billboards is the responsibility of others. The County will submit a "Permit Processing Plan". Included in the plan shall be details on the permitting process, adherence to permitting requirements and processes to ensure customer satisfaction. STRUCTURE INSPECTION AND MAINTENANCE The County will not be required to inspect or maintain any bridge structures on the primary state h/ghway system. The agreement does include the inspection and maintenance of the highway lighting systems on the bridges with the exception of navigational lighting. The County xvill not be required to inspect or maintain any bridge structures or over-lane structures, except sign panels. PERFORMANCE MEASURES 1. Maintenance Rating Program The County will conduct MRP ratings ever3, four months. Beginning with the first four-month period, the Depmiment will hold retainage equal to one percent (1%) of the cumulative amount of four months payments for each point below an overall maintenance rating of 80. The Department will hold additional retainage equal to one half of one percent (.5%) of the cumulative amount of four months payments for each point below 75 on any element rating. The Department will hold additional retainage equal to one quarter of one percent (.25%) of the cumulative amount of four months payments for each percentage point below 70 on any characteristic rating. The Department will hold the retainage until the County conducts the final four months Maintenance Rating and the annual maintenance rating is calculated. The percentages given (1% each point of MRP rating below 80, .5% each point of elements below 75 and .25% each percentage point of characteristics below 70, on the annual rating) will be applied to the entire annual agreement amoun If the calculated amount is less than the retainage, the balance of the retainage will be paid to the County. If the total reduction assessed exceeds the retainage amount, the balance will be deducted from the County's payment. Adjusted MRP ratings will be calculated as defined in section titled Maintenance Rating Program above. 2. Permits Each month the Department will check permits entered into the Permits Information Tracking System. There will be 0.033% (.00033) of the quarterly lump sum deducted per day, per permit, for each day over 60 days used to process any permit to resolution. This reduction is not cumulative but will be calculated only for the number of days exceeding the 60 days processing time within the quarter being paid. The 60 days will begin when the County receives a complete permit application. Resolution of the permit is considered complete when the permit is officially submitted to the Department with documentation and recommendation sufficient for approval or denial. The total of the permit reduction will be deducted from the County's quarterly lump sum payment. 3. Highway Lighting The Department may perform highway lighting outage surveys. If the highway lighting (overhead. underdeck and sign) outage exceeds 10%, there will be a $5,000.00 reduction per month deducted from the Coun ~tS/s quarterly lump sum payment. This paragraph does not include any highway areas that have existing highway lighting agreements with other entities within the project lim/ts of this agreement. 4. Attenuator Inspection If the County does not perform attenuator inspections by the last day of the month they are due, there will be a reduction of $1,000.00 per day, per delinquent inspection, assessed and deducted from the quarterly lump sum payment. The completed Attenuator Inspection Reports and the Attenuator Inventory Update Form (#850- 055-04) are due by the fifteenth (15~ day of the month following the inspections. There will be a $1,000.00 per day, per delinquent Attenuator Inspection Report or Attenuator Inventory Update Form, reduction assessed for reports or forms not received within the specified time period. The total amount will be deducted from the quarterly lump sum payment. Guardraii and Sign Inspection 9 If the County does not perform guardrail and sign inspections within 24 months, to the day, of the prior inspection, there will be a reduction of $1,000.00 per day assessed and deducted from the quarterly lump sum payment. The completed guardrail and sign inspection reports are due within fifteen (15) days after completion of the inspection. There will be a reduction of $1,000.00 per day assessed for reports not received within the specified time period. The total amount will be deducted from the quarterly lump sum payment. 6. Customer Service Resolution If the County does not attempt to contact the customer within one working day, $500.00 per day may be_assessed and deducted from the County's quarterly lump sum payment, for each day greater than one working day that it took the County to contact the customer unless the County can document that the customer was unavailable or could not be contacted. If thc customer complaint is not jointly resolved to the Department's and County's satisfaction within two weeks, or longer upon reasonable request from the County, $1,000.00 per day', per customer complaint will be assessed and deducted from the County's quarterly lump sum payment for each day over two weeks that it took for the County to resolve the customer complaint. The contact person at the Depmhnent shall be , the [title of designated person]. The address and telephone number of the contact person for such complaints is [ ]. 7. Incident Response If the County does not arrive on-site, prepared to take necessary action within 120 minutes from initial notification of a incident, $1,000.00 per hour, per incident, will be deducted from the Coun¢"s quarterly lump sum payment for each hour past the allowed response time it took the County to be on site. 10 ATTACHMENTS YI. III. IV. V. VI. Routine Maintenance Activities List of District Asset Management Coordinators Contents of CD Available Through The District Contracts Administration Office List of FDOT Contracts That Will Continue Into The Asset Management Contract Addendum Number 1 - Equipment List 11 NO.~ ~k~ '-.¢' - JUN 11 2';22 135 197 411 412 414 421 423 424 425 431 432 433 435 436 437 451 456 457 459 461 464 465 471 482 484 485 487 489 490 492 493 ATTACHMENT I ROUTINE MAINTENANCE ACTIVITIES Environmental Work Engineering Duties Asphalt Repair (Manual) Asphalt Repair (Mechanical) Base Repair Pressure Grouting Concrete Pavement Joint Repair Concrete Slope Pavement Joint Repair Concrete Pavement Surface Repair Motor Grader Operation Repairing Non-Paved Shoulders, Front Slopes and Roadside Ditches (Manual) Sodding Seeding, Fertilizing and Mulching Reworking Non-Paved Shoulders, Front Slopes and Roadside Ditches (Mechanical) Miscellaneous Slope and Ditch Repair Clean Drainage Structures Repair or Replace Storm Drains, Side Drains, Cross Drains Concrete Repair Concrete Sidewalk Repair Roadside Ditches - Clean and Reshape Outfall Ditches - Clean and Repair Mitigation Area Maintenance Large Machine Mowing Slope mowing Inter mediate Machine Mowing Small Machine Mowing Weed Control (Manual) Wildflowers Fertilizing Tree Trimming and Removal Landscape Area Maintenance 12 494 497 498 519 520 521 522 526 527 53O 531 532 534 537 540 541 542 543 545 78O 787 941 942 991 993 994 995 996 Chemical Weed and Grass Control Chemical Weed and Grass Control Selective Weeding Storm Water Management Delineators Signs (Ground Signs 30 square Feet or Less) Signs (Ground Signs Over 30 Square Feet and Alt Overtane Signs) Sign Cleaning Guardrail Repair Fence Repair Routine Attenuator Inspection and Service Attenuator Repair Pavement Striping (Large Machine) Pavement Symbols Raised Pavement Marker Replacement Graffiti Removal Roadside Litter Removal Road Sweeping (Manual, including bridges) Road Sweeping (Mechanical, including bridges) Edging and Sweeping Driveway-Utility Perrmt Processing and Inspection Highway Lighting Maintenance Supermsion, Inspect/on and/or Engineering of Roadway Maintenance Contract Maintenance Supervision, Engineering and Inspection Emergency Maintenance Betterment Work Performed for other State Agencies Maintenance Support Services Miscellaneous Routine Maintenance 13 JUN 11 ATTACHMENT H LIST OF DISTRICT ASSET MANAGEMENT COORDINATORS DEPARTMENT CONTACTS ADDRESSES AND PHONE NUMBERS District/Area Project Coordinator: Other Contacts: Richard A. Marmo District Maintenance Contracts Coordinator Florida Department of Transportation 801 North Broadway Mail Station 1-7 Bartow, Florida 33830 J. R. "Chuck" Lovell, P.E. Dismct Maintenance Engineer Florida Depm tment of Transportation 801 North Broadway Mail Station 1-7 Bartow, Florida 33830 Jennifer G. Perry District Maintenance Contracts Engineer Florida Department of Transportation 801 North Broadway Mail Station 1-7 Bartow, Florida 33830 (863) 519-2323 (863) 519-2315 (863) 519-2316 14 ATTACHMENT III CONTENTS OF CD AVAILABLE THROUGH THE DISTRICT CONTRACTS ADMINISTRATION OFFICE AT: Florida Department of Transportation District 1 Contracts Administration Office P.O. Box 1249 Barrow, Florida 33831-1249 Attention: Ms. Cheryl Sanchious District Contracts Administrator Phone No.: (863) 519-2598 Contract Reports MRP Reports Summary Spreadsheet for MRP 80 Workloads RCI Converted Inventory General Information of Bridges In-House Crews Unit Cost Reports Department Procedures Standard Maintenance Special Provisions This data is being provided to assist the County in gathering information about the project. This information is not complete. It is the County's responsibility to review and confirm this data for validity. The County must insure all quantities and workloads pertaining to this scope of work. The DeparLment Procedures and Standard Maintenance Special Provisions contained on the CD are current at the time of execution of the agreement. It is the County's responsibility to monitor and implement any changes to these documents for the duration of the agreement. 15 AGE,~ L~A ITEl':: No. LU, I1 ATTACHMENT IV FDOT CONTRACTS THAT WILL CONTINUE INTO THE ASSET MANAGEMENT AGREEMENT District/Area Contract Number Description Contract End Date Contractor 1/COLLIER E- 1B 56 MOWING/LITTER 08/09/2002 1/COLLIER BC-817 MOA-MARCO ISLAND 09/30/2003 1/COLLIER E-lB09 STORMWATER POND 07/26/2002 MOWING 1/COLLIER TBA HERBICIDE EST 11/2002 GREAT BAY LANDSCAPE CITY OF MARCO ISLAND SOS TRACTOR SERVICES TBA 16 P§. _________~_ ATTACHMENT V ADDENDUM NUMBER 1 SURPLUS MOBILE EQUIPMENT The Department has declared the equipment listed in Attachment VI to be surplus and the transfer of the vehicles from the State to the County will be handled by the Department of Management Services (referred to as DMS from this point forward) through a contract between DMS and the County. SURPL~.IS FURNITURE The Department has declared alt furniture in the Florida Department of Transportation's Naples Maintenance Yard to be surplus and the transfer of ownership from the State to the County will be coordinated by the Property Management Section of the Financial Services Department. LOW-FREQUENCY RADIOS The Department will allow the radios to remain in the equipment and on the premises. The maintenance and replacement costs of the radios and associated equipment shall be the responsibility of the Countx'. TELEPHONE EQUIPMENT The Department will leave all telephone equipment in place for connection by the County. FACILITIES The Department currently has a fifty (50) year term on the lease of the facilities at Naples Maintenance with the Department of Environmental Protection (referred to as DEP from this point forward). The Department plans to terminate its lease which will allow the County and DEP to develop their own contract should they elect to do so. STATE PERSONNEL Upon the effective date of this Agreement, the Department employees assigned to the Florida Department of Transportation's Naples Maintenance Yard will no longer be employed by the State of Florida and will become employees of the County if they so choose under the following conditions: a) Employees with "Permanent" status in their current Department position will be hired in a "Permanent" status by the County, after satisfactory completion of ninety (90) day probationary period. b) Employees with "Permanent" status will be classified according to their qua~ 17 JUN c) d) e) g) h) i) (Knowledge/Skills/Abilities) and the County's organizational needs in equivalent positions within the County's job classifications. Employees on "Probationary" status in their current Department position will be hired in and placed on probation for six (6) months from the date they are hired by the County. All employees will begin earning sick and annual leave effective with the date they are employed by the County. They will be eligible to use this leave at this time consistent with County policy applicable to other County employees with leave balances. The County will establish Annual Leave and Sick Leave balances for each Department employee effective the date they are employed by the County for any hours they earned but were not paid for as verified by the Department. Skill levels and base rates of pay for employees with "Permanent" status will be confirmed by the County no later than 90 days from the date they are employed by the County. Skill levels and base rates of pay for employees with "Probationary" status will be determined by the County no later than the end of their six (6) month County probationary period. Base rates of pay, benefits and retirement options for the Department employees hired by the County shall be comparable to, or exceed, base rates of pay, benefits and retirement options from the Department upon the effective date of this Agreement. Department employees hired by the County shall not be terminated without just cause for a period of six (6) months. 18 2832 ATTACHMENT VI EQUIPMENT LIST 19 AG;: JUN 11 EXECUTIVE SUMMARY AUTHORIZE THE COUNTY ATTORNEY TO AMEND COUNTY CODE OF LAWS AND ORDINANCES, SECTION 66-116, CREATING STRICTER ENFORCEMENT OF PUBLIC SWIMMING POOLS CURRENTLY EXEMPT UNDER FLORIDA STATUTES. OBJECTIVE: To provide safer public facilities for the community. CONSIDERATION: Florida Statute 514 and Administrative Code for Public Pools Construction and Operational Standards, 64E-9 allow for exemptions from regular inspections primarily to public pools serving less than 32 living units. The Department of Health (DOH) estimates that there are approximately 350 such pools in Collier County that are not permitted or inspected by DOH. It is believed that many of these pools are operating without certain safety provisions and with substandard water quality. More specifically, many of these exempt pools are operating with direct suction systems, with no relief tank. If a pool operates with such a system and has a broken drain grate, a swimmer can become trapped within the main drain, causing catastrophic injury or death. Similarly, there are many other health and safety issues that can present operational hazards for the casual swimmer as well. These issues can be minimized if the pools are inspected on a regular basis by trained staff. These inspections will also provide the user with a level of reliance that the water quality meets standards. Presently, these pools are not monitored; however, there is a belief from the users that their pool is inspected. To accommodate these concerns and to provide the public with better health and safety provisions, the Collier Cottttty Health Department recommettd$ that exemptions be removed fOr ali existhtg and new public pools. Attached are the proposed language changes to Article V. Public Swimming Pools, Collier County Code of Laws and Ordinances, Section 66-116. Implementation of these changes will translate into: · CCHD'S permitting and inspection of all public pools in Collier County. Approximately 1600 existing pools shall be inspected 2-4 times/year. Construction of all new public pools shall be required to have construction plans designed and reviewed by Florida-licensed Professional Engineers, and to have installation inspections by the CCHD. Commercial grade products and all applicable safety features shall be required on all new construction. Certain safety violations, resulting from un-inspected and non-engineered pools, are anticipated at existing exempt pools. The DOH will work with the owners of :here facilities to resolve issues. JUFl.1 I 2002 Pg' / t The added workload will require an additional 1.5 inspectors. The permitting fees from the exempt pools shall provide the revenue for these additional inspection services. Economic Impact of this program change will be $255/year for each exempt pool to obtain an operating permit and to have DOH provide inspection and water quality testing services. With each pool serving an average of 15 units and 2 people per unit, the average cost to the individual costumer for this service is estimated at $8.50/year. Assuming there are 350 exempt pools currently in existence in Collier County, the additional revenue generated will be $89,250/year. These funds shall be utilized to offset the cost of the inspections including: 1.5 inspectors, water quality testing, inspection vehicles, and associated expenses. Similarly to the sign code change several years ago, staff anticipates that pool owners will be concerned with the economic burden of retrofitting older pools to the new code. To address this issue, language provisions will be added to the ordinance providing for affording a schedule, for older pools to comply with the code as long as there is no immediate health / safety risk to the user. If the Board directs staff to proceed with this amendment, the proposed Ordinance will be presented to the Development Sen'ices Advisory Committee for recommendation prior to the Public Hearing. GROWTH MANAGEMENT: Growth Management Plan. This Ordinance does not impact the County's FISCAL IMPACT: There is no immediate fiscal impact at this time. However, once the Ordinance is adopted, it is anticipated that annual revenues in the amount of $89,250 will be raised to offset the expense of inspections. RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to amend the Code of Laws and Ordinances, Section 66-116 as recommended, and advertise said changes for Public Hearing. ThOmas G. Walker, PE Environmental Health & Engineering Administrator Collier County Health Department AND '~MM) BY: DATE: APPROVED - '. Joan Colfer, Directo{ 'l dlier County Health Depa~ment 'Agenda Item .JUN ! 2002 EXECUTIVE SUMMARY APPROVE RESOLUTION 2002- TO PLACE ON THE NOVEMBER 5, 2002 GENERAL ELECTION BALLOT A--QUESTION FOR THE ELECTORS TO APPROVE THE ISSUANCE OF UP TO $75,000,000.00 IN GENERAL OBLIGATION BONDS PAYABLE FROM A LEVY OF UP TO 0.25 MILL OF AD VALOREM TAXES FOR A PERIOD OF 10 YEARS TO FUND THE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LANDS. OBJECTIVE: To obtain approval of a resolution calling for a referendum on the November 5, 2002 general election ballot with respect to the issuance of up to Seventy-Five Million Dollars [$75,000,000.00] in limited general obligation bonds payable from a new tax levy of up to 0.25 mill of ad valorem taxes. These tax revenues would provide funding to pay for the bonds and the bond proceeds would be used to acquire and improve environmentally endangered land for the protection of water resources, wildlife habitat and public open space. This land would preserve valuable ecosystems for future generations, conserve, manage and where necessary, restore the natural environment and provide appropriate access for the enjoyment and education of the public. It xvould also help to ensure that sufficient quantities of xvater are available to meet the cun'ent and future needs of the natural systems and citizens of the County, promote an appreciation for Florida's natural assets and improve the quality of life. CONSIDERATION: On May 13, 2002, the BCC conducted a workshop on a prog-ram destituted to acquire environmentally sensitive lands in Collier County. At the workshop, the Board of County Commissioners ["BCC"], agreed to consider the program for formal action at a subsequent BCC meeting. Accordingly, the attached Resolution from Collier County citizens is presented for the BCC's consideration and action. The Resolution finds that it is desired to authorize the annual levy of an additional ad valorem tax not exceeding 0.25 mills for ten [10] years to fund the acquisition of enviromnentally sensitive lands for the protection of water resources, wildlife habitat, and public open space in perpetuity. The attached Resolution will direct the Supervisor of Elections to place the following question on the November 5, 2002 ballot: BALLOT CONSERVATION COLLIER: ACQUISITION AND MANAGEMENT OF ENVIRONMENTALLY SENSITIVE, WATER RESOURCE LANDS, AND PUBLIC OPEN SPACE SHALL COLLIER COUNTY BE AUTHORIZED TO ACQUIRE, PRESERVE AND MANAGE ENVIRONMENTALLY~ SENSITIVE LANDS FOR THE PROTECTION OF WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN AGENDA ITEM NO._ JUN 1 1 2002 Pg. Environmental Lands Referendum Executive Sunmmry SPACE BY ISSUING BONDS LIP TO SEVENTY-FIVE MILLION DOLLARS PAYABLE FROM AD VALOREM TAXES NOT EXCEEDING ONE QUARTER OF ONE MILL FOR A PERIOD OF TEN (10) YEARS, AND BEARING INTEREST AT A RATE NOT EXCEEDING THE MAXIMUM LEGAL RATE? YES [FOR BONDS] NO [AGAINST BONDS] The Resolution also provides for the following: 1. Creation of a citizens oversight committee to conduct an ongoing review of all projects under consideration and to make recommendations to the BCC for acquisition. 2. Establislm~ent of policies, procedures, standards and criteria for the acquisition of endangered and conservation lands, xvildlife habitat and water resource areas. 3. That lands acquired shall be only environmentally sensitive lands. 4. Establislm~ent of the folloxving acquisition priorities: INITIAL SCREENING CRITERIA: 1. Land with the most rare, unique or endangered habitats found in Collier County, in order of preference: (1). Tropical hardwood hammocks, (2). Xeric oak scrub, (3). Coastal strand, (4). Native beach, (5). Xeric pine, (6). Riverine oak, (7). High marsh (saline), (8). Tidal freshwater marsh, (9). Other native habitats. 2. Lands offering the best human social values, such as those that include equitable geographic distribution, appropriate public access for passive recreational, educational and compatible uses, and enhancement of the aesthetic setting of Collier County. 3. Land that protects the most water resource values, including aquifer recharge, surface water quality, xvetland dependant species habitat, and flood control. 4. Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. 5. Land that enhances and/or protects the environmental value of existing conservation lands through function as a buffer, ecological link, or habitat corridor. 6. Any qualified land that meets at least two of the above criteria, and has matching funds available, and/or which program funds' availability would leverage a significantly higher funding rank in another acquisition program. Without such funding circumstances,, program funds shall not be available for projects within other agencies' acquisition boundaries. AGENDA ITEM JUN 1 1 21382 pg. 3,. 2 Environmental Lands Referendum Executive Summary SECONDARY RANKING CRITERIA: Those proposed acquisition parcels which are qualified under the Initial Screening Criteria shall be evaluated and ranked by the County staff and the citizens oversight committee based on site visit infom~ation (which confirms or refutes the screening criteria evaluation), and based on comparative size (larger of similar parcels is preferable), vulnerability to destruction (most threatened of qualified parcels is preferable), overall resource quality (to prefer highest quality), and the estimated feasibility and costs of management (most manageable parcels are preferable). 5. Public access shall be provided to all lands acquired, subject to Collier County, State and Federal laws, rules and regulations. Adoption of the Resolution xvill place the question on the November 5, 2002 ballot. Staff envisions that an implementing ordinance xvill be presented to the BCC in late summer/early fall for adoption, subject to successful passage of the referendum. The adoption of the ordinance will precede the election in order for the public to have more details as to how the program xvill be implemented, subject to the overall constraints found in the attached Resolution. If the referendum passes, then a coordinator xvill be hired and the advisory committee will be established by June 2003. FISCAL IMPACT: Simply adopting the Resolution to place the question on the November ballot xvill not in itself cause a fiscal impact. If the referendum passes and the BCC agrees o fund the program outlined in the Resolution, the following fiscal impacts are expected: 1. A staff member will be required to administer the program. Costs to provide salary, benefits and incidental operating expenses are estimated at Sixty-Seven Thousand Dollars ($67,000). This cost is for FY03 and assumes a position to be effective January 2003. Annual staffing expenses are thereafter estimated at Sixty Thousand Dollars ($60,000) per year excluding inflation. If the referendum passes, a budget amendment will be needed to fund the FY03 cost of Sixty-Seven Thousand Dollars ($67,000). 2. The 0.25 mill levy would raise approximately Eight Million Four Hundred Thousand Dollars ($8,400,000) per year, based on FY02 County-wide taxable values. This value will change in direct proportion to the change in taxable values. 3. It is the intent of the program to achieve maximum impact by partnering with other entities through the award or acceptance of grants, joint projects, and other cooperative efforts. Thus, the funds derived from the program will also be used as matching funds in order to maximize the use of public monies to the benefit of Collier County. GROWTH MANAGEMENT IMPACT: Acquiring environmentally support various policies in the Conservvdon and Constal Management.Element. I AGENDAJ.TEM/"~ NO. \~J,, r-~ JUN 1 1 2002 pg..3 sensitive lands will Environmental Lands Referendum Executive Summary RECOMMENDATION: That the Board of County Commissioners consider the attached Resolution to place on the November 5, 2002 ballot a question that will authorize the issuance of up to Seventy-Five Million Dollars ($75,000,000.00) in general obligation bonds payable from a levy of up to 0.25 of ad valorem taxes for a period of 10 years to acquire environmentally sensitive lands. PREPARED BY: REVIEWED BY: APPROVED BY: qu~ne Hubbard Robinson sistant County Attorney DATE: ,~v~lliam D. Lore6~, Jr., e.4~., Di'-'~ector Natural Resources Department DATE: !//Jokeph K. Scl~mitt, CDES Administrator ~mmunity Development & Environmental Services APPROVED BY: Thomas W. Olliff, County Manager DATE: APPROVED BY: David C. Weigel, C~t~nty/~omey DATE: NO. JUN ! 1 2002 ... 4 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 _96 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOI.UTION NO. 2002-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF TIlE COUNTY OF COLLIER, FLORIDA, ORDERING AND PROVIDING FOR HOLDING OF A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS OF THE COUNTY OF COLLIER, FLORIDA APPROVE THE LEVY OF AN ADDITIONAL AD VALOREM TAX NOT EXCEEDING 1/4 MILL FOR 10 YEARS AND THE ISSUANCE OF NOT EXCEEDING $75,000,000 LIMITED TAX GENERAL OBLIGATION BONDS, TO BE ISSUED IN ONE OR MORE SERIES, PAYABLE THEREFROM, IN ORDER TO FINANCE ACQUISITION AND MANAGEMENT OF ENVIRONMENTALLY SENSITIVE LANDS FOR THE PROTECTION OF WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN SPACE IN PERPETUITY,AND PURPOSES INCIDENTAL THERETO; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION TttEREWITH; PROVIDING AN EFFECTIVE DATE. \VHEREAS, Collier County recognizes the need to plan for future groxvth and desires to initiate a [ong-tcrm program, knoxvn as Conservation Collier, to acquire and manage environmentally sensitive land in perpetuity for the protection of water resources, wildlife habitat and puMic open space, and WHEREAS, the history of Collier County is marked with efforts to conserve the County and region's unique ecological character and to preserve valuable ecosystems for future generations; and \VHEREAS, it remains the goal of Collier County to conserve, manage and where necessary, restore the natural environment and provide appropriate access for the enjoyment and educatiou of the public; and WHEREAS, Florida's groundwater, surface waters and related ecosystems are under pressure due to population growth and economic expansion and resources are needed to ensure that sufficient quantities of water are available to meet tile current and future needs of the natural syslems nnd citizens of the County; and WIIEREAS, access to public lands support a broad range ofot, tdoor recreational opl~ortunities and the development of necessary infrastmclure, where compatible with the resource values and management objectives for such lands, promotes an appreciation for Florida's natural assets and improves the quality of life; and \VHEREAS, tile need for bigb-qt, ality resource based outdoor opportunities, greenways, trails and open space have not been fully met by previous acquisition programs and additional emphasis on acquiring, protecting, preserving and restoring open space, greenways and providing public access is necessary; and WHEREAS, acquisition to protect the integrity of ecological systems provide multiple: benefits, inch,ding preservation of habitnt, recreation space for urban as well ns rural areas, and water recharge; and WHEREAS, a long-tem~ acquisition and manageme,,t program is needed and fimding is required, and f- AGEN~3AJ,TM .1~ NO. _ V ~ JUN 1 1 2002 pg. 5' 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 40 41 42 43 44 45 WIIEREAS, a long-term financial commitment to managing public lands must accompany any new land acquisition program to ensure that the natural resource values of such lands are protected and that the public has the opporlunity to enjoy Ibc lands to their fullest potential; and WItEREAS, if said fimding is authorized by the voters of Collier County and the Board of County Commissioners, in its discretion, levies the necessary millage, it is in the public's interest to have any resulting acquisition and management program procedurally implemented in a manner that sels specific guidelines for the program to ensure effective and successful completion of the Conservation Collier program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 1N OPEN MEETING DULY ASSEMBLED IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, THIS ~ DAY OF ~, 2002, A.D., AS FOLLOWS: SECTION I..F'indines It is found and declared lhat: (A) This Resolution is adopted pursuant to applicable provisions of law. (B) It is desired to ask thc electors ofthe County if they desire the Board of County Commissioners to authorize the annual levy of an additional ad valorem tax not exceeding 1/4 mill for ten years to fired the acquisition, preservation, and management of environmentally sensitive lands for the protection of water resources, wildlife habitat and public open space suitable for resource based recreation fi'om taxes collected and on deposit and from the proceeds of the issuance of shorl and/or long term indebtedness authorized herein payable from the aforesaid additional ad valorem tax. , (C) The expenditures authorized se~'e a paramount public purpose. (D) It is in the best interest oftbe Cotmty to issue such bonds as are necessary or desirable to finance projects payable as heretofore described. (E) The recitations of the preamble are hereby adopted as findings herein. SECTION II. Referendum Election Ordered. A rcfcrcmlum election be and is hereby ordered to be held in Collier County, Florida, on November 5, 2002, to determine whelher or not the levy o£an additional ad valorem tax and issuance of limited tax general obligation bonds for the afore said purposes shall be approved by the electors of the County. SECTION II!. Voting. The polls will be open at the voting places on the date of such election from 7:00 a.m. to 7:00 p.m. on the same day. All qualified electors residing within the County shall be entitled and permitted to vote at such an election as hereinafter provided. The referendum election shall be held and conducted in the place or places prescribed by law for general elections in the County. The referendum election shall be held and conducted in the manner prescribed by law for holding general elections in the County, and the County Manager and Supervis~ of [klO~Egk~'g'Mi/~ JUN 1122002 Pg. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 directed to take all necessary measures to conduct the election in all manner required by law. The returns shall be properly canvassed by a county canvassing board to be comprised of a County Court Judge, one member of the Board of Cotmty Commissioners and the Supervisor of Elections (collectively, the "Canvassing Board") and all procedures and requirements of state law and other applicable law shall be complied wilh for the purpose of conducting the computation of ballots and completion of election procedures. SECTION IV. Ballots. The ballots to be used in the referendum election shall be on plain white paper, or otherwise pem~itted electronic format, with a written description of the proposed issuance of the bonds and levy of the tax, and which will provide fimilities for qualified electors to vote for or against the issuance of the Bonds paid for by the levy of the tax as they may choose. Voting equipment shall be used at such referendum election or the Supervisor of Elections deems such other means as appropriate and permitted by law. The question appearing on the ballots to be used in the referendnm election shall be in substantially the following form: 17 18 19 2O 21 23 24 25 26 27 28 29 3O 3t 32 33 34 35 36 37 38 39 40 41 42 BALLOT CONSERVATION COLLIER: ACQUISITION AND MANAGEMENT OF ENVIRONMENTALLY SENSITIVE, \VATER RESOURCE LANDS, AND PUBLIC OPEN SPACE SItALL COLLIER COUNTY BE AUTHORIZED TO ACQUIRE, PRESERVE AND MANAGE ENVIRONMENTALLY SENSITIVE LANDS FOR TIlE PROTECTION OF WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN SPACE BY ISSUING BONDS UP TO SEVENTY-FIVE MILLION DOLLARS PAYABLE FROM AD VALOREM TAXES NOT EXCEEDING ONE QUARTER OF ONE MILL FOR A PERIOD OF TEN (10) YEARS, AND BEARING INTEREST AT A RATE NOT EXCEEDING THE MAXIMUM LEGAL RATE? YES (FOR BONDS) NO (AGAINST BONDS). SECTION V. Absentee Voting. Adequate provisiou shall be made for absentee voting. Ballots shall be used suitable for absentee voting at the election. The form of ballots to be used in the election for absentee voters shall be in substantially the form set oul above and in accordance with th'e Florida Election Code. SECTION Vi. Results of Election: ' DA TE''7----' Retun ofthe votes cast at the election shall be made to and canvassed by the! AGF_.IqD,A,~F-I~ ~s / NO, ~ Canvassing Board and the Cahvassing Board shall declare the results and certify the tme tojtl~e~ 1 I 20132 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '93 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 County Manager to be recorded iu Iht minutes of the County. l fa majorily of the votes cast at such election itl respect to Ihe levy of the tax and issuance of the bonds shall be "YES" (For Bonds), such bond issuance shall be approved, and bonds shall be issued by the County pursuant to the terms and provisions of applicable law, ordinances, or resolutions. Regardless of the results of the election, the Supervisor of Elections is hereby directed to submit such results to the Department of State pursuant to Section 100.35 I, Florida Slatutes. SECTION VII. Publicalion of Resolution and Notice. At least 30 days' notice of the election shall be published in the Naples Daily News, or any other newspaper of general circulation within the County, at least twice, once in the fifth week and once in tile third week prior to the week in which the election is held, in the manner provided in Section 100.342, Florida Statutes· The notice of election shall be in substantially the following form: NOTICE OF TAX AND BOND REFERENDUM COUNTY OF COLLIER, FLORIDA, ON NOVEMBER 5, 2002 NOTICE IS HEREBY GIVEN THAT A COUNTY OF COLLIER, FLORIDA, TAX AND BOND REFERENDUM will be held on the 5t~ day of November, 2002, in the County of Collier, Florida, for the purpose of delemlining wbelher or not an additional ad valorem tax not exceeding V~ mill shall be levied annually for ten (10) years and limited tax general obligalion bonds of tile County issued in one or more series, payable there from shall be issued in the aggregate principal amount of not exceeding $75,000,000, bearing interest, payable at such interest rate or rates not exceeding tile maximum rate pemfitted by law and redeemable as shall be determined at or before the time of sale, thereof, maturing over a period of not to exceed ten years from the date of the bonds, to finance acquisition and management of environmentally sensitive lands for protection of water resources, wildlife habitat and public open space and purposes incidental thereto. The polls will be open at the voting places on the date of referendum election at 7:00 a.m. to 7:00 p.m. on the same day, all as provided in Resolution No. ~ adopted by the Board of County Commissioners which is a matter of public of Collier, Florida on ., record. All qualified electors residing xvithin the County of Collier shall be entitled, qualified and pemfitted to vote at such election. Tile County of Collier, Florida James N. Coletta, Chairman Board of County Commissioners SECTION VIII. Oversiebt Committee. In order to implement a program to select and prioritize acquisitions and finance negotiations, acquisition, protection, restoration, access and management costs, the Board of County Commissioners shall create a citizens oversight committee to conduct an. of all acquisitions under consideration and to make recommendations to the Boar, oversigbt committee shall consist of nine members who shall be selected to provi real estate and land managen~ent expertise, as well as represent environmental, agricultural, and business interests. The members of this committee should include representatives from different areas o f Collier Connty. SECTION IX. Policies and Procedures. 6 The oversight committee shall recommend a willing participant land acquisition program 7 with policies, procedures, standards and criteria for the purchase and management of 8 environmentally sensitive lands for the protection of water resources, wildlife habitat, and public 9 open space in perpetuity. Perpetual management will be achieved through dedication ora 10 portion of tax receipts to a management lmst fired that will be designed to provide sufficient 11 funds that may be invesled, the earnings from which should be sufficient to provide for the 12 ongoing management for the lands acquired. Each acquisition must be designed to serve a public 13 purpose for the restoration, conservation or preservation of environmentally sensitive public 14 open space, wildlife habitat and water resource protection land, and for providing public use 15 opportunities. The program shall be designed to achieve maximum impact by partnering with 16 other entities through award or acceptance of grants, joint projects and other cooperative efforts. 17 Ftmds raised through the program shall also be used to apply for matching grants awarded under 18 the Florida Forever Program set forth in Chapter 99-247, Laws of Florida, and any amendments 19 thereto and any other appropriate state, district or federal funding program, to maximize the use 20 21 22 23 24 25 26 2'7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 of public monies to benefit Collier County. SECTION X. Acquisition Goals. The goals of the program are to acquire, protect and manage environmentally sensitive lands which contain rare, unique or endangered upland and wetland areas lot the benefits of public open space, biodiversity, listed species habitat protection, water resources for natural systems and water supply, buffering or connection of existing conservation lands, restoration of critical resources, and appropriate access to Iow impact, resource based outdoor recreation and educational opportunities. All program lands will be adequately and appropriately managed to achieve the stated goals of the program. Additionally, every effort will be made to partner with other ftmding agencies to maximize thc program's benefits to the citizens of the County. SECTION XI. Acquisition Priorities The priorities for land acquisition of the program are reflected in the criteria identified for selection and ranking of specific acquisition projects. A property must exhibit at least two of the initial screening criteria to be considered for acquisition under the program. These are as follows: INITIAL SCREENING CRITERIA; I. Land with the most rare, unique or endangered habitats fonnd in Collier County, in order of preference: 1). Tropical hardwood hammocks, 2). Xeric oak scrub, 3). Coastal strand, 4). Native beach, 5). Xeric pine, 6). Riverine oak, 7). Hig~ marsh (saline), 8). Tidal freshwmcr marsh, 9). Other native habitats. A,C~ENDA JUN 1 1 2002 1 2 3 4 5 6 7 $ 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 2. Lands offering the best Immau social values, such as those that include equitable geographic distribution, appropriate public access for passive recreational, educational and compatible uses, and enhancement of the aesthetic setting of Collier County. 3. Land that protects thc most water resource values, including aquifer recharge, surface water quality, wetland dependant species habitat, and flood control. 4. Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. 5. Land that enhances aud/or protects the environmental value of existing conservation lands through flmction as a buffer, ecological link, or habitat corridor. 6. Any qualified land that meets at least two of the above criteria, and bas matching fimds available, and/or which program fimds' availability would leverage a significantly higher funding rank in another acquisition program. Without such funding circumstances, program funds shall not be available for projects within other agencies' acquisition boundaries. SECONDARY RANKING CRITERIA: Those proposed acquisition parcels which are qualified under the Initial Screening Criteria shall be evaluated and ranked by the County staff and the citizens oversight committee based on site visit iuformation (which confirms or refutes tile screening criteria evaluation), and based on comparative size (larger of similar parcels is preferable), vulnerability to destn~ction (most tbrealened of qualified parcels is preferable), overall resource quality (to prefer highest quality), and thc estimated feasibility and costs of management (most manageable parcels are preferable). SECTION Xll. Public Access Tile program will acquire and manage environmentally sensitive lands with the primary objectives of maintaining and preserving their natural resource values, and providing appropriate resource based recreational and educational opporlunities, by employing management techniques that are most appropriate for each parcel acquired so that our natural heritage may be preserved and appreciated by and for present and future generations. Examples of permitted uses, subject lo compatibility with specific parcels, include: hiking, nature photography, birdwatching, kayaking, canoeing, swimming, hunting and fishing. The program will also make the acquired sites available, with minimal risk to thc environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities. 44 45 46 47 48 SECTION XllI. Effective__~Date. Tiffs Resolution shall go into effect immediately upon its passage and adoption. AGENDA ITEM ,,, JUN 1 1 2002 Pg. 5 6 7 8 9 10 11 12 13 14 15 16 17 DONE AND ORDEREi) IN OPEN MEETING. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COUNTY OF COLLIER, FLORIDA By: James N. Coletta, Chairman Approved as to Form and Legal Sufficiency: ~cqulJline HubbmTd Robinson ~0ssistant County Attorney AGE..~'DA IT'"r.J~ ,o. JUN 11 2002 EXECUTIVE SUMMARY, AMENDMENT TO AN EXISTING AFFORDABLE HOUSING DENSITY BONUS AGREEMENT FOR SADDLEBROOK VILLAGE PUD. OB~IECTIVE: This is an amendment to an existing Affordable Housing Density Bonus Agreement to reflect the new owner of the property while in the process of making development significantly more affordable. No additional density or other zoning changes will be granted through this amendment. CONSIDERATION: 1991: The Saddlebrook Village PUD was created and approved by the Board of County Commissioners on June 25, 1991. It was created as a 438-unit multi-family rental affordable housing development of which 132 units (30% of the over-all units) were to be affordable to households earning less than 80% of the county's median income (moderate income). The remaining 306 units (70%) had unrestricted market rents. The gross density on this PUD is 13 units per acre of which 6 relate to the affordable housing density bonus program and a base density of 7. 1997: On December 9, 1997 the PUD was amended and split into 2 phases. The Affordable Housing Density Bonus Agreement was also amended to reflect the phasing and make the project more affordable as a whole. The agreement now provides for 202 of the 438 units (46% of the over-all units) to be affordable to households earning less than 60% of the county's median income (low income). In addition 88 (20%) of these units will serve households earning less than 50% of the county's median income (very-low income). 2002: Phase I has been completed containing 140 units of which 80% serve low-income households and 20% serve very-low income households. The property is now under new ownership and the owner wishes to amend Housing Density Bonus Agreement to reflect his ownership and commi The phase Il portion of the 1997 agreement called for 298 units with 62 affordable units at veryqow income and 2 affordable units at low income. The remaining 2! 6 unit~,t~ltI~. be at unrestricted market rents. he ~-clal~l~002 238 units in ~,a. phase II of the project (80% of the over-ali units in that phase) to be affordable. Furthermore, 176 of the units will be at the low income level, 54 of the units at very-low income, and 8 of the units at very-very low income (35% of median county income). The remaining 60 units will be at unrestricted market rents. SUMMARY: Number / Number / Number / Number / Number / Percentage of Percentage of Percentage of Percentage of Percentage of Affordable Moderate Low Very-Low Very-Very Low Year_ Unit~_ Income Units Income Units IncomeUnit~ Income Units 1991- 132/30% 132 / 30% 010% 0/0% 010% 1997- 202 / 46% 0/0% 114/26% 88 / 20% 010% 2002- 378 / 87% 0/0% 288 / 66% 82/19% 8/2% Number t Percentage of Unrestricted .Units 306 / 70% 236 / 54% 6O / 13% Total number of units and gross project density have remained constant at 438 units and 13 units / acre. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously (9-0) to approve this amendment on May 13, 2002. FISCAL IMPACT: This amendment will have no fiscal impact. GROWTH MANAGEMENT IMPACT: This amendment will serve to increase the supply of affordable housing in Collier County and further the goals of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve this amendment to the Saddlebrook Village PUD Affordable Housing Density Bonus Agreement. SUBMITTED BY: Cio=ac J. Giblin, Man~g]er ~..~ ~Nent/)~°~Impr°vement Denton H. Baker, Interim Director Date: 5--~ z-- ,' ~. REVIEWED BY: Department of Housing and Urban Improvement / fl"osel~h K. S~/ff~mitt, Administ¢~tor /(. / V Community Development and Enviromnental Services Divisio AGENDA ITEM JUN 1 1 2002 AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the __ day of ,2002, by and between Creative Choice Homes XIV, Ltd. (The "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Padies." RECITALS: A. The Develope~' has under purchase contract a tract of real property described as (complete legal description) Please see attached legal description, Appendix D Collier County, Florida (The "Property") The legal and equitable owners include 1-75 Exit 15 Land Trust. It is the Developer's intent to construct a maximum of 298 residential units (the "Units") at a density of 14.9 units per gross acre on the Property. The gross acreage of Property is 20+/- acres. The number of affordable Units constructed by Developer shall be 238, representing 80 % (percent) of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as Land Development Code (LDC) § 2.7.7., et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the stdct limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 158 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of 7.9 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as fellows: 1. Recitals. The above Recitals are true and correct and are incorpor~ herein by reference. 2. Developer Agreements. The Developer hereby agrees that it JUN 1 i 2002 ~all Pk. Page 1 of 23 construct 238 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibits A, B, and C, and Appendices B & C, which Appendices are incorporated by reference herein and constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a cleady defined series of starts and finishes that are separate and distinct within the development. (2) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very Iow income), and 60 percent (for Iow income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a Iow income or very Iow income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an 3stablished median income as aforesaid, the Parties hereto shall mutuall agree to another reasonable and comparable method of computing adjustments median income. AGENDA ITEM JUN I I Z£ Page 2 of 23 (4) Eligibility and Qualification of Tenant. Family income eligibility is a three-step process: 1) submittal of an application by a prospective tenant; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (Iow or very Iow income) in accordance with this Section. The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All .applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Department. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential tenant shall apply to the Developer, owner, manager, or agent to qualify as a Iow or very Iow income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.7.7.5.2., as amended, as a Iow or very Iow income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to vedfy all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, tenant verirm, ation of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of !h,e.! period, the information may be verbally updated from the odginal sources additional 30 days, provided it has been documented by the person prepari original verification. After this time, a new verification form must be complete¢ Page 3 of 23 'g thj~JN 1 1 200;[ The ~, ° !~,. - Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential tenant (including the entire household) prior to rental and occupancy of the affordable housing unit by the tenant. Income certification shall assure that the potential occupant has the appropriate household income which qualifies the potential occupant as an eligibl~ family to rent and occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form is attached as Appendix B, Exhibit C, and is incorporated by reference herein. (e) following: Rental Agreement. At a minimum, the rental agreement shall include the (i) name, address, and telephone number of the head of household and all other occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. The Parties agree that random inspections of the Developer's or their agents' files containing required documentation to vedfy occupancy in accordance with this Agreement and LDC § 2.7.7., may be conducted by the Housing and Urban Improvement Depadment upon reasonable notice being provided. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Department, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. If tenant ,,ac:~tion c,f the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the lease agreement between Developer and tenant. Page 4 of 23 JUN 1 1 2002 (6) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.7.7., or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Department. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (7) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 7_ units per acre, and is therefore granted a density bonus of 6 density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 7._9_9 density bonus units, pursuant to LDC § 2.7.7.. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 298 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.7.7., to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided u~-,der the affordable ;lousing density bonus program except ~s specifically permitted by the terms of this Agreement; or to knowingly give false misleading information with respect to any information required or requested by Housing and Urban Improvement Department or by any other persons pursuant to JUN 1 I 2002 '16 Page 5 of 23 authority which is delegated to them by LDC § 2.7.7.. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.7.7., that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.7.7, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.7.7., as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such podion shall be deemed' a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the parties. 8. Notice f r~ ' 'rices desired or required to be given under this Agreement shall be in writ;,,, and sh~ll e. ith~., be p~,'.~onally deli'~er~d or s~'al! .be sent by mail, postage prepaid, to the parties at the following addresses: To the Commission: Housing & Urban Improvement Dept. 2800 North Horseshoe Drive Naples, Florida $4104 Page 6 of 23 .kGENDA ITEM JUN 1 1 2002 To the Developer: Creative Choice Homes XIV, Ltd. 4243-D Northlake Blvd. Palm Beach Gardens, FL :33410 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Housing and Urban Improvement Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon lheir respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing unit design?ted in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate Upon a date mutually agreed upon by the Parties and stated in wdting. 15. Modification. This Agreement can only be modified or amended by ~e written agreement of the Parties. 16. Discrimination. Page 7 of 23 ,,kGENOA ITEM JUN 1 1 2002 a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in.a non- discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 8_.Q0 percent affordable housing units for this project, with 80 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable he,tsing units. 19. Consistency. This Agreemem ~-nd authorized development shall be consistent with the Growth Management Plan and land development regulations of~ Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that Page 8 of 23 AGF. NIDA ITEM JUN 1 1 200Z - pj.__.LC) they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James N. Coletta, Jr., Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney AGENDA ITEM JUN I 1 2002 Page 9 of 23 DEVELOPER: Creative Choice Homes XlV, Ltd. By: John~. Weir, V.P. of Creative Choice Homes XIV, Inc., its General Partner Wit,~esses: !PeT AND SIGI~MES / , WT~//~name VVTS. 2-Printed name STATE OF FLORIDA ) COUNTY OF COLLIER ) BELOW) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by John F. Weir, V.P. of Creative Choice Homes XlV, Inc., the General Partner for Creative Choice Homes XlV, Ltd. 2002. WITNESS my hand and official seal this ~-_~ay o' My Commission Expires: Notary Public A C~{NO A ITEM JUN 1 1 2002 Page 10 of 23 APPENDIX A, EXItlBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% 511) Efficiency 1 Bedroom 35 $660 2 Bedroom 99 $786 42 $886 3 Bedroom ,_ - 4 Bedroom TOTAL 176 VERY LOVq INCOME (50% M1) Efficiency 1 Bedroom 13 $538 2 Bedroom 31 $640 3 Bedroom 10 $717 4 Bedroom TOTAL 54 VERY-VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 2 $355 2 Bedroom 4 $420 3 Bedroom 2 $463 4 Bedroom TOTAL (1) Base residential density allowed in this development 7_ units/acre. (2) Gross acreage 20+:. (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC § 2.7.7.3., is 7.._~9 units/acres. (4) Gross residential density of this development (includivg affordable housing density bonus units) 14.9 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 80 %. Page 11 of 23 ,~,E.N~ A ITEM JUN 1 I 2002 APPENDIX A, EXItlBIT B AFFORDABLE ItOUSING DENSITY BONUS RATING SYSTEM LDC § 2.7.7.3, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. ~Tafr. NO A ITD, t JUN 1 1 2002 Page 12 of 23 APPENDIX A, EXHIBIT B AFFORDABLE ItOUSING DENSITY BONUS RATING SYSTEM Please calculate 3'our density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) LOW (OWNER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMILY) 0 I* 1' 2 3 4 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING DENSITY BONUS RATING % OF AFFORDABLE HOUSING UNITS 10% 20% 30% 40% 1 0 0 I 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 JUN I 1 2002 -15 Page 13 of 23 APPENDIX A, EXIIIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the median income and very Iow income is less than 50% of the median income. $65,000 MEDIAN INCOME 2001 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME 1 BEDROOM 2 BEDROOM 3 BEDROOM 4 BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE IiOUSING UNI'I Date Occupancy Desired: __ Date of Application: Amt. Of Sec. Deposi~ Page 14 of 23 AGENDA I'W~M JUN 1 1 2002 Your Name: Co-Tenant Name Present Address: Race/National Origin: Handicap: Yes __ No Race/National Origin: Handicap: Yes __ No Street City State Zip Telephone No. Name of Landlord Landlord's Address: How Long at this Address: Street City State Zip Telephone No. lfyou have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone N9. APPLICANT: Present Employers Name Address and Telephone 'No. How long with Present Employer: Title Gross Salary: Hourly $ Social Security Number Previous Employers Name Weekly $ Job Every 2 Weeks $ Monthly $__ Birth Date --- Address and Telephone No. How long with Previous Employer CO-TENANT: Present Employers Name Job Title Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ .. Weekly $ . Every 2 Weeks $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer. Job Title 1NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AG[; Monthly $ ,. SOCIAL SECURITY PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: How Long Known: How Long Known: JUN 1 1 2002 Page 15 of 23 Page 16 of 23 AGENDA ITF_M JUN ! 1 200;) APPENDIX B, EXIIIBIT B AFFOP, I)ABLE I1OUShNG APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name:: Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for an apartment at Apartments. I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Tenant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unmnployment Workman's Compensation Welfare Food Stamps Social Security Social Security Disability Supplemental SSI Family Assistance Child Support Veterans Benefits Widows Benefits Union Pension Self-Employment Business, Silent Partner, etc. Private Insurance Pension $ $ S S S S S $ S S S S $ S $ $ $ $ $ $ $ $ $ $ $ S $ S S $ $ S $ $ $ $ $ $ $ TOTAL ANNUAL/aNCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILUR~ TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENAI' C x IN AFFORDABLE HOUSING UNIT. Page 17 of 23 AC.,EJ'~A ITEM JUN 1 I 2002 APPENDIX B, EXItlBIT C AFFORDABLE ItOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street I, (Applicant) on this certification form. City State Zip , hereby authorize the release of information requested STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this __ day of Signature of Applicant .,2002. My Commission Expires: Notary Public EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly):__ Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly Annually STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of Supervisor ,2002. My Commission Expires: Notary Public THE CERTIFICATION HEP~ REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RE'r'dRN FC, EACH OCCUPANT WHO HAS FILED AND WILL OCC! ~Y TFIF AFFORDABLE L%t ~. ,~7_.~0~, I'rE~ JUN11 2002 Page 18 of 23 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE ItOUSING DENSITY BONUS Pursuant to LDC § 2.7.7.2.4, please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; Existing Zoning to be maintained as established in the Saddlebrook PUD. 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? Yes X No If yes, state date of application N/A. and if the request has been approved, state the Ordinance number N/A. 3. Gross density of the proposed development. 14.9 units/acre. Gross acreage of the proposed development. 20 +/- acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? Yes X No. If yes, please state name and location of the PUD and any other identi~ing information. 5. Name of applicant Creative Choice Homes XIV, Ltd. Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed'development. 2002 Page 19 of 23 TABLE I Type of Unit Rental Efficiency One Bedroom 70 Two Bedroom 168 Three Bedroom 60 Other Bedroom TOTAL 298 Total Number of Units in Development Owner Occupied TABLE II Number of Affordable Housing Units Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Owner Owner Rental Occupied Rental Occupied 35 15 99 45 42 40 MODERATE INCOME Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 176 100 Total Number of Proposed Use for Affordable Units Density Bonus in Development Rental Owner ~ental Owner Occupied Occupied VERY LOW INCOME (50% MI) Efficiency Page 20 of 23 AGENDA ITEM i 2002 1 Bedroom 2 Bedroom 3 Bedroom 13 31 10 54 13 31 6 5O Other TOTAL Total Number of Proposed Use for Affordable Units in Development Density Bonus Units Rental Owner Rental Occupied. Owner Occupied VERY-VERY LO~,V INCOME (35% MI) Efficiency I Bedroom 2 2 4 2 Bedroom 4 3 Bedroom 2 2 Other TOTAL 8 8 Please provide a physical description of the affordable units by type of unit (moderate, low, very low, or very-very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. The development will consist of 298 one-, two-, and three-bedroom units and related community amenities. The per unit square footages for these units are as follows: one-bedroom, 655 square feet; two-bedroom, 909 square feet; and three-bedroom, 1,098 square feet. All units will contain single-sheet vinyl in kitchens and baths and carpet in all other locations within the units and vertical blinds on all windows. Units will contain an appliance package with HVAC (12 SEER energy-efficiency rating), ceiling fans in all bedrooms and living areas, garbage disposals, range with range hood, refrigerator, dishwasher, microwave oven, washer/dryer connections, and fully equipped bathrooms with ceiling exhaust fans. Community amenities consist of a clubhouse and community center (with an exercise facility, meeting space, business center and library) swimming pool, exterior recreation area (volleyball & playground) and car care area. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. I~Io.._~ (~ ~ 1- JUN 1 I 2002 - n. 3 _ Page 21 of 23 EXItlBIT D. Page 22 of 23 JUN 1 1 200Z SADDLEBROOK VILt. AGE PHASE TWO Page 23 of 23 L Ac, rr.J'O A ITEN. JUN 1 1 2002 ~._ 2~ EXECUTIVE SUMMARY APPROVE THE RELEASE OF CODE ENFORCEMENT BOARD LIEN DOCUMENTS ESTABLISHED IN COLLIER COUNTY, FLORIDA V. BRUCE G. WOOD/BRUCE G. WOOD TR. OBJECTIVE: Approve the Release of Lien documents filed against real property for Code Enforcement Board fines and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION= On August 26, 1999, the Code Enforcement Board found the Respondent in violation of the repeated unlawful use of the subject property located at 5900 Houchin Street. For the period of January 1, 1998 through December 31, 1998, the Respondent was fined $100 per day plus prosecution cost. The Respondent was ordered to correct the violation by September 22, 1999, or, pay an additional $100 per day beginning January 1, 1999, until the violation was corrected. Having complied with the Code Board's Order by September 15, 1999, a request for reduction of fines was granted on September 23, 1999 to $19,655. On March 27 2002, the outstanding fines were paid in full. FISCAL IMPACT: Recording the Release of Liens is approximately $6.00 and will be charged to MSTD General Fund (111)- Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management associated with these items. impact the Board of County Commissioners authorize the RECOMMENDATION: That Chairman to execute the attached Release of Lien documents filed against real property as described therein and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Prepared by: Michelle Arnold, Director " Code Enforcement Department Date: '//J~seph K. ,S/chmitt, DiVision Administrator (~ommunity Development & EnvirJnmental Services E~!en '.'. C~.~.C,w~il, , ~'f~ce cf the Coon%y ~..;,.': F~st 'F~ia.~i Trail ,...;'c:, F',v,'i6~ 34112 RELEASE OF LIEN This is to certify that the lien arising out of the Order for Reduction in Fine dated July 28, 2000, and recorded in O.R. Book 2704 Page 779, 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 Bruce G. Wood, individually and as Trustee, is hereby released in consideration of the sum of Nineteen Thousand Six Hundred Fifty Five Dollars and 00/100 ($19,655.00): The South 300' of the North 555.68' of the East I/2 of the West 1/2 of the Northeast IA of the Southwest %, Section 11, Township 49 South, Range 25 East, Collier County, Florida Folio No. 36442640005 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 Bruce G. Wood, individually and as trustee, and consents to this lien being discharged of record. Dated this day of May, 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form Anddegal sufficien~cy: '-~Ellen T. Chadwell Assistant County Attorney EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SATURNIA LAKES PLAT TWO" , AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Saturnia Lakes Plat Two", a subdivision of lands located in Section 28 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. , CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Saturnia Lakes Plat Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. This Executive Summary has been reviewed by Roy Anderson of the Public Works Utilities Division and by Ed Kant of the Transportation Services Division. Engineering Review Section recommends that the "Saturnia Lakes Plat Two" be approved for recording. final plat of FISCAL IMPACT: The project cost is $542,703.05 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $236,034.00 - $306,669.05 The Security amount, equal to 110% of the project cost, is $596,973.36 JUN 1 1 2002 - I Executive Summary Saturnia Lakes Plat Two Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $10,714.57 Fees are based on a construction estimate of $542,703.05 and were paid in February, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 719.20 b) c) Paving, Grading (1.3% const, est.) GROWTH M3%NAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1180.17 Drainage, Paving, Grading (.42% const, est.)