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Agenda 09/10/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 10, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 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 September 10, 2002 1. INVOCATION A. Reverend Robert Jacobs, Messiah Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. June 11, 2002 - Regular Meeting C. June 19, 2002 - Rural Fringe Special Meeting D. June 20, 2002 - Budget Hearing E. June 21, 2002 - Budget Hearing F. June 25, 2002 - Regular Meeting G. July 30, 2002 - Regular Meeting H. July 31, 2002 - Regular Meeting PROCLAMATIONS A. Proclamation to recognize September as National Teen Court Month. accepted by Judge Ellis. To be B. Proclamation to recognize the week of September 9-13, 2002 as Museums Celebrate America's Freedom Week. To be accepted by Charles Abbott. C. Proclamation recognizing Big Cypress Basin for their outstanding assistance to Collier County. To be accepted by Clarence Tears, Jr., Basin Administrator. D. Proclamation for Collier County to continue to support the Everglades Restoration Plan. To be accepted by Mike Bauer. 2 September 10, 2002 Proclamation to recognize the week of September 16-20, 2002 as Industry Appreciation Week. To be accepted by Susan Pareigis, President of Economic Development Council. 5. PRESENTATIONS Presentation of a National Association of Counties award, recognizing the Collier County Library for their Library Literacy Program. To be accepted by John Jones, Director, Collier County Library and Roberta Reiss, Literacy Coordinator. Presentation of a National Association of Counties award, recognizing the Collier County Solid Waste Department for their program entitled, Recycling and Waste Reduction is our Future. The Future is Now. To be accepted by Denise Kirk, Recycle Coordinator, Solid Waste. Presentation by Russell Budd, Chairman of the Board of the Naples Chamber of Commerce to the Board of County Commissioners commemorating the events of September 11, 2001 along with a distribution of American Flags. PUBLIC PETITIONS A. Public Petition request by Ms. Elise Batsel Lynn to discuss reassessment of impact fees on the Homewood Residence. B. Public Petition request by Bruce Anderson to discuss affordable housing in urban-residential fringe. THIS ITEM TO BE HEARD AT 10:00 A.M. Public Petition request by Representative Irving Slosberg regarding Dori Slosberg Driver Education Safety Act. D. Public Petition request by Mr. Jim Kramer to discuss Towing Ordinance. 3 September 10, 2002 E. Public Petition request by Mr. Outbreak in Copeland. Jim Kramer to discuss Alleged Hepatitis Public Petition request by Richard Yovanovich, representing Toll Brothers, regarding Naples Lakes Country Club/Blockbuster, Shipmates and Dry Cleaners. 7. BOARD OF ZONING APPEALS This item continued from the July 30~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2691, Don Cahill, of Don Cahill Architect/Builder, representing William and Joann Reckmeyer, requesting variances in the PUD Zoning District as follows: 1) From the required Gulf Front Yard (PUD Ordinance 85-83) Setback that aligns with the State of Florida Coastal Construction Setback Line (CCSL) to allow (A) the balconies to extend a maximum of 8 feet West of the CCSL; (B) the roof to extend a maximum of eight feet five inches West of the CCSL; (C) the shear wall to extend a maximum of ten feet five inches West of the CCSL; and 2) From the required ten foot access drive right-of-way yard setback (PUD Ordinance 85-83) to allow: A building setback of eight feet, a variance of 2 feet, on the East side, along Dominica Lane, for property located at 107 Dominica Lane, further described as Lot 9, Block C, Lely Barefoot Beach Unit 1, Plat Book 12, Pages 34-37, as recorded in the Public Records of Collier County, Florida in Section 6, Township 48 South, Range 25 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2011, Cynthia G. Yanosik, P.E., of Community Engineering Inc., representing Strand Professional Partners Inc., requesting a 5-foot after-the-face variance from the required 20- foot rear yard setback to 15 feet; a 5-foot after-the-fact variance from the required 20-foot side yard setback to 15 feet; and a 2-foot after-the-fact variance from the required 24-foot width of a drive-aisle to 22 feet for property located at 5692 Strand Court, in Section 19, Township 48 South, Range 26 East, Collier County, Florida. C. Petitioner requests and Staff recommends that this item be Continued to the October 22~ 2002 BCC Meetinq. VA-2002-AR-2015 Austin White, of Becker and Poliakoff, P.A. representing Unit Owners of the Manatee Resort Condominium Association requesting relief in the RT Zoning District from the 500 square foot maximum size for a hotel unit set forth in LDC Section 2.2.8.4.7.2.1., to allow four (4) units of the total 19 as-built units to have 3,200 square feet of floor area (includes 550 square foot lanai) and to allow 15 units to have 2,625 4 September 10, 2002 square feet of floor area (includes 543 square foot lanai), for property located at 9566 Gulfshore Drive, further described as the North 50 of Lot 14 and all of Lots 15 and 16, Block B, Conners Vanderbilt Beach Estates Unit 1, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. Approve the Collier County Fire Prevention and Protection Code Ordinance. Recommendation that the Board of County Commissioners adopt Resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Districts No. I and 2, Municipal Service Benefit Units Special Assessment levied against certain residential properties within the Unincorporated Area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Cw This item continued from the July 30~ 2002 BCC Meetina. Public Hearing to consider transmittal to the Florida Department of Community Affairs of a Resolution amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, for the Immokalee Road/Collier Boulevard Area (Heritage Bay Development of Regional Impact) to establish the "Urban-Rural Fringe Transition Zone Overlay" for Sections 13, 14, 23, 24, T48S, R26E, Collier County Florida by: Amending the Future Land Use Element and Map Series; amending the Sanitary Sewer Sub-Element of the Public Facilities Element; amending the Potable Water Sub-Element of the Public Facilities Element; amending the Water and Sewer Service Boundary Map of the Public Facilities Element; providing for severability; and, providing for an effective date. Ow This item continued from the July 30~ 2002 BCC Meetin.q~ Ord. 91-102 (LDC). An Ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code, which includes the Comprehensive Regulations for the Unincorporated Area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact: Section Three, Adoption of Amendments to the Land Development Code, including Amendments to Division 2.3, Off-Street Parking and Loading; Section Four, Conflict and Severability; Section Five, Inclusion in the Land Development Code; and Section Six, Effective Date. This item continued from the July 30~ 2002 BCC Meetint:l~ ST-2194. This item requires that all participants be sworn in and ex part. disclosure be providecl 5 September 10, 2002 by Commission members. Petition ST-2194, Michael Landy, P.E., of Landy Engineering, Inc., representing Southwest Florida Opportunity Fund, L.L.C., requesting a Special Treatment Development Permit to construct a 11,200 square foot drug store and a 266-seat restaurant via the site development plan approval process on a 4.02-acre site zoned C-3ST, located at the Northeast corner of the Intersection of US-41 and CR-951 in Section 3, Township 51 South, Range 26 East, Collier County, Florida. This item has bccn deleted. This item has been continued to the October 22~ 2002 BCC Meetina. RZ-2001- AR-1595, James G. O'Gara of Marquette, Development Company, representing Golden Gate Capital Ltd., requesting a rezone from RSF-3 to RSF-5 for a seventeen-lot single-family home subdivision on 4.26+/- acres on 2951 44t~ Terrace SW, further described as Golden Gate Unit 3, Block 103, as recorded in Plat Book 5, Pages 97-105, Collier County Records in Section 27 Township 49 South, Range 26 East, Collier County, Florida. This item has been continued to the October 22~ 2002 BCC Meeting. RZ-2001- AR-1596, James G. O'Gara of Marquette, Development Company, representing Golden Gate Capital, Ltd., requesting a rezone from RSF-3 to RSF-5 for a thirteen-lot single-family subdivision on 3.15+ acres located at 4501 30th Avenue SW in Golden Gate Unit #3, Block 104, Parcel 1, as recorded in Plat Book 5, Pages 97-105, Collier County Records, in Section 27, Township 49 South, Range 26 East, Collier County, Florida. BOARD OF COUNTY COMMISSIONERS A. THIS ITEM TO BE HEARD AS THE CRA BOARD - Appointment of member to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. B. Appointment of Commissioners to serve on the Value Adjustment Board and set tentative dates for the hearings. C. Confirmation of member to the Health and Human Services Advisory Committee. D. Appointment of member to the Development Services Advisory Committee. 6 September 10, 2002 E. Appointment of members to the Collier County Code Enforcement Board. F. This item has been deleted. G. THIS ITEM WAS VOTED FOR RECONSIDERATION AT THE 6/25/02 MEETING AND IS FURTHER RECOMMENDED TO BE CONTINUED TO THE 9/24/0~ MEETING. Request that the Board of County Commissioners reconsider its June 11th action regarding Item 10C, "Request Board provide staff with direction in regard to landscape maintenance on Devonshire Boulevard." H. Discussion regarding Immokalee Impact Fees. (Commissioner Tom Henning) Appointment of members to the Health Planning Council of Southwest Florida Inc. J. Appointment of members to the Contractors' Licensing Board. K. Consideration of the creation of a "Citizens Corps" Advisory Council to the Board of County Commissioners. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT Anthony Bove representing the Knights of Columbus requesting a fee waiver in the amount of $100 for a Parade Permit for a Columbus Day Parade. (Norman Feder, Administrator, Transportation) Status Report to the Board regarding access issues for G's General Store at the Intersection of Golden Gate and Wilson Boulevard. (Norman Feder, Administrator, Transportation) This item has been deleted. Recommendation that the Board of County Commissioners review and approve a Scope of Services and Funding for a Contract with Dover, Kohl and Partners for the Development of the Naples Park Community Plan. (Joseph K. Schmitt, Administrator, Community Development) 7 September 10, 2002 Authorize a Budget Transfer from the General Fund to the Development Services Fund in the amount of $4,050.00 to pay the Gulf Coast Skimmers Water Ski Show, Inc., variance application fees for two off-site signs. (Joseph K. Schmitt, Administrator, Community Development) F. Recommendation to confirm the promotion of Mr. Leo E. Ochs, Jr. to the position of Deputy County Manager. (James V. Mudd, County Manager) Ge Board approval of a Budget Amendment in the amount of $106,000, funding unbudgeted Personal Services Expenses in the County Manager's Office. (Mike Smykowski, Director, Office of Management and Budget) 11. 12. 13. 14. 15. Request for approval and funding of a Public Information Coordinator position for the Public Utilities Division to provide division-wide communications resources to satisfy a variety of critical needs ($53,200). (Jim DeLony, Administrator, Public Utilities) PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY 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) Board approval of Budget Amendment realigning Personal Services Funds regarding reorganization of Community Development and Environmental Services Division, as approved by the County Manager on May 22, 2001. 2) Approve an Agreement to accept a 100% reimbursable Florida Fish and Wildlife Marine Turtle Grant in the amount of $5,000. 8 September 10, 2002 3) 4) 5) 6) 7) 8) Code Enforcement Lien Resolution approvals. Petition AVESMT2002-AR2930 to disclaim, renounce and vacate the County's and the Public's interest in a portion of a Utility Easement conveyed to Collier County by separate instruments and recorded in Official Record Book 2270, Pages 1839 through 1840, and Official Record Book 1335, Pages 62 through 65, Public Records of Collier County, Florida. Located in Section 6, Township 52 South, Range 26 East. This item has been deleted. Final acceptance of Water Utility Facilities for Vanderbilt Pines, Phase 3, Waterford. Final acceptance of Water Utility Facilities for Vanderbilt Pines, Phase 3, Wedgewood. Request to accept an alternate Performance and Maintenance Security and Construction and Maintenance Agreement from the Estates at Bay Colony Golf Club Neighborhood Association, Inc. 9) Final acceptance of Water Utility Facilities for Christus Victor Lutheran Church. 10) 11) 12) 13) 14) 15) 16) 17) Request to approve for recording the Final Plat of "Classics Plantation Estates, Phase Two", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the Final Plat of "Galilee". Request to approve for recording the Final Plat of "Westview Commerce Park". Request to approve for recording the Final Plat of "Shores at Berkshire Lakes, Phase Two-C". Request to approve for recording the Final Plat of "Ibis Cove Phase Two- B", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the Final Plat of "Ibis Cove Phase Two- C", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the Final Plat of "Laurel Lakes Phase Two at Laurelwood, a P.U.D.", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the Final Plat of "Laurel Lakes Phase Three at Laurelwood, a P.U.D.", and approval of the Standard Form 9 September 10, 2002 Construction and Maintenance Agreement and approval of the amount of the Performance Security. 18) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Ketch Cay at Windstar, Unit One". 19) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Ketch Cay at Windstar, Unit Two". 20) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for '"'Ketch Cay at Windstar, Unit Three". 21) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Stonebridge Unit Four". 22) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Stonebridge Unit Five". 23) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Pelican Strand Replat Tract 15". 24) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Vanderbilt County Club - 2". 25) Final acceptance of Water Utility Facilities for Fairway Preserve Apartments. 26) Approve an Agreement with the Economic Development Council of Collier County, Inc. (EDC) to execute continuation of the Economic Diversification Program and provide a contribution to the EDC of up to $400,000 for Fiscal Year 2002-2003. 27) Approval of the Mortgage and Promissory Note for a Twelve Thousand Five Hundred Sixty-Six ($12,566) Dollar Loan to Collier Housing Alternatives, Inc., a Non-Profit Housing Provider, to assist in the rehabilitation of fifteen (15) special needs affordable housing units. 28) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of "Vanderbilt Country Club". 29) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Livingston Road, Phase One (Immokalee Road to Mediterra Entrance)". TRANSPORTATION SERVICES 1) Approval to maintain the curbed median area at the intersection of Radio Road and Commercial Boulevard. 10 September 10, 2002 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) Approve by Resolution the Local Agency Program Agreement between Collier County and the Florida Department of Transportation for the design and construction of ramp improvements for the Immokalee Road/I- 75 Interchange Improvements. Collier County Board of County Commissioners (BCC) authorizing the Chairman to sign a Memorandum of Agreement with the Florida Commission for the Transportation Disadvantaged (CTD). A Resolution authorizing speed limit increases from twenty-five miles per hour (25 MPH) to thirty-five miles per hour (35 MPH) on Tropicana Boulevard and Coronado Parkway at a cost of approximately $800. Authorize the execution of a Quitclaim Deed to the property owner of any interest the County may have in a 30-foot strip of land along the North boundary of the Terrafina PUD. Approve Work Order for $1,830,620.00 for the Construction Engineering and Inspections Services by AIM Engineering and Surveying, Inc., for Livingston Road Phase III (Pine Ridge Road to Immokalee Road) six lane improvements, Project No. 62071. Approve Work Order for $854,078.00 for the Construction Engineering and Inspections Services by HDR Construction Control Corporation for Livingston Road Phase IV (Immokalee Road to the County Line) four and six lane improvements, Project No. 65041. Approval to renew the Airport-Pulling Road and Immokalee Road Current Maintenance Contracts in the estimated amount of $138,000 for Airport- Pulling Road and $65,000 for Immokalee Road to Commercial Land Maintenance Inc., for a Fourth and Final-One Year. Approve Change Order No. I to Construction Contract #98-2905 for Better Roads Inc., to modify the Radio Road Median Opening between Industrial Boulevard and Commercial Boulevard. A Resolution authorizing the speed limit reduction from thirty miles per hour (30 MPH) to twenty-five miles per hour25 MPH) on 13th Street Southwest from Golden Gate Boulevard to 16~h(AVenue Southwest at a cost of $100. Resolution of the Collier County Board of County Commissioners approving the expenditures of funds for activities and incentive prizes for children active in the Annual Walk Our Children to School Day. PUBLIC UTILITIES 1) Authorize the Chairman to accept the Year 2002/2003 Waste Tire Grant Offer in the amount of $38,171 and authorize the Solid Waste Director to sign the Agreement. 11 September 10, 2002 2) Approval of Budget Amendment to transfer funds from the Water Distribution Telemetry Project to the Facility Rehabilitation Project for the installation of an additional variable frequency drive at the Raw Water Booster Station in the amount of $91,600. 3) Recommendation to award Bid #02-3395 - "Annual Contract for Emergency and Scheduled Sewage Hauling" to J.C. Drainfield for the approximate amount of $150,000. 4) Authorize conveyance of easements to Florida Power and Light Company for the installation of Electric Utility Facilities across the County owned property North of the Naples Landfill at no financial impact upon the County. 5) Award Bid No. 02-3404R for backflow prevention assemblies and associated materials in the estimated amount of $361,51 7. 6) This item has been deleted. 7) Approve and accept the execution of two utility easement agreements for the location of the 30" raw water main in the Tamiami Wellfield in the amount of $24,650. 8) 9) Approve a Resolution to authorize the Public Utilities Administrator or his designee to execute agreements for Cooling Tower Deduct Meters, and approve Agreement, Procedures and Application, for the Cooling Tower Deduct Meters (Recording Fees approximately $15.00). Accept Livingston Road Utility Facilities provided in accordance with Developer Contribution Agreement with Long Bay Partners LLC in the amount of $883,825. 10) Waive Formal Competition and approve the purchase and installation of four (4) Allen-Bradley Variable Frequency Drives (VFD's) at the South County Water Reclamation Facility, for an installed price of $82,818.00. 11) Approve a Work Order to Youngquist Brothers Inc. in the amount of $649,500 to fund and complete the repair of Deep Injection Well #2 at the North Regional Water Treatment Facility, Well #1 currently is under similar repair. 12) Award Contract in the amount of $745,983 for South County Regional Water Treatment Plant Test Well Construction, Bid #02-3403. 13) Accept a Utility Easement for the construction of a reclaimed water main along the North side of Vanderbilt Beach Road Extension at a cost not to exceed $2,170. 14) Approve funding for advancing the acquisition of property related to future water and sewer facilities in the amount of $40,000. 15) Approve a Budget Amendment in the amount of $200,000 to fund unanticipated expenses within the Water Department. 12 September 10, 2002 16) Approve a Resolution adopting the Collier County North County Water Reclamation Facility (NCWRF) expansion to 30.6 MGD (Million Gallons Per Day) Facilities Plan Update, authorize the submission of this plan to the Florida Department of Environmental Protection (FDEP), to facilitate the State Revolving Loan Approval Process, and authorize the Public Utilities Administrator to carry out the County's responsibilities under the Loan Program. PUBLIC SERVICES 1) Acceptance of Library Current Year Action Plan and approval of Library State Aid Application. (FY03 Grant Revenue of $350,000) E. ADMINISTRATIVE SERVICES 1) Approve a Budget Amendment to appropriate Building Maintenance Special Service Revenues totaling $30,000 for reimbursement of operating expenses in Fiscal Year 2002. 2) Award Contracts #01-3290 "Fixed Term Professional Engineering Services" to the following firms: Agnoli, Barber and Brundage, Pitman Hartenstein and Associates, TBE Group and Johnson Engineering, (estimated annual amount $1,000,000). 3) Award RFP 02-3354 - Comprehensive Energy Management and Retrofit Services to Siemens Building Technologies, Inc. 4) Approval of RFP #02-3363 to David Lawrence Mental Health Center, Inc., DBA Employee Assistance Services of SW Florida for Employee Assistance Services, at an annual cost of $28,000. 5) Approval to award Bid #02-3380 "Purchase and Installation of Floor Covering" to Wayne Wiles Carpets, Inc. F. EMERGENCY SERVICES 1) 2) Secure approval of an assignment of lease between Omnipoint Holdings Inc., and Clearshot Communications, Inc., having no fiscal impact on the County. Approve a Budget Amendment transferring $505,500 from EMS Ambulance Fees and $86,800 from Reserves for contingencies to EMS Personal Services Budget to meet FY 02 Payroll Expenses. 