- $1288.01 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3540.51 Drainage, - $3986.68 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no outstanding environmental There are no historical or archeologicai impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Saturnia Lakes Plat One" for recording with the following stipulations: Approve the amount of $596,973· 36 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the En¢!lneering Review Department · JUN Executive Summary Saturnia Lakes Plat Two Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: J--ohfi R. -H°ul~wo~%h~ Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: J~os,~ph K. S~'mitt, Administrator unity Development & Environmental Services JUN 1 1 2002 EXECUTIVE SUMMARY APPROVE THE RELEASE OF CODE ENFORCEMENT BOARD LIEN DOCUMENTS ESTABLISHED IN COLLIER COUNTY, FLORIDA V. WENDALL L. KRAMER, SALVATORE F. ANGILERI, AND SALVATORE C. GRECH OBJECTIVE: Approve the Release of Lien documents filed against real property for Code Enforcement Board fines and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: The Code Enforcement Board found subject property owners in violation for failure"to comply with development commitments. The respondents were given until November 23, 2001 to comply or fines would be imposed at a rate of $50 per day until compliance. On March 28, 2002, having complied with the Code Board's Order, a request for reduction of fines was granted from $6,078.06 to $928.06. On April 23, 2002, the outstanding fines were paid in full. FISCAL IMPACT: Recording the Release of Liens is approximately $6.00 and will be charged to MSTD General Fund (111)- Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: associated with these items. There is no Growth Management impact RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Release of Lien documents filed against real property as described therein and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Prepared by: Michelle Arnold, Director Code Enforcement Department Date: Approved by: /, ministrator ' JbsCph K. ScJ;fmitt, Diwslon A ~.oCnmunity Cevelopment & Environmental Services RELEASE OF LIEN This is to certify that the lien in favor of Collier County, Florida, arising out of the Order Imposing Fine/Lien dated August 31, 2001, and recorded in O.R. Book 2885, Page 1583, and the Order Reducing Fine dated April 4, 2002, and recorded in O.R. Book 3012 Page 258 I, 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 Wendall L. Kramer, Salvatore F. Angileri and Salvatore C. Grech is hereby released in consideration of the sum of Nine Hundred Twenty Eight Dollars and 06/100 ($928.06): GOLDEN GATE ESTATES, Unit No. 35, the North 406.59' of Tract 61, according to the Plat thereof as recorded in the Public Records of Collier County, Florida. Folio No. 38454000000 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 Wendall L. Kramer, Salvatore F. Angileri and Salvatore C. Grech, and consents to this lien being discharged of record. Dated this day of May, 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form Aja~l legal ~sufficien~cy:,. Ellen T. Chadwell Assistant County Attorney AGENDA ITEM JU? 1! 2002 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.810 "HIDEOUT FISHING LAKE", LOCATED IN SECTION 24 & 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY BRANTLEY BOULEVARD, HIDEOUT GOLF CLUB AND LAND ZONED AGRICULTURAL, ON THE WEST BY LAND ZONED ESTATES, ON THE EAST BY HIDEOUT GOLF CLUB, AND ON THE SOUTH BY LAND ZONED AGRICULTURAL. OBJECTIVE: To issue an excavation permit to Hideout Golf Club, Ltd for the project known as "Hideout Fishing lake" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 8.4 acres (+/-) to a depth of 20(+/-) feet. The resultant 160,356 (+/-) C.Y. of fill will be used off site. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required for the excavation permit application. The duration of the excavation will be less than one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $1390.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 540.00 $1390.00 TOTAL FEES A security in the amount of $25,000 must be posted prior to permit issuance. Road use (damage repair) fees will be computed at the time of permit issuance, but are estimated to be about $7,536. The fee will go to the Transportation Department. GROWTH MANAGEMENT IMPACT: The subject property is located in the Rural Agricultural area as shown on the FLUE map of the GMP. The Agricultural/Rural designation is subject to the 6/22/99 Final Order from the Governor and Cabinet. The Agricultural/Rural designation permits agricultural uses including excavation/earth mining; the Final Order does not prohibit agricultural uses or earth mining in the Agricultural/Rural designation. ENVIRONMENTAL ISSUES: JUlq I 1 2002 1'8._ I The Conditional Use for this parcel was reviewed by Environmental Staff. The review comments did not indicate any environmental issues. For that reason, the project was exempt from EAC review. HiSTORICAL/ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: This petition was exempt from EAC review. CCPC RECOMMENDATIONS: The Collier County Planning Commission reviewed CU-2001-AR-371 and by a unanimous vote recommended that the Board of Zoning Appeals approved the Conditional Use. PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.810 to Hideout Golf Club, Ltd. for the project known as "Hideout Fishing Lake" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mort. thru Fri., excluding holidays. 3. Dewatering is not allowed. 4. No blasting will be permitted unless a blasting permit is obtained. o The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. 7. No Excavation Permit shall be issued until all impact fees have been paid. o Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immeaiately stopped, and the Collier County Code Enforcement Director s~ "'- .... :~--~ ..... JUN 1 1 2002 2 - p~o 2,. 10. An exotic vegetation removal, monitoring, and maintenance plan for the site shall be submitted to Planning Services Section Staff for review and approval prior to commencement of any excavation. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new Conditional Use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3. Site Development Plan review and approval, of the Collier County.Land Development Code, Ordinance 91 - 102. PREPARED B~Y:/~ d./7'-- / ,,!// / tx,';' v"/// STAN CHRZAI~pWSKI, P.E. SENIOR ENGINEER DATE REVIEWED BY: / THOMAS E. KUCK, P.E. DATl~ ACTING PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: JOS~H K. s,C/I~MITT, ADMINISTRATOR DATE C~MUNITY DEV. AND ENVIRONMENTAL SVCS. 59.731 EX SUMMARY/SC/H/EAB Exec. Suture. 3 A~-ND A ITEM t JUN 1 I 2002 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting track traffic. Where residential areas fi'ont collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy track_ loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. ~ra~o-~waa / ~ EXHIBIT "B" Page One of Two 2002 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development Services Director. The ri~t of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation pen;nit shall be issued until receipt of a release fi.om the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two AGEIT. IDA ITE.I~ JUN I 1 2002 pg. ~ EXECUTIVE SUMMARY APPROVE THE RELEASE OF AN EASEMENT NO LONGER REQUIRED RECOGNIZING THE COUNTY HAS ALREADY RECEIVED AN EQUIVALENT PERMANENT EASEMENT SO AS TO ACCOMMODATE THE CONSTRUCTION OF RESIDENTIAL DWELLING UNITS ON PLATTED LOTS. ~ To release an easement which was only temporarily required and which has now been replaced by a permanent easement created by the subsequent dedication of a County Utility Easement (CUE) as part of the plat of Carlton Lakes Unit No. 3A, in order to accommodate the construction of residential dwelling units on platted lots 11 & 12 in Block E of the referenced plat. CONSIDERATION.'. The easement previously created by separate instrument was intended to be temporary in nature and now the need for the easement no longer exists due to the subsequent recording of a suitable CUE as part of the plat of Carlton Lakes Unit No. 3A. The only affected staff' department, the Public Utilities Division, has provided a written letter of "no objection" to the release of the subject easement. The release would be granted by the Board of County Commissioners, acting as Ex-Officio, the Board of the Collier Water-Sewer District FISCAL IMPACT: All costs for recording, etc. shall be paid by the applicant GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners: 1. approve the requested Release by authorizing the Chairman to execute the attached Release of Easement. 2. direct that the Release be recorded at the applicant's expense in the Public Records of Collier County, once approved by the County Attorney's SUBMITTED B . Date: Patrick G. White, Assistant County Attorney REVIEWED BY: ~/,.~L.2-~¢~ ~ate: /'/Susan Murray AICP, Interim-Directo¢ Planning Servicey ~rtment APPROVED BY: /~-~-_~_~ _-~~~ Date: ~/~/~'~'" /lgleph K. S~l~mitt, Admthistrator / ' (Community Development and Environmental Service., JUN I 1 2002 Prepared By. Garlick, Stetler and Peeples Name: Perry Peeples Address:5551 Ridgewood Dr., Suite 101, Naples, FL 34108 RELEASE OF EASEMENT THIS RELEASE OF EASEMENT is given and made this ~ day of ,2002 by the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, and as Ex-Officio, the governing body of the Collier County Water-Sewer District ("The Board of County Commissioners of Collier County, Florida"). WHEREAS NTC Development, Ltd., a Florida limited parmership granted a 30' wide Utility Easement to The Board of County Commissioners of Collier County, Florida by instrument dated February 10, 2000, and recorded in Official Record Book 2700, Page 2383, Public Records of Collier County, Florida; and WHEREAS, NTC Development, Ltd. subsequently platted the property and conveyed a Utility Easement ("CUE") to The Board of County Commissioners of Collier County, Florida by Plat of Carlton Lakes Unit No. 3A, dated September 15, 2000 and recorded in Plat Book 35, Page 15 of the Public Records of Collier County, Florida; and WHEREAS the original Utility Easement is wider than necessary and prevents the construction of homes on platted lots. NOW, THEREFORE, For good and valuable consideration, the receipt of which is hereby acknowledged, 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, does hereby abandon, release, terminate and discharge all that certain utility easement granted to the Board of County Commissioners of Collier County, Florida by NTC Development, Ltd., a Florida limited partnership in that certain Utility Easement dated February 10, 2000, and recorded in Official Record Book 2700, Page 2383, Public Records of Collier County, Florida, as depicted in attached Exhibit A. Provided, however, the Board of County Commissioners of Collier County, Florida does not release or terminate any of its easement rights created by the Plat of Carlton Lakes Unit No. 3A, recorded in Plat Book 35, Page 15, Public Records of Collier County, Florida. ATrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By:. Deputy Clerk ~pprovect ,as to form and Patrick G. White Assistant County Attorney JAMES N. COLETTA, CHAIRMAN JUN 1 1 2002 ~5/Z?/2002 03:3~ 4359882 PHS,INC OF NAPLES PAGE 03 t~oard of Co111¢r Counly Cornrni~/mn~s 2665130 Ok' 2700 PG: 2383 SEIILI! LrEIL r'I5' EASEMENT (Pelican Strand/Carlton Lakes Interconnect) THIS EASEMENT, granted this [c~*'~ tiny of ~. 2000. ~tw~en NTC DEYELOP,~EI~I', LTD.. a Florida limit~t partnership, as GRiNTOR, to ~e BOAtLD OF COUNTY CO,~JMISSIONF..tLS OF COLLIER COLrNTY, IrLORID&, AS TH.E GOVERNING BODY OF COLLIER COU'NTY, AiN'D AS ~C-OIrFICIO THE GOVERNING BOARD OF TI-~ COLLIER COLrNTY WATER-SEWER DISTRICT, its succ~ssor~ and azsigns, az GRANTEE. WITNESSETH: That the GILA NTOR, ~r and in consideration of the sum ofTEN ($10.00) DOLLA RS and other good and valuable ~'onsideration paid by the GKANTEE, r~ceipt of which is hereby acknowledged, hereby conveys, grants, bargains and s~lI$ unto the GRANTEE. its successors and assign, a perpetual, non-~xclusive easement, license, and privilege to ~nter upon and to imtall and maintain water and sewer utiliv! faciliti:s, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit 'A" which is [ncorporatt"d by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, toge~er with the tight to enter upon said land, excavate, and ~ materials for the purpose of co~ttucting, operating, and maintaining water and sewer utility faciliti~ thcr~n. GRANTOR ancl GRANTEE are used for singular or plural, as the context r~itdr~s. ~,,t~IDA rrr~a i b Pr"-/ JUN 1 1 2002 05/i7/2082 03:31 4359882 PMS, INC OF NAPLES PAGE 04 OR: 2700 PG; 2384 IN WITNESS WHEREOF, the GRANTOR ha~ caused these presents to be executed the day and year first above written. Signed, scaled and delivered in our presence: By: NTC DEVELOP1MENT, LTD,. a Florida limited pa.rtnership, (Corporate Seal) SW FLORIDA PARTNERS, INC., a Florida cot"poradon, as corporate general partner a~ President STATE OF FLORIDA COUNTY OF COLLIER Thcforegoing imtrumcnt wa~ swotm to and acknowledted I:zforc mc this /,-' ;~' day of ,2000, by Robert G. Claus~n, ~ President of SW Florida Parmers, Inc., as General Parm~ of NTC DEVELOPMENT, LTD., a Florida limit~l partnership, who is ~wn to ..~ or who ha~ prc, a. uc..~ as idcntificaiion. My Com_,I,~sion Expire,: -2- I n . . j / ~.u.,x~...'/ .~'--. i .-,'~' NOTARY PUl:ti.lC (SE. AL) JUN11 pS. Pi. 2002 9417322585 CC ENG PLAN ROON PAGE 62 COLLIER COUNTY GOVERNMENT PUBLIC UTILITII~,S DIVISION May 20, 2002 PMS, Inc. of Naples 2335 Tamiami Trail N. S~e 408 N~I~, FL ~103 8301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 782-2575 FAX: (941) 732-2526 Re: Release of Tcmporary Easement for Pelicm Strand/Carlton Lakes Interconnect Dear Ms. CastUlo: Tlais office has reviewed your request to release the above-referenced Temporary Easement. Thc Collier County Water-Scwcr District has a P, mmment Utility Easement in place; therefore, we have no objection to the release oft.he Temporary Utility Easement. Should you have any further questions, please fee~ free to contact me. Sincerely, Jacquelyn P,.. Johnson Engineering Technician cc: Paul Mm~ausch, Water Director Joseph Cheathal~ W~tcw~tet Director Rick Grigg, T_~ Surveyor, Community Development g:\et~eeting tech\easement-r.o.w, vacation\pelican sitar g-carlton lakes interconnect- 2ad r~ JUN 1 1 2002 EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT A DRAINAGE EASEMENT FOR THE LELY AREA STORMWATER IMPROVEMENT PROJECT AT A COST NOT TO EXCEED $1,900.00. OBJECTIVE: Approve an Easement Agreement for the acquisition of a Drainage Easement for the Lely Area Stormwater Improvement Project (I ASIP). CONSIDERATION: The Stormwater Management Section of the Transportation Department has been actively involved in the design and permitting of the LASIP for a number of years. When fully implemented, this project will provide reduced flooding potential in portions of East Naples and promote better water quality discharges into the estuaries near Rookery Bay. The conveyance of land in the East Naples area to Collier .County will keep the LASIP moving forward through the permitting phase and maintains compliance with the Growth Management Plan. In this regard, Facilities Management has reached an agreement with John C. Russell and Geraldine Russell to secure a 60-foot-wide drainage easement across their property located in the Lely Lakes area, as shown on the attached sketch. The purchase price of $1,500.00 was based upon an appraisal in the same amount prepared by the County's Review Appraiser. Staff is requesting that the requirement for an independent appraisal be waived pursuant to Florida Statute 125.355. The County's Pollution Control Department advises that the property is environmentally suitable for acquisition by the County for drainage purposes. The Easement Agreement and Drainage Easement documents have been reviewed and approved by the County Attorney's Office and Stormwater Management Section of the Transportation Division. FISCAL IMPACT: The total costs of acquisition should not exceed $1,900.00 ($1,500.00 for the Drainage Easement and $400.00 for a title commitment, title insurance policy, and cost of recording documents). The funds will be withdrawn from the 1981 Water Management ClP Fund (325), Lely Canal with Spreader and Structures Project (31101 ). GROWTH MANAGEMENT IMPACT: This acquisition is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Easement Agreement; 2. Authorize its Chairman to execute the Easement Agreement; JUN 11 2002 EXECUTIVE SUMMARY Easement - Lely Area Stormwater Improvement Project Page 2 3. Accept the Drainage Easement; 4. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; 5. Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Easement Agreement; and 6. Authorize staff to proceed with acquiring the Drainage Easement and to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTEDBY: :~'~¢."" /~'./ \ Joa, ff M. Smith, Prop,erty Acquisition Specialist "Ft~,ili~ies Management Department DATE: REVIEWED ~ DATE: Tor~ A. Mott?Property Acquisition Supervisor Facilities Management Department REVIEWED BY: ~/I ~-. f/~5 ~(~--~ DATE: Charles E. Carrington, Jr.,~SR/WA, Manager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: ~Skip Camp, Director Facilities Management Department DATE: REVIEWED BY: APPROVED BY: Robert C. Wiley,~;P.E., Principal Project Manager Stormwater Management Section /L~ L ~.4 ~_~',L. DATE: Norman E. Feder, AICP, Administrator Transportation Division AGENDA tTEI~ JUN 1 1 2002 PROJECT: Lely Area Stormwater Improvements PARCEL NO: 111-843 FOLIO NO.: 00442960009 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ,.~ day of ;3',,_.,~, , 200..~, by and between JOHN C. RUSSELL AND GERALDINE RUSSELL, husband and wife as an estate I:y the entireties, (hereinafter referred to as 'Owner"), whose mailing address is 189 Street, Naples, FL 34113-8554, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as 'Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for constructing, operating, and maintaining drainage and utility facilities, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the 'Easement'), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Easement to Purchaser for the sum of $1,500.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the property conveyed, including all landscaping, frees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the clate of Closing. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which el!her remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable Io Purchaser. Owner is aware and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the property and all uses of the property have been and presently are in compliance with all Federal, State and Local environmental laws; A~I~NDA ~TEM JUN 1 1 2002 Easement Agreement Page 2 10. 11. that no hazardous substances have been generated, stored, treated or transferred on the property except as specifically disclosed to the Pumhaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the property to be sold to the Pumhaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, slorage, treatment, spill or transfer of hazardous substances on the property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable parategal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Conveyance of the property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. If the Owner holds the property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. AGENt,~, ~TEM JUN 1 1 2002 Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ,-~ day of "~",~_.¢/_ ,200 Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: /-- .~,~- O ~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: JAMES N. COLETTA, CHAIRMAN AS TO OWNER: DATED: ./-.~_ ~,.Z---- ~e: ~_.'A?,~-~', ~/.~..._ess (Sig,nature) ~ss (Sign~tufej ame:~.~ FPrint ~r T~pe) ~itne~ (sig~'ature) Name~.~ ~Pri~ or ~ype) Witness~ture) Name: Approved ~s lo form legal sufficiency: ~s~istant Goun~ J;',l C. RUSSEEL- -- GERALDINE RUSSELL JUN 1 1 2002 Pg. ._~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION EXHIEg'E k NOT A SURVEY PROOECT ,.;-'//o x PARCEL ? '~"~$ FOLX0 P.O.C. W 114 CDR. PARCEL~,[~-843 SEC. 32, TWP. 50 S, TAX PARCEL 44 RGE 26 E..~ LEGAL DESCRIPTION THE SOUTHEASTERLY 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORID~q THENCE S 02'50'30' W ALONG THE WEST LINE OF SAID SECTION 32 206,2S FEET; THENCE N 59'57"~0" E 2392,44 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N 50'67'30' E 150.00 FEET; THENCE N 39'02'33' W 303.74 FEET; THENCE $ 5g'57'30" W 102.48 FEET, THENCE S 30'02'30' E 300.00 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1 ) P.O.C. '= POINT OF COMMENCEMENT 2) P.O,B. "POINT OF BEGINNING 3) SEC, · SECTION 4) TWP. =, TOWNSHIP 5) ROE. = RANGE 8) R/W ,,, RIGHT OF WAY ?l AIL DIETANCEB ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED BE.N.. OF A PROFESSIONAL LAND SURVEYOR P~ED BY: , EOR E Ri R,C.UO, D P.L.S. ;7 ...... COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 JUNE 14, 2000 GWT843 SHEET 1 OF 1 2002 PROJECT: Lely Area Stormwater Improvements PARCEL NO: 111-843 FOLIO NO.: 00442960009 I~red by: Ellen T. Chad~e11, Esquire Office of [he Count~ Att~'~e$ 3301Eas[ Tamtamt Trl$1 Niples, Florida 341~ (94t) 774~ DRAINAGE EASEMENT THIS EASEMENT, made and entered inlo this ._~ day of 200~,, by JOHN C. RUSSELL AND GERALDINE RUSSELL, husband and wife bs an estale by lhe entireties, whose mailing address is 189 6th Street, Naples, FL 34113- 8554, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parlies Io this instrument and their respective heirs, legal representatives, successors and assigns.) 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, a perpelual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easemenls, restrictions, and reservations of record. THIS IS HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to ' enter upon said land, place, excavale, and remove materials for the purpose of constructing, operating, and maintaining drainage and ~l.~ti_~es thereon. Grantor and Grantee are used for singular or plural, as the c~~~ires. The easement granted herein shall constitute easemenls running with Ihe land and shall burden the 1iNla~n~..d.e s crib e d above. WlTN~ WJ~EREOF, the Granlor has caused lhese presents to be executed e an d~rFa bove written. : -"~.,. [u ~,,s.,r~_( <::~hn C. Russell - (Print o~ Type) Witness (Signature) Name: ~._~. v-,~ (Print or Type) Address: 189 6th Street Naples, FL 34113-8554 JUN 11 20 2 Witness (.~nat.ur~ 0 . Name: (Print or Type) Witness {Signature) Name: (Print or Type) ! Geraldine Russell Address: 189 6th Street Naples, FL 34113-8554 STATE OF COUNTY OF C"©U. I ~ The foregoing Drainage Easement was acknowledged before me this ~ day of _~r.~' ~..~ ,.,:~..~). ,200~by John C. Russell, who is personally known to me or who has produced ~oq ~ 5%~r~as identification. (affix notarial seal) ~ ~, ~ ~' (Signature of ~ta~ P~c) ,~ ....... ~ 3, ~erge~ ".*.~;;~*' (Print Name of Notaq Public) NOTARY PUBLIC Serial/Commission ~: '~~qGq . My Commission Expires: STATE OF I-- COUNTYOF 0_¢,~( I~-_ ~.. The foregoing Drainage Easement was acknowledged before me this ~ day of ~ ~c,~~ ,200~y Geraldine Russell, who is personally known to me or who has produc~ ~,~WL,~9.' ~ ~O as identification. (affix notarial seal) ~-~ ~ ~ ", ~n~ ) Yerge~ ~ ~, ~& ~5 (Print Name of NotaW Public) ~ ~,~ NOTARY PUBLIC SeriaFCommission ~:~ My Commission Expires: PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8 i 92 SKETCH OF DESCRIPTION EXHIBIT. NOT A SURVEY PROOECT PARCEL FOLXO P.O.C. W 1/4 COR. SEC. 32, I'WP. 50 S, PARCEL]J~-843 TAX PARCEL 44 RGE 26 E..,~. ~: o -P.O.B. LEGAL DESCRIPTION THE SOUTHEASTERLY 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 32, TOWNSHIP §0 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02'50'30' W ALONG THE WEST LINE OF SAID SECTION 32 206.21) FEET; THENCE N 59'57'30" E 2392,44 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N 69'67'30' E 150.00 FEET; THENCE N 39'02'33" W 303.74 FEET; THENCE S 50'57'30" W 102.48 FEET, THENCE S 30'02'30" E 300.00 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. - POINT OF BEGINNING 3) SEC. -, SECTION 4) '1"~. ,- TO~ISHIP 5) RQE. - RANGE 6) ~ = RIGHT OF WAY 7) ALL DISTANCE8 ARE IN FEET AND DECIMAL8 THEREOF JI~"'~3T VALID UNLE88 61QNED AND SEALED WITH THE 88ED 8EAL OF A PROFEBBIONAL LAND SURVEYOR .... ~1 ,v r..~l=,..,~.~ u'r laC~.L~ OA~ I I NOT TO sCALE JUNE 14, 2000 PREPARED BY: ..... ~,GEORGE R. RICHMOND P.L.S. 2408 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 GWT843 SHEET I OF 1 JUN 11 2002 Collier, FL ,200t-2002 - 00445480007, Sheet: 2 of EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 2 FOR $225,815.89 WITH FLORIDA STATE UNDERGROUND, INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR THE RADIO ROAD/DAVIS BOULEVARD INTERSECTION REALIGNMENT, PROJECT NO. 65031 OBJECTIVE: That the Board of County Commissioners approve Change Order No. 2 for additional construction services for the Radio Road/Davis Boulevard Intersection Realignment. CONSIDERATIONS: On September 11, 2001, the Board of County Conunissioners awarded a construction contract to Florida State Underground, Inc. for the Radio Road/Davis Boulevard Intersection Realignment. Additional work is required, as described in the attached Change Order No. 2, amounting to a total additional cost of $225,815.89. This additional work is to build a dry detention area to receive storm water from the Project. A lake was originally to have been built for this drainage by an adjacent developer, but did not materialize. Developer's Contribution Agreement to build the lake was terminated by Board action on March 12, 2002, Agenda Item 16B8, due to his inability to perform and having no assets. Road impact fee credits for the lake construction were not paid. The Board approved a budget amendment for funding of this change order on April 23, 2002, Agenda item 16B4. FISCAL IMPACT: Funds in the amount of $225,815.89 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 Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Change Order No. 2 in the additional amount of $225,815.89 and authorize the Administrator of Transportation to execute the Change Order. AGENDA ITEM 1 1 002 '~/Lynn'R. Thorpe, P.E., Pnncipal Project Manager REVIEWED BY:// ~_~../L~ [Ly~ R.Y'Thorpe, P.E., Principal Project Manager APPROVED BY: Steve Ca'mell, Di~:ectot Purchasirff,/Genera! Services APPROVED BY: No~ Peaer, Ad~fnistrator Tr~onation Division ! Attachments: Change Order No. 2 Date: Date Date AGENDA ITEM Nc. IU JUN 1 I 2002 Pg. z '-n © Z rtl © c c~ o~ · 'm:~ ~ A C-tFF ;*,i~A I.~...M No, l/t,D JUN 11 2002 Proposal FLORIDA STATE UNDERGROUND, INC. MRWE. MAM FL PROJECT MANAGER SUBMITTED TO COLUER COUNTY GOVERNMENT Division 4540 Domestic Avenue Naples, Florida 34104 (941) 643-6449 Fax (941) 643-6891 2~9-7744370 FAX STREET 2675 S. Horseshoe Ddve, Suite 401 ________ CITY, STATE, and ZIP CODE NAPLES, FL 34112 ENGINEER PHONE DATE 239-659-5794 JOB NAME Radio Road at Davis Boulevard JOB LOCATION Intersection Improvements Contract DATE OF PLANS Page 1 of 2 3/28/02_._____ JOB PHONE We hereby submit specificalmns and ~ f°~- Dry Detention Area (REVISED) Per Attached List WE PROPOSE hereby to furnish material and labor - complete in accordance with above specifications, for the sum of Two Hundred Twenty Five Thousand Eight Hundred Fifteen AND 89/100 -Dollars ($225,815.89). Per Contract ,,..n~ ~ to sm.dad ~ AW ~ ~ da~e~ ~x. ~ Signature ,,=.ar,,=~,a~ ~ ...... Ken ~11, ~im~or ~,~m~~~. ~m~,~~ N~e: ~is propel may ~d~ by us if not a~t~ ~ ~. ~ ~ ~ ~ ~r~ ~ W~n's ~ ~in 10 .days. ACCEPTANCE OF PROPOSAL - ~h, ~ p~, ~ Date of Acceptance: Signature Signature AGE,~';~, ~TEM JU~ I I 2002 ~45-18C Florida State Underground, Inc, 4540 Domestic Avenue Naples, Florida 34104 941-643-6449 RADIO RD ~ DAVIS BLVD DRY DETENTION AREA Item [ Description TITLE Page 2 Quant~Jl U/MIBidUnit TotaIBid 1 SURVEY 1 LS 4672.50 4672.50 2 SILT FENCE 6300 LF 1.88 11844.00 3 CLEAR & GRUB 3.7 AC 5108.10 18899.97 4 DITCH EXCAVATION I L$ 54600.00 54600.00 5 SAND CEMENT RIPRAP 56 CY 325.00 18200.00 6 TRENCH DRAIN 6" PERF ADS 2925 LF 29.36 85878.00 7 WEIR STRUCTURE I LS 3307.50 3307.50 8 WEIR STRUCTURE PREP 1 LS 7250.00 7250.00 9 REMOVE & REPLACE BARBWIRE FEN~ 1 LS 630.00 630.00 10 SEED & MULCH 18000 SY 0.28 5040.00 11 SEED (PERMANENT) 300 LB 15.23 4569.00 12 MULCH 15 TN 111.65 1674.75 13 WATER 113 MG 6.09 688.17 14 SOD 361 SY 1.62 584.82 15 M.O,T, 29 ED 160.00 4640.00 16 MOBILIZATION (BOND, 1 LS 3337.18 3337.18 TOTAL 225815.89 100.00% STIPULATIONS CONTRACTOR MAINTAINS OWNERSHIP OF ALL MATERIAL & EMBANKMENT 41 ADDITIONAL DAYS WILL BE REQUIRED TO PERFORM THIS WORK. OF THOSE 41 DAYS 12 WILL BE PERFORMED CONCURRENT WITH THE EXISTING CONTRACT TIME. THEREFORE 29 ADDITIONAL CONTRACT DAYS ARE REQUIRED TO COMPLETE THIS WORK ~,GEND~. ITEM JUN 11 20C _· I UN I 1 2002 Pg. ~ March 2, 2002 Mr. Allen Ruth, P.E. Collier County Government Transportation Division 2675 S. Horseshoe Drive Suite 401 Naples, FL 34112 RE: Radio Road at Davis Boulevard Four Lane Intersection Improvements Dear As per your request in last Wednesday's progress meeting, Florid State Underground's pp.'ce to clear & .me the ~rooosed dry detention area ~s as follows: 1. Stake Detention Area Dnce For Clearing Trask Associates Lump Sum Fee 5 % F.S.U. Mark-up SUB TOTAL Clear, Grub and Dispose of Vegetation _,.~00.00 1 i5.00 $ 2,415.00 Gruelle Construction, Inc. 5 % F.S.U. Mark-up Lump Sum Fee SUB TOTAL $18,500.00 925.0O $19,425.00 If'you have any questions, please do not hesitate to contact me. IFII~ IlO. Sincerely, ~ _ Silt fence, stake out and retention area construction is not included in the above.. _'4";"" ............ Ken Bell Project Manager AGF_.,¥ D~ ITEM No. I~I"~ ~ - JUN 1 1 2002 pg. -~- ,. KB/mk copy to file 4540 DOMESTIC AVENUE · NAPLES, FLORIDA 34104 · 643-6449 · FAX: 643-6891 EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $435,650 WITH CH2MHILL, INC., FOR THE DESIGN OF VANDERBILT BEACH ROAD IMPROVEMENTS BETWEEN AIRPORT-PULLING ROAD AND COLLIER BOULEVARD, PROJECT NO. 63051 OBJECTIVE: To gain Board approval to proceed with additional design services to include the design of five miles of 24 inch water main and 3.5 miles of 16 inch force main; and the relocation of three miles of 30 inch water main, three miles of 20 inch force main, and three miles of 20 inch reclaimed water main. CONSIDERATION: On May 8, 2001, the Board approved the Professional Services Agreement with CH2MHill, Inc., for the design of Vanderbilt Beach Road Improvements from Airport-Pulling Road to Collier Boulevard. Services include the design of a six lane divided urban arterial from Airport-Pulling Road to Logan Boulevard and a four lane divided urban arterial from Logan Boulevard to Collier Boulevard. On June 13, 2001, Change Order No. 1 was issued to prepare temporary signal plans at the intersection of Vanderbilt Beach Road and North Pointe Drive. Per the request of the Public Utilities Engineering Department and approval thereof, Supplemental Agreement No. 2 will authorize the consultant to proceed with the design of new utility mains and the design of relocating existing utility mains including the preparation of plans, specifications and construction cost estimates. This will allow coordination of this work with right-of-way and roadway plans. The design of new and relocated utility mains will be included with the 90% roadway plans. A copy of the scope of services including negotiated fee are attached. The completion date for the design work of the Professional Services Agreement will be extended by 150 calendar days from July 26, 2002, to December 23, 2002. FISCAL IMPACT: The Supplemental Agreement and permit fees in the amount of $435,650 will be funded as follows: $197,710 from water funds and $237,940 from wastewater funds. A budget amendment is needed in the Water Impact Fee Capital Project fund (411) to transfer $112,020 from Project 70892 to Project 70150 - Vanderbilt Beach Road Parallel Water Main. Source of funds is water impact fees. A budget amendment is needed in the Water Capital Projects fund (412) to transfer $85,690 from Project 70071 to Project 70301 - Vanderbilt Beach Road Wateir Mai~GEND^ ITEN4 Relocate. Source of funds is water user fees. No. t4 .(~__~. J U N 1 1 Budget amendments are needed in the Sewer Impact Fee Capital Projects fund (413) to transfer $61,000 from reserves to Project 73085 - Vanderbilt Beach Road 16" Force Main and to transfer $91,250 from reserves to Project 73086 - C.R. 951 Force Main. Source of funds is wastewater impact fees. A budget amendment is needed in the Sewer Capital Projects fund 414 to transfer $85,690 from Project 73065 to the following two projects; $42,845 into Project 73301 - Vanderbilt Beach Road Force Main Relocation and $42,845 into Project 73401 - Vanderbilt Beach Road Effluent Line Relocation. Source of funds is wastewater user fees. GROWTH MANAGEMENT IMPACT: The project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Supplemental Agreement No. 2 with CH2MHill, Inc., in the amount of $435,650, which includes a 10% contingency for Task II, and $2,500 for permit fees; and authorize the Chairman to sign Supplemental Agreement No. 2 as provided herein, and approve necessary budget amendments. SUBMITTED BY: ~ ~ ~f~ Date: 0J- Allen R. Ruth, P.E., Senior Project Manager Transportation Engineering & Construction Management Department REVIEWED By: '&~- /~ - ~,-- Date: Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering & Construction Management Department REVIEWED BY: 'd~' //Z) ~.__,.{_,,.~ Date: Roy ]~. Anderson, P.E., Director Public Utilities Engineering Department Si~phe~ Y. C~nell, Purchasing/ General Se ices D'rector O~~ Date: APPROVED BY: ~1o'~1~ ~. Fed~r, AICP Tr~tfortation Administrator 2002 VANDERBILT BEACH ROAD (AIRPORT-PULLING ROAD TO COLLIER BOULEVARD) SUPPLEMENTAL AGREEMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT THIS Supplemental Agreement No. 2 to the Professional Services Agreement dated May 8, 2001 (hereinafter referred to as the "Agreement") is made and entered into this day of 2002, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY" or "OWNER"), and CH2MHiII, Inc., a corporation duly authorized to conduct business m the State of Florida, whose business address is 4350 West Cypress Street, Suite 600, Tampa, Florida 33607 (hereinafter referred to as the "CONSULTANT"). WITNESSETH W}{EREAS, OWNER and CONSULTANT currently have a valid Professional Services Agreement for the provision of professional services for the Design and Permitting of Vanderbilt Beach Road (Airport-Pulling Road to Collier Boulevard), Project No. 63051 Ihereinafter referred to as the "PROJECT"), said services more fully described in said AGREEMENT: and WHEREAS, OWNER and CONSULTANT agree :hat ad&tional design services consisting of the design of five miles of 24 inch water main and 3.5 miles of 16 inch force main; and the relocation of three mi]es of 30 inch water main, three miles of 20 inch force main and three miles of 20 inch reclaimed water main; being contemplated under said AGREEMENT are neccssa:-x: and. WHEREAS, CONSULTANT represents that he has ~he expertise and the t.xl~e of professional services that will be required for completion of me project. NOW, THEREFORE. in consideration of the mu~ctal covenants and provisions contained herein, the parties ~.--.oree as follows: 1.1 1.2 ARTICLE ONE CONSULTANT shall prov,,d~ to OWNER pref:ssional Design, Surveying and Environmental serv:ces in all phases of the project to which [his suFpl~'ment agreement applies. CONSULTANT shall provide professiona2 se:',. :ces in addition to those outlined in said AGREEMENT as noted in Attachment A, Scope of Serx ice~. as a:tached hereto. 2.1 ARTICLE T\VO OWNER agrees to compensate CONSL~TANT for services rendered hereunder as prescribed in Attachment A, Scope of Services, as attached hereto, with the addition of a 10% contingency for Task II, and $2,500 for permit fees and made a part hereof. 3.1 ARTICLE THREE The schedule for said PROJECT will be rex ;sed to add 150 calendar days from Jul.,,' 26, 2002, to December 23, 2002. Page I of 2 AG ,NF.J No JUN i i 2002 ARTICLE FOL'R 4.1 The AGREEMENT, as modified, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hax e executed this Supplemental Agreement to the Professional Services Agreement for the Design and Permitting of Vanderbih Beach Road the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUEX'TY COMMISSIONERS FOR COLLIER COL~TY, FLORIDA, A POLITICAL SUBDIWISION OF THE STATE OF FLORIDA. By:. Bx: Approved as to form and legal sufficiency: Assistant Coun/A~om . Witness / Wii~/ess CH__ iHfll, Inc. ~ Mogge.X'~'ice President i CORPORATE SEAL) Page 2 of 2 .JUN 11 2o02 3 ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR VANVDERBUILT BEACH ROAD C.R. 862 Airport Pulling Road to Collier Boulevard PROJECT NO. 63051 Supplemental Agreement No. 2 May 17, 2002 DESCRIPTION Supplemental Agreement No.2 provides for the Consultant's services to be expanded to include revising the previously submitted 60% plans package to include plans, specifications, cost estimates, permits and services during construction (SDC) for the design of a proposed 24-inch water main (5 miles) andl6-inch force main (3.5 miles), and the relocation of and existing 30-inch water main (3 miles), 20-inch force main (3 miles) and 20-inch reclaimed water main (3 miles). These existing pipelines are located within the project corridor. The 16" force main extends from the project corridor 2 miles to the north along Collier Bivd and connects to a proposed 16" force main located along Immokalee Road. PART 1. - SCOPE OF WORK TASK I The CONSULTANT will provide engineering services for the design, preparation of construction plans, cost estimates, and specifications for a proposed 24-inch water-main, from Airport Pulling Road to Collier Blvd. This task includes route evaluation, design, the resolution of utility and drainage conflicts, coordination, quantities, utility bridge design (if required), and services during construction for periodic field reviews and responding to requests for information. These plans will be included with the 90% Roadway plans package. AGENDA ITEM JUN I 1 2002 VBRpipesScope_ l.doc Attachment A Vanderbilt Beach Road Supplemental Agreement No. 2 Page 2 May 17, 2002 TASK II The CONSULTANT will provide engineering services for the design, preparation of construction plans, cost estimates, and specifications for a proposed 16-inch Sanitary Force Main from Island Walk Blvd. to Collier Blvd, then 2 miles north along Collier Blvd to Immokalee Road. This task includes route evaluation, design, the resolution of utility and drainage conflicts, coordination, quantities, and services during construction for periodic field reviews and responding to requests for information. These plans will be included with the 90% Roadway plans package. The widening of Collier Blvd from Vanderbilt Beach Road to Immokalee Road is presently being considered, and the utility design will need to be placed to minimize future impacts. The portion of utility along Collier Blvd will be located (offset) from existing R/W, based on information provided by Collier County. The County will provide a approximate location based on future construction. This section of 16" FM design will utilize topographic information shown on the ABB plans (provided by Wilkison) and the HMA plans which depict the future design of Collier Blvd. TASK III The CONSULTANT will provide engineering services for the design, preparation of construction plans, cost estimates, and specifications for the relocations of an existing 30-inch water main, 20-inch force main and 20-inch reclaimed water main from Airport Pulling Road to Collier Blvd. This task includes route evaluations, design, the resolution of utility and drainage conflicts, coordination, quantities, and services during construction for periodic field reviews and responding to requests for information. These plans will be included with the 90% Roadway plans package. BASIC SERVICES FOR TASK'S I, II, AND III · Evaluate the best corridor and pipeline alignment for all five facilities (Water Main, Force Main, and Reclaimed Water Main). · Provide detailed design with plan and profile views on separate Utility Drawing Sheets per Collier County standards (2 sets). Revise all the pertinent drawings to reflect the modifications on typical section sheets, plan/profile sheets, drainage plans, cross sections, and MOT plans.. · Prepare project specific conditions for incorporation into the specifications, if necessary. · Prepare specifications and a bid proposal package per Collier County standards. · Coordinate with developers to identify possible crossing locations where applicable. · Provide utility coordination and conflict resolution during design. · Coordinate with drainage design and minimize conflicts making changes to drainage when necessary. · Provide estimated Quantities and a Construction Cost Estimate with 100% PI · Attend/participate in Pre-Application Meeting. \\tampa\projects\Transportalion\164332 VBRXScope of Services\VBRpipesScope_l .doc JUN I I 2002 Attachment A Vanderbilt Beach Road Supplemental Agreement No. 2 Page 3 May 17, 2002 Complete and provide Long Form Permit-Application for Water Main Construction. Permit Fee to be paid by Collier County. Complete and provide permit application for force main construction. · Complete and provide permit application for the proposed reclaimed water main. · Attend/participate in Pre-Bid Meeting. · Provide responses to Bidders questions · Provide recommendation for contract award. · Attend/participate in Pre-Construction Meeting. · Participate in periodic Field Visits (4 total) during Construction Period · Review Shop Drawings · Respond to Requests for Clarification and provide addendum's if necessary. · Complete Certificates of Completion with Partial Clearances of the Water Main as applicable.(*) · Complete Certificate of Completion for Force Main Construction. (*) · Complete Certificate of Completion for Reclaimed Water Main Construction. (*) · Provide record drawings if contractor and/or the firm providing complete services during construction provides certified as-built drawings. (*) - NOTE: Clearance Certifications are contingent on CH2M HILL receiving advance notification and witnessing pressure tests, and other tests if necessary, as part of our periodic field reviews. PART 2. - PROJECT SCHEDULE: The project design schedule for design services shall be modified as follows: !. Tasks to be included with the Vanderbilt Beach Road 90% Plans submittal. Schedule to be determined. PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Supplement: 1. Services other than those specifically listed above. 2. Services requiring more effort than that listed in the Fee Schedule. 3. Permit Fees \\tampa~projects\Transportation\164332 VBRXScope of Services\VBRpipesScope_l .doc AGI~N[3A I~.~bl NO. [ {d'~J~/3 ' JUN 11 20 2 Pg. AG,E N/,,~A ITEM No. JUN 1 I 2002 Pg VANDERBILT BEACH ROAD (AIRPORT-PULLING ROAD TO COLLIER BOULEVARD} SUPPLEMENTAL AGREEMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMEN'T THIS Supplemental Agreement No. 2 to the Professional Services Agreement dated May 8, 2001 (hereinafter referred to as the "Agreement") is made and entered into this day of 2002, by and between the Board of County Commissioners. Colher County, Florida, a political subdivision of the Slate of Florida, (hereinafter referred to as the "COUNTY" or "OWNER"). and CH2MrHill, Inc., a corporation duly authorized to conduct business in the State of Florida. whose business address is 43S0 ~fes! Cypress Street, Suite 600, Tampa, Florida 33607 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WI-~REAS, OWNER and CONSU'LTANT cun'endy have a valid Professional Services Agreement for the provision of professional services for the Design and Permitting of Vanderbill Beach Road (Airport-Pulling Road to Collier Boulevard), Project No. 63051 (hereinafter referred to as the "PROYECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree that addiuona] design services consisting of the design of five miles of 24 inch water main and 3.5 miles of i6 inch force main; and the relocation of three miles of 30 inch water main, three miles of 20 inch force main and three mi]es of 20 inch reclaimed water main; being contemplated under said AGREEMENT are necessac.: and. ~ WHEREAS, CONSLVLTANT represents that he has the expertise and the t.Uae of professional services that will be required for comp]etlon of the project. NOW, THEREFORE. in consideration of the mutual coxenants and provisions contained herein, the parties agree as follows: ART1CLE ONE 1~1_... CONSL'LTANT shall provide to OWNER proiessional Design. Surveying and Environmental serMces ,n all phases of the projecl to ',,,%ch h s supplemc.,'u a.~.:'eement appiies CONSULTANT shah provide professional :.erx ices ;n addmon to those outlined in said AGREEMENT as noted in Attachment A, Scope of Services. as attached hereto. 2.1 ARTICLE TWO OWNER agrees to compensate CONSULTAN } for scrx ~ces rendered hereunder as prescribed :n Attachment A, Scope of Services, as attached hereto, v, nh the addition of a 10% contingency for Task 1], and $2,500 for permit fees and made a par: he~cc, f ' 3.1 ARTICLE THREE The schedule for said PROJECT will be rev:sed :o aod 150 calendar da,.,s from July 26. 3003. to December 23. 2002. ' ' Page I of 2 AGENE~ ITEM JUN 1 1 2002 ARTICLE FOUR 4.1 The AGREEMENT. as modified, shall remain in full force and effect. IN WITN~ESS WHEREOF, the parties hereto hax. e executed this Supplemental Agreement to the Professional Services Agreement for the Design and Permitting of Vanderbil! Beach Road the da)' and year firs! written above. A'I-I'I:ST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. By: B): Approved as to form and tega! sufflcienc): W:mess Witr~ss CH2*~IilZ. Inc. lo'_e \bce Presiaent ~ CORPORATE SEAL) Page 2 of 2 JUN 1 I 2C- 2 ATI'ACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR VANDERBU[LT BEACH ROAD C.R. 862 Airport Pulling Road to Collier Boulevard PROJECT NO. 63051 Supplemental Agreement No. 2 May 17, 2002 DESCRIPTION Supplemental Agreement No.2 provides for the Consultant's services to be expanded to include revising the previously submitted 60% plans package to include plans, specifications, cost estimates, permits and services during construction (SDC) for the design of a proposed 24-inch water main (5 miles) andl6-inch force main (3.5 miles), and the relocation of and existing 30-inch water main (3 miles), 20-inch force main (3 miles) and 20-inch reclaimed water main (3 miles). These existing pipelines are located within the project corridor. The 16" force main extends from the project corridor 2 miles to the north along Collier Blvd and connects to a proposed 16" force main located along Immokalee Road. PART 1. - SCOPE OF WORK TASKI The CONSULTANT will provide engineering services for the design, preparation of construction plans, cost estimates, and specifications for a proposed 24-inch water-main, from Airport Pulling Road to Collier Blvd. This task includes route evaluation, design, the resolution of utility and drainage conflicts, coordination, quantities, utility bridge design (if required), and services during construction for periodic field reviews and responding to requests for information. These plans will be included with the 90% Roadway plans package. AG j~,/[~ ITEM JUN 11 2002 VBRpipe~qcope_l.doc pg. i i Attachment A Vanderbilt Beach Road Supplemental Agreement No. 2 Page 2 May 17, 2002 TASK II The CONSULTANT will provide engineering services for the design, preparation of construction plans, cost estimates, and specifications for a proposed 16-inch Sanitary Force Main from Island Walk Blvd. to Collier Blvd, then 2 miles north along Collier Blvd to Immokalee Road. This task includes route evaluation, design, the resolution of utility and drainage conflicts, coordination, quantities, and services during construction for periodic field reviews and responding to requests for information. These plans will be included with the 90% Roadway plans package. The widening of Collier Blvd from Vanderbilt Beach Road to Immokalee Road is presently being considered, and the utility design will need to be placed to minimize future impacts. The portion of utility along Collier Blvd will be located (offset) from existing R/W, based on information provided by Collier County. The County will provide a approximate location based on future construction. This section of 16" FM design will utilize topo~aphic information shown on the ABB plans (provided by Wilkison) and the lIMA plans which depict the future design of Collier Blvd. TASK III The CONSULTANq' will provide engineering services for the design, preparation of construction plans, cost estimates, and specifications for the relocations of an existing 30-inch water main, 20-inch force main and 20-inch reclaimed water main from Airport Pulling Road to Collier Blvd. This task includes route evaluations, design, the resolution of utility and drainage conflicts, coordination, quantities, and services during construction for periodic field reviews and responding to requests for information. These plans will be included with the 90% Roadway plans package. BASIC SERVICES FOR TASK'S I, II, AND III \\tampa\projects\Transporlation\164332 VBR~Scope of Serx, ices\VBRpipesScope_l .doc Evaluate the best corridor and pipeline alignment for all five facilities (Water Main, Force Main, and Reclaimed Water Main). Provide detailed design with plan and profile views on separate Utility Drawing Sheets per Collier County standards (2 sets). Revise all the pertinent drawings to reflect the modifications on typical section sheets, plan/profile sheets, drainage plans, cross sections, and MOT plans.. Prepare project specific conditions for incorporation into the specifications, if necessary. Prepare specifications and a bid proposal package per Collier County standards. Coordinate with developers to identify possible crossing locations where applicable. Provide utility coordination and conflict resolution during design. Coordinate with drainage design and minimize conflicts making changes to drainage whep necessary. Provide estimated Quantities and a Construction Cost Estimate with 100% Plans. AG~ r,,'l;;;;IA ITEM- Attend/participate in Pre-Application Meeting. No. U.L~ ,~ ,JUN 1! 20O2 Attachment A Vanderbilt Beach Road Supplemental Agreement No. 2 Page 3 May 17, 2002 Complete and provide Long Form Permit-Application for Water Main Construction. Permit Fee to be paid by Collier County. Complete and provide permit application for force main construction. · Complete and provide permit application for the proposed reclaimed water main. · Attend/participate in Pre-Bid Meeting. · Provide responses to Bidders questions · Provide recommendation for contract award. · Attend/participate in Pre-Construction Meeting. · Participate in periodic Field Visits (4 total) during Construction Period · Review Shop Drawings · Respond to Requests for Clarification and provide addendum's if necessary. · Complete Certificates of Completion with Partial Clearances of the Water Main as applicable.(*) · Complete Certificate of Completion for Force Main Construction. (*) · Complete Certificate of Completion for Reclaimed Water Main Construction. (*) · Provide record drawings if contractor and/or the firm providing complete services during construction provides certified as-built drawings. (*) - NOTE: Clearance Certifications are contingent on CH2M HIIJ~ receiving advance notification and witnessing pressure tests, and other tests if necessary, as part of our periodic field reviews. PART 2. - PROJECT SCHEDULE: The project desi~ma schedule for design services shall be modified as follows: 1. Tasks to be included with the Vanderbilt Beach Road 90% Plans submittal. Schedule to be determined. PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Supplement: 1. Services other than those specifically listed above. 2. Services requiring more effort than that listed in the Fee Schedule. 3. Permit Fees \\tampa\projects\Transportation\164332 VBR~Scope of ScrvicesXVBRpipesScope_l .doc JUN i 1 20 2 AG~,N ~[~ iTEM JUN I 1 2092 EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $136,196 WITH CH2MHILL, INC., FOR THE DESIGN OF VANDERBILT BEACH ROAD IMPROVEMENTS BETWEEN AIRPORT-PULLiNG ROAD AND COLLIER BOULEVARD, PROJECT NO. 63051 OBJECTIVE: To gain Board approval of the negotiated Supplemental Agreement No.3 to the Professional Services Agreement with CH2MHill, Inc., for the design of Vanderbilt Beach Road, Project No. 63051. CONSIDERATION: On May 8, 2001, the Board approved the Professional Services Agreement with CH2MHill. Inc., for the design of Vanderbilt Beach Road Improvements from Airport-Pulling Road io Collier Boulevard. Services include the design of a six lane divided urban arterial from Airport-Pulling Road to Logan Boulevard and a four lane divided urban arterial from Logan Boulevard to Collier Boulevard to accommodate six lanes. On June 13. 2001. Change Order No. 1 was issued to prepare temporary signal plans at the intersection of Vanderbilt Road and North Pointe Drive. Supplemental Agreement No. 2 has been prepared for the design of new and relocated utilities at the request of the Public Utilities Engineering Department. It is submitted concurrent with this request. Approval of Supplemental A~eement No. 3 will authorize the consultant to proceed with the redesign of horizontal and vertical alignments which will provide a safer alignment, improved drainage and safer transitions through intersections. This redesign results from a value engineering analysis of the 30% design plans which were furnished to the consultant. It will also include all necessary field investigations and reports required by other permitting agencies. It will also enable the County to determine the appropriate alignment of Vanderbilt Beach Road that would avoid impact to the water treatment plant and minimize impacts to adjacent development and facilities. The redesign of the Vanderbilt Beach Road intersection with Collier Boulevard will minimize impacts to existing utilities and planned site developments, and will maximize the use of existing right-of-way in the northwest quadrant of the intersection. All redesign work, preliminary design analysis and field investigations will be completed so that all results may be included with the 90% design plans or sooner. A copy of the scope of services and negotiated fee are attached. The completion date for the design work of the Professional Services Agreement will be extended by 120 calendar days from December 23, 2002 to April 22, 2003. FISCAL IMPACT: Funds in the amount of $136,196 are available in the Transportation Impact Fee District 6 Fund. Source of funds are impact fees. AGE .N~A ~tT~-M J UN 1 1 2002 GROWTH MANAGEMENT IMPACT: The project is consistent with the Transportation Element o£the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Supplemental Agreement No. 3 with CH2MHill, Inc., in the amount of $136,196. This amount includes $20,000 additional fees to cover turn lane analyses and new development driveway connection design for developments not approved at this time. Two such developments in the roadway corridor have already been identified. We also request that the Chairman be authorized to sign Supplemental Agreement No. 3 as provided herein. Allen R. Ruth, P. E., Senior Project Manager Transportation Engineering & Construction Management Department Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering & Construction Management Department Ste~h~n'Y. Cm~ell, Purchasing/ [.'Fed&, AICP tation Administrator General APPROVED BY:~f Tran~ Date: N,. JUN I 1 2002 VANDERBILT BEACH ROAD (AIRPORT-PULLING ROAD TO COLLIER BOULEVARD) SUPPLEMENTAL AGREEMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT THIS Supplemental Agreement No. 3 to the Professional Services Agreement dated May 8, 2001 (hereinafter referred to as the "Agreement") is made and entered into this day of 2002, by and between the Board of County Commissioners. Collier County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY" or "OWN~ER'), and CH2MHilI, Inc., a corporation duly authorized to conduct business in the State of Florida, whose business address is 4350 West Cypress Street, Suite 600, Tampa, Florida 33607 (hereinafter referred to as the "CONSULTANT'S). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid Professional Services Agreement for the provision of professional services for the Design and Permitting of Vanderbilt Beach Road (Airport-Pulling Road to Collier Boulevard), Project No. 63051 (hereinafter refen'ed to as the "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTAN"I' agree design and engineering services to include the redesign of horizontal and vertical alignments and typical sections: performing a specific species environmental field surve3 and report; performing an archaeological/historical site field inxestigation and report; preparing a preliminar3 design analysis for the extension of Vanderbilt Beach Road from Collier Boulevard past the North Regional Water Treatment Plant; and the redesign of the Vanderbilt Beach Road intersection with Collier Boulevard: additional to the services being contemplated under said AGREEMENT are necessary; and, WHEREAS, CONSULTANT represents that he has the expertise and the type of professional serxices that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual coxenants and provisions contained herein, the parties ee as follows: 1.1 1.2 ARTICLE ONE CONSULTANT shall provide to OWNER professional Design, Surveying and Environmental services in all phases of the project to which this supplement agreement applies. CONSULTANT shall provide professional services in addition to those outlined in smd AGREEMENT as noted in Attachment A, Scope of Services, as attached hereto. 2.1 ARTICLE TWO OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed ~n Attachment A, Scope of Services. as attached hereto, with the addition of $20,000 in fees to cover turn lane analyses and new driveway connection design for developments not approved at this time, and made a pan hereef. 3.1 .aRTICLE THREE The schedule for said PROJECT will be revised to add 120 calendar days from December 23, 2002, to April 22, 2003. Page I of 2 AGEND~ ~EI~ I JUN I I 2002 Pg. ~) ARTICLE FOUR 4.1 The AGREEMENT, as modified, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement to the Professional Services Agreement for the Design and Permitting of Vandeffoilt Beach Road the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMiSSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDD. qSION OF THE STATE OF FLORIDA. By:. B.x: Approved as to form and legal sufficiency: Assistant Count.~At~omey Witness Wii/ness CH2MHilI. Inc. Vice President (CORPORATESEAL) Page 2 of 2 JUN 11 2002 ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR VANDERBILT BEACH ROAD (VBR) C.R. 862 [AIRPORT PULLING RD TO CR951] PROJECT NO. 63051 Supplemental Agreement No. 3 May 17, 2002 DESCRIPTION Supplemental Agreement No.2 provides for the Consultant's services to be expanded to include the tasks listed below in Part 1 - Scope of Work. Design fees that correspond to these tasks are included in Attachment A. PART 1. - SCOPE OF WORK TASK 1: The CONSULTANT will provide additional engineering services for redesigning the Vanderbilt Beach Road horizontal and vertical alignments and typical section from what was shown in the Collier County 30% Design Plans. The scope of work shown in the Contract states that the design of Vanderbilt Beach Road shall be based on the 30% Design Plans. During design it was determined that a safer alignment that met all FDOT standards could be designed which would have minimal additional impact to R/W. The vertical alignment was also modified to allow for design high water and proper drainage. The typical section was modified to provide standard lanes and safer transitions through intersections. These proposed modifications were reviewed and agreed to by Collier County. VBR_suppl_3.doc . This task includes meetings, coordination, all engineering calculations, design analysis, and revisions to the Vanderbilt Beach Road 60% plans. A~ENDA, IT.EM NO. JUN 11 21002 Pg. Attachment A Vanderbilt Beach Road Supplemental Agreement No. 3 Page 2 05/17/02 TASK 2: The CONSULTANT will provide additional engineering services for performing a specific species environmental field survey and report. A general species survey was performed as part of the original field data collection. An initial database search did not indicate any T&E Species within the proposed project corridor. However, after the initial report was produced, USFWCC requested that a specific field investigation (transects at 500 ft) be performed to detect potential Threatened and Endangered Species. This task includes all field surveys, agency coordination and reports. A preliminary species investigation along with a database search was included in the original scope of work, however a species specific investigation was excluded as shown in Section 4.08.7 of the Original Contract. Unless a known species exists within the corridor, this task is typically performed as an additional service. This approach was discussed and agreed to by Collier County/Dick Hartwell. TASK 3: The CONSULTANT will provide additional engineering services for performing a archaeological/historical site field investigation as required by the State Historic Preservation Officer (SHPO). At the time of original contract negotiations, it was determined by Collier County/Dick Hartwell that a archaeological/historical site field investigation may not be required by SHPO, as there had been no recorded archaeological or historic sites recorded within the project area. Unless a known site exists within the corridor, this task is typically performed as additional services. This approach was discussed and agreed to by Collier County/Dick Hartwell. However, our request to waive the filed survey was denied by SHPO. We will utilize a sub- consultant - Robert Carr/Archaeological and Historical Conservancy Inc. who is familiar with the area and would be acceptable to SHPO. This task includes all field surveys by our sub- consultant, agency coordination, site documentation, and reports. TASK 4: The CONSULTANT will provide additional engineering services for preparing a preliminaD' design analysis for the extension of Vanderbilt Beach Road from Collier Blvd (CR 951) past the Collier County North Regional Water Treatment Plant. This study was requested by Collier County to determine a feasible alignment of VBR that would avoid impacting the water treatment plant, and minimize impacts to adjacent development and facilities. '~\tampa\projects\Transportation\164332 VBR',Scope of Services\VBR_suppl_3.doc 05/17102 A ,GEI'~DA ITE No. I~ ~ ~ JUN 1 I 2002 Attachment A Vanderbilt Beach Road Supplemental Agreement No. 3 Page 3 05/17/02 CH2M HTIL will provide a technical memorandum, including exhibits and comparative cost estimates for the potential alignments. Three options will be considered, along with the potential impacts to utilities, R/W, wetlands, and potential site developments. This task includes meetings and coordination with Collier County and various developers. TASK 5: The CONSULTANrI' will provide additional engineering services for modifying the VBR 60% Plans based on the findings of the technical memorandum mentioned in Task 4. It was decided by Collier County (based on the technical memorandum prepared by CH2M HILL) that the VBR alignment should be shifted approximately 80 ft to the south prior to the Collier Blvd Intersection (approximately 2000 ft) to minimize impacts to existing utilities and planned site development, and maximize the use of existing R/W in the north west quadrant of the intersection by allowing a potential pond site for the future Collier Blvd widening. This new alignment will also be the basis for the preliminary design of the extension of Vanderbilt Beach Road from Collier Blvd (CR 951) past the Collier County North Regional Water Treatment Plant. Changes to the plan/profile sheets, drainage design, maintenance of traffic, access plan, cross sections, utility adjustment sheets, structure plans, and signing and marking plans will be required. A environmental field investigation will be required to determine potential wet]and impacts. This task includes meetings and coordination with SFWMD - BCB, Collier County and various planned developments including the St Agnes Church facility to help determine access requirements and options. PART 2.- PROJECT SCHEDULE: The project design schedule for design services shall be: 1. Any modifications to the plans and Permit shall be completed and included with the 90% Construction Plans. Schedule TBD PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Supplement: Services other than those specifically listed above. Services requiring more effort than that listed in the Fee Schedule. Any necessary Permits or Permit Fees \\tampa\projects\Transportation\164332 VBRXScope of Services\VBR_suppl_3.doc 05/17/02 JUN 1 1 2002 VANDERBILT BEACH ROAD (AIRPORT-PULLING ROAD TO COLLIER BOULEVARD) ;L~PPLEMENTAL AGREEMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT TI-tiS Supplemental Agreement No. 3 to the Professional Services Agreement dated May 8, 2001 (hereinafter referred to as the "Agreement") is made and entered into this day of 2002. by and between the Board of Count)' Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY" or "OWNER"), and CH2MltilI, Inc., a corporation duly authorized to conduct business in the State of Florida, whose business address is 4350 West Cypress StreeL, Suite 600, Tampa. Morida 33607 (hereinafter referred to as the "CONSULTANq'"'). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid Professional Services Agreement for the provision of professional services for the Design and Permitting of Vanderbilt Beach Road (Airport-Pulling Road to Collier Boulevard), Project No. 630Sl (hereinafter referred to as the "PROJECT"). said services more fully described in said AGREEMEN'r: and WHEREAS, OWNER and CONSLrLTANT agree design and engineenng services to include the redesign of horizontal and vertical alignments and typical sections; performing a specific species environmental field survey and report; pefformthg an archaeological/historical site field investigation and report; preparing a preliminaD, design analysis for the extension of Vanderbilt Beach Road from Collier Boulevard past the North Regional Water Treatment Plant; and the redesign of the Vanderbitt Beach Road mtecsection with Collier Boulevard; additional to the services being contemplated under said AGREEMENT are necessar)'; and, WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE. in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: ARTICLE ONE 1., CONSULTANq' shall provide to OWNER professional Design, Surveying and Environmental services in all phases of the project to which this supplement agreement applies. 1.2 CONSULTANT shall provide professiona: serx ~ces in addition to those outlined in said AGREEMENT as noted in Attachment A, Scope of Serxices. ;ts attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANq- for services mn&red hereunder as prescribed in Attachment A, Scope of Services. as attached hereto, with the addition of $20,000 in fees to cover turn lane analyses and new driveway connection design for developments not approved at this time, and made a part hereof. ARTICLE THREE 3.1 The schedule for said PROJECT wilt be revised to add 120 calendar days from December 23, 2002, to April 22, 2003. Page I of 2 AGENDA ITEI~ No. 1 1-3 JUN 1 1 2002 ARTICLE FOLVR 4.1 The AGREEMENT, as modified, shall remain in full force and effect. EN WITNESS WHEREOF. the parties hereto have executed this Supp}emental Agreement to the Professional Services Agreement for the Design and Permitting of Vanderbilt Beach Road the da), and year first written above. ATTEST: (As to Chairman) BOARD OF COU'NTY COMMISSIONERS FOR COLLIER COUNTY. FLORIDA, A POLITICAL SUBDIXqSION OF THE STATE OF FLORIDA. By:. B3: Approved as to form and legal sufficiencx: Assistant Court .~At[ome> Witness CH2MHiI1. Inc. Mo~e, Vice President {CORPORATE SEAL) Page 2 of 2 JUN 11 2002 ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR VANDERBILT BEACH ROAD (VBR) C.R. 862 [AIRPORT PULLING RD TO CR951] PROJECT NO. 63051 Supplemental Agreement No. 3 May 17, 2002 DESCRIPTION Supplemental Agreement No.2 provides for the Consultant's services to be expanded to include the tasks listed be]ow in Part 1 - Scope of Work. Design fees that correspond to these tasks are included in Attachment A. PART 1. - SCOPE OF WORK TASK 1: The CONSULTANT will provide additional engineering services for redesigning the Vanderbilt Beach Road horizontal and vertical alignments and typical section from what was shown in the Collier County 30% Design Plans. The scope of work shown in the Contract states that the design of Vanderbilt Beach Road shall be based on the 30% Design Plans. During design it was determined that a safer alignment that met all FDOT standards could be designed which would have minimal additional impact to R/W. The vertical alignment was also modified to allow for design high water and proper drainage. The typical section was modified to provide standard lanes and safer transitions through intersections. These proposed modifications were reviewed and agreed to by Collier County. This task includes meetings, coordination, all engineering calculations, design analysis, and revisions to the Vanderbilt Beach Road 60% plans. AGEN.~A ITEM JUN 1 ! 2002 VBR_$uppl_3.doc Attachment A Vanderbilt Beach Road Supplemental Agreement No. 3 Page 2 05/17/02 TASK 2: The CONSULTANT will provide additional engineering services for performing a specific species environmental field survey and report. A general species survey was performed as part of the original field data collection. An initial database search did not indicate any T&E Species within the proposed project corridor. However, after the initial report was produced, USFWCC requested that a specific field investigation (transects at 500 ft) be performed to detect potential Threatened and Endangered Species. This task includes all field surveys, agency coordination and reports. A preliminary species investigation along with a database search was included in the original scope of work, however a species specific investigation was excluded as shown in Section 4.08.7 of the Original Contract. Unless a known species exists within the corridor, this task is typically performed as an additional service. This approach was discussed and agreed to by Collier County/Dick Hartwell. TASK 3: The CONSULTANT will provide additional engineering services for performing a archaeological/historical site field investigation as required by the State Historic Preservation Officer (SHPO). At the time of original contract negotiations, it was determined by Collier County/Dick Hartwell that a archaeological/historical site field investigation may not be required by SHPO, as there had been no recorded archaeological or historic sites recorded within the project area. Unless a known site exists within the corridor, this task is typically performed as additional services. This approach was discussed and agreed to by Collier CountytrDick Hartweii. However, our request to waive the filed survey was denied by SHPO. We will utilize a sub- consultant - Robert Carr/Archaeological and Historical Conservancy Inc. who is familiar with the area and would be acceptable to SHPO. This task includes all field surveys by our sub- consultant, agency coordination, site documentation, and reports. TASK 4: The CONSULTANT will provide additional engineering services for preparing a preliminary design analysis for the extension of Vanderbilt Beach Road from Collier Blvd (CR 951) past the Collier County North Regional Water Treatment Plant. This study was requested by Collier County to determine a feasible alignment of VBR that would avoid impacting the water treatment plant, and minimize impacts to adjacent development and facilit es. A(3~I~ I,Tl~ t. t5 \~tampa\projects\Transpormtion\164332 VBR~S¢ope of Serviees\VBR_suppl_3.doc JtJN 1 1 2002 05/i 7102 Attachment A Vanderbilt Beach Road Supplemental Agreement No. 3 Page 3 05/1'7/02 CH2M HILL will provide a technical memorandum, including exhibits and comparative cost estimates for the potential alignments. Three options will be considered, along with the potential impacts to utilities, R/W, wetlands, and potential site developments. This task includes meetings and coordination with Collier County and various developers. TASK 5: The CONSULTANT will provide additional engineering services for modifying the VBR 60% Plans based on the findings of the technical memorandum mentioned in Task 4. It was decided by Collier County (based on the technical memorandum prepared by CH2M HILL) that the VBR alignment should be shifted approximately 80 ft to the south prior to the Collier Blvd Intersection (approximately 2000 ft) to minimize impacts to existing utilities and planned site development, and maximize the use of existing R/W in the north west quadrant of the intersection by allowing a potential pond site for the future Collier Blvd widening. This new alignment will also be the basis for the preliminary design of the extension of Vanderbilt Beach Road from Collier Blvd (CR 951) past the Collier County North Regional Water Treatment Plant. Changes to the plan/profile sheets, drainage design, maintenance of traffic, access plan, cross sections, utility adjustment sheets, structure plans, and signing and marking plans will be required. A environmental field investigation will be required to determine potential wetland impacts. This task includes meetings and coordination with SFWMD - BCB, Collier County and various planned developments including the St Agnes Church facility to help determine access requirements and options. PART 2. -PROJECT SCHEDULE: The project design schedule for design services shall be: 1. Any modifications to the plans and Permit shall be completed and included with the 90% Construction Plans. Schedule TBD PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Supplement: Services other than those specifically listed above. Services requiring more effort than that listed in the Fee Schedule. Any necessary Permits or Permit Fees \\tampa\projects\Transporta~ion\164332 VBRkScope of Services\VBR_suppl_3.doc 05117/02 JUN 1 1 2002 JUN I1 2002 EXECUTIVE SUMMARY REQUEST APPROVAL OF $250,000 FOR THE CR 951 PROJECT DEVELOPMENT AND ENVIRONMENT STUDY BEING CONDUCTED BY LEE COUNTY FROM IMMOKALEE ROAD IN COLLIER COUNTY TO ALICO ROAD IN _LEE COUNTY OBslECTIVE: To obtain BCC approval for $250,000 for the CR 951 Project Development and Environment (PD&E) Study being conducted by Lee County from Immokalee Road in Collier County to Alico Road in Lee County (see attached scope of services). The funding being requested by Lee County will cover the portion of the study from Immokalee Road to Bonita Beach Road. CONSIDERATIONS: Lee County has advertised and selected, with Collier County's input, the Consulting firm DRMP to conduct a Project Development and Environment Study to determine an alignment for the extension of CR 951 from Immokalee Road to Alico Road. This proposed roadway would provide north-south travel alternatives east of the Interstate from Marco Island to Alico Road that will provide, by other local roadways, access to the Airport and north to Colonial Boulevard. This roadway is needed to relieve existing and future congestion on 1-75. Lee County has $2,500,000 budgeted for this study and is requesting that we provide $250,000. If Collier County does not participate in the study, Lee County will revise their project limits to exclude the segment from Immokalee Road to Bonita Beach Road due to funding constraints. The study is being conducted to Federal requirements so that future phases will be eligible for federal funding. The study will analyze viable alternatives taking into account natural, physical, economic, social, operational and economic constraints. This study is projected to take two years and includes a heavy public involvement phase. Lee County will manage the study, but Collier County staff will be involved with all aspects of the study, particularly as it relates to the Immokalee Road to Bonita Beach Road section and the public involvement phases. aFISCAL IMPACT: Funds in the amount of $250,000 available in the transportation supported gas tax fund. Source of the funds are gas taxes (funar~ 313)., Project No. 60171. GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the funding for the PD&E study and direct staff to work with Lee County to produce an inteflocal agreement. AGENDA ITEM JUN I 1 2002 SUBMIT~D BY: REVIEWED BY: APPROVED BY: Donald Scott, AICP Transportation Planning Director l~har~n Newman Accounting Supervisor N~rman E. Feder, AICP Transportation Administrator Date: EXHIBIT A SCOPE OF SERVICES CONSULTING ENGINEERING SERVICES CR 951 PD&E STUDY LEE COUNTY February 1, 2002 JUN 1 1 2002 5/29/02 Task List SECTION 1 GENERAL SCOPE STATEMENT .................................................... A-1 General Information ............................................................................... A- 1 SECTION 2 TASKS .................................................................................... Task 1 - Preliminary Matters ..................................................................... A. Introductory Meeting .......................................................... B. Initiate Advance Notification ................................................ C. Public Notice of Intent to Prepare an Environmental Impact Statement ....................................................................... D. Imxoductory Agency Meeting ............................................ E. Kickoff Letter .................................................................. Task 2 - Public & Agency Involvement ....................................................... A. Public Involvement Program ................................................ Consensus Building Process ....................................... 2. 3. 4. 5. 6. Scope .............................................. Composition ...................................... Relationship to other aspects of the PD&E.. Meeting Schedule ............................... Consensus building process ..................... Outcome .......................................... A-2 A-4 A-4 A-4 Land Use Information ............................................ Cultural Features ..................................................... Social-Economic Impacts Analysis ................................ Right-of-way Acquisition and Relocation Analysis ............. Archaeological and Historical Features Analysis ................ Determination of Section 4(f) Involvement ....................... Visual and Aesthetic Impact Analysis ............................. A-4 A-4 A-5 A-5 A-5 A-5 A-5 A-6 A-6 A-6 A-7 A-7 A-7 B. Public Meetings ................................................................ 1. Public Meetings in Support of the Consensus Building Process ..................................................... A-7 2. Unscheduled Meetings and Presentations ........................ A-7 3. Alternatives Public Workshop ...................................... A-8 4. Coordination Meeting with Local Officials ...................... A-9 C. Public Hearing .................................................................. A-9 D. Public Involvement Data ...................................................... A-10 E. Special Public Involvement Requirements .................................. A-11 1. Identify and Inspect Public Meeting Sites ........................ A-11 2. Correspondence ...................................................... A- 11 3. Newsletters and Flyers .............................................. A-11 4. Web Site ............................................................... A-11 5. Comments and Coordination Report .............................. A-12 Task 3 - Environmental Data Collection, Analysis and Reports ............................ A-12 A. Environmental Data Collection .............................................. A- 12 B. Analysis of Social Impacts ................................................... A- 13 1. A-13 2. A-13 3. A-14 4. A-14 5. A-14 6. A-15 7. A-I~ 8. Farmlands Impact Analysis ......................................... A-15 Analysis of Natural Impacts ............................................ tures No 1. Hydrologic and Natural Fea ............................ ] .... - JUN 11 2002 2. Identify Possible Permits ............................................ A- 15 3. Wetland Impact Analysis ........................................... A-16 4. Conceptual Mitigation Plans ....................................... A- 16 5. Wildlife and Habitat Impact Analysis ......................... A-17 6. Aquatic Preserve Impact Analysis ................................. Ao 18 7. Outstanding Florida Waters and Wild and Scenic Rivers Impact Analysis ............................................. A- 18 D. Analysis of Physical Impacts .................................................. A- 18 1. Air Quality Impact Analysis .........................................A-18 2. Noise Impact Analysis ................................................ A-18 3. Contamination Impact Analysis ..................................... A-18 4. Water Quality Impact Analysis ...................................... A-1 $ 5. Floodplain Impact Analysis ..........................................A- 18 6. Coastal Barrier Resource Analysis .................................. A-19 7. Construction Impact Analysis ....................................... A-19 E. Environmental Reports ......................................................... A- 19 1. Advance Notification ................................................. A- 19 2. Cultural Resources Assessment Survey ............................ A-19 3. Section 4(f) Evaluation ............................................... A-19 4. Air Quality Report .................................................... A-20 5. Noise Study Report ................................................... A-20 6. Wetland Evaluation Report ..........................................A-20 7. Water Quality Impact Evaluation ................................... A-20 8. Contamination Screening Evaluation Report ..................... A-20 9. Endangered Species Biological Assessment/Listed Species Report ........................................................ A-20 10. Permit Coordination Package ...................................... A-20 11. Visual and Aesthetics Impact Report .............................. A-21 12. Environmental Assessment .......................................... A-21 Task 4 - Engineering Data Collection, Analysis And Reports ............................... A-21 A. Engineering Data Collection .................................................. A-21 1. Aerial Photography ................................................... A-21 2. Existing Highway Characteristics .................................. A-22 3. Traffic Data ............................................................ A-22 4. Accident Data ......................................................... A-22 5. Utilities ................................................................. A-22 6. Transportation Plans .................................................. A-23 7. Soils Survey and Geotechnical Data ................................ A-23 B. Engineering Analysis ........................................................... A-23 1. Project Need ........................................................... A-23 2. Base Map(s) ........................................................... A-24 3. Conceptual Design Analysis ........................................ A-24 4. Design Alternatives Evaluation and Selection ................... A-24 5. Conceptual Drainage Analysis ..................................... A-26 6. Cost Analysis ......................................................... A-26 7. Comparative Analysis of Design Alternatives ................... A-26 C. Engineering Reports ........................................................... A-28 1. Base Map(s) ........................................................... A-28 2. 3. 4. Preliminary Engineering Report ............................... a_o e Utility Coordination Package ................................... ~ Location Hydraulic Report ......................................... ~o. JUN 1 1 2002 Task 5 - Task 6 - Task 7 - Task 8 o Task 9 - Task 10 5. Geotechnical Report .................................................. Federal Funds ............................................................................ FHWA/FDOT Coordination .......................................................... Design/Right-of-Way Surveys ....................................................... Right-of-Way Mapping ............................................................... Geotechnical ............................................................................ - Non-Personnel Reimbursement Expenses and Costs ............................ Task 11 - Optional Services .................................................................... A. Section 106 (Historic and Archaeological) Coordination .............. Task 12 - Study Requirements and Provisions for Work .................................... B. C. D. E. F. Governing Regulations ....................................................... Project Schedule ............................................................... Key Personnel .................................................................. Progress Meetings & Reports ................................................ Submittals ....................................................................... County Services ................................................................ A-30 A-30 A-30 A-30 A-30 A-31 A-31 A-31 A-31 A-31 A-31 A-32 A-32 A-32 A-32 A-33 2002 SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES CR 951 PD&E This Exhibit forms an integral part of the agreement between the Lee County Department of Transportation (hereinafter referred to as the COUNTY) and selected consultant (hereinafter referred to as the CONSULTANT) relative to the CR 951 PD&E. SECTION 1 GENERAL SCOPE STATEMENT The Consultant shall provide and perform the following professional services which shall constitute the GENERAL SCOPE of the BASIC SERVICES under the covenants, terms, and provisions of this PROFESSIONAL SERVICES AGREEMENT or SERVICE PROVIDER AGREEMENT. The purpose of this Exhibit is to describe the Scope of Services and the responsibilities of the CONSULTANT and the COUNTY in connection with Project Development (Corridor Location, Preliminary Engineering, and Conceptual Design) and Environment Study necessary to comply with COUNTY procedures and to obtain FHWA approval of proposed transportation facility improve, ments. General Information The CONSULTANT shall perform those environmental, and engineering services required for a Project Development and Environment Study. This includes consideration of all social, economic, and environmental effects, and mitigation as required by the COUNTY and using the Florida Department of Transportation (FDOT) Project Development and Environment (PD&E) Manual as a guide. In addition, the CONSULTANT will prepare the required environmental and engineering reports, and Conceptual Design Plans, and assist as necessary with the Public Hearing. The project limits of the CR 951 PD&E study will be from the Lee Collier county line to Alico Rd. It shall be the CONSULTANT=s responsibility to utilize the very best engineering judgement, practices and principles possible during the prosecution of the work commissioned under this contract. The CONSULTANT shall be aware that as a project is developed, certain minor modifications and/or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. This includes communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to COUNTY procedures. AI~ENDA. ITEM JUN I I 2002 C:~DOCUMF. NTS AND SETTINGS'~ScoTr_D~)CAL Sta] iiNGS,,TF.M!OORARY INTERNET ~LK86~COPE--CR951 PI)F. STUDY.DOC A-1 The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job specific information and/or functions as outlined in this contract. The general objective of the study is to provide documented information necessary for the COUNTY to reach a decision on the type, design, and location of a transportation facility east of 1-75 from Collier county line to Alico Rd. This facility to be known as CR 951. The Project Development Process shall use as a guide the FDOT Project Development and Environment Manual, published July 1, 1988, and all subsequent revisions. Throughout this Scope of Services, this publication will be referred to as the PD&E Manual. The PD&E Manual incorporates all of the requirements of the National Environmental Policy Act (NEPA); Federal law and Executive Orders; applicable Federal regulations included in the FHWA Federal-Aid Policy Guide; and applicable State laws and regulations including Chapter 339.155 of the Florida Statutes. The project documentation prepared by the CONSULTANT in accordance with the PD&E Manual shall therefore be in compliance with all applicable State and Federal laws, executive orders, and regulations. The detailed information generated during the study will be analyzed, evaluated and comprehensively documented in a series of reports predicting impacts, and estimating costs associated with the improvement of the transportation facility. Preliminary location and design recommendations will include alignments, typical sections, fight-of-way requirements, and estimated costs. The CONSULTANrI' will recommend the Preferred Alternative(s) based on this process. The CONSULTANT shall investigate the possibility of Federal funding for this project and shall prepare a permit coordination package for distribution to all permit and permit review agencies. SECTION 2 TASKS Pursuant to the GENERAL SCOPE of the BASIC SERVICES stated herein above, the CONSULTANT shall perform all services and/or work necessary to complete the following task(s) and/or provide the following item(s) which are enumerated to correspond to the task(s) and/or items set forth in EXHIBIT "B" entitled "COMPENSATION AND METHOD OF PAYMENT." Task Index Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 - Preliminary Matters - Public & Agency Involvement - Environmental Data Collection, Analysis and Reports - Engineering Data Collection, Analysis And Reports - Coordination With South Florida Water Management District - Federal Funds - FHWA/FDOT Coordination - DesignfRight-of-Way Surveys Task 9 - Right-of-Way Mapping Task 10 - Geotechnical C:~GCUls{E. NTS AND SETT[NGSk$COTT_IYd..OCAL SEI'TINGSX~RARY IN'I"E. RN~ ~$bh,$COPE--CR951 PDE STUDY DOC A-2 2002 Task 11 - Non-Personnel Reimbursement Expenses and Costs Task 12 - Optional Services Task 13 - Study Requirements and Provisions for Work C:~DOCUM~ AND SI:YI I. NGSX. SCO3~_D',LOCAL SIbyl iNG~RARY ~ FILI~OLK86',,SL-'OPE--CR951 PDE S'I'UDY.DOC A-3 AGEN[3%, ITEM Nc .... \~jF% ~ JUN- 1-1 2002 Task 1 - Preliminary Matters AJ Introductory Meeting Prior to beginning work and after the issuance of the written Notice to Proceed, the CONSULTANT shall meet with the COUNTY; the purpose of this introductory meeting is three-fold: The COUNTY shall render all relevant information in its possession. This may include previous correspondence, traffic figures, planning information, existing right-of-way and utility information, plans, and previous inspection reports. The COUNTY shall review with the CONSULTANT how the CONSULTANT will conduct the study process. The COUNTY shall review with the CONSULTANT the financial administration of the contract, method of progress reporting and invoice preparation. The COUNTY shall review the consensus building process with the CONSULTANT. Initiate Advance Notification The CONSULTANT shall submit a draft notification letter to the COUNTY for their use. The COUNTY shall notify the FHWA, FDOT, SFWMD, EPA, USF&W, FF&WC, and USCOE of this study and their intent to employ the CONSULTANT to prepare permit applications and associated engineering and environmental studies. Public Notice of Intent to Prepare an Environmental Impact Statement On behalf of the COUNTY, the CONSULTANT will prepare a Notice of Intent to prepare an Environmental Impact Statement for submission to the Federal Highway Administration and U.S. Army Corps of Engineers. Introductory Agency Meeting A second notification in the form of an introductory meeting shall be held by the CONSULTANT with Federal, State, COUNTY, and local staff to introduce the CONSULTANT and inform them of the initiation of the study. The CONSULTANT shall prepare maps of the study area for orientation purposes and provide the COUNTY with a summary of the meeting. For the Kickoff Meeting, the CONSULTANT shall: Notify state and local agencies and interested parties by letter, news releases, telephone, or any other appropriate means. Prepare formal presentation - script, graphics, displays. C:~X~rl_rMEN'rS AND SE'I'IINGSXSCOTI'_D'd.I~AL SETI'ING$\'rEMI~RARY INTE. RNET FI1,E3hOLKg6XSC'Ot~.~421~5 1 PDE STL~DY.DOC A-4 AGENDA JUN 1 1 2002 3. Deliver the presentation using knowledgeable CONSULTANT staff members, including answering questions. 4. Meeting site preparation - set up and take down the audiovisual equipment. The COUNTY shall: 1. Arrange for and obtain meeting site. 2. Invite the FDOT, FHWA and other interested federal agencies to this meeting. E. Kickoff Letter Within 30 days of the project initiation a Kickoff (Introductory) Letter will be mailed by the CONSULTANT to local officials to describe the study intent and schedule and provide contacts for further information. Task 2 - Public & Agency Involvement Public Involvement is an important aspect of the Project Development Process. Public Involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Public Involvement Program The CONSULTANT shall prepare a written Public Involvement Plan at the outset, outlining each element of the Public Involvement Process. This is done according to an outline furnished by the COUNTY. It shall be updated and amended throughout the Project Development Process. The plan indicates the basic Public Involvement approach to be taken with the project. It also lists generally the contact persons, media officials and agencies and the means which will be used to involve them in the process such as the Consensus Building process described below. Consensus-Buildine Process The public involvement for this project will be a facilitated consensus-building effort. The effort will take as a point of departure the collaborative process feasibility assessment commissioned by the County (An Assessment to Determine the Feasibility of a Collaborative Stakeholder Process to Address the Proposed Extension of County Road 951.) The purpose of this effort will be to develop consensus during the PD&E study among those with an interest in decisions related to the extension of CR 951. 1. Scope In order to adequately address issues related to a possible extension of CR 951, the scoDe of consensus building discussion and activities will include the following. AOEND.~ IYi=M JUN Il 2002 C.:'ff~OCUblF..NTS AND SI=! iiNG~_D'd.,OCAL SETTINGS~,~RARY 1NTE. RNET FILES~OPE--CR951 PDE STUDYDCC A-5 What is the nature of the need for additional north-south transportation capacity in the area between south/central Lee County and northern Collier County? How can that need best be met? (It should be assumed that the group will explore answers that involve alternative alignments of CR 951 as well as other measures or improvements that may address the need.) What measures must be taken to address the, environmental, community, and business impacts of the preferred solution? Coordination, as necessary, with other bodies whose ongoing activities or mandates affect either issues or potential solutions relating to CR 951 (including, but not limited to, Collier County, SFWMD, FHWA, FDOT, USEPA, USF&W, FF&WC, USCOE, FDEP) 2. Composition Design of the consensus building group will take as a point of departure Appendix C of the collaborative process feasibility assessment commissioned by the County. In addition to the general public the following groups/people will be invited to participate in the process. Environmental groups Citizen/civic groups Neighborhood groups Business groups Property owners Developers Local governments State and Federal agencies 3. Relationship to Other Aspects of the PD&E The consensus building discussions will parallel and inform each major phase of the PD&E process. In particular, consensus will be sought from the public at the following points in the process: characterization of the transportation need; identification of alternatives to be considered; identification of information needed to evaluate the alternatives; and evaluation of alternatives and selection of the preferred alternative. If the group cannot reach consensus, all practical alternatives will be documented. 4. Meeting schedule The final meeting schedule for the consensus-building process will be established by the CONSULTANT with input from the public. For budgeting purposes, the schedule willix:a~i~[~ lief i .l U N 1 1 20B2 A-6 to consist of twenty-four full-day meetings over a period of twenty-four months (the assumed schedule for this PD&E). 5. Consensus Building Process Meetings will be facilitated. Early in its work, the CONSULTANT with input from the public, will develop or refine process ground rules that clarify roles, set guidelines for discussions, and describe the group's process for drafting and agreeing upon recommendations. Design of the ground rules may take as a point of departure Appendix B of the collaborative process feasibility assessment commissioned by the County 6. Oumomes The outcome of the consensus building process shall consist of a report containing all recommendations, issues, and comments compiled during the process and shall be produced by the CONSULTANT and opportunity to comment given to the public prior to the reports' finalization. Upon completion the report shall be included in the Comments and Coordination report as an appendix. The CONSULTANT shall provide support as necessary for the COUNTY to hold various additional public meetings, which may include: Three public workshops in support of the consensus-building process. 12 Unscheduled Small Group Meetings (Homeowners Associations, Civic Clubs, etc.) including up to two (2) media informational meetings. One Alternatives Public Workshop One (1) MPO Technical Advisory Committee Meetings (TAC) One (1) MPO Citizens Advisory Committee Meetings (CAC) One (1) MPO Meeting Two (2) Lee County Commission Meetings Two (2) City of Bonita Springs Council Meetings 1. Public Workshops in Support of the Consensus Building Process In addition to the Altematvies Workshop and Public Hearing described below, the CONSULTANT shall conduct three additional public workshops in support of the consensus building process. These workshops would be designed to present the results of the process up to the time of the workshop and solicit input for consideration from a broader cross-section of the affected public. These will be conducted as workshops to actively engage participation in discussion of the questions at hand. 2. Unscheduled Meetings and Presentations. The CONSULTANT and his staff shall be available with no more than a five (5) workday notice to attend meetings or make presentations at the request of the COUNTY. Such meet[rigs ~}Z, lIEU A-7 / ~ i~' ' L sentations may be held at any hour between 8:00 a.m. and 12:00 midnight on any day of the week. The CONSULTANT will be available for up to 12 unscheduled meetings and presentations. The CONSULTANT may be called upon to provide maps, press releases, advertisements, audiovisual displays and similar materials for such meetings. 3. Alternatives Public Workshop The purpose of the Alternatives Public Workshop is to present to the public the results of the study to date and obtain comments on the Design Alternatives. It is possible that the citizens may suggest additional alternatives. The workshop is to be advertised and conducted as an informational meeting, and shall include a slide show and display graphics. The CONSULTANT will be required to actively participate in any portion of the presentation. The CONSULTANT shall attend the workshop and prepare all necessary displays, maps, scripts, etc. All presentations (script and graphics), media releases, legal display advertisements, and general (mass) property owner letters will be reviewed and approved by the COUNTY prior to distribution. A black-and-white, quarter-page display advertisement announcing the meetings shall be prepared and submitted to the COUNTY for approval. The CONSULTANT shall publish the advertisement in the two (2) local newspapers: The Fort Myers News Press, the Naples Daily News. Advertising costs are the responsibility of the CONSULTANT. Notification shall be made by the CONSULTANT to elected and appointed officials and other interested persons by letter on COUNTY stationery before the workshop. Mailing costs are the responsibility of the CONSULTANT. A letter on COUNTY letterhead stationary announcing the workshop shall be written and sent by the CONSULTANT ten (10) days before the workshop to all property owners whose property lies in whole or in part within 300 ft of the centerline of any Design Alternative. Mailing costs are the responsibility of the CONSULTANT. News releases shall be prepared and submitted for publication by the CONSULTANT during the week of the workshop. Mailing costs are the responsibility of the CONSULTANT. The workshop format shall be developed by the CONSULTANT and will be approved for review by the COUNTY. The CONSULTANT shall prepare displays or wall graphics for use during the workshop. These include typical sections, aerials, renderings, charts, and graphs, as needed. A video presentation script shall be written by the CONSULTANT and used in association with the graphics in the video presentation produced by the CONSULTANT. The script shall be professionally narrated. The CONSULTANT shall prepare a project brochure for distribution at the workshop. The CONSULTANT Ishall obtain, and pay for court reporters and for the Public Meetings Transcripts. Meeting equipment setup and take down shall be handled by CONSULTANT staff members familiar with audiovisual equipment and the facilities available at the workshop site. Briefing of the staff (who will be on hand during the workshop) shall be done just before the workshop to make sure the staff is up to date on the project and understands the study well enough to discuss it with the public and to answer questions. Conducting the workshop will take knowledgeable staff and shall require enough staff members to handle the crowd anticipated for the workshop. Although __ C:~OCUMENTS AND SETI'INGSk$CO'FI-_D~LIDCA.L SETYING$\TEMPORARY ~ ~PE,--OL951 PDE STUDY.DOC A-8 JUN'l] 2002 may be scheduled for a certain time period, staff shall be available for some time before and/or after those set hours in order to maintain public contact or for media interviews, etc. The identification of issues brought up at the workshop is an integral part of the Workshop Debriefing Process, which should be attended by all staff members taking part in the workshop process and talking with the public. Once issues have been identified from the workshop, their significance shall be determined. If the issues are determined to be valid enough for further consideration or if they have elements which may require further consideration they must be addressed. This task involves project documentation, letter writing, the preparation of a follow-up newsletter, or any other appropriate technique. Coordination Meeting with Local Officials Meetings shall be held with the City of Bonita Springs and the Lee County Commission subsequent to the Initial Informational Public Workshop, the Alternatives Public Workshop and again after the Public Hearing to apprise local officials of the project status, specific location and design concepts, and to receive their comments. It is specifically required that the Environmental Document shall show evidence of this coordination as well as with coordination with the Metropolitan Planning Organization (MPO). Presentation materials for the two (2) TAC and CAC meetings shall include the Conceptual Design Plans, and for the two (2) MPO meetings, the Conceptual Design Plans, 35 mm slides and display boards. C. Public Hearing A formal Public Heating, as required by Federal and State laws, shall be held in accordance with Part 1, Chapter 8-2.7 of the PD&E Manual. All of the tasks accomplished by the CONSULTANT shall be reviewed by the COUNTY. The CONSULTANT shall attend the heating and prepare all necessary displays, maps, handouts, scripts, etc. It is at this heating that the public can formally offer comments concerning the project. The heating is divided into sections: One hour period prior to the hearing when staff is available to answer questions Formal presentation Recess to answer any further questions Public testimony. Also, the CONSULTANT=s staff shall be available after the heating to answer questions. The hearing will be moderated by COUNTY staff unless otherwise directed. The COUNTY moderator will give an introduction to the video presentation and moderate the various parts of the heating to include answering any questions which may arise during public testimony. C:kEK)CUM~..N~ AND S~'I"I~GS\.SCOTI'_I~LOCAL SE'I'rINGS\TF..MPORA.RY INI'I~.N~T FII..~~P~51 PDE STUDY.DOC A-9 1 2002 r-v L_~ Quarter-page legal display advertisements shall be published by the CONSULTANT in the area newspaper(s) having the largest daily circulation. These shall be prepared and published by the CONSULTANT, at least 21 days before the heating and between 5 and 12 days before the hearing. Advertising costs are the responsibility of the CONSULTANT. Notification to elected and appointed officials (City, County, State and Federal) and other interested persons shall be prepared and mailed by the CONSULTANT. This process involves the identification of any affected, possibly affected, and interested parties early in the study process. This includes the identification (from County tax rolls) of all persons owning property within 91.5 m (300 ft) either side of the centerline of all Design Alternatives pursuant to the provisions of Florida Statute. Engineering and environmental reports, a set of Conceptual Design Plans for the Preferred Alternative(s) and comments received prior to the hearing shall be put on display at least 21 days before the day of the hearing. They shall be prepared and delivered to the person or agency displaying them for the CONSULTANT. The CONSULTANT shall prepare graphics to be used during the heating. The display rolls (usually two complete sets) shall depict the Conceptual Design Plans for the Preferred Alternative(s) to be presented at the hearing. Among the items to be shown on display rolls are the existing and proposed right-of-way lines (existing lines green, proposed red), proposed roadways (yellow), typical sections, planning segments, and wetlands. Other display boards are to be prepared to show the project location, evaluation matrix and floodplain areas. The CONSULTANT shall prepare and reproduce a project brochure to be given to those attending the hearing. The brochure shall contain a summary of the project, typical sections, etc. and standard information that will be provided by the COUNTY. A video presentation will be used. The video presentation script shall be written by the CONSULTANT and used in association with the graphics in the video presentation produced by the CONSULTANT. The script shall be professionally narrated. Heating equipment setups and dismantling are the responsibility of the CONSULTANT. The CONSULTANT shall attend the heating with sufficient staff to explain Preferred Alternative(s) and associated impacts. Identifying the issues raised at the hearing involves debriefing the staff who participated in the hearing. The CONSULTANT shall obtain, and pay for court reporters and for the Public Hearing Transcript. Preparing the Public Hearing Transcript includes collecting and copying letters received after the hearing but before the heating cutoff point and collecting and copying affidavits of publication of the legal display advertisements, preparing the hearing certification and copying the entire transcript package. The CONSULTANT shall prepare responses to all comments received during the hearing and before the hearing cutoff date as long as they are not duplicates. These responses will be submitted to the COUNTY for approval and mailing. Public Involvement Data The CONSULTANT will be responsible for the collection of Public Involvement ~d~,?. 3nd the preparation of the Mailing List early in the PD&E Study. The Mailing list will inclu, le: ~£N~ ~ C:q}OCUMENTS AND SETTINGSL.qCO'I'I'_DXLOCAL SETTINGSXTE311~KARY ~ ~OPE--CR951 PDE STUDY.DOC A-10 11 Any affected or possibly affected parties Elected and appointed officials in the area (City, County, State) and community leaders Possible permit and review agencies Media in the project area (to be used for news releases, advertisements or any concerns) Any person or institution expressing an interest in the project The collection of public input occurs throughout the life of the project and requires maintaining of files, newspaper clippings, letters, and especially direct contacts before, during and after any of the public meetings. In addition to collecting public input data, the CONSULTANT shall assist the COUNTY in preparing responses to any public inquiries as a result of the Public Involvement Process. Es Special Public Involvement Requirements Identify and Inspect Public Meeting Sites Prospective sites for any meetings to be held shall be inspected for suitability. Consideration shall be given to location, seating capacity, sound system, lighting, display space and any other physical characteristics which would influence the viability of this site, including compatibility with the terms of the Americans with Disabilities Act of 1990. The CONSULTANT shall make all arrangements for use of the meeting facility for the Public Workshop and Public Hearing including payment of any rental fees, if applicable. 2. Correspondence Within three (3) days of the receipt or mailing of all written correspondence between the CONSULTANT and any party pertaining specifically to this study, copies shall be provided to the COUNTY for their records. Newsletters and Flyers The CONSULTANT shall prepare newsletters at four (4) points during the study: prior to each Public Workshop and the Public Hearing and at the study=s completion. The newsletters shall be mailed by the CONSULTANT to elected officials, property owners, businesses and interested persons included on a mailing list compiled by the CONSULTANT. COUNTY review prior to mailing is required. The CONSULTANT shall prepare one (1) page flyers bi-monthly throughout the study process. The flyers shall be double sided and available for distribution to interested members of the public. The flyers shall contain information on study status, schedule, planned meetings and other items of interest. 4. Web Site C:~)OCUMEN'I'S AND .~1::'1-t INGS~.,qCOIT_I;Y~CX2AL SETTINGS\~RARY [NTERNET FILESV)LK.86',SC'OPE--CR951 PDE STUDY.DOC A-Il _,IUN 11 20.;2 The CONSULTANT shall develop a web page with six (6) components: a facts section a subscription section a project schedule a current status section a public involvement opportunities section a project team contacts & comments section The web page shall be developed in month 1 and updated 12 times during the study period. It shall contain the updated date on the page, as well as the date of the next update. Comments and Coordination Report The Comments and Coordination Report shall contain, at a minimum, documentation of the public participation accomplished throughout study period. This report should summarize and respond to the comments received from the Public Involvement, Advance Notification, coordination with local officials and agencies, public meetings, etc. The Comments and Coordination Report shall be submitted with the final Preliminary Engineering Report. Task 3 - Environmental Data Collection~ Analysis and Reports The CONSULTANT shall perform the services outlined in this section necessary to assess the environmental consequences or impacts of Design Alternatives that are being considered to satisfy the project=s need. This effort consists of collecting essential data, analyzing and comparing viable Design Alternatives, and documenting environmental impacts and recommendations coincidentally with the engineering data collection and analyses. The CONSULTANT shall coordinate and perform the appropriate level of environmental analysis for this project as outlined in the PD&E Manual and the following sections. Prior to performing any data collection activities outside of the existing right- of-way, verbal contact shall be made with all affected property owners, including government entities. This contact shall consist of either an in person visit or telephone call. Am Environmental Data Collection Upon Notice to Proceed, the CONSULTANT shall begin preliminary assessments of the study corridor from an environmental standpoint. The data gathering consists of collecting various information and materials needed for the environmental analysis. The information should include all data necessary to perform adequate evaluation of the social, natural and physical impacts in determining the location and design of a transportation facility. This activity consists of collecting and recording various and current photographic, cartographic, technical report, planning, and observational data relative to the natural, man made, cultural, socioeconomic, physical, political and aesthetic features influencing the development of appropriate Design Alternative locations. JUN 11-2002 C:~3CUMEN'~ AND SEI-I'INGS~SCOTT_D~DCAL SETTINGS\TEMPORARY Ilq'ITaRNET FllY_3~OLKg6~COPE--CR951 PDE STUDY.DOC A-12 The CONSULTANT shall collect the data necessary to identify community facilities, Section 4(f) lands (parks, recreation areas, wildlife refuges), bikeways, and managed conservation lands. The CONSULTANT is responsible for the collection of data regarding past and present land usage as well as future land use plans, proposed developments, current zoning, municipal comprehensive plans, and observed growth trends. Current residential, commercial, industrial, public, agricultural, and designated future land use for vacant parcels adjacent to the alignment are to be collected. It is also necessary to collect data on active development activity within the highway corridor, especially preliminary and filed plats which have the potential for dedication of highway fight-of-way available. The CONSULTANT shall further familiarize themselves with the study area by making location visits to further ground truth mapped features and reveal unmapped features that potentially could impact or influence the selection of a Preferred Alternative(s). Observations of unmapped features would include: Pedestrian movement and critical linkages with commercial and institutional sites Bicycle usage/traffic Recreational site usage Visual/scenic resources Noise sensitive sites (noise monitoring) Unmapped wetlands The CONSULTANT shall develop a CADD data base that includes all existing environmental features. This information is to be included on the Corridor Base Map(s). Utilizing this data, the CONSULTANT shall perform the environmental analysis necessary to compare the environmental impacts of the proposed project Design Alternatives. The environmental analysis will be performed concurrently with the engineering analysis and the development of Design Alternatives. Be Analysis of Social Impacts Land Use Information The CONSULTANT is responsible for the following: Collect data regarding past and present land usage as well as future land use plans, proposed developments, current zoning, municipal comprehensive plans, and observed growth trends. Collect data required to prepare corridor analysis maps indicating current residential, commercial, industrial, public, agricultural, and designated future land use for vacant parcels adjacent to the alignment. 2. Cultural Features The CONSULTANT shall collect the data necessary to identify the Community Facilities listed in Part 2, Chapter 9 of the PD&E Manual, and also to identify any Section 4 (f) lands, (1: xrks, jt~nlTEl~ A-13 areas, wildlife refuges), bikeways, managed conservation land, as further described in Pan 2, Chapters 13 and 14 of the PD&E Manual. The CONSULTANT shall develop a CADD data base that includes all existing cultural features. CADD data base information shall be compatible for use in aerial photography used for public hearing presentations, corridor maps, and alternative plans. o Social-Economic Impacts Analysis The CONSULTANT shall perform an analysis of the social-economic impacts of all proposed Design Alternatives as described in Pan 2, Chapters 9, 13 and 14 of the PD&E Manual. Upon Notice to Proceed, the CONSULTANT shall conduct an overview study of the study area and adjacent community to explore the socioeconomic issues, features, activities that are early and influential shaping factors in the development of this project=s preferred typical section and Design Alternative(s). The analysis shall include a comparison of recreational use changes when evaluating water quality issues. The level of analysis should be appropriate for understanding the area=s socioeconomic setting and as appropriate for an Environmental Assessment. 4. Right-of-way Acquisition and Relocation Analysis The CONSULTANT shall perform the analysis necessary to complete a Conceptual Stage Relocation Plan for the proposed Design Alternatives as described in Pan 2, Chapter 11 of the PD&E Manual. Archaeological and Historical Features Analysis The CONSULTANT shall conduct a Cultural Resource Assessment Survey (CRAS) in compliance with the provisions contained in Chapter 267 of the Florida Statutes and in accordance with the FDOT PD&E Manual Part 2. Chapter 12. The purpose of this survey is to locate, identify and document any cultural resources, prehistoric or historic, associated with this project and to assess the significance of these resources in terms of eligibility for listing in the National Register of Historic Places (NRHP) according to criteria set forth in 36 CFR Section 60.4. The CRAS study area will include the preferred alignment and proposed stormwater retention/mitigation areas. The CONSULTANT shall provide a final report with appropriate documentation detailing the results of the survey and the final assessments of resource significance. The report shall contain a Florida Site File (FSF) form on all identified cultural resources and a NRHP Determination of Eligibility (DOE) package on all resources determined to be potentially significant. In the case of historic resources, the DOE package shall include a NRHP Registration Form with accompanying documentation. Project personnel shall meet the minimum criteria for archaeologists, historians, architectural historians and other professionals as set forth in the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation and 48 CFR 44716. ! 6. Determination of Section 4(f) Involvement I C:~CU!~r, NTS AND SETTINGSL~"O'UF_D~id)CAL SETrLNGS~TEMPORARY I]~FI'F..RNL~ ~F.--CR951 PDE STUDY.DOC A-la The CONSULTANT shall determine if Section 4(f) resources are present and prepare Determinations of Applicability (DOA=s) for all properties affected by any proposed Design Alternatives, and if so, evaluate and document the impacts to the Section 4(f) property as described in Part 2, Chapter 13 of the PD&E Manual. Visual and Aesthetic Impact Analysis The CONSULTANT shall analyze the visual and aesthetic impacts of all proposed Design Alternatives as described in Part 2, Chapter 15 of the PD&E Manual. Additional description of this analysis is contained in Task 4-B-4-d. Farmlands Impact Analysis The CONSULTANT shall follow the Farmland Assessment Process and determine if a Farmland Evaluation is required by any proposed Design Alternatives, and if so, perform the Farmland Evaluation as described in Part 2, Chapter 28 of the PD&E Manual. Analysis of Natural Impacts Hydrologic and Natural Features The CONSULTANT shall collect all the data necessary to perform an assessment of the impacts of the proposed alternatives in the following areas. Threatened and Endangered Species (Part 2, Chapter 27 of the PD&E Manual) Aquatic Preserves (Part 2, Chapter 19 of the PD&E Manual) Wetlands (Part 2, Chapter 18 of the PD&E Manual) Outstanding Florida Waters (Part 2, Chapter 21 of the PD&E Manual) Water Quality (Part 2, Chapter 20 of the PD&E Manual) Floodplains and Floodways (Part 2, Chapter 24 of the PD&E Manual) Wild & Scenic Rivers (Part 2, Chapter 3 of the PD&E Manual) Coastal Zone Consistency (Part 2, Chapter 25 of the PD&E Manual) The CONSULTANT shall develop a CADD data base that includes all existing hydrologic and natural features. CADD data base information shall be compatible for use on aerial photography used for public hearing presentations, corridor maps, and alternative plans. Identify Possible Permits In conjunction with the collection of data related to wetlands, Outstanding Florida Waters, Aquatic Preserves, and Wild and Scenic Rivers, the CONSULTANT shall obtain permit related information about sites which may require dredge and fill permits, water quality permits, or stormwater discharge permits. This includes identifying all involved permit agencies. I AGFrNDb ITeM No. ~tr~/~ A-15 3. Wetland Impact Analysis The CONSULTANT shall analyze the impacts to wetlands for all proposed Design Alternatives as described in Part 2, Chapter 18 of the PD&E Manual. The CONSULTANT shall conduct an overview of the project corridor for wetlands involvement upon the Notice to Proceed. Wetland sites will be located and described and their values assessed. This information will be used to develop a preferred typical section and Design Alternative(s) which attempts to avoid or minimize wetland impacts. Once a Preferred Alternative(s) is selected, the CONSULTANT shall conduct a comprehensive assessment of the wetland impacts in accordance with Part 2, Chapter 18 of the PD&E Manual. The level of evaluation will depend on the extent of impacts. The CONSULTANT should expect to carry out evaluations to at least Level 2. Wetland delineation will be based on the current federal procedure for identifying and delineating jurisdictional wetlands. The CONSULTANT shall quantify the project=s cumulative impacts to wetlands and secure an informal consultation with the environmental and regulatory agencies with jurisdictional permitting authority. This is done to get a preliminary understanding of what mitigative commitments might be required for the approval of permits. The information obtained by these aforementioned tasks/activities will be subsequently organized into the Wetlands Evaluation Report for distribution to the permit and review agencies. The CONSULTANT shall provide a separate Wetland Evaluation Report in accordance with Part 2, Chapter 18 of the PD&E Manual. The Wetlands Evaluation Report will include the Florida Land Use Cover and Forms Classification System (FLUCFCS) Code for all described wetlands. Impacts will be listed in table form in the report, along with the acreage of impact anticipated and the FLUCFCS code, for each wetland impacted. The CONSULTANT shall take reproducible photographs and prepare graphics for the development of this report. The report shall be developed early in the PD&E study in order to obtain meaningful comments from environmental and regulatory agencies. This report shall be distributed, as appropriate, to the following agencies: Florida Department of Environmental Protection Florida Fish and Wildlife Conservation Commission South Florida Water Management District United States Army Corp of Engineers United States Fish and Wildlife Service United States National Marine Fisheries Service United States Environmental Protection Agency Conceptual Mitigation Plans C:~)OCUMENTS AND SETYINGS'~-~COTT-Dk1X)CAL S!k'TYING$\~KARY INTF. RNET FIL.F_.S~LK86kSCOPE--CR951 PDE STUDY.DOC A-16 A~E ,I~A ITEl, The CONSULTANT shall prepare conceptual mitigation plans, if required, as described in Part 2, Chapter 18, of the PD&E Manual. The conceptual mitigation will be documented as part of the Wetland Evaluation Report and will be included in the Environmental Document. Wildlife and Habitat Impact Analysis The CONSULTANT shall analyze potential impacts to wildlife and habitat by all proposed Design Alternatives as described in Part 2, Chapter 27 of the PD&E Manual. If Federally endangered or threatened species or a designated critical habit is involved, the CONSULTANT will conduct and prepare the Endangered Species Biological Assessment (ESBA) in accordance with Part 2, Chapter 27 of the PD&E Manual. The ESBA will include an analysis of potential impacts to Federal and State listed species and other wildlife and habitat, conceptual mitigation requirements, standard protection measures where applicable, and a commitments and recommendations section detailing all agency requirements which must be met before construction begins. If a formal ESBA is not required, the CONSULTANT will prepare a Listed Species Report which will include all information required in an ESBA except the conceptual mitigation requirements. The CONSULTANT shall request comments from appropriate Federal, State and local agencies as to specific permits required, significance of impacts, required mitigation, and any specific concerns about the project or its impacts. The specific sequence of this coordination is detailed below. Initial Coordination After completion of preliminary data collection, species list compilation, and initial corridor fieldwork, coordination must be opened with the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS). The purpose of this letter is to discuss the initial findings and present a tentative species list. The letter must ask for concurrence with the species list as developed and, if the initial survey indicates the presence of species which normally require specific surveys, request their concurrence and any additional information they have. Concurrence Letter After the CONSULTANT has completed all of the required surveys, the results must be presented to the agencies (FFWCC and USFWS) for concurrence. This will require the forwarding of the draft report for their review and comments. All agency communications must be included in the final report. AND ~'ITINGg.LrlITT_~ S~"I"IINGSXT=..MIPORARY INTF..RNET FILI~-'~L.KS~PE--CR951 PDE STUDY.DOC A-17 AGEN .D& tTEI~ JUN 11 2002 6. Aquatic Preserve Impact Analysis If applicable, this analysis will be conducted in accordance with Part 2, Chapter 19 of the PD&E Manual and included in the Wetland Evaluation Report. Outstanding Florida Waters and Wild and Scenic Rivers Impact Analysis If applicable, this analysis will be conducted in accordance with Part 2, Chapter 21 of the PD&E Manual and included in the Wetland Evaluation Report. De Analysis of Physical Impacts Air Quality Impact Analysis The CONSULTANT shall perform the air quality impact analysis for the proposed Design Alternatives as described in Part 2, Chapter 16 of the PD&E Manual. Traffic for Air Quality Analysis will be prepared by the CONSULTANT. Noise Impact Analysis The CONSULTANT shall perform the noise impact analysis and barrier evaluation for the proposed Design Alternatives as described in Part 2, Chapter 17 of the PD&E Manual. The noise impact analysis and barrier evaluation shall be performed by a person(s) who has attended and is certified through the FDOT=s Traffic Noise Analysis training course. Contamination Impact Analysis The CONSULTANT shall conduct a comprehensive assessment of contamination involvement. The assessment shall be documented in a Contamination Screening Evaluation Report (CSER). This information will be used in developing the project=s preferred typical section and Design Alternatives(s). Procedures shall be in accordance with Part 2, Chapter 22 of the PD&E Manual. Water Quality Impact Analysis The CONSULTANT shall conduct a Water Quality Impact Evaluation (WQIE) for all proposed Design Alternatives as described in Part 2, Chapter 20 of the PD&E Manual and the FDOT=s Water Quality Impact Evaluation Manual. The CONSULTANT should also have a copy of the appropriate Water Management District=s Permitting Manual, which may be obtained directly from the Water Management District Office. The completed WQIE form must have the Water Management rule attached to it, as well as the page from the permitting manual that quantifies the amount of water to be treated. AGENDA ITEI~' JUN 11 2002 C:~DOCUMENTS AND SETTINGS~SCO'I'r-D~,I-OCAL SETTINGS\TF. Mi~R. ARY ~ ~LK86'~SCOPE--CR951 PDE STUDY.IX)C A-18 Pg ~ Floodplain Impact Analysis The CONSULTANT shall analyze the significance of any encroachments to floodplains and floodways by all proposed Design Alternatives as described in Part 2, Chapter 24 of the PD&E Manual. The documentation will require the inclusion of the encroachment categories, listed in the above referenced PD&E Manual chapter. Coastal Barrier Resource Analysis If applicable, the CONSULTANT will analyze the impact to Coastal Barrier Resources in accordance with Part 2, Chapter 26 of the PD&E Manual. Construction Impact Analysis The CONSULTANT shall analyze the construction impacts of all proposed Design Alternatives as described in Part 2, Chapter 30 of the PD&E Manual. Environmental Reports The CONSULTANT shall document the results of the environmental data collection and analysis performed as part of this Scope of Services in a series of reports as detailed below. The environmental reports prepared by the CONSULTANT will comply with all the procedures listed in Part 1 of the PD&E Manual, and will also follow the format and include all content described in Part 2 of the PD&E Manual. Advance Notification The CONSULTANT will be responsible for preparation of the Advance Notification Package. Cultural Resources Assessment Survey The CONSULTANT shall prepare the Cultural Resources Assessment Survey, and a Cultural Resource Assessment Request Package for each affected resource as described in Part 2, Chapter 12 of the PD&E Manual and in Section D, above. The CONSULTANT shall also assist the COUNTY with the preparation of any required Memorandums of Agreements. The Case Study Report (Criteria of Effects), if necessary, will be done by the CONSULTANT. Section 4(0 Evaluation ff required, the CONSULTANT shall prepare the Determination(s) of Applicability (DOA) to determine the applicability of Section (4f) to any parks, recreation areas, wildlife and waterfowl refuges, and/or historic sites within the project study area. Section (4f) procedures are described in Part 2, Chapter 13 of the PD&E Manual. The CONSULTANT will be responsible for preparing any correspondence required. C:~K)CUMF2~S AND SETTINGS'~X}TY_D~OCAL SI~I-I INGb'~TEIvfl~RARY INTERNET ~k~COPE-aZR951 PDE STUDY.DOC A-19 JUIq 11 20C2 4. Air Quality Report The CONSULTANT shall prepare the Air Quality Report as described in Part 2, Chapter 16 of the PD&E Manual. 5. Noise Study Report The CONSULTANT shall prepare the Noise Study Report as described in Part 2, Chapter 17 of the PD&E Manual. Wetland Evaluation Report The CONSULTANT shall provide a separate Wetland Evaluation Report in accordance with Part 2, Chapter 18 of the PD&E Manual. Water Quality Impact Evaluation The Water Quality Impact Evaluation (WQIE) will be prepared as described in Part 2, Chapter 20 of the PD&E Manual and the FDOT=s Water Quality Impact Evaluation Manual. The WQIE shall be performed and signed by a person(s) who has attended, and is certified through, the FDOT=s WQIE Manual training course. Contamination Screening Evaluation Report The CONSULTANT shall provide a Contamination Screening Evaluation Report in accordance with Part 2, Chapter 22 of the PD&E Manual. Hazardous material sites and petroleum sites shall be addressed in separate sections of the report o Endangered Species Biological Assessment/Listed Species Report The Endangered Species Biological Assessment (ESBA) will be prepared in accordance with Part 2, Chapter 27 of the PD&E Manual. The determination of which document type will be needed will be determined as the project progresses. 10. Permit Coordination Package This process consists of obtaining permit-related information about bridge clearances and wetland sites which may require dredge and fill/water quality permits or storm water discharge permits. This information shall subsequently be organized into a permit coordination package for distribution to the various jurisdictional agencies. Permit and permit review agencies to be considered include but are not limited to, the Federal Highway Administration, Florida Department of Transportation, U.S. Army Corps of Engineers, Florida Department of Environmental Protection, South Florida Water Management District, local environmental agencies, Florida Fish and Wildlife Conservation Commission, National Marine Fisheries Service, U.S. Fish & Wildlife Service, Environmental Protection Agency, and Lee County. CADOCUMENTS AND SETTINGS'~'--'OTI'_D~LCKZAL SETTINGS\'ITaMI:'ORARY INTERNET ~--CR951 PDE STUDYDOC A-20 AGENDA ITEM Nc, ,I · JUN 11 2092 11. Visual and Aesthetics Impact Report The CONSULTANT shall prepare a report which summarizes the visual and aesthetic impacts of viable Design Alternatives. 