13 September 10, 2002 3) Approval of an agreement between Collier County end Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner DBA/District Twenty Medical Examiner, Inc., to provide Medical Examiner Services for Fiscal Year 2003 at a cost of $748,500. G. COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Boards scheduled recess. 2) Approval of Budget Amendment Report - Budget Amendment #02-500; #02-502; #02-503; #02-504. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for approval for payment to attend NAACP Freedom Fund Banquet. 2) Commissioners' request for approval for payment to attend function service a valid public purpose. 2002 Excellence in Industry Awards Luncheon. (Commissioners Carter, Henning, Fiala and Coletta) J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to file for Record as Directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Accept a Civic Traffic Infraction Hearing Officer Grant-in-Aid from the Office of the State Court Administrator and authorize Chairman to sign the Agreement (FY03 Grant Revenue of $6000). 2) Request that the Board of County Commissioners approve a Budget Amendment transferring funds from General Fund Reserves to the Sheriff's Office Budget. 3) That the Board of County Commissioners adopt a Resolution authorizing the borrowing of an amount not to exceed $1,800,000 from the Florida Local Government Pooled Commercial Paper Loan Program for the 14 September 10, 2002 4) 5) 6) 7) 8) purchase of mobile data infrastructure for implementation of the Mobile Data Project. That the Board of County Commissioners adopt a Resolution authorizing the borrowing of an amount not to exceed $1,400,000 from the Florida Local Government Pooled Commercial Paper Loan Program for the purchase of equipment and services necessary to add two additional towers to the County's 800 MHz radio system. That the Board of County Commissioners adopt a Resolution authorizing the borrowing of an amount not to exceed $2,750,000 from the Florida Local Government Pooled Commercial Paper Loan Program for the acquisition of 99 acres related to the Lely Stormwater Improvement Project. That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders for the period July 20, 2002 through July 31, 2002 serve a valid public purpose and authorize the expenditure of county funds to satisfy said purchases. The Open Purchase Order Report is available for review in the County Manager's Office, 2nd Floor, W. Harmon Turner Building. That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders for the period July 1, 2002 through July 19, 2002 serve a valid public purpose and authorize the expenditure of county funds to satisfy said purchases. The Open Purchase Order Report is available for review in the County Manager's Office, 2"d Floor, W. Harmon Turner Building. That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders for the period of August 1, 2002 through August 16, 2002 serve a valid public purpose and authorize the expenditure of county funds to satisfy said purchases. The Open Purchase Order Report is available for review in the County Manager's Office, 2"d Floor, W. Harmon Turner Building. L. COUNTY ATTORNEY 1) Approval of the Stipulated Order of Taking and Final Judgment relative to the Fee Simple Acquisition of Parcel 219 in the Lawsuit entitled Collier County v. Cary B. Collins, et ux, et al, (Immokalee Phase I Project). 2) Recommendation that the Board of County Commissioners approve the Settlement in the Case Styled Collier County v. Mark Steven Vogel, Casa No. 02-835-CC, now pending in the County Court of the 20t' Judicial Circuit in and for Collier County, Florida, for $7,200.00 (seventy-two 15 September 10, 2002 hundred dollars). Said Settlement was arrived at during settlement negotiations. 3) Recommendation that the Board pay the reasonable attorney's fees and costs incurred by the County employee in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant as he has successfully completed pretrial diversion and the charges against him have been dismissed and that the Board approve any necessary Budget Amendment. 4) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 361 in the Lawsuit entitled Collier County v. Tony Guarino, III, et al, (Golden Gate Boulevard Project, Project No. 63041). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITI'EN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. A. Approve the County's Community Development Block Grant Program Year 2001-2002 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and authorize staff to submit the CAPER to the U.S. Department of HUD. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2002-AR2586 t¢ disclaim, renounce and vacate the Cuunty's and the Public's interest in a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 88, according to the Plat of "Moon Lake Unit 5" as recorded in Plat Book 23, Pages 79 through 80, Public Records of Collier County, Florida. Located in Section 6, Township 50 South, Range 26 East. C. This item requires that all participants be sworn in and ex parte disclosure bfi. provided by Commission members. VA-2001-AR-1710 Greg White, o, Finishing by Baker, representing Jose and Carol Rocha, requesting a 2.5 foot after-the-fact variance in the PUD Zoning District from the required 12-foot side yard setback to 9.5 feet for a swimming pool and enclosure on property located at 215 San Mateo Drive, further described as Lot 41, Southport on the 16 September 10, 2002 Bay Unit 1, Plat Book 15, Pages 51-53, as recorded in the Public Records of Collier County, Florida, in Section 6, Township 48 South, Range 25 East. De This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2044, Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing Chris Cox, requesting a 30-foot variance from the required 40-foot rear yard setback to 10 feet for property located at 4790 Radio Road, in Section 1, Township 50 South, Range 25 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVROW2001-AR1578 to disclaim, renounce and vacate the County's and the Public's Interest in a portion of a road right of way for Cocohatchee Street which was dedicated to the County by the Plat of "Palm River Shores", as recorded in Plat Book 3, Page 27, Public Records of Collier County, Florida. Located in Section 22, Township 48 South, Range 25 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 17 September 10, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING September 10, 2002 CONTINUE ITEM 6A TO SEPTEMBER 24, 2002 BCC MEETING: Public Petition request by Ms. Elise Batsel Lynn to discuss reassessment of impact fees on the Homewood Residence. (Petitioners request.) CONTINUE ITEM 8E TO OCTOBER 8~ 2002 BCC MEETING: This item continued from the July 30, 2002 BCC Meeting, ST-2194. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition ST-2194, Michael Landy, P.E., of Landy Engineering, Inc., representing Southwest Florida Opportunity Fund, L.L.C., requesting a Special Treatment Development Permit to construct a 11,200 square foot drug store and a 266-seat restaurant via the site development plan approval process on a 4.02-acre site zoned C-3ST, located at the Northeast corner of the Intersection of US-41 and CR-951 in Section 3, Township 51 South, Range 26 East, Collier County, Florida. ADD ITEM 9L: Discussion regarding FAC's request for a special assessment for Article V. (Commissioner Carter.) MOVE ITEM 16(A)21 TO 10 I: Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Stonebridge Unit Four". (Commissioner Carter.) MOVE ITEM 16(A)22 to 10J: Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Stonebridge Unit Five". (Commissioner Carter.) DELETE ITEM 16 (B)5: Authorize the execution of a Quitclaim Deed to the property owner of any interest the County may have in a 30-foot strip of land along the North boundary of the Terrafina PUD. (Staff's Request) MOVE ITEM 16(C)16 TO 1OK. THIS ITEM TO BE HEARD AT 11:00 AM. Approve a Resolution adopting the Collier County North County Water Reclamation Facility (NCWRF) expansion to 30.6 MGD (Million Gallons Per Day) Facilities Plan Update, authorize the submission of this plan to the Florida Department of Environmental Protection (FDEP), to facilitate the State Revolving Loan Approval Process, and authorize the Public Utilities Administrator to carry out the County's responsibilities under the Loan Program. (Staff request.) **Note** Item 10 E to be heard at 3:30 p.m.: Authorize a Budget Transfer from the General Fund to the Development Services Fund in the amount of $4,050.00 to pay the Gulf Coast Skimmers Water Ski Show, Inc. variance application fees for two off-site signs. PROCLAA~A TION the month of ~eptember ~00~, has been declared National Youth Court/Aonth by the NoHonal Youth Court Center, which is sponsored by the U. 5. Department of ~rust/ce; and, WHEREAS, nationally there are more than 880 youth court programs (also known as Teen CourO in operation in £orty-s/x states and the District of Columbia, including Teen Court o£ Coil/er CounI~, Naples, Florida; and, Teen Court increases the awareness of juvenile delinquency issues and problem behavior on a local/eve/and mobilizes community members and youth to take an active civic role in addressing the problem - more than 130 youth and 30 adults have volunteered in Teen Court of Coil/er CounI~ in Nap/es, F/or/da: and, Teen Court, youth through involveme#t gn solving, decision maki~: I~~ development, ~ubt/c .s~aki~ and positive peer ~.~-~ Collier ~n~ ~lnim the vo~ ~n~fbuYi~ ~hot ?he Y~h- and odult ~mmUni~':. . ..... ~ . ~olliee ~o~ ~, ~l~ida ~ DON~ AND ORDc"RGD THIS 7'ee.~s. ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA D~III~HT E. BROCK, CLERK ~rI~ COLGTTA, CHAIRtAAN SEP 10 20O2 Pcj. ! PROCLAtAA TZON WHEREAS, ~IHEREA$, America's museums are stewards of the nation's h/story and heritage, and special places where people con rea£f/rm and exam/ne the richness of the American experience; and, The American Association of Museums has called upon museums across the nation to unite with their communities in remembrance o£ September 1 and, Collier County ~overnment's /Auseums in Naples, Everglades City and .rmmoka/ne have jo/ned with museums nationwide in a week-Ion9 program to celebrate the £reedoms that sustain American's strength and honor; and, Coil/er encouraged to visit the their personal American and and New and of NOW Freedom DONE AND ORDERED Tt4£$ I0~ Day o£ September, ~00~ BOARD OF COUNTY COI~A4Z$$.rONER$ FLOR£DA COLET-I'A, TEM No,_ 5EP 1 0 2002 F'cj ,,_ \ -- PROCLAIAA TION the Co/I/er County Stormwater d~anagement Sect/on of the Transportation Engineering and ~¢~tl7 ~l~t~ ~ ~riti~l ~r~i~ ~i~ti~ ~ff~rt k~ ~ tb~ on the south s/de of ~ld~n Gate Parkway cont/nu/n9 south to the southeast corner of th~ Conse~ncy Na~ Center, app~x/mately one half (I/~) mil~ in leah, Iocat~d in ~ections ~7 and 34, Township 4~ South, Ra~e ~ East. Colli~r Count, Florida; and, WHEREAS, a sign/f/cant poet/on of the work comprising the ~ordon River Cleanout Project was per~roemed by staff, equipment, and materials provided by the Big C~$$ Basin Offic~ of the South F/or/do WHEREAS, staff of the Big Cypress Basin Office of the South Florida Water d~anogement D/strict, specifically: WHIiam Habig. Glen Lange, Hem'y WHEREAS, by ~~g m~o~,, mochi~ on the Big Cypress saved WHEREAS, c~pleh~ of t~i$ wo~ ~s..d~i6~ge codifY:and fl~-~t~ction ~r ~n ~ ~nd~b9 ~v~; ~ mil~ north of ~W~ ~t~ ParkWay ~ Orn~ Blosso~ Drive; :: ~ ', ~ ~L? ~.~ '.. flo~, i~d ~-~.: ~s~d~tfd~l flu~hin~ ~ction NOW THEREFORE, BE ~ PROC~Z~D by the Boo~ of Coun~ Commissioners that the Big Cypress Basin Off/ce of the 5outh FIoWda Water ~nog~m~nt bJstWct b~ ~c~nJz~d foe their o~$tondin Coil/er Coun~ in the spirit of teamwork and cooperation, sharing mutual conce~, ~s~ndb/li~ ond st~wo~ship ~oe the protect/on and management of th~ water ~sou~s of Call/er Coun~ and th~ State of FloWdo on ?h~s I~ dot of S~pt~mb~r, DONE AND ORDERED THIS lot* Day of ~eptember, ZOOZ BOARD OF COUN~/ COMMISSIONERS CO! ! r~ cout~ry, FLO~DA A T'£ES T: JAI~E$ N. COLonY?A, CHAIRIAAN DWIGHT E. BROCK, CLERK AC" .... 'TTFt"I PROCLAtAA TXON WHEREAS. WHEREA5, WHEREAS. WHEREAS. WHEREAS. WHEREAS, WHEREAS, the Eye, lades ecoaystem, spanning f~om the Kissimmee River Valley to F/ar/da Bay, is a sign/f/cant nat/anal resource and international ~u~e/ and, on Oecembee ~1, ~, Con~s~ app~ved ~he Comp~hensive Eve~/ade~ ~es~?/on P/on (CF~P); an~ Eve~lades ~s~o~ion mus~ mow fo~a~ expeditiously; on~ thee p~ject~ ~ scheduled foe app~wl ~e/n9 ~he ~2 session of Congest; an~ thee p~jects, the Znd/an ~/~r ~goon Fea~/bili~ ~dy. the ~uthe~ ~ldan Es~a?es p~ec~ and the Water Preserve A~a (~/~ ~r/~ ~echa~e A~a and the ~outhe~ Compor~ent of the N/llsbo~ Xmpoundmant). o~ immediately necessary because of development p~ssu~, escalating costs of delay, and/mpendin~ ecological collapse; on~ t~ese p~Jects p~m/se to p~v/de la.-scale ~s~oeat/on early in ~e CE~P p~cess. thus demons~r/n9 the worth of the/nves~ant of fede~l, sta~ and ta~aye~s a~ making in this historic ~storation effort; and, these p~Jects ~paie p~vious damage caused by fedeeal and state wate~ canal prvjects; and, these p~ojects contain mo~e and will p~ovide ' square miles resto~ed / eastel~ Florida thr~e Ar~a and Resour~'.e$ the assurances Fs~tes P~oject, p~oject will not occur DONE AND ORDERED THIS loth Day of September, the total land a~ea in the r~stat~tion p/an. befor~ 2010. including: 270 wet/ands and up/ands; $5 of which ar~ thr~ataned ~d-cockoded eagle, im~o snake, ~le, AHan~/c in associated Coil/er County, of the of the the Southern Recharv2e ~, in a Water whicle consistent with the southern ~oldan ~ate that flooding caused by the Federal ~overnment ~ecognize the rights of the public to r~cr~ate in the prvject a~ea in a t~a$onab/e manner. Furtherrnor~ Coil/er County calls on Congress and the Florida Delegation ~o endeavor to pass/egis/at/on appeoWn~ the Indian River Lagoon Feasibilit, ~o/dan ~ate Estates project and the Water P~eseeve Ar~a (BJ Ar~a and the Southern Compartment of the H///sbo~o Xmpoun¢ BOARD OF COUNTY COMMZ$$XON~ COLLXER COUNTY. FLOI~DA SEP 10 200 ~-XIA COLE3~I"A. CHAIRMAN ATTEST: PROCLAt~A TION WHEREAS, industry in Collier Courtly is vitol to the communihy's econom/c heolth; WHEREAS, Collier Count),'~ existing industries ore the key to o prosperous future; and, WHEREAS. the expansion of those industries accounts for the mojori~/ of new jobs cr~oted; ond, WHEREAS. Collier County's industWes help sustoin our quoli~y of life, exempli~/ high stondords o£ excellence ond a positive, ~sponsibl~ ~pp~o~ch ~o ~conomic diw~siYic~Hon ~nd communi~ and, WHEREAS, public knowle~ by indust~ is essentiot ~ ~i~eno~ ~ ~ ~mm~i~-industry relod~h[ps .... · . ~0~ r~E~EF~ ~ ~ proddmed by ~he BooVd of C~ C~miss/oners ~ be des/gno~d ~s INDUSTRY APPRECXA TION WEEK and urg~ oil residents to solute our indusYriem.n~d their employ~.~$ for their c~tribuHon to.~C. ~mUni~. DONE AND ORDERED T~ 2002 "'L ~ OF COUNTY COt~I~ISSIONERS dOttiER COUNTY, FLORIDA A TTES ~ DWIGHT E. BROCK. CtERK 4-II~ COLETTA, CHAIRtAAN AGENDa' "~ SEP 10 OOZ Pg., / July 16, 2002 COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 (941~ 774-8383 FAX 1941~ 774-4010 Ms. Elise Batsel Lynn Holland & Knight LLP P.O. Box 1288 Tampa, FL 33601-1288 Re: Public Petition Request to Discuss Reassessment of Impact Fees on the Homewood Residence Dear Ms. Lynn: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 10, 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, ,"James V. Mudd Interim County Manager JVM:jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator Phil Tindall, Impact Fee Coordinator HOLLAND & KNIGHT LLP 9' 02 16'27/~L 16:23,(N0. 486329_6.7.09 P 2 June 27, 2002 Board of' County Commissioners Of Collier County, Florida 2800 North Horseshoe Drive Naples, Florida 34104 Re: Collier County's Reassessment of Impact Fees on thc Homcwood Residence, Naples, Florida, 111 West Wood Place, Folio No, 06050(X10724 (the "Property") Dear Gentlemen: As you are aware, Collier County has reasscssed the impact fees on various projects within its jm-isdiction. Our firm has the pleasure of representing Amer/can Retirement Corporation in connection with this matter. To give you some background, our client received a letter from Collier County in November of 200I stating thai approximately $138,495.00 were owed in impact fees on the property. I have had various conferences with Phillip Tindall, Collier County Impact Fee Coordinator. to determine whether the County had established a policy for processing administrative appeals and to obtain other information. During each conversation, we were informed that the County was working on a straxegy for dealing with both the school impact fee issue and the assessment of retroactive impact fee issue and that someone from the County would "get back to me." However, we have not received any additional corr~pondence or communication from the County staff until we received the May 28, 2002 correspondence stating that there had been another "review" of this matter and that the amounts due had increased, We were concerned by the inconsistencies in the November 21, 2001 and May 28, 2002 correspondences. In an effort to finally obtain some information from the County on this matter, ! requested a conference call with Phillip TindaI1 on June 26. 2002_ On Iune 26, 2002 during the conference call I tried to have additional questions answered by Philip Tindalt and Jacqueline Hubbard Robinson, in the County Attorney's office. Unfortunately, Ms. Robinson was not willing to provide me with the information requested and asked Mr. Tindall not to answer many of my questions. I was hoping that the Board of County Corrmussioncrs of Collier County June 27, 2002_ Page 2 9'02 1~:27/9¥. 16'23/N0. 48632967{:9 County was willing to work with us to resolve this matter amicably but ~at was not the impression that [ had after the conference call. [ did rece/ve a letter fi`om Ms. Robinson that evening indicating the her office was willing to provide me with answers to any inquiries I ha~e ~garaing Collier County's collection efforts in this matter and I appreciate her change or' position and willingness to assist. However. because our client would like to expedite this matter, I would request that the Board of County Commissioners set an agenda item at your earliest convertience in order to reconsider the re~ssessment of imFt~:t fees for the I-I~mewood Residence and allow us to present our position. Please be assured tha~ our client~ are only trig to resolve this matter in an armcable fashion and avoid potential titigation. Clearly, it is much more cost effective for our ctiem ~nd for the County to work toward a mutually satisfactory resolution of r.b. is matter. Please have your office contact me it' the Board is willing to reconsider this matter and schedule it for public hearing. For your convenience, I have attached a legal memorandum sening forth our legal position, Very truly yours, EBL:ams HOLLAND & KNIGHT LLP Rock Raessler (w/enclosures) Elise Bal~el ~fr. Phillip Tindall (w/enclosures) Jacqueline H. Robinson, Esq. (w/enclosures) lames H. Shimberg, Jr., Esq. (w/enclosures) Pat Skelton, Esq. (w/enclosures) $7~7-8 /1'PAl #1.~170.* v2 COLLIER COUNTY MANAGER'S OFFICE August 20, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. R. Bruce Anderson Young, Van Assenderp, Varnadoe & Anderson, P.A. Post Office Box 7907 Naples, FL 34108 Re: Public Petition Request to Discuss Affordable Housing in Urban-Residential Fringe Dear Mr. Anderson: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 10, 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, :..,~...-~',--;~__ ~. /',.-:-.~'"'"' '""James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator R. BRUCE ANDERSON CLAY C. BROOK£R TASHA O. Bu~ORD DANIEL H. COX TIMOTHy S, FRANKLIN DAVID P, HOPSTETTER' C. LAURENCE KEEseY KENZA VAN ASSENDERp GEORGE L VARNADOE ~OY C. YOUNG Or COUNSEL DAVID B. ERWIN A J. ,JIM SPALLA YOU~TO, v_~_~ ASS~.NDE~?, VARNADOE & A~DERS~,- P. A. Azzoa ~ ~-¥s ~r F:~E PLY TO: ACTION Naples August 19, 2002 Via Facsimile & Regttlar Mail FILE ..... Ga~, ,~-'s ~a,= ~5 SOUTH ADAMS STREET State ~00 POST OFF~CE Box 1833 (ZiP 32302-1833) TALL~HASSEE, FLORIDA 3~3OI TELEPHONE (850) ~2~-7E06 TELECOP~ER (8~O) 56t-6834 SuNTRust BUILDING 8OI ~UREL OAA DR*VI SmT~ 300 POST Off,Ce BOx 7907 (ZIP 341OI-7907) NAPLES, FLORIDA 34108 TELEPHONE (239) 597-~814 TELECOP~ER (239) 597-1060 Mr. James Mudd County Manager Collier County Government Center Administration Building, 2nd Floor 3301 Tamiami Trail East Naples, Florida 34112 RE: Public Petition Request for September 10 Agenda - Affordable Housing in Urban-Residential Fringe Dear Mr. Mudd: Lack of affordable housing has been and continues to be a perplexing problem in Collier County. This letter is to request placement, on the September 10 County Commission Agenda under Public Petitions, a request for the Board to consider allowing a late-filed comprehensive plan amendment, which would permit the use of affordable housing density bonuses in the" T · · Urban-Res]dennal Fringe." The Urban-Residential Fringe is a one-mile wide ribbon of land that lays on the east side of Collier Boulevard (C.R. 951) running from its intersection with Davis Boulevard to south of U.S. 41, along the east side of U.S. 41. Approval of this request to authorize Staff to accept a late-filed comprehensive plan amendment, would enable the County' Commission to consider the merits of the amendment itself during transmittal hearings in November or December. I represent a client who is desirous of building home ownership workforce housing on property he owns in the Urban-Residential Fringe just south of Rattlesnake-Hammock Road. Although there are several rental workforce housing developments in and around the Urban Area, there is a real need to provide the workforce the opportunity to own their own homes. The proposed amendment would read as follows, underlined language is proposed new language: 3. Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural ~tew' .e=,, ~ SEP 1 L' zd02 Mr. James Mudd August 19, 2002 Page 2 of 2 and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 traits per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending, or up to 9.5 units per ross acre for affordable housin densi bonus develo ments. Exce t for the affordable housing densi _ty bonus, these residential land uses are not subject to the Density Rating System, but are subject to the following provisions: All rezones are encouraged to be in the form of a Planned Unit Development; and Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the C.R. 951 canal/out-fall system made necessary by new' development in the area. Thank you very much for your attention to this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, R. Bruce Anderson cc: Joseph Sclunitt, Community Development and Environmental Services Administrator Stan Litsinger, Comprehensive Planning Department Manager David Weeks, Comprehensive Planning Chief Planner Courmac Giblin, Housing Development Manager Brian Mansour F:\users~BETSY~Wpg~PATTYh~udd Itt re pubic petition request for sept 10 agenda 81902 wpd SEP 1 zu'J2 COLLIER COUNTY MANAGER'S OFFICE August16,2002 Representative Irving Slosberg District 89 Flodda House of Representatives 9045 LaFontana Boulevard, B-17 Boca Raton, FL 33434 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Public Petition Request Regarding Dori Slosberg Driver Education Safety Act Dear Representative Slosberg: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 10, 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, ~._ _~_ '~;'. ;//7.. ,-.--,~-f .;'::;3ames V. Mudd County Manager JVM:jb cc: David Weigel, County Attorney 2002 Florida House °f Representatives Represe~atative Irving Slosberg Dirtier ~9 Reply to: 9045 LaFootana Blvd., Boca Ralon, FL 33434 (SRO) 637-?09? a,02 Sou~ Monroe Steeet Tallahassee, Florida 32399-1300 (850) 488-1302 July 2, 2002 Attention Judy Bodine: New drivers put all motorists at risk. However, Florida's youngest, most inexperienced drivers lack the funding for effective driver's education programs. This is why the Florida Legislature passed the "Dori Slosberg Driver Education Safety Act" during the 2002 Legislative Session to give studem drivers the resources to fund successbai driving programs in our schools. We would like Collier Cotmty to pass this ordinance, which allows the Commission to add a $3 sumharge to each civil traffic violation. This does not include parking tickets. This orctinaace would have brought $147,351 to Collier County in 2000. We would welcome the opportunity to work with the Commission on July 30, 2002, to implement this wonderful piece of legislation. I am enclosing two newspaper articles for your re,~ew. Please contact myself or Wendy Slosberg, my volunteer, at (561) 637-7097 to begin the implementation process. ~,~Ve irv~advance for your consideration, District 89 SEP 1 Tick,tree may pay for driver cd ¢lass~-s Page I of 2 ;. .,.: ...'-: i':L' ' ." ht~:~!_/_w~....~x!g~ .,s _.ea3_iti _ne!, .cotrv'new s/loc al/paimb each/sea ..n;_h/s_fl-.p s 1 _0s_blrg 19j u ~ 19, story Ticketfee may pay for driver ed classes By Jcrinifer P¢Iiz S~T Writer Sune 19, 2002 Through the six years since his 14-year-old daughter was killed while tiding in another teenager's car, State Rep. Irv Slosberg, D-Boca Retort, has championed proposals to protect teens from the dangers of driving. Now his efforts to improve driver's education are poised to hit the road. St. Lu¢ie County on Tuesday night became the first county to make use of a new state law, initialed by Slosberg, that lets counties raise money for driver education through a $3 traffic-ticket surcharge. And Palm Beach County commissioners said Tuesday they were interested in doing the same. The new law, named for Slosberg's late daughter Doff, allows the sttreharge as soon as October. It would not affect parking tickets. If every county enacts it, the measure could raise more than $11 million a year statewide, according to Slosberg. Palm Beach County could expect $700,000 to $1 million per year, he said. At Commissioner Bart Aatonson's urging the Palm Beach County Commission asked staffers Tuesday to draw up a formal proposal to enact the surcharge. "Unfortunately, the School Board doesn'! have funding currently in place for adequate drivels education," said Commissioner Tony Masilotti. "This is one way that we can allow the violators of our traffic ordinances to help pay for it." Until the late ] 970s, high school students had to take driver's education -- including hands-on sessions on the road -- Io get a license. But wh~ the state dropped that r~luirement and classroom crowding became a major issue in the early 1980s, schools began cuttin8 back on driver's ed, turning to simulators instead off, al cars. Palm Beach County schools cut behind-the-wheel training completely from 1988 until Sg~t~ a partnership with the county Safety Council revived hands-on driving to some extent. ~, ~ SEP 1 2002 http://www, sun-sentinel.com/templates/mis¢/printstory.jsp?slug~sfl%2Dpslosbergl 9junl9 6t20/02- Ti~ketf~e may pay ['or driver ed classes Page 2 of 2 Thc school system had more than 4,000 driver's cd students in 2000-2001, while there were 700 in thc Safety Council's after-school driving lessons, according to figures school officials gave Slosberg. The school system has plenty of ideas for thc potential new driver's cd money. Ideally, school officials would like to have cars and simulators for every high school, several driving ranges where students could practice, and even an advanced class for juniors and seniors who already have hccnses, according to documents supplied to Slosberg. Thc wish list also calls for updating textbooks and expanding offerings for private-school students. "We agree with [Slosbcrg's] goals - we share them - and wc think thc plan will result in students having more experience [and} being safer drivers,' said county schools spokesman Nat Harrington. Slosbcrg said hc was pleased with the local governments' interest, thougfi hc wanted to make sum the ticket-surcharge money supplerncnts currcm driver's cd spending, instead of replacing it. Jennifer Pcitz can be reached at jpeltz~un-scntinel.com or 561-832-2905. Copyright © 2002, http://www.sun-sentine~~~~m/t~mp~ates/misc/printst~ry.jsp?s~ug=s~%2Dps~~sberg~9jun~ 9 6/20/02 TiCket fee mayp Ticket. f°r'"driver' ed dasSesf may p ty! I~ ' !omm~ ' .. for ~,o,.~~o.. ~,...~~ ~,,~,-~o.. Co~loo~ at law er Tony Menil0tti. 'Thin is ~ne way that we c~tl allow the violators of our tr~c' 0rd~ to help pay for ~ ~e ~tei970s, ~ i~ s iaucation -- in- :lung ~nds-on se~ions on ~e road -- tO get a But when the state d ro~d t~t and d~s~m ~owding ~[~lators in- P~m Beach Coun~ sch~ls cut baaed.the. dnk soo:er fields. ~rts and other amenMet Put ~ in federal communtt~/-develop m e~ t mo~ey toward the Atlantic Grove reclevelopmen! ~oject on West AUam/c Avenue in Dalmy 8~Ch. The cmmty contribution will go toward building shops and offices within the $18 million residerttta/and commercial ~i~e ~ until the end of March to come up with a :~/~l~n fo~ ~te~ring some County buslr~a5 to small companies. The system would replace currtmt preqe~ences for mlno~ty- and women-owned firms. Current preference~ .oheei train/ag completely were $¢l~e~uled to expire in m 1988 un~ 199~, when September. A majority of a lmrtnemhip with the comm/mom~ have endorsed ~ Sa _~Counetl re. ~~n ~1~ to Tile School system had mom than ~,IXX} driver's ed students In 2000-2001, while tlte~ were 700 in the S~fety Council's after- ranges where students could practice, and even an advanced class forjuniom and seniors who a/ready hav~ lic~mse,% accordir~ to document~ supplied to school driving_ lemons, ac. cord/.n~:to ~ achool S~sh list al~ ~ils o~~. ~~ ~~ and ~ ~i'"~-~s e~a~ing offeri~s for ple~of~ forthe po- ~t~ ~den~. tent~! new d~ve~s ed 'we agree ~th [Slos- mo~. be~'sI ~oals -- we share [deai[y, schoolofficlain them ~ and we th~k the wo~d ~e ~ ha~ cam a~d plan ~II result [n s~dents simulators for~e~ high herin[more expe~ence sch~l, sever~ driving [and] ~ing ~fer dd~m," whethe~ m r~ an ~lght-year t~rm limit fo~ county , ~ ~ton's~ ~ ~ : law tha~ fl~ g~ ~ ~. cou~ rating ~i~ a ~miJar ~ s~nd S]~,~ to ~ a ~b for com~dng ~ c~ and ~ ~ re~rch a ~i~ s~e ~ said county sehools: spokesman Nat Harr/ng- $losberg said he was pieced w/th the local gov-. emments' interest, though he wanted to make sure the: ticket-surcharge money suppJemen~ currextt driv-: etas ed spending, instead of replndng it. fueled by girl's death BY ~:N~IYP..q PE1,Tt ' Through the six years since ;his ] 4-y~r-old ~ughter Slosbe~. D-~ ~ton, h~ cha~ioned proposals to prote~ teens ~m the dam g~ of d~, Now his effo~ to impure ~er's edu- ~on am ~ to t~. St, ~cie ~W on ~ay~t.~e the fimt county to ~ake use of ~ new state law, initiated by Slosbe~, that counties ~ money for dd~r ~u~tion De~ through a $3 traffic- Them stata law,' nanmd for State,Rep,:kv Slosberg's leto dnaghter And Palm Beach County eommis~ion- i er~ said Tuesday they ~:k~ ~ · , we~ in~ted in~ The new law, ~', n~ ~r Slos~r~s ~oon ~ ~r. It ~ fl~ ~ ~rk- f eve~ coun~ ena~ it,,th~ ~ure could ~se mo~ than $11 million ayear ~de,~~to ~. · Palm Beth ~un~ could ~pect $~nel.~ or ~, t~e ~mm Beach C~n~ Co~mi~ion COLLIER COUNTY AGER'S OFFICE August 13, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Jim Kramer 992 Plymouth Rock Drive Naples, FL 34110 Re: Public Petition Request to Discuss Towing Ordinance Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 10, 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. ~3ce, rely, ?~ames V. Mudd Coun~ Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator SEP 1 zu0 \ TOWING OVERCHARGE (request to address the BOCC on August 13~, 2002 with an update) My name is Jim Kramer and I reside on Plymouth Rock Drive in Naples. Quotation - "THE ONLY THING NECESSARY FOR THE TRIUMPH OF EVIL IS FOR GOOD MEN TO DO NOTHING." This quotation is attributed to Edmund Burke, an Irish philosopher and a statesman of the 18th century, from his treatise THOUGHTS ON THE CAUSE OF THE PRESENT DISCONTENTS in 1770. As we all know these PRESENT DISCONTENTS abound today in Collier County. So I am here to add another chapter. Six months ago my fiance' borrowed my car to go to work at her two jobs, first on Horseshoe Drive, and second, at the Coastland Center Mall. About halfway between these jobs, she realized that she had left her purse at the office. In what turned out to be a self-fulfilling prophecy, she thought, "I need my purse in case I have an accident, and the police will need to see it if something happens." So despite rush hour traffic on Golden Gate Parkway, she made a left hand turn into Poinciana Professional Park, where the Barron Collier Companies are located. Traffic in the first two lanes of rush hour Itaffic waved her through, but although the third lane appeared clear, what she didn't see was a fast approaching vehicle trying to make the green arrows at Airport Road. As she entered that lane, she was struck by the car at an estimated 35mph. The good news of this story is that for both vehicles, the safety equipment worked, and seat belts and air bags saved all fi.om serious injury. The bad news is that in this time of extreme distress, our county ordinances allowed an unscrupulous towing company owner to line his own pockets at our expense. After the accident, Naples Police and Emergency Services called the next towing company in line per their rotation schedule. Joe Nagy showed up and towed both cars to his storage yard a mile away. I called him the next morning and asked him to tow the car a half mile up his street to Tamiami Ford's Collision Shop for a repair estimate. He said he would be happy to do so, but couldn't do so until the following day. 1 gave him the okay to do so, and didn't think any more about it. So, here's the problem. The bill is $260.00 - Let me repeat that - THE BILL IS $260.00! To tow a car a mile and a half?. Come to find out, Collier County regulates the towing rates with what are termed "MAXIMUMS". Joe Nagy can legally charge these "maximums" and get away with these unconscionable rates. He made a few arithmetic mistakes, but otherwise, nothing happens until somebody complains. I am here to complain, now for the third time. Remember, I said "The only thing necessary for the triumph of evil is for good men to do nothing." YOU are the good men (and woman) of Collier County, and I ask that you place this case on a future agenda and allow us to return to more reasonable and competitive rates. If Police Chief Steve Moore of the City of Naples, Jim Lavin of AAA, the auto club, and JeffBogan of Allstate Insurance are here, they may wish to give voice to their own opinions on this case. If not, I hope you will consider their testimony during that future meeting. Thank you. RECEIVED COUNTY MANAGER OFFICE AC~ON FILE SEP 1@ 20O2 COLLIER COUNTY MANAGER'S OFFICE August 28, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Jim Kramer 992 Plymouth Rock Drive Naples, FL 34110 Re: Public Petition Request to Discuss Alleged Hepatitis Outbreak in Copeland Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 10, 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. Sin~ip~cerely, · *dames V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney SEP 21)02 naplesnews.com I Printed story Page 1 of 3 To print this page, select File then Print from your browser. URI~ http://www.naotesnews.corn/0~/08/naDles/d818091 a.htm Naples front I Naples archive I help Copeland meeting ends fairly peaceful after rocky start Friday, August 23, 2002 By JANINE A. ZEITLIN, jazeitlin@naplesnews.com_ The Copeland Civic Association's meeting Thursday night began with talk of a hepatitis outbreak in town, an attack on Collier County for not doing enough to help the poor community, and bickering neighbors. What a difference a few hours made. The meeting ended with no known cases of hepatitis in the town, smoothed relations between Copeland and the county and, well, bickering neighbors. The hepatitis rumor- reported by some local television stations -- was fabricated by an association leader to draw media attention to the town, residents and county leaders said. County health officials said there are no known cases of hepatitis in Copeland. When the rumor broke, the county had the town's water tested Thursday for bacteria, officials said. "It was a media ploy to try to embarrass the county," said County Commission Chairman Jim Coletta, who attended the meeting. Coletta's district includes Copeland. Residents were disgusted with how quickly the rumor had spread. "I was appalled," said Carol Syvlest, a resident since 1962. "If somebody had it, we would know it. You don't keep secrets in this town. My water tastes better than it has in years." The community, four miles north of Everglades City, is home to about 250 residents, many of whom have little money and are unemployed. About 50 people attended the standing-room-only meeting at the Copeland Baptist Church. James Hammond, a Naples contractor, told a Daily News reporter that there was a hepatitis outbreak in the community. At the meeting, he distributed a formal letter attacking what he charac~as, lhe .- county's lack of effort from a Coletta-backed county coalitiOn formed in May to help the Community obtain grants and services at the county level. Meanwhile, Coletta and the civic group have been looking at turning Copeland's former p~st office into a museum, getting day care and public transportation to the area and cleaning up trash througlmut the town. --- http://cfapps.naplesnews.com/sendlink/printthis.cfm 8/27/2002 naplesnews.com [ Printed story Page 2 of 3 An obviously frustrated Coletta responded: "If you people feel you've got the resources and time to go to every county department, you know go for it. God bless you." Several residents defended the county's efforts. While they haven't seen too many results, at least some county officials are trying for the first time, resident said. "You're hammering on our commissioner and the county. I'm sure they need it but this is the only commissioner to set foot in this town. I don't want anybody hammering on him at all," said Donnie McDowell, an Everglades City maintenance worker and Copeland native, came to Coletta's defense. McDowell was elected president of the association later in the meeting. After an hour of arguing, talk turned to cleaning up Copeland, putting a sign near the town's entrance and attempting to gain a historical designation. Coletta acknowledged the meeting got off to a rocky start and added, "a lot of real good things are coming out of it." "These things always start out with some sort of turmoil." ] E-mail this story to a friend. Format this story for printinq. Search our archive for r~e~_at~ed_ st~ories~: advanced search Navigation: Go to today's Naples section fron__t Go to our 7-day Naples archive ]Go to another section... Also in today's Naples section: Airport Authority director may resiqn for new idb today Brant BaFten: Candidates walkinq theoloqical tiqhtrope_ Community Blood Centers in dire need of donations. Election 2002: District 2 commission candidate forum a spectacle at tim_es Election 2002: School Board candidates share opinions at forum_ Election 2002: Upcominq political forums Events planned to remember September 11 Ex-school bus driver pleads no contest to qivinq child X-rated movie, FGCU library holdinq open house to help new studentq FGCU, Edison Community open with increased enrollments, Photo: I qot it[ Police Beat: Crime reports for Collier County School Board candidate Charles Brown admits to stalkinq conviction, bipolar ... State siqns off on county's rural qrowth plan chanqrs_ Update of school, law enforcement impact fees pushed back Feedback: E-mail the naplesnews.com staff Write a letter to the editor View our directory of Daily News staff Siqn up to receive our free Diqital Diqest by e-mail Send a Daily News reporter a story suoQestion SEP http://cfapps.naplesnews.com/sendlink/printthis.cfm 8/27/2002 COLLIER COUNTY MANAGER'S OFFICE August 28, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Richard Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Re: Public Petition Request Regarding Naples Lakes Country Club/Blockbuster, Shipmates and Dry Cleaners Dear Mr. Yovanovich: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 10, 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, '/'"James V. Mudd County Manager JVM:jb cc:: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator by: dooci~ette~Coiemat~&~oinnsan,PA 239 435 1218; C8/27/20C2 17:55; #710j Page 2/3 GOODLE'iTE COLEMAN & JOIiNSON, P.A. A'I'rORNEY$ AT LAW Nor'them Tru.~i Bank Building 4001 Tamiami Trail Nm'u"t Napte~, F! 34103 (941) 435-3535 [941) 435-1218 W~j~'s c-mail: ~ovanoyich(q'~gcilaw.cc~ August 26, 2002 via Facsimile Jim Mudd, County Manager Collier County Government Complex 3301 East Tamlami Trail Naples, Flodda 34112 RE: Naples Lakes Country Club Blockbuster, Shipmates and Dry Cleaners Dear Mr. Mudd: The Naples Forest Country Club PUD Ordinance No. 98-14 incJuded a commercial :tract for a shopping center. Included in the PUD is a list of pen'nitted uses approved by the Board. It has.;come to our client's attention that the PUD does not dearly list a video store, pick-up and drop-offdry cleaner and pack and ship store as permitted uses although these uses are customarily found in a sl~opping center. Interestingly, a commercial dry cleaner and coin-operated laundry facilities are permitted uses. This discrepancy was discovered when Shipmates (pack and ship store) attempted to obtain its occupational license, It is our understanding that County staff has no objection ~ these uses, iHowever, since the PUD document does not clearly list them as permitted uses, staff is requesting direction from the Board of County Commissioners (BCC) as to whether or not staff can issue a zoning certificate to allow these uses while our client amends the PUD document to clarify that these uses are permitted uses. We have been advised to request a public petition before the BCC to discuss this matter and to obtain direction from the BCC for staff's benefit. Please schedule this for the next available BCC meeting which we understand is September 10, 2002. Set= Dy: Goo2/e~te,Colemen.&Johnson,PA 239 435 12'8; 08/27./2002 17:55; #710; Page 3/3 Jim Mudd, County Manager August 26, 2002 Page Two If you have any questions regarding this matter, please feel free to contact me. Very truly yours, Richard D, Yovanovich RDY:smc cc: Richard Keyser Jeff Bartos Joe Schmitt F :~DATA~,WPDATA~LITI C_.~ATE'~T~N~Iaple~ Lekes~-26-O2mudd.Wl~ EXECUTIVE SUMMARY VA-2002-AR-2691, DON CAHILL, OF DON CAHILL ARCHITECT/BUILDER, REPRESENTING WILLIAM AND JOANN RECKMEYER, REQUESTING VARIANCES IN THE PUD ZONING DISTRICT AS FOLLOWS: 1) FROM THE REQUIRED GULF FRONT YARD (PUD ORDINANCE 85-83) SETBACK THAT ALIGNS WITH THE STATE OF FLORIDA COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW (A) THE BALCONIES TO EXTEND A MAXIMUM OF 8 FEET WEST OF THE CCSL; (B) THE ROOF TO EXTEND A MAXIMUM OF EIGHT FEET FIVE INCHES WEST OF THE CCSL; (C) THE SHEAR WALL TO EXTEND A MAXIMUM OF TEN FEET FIVE INCHES WEST OF THE CCSL; AND 2) FROM THE REQUIRED TEN FOOT ACCESS DRIVE RIGHT-OF-V~/AY YARD SETBACK (PUD ORDINANCE 85-83) TO ALLOW: A BUILDING SETBACK OF EIGHT FEET, A VARIANCE OF 2 FEET, ON THE EAST SIDE ALONG DOMINICA LANE, FOR PROPERTY LOCATED AT 107 DOMINICA LANE, FURTHER DESCRIBED AS LOT 9, BLOCK C, LELY BAREFOOT BEACH UNIT 1, PLAT BOOK 12, PAGES 34-37, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained in a single-family neighborhood. CONSIDERATIONS: The applicant is requesting two variances seeking relief in the PUD zoning district as follows: 1) from the required Gulf Front Yard (PUD Ordinance 85-83) setback that aligns with the State of Florida Coastal Construction Setback Line (CCSL) to allow' (a) the balconies to extend a maximum of 8 feet west of the CCSL; (b) the roof to extend a maximum of eight feet five inches west of the CCSL; (c) the shear wall to extend a maximum often feet five inches west of the CCSL; and 2) from the required ten foot access drive right-of-way yard setback (PUD Ordinance 85-83) (a variance of 2 feet) to allow a building setback of eight feet, on the east side along Dominica Lane. Staffhas analyzed the purpose and intent of the PUD zoning district, and the standards for a variance in conjunction with the applicant's request, and provides that synopsis below. Section 3.4.4.E. of the Lely Barefoot Beach PUD Ordinance, regarding Gulf of Mexico setbacks for lots within the platted Lely Barefoot Beach Unit 1, of which the subject property is part, is quoted below: Gulf Front Yard: Trustees of the Internal Improvement Fund as a variance to the State Coastc No structure may extend gulfward of the line approved by the ~ ~etbac_k G:\Current\Deselem\Variances\Reckmeyer variances\Revised EXECUTIVE SUMMARY.doc Pa 1 0 2002 pg, I Line, approved by the Florida Department of Natural Resources (Governor and State CabineO on 12-17-74. The pLTD gulf yard setback distance requirement is synonymous with the Coastal Construction Setback Line (CCSL), by this section of the PUD Ordinance. The property owners sought and received a Coastal Construction Setback Line (CCSL) variance to allow the building's infringement into the Coastal Construction Setback, per the requirements of LDC Section 3.13.6. Nevertheless, that variance did not address the PUD specific "gulfward" setback requirement, thus the subject variance petition has been submitted to address that issue. The balconies on the proposed structure ~vill extend a maximum of 8 feet west of the CCSL; the roof will extend a maximum of eight feet five inches west of the CCSL; and the shear wall will extend a maximum of ten feet five inches west of the CCSL. The application also seeks relief for that portion of the proposed structure that will extend into the roadway setback. Section 3.4.4.B of Ordinance 85-83 is quoted below: Yards which abut an access drive right-of-way which extend westerly fi'om Lely Beach Boulevard: l O feet The proposed structure will be located eight feet from the property line, a variance of two feet. The applicant's agent is negotiating with the neighbors to find a variance amount that is acceptable to the neighbors. Therefore, the amount of variance may change. In any case, the variance xvilt be less than what has been advertised and reviewed by staff and the CCPC. The applicant's agent provided revised site plans to staff'on August 12, 2002, along with a letter to the neighboring property oxvner's attorney (copy attached). The letter seeks an opportunity to meet and discuss the revised site plans. The petitioner's agent may present revise the site plans based upon possible meetings with the neighbors and thus provide revised plans to the Board of County Commissioners. It is doubtful that staff will be afforded time to review any additional revisions, ho~vever, as long as the variance is diminished in nature, staff's recommendation will not change. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Gro~vth Management Plan. ENVIRONMENTAL ISSUES: The site is a platted lot. There are no unusual environmental issues associated with tl G:\Current\Deselem\Variances\Reckmeyer variances\Revised EXECUTIVE SUMMARY.doc Page is r)etitigll, ~r.,ENDA ~Tl~ 2 of 8 EP t 0 2002 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on July 18, 2002. The Commissioners heard the Staffpresentation and a presentation by the petitioner and his agents. Opposing testimony was given by several neighboring property oxvners and their agents. Mr. Richardson motioned to deny petition VA-2002- AR-2691 on the basis that the house was designed too big for the lot, it exceeded the boundaries in every dimension, it would not be in keeping with the LDC, it provided special treatment to the petitioner, there was opposition from the neighbors, it did not have any built-in hardship based on the land, and all eight conditions seem to militate against the petition, Mr. Adelstein seconded. The motion carried 5 for and 3 against, with Mr. Budd, Mr. Abemathy and Mr. Wolfley voting against the motion. PLANNING SERVICES STAFF RECOMMENDATION: There is a land-related hardship associated with this variance. The lot has limited road frontage which can create design and orientation issues. Staff has considered two ameliorating factors: the smaller lot size and limited road frontage, and the fact that the Board of County Commissioners approved the CCCL setback variance, which although a separate variance and a separate variance procedure, basically offers the owner the ability to construct to the same point on the lot. Planning Services staff considered the general guidelines for variance requests, and found that there were special conditions or circumstances; and the petitioner could be faced with a practical difficulty; and the conditions recommended by staff will ensure Growth Management Plan consistency. Because approval of the variance will not compromise or act to the detriment of the General Purpose of the LDC (Section 2.1.2), Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2691 to the BZA with a recommendation of approval with following conditions. G:\Current\Deselem~Variances\Reckmeyer variances\Revised EXECUTIVE SUMMARY.doc In the case of the destruction of the structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction; and SEP 1 0 2002 Pac ,'~ of 5 2. Construction must occur in compliance with the set of plans identified as "Partial set of architectural plans, pages 2-5 and 7-10, stamped Received June 13, 2002; and 3. This approval is subject to compliance with the conditions adopted by the Board of County Commissioners in conjunction with Resolution 01-394. G:\Current\Deselem\Variances\Reckmeyer variances\Revised EXECUTIVE SUMMARY.doc Pa AGENDA SEPt 0 20~2 .~"'4 of 5 PREPARED BY: / ~ LL,%. /'~, ,~.zzz,4_~.,~,'~/ KAY DF_,~LEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE ./SUSAN MURRAY. AICP 'N // CURRENT PLAN~Ii G MANAGER MARGARET ~TUERSTLE, AICP PLANNING SERVICES DIt~CTOR APPROVED BY: /J~SEPH K. S~HMITT / ( ,/~OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summary/VA-2002-AR-2691 G:\Current\Deselem\Variances\Reckmeyer variances\Revised EXECUTIVE SUMMARY.doc Page SEP 1 0 2002 John P. White Admitted Florida & Georgia Law Offices PARRISH, WHrrE, LAWHON & ADLER, P.A. Cambridge Square 3431 Pine Ridge Road, Suite 101 Naples, Florida 34109 Office 239 566-2013 Fax 239 566-9561 To: From: Date: Re: Ms. Kay Deslem Collier County Community Development Services 2800 North Horseshoe Drive Naples, FL ~ John P. Wl't~e_ ~_,.,"-/ August 9, 200-2--.--" Variance Petition - VA 2002 AR 2691 -- William Reckmeyer, Petitioner Enclosed is my letter dated August 7, 2002 and enclosures to Mr. Clay Brooker. The letter reflects our pending efforts to reach an acceptable resolution to the objections raised by the neighbors and interested parties at the Collier County Planning Commission public hearing on the above petition. The building elevation and foot print enclosures graphically show Proposals A & B which are identified in the letter. We respectfully request that you include the enclosed information with your agenda packages to the Commissioners as part of the meeting materials. Thanks. SEP I 0 2002 Pg. ~C, John P. Whit~ Admit'ted Florida & Georgia Law Offices PARRISH, WHITE, LAWHON & ADI_F.R, P.A. Cambridge Square 3431 Pine Ridge Road, Suite 101 Naples, Florida 34109 Office 239 566-2013 Fax 239 566-9561 August 7, 2002 Mr. Clay C. Brooker Young, vanAssenderp & Varnadoe P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Reckmeyer Residence Dear Clay: As you are aware, Bill Reckmeyer asked that I postpone his variance petition application before the Collier County Board of Commissioners until the September 10, 2002 commission meeting. Based upon the number of concerned parties and the intensity of those parties who voiced their objections at the recent planning commission meeting, we felt it important to step back and see if the concerns can be addressed and hopefully alleviated. The Reckmeyers have been somewhat overwhelmed with the turn of events associated with their new home construction. Filtering through the comments, the common perception appears to be that the Reckmeyers have been less than forthcoming with respect to their application submissions before the POA and the Collier County staff. The Reckmeyers believe the perception is a misunderstanding. Throughout the two-year application process culminating with the issuance of their building permit, the Reckmeyers methodically and mechanically completed each of the requirements necessary to obtain their approvals. They followed all of the suggested and required submissions referenced in the POA guidelines, including the filing of preliminary plans well in advance of the final plan submissions. The final building plans were prepared after a favorable vote by the POA on the Reckmeyer's preliminary plan submissions. Likewise, regarding the earlier CCSL variance approval by the Collier County Commission, the Reckmeyers did not pick and choose a variance process which included less stringent adjacent property notifications. They were simply and mechanically complying with the only variance application process disclosed to them by the County staff. Please remember that the Reckmeyers are part-time winter residents. They honestly and earnestly believed that the adjacent property owners and neighbors were receiving inputs through the POA reviews. For the past two annual seasonal times they have been in residence, they were totally unaware of any objections to their building plans. Based on the favorable reviews issued by the POA on the preliminary plan submission, the Reckmeyers prepared and submitted the final building and site plans to the POA. The building size and proposed extensions into the setbacks and CCSL incorporated into the final plans did not materially change from the apprc ~.d nr~,~;,-,';,~?.,EN~,Tfi~ .... plans, i~.~f~ t'~ SEP 1 0 2002 P:._~ -- Mr. Clay C. Brooker Page 2 August 7, 2002 Apparently the building and approval philosophy of the POA has significantly changed within the twelve-month period following the Reckmeyer's preliminary plan approval. After receiving the POA preliminary plan approval, the Reckmeyers expended the time and funds to prepare the final plans and specifications. Upon submitting the final plans in April of this year, the POA registered objections to the building size and extensions which were not raised or mentioned as part of the preliminary approvals. The Reckmeyers are painfully sensitive to the expressed perceptions that they have misled and manipulated the approval process. They do not believe such to be the case. They are simply attempting to build their long awaited Florida dream home. To the extent that such a perception has been created, the Reckmeyers extend the sincerest of apologies. Recognizing that perceptions are often more important than reality, and in the spirit of compromise and good neighbor relations, the Reckmeyers are very much interested in a compromise that will satisfy the concerns of their neighbors and the requirements of the POA. Attached are two compromise proposals, including descriptive elevation graphics for your client to consider. ' Your client has objected to the CCSL balcony extensions which diminish his northwesterly view of the gulf. Both proposals include significant reductions to the extension dimensions requested in the pending variance petition. Proposal B is a more aesthetic approach which includes an arc to the shear wall which actually curves both seaward (4 feet, I inch) of the CCSL, and landward (1 foot, 10 inches) of the CCSL. The maximum seaward extension occurs close to the roof area and extends the maximum 4 foot distance only at the apex point of the curve. The landward location of the curve actually increases your client's view. At your earliest convenience I would appreciate the opportunity to meet with you to explore these alternatives. JP /~..~Regards, ~hite William Reckmeyer via fax to 315 685-3513 RECKI~{EYER RESIDENCE SOUTH ELEVATION (PROPOSAL A) LESS VIEw FOR MR. LEWALLEN SEP 1 0 2002 "~ q.. _ pROPerTY LINE NORTHWEST ~ST & 2ND FLR 8ALCONY$ 25'-1D 5/D2' IST FLOOR PLAN (PROPOSAL A) LESS view FOR MR. LEWALLEN RECKMEYER RESIDENCE - CDASTAL C,3NSTRUCT~ON SETBACK LINE (CCSL) 7'-6' . fTBACK MAXIMUM AVAILA]~LE VIE'.' SLJNDECK SUNRDDM EXISTING BLDG --' 7'-6"--"J SETBACK SETBAD~ SEP 1 0 2002 .4% RECKMEYER RESIDENCE FOR PR. LEWALL£N I / SOUTH ELEVATION (PROPOSAL B) MORE VIEW FOR MR LEWALLEN 5£P 10 2OO2 ,,.~1 I RECKMEYER RESIDENCE F~L~SS ~AILING /NOrThWEST ~IGLASS RAILING /N~RTMWEST ~----IST FLR BALCONY 2'-9' NORTH ELEVATION (PROPOSAL MORE VIEW FOR MR LEWALLEN SEP 10 20O2 ,~_ i% . [3' ! 'l 2'-9' -1'-6° RECKMEYER RESIDENCE ADDITIONAL V~E FOR MR LEWALLEN NORTHWEST ~ST & 2ND FLR BALCONYS ~ALCONY$ EXTENDING BE'YONC CCSL\ ~ SOUTHWEST 1ST FLR: 1'-2" ·NORTHWEST !ST FLq:2'-g" ·NORTHWEST 2NO FLR:2'-9" 'CANNCT 8E SEEN BY MR L~ALLEN~ ~ ONLY 2-0' HiGH BALCONY EDGE ',~SIE'_E FRO~ 26'* AWAY :~_,~ :~'~ ~ .... 25'-1C 5/32' 1'-2 29/6a' F-Il 23/64'-- FLOOR PLAN (PROPOSAL ;4DP, E view FOR MR LEWALLEN SOUTHWEST 1ST FLOOR ~ALCONY · '-,KiTC ~ E r::,_. V-lO' wi SLFTI~ACK i S~--~GACK ~ COAST~ CON$~UCTION S~'I'BACK LiNE (CCSL~ --MAXIMUM VIEW IN PREP3SAL (A) EXPANDED .BY 38% 29/32' SUNRDON 2]TN 1ST L 2ND FLR NORTHWEST BALCONYS CANNCT BE SEEN FROM ANY P~iNT iN THE SUNR3DN SUNDECK EXISTING BLDG SEP1 0 2002 i MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FRO M: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: June 18, 2002 SUBJECT: PETITION VA-2002-AR-2691 AGENT/APPLICANT: AGENT: Don Cahill of Don Cahill Architect-Builder 708 110th Avenue, North Naples, FL 34108 APPLICANT: William G. & Joann Reckmeyer 141 Barefoot Circle Bonita Springs, FL 34134 REQUESTED ACTION: The applicant is requesting two variances seeking relief in the PUD zoning district as follows: 1) from the required Gulf Front Yard (PUD Ordinance 85-83) setback that aligns with the State of Florida Coastal Construction Setback Line (CCSL) to allow (a) the balconies to extend a maximum of 8 feet west of the CCSL; (b) the roof to extend a maximum of eight feet five inches west of the CCSL; (c) the shear wall to extend a maximum of ten feet five inches west of the CCSL; and 2) from the required ten foot access drive right-of-way yard setback (PUD Ordinance 85-83) (a variance of 2 feet) to allow a building setback of eight feet, on the east side along Dominica Lane. The Collier County Land Development Code (LDC) Section 2.2.20.1 sets forth the following in the Purpose and Intent of the PUD zoning district: · PUDs produced in provisions of this Code plan may depart from height, and minimum zoning districts ..... Petition VA-2001 -AR-201 $ compliance wi th the [LDC] and the growth the strict application lot requirements of CCPC Date: July 18, 2002 terms and management of seth. ~Jk, AGEJ~AIT~ conventi, ual~. ~ Page '1 ol ~ SEP 1 0 2002 ,,.. The Collier County LDC stated purpose of a variance is quoted below: 2. 7.5.1. Purpose. In specific cases, variance from the terms of this zoning code may be granted where said variance will not be contrat3, to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the zoning code would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. Staff has analyzed the purpose and intent, and the standards in conjunction with the applicant's request, and provides that synopsis below. The PUD zoning was approved for this home site as part of the overall PUD re-zoning for Lely Barefoot Beach PUD, in Ordinance Number 77-48. That PUD zoning has been amended numerous times since the original approval. Ordinance Number 85-83 is the most recent amendment to address the setback issues that are the subject of this variance petition. Section 3.4.4.E. of that Ordinance, regarding Gulf of Mexico setbacks for lots within the platted Lely Barefoot Beach Unit 1, of which the subject property is part, is quoted below: Gu/f Front Yard: No structure may extend gulfward of the line approved by the Trustees of the Internal Improvement Fund as a variance to the State Coastal Setback Line, approved b3' the Florida Department of Natural Resources (Governor and State Cabinet) on 12-17-74 The PUD gulf yard setback distance requirement is synonymous with the Coastal Construction Setback Line (CCSL), by this section of the PUD Ordinance. The property owners sought and received a Coastal Construction Setback Line (CCSL) variance to allow the building's infringement into the Coastal Construction Setback, per the requirements of LDC Section 3.13.6. Nevertheless, that variance did not address the PUD specific "gulfward" setback requirement, thus the subject variance petition has been submitted to address that issue. The balconies on the proposed structure will extend a maximum of 8 feet west of the CCSL; the roof will extend a maximum of eight feet five inches west of the CCSL; and the shear wall will extend a maximum often feet five inches west of the CCSL. The application also seeks relief for that portion of the proposed structure that will extend into the roadway setback. Section 3.4.4.B of Ordinance 85-83 is quoted below: Yards which abut an access drive right-of-way which extend westerly from Lely Beach Boulevard: lO feet The proposed structure will be located eight feet from the property line, a variance of two feet. GEOGRAPHIC LOCATION (See Attachment A)- The subject property is located at 107 Dominica Lane, further described as Lot 9, Block Petition VA-2001-AR-2015 CCPC Date: July 18, 2002 Page 2 o~ c, q , SEP 102002 Barefoot Beach Unit 1, Plat Book 12, Pages 34-37, as recorded in the public records of Collier County, Florida in Section 6, Township 48 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF REQUEST: The petitioners are requesting two variances to allow construction of a single-family home on Lot 9. The home that the petitioners want to construct would encroach into the required gulfward and roadway setbacks. A building permit was issued for the house, but the permit was put on hold when it was discovered that there were encroachment issues that needed to be resolved. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY, The site is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map. This land use category is designed to accommodate a variety of residential uses including single family, multi-family, duplex, mobile home and mixed-use projects. As previously noted, the subject petition seeks variances for a single family home that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the Future Land Use Map. The Gro~vth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. The Growth Management Plan does address coastal barriers and developed shorelines in the following objective: OBJECTIITE 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural fimctions of coastal barriers and affected beaches and dunes. That objective is to be implemented and met by adherence to the following policies: Policy 10.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 10.4. 7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would resu in no reasonable economic utilization of the property in questions, or for safe~ reasons. In such cases, construction will be as far landward as is practicable an Petition VA-2001-AR-2015 CCPC Date: July 18, 2002 Page 3 of 9 SEP I 0 2082 effecls shall be minimized on the beach and dune system and the natural functions of the coastal barrier system The CCCSL variance that was approved in Resolution No. 01-394 (See Attachment B) included conditions that ensure consistency with the GMP. Staff has included a condition as part of the approval recommendation for this PUD variance petition to require compliance with the conditions of Resolution No. 01-394. The requested variance is therefore consistent with this portion of the GMP. LAND USE AND ZONING (See Attachments C and D for larger Zoning Map and Aerial Photo): Subject: a cleared gulf-view lot fronting on Dominica Lane Surrounding: North- East - South - West - Beach Garden Area C, zoned PUD Dominica Lane and Lot #8, an undeveloped lot. zoned PUD a s;,ngle-family home. zoned PUD Gulf of Mexico BEACH GARDEN HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: AC.