12. Environmental Assessment An Environmental Assessment is the expected level of environmental documentation required for this project. The CONSULTANT will do all the work required for the Class of Action Determination. The CONSULTANT shall prepare an Environmental Assessment as described in Part 1, Chapter 4 of the PD&E Manual. After the Environmental Assessment is accepted by the COUNTY, the CONSULTANT will prepare a Notice of Availability. After a Public Hearing is held, the CONSULTANT shall update the Environmental Assessment and prepare a Finding of No Significant Impact as described in Part 1, Chapter 5 of the PD&E Manual. Task 4 - Engineering Data Collection, Anal~,sis And Reports The CONSULTANT shall perform the services outlined in this section necessary to develop engineering alternatives that satisfy the project=s need. This effort consists of collecting essential data, analyzing and comparing viable alternatives, and documenting engineering decisions and recommendations. The CONSULTANT shall coordinate and perform the appropriate level of engineering analysis for this project as outlined in Part 1, Chapter 9 of the PD&E Manual and the following sections. A. Engineering Data Collection Immediately following the Notice to Proceed, the CONSULTANT shall begin preliminaD' assessments of the study area from an engineering and environmental standpoint. This task is largely of a data gathering nature. This activity consists of collecting various information and materials relative to the performance of engineering and environmental analyses within the study area. The information should include all data necessary to perform adequate evaluation of the location and design of an improved transportation facility for the corridor. 1. Aerial Photo~aphv The CONSULTANT shall use the following scales of black and white aerial photography for this project. CAKKIL-X1MF_JqTS AND SE'rFINGS,,~-'OI'r_I)q.I:}CAL SI=-i-/IIqGSX~RARY Ilq'I'F_.R.N~'Y ~E--CR951 PDE STUDY.DOC A-21 A scale of 1" = 100' will be used for base maps, conceptual design plans, land use and property ownership inventory, ecological community delineation, noise modeling, engineering and environmental analysis, alternative analysis, coordination meetings, and Public Hearing displays. A scale of 1" = 400' infra-red photography will be used for the initial corridor water quality and ecological analysis phase of the study. , , , JUN I1 E22 The CONSULTANT shall provide the targets needed for the aerial photography. 2. Existing Highway Characteristics This task includes gathering data on pertinent corridor physical features and conditions which help in better understanding the existing roadway and bridge segments under consideration in this contract. Most of this information is available from the COUNTY, however other references including field observations and interviews with local agencies and individuals will yield additional data. Possible sources include project files, contract documents, right-of-way maps, drainage maps, as built plans, and prior studies. The CONSULTANT shall be responsible to procure all the engineering data listed in Part 1, Chapter 9 of the PD&E Manual and other data necessary to conduct a PD&E study and prepare a Preliminary Engineering Report. The CONSULTANT shall develop a CADD data base, supported by computer spread sheets, that includes all existing highway characteristics noted above, as appropriate. CADD data base information shall be compatible for use on aerial photography used for displays, the Corridor Base Map(s), and Conceptual Design Plans. 3. Traffic Data The CONSULTANT will furnish a project traffic report which will meet the total traffic needs for the proposed study and include the following: Existing Condition AADT Future Condition - Forecasted 2005, 2010, and 2025 AADT Traffic Characteristics Manual Pedestrian and Bicycle Counts Forecast Methodology 4. Accident Data The CONSULTANT is required to obtain through the COUNTY and state and local sources available data on automobile accidents along the project corridor for the previous five years. The data collected will be analyzed and summarized in an appropriate manner to identify locations or trends that potentially relate to geometric or other existing physical conditions that should be corrected or mitigated. 5. .Utilities The CONSULTANT shall identify the following existing and proposed utilities which may influence location and design considerations: I Overhead: Transmission lines, microwave towers, etc. ~ Underground: Water, gas, sanitary sewer, force mains, power cables, telephone~_ cables, etc. I ut'~13~ lIEN C:~X)L'~JMElqT~ AND SETTINGSXSCOTI'_DXLIDCAL SETTING$\'ITaMPORARY IN'I'F~RNET FII. Ta.g~OI.K~~51 PDE STUDY.DOC A-22 6. Transportation Plans The CONSULTANT shall obtain plans for all modes of transportation including surface, transit and non-motorized modes. The following plans or studies should be obtained: Urban Area Transportation Study and the Lee County Cost Feasible and Needs Plans Local comprehensive plans: City and County Transit: rail, bus, other Non-motorized modes, including bikeways and pedestrian walkways Interview local officials and identify the following factors: existing and projected road user types including handicapped and the elderly; existing and projected high traffic generators; existing and anticipated hazards; high crash or problem locations. 7. Soils Survey and Geotechnical Data The CONSULTANT will provide all soils and geotechnical support for this project. General geotechnical information will be collected for use in preliminary evaluation of alternatives. Final written report shall be provided for the final alternative(s) only. The CONSULTANT shall provide a written geotechnical report based on review of existing information, field reconnaissance and field borings, as necessary, to identify soils-related problem areas. The report shall include anticipated soil conditions along the roadway and/or at structure sites and recommendations for treatment of problems that will hinder or preclude design and/or construction. B. Engineering Analysis Utilizing the data collected as part of this Scope of Services, the CONSULTANT shall perform the engineering analysis necessary to complete the Project Development Process described in Part 1. Chapter 9 of the PD&E Manual. The task of Engineering Analysis will be ongoing throughout the duration of the project and will be performed with consideration of the results of the environmental impact analysis. 1. Project Need The CONSULTANT shall establish the need for the facility improvements. In addition, the CONSULTANT will verify the purpose and need for the project in accordance with Part 2, Chapter 5 of the PD&E Manual. 2. Base Map(s) The CONSULTANT shall plot, delineate and label pertinent cultural and natural and geopolitical features bordering the alignments on 1" = 100' aerial photography for subseque ' - A-23 evaluation and development of the Conceptual Design Plans. The Base Map(s) must include, at a minimum: Number of lanes, signals, crosswalks, cross drains, existing intersections, and drainage easements Street names and highway numbers All pertinent cultural and natural features Locate north arrow, scale and aerial flight date at upper-mid portion of the plan sheets Existing and proposed rights of way and platted property lines All public and private development, as well as archeological or historic sites Significant features which could be impacted by the project, especially wetlands, seagrass locations, and endangered species habitat, floodplain, flood prone areas and navigation channels Hazardous material and petroleum use sites Noise isopleth at 65 dBA Establish logical termini giving consideration to directness, length, and service Utility easements All land use information (names of establishments, etc.); current zoning, future land use (per Comprehensive Plan) for vacant properties New data as it becomes available to keep the Corridor Base Map(s) up to date 3. Conceptual Design Analysis The CONSULTANT shall develop and analyze conceptual Design Alternatives as described in Part 1, Chapter 9-2.3 of the PD&E Manual. The objective of the conceptual design and preliminary engineering analysis is to develop viable Design Alternatives based on standard engineering practice which provide an appropriate highway level of service commensurate with the social, economic, and environmental impacts involved. The CONSULTANT shall recommend to the COUNTY the most feasible Design Alternatives which will maximize the capacity of the proposed facility while providing the COUNTY a safe, environmentally sensitive, route. The design of the proposed improvement shall be established and developed in conceptual form, but in sufficient detail, to permit definitive analysis. The analysis of the Design Alternatives shall identify the nonviable Design Alternatives and provide documentation for rejection. The more viable Design Alternatives shall be further evaluated to a point where Conceptual Design Plans can be developed. 4. Design Alternatives Evaluation and Selection Part 1, Chapter 9 of the PD&E Manual. determine: The CONSULTANT shall identify, develop, and analyze feasible Design Alternatives as outlined in For each Design Alternative, the CONSULTANT shall AC~.~ JUN I I "~ Z0~2 C:~I2)OCUMENTS AND SI~FI INGS",SCOTT_DUuOCAL SETTINGS\'I'F_.MI~RARY ~ ~--CR951 PDE STUDY.DOC A-24 Horizontal and vertical alignment Typical section Preliminary right-of-way costs Preliminary drainage to the extent of identifying required outfalls Traffic data Geometric concepts of intersections, access to recreational areas, and adjacent property Existing and proposed utility location to the extent they affect the decision process Soils data Extent of improvement to all connecting and/or intersecting roads Acreage involved Preliminary structure concepts and locations Location of detention/retention basins as may be required Locations of noise barriers Affect on navigation Other such design features as may be pertinent a. Typical Section Evaluation Typical sections to be evaluated for this project shall include four lane divided typical sections expandable to six lanes, with auxiliary lanes when required for safety and access. In addition, during this phase of the study an evaluation will be conducted to determine the feasibility of accommodating pedestrians and bicycles on the improved facility. With consideration of business and residential development, drainage requirements and environmental impacts, the CONSULTANT will establish the type of design (urban or rural) for the proposed facility. Right-of-way limits, type of facility, level of service, design speed, drainage features, aesthetics, landscaping, existing typical section, and environmental impacts are major points to be considered in the design of a typical section. b. Alignment Alignments shall be refined in conjunction with the typical sections to identify Design Alternatives. Alignments shall be evaluated by using all documented data collected including but not limited to: natural and cultural features, existing and proposed development, maintenance of traffic, hazardous material and petroleum contamination, and right-of-way. Right-of-way estimates shall be prepared on prints of the Corridor Base Map(s). The estimates shall be on four (4) identical sets of prints having the right-of-way lines color coded (existing right-of-way lines in green, proposed right-of- way lines in red). Before preparing these prints, the CONSULTANT and the COUNTY shall jointly decide which Design Alternatives shall be evaluated for right-of-way, business and relocation costs. c. Geotechnical (See 4-B-4-c) d. Structures C:~0CUMENTS AND S/: ri1NGSXNd2OTT_D~I.,OCAL SI: ri INGS\~Y INTERNET FILF. S~OLK$6k$COPE-CR951 PDE STUDY.DOC A-25 -- AG~N[~ ITeM Nv JUN The CONSULTANT shall provide the COUNTY with a Bridge Analysis Report (BAR) in accordance with Section 26.8, Volume I of the Plans Preparation Manual for the viable structural alternatives associated with the chosen alignment(s). 5. Conceptual Drainage Analysis The CONSULTANT shall perform conceptual drainage design in order to determine potential outfall locations and preliminary sizes (volume and area) of required detention and/or retention facilities for storm water treatment or attenuation. The location and size of potential detention/retention areas will be determined for all viable Design Alternatives as necessary to determine preliminary right-of-way costs for each evaluated typical section. In addition, since this project may involve a bridge structure, the following items will be addressed in the hydraulics report: Conceptual bridge length Preliminary vertical grade Close coordination will be maintained within the consultant team during the preparation of the BAR and LHR reports. During the preparation of the LHR, hydraulic modeling will be necessary for the bridges and waterway. The recommended bridge lengths shall be determined based upon the minimum hydraulic structures, environmental length, safety, maintenance, constructability, etc. The intent is to obtain a permittable recommended bridge length which meets project requirements and current bridge design standards and criteria. 6. Cost Analysis The CONSULTANT shall develop cost estimates for each Design Alternative, including: Construction cost estimates for all Design Alternatives including order of magnitude conceptual maintenance of traffic costs. Estimates of right-of-way acquisition costs, including cost estimates for relocations and business damages Estimates of life-cycle costs for operation and maintenance of Design Alternatives 7. Comparative Analysis of Design Alternatives After developing the viable Design Alternatives and costs, the CONSULTANT will prepare a matrix comparing the significant impacts and costs of the Design Alternatives evaluated as described in Part 1, Chapter 9-2.3.7 of the PD&E Manual, with a recommendation of the most viable Design Alternative(s). The CONSULTANT shall present their recommendations to the COUNTY for consideration. The COUNrI'Y will determine which viable Design Alternative(s) will be evaluated ~GEN F_.~ ITE~,4 ~ C:,~mO..~,~S~'~OS~:O~_D,~:,~S~'~NOS,~.~O~"~'~~8~-~Sx~"'~'Y'~ JUN 11 20~2 A-26 I further through the Public Involvement Process and environmental analysis. The possibility exists that the No-Build alternative may be selected at this point. a. The types of information evaluated in this task include: Construction costs - Develop the construction costs estimate; include cost for engineering and contingencies. Right-of-way costs, business damages and relocation costs - Estimates will be prepared to include land value, severance, court awards, settlements, and data relative to business damages. These estimates will be furnished by the CONSULTANT for all viable Design Alternative(s). Maintenance of traffic costs. Engineering Costs - Estimated cost to prepare construction plans and costs for Construction Engineering Inspection (CEI) Relocation Plan - The CONSULTANT will prepare the Conceptual Stage Relocation Plan in accordance with Part 2, Chapter 11 of the PD&E Manual and review will be provided by the COLTNTY. Bicycle Facilities - Identify viable typical sections that accommodate bicycle facilities and evaluate the probable use in comparison with the cost in accordance with Part 2, Chapter 14 of the PD&E Manual Economic Evaluation - Prepare life cycle cost analysis and cost effectiveness analysis, as necessary. Drainage Features - Identify major drainage features and the requirements for obtaining permits inherent in each Design Alternative Environmental Impacts - Analyze impacts, such as air, noise, water pollution, wetlands, seagrass, and floodplain encroachment, 4(f) involvement, etc. Traffic Impacts - Determine LOS for each Design Alternative for design year Utilities - The CONSULTANT shall conduct utility coordination and prepare a Utility Assessment Package in accordance with Part 2, Chapter 10 of the PD&E Manual. Hazardous Material and Petroleum - Evaluate contamination cleanup costs and production delays JUN 1 1 2002 CADOCUM]~S AND SETI'I~GSXSCOTr_IYd.,OCAL SE I-[1NG~'I'EIVlI~3RARY I]~'ERNET FILE, S~OLK86x.SCOP~E-'CR951 PDE STUDY.EX3C A-27 Transportation Plans - Determine conformance with local comprehensive plans, both city and COUNTY b. Proposed Design Alternative Solutions Following performance of the comparative analysis of Design Alternatives, the COUNTY will select the viable Design Alternative (s). The information massed thus far will be the basis upon which the decisions are made. The possibility exists that the No-Build Alternative may be selected at this point. The CONSULTANT will follow the procedures outlined in Part 1, Chapter 9-2.3.7 of the PD&E Manual. c. Conceptual Design Plans After the viable Design Alternatives are selected, the CONSULTANT shall prepare Conceptual Design Plans of the selected Design Alternatives in reproducible form on the Base Map(s). Prints of the Conceptual Design Plans shall be prepared for use in review, at public meetings and for further refinement. d. Final Recommendation of Preferred Alternative The CONSULTANT shall recommend a Preferred Alternative(s) based on a review and analysis of all engineering, environmental, and Public Involvement issues related to the project. C. Engineering Reports The CONSULTANT shall document the results of the data collection efforts and the engineering analysis performed as part of this Scope of Services. The engineering reports and documents shall be prepared as outlined in Part 1, Chapter 9 of the PD&E Manual. The task of documentation includes the preparation of draft reports prepared by the CONSULTANT for review and comment by the COUNTY prior to producing final reports and documents. 1. Base Map(s) The CONSULTANT will prepare the Base Map(s) on aerial photography. 2. Preliminary_ Engineering Report The CONSULTANT shall prepare a Preliminary Engineering Report (PER) to document the Project Development Process. Included in that report will be the typical sections and Conceptual Design Plans of all viable Design Alternatives and the Preferred Alternative(s). The Conceptual Design Plans included in the PER shall be folded to standard size sheets. a. First Draft Preliminary Engineering Report C:~)OC'UMEI~S AND Si=11 INGS'~SCO'I~r_lY'IX)CAL SETTING~TEMPORARY 13rrERNET ~'~o~-CR951 PD£ STUDY.DOC A-28 The information massed thus far shall be submitted in the first draft PER, as outlined in Part 1, Chapter 9 of the PD&E Manual. The first draft PER shall be submitted to the COUNTY for review. The report shall follow the recommended chapter format. b. Second Draft Preliminary Engineering Report The first draft PER shall be updated to reflect all changes resulting from any Alternatives Public Workshop(s) and from the Value Engineering review. The second draft shall be submitted to the COUNTY for review concurrently with the pre-draft environmental reports. c. Final Preliminary Engineering Report Following the Public Hearing, and allowing sufficient time for all comments to be reviewed, the CONSULTANT shall recommend the Preferred Alternative(s) to the COUNTY. Once approved by the COUNTY, the CONSULTANT shall prepare the final PER. This document shall address the engineering issues raised at the hearing and effect disposition of same in coordination with the COUNTY. This action is an important part of the study process and shall involve appropriate CONSULTANT personnel studying these suggestions. Recommendations and commitments must be included. The CONSULTANT shall determine feasible segments for construction projects within the project corridor in consideration of budget, priority needs, maintenance of traffic and the public demand for the improvement. The CONSULTANT shall certify the adequacy and completeness of the final PER. The report shall be signed, sealed and dated by a Professional Engineer registered in the State of Florida. 3. Utility Coordination Package The CONSULTANT shall prepare a Utility Assessment Package as described in Part 2, Chapter 10 of the PD&E Manual. 4. Ix>cation Hydraulic Report The CONSULTANT shall prepare a Location Hydraulic Report (LHR) as described in Part 2, Chapter 24 of the PD&E Manual. The CONSULTANT shall coordinate with the COUNTY to identify any historic maintenance problems involving drainage or flooding. The history and past hydraulic performance should be noted on all structures. The CONSULTANT shall obtain any stormwater management or master drainage plans. The CONSULTANT shall coordinate with FEMA, the appropriate Water Management District and local agencies to determine the project=s consistency with regulated floodways. , ...... AGEND~ IYg~-; A-29 Summarize the LHR in the Environmental Document including, but not limited to the following: Evaluate feasibility and prudence of any Design Alternatives avoiding floodplains Determine the effect the project will have on use of the facility for emergency services and evacuation. Determine impacts of the encroachments to natural floodplain values - flora, fauna, open space, ground water recharge, water quality, etc. (see Paragraph 4(1) of 23 CFR 650A) Based on the above assessment of impacts, determine the risk and significance of the encroachment. The encroachment categories are to be listed in the report. These can be found in the PD&E Manual, Part 2, Ch. 24. The CONSULTANT shall certify the adequacy and completeness of the final LHR. The report shall be signed, sealed and dated by a Professional Engineer registered in the State of Florida. 5. Geotechnical Report (See 4-B-4-c) Task 5 - Federal Funds The CONSULTANT shall investigate the possibility of obtaining Federal funds. The CONSULTANT shall prepare and submit the necessary forms, requests and/or applications as needed for determination of funds availability and pay special attention to discretionary funds which will not count against the allocation of normal funds. Task 6 - FDOT/FHWA Coordination The CONSULTANT shall assist the COUNTY with FHWA coordination including determination of the type of N-EPA documentation and approval process. The Coordination shall be initiated with the Project Scoping Meeting and continue through documentation approval. The coordination is anticipated to require no more than three (3) meetings in Tallahassee to meet with FHWA/FDOT staff. Task 7 - Desiim/Ri~,ht-of-Way Surveys The COUNTY will furnish any right of way survey information necessary for this project. Task 8 - Ri~,ht-of-Way Mapoin~ The COUNTY will furnish any Right of Way Mapping services necessary for this project. Task 9 - Geotechnical C:kDOO_ilvl~.Rq'~ AND Se.l { LNGSLSCOTT_DU.13CAL SE'f'flNGS',~Y IN'TERNET ~--CR95 ! PDE s'rIYDY.DOC A-30 JUN The CONSULTANT will provide necessary geotechnical services for this project. Task 10 - Non-Personnel Reimbursement Expenses and Costs The CONSULTANT shall submit to the COUNTY, as specified in Attachment 2 to Exhibit B, non- personnel reimbursement expenses and costs required to conduct the study. Task 11 - Optional Services Section 106 (Historic and Archaeological) Coordination. If the State Historic Preservation Officer determines the Section 106 Consultation process is necessary, it will be completed as an optional service. Task 12 - Study Requirements and Provisions for Work Ae Governing Regulations The services performed by the CONSULTANT shall be in compliance with all applicable Manuals and Guidelines. The Manuals and Guidelines incorporate by requirement or reference all applicable State and Federal regulations. The current edition, including updates, of the following Manuals and Guidelines shall be used in the performance of this work. American Association State Highway Officials, A Policy of Geometric Design of Highways and Streets 23 CFR 650A 23 U.S.C. Highways 42 U.S.C. 4332(2)(c), popularly known as Section 102(2)(c) of the National Environmental Policy Act of 1969, P.L. 91-190 49 R.S.C. 1653 (f), popularly known as Section 4(f) of the Department of Transportation Act of 1966, P.L. 89-670 The National Historic Preservation Act of 1966 (P.L. 89-665) and Executive Order No. 11593 (Protection and Enhancement of the Cultural Environment) as implemented in Procedures for the Protection of Historic and Cultural properties, 36 CFR 800 The Endangered Species Act of 1973 (amended 1978), 16 U.S.C., (P.L. 93-205) Executive Order No. 11990, Protection of Wetlands Executive Order No. 11988, Floodplain Management Chapter 339.155 of the Florida Statutes 23 CFR 770 23 CFR 771 23 CFR 772 All issuances and related COUNTY Policies and Directives governing the implementation of the previously mentioned regulations Soils and Foundations Manual Highway Capacity Manual, Special Report 209 Chapter 334.24 Florida Statutes AND S~I'rlNGS~-XYI'r_Dq.J~2AL S~I'I1NGSX~Y ~ ~E--CR951 PDE STUDY.DOC A-31 No (~ I.~ IT£1~ 1 I 2002 23 CFR 650A FDOT Structural Guidelines The standards referred to and recommended in the AASHTO and the COUNTY=s Design Criteria related to highway safety shall be used to the extent applicable. The horizontal and vertical alignments developed by the CONSULTANT shall be the best engineering solution to a given problem and not merely and adherence to the minimum AASHTO standards. Bo Project Schedule Within ten (10) days after the Notice-To-Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall provide a detailed project activity/event schedule for the COUNTY. C. Key Personnel The CONSULTANT'S work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. Do Progress Meetings & Reports The CONSULTANT, with appropriate sub-consultants, shall meet with the COUNTY monthly and provide written progress reports and other presentation materials which describe the work performed on each task. Progress reports shall be delivered to the COUNTY concurrently with the monthly draft invoice. Judgments on whether work of sufficient quality and quantity has been accomplished will be made by the COUNTY=s Project Manager. E. Submittals The CONSULTANT shall furnish prints, sepias and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall provide copies of the required prints, sepias and documents as listed below. These are the anticipated printing requirements for the project. The tabulation will be used for estimating purposes. Generally, there are two (2) draft and four (4) final copies for COUNTY review plus the appropriate number for the FHWA & FDOT and permitting agencies. Typical Section Report Contamination Screening Cultural Resources Assessment Survey Noise Study Report Air Quality Report QTY. SHEET SIZE 08 81/2"xl 1" 08 81/2"xl 1" 10 81/2"x 11" 08 8 l/2"x 1 08 8 l/2"x I AND SIr. Fl LNGS',SCO'T'T_D',.LOCAL SETT'[NGS~T'F_3vlJ~R.ARY INTEJU',,P~'T ~-C1~5 t PDE STUDY.DOC A-32 20O2 Listed Species Report Water Quality Impact Wetland Evaluation Report Preliminary Engineering Report Location Hydraulic Report Public Hearing Transcript Comments and Coordination Report Utility Assessment Package Environmental Assessment Section 4(f) Evaluation 0TY. SHEET S173:. 10 81/2"xl 1" 10 81/2"xl 1" 15 81/2"xl 1" 22 81/2"xl 1" 08 81/2"x 11" 10 81/2"xl 1" 10 81/2"xl 1" 05 81/2"x 11" 35 81/2"x 11" 08 81/2"x 11" Upon completion of the study, the CONSULTANT shall compile and deliver to the COUNTY a comprehensive project file including all project correspondence, data, maps, sketches, worksheets, and other materials used or generated during the study process. F. County Services The COUNTY shall provide those services and materials as set forth below: 1. Project data currently on file. 2. Engineering and Environmental Review Services. AND ~.1 11NGSXSCOTT_~ SETTINGSVI'EMPORARY INTERN'ET ~LK86'~SCOPE--CR951 PDE STUDY.DOC A-33 AGF--~DA ITEM .o. JUN I1 20 2 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. BRC-FT-02-03 FOR BETTER ROADS, INC. TO MODIFY RADIO ROAD MEDIAN OPENING BETWEEN INDUSTRIAL BOULEVARD AND COMMERCIAL BOULEVARD TN THE AHOUNT OF $56,827, PROJECT NO. 600'16. OBJECTIVE: To receive Board approval of Work Order No. BRC-FT-02-03 with Better Roads, Inc. for median opening modifications under the terms of the Annual Contract for Roadway Contracting Services #98-2905. CONSIDERATIONS,: Modify Radio Road Median openings between Industrial Boulevard and Commercial Boulevard by removal of approximately 1130 square yards of existing pavement, curb and gutter and sidewalk within the median area. Other modifications include construction of a westbound left turn lane at Corporate Square and the construction of three (3) median islands each filled with concrete to the level of the top of curb and installation of traffic control signs and curb and pavement markings. Below are the costs received from interested contractors as follows: Contractor BASE BID Better Roads, Inc. $56,827.00 Bonness, Inc. $63,912.66 APAC-Florida, Inc. None Better Roads, Inc. submitted the lowest and most responsive base bid in the amount of $56,827.0O.  -~FlSCAL IMPACT: Funds in the amount of $56,827.00 are available in the Road Construction Gas Tax Fund f0~' the Intersection Improvements project. Source of funds is Gas Tax. GROW'FH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners (1) Approve Work Order No. BRC-FT-02-03 with Better Roads, Inc. in an amount of $56,872.00 to modify the Radio Road Median openings between Industrial Boulevard and Commercial Boulevard. (2) Authorize the Transportation ervices Director to sign the work order. SUBMITTED BY: ~~ // Date: ~/l{/~ A. Nyankadau Kc~rti, Prop'ct Manager T.,r. arjs/pT rt~tio n~~ n s Department ~'~'/'.../~./ ~'~..~ / Date: ~'-/)//~ ~ ~' Edward,,~'nt, P.E., Director Transp'~rt~ior',J Oj~eration Department A PPROVEDBY: J/SL/"~"& Date: '~ -~ KIc/man Fader, AICP, Administrator Transportation Services Division BETTE~ RO~DS INC ~62 P~2 MAR PROJECT COST ESTIMATE Radio Road Between Industrial Bird and Commercial Blvd March 12, 2002 RFP 98-2905 Removal of "flex stick" and Bi-Directional Amber Raised Pavement Mad(ers. Removal of approximately 1130 square yar~s of existing pavement with cu~ and sidewalk within the median area. Construction of westbound teft turn lane at Corporate Square and the construction of three (3) median islands each filled with concrete to the level of the top of curb, Installation of Traffic Control Signs and Curb & Pavement Markings all per Drawing CCTO 9 & 9A dated 02-14-02. All spoil material to be removed from job site, Item ~ ~ Uni_...~t UnitCost Extended Cost 1 Mobilization Lump Sum $ 4,000.00 $ 4,000.00 2 MOT Lump Sum $ 4,600.00 $ z~,600.00 3 Install Type "A" Curb & Gutter 1040 Lin. Ft. $ 11.00 4 'install Asphalt Pavement 257 Sq. Yds. $ 47.oo $ ~z,u/~.uu 5 Pavement Removal 1130 Sq. Yds. $ 5,oo $ 5,65o.oo 6 Curb Removal 1270 Lin. Ft. $ 3,oo $ 3,81o,oo 7 Concrete Island Fill 218 Cu. Yds. $ 5o,oo $ lo,9oo.oo 8 Sign Installation 8 Ea. $. liS.00 $ 92O.O0 9 Yellow Curb Paint 940 Lin. Ft. $ .5o $ 47o.oo 10 6" White/Yellow Skip Line 0 Lin. Ft. $ .6o $ o, oo 11 6" White/Yellow Stripe 2770 Lin. Ft. $ .5o $ 1,385.oo 12 8" Yellow Stripe 200 Lin. Ft. $ [.oo $ 2oo.oo 13 18" Yellow Stripe 140 Lin. Ft. $ 2..3o $ 35o.oo 14 18" White Chevron 12 Ea. $ 23.00 $ __. 276.00 15 24" Stop 42 Lin, Ft. $ 3.50 16 Turn Arrow o Ea. $ st). oo. $ _ __O. oo 17 TumArroww/ONLY 3 Ea. $ 2oo.oo $ 6oo.oo Roadway Contractor: Authorized signature: Total Estimated Cost $ 56,827.00 A F- .NpALTEa No. /I ,;.....~.tB-ZOOZ 05:.IBPM F~OI,A'-'BONNESS ]NC +9415977418 T-487 P.0017002 F-Z07 · Date: 3/18/02 8ui~niff. ed T~: Collier County Transpor'u~ion Operations Dept 2705 Horseshoe Dr. S. Naples, FL 34104 199o $~ Nap/es. Florida 34109 (941) 597-6223 ~tx 597-7416 Bid T~Jo: Radio Road Between Inclustrial Blvd. And Commercial Blvd, Bid Num be~, Project LOCal:ion: Radk} Rd. Contact; John Miller Project city, State: Naples, FL. Phone; (941) 774-8494 Fax; (941) 659-5787 Engineer/An=hJtec~: Transportation Services Division Line No. Item No. Item Description Estimated Quantity Unit Unit Price T~tal Prir~ 01 Mobilization 1.00 LS $10,852.17 $10,852_17 02 Maintenance Of Traffic 1.00 LS $4,082.05 $4,082.05 03 Type "A" Curb 1,040.00 LF $10.45 $10,868.00 04 Asphalt Pavemen[ 257,00 SY $39.92 $10,259.44 05 Pavement Removal 1,130.00 SY $12.83 $14,497.90 06 Curb Removal 1,270.00 LF $2.07 $2,528.90 07 Concrete island Fill 1.438.00 SF $4.95 $7,118,10 08 Signage (two-R3-SLJ30"X30", Two-R3-2 1-00 LS $990.00 $990.00 W/R3-4J24'X2_4", Two R3-4) 09 Yellow curb paint 940.00 LF $0.50 ~170.00 10 6" white/yellow s/~ip¢ 2,770.00 LF $0.50 $1,385.C0 11 8" Yellow Stripe 200.00 - LF $0.83 $166,00 12. 18' Yellow Stnpe 140.00 LF $2.20 $308.00 13 24" Stop 42.00 LF $3.30 $138,50 14 Turn Arrow w/only 3.00 EACH $49.50 $148.50 - - Total Bid Price: $63,912.66 Page I of 2 ..OCATION CROSS ST RADIO RD WBLT TO DONNA ST NAPLES Collier Count~ Transoortation Deoartment Traffic Operations Technicians: Luis & Elias Site: 612010020044 Date: 06/13/01 Interval Bq~in PM- WIS 12:00 0 1 12 12:15 0 9 12:30 1 7 12:45 0 0 1:00 0 0 10 1:15 0 4 1:30 0 5 1:45 0 10 2:00 2 2 7 2:15 0 6 2:30 0 4 2:45 0 14 3:00 0 0 14 3:15 0 4 3:30 0 12 3:45 0 i0 4:00 0 0 6 4:15 0 7 4:30 0 7 4:45 0 4 5:00 0 0 13 5:15 0 6 5:30 0 6 5:45 0 6:00 0 9 8 6:15 2 6 I 13 6 8 7:00 5 31 7 7:15 8 8 7:30 7 5 7:45 11 0 8:00 8 20 8:15 4 8:30 4 2 8:45 4 8 9:00 1 26 4 9:15 11 2 9:30 4 4 9:45 10 8 10:00 8 20 1 10:15 4 6 10:30 4 1 10:45 4 6 11:00 7 40 2 11:15 10 0 11:30 9 4 i1:45 14 0 28 29 31 40 24 39 35 20 20 18 14 6 Totals 149 Peak Hour 11:00 Volume 40 Factor 0.71 DavTotal 453 304 2:45 44 0.79 Da.Ia File: RADIO RD WBLT TO DONNA ST Printed: 6/14/2001 Pa~e: I LOCATION CROSS ST CITY Collier County Transoortation Deoartment Traffic Operations Technicians: Luis & Elias ' RADIO RD · EBLT TO INDUSTRIAL BLVD · NAPLES Site: Date: 612010020033 06/13/01 Interval 12:00 AM- EB 0 1 PM- EB llg Day: Wednesday 12:15 0 12:30 0 12:45 1 1:00 I 1 1:15 0 1:30 0 1:45 0 2:00 0 0 2:15 0 2:30 0 2:45 0 3:00 0 0 3:15 0 3:30 0 3:45 0 4:00 0 0 4:15 0 4:30 0 4:45 0 5:00 0 7 5:15 1 5:30 2 5:45 4 6:00 6 45 6:15 10 6:30 11 6:45 18 7:00 8 62 7:15 13 7:30 22 7:45 19 8:00 22 86 8:15 18 8:30 24 8:45 22 9:00 28 116 9:15 30 9:30 30 9:45 28 10:00 26 102 10:15 28 10:30 24 10:45 24 11:00 26 119 11:15 28 11:30 17 11:45 48 26 28 34 30 29 14 26 26 36 34 23 24 27 32 18 16 21 20 16 18 16 8 8 6 2 3 3 3 4 3 6 3 4 9 5 3 4 3 12 32 10 4 6 0 0 0 0 99 119 101 73 50 14 16 21 22 52 0 Totals Peak Hour Volume Factor DayTotal 539 11:00 119 0.62 1,224 685 1:45 122 0.85 Data File: RADIO RD EBLT TO INDUSTRIAL BLVD Printed: 6/14/2001 Pa~e: I [ [ [ [ [ [ [ 08:00 AM 08:30 AM 11:15 AM 11:45 AM 12:15 PM 12:45 PM 01:15 PM 01:45. PM 02:15 PM 02:45 PM 04:00 PM 04:30 PM 05:00 PM 05:30 PM Peak Hour: 04:30 PM 05:30 PM PHF: Pedestrian Movements 07:00 AM 09:00 AM 11:00 AM 03:00 PM 04:00 PM 06:00 PM 07:00 AM 09:00 AM 11:00 AM 03:00 PM 04:00 PM 06:00 PM RADIO.WK4 Turning Movement Counts LOCATION: Radio Rd & Industrial I Donna DATE: 12/22/98 2 19 77 177 76 183 35 930 20 63 525 0.50 0.59 0.88 0.71 0.79 0.69 0.80 0.92 0.56 0.75 0.86 PHF: 0.89 NB/SB 5 7 8 EB/WB 5 7-- 1 Tindale - Oliver and Associates, Inc. Hour 1746 1783 1912 964 886 816 776 734 2099 2106 49 2156 0.94 No. [L~I'~ "-')_ 01/27/99 EXECUTIVE SUMMARY REQUEST THE BOARD OF COUNTY COMMISSIONERS APPROVE CHANGE OF NAME FOR A PORTION OF FORMER RADIO ROAD TO RADIO LANE. (Project # 65031) OBJECTIVE: To implement a street name change associated with a roadway capital construction project. CONSIDERATIONS: Collier County is currently constructing a realignment of Radio Road at its intersection with Davis Boulevard (SR 84). That realignment will result in a relocation of the intersection to a point several hundred feet westerly of its present location. As a consequence of this realignment, a portion of existing Radio Road currently serving several residential developments will be left in place and a new internal intersection will be formed (Attachment No. 1). Staff requests that the existing portion of Radio Road be renamed to Radio Lane to facilitate differentiation of the two streets and to assure clarity for emergency service providers. FISCAL IMPACT: The cost for this requested change will be $184.73 to provide for new street name sign at the internal intersection. Funds are available in Transportation Supported Gas Tax Fund. Source of funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approves the requested street name change and authorize staff to install the street name signs and to notify the appropriate emergency services providers. SUBMITTED BY: Jo REVIEWED BY: Ed'oafrd J. l~Zrati°ns Direct°r Norma~ Administrator .JUN 11 2002 x, x, C~ ~C > P'~M SP~ BLX~---- 2002 A N I~ JUN 1~ ~002 pg ,~ EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 2 FOR $213,490.20 TO THE CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BY CH2M HILL FOR IMMOKALEE ROAD (C.R. 951 TO 43r'l AVE. NE) FOUR LANE DESIGN, PROJECT NO. 60018. OBJECTIVE: To receive Board's approval of the negotiated Amendment No. 1 for $213, 490.20 to the contract for Professional Engineering Services by CH2M Hill for the Immokalee Road Four-Laning Design Project. CONSIDERATION: On May 2, 2000 the Board approved the Contract for Professional Engineering Services with CH2M Hill for the Immokalee Road Four-Laning Design. This Amendment No. 2 to this Contract is necessary to; 1) move the road westerly at the Waterways to limit impact on the existing berm/landscaping; 2) integrate the "Outdoor Resorts of America" development; 3) provide additional specific species environmental services; 4) provide a wildlife crossing at Twin Eagles; 5) incorporate the existing pavement in the design; 6) design a box culvert for the Cocohatchee Canal under Wilson Boulevard; 7) modify drainage and pond sites as requested by the Right-of-way section: 8) provide additional archaeological/historical site investigations; 9) coordinate with Agnoli, Barber and Brundage on their raw water line project; 10) coordinate with McAnlv Engineering on the La Hispania development and 11) reimburse the County for a reduction in the Scope of Work on previous deleted items. These items are outlined in further detail in Attachment 'A'. It is anticipated that this design task will be completed in two (2) months for a total cost of $213,490.20. The newly added design tasks will not delay the actual construction start date.  .X~T SCAL IMPACT: Funds in the amount of $213,490.20 are available in the ransportation Supported Impact Fee District 1 Fund. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 71 is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract and authorize the Chairman to sign the standard County Professional Services A_o,~,~nl and approve the necessa~ budget amendment. 1 SUBMITTED L.~ 1}.~Thorpe, P.E., 'ncipal Project Manager REVIEWED B~/~. ~ ~Yl~fi R/Thorpe, P.E., Pri cipal Project Manager Steve Camell, Director, Purchasing/General Services Nofi~na/n ~E'~. Feder, AICP, Adm~nistrator,~;? ilo, Transportation Division DATE: DATE: :~ ['~' lcd. DATE: AGEND~ l~M JUN 1 1 2002 Project 6001 S/A No. IMMOKALEE ROAD DESIGN PROJECT AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT C.R. 951 TO 43ra AVENUE This Amendment No. 2 to the Agreement (hereinafter referred to as the "AGREEMENT") is made and entered into this day of . 2002, b;.' and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and CH2M Hill, authorized to do business in the State of Florida, whose business address is 4350 West Cypress Street. Tampa, Florida 33607-4178 (hereinafter referred to as the "CONSULTANT" ~. WITNESSETH WHEREAS, COUNTY ~md CONSULTANT currently have a valid Professional Services Agreement for t~-~e m'ovision of professional services for Immokalee Road (C.R. 951 to 43rd Avenue~ the COL. 'TY desires to modify the terms of said AGREEMENT. and towards that cnd 5~ is necessary to provide additional general Construc:~.t,n Engineehng Re-design Services to adWadjust construction drawings due to fight-of-was. proposed developments, regulatory agencies and internal staff, said services more fully described in said Amendments thereto; and W~REAS, COL%'TY and CONS~TA~ agree the addition for Immokalee Road (C.R. 951 to 4? Avenue) General Construction Engineering Re-desi~ Se~ices to ad.adjust construction drawings due to right-of-way, proposed developments, regulatory agencies and internal staff. Re-desi~ of the construction drawings are related ~o the extension of the Construction Contract to the se~ices being contemplated under said AG~E~NT are necessary: and ~GEN~ ~ 2O02 Pa~ 1 of 3 . ~ Project 60018 S/A No. 1 WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONrE 1. CONSULTANT shall provide to COUNTY Professional Engineering Services in accordance with Attachment "A" of this Amendment; as attached hereto. as prescribed in "Man-Hour & Cost Summary", Contract fee adjustments: 2.1 Original maximum contract fee 2.2 S/A No. 1 2.3 S/A No. 2 Current Contract Fee COUNTY agrees to compensate CONSULTANT for services rendered hereunder as outlined in said AGREEMENT. = $ 2,352,928.00 = $ 230,444.00 = $ 213,490.20 = $ 2,796,862.20 3. The schedule for said. PROJECT for Professional Engineering Services for Immokalee Road General Construction Engineering Road Re-design Services are related' to the extension of the Construction Contract, shall be completed in sixty (60) calendar days. New final completion date will be June 30, 2002. Page 2 of ~ 2002 Project 60018 S/A No, 1 4. The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Immokalee Road Project #60018 the day and year first written above. 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: ~,~sistatht Count>.' Attorney By: Witness CH2M Hill (CORPORATE SEAL) Page 3 of 21 AGENDAIT/E, k4 No. JUN 1 1 2002 PCJ. ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR ]2V~,IOKALEE ROAD C.R. 846 [C.R. 951 TO 43RD AVE. NE] PROJECT NO. 60018 Supplemental Agreement No. 2 April 8, 2002 DESCRIPTION Supplemental Agreement No.2 provides for the Consultant's services to be expanded to include the tasks listed below in Part 1 - Scope of Work. Design fees that correspond to these tasks are included in Attachment A. PART 1. - SCOPE OF WORK TASK 1: The CONSULTANT will provide additional engineering services for shifting the north-south portion oflmmokalee Road (Wilson Blvd to 43rd Ave NE) approximately 28ft to the west. It was determined after meetings with the Collier County R/W Department and the Waterways Development Inc. (after the 30% Submittal and prior to the 60% Design submittal) that the proposed widening oflmmokalee Roads impact to the landscaped berm located on the east side of the road fi-om Oilwell Rd to 39 St would be unacceptable. In addition, the relocation of the berm to the east would prove difficult due to the close proximity of the adjacent lake. Shifting the roadway to the west will require additional R/W and caused additional wetland impacts, however the cost analysis showed the realignment would be less expensive than impacts to the berm which was estimated by Collier County R/W Department to be approximately $750,000. Also, the Waterways Home Owners Association would ox~m the property at the time of construction, and any agreements would have to be approve, ~ h,~, ,h~,,~ JUN 11 2002 SA 2 Exp I Pg. ~ Attachment A Immokalee Road Supplemental Agreement No. 2 Page 2 04/15/02 which could impact the schedule. It was agreed by all parties to reduce the typical section and shift the alignment to the west. This task includes meetings, coordination, all engineering calculations, design analysis, and revisions to the Immokalee Road widening 60% plans. Fee: $54,952.31 TASK 2: The CONSULTANT will provide additional engineering services for preparing all the pertinent Construction Plans for the storm water outfall system of Outdoor Resorts of America Inc- Motor Coach Resort of Naples. These plans will include plan/profile sheets, drainage details, cross sections, quantities, and cost estimates. These plans will be included in the Wilson Miller Motor Coach Resort of Naples Plans and will be constructed as part of their facility. This task includes all engineering calculations, design analysis, and revisions required to the Immokalee Road widening plans. These plans will be prepared as a separate stand alone set of documents to be delivered to Wilson Miller for inclusion into their Outdoor Resorts of America Inc- Motor Coach Resort of Naples plans. Work includes providing design plans and estimates for a proposed 30-inch RCP m~tfall gtructure, manholes, conflict structures, box culvert modifications to the existing CR 951 box culvert, and cross sections. Permits and Permit Fees will be required, however they are not included in this agreement and will be the responsibility of Wilson Miller. The Outdoor Resorts of America Inc- Motor Coach Resort of Naples lake system will serve as Pond 1 for the Immokalee Road widening project. Fee: $12,388.73 TASK 3: The CONSU-LTANT will provide additional engineering services for performing a specific species enviromuental field survey and report. A general species survey was performed as pan orth, o~4g~,~l fleld data ooll*ction. An initial aatabase search did not indicate any T&E Species within the proposed project corridor. However, after the irfitial report was produced, USFWCC requested that a specific field investigation (transects at 500 ft) be performed to detect potential Threatened and Endangered Species: namely RC Woodpecker, Panther, and Black Bear. This task includes all field surveys, agency coordination and reports. C:~Documents and Settings\thorpe_l',Desktop~YNN C-Drive\60018 Im Wilson-Design',SA 2 Exp l.doc 4/15/2002 A preliminary species investigation along with a database search was included in the original scope of work, however a species specific investigation was excluded as shown in Section 4.08.7 of the Original Contract. Unless a known species exists within the corridor this task is typically performed as an additional service. This approach was discussed and a 'ced tn b-¥ Collier County/Dick Harm, ell. AO~,.bl .t~ No. ~ ~ ~I"'~ I 2002 Attachment A Immokalee Road Supplemental Agreement No. 2 Page 3 04/15/02 Fee: $6,343.83 TASK 4: The CONSULTANT will provide additional engineering services for preparing a wildlife crossing just west of the TwinEagles entrance. This structure is being analyzed and designed for Bonita Bay Group as part of their agreement with USFWCC. Due to the nature, size and location of the structure, the profile, typical section, drainage design, maintenance of traffic, access plan, and striping of Immokalee Road required modification. The wildlife crossing will be a CONSPAN structure, and will be designed by CONSPAN. Only coordination with CONSPAN is included as part of this agreement. A geotechnical investigation was also required for the structure and costs are included in this a.greement. Although this scope of work and fee is being performed as part of the Immokalee Road Contract, the County will be reimbursed by the Bonita Bay Group for the design fees and construction cost as part of the R/W settlement. The Bonita Bay Group is also allowing a portion of their R/SV south oflmmokalee Road to be utilized as a storm water pond. The initial design and location of the pond facility may be modified by the Bonita Bay Group as long as the performance intent is maintained. CH2M HILL will not be responsible for the redesign of this facility if modified by the Bonita Bay Group. Fee: $34,945.87 TASK 5: The CONSULTANT will provide additional engineering services for modifying the proposed profile and typical section of Immokalee Road (along with related plans) to allow the utilization of existing pavement for the future westbound lanes. Per the original Contract, the existing pavement for Immokalee Road was to be removed Section 4.05.4 (this approach was discussed with Collier County staff). However, during the course of design it was determined that the existing pavement could potentially be utilized by providing a overbuild layer of asphalt (range 3" - 1' 2"). A geotechnical investigation (random pavement cores) was conducted and verified the feasibility of the design. The existing pavement could utilize "over build" and be widened using black base. The constructability of this type of widening was discussed with County staff. Although the cost analysis shows no net materials cost savings, the utilization of existing pavement will reduce the construction time of the project. Changes to the 90% Plans will be required, including typical sections, drainage, profile, cross sections, maintenance of traffic, utility adjustment plans, structure plans, and the permit. The cost of the initial geotechnical investigation as well as additional corings is included in the estimate. C:~Documents and Settings\thorpe_l~Desktop~,LYNN C-Drive\60018 Irn Wilson-Design'SA 2 Exp 1.doc 4/15/2002 AGENDA No. JUN 11 2002 pg. Attachment A Immokalee Road Supplemental Agreement No. 2 Page 4 04/15/02 Fee: $73,165.69 TASK 6: The CONSULTANT will provide additional engineering services for designing a box culvert for the Cocohatchee Canal under Wilson Blvd. The original scope of work did not include a box culvert at this location due to the fact that the BCB improvements to the Cocohatchee Canal should have replaced the culverts, either with 4 new 48" culverts or a new box culvert or CONSPAN. After design began, initial discussions with the SFWMD - BCB revealed that they would not be replacing the culverts and that they wanted the County to design and construct the replacement facility. In addition, any modifications to this crossing would require a drainage analysis and box culvert replacement (not pipes). The BCB would share in the design and construction cost of the new box culvert. This would be negotiated with Collier County as part of the R.fW. and Cocohatchee Canal relocation agreement. This task includes all agency coordination, drainage analysis, no-rise certification, and box culvert design. Fee: $11,853.84 TASK 7: The CONSULTANT will provide additional engineering services for modifications to the drainage system and pond design as requested by Collier County R/W department. During the R/W acquisition phase it was determined by Collier County R/W Department that the utilization of certain parcels and the configuration of stormwater ponds needed to be revised to minimize impacts and costs. The relocation and reconfiguration of the ponds caused changes to the drainage systems and relocation and reconfiguration of numerous ponds. An environmental field review was required to determine potential wetland impacts. This task includes meetings, coordination, environmental field surveys, all engineering calculations, design analysis, and revisions to the Immokalee Road widening 90% plans and Permit. Fee: $16,750.61 TASK 8: C:~Documents and Settings~,thorpe_l'~Desktop"&YNrN C-Drive\60018 Im Wilson-Design\SA 2 Exp l.doc 4/15/2002 The CONSULTANT will provide additional engineering services for performing an archaeological/historical site field investigation as required by the State Historic P~ :servaticm Officer (SHPO). N o~Ofi-~ .t~l__~t JUN 1 1 2002 Attachment A Immokalee Road Supplemental Agreement No. 2 Page 5 04/15/02 At the time of original contract negotiations, it was determined by Collier County/Dick Hartwell that a archaeological/historical site field investigation might not be required by SI-IPO, as there had been no recorded archaeological or historic sites recorded within the project area. Unless a known site exists within the corridor, this task is typically performed as additional services. This approach was discussed and agreed to by Collier County/Dick Hartwell. However, our request to waive the filed survey was denied by SHPO. Mr. Hartwell recommended a sub-consultant - Robert Carr/Archaeological and Historical Conservancy Inc. who was familiar with the area and would be acceptable to SHPO. CH2M HILL retained Mr. Carr's services and he performed a field investigation, wh/ch uncovered the Lee Tidewater Cypress Logging Tram Bridge (8CR823). This site required additional investigation and documentation. This task includes all field surveys by our subconsultant, agency coordination, site documentation, and reports. Fee: $11,810.71 TASK 9: The CONSULTANT will provide additional engineering services and coordination with the Agnoli, Barber, and Brundage (ABB) raw water line project and inclusion/modifications to the Immokalee Road Plans. ABB was authorized by Collier Count)' to design plans for constructing a 12" raw water line from Collier Blvd (CR 951) to Pipers Road. The utility has since been constructed. CH2M HILL included this raw water line (shown as existing) in the 90% Plans. The existing utility is displayed on the plan/profile sheets, cross sections, and utility adjustment sheets. The addition of this line also causes the need for conflict structures for the Pond 2 outfall. This task includes meetings, coordination, field reviews, design analysis, and revisions to the Immokalee Road widening 90% plans. Fee: $3,474.66 TASK 10: The CONSULTANT will provide additional engineering services and coordination with the McAnly Engineering "La Hispania" Site Development Project. C:'~Documents and Settings\thorpe_IXDesktopXLYNN C-Drive\60018 Im Wilson-DesignXSA 2 Exp l.doc 4,/15/2002 McAnly Engineering prepared a site plan for the La Hispania Development which was within the future R/W of the Immokalee Road widening project. As a result CH2M HILL had to modify the typical section of the roadway in that area to include sidewalk adjacent to the curb and gutter, and a gravity retaining wall to reduce the impact to their access road. JUN 1 1 2002 Attachment A Immokalee Road Supplemental Agreement No. 2 Page 6 04/15/02 CH2M HILL provided a project review of the La Hispania plans to coordinate conformance with Immokalee Road Project. Changes were requested, designed and verified by CH2M HILL. The Immokalee Road Plans will show this facility as existing in the 100% Plans. This task includes meetings, coordination, field reviews, design analysis and recommendations for the La Hispania plans, and revisions to the Immokalee Road widening plans. Fee: $3,782.98 TASK 11: The CONSULTANT will provide additional engineering services for preparing median access and fight turn pockets for the future US Homes Development which is to be located on the site of the Naples Quarry. The Immokalee Road widening project will be designed to accommodate the 4 new entrances to the US Homes Development. Changes to the plan/profile sheets, drainage design, maintenance of traffic, access plan, cross sections, utility adjustment sheets, lighting, and si~ing and marking plans will be required. Revision of Permit is included. Although this scope of work and fee is being performed as part of the Immokalee Road Contract, the County will be reimbursed by US Homes for the design fees and construction cost. CH2M HILL will desitin the access of this facility. Any additional re-designs that max' be required on the US Homes entrances, will be an additional cost that will be reimbursed to tile County. This task includes coordination with US Homes to identify their entrance location and maximize efficiency of access points. Fee: $29,961.82 TASK 12: The CONSULTANT will reimburse Collier County for a reduction of the original Scope of Work (See original PSA, dated May 2, 2002). This budget will be reduced from the overall additional cost of Tasks 1-11. A reduction of scope items include: Elimination of Box Culvert Extensions and replacement with RCP. · Elimination of Lighting Design and quantities - Collier Blvd (CR 951) to Wilson Blvd. · 400 hrs of contingency fee included in the original Fee Schedule Fee: (-$45,940.86) PART 2.- PROJECT SCHEDULE: C:~Documents and Settings\thorpe_l'~Desktop'&YNN C-Dr/ye\60018 Im Wilson-Design\SA 2 Exp 1.doc 4/15/2002 JUN 1 1 2002 Attachment A Immokalee Road Supplemental Agreement No. 2 Page 7 04/15/02 The project design schedule for design services shall be: 1. Any modifications to the plans and Permit shall be completed and included with the 100% Construction Plans. Schedule TBD PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Supplement: 1. Services other than those specifically listed above. 2. Services requiring more effort than that listed in the Fee Schedule. 3. Any necessary Permits or Permit Fees C:kDocuments and Settings\thorpe_lkDesktopkLyNrN C-Drive\60018 Im Wilson-Design\SA 2 Exp 1 .doc 4/1512002 JUN 11 2002 Immokalee Supplemental Agreement No. 2 ATTACHMENT A LEAD ENG, DES. SENIOR PROJECT PERMIT ENG./BIO- LEADDES DRAFT CLERK TOTAL CH2M LABOR LABOR TASK REVIEW MGR SPEC. LC)GIST TECN TECH STENO HRS (RAW) COSTS COMMENTS ITlsk 3 To~al Fei ~6~343 82 I TBsk 6 TMal Fee I Lynn_lmmok s~ p pi2_040402/Im mokalee EXECUTIVE SUMMARY APPROVE THE REASSIGNMENT OF COUNTY-OWNED PROPERTY FOR USE BY THE TRANSPORTATION DIVISION AND THE EMERGENCY SERVICES DIVISION. OBJECTIVE: To obtain Board approval for the reassignment of County-owned property for use by the Transportation Division and the Emergency Services Division. CONSIDERATIONS: In March of 2001, the Collier County Board of County Commissioners purchased 7 acres of land along the east side of Santa Barbara Boulevard (legal description and sketch is attached as Exhibit "A") from The District School Board of Collier County for the construction of emergency service facilities. Then, in January 2002 the Board of County Commissioners purchased an adjoining 5.998 acres from the School Board (legal description and sketch is attached as Exhibit "B") for road right-of-way improvements in connection with the expansion of Santa Barbara Boulevard from 4 to 6 lanes (Project No. 62081). The 7-acre site is located in the southwest corner of the Bembridge Planned Unit Development (Bembridge PUD), located just north of Davis Boulevard on Santa Barbara Boulevard, while the 5.998-acre site occupies a portion of the northwest corner of the Bembridge PUD. In order to maximize the utility of the combined 12.998 acres and establish the most feasible access plan for the future County facilities, the Transportation Division and the Emergency Services Division will require the areas to be reassigned. To effect this change, we shall relocate the 7-acre emergency service facilities site to the northwest corner (legal description and sketch is attached as Exhibit "C"), and 5.888 acres of the transportation services related site to the southwest corner of the Bembridge PUD. The remaining 0.11- acre portion of the 5.998-acre transportation services related site will remain in the northwest corner for road right-of-way purposes. (The legal description and sketch identifying the transportation services related area is attached as Exhibit "D".) FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners approve the reassignment of 12.998-acres of County-owned land for use by the Transportation Division and the Emergency Services Division, as identified in Exhibits "C" and "D", attached hereto. AGEN[~ I'~ No. Il c, lb .IUN 1 1 2002 Executive Summary Reassignment of County Property Page 2 SUBMITTED BY;, ~ -~-'-~-~-~ ~-c~ J. Keith Gomez, Acquisitit~S~pervisor (_.. Transportatieh J~Jght-Of-Way Office REVIEWED BY~:evin j~endri~s' Right-Of-~yff~l'anager Transportation Right-Of-Way Office Ewing McM1~haei, P.E., Project Manager Transportation Engineering and Construction Management Department Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management Department REVIEWED BY: ~ ~;]~ /']"- ~,-)-/~''~'''E''''/ ~'"";'~5¢'r"- DATE: ~t~Ce~n El~right, Commander Emergency Medical Services Department REVIEWED BY: ~,~---- ~'~ Jeffje'~g~, Di re (Jto/of Operations ~enneth Pineau, Interim Administrator Emergency Services Division APPROVED BY: ~orman E. Feder, AICP, Adh~inistrator Transportation Division DATE: DATE: DATE: AG. ENFAb 11 2002 PUBLIC WORKS ENGINEEIC1NO DEPARTMENT 3301 ltAs'r TAMIA.MI TPddL NAPLII,q, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PII.0JitCT NO.. PARCEL NO... FOLIO NO... COMldIIJqCINO ATTHE 8OUTHWIIET CORNIIR OF 81tCTION 4, TOWNEitfP 511 llOUTH, RANOII 26 llAllT, COLLIER COUNTY, IFLORIDAi THENCil NOnTH 0 DItORIIB8 14 IvllNLrI~8 52 BItCONDB WIlET ALONG TI. IR 'WRBT ~ Gl* RAID llIICTION 4, A DIBTANCII Glt 1195.411 FIIBT; THRNCR NOR'IIi lid DBOKRR8 43 MINUTBE,0I 8BCOND! BA~'. ~ DIETANCll OF 60.00 PI~BT TO TIlE POINT OF BgOINNING; THENCE NORTH 0 DIIORliEB 14 MINU'I~8 52 llllCOND8 WBET, A D18TAhI. C]t OF 39~.76 PEB'Il THENCE NORTH 89 DIIORIIE8 40 MINUTE8 03.81ICOND8 EAllT, A DI~rANCll OF 40.00 FIlBT~ THItNCE NORTH 0 DBORIII~ 14 MINU'IIiEJ2 BIlCOND[I IVIIET, A DIETANCll OF !04.17 ]~EilTI TI4.RNCll NORTH Iii DI~OREE8 45 MINUTIIR 01 8BCOND8 RA~T, A DISTANCE OF 408.21 FEET; THIINCB 8OUTH 0 DROREEll 14 MINUTItll 53 8ECONDll ltA~T, A DISTANCE OF 502.47 PlIET; THENCE 8OUTH iii DBOItlIIt8 43 MINUTBB 0l 811CONDll WEST, A DI[ITANCR OF 50.95 FilET; THIlNCII NORllt 0 DIIORltEB 11 MINUTEIt 01 llECOND.q WE~T, A DISTANCE OP 30.00 FilIlTI TH]~NCII 8OUTH i~ DEGIUIB8 41 MINUTE8 0n RItCOND8 WIIBT, A DiETANCII OF $57.:19 PEIIT; THIINCE llOUTH 0 DltORIIE8 14 MINUTIIli 52 8ECONDll EAST, A DISTANCE OF 30.00 FEET; 'IItE~CR 8OUTH 8ti DEORIIILq 43 MINLrlli8 0! 81tCOND8 WEli'r, A DI~'rANCB OF 40.00 FEET TO THE I~OINT O1~ BRGINNINC]; 8AID DitECIUBED TIt. ACt CONTAINING 7.000 ACRE8 (~04,11:10 SQU)~RE FEET) MORII OR LEES. ' EXHIBIT PROFESBIONAL LAND BURVEYOR-FL.. REG. # 2408 PUBLIC WORK8 ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAaT TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 2002 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXH nrr= _ 1.000 ExHIB GENERAL NOTE8 1) P.O.O. - POINT OF OOMMLSNOEMENT 2) P.O,B · POINT OFBEQINNINO I) leO. · BEOTION 4J 7WP. - 'tOW~IHIP ~) wW · RIGHT OF WAY ?) ALI. DI~I'~NOEJ ~ Iff FEET AND DEOIMALB THEREOF l) NOT VALID UNI.~9I IIt~NE~ AND 8EALED WITH THE F-MBOBSED SEAL OF A PROFEBBIONAL LAND 8URVEYOR OOTOBER 31, 2000 8BAREM8 SHEET 2 OF 2 2002 TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N 19036'57"E 30347 l 5.998 ACRES 4O.OO' 3fi~ 17' 60B.21' SCHOOL PARCEL LEGAL DESCRIPTION COMMENCE AT THE WEgT QUARTER CORNER OF SECTION 4, TOWNSHIP 50 SOUTll, RANOE 26; EAST COtIlilP. COUNTY, FLORIDA, THENCE N 8~'36'$7" E 6~3 00 FEET TO THE POINT OF BBOIN~INO; THENCE CONTINUE N l~'36'57" E 40.00 fEET; T}IENCll S 00" 14'52' E 110,00 FEET; THENCE N 89'36'57" E 303 47 FEET; TII~CE S 00~0'12" E T71.48 FEET; THENCE $ Sg'4Y01' w 3o~.17 FEET; THENCE N 00' 14'5Z" W 1~$.13 FEE'f; TIqh'NCE ~ It}'40'0)' V,/40.00 FI~ET; THENCE N 0'14'5Z' W 6~7.'/6 FEPT TO TIlE POINT Of laEOINNINCI. CONTAINNINO 5.~{¢[ AC~E8 MORE OR LE~S. GENERAL NOTES 1) P.O.C. =, POINT OF r~OMM~NCEMENT 2) P.O.B. - POINT OF BEGINNING 3) EEC. - 8ECTION 4) TWP. · TOWNSHIP 5) ROE. · RANGE 6) R/W = RIGHT OF WAY' 7} ALL DIETANCEE ARE IN FEET AND DECIMALS THEREOF O) NOT VALID UNLESS SIGNED AND SEALED WFrH THE EMBOgSED S.EA~ OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE COLLIER COUNTY PUBLIC WORI(s 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 OCTOBER g, 2001I SBBOD SHEET 1 OF 1 AG, I~NIDA JUN I 1 TRANSPORTATION ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34112 (239) 659-5773 SKETCH OF DESCRIPTION NOT A SURVEY N 89~36'57~E 60.00' w,,,COR. SEC 4, TWP 50 S RGE 26 E P.O.B. 303.98' 343.47' EM S. PARCEL ?.O90 ACRES 430," N 89'40'03"E 40.00' 5g'?' $ 89~4~'(8' W 339.51' SCHOOL PARCEL LEGAL DESCKIPTION COMMENCE AT THE WEST QUARTER CORNER Or SEC IIDN 4, TOWNSII1P $0 SOUTH. RANGE 26; EAST COLLIER COUNTY, FLORIDA, THENCE N 89°36'57~ E 60 ~0 FEET TO THE EAST RIG}FI- OF WAY LINE OF SANTA BARBARA BOULEVARD: THENCE S 00°14'52, E ALONG SAID EAS3 RIGHT OF WAY LINE 120 00 FEET TO THE POINT OF BEGINNING; THENCE N ~9~36'57'' E 343 4'I FEET; THENCE S 00"000'12" E 928 3! FEET; THENCE S 89°4Y08' W 339.51 FEET; THLENCE N 00' 14'52' W 50.00 FEET; THENCE N $9"40'03' E 40.00 FEET; THENCE N O0° 1,1'52' 9.' 300 013 FEET; THENCE S[9'40'03' W 4000 FEET; THENCE lq 00"14'$2' W ~'/7 76 FEET TO THE POIN'I OF EEGINNINO CONTAINING 29'/,920 SQ. FT. OR 7.O0~ ACRES MORE OR LESS, GENERAL NOTES 1) P.O.C. · POINT OF COMMENCEME]'~ ~) P.O.la. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL OISTANCES A~E IN F~ET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SE/M. OF A PROFESSIONAL LAND SURVEYOR EXHIBIT P~le .__L._of PREPARED BY: .-- / ~.~.~/.,Z..~._.~.'-.,.~ .-.'..~.~_d_' ..~. ,, ............. ~EORGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 MAY 15, 2002 SBAE SHEET 1 OF 1 AOF N, rr v JUN 11 2002 Pg TRANSPORTATION ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORDA 34112 (239) 659-5773 SKETCH OF DESCRIPTION NOT A SURVEY P.O.C. WEST 1/4 COR. SEC ~t. TWP 50 S ~ RGE 26 E 40' ' f ~,~ TRANSPORTATION PARCEL "B" 60' $ ,9~o'o3 40.0o] -~:__d ~"~769 '~ N gg°43'08"E339.51' P.O.B. ~.._~--- .~57.2~' ao.oo ,N 119°43'OR"E 308.04' TRANSPORTATION PARCEL "A" 256,d73 SQ,FT OR 5.888 ACRES ~ S~89 ~43'08"W 50.95' LEGAL DESCRIPTION (TRANSPORTATION PARCEL "A' & "B") COMMEq'gCE AT TIlE WES'I QUARTER CORNER OF SECTION 4, TO%k%'SbI1P 50 SOUTH, R.~NGE 26; EAST COLLIER COLIN'TV, FLOKiD,~, THENCE S TOWNSHIP .'tO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORID..M THENCE N g9~43~8" E 60.00 FEET TO TI{E EAST RIGHT OF W ~Y LINE OF SA.N'I A BARBARA BOULEVARD AND 'J-HE POINT OF BEGINNI]~G: THENCE CONTINUE N 89~43~)~' E 339.5 t FEET; THENCE N 00~00'12' %' 154.91 FEET; THENCE N 89~43~' E 30~ 04 FEEI; T]-[I~NCE S 00" lg'52' E 502 67 FEET; THENCt:. S g9'43~$' W ~0.95 FF_~'T; THENCE N 00~11~" W 30 00 FEET; THENCE S ~9"43'08' W ~.~7.29 F~ET; THENCE S00'14'52' E ]0 O0 FEET; THENCE S $9"43'08~ W 40 00 FEET TO SA/D EAST RIGHT OF WAY LI3qE: TH]ENCE ALONG SAiD F. AST RIGHT OF WAY LINE N 00~14'52 347 76 FEET TO THE PO/N'T OF CON'rAINING 256,4?3 SQ. FT. OR $.~88 ACRES MORE OR LESS, TOGETHER WITH: THE NORTH ! 20 FEET OF THE EAST 40 FEET OF THE 9,~t. ST 100 FEET OF Tile SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 F. JkST, COLLIER COUNTY, FLORIDA, CONTAINING 4,~00 SQ FT OR il0 ACRES MORE OR LESS GENERAL NOTES 1} P.O.C. = POINT OF COMMENCEMENT ! 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. == TOWNSHIP 5) RGE. = RANGE 6) Ft. NV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF B) NOT VALID UNLESS ,SIGNED AND SEALED WFTH THE EMBOSSED SEAL OF A PROFESSIONAL LA.ND SLIRVEYOR EXHIBIT COLLIER COUNTY PUBEIG':WOFI~<$' 2685 HORSESHOE DRIVE SOOTH NAPLES, FLORIDA 34104 : TO SCALE MAY 23, 2002 SBCTY SHEET I OF I 2002 EXECUTIVE SUMMARY AUTHORIZE AMENDMENT TO CAMP DRESSER AND MCKEE, INC. GOLDEN GATE WELLFIELD RELIABILITY IMPROVEMENTS DESIGN CONTRACT IN THE AMOUNT OF $20,000. OBJECTIVE: To amend the existing design contract to provide for Site Development Plans and water quality analysis of Golden Gate Wellfield well sites. CONSIDERATION: Five Tamiami Aquifer Golden Gate Reliability wells are at the 100% design stage; however, the Land Development Code requires Site Development Plan approval on these essential service facilities. Redundant water supply is critical and the planning effort will be undertaken on a parallel path with the bidding phase of the project. FISCAL IMPACT. Source of funds is Water User Fees. Funds are available in project 70066. A budget amendment will not be required until the bidding for the construction is complete. The existing contract is for $169,000 and the requested $20,000 increase exceeds the 10% policy limit and requires Board of County Commissioners approval. GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. These are reliability wells and the South Florida Water Management District consumptive use allocation will not be increased. RECOMMENDATION: That the Board of County Commissioners authorize amendment of the existing Golden Gate Wellfield Reliability design contract to Camp Dresser & McKee in the amount of $20,000. PREPARED BY: /~t,,..,__ c) ,~ ~.