~.ND A tTE~ effect on infr~ struck.re, r'7 Approval of this variance request, as conditioned, will have no transportation or the environment. Petition VA-2001-AR-2015 CCPC Date: July 18, 2002 Page 4 of 9 SEP 102902 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The lot is bordered by the Gulf of Mexico and the Coastal Construction Setback limits construction along the Gulf. However, a Coastal Construction Setback Line variance has been granted to allow construction of this home. The Board of County Commissioners found that variance, as conditioned,, consistent with the GMP. Because the PUD variance along the gulf seeks virtually the same variance, staff finds that the conditions the Board of County Commissioners attached to CCSL are appropriate to adopt by reference to make this petition consistent with the GMP. The Beach Garden Area roadways are narrow dead-end streets that connect directly to Barefoot Beach Road. The roadways provide access to the homes located along the specific roadway; there are no interconnecting roadways. The subject property is at the western terminus of the subject roadway, Dominica Lane. There likely will be no negative impact upon the traveling public or any of the neighboring property owners if the roadway variance is approved. The structure on the only abutting developed lot, Lot #1 in Block D, is oriented toward the Beach Garden Area and away from the subject lot. The driveway and garage area will face the side of the proposed structure. Inspection of the photos included below indicate that the patio areas of the abutting home actually look away from the proposed structure and there are few windows on the abutting side. The stakes for the proposed structure are shown in the photos, as is the abutting structures building orientation. Petition VA-2001-AR.2015 CCPC Date: July 18, 2002 Page 5 o AGENDA I~l~i,'~ SEP 1 0 2OO2 'i The structure's comer for the majority Gulf-ward variance abuts the Beach Garden area. Thus it appears that the impact of this variance's approval on the other homeowners of the area would be negligible. The proposed structure is surrounded by structures designed for the same use that have the same zoning, however, the nearby homes do not appear to be of a similar type and construction, based upon the pictures of the model home (See Attachment E for photographs of the model home). The fact that the structures are not visually similar does not affect the variance or the appropriateness of the use. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the proper~, which is the subject of the variance request? Yes. The lots within this subdivision are configured around the Beach Garden areas (See Attachment A). The lots along Barefoot Beach Boulevard are amply sized lots. As the lots arc away from Barefoot Beach Boulevard and angle around toward the gulf, they become much smaller. The subject lot is located at the end of the roadway, at the far end of the angle thus it is a smaller lot. The lot is platted with only a small portion of the lot along the roadway, thus roadway access and driveway/garage access can present a design and orientation issue for a home. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The hardship offered by the applicants is limited to a financial hardship. Hardships should relate to the land or structure or unique and unusual circumstances related to the land or structure. Financial issues are given relatively little weight in the analysis of the variance's appropriateness. However, the petitioner's could be faced with a "practical difficulty" (LDC Section 2.7.5.1) if the variance is not approved and the home has to redesigned. CCPC Date: July 18, 2002 Page 6 o£ Petition VA-2001-AR-2015 SEP 102002 do Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The applicants have not demonstrated that this variance is the minimum variance. The house could be redesigned to comply with the setback requirements. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, granting of this variance will allow the petitioners to have a home located closer to the Gulf and to the roadway than what is enjoyed by the neighboring lots within that portion of the PUD zoning district. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Approval of this variance will not compromise or act to the detriment of the General Purpose and of the Land Development Code [LDC Section 2.1.2] which states that the general purpose of the LDC is: "... to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the residents of the county". Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. This home is situated on the Gulf of Mexico at the western terminus of a dead end street, adjacent to an undeveloped common area on the north side. Will granting the variance be consistent with the Growth Management Plan? Yes, as conditioned. As previously stated, conditions of the CCSL variance will be incorporated by reference. Those conditions ensure consistency with Objective 10 and the ensuring policies of the GMP. EAC RECOMMENDATION. Petition VA-2001-AR-2015 None. The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with this variance petition, and finds that there are special conditions and circumstances that make approval of the variance an appropriate action~ ii[ the conditions recommended by staff are incorporated into the approval. Therefore,! Pla ~.~~, CCPC Date: July 18, 2002 Page 7 of SEP 1 0 Services staff recommends that the CCPC forward Petition VA-2002-AR-2691 to the BZA with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variances with the following conditions: In the case of the destruction of the structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction; and Construction must occur in compliance with the set of plans identified as "Partial set of architectural plans, pages 2-5 and 7-10, stamped Received June 13, 2002. A reduced copy of which is attached hereto; and This approval is subject to compliance with the conditions adopted by the Board of County Commissioners in conjunction with Resolution Number 01-394. A copy of which is attached hereto. Petition VA-2001-AR-2015 CCPC Date: July 18, 2002 Page SEP I 0 2002 PREPARED BY: K~ESELEM, AICP PR/NCIPAL PLANNER DATE REVIEWED BY: SAN MURRAY, AICP ~ INTERIM DIRECTOR, PLANNING SERVICES DEPARTMENT APPROVED BY: TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the July 18, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the September 10, 2002 Board of County Commissioners Meeting Attachments: A. Location/Site Map B. Copy of Resolution No. 01-394 C. Copy of Zoning Map D. Copy of Aerial Photo E. Photographs of the model home F. Partial set of architectural plans, pages 2-5 and 7-10, stamped "Rec ,i,,,~a T,ne 13, 2002" ~c.o~ rrY~ cc~c o.te: ~u,y ~, ~oo~ ~a~e ~ ~SEP I 0 21102 Petition VA-2001-AR-2015 I 11'~ Ii ~ ' i ~~~~~ ~ ,.~,~, I RESOLUTION NO. 01- 3 9 4 RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2001-2, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, LOCATED AT LOT 9, BLOCK C, UNIT I, LELY BAREFOOT BEACH, SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Don Cahill, with Coquina Enterprises Inc., representing William (3. Reckmeyer; requests a variance from the Coastal Construction Setback Line (CCSL) as required by the Collier County Ordinance 91-102, Division 3.13, as amended, to allow construction of a single family residence with approximately ten foot o/' overhang seaward of the CCSL (Exhibit A); and WHEREAS, the subject properly is a single family lot located on the weat end of Dominica Lane, within the Lely Barefoot Beach Planned Unit D~,elopment4 and WHEREAS, the proposed overhanging stmcmm will extend al~roximately 10 feet seaward of the adopted CCSL and platted Coastal Development Limit Line; and WHEREAS, the petition is consistent with the Collier County Land Develobment Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSD-2001-2 be approved, subject to the following conditions: 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. Copies of this permit must be provided to County staff; prior to issuance ora Collier County building permit. 2o 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 I - October 31, sea turtle nesting season, without first submitting and obtaining all necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Peamits. The petitioner shall notify Planning Servic~ 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. The petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line, or platted Coastal Development Limit Line. The petitioner shall re-vegetate the dune where the dune is devoid of coasta~ dune vegetation. A planting plan shall be approved by Planning Sea'vi vegetation shall be completed, prior to the issuance ofa Certifica Attachment B ; of (~{~t.upancy.q t'¥ SEP 1 0 2002 The petitioner shall remove all exotic vegetation from the subject property in accordance wi~ Subsection 3.9.6.6 of the Collier County Land Development Code. 8. Minor revisions to Coastal Construction Setback Line Variance CC81~2001-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services D/rector or his/h~ designee. Be it Resolved tha~ this Resolution, r~lating to Petition Number 2001-2, be recorded in the minutea of this Board. This Resolution adopted after motion, second and majority vote favoring same. Done this ~ day of ~ ,2001. ATTEST: BOARD OF CO~ COlVl]VffSSIONBRS COLLIER COUNTY, FLORIDA BY:/AMBS~~TER, Ph.D., Chairman j~ .W'~ ~ ~H~...E. BROCK, Clerk .- ,..,:...",.<.,~ '.., 4','.."k, .... .. - [~; ',. ..J.- .} , ~ .... Sufficicnc~ Marj-ori ~/i~,I. Smd&/ Assistant County A~omey SEP 0 2O02 zL~ N L.~ 0 __/ Z.._J NbJ Obi ~ p,,.d -~.-, Attachm~ SOUTH Attachment E 2002 NORTH 2002 ! ! Atta~ SEP 1 ~ 2002 I ,I I SEP 1 0 20112 j SEP 1 0 2OO2 Ii SEP 1 0 2002 AGENDA ITEM ~ SEP 1 O 2002 i SEP 1 0 2002 VARIANCE PETITION (VARIANCE FROM SETBACK (S) R.EQUIRED FOR A PARTICULAR ZONING DISTR.ICr) Petition No. Commission District: Date Petition Received: Planner Assigned: VA-2002-AR-2691 PROJECT #2002060019 'DATE: 6/12/02 KAY DESELEM ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: William G. Petitioner's Address:1 41 and Joann ReckmeYer Barefoot Circle, Bonita Springs, Florida 34134 Telephone: ( 239 ) 992-2292 Agent's Name: Agent's Address: Don Cahill of Don Cahill Architect-Builder 708 110th Avenue, North ,Naples, Florida 34108 Telephone: ( 239 ) 597-6266 Application for Variance Petition - 8/98 Page I f8 SEP 1 0 2092 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name ofHomeownerAssociafion: Barefoot Beach Property Owners Association Mailing Address #1 Barefoot Beach BlvdCityBonita Spr~tateFL Zip34134 Name of Home6wner Association: Mailing Address Name of Homeowner Association: City State Zip Mailing Address City State __ Zip. Name of Master Association' N/A Mailing Address City Name of Civic Association: Mailing Address N/A State Zip City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Lely Barefoot Beac~nit 1- Lot (s) 9 Block (s) c Section 6 Twp. 485 Range 25~ Property I.D. # ooooo~aT~ ~annna Metes & Bounds Description: N/A Application for Variance Petition - 8/98 Page 2 of ~ 4 [., ITEM I0 Address ofSubjectProperty: 107 Dominica Lane~ Bonita Springs: Ft. 34134 (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: PUD (Single Family Residential ) Adjacent Zoning & Land Use: ZONING LAND USE ~ PHD ~*ion VII & VIII 'S pHn W-NTA Single Family Residential Gulf of Mexico E PUD Single Family Residential Minimum Yard Requirements for Subject Property: Front: 7 1/2 ~ & 10 ft CornerLot: Yes [-] No [~ ~_ Side: 7 l/_9 ft Waterfront Lot: No [2 Re~: 0 (meach C, arden) West 0 (Coastal construction limit line) Application for Variance Petition - 8/98 SF_.tl O 2002 'of~.., ~F2_ I Nature of Petition Provide a detailed explanation of thc request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce fi'ont setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building pe,uit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Property owner purchased the property in 1999 This variance petition consists of 3 parts: .I) The petitioner requests a variance to allow certain elements of the building to extend westerly over and seaward of the Coastal Construction Setback Line by a maximum of approximately 10 feet. These extensions would be over the petitioner's own private property. The very same request, in the form ofa CCSL variance, was approved by the Collier County Planning Commission in September, 2001 after a public hearing and was again approved by the Board of County Commissioners on October 9, 2001 after apother public hearing. This is the first time that the County has required a variance that is virtually the same as a previously approved variance. The Florida State Department of Environmental Protection has also approved the project. Collier County issued Building Permit No. 2002022617 for this project on May 22, 2002. _ ~_~- 2) The petitioner requests a variance to allow 2 balconies to exter{d northerly over and above the 0 setback line on the north and into a common area owned by 6 other people by a maximum of 18 inches and to allow a roof to extend over and above the same~line by a maximum of 3 feet. Overhangs into the common space are typical in Barefoot Beach to prevent characterless boxes from being designed. Furthermore the sites are so small that overhangs are the only way to provide adequate floor space. 3) The petitioner requests a variance to allow the building to cantilever 2 fee~ over a 10 foot setback on the east side, similar to an 11 foot wide bay window. _ In all 3 parts of this petition the footprint of the proposed building remains within all setbacks. Application for Variance Petition - 8/98 Pa~,e 4 of~, SEP 1 0 2002 · Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (l-g). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which arc peculiar to the location, size and characteristics of the land, structure, or building involved. The special conditions and circumstances that are peculiar to the location of the land and structure thereon are: (a) This project has already received a Coastal Construction Setback Line variance approval for extensions over, above, and seaward of the CCSL of approximately 10 feet after public hearings by both the Planning Commission and the Board of County Commissioners and this is the first time in history that the County has required overlapping almost redundant variances for the same thing. Florida's Department of Environmental issued Building Permit No 2002022617 for the project. (b) Overhangs into the common beach garden areas are extremely commonplace throughout Barefoot Beach and have not required variances. The Property Owner Association's Architectural Review Commiitffe. (ARC) has already thoroughly reviewed the project for fairness and compliance to the community's rules. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. A site condition that creates a significant hardship and that does not result from the action of the applicant is the extremely small area of the site. Due to the Coastal Construction Setback Line, the 10 foot east setback line and the 7'-6" south and east setback lines, th"e build-able area of the property is very small.-The primary side of the building faces the Gulf to the west. Due to this western orientation of the building and this subtropical area, sun control becomes extremely important. Sun control is essential for making the building habitable. This variance application seeks to change the dimension that is allowed in the County's Land Development Code for overhangs from 3 feet to approximately I0 feet. Such a change would exactly match the previously approved CCSL Variance for the same thing. This request would allow the building to have a substantial roof overhang for sun control as well as allowing sun control from lower balconies. Page AGEI,4DA ITEM ~\ SEP O 2002 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties On the applicant. A literal interpretation of the provisions of this zoning code will work unnecessary and undue hardship on the applicant because of the enormous expense I have incurred for structural and architectural design fees. Based on the County's repeated assurances over the last 8 months that the County would require no more approvals, I went forward and had the building completely designed resulting in more than 44 large drawings that were required by the County for the issuance of Building Permit No. 2002022617. Denial of this petition would force me to have the building completely redesigned thereby doubling the already extremely expensive design fees. Furthermore, denial of this petition would force me to reapply to the County and the State that would result in delaying construction for possibly more than a 3'ear. The lost construction time would amount to a serious increase in construction cost. Will the variance, if granted, be the minimum variance that will make possible the reasonable_use of the land, building or structure and which promote standards of health, safety or welfare. If the variance is granted, it would be the minimum variance that will make possible the reasonable use of the land and building. The sun control that the variance would provide will promote the welfare of the building's occupants and it will also make a significant contribution to the saving of valuable energy. Application for Varinnce Petition - 8/98 Page 5 B- ¢ SEP 1 0 2002 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. The granting of the requested variance will not confer on the petitioner any special privilege that is denied by these zoning regulations. This question has obviously been considered many times by both the County in several venues, by the State, and by the local neighborhood Architectural Review Committee. Other homes in the neighborhood have also been allowed to build extension elements over setback lines including extensions over the Coastal Construction Setback Line. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The granting of the variance will be in harmony with the intent and purpose of this zoning code md will not be injurious to the neighborhood. The neighborhood, by the' Architectural Review Committee, has already thoroughly reviewed the proposed pi'oject with the requested extensions and has given it their approval. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. ~ The natural condition that ameliorate, i.e. improve the goals of the regulation is the sand dune along the beach which is located 50 feet to the west of the Coastal Construction Setback Line. The extensions requested in this variance will have no affect on this natural condition. 8. Will granting the variance be consistent with the growth management plan. The granting of the variance is definitely consistent with the County's Growth - Management Plan. Barbara Burgeson, the County's Senior Environmental Specialist, has written a letter on September 6, 2001 that confirms the project's consistency. The unanimously approved CCSL Variance by the County's Board of Commissioners on October 9, 2001 further verifies consistency (see attachments). Application for Variance Petition - 8/98 Page 6 o~ VARIANCE PETITION. APPLICATION SUBMI~FAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! a) Ali property boundaries & dimensions b) Ali existing and proposed structures (labeled as such) c) North arr~ow, date and scale of drawing d) Required setbacks & proposed setbacks REQUIREMENTS 1. Completed Application 2. Completed Owner/Agent Affidavit, Notarized 3. Pre-application notes/minutes 4. Survey of property, showing the encroachment (measured in ~'eet) 5. Site Plan depicting the following: 6. Location map depicting major streets in area for reference Pre-Application fee, Applicaton fee and Data Conversion fee, checks shall be made payable to Collier County Board._ of Commissioners 8. Other Requirements- # OF COPIES 15 1 15 1 15 REQUIRED As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may _ result in the delay of processing of this petition. Date Application for Variance Petition - 8/98 Page 7 of i- AC, EI~)A SEP 1 0 2002 A FFID~4 VIT We~, William G. & Joann Reckmever being.first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/7 understand that the information requested on this application must be complete and 'accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Don Cahill as our/my representative in any matters regarding this Pe~tion. to act ~i~t~'ffP~f JSr~{per~y ' Owne1 William G. Reckmeyer Typed or Printed Name of Owner ~ i g~Ur~j; ProperO~ Owner Joann Reckmeyer Typed or Printed Name of Owner The foregoing instrument was acknowledg,,ed, b.ef. ore me this ~ 5ff4. day of . Jt~ xJ E ~ r. ~ ts ersonalI known to me)or has produced - ~'~ identification State of Florida County of Collie~.....,..-.~--- ..... ------- Application for Variance Petition - 8/98 (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commis~ Name of Notary Public) Page 8 of 8 ione~~ SEP 1 0 L~02 ADDRESSlNG CHECKLIST Please complete the following anti submit to the Addressing Section for Review. every proiect. Items in bold type are required. Not all items will apply to 1. Legal description of subject property or properties (copy of lengthy description may be attached) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 0oooo $ 5 4-. ooo 3. Street address or addresses (as applicable, if already assigned) o Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (N'EEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) _ ..ffc K_t, Ne-'f e e, 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) 10. SDP - Petition Type - (Complete a separate Addressing Checklist for each Petition Type) SDP (Site Development Plan) SDPA (SDP Amendment) [--} SDPI (SDP Insubstantial Change) 1--] SIP (Site Improvement Plan) [] SIPA (SIP Amendment) [] SNR (Street Name Change) [--'} Vegetation/Exotic CVeg. Removal Permits) [~Land Use Petition (V~a_riance, Conditional Use, Boat Dock Ext., Rezone, PL/~ rezone, etc.) r-} Other - Describe: F-] PPL (Plans & Plat Review) [--] PSP (preliminary Subdivision Plat) [] FP (Final Plat) - F--] LLA (Lot Line Adjustment) [--1 BL (Blasting Permit) [-] ROW CRight-of-Way Permit) ['-] EXP (Excavation Permit) F-'l VRSFP (Veg. Removal & Site Fill Permit) Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: ['-] Checklist is to be Faxed Back F"l Personally Picked Up 12. Applicant Name l~or,~ CA, ii, iCL ,kg. cox ~,<Phone ~')q7- t_t,Zf_og Fax ~'q'7- I3. Signature on AddreSSing Checklist does not constitut?~roject and/or Street Name approval'and is subject to further review by the Addressing Section. FOR STAFF USE ONLY 1 ...... ~ddress Number ~.ddress Number Nddress Nu/nber Approved b~~~,t~Date ~ - 1 .evised 3-2 I-01 SEP 1 0 2002- June 15, 2002 Ms. Kay DeSelem, AICP Principal Planner Planning Services Department Community Development & Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 JUN 9 2002 Re: Testimony in Favor of the Reckmeyer Variance # VA-2002-AR-2691 Dear Ms. DeSelem, We are seeking the Planning Staff's Approval and support for the following reasons. Fourteen (14) months ago I made a variance application for extensions over, above and seaward of the Coastal Construction Setback Line (CCSL). From application date of April 11, 2001 until the variance approval' date of October 9, 2001, this very same project was thoroughly reviewed by the Planning Services Department. The result of this lengthy six- month review was that the Planning Staffreconmaended approval. This conclusion is well documented in a September 6, 2001 letter written by Ms. Barbara S. Burgeson, Senior Environmental Specialist for Collier County's Planning Department (see attached copy). In the letter she states that the project "...has been reviewed for ...compliance with local setback requirements, zoning and building codes .... As submitted, the project is in compliance with the County's setba6k and zoning requirements .... Staff is recommending approval and finds no reason by County Code or Growth Management Plan policy to expect that the BBC would not approve this Since you are a member of the same Staffto which MS. Burgeson refers, since you are governed by the same roles as those in effect during the prior review, and since the project has not changed from April 11, 2001 to date, your approval can be the only cre&'ble conclusion to Part No. 1 of the petition Please note that the Property Owners Association's Architectural Review Board (ARC) has the mandate to represent and follow their own PUD requirements for the good of the entire community. The ARC approved the project on both January 17, 2001 and again on May 20, 2002. PART 2 of the petition relates to overhangs into the POA owned common spaces. Don CahiI1 who is the architectural consultant to the POA for many years, did a survey of overhangs on existing homes in Barefoot Beach. Of the 35 homes that he had plans for a full 46% of them have overhangs beyond the beach garden property line. An expanded study of all buildings in Barefoot Beach would probably produce a similar figure. The SEP 1 O 2002 ARC, representing the POA, carefully looked at thi~q overhang issue and granted me approval for 18 inches for the 2 balconies and 36 inches for the roof. To deny this aspect of the variance would amount to selective enforcement ora nde that is of course illegal. PART 3 of the petition relates to a 2 foot overhang over the eastern 10 foot setback line. The 10' setback line is 2'-6" more than the typical 7'-6" side yard setback. The ARC had absolutely no problem with this overhang bemuse of it being at the end ora street where the 10' setback itself accomplishes nothing more than what the typical 7'-6" setback already accomplishes. Bay windows are allowed to project 2' into a setback area. Instead of debating the definition of bay window, Mr. Joe Schmitt, Administrator, Community Development wanted us to include this 2' overhang as part of the variance. Please note that both Don Cahill and myself are architects and as such we are still flexa'ble with the design. We request interaction with you to assure that we receive Planning Staff approval. Sincerely, Wi/I/am G. Reckmeyer ~ CC.' Dr. James D. Carter, Commissioner Joseph K Schmitt, Administrator, Community Development Tony Lawhorz, Attorney John P. White, Attorney Don Cahill, Architect SEP 10 2002 ,_'P'i COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVI'R_O~~ September 6, 2001 PLANNING SERVICES DEPARTMENT Don Cahill 2800 NORTH HORSESHOE DRIVE 708 110z Ave. North NAPLES, FL 34104 Naples, Florida 34108 Reckmeyer Residence, Lot 9, Block C, Unit 1 Lely Barefoot Beach, Collier County, Florida CD-200 I-7 Dear Mr. Cahill: The project identified above has been reviewed for consistency with the Growth Management Plan and compliance with local setback requirements, zoning and building codes. The following information is provided to assist in the review,process of the Coastal Construction Control Line application flied with the Florida Department of Environmental Protection. A. Consistency with the Future Land Us Element The subject property is located within the Urban Designated Area that permits residential, commercial, industrial and other non-residential uses prOvided certain criteria are met. Proposed residential development is permitted within the Urban Area at a base density of four dwelling units per gross acre. The density of proposed residential developrffent is further limited to as low as two units per gross acre for those properties located within the Coastal Management and Traffic Congestion boundaries. The subject property is located within both the Coastal Management and Traffic Congestion boundaries, which reduces the permitted density to two (2) dwelling units per acre. However, Policy 5.9 of the Future Land Use Element (FLUE) prOvides that properties, which do not conform to the density requirements of the FLUE but are improved through the Zoning Re- evaluation Program (ZRO) described in Policy 3.1K, shah be considered consistent with the FLUE. B. Consistency with the Conservation and Coastal Management Element Policy 11.4.7 of the Conservation and Coastal Management Element of the Growth Management Plan restricts construction of all structures seaward of the Coastal Construction Control Line (CCCL), as established by the Florida Coastal Zone Protection Act of 1985. The CCCL included in the Collier County Growth Management Plan is that which was established in 1974; is referred to as the Coastal Construction Setback Line (CCSL) by Collier PHONE (941) 403-2400 SEP 1 0 2002 FAX (941) 643-6968 wv CD-2001-7 Page 2 County. Lely Barefoot Beach PUD established a Coastal Development Limit Line (CDLL) which will be the line used for this consistency determination. Staff's review of the subject property and the request found the construction as proposed to have minor alterations beyond the County CDLL. The improvements include cantilevering of the above ground floors and the structural wall of the home going seaward of the CDLL. It cannot be found consistent with Policy 11.4.7 and, in mm, with the Consen, ation and Coastal Management Element, until the Board of County Commissioners approves the CCSL vaxiance petition, is schecruled before them on October 9, 2001. Staffis recommending approval and · finds no reason by County Code or Growth Management Plan policy to expect that the BCC would not approve thks variance. Staff expects this petition to be brought to the BCC on their summary agenda in September, which would not require the petitioner to be present at the meeting, and would not include discussion of the item. C. Consistency with local zoning, setback, and.building codes As submitted, the project is in compliance with the County's setback and zoning requirements. The property cannot be found in compliance with the County's Building Codes until building permit applications are submitted and approved. Such approvals are a routine mater once the appropriate construction drawings are submitted and found to meet the requirements of the County's adopted building codes. The above comments indicate that CD-2001-7 is consistent with therCollier County Growth Management Plan, contingent upon approval of CCSL variance 2001-7, by the Board of County Commissioners. IfI can be of further assistance, please call me at 941-403-2400. Sincerely, Barbara S. Burgeson Sr. Environmental Specialist cc: File CD-2001-7 FDEP, Tallahassee ~E/~A ITEO. t SEP I 0 2002 'i i ~1~.Il i I 1 SEP 1 0 2002 ,~. 5-5 J ii :' ~ · SEP 1 0 2002 SEP 1 0 2~2 ti : AGENDA SEP 10 20O2 i SEP 1~ ~002 p~,. ~"'C'7 ,I i SEP 1 0 2002 ~,~. ~ SF_P lO 2092 Conditions for William G. ~ ]oann Reckmeyer Petition # VA-2002-AR-22691 In the case of the destruction of the structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction; and Construction must occur in compliance with the set of plans identified as "Partial set ofarckitectural plans, pages 2-5 and 7-10, stamped Received June 13, 2002; and This approval is subject to compliance with the conditions adopted by the Board of County Commissioners in conjunction with Resolution 01-394. 6/21/02 EXHIBIT B L G:\Current\Deselem\Variances\Reckmeyer variances\Conditions for Reckmeyer resolution.doc SEP 1 0 2002 ~ ,6._6,?._ 110 St. Eustacius Lane Bonita Springs, Fl. 34134 June 25~,2002 Collier County Government Planning Services Dept. 2800 N. Horseshoe Dr. Naples, FL 34104 I am writing thi.~ letter in response to your letter dated June 18, 2002. I am president of the Barefoot Beach Poa One and set on the Architectural Review Committee. The request for a vari~ce for a home for Mr. Reckmeyers should be should be turned down for the following reasons. The homes with a 7.5-foot setback on each side is hardly enough separation between homes. There is a real safety hazard here as fire would jump between houses and there would be little room to fight a fire. The I Off. setback on the road was most likely put there so fire and safety equipment would have room to park and turn around if necessary. There have been a lot of mi~akes make in this community and the board of directors has been hard at work trying to correct them We were informed by Mr. Reclcmeyer that he had a variance with approval for an encroachment into the CCSL. of lOft. He agreed to only go 36"and the ARC reluctantly agreed based on the county approval, however we have installed rules against it in the future. I really don't understand his request for a new variance unless the first was not really approved. His neighbors strongly oppose him being able to build into the CCSL area as it will affect there views. I am afraid that ifthi~ is approved it would set a precedent that we don't want for our co~. Last but not least we have been in a struggle to retain a little sod between our homes and the dunes and am afi~d that ifthi~ variance is allowed it will send a wrong message to our community. Please turn the request for a variance down and in the future please don't allow encroachments in to any setback areas in Barefoot Beach POA ONE community. Resp~ yours, President Barefoot Beach POA ONE SEP I 0 2002 6,.5 bent by: YVVA; Phi] L~,'~II~ 239 597 1060; Ju1-1-02 10:01 Page 2/3 Jun, 21~ 2B92 lad:44P~ ~ 110 ,S(. ~ i,amo ,. ~ae coakr c~~ ~ i~s& POA O~E SEP I 0 2002 DON CAHILL Architect · Builder July 9, 2002 Collier County Government Community Development & Environmental Services Division - Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Attn: Kay Deslem, AICP Principal Planner Re: Petition VA-2002-AR-2691 Dear Kay: Mr. Reckmeyer's letter to the nei§hbors has yielded a number of positive responses to his variance petition. Attached are the ones I have which cover many of the residents within the 150 feet. For your convenience I placed these names on your aerial photo - Attachment D of your Staff Report. I believe Bill Reckmeyer may have a positive response in his possession from the Dolans' Lot C 1 and the Christs' Lot C 4 but is out of town now. Thank you for your attention. Your Staff Report was a thing of beauty - very impressive. Sincerely, Don Cahill AIA SEP 10 2002 June 14, 2002 Beach Garden C, Lot 3 104 Curacao Lane Bonita Springs, FL 34134 Please be advised that it is our intent to make application to Collier Coumy for a variance from the tequimmems of the zoning regulatiom as they apply to the following propert3c. On the descn"oed property, our intent is to ask the County to allow us to do the following: (1) W'tth the footprint of the building on the Coastal Construction Setback Line (CCSL), to extend above and seaward of the C_,~L a roof($'), a curved verficad shear wall (as it rises vertical, from a 0" ovea/mng at the ground to 10'-5" at only the very top), and the followlnE curved halconi~: 1' floor southwest, 4'-6"; 1a floor northwest, 7'-10"; 2'~ floor, 6" to 7'-10"; 3a floor somhwest, 4'; 3~ floor northwem, 6'. All of these balconies are curved and all of the above much smaller. (2) V~th the foottnint of the bm3ding on the property line of the co,~-,only owned property called Beach Garden C, to extend a roof 36 inches and two Imlco~ 18 (3) W'ah the footprint of the building on the easterly 10' setback line, to overhang a section, or bay, of the upper building 24 inches into the setback area. In order to provide you with an opportunity to become ~ aware of our intention and the reasons for the County requiring a second variam~ we wffi be contacting you directly in the next few days or you may choose to telephone our architect, Don Cah~ (239-597- 6266) or us (315-476-7400) for further information_ Please be advised that we are interested in assurlnE you that our request will not adversely affect your property interests. W'dliam G. cc: Petition # VA-2002-AR-2691 FL 34134 SEP 1 0 2002 ~E O2 04: 12~ BRECKMEYER I 23~9922292 June 16, 2002 Mr. and Mrs. Richard Dolan 108 Curacao Lone Bonita Springs, FL 34134 D~r Neighbor, As you know we are tryin8 to build a house on Beach Garden C, Lo! 9. You have recently received a letter whose content was dicta'~efl by the County. We felt that this short letter might be helpful to clarify the siluation- TI~ building win have ~me overhangs: (1) 2' on the east, (2) 15" balcony and 3' roof on tt~ north, and (3) a vm'iety on the ,~-sl over and above the Coastai Construction Control T.ine (CCSL). Barefoot Bea~'s Architectural Review Committee has given us approvals both on January 17, 2001 and on May 20, 2002. For the west side, we m,~te a variance applica~n with the coun~ on A~u'l 11, 2001. After proper ad~l and a public hearing in from of the Coumy Comm~ners on October 9, we received approval of the variance. Subsequently the State also approved the project. The Count~ assured us that no morz appro~ais wer~ ne~.ssm~ except for th~ Building PermiL We received the County approval in the form of an issued Building P~nit on May 22, 2002. On May 23, 2002 the County stopped consltuc~.ion aa a result of an objection by our neighbor, Mr. Lewallen who asserts that his view will be removed from out of the north window ofh/s borne as a res~ of the variance. His attorney contends tha~ a second vazianc, e is required. Our attorney disagrees. We recently met with Mr. Lcwallcn's attorney to show him tl~ the building's clcsigu, as a result of the ~ rccluccs .Mr. Lewallen's view by only 4" as vim,ccd 32' army and even thai could be removed. In f~et, as an architect, I was very careful to _,~_ ~bHms the sighflh~ from within his home and lo carefuI~ design the building so that it would not obstruct his ~ as s result of the variauoe. Mr. ~ has for many yems enjoyed the privacy crcaled by being st,u'rotu:~led by 3 vacani lots. I can do llothing aboh-t diminished privacy he will have as a result of any buglding being next to Nm, but I have diligently tried to protect his privacy, even offering to retain the landscapi~ he planted on our bt The reason the variance is impo~ nant m us is that it w~l allow us to confine the home on only one lot Lo! 9. Therefore, this w~l allow us to create a garden on our adjaeem Lot g for all of us to enjoy. If you are so inclined,. A PROMPT RESPONSE FROM YOU would be very helpful to us in getting this problem resolved with the County. Please return the enclosed note with your signature, date, and Bonita Springs address ha the enclosed envelope so that we can get on with becoming a good neighbor. THANK YOU! Sincerely your future neighbors, .lodi and Bill Reckmeyer SEP 0 200?. To: Kay Deselem, Principal Plmm~, Collier Coumy Government Mr. ~oseph K. Schmitt~ Adminislrator, Co~-r County Conmmni~y Development Re: Reckmeym' Variame # VA-2002-AR-2691 We nre hend~ in fmmr ofthe ~ as ~ in iett____,~s dated june 14 nnd June 16, 2002 from W'fllinm G. and $oP. nn Reckmeyer. Mr. Joseph lC Schmitt, Administrator, Collier County Community Development Dr. James D. Carter, Collier County Commissioner To: Re: Rechneyer Variance # VA-2002-AR-2691 We are hereby in favor of the residenc~ as descn'bed in letters dated June 14 and June 16, 2002 fi'om William G. and JoA~n R. ec ~-r~. Names Printed: ~.~c/'t<.~ ~'~ Bonita Springs Address: /~ ~' Beach Garden: Lot No.: ~.~ To: Kay Deselem, ~ Planner, Collier County Govermnent Mr. Joseph IC 8chmi~ Ad~, Collier County Cotmmmily Deve]opme~ Re: Rec. kn~er Vm'iame # VA-2002-AR-2691 We 81'~ ' hereby in flrvor o£the ~ ns descrt-lx~ in letters dated June 14 and June 16, 2002 fi'om W'flliam G. and JoAnn/R~c~~ Names Printed: Bonita Springs Address: Beach Crarden: C Lot No.' C ..~ SEP 1 0 2002 Date: To: Kay Des~lem, Principal Planner, Collier County Government Mr. Joseph IL $chmitt, Administrator, Collier County Community Developmem Dr. James D. Carter, Collier County Commissioner Re: Recloncyer Variance # VA-2002-AR-2691 We are hereby in favor of the residence as described in letters d~ted June 14 and June 16, 2002 from WiJliam O. and JoAnn Reekmeyer. Bonita Springs Beach Garden: Lot No.: Date: To.' Kay Deselem, Principal Planner, Collier County Government Mr. Joseph IC Schmitt, Administrator, Collier County Community Development Dr. James D. Carter, Collier County Commissioner Re: Reckmeyer Variance # VA-2002-AR-2691 We are hereby in favor of the residence as described in letters dated June 14 and June 16, 2002 fi.om William G. and JoAnn Reckmeyer. Signed: Names Printed: /~. D3,lo~ Bonita Springs Address: Beach Garden: Lot No.: ~ To: Kay Deselem, Principal Planner, Collier CoUnty Government Mr. Joseph K. Schmitt, Administrator, Collier County Community Development Dr. James D. Carter, Collier County Commissioner Re: Reckmeyer Variance # VA-2002-AR-2691 We are hereby in favor of the residence as described in letters dated June 14 and June 16 2002 fi.om William G. and JoAnn R. eckmeyer. · .. /? ~.~ ~ ~t_ Names Printed: ' ~ Beach Garden: p I SEP I O 2002 Attachr SEP I 0 200?. RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002~AR-2691, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of variances in the PUD zoning district as follows: 1) from the required Gulf Front Yard (PUD Ordinance 85-83) setback that aligns with the State of Florida Coastal Construction Setback Line (CCSL) to allow (a) the balconies to extend to a maximum of 8 feet west of the CCSL; (b) the roof to extend a maximum of eight feet five inches west of the CCSL; (c) the shear wall to extend a maximum of ten feet five inches west of the CCSL; and 2) from the required ten foot access drive right-of-way yard setback (PUD Ordinance 85-83) to allow; a building setback of eight foot, a variance of 2 feet, on the east side along Dominica Lane, as shown on the attached Partial set of architectural plans, pages 2-5 and 7-10, stamped "Received June 13, 2002", Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED By The Board Of Zoning Appeals of Collier County, Florida, that: The Petition VA-2001-AR-2691 filed by Don Cab. ill, Architect/Builder representing William G. & Joann Reckmeyer, with respect to the property hereinafter described as: Lot 9, Block C, Lely Barefoot Beach, Unit 1, as recorded in Plat Book 12, Pages 34-37, as recorded in the public records of Collier County, Florida. be and the same hereby is approved for variances in the PUD zoning district as follows: 1) from the required Gulf Front Yard (PUD Ordinance 85-83) setback that aligns with the State of Florida Coastal Construction Setback Line (CCSL) to allow: (a) the balconies to extend a maximum of 8 SEP 1 0 2002 feet west of the CCSL; (b) the roof to extend a maximum of eight feet five inches west of the CCSL; (c) the shear wall to extend a maximum of ten feet five inches west of he CCSL; and 2) fi.om the required ten foot access drive right-of-way yard setback (PUD Ordinance 85-83) to allow: a building height of eight foot, a variance of 2 feet, on the east side along Dominica Lane, as shown on the attached Partial set of architectural plans, pages 2-5 and 7-10, stamped "Received June 13, 2002", Exhibit "A", of the "PUD" Zoning District wherein said property is located, subject to the conditions shown on Exhibit "B": BE IT RESOLVED that this Resolution relating to Petition Number VA-2002-AR-2691 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Assistant County Attorney Exhibits: A. Partial set of architectural "Received June 13, 2002" B. List of Conditions plans, pages 2-5 and 7-10, stamped AC, ENO A ITEM SEP 1 0 2002 VA-200S Exh ^r~ ~ 0 2~02 ~ I VA-2002-AR- Exhibit A AGENOA ITE~_'~__ N~_ ~ , ~9~SEP 1 0 2002 i I VA-2002 Exh SEP 1 0 2002 ~R-2691 .i, ^,~. r--/~ VA-2002-A Exhibit 2002 VA-2002-A Exhibit SEP 1 0 VA-2002-AR-: Exhibit A I 591 SEP 10 2002 I~ V ~!q!qx~ !0 Il ~ 'I II SEP I 0 2002 il il VA-20I Ex nC, ENDA ITEM Hbit A SEP 1 0 2002 Conditions for William G. ~ ]oann Reckmeyer Petition # VA-2002-AR-2691 In the case of the destruction of the structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction; and Construction must occur in compliance with the set of plans identified as "Partial set of architectural plans, pages 2-5 and 7-10, stamped Received June 13, 2002; and This approval is subject to compliance with the conditions adopted by the Board of County Commissioners in conjunction with Resolution 01-394. 