~.,,_ _ Project Manager JQ_~ L. McGee, P.E., REVIEWED BY: - Ro~ ~derson, Director Engineering Department ~VIE~D BY: C/~~~~' / Paul Ma~usch, Director Water Dep~menl ~omas G Wides, in'rim Public Utilities Administrator DATE: ..5-/'~ ~ /a'Z- DATE: DATE: DATE: ¢?"~ WORK ORDER # CDM-FT-01-02 Amendment 1 Agreement for Fixed Term Utilities Engineering Services Dated April 10, 2001 (Contract #00-3119) This Work Order is for professional engineering services for work known as Golden Gate Wellfield Reliability Improvements The additional work is specified in the proposal dated April 12, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CDM-FT-01-02 is assigned to Camp Dresser & McKee, Inc. Scope of Work: Task Task Task Task Task Task Task A - Design and Permitting B - Bidding Services C - Construction Administrative Services D - Operation and Start-up Services E - Additional Services F - Site Development Plans(SDP) G - Water Quality Issues Schedule of Work' Complete work within 60 days from receipt of the Notice to Proceed authorizing start of work. Compensation' In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). SERVICES Original Fee Amended Fee Type Tasks A through D $144;000 Task E $25,000 Task F SO Task G $0 Subtotals $169,000 $7,500 $12,500 $20,000 Lump Sum T&M T&M T&M TOTAL FEE $ 189,000 Any change within monetary authority of this Work Order made department appr. oval will be considered an additional service and Schedule "A" of the Agreement. PREPARED By: /.~,~..~ d [ ~L, McGee, P.E. Project Manager /Pa~lTMatt. a~usch..;.~ate.~r Dept. Director ~ And~rT~Dire ct° APPROVED BY: .,~'~ T~i'omas G. Wi~'es, Interim Utility Administrator ACCEPTED By: Thomas M. Missimer, Vice President subsequent to final charged according to Date Date Date CDM consulting engineering construction operations Missimer 8140 College Parkway, Suite 202 Fort Myers, Florida 339t 9 Tel: 941 432-9494 Fax: 941 432-9453 April 12, 2002 R U. E. D. '02/ PI 15 P f/2:01 Mr. James McGee, Ph.D., P.E. Collier County Government Public Utilities Division - Engineering Department 3301 E. Tamiami Trail, Building H Naples, Florida 34112 Subject: Authorization Request for Preparation of Site Development Plans for New Lower Tamiami Aquifer Production Wells and Analysis of Wellfield Water Quali~ Problems Dear Dr. McGee: In response to your request during our meeting on Monday, March 18, 2002, we have prepared a scope and estimated cost for assisting Collier County, on two work items: 1) preparation of site development plans for five new Lower Tamiami Aquifer wells in the Golden Gate Estates area, and 2) assistance in the analysis of wellfield water quality problems. A brief description of the work to be accomplished for each project is given with an estimated project budget. The work would be accomphshed on a time and materials basis at the billing rates established in the continuing services contract bet-ween CDM and Collier Count'. The overall project cost would not exceed the upper limit without specific authorization by Collier Count-y. When 80% of the upper limit budget has occurred, CDM will inform Collier County in writing. Site Development Plans CDM will develop site development plans for five new Lower Tamiami Aquifer wells in the Golden Gate Estates area. The scope of work includes, but is not limited to preparation of a site development plan(s), and setting up and attending meetings with the Collier County Planning Department. Site development plans will include applicable plan and section views of each of the five well sites suitable for submittal to the Planning Department for review. The estimated upper limit cost for this work is $7,500. Assistance on Water Quality Evaluations of the North Collier County Water Treatment Plant CDM will provide technical assistance to evaluate the production of sediment from production well #5 and assist in the evaluation of a wellfield water quality problem as requested by Collier County staff. The scope of work includes, but is not limited td the following items: 1) requesting the Florida Department of Environmental Protection to allow a temporary discharge of water from well #5 into the ground and/or into the Golden Gate Canal system, 2) analyze water quality, changes in the wells an~ C:'~y Doc~mem,~2002 Worl~295\3~i{3~it;2 oo: James McGee, Ph.D., P.E. April 12, 2002 Page 2 recommendations concerning strategies to solve the problem, 3) recommend any remedial action to repair well #5 if deemed necessary, and 4) work with the plant operators to assist in developing operating protocols based on the changes in water quality. The upper limit cost for this work is not to exceed $12,500 without approval of the Count. The total work authorization is not to exceed $20,000. If you have any questions with regard to the scope and budget of this work authorization, please contact Kirk Martin or me. Very truly yours, Thomas M. Missimer, Ph.D., P.G. Vice President CDM Missimer TMM/~ J AC~NDA IT£~ NO.~/~ e.. j I JUN 1 12002 C:~'ly DooJmem$~002 Work~6295L352361t-2 aoc A. Date: 05/17/02 B.Vendor: Camp Dresser 8: Mckee C. PO No. 106217 D. Dept.: PUED E. Cost Center: 273511 F. Bid No. 00-3119 G.Change Order Number: #2 Type of Change A. Increase: [] B. Decrease: [] C. Closeout: [] D. Quantity: [] E. Other: F. Budget Accoum # Reason for Change: Description of Change/Amount Amount of Increase: $ 20,000.00 Amount of Decrease: $ Amount to be closed out: $ [.Se~On mA secfi°n IIIA MUST BE COMPLETED FUND COST CENTER. OBJECT CODE PROJECT 412 273511 631400 70066 [Sectionm · LENE DESCRIPTION QTY. UNI'I' L3I AMOUNT PRICE Increase SDP 5 Golden Gate Reliability Wells 1 7.500 T&M 7,500 ~nalvsis 1 12.500 T&M 12,500 Water Quality, [Section IV. . . .SECTION IV MUST BE:COMPLETED [ A. Original PO Amoum B. Current PO Amoum I C. New PO Amount 169,000. I 169,000. ~, 189,000. D. % this Change E. Cumulative % of all Change order %. % F. Date of Change Order Approval (if applicable) Board Approval Date Agenda Item Number: REQUESTED BY ] TELEPHONE NUMBER Jim Mcgee 1530-5345 DEPT APPROVAL (SIGNATURE) [ DIVISION ADMIN. APPROVAL (SIGNATURE) EXECUTIVE SUMMARY APPROVE AMENDMENTS TO AGREEMENTS WITH FLORIDA POWER & LIGHT COMPANY PERMITTING THE CONSTRUCTION OF A 16-INCH RECLAIMED WATER MAIN WITHIN FPL POWER-LINE RIGHT-OF-WAY BETWEEN RADIO ROAD AND DAVIS BOULEVARD - TRANSACTION COST SHOULD NOT EXCEED $30.00. OBJECTIVE: That the Board of County Commissioners approve and authorize its Chairman to execute the attached Second Amendment to License and Second Amendment to Agreement with Florida Power & Light Company (FPL) which permits the construction of a 16-inch reclaimed water main within the limits of FPL's power-line right-of-way between Radio Road and Davis Boulevard. CONSIDERATION: In 1987 the County determined it necessary to run two 12-inch sewer lines within an FPL power-line right-of-way between Davis Boulevard and Radio Road, approximately one mile in distance. The north one-half mile of the power-line right-of-way is owned by FPL in fee simple. The south one-half mile was owned by Moon Lake Development Co. of Naples (Moon Lake) with FPL having a right-of-way easement over the west 110 feet. On July 31, 1987, the County secured a 50-foot-wide utility easement from Moon Lake along its westerly boundary and within FPL's easement for installation of the pipelines. FPL would not grant an easement, but on September 30, 1987, did provide the County with a 20-year License for installation of the sewer lines within its property and with an Agreement consenting to the sewer lines installations within the right-of-way easement area crossing Moon Lake's property. In 1997, the County installed a 16" reclaimed water line within the same area and secured Amendments from FPL to the License and Agreement for that purpose. Project Number 74035 is identified in the Wastewater Master Plan for increasing flows to the North/South interconnect and includes the construction of a second 16-inch reclaimed water line between Radio Road and Davis Boulevard. As was the case in 1997, it will be necessary for the County to again secure Amendments to the License and Agreement from FPL for this purpose. FISCAL IMPACT: The cost associated with this action is estimated to be in the amount of $30.00 for recording the documents. Sufficient funds for this purpose are available in the current budget under the Sewer impact Fee Fund (413), N-S Interconnect - Radio Road/Santa Barbara Project (74035). GROWTH MANAGEMENT IMPACT: related to this action. There is no impact to the Growth Management Plan .0. I(o e.. JUN 2002 PG._, ~ EXECUTIVE SUMMARY Amendments to Agreements with FPL Page 2 RECOMMENDATION: That the Board of County Commissioners: 1. Approve and authorize the Chairman to execute the attached Second Amendments to License and Agreement for construction of a 16-inch reclaimed water main within FPL's right-of-way between Radio Road and Davis Boulevard; and 2. Authorize staff to record the Second Amendments to License and Agreement in the Public Records of Collier County, Florida. ~(~ M. Srr~th, Property ~,cquisition Sl~ecialist Property Acquisition & Construction Management FacilTties_Ma~ag e ment Department REVIEWED . ~.~ DATE: Ton~A. Mo~ Crope~ ~siti~n Supervisor Prope~y Acquisition & Construction Management Fa¢ities Management Depad~ent REVIEWED BY: ~¢~ ~'~~5~-- ~~ DATE: Charles E. Carrington, Jr., ~A, ~nager Prope~y Acquisition & Construction Management Facilities Management Depa~ment REVIEWED BY: ,:¢'.;. o~ Skip Camp, Director Facilities Management Depa~ment REVIEWED BY: APPROVED BY: arw~Ciuber, Senior Project Manager Public Utilities Engineering Department Thomas G. Wides, Acting Administrator Public Utilities Division DATE: DATE: 5'. 28 .o~._. ,0. [~, J U N I i SECOND AMENDMENT TO LICENSE ,'HIS SECOND AMENDMENT TO LICENSE entered into this ~ day of 2002 at Naples, Collier County, Florida by and between FLORIDA POWER and LIGHT COMPANY, a Florida Corporation, whose mailing address is 700 Universe Boulevard, P.O. Box 14000, Juno Beach, Florida, 33408, hereinafter referred to as the "Company" and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as the "County". WHEREAS, the COMPANY and COUNTY have previOusly entered into a License dated September 30, 1987; and WHEREAS, the COMPANY and the COUNTY are desirous of amending said License; and WITNESSETH NOW THEREFORE, in consideration of the covenants provided herein and other valuable consideration, the parties agree that the said License is hereby amended as follows: 1. In addition to the uses permitted under the Agreement COUNTY may construct a new sixteen-inch (16") reclaim water main adjacent to the existing twelve inch (12") main in the Florida Power & Light right- of-way. Said sixteen-inch (16") reclaim water main shall be constructed as per Hole Montes, Inc. drawing dated April 9, 2002, called Project 2002.025. Drawing marked Exhibit "A" and attached hereto and made a part hereof. 2. Except as expressly provided herein, the License remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the COMPANY and COUNTY have hereto executed this Second Amendment to License the day and year first above written. AS TO THE COMPANY ")ATED: FLORIDA POWER and LIGHT COMPANY WITNESSES: (1) Signature Printed/Typed Name (2). Signature Printed/Typed Name BY: Printed/Typed Name AS TO THE COUNTY DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Appro, y~d as to form and ELLE~ '~ ~H~'DW~L.L Assistant Coun~ AHorney HOLE MONTES ENG~NYERS PLAt#~RS SUF~EYORE EXHIBIT.,, Page ,I of 950 £nco~eWay NaDles. Florida 341 t0 Ptxm~ 941.25,4 2000 Fax: 9,11 2542099 HM PROJECT #2002025 4/9/2 REF. DWG. #B-3787 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.02~'30'44"W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 50.05 FEET TO A POINT 50.00 FEET SOUTHERLY OF, AS MEASLrRED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN N.89°58'42"W., PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 2619.94 FEET TO A POINT 25.00 FEET EASTERLY OF, AS MEASURIED AT RIGHT ANGLES TO. THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89*58'42"W., PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 20.02 FEET TO A POINT 5.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN S.02°25'32"W., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6. FOR A DISTANCE OF 105.00 FEET; THENCE RUN N.87°34'28'%V. FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN S.02°25'32"W., ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 10.00 FEET; THENCE RLrN S.87°34'28"E. FOR A DISTANCE OF 5.00 FEET TO A POINT 5.00 FEET EASTERLY OF. AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RU~'N S.02°25'32"W., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 2567.79 FEET TO A POINT 5.00 FEET EASTERLY OF. AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6: THENCE RUN S.02e26'53"W., PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6. FOR A DISTANCE OF 2677.48 FEET TO A POINT 75.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO. THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6~ THENCE RUN S.86°51 '25"E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 10.00 FEET TO A POINT 15.00 FEET EASTERLY OF. AS MEASURED AT RIGHT ANGLES TO. THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6; THENCE RUN N.02°26'53"E., PARALLEL WITH THE WEST LINE OF THE SOLrIHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 2677.60 FEET TO A POINT 15.00 FEET EASTERLY OF, AS MEASURED AT PdGHT ANGLES TO. THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN N.02°25'32"E.. PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 2673.20 FEE]' TO A POIN'I 6000 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN S.89°58'42"E., PARALLEL WITH THE NORTH LINE OF THE NORTHE:\ST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 10.01 FEET TO A POINT 25.00 FEET EASTERLY OF. AS .MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6: THENCE RUN N02°25'32"E.. PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6. FOR A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING: CONTAINING 1.234 ACRES, MORE OR LESS THIS PROPER'Iq' IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AS BEING .'~ ~9=>8'4£"\V. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION L~ a~ 5 72 THOMAS J. GARPdS PL.S ~3741 gl ATE OF FI.OR/DA Fort Myers Venice Englewoog EXHIBIT JUt~ ~ ~2oo~' { ~._.-~' SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT entered into this __ day of 2002 at Naples, Collier County, Florida by and between FLORIDA POWER end LIGHT COMPANY, a Florida Corporation, whose mailing address is 700 Universe Boulevard, P.O. Box 14000, Juno Beach, Florida, 33408, hereinafter referred to as the "Company" and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Flodda 34112, hereinafter referred to as the "County". WHEREAS, the COMPANY and COUNTY have previously entered into an Agreement dated September 30, 1987; and WHEREAS, the COMPANY and the COUNTY are desirous of amending said Agreement; and WITNESSETH NOW THEREFORE, in consideration of the covenants provided herein and other valuable consideration, the parties agree that the said Agreement is hereby amended as follows: 1. In addition to the uses permitted under the Agreement COUNTY may construct a new sixteen-inch (16") reclaim water main adjacent to the existing twelve inch (12") main in the Florida Power & Light right- of-way. Said sixteen-inch (16") reclaim water main shall be constructed as per Hole Montes, Inc. drawing dated April 9, 2002, called Project 2002.025. Drawing marked Exhibit "A" and attached hereto and made a part hereof. 2. Except as expressly provided herein, the Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the COMPANY and COUNTY have hereto executed this Second Amendment to Agreement the day and year first above written. AS TO THE COMPANY FLORIDA POWER and LIGHT COMPANY DATED: WITNESSES: (1) Signature Printed/Typed Name (2). Signature Printed/Typed Name BY: Printed/Typed Name ASTOTHECOUNTY DATED: ATTEST: DWIGHT E. BROCK, Cle~ BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Appr/e~ed as to form and '"'ELLEN T. CHADWELL Assistant County Attorney HOLE MONTES EXHIBIT . rage I o! ... 950 Encore Way Naples, Fl~la 34110 - Pt~ne: 941 254.2000 · Fax 941.254.2099 HM PROJECT $$2002025 4/9/2 REF. DWG. #B-3787 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 6, TOg~NSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COLrNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.02°30'44"W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 50.05 FEET TO A POINT 50.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN N.gg°58'42"W., PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 2619.94 FEET TO A POINT 25.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6 AND THE pOINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N89°58'42"W., PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 20.02 FEET TO A POINT 5.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN S.02°25'32"W., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 105.00 FEET; THENCE RUN N.87°34'28"W. FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN S.02°25'32"W., ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 10.00 FEET; THENCE RUN S.87°34'28'E. FOR A DISTANCE OF 5.00 FEET TO A POINT 5.00 FEET EASTERLY OF. AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN S.02o25'32"W., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 2567.79 FEET TO A POINT 5.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO. THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6; THENCE RUN S.02°26'53"W., PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 2677.48 FEET TO A POINT 75.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6; THENCE RUN S.86~51 '25'E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 10.00 FEET TO A POINT 15.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, TIlE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6: THENCE RUN N~02°26'SY'E., PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 2677.60 FEET TO A POIN-I' 15.00 ~a:ET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST QUARTER OF SAID TION 6; THENCE RUN N02°25'32"E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID ,JTION 6, FOR A DISTANCE OF 2673.20 FEET TO A POINT 60.00 FEET SOUTHERLY OF. AS MEASURED AT RIGHT ANGLES TO. THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN S.89°55'42'E., PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 10.01 FEET TO A POINT 25.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN N.02~25'32"E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING: CONTAINING 1.234 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS. KESERVATIONS OR RESTRICTIONS OF RECOKD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUN'I~[', FLORIDA, AS BEING N.89°58'42"W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 -~. BY o~x ~ P.L.S. #374 I THOMAS I. GARRIS STATE OF FLORIDA Na~es Fort Myers Venice Englew~od JUN EXHIBIT, Page ~ 4~f NC.' .~ JU~ ~ 1 2002 PC,. ~ EXECUTIVE SUMMARY APPROVE A RESOLUTION IDENTIFYING THE PLEDGED REVENUES AND AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR TO SUBMIT AN APPLICATION FOR AN ESTIMATED LOAN OF $8,258,000; EXECUTE ALL DOCUMENTS RELATED TO THE STATE REVOLVING FUND NUMBER WWG 120597160 FOR THE NORTH COUNTY WATER RECLAMATION FACILITY, FLOW EQUALIZATION SYSTEM, (PROJECT No.73077). OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a resolution identifying the revenue source for the repayment of the State Revolving Fund (SRF) loan and to provide the Public Utilities Administrator the authority to execute various loan documents and any future amendments. CONSIDERATIONS: On December 11, 2001, the Board approved Resolution No. 2001-494, adopting the North County Water Reclamation Facility (NCWRF) Flow Equalization System Facilities Plan; authorized submission of this plan to the Florida Department of Environmental Protection (FDEP); and authorized the Public Utilities Administrator to carry out the County's responsibilities under the loan program. After the Facilities Plan submitted by the County was accepted by the FDEP, staff proposed and the Board adopted Resolution No. 2002-119 on February 26, 2002, authorizing declarations of official intent with respect to reimbursements from note and bond proceeds of temporary advances made for payments prior to issuance, and other related matters, for the NCWRF, Flow Equalization, project No. 73077. An SRF loan for $8,258,000 excluding the capitalized interest of $64,000, was requested from the Florida Department of Environmental Protection (FDEP) to finance the construction costs involving NCWRF Flow Equalization System. This amount represents the estimated project cost for construction broken down as follows: Construction, Demolition, and related procurement: Contingency Technical Services during Construction Start Up Services Loan Repayment Reserve $6,337,000 $634,000 $951,000 $95,OO0 $241,000 $8,258,000 Public Utilities has been notified that the request for inclusion has been granted and the project has been placed on the SRF priority list. n0. /& ff--- .....~. JUN 1 1 2002 SRF is a low interest loan averaging 3.2% compared to higher rates in the open market. Public Utilities has already applied for four other SRF loans in the past and this is the fifth application. To expedite execution of all the legal documents, this proposed Resolution designates the Public Utilities Administrator as the authorized representative to apply for a loan, to provide the assurances and commitments required by the loan application, to execute the loan agreement, and to provide assurances of compliance with loan program requirements after approval by the County Attorney. The resolution also identifies the pledged revenues for the repayment of the SRF loan as the Collier County Water - Sewer District net operating revenues and wastewater system development fee. Since this project is related to growth, it is Public Utilities intention to use the wastewater impact fees as the source of funds for the repayment of the SRF loan. This project is also one of the requirements to satisfy the April 10, 2001 FDEP Consent Order. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The expansion of the NCWRF is consistent with the County's Growth Management Plan and the County's 201 Wastewater Plan. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the attached Resolution to authorize the Public Utilities Administrator to submit a loan application for an estimated loan of $8,258,000; to execute all documents related to the state revolving fund number WWG 120597160 for the North County water reclamation facility, project No. 73077. Date: Prepared By: Bala M. Sridhar,P~ ~t]ub ic Utilities Senior Accountant Reviewed By: p.~4, ~ Date: Peter Schalt, PMP, Project Manager Public Utilities Engineering De_p,~ment Approved By: '~/~;~-~Q~. f"'"~~-~ Date: Thomas G. Wides, Interim Administrator Public Utilities Division No. ~ ~"G JUN 1 I 2002 RESOLUTION NO. 2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING EFFECTIVE DATE WHEREAS, Florida Statues provide for loans to local government agencies to finance the planning, design administration and construction of water pollution control facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. WWG 120597160 as eligible for available funding; and WHEREAS, Collier County, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, that: SECTION 1. The foregoing whereas clauses findings are incorporated herein by reference and made a part hereof. SECTION 2. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District is authorized to apply for a construction loan to finance construction of the North County Water Reclamation Facility (NCWRF) Flow Equalization System. SECTION 3. The revenues pledged for the repayment of the loan are the Collier County Water-Sewer District's net operating revenues and Wastewater System Development fees. SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby designated the authorized representative to provide the assurances and commitments required by the loan application. SECTION 5. The Division Administrator of the Collier County Public Utilities is hereby designated as the authorized representative to execute the loan agreement, which will become a binding obligation in accordance with its terms when signed by both parties. The Division Administrator of the Collier County Public Utilities is authorized to represent the Collier County Water-Sewer District in carrying out the Collier County Water-Sewer District's responsibilities under the loan agreement. The Division Administrator of the Collier County Public Utilities is authorized to delegate responsibility to appropriate staff to carryout technical, financial, and administrative activities associated with the loan agreement. SECTION 6. The legal authority for borrowing these moneys to construct this Project is Chapter 88- 499, Laws of Florida (a special act) and Section 403.1835, Florida Statutes. SECTION 7. Conflicts. All Resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 8. Severability. If any Section or portion of a Section of this Resolution is determined by a court of competent jurisdiction to be invalid, unlawful, or unconstitutional, such a finding shall not invalidate or impair the validity, force or effect of any severable parts of this Resolution. SECTION 9. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND DULY ADOPTED after motion, second and majority vote in favor of passage by t4 Board of County Commissioners of Collier Count),, Florida, this day of ~ 2002. ATFEST: DATE: DWIGHT E. BROCK, Clerk BY Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT BY JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficie.ncy: Tom Palmer. ~ Assistant County Attorney JUl~ 1 1 2002 EXECUTIVE SUMMARY APPROVE CHANGE ORDER TO CONSTRUCTION MANAGER-AT-RISK CONTRACT FOR SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION IN THE AMOUNT OF $139,241, CONTRACT 00-3171, PROJECT 73949 OBJECTIVE: To provide payment and performance bonds for this project. CONSIDERATIONS: On October 9, 2001, the Board of County Commissioners approved Amendment 1 to the Construction Manager-at-Risk Contract 00-3171, with Montgomery Watson Americas, Inc. (MW) for construction management-at-risk services. Amendment 1 established the Guaranteed Maximum Price (GMP). MW is required by contract to obtain bonds from sub-contractors for their portions of the work. During negotiations of the GMP, it was proposed that bonds in the full amount of the contract could effectively be achieved by combining the sub-contractors' bonds with MW's bond for the remaining balance of the contract amount. The GMP was approved based on this approach. Upon subsequent legal review, it was determined that the project must be bonded by MW for the full amount of the contract. This was confirmed by the County Attorney's Office. The cost to bond the entire project is $201,096. Montgomery Watson included $61,855 in the GMP to cover this cost. The change order amount is for the difference of $139, 241. Original Guaranteed Maximum Price This Change Order Amount Revised Guaranteed Maximum Price $ 38,954.395 $ 139,241 $ 39,093,636 No-cost items in this change order consist of a 75-day time extension and clarifications to the contract. The additional time is for delays in receiving the Florida Department of Environmental Protection (FDEP) construction permit. The 75-day time extension pushes the substantial completion date beyond the compliance deadline in the April 10, 2001 FDEP Consent Order: however, FDEP staff has indicated that they are amenable to revising the consent order deadline accordingly. FISCAL IMPACT: Funds in the amount of $139,241 are budgeted for this project and available for this change order. The source of funds is Impact fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2001 Wastewater Master Plan Update as adopted by the Board on December 11, 2001, under Agenda Item 8(A). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve, and authorize the Public Utilities Engineering Director to execute a change order to in the amount of $139,241. to Montgomery Watson Americas, Inc. Project 73949. ~'G. [ Executive Summary Approve Change Order to Montgomery Watson Americas, Inc. Page 2 SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Alicia Abbott, E.I., Project Manager Public Utilities Engineering Department DATE: ~/34~D--- Karl W. Boyer, P.E., Principal Project Manager Public Utilities Engineering Department DATE: ~"/$o/~ ~__ Roy B':' Anderson, P.E., Director Public Utilities Engineering Department Joseph B. Cheatham, Director Wastewater Department Thomas G. Wides, Interim Administrator Public Utilities Division DATE: JUN 11 200 _PG. ~ CHANGE ORDER TO: Montgomery Watson Americas, Inc. 490 Sawgrass Corporate Parkway, Suite 300 Sunrise, FL 33325 Project Name: SCWRF 16 MGD Construction Construction Agreement Dated: October 9, 2001 Change Order No.: 1 FROM: Collier County Government 3301 East Tamiami Trail Building H, 3rd Floor Naples, FL 34112 Bid No.: 00-3171 Date: April 24, 2002 A) B) C) Revise Contract Completion Dates as noted below due to delayed issuance of construction permit by Florida Department of Environmental Protection (FDEP). The original Notice to Proceed (NTP) identified a commencement date of October 1,2001. An interim NTP limited the work that could begin until receipt of the FDEP permit. Final authorization to proceed on all work was approved for April 15, 2002. As identified in Attachment 1, MWH letter of February 27, 2002, the delay to the project in receiving the DEP permit is 2.5 months or 75 calendar days. Incorporate Contract Amendment #1 issued by County Purchasing Department on February, 15, 2002 clarifying the Contract terms and conditions. Refer to Attachment 2. Contract Amendment # 1. Additional cost for Montgomery Watson Americas (MW) performance bond on entire project. Previous MW bond was only on part of project in accordance with contract negotiations between Coun~' and MW. Cost increase is difference between $201,096 for bonding entire project and $61,855 for bonding only MW direct purchased items, which totals $139,241. Refer to Attachment 3 consisting of a County letter of April 17. 2002 with an invoice for the contract bond and three pages from MW Guaranteed Maximum Price (GMP) proposal dated September. 2001. Original agreement amount .............................................................. $38,954,395.00 Sum of previous change orders amount ............................................... $ -0. This Change Order Amount ............................................................ $ 139.241.00 Revised Agreement Amount ............................................................ $39,093,636.00 Original Contract Time In Calendar Days Adjusted Days Due to Previous Change Orders This Change Order: Adjusted Time Revised Contact Time in Calendar Dm,s Substantial Completion Substantial Completion 16 MGD Balance of Plant Work Final Functional System Completion 760 910 970 760 910 970 75 75 ~5 835 985 104I,, Original NTP Date: October 1, 2001 Completion Date Based on Original Contract time Substantial Completion 16 MGD Functional System November 1,2003 Revised Completion Date January. 15, 2004 Substantial Completion Balance of Plant Work March 30, 2004 June 13,2004 Final Completion May 28,2004 Augustl2,2004 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of. or related to, the change set forth herein, including claims for impact and delay costs. Accepted by: Accepted by: '~~/-'/k....~ Date: H. ~r~pp~0~,'P.E. Design Profess/b~al, Hole Montes. Inc. ~ Date :__ Ben Emerson, P.E., Vice President Montgomery Watson Americas, Inc. Approved by: Alicia Abbott, Project Manager Public Utilities Engineering Department Date: Approved by: Roy Anderson, P.E. Public Utilities Engineering Director Date: Authorized by: JosetSh B. Cheatham v Wastewater Department Director Date: l AG£~DA I T£1~. I"' JUN 1 1 002 PG. 4 February 2'7, 2002 Collier County Government 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Attention: Tom Wides Reference: Collier County South Reclamation Facility Expansion Subject: Schedule Analysis Dear Mr. Wides: I wanted to thank you again for meeting with Mark Swatek and me in December of last year and follow up on some of the topics we discussed. During our meeting, Mark offered to have a schedule analysis performed on the subject project. We have completed this schedule analysis and offer the following comments. 1. The Aeration Basin is on the project schedule's critical path. The permit delays have negatively impacted this schedule by two and a half months. 2. The window of good weather to perform the excavation and below grade work was also reduced by two and a half months. We are still evaluating the impacts of this delay; however, the imminent start of the rainy season may negate the opportunity of working in low ground water conditions. 3. A review of the concrete production now required reflects peak performance for 2 months at 380 cubic yards per week. This is aggressive and further compression of that production is not recommended. 4. A review of the rain days reflects that the 30 rain days included in the 31-month schedule will be needed based on average National Weather Bureau Data_ Unusual inclement weather is not currently factored in the schedule. 5. The current schedule was structured to stagger the commencemeat of the work of the aeration basins with the work in the area of the clarifier$. This stagger was included in the schedule as much to allow our subcontractor to complete the Phase One work for the Equalization Tank as to stagger the mobilization of subcontractors in order to level resources and for space allocations. As you can see from the summary of activities analyzed, we must recommend at a minimum that the project schedule be adjusted on a day for day basis to offset the permit delay that was incurred. Some negative impact in production may be realized as a result of starting and stopping the work but we are confident that this impact a can be minimized. We are encouraged by Collier County's efforts in expediting the necessary approvals to proceed with the project on an unrestricted basis. We have lost most of the project schedule float, but are confident that the adjusted schedule can be achieved through true partnering and a lot of hard work. 490 S*~'O~ss Corpora*.e ParLwav Te1:954 846 049~ ::lmr::.:. fi' A ~llgA IT£1~ NO. ~; q JUN 1T-TOOl- PG. ~ If you have any questions regarding this analysis, please do not hesitate to contact the undersigned. Very truly your/S,/~---~ Richard B. Lewis Project Manager cc: Roy Anderson - Collier County Alicia Abbott - Collier County Karl Boyer- Collier County Ron Evans - MWH John Darmody - .MWH Ben Emerson - M~'H JUN 11 002 ATTA~ 2 C"BANGE ORDER 1 Contract Amendment #1 01-3171 - "Construction Manager at Risk - SCWRF 3-MGD Expantlon" This amendment, dated February 15, 2002 to the referenced agreement shall be by and between .the parties to the original agreement, Montgomery Watson Americas, Inc., (to be referred to as "Contractor") and Collier County, Florida (Io be referred to as "Owner"). Statement of Understanding In the Construction Management Agreement: Add: Section 5.C.6: Rental of Engineering trailer and accessory costs, to include, but not be limited to, phone service, portable toilet rental and cleaning. Delete Section 5.E.5: Rental costs of machinery and equipment, except as specifically provided in subsection A. 11 above. In Exhibit A, General Terms and Conditions: Section 4.5 shall be changed to read as follows: Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof certified by Design Professional and approved by Owner for payment, whichever is less, except retainage shall only be held on items in Section B.4 and B.5 of Reimbursable Project Costs Included in Cost of Work. All other terms and conditions of the agreement shall remain in full force, IN WITNESS WHEREOF, THE contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and-seals on the date(s) indicated below. Corporate Secretary/Witness By: ~"~ or~, ,,J Dated: CONTRACTOR MONTGOMERY WATSON AMERICAS, INC. CORPORATE SEAL OWNER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA stephen` y.qCarr~elC,/Purchasing Director Dated: AG£7~ IT[I~ NO. . (~., ~ JUN 1'1 2002 8pm 17 OE OE:57p CC PuDllc Utill%ies E3~-530-5378 p. 1 ATTACHMENT 3 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION ENGINEERING DEPARTMENT 3301 E. TAMIAMI TRAIL, BLDG. 14 NAPLES, FL 34112 (941) 530-5335 SUNCOM 751-5335 FAX: (941) 530-5378 April 17, 2002 Mr. Clifford Pepper IH, P.E. Hole Montes Inc 950 Encore Way Naples, Florida 34110 RE: South County Water R. eciamation Facility Expansion MWH Contract Dear Mr. Pepper: Enclosed please find a signed copy of RPC 2. Also enclosed is a copy of the invoice for performance bonds for this project from Montgomery Watson Harza. Please contact me if you have any questions Regards, Alicia E. Abbott Project Manager AA: aa Encl. ¢c: Karl Boyer, P.E., PUE Principal project Manager Staey Magnus, Malcolm Pimie ~10..~~_ JUN It ti I i i I ! i i i GMP South County Water Reclamatio III JUN 1 1 2002 JUN 11 Z8£ EXECUTIVE SUMMARY APPROVE CHANGES TO THE RECREATION NEIGHBORHOOD APPLICATION AND CRITERIA. COLLIER COUNTY PARKS AND PARK AND TOT LOT POLICY Objective: That the Board of County Commissioners approves policy and procedure changes to Collier County Parks and Recreation Department's application for Neighborhood Parka and Tot Lots. Consideration: The Board previously adopted the Neighborhood Park policy in 1999. The proposed application for a Neighborhood Park and Tot Lot is being amended to define park distinctions between Neighborhood Parks / Tot Lots as requested by the Parks and Recreation Advisory Board, and to adjust the cost of development. Through experience developing neighborhood parks in older neighborhoods such as Naples Park and Isles of Capri, the 1999 costs are not applicable today. For example, the cost of property on the Isles of Capri for a ¼ acre today is $80,000 while the current policy allocates only $60,000 for acquisition of a "neighborhood" park, 3-5 acres in size. As a result, staff is recommending that the Board modify the estimated cost of land acquisition and development of a Neighborhood Park from $95,000 to $250,000. Additionally, the new policy provides a distinction between a Neighborhood Park and a tot lot (playground). A Neighborhood Park, 3-5 acres in size, includes playground equipment, landscaping, walkways, picnic area, open play area, benches and fencing for safety. The Tot Lot Standard (1/2 acre - 1 acre) includes play apparatus, benches, landscaping to code and fencing for safety. The estimated cost for a Tot Lot is $125,000. Should the communities wish to add additional amenities beyond these standards, it would have to be done through a Taxing District. The distinction of the two types of parks will help communities determine which type of park is most suitable for the community. Fiscal Impact: The current policy sets costs for the acquisition and development of a neighborhood park at $95,000. The new policy will increase the total cost (land acquisition and development of a park) to $250,000 for a neighborhood park and $125,000 for a Tot Lot. Currently the Board has budgeted for the acquisition of two parks. This would raise the budget for FY03 from $190,000 to $500,000. General Funds have been used in the past due to the fact that the County typically receives several applications annually from throughout the community and these Parks provide a relief to the community fi'om having to drive to cormnunity parks. The~ l Community Character Study previously accepted by the Board further supports the l~.~! ~ development of these parks. The Board will have the opportunity to review how many of ll/~..~ ~ these parks would be funded during the Board discussion. [~ '"' Growth Management: Neighborhood Parks are not evaluated in the Growth l~-'' -~ Management Plan. l~ '"' Recommendation: The Parks and Recreation Advisory Board and staff recommend that the Board approve the amendment to the Creation of Neighborhood Parks and Tot Lots policy. Prepared by: Department of Parks and Recreation Reviewed and Approved by }r De ment of Parks an :reation Reviewed a~~~~ Approved b Joht~Dunnuck, Administrator ;ion of Public Services DiC/s Date: Date: Date: .~' JUN I I 2002 COLLIER COUNTY PARKS AND RECREATION POLICIES AND PROCEDURES MANUAL EFFECTIVE DATE: SUBJECT: CREATION OF NEIGHBORHOOD PARKS PAGE AND TOT LOTS CATEGORY: NUMBER: PURPOSE: The purpose of this Policy is to create a mechanism by which a neighborhood in Collier Count), may obtain a neighborhood park or tot lot. This policy will establish standards in way of size, facilities and maintenance. POLICY: The Recreation and Open Space Element of the Collier County Growth Management Plan states that neighborhood parks shall be provided primarily by the private sector and City of Naples with the County's focus on larger type parks. The policy would allow Collier County Board of Commissioners to consider smaller parks in areas currently not being served as defined in this policy. 1. Location and Land Criteria: A. Definition of Neighborhood Par'k/Tot Lot: 1. A tot lot is Vt to 1 acre in size and a neighborhood park is 3 to 5 acres in size. 2. The service area is designated for residents in the immediate vicinity of the park. 3. The park is within walking or biking distance of homes. 4. Park may not be within de£med service area of any other County Recreational facility. 5. The site is not for environmental, zoning, or other reasons cost prohibitive. B. Definition of Service Area: 1. The service area for a neighborhood park is within a 1 mile radius of the park location. The service area of a tot lot is 1/2 mile radius of site. 2. An area that is not separated by major arterial roadways or artificial/natural barriers. 2. Facility Standards Below is a list of amenities that will be included in the basic neighborhood park or tot lot package as the standard. These include: Neighborhood Park 1. Neighborhood park playground equipment 2. Landscape to code - Xeriscape 3. Walkway, if needed 4. Fencing, if needed for safety concerns 5. Picnic area 6. Other items as dictated for safety 7. Open green space 8. Benches 9. Irrigation ff needed B. Tot Lot 1. Small play apparatus 2. Landscaping to code 3. Benches 4. Fence, if needed for safety Any additional amenity requested by the service area community will have to be funded either by private donations or a locally supported Municipal Benefit and Service Taxing District. 3. Maintenance Standard - Exhibit A: Upon adoption of this policy, an additional maintenance crew of three (3) people will be added for every five neighborhood par'ks consu-ucted. This crew will be added during the construction of the second park in this rotation. Park maintenance will comply with adopted maintenance standard. 4. Steps In Creating and Implementing the Neighborhood Park Plan A. Planning Outline 1. Parks and Recreation Department must receive a request in writing from a community park committee, homeowners association, or civic association by November 30. 2. Select the location of park and communicate with adjacent land o~xmers. 3. Determine if a neighborhood park or a tot lot will be built including standard amen/ties. Additional amenities or maintenance items will be discussed as desired. 4. Determine the estimated land purchase cost. 5. Complete PAP.AB Agenda Request Form for February meeting. Fax to 353-1002. 6. Present proposal to Parks and Recreation Advisory Board for recommendation using established point system ('Exhibit B). 7. Staff and Advisory Board recommendation presented to Board of Count3' Commissioners as part of the annual budget process. 8. Once the Board of County Commissioners approves the project, financing and construction will occur in the next budgeted fiscal year. 2 Agtnde Iq:em. JUN ! 12002 5. Fundin~ A. Initial land acquisition and park construction shall be funded by private donations or the County Ad Valorem fund. 1. Neighborhood park's approximate cost is $250,000 2. Tot lot's approximate cost is $125,000 B. Maintenance of facilities based on the defined standard level of service shall be funded by general fund dollars. C Any facilities constructed beyond the neighborhood park or tot lot facilities standard shall be funded by either private donations or a Municipal Benefit and Service Taxing Unit. EXHIBIT A MAINTENANCE STANDARDS A. Turf Care - Cut once every, ten working days. Normally not aerated unless turf qualiS' indicates a need or in anticipation of an application of fertilizer. Reseeding or re-sod when major bare spots appear. B. Fertilizer - Applied only when turf vigor seems to be low. Low level application once per' year. C. Irrigation- None. D. Litter Control - Once per week. E. Pruning - As required for health or keep appearance reasonable. With most tree and shrub species, this would not be more than once every two or three years. F. Disease and Insect Comro] - Required only on epidemic or serious complaint basis. Control measures may be pu: imo effect when the health or survival of plant materials is threatened or where public's comfort is of a concerr~ G. Lighting- None. Surfaces - CleanM a,~ required_ Repaired or replaced as budget allows. I. Repairs - Should be 6one whenever safety or functionality is in question. J. Inspections - At least once per week K. Floral Planting - OnJ.~ perennials or flowering trees or shrubs. L. Restrooms - None. M. Special Features - Minimum allowable maintenance for features present with function and safety in mind. 4 EXHIBIT B POINT SYSTEM FOR NEIGHBORHOOD PARKS AND TOT LOTS Please rank the neighborhood park and tot lot request separately, using the table listed below: 1. Location is accessible by walking and biking for the following number of .children in the area. (Circle the one most applicable to your area.) 25 a. 50-100 (5)points) b. 100-250 (10 points) c. 250400 (15 points) d. 400-550 (20 points) e. 550+ (25 points) 2. Size of property 10 3. Property available for sale (10 points) a. Sales price within budget (10 points) 20 4. Zoning Requirements and Permits l 0 a. No wetlands (5 points) b. Zoned residential or public use (5 points) 5. Neighborhood input 30 a. Letter of support from civic association or homeowners association (5 points) b. Adjacent landowners have sent letters of support (10 points) c. Fifty per cent (50%) plus 1 are in favor of a park in their neighborhood (5 points) ri Minutes of the neighborhood meeting showing support for a park (5 points) e. Neighborhood association has a neighborhood watch or security pro.am (5 points) 6. Funding - A donation has been secured (5 points) * Note: Total 100 possible points 50 points required for consideration 100 5 JUN-I 2 ' Lo. /t.t~ | I*g INFORMATION FOR APPLICATION OF NEIGHBORHOOD PARK OR TOT LOT PROCEDURE: 1. Request form submitted by November 30a to the Parks and Recreation Depattmenl 2. ]~resemafico to Parks and Recreation Advisory Board a~ February meeUng 3. Selection by PARAB is mnde by point systtm 4. Proposal presemed to Board of Gomny Commissioners as par~ of budget process 5. When approved by BCC, project is budgeted and constructed in the following fis~l year Srr/.~. NeighborbuodPark recommended 3 to $ aorta ToiLet: t~ommended ~to 1 acre LOCATION: $~'vice ~ is designated for residmts within tim immediate vicinity ofth~ park within walking/biking dis~an~ (within 1.0 nu3e radius for ~eighborbood parks and .5 mflc radius for lot lot) and an area that is not sq~u-alm:l by major arterial roadway~ or artificial/natur~ barriers. The majority of the area is eot within walking distance of any other similar Coumy mairaained recreational facility. The site is not for environmemal or other reasons c~s: prohibitive. NEIGHBORBOOD PARK STANDARDS INCLUDE: Approximate co~ Neighborhood playground equipmem Fence, if needed for safety Landscape (Xerilaape) to code Picaic area Walkway, ifaeedod for mf~T Open play area Iniga~ion, if neeAed Benches TOTLOT RY.M~1DARDS INCLUDE: Approximate cos: $125,000 Play apparatus Landscaping to code ADDITIONAL ~ES: Requests will nen:d to be ~m~ded by p~vate donations or Iomlly supported Municipal Benefit and Service Taxing District MAENTENANC£ gTA_NDARDS INCLLTD£: Approximate cos: $60,000 start up one time, annual p~rsonn¢l $45,000, annual Main~nance $10,000 p~r park. I. TurfCar~ - ~ul once ev~y t~n working day[ Normally not aeratcd unless turfquali~' indicates a need or in antiaipation of an application o£ ftn'tilizer. Reseeding or re-sod wht~ major bare spots appear. 2. Fortilizer-appliedonlywbmmrfvigors~'nnslobelo~'. Low l~vel application on~e per year. 3. Irrigation -non~. 4. Litter Comml - on~ per week. 5. Pruning - as requi~d for health or keep appearanc~ reasonable. With most tr~e and shrub sp~ies, this would not be mort than once every two or three years. 6. Disease and Ins~ Gonrrol - required only on epidemic or serious eomplaim basis. Conlxo] measures may be put into plant matmals is threatened or where public's oom.fo~ is ora eoncer~. 7 Lighting - none. 8. Surfaces - cleaned as requirexL Repaired or replaeexi as budget ali 9. Repairs - should bt done whenever safety or functionality is in qucs-6on. ' 10. Inspec6om - at leas: once per week 1 L Floral Planting - only perennials or flowmngtrees or shrubs. 12. Kes:room~- none. 13. Special Fmvares - minimum allo~able maimeaane~ for features present with function and safety ia mind. FUNDING: 1. Initial land acquisition and park ~onslnaction shall be funded ~' private duna~ions or the Count, Ad Valorem Fund 2. lVlaintmmnct o£fac~i~es based on the defined ~amclard l~v¢l o£ sen, ice shall be funded by Ad Valorem Fun&. 3. Any fadlities cons~ucted b~yond neighborhood park facilities slandards shall be funded by either private ciona~ions or a Municipal Benefit and Service Taxing Unit. POINT S~'STEIVI: 1. Location is a~cessible by walking and biking for thc follo,,~ng number of ~&~ in ~e ~ (C~c ~c ~ ~ ~pli~e ~o y~ ~) ~ 5~1~ (~ ~ims) c. 250~00 (I5 ~) b. 1~2~(10 ~ ~ 400-550 (20~) 2. S~ of~ 3. ~ A~ble ~r ~e (10 ~) ~ ~~d~(lO ~in~) 4. ~ ~ r~i~ ~ ~b~c ~ (5 ~) b. ~ ~ ~ve ~m l~s often (I0 ~in~) ~ Fi~ ~ ~ (~) ~m ! ~ in ~v~ of~ ~ in ~r nei~b~ (5 ~i~) ~ ~ of~e n~~ m~g ~o~g ~n for a ~ (~ ~) e. 550 + (25 pein~s) 25 points 10 20 lO Not~: *100 possible points * 50 points required for consideration G dr~v¢: Neighborhood Parks ~,.co.collier.fl.us APPLICATION FOR NEIGHBORHOOD PARK OR TOT LOT COLLIER COUNTY PARKS AND RECREATION DEPARTMENT Circle one (Neighborhood Park or Tot Lot) DATE Organization/Group Contact Person: Address: Daytime Telephone: E-mail ]Fax: Note: Requests made for the development of a neighborhood park or tot lot will be based on a point system. See attached information sheet. Proposed Park Location: Address: (street, lot number, or closest imcrsection) MAP ATTACHED WITH PARK SITE HIGHLIGHTED Nearest County Maintained Park Facility: Name: Address: Distance from proposed park: .PLF~.SE COMPLETE INFORMATION ON REVERSE SIDE OF THIS SHEE[ 'Agenda · ' I .o.. ?ctrkt and Recreari°n De]'artmert,,330(i Santa Bw.bara Bh.,d., Naples, ~3~p~O,! . 1~.; 2002_ APPLICATION FOR NEIGItBORBOOD PARK OR TOT LOT Page 2 Location is Accessible by walking and biking for the following number o~' children in the neighborhood: Number of Homes in the Neighborhood: Size of the Property (Acreage): Property Available for Sale: a. Sale Price (W'frhln Budget): Zoning Requiremems and Permits a. No Wetlands: b. Zoned Residemial or Public Use : Neighborhood Imput: a. Letter of support fi.om Civic or Homeowners Association: (Please attach) b. Adjacent landowners have sent letters of support (Please attach) c. Fifty per cent (50%) plus one are in favor of a park in their neighborhood: (Please attach) ck Minutes of the neighborhood meeting showing support for the park: e. Neighborhood Association hnu a neighborhood watch or security program: (Please attach) Funding: donation has been secured: EXECUTIVE SUMMARY AUTHORIZATION TO APPROVE AN EXTENSION OF AN AGREEMENT WITH THE SOUTHEASTERN LIBRARY NETWORK (SOLINET) AND PERMISSION FOR CHAIRMAN TO SIG~RAGREEMENT($35,000) OBJECTIVE: To approve an extension of an agreement with SOLINET, the sole source of on-line bibliographic cataloging information and inter- library loan service. CONSIDERATIONS: The Collier County Public Library has purchased cataloging and other bibliographic services (interlibrary loans, retrospective conversion, etc.} for the last twelve years. SOLINET (an OCLC regional supplier} is the sole source for this service in the Southeastern U.S. Our five computer terminals are connected 24 hours per day to their main frame computer in Dublin, Ohio. The original agreement with SOLINET was approved by the BCC on April 15, 1986 and has been extended annually since then. Prices for principal use of the system remain unchanged since the extension was approved last year. Ail other conditions of the original agreement remain the same. FISCAL IMPACT: The total costs for the services provided will be ~--'pproximately $35,000 in FY200~. The On-line Public Access Caualog ~nstalled in 1993 has eliminated the need to purchase catalog cards from SOLINET, reducing our annual expenditure while increasing the number of items processed. Use of SOLINET has allowed the library to process materials that would require an additional six employees (three professional catalogers and three clerical) were we still operating on a manual basis. Funds for this contract are available and budgeted within the Library Grant Fund (129) operating budget. GROWTH MANAGEMENT IMPACT: Level of Service Standards require ~hat the Collier County Public Library provide 1.450 books per capita in the County's Library system. Cataloging must. be provided to allow ready access to the books. Without this contract, it would be impossible to produce this cataloging without a substantial addition to the staff. RECOMMENDATION: That the Board of County Commissioners approve the extension of the agreement with SOLINET and authorize the chairman to sign the extension agreement. PREPARED BY: REVIEWED AND APPROVED BY: Jo]  /.~rarJo~, y Director Dunnuck~ Public Services Administrator No. J U N t 1 CONTRACT A NETWORK OF KNOWLEDGE' MEMORANDUM TO: Director, Collier County Public Library (FNO) FROM: Kate Nevins, Executive Director DATE: April 9, 2002 SUBJECT: Contract Extension The Bibliographic Products and Services Agreement between your institution and the Southeastern Library Network, Inc. (SOLINET) expires May 5, 2002. The present agreement will be extended until such time as a new base contract is negotiated between SOLINET and OCLC. Please reaffirm all of the provisions of the existing agreement by signing both copies in the space below and returning one copy to Susan Parrish at the SOLINET office. Please contact her if you have questions regarding the contract or this extension. EXTENSION AGREEMENT In consideration of the mutual undertakings contained therein, SOLINET and the undersigned institution hereby agree to extend the Bibliographic Products and Services Agreement existing between them until May 5, 2003, or the date of execution of a new Bibliographic Products and Services Agreement between them, whichever date is later. Except for the date of termination of such agreement, SOLINET and institution hereby reaffirm and ratify all terms and provisions of such agreement. BOARD OF COUNTY COMMISSIONERS, SOLINET COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman ATTEST · DWIGHT E. BROCK, Clerk BY: TITLE: Executive Director DATE: April 9, 2002 I 438 WES By: Deputy Clerk Approved as to form and legal sufficiency: Thomas ~. Palmer Assistant County Attorney 09-2955 1.800.999.8558 ,.,, 40.4.892~7879 Agenda- I tl~_~:._..' JUN 2 __ www.solinet.net EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE UTILIZATION OF FOUR ASSISTED LIVING FACILITIES AND TWO HOME HEALTH CARE AGENCIES FOR PROVDING EMERGENCY RESPITE FOR CAREGIVERS OF ELDER CLIENTS, IN AN AMOUNT NOT TO EXCEED $53,106. OlkFECTIVE: To provide the lowest, most competitive cost and most qualified Assisted Living Facilities and Home Health Care Agencies for emergency respite service to caregivers of frail elders in Collier County, according to Purchasing Policies reflected in Resolution No. 435. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 27 years through the Older Americans Act program. A new program under Title mE of the Older Americans Act called the National Family Caregiver Support Program provides for emergency respite services to be provided for caregivers of elderly clients by licensed Assisted Living Facilities and Home Health Care Agencies. A review of existing qualified Assisted Living Facilities in Collier County revealed that there were four facilities, Canterbury House At The Vineyards, Canterbury House At Bonita, Homewood Residence At Naples, and the Aristocrat were willing to provide emergency respite for the cost of $100 per day based on the availability of beds. In addition, there were two Home Health Care Agencies, Accu-Care Nursing Service and Morning Star Nursing Service willing to provide emergency in-home respite service for the cost of $15.68 per hour. Because the services provided are on an emergency basis, it was necessary to have more than one facility and agency available in case other facilities were full or unable to respond in an emergency situation. The Board of County Commissioners originally approved this grant program on February 26, 2002 (Agenda Rems #16D4). This request is to authorize facility and in-home respite care providers blanket purchase orders to fulfill the service provisions of the grant. If more funding is made available additional qualified facilities and agencies may be added. GROWTH MANAGEMENT: There is no growth managemen! impac! from this recommendation. FISCAL IMPACT: The total grant amount of $53,106 was approved and budgeted on Februa~' 26, 2002 (Agenda ltem#16D4) in the Services for Seniors fund (123). There is no additional cost to the County. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners authorize the utilization of the four As,~isted Living Facilities and the two Home Health Care Agencies. r~/~~._y / J/o~rrell, ItOlana~efSenior Program ~erv,ces Reviewed and/-//,'~.~"~'J~,- Annroved by :~/~'J~ ~,/~.~.~~ Date: '-~ ~ Baby Wil~a~ms, Social Services Director Reviewed and Approved by: Reviewed and Approved by: ell, Director of Purc ' g and General Services Date: ~ Dun~uc~ Public ~c. Administ--tor EXECUTIVE SUMMARY APPROVE SUMMER FOOD SERVICE PROGRAM GRANT FOR IMMOKALEE AND NAPLES IN THE AMOUNT OF ~461,900 Objective: That the Board of County Commissioners accept a State of Florida reimbursement grant to provide lunch to children of the County's Immokalee and Naples area summer recreation program. Consideration: The summer food service program was established to ensure that various agencies would provide the same high quality meals during the summer as provided during the school year. The grant offers free meals to children eighteen years and under in areas that qualify under the National School Lunch and School Breakfast Program. Immokalee is one hundred percent eligible for the Summer Food Service: the Naples area varies based on census tract income levels and percentages of students on the National School Lunch Program. Staff has successfully administered the summer food service program for the past eighteen- (18) years through the summer camp program. Last summer the 2001 grant provided 81,754 breakfasts and 104,400 lunches for a total reimbursement of $365,730.00. This summer the program will provide an estimated 60,000 breakfasts and 130,000 lunches. School personnel prepare and deliver the lunches under the supervision of County staff. The County will be reimbursed based on the number of meals served to the children, and the costs of administering the program. Fiscal lmpact: The program is budgeted under the FY2002 Food Grant Fund (119) in the amount of $461,900. The State will reimburse the County for 100% of expenses. Growth Management: None Recommendation: The Parks and Recreation Advisory Board and staff recommend that the Board of Count)' and authorize the Chairman to Date: Date: Date: Commissioners approve the Florida Summer Food Sen, ice Program grant sign the agreement. t/ James R. Thomas. Athletics Supervisor Department of Parks and Recreation Approved by: James Fitzek, Operation Manager ~l~epartment of Pa~ion Reviewed and~//~~ Approved by: _ and Kamsey, I~irector and n Reviewed an~ Approved by: )unnuck, JohI~/E Adm]mstrator Div~iion of Public Services uJ 13:: i< ~u~', ,~ EXECUTIVE SUMMARY APPROVE A RESOLIYFION AND A LICENSE AGREEMENT WITH THE ISLES OF CAPRI CIVIC ASSOCIATION TO DESIGNATE LAND FOR A FUTURE TENNIS COURT ON ISLES OF CAPRL oi~ff~rrlV~: To provide recreation opportuni6es through partnerships with go~mmunity. CONSIDERATION: The Isles of Capri Civic Association recently approached staff about leasing property adjacent to the County Water Plant on Isles of Capri in order to raise funds to construct a community tennis court. The Neighborhood Park Policy does not provide for general funds to build tennis courts; therefore, funds would have to be raised by the community. Recognizing that while the Neighborhood Park Policy provides for acquisition of lands for parks, the utilization of existing County property is more efficient use of County funds. Additionally, the property that is being acquired on Isles of Capri for a neighborhood park is only large enough to add a passive area and a playground. The terms of this agreement provide for a three-year commitment to set aside the property for a tennis court and an additional one hundred (100) year lease once completed. However, if for any reason the Board needs to utilize the property for another use, the agreement provides a termination clause. Should the County need the property after the tennis court is constructed, the agreement calls for a reimbursement of the expenses incurred by the Civic Association. The Transportation Department and the Water Department have both reviewed this request and recognize that there are no conflicts with future master plans since the Water Plant and road are both adequate to serve the community. Should this agreement be approved, the Civic Association would still be required to meet all Land Development Code requirements including landscape variances and conditional uses as identified by staff through a development review process. While no site plans have been developed at this time, the Civic Association has indicated that the court will be available for Association members and will not be lit since it is in a residential community. GROWTH MANAGEMENT: The tennis court would not be inventoried in the Growth Management Plan since it is leased to the Civic Association. FISCAL IMPACT: There is no direct fiscal impact at this time. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign this Resolution and Agreement. JUN 200? PREPARED BY: REVIEWED AND APPROVED BY: REVIEWrED AND APPROVED BY: DATE: n Dunnuck, Public Services Administrator TomSNides, Interim Utilities Administrator ,,~-7~v~-~'. ~ DATE: ~)~L Norman Feder, Transportation Division Administrator A GE N D/-.J~E,~ 2002 :~ 1 2 3 4 6 ? 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 ,~? 48 49 50 52 53 RESOLUTION 02-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND ISLE OF CAPRI CIVIC ASSOCIATION, INC., FOR CONSTRUCTION AND USE OF A TENNIS COURT WHEREAS, Isle of Capri Civic Association, Inc. ("ICCA"), desires to license a portion of County-owned land at 920 Capri Boulevard, Naples, Florida which is owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to construct and operate a recreational tennis court. WHEREAS. the License Agreement provides for an initial term of three (3) years to complete construction of a tennis court, to be constructed and funded by the ICAA. Thereafter, provided the tennis court has been completed at the end of the initial term, there is an automatic extension of thirty (30) years, and thereafter the agreement extends year-to-year until terminated by either party. There shall be no fees charged for use of the licensed premises. WHEREAS, the Board of County Commissioners, in accordance with Section 125.38, Florida Statutes, is satisfied that this property can be licensed for this use by ICCA's and is not needed for County purposes into the foreseeable future. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners of Collier County, Florida, hereby approves the attached License Agreement between Collier County and the Isle of Capri Civic Association, Inc., for construction and use of a tennis court 2. The Chairman of the Board of County Commissioners is hereby authorized to execute the attached License Agreement on behalf of the Board. This Resolution adopted this __ da5' of after motion, second and majority vote in favor of adoption. , 2002 ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COl .l.mR COUNTY, FLORIDA BY: JAMES N. COLETFA, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney J U N-1 1 tO02 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License") entered into this __ day of 2002 between the ISLES OF CAPRI CIVIC ASSOCIATION, INC. ("LICENSEE") whose mailing address is 30 West Pelican Street, Naples, Florida 34113 and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LICENSOR." WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Licensed Premises LICENSOR hereby licenses to LICENSEE the real property described in Exhibit "A" attached hereto and made a part of this License, herein called the "Licensed Premises", situated in Collier County, Florida, only for the purpose specified in Article 2. This License shall not be assigned or otherwise transferred except as may be approved in writing by the Board of County Commissioners, and any attempt to assign or otherwise transfer this License shall be void ab initio. ARTICLE 2. Term of License 1. LICENSEE is hereby licensed for an initial term of three (3) years commencing on July 1, 2002 and ending July 1, 2005 ("Initial Term"), to use the Licensed Premises to raise funds through receipt of donations to fund construction of the subject tennis court, to be constructed on the Licensed Premises. 