7/10/02 G:\Current\Deselem\Variances\Reckmeyer variances\Conditions for Reckmeyer resolution.doc VA-2002-AR-2691 Exhil ,it FI SEP 1 0 20112 L EXECUTIVE SUMMARY VA-2002-AR-2011, CYNTHIA G. YANOSIK, P.E., OF COMMUNITY ENGINEERING INC., REPRESENTING STRAND PROFESSIONAL PARTNERS, INC., REQUESTING A 5-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 20-FOOT REAR YARD SETBACK TO 15 FEET; A 5-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 20-FOOT SIDE YARD SETBACK TO 15 FEET; AND A 2-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 24-FOOT WIDTH OF A DRIVE-AISLE TO 22 FEET FOR PROPERTY LOCATED 5692 STRAND COURT, IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained in a commercial development. CONSIDERATIONS: The petitioner requests three after-the-fact variances for a project that is constructed and occupied. The requested variances are: 5-foot variances from the required 20-foot side yard and rear yard requirements, and a 2-foot variance from the 24-foot width required for a two-way drive aisle. The petitioner submitted an application for a Site Development Plan (SDP) for the subject parcel, which was approved as SDP-99-030 in 1999. During the app,:oval process, the former Current Planning Manager administratively approved the SDP with 15-foot side and rear yard setbacks and with 22-foot two-way drive aisles. The PUD requires a side yard setback of 20 feet and a rear yard setback of 20 feet. The Land Development Code requires two-way drive aisles with 90© angle parking to be 24 feet in width. The rear yard of the subject parcel is adjacent to a canal, which functionally provides additional open space at the rear. The side yards of the subject parcel are'adjacent to other commercial parcels, subject to the same side yard requirements. Therefore, if the 5-foot variance is granted, the minimum separation between Strand Professional Park buildings and adjacent commercial buildings will be 35 feet. SEP 1 0 2002 It is the opinion of the Office of the County Attorney that this project be brought through the public hearing process for a variance. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The site is a developed office parcel. this petition. There are no unusual environmental issues associated xvith HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on July 18, 2002. The Commissioners heard the Staff presentation and a presentation by the petitioner. A motion was made by Commissioner Bu.dd, seconded by Commissioner Strain, to recommend approval of the variances. The Planning Commission voted 7 to 1 to forward the petition to the BZA with a SEP 1 0 2002 recommendation of approval. safety concerns. Commissioner Richardson was opposed to the motion due to PLANNING SERVICES STAFF RECOMMENDATION: There is no land-related hardship associated with these variance requests. However, staff considered two ameliorating factors: 'the 35-foot minimum separation from the closest potential buildings; and that the rear yard is adjacent to a canal, which functionally provides additional open space at the rear. There are no ameliorating factors for the narrow drive-aisle. In fact, Engineering Reviexv Services staffbelieves that the narrow drive-aisle presents a public safety hazard. Because of the ameliorating factors, staff recommended that the CCPC forward the side yard and rear yard variance requests to the BZA with a recommendation of approval. Ho~vever, despite the fact that the office park is constructed and operating, because of the potential public safety hazard, Planning Services staff recommended that the CCPC forward the portion of Petition VA- 2002-AR-2011 regarding the drive-aisle encroachment to the BZA xvith a recommendation of denial. SEP 1 0 2002 PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: 2-//-0 DATE DATE APPROVED BY: //JQ'SEPH K. SCHMITT / OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryAtA-2002-AR-2011 SEP I 0 2002 Division of Corpbrations Page 1 of 2 Florida Deparhnen t o£ State, Division of Corporations Florida Profit THE STRAND PROFESSIONAL PARTNERS, INC. PRINCIPAL ADDRESS 5692 STRAND BLVD #1 NAPLES FL 34110 Changed 04/23/2002 MAILING ADDRESS 5692 STRAND BLVD #1 NAPLES FL 34110 Changed 04/23/2002 Document Number FEI Number Date Filed P98000107165 593549884 12/22/1998 State Status Effective Date FL ACTIVE NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 04/30/1999 Event Effective Date NONE Registered Agent ii Name&Address I CONROY, J. THOMAS III MORRISON & CONROY, P.A. 3838 TAMIAMI TRAIL NORTH, SUIlE 402 NAPLES FL 34103 Officer/Director Detail Name & Address Title GLOBETTI, JOHN R 6355 - 22ND AVENUE NORTHWEST D NAPLES FL 34119 SEP 1 0 2002 .../cordet.exe?a 1 =DETFIL&n 1 =P98000107165&n2=NAMFWD&n3=0001 &n4=N&r 1 =&r2=&~8/9/2002 Division of Corporations Page 2 of 2 HARDY, ROBERT P 5692 STRAND BLVD., # 1 DVS NAPLES FL 34110 TOLSON, RENEE 5692 STRAND BLVD., #1 DP NAPLES FL 34110 TAVILLA, STEVEN 5692 STRAND BLVD., #1 D NAPLES FL 34110 Annual Reports Previous Filing I Return to List I Next Filing View Events View Name History View Document Image(s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT SEP 1 0 2002 .../cordet. exe?a 1 =DETFIL&n 1 =P98000107165 &n2=NAMFWD&n3 =0001 &n4=N&r 1 =&r2=& 8/9/2002 MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JUNE 27, 2002 PETITION VA-2002-AR-2011 STRAND PROFESSIONAL PARK VARIANCE AGENT/APPLICANT: OWNER: Strand Professional Partners, Inc. 5692 Strand Court Naples, FL 34110 AGENT: Community Engineering Services, Inc. 9200 Bonita Beach Road, Suite 213 Bonita Springs, FL 34135 REQUESTED ACTION: The petitioner requests three after-the-fact variances: 5-foot variances from the required 20-foot side yard and rear yard requirements, and a 2-foot variance from the 24-foot xvidth required for a two-way drive aisle. GEOGRAPHIC LOCATION: The subject property is located in the Strand subdivision (Pelican Strand PUD) on Strand Court. PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests three after-the-fact variances for a project that is constructed and occupied. The petitioner submitted an application for a Site Development Plan (SDP) for the s, which was approved as SDP-99-030 in 1999. During the approval process, the fo~ hioet nnrcel_ SEP 1 0 2002 { Planning Manager administratively approved the SDP with 15-foot side and rear yard setbacks and with 22-foot two-way drive aisles. The PUD requires a side yard setback of 20 feet and a rear yard setback of 20 feet. The Land Development Code requires two-way drive aisles with 90° angle parking to be 24 feet in width. The Office of the County Attorney decided that this project should be brought through the public hearing process for a variance. SURROUNDING LAND USE AND ZONING: Subject: Strand Professional Park; zoned PUD Surrounding: North - East - South - West - Undeveloped commercial parcel; zoned PUD Canal, across which is the 1-75 ROW Undeveloped commercial parcel; zoned PUD Tavitla Circle ROW, across which is a Publix shopping center; zoned PUD HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request xvill have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. The office park could have been designed to meet the requirements of the PUD and LDC. SEP 1 0 2002 However, the project xvas constructed in accordance with the approved Site Development Plan. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The applicant designed the site with reduced side and rear yards and u/ith a narrower drive-aisle. However, the SDP was approved with these reduced requirements. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship. However, the office park was constructed in accordance xvith the approved SDP. Removal of the encroachments would cause a financial hardship on the applicant, however a financial hardship is not typically a reason to grant a variance. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A reasonable use of the land can be attained by construction of a project within the existing setbacks. However, the requested variance is the minimum required to use the land in the manner approved by the SDP. Public safety may be compromised with the reduction of drive-aisle width. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will alloxv the petitioner to have a smaller side and rear yards than the minimum required in the Pelican Strand PUD and narrower drive aisles than those required in the Land Development Code. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, this variance will allow buildings to be closer to the side and rear lot lines than other buildings in the Pelican Strand PUD. Engineering Review staff's analysis showed possible safety concerns for drivers negotiating a narrow drive-aisle as well entering Lnd leaving a parking space utilizing a narrow drive-aisle. SEPt 0 2002 I ! Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The rear yard of the subject parcel is adjacent to a canal, which functionally provides additional open space at the rear. The side yards of the subject parcel are adjacent to other commercial parcels, subject to the same side yard requirements. Therefore, if the 5-foot variance is granted, the minimum separation betxveen Strand Professional Park buildings and adjacent commercial buildings xvill be 35 feet. There are no ameliorating factors for the reduced drive-aisle width. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is no land-related hardship associated with these variance requests. However, staff has considered txvo ameliorating factors: the 35-foot minimum separation from the closest potential buildings; and that the rear yard is adjacent to a canal, which functionally provides additional open space at the rear. There are no ameliorating factors for the narrow drive-aisle. In fact, Engineering Review Services staff believes that the.narrow drive-aisle presents a public safety hazard. Because of the ameliorating factors, staff recommends that the CCPC forward the side yard and rear yard variance requests to the BZA with a recommendation of approval. However, despite the fact that the office park is constructed and operating, because of the potential public safety hazard, Planning Services staff recommends that the CCPC forward the portion of Petition VA- 2002-AR-2011 regarding the drive-aisle encroachment to the BZA with a recommendation of denial. SEP 1 0 20 2 PREPARED BY: ~R~p_~ISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: ~AN MURRAY, AICP DATE CURRENT PLANNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: 7 / ~2._' /(~OM~TY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: VA-2002-AR-2011 Collier County Planning Commission: KENNETH L. ABERNATtt~, C ~A SEP 1 0 2002 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: VA-2002-AR-2011 PROJECT #2002010034 Date Petition Received: DATE: 1/24/02 FRED REISCHL Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Strand Professional Partners, Inc. Petitioner's Address: 5692 Strand Court, Naples, FL 34110 Telephone: (941) 592-7344 Agent's Name: Community_ Engineering Services, Inc. Agent's Address: 9200 Bonita Beach Road, Suite 213, Bonita Springs, FL 34135 Telephone: (941) 495-7934 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 ISEP I020 2 Page I of _~.~ , Application for Variance Petition - 8/98 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Strand Professional Park Condominium Association Mailing Address 5692 Strand Court City Naples State FL Zip 341 I0 Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City State ~ Zip City State __ Zip Name of Master Association: The Strand Master Association Mailing Address 5692 Strand Court City Naples State FL Zip 34110 Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Strand Commercial Replat Unit Section 19 Twp.. 48S Range 26E Lot (s) Property I.D. # G6 Block(s) 66679700827 Metes & Bounds Description: A portion of Lot G6 as platted in Strand Commercial Replat Application for Variance Petition - 8/98 Page 2 of 8 ! $EP 1 0 2O02 Address of Subject Property: Same (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Zoning - PUD, Land Use - Commercial Adjacent Zoning & Land Use: ZONING LAND USE N PUD S PUD W PUD E PUD Golf Course Community Commercial Commercial Cocohatchee Canal Easement Minimum Yard Requirements for Subject Property: Front: 20 Side: 20 Rear: 20 Comer Lot: Yes [--] No I~] Waterfront Lot: Yes [-] No [Y~] SEP 1 0 Application for Variance Petition - 8/98 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Strand Professional Park was permitted and constructed in 1999 with preliminary acceptance in January 2000. It has been determined that staff administratively approved deviations that should have gone through the variance process prior to approval of the site plan. The Developer has been requested to apply for the required variances to bring the project into compliance with the Land Development Code. The deviations requested are 1. to reduce the rear setback from twenty (20) feet to fifteen (15) feet; 2. to reduce the side setback from twentl¥ (2) feet to fifteen (15) feet; and 3. To Reduce the required parking aisle width fi-om 24' to 22' feet for 90° parking. The rear setbacks are from an easement for the Cocohatchee Canal. The Canal Easement is vegetated and separates the development both physically and visually from 1-75. Therefore, the intent of the setback requirement is met. The side setback is fi'om an undeveloped commercial parcel to the west of the development. When the parcel is developed, the provided setback is in excess of the required principal buildings separation in the commercial district thereby meeting the intent, if not the requirements of the PUD. The parking aisle width was reduced to allow for a two (2) foot increase in the storage at the main entrance to the overall development and to increase the green space between the buildings and the pavement. SEP 1 0 Application for Variance Petition - 8/98 Page 4 of 8 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The rear setback is fi.om a drainage easement for the Cocohatchee Canal. Therefore there are no buildings adjacent to the rear of the development. The side setback is fi.om an undeveloped commercial parcel. Therefore there are no buildings adjacent to the existing buildings. When the parcel is constructed, the building separations will exceed the minimum separation outlined in the PUD. The parking aisle reduction allows for a larger setback fi.om the main road which has the potential of increasing the safety of the development. 2. Are there special conditions and circumstances which do not result fi.om the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, the development has been constructed and the buildings have been purchased as condominiums and are occupied by Commercial Tenants. Will the variance, if granted, be the minimum variance that will make possible the reasonable use the land, building or structure and which promote standards of health, safety or welfare. Yes. Since the development is existing, the variances requested are the minimum to meet the needs of the development. ~A ff~ Application for Variance Petition - 8/98 Page 5 of 8 SEP 1 0 Will granting the variance requested confer on the petitioner any special privilege that is denied these zoning regulations to other lands, buildings, or structures in the same zoning district. No, other developments with the commercial district could also apply for variances to request these conditions. by Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Granting the variances will meet the intent of the development regulations and will not adversely affect the neighborhood or the health~ safet~ and welfare of the general public. .. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The rear of the proiect is adjacent to either; a vegetated drainage canal easement or a .coif course. The objective of building separation for fire protection is not applicable in this situation. The existing canal easement and vegetation provide a buffer between the development and the adjacent roadway. 8. Will granting the variance be consistent with the growth management plan. Yes, the development meets the intent of the growth management plan. Application for Variance Petition - 8/98 Page 6 of 8 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o COPIES REQUIRED I. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 1 3. Pre-application notes/minutes 15 NA 4. Survey of property, showing the encroachment 1 Platted (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 1 re fe Fen ce 7. Application fee and Data Conversion Fee, checks shali - 1 be made payable to Collier County Board of Commissioners 8. Other Requirements- - NA As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submiual package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. '-J ~J Applicant/Ag~:nt Signature Application for Variance Petition - 8/98 Date Page 7 of 8 SEP 1 0 21~2 Jan O~ AFFIDA I/IT We~I, R. Paul Hardy , being first duly s;tvrn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner PVe/l fi~rther attthorize Community Engineering Services, Inc. as our/my representative in any matters regarding this Petition. Typed or Printed Name of Owner Signature of Property Chvner Typed or Printed Name of Owner to act The foregoing instrument was acknowledged before me this day 2002, by R. Paul Hard)', who is personally known to me or has produced --- as identification. State of Florida County of Colliq-~-~--- .... t ~*~ ~ HILDA B. GILBERT % ~. ~ MY COMMISSION · CC 7189~ ~ EXPIRES: May 1, Application for Variance Peti¢ion - 8/98 (Signature of Nota~)' Public - State of Florida) ~Vame of Nota~, Public) I SEP 1 O Page 8 of 8 3eh 10 02 05:5~p C~nShl~ Yeno~k ~qlS37391~ LOCATION lVlAP STRAND PROFESSIONAl_ PARK -FAViLLA CIRCLE iMMOKALEE ROAD VA-2002-AR-2011 ~ PROJECT #200201003 DATE: 1/24/02 FREDREISCHL i~ ~8,~Ql ", RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002-AR-201I FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter t 25, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board oI Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5-foot after-the-fact variance from the required 20-foot setback from PUD boundaries to 15 feet and a 2-foot after-the-fact variance from the required 24-foot xvidth of a drive-aisle to 22 feet as shown on the attached plot plan, Exhibit "A", in a "PUD" Planned Unit Development Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-2011 filed by Community Engineering Services, Inc., representing Strand Professional Partners, Inc., with respect to the property hereinafter described as: Lot G6, Strand Commercial Replat, as recorded in Plat Book 35, Pages 66-68, of the Official Records of Collier County, Florida, SEP '1 0 2082 _ be and the same hereby is approved for a 5-foot after-the-fact variance from the required 20-foot setback from PUD boundaries to 15 feet and a 2-foot after-the-fact variance from the required 24-foot width of a drive-aisle to 22 feet, as shown on the attached plot plan, Exhibit "A", of the PUD Planned Unit Development Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to VA-2001-AR-2011 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2002. Petition Number ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjofile M. Student Assistant County Attorney VA-2002-AR-2011/FR,/Io BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN SE[' 1 2002 EXHIBIT "A" SEP 1 ~l 2~12 EXECUTIVE SUMMARY OBJECTIVE: To obtain Board approval of local amendments to the Florida Fire Prevention Code by adopting an ordinance and directing staff to complete the process to make the amendments effective. CONSIDERATION: The State of Florida's adoption of the statewide Florida Fire Prevention Code on January 1st, 2002, brought with it a "Sunset" provision, which effectively repealed the Collier County Fire Prevention and Protection Code created by local ordinance. Prior to the State adopting the statewide Florida Fire Prevention Code, Collier County had deemed it necessary to provide for specific local regulatory requirements in the Cotlier County Fire Prevention and Protection Code based on the particular needs of Collier County. In order to re-introduce the previous local regulatory requirements, the statewide Florida Fire Prevention Code also provide a procedure for local governments to adopt local amendments by ordinance. By directing staff to comply with balance of the requirements for adopting local amendments to the Fire Prevention Code, and adopting the proposed ordinance, the County would restore the level of fire protection deemed reasonable for Collier County and the affected Fire Districts. In addition to the local amendments, the proposed ordinance would also consolidate most of the Fire Code requirements for new development into one regulation. This would simplify fire plan review by the County and the Fire Districts and ease the development community's compliance with the applicable regulations. FISCAL IMPACT: By re-adopting the local amendments the County would largely re- create the previously effective regulations which should not result in any overall fiscal impact. RECOMMENDATION: the process required to make it effective. Prepared By: (,.?~'~t-'-~---'''/ff Approve the proposed Ordinance and direct staff to complete Date: ~'25' c).2' Date: Date~2¢o ~..-~ - SEP 1 0 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. 2002- AN ORDINANCE READOPTING THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY REPLACING SECTION 58-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA); REPLACING SECTION 58-27, PERTAINING TO AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICALLY NFPA 1, 2002 EDITION; REPLACING SECTION 58-28, PERTAINING TO AMENDMENTS TO THE ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101, 2002 EDITION; RESERVING SECTION 58-29; REPEALING CERTAIN ORDINANCES; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has fire safety responsibilities for Collier County; and WHEREAS, Section 633.025, Florida Statutes, subsection (1) establishes the Florida Fire Prevention Code and the Life Safety Code as the state minimum code; and WHEREAS, Section 633.025, Florida Statutes, subsection (4) enables a county with fire safety responsibilities to adopt more stringent fire safety standards or alternative requirements where, as here, a determination has been made that there is a need to strengthen the requirements of the minimum fire safety code adopted and enforced by Collier County; and WHEREAS, the Board hereby determines upon its review of local conditions - which review demonstrates that local conditions justify more stringent requiremen ~ 'd,,,4,~ those specified in the minimum fire and life safety code for the protection of li ?e a~o' property or justify requirements that meet special situations arising from h stonc, SEP 1 0 2002 l Last printed 8/22/2002 11:20 AM pg. 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 geographic, or unusual conditions - that local amendments to the statewide minimum code are needed and will serve a public purpose; and WHEREAS, by operation of certain statutory provisions the previously existing local amendments to then existing fire and life safety code provisions then in effect have been replaced by the statewide minimum code making appropriate the repeal of no longer effective local ordinances comprising Article II of Chapter 58 of the Collier County Code of Laws and Ordinances; and WHEREAS, in accordance with Section 633.025, subsection (4)(a) a properly advertised public hearing was held and all interested persons were afforded the opportunity to provide any comments; and WHEREAS, it is necessary to update the Collier County Fire Prevention and Protection Code to reflect the foregoing matters; and WHEREAS, the amendments to the statewide minimum code set forth below are essential to maintain an established and effective level of fire prevention and protection. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The text of the following sections of Chapter 58 of Article II, of the Code of Laws and Ordinances of Collier County, Florida, are replaced with the text which follows: 81 Sec. 58-26. Collier County Fire Protection and Prevention Code Adopted. 82 The standards and Code sections of the "National Fire Codes", as published by the 83 National Fire Protection Association (NFPA), as adopted by the rules of the Division of 84 the State Fire Marshal section 4A-3.012, 4A-60.005 or referenced by the 2000 edition of 85 NFPA 1 or NFPA 101 and those listed below by standard number and edition and as 8t5 amended herein, are hereby adopted by reference and made a part of the "Collier County 157 Fire Prevention and Protection Code," intended to protect the health, safety, common 88 interest, and convenience of the citizens, visitors, and residents of Collier County, 89 Florida. 91 No. 92 2Last printed 8/22/2002 11:20 AM SEP 1 0 2002 NFPA Code Standard Edition 93 94 95 96 97 98 99 lO0 101 '102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 '133 134 135 136 137 138 18 1995 42 1997 50A 1999 70E 2000 79 1997 97 2000 170 1999 412 1998 423 1999 513 1998 560 1995 600 2000 601 2000 801 1998 901 2001 1961 1997 1964 1998 Description Wetting Agents Storage of Pyroxylin Plastic Gaseous Hydrogen Systems Electrical Safety Requirements for Employee Work;places Electrical Standard for Industrial Machinery Glossary of Terms Relating to Chimneys and Vents Fire Safety Symbols Evaluating Aircraft Rescue and Fire Fighting Foam Equip. Const. and Protection of Aircraft Engine Test Facilities Motor Freight Terminals Storage, Handling and Use of Ethylene Oxide Industrial Fire Brigades Security Service in Fire Loss Prevention Facilities Handling Radioactive Materials Standard Classifications for Incident Reporting Fire Hose Spray Nozzles Sec. 58-27. Amendments to Fire Codes. The "National Fire Codes, NFPA 1, Fire Prevention Code, 2000 Edition," is hereby amended by local amendment as follows: (A) CHAPTER I ADMINISTRATION AND ENFORCEMENT (1) BOARD OF APPEALS i) Strike all existing text and amend 1-8 to read as follows: 1-8 BOARD OF APPEALS Will operate and be comprised as set forth in the Collier County Land Development Code, Division 5.4, except that the Collier County Fire Marshal's Association may recommend those two members one of whom would be an architect or engineer and one whom must be a fire protection specialist for consideration by the Board of County A Commissioners. SEP 1 O 2002 3Last printed 8/22/2002 11:20 AM 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184. (2) NOTICE OF VIOLATIONS, PENALTIES i) Amend 1-19.3 to read as follows; 1-19-3 Any person who fails to comply with the provisions of this code or who fails to carry out an order made pursuant of this code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. Nothing herein contained is intended to prevent the Independent Fire Districts of Collier County from taking such other lawful action in any court of competent jurisdiction as the District deems necessary to prevent or remedy any violation. Such other lawful action shall include, but shall not be limited to, any equitable action for injunctive relief or action at law for damages. The Independent Fire Districts of Collier County shall have the power to enforce the provisions of this Code and ordinances by means of the Collier County Code Enforcement Boards. (B) CHAPTER 1 ADMINISTRATION AND ENFORCEMENT (1) APPLICATION i) Amend subsection 1-5.2 to read as follows: 1-5.2 Details regarding processes, methods, specifications, equipment testing and maintenance, design standards, performance, installation, or other pertinent criteria contained in those standards and codes listed in Chapter 32 of this Code and those adopted pursuant to the Collier County Fire Prevention and Protection Code Section 58-26 shall be considered a part of this code. ii) Amend Subsection 1-5.5 to read as follows: 4Last printed 8/22/2002 11:20 AM 1-5.5 Buildings in existence or permitted for construction prior to the adoption of this Code shall comply with the provisions stated herein or referenced for existing buildings ~1o. ?<fnc'rr-~' I~, SEP 1 0 2002 't 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 2O5 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 EXiSting buildings or installations that do not comply with the provisions of the publications referenced in 1-5.2 shall be permitted to be continued in use, unless the authority having jurisdiction determines that the lack of conformity with these standards presents an imminent danger. Exception: A limited but reasonable time shall be allowed for compliance with any part of this Code for existing buildings, commensurate with the magnitude of expenditure, disruption of services, and degree of hazard. Occupied existing buildings shall comply with 1-9.2. (2) OCCUPANCY i) Amend Subsection 1-9.1 to read as follows: 1-9.1 No new construction or existing building shall be occupied in whole or in part in violation of the provisions of this Code or other applicable Collier County laws and ordinances. All tenants and occupants shall obtain a "Notice of Fire Compliance" certificate from the appropriate fire district prior to the occupancy and use of a new or existing building as evidence of compliance with the Collier County Fire Prevention and Protection Code. Such original certificate shall be displayed in a prominent location within the structure, building, or portion thereof. (3) PERMITS AND APPROVALS i) Amend Subsection 1-16.16(3) to read as follows: 5Last printed 8/22/2002 11:20 AM Bonfires and Outdoor Rubbish Fires. Kindling or maintaining any open fire or a fire in any public street, alley, road, or other public or private ground. Instructions and stipulations of permit shall be adhered to. Cooking fires and small recreational fires not intended for vegetation or rubbish disposal, when co tduc~l:[s, ~ SEP 1 0 2002 Pg. 23O 231 232 233 234 235 236 237 238 239 24O 241 242 243 244 245 246 247 248 249 25O 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 safely and on the property of the subject are exempt and do not require a permit. ii) Not withstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfires, which includes all or parts of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any forest, grassland, woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board. (4) PLANS REVIEW i) Amend Subsection 18.2 to read as follows: 1-18.2 It shall be the responsibility of the applicant to ensure that: (1) The construction documents include all of the fire protection requirements (2) The shop drawings are correct and in compliance with the applicable codes and standards (3) All plans for proposed new structures and square footage additions to existing structures include 8 and ½ x 11 page or pages entitled "Fire Protection Plan" that depict the following: (a) Completed form titled "Collier County Fire Districts Pre-Incident Planning Data". Form must be completely filled out, indicating N/A where not applicable. (b) Use of Uniform Drawing Symbols and Legend as published in NFPA 170, Standard for Fire Safety Symbols (particularly chapters 5 & 6) 1999 Edition: Copyright National Fire SEP 6Last printed 8/22/2002 11:20 AM 276 277 278 279 28O 281 282 283 284 285 286 287 288 289 29O 291 292 293 294 295 296 297 298 299 3OO 301 3O2 3O3 3O4 3O5 3O6 3O7 3O8 3O9 310 311 312 313 314 315 316 317 318 319 32O 321 (c) North arrow. (d) Overall building dimensions. (e) To scale site plan showing the entire property boundaries, entire structural footprint, all building entrance openings, exit stairs, pavement areas and fire lanes, fire hydrants, adjacent roadways with names, and distances to all fire hydrants within 1000 ft (304.8m) measured along the centerline of the street, driveway or fire lane. (f) Florida Building Code Construction Type. (g) Number of stories of structure and total square footage under roof per story. (h) A wall detail/section from foundation through the roof illustrating the predominant or typical floor(s), wall(s) and roof materials. Such detail/section shall be keyed with a call mark on the structural footprint required (a) above. (i) Needed fire flow as required by section 7-5.1.1. (j) Fire district water supply flow test(s) as required by section 7- 5.1.5. (k) Main utility (electric, gas, water, etc.) shutoff locations. (1) Hazardous and/or combustible materials locations and estimated quantities. (m)Locations of features of fire protection systems (fire department connections, fire sprinkler shut-off, fire alarm panels, standpipes etc.) Exception 1: Group R-3. One and Two-family Residences. Exception 2: Ancillary structures like guardhouses, restrooms etc. Not exceeding 1000 square feet in area. Exception 3: square feet. Square footage additions that do not exceed I000 (5) COST OF PERMIT 7Last printed 8/22/2002 11:20 AM SEP 1 0 2002 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 34O 34~1 342 343 344 345 346 347 348 349 35O 351 352 353 354 355 356 357 358 359 36O 361 362 363 364 365 366 367 (i) Add Section 1-21 to read as follows: 1-21 COST OF PERMIT Refer to Collier County Resolution (establishing fees), Exhibit B No. 01-313, (C) CHAPTER 2 DEFINITIONS (1) DEFINITIONS (i) Add the following definitions to read as follows: 2-1.166 Fire Marshal - The Fire Chief or his/her designee within each independent fire district or the Collier County manager or his/her designee within any dependant fire district within Collier County. 2-1.167 Fire Official- The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the fire plan review office. 2-1.168 Owner- Any person or entity having a legal or equitable interest in the property. 2-1.169 Interlocal agreement- An agreement entered into between the board of County Commissioners and any Independent Fire District(s). 2-1.170 Manual Wet Standpipe- Refer to NFPA 14:3-2.5 2-1.171 Residential Occupancy (Group R) - Refer to the Florida Building Code, 2000 Edition for the definition and sub-classification, or its successor. (ii) Amend 2-1.67 to read as follows; 8Last printed 8/22/2002 11:20 AM 2-1.67 Fire lane means any driveway, road, or unobstructed area, which may be used by the fire department for the movement of fire vehicles or firefighting operations. SEP 1 0 2002 368 369 370 371 372 373 374 375 376 377 378 379 38O 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 4OO 401 402 403 4O4 4O5 4O6 407 4O8 409 410 411 412 4.13 (D) CHAPTER 3 GENERAL PROVISIONS (1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. i) Amend Subsection 3-4.1 to read as follows: 3-4.1 Permits. Permits are required and shall comply with Section 1-16. Exception; Cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the property of the subject. Notwithstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfires, which includes all or parts of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any forest, grassland, woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board ii) Amend Subsection 3-4.7 to read as follows: 3-4.7 No charcoal burners shall be kindled or maintained on balconies or within 10 feet of any structure. Exception: Single-family dwellings. 9Last printed 8/22/2002 11:20 AM iii) 3-4.8 No gas-fired cooking grill shall be kindled or maintained on balconies or within 10 any structure. LP gas cylinders in excess $£P 0 2002 414 415 416 417 418 419 42O 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 45O 451 452 453 454 455 456 457 458 459 (2) FIRE LANES i) 3-5.2 10Last printed 8/22/2002 11:20 AM lbs, water weight shall not be stored within 10 ft of a residential building. Exception: Single-family dwellings. Amend Subsection 3-5.2 to read as follows; All buildings that a fire department may be called to protect that are not readily accessible to an adjacent local street shall be provided with a suitable fire lane or parallel access drive unless the analysis of the fire official indicates the fire access is unnecessary. Such fire access is necessary for all buildings three (3) or more stories in height which are not adjacent to a local street. (a) Parking spaces adjacent to structures that, in the opinion of the fire official, may hinder or delay firefighting forces in the performance of their duties are prohibited. Limited designated parking spaces may be approved by the fire official when alternative arrangements are made prior to construction, which must include automatic fire suppression systems. (b) The fire official may require additional fire lanes around commercial buildings when his or her analysis indicates additional access to the building is needed. (c) No new wet or dry retention or detention areas shall be located directly adjacent to any structure unless prior approval is received from the fire official. ii) Add subsection 3-5.2.1 to read as follows; 3-5.2.1 Fire lanes shall be not less than 20 t't (6m) of unobstructed width, able to with stand live loads of fire apparatus, and have a minimum of 14 ft vertical clearance. Turning radii for fire lanes not exceeding a 90 degree turn where serving bui shall be 25 f~ inside and 49 fl outsk SEP 1 0 2002 46O 461 462 463 464 465 466 467 468 469 47O 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 49O 491 492 493 494 495 496 497 498 499 5OO 501 5O2 5O3 5O4 5O5 turning radii for fire lanes serving parking lots only shall be 25 fi inside and 45 ft outside. Where tums exceed 90 degrees the standards for tumarounds shall apply. An approved turn around for fire apparatus shall be provided where an access road is a dead end and in excess of 150 ft (46m) in length. The turnaround shall have a minimum centerline radius of 40 feet (12.7m). The grade surface and location of the fire lane shall be approved by the authority having jurisdiction. At least one elevation of each building shall be accessible to the fire department. Required fire lanes shall be provided with the inner edge of the roadway no closer than 10 feet and no farther than 30 feet from the building. Such lanes shall have a surface designed to accommodate fire apparatus with a minimum weight of 32 tons. Exception No. 1: Adequacy of emergency vehicle access shall be determined by the authority having jurisdiction. Exception No. 2: T or Y tumaround arrangements shall be permitted. Exception No.3: - When acceptable to the authority having jurisdiction, turnaround arrangements other than a cul-de-sac shall be permitted to be used. iii) Add Subsection 3-5.5.1 to read as follows: 3-5.5.1 EMERGENCY VEHICLE ACCESS 3-5.5.1 This section is intended to apply to all gate installations EXCEPT those serving individual single-family residences. iv) Add Subsection 3-5.5.1.1 to read as follows: 3-5.5.1.1 All electronic access control gate to structures and properties that may reouir~ emergency services that res' ~ct 1 lLast printed 8/22/2002 11:20 AM SEP 1 0 2002 5O6 5O7 508 5O9 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 12Last printed 8/22/2002 11:20 AM vi) vii) free ingress and egress of emergency vehicles and are not constantly attended 24 hours per day shall be provided with an electronic transmitter/receiver system capable of being programmed with a unique activation code and frequency approved by the authority having jurisdiction. Such code or frequency shall not be used by or provided to other gate users. Existing installations shall comply within 180 days subsequent to the notification date by the authority having jurisdiction. Add Subsection 3-5.5.2.3 to read as follows; 3-5.5.2.3 All electronic access control gates under section 3-5.5.1.1 shall be compatible with the uniform county -wide transmitters. Said transmitters are carried only within emergency services vehicles. Add Subsection 3-5.5.2.4 to read as follows; 3-5.5.2.4 All electronic access control gates shall have a battery backrup with a fail safe override. Exception No. 1 - Any other override system acceptable to the Authority having jurisdiction. Exception No. 2 - Gates serving individual single-family residences. Add Subsection 3-5.5.2.5 to read as follows; 3-5.5.2.5 All non-electronic access control gates to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantl'' attended SEP 1 0 2002 Pg. 551 552 553 554 555 556 557 558 559 56O 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 24 hours a day shall be provided with a key box per section 3-6. Exception No. 1 - Gates serving individual single-family residences. viii) Add Subsection 3-5.5.2.6 to read as follows; 3-5.5.2.6 All electronic gates are required to receive a building permit with fire review prior to installation. ix) Amend Subsection 3-5.6.2.1to read as follows; 3-5.6.2.1 Hydrants. Clearance of 3 feet to the rear and sides of fire hydrants and clear to the street. No new wet or dry retention or detention areas shall be located between the fire hydrant and the fire access area unless prior approval is received from the fire official. x) Amend Subsection 3-5.6.2.2 to read as follows; 3-5.6.2.2 Fire Protection Appliances. Clearance of 3 feet to sides and clear to the street. No new wet or dry retention or detention areas shall be located between the fire appliance and the fire access area unless prior approval is received from the fire official. (3) PUBLIC ASSEMBLAGES AND EVENTS i) Add section 3-10.7 to rear as follows; 3-10.7 Public Assemblages and Events ii) Add subsection 3-10.7.1 to read as follows; 13Last printed 8/22/2002 11:20 AM Where the authority having jurisdiction determines that the gathering of persons in a structure or outside of a structure or the nature of 'the performance, exhibition, display, contest, or act vityl~ Q ~- SEP 1 0 2002 597 598 599 6OO 601 6O2 6O3 6O4 6O5 6O6 6O7 608 6O9 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 presents or is predicted to present unusual and significant impact on public safety, including access to buildings, structures, fire hydrants, fire lanes, and the like, or other provisions of public safety services, including fire protection and emergency medical services, the authority having jurisdiction shall have the authority to order the development of or prescribe a plan for the provision of safety services which provides a reasonable degree of safety for the attendees, participants and other affected members of the public. iii) Add Subsection 3-10.7.2 to read as follows; 3-10.7.2 The plan shall address such items as emergency vehicle ingress and egress, fire protection, emergency medical services, fire and safety inspections, public assembly areas and the directing of attendees and vehicles, vendor and food concession distribution, and the need for the presence of law enforcement, fire, and medical services personnel at the event. Said plan shall be submitted to the authority having jurisdiction a minimum of two weeks prior to the starting date of the event. iv) Add Subsection 3-10.7.3 to read as follows; 3-10.7.3 The authority having jurisdiction is hereby authorized to assess and collect reasonable compensation for services rendered to public assemblages and events covered by the provisions of section 3-10.7, as it may deem necessary in accordance with the applicable service resolution of the governing body. (4) CLOTHES DRYER VENTING i) Add section 3-11 to read as follows; Venting of clothes dryers, whether electric or shall be on the floor of origin or into an appro~ 14Last printed 8/22/2002 11:20 AM ~;as fired ed slm(tEtios, rrr_~. SEP 1 0 2002 642 643 644 645 646 647 648 649 65O 651 652 653 654 655 656 657 658 659 660 661 662 665 664 665 666 667 668 669 670 671 672 673 674 675 676 6"/7 678 679 680 681 682 683 684 685 686 687 Exception 1: Group R-3, Detached one and two-family residences. Exception 2: Other arrangements as may be approved by the authority having jurisdiction. (E) CHAPTER 7 FIRE PROTECTION SYSTEMS i) Amend Subsection 7-2.2.2 to read as follows; Exception 1' Buildings classified as R-2, four stories in height are required to have manual wet standpipes in accordance with NFPA 14. ii) Add Subsection 7-2.2.2.1 to read as follows 7-2.2.2.1 Any building five stories or more in height and not otherwise classified as a high rise building as defined by the Florida Building Code, 2001 Edition, shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 65 psi at the uppermost hose connection. iii) Add Subsection 7-2.2.2.2 to read as follows; 7-2.2.2.2 Any high-rise building as defined by the Florida Building Code, 2001 Edition shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 100 psi at the uppermost hose connection. iv