2. LICENSEE agrees to complete the subject tennis court on or before the July 2, 2005. At that time, or earlier, upon issuance of a Certificate of Occupancy issued by Collier County for the tennis court, LICENSEE shall automatically be granted an additional thirty (30) year term to use the Licensed Premises for the subject tennis court. Thereafter, this License shall extend year to year until terminated by either party in writing delivered to the other party. 3. If not later then the end of the Initial Term (3 years) LICENSEE has not completed the subject tennis court at the Licensed Premises, LICENSOR may grant a reasonable extension of time to complete the tennis court, or may terminate this License and owe LICENSEE nothing. If the tennis court is partially completed at the end of the 3rd year, LICENSOR may opt to retain all right, title and interest in or to the incomplete tennis court, or LICENSOR may demand that LICENSEE remove the incomplete tennis court at no cost to LICENSOR. As used herein "tennis court" includes all improvements (fixtures) made to the Licensed Premises by or on behalf of LICENSEE. 4. The Board of County Commissioners reserves the right to terminate this License, with or without cause, upon one hundred eighty (180) days prior written notice actually delivered to LICENSEE. Said notice shall be effective upon actual receipt by LICENSEE. ff LICENSOR terminates this for the convenience of LICENSOR (not for cause) prior to the fa'st thirty-three (33) years of this agreement, LICENSOR will pay LICENSEE the actual costs of the original construction of the tennis court and other originally installed permanent fixtures, if any, minus straight- line depreciation based on an agreed upon assumed useful life of three hundred and ninety-six (396) months (commencing on July 1, 2002). [As an example, if LICENSOR should terminate this License (except for cause) in the 6* month of the 25* year (to wit, in the 306* month) the payment shall be the original construction costs (incurred during the Initial Term) multiplied by 90/396 (or 396 months minus 306 months).] 5. There shall be no fees charged for use of the Licensed Premises by LICENSEE. ARTICLE 3. Commitment LICENSEE agrees that: Any member of the public may join the Isles of Capri Civic Association and thereby have use of the tennis court as a tennis court. The LICENSEE shall deliver to the Licensor's Public Services Administrator (with a copy to the Water Department Director) the fmal construction schedule not less than thirty (30) days prior to commencement of construction to ensure conflicts do not exist with the regular maintenance of the Water plant facility. When the tennis court is completed, and before the Certificate of Occupancy is issued, LICENSEE shall deliver to LICENSOR the total costs to construct the tennis court. Such costs shall be the basis for reimbursement pursuant to paragraph 4 of ARTICLE 2. Agend~ JUN 1.1 2002 I}9 ,,,,~_~ _ _ LICENSEE shall strictly comply with and any all laws and regulations applicable to fund raising activities and County will not be responsible in any way for any fundraising activities or reimbursements; and Any and all improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations. LICENSEE shall be responsible to pay for and obtain all permits and other applicable permissions to construct the improvements. ARTICLE 4. Indemnity 1. LICENSEE accepts the Licensed Premises "as is." LICENSOR makes no promises that the Licensed Premises are suitable for any purposes. LICENSOR shall not be liable for any injury to any person(s) or to any property caused by the elements or by other persons at the Licensed Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works, or otherwise. 2. LICENSOR shall not be liable for any damages to or loss, including loss due to theft, of any property, occurring on the Licensed Premises or any part thereof, and LICENSEE shall hold County harmless from any claims for damages whatsoever, except if such damage or injury is the result of gross negligence or willful misconduct of LICENSOR or its employees. LICENSEE shall be responsible for the physical condition of the Licensed Premises and shall promptly notify Licensor's Public Services Administrator if any condition occurs to the Licensed Premises that could result in property damage or physical injury to any individual(s) who may be present at the Licensed Premises during any effective term of this License. ARTICLE 5. Default by LICENSEE 1. Failure of LICENSEE to remedy each and every non-compliance with this Agreement within thirty (30) days (or such additional specified time as in the judgment of LICENSOR) is reasonably needed to correct the respective non-compliance) after receipt of the notice to correct, shall constitute a material default of this License, whereby LICENSOR may, at its absolute discretion, terminate this License by giving LICENSEE written notice of the termination. Any of the following events shall constitute a material default by LICENSEE. If LICENSOR terminates this LICENSE for cause, LICENSOR shall owe LICENSEE nothing, and may elect to retain title to all improvements to the Licensed Premises at no cost to LICENSOR. (a). Failure of LICENSEE to promptly deliver to LICENSOR any information requested from LICENSEE by LICENSOR that is in the judgment of LICENSOR is then relevant to this License, including information related to original cost depreciated (per paragraph 4 of ART1CLE 2). (b). Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (c). Violation of any law or any Collier County Ordinance. (d). Failure of LICENSEE to be an active Florida Corporation. 2. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 5, LICENSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all signs from the Licensed Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LICENSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 6. Obliizations be LICENSOR LICENSOR shall have no obligations whatsoever except to the extent expressly specified herein. ARTICLE 7. Notices Any notice which LICENSOR or LICENSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LICENSOR: Board of County Commissioners c/o Real Property Management Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LICENSEE: Isles of Capri Civic Association c/o President 30 West Pelican Street Naples, Florida 34113 A~enla~,t~m,- JUN 1 2002 pg. - _ cc: Office of the County Attorney Administrator, Public Services Each party shall notify the other party in writing of any change(s) of the respective party's mailing address. ARTICLE 8. Surrender of Premises; Future Lease of the Licensed Premises to LICENSEE LICENSOR, at no cost to LICENSOR, may demand that LICENSEE remove all signs installed by or on behalf of LICENSEE immediately upon expiration of this License and shah deliver up and surrender to LICENSOR possession of the Licensed Premises. ARTICLE 9. General Provisions 1. LIC'ENSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Licensed Premises which would interfere with or adversely affect the operation or maintenance of LICENSOR'S operations where any such operations share common facilities or otherwise. 2. Rights not specifically granted the LICENSEE by this License are hereby reserved to the LICENSOR. ARTICI~ 10. Effective Date This License shall become effective upon execution by both LICENSOR and LICENSEE. ARTICLE 11. Governing Law This License shall be governed by, and construed in accordance with, the laws of the State of Florida. IN WITNESS WI-IEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LICENSEE: ISLE OF CAPRI CIVIC ASSOCIATION, INC. DATED: FIRST WITNESS (signature) (print/type name) SECOND WITNESS (signature) (print/type name) BY: (L.S.) NANCY DEVOLDER, President AS TO LICENSOR: DATED:. ATI'F_,ST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: --cp Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLE'I~A, Chairman No. I~ JUN 1 1 2002 Pg. 5,58'53'40"!--_ I~ '' '~ !NON ~ "-'OLLIE.'" "-'OUN''-v PARKS TAN" 5H"'-"- 22 ' BOb'"'" "" D f,',,*., v.' 'z B~ &? L? 'T':.?'-'O,-,RAP~' SUR',": Y .~_ z t, E,'%. :.. , PI~OJFCT NO. EXECUTIVE SUMMARY REVIEW A PROPOSED AGREEMENT WITH THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR PROPERTY TO BE UTILIZED AS BOAT RAMP PARKING IN EXCHANGE FOR MAINTENANCE OF SHELL ISLAND ROAD. OBJECTIVE: To provide safe access to public boat launch facilities and safe access to facilities publicly used. CONSIDERATION: The Florida Department of Environmental Protection has offered to lease property adjacent to the Collier Boat Ramp Facility~ (see map) to the County in order to provide additional parking for boaters in exchange for maintenance of Shell Island Road. The current County boat launch facility provides only 17 spaces for boaters. On weekends, boaters typically fill the parking area then line the unmarked right-of-way along Collier Blvd. with an estimated additional 50-60 vehicles and trailers. This situation presents both a potentially dangerous safety issue for motorists and demonstrates thc need for additional parking at this facility and throughout the County system. Even though thc County is expanding this facility within the next year in conjunction with a lease agreement with the Florida Department of Transportation to eventually add 50 spaces, it is still anticipated that additional spaces will be necessary to accommodate thc growing population of boaters in this community. According to boast registration statistics, the Boat population has grown 20 % over the past 5 years~; however, the County has constructed no new launch spaces since 1992. Thc lease of this property would help allow the County to build approximately 20 additional parking spaces even though the land in question is only 30 feet wide (the current road right-of- way will make up thc balance of needed space). In exchange for the land. thc County will work with the landowners to improve Shell Island Road with a surface that will prolong the life of the road for an additional 10-15 years. Although Shell Island Road is privately owned and will be closed in the evenings (to prevent vandalism), it is utilized by the public during the day. Thc Conservancy maintains a publicly accessible canoe / boat launch facility, and Rookery Bay Reserve provides daily educational programs to 4,000 - 5,000 students and citizens annually. Most of the time, these students are transported to the site by bus, which intensifies thc impact on the road. This issue is further complicated by the fact that the County maintained this road for 20 + years up until approximately 2 years ago when it was determined that it was in fact private and that there was no Board policy supporting the maintenance of the road. Recognizing that there arc limited funds for Road maintenance, the Transportation Department removed this road from its maintenance schedule. In turn, Rookery Bay Reserve has been working on this issue with the County for the past two years to reconsider its position while also seeking grant funding through State resources to Located at the intersection of Isle of Capri Rd. / Collier Blvd. (see map). Based on Vessel Registration transactions recorded by the State. J A GEN~A~ ,...,~~ J5; 11 2G02 J maintain this road. While Rookery Bay Reserve is hopeful about a future grant opportunity, no funding has been provided to date. As a result, the quality of the road has diminished to the point that visitors, volunteer staff, and the school buses are limiting visits to these environmental facilities due to safety concerns. The total cost of the improvement project to asphalt3 (the surface of choice by County Transportation staff) the road is estimated at $150,000, which would be offset by the fact that the potential boat launch land is valued at $100,000. While the cost-benefit does not benefit the County by virtue of dollar value, there is the argument that Shell Island Road serves a valid public purpose as discussed previously. At this point, the Board has several options to consider: o o Direct staff to establish an agreement with the DEP and surrounding landowners, declare a public purpose for Shell Island Road, and authorize the Transportation Department to begin immediate improvements to the Road. Declare a public purpose for the Road due to safety issues, authorize funds for short term improvements (estimated at $20-30K), and request that the land owners develop a long term plan for the road. Do nothing at this time. The final wildcard in this issue is the operation of the boat launch facility presently maintained by the Conservancy. During discussions regarding the road improvements with the Rookery Bay Reserve, Conservancy representatives have indicated a willingness to lease the boat launch facility to the County in exchange for road improvements and maintenance of the launch itself. The addition of this launch to the County inventory (via a long term lease) would significantly enhance the cost-benefit to the County. Boat launch locations are becoming more and more difficult to locate as development continues along the coastal region. GROWTH MANAGEMENT: The Collier Boulevard County Boat Launch is inventoried under the Growth Management Plan. FISCAL IMPACT: Short-term road improvements in an amount not to exceed $30,000 are available in unincorporated general fund reserves. Long-term improvements for the road in exchange for a land lease are available in the general fund, or through borrowing against boater improvement funds. More details would be provided when the agreement is brought forth RECOMMENDATION: That the Board of County Commissioners authorize staff and the County Attorney to prepare an agreement with both Rookery Bay and the Conservancy, and authorize funding from the unincorporated general funds (MSTU 111) reserve for interim improvements to the road (due to its public purpose). 3 Asa printing of this item, staff was working with the permitting agencies and o. wners road surface could in fact be permitted. A report will be provided at the June 11TM meeting.' .... ] (.ff ~"--] PREPAREDBY' /~/- ~~. ,~ra ~/rj~nr~;Fitzek,'(~)pe tionsManager REVIEWED AND APPROVED BY: DATE: Director REVIEWED AND APPROVED BY: DATE: on Operations Director REVIEWED AND APPROVED BY: REVIEWED AND APPROVED BY: DATE: Transportation Administrator DATE: Dunnuck, Public Services Administrator Map Output Page 1 of 1 http:/~g~s.¢~ierappraiser.c-~m~serv~e~c~m.esri.esrimap-F-srimap ?ServiceNam~ccpa-design`... 6/5/2002 EXECUTIVE SUMMARY AWARD AGREEMENTS FOR GENERAL CONTRACTORS SERVICES, PURSUANT TO RFP 02-3349, AT AN ESTIMATED ANNUAL COST OF $1,500,000 TO SURETY CONSTRUCTION, CO., THE CHRIS-TEL. CO, WILLIAM J. VARIAN CONSTRUCTION CO., INC., PROFESSIONAL BUILDING SYSTEMS AND BROOKS & FREUND, LLC Objective: To contract with multiple firms in order to provide general contractor services on an as-needed basis. Considerations;. The Facilities Management Department has a continuing need for general contractor services for minor and medium scale construction and renovation projects. The award of a term contract to pre-qualified contractors allows staff to save both time and the cost of secudng a consultant to prepare bid documents for small-scale construction projects. For projects with an estimated cost of twenty-five thousand dollars ($25,000) or less, staff would obtain a proposal from one or more of the selected firms, negotiate the most favorable project terms and conditions and issue a work order to initiate the project concurrent with procedural approval from the Purchasing Department. For projects more than twenty-five thousand dollars ($25,000) and up to fifty thousand dollars ($50,000), competitive quotes would be solicited from at least three (3) of the selected firms. In the Scope of Work it was stated that at this level County Attorney review would be required. In subsequent discussions between staff and the Attorney's Office, we have mutually determined that the Attorney's Office does not need to review work orders in this dollar range. Above fifty thousand dollars ($50,000) but less than two hundred thousand dollars ($200,000), competitive quotes would be solicited from at least three (3) of the selected firms and staff recommendation will be submitted to the Board for approval after County Attorney review. These general contractor service agreements were originally approved by the Board in 1995 and have proven to be most successful. In accordance with Section VIII B-3 of the County Purchasing Policy, a Selection Committee was formed to evaluate the proposals received. Eight firms responded with proposals to RFP #02-3349. The firms were judged on qualifications and experience of key staff personnel, quality and timeliness on pdor projects, on-staff support capabilities (on-site managers, etc.), financial stability, including litigation (outstanding law suits, etc.) and other relevant cdteda. 2. 3. 4. 5. Surety Construction Co. The Chris-Tel. Co. William J. Varian Const. Co., Inc. Professional Building Systems Brooks & Freund, LLC Staff recommends authorizing the Facilities Management Department to approve work orders as addressed within the summary. The contract pedod is for two years with two one-year renewals, renewable annually at the County's option. The scope of this agreement could also include projects managed by other County Departments. J b N 1 1 p~. Executive Summary RFP #02-3349 Page Two Growth Management Impact: This will not affect the Growth Management Impact. Fiscal Impact~ The fiscal impact associated with this item is estimated to be $1,500,000 annually. Funds for these projects are provided in each of the user division or department budgets or the appropriate capital projects budgets. Recommendation: That the Board of County Commissioners approve the selection of the five firms listed above for annual general contractor agreements pursuant to RFP #02-3349 and authorize the Chairman to execute the agreements after review by the County Attorney's Office. Prepared by: '~_, ..~ ~. ~r.~.~~,7 Date Fred ~. Blatchley Purchasing Agent Reviewed and Approved by: Skip Camp, CFM Facilities Management Director Reviewed and ,~/~ C~rn,e ~~/ Approved by: ~l '~tephen Y. II Purchasing/General Services Director Reviewed and ~ Approved by: : Jo-Anne Learner Administrative Services Administrator Date Date Date JUN 11200 i Z EXECUTIVE SUMMARY AWARD ANNUAL STANDARDIZATION OF BIOFILTER ODOR CONTROL UNITS PURSUANT TO RFP ~t02.;3350, IN THE ESTIMATED AMOUNT OF $400,000. OBJECTIVE: To provide standardized biofilter odor control units for wastewater lift stations. CONSIDERATIONS: The purchase of the Biofilter Odor Control Units will enable the County to control odor and corrosion of wetwells at our wastewater pump stations. It will also assist in controlling nuisance odors in subdivisions where pump stations are near homes and are omitting odors. The standardization of the Biofilter units will assist in ease of maintenance, stocking of parts and Staff knowledge of operation. The RFP was publicly advertised on April 16, 2002. Notices were sent to 7 firms with 6 vendors requesting full packages. Four responses were received by the due date of May 7, 2002. A Selection Committee meeting was held on May 22, 2002 and after review and discussion; by consensus of the members, the firms were shortlisted as follows: 1. US Filter 2. Bioway 3. Vulcan/Envirogen The Selection Committee ranking was unanimous based on performance, service, design, warranty and price and recommends contracting with the number one shortlisted firm, US Filter. FISCAL IMPACT: Funds will be available in 414-263611-763400-73064-Odor Control. GROVVTH MANAGEMENT IMPACT: There is no impact on growth management associated with this item. RECOMMENDATION: That the Board of County Commissioners (1) award RFP 02- 3350 to US Filter, and (2) authorize the Chairman to execute the standard contract subject to approval by County Attorney. SUBMITTED BY: REVIEWED BY: APROVED BY: I_-yn ,~/WocJd, Purchasing Agent Steve Carnell, ' I Services Director Purchasing/Genera Jo-Anne Leamer, Administrative Services AdCninistrator EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENTS FOR CONTINUED SECURITY STAFFING FOR THE REMAINDER OF FISCAL YEAR 2001-02 IN THE AMOUNT OF $59,000. OBJECTIVE: To gain Board approval for a budget amendment for security services since September 11m and for the remainder of this fiscal year. CONSIDERATIONS: Aiter the September 11th terrorist attacks, the Board approved funds (Phase One) for enhanced security measures at the Main Government Complex and selected off site facilities. Since that time, the Facilities Management Security Section has provided security staffing for: (1) a security officer assigned to the Administration Building from 8:00 AM until 9:00 PM and each evening the general public uses meeting rooms, (2) assignments for special events (concerts, special Board meetings, Code Enforcement meetings, and other assignments) and (3) building security audits and investigations. Staff is recommending continued coverage for the events listed above, along with a limited amount of unanticipated events until the end of this fiscal year. FISCAL IMPACT: Staff is recommending approval of a budget amendment in the amount of $59,000 transferring funds from General Fund Reserves to the Security Section Cost Center. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact to this request. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendments for continued security measures at the Main Government Complex and selected off complex sites as outlined within this summary for the balance of this fiscal year. Reviewed By: ~._~~~~ Date: Skip Camp, CFM, Director The Department of Facilities ~ement Approved By: ~ Date: Jo-Am~e Varcoe-Leamer, Administrator AdminLqxrative Services Division _EXECUTIVE SUMMARY RECOMMENDATION TO AWARD ANNUAL CONTRACT FOR THE PURCHASE OF LABORATORY CHEMICALS AND SUPPLIES, BID NO. 02-3357, TO FISHER SCIENTIFIC COMPANY, LLC AND VWR INTERNATIONAL FOR THE ESTIMATED AMOUNT OF $40,000 OBJECTIVE: To award Bid No. 02-3357 for Laboratory Chemicals and Supplies for use by all County departments so that required laboratory tests can be performed. CONSIDERATIONS;. 1. Laboratory Chemicals and Suppliers are used by several County Departments, such as Water, Wastewater, and Pollution Control. An annual bid has been established to expedite the ordering and receipt of such chemicals and supplies. 2. Bid No. 02-3357 was posted on February 26, 2002 and twenty (20) notices were sent to vendors. Two (2) responses were received. 3. Staff has reviewed the bids and recommends award of items on Bid No. 02-3357 to Fisher Scientific Company, LLC, for items highlighted on the attached tabulation sheet. Staff recommends that the items that were not bid by Fisher or on which Fisher did not offer the bigger discount should be awarded to VWR International. FISCAL IMPACT: These services will be used by several different departments. Each user department has budgeted funds for safety equipment and supplies. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this decision. RECOMMENDATION: That the Board award Bid No. 02-3357 for Laboratory Chemicals and Supplies to Fisher Scientific Company, LLC and VWR International, as highlighted on the attached. SUBMITTED BY: REVIEWED BY: REVIEWED BY: Lyn~. Wood, Pur~'hasing Agent St~/~ ~arn~ll, (/ Purchasi~S Director Date: Jo-Anne Learner, Administrative Services Administrator Date: ~/~ / ~- ~';' ~ Date: ~-~) 3'"0 ~. i  'GENO,A IT_F.J~t, , / JUN 11 2002' EXECUTIVE SUMMARY REQUEST AUTHORIZATION FOR THE COUNTY MANAGER AND/OR THE ACTING COUNTY MANAGER TO APPROVE CONSENT AND EMERGENCY AGENDA ITEMS DURING THE BOARD'S SCHEDULED RECESS ~ To authorize the County Manager and/or the Acting County Manager to approve consent and emergency agenda items during the Board's recess scheduled for July 9, July 23, August 13 and August 27, 2002. CONSIDERATIONS: During past years, the Board has authorized the County Manager to approve items of a routine nature and any emergency items that may arise during the Board's scheduled recess. The County Manager and/or the Acting County Manager may not approve plats; the Board's Chairman must approve these. This process is initiated in order to expedite requests of a routine nature. An accounting of the items which have been approved by the County Manager and/or the Acting County Manager during these times will be presented to the Board of County Commissioners upon their return from their recess and will at that time become part of the official record. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT:, None. RECOMMENDATION: That the Board of County Commissioners authorizes the County Manager and/or the Acting County Manager to approve consent and emergency items during the above noted absences. Prepared by: '~~ ~ n J~,~ne, Executiv,~,~ta~o~ Couty Manager Approved by' / ~ ,, - ~'"~"~""~"~ 'z-J'~es V. Mudd, Acting County M~nager Approve~by: ~,¢,r~~ Th~-na~ W. Olliff, Coun~'~lmager BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 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 May 18, 2002- May 25th, 2002. B. Districts: H:Data/Forrnat Immokalee Fire Control District - District Map and Public Facilities Report Golden Gate Fire Control & Rescue District - Audit Letter, Public Facilities Report, Financial Stmnt and Management Letter. Me&terra South Community Development District - Minutes for October 24.2001 Meeting, Unaudited Financial Stmnt for September and Description of Outstanding Bonds, Minutes of November 28, 2001 East Naples Fire Control District - Annual Financial Report, Auditors Report and Management Letter. Fiddler's Creek Community Development District - Operating Budget Fiscal Year 2002, Financial Stmnt Unaudited 12/31/01, 11/28/01. 10/31/01. Minutes of Meeting for January 23, 2002, Description of Outstanding Bonds, Minutes of Meeting held March 2% 2002. District Map, Annual Financial Report, Audit Letter and Schedule of Meetings. Minutes of Meeting for February 25, 2002 Cow Slough Water Control District - Annual Financial Report, Auditors Report, Management Letter and Response to Auditor's Letter. Heritage Greens Community Development District - Operating Budget Fiscal Year 2002, Financial Stmnt Unaudited- June 30, 2001, Minutes of Meets for July 16, 2001, and Minutes of Landowners for November 6, 2001, Minutes of November 19, 2001. Collier County Housing Finance Authority - Annual Financial Report, Registered Office and Agent Information, Schedule of Meetings. Description of Outstanding Bonds, Approved Budget a: icl Au~[~lSL~O~er.~I ,JUN 1 1 200Z 10. 11. 12. Collier Mosquito Control District - Public Facilities Report and District Map, Annual Financial Report, Financial Stmnt, Management Letter, Acknowledgement and Auditors Letters. Naples Heritage Community Development District - Minutes of January 14, 2002, Financial Stmnt Unaudited December 31,2001, Minutes of October 15,2001, Financial Stmnt September 30, 2001, Minutes of July 16. 2001, Budget FY02 and Financial Stmnt Unaudited June 30, 2001; Minutes for March 11, 2002, Audit, Management Ltr and Financial Stmnt Collier Soil and Water Conservation District - Annual Financial Report, Management Letter and Management Response Letter. South Florida Water Management District - Annual Financial Report Minutes: 1. Environmental Advisory Board_- Minutes of April 3, 2002. 2. Golden Gate Beautification Advisory Board - Agenda May 14.2002: Minutes of April 9, 2002. 3. Golden Gate Estates Land Trust Committee - Minutes of February 25, 2002 4. Collier County Planning Commission - Minutes of April 4, 2002, Agenda for May '~ 2002 5. Community Character/Smart Growth Advisory Committee - Agenda and Minutes for March 27, 2002.. 6. Forest Lakes Roadway and Drainage M.S.T.U. - Minutes of April 26. 2002. 7. Hispanic Affairs Advisory Board - Minutes of March 28, 2002. 8. Rural Lands Area Assessment Area Oversight Committee - Agenda for April 1, 15 & 29 2002, Minutes of April 1 and 15, 2002. 9. Golden Gate Area Master Plan Restudy Committee - Planning Options Workshop Agenda for May 8, 2002. 10. Metropolitan Planning Organization - Agenda for May 10, 2002. 11. Collier County Airport Authority- Agenda for May 13, 2002 H :Data/Format AGENDA ITEM Nc, /¢. t) JUN I 1 2.002 PS. .2-' 12. 13. 14. 15. 16. 17. 18. Radio Road Beautification M.S.T.U. - Agenda for May 21, 2002, Minutes of April 16, 2002. Collier County Contractors' Licensing Board - Agenda for May 15, 2002. Livingston Road Phase II Beautification M.S.T.U. - Agenda for April 24, 2002, Agenda for May 22, 2002. Workforce Housing Advisory Committee - Agenda for May 6, 2002 Agenda for May 20, 2002, Minutes of April 1. 2002. Lely Golf Estates Beautification Advisory Committee - Agenda for May 10, 2002, Minutes of April 12, 2002. Bayshore Beautification M.S.T.U. - Agenda for May 8, 2002, Minutes of April 10, 2002 Pelican Bay Services - Agenda for May 1, 2002, Minutes of April 3. 2002. H:DatafFormat AGENDA ITEM No. JUN 11 2002 3 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND PROGRAM POINT-OF-CONTACT FOR THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM, ACCEPT THE GRANT WHEN AWARDED AND APPROVE APPLICABLE BUDGET AMENDMENTS. OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff as the official applicant and point-of-contact for the United States Department of Justice 2002 Local Law Enforcement Block Grant (LLEBG) Program funds, accept the grant when awarded and upon an award approve applicable budget amendments. CONSIDERATION: 7. 8. 9. The Collier County Sheriff's Office has participated in anti-crime grant programs for thirteen years. This seventh year program is for the implementation of the fiscal year 2002 LLEBG Program to be administered by the United States Department of Justice, Bureau or Justice Assistance. The purpose of the LLBEG Program is to provide funds to underwrite projects to reduce crime and improve public safety. The United States Department of Justice has appropriated $258,351 to Collier County to be used for purposes of the LLEBG Program. The Sheriff's Office application will request LLEBG funds to procure currently unfunded technical equipment. Law enforcement equipment directly related to basic law enforcement functions is an authorized program purpose. The Bureau of Justice Assistance has implemented an internet-based system to support the LLEBG Program fiscal year 2002 applications. Fiscal year 2002 LLEBG Program applications must be completed online. The formal designee of the eligible jurisdiction is allowed to apply for funding. Board approval is needed for: designation of the Sheriff as the official applicant and point-of-contact for fiscal year 2002 LLEBG Program funds; Board Chairman Jim Coletta, or in his absence, County Manager Thomas W, Olliff, to respond to the Bureau of Justice Assistance's online request to confirm the Sheriff as the official application and program point-of-contact; acceptance of the grant when awarded; and approval upon award of applicable budget amendments. AGENDA ITEM~ No.. /~/T' ~t JUN 11 2002 FISCAL IMPACT: Ten (10%) percent ($28,706) local matching funds are available from the Confiscated Trust Fund Reserves (602-919010-991000) or the Sheriff's Office Federal Equitable Sharing funds. GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Collier County Commission agrees to clesignate the Sheriff as the official applicant and point-of-contact for the United States Department of Justice, Bureau of Justice Assistance, fiscal year 2002 LLEBG Program funds, that the County's Chief Executive Officer respond to the Bureau of Justice Assistance's online request to confirm the Sheriff as the official applicant, accept the grant when awarded, and upon an award approve applicable budget amendments. Certification of Confiscated Trust Fund Request This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4)(a) Florida Statues to provide matching funds to obtain federal grants. PREPARED BY: APPROVED BY: DATE: May 15, 2002 jh/a:xsllebg02 AGENDA ITEM,, No. /4 ~ ~ JUN 11 2002 Pg._ 2 ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEC~AL SERVICES {Please type or print) Date: May 15, 2001 To: From: Re: QffiCe .of the County Attorney, Attention: Thomas Palmer, EsQ. Crystal K. Kinzel ~t ' Finance Director (N~e) (Title) Sheriff's Office Finance Division (Division} (Depar~t) U.S. D0J (BJA) 2002 Local Law Enforcement Block Grant Application (subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem ai~d give background information - be ~Decific, concise, and articulate). Board approval is needed to designate the Sheriff as the official applicant for fiscal year 2002 Local Law Enforcement Block Grant (LLEBG) Program funds. The Board Chair or in his absence, the County Manager will be asked by the Bureau of Justice Assistance (BJA) to respond to an Email query as to this designation since the application must be completed online. Board approval s being requested for either the Chair or County Manager to respond to the BJA request. In order to streamline procedures to save Board time, ~o reduce paperwork and personnel time in preparing executive summaries, an all inclusive Board request is being made for the grant application/award procedure. Approval is also being sought for acceptance of the 2002 LLEBG award and approval, upon an award, of applicable budget amendments. (Are there docuraents or other infc~Tatlon needed to review this matter? informat!on) . THIS ITEM HAS/~____S__~Q~ BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number. ACTION REQUESTED: (Be very specific. Iden%ify exac%ly what you need in the way of legal services.) Legal approval of request. If ye, s, attach and re~2erence this OTHER COMMENTS C: jh/a: 1 egilebg02 Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. AGENDA ITEM 4 JUN !1 2002 3 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMEIT~ IN THE FLORIDA DE PARTMFIT~ OF LAW ENFORCEMEITT'S T.H.U.G.S. (TAKING HOODLUMS USING GUNS SERIOUSLY) BYRNE GRANT PROGRAM, APPROVE THE SHERIFF'S OFFICE GRANT ]tI~PLICATION, ACCEPT THE GRANT, AND /%PPROVE ASSOCIATED BUDGET AI~]~I~DMENTS. ~ To seek appointment of the Collier County Commission as the coordinating unit for local application for a Florida Department of Law Enforcement T.H.U.G.S. (Taking Hoodlums Using Guns Seriously) Byrne Grant, approve the Sheriff's office grant application, accept the award, and approve associated budget amendments. CONSIDERATION: 1. The Collier County Commission has participated in Byrne Grant programs for thirteen years. 2. The Florida Department of Law Enforcement has allocated $37,500 to Collier County for T.H.U.G.S. Program funding for August 1, 2002 through July 31, 2003. 4. The Sheriff's Office is seeking first year Byrne Grant funds te implement Operation T.H.U.G.S. projects that will offer a high probability of improving the functioning of the criminal justice system, aggressively and effectively responding to violent crime, and reducing drug trafficking and abuse. 5. Board approval is needed for: the Collier County Commission to serve in the capacity of local coordinator, the Sheriff's Office granu application, and to authorize acceptance of the grant award and associated budget amendments. FISCAL IMPACT: Twenty five (25%) percent local matching funds, $12,500, drawn proportionate to share of funding received, from Confiscated Trust Fund Reserves (602-919010-991000) · GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government, approves the Sheriff's Office Operation T.H.U.G.S grant application, and authorizes acceptance of the award and associated budget amendments. Certification of Confiscated Trust Fund Rec[uest This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4) (a) Florida Statutes to provide matching funds to obtain federal grants.  na~irector APPROVED BY: ~er~ff DATE: ga/Dh/a: xsthus3 ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THiS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: May 22, 2002 To: From: (Divislon) Re: Office of the County Attorney, Attention: Crystal K Kinzel ( Name Sheriff's Office Byrne Grant - T.H.U.G.S. ( Subi ec--, Thomas Palmer, Esq. , Finance Director (Title] Finance Divzsion (Department) (Takina Hoodlums Usinc Guns Serious!v) Procram BACKGROUND OF REQUEST/PROBLEM: (Describe problem and g:ve ~acxrrs~nd ;nfo~a~:cn - be speclf;c, concise, and ar~;cula~el . The Sheriff's Office is subr. itting a Byrne Grant application for funding frcm August 1, 2002 through july 31, 2003 to support a T.H.U.G.S. (Taking Hoodi~ms Using Guns Seriously) ~_~=_=...-~ Board a~orova!_~ is recuesned, by the Skeri=='s Office for: 1. The Collier County Cor~.ission to serve in the ca~aciny of !ccal coordinator. ~ Approve the Sher~ =='= Office Bvrne Grant ap~!icanicn. 3. Approve acceptance of award and associated budgen documexns. (Are there doc'~r, ents or csker :r.:c:7-. al'_zr, nee!eJ to re'.--ew 5bls r. atser? if ':*es, a-_'_ach anJ re[erenre inlz ~nforr,,a~ ~cn i . Yes THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If prev:ously submlt~ed, prsv~de Count':' Astorney's Offlce fz~__e nu_rher ACTION REQUESTE~D: (Be very specific, ident~fs' e:.:actl~ wha~ you need ;n the way of legal servlces' ~ ~ ~l/ .~ Legal sufficiency. C: Don Hunter, Sheriff A~ ~ests must b~opied %c ycur appropriate Dlv~sion Head~ ih,' a: lethugsO. ~' ' 2002 Donna Fiala Distric! 1 James D. Carter, Ph.D. District 2 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 G Tom Henning District 3 Fred W. Coyle District 4 Jim Cotetta District 5 Mrs, Beth Hamilton Planning Manager Department of Law Enforcement Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 June 11,2002 Re: Collier County Byme Grant ComplianceXFlorida Rule 9B-61.003(4)(d), F.A.C. Operation T.H.U.G.S. Dear Mrs. Hamilton In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the Board of Collier County Commissioners approves the distribution of the $37,500 total allocation available from Local Share Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant funds for the following August 1, 2002 through July 31,2003 project: SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Operation T.H.U.G.S. $37,500 (Taking Hoodlums Using Guns Seriously) Sincerely, Jim Coletta Chairman, Collier County Commission JlVa:fobcc Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Please read instructions before completing this application. The term 'Department", unless otherwise stated, refers to the Department of Law Enforcement. The term "OCJG" refers to the Office of Criminal Justice Grants. The term 'subgrant recipient' or"subgrantee" refers to the governing body of a city, county, state agency, or an indian Tribe that performs cdminal justice functions as determined by the U.S. Secretary of the interior. The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). A. Subgrant Data Continuation of Previous Subgrant? Yes X No If Yes, enter CJ Contract # of Previous Subgrant SFY 2001 CJ Contract # 2001 - CJ - - __ B. Applicant Information This section to be completed by OCJG 2. Project ID # Program Area #:~ CFDA #: 16.579 SFY 2002 CJ Contract # 2002- CJ-__-__-m-. 1. Subgrant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government): Collier County Commission Name of Chief Elected Official / State Agency Head: Jim Coletta Title: Chairman, Collier County Commission Address: 3301 Tamiami Trail East, Building F City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: JimCo]etta@Collier~,ov.net County Collier Area Code/Phone 239-774-8393 SUNCOM # 239-774-8393 Area Code/Fax¢ 239-774-3602 2. Chief Financial Officer of Subgrant Recipient (Subgrantee) Name of Chief Financial Officer: James Mitchell Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trail East, Court Plaza 111/2 City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: JimMitchel] @colliergov.net County Collier Area Code / Phone 239-774-8404 SUNCOM # 239-774-8404 Area Code / Fax # 239-774-6179 3. Implementing Agency Name of Implementing Agency: Collier County Sheriff's Office Name of Chief Executive Official / State Agency Head / Subgrantee representative (if a subordinate agency of the subgrant recipient): Don Hunter Title: Sheriff Address: 3301 Tamiami Trail East, Building J City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: sheriff@colliersheriff, ore County Collier Area Code / Phone # 239-774-4434 SUNCOM # 239-774-4434 Area Code / Fax ~ 239-774-5735 FDLE Byme Formula Grant Application Package Revise0 03/25/2002 .... , Grant A~p'l~tion Section {I - Page Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 4. Project Director Name of Project Director: Fred Schoenrock (Implementing Agency Employee) Title: Lieutenant- Fugitive Warrants Bureau Address: 3301 Tamiami Trail East, Building J-1 City, County, State, Zip Code: Naples, Collier County, Florida 34112 E-mail Address: warrant@colliersheriff.orq County Collier Area Code / Phone 239-793-9185 SUNCOM # 239-793-9185 Area Code / Fax # 239-793-9377 5. Contact Person Name of Contact Person: Joyce Houran (if other than Project Director) Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 City, County, State, Zip Code: Naples, Collier County, Florida 34112 E-mail Address: grants@colliersheriff, org County Collier Area Code / Phone # 239-793-9346 SUNCOM # 239-793-9346 Area Code / Fax # 239-793-9405 6. Person Responsible For Financial Reporting (if known) Name: Joyce Houran Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 City, County, State, Zip Code: Naples, Collier County, Florida 34112 E-mail Address: grants@colliersheriff.org County Collier Ama Code/Phone # 239-793-9346 SUNCOM # 239-793-9346 Area Code/Fax # 239-793-9405 7. Person Responsible For Proqrammatic Performance Reporting (if known) Name: Fred $choenrock Title: Lieutenant- Fugitive Warrants Bureau Address: 3301 Tamiami Trail East, Building J-1 City, County, State, Zip Code: Naples, Collier Cou,3ty, Florida 34112 E-mail Address: warrant @colliersheriff.org County Collier Area Code / Phone # 239-793-9185 SUNCOM # 239-793-9185 Area Code / Fax # 239-793-9377 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 AGENDA-IT~k~ No. /~.~ ~ J U N 1 I ?.002 pg._ ~ ~ Section II - Page 2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program C. Administrative Data Project Title: Operation T.H.U.G.S. Identify the year of the project (I, II, III, etc.) I 2. Project period tStart: August1,2002 lEnd: July31,2003 D. Fiscal Data (If other than the Chief Financial Officer) Remit Warrant to: N/A Name: Title: Address: City, County, State, Zip Code: E-mail Address: County Area Code / Phone SUNCOM # Area Code / Fax # Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proqram? (Reimbursement cannot be remitted to any entity other than the subgrantee,) Yes No X 3. Frequency of Fiscal Reporting: Monthly X Quarterly.__ 3. Vendor #: 59-6000-558 4. State Agency SAMAS #' N/A 5. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9,) Yes No X Cash Advance: Will you request an advance? Yes Amount No X If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. AGENDA ITE% No. /~, J UN 1 1 ?.002 E. Proiect Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with FDLE Byrne Formula Grant Appfication PackaJ~e Grant Application Revised 03/25/2DD2 Section II - Page ~ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro,fram E. Project Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pacjes. The specific problem to which this Operation T.H.U.G.S project will be responding is the apprehension and arrest of wanted criminals that have committed crimes with a firearm, or have involvement with firearms in their past criminal history. This in turn will support the philosophy of T.H.U.G.S., specifically the enhancement of the 10.20.LIFE statute. Additionally, the relationship between the Collier County Sheriff's Office (CCSO) and the FDLE would be greatly enhanced in the spirit of cooperative law enforcement. The ability to utilize the investigative and analytical resources of FDLE will be part and parcel to this cooperative investigative effort. The significance of reducing gun violence by targeting felons involved with firearms is evident as indicated by FDLE in its most recent list of fifteen identified T.H.U.G.S. in this area of the State of Florida assigned to the Ft. Myers Regional Operations Center (FMROC). Additional T.H.U.G.S. not included on FDLE's most current list have been identified by the CCSO. Six additional fugitives who committed murders with firearms qualify as T.H.U.G.S. Additional subjects relevant to the crimes of sexual assault, robbery, kidnapping, car jacking, and home invasion are also evident but still need to be researched to determine T.H.U.G.S qualification. Additionally the violation of state probation charges relevant to the aforementioned six felonies would apply. Collier County is located on the southwest coast of Florida adjacent to Lee, Hendry, Palm Beach, Broward, Dade, and Monroe Counties. Three cities are located within the county including Naples, Marco Island and Everglades City. Our county is home to approximately 264,475 residents year round with a rise in population traditionally during the months of November through April of an additional 337,743 people. More than 1.3 million tourists visit Collier County every year. The Sheriff's Office is the primary law enforcement agency in Collier County with 587.5 certified law enforcement officers, 324 civilian, and 197 correction approved positions. We are supplemented by the Naples Police Department and Marco Island Police Department with approximately 65 officers. There are only two federal law enforcement and a few state officers serving Collier County. Collier County is the second fastest growing area in the nation. With a total area of 2,305 square miles, and a land area of 2,025 square miles, Collier County is the largest county in Florida and is larger than the states of Rhode Island and Delaware. The Sheriff is required, by Florida Statute Section 901.04, to process and serve orders from the Court that requires the arrest, detainment and delivery of an individual to the jail or medical facility. The Fugitive Warrants Bureau processes worthless check affidavits for the State Attorney's Office. The Bureau averages approximately thirty (30) ongoing extraditions that reqt~ired C.o,r)mp3allTF" communication with officials from other states, our State Attorney's Office, Collier County(C]._e_r_k 9f___~ Courts Office and the Collier County Sheriff's Office Jail Records Unit. In additiolL the Bureau is '~ oran't l~plication FDLE Byrne Formula Grant Application Package Revised 03/25/2002 ~! Section~.~ II - Page Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram tasked with the duty of serving Ex Pane Orders. An Ex Pane is usually an order from the Court to deliver an individual to a medical facility for examination or treatment. The Bureau Deputies served 7 Ex Pane Orders in 2001. In 2002, the Warrants Bureau began working more closely with the Crimestoppers organization, offering rewards for information leading to the capture of criminals. The Bureau began posting 10 Most Wanted lists throughout the county to assist in the capture of criminals. FUGITIVE WARRANTS 1999 2000 2001 Warrants on file 17,646 15,525 14,437 Warrants received 7,945 8,061 7,896 Warrants served agency-wide 5,435 5,934 6,436 There are four two-man investigative teams and one analyst in the Fugitive Warrants Bureau. The Fugitive Warrants Bureau works with CCSO's CID (Criminal Investigations Division) investigators in charge of specific fugitive warrants cases. Due to the described Fugitive \Varrants Bureau caseload, daily duties totally consume regularly scheduled investigative hours. Operation T.H.U.G.S team assignments will have to be met on an overtime basis. Current operating budget funds are not allocated for this operation. CCSO needs grant funds to support the cost for staff to develop strategies and methods of targeting T.H.U.G.S. assign personnel to the operation for investigation activities, and to participate with state prosecutors in criminal prosecution. FDLE Bj/rne Formula Grant Application Package Revised 03/25/2002 AGENDA ITEM 11 2002 Grant Application Section II - Page 5 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional pages if necessary; do not exceed three pages. The Collier County Sheriff's Office (CCSO) proposes to implement Operation T.H.U.G.S. to improve the functioning of the criminal justice system, aggressively and effectively responding to violent crime, or reducing drug trafficking and abuse. As a matter of our policy, persons that are currently wanted in Collier County for homicide, kidnapping, robbery, sexual assault, car jacking, and home invasion and have used a firearm in connection with the wanted offense, or who have a history of firearm use in their criminal past will be targeted by CCSO Fugitive Warrants teams. We have determined that approximately 1,000 investigative and analyst hours can be dedicated to Operation T.H.U.G.S. between August 1, 2002 and July 31, 2003 with the available amount of Byrne Grant and local match funds. Each case will take a radically different amount of time to solve. Grant funds will be utilized and expended to the maximum degree toward the development of strategies and methods of targeting T.H.U.G.S., assigning personnel to the operation for investigation activities, and participating with the state prosecutor in criminal prosecution by July 31, 2003. Grant funds in the amount of $36,975 are needed to support overtime salaries and benefits for Fugitive Warrant Bureau Investigators and an Analyst to implement the CCSO's Operation T.H.U.G.S. project. Grant funds in the amount of $525 are needed to support the cost of printing Operation T.H.U.G.S. brochures and/or handouts. Twenty five percent ($12,500) of the projects cost in a cash match from non-federal funds will be supplied from the Confiscated Trust Fund. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 AGENDA JUN I t 2002 Grant Applica tion . Section II - Page E Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program Pro,qram Obiectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, i.e., Uniform Objectives, Project- Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410-8700 for further guidance. Continue on a second page if necessary. a. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. 16F Operation T.H.U.G.S. (#) (Title) List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions). 16.F.01 16. F.02 16.F.03 To describe the relevant operations of local law enforcement projects, including: · Developing strategies and methods of targeting T.H.U.G.S. · Assigning personnel to the operation for investigation activities ° Participating with state prosecutor in criminal prosecution To conduct 7.Z_ criminal investigations targeting T.H.U.G.S. To arrest ~2 T.H.U.G.S. FD£E Byrne Formula Grant Application Packaj~e Revised 03/25/2002 AGEh/D~, iTEN~ Nc. / J 11 2002 Fg.__. /o Section II- Page 7 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 4. Activity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional ~X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading 'Programmatic Activities.' Your Quarterly Perlormance Reports will be reviewed a~lainst this schedule. Sub~lrant Period 8/1/02 - 7/31/03 (Be~innin~l Date - Endin~l Date) Administrative Activities Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description Submit Financial Reimbursement Requests Submit Financial Closeout Package Submit Quarterly Program Reports Submit Quarterly PGI Reports (If applicable) N/A ACTIVITY Develop strategies & methods of targeting T.H.U.G.S. Assign personnel to the operation for investigation activities. Participate with state prosecutor in criminal prosecution. Conduct criminal investigations targeting T.H.U.G.S. Arrest T.H.U.G.S. Collaborate with FDLE ED X AGENDA ITEN.~._ No._ . JUN 11 Pg.__ // _ FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section II - Page 8 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F. Project Budget 1. Budget Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as S4,506). Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Salaries And Benefits Contractual Services Federal 536,975 $0 Expenses Operating Capital Outlay Indirect Costs Totals S525 $0 $0 $37,500 FDLE Byrne Formula Grant Application Packaj~e Revised 03/25/2002 Match $12,325 S0 $175 $0 $0 $12,500 Total $49,300 $0 $700 $0 $0 $50,000 ~ ~ ! I 1 2002 ~. Grant~phcatlon Section II - ~ge ~ Application for Funding Assistance Florida Department of Law Enforcement Edward B~,rne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Budget Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, indirect Costs). The Total Project Costs should be included. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional pa.qes if necessary.1 Please respond to the lollowing five items before providing the Budget Narrative. 1. Identify your Specific sources of matching funds. [Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost.] The Collier County Sheriff's Office twenty-five (25) percent source of match will be from the Confiscated Trust Fund or general operath3g funds. 2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? No: x If no, please explain. Yes: If yes, please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee. $ 750 4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Not applicable - no Indirect Cost is included in this grant budget request. Category/I)escriplion Total Salaries and Benefits (,otaJ co~u,,, number.~ rounded to nearest 100'} Overtime FICA @ 7.65% Retirement @ 18.44¢~ Health/Dental/Life @9.70% W/C @ 4.10°~ Federal Match 35,300 26,475 8,825 2,700 2,025 675 6,500 4,875 1,625 3,400 2,550 850 1.400 1,050 350 $49,300 $36,975 $12,325 Contractual Services 0 0 0 Expenses Brochures and handouts Operating Capital Outlay Data Processing Indirect Costs Total FDLE Byrne Formula Grant Application Package Revised 03/25/2002 $?oo $525 $I75 0 0 0 0 0 0 0 0 0 $50,000 $37,500 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Budget Description SALARIES AND BENEFITS $49,300 Funds will be used to support payment of overtime for Operation T.H.U.G.S. certified deputies and a civilian analyst to implement projects that wilt offer a high probability of improving the functioning of the criminal justice system, aggressively and effectively responding to violent crime, or reducing drug trafficking and abuse. An average overtime rate of $34.77 was used to project overtime salaries and benefits from August 1, 2002 through July 31,2003. Overtime benefits are listed on the previous page. Job descriptions are attached. CONTRACTUAL SERVICES $ 0 EXPENSES $. 700 Funds are requested to support the costs of brochures or handouts about Operation T.H.U.G.S. OPERATING CAPITAL OUTLAY $ 0 DATA PROCESSING INDIRECT COSTS $ 0 $ 0 TOTAL ~50,000 · These project costs are not allocated or included as a cost to any other federally financed program. · These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall responsibilities. · These project costs are authorized by Federal or Florida Statues or local laws and regulations that are in effect at the time the subgrant is awarded · These project costs are treated consistently with policies, regulations and procedures that apply uniformly to other subgrant recipient activities. · These project costs are net of all applicable credits. · Federal funds will not be used to supplant State or local funds. · All project costs will be expended or obligated during the approved subgrant period. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 · Grant Application -- Section II - Page Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro,fram G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide. Reports a. Project Performance Reports The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within lorty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is exlended beyond the 'original" project period, additional Quarlerty Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11 ) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) CIoseout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthty or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) Alt claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. (4) Before the 'final' claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures dudng the previous quarter. (See Item 9, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. FDLE Byrne Formula Grant Application Packaqe Revised 03/25/2002 Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as appro, ved-by~, ~ ~C~ .._. ! ', ~,.--~ '~,,...; ~ ITr_M j J U ~,~ I 1 Sectiort II - Page 12 Application for Funding Assistance Florida Department of Law Enforcement Edward B~trne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule forState and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. Travel and Training a. All travel reimbursement for out-of-state or out.of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 9o 10. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB CircularA-87, 'Cost Principles for State, Local and Indian Tribal Governments', or OMB Circular A-21, 'Cost Principles for Educational Institutions'. b. All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110 and Florida law to be eligible for reimbursement. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide FDLE Byrne Formula Grant Application Revised 03/25/2002 Grant Applicati_or~....~..-.~. '~,~ecti&r~l - Page I3 Application for Funding Assistance Florida Department of Law Enforcement Edward B),rne Memorial State and Local Law Enforcement Assistance Formula Grant Program and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. bo The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A- 110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with suppon funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's wdtten response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipienl shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. do FDLE Byrne Formula Grant Application Package Revised 03/25/2002 The subgrant recipient shall take appropriate corrective action within six (6) monthsof t~e audit repod in instances of noncompliance with federal laws and regulations. - Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 16. 17. 18. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM CircularA-133 for that fiscal year. in this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March I following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed affer such closecut. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of inspector General Post Office Box 1489 Tallahassee, Florida 32302-1489 Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. I1 a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant lunds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal wdtten amendment to this agreement. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in pedormance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in FDIE Byrne Formula Grant Application Package Revised 03/25/2002 AGENDA l'f EM.~ No lc/< JUN 1 1 2002 P[._ Grant Application E~c__tion II - Page 75 Edward Application for Funding Assistance Florida Department of Law Enforcement Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major changes. These include, but are not limited to: a. Changes in project activities, target populations, implementation schedules, designs or research plans set forth in the approved agreement; Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipienl shall proceed diligently with the performance of this agreement according to the Department's decision. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal lhe Department's decision is contained in Chapter 120, Flodda Statutes, and in procedures set forth in Rule 28-106.104, Flodda Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. FDLE B.vrne Formula Grant Application Packaqe Revised 03/25/20D2 Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida,; have the pr4vitege of visiting the project site to monitor, inspect and assess work performed under this agreeJment. ~c..__._Z~ ~ c~. j J U Grant Application Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Flodda Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. 26. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The Project Director has authority to submit Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other sta~ person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the staff person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authorit.v. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 28. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply'. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, secudty background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disquali~ed_f0.r..employ.m.ent in such position or, if employed, shall be dismissed. ~ Section ii ~Fag~ 7.7 Edward Byrne Application for Funding Assistance Florida Department of Law Enforcement Memorial State and Local Law Enforcement Assistance Formula Grant Program (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U .S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, unde[stands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJPs Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. FDLE Byrne Formula Grant Application Packaqe Revised 03/25/2002 Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pu: su.a_QLtQ_T_Jtle_VI the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amen, led; J u N I 2OO2. Grant Application F~tio~ Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act cdteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any state agency, county or city receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DO J, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DO J, OCR for approval. If the U.S. DO J, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101 - 336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title Il), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, il AGENDA No, JUN t ! 2.002 Pg. ,,~,~ FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 79 Revised 03/25/2002 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 37. 38. applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) pumhased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbyinq Activities, according to its instructions. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-sta~' program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; FDLE Byrne Formula Grar~t Application Package Revised 03/25/2002 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant Application Package Revised 03/25/20D2 pg. Section Ii - Page 22 Application for Funding Assistance Florida Department of Law Enforcement Edward B}/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Signature Page In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Department~of MW E~Eten{' Office of Criminal Just!.,ce Grants Signature: Typed Name and Title: Date: Clayton H Wilder, Community Pr0qram Administrator Subgrant Reciiflent Authorizing Official of Govemmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Collier County Commission Signature: Typed Name and Title: Jim Coletta, Chairman, Collier County Commission Date: Implementing Agency Official, Administrator or Designated Representative Typed m~ Imp~e~entingAg~c/y: - Collier County Shedff'S Office Typed Name and ~: Don~unter, Shedff Date: May 22, 2002 FDLE Byme Formula Gra~t -~-pr~!!-"~-n PackaEe Revised 03/25/2D02 Grar~pplication ~ ~__ Sectional: Page 23, Florida Department of Law Enforcement Application for Funding Assistance Edward B)/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Signature Parle In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. ;' :?-' ~:-:~:?~;:: " Office-of-.C,rim!npl Justice Grants Signature: Typed Name and Title: Date: Clayton H. Wilder, Community Proqram Administrator SUbgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Signature: Collier County Commission Typed Name and Title: Jim Coletta, Chairman, Collier County Commission Date: . Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agenoy: Collier County Sheriff's Office Sign ~ "~ h riff Typed Name and Tit-I~-Don Hunter, S e ' Date: May 22, 2002 Approved a~ to form & le~':~)' ~.?:.'~--::. A~istant Co~ty At~orn~;? FDLE Byrne Fo~ula Grant Application Package Revis~ 0~2 JUN 11 Pg.__ .l~7 '~rant App. lication ' Section II - Page 23 APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . · (Select one of the following): .~_X Meets Act Criteria ~Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient.. · (Select one of the following): ~XHas a Current EEO PLan ~Does Not Have a Current EEO Plan I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Jim Coletta Title: Chairman, Collier County Commission Subgrant Recipient: Collier County Corem ssion. Date: June 11,2002 ~ta~lM;altt Coqtnt~v Attorn~ FDLE Byrne Formula Grant Application Package Revised 03/25/2002 App~ ~dix IV - Page 2 of 2 Pg._ .... APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): ._~_X Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient... (Select one of the following): .~._X Has a Current EEO Plan Does Not Have a Current EEO Plan I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Type Name: Jim Coletta Title: Chairman, Collier County Commission Subgrant Recipient: Collier County Commission Date: June 11, 2002 Signature of Subgrantee Authorized Official FDLE Byrne Formula Grant Application Packaqe Revised 03/25/2002 AGENDA I?EM /' No._~~:~ Appendix IV - Page 2 o~-2 ~ EXECUTIVE SUMMARY Request by the Housing Finance Authority of Collier County for approval of resolution authorizing the Authority to issue multi- family housing revenue bonds to be used to finance qualifying apartment project. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed multi-family revenue bond issue by the Housing Finance Authority to be utilized for financing a qualified apartment project. CONSIDERATIONS: On December 11, 2001 the Board adopted Resolution 2001-485, approving the issuance of bonds for a certain multifamily housing project known as Sawgrass Pines. Sawgrass Pines is a proposed 140 unit complex located on the south side of Immokaiee Road, west of Interstate 75. Following the Board's action, it was discovered that there was a scrivener's error in the resolution in that the proposed amount of bonds to be issued was stated as $6.5 million. The correct amount is $6.8 million. Accordingly, the Authority held another advertised public hearing on May 22, 2002. No public comments about the project were received. All considerations applicable to the original approval are equally applicable and are unchanged. The Authority is asking only for a re-approval of the previous action. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. These bonds are not liabilities of the County, and the County is not liable for payment in any way. The issuance of these Bonds will have no impact on the ability of the County to issue "bank qualified" debt. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolutions will have no adverse growth management impact. On the other hand, it will assist in providing affordable housing in Collier County, and the County is committed to assist in the creation of affordable housing by its Growth Management Plan. Note that the Board Resolution specifically provides that the approval of the bond issue by the Authority does not abrogate any Country requlations AGENDA ITEM ..... ..... NO. r'-)('t7 JUN 1 1 2002 including but not limited to the Growth Management Plan, the Land Development Code and all concurrency regulations. RECOMMENDATION: That the Board of County Commissioners resolutions. prep/~ed by: Donald A. P~'~o~th, Counsel Housing Finance Authority of Collier County adopt the attached Approvedj~~__ ~bY:~~r David C. Weigel, '' ney C ~J~lyFil~s~docurncnt,,HOF^- 2002 MF,BCC- Ex¢csumS-22 ,2 ~;,z -2- AGENDA ITEM." ' NO. !<,, ,,'D~ i) JUN ~ ~ 2OO2 Pg. ~ RESOLUTION 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $6,800,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX-EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 2002 (SAWGRASS PINES APARTMENTS) 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 duty 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 The Richman Group of Florida (the "Company")for the issuance of not exceeding $6,800,000 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 location and nature of the proposed project and to the issuance of the Bonds. C. The Issuer has adopted its Resolution 2002-02. a copy of which is attached hereto as Exhibit B, approving the issuance of the Bonds and recommending and requesting that the Board of County Commissioners approve the 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 t.heir issuance. Section 2. Approval of Issuance of the Bonds. The issuance of tht --~22~ i___~ h~rehx' AGENDA/TJE~ NO. ~ JUN 1 1 2002 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, including but not limited to Resolution 2001-437, or orders and pans 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 1 lth day of June, 2002. (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk James N. Coletta, Chairman Board of Countv Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David C. Weigel County Attorney AGENDA ITEM. NO. I 6, (/-) / i JUN t I 2002 pg. RESOLUTION 2002-O_~ RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $6,800,000 TAX-EXEMPT MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Richman Group of Florida the "Company") has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its tax-exempt multifamily housing revenue bonds in a principal amount not to exceed '$6,800,000 (the "Bonds") and such taxable multifamily housing revenue bonds (the "Taxable Bonds") as the Authority may authorize by subsequent resolution (the "Bond Resolution") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company 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 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 cf $6,800,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on October 1!, 2001 and May 22, 2002 which public hearings were 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 issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom; and C \MyFile~kloculnenl\llOFA- 2001 Ml%lnduccrnmll Re~olullon ~,awgr~.t~5-22-02 wpd EXHIBIT A TO COUNTY RESOLUTION WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds wit~ 5n the AGENDA ITEM NO. h JUN 1 I 2002 pg. of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the 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 issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement to be entered into subsequently, in one or more issues or series in an aggregate principal amount not tc exceed $6,800,000 and such taxable multifamity housin? revenue bonds (the "Taxable Bonds") as the Authority may authorize by subsequent resolution for the purpose of financing the Project. The Bonds shall be designated "Housing Finance Authority cf Collier County Mu!tifamiiy Housing Revenue Bonds Series 2002 (Sawgrass Pines Apartments)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall no~ exceed the rate permitted by law. 3. Recommendation for Approval to Board of County Commissioners. The Authority hereby recommends the issuance cf the Bonds and the financing cf the Project for approval to the Board cf County Commissioners cf Collier County (the "Board") . The Authority hereby dzrec5s the Chairman, Vice-Chairman or Issuer's Counsel, either aicne or jc. intly, at the expense cf the Company,' tc seek approval for tko issuance of the Bonds and the financing cf the Project bi, the Eoard as the applicable elected represen5anives of Collier County under and pursuant to the Ac5 and Section 147 (fl of the Internal Revenue Code of 1986, as amended. 4. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws cf the State of Florida and the applicable United States Treasury Regulations. 5. 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. Appointment of Counsel. The Authority appoints Nabcrs, -2- AGENDA iTEM NO. 14, JUN 1 ! 2002 Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 7. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general 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 a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 8. 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 to have estopped the County from asserting any rights or responsibilities it may have in that regard. 9. Prior Resolutions. This resolution corrects a scrivener's error in Resolution 2001-8, which incorrec%iy identified the amounu of bonds requested and approved as $6,500,000. Any provisions in Resolution 2001-8 in conf!icu herewith are here~y superceded and replaced, otherwise, Resolution 2001-8 shall remain in full force and effect. This Resclutzon shall take effect immediately. ADOPTED this 22nd '- = May, 2002 (SEAL) HOUSING FINA_NCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: /s/ Chairman ATTEST: /s/ Secretary -3- AGENDA iTEiVl JUN 1 1 2002 Pi[. Naples Daii¥ News Naples, FL 34102 Affidavit of_Publication Naples Dally News 5150 TAMIAMI TRL N NAPLES FL 34103 REFERENCE: 010784 58449584 Notice of Public Hea ta~e of F~o~$da ountv of ~o±±ler . ~ BefOre the undersigned authority, persopall¥ app~ared_B..L~mb, whQ o~ oath sayB~th~t Mne.s~.rves as 6ss~suanu coro~raue secretary o~ uno Nap±es ~ai~y~ews,_a ~y_~ews~ape~ pabl~hed, at-~aptes, · n ~o±~e~ ~ou~uy; ~±or~aj~.thaq ~ne a~acne~ ~$y on a~ver%l~lng~wa~ Duo±lsne~ in sal~ sQaoer Qn ~aues ±~sue~. . A~I%~nt Iurtner says, DhaD ~he s~id~Naples Dai~y ~ew$ is ~ newspaper ~WD~lsnea au NaD±es, %n sang ~c±±ier coDnty~ Flor%Ga, Dnc unat the saic newspaper ~as ~e~etoZ©ue Deen ccntlnuou~±¥ published ih sal~ Colller County, Florl~a~ each ~av and has]been entered as s~cb~d class ma~l ma~[er a5 t~e pos~ o~flce in ma~±e$, ~n_sal~ Col±~er Cowbt¥, Fio~%da, fcy a ~erlod Q~ i year next pr~ce~n~ ~ne~Ilrst DnDiZc~tlQn QI ~ne ~uua~neG coDy-Q~ aGvertls~menu~ anG a~ziant [uruner saw that she has neither DalG ncr Dromised aha. person, firm cr corD©~at~c~ any. G~scount,_r~b~e, com~ssiQn cr TeEunc ior the purpose.o~ ~ec~rln9 t~ls aaveruisement !©r puD±~culon ~n une salG newspaper. PUBLISHED ©~: 05/C7 AD SPACE: i8~ 0~0 INCE FILED ON: 05 ~7 02 £ignature of Affiant ~/~{ .~ Sworn to and Subscribed ib~eres% this ~ day cf Personally known by me _~-a_), ~~%d~ ~ DOnna Chesnoy ~o/ MY Commission DD058336 , Expires Septem~r 11, 2005 EXHIBIT A tf-PulDJlc I~rlna and Speclat t~eefl_,.o ¥ vl~ · f~ Pinance ~1~ ~s~l~g revenue ~oua~ quested $8,1ob,o0o ~.~'~a~lo ~a, ~e~t, rel~in~ terms and, se comments re I, SU t~ ~02, (94.1) 263-8060 DONALD A. PICKWORTH, P.A. .A-TTOI~NEY AT LAW SUITE 602 NEWGATE TowER 5150 NORTH TAI~IIAI~II TRAIL NAPLES. FLORIDA 34.103 May 22, 2002 FAX (94.1) 598-1161 David Weigel, Collier County Attorney Collier County Attorney's Office Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, FL 34112 June 11 Agenda; Collier County Housing Finance Authority- Approval of Bond Issues Dear David: I am enclosing the following documents for inclusion in the June 11, 2001 agenda: Packet 1- Saw~rass Pines Executive Summars' relating to approval of the issuance of Housing Finance Revenue Bonds bv the Collier County Housing Finance Authority for the Sawgrass Pines Apartments project. A Resolution to be adopted by the Board of Count>' Commissioners at the Board meeting of June 11. 2002 approving the bond issue (the "Count>, Resolution"}. Exhibits to the County Resolution consisting of Affidavit of Publication for the required TEFRA hearing conducted by the Author/tv and the Resolution adopted by the Authority at the meeting of the Authority on May 22, 2002. [NOTE: This is identical to Resolution 2001-485 adopted December 11, 2001. There was a scrivener's error in the amount of bonds authorized-my mistake]. Packet 2-Sinele Family Bonds Executive Summary relating to approval of resolution authorizing Lee County Housing Finance Authority to issue single family mortgage revenue bonds to be used for loans by participating lending institutions in Collier County and authorizino, q Collier Housin~ Finance Authority to enter into ir, tv. rlzz~_! 2'_'re,=,,,,=n~ ... ,,,'itl, Lee Authority. ! ] JUN 1 i 2?92 Resolution to be adopted by the Board of County Commissioners at the Board meeting of June 11, 2002 approving the above. Exhibits to the County Resolution consisting of Affidavit of Publication for the required TEFRA heating conducted by the Authority and the Resolution adopted by the Authority at the meeting of the Authority on May 22, 2002. The Sawgrass approval is to correct an error in the 2001 resolution. We advertised the TEFRA hearing with an amount of $8.1 million, and adjusted the request at the Authority hearing to $6.8 million, but I erroneously drafted the BCC resolution as $6.5 million. The single family deal is for Collier County to participate in the Lee County Housing Finance Authority's single family issue. We have been doing this for several years, and it has been successful without any cost. Since we have been placing these items on the Consent Agenda, I would request that this also be on Consent. Please contact me immediately if there is any objection to the approval or the inclusion of this matter on the consent agenda. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Verv truly ,,'ours. Donald A. Pickworth Enclosures AGENDA ITEM JUN 1 1 2002 Pg. EXECUTIVE SUMMARY REQUEST FOR FUNDING TO PAY ARBITRATOR FEES AND COSTS IN THE LELY BAREFOOT BEACH GUARDHOUSE CASE ~ That the Board of County Commissioners (Board) consider approval of funding in the amount of Twenty Thousand Dollars ($20,000.00) to pay Collier County's share of the fees and costs of the arbitrator in the Lely Barefoot Beach Guardhouse case. CONSIDERATIONS: The Lely Barefoot Beach Guardhouse controversy has existed for more than a decade. Sinc~ 1995, there have been two Circuit Court civil cases filed as well as a Code Enforcement action and appeal of said action to Circuit Court. The present posture of the case is that the 1995 civil case has been referred to mandatory non-binding arbitration by Collier County Circuit Judge Hugh D. Hayes (see attached Case Management Orders). In accordance with Judge Hayes' Order, the parties (consisting of the County, the State of Florida through the Attorney General, and two associations representing the interests of the property owners) have chosen the Honorable Daniel S. Pearson, former 3r° District Court of Appeal Judge from Miami, as the arbitrator for 'this case. The case has been set for arbitration on June 19 and 20, 2002. This case has a very extensive history and approximately 400 exhibits. Attached is a letter from Judge Pearson indicating that the magnitude of the case requires that he request Twenty Thousand Dollars ($20,000.00) from each party (Sixty Thousand Dollars [$60,000.00] total) in advance to cover the fees and costs to be incurred before, during and after the arbitration proceedings. The parties recently held a telephone conference with Judge Pearson to discuss efforts to reduce costs in this matter. Judge Pearson has agreed to request payment in the amount of Fifteen Thousand Dollars ($15,000.00) from each party at this time. However, there is a strong likelihood that that Fifteen Thousand Dollars ($15,000.00) from each party may be exceeded and for that reason, the Office of the County Attorney is requesting authority for funding up to Twenty Thousand Dollars ($20,000.00). Attached is correspondence from Assistant Attorney General Monica Reimer indicating the State's commitment to funding its proportionate share of the arbitrator's fees and COSTS. It should be emphasized that the arbitration is nonrbinding. This means that after the arbitrator's decision is rendered, any party can object to said decision and the case would then proceed to a trial before Circuit Judge Hayes. On the other hand, the parties could agree to the arbitrator's decision and obviate the need for any trial. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Twenty Thousand Dollars ($20,000.00) available from General Fund (001) reserves. RECOMMENDATION: That the Board authorize up to Twenty Thousand Dollars ($20,000.00) from General Fund reserves to be used as the County's proportionate share of arbitration costs and fees incurred by the Honorable Daniel S. Pearson. Further, that the Board au~ Thousand Dollars ($15,000.00) of said Twenty Thousand Dollars ($20,000.1X immediately paid to the arbitrator and that the remaining Five Thousand Dollars to the arbitrator upon approval of the County Attorney. Finally, that the associated budget amendment related to the County Attorney's office. ) a~,~[i~ilcT~l~e/6t. ~5,~.~- ;oard. ll~l~qoSe2~ll~ Prepared by: Ramiro Mafialich Chief Assistant County Attorney Reviewed and Approved by: David C. Weigel, County Attff. m~ey Date: Date: H/Ramiro/Executive Summary/Lely Guardhouse 2 JUN I ! 211112 IN THE CIRCUIT COURT OF THE T\VENTIETH JLrDICIAL CIRCUIT IN ANT) FOR COLLIER COL~'TY, FLORIDA CASE NO. 95-0073-CA-01 LELY BAREFOOT BEACH PROPERTY O'¢,rNERS ASSOCIATION, INC., a Florida corporation, and LELY B.aflLEFOOT BEACH MASTER ASSOCIATION, INC., a Florida corporation, Plaintiffs, COLLIER COLLNTY, a political subdivision of the State of Florida, Defendant. ROBERT A. BUTTERWORTH, in his official capacity as Attorney General for the State of Flohda, and on behalf of the BO?ALD OF TRUSTEES OF THE LNTERNAL IMPROVEM_ENT TRUST Lntervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) -) ORDER ON CASE MANAGEMENT CONFERENCE This matter having come before the Court on October 29, 2001, at a case managemem conference pursuant to Rule 1.200(a), Florida Rules of Civil Procedure, and the Court having considered same, and being fully advised in the premises, and for good cause shown, it is hereby ORDERED AND ADJUDGED that: 1. Thai Date. This cause is set for a non-jury trial on this Court's Non-Jury Trial Docket in Ma3' 2002 to be held at the Collier County Courthouse, Naples, Florida. The Court will subsequently issue an Order Settina Non-Jury Trial specifying the precise triz da~. &[~E~ JUN 1 1 2002 pg. .-.~ number on the Court's docket..4.11 parties shall be ready for trial at 9:00 a.m. on the first day of said trial. The Court's Order Setting Non-Jury Trial will set an optional pretrial conference along with the Court's standard Order for exchange of expert and lay witnesses, pretrial conference, motions, discovery, exhibits, and other matters. Upon stipulation by all of the parties to this action, the parties are permitted to extend the dates for exchange of witnesses and exhibits and motion practice. 2. Discovery Completion Date. The parties shall complete all discovery by April 15, 2002. The conduct of discovery subsequent to this date shall be permitted only on the Order of this Court for good cause shown and which will not delay 'the trial of this cause, or upon stipulation b.x-all of the parties to this action. 3. Non-Bindinz .&rbitration. Pursuant to § 44.103, Florida Statutes and Rule 1.800. Florida Rules of Ci¥il Procedure. this Court finds that the issues in dispute in this action are appropriate for a non-binding arbitration, and the action to be of such a nature that non-binding arbitration could be of benefit to the litigants or the Court. The parties are directed 'to adhere to the procedures set forth in Rule 1.S20. Florida Rules of Ci'¢il Procedure. The arbitration fee shall be equally dMded and paid by the parties, with the Plaintiffs pa?4ng one-third of the fees. Defendant Collier Count.',' paying one-third of the fees and Intervenor State of Florida paying one-third of the fees. Further procedures for the non-binding arbitration are a~ached hereto as Exhibit "A" and are incorporated herein by reference. Arbitration shall be completed by or before March 31, 2002. 2 No.AGENDA i~,/~,, L_.,~,~ JUN I 1 2002 I:'g. ~7/ 4. Scheduling of Non-Binding Arbitration. Within fifteen (15) days of this Order. the parties shall mutually a~ee upon the selection of an arbitrator. If the parties cannot agree upon an arbitrator, the,,' shall inform this Court and the Court will unilaterally select an arbitrator. The parties have informed this Court that they have ageed that the non-binding arbitration proceeding is scheduled to take place at the offices of Cummings & Locloxood, 3001 Tamiami Trail North, Naples, Florida. DONT AND ORDERED in Chambers in Collier County, Naples, Florida on this day of ,200t. THE HONORABLE HUGH D. HAYES Circuit Court Judge Conformed copies to: Jason Hunter Kom, Esq. William Hazzard, Esq. Ramiro Manalich, Esq. Monica Reimer, Esq. ..N~LZ~_~.:: 4-22 ~ 5 . 2 L2 /24/02 EXHIBIT "A' Procedures for Nonbinding Arbitration (Pursuant to F.S. 44.103 and Florida Rules of Civil Procedure 1.800) Note: THIS ORDER FOR NONBINDIN(,~ ARBITRATION SUPERSEDES ANY PRIOR ORDER REFERRIN(~ THIS CASE TO MEDIATION. Cases referred to arbitration shall be assigned to an arbitrator or to a panel of arbitrators. In the absence of an agreement by the parties as to the designation of the arbitrator(s), the Court shall determine the number of arbitrators and designate the arbitrators within 1,5: days after service of the order of referral to non-binding arbitration. In the case of a pane!, one of the arbitrators shall be appointed as chief arbitrator. Where there is only one arbitrator, that person shall be designated as the chief arbitrator. Counsel for the Plaintiff(s) shall within FIFTEEN (15) days of the date of this Order schedule the date, time and location of the arbitration to the convenience of all parties. attorneys and arbitrator(s). The arbitration fees sl~all be equally divided and paid by the parties. All partJes, including non-counsel representatives of corporate parties with full authority to set~Je the matter, must attend the arbitration hearing. If insurance is involved, whether cr not named as a party, the insurance company shall have a representative present with f'all and absolute authority to resolve the case. Parties may be represented by counsel; however, counsel shall not be considered a representative of the party for purposes of this section. Heanngs may continue without the presence of counsel. If a party fails to attend the scheduled hearing, the chief arbitrator may proceed with the hearing, and the arbitrator(s) shall render a decision based upon the facts and circumstances as presented by the parties present. Failure to attend the hearing may also result in the court applying sanctions including the striking of pleadings or portions thereof, the awarding of fees anc costs and/or contempt proceedings. The parties shall submit case summaries to each arbitrator at least 10 days prior to the hearing. The headng shall be conducted informally. Presentation of testimony shall be keep to a minimum and facts and issues shall be presented to the arbitrator(s) primarily through documents and the statements and arguments of counsel. Any party may have a record and transcr pt made of the arbitration hearing at that party's expense. AGENDA ITEM JUN 1 1 2002 pg._ Exhibit ...... ,-,. Page Two Arbitration shall be completed within 30 days of the first arbitration hearing unless extended by Order of the Court on motion of the Chief Arbitrator or of a party. No extension of time shall be for a period exceeding 60 days from the date of the first -arbitration hearing. Upon the completion of the arbitration process, the arbitrator(s) shall render a decision. In the case of a panel, a decision shall be by a majority vote of the panel. If the decision establishes or otherwise clearly demonstrates a party to be the prevailing party, the decision should also include a recommendation as to the assessment of costs, and the reasonable amount of those costs. While the issue of attorney's fees, if appropriate, is normally reserved for the trial court, see Tumbe,my Associates v Service Station Aid, Inc., 651 So. 2d 1173 (Fla. 1995), the par't.:,es can waive this right and have the arbitrator(s) render a finding on entitlement ar, d/or the reasonable amount of the attorney's fees. Such waiver should be in writing and signed by the respective parties or their attorneys. The amitrator(s) sha;I be compensated pursuant to F.S. 44.103(2), or as agreed to by the arbitrator(s) and the parties. The Cou~ reserves the right to convert a Rule 1.800 · ~./,.,u proceeding if compensation becomes a pertinent issue. proceeding ~ntc a Within 10 days of the fir',ai adjournment of the arbitration hearing, the arbitrator(s)shall provide the parties with a written decision pursuant to F.S. 44.103(5). The arbitration decision may set forlh the issues in controversy, findings of fact and conclusions of law. The original written decision and the original of any transcripts shall be sealed and filed with the clerk at the time the parties are notified of the decision. Any party may file a motion for trial de novo, pursuant to F.S. 44.103(5). If a motion for trial de novo is not made within 20 days of service of the parties of the decision, the decision shall be referred to the presiding judge, who shall enter such orders and judgments as may be required to carry out the terms of the decision. Lo If a trial de novo is requested and the judgment at trial is not more favorable than the decision of the arbitrator(s), the Court may assess the party requesting the trial and the other party's expenses, costs and fees, including reasonable attorneys fees. See F. S. 44.103(6). JUN 1 1 2002 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION I~ELY BAREFOOT BEACH PROPER'I~' OWNERS ASSOCIATION, INC., a Florida corporation, and LELY BAREFOOT BEACH MASTER HOMEOWNERS ASSOCIATION, INC., a Florida corporation, L Plaintiffs, Case No.: 95-0073-CA-01 COIJ.IER COUNTY, a political subdivision of the State of Florida, Defendant, ROBERT A. BLrlTERWORTH, in his official capacity as Attorney General for the State of Florida, and on behalf of THE BOARD OF TRUSTEES OF TI-IE INTERNAL IMPROVEMENT TRUST FUND, Intervenor. AMENDED ORDER ON CASE g~4,NAGEMENT TI-IlS MATTER having come before this Court on October 29, 2001, at a case management conference pursuant to Rule 1.200(a), Fla. Stat., and this Court having entered an original Case Management Order on November 15, 2001, and this matter then having come before this Court again on an agreed motion to amend the November 15, 2001 Case Management Order, and this Court having considered same and being fully advised in the premises and for good cause shown, IT IS HEREBY ORDERED AND ADJUDGED that: AGENDA, ITEM JUN 1 1 2002 1. Trial of this action shall be set for a non-jury trial on this Court's non-jury trial docket in November 2002: 2. Discovery in this action shall be completed by July 31, 2002. 3. Non-binding arbitration shall be scheduled and completed by or before June 20, 2002. 4. In all other respects, the November 15, 2001 Case Management Order shall remain in effect. DONE AND ORDERED in Chambers in Collier County, Naples, Florida on this __ day of ,2002. Conformed copies to: THE HONORABLE HUGH D. HAYES Circuit Court Judge Jason Hunter Korn, Esq. William Hazard, Esq. Ramiro Mahalich, Esq. Monica Reimer, Esq. 2 AGENDA ITEM NO. JUN 1 1 2002 IN THE CIRCUIT COLT, T OF THE TWENTIETH JUDICIAL CIRCUIT IN ANT) FOR COLLIER COUNTY, FLORIDA LELY B.~*,.EFOOT BEACH PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation, and LELY BAREFOOT BEACH MASTER ASSOCIATION, INC., a Florida corporation, Plaintiffs, VS. COLLIER COLrNTY, a political subdivision of the State of Florida. Defendant, VS. ROBERT A. BUTTERWORTH, in his official capacity as Attorney General for the State of Florida, and on behalf of the BOARD OF TRUSTEES OF THE ENTER_NAL IMPROVEMENT TRUST Intervenor CASE NO. 95-0073-CA-HDH AMENDED NOTICE OF NON-BINDING ARBITRATION PLEASE TAKE NOTICE that pursuant to the Court's Amended Order on Case Management of February 13, 2002, requiring non-binding arbitration of the above-referenced action to be completed by June 20, 2002, and through mutual agreement of the parties, this matter will proceed to non-binding arbitration before the Honorable Daniel S. Pearson, Arbitrator, on Wednesday, June 19, 2002 at 9:30 a.m. and continuing thereat'ter at the law offices of Cummings & Lockwood, 3001 Tamiami Trail North, Fourth Floor, Naples, Florida, or such other location as subsequently agreed JUN 1 1 2002 pg. ,, .~t~ upon by the parties or directed by the Court. longer than two days. The non-binding arbitration is scheduled to last no Counsel for Plaintiffs Lely Barefoot Beach Property Owners Asseciation, Inc. and Lely Barefoot Beach m~t~er Association, In_c_f~ JA~O~-iq'ER~ORN, ES Q. ".,, ,, Florida ~ar # 066117 · -,,~CU-MlyIINGS & LOCKWOOD P-'70. Box 41-"'- "3032 Naples, FL 34101 Tel. (941) 649-3111 Fax (941) 262-6092 WILLIAM J. HAZZARD, ESQ. CONrR. OY, COLEMAN & HAZZARD 2640 Golden Gate Parlovay, Suite 115 Naples, FL 34105 Tel. (941) 649-5200 Fax (941) 649-8140 2 AGENDA ITEM JUN 1 1 2002 Pg. ADMINISTR_A. TIVE RULE 2.20 CERTIFICATION Pursuant to Administrative Order 2.20, and the Standards of Professional Courtesy and Conduct for Lawyers Practicing in the Twentieth Judicial Circuit, prior to the filing of the attached Notice of Non-Binding Arbitration, the undersigned communicated with counsel for all parties to coordinate the selection of an arbitrator and the date,r,time and place for schedulin_o of the arbitration. /,, 3 NO. i HOLLAND & KNI LLP Anll0Olis Noflllm Vblinia ~ 0d~fldo 24, 2002 DANIEL S. pEARSON dl~earsm~b.kl~w.com Facsimile Jason Hunter Korn, Esq. Cummings & Lockwood 3001 Tem~mi Trail North, 4'h Floor Naples, Florida 34103-2799 P~-,~-'o Manal/ch, Esq. Michael W. Pet~dt, Esq. Office of the County Attorney Collier Count~ Courthouse 3301 E. Tamiami Trskl Naples, Florida 34112 William J. Hazzard, Esq. Conroy, Coleman & Hazzard, PA 2640 Golden Gate Pky - Su/te 115 Naples, Florida 34105 Monica I4. Reimer, Ass'l; Attorney General Office o£ the Attorney General PL-01, The Capital Tallahassee, Florida 32399-1050 Lely Barefoot / CoZlier County / But~erworth (Guardhouse Dispute) Dear Counsel: I have now received the voluminous documents forwarded for my review. It is qui~e obvious to me flint this review is going to take a considerable amount of time both before and after the scheduled final hearing. Accord~ly I must request that the parties submit to me an advance payment of $20,000 each to be used against the future payment of fees and costs to-be recurred in thiz case. Any unused amount~ will be returned and any overage will be billed af~er these deposits have been exhausted. I look forward to our upcoming telephone conference. Sincerely yours, HOT.TAND & KNIGHT LLP MIAJ. #1159684 vl Daniel S. Pearson JUN I 1 2002 I>g./___/./././././././~~ 0512~f2082 16:53 8504~49650 ATTORI~Y~ OFFICE OF THE ATTORNEY GENERAL THE CAPITOL TALLAHASSEE, FLORIDA 32399-1050 R~B~,RT A. B~rTB~WORTH PAGE o11~ ~t tl~ At'~m~ G,:=~I 82/82 May 29, 2002 VIA FACSIMu,[ Mr. Daniel S. Pearson Holland & Ir, night LLP 701 Bricken Avenue, 9ttff. c 3000 P.O. Box 015441 MJzn/, Flor/da 33101-$44! Re: lely Barefoot/Collier Cow~owor~h (Guardhouse Dispu~) Dear Mr. P~arson: Thc Attorney General's Office has received your request f~ an advance payment of $1 iS,000 to bc used ag'~mt the future payment offe~ and coats in the arbitration of the above styled case. My office W/shes to comply with this request through the i~suance of a purchase order in the amount of $15,000. We will r~quest a check for the $1~,000 froro thc Compixoller pursuant to this purchase order which will then be forwarded to your office. However,/n or&r to process your request in this -~'mer I will need au invoice from your finn specifically req~ an advan~ payment of $15,000 for services to be rendered/n connection w/th your arbitration of this case. Thc invoice should state th~ it z, epresents 30 hours ofservice~ to be rende~d at the rate of $500 per hour a~d should also inclucl~ either your social security m~.ber or your fn'rn's federal identitic~on mmic. It should also st~ (as you cxpl~ed in. your letter) that "any mmscd amounU will Ix: rcturnexi and any overage will be b~d after thcsc d~10o~ have been cxMm~ecL' If you fax the/nvoicc to my office at (850) 414- 9650, we ~ walk it over to the ~ollcr's Office which will require ~rproximmely 3 days Pl~se Itt mc know fit. his rmthod ofhm~lling your request is acceptable. Monica Ii. Reimer Assislmst Attorn~ ~ cc: Coumcl of Record Tcri Jenkins ~ AGENDA iTEM NO. ?F',., /.-, JUN 1 1 2002 pg:. /4/ EXECUTIVE SUMMARY Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Lee County Housing Finance Authority to issue single-family mortgage revenue bonds to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an interlocal agreement with the Lee Authority. OBJECTIVE: TO accomplish the necessary approvals to authorize the Lee County Housing Finance Authority issue single-family mortgage revenue bonds to be used to originate mortgage loans to qualified buyers of single family homes in participating counties, including Collier County and authorizing the Housing Finance Authority of Collier County to enter into an interlocal agreement with the Lee Authority to allow participating lenders to originate loans in Collier County. CONSIDERATIONS: For several years the housing finance authorities of the various counties in southwest Florida have been cooperating in several housing programs to maximize the benefits to all participating counties. One of these programs has been the single family mortgage revenue bond program run by the Lee Authority. The program works as follows. Participating lending institutions in southwest Florida subscribe to originate loans under the program. The Lee Authori5y nhen issues mortgage revenue bonds to create a pool of funds from which mortgages can be originated. Buyers apply to the participating institutions for mortgages, and if the buyer qualifies for a bond pool mortgage the loan is originated from the pool. These mortgages generally carry interest rates that are lower than comparable mortgages. The qualifying limitations of buyers, which is set by federal tax law, contain restric5ions which makes the program little used in Collier County. For example, buyers must be first-time home buyers and the home cannot cost more than $106,000, among other restrictions. Given the reality of home prices in this county, the demand for mortgages that qualify under this program is not large. However there is a small but steady demand in this county, and i5 makes sense to offer the program here. It is not economically feasible for the Housing Finance Authority of Collier County tc issue bonds for this purpose. On the other hand, a program initiated by the Lee Authority in which any of the counties in the region that desire can participate offers the economies cf scale. C '~%{)Files.documem~lOFA Single Faro:i} £xecuI~ ¢$ un~ma~Q ~-22-02 ~ pd AGENDA I'[EM. No. JUN 1 1 2002 This is particularly true in this region since most of the participating lending institutions have branches in all of the counties in the region. There is no cost or obligation involved in Collier County participating in the program. However, since the bonds are issued by the Lee Authority, Collier County must authorize the program in this county in order for the participating institutions to originate these mortgages in Collier. In order to do this, the Board of County Commissioners must adopt a resolution authorizing the bonds and the interlocai agreement between the Lee and Collier Authorities. As are all mortgage revenue bonds, these bonds are based on payments from mortgages originated under the program and are not obligations of the Authority or the County. There is no pledge of any taxes, ncr a pledge of any revenues except the mortgage payments. Neither the County, the Board, the Authority, 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 assis% in providing affordable housing in Collier County. RECOMMENDATION: The Board of County Commissioners adopt the attached resolution. Donald A. Pickworth, Counsel Housing Finance Authority of Collier County Approved by: David C. Weigel County Attorney -2- AGENDA ITEM_ NO. ~ JUN 1 1 2002 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA TO OPERATE WITHIN THE BOUNDARIES OF COLLIER COUNTY; AUTHORIZING THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA TO ENTER INTO AGREEMENTS WITH THE HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA; APPROVING THE ISSUANCE BY THE HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA OF NOT EXCEEDING $99,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS (MULTI-COUNTY PROGRAM), IN VARIOUS SERIES PURSUANT TO SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. Chapter 159, Part IV, Florida Statutes (the "Act") authorized counties to create housing finance authorities to exercise powers of the Act within their boundaries or outside their boundaries with the consent of the governing body of the entity outside their area of operation; and WHEREAS, the Board of County Commissioners of Lee County, Florida. adopted Ordinance No. 81-37, by which it created the Housing Finance Authority of J..ee CountY, Florida (the "Lee Authority") and authorized the Lee Authority to exercise all powers under th~ Act: and WHEREAS, pursuant to the Act, the Board of County Commissioners of Collier County. Florida (the "Board"). has found a shortage of affordable housing and capital investment the. rein and a need for a housing finance authority to function in Collier County, Florida and did accordingly create the Housing Finance Authority of Collier County. Fl~)rida (the "Collier Authority"); and WHEREAS, it is not practicable at this time under existing Florida and federal bond regulations for a single Collier agency to issue its bonds for the purpose of implementin~o a single family housing program, although the shortage of such single family housing and c~,pital for investment therein is continuing in Collier County; and WHEREAS, the Lee Authority has authorized the issuance of not exceeding $99,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program) in various series (the "Bonds") over a three-year period, and has indicated to the Board its willingness to exercise its powers in Collier County to finance single family housing therein as permitted by the Act upon approval of the Board; and WHEREAS, The Collier Authority has considered the advisability of authorizing the Lee Authority to exercise its powers in Collier County to finance single f:~milv housine, and has adopted a resolution on Ma3' 22. 2002 (the Collier Authority Resolution) attach'ed hereto~as Exhibit A. said resolution havine been adopted after a public hearing, notice of which wasgmblished in the Naples Daily News ~n accordance with the requirements of the Internal Revenie ~N~T~M JUN 1 2002 which resolution approves the Lee Authority to exercise its powers in Collier County to finance single family housing therein and approves an Interlocal Agreement between the Lee Authority and the Collier Authority; and WI-IEREAS, the Board desires to express its approval of the action to be taken pursuant to the Lee Resolution; NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. Because of the continuing shortage of affordable single family housing and capital for investment therein in Collier County and the continuing impediments to a bond issue to alleviate such shortages as to single family housing, it is hereby determined that the Board of County Commissioners of Collier County consents to the Lee Authority exercising its powers to issue the Bonds and to implement a program from a portion of the pro.ceeds of the Bonds to finance single family housing within the statutory boundaries of Collier County; provided, that the Lee Authority and the Collier Authority first enter into a written agreement setting forth the powers, duties and limitations of the Collier Authority as they pertain to the use of said bond proceeds within Collier County and payment of the issuance costs for such Bonds. SECTION 2. In furtherance of the purposes set forth in Section 1 hereof, the Chairman or Vice-Chairman and Secretary or Assistant Secretary of the Collier Authority are hereby authorized to execute such consents, intergovernmental agreements or other documents as shall be required to implement such single family housing program and to provide for payment of Collier County's proportionate share of costs of issuance of such Bonds, all as shall be approved by counsel to the Collier Authority. SECTION 3. An Interlocal Agreement, in substantially the form attached hereto as Exhibit B, and made a part hereof, between the Collier Authority and the Lee Authority is hereby approved. The officers of Collier Authority are, upon due authorization and approval by that body, hereby authorized to enter into the Interlocal Agreement on behalf of the Collier Authority. SECTION 4. The Board hereby approves the issuance bv the Lee Authority of not exceeding $99,000,000 Single Family Mortgage Revenue Bonds (l~lulti-County Program). in various series and such other action t(~ be taken pursuant to the Lee Resolution. SECTION 5. All resolutions or parts thereof of the Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 6. Adoption of this Resolution does not authorize or commit the expenditure of any funds of Collier County or of the Collier Authority to pay the costs of issuance of such Bonds. SECTION 7. The approval of the Bonds contemplated by this Resolution shall not be deemed to abrogate any land development regulations of Collier Count3', including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein, with respect to the acquisition or construction of housing pursuant to mortgage programs under this bond program. AGENDA IIEM NO. ~ 2 JUN 1 1 2002 pg. L~ SECTION 8. The Bonds shall not constitute a debt or a pledge of the faith and credit of the Collier Authority, Collier County, the State of Florida or any political subdivision thereof, and neither the Collier Authority, Collier County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties provided in the Indenture. No member of the Board or any officer of Collier County shall be liable personally on the Bonds by reason of their issuance. SECTION 9. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED in the Regular session this 1 lth day of June, 2002. COLLIER COUNTY, FLORIDA (SEAL) ATTEST: By: James N. Coletta Chairman, Board of County Commissioners Clerk, Board of County Commissioners Approved as to form and legal sufficiency: David C. Weigel County Attorney AGENDA JIEM ~0. ~ ~(~ ~-~ J UNll 2002 ImSOl tmON NO. 2 o o,:- o 5 A RF, SOLUTION APPROVING THE ISSUANCE THE HOUSING FINANCE AUTHO~TY OF LEE CO~Y (~O~DA) OF ~S SINGLE FA~LY MORTGAGE ~VENUE BONDS IN THE A~GATE AMOUNT NOT TO EXCEED $99,~,~ TO PRO~E ~NDS TO ~ANCE QUALIFYING S~GLE FAMILY MORTGAGE LOANS ~ VA~OUS cO~TI~ ~THIN THE STATE OF FLORA, ~CLUDING COLLIER COUNTY; AND PROV~ING AN EFFECTIVE DATE. WHE~AS, ~e Housing Finance Au~ority of ~e CounW (Florida) (the "Lee Authority") h~ au~or~ed the initiation of official action to issue its Single F~ily Mortgage Revenue Bonds (~e "~ Bonds") to provide fin~cing of q~lified owner-occupied single f~ily residences to ~eviate ~e shortage of housing in v~ious counties wi~n ~e State of Florida, including Collier County ~d o~er coumies wi~M ~e State which agree to participate (collectively, ~e "Counties") by acquiring certain mortgage loans or securities backed by mortgage lo~s originated by lending institutions to f~ance ~e purchase of single f~ily, owner-occupied houses for low, moderate or middle income persons or f~ilies in the Counties. The Lee Bonds to be issued as described herein are referred to herein as the "Bonds"; and WHE~AS, Section 159.603, Florida Statutes, as amended, au~orizes the Board to approve the operating of ~e Lee Authority within the territorial boundaries of Collier County (the "County"); and WHE~AS, combining the authority to issue single f~ily mortgage revenue bonds of the Lee Authority, ~e County and any other counties desiring to participate in ~e issue will permit mortgage loans to be made available at rates below the rates otherwise attainable t~rough sep~ate issues; and W~AS, such a program would benefit ~e County and aid in alleviating a shortage of affordable housMg and capital available for investment therein within ~e County; and ~~AS, the Authority held a public hearing on the proposed issuance of ~e Bonds for ~e pu~ses hereM smt~ on May 22, 2002 which public hearing w~ conducted in a ma~er ~at provided a reaso~ble oppor~nity for persons with differing views to be heard, bo~ orally and in writing, on bo~ ~e issuance of such Bonds ~d ~e participation of ~e Au~ority ~rough ~e Imerlocal Agreement; and W~~, ~e Housing Fimnce AuthoriW of Collier County, Florida desires to approve said program and a plan of finance ~ereof over a ~ee-year peri~. NOW, T~FO~, BE IT ~SOLVED BY THE HOUSING FINANCE AUTHO~TY OF COLLIER CO~TY, FLO~DA: SECTION 1. Pursuant to Section 159.603, Florida Statutes, as amended, ~e operation of the Lee Authority wi~in ~e territorial boundaries of Collier Cou ty as hereby approved. _ .................................. - I NO. 1~72~ mxmm, A TO COUN JUN 1 1 2002 SECTION 2. The execution and delivery of the Interlocal Agreement, authorizing the issuance of the Bonds to finance qualifying single family mortgage loan programs in Lee County, the County and other participating counties, a proposed form of which is attached hereto as Exhibit A, is hereby authorized. The form of the Interlocal Agreement attached hereto as Exhibit A is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form by the officers of the County and the Lee Authority executing same, such execution and delivery to be conclusive evidence of such approval. The Chairman or Vice Chairman and the Secretary or Assistant Secretary of the Authority are hereby authorized and empowered to execute and deliver the Interlocal Agreement, subject to such changes, modifications, additions, deletions and substitutions as such officers executing the same shall approve and to affix thereto or impress thereon the seal of the County. SECTION3. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "B" is hereby approved and the publishing thereof ratified by the Authority. SECTION 4. This resolution shall take effect immediately upon its adoption. PASSED ANT} ADOPTED this May 22, 2002 HOUSING FINANCE AUTHORITY COLLIER COUNTY, FLORIDA OF (SEAL) Chairman ATTEST: ts/ Secretary NO.--~ JUN INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into by and between the HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Lee Authority"), and the HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Collier Authority"). WITNESSETH: WHEREAS, Chapter 159, Part IV, Florida Statutes, as amended, authorizes the creation of Housing Finance Authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, the Lee Authority has resolved to issue not exceeding $99,000,000 Single Family Mortgage Revenue Bonds, in various series (the "Lee Bonds"), which Bonds may be issued from time to time over a three-year period; and WHEREAS, pursuant to Section 143 of the Internal Revenue Code of 1986 (the "Code"), as amended, the amount of private activity bonds, including qualified mortgage bonds, which may be issued by governmental units in any calendar year is limited, and is available for allocation to issuers within the State in accordance with Chapter 159, Part VI, Florida Statutes, as amended; and WHEREAS, pursuant to individual interlocal agreements to be entered into between the Lee Authority and the Housing Finance Authorities of other counties (or with other counties in the absence of a housing finance authority) within the State, including Collier County (collectively, the "Counties"), each of the Counties will delegate its authority to purchase mortgage loans or securities backed by mortgage loans originated within the territorial boundaries of its respective county to the Lee Authority (the territorial boundaries of Lee County and the territorial boundaries of the Counties, collectively, the "Area of Operation"); and WHEREAS, by combining the allocation amounts of the Lee Authority and the Counties, the Lee Authority will be able to make available mortgage loans at rates below the rates otherwise attainable if any of the Counties undertook a separate issue; and WHEREAS, Sections 125.01, 163.01, 159..608 and 159.803(1), Florida Statutes, as amended, authorize the Lee Authority and the Collier Authority to enter into this Interlocal Agreement in order to make the most efficient use of their respective powers, resources and capabilities by authorizing the Lee Authority to exercise those powers which are common to them for the purpose of issuing one or more series of the Lee Bonds to finance qualifying single family mortgage loan programs for the entire Area of Operation. NOW, THEREFORE, the parties agree as follows: SECTION 1. SUBSTITWrlON OF BONDS; EXPENSES. The Ct hereby grants authority to the Lee Authority to issue its Single Family Mortgage EXHIBIT A TO COLLIER ,IXUTHORITY RESOLUTION JUN ~ 1 2002~- to finance qualifying single family housing mortgage loans described in the resolutions authorizing the Lee Bonds, and any such Lee Bonds issued for such qualifying housing mortgage loans in Collier County are hereby deemed to be in full substitution for an equivalent principal amount of the Collier Authority's Bonds. All revenues generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Lee Authority or its agents and all payments due from such revenues shall be paid by the Lee Authority or its agents without further action by the Collier Authority. The fees and expenses, if any, incurred by the Collier Authority and/or the Collier Authority's Attorney with respect to the single family mortgage revenue bond program specified in this Agreement, shall be paid from the proceeds of any bonds allocable for use in the County and issued pursuant to this Agreement or from program fees contributed by participating lenders. Such fees and expenses payable from proceeds of the Lee Bonds shall not exceed $1.00 per $1,000 principal amount of Lee Bonds allocated for use in Collier County. SECTION 2. ADMINISTRATION. The Lee Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Collier Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within Collier County. The Lee Authority and its agents shall provide the Collier Authority with such reports as may ~e necessary to account for funds generated by this Agreement. The Lee Authority shall have full authority and responsibility to negotiate, validate. market, sell, issue and deliver its Lee Bonds in such amount as the Lee Authority shall in its sole judgment determine (taking into account lender demand and available allocation of private activity bond issuance authority pursuant to Chapter 159, Part VI, Florida Statutes, as amended) to financh qualifying single family housing mortgage loans in the County and to take such other action as may be necessary or convenient to accomplish such purpose, such bonds to be issued in one or more series as determined bv the Lee Authority. SECTION 3. PROGRAM PARAMETERS. The Collier Authority shall determine the methodology for establishing and establish initial maximum housing prices and initial maximum adjusted family income for eligible borrowers in Collier County in accordance with the Code, and in each subsequent year, the Lee Authority shall adjust maximum housing prices and maximum adjusted family income for eligible borrowers in Collier County using the methodology determined by the Collier Authority in accordance with the Code. The Collier Authority hereby consents and agrees to the establishment by the Lee Authority of all other program parameters including, but not limited to, selection of allocations among participating lenders as may be required for any bonds issued by the Lee Authority pursuant to this Agreement. The Lee Authority shall select allocations among participating lenders in Collier County based on lender demand in the County, available allocation of private activity bond issuance authority and the lenders' performance in prior bond programs. SECTION 4. TERM. This Agreement will remain in full force and effect from the date of its execution until the date when no Lee Bonds remain outstanding; provided that any party hereto shall have the right to terminate this Agreement upon 30 days' written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by any party during any period that any series of Lee Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Lee Bonds 2 JUN Il 21)[12 are still in the possession of the Lee Authority or its agents pending distribution, unless the parties to this Agreement mutually agree in writing to the terms of such termination. It is further agreed that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in fulfilling the obligations associated with the issuance of Lee Bonds pursuant to this Agreement. SECTION 5. INDEMNITY. The Lee Authority agrees to hold the Collier Authority harmless, to the extent permitted by law, from any and all liability for repayment of principal of and interest or penalty on the Lee Bonds or in connection with the approval by the Collier Authority of the program parameters as required by Section 3 of this Agreement, or in connection with the approval rendered by Collier County pursuant to Sections 159.603 and 159.604, Florida Statutes, as amended. The Lee Authority agrees that any offering circular or official statement approved by and used in marketing the Lee Bonds will include a statement that Bondholders may not look to the Collier Authority for payment of the Lee Bonds and interest or premium thereon. SECTION 6. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof as of HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA (SEAL) By' Chairman ATTEST: Secretary/Treasurer HOUSING FINANCE AUTHORITY COLLIER COUNTY, FLORIDA OF (SEAL) ATTEST: By: Chairman Secretary AGENDA I.TF~ JUN l l 2002 Naples Daily News Naples, FL 34102 Affidavit o~_Publication Naples Dally News PICKWORTH. DONALD 5~50 TAMIAMI TRL N #602 NAPLES F~ 34103 REFERENCE: 010784 58449320 NOTICE OF PUBLIC HEA Sct,a,t.e of FlotSam oun~¥ of Col±ler · Be~bre the unders£~ned authority, Dersopall¥ appeared B. La_mb, who o_n oat.h sayB~th~t .s. ne~s~rves aB Assistant CorDorar. e .~ecretarv Q. tne Naple Dail_y. ~ews, _a d.a~ly_~wspa'per~ p~b~.l~hed_.atL~_a~les, copy or aGver~i.slng.was DuD±isneG in salG new a er n G tea -late . ~%~nt ~urt~er says, ~a,t %he said~Naples Dai%y News is a newspaper p~D£lsn~G at Naples, Collier Co~nty~ Flor%da, and that ~he sa$~ ~e~pape~ has h~reto~Qre D~en contA~ly DUDIiSneG in samd Collier countv,~ ~'zorl~a, eacn ~av and has. been ent~e~ as sec6od class ~a~er a~ tn~ po~ o~ce~n Naples, ~n s~a uol~ler counsv, k'lo~%~a. ~or.~ De~lo~ Qf nex5 pr~ce~in~ %~e~ilrsD puDl~c~t~Qn ~tt~ne~ c~Dy QI. a~yer~sement3 an~ ~z~anu rur~er~say~ tha~ sne~oas neither pa~ nor prom~seG anv. person, r%rm or corpo~an%o~ any, ~zscounn, ~r~D~te, co~%ssiQn or rerunG ~cr ~ne purpose or securzng ~zs aGvertisement puollcnion in the ~al~ newspaper. PUBLISHED ON: 05/06 AD SPACE: 12Q.0Q0 INCH FILED ON: 05/06/02 ..... Signature of Affiant ~. / Sworn ~o and Subscribed bede m~his .~:~ day ' My Commtllton DD05~336 :EXHIBIT B TO COLLIER AUTHORITY.RESOLUTION AGENDA ~l'~ ~ NC). ~ JUN 1 1 2002 (94,1) 263-8060 DONALD A. PICKWOI~TH, P.A. ,~.TTORNEY AT LAw SUITE 602 NEWGATE TOWE~ 5150 NORTH TA~IA~I TRAIL NAPLES, FLORIDA 3~10~ May 22, 2002 FAX (94,1) 598-1161 David Weigel, Collier County Attorney Collier County Attorney's Office Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, FL 34112 June 11 Agenda; Collier County Housing Finance Authority- Approval of Bond Issues Dear David: I am enclosing the following documents for inclusion in the June 11, 2001 agenda: Packet l- Sawarass Pines Executive Summao' relating to approval of the issuance of Housing Finance Revenue Bonds by the Collier County Housing Finance Authority for the Sawgrass Pines Apartments project. A Resolution to be adopted by the Board of County Commissioners at the Board meeting of June 11, 2002 approving the bond issue (the "County Resolution"). Exhibits to the County Resolution consisting of Affidavit of Publication for the required TEFRA heanng conducted by the Authority and the Resolution adopted by the Authority at the meeting of the Authority on May 22, 2002. [NOTE: This is identical to Resolution 2001-485 adopted December 11, 2001. There was a scrivener's error in the amount of bonds authorized-my mistake]. Packet 2-Sinele Family Bonds Executive Summary relating to approval of resolution authorizing Lee County Housing Finance Authority to issue single family mortgage revenue bonds to be used for loans by participating lending institutions in Collier County and authorizing Collier Housing Finance Authority to enter into interlocal agreement with Lee Authority. I AGEND~IIEM~"" NO. ~ JUN 1 1 2002 Resolution to be adopted by the Board of County Commissioners at the Board meeting of June 11, 2002 approving the above. Exhibits to the County Resolution consisting of Affidavit of Publication for the required TEFRA hearing conducted by the Authority and the Resolution adopted by the Authority at the meeting of the Authority on May 22, 2002. The Sawgrass approval is to correct an error in the 2001 resolution. We advertised the TEFRA hearing with an amount of $8.1 million, and adjusted the request at the Authority hearing to $6.8 million, but I erroneously drafted the BCC resolution as $6.5 million. The single family deal is for Collier County to participate in the Lee County Housing Finance Authority's single family issue. We have been doing this for several years, and it has been successful without any cost. Since we have been placing these items on the Consent Agenda, I would request that this also be on Consent. Please contact me immediately if there is any objection to the approval or the inclusion of this matter on the consent agenda. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Enclosures Donald A. Pickworth AGENDA ilEM. NO. ~ JUN 1 1 2002 EXECUTIVE SUMMARY PETITION CU-00-22, WILLIAM HOOVER, OF HOOVER PLANNING AND DEVELOPMENT, INC., REPRESENTING YAHL MULCHING, INC. & WASI-IBLYRN REALTY, LLC, REQUESTING CONDITIONAL USE "2" OF THE "A" RURAL AGRICULTURAL ZONING DISTRICT TO ALLOW FOR THE EXPANSION OF AN EXISTING HORTICULTURAL MULCHING FACILITY FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WASHBURN AVENUE AND APPROXIMATELY 2 MII~ES EAST OF COLLIER BOULEVARD (CR-951), IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a conditional use "2" of the "A" Rural Agricultural zoning district allowing for the expansion of an existing horticultural mulching facility while maintaining the community's best interest. CONSIDERATIONS: The existing mulching facility first received conditional use approval in 1997 and was expanded by an additional 5-acres in 2000. This conditional use request is to extend the mulching operations over the recently acquired 12.92 acres of land located to the southwest of the existing facility while the mulching equipment is primarily located in the northeastern portion of the property. As a result, the total site area (as proposed) will comprise of 27.9-acres. The petitioner is also proposing to add a parking lot for additional equipment and trucks on this site. The mulching facility operates by taking in horticultural debris at the site, and then the material is then sorted into stockpiles. Smaller tree limbs are ground into mulch, while larger branches suitable for making lumber are stockpiled and hauled off- site. The petitioner indicates that the northern portion of the additional land will be used mostly for sorting and storage while the southern portion of the added lands will be a preserve area. The traffic analysis indicates that the ingress and egress to the site will be provided through Washburn Avenue, which is a paved road while a new access point to the south of the existing access point is proposed. This access is intended to reduce the distance that trucks will have to travel on Washburn Avenue by approximately 1000 feet. In addition, the proposed expansion will add approximately 10 to 15 trips to and from the site on weekdays. The ITE Trip Generation manual indicates that the entire site will generate 45 to 60 trips on a weekday. Based on this data, the site-generated traffic will not have a significant impact on any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). JUN I 1 2002 I ANALYSIS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4 of the l_and Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Collier County Planning Commission and the Board of County Commissioners. The subject site has adequate frontage and will not adversely impact traffic flow. In addition, the existing and proposed ingress/egress is considered to be an optimal location in terms of traffic flow and safety. It is unlikely that any additional glare or odor will be produced by the proposed expansion at a level that exceeds the impacts are currently generated by the existing mulching facility. Staff is of the opinion that this petition represents a logical expansion of the existing facility, and is therefore compatible with adjacent agricultural land uses. However, intensifying the traffic conditions on Washburn Avenue resulting from this project may at times give rise to inconveniencing neighborhood residents. FISCAL IMPACT: This project 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: Fire Impact Fee: Correctional Facilities Road Impact Fee: EMS Impact Fee: $0.30 per square foot under roof $0.0312 per square foot $2,279 per 1,000 square feet $41.00 per 1,000 square feet The total amount of impact fees for the mulching/recycling use is approximately $3,314. These impact fees are based on the total square footage of the proposed structures. 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. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is located in the Aghcultural Rural (Mixed-Use/Residential Sub-distri.ct) as identified on the FLUE of the GMP. The purpose of this sub-district is to protect and encourage agricultural activities and to provide for low-density residential development. JUN 1 1 2002 This district also allows for certain conditional uses, which may include recycling, a sawmill and similar uses. In addition, the site is within the area of the County subject to Final Order No. AC-99- 002, issued June 22, 1999, by the Florida Governor and Cabinet. It should be noted that the proposed uses are exempt from the prohibition of certain land uses in the Final Order Area. Conversely, the proposed Conditional Use for the expanded area would not be consistent with the Assessment-based GMP amendments for the Rural Fringe area, as approved by the BCC on March 4, 2002, for Transmittal to the Florida Department of Community Affairs. Accordingly, if the amendments were adopted as transmitted, the proposed Conditional Use would not be deemed consistent with these proposed amendments. Since the Assessment-based GMP amendments for the Rural Fringe area are not adopted, staff can only review the petition for consistency with the applicable elements of the GMP in effect at this time. Therefore, this request is consistent with the FLUE of the GMP. Lastly, during the adoption hearings for the Rural Fringe amendments, the Collier County Planning Commission and the Board of County Commissioners may consider including a policy to provide for such uses that may presently be deemed consistent with the GMP but that would not be consistent with the Rural Fringe amendments. ENVIRONMENTAL ISSUES: Wetlands on-site consist of cypress and pine/cypress/cabbage palm, and total approximately 20.8 acres in size. The project as proposed will impact approximately 5.2 acres of the pine/cypress/cabbage palm designation. Impacts to wetlands will be compensated for through enhancement of wetlands on-site. The existing 3.3-acre borrow pit and 0.5-acre disturbed area on the property will be filled and planted with wetland vegetation. Exotic vegetation will be removed from the site and the hydrology of the preserve areas' enhanced through design of the water management system. As proposed, approximately 46% (12.7 acres) of the project site will be left in a natural state and designated as preserve area. Additional wetland vegetation will also be planted in the existing lake on-site. This exceeds the 15% native vegetation preservation requirement pursuant to the Land Development Code. Information concerning the locations, densities and status of listed species from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) were reviewed along with other related publications. On-site surveys were preformed during early morning and late afternoon from October 14 through December 30, 2000. No listed species or indications of listed species were observed on the subject property. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historic and Archaeological Survey & Assessment or a waiver is required. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff had recommended that the Collier County Planning Commission (CCPC) forward Petition CU-00-22 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staff stipulations. JUN 1 1 2002 The staff stipulations that were approved by the Board of Zoning Appeals (BZA) with the original approval included a condition that the tub grinder not be operated within 150 feet of any property line per the manufacturers recommendation. In addition, the approval also limited the height of mulched piles to be no greater than 10 feet in height. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was reviewed by the Environmental Review staff and was sent to the Environmental Advisory Council CEAC) on May 1, 2002. The EAC recommended approval by a 7 to 0 vote subject to the issuance of the required permits from the South Florida Water Management District and the U.S. Army Corps of Engineers prior to site development plan approval. In addition, the petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service. PLANNING COMMISSION RECOMMENDATION: The Planning Commission heard this petition on May 16, 2002 and they voted 9 to 0 to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staff stipulations as contained in the Resolution of Adoption. They also recommended the following changes. The tub grinder shall not operate within 100 feet of any property line. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from the site shall not exceed 15 feet in height. RAY I~LLOWS, CHIEF PLANNER CURRENT PLANNING SECTION REVIEWED BY: PLANN~G SERVICES DEPARTMENT ! ! DATE' DATE APPROVED BY: ;TRATOR DEV. AND ENVIRONMENTAL SVCS. EX SUM MARY/CU-00-22/RVB/rb 2002 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 26, 2002 PETITION NO: CU-2000-22, MULCHING FACILITY OWNER/AGENT: Owner: Yahl Mulching, Inc. & Washburn Realty, LLC Teresa YahI-Fillmore and Jean Yahl 2250 Washburn Avenue S.W. Naples, FL. 34117 Agent: William L. Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road North, Suite B-1 Naples, FL. 34105 REQUESTED ACTION: The applicant is requesting Conditional Use 2 of the "A" Rural Agricultural zoning district in order to expand an existing horticultural mulching/recycling facility. GEOGRAPHIC LOCATION: The subject property is located on south side of Washburn Avenue SW, approximately 2 miles east of Collier Boulevard and north of the interstate 1-75 in Section 31, Township 49 South, Range 27 East, Collier County Florida. This parcel consists of approximately 28.3 Acres. (See illustration on the following page) PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "2" of the "A" Rural Agricultural zoning district to allow for the expansion of a horticultural mulching facility. The existing mulching equipment is primarily located in the northeastern portion of the property (See . UN 1 1 2002 ~'~.. JUN photograph #1). This conditional use request is to extend the mulching operations over the recently acquired 12.92 acres of land located to the southwest of the existinq facility (See photograph #2). Once horticultural debds is received at the site, the m~terial is sorted into stockpiles. Smaller tree limbs are ground into mulch, while larger branches suitable for making lumber are stockpiled and hauled off-site. The additional land will be used mostly for sorting and storage. The petitioner is also proposing to add a parking lot for additional equipment and trucks on this site. Photo #1 - View of existing mulching facility. Photo #2 - View of proposed expansion area. SURROUNDING LAND USE AND ZONING: Existing: The subject 12.92-acre site to be added to the project is vacant while the mulching operation is in a 15.3-acre parcel that is zoned "A" Agricultural. Surrounding: North- East - South- West- Washburn Avenue with 2 single-family dwellings and a mobile home each on 5-acre lots, zoned "A" Agricultural. The property is developed with single-family home on a site that is zoned "A" Agricultural. The property abuts the right-of-way for Interstate 1-75. The adjacent properties contain a communications tower and the County Landfill and are zoned "A" Agricultural. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is located in the Agricultural Rural (Mixed-Use/Residential Sub-district) as identified on the FLUE of the GMP. The purpose of this sub-district is to protect and encourage agricultural activities and to provide for Iow-density residential development. This district also allows for certain conditional uses, which may include recycling, a sawmill and similar uses. In addition, the site is within the area of the County subject to Final Order No. AC-99-002, issued JUN 1 1 2002 June 22, 1999, by the Flodda Governor and Cabinet. It should be noted that the proposed uses are exempt from the prohibition of certain land uses in the Final Order Area. Conversely, the proposed Conditional Use for the expanded area would not be consistent with the Assessment-based GMP amendments for the Rural Fdnge area, as approved by the BCC on March 4, 2002, for Transmittal to the Florida Department of Community Affairs. Accordingly, if the amendments are .adopted as Transmitted, the proposed Conditional Use would not be deemed consistent with these proposed amendments. Since the Assessment-based GMP amendments for the Rural Fringe area are not adopted, staff can only review the petition for consistency with the applicable elements of the GMP in effect at this time. Therefore, this request is consistent with the FLUE of the GMP. Lastly, during the Adoption hearings for the Rural Fringe amendments, the Collier County Planning Commission and the Board of County Commissioners may consider including a policy to provide for such uses that may presently be deemed consistent with the GMP but that would not be consistent with the Rural Fringe amendments. Transportation Element: The traffic analysis indicates that the proposed expansion will add approximately 10 to 15 trips to and from the site on weekdays. The ingress and egress to the site will be provided through Washburn Avenue, which is a paved road. In addition, a new access point to the north of the existing access point is proposed, which will reduce the distance that trucks have to travel on Washburn Avenue by 1000 feet. The ITE Trip Generation manual indicates that the entire site will generate 45 to 60 trips on a weekday. Based on this data, the site-generated traffic will not have a significant impact on any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the site is located outside an area of historical & archaeological probability as referenced on the official Collier County Probability Map. As a result, no Survey and Assessment is required. In addition, if, during the course of site clearing, excavation or other construction activity a 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 FOR ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of cdtical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation -3- 2002 Services Division staff. The Transportation Division staff has recommended approval of the expansion subject to the portions of Crawford Avenue from its intersection with Landfill Road to the project entrance be maintained in a dust free condition. This petition was reviewed by the Environmental Review staff and was sent to the Environmental Advisory Council (EAC) on May 1, 2002. The EAC recommended approval by a 7 to 0 vote subject to the issuance of the required permits from the South Florida Water Management Distdct and the U.S. Army Corps of Engineers pdor to site development plan approval. In addition, the petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service. ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. As noted above in the Future Land Use Element review, the requested mulching facility expansion is consistent with the applicable elements of the GMP and the applicable provisions of the LDC. The use in question is also permitted within the Agricultural Zoning District. Therefore, the proposed use is consistent with the Urban Residential Sub-district of the Growth Management Plan. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The access to the site is provided from Washburn Avenue, which was paved by the applicant. Washburn Avenue also intersects with Crawford Avenue, which in turn intersects with Landfill Road. Trucks traveling to and from the site will pass only one single-family residence. Based on staff's analysis of the existing traffic -4- 2002 circulation pattern, the proposed expansion will not adversely impact automotive and pedestrian safety or traffic flow. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. There are only 4 residential units immediately to the north and east of the subject site. In addition, there is an existing 6-foot high wooden fence with one tree planted every 30 feet along Washbum Avenue that provides a visual buffer for residents on that street. It should be noted that due to close proximity of the area to the County landfill, the odor and noise from the landfill has already impacted the area. As a result, any odor and noise impacts generated from the expansion of the mulching facility will not significantly increase the amount currently impacting in the area. Stipulations listed in the Resolution of approval are intended to minimize the impact of this proposed expansion on the neighboring properties. d. Compatibility with adjacent properties and other property in the district. Since the subject site is zoned Agricultural, as well as the surrounding properties, the permitted agricultural uses allows the use of heavy agricultural machinery and equipment. Furthermore, the horticultural mulching use in question has been in existence for at least two years at this location. The expansion is towards the County landfill and the Interstate. This should not cause any incompatibility in the area. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-2000-22 to the Board of Zoning Appeals (BZA) with a recommendation for approval subject to the following staff stipulations and as contained in the Resolution of adoption. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off-site. There shall be no permanent storage of solid waste on site. The portions of Crawford Avenue (from its intersection with Landfill Road) and Washburn Avenue to the subject site's driveway entrance where trucks enter the site shall be maintained in a dust free condition and topped with a minimum of a prime coat surface. -5- JU~ I 1 2002 o The tub grinder shall not be operated within 150 feet of any property line. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in place. There shall be a maximum of nineteen (19) dump trucks and fifty-six containers stored on site. The tub gdnder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. and 5:00 p.m., Monday through Fdday and shall not operated on days classified as legal holidays in the Florida Statutes. On-site diesel fuel storage shall not exceed 500 gallons. On-site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for the fueling of equipment utilized in yard maintenance. Maintenance and repair services to dump trucks, roll-off containers, and the end loader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installations of tires. The recapping/regrooving of tires and wheel alignments are not permitted. (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearing, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air conditioning system recharge. (f) Washing, buffing, and steam cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injections systems. (i) Electrical wiring repairs. (j) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (I) Lubrication, engine oil changes, transmission oil changes, and oil-air filter changes. (m)Minor welding and minor repainting but not frame straightening or major repainting. JUt 1: 2002 (n) The removal of engines, transmissions, rear differentials and four-wheel drive units shall not be permitted. 10.The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. 11. The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a daily basis by the on-site sprinkler system in order to reduce dust. 12. There shall be no other machinery or equipment stored on-site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. 13.The tub grinder will be equipped and operated with deflectors to minimize flying debris. 14.An Environmental Resource Permit or a Surface Water Management Permit from SFWMD must be obtained prior to any construction approvals being granted. 15. Prior to construction approvals being granted, this project must be reviewed and approved by Collier County Stormwater Management Department as it relates to any impacts on the Henderson Creek Branch Canal as well as any off-site flows coming through the project's site. 16. 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. Permits from the South Florida Water Management District and U.S. Army Corps of Engineers shall be presented prior to final site plan/construction plan approval. 17. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission regarding potential impacts to protected wildlife species on-site. A habitat management plan for protected species shall be submitted to Planning Services Department staff prior to final site plan/construction plan approval. JUN 1 1 ;?002 I~;~Y~ELLOWS, CHIEF PLANNER CURRENT PLANNING SECTION REVIEWED BY: DATE DATE J/OSi/EPH K. SC,i~MI'T'[ ADMINISTRATOR /O~MUNITY I~EV._AND ENVIRONMENTAL SVCS. ~9'taff Report for the May 16, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHfY', CHAIRMAN -8- AGENDA JUN 1 1 2002 Map Output Page 1 of 1 Yahl Mulchin 2002 .../com.esri.esr/map.Esrimap?ScrviccNamc~-c~a_dcsign&ClientVersion=3.1 &Form=Tmc&E~4/3 0/2002 Item V. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MAY 1, 2002 II. III. NAME OF PETITIONERfPROJECT: Petition No.: Petition Name: ApplicantfDeveloper: Engineering Consultant: Environmental Consultant: Conditional Use Petition No. CU-2000-22 Yahl Mulching and Recycling, Inc. Yahl Mulching and Recycling, Inc. Bill Rousseau, Richard Yahl, Jean Yahl & Teresa Yahl-Fillmore Davidson Engineering, Inc. Michael R. Ramsey LOCATION: The subject property is located on the south side of Washburn Avenue, east of the Collier County landfill, in Section 31, Township 49 South, Range 27 East, Collier County, Florida. The site is also due north of Interstate 1-75 and about 2 miles east of Collier Boulevard. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with single-family residences on the north and east. The Collier County landfill is located immediately west of the subject property. DESCRIPTION ZONING Agricultural R.O.W. Agricultural Agricultural Agricultural S- E- W- Single-Family Homes Interstate 1-75 Single-Family Homes Tower Collier Cot Landfill Communication ~ty no, 1 JLJN 1 1 200 - EAC Meeting Page 2 of 9 IV. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing conditional use 2 of the "A" Agricultural District to allow for the expansion of an existing mulching and recycling facility. The initial conditional use was for 5.19 acres and was approved on January 27, 1998. A second conditional use was approved in 1999 for an additional 5.19 acres. The petitioner is now requesting a conditional use to expand to 27.9 acres. The conditional use conceptual site plan limits the recycling area to the northwest comer of the project area. A 12.7-acre conservation area is located southeast of the recycling area. In addition, the proposed business is consistent with the Future land Use Element to the Growth Management Plan. Lastly, the subject site is accessed from a paved public road. Ve Existing mulching facility. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Agricultural/Rural, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistirct permits sawmills and related uses. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). However, the Final Order does not prohibit the conditional use of sawmills. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves the determination of compatibility to Current Planning staff as part of their review of the petition in its totality. Based upon the above an staff concludes the proposed use for the subject site can be deemed consi with the Future Land Use Element. ~ent ~'~ IrE~ JUN } I 2002 EAC Meeting Page 3 of 9 Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- development hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". JUN 1 1 2002 Vie EAC Meeting Page 4 of 9 Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity". Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity". This petition is consistent with staff's policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 15% on-site native vegetation preservation pursuant to Policy 6.4.7. MAJOR ISSUES: Stormwater Management: The site is located within the Henderson Creek Basin. There are no County stormwater maintenance facilities in the vicinity of the project. ~ra~, rrr~ JUN 1 1 2002 EAC Meeting Page 5 of 9 Environmen~l: Site Description: Native habitats on the subject property consist of cypress (FLUCFCS code 621), pine/cypress/cabbage palm (FLUCFCS code 624) and hardwood/conifer mix (FLUCFCS code 434). The site also has approximately 11.6 acres of disturbed/cleared area. The general topography of the area according to USGS Quadrangle Maps is a slope of approximately .5 to 1 foot per mile to the south, toward the 1-75 canal. Site-specific elevations of the property and surrounding areas are provided in Figure 8 of the ElS. The overall elevation of the north part of the property is 11.8 feet NGVD and drops to a natural low point of 11.2 feet NGVD in the cypress wetland to the south. The lowest point on the property is 10.4 feet NGVD, in the existing borrow pit. The natural hydroperiod of the site has been disrupted by the construction of roads around the project and drainage related to the borrow pit on-site and 1-75 canals. Construction of roads in the area, have diverted nearly all surface flow around the site. Vegetative species and associations indicate, in all habitat types, that they are transitioning to dryer type situations. In the northern most cypress area (parcel #4 on the FLUCFCS map) there is evidence that the area has not been inundated with water in a long time. In the cypress area adjacent to the 1-75 canal (parcel #11) hydrological evidence indicate a seasonal high water level of 1.5 feet above the ground. In the 624 areas (cypress/pine/cabbage palm communities) seasonal high water approximates ground level elevation. Wetlands: Wetlands on-site consist of cypress (FLUCFCS code 621) and pine/cypress/cabbage palm (FLUCFCS code 624), and total approximately 20.8 acres in size. The project as proposed will impact approximately 5.2 acres of the pine/cypress/cabbage palm designation. ITF.~ 2002 EAC Meeting Page 6 of 9 FLUCFCS 624, immediately south of the existing mulching facility. Impacts to wetlands will be compensated for through enhancement of wetlands on-site. The existing 3.3 acre borrow pit (parcel #10) and 0.5 acre disturbed area (parcel #6) on the property will be filled and planted with wetland vegetation. Exotic vegetation will be removed from the site and the hydrology of the preserve areas enhanced through design of the water management system. Preservation Requirements: As proposed, approximately 46% (12.7 acres) of the project site will be left in a natural state and designated as preserve area. Additional wetland vegetation will also be planted in the existing lake on-site. This exceeds the 15% native vegetation preservation requirement pursuant to the Land Development Code. Listed Species: Information concerning the locations, densities and status of listed species from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) were reviewed along with other related publications. On-site surveys were preformed during early morning and late afternoon from October 14 through December 30, 2000. No listed species or indications of listed species were observed on the subject property. 2002 EAC Meeting Page 7 of 9 VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use Petition No. CU-2000-22 "Yahl Mulching and Recycling, Inc." with the following stipulations: Stormwater Mana£ement: 1. Any required SFWMD Permits must be obtained prior to site plan approval Environmental: Permits from the South Florida Water Management District and U.S. Army Corps of Engineers shall be presented prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission regarding potential impacts to protected wildlife species on-site. A habitat management plan for protected species shall be submitted to Planning Services Department staff prior to f~na! site plan/construction plan approval. JUN 1 2002 EAC Meeting Page 8 of 9 PREPARED BY: S"T AN CHRZA~O~SKJ#P.E. ENGINEER SENIOR DATE ~.-AI~AR~ES MINOR, P.E. ENGINEER SENIOR DATE S:I'~PffI~N I~NBE~GER ENVIRONMENTAL SPECIALIST RAYMOND BELLOWS CHIEF PLANNER REVIEWED BY: DATE ~ /z. oz._ THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR DATE JUN I 1 2002 EAC Meeting Page 9 of 9 INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: ENVIRONMENTAL ADVISORY COUNCIL ENVIRONMENTAL DATE SERVICES THOMAS W. SANSBURY, CHAIRMAN SL/gdh/c: S taffReport JUN 1 1 2002 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION April 17, 2002 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Andy Eller U.S. Fish and Wildlife Service P.O. Box 2676 Vero Beach, Florida 32961 Conditional Use Petition No. CU-2000-22 Yahl Mulching & Recycling, Inc. Section 31, Township 49 South, Range 27 East Collier County, Florida Dear Mr. Eller: % This letter is a request for technical assistance from the U.S. Fish and Wildlife Service for the above referenced project. The 28 acre parcel is located just east of the Collier County landfill, on Washburn Avenue. Enclosed are copies of the Conditional Use site plan and environmental impact statement for the project. If you have any questions regarding the project, please contact me at (941) 213-2915. In order to facilitate a timely response to the petitioner, please provide any assistance in writing within thirty days of the date of this letter. Should more time be required, please let us know. Sincerely, Stephen Lenberger Environmental Specialist C: CU-2000-22 file ~Arr~ JUN '1 Phone (941) 403-2400 Fax (941) 643-6968 www. colliergov, net COMMUNITY DEVELOPMENT D~VISION CURRENT PLANNING SECTION PETITION NUMBER: DATE OF APPLICATION: COMMISSION DISTRICT: PLANNER ASSIGNED: ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PLrBLIC HFJ%RING FOR: CONDITION~J~ USE General Information: Name of Applicant(s) J~an ¥~hl ~nd T~r~.~a Vahl-Fillmqr~, Yahl Mulching, Inc. and Washburn Realty, LLC. Applicant's Mai~ing Address 1918 - 40th Terrace SW City Naples State Florida Zip 3411 6 Applicant's Telephone %: 352-7888 Fax #: 352-4649 Name of Agent William Hoover~ AICP Firm Hoover Planning & Dev., Inc. Agents M~iling Address City Naples Agent's Telephone %: 403-8899 3785 Airport Road North, Suite B-1 State Florida Zip 34105 Fax %: 403-9009 JUN 2002 o Disclosure of Interest Information: a. If the property is owned fee .simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with ~n ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership See page 2-a If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock See page C · If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address 2 Percentage of Interest JUN 1 1 Item 2.a. Parcels 1, 2 & 3 as shown on the next page are owned by Jean Yahl (owns 50%) Teresa Yahl-Fillmore (owns 50%) Address for all owners is 1918 - 40th Terrace SW, Naples, FL 34116. Item 2.b. Parcels 4 and 5 as shown on the map on the next page are owned by: Yahl Mulching, Inc. 1918 - 40th Terrace SW, Naples, FL 34116. Teresa Yahl-Fillmore, President and owns 47.5% Jean Yahl, Vice-President, Secretary & Treasurer and owns 47.5% Gerard W. (Bill) Rousseau who owns 5% Parcel 6 as shown on the map on the next page is owned by: Washburn Realty, LLC 1918 - 40th Terrace SW, Naples, FL 34116. Jean Yahl Teresa Yahl-Fillmore (owns 50%) (owns 50%) Page 2-A 20O2 9?2530 Subject land is labeled as parcels 1 - 6 above. Sec. 31, Twp. 49S, Rng. 27E Page 2-b JUN 1 1 2002 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and~or limited partners. Name and Address Percentage of Ownership Not Applicable If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC NF. ARING FOR CONDITIO~5%L USE 3 Date of Contract JUN 1 I 2002 ,~. ~::~ If any contingency clause or contract terms involve additional parties, list all iDdividuals or officers, if a corporation, partnership, or .trust. Name and Address Not Applicable. Date subject property acquired ( ) leased ( ): (see attached deeds) Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior tc 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 zoninu district, include separate legal description for property involved in each district. Applicant shall submit four 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. APPLICATION FOR PUBLIC NF. ARING FOR CONDITI~AL USF, NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concernlnc the legal JUN 2002 description, an engineer's certification or sealed survey may be required. 31 Township: 49S Block: Subdivision: 00341360001, 00341040004, Page #: Property I.D.#: 00338600004 00337520004, 00337040005 Metes & Bounds Description: see attached deeds or paqe 5-a. Section: Range: 27E Lot: Plat Book o Size of property: Total Sq. Ft. 1030 ft. X 1220 (odd-shaped) Acres 28.3 ft. o Address/general location of subject property: SE corner of Washburn Ave, & Richardson Way (located SE of the Collier County Landfill. 6. AdQacent zoning and land use: Zoning Land use N ROW & Agric, Washburn Ave., then 2 S/F homes & mobile home S 1-75 ROW Interstate 75 ROW E A9ric. W Agric. S/F home and vacant lands Cellular tower, then landfill Does property owner own contiguous property to the subject property? If so, give complete legal description of entire (If space is inadequate, attach on contiguous property. separate page). No. APPLICATION FOR pUBLIC HF. AR/NG FOR CONDITIONAL USE LEGAL DESCRIPTION The E 1/2 of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida. (see parcel 1 on attached sketch) The NE 1/4 of the SW 1/4 of the SW 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida. (see parcels 2 and 3 on attached sketch) The W 1/2 of the SW 1/4 of the SW 1/4 of the SW 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida, less the south 100 feet thereof. (see parcel 4 on attached sketch) The E 1/2 of the SW 1/4 of the SW 1/4 of the SW 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida. (see parcel 5 on attached sketch) The W 1/2 of the SE 1/4 of the SW 1/4 of the SW 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida, less the north 50 feet of the south 100 feet thereof. (see parcel 6 on attached sketch) Page 5-a JUN 1 2002 Section: Lot: Block: Plat Book Page 9: Township: Metes & Bounds Description: Subdivision: Range: Proper%y I.D.9: o Type of Conditional Use: This application is requesting conditional use # 2 of the Agric. district for (TYPE OF (USEI Sawmill (mulching operation) Present Use of the Property: Northern portion is being used as a mulching operation and the southern area is vacant. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC ~F. ARING FOR CONDITIONAL USE a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land element) :The Growth Management Plan designates th~.land JUN 1 1 2002 6 _ ~. ~t.~ as Agricultural/Residential in the Aqricultural/Rural Mixed use District which permits agricultural uses. The land Development Code permits mulching',~recycling operations (saw mills) via Conditional Uses in the Agric. Zoning District. b. Describe the existing or planed means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: East on Landfill Road and then east on Washburn Avenue to the site. The petitioners have paved W~hh~rn Ave_ from Landfill Road to several hundred feet east of their eastern boundary, without being required. C. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: These should be minimal due to limited operating hours, restricted operating conditions, buffers, and site layout. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: D,~ng the initial Conditional Use petition. nearly every abutting homeowner provided a lett, APPLICATIO~ FOR PUBLIC HT. ARING FOR CONDITIONAL U~ 7 r AGENDA IT~ JUN 1 1 2002 supportinq this project. e Please provide any additional information which you may · ~ feel is relevant to this request. ~ See attached narrative letter. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use-is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? On 2-22-00, the BCC approved CU-99-33~ which expanded the subject site from about 10 to 15 acres. 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8~" 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 A~PLICATION FOR pUBLIC RT.%RING FOR CONDITIO~A~ USE JUN I I 2002 STATEMENT OF UTILITY PROVISIONS FOR ,CONDITIONAL USE REQUEST Yahl Mulching, Inc., Washburn Realty, LLC, 1. NAME OF A~PLICANT: -Jean Yahl & Teresa Yahl-Fillmore 2. MAILING ADDRESS: 1918 - 40th Terrace SW Naples CITY Florida ZIP 34116 3. ADDRESS OF SUBJECT PROPERTY (IF A%FAILABLE) : 2200 Block of Washburn Avenuer Naplesr FL 34117 4. LEGAL DESCRIPTION: Section: 31 Township: 49S P~ange: 27E Lot: Block: Subdivision: 00341040004, 00338600004 Plat Book Page #: Property I.D.#: 00337040005 00337520004, 00341360001 Metes & Bounds Description: Within the SW 1/4 of the SW 1/4 of Sec. 31r Twp. 49S, Rng. 27E, Collier Countyr Florida. o TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM o TYPE OF WATER SERVICE TO BE PROVIDED: &. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NA/4E d. PRIVATE SYSTEM (WELL) A~PLICATION FOR PUBLIC NEARING FOR CONDITIONAL 15 2002 o TOTAL POPULATION TO BE SERVED: 2 ERC PEAK AND AVERAGE DAILY DEMANDS: 9. WATER-PEAK 1.2 GPM 10. SEWER-PEAK 1.0 GPM AVERAGE DAILY 700 GPD AVERAGE DAILY 60~ GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: NA 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. APPLICATION FOR PUBLIC NEARING FOR CONDXTIO~AL USE 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 shal~ D~A~j~ed. ~ Utility Provision St&~mnt~J~4 10/1T/97 JUN t I 2002 AFFIDAVIT We/I, ~;/~'~ ~. //~~-~"k being first duly swor~, depose and say that we/I am/are the owners4u~- property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure'~of interest information, all sketches, data, and other supplementary matter ~ttached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and. all required information has been submitted. We/I further permit the undersigned to act as my/our representative in any matters regarding this Petition. NAME OF OWNER (Print or type) SIGNATURE OF OWNER NAME OF OWNER (Print or type) s z, NAME OF AGENT (Print or tYpe) SIGNATURE OF OWNER SIGNATURE OF AGENT NAME OF AGENT (Print or type) SIGNATURE OF AGENT State of Florida County of Collier /~Z~- The foregoing Application was acknowledged before me this day of /~(]{-~,f--/c~.. , 2...~r~-a by ~{Z-t../~ ~-/'7~2oJ~ , who is personally known to me or who has produced take an oath. SEAL ....... " Vincent Murphy ~ MY COMM~, CC, ~-.~_.: )uly 27, 2004 ~ONO~D THI~U TROY FAIN INSURANCE. as identification and who did (did not) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission f# My Commission Expires: A~ fidavi t 10/29/97/rjm APPLICATION FOR PUBLIC ~T.J~RING FOR CONDZTIONAL USF. JUN 1 1 2002 Oct 19 O0 0S:37p B. Hoover [941 ] 403-9009 p.2 NOTARIZED LETTER OF AUTHORIZATION RE: Conditional Use Petition and Site Development Plan to Add 15 Acres to the Southwest to the Existing Yahl Horticulture Recycling Facility, Located on Washburn Avenue SW, in Section 31, Township 49 South, Range 27 East, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that Davidson Engineering, Inc., 1720 J & C Blvd., Suite 3, Naples, Florida 34109 and Hoover Planning & Dev., Inc., 3785 Airport Road N., Suite B, Naples, Florida 34105 have been engaged by the property owner(s) below to act as authorized agents and to request necessary applications during the Site Development Plan review process and Conditional Use Petition process for expansion of the existing subject facility. Sincerely, Signature Signature Signature STATE OF COUNTY OF The foregoing instrument was / 2c -/-,~ Z £,~- ,2000 by acknowledged before %,~ L me this ~-_~/ day of who is (are) personally known to take an oath, N,~tary Public Printed Name My Commission Expires: SEAL Janet Cason MYCOMMIS$10N # CC727774 EXPIRES April 2, 2002 BO~8~D TMlaJ TROY FAIN tNSUEANCE me or has (have) produced as identification and who did ,JUN 1 t 2002 RE' NOTARIZED LETTER OF AUTHORIZATION Conditional Use Petition and Site Development Plan to Add 12.8 Acres to the Southwest to the Existing Yahl Horticulture Recycling Facility, Located on Washburn Avenue SW, in Section 31, Township 49 South, Range 27 East, Unincorporated Collier County, Florida To Whom it May Concern: Please be advised that Davidson Engineering, inc., 1720 J & C Blvd., ,Suite 3, Naples, Florida 34109 and Hoover Planning & Dev.. Inc, 3785 Abport Road N., Suite B, Naples, Florida 34105 have been engaged by the prol:ert'y owner(si below to act as author/zed agents and to toques! necessary applications during the Site Development Plan review process and Conditional Use Petition process for expansion of the existing suDj~ct facility. . Si ncerely, Jean Yahl · ...... STATE OF /.~_~,~' COUNTY O~'~ ~--~/"~,,'~, "- The foregoing instrument was acknowledged before me this --~¢ ~% ~_ 200 , _ ~ .... day o. _. 0 b~ ~ ~ A L~ ~~,//~,.~ who ~ (are) personal!y (did '~ot) take an oath. known to me Printed Name My Commission Expires: SEAL lone! Cason MY COMMISSION # CC727774 EXPIRES April 2. 2002 ~OI~D ~ T~OY FA~N INSUPAI'4C~. INC and who did _ 2002 JJA~dfll II4~WLST TITL[ GUAR~ITruE: COOl'ANY OF FLORIDA ~9:~6 N. Timi~mi Trail. Suit~ ^ Naples. FL ~ 103 0M I }262-2 .30034~A H ~: S 140,000.00 Ksce~ing S 10.50 Do~,.,,o,~ s~,p.: 7,~.,~, 2240162 OR: 2357 PG: 2450 U~0~ID ii 0,1CI~ U~US of ~0LtlII CI~TI, fL elf, Il: IID~IST T1YLI C0Jl ltlfll.fl U¢ I~i N.SI IK-.N 110.tl ,,,.../ 2263537 0£: 2375 PG: 2775 12/14197 at II:4L"I Nrta'r l. MICZ, ~ nc nB WARRANTY DEED vms WAXR~m'V DZtD m-," O~/~'~'",ay of ~ Spencer and M~'ci Jovan S~. husband and wile h,mmhaA~' cdbd the Fmtor, to Richard D. Yahl and Jean Yahl. Hushnd end Wife as to a~ undivided J~6 interesl a~d Theresa Yahl. · si~k i)er.x~ ns m aa undivkkd 50% inlet~s~ 1918 &Otb Terrace S~ Naple·, FL 3&116 ~im ~ mip of~ ~ ~ ~-~ ~ mi~ of~) ~~: ~ ~ ~. f~ ~ b ~~ of ~ ~ of SIO.~ ~ ~ ~ ~ ~ alms ~ ~ ~m, ~1 ~ ~ ~ ~ h Collie ~, ~ ~ ~o!~ ~ N~ ~ ~E I/4) of~ ~ ~ (SW I/4) of~ ~ ~ (SW I/4) *'IllIS ~ 1S BEINC KE-/~COKDE/) ~ CORRECT Tire GRAgI*KE PERCENTAGE AND ADDRESS. TOGETHER wi~ nil ~c sma, n~c~ ha~dinn~n, and ~ ~ bek~Sin~ or ~n nnywi~ 2251254 OR: 2365 Il/iS/It It fl:~l ~ I. I1~, ./ JLa1 *** OR: 2357 PG: 2451 // OR: 2375 PG: 2776 Deed Ccm't The ~ 1/4 ofl~ Southwcsx 1/4 of0~c Soulhwcsl I/4 ol'S4~i~m 31. Township 49 SOUl~ Range 27 ~ WITNE~S NO. 2 ~ name b, low) My Cammbiia~ E,xpir~ JUN 11 2002 CC-506 TAX DEED FILE NO R.10/97 PROPERTY INDENTIFICATION NO. 10274 00341040004 7.497806 OR: 2563 PG: 2980 RB¢ORDI~D in OFFICIAL UCORDS Of COLLIIR COUNT!, ~L C01~$ 32500,00 DOC-.?O 2Z O THeReSA FILLNOR! I~18 40?~ ?IRR SW TAX DEED STATE OF FLORIDA COUNTY OF COLLI ER The following Tax Jale Certificate Numbered 434 issued on June 1, 1996 was filed in the office of the tax collector of this Count5 and application made for the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the costs and expenses of this sale~ and due notice of sale having been published as required by law, and no person entitled to do so having appeared to redeem said land; such land was on the 28th day of June , 1999, offered for sale as requirec by law for cash to the highest bidder and was sold to Rich Yahl, Jeanie Yahl, and Teresa Fillmore whose address is 1918 40th Terr aW, Naples, FL 34116 ,being the highest bidder and having paid the sum of his bid as required by the Laws of Florida. NOW, on this 28th day of June , 1999, in the County of COLLIER , State of Florida, in consideration of the sum of ($32,500.00) Thirty Two Thousand Five Hundred and 00/100 ............ Dollars %~ the amount paid pursuant to the Laws of Florida does hereby sell the ~_-~. ng lands situated in the County and State aforesaid and described as follows: Section 31 Township 49S Range 27E E 1/2 OF NW 1/40.F...,.~.~ 1/4 OF SW 1/4, Collier County, Florida. '.~" "'.:.- ' "... .? ~:~'[.. ........ .,~ Sanc~f'a YO~n~'~D~Y Clerk~ Witness: Te r r..,~.LT_ Ha rS Toni BuCSs STATE OF FLORIDA COUNTY OF COLLIER On this 28th day of June me Terri Hart personally appeared S~ndFa:-Y°unq "'~ ' · urt in and for the State a~d ~h~ou~-Y'~-~Qwn to me to Clerk of the Circuit Co , _ ~ = ~ ~o~itD~r~n~t, and be the person described in an~ WhO ~xecu~eu ~c ~?~_~-, ~ . ~:~ ~.~. he execution of this instrument to'.:be .~?o.~ _~ee acknowledged t .... .= · ~ ~ t~ .-., : ,~'~ the use and purposes tnere~n menc~oneG. : _'.,. _-. ,' ,' ~ }'~ ~. Witness my hand and official seal (~O~j~'~', ,, ' date aforesaid. - Terri H~~''beput~' Clerk This instrument was prepared by Terri Hart Deputy Clerk - Collier Co~ty, Naples, Florida This Warranty D~ed ~* 23 Made this 30th day of ~Obe~ A.D. 19 9~ ~an Douglas ~ra~ford, a o~ngl(, mnn and Saul mollason, a g~n~lo man '6300 OR: 2481 PG: 1305 *** in OFI~IClA), BlI:Oll)S al COil, Ill st e7:51~ DWIGHT I. BIOC[, ftc ~! ~-.?0 D4.00 57~i G~ALUI?! IK Git ~ JB be~Jnafl0r called the gmara;, ia ~rahl Xulehing, Zac., a Florida CorpoFat :Lan 40th Terraoe Il&plea, Florida 34116 grantees' Tax Zd J : kon6amf~r called the Brunts: Wililasse~h, thai the grantor, for and in consi~mlioa of thc sum of $ ]0 · 00 and mb~r valuable ~oald~rMlons, ro~il~ whereof is hereby acknowledged, h~mby grtmts, bargains, sells, aliens, mmisca. In~ieaa~. conveys and confirms tala the areolae, all thM ~efliin land situate in Coll~l. er ~ouoty, Florida, viz: The Neat 1/2 of the Southwest 1/4 of the Southwost 1/4 of the Southwest 1/4, Sec,.ion 31, ToMnashtp 49 South, R~nge 27 East; Co111er Count],; FXor£da, ].aaa the South 100 ~eet thereof; nd The East 1/2 of the Southwest 1/4 o~ the Southw~a% 1/4 o~ the Soatthwoat 1/4, Section 31, Touuship 49 South, Range 27 East, Co~l£er County, Florida. S~JE~T TO covonants, restrictions, easements of record and taxes flor the current year. Parcel ldent~fication Humb~r.*O0338600004 & 00341360001 Togetherwitb all the t~nemcnts, hercditamcnt~ 0~ appurt~ ~zc~0 belonging or iff an~i~ ap~fl~niflg. TO Have nd to Hold, thc ~ in f~ si~l~ fo~cr. ~d ~ grantor hereby ~vcfl~ts with ~id gr~t~ th~ thc g~tor is lawfully~i~ of~d i~d in f~ simple; tb~ the g~Mr b~ g~ right and lawful aulho~ty to ~l and ~ey ~d lad; thai the gr~flor h~eby ~lly wo~s ~ title to ~ J~d ~d will ~f~d thc nme againsl Iht la~ul cl~ of ~l ~ns whomever; ~d thai ~d I~d is ~ of MI ~mb~ ex~ t~cs a~ming su~uent to ~m~r 31, 19 97 ~ Witn~ Wbe~f, t~ said gr~t0r h~ ~gfl~ ~d ~l~ th~ profits the day and y~ tim ~vc written. Signed, sealer and d~livered in our pre~'e, nce: Brian Douglas Crewford who iq personally Jmown tu mc or who bus produocd w~ {fS'4SS Jaeger Road, Suite ~ ~ in.sing ~m~nl wn ~n~J~gcd ~fo~ ~ Ihb ~ ~day of October Brtn ~glas Cr~fort, a single un and Saul Rol/ason, nol.,. ,.t,,ic .pi.,: · ~9 98 , a single nan ~q identification. 2002 This instrument prepared without opinion by: Jamie B. Greusel 1104 N. Collier Blvd. Marco Island, FL 34145 *** 2542989 OR: 2601 PG: 0621 *** IIlCOID]D 1~ OII~CZAL BI:OlDS of COl&Ill CO.fl, WARRAN'I~ DEED THIS INDENTURE, made this O~ day of ~r~., 1999, Between J. BRUCE FRANCIS, a rnarriad man party of the first part, {Irantor, whose address is 10322 Colorado Road, Bloomington, MN 55438 and WASHBURN REALTY, LLC, a Florida Limited Liability Company, party of the second part, grantee, whose address is 1918 40m Ten'ace S.W., Naples, FL 34116. VVITNESSETH, That party of the first part for and in consideration of the sum of TEN DOLLARS AND NOI100 and other valuable considerations, to him in hand paid, by party of the second part, the receipt thereof is hereby acknowledged, has granted, bargained, and sold to the said party of the second part, his successors and assigns forever, the following described land, situated, and being in Collier County, Florida, to wit: The West One-Half of the Southeast One-Quarter of the Southwest One- Quarter of the Southwest One-Quarter of Section 31, Township 49 South, Range 27 East, Collier County Florida less the North 50 feet of the South l(10 feet of the West half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 31, Township 49 South, Range 27 East, Collier County, Florida; containing .39 acre, more or less. Subject to restrictions, reservations, and easements common to the subdivision and taxes for 1999 anri subsequent years. Tax folio No. 00337040005. GRANTOR WARRANTS THAT THIS IS NOT HIS HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS TO GRANTORS HOMESTEAD. And party of the first part does hereby fully warrant the title to the land and will defend the same against the lawful claims of all persons whomsoever. IN VVITNESS THEREOF, party of the first part has hereunto set his hand and seal the date first above written. Signed, sealed and del~red in the presenc.,e-~f:~.---~"~ ~'-~ ' wltne~s~'k ['~,,_,,_._,. V~,.~ /J~I~UCE ~- pro , / ,,.,, p~l~t name /'~./ _ . ~-_~ (2) '/~~ ~~ Diamond Title, ,nc. "'~ ~ x-~,r.,,, -~'.'A ~' ~ 5455 Jaeger Rd Suite B witne~'s ~zi-~..~/) ~L~ Naples, FL 34109 print name cou.w or STATE or The foregoing instrument was acknowledged before me this O~ay of  1999, by J. BRUCE FRANCIS who is pers()nally known to me or who has (type of identification) as,~lal~b'fica~on. ,;~ m,~:~ ~t ~ II Print Name ~'Sr_.~[- ~,,..,'~,,r,,,_,~,; My Commission Expires: 12002 RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "2" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of Section 2.2.2.3 in an "A" Rural Agricultural Zone for a mulching and recycling facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William L. Hoover. AICP, of Hoover Planning & Development, Inc., representing Jean Yahl, Yahl Mulching and Recycling, Inc., Washburn Realty, LLC, and Teresa Yahl- Fillmore, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "2" of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for a mulching and recycling facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. JUN 1 1 2002 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of _, 2002. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjori6/M. Student, Assistant CounW Attome3 g'admin'CU-2000-22/R~SOLUTION/SM'~m JUN 1 1 2002 -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-22 The following facts are found: 1. Section 2.2.2.3, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 'v~- No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres~ egress Yes V' No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes v/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (shoulder. be recommended for approval DATE: ~,~ r 0'~ CHAIRMAN: E~IT FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the L~r~ Development Code and Growth Management P1 ': Yes l~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control~/and access in case of fire or catastrophe: e~es Adequate ingress & s Yes L/ No C. Affect~J'neighborin9 properties in relation to noise, glare, economic or odor effects: ~/ No a~fect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjac.ent properties and other property in the distri~: Compatible use ~thin district Yes t/ No Based on the above findings, this conditional use should, with stipulations, ,(~o~y attached) (should not) be recommended for approval ~ - ~~ J UN11 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes _~No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~ ~gress Yes ~ No C. Affects neighboring properties in relation to noise, g~e, economic or odor effects: No affect or A[fect mitigated by - Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE:~/~//~/~-) MEMBER: 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development C~de and Growth Management/~: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ess Yes H/No c. Affects neighboring properties in relation to noise, glare/~'economic or odor effects: ~Ly~ No affect or Affect mitigated by --v Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use ~thin district Yes ~/ No Based on the above findings, this conditional use should, with stipulations/~copy attached) (should not) be recommended for approval ~/ · FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neigb_borhood because of: A. Consistency with the Land Development Code and Growth Management Yes No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fir~ or catastrophe: Adequate ingress & e~ress Yes ~ No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by . Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L~~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ~ DATE :_~//~ / ~A_ MEMBER: JUN 11 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-22 The following facts are found: 1. Section 2.2.2.3, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes __~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe:' Adequate ingr~s~ & egress Yes /~, No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: N~ ~ffect or Affect mitigated by y ,. Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes .~No Based on the above findings, this conditional us~sh°uld,~with stipulations, (copy attached) (should not) be recommended for approval DATE: ~- EXHIBIT "A" JUN 11 2002 LEGAL DESCRIPTION: N 1/2 of NE 1/4 of SW 1/4. of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA ~ND: S 1/2 of NE 1/4 of 5'?/ 1/4 of SW 1/4 SECTION 51, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA E 1/2 of NW 1/4 of SW 1/4 of SW 1/4 SECTION 51, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLUER COUNTY, FLORIDA W 1./2-~;~f,~1/4 of SW 1/4 of SW 1/4 SE(~I'rOI~J'~/,/~WNSHIP 4.9 SOUTH, RANGE 27 F. AS~ C(:~,~l~q~ ~OI~I~'Y, FLORIDA ~,ND: E 1/2 of SW 1/4 of SW 1/4 of SW 1/4 SECTION .31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA W 1/2 of SE 1/4 of SW 1/4 of SW 1Z4 LESS THE NORTH 50' of the SOUTH 100' of W 1/2 of SE 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA CU-2000-22 EXHIBIT "B" JUN I 1 2002 ~.,~ LC/') CONDITIONS OF APPROVAL CU-2000-22 This approval is conditioned upon the following stipulations: The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off-site. There shall be no permanent storage of solid waste on site. The portions of Crawford Avenue (from its intersection with Landfill Road) and Washburn Avenue to the subject site's driveway entrance where trucks enter the site shall be maintained in a dust free condition and topped with a minimum of a prime coat surface. 3. The tub grinder shall not be operated within 100 feet of any property line. 4. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be fifteen (15) feet. 5. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in place. 6. There shall be a maximum of nineteen (19) dump trucks and fifty-six containers stored on site. The tub grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday and shall not operated on days classified as legal holidays in the Florida Statutes. On-site diesel fuel storage shall not exceed 500 gallons. On-site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for the fueling of equipment utilized in yard maintenance. 9. Maintenance and repair services to dump trucks, roll-off containers, and the end loader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installations of tires. The recapping/regrooving of tires and wheel alignments are not permitted. EXHIBIT "D" PAGE 1 OF 2 2002 (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearing, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air conditioning system recharge. (f) Washing, buffing, and steam cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injections systems. (i) Electrical wiring repairs. 0) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil-air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engines, transmissions, rear differentials and four-wheel drive units shall not be permitted. 10. The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. 11. The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a daily basis by the on-site sprinkler system in order to reduce dust. 12. There shall be no other machinery or equipment stored on-site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. 13. The tub grinder will be equipped and operated with deflectors to minimize flying debris. 14. An Environmental Resource Permit or a Surface Water Management Permit from SFWMD must be obtained prior to any construction approvals being granted. 15. Prior to construction approvals being granted, this project must be reviewed and approved by Collier County Stormwater Management Department as it relates to any impacts on the Henderson Creek Branch Canal as well as any off-site flows coming through the project's site. 16. Pursuant to Section 2.2.25.8.1 course of site clearing, excavation or other construction activity an hi: archaeological artifact is found, all development within the minim~ PAGE 2 OF 2 of the Land Development Code, if, during the ioric ,~A m JUN 1 t 2002 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Permits fi.om the South Florida Water Management District and U.S. Army Corps of Engineers shall be presented prior to final site plan/construction plan approval. 17. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission regarding potential impacts to protected wildlife species on-site. A habitat management plan for protected species shall be submitted to Planning Services Department staff prior to final site plan/construction plan approval. PAGF_2 OF 2 JUN1 1 2002 EXECUTIVE SUMMARY APPROVAL OF ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 95.67, ADOPTING RULES AND REGULATIONS OF THE COLLIER COUNTY AIRPORT AUTHROITY OBJECTIVE: To approve an ordinance amending Collier County Ordinance No. 95-67, which adopts Rules and Regulations of the Collier County Airport Authority; which includes trespasses; carrying concealed weapons or concealed firearms; penalties; referrals within Collier County government; authorizing Airport Authority employees to refer suspected violations for investigation or enforcement to outside law enforcement agencies; providing for inclusion of this ordinance into the Collier County Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. CONSIDERATION: In its efforts to prepare for the new Federal and State airport security mandates resulting from the 9/11 tragedy, the Collier County Airport Authority needs to improve all aspects of airport security including enforcement measures and associated penalties for violations of BCC adopted Airport Rules and Regulations. The Airport Authority has determined that it needs additional authority to enforce penalties against violators of its new revised Airport Authority's Rules and Regulations. Chapter 332, Florida Statutes is entitled "Airports and other Navigation Facilities." Subsection 332.08(2)(a), Florida Statutes, reads in relevant part: [Florida Counties have the additional power] "To adopt and amend all rules, regulations, and ordinances for the management, government? and use of any properties under its control; to appoint airport guards and police, with full police powers; to fix by ordinance or resolution, as ma)' be appropriate, penalties for the violation of said rules, regulations and ordinances, and enforce said penalties in the same manner in which penalties prescribed by other rules, regulations, and ordinances of the [County] may be enforced." Although the Airport Authority has power and authority, by application of contractual or permit obligations of the respective airport occupant, to enforce its Rules and Regulations against sub-tenants, licensees and other individuals who, or entities that, by sub-lease. license, use permit, or other agreement, occupy space at the respective airport, violations of the Authority's Rules and Regulations are not a violation of any Collier County ordinance. The Authority desires to improve its enforcement capabilities on occupants o'f the airport that do not have any contractual relationship with the airport (general public and trespassers). The Authority desires to be delegated added authority to be able to refer violations of those Rules and Regulations to Code Enforcement Boards for enforcement. or to refer violations of BCC adopted Rules and Regulations to the State Attorney for enforcement of violations as a misdemeanor. Also, violators of the Authority'~ R-ffI-~gff~4DA ITEM Regulations can be arrested without an arrest warrant if the violation is committed in the presence of a law enforcement officer, as specified in Subsection 901.01(1), Florida Statutes, which reads in relevant part: "A law enforcement officer may arrest a person without a warrant when: (1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer." Subsequent amendments, if any, to those Rules and Regulations will not be a violation of the ordinance unless and until the respective amendments are thereafter adopted by the Board of County Commissioners. FISCAL IMPACT: It is not anticipated that adoption or enforcement of this requested ordinance will have any fiscal impact on the Airport Authority, the County, or the Board of County Commissioners. RECOMMENDATION: The Collier County Airport Authority hereby recommends that the Board of County Commissioners approve the attached ordinance that specifies that violations of any Board adopted "Collier County Airport Authority Rule and Regulation for General Aviation Airports" shall be a violation of this requested ordinance, and that such ordinance violations will be subject to the penalties specified in the ordinance, and that such violations can be enforced by any of the enforcement means specified in the ordinance. Also, by approval of this Executive Summary, to authorize the Airport Authority to publish in the Naples Daily News "public notice" of a scheduled public hearing where this proposed ordinance will be considered for adoption into the Collier County Code of Laws and Ordinances by the Board of Count3' Commissioners //John H. Drury, A.A.E. , Executive Director i -~'"'"'~ REVIEWED BY: S t e p h e--"fi'~h-[~. ~ ~ e Chairman REVIEWED BY: Assistant County Attorney JUN 11 ~002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 47 49 50 51 52 53 54 55 56 57 58 ORDINANCE NO. 2002 - RESOLUTION NO. 2002- AN ORDINANCE AMENDING COLUER COUNTY ORDINANCE NO. 95-67, AS AMENDED; ALSO BEING A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING RULES AND REGULATIONS OF THE COLUER COUNTY AIRPORT AUTHORITY; TRESPASSES; CARRYING CONCEALED WEAPONS OR CONCEALED FIREARMS; PENALTIES; REFERRALS WITHIN COUJER COUNTY GOVERNMENT; AUTHORIZING AIRPORT AUTHORITY EMPLOYEES TO REFER SUSPECTED VIOLATIONS FOR INVESTIGATION OR ENFORCEMENT TO OUTSIDE LAW ENFORCEMENT AGENCIES; PROVIDING FOR INCLUSION OF THIS ORDINANCE INTO THE COLUER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABlUTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Subsection 332.08(2)(a), Florida Statutes, expressly provides that each Flodda Municipality (which by definition in Subsection 332.01(1), Florida Statutes, apparently includes (but in this specific context may not include) every Florida County), may adopt rules, regulations and ordinances for management, govemance, control and use of airport properties under the county's control, and to fix by ordinance or resolution such penalties as may be appropriate for violations of such adopted rules, regulations or ordinances, and to enforce those penalties in the same manner in which penalties prescribed by other rules, regulations, and ordinances of the Municipality and/or County are enforced; and WHEREAS, Subsection 332.08(2)(b), Florida Statutes, expressly provides that when a Florida County operates one or more airports, the county's regulations for the governance of the airport shall be by resolution of the Board of County Commissioners, notice of which may be published by publication once a week in a newspaper for four (4) consecutive weeks and that a violation of rules published in that manner shall be a misdemeanor of the second degree as provided for in Section 775.082 or in Section 775.083, Florida Statutes; and WHEREAS, The Board of County Commissioners of Collier County, Florida, ("Board") desires that this document shall operate as such a Resolution and/or such an Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. New subsections are hereby added to Collier County Ordinance No. 95-67, as amended, which new sections comprise new Section 18-67 through new Section 18-71 of the Collier County Code of Laws and Ordinances. These new subsections read as follows: Sec, 18-67. Adoption of Rules and Regulations Previously Adopted by the Collier County Airport Authority. (a) The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority (UAuthority"): (1) The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). (2) The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Immokalee Underlined lexl is added; Sln~k-through text is dtJet~l. AGENDA IT[M JUN 11 2002 ] Regional Airport, adopted by the Authority as revised on February 11, 2002 (17 2 pages). 3 (3) The Collier County Airport Authority Minimum Standards for 4 Commercial and Non-Commercial Aeronautical Activities at the Everglades 5 Airpark, adopted by the Authority as revised on February 11,2002 (17 pages). 6 (4) The Collier County Airport Authority Minimum Standards for ? Commercial and Non-Commercial Aeronautical Activities at the Marco Island s Executive Airport, adopted by the Authority as revised on February 11, 2002 (17 9 pages). to (5). The Collier County Airport Authority Administrative Code, adopted ] ] by the Authority as revised on February 11,2002 (42 pages). t2 (6) The Collier County Airport Authority Leasing Policy adopted by the ]3 Airport as revised on February 11,2002, (19 pages). ]4 (c) Subsection 332.08(2)(b), FIodda Statutes, (authorizing enforcement ]5 of violations of such Rules and Regulations as a second degree misdemeanor) ]6 applies only to Rules and Regulations adopted by the Board. Future ]? amendments to such Rules and Regulations may not be enforced as a ts misdemeanor pursuant to this Ordinance until each such respective future 19 amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida 20 Statutes, which may be by adoption of a Resolution of the Board subject to the 21 four (4) weeks public notice requirement. However, this limitation does not affect 22 enforcement of any such future amendment(s) to any such Rule or Regulation 23 except when the amended Rule or Regulation is to be enforced as a ~_4 misdemeanor. Violation of any such future amendment not yet then adopted by 25 the Board may be referred for enforcement to any Collier County enforcement 26 department and/or to any outside agency or entity, for enforcement by other 27 means. 28 (d) Every violation of any such Board adopted Rule and/or Regulation 29 shall be a separate violation of this Ordinance. Also, every individual who, while 30 in the presence of a law enforcement officer, either refuses to immediately obey 3] an oral order (instruction) to leave the airport, or to move his/her person to some 32 other part of the airport, or who is then committing any violation of any such Rule 33 or Regulation, or is committing a trespass anywhere in any secured area of an 34 airport, such law enforcement officer may arrest the violator without a warrant for 35 any such violation(s), which authority to arrest without a warrant is authorized by 36 subsection 901.15(1), Florida Statutes. 37 38 39 4O 41 42 Sec. 18-68. Trespass: Anywhere at Airport; Secured Areas. (a) It shall be a separate violation of this Ordinance for any individual to refuse to immediately and completely obey an oral order (instruction) to leave the airport, or to move his/her person to some other area of the airport, if the order AGENDA ITEM No.~ JUN 1 2 3 4 6 7 $ 9 I0 Il 12 13 14 15 16 17 19 20 21 22 23 24 25 26 2'7 29 30 31 32 33 3~ 35 36 3'/ 38 39 40 41 42 (instruction) is personally communicated to the individual by the Airport Manager, or if the Airport Manager is not then and there available, by any employee who at such time and place has authority to issue such an instruction. (b) It is a separate violation of this Ordinance for any individual to commit a trespass into (or within) any secure area of any Collier County Airport, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Each such violation of this Ordinance shall subject each such trespassing individual(s) to arrest by a law enforcement officer without a warrant, on or off of the airport, as specified in subsection 901.15(15), Flodda Statutes. The Collier County Airport Authority is hereby authorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this Ordinance irrespective of application of any Airport Authority Rule or Regulation. Sec. 18-69. Concealed Weapons; Concealed Firearms. Any individual not then authorized by applicable law to carry a concealed firearm or a concealed weapon into the passenger terminal of the airport, or into any sterile area of any Collier County Airport shall thereby violate this Ordinance and shall violate Subsection 790.06(12), Flodda Statutes. The specified penalty for such violation is not less than a misdemeanor of the second degree, as specified in that statutory subsection. "Sterile area" is defined in that Statute as "the area of the airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport secudty programs." However, provided such action or possession is not then prohibited by federal law, rule or regulation, that statutory provision does not prevent an individual from carrying any legal firearm into the airport terminal provided each such firearm is then encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on an aircraft. No such "firearm or weapon" violation is a violation of this Ordinance because this field of regulation is wholly preempted to the State of Florida by application of Section 790.33, Flodda Statutes. Sec. 18-70. Penalties; Referrals Within Collier County Government. (a) General Penalties; Continuing Violations. In this Ordinance the phase "violation of this ordinance" means any of the following (1) Doing an act that is prohibited or made or declared unlawful, or an offense, or a misdemeanor by ordinance, or by rule or regulation authorized by any Collier County ordinance. AGENDA ITeM JUl ',1 ZO0 1 (2) Failure to perform an act that is required to be performed by any 2 Collier County Ordinance, or by Rule or Regulation authorized by any Collier 3 County Ordinance. 4 (3) Failure to perform any act if the failure is declared a misdemeanor or 5 an offense, or otherwise unlawful or a violation by any Collier County Ordinance, 6 or by any rule or regulation authorized by Collier County Ordinance. ? (b) In this Ordinance, the phrase "violation of this ordinance" does not s include the failure of a Collier County officer or a Collier County employee, or 9 any officer or any employee of the Collier County Airport Authority, to perform a l0 duty or responsibility. 1] (c) Except as may otherwise be specifically provided with regard to the ]2 specific rule or regulation, an individual or entity convicted of a violation of any 13 such rule or regulation, or of an independent violation of this Ordinance, may be ]4 punished by a fine not to exceed five hundred dollars ($500), and if the violator is t5 an individual, by imprisonment in the County Jail for a term not to exceed sixty [6 (60) days, or, if the violator is an individual, by both such fine and imprisonment. l? With respect to any violation of this Ordinance that is continuous with respect to ts time, each day the violation continues may be held by the respective forum (trier to of fact) to be a separate offense or separate violation. 20 (d) Imposition of a felony penalty, or any misdemeanor penalty, or any 2~ civil penalty, does not prevent or affect possible revocation or suspension of a 22 license, permit, contract or franchise, or affect imposition of any other civil 23 penalties, or affect imposition of any other administrative fines, action(s) or 24 penalties by any enforcement forum whatsoever. 25 (e) Violations of any such rule or regulation, and/or any independent 26 violation(s) of this Ordinance, may be abated by injunctive or other equitable 27 relief, and no bond shall be required from the County or from the Authority; Nor is ~-8 proof of intent or scienter required by this Ordinance. No imposition of any fine 20 or any other penalty shall prevent any equitable relief whatsoever. 3o (f) Every alleged violation(s) of any of such rule or regulation may be 31 referred by the Airport Authority, and/or by the Airport Authodty's Executive 32 Director, for investigation and enforcement by any Collier County Code 33 Enforcement Board, or with respect to any vehicle for hire, to the Collier County 34 Public Vehicle Advisory Committee. All penalties then available to the referred to 35 Board, Committee, or department may be applied to each respective violators). 36 37 38 39 4O 41 42 Sec. 18-71 Referral for Investigation or Enforcement) to Outside Law Enforcement Agencies. (a) Any suspected violation(s) of any of any such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, to any appropriate outside law enforcement department, entity, or AGENDA ITEM Pi[._ ~ 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 41 42 43 agency, for investigation and/or enforcement as a misdemeanor of tho second degree as then punishable as such punishment is provided for in Section 775.082 or in Section 775.083, FIodda Statutes. (b) Any officer or other employee of the Airport authority who suspects that a violation of any such rule or regulation is occurring or is being committed, the officer or employee is authorized to immediately notify the Collier County Sheriff's Department, Office, or substation, if in that officer's or employee's judgment an arrest or forcible restraint may be an appropriate response to the situation. (c) The Executive Director, and/or the Airport Authority, and/or the Airport Manager of the respective airport (or such Airport Manager's designee) may refer for investigation and enforcement any suspected violation of this Ordinance and/or any Airport Authority rule and/or regulation that may be a violation of any law, rule or regulation within the investigation and/or enforcement jurisdiction of the respective entity to which the matter is referred, which may include the Federal Government or any agency or sub-part thereof. Aisc, such referral need not appear to be a violation of any Airport Authority rule or regulation or of any Collier County Ordinance. SECTION TWO. 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 portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word ~Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATES. This Ordinance shall be effective upon filing with the Florida Department of State. The effective date of this Resolution shall be on the date adopted by the Board of County Commissioners. AGENDA Ir~Elv! JUI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of ,2002. Al-rEST: 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 AGENDA ITEM JUN 1 I Z~IO~ EXECUTIVE SUMMARY PETITION CCSL-2002-1-AR-2343, ANNIS MITCHELL COCKNEY EDWARDS & ROEHN, REPRESENTING THE RITZ CARLTON, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO CONSTRUCT 2 GAZEBOS AND A STORAGE BOX FOR STORAGE OF BEACH EQUIPMENT AT THE RITZ CARLTON, NAPLES "HOTEL SITE" AS DESCRIBED IN O.R. BOOK 1073 PAGE 1474 AND ANNEX PARK SITE AS DESCRIBED IN O.R. BOOK 1181 PAGE 1660, ALL LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred ten (110+) feet to construct 2 gazebos and a storage box for the storage of beach equipment (See Exhibit A). CONSIDERATIONS: The subject property is located at the northwestern comer of the Pelican Bay PUq2), at 280 Vanderbilt Beach Road. The proposed structures ,,viii be located landward of the seaward edge of the dune walkovers; at its farthest extent the area of proposed impact lies approximately 110 feet seaward of the adopted Coastal Construction Setback Line (CCSL). The size may need to be field adjusted to avoid or minimize impacts to the dune system. Exotic vegetation will be removed from the boundary of The Ritz Carlton property in accordance with The Collier County Land Development Code Section 3.9.6.6. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, staff finds the proposed construction to be consistent with the variance conditions of the Collier County Land Development Code, Division 3.13, as amended. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The project is consistent with the following applicable land use policies contained in the CONSERVATION AND COASTAL MANAGEMENT ELEMENT. OBJECTIVE 10.5 For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of, manmade structures on the beach and dune systems. Analysis: Impacts by construction are minimized by field adjusting the size of the gazebos to ensure that they are landward of the line set by the dune walkovers, and do not negatively impact the dune vegetation or integrity of the beach and dune system. POLICY 10.5.4.1 Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. 10.5.10 Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. 10.5.11 For all beachfront land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation as appropriate. Analysis: The variance request is consistent with the Policies cited above. By requiring the construction to be landward of the most seaward edge of the dune walkover, it minimizes interference with the natural function of the dunes and beaches. All exotics must be removed and areas devoid of native vegetation will require supplemental dune plantings. Construction during sea turtle nesting season is not allowed without first obtaining a Construction in Sea Turtle Nesting Area Permit, which will provide protection for the turtles, through construction criteria. ' JUN 2002 ENVIRONMENTAL ISSUES: The Ritz Hotel constructed a restaurant, decking and dune walkovers over a portion of the dune system at this location. At the time of these improvements, they were required to restore any area of the dune, which was devoid of dune vegetation. This was to ensure the integrity of the dune system at this site and to maintain it as a natural functioning system. The other major environmental issue is the presence of sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. Locating all of the improvements behind the most seaward edge of the dune walk-overs, will provide such assurances. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. RECOMMENDATION: Staff recommends approval of Petition No. CCSL-2002-1-AR-2343 subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. The structures will be located landward of the seaward edge of the dune walkovers; the size may need to be field adjusted to avoid or minimize impacts to the dune system. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. JUN 1 1 2002 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. o Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. Petitioner shall install appropriate signs in the re- vegetation area indicating that beach users are requested not to intrude into this re- vegetation area. 7. Petitioner shall remove all exotic vegetation fi.om the subject property in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-2002-1- AR-2343 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee when they create no greater impact than what was approved by this variance. EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the CCPC. JUN 1 ~ 2002 PREPARED BY: BARBARA S. BURGESOI~ SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION REVIEWED BY: DATE MURRAY, AICP, INTERIM DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: jO~/~H K~ITT, ADMINISTRATOR D;~T~ C~h~TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL-2002-1 -AR-2343 JUN11 2002 !. Service Boardwalk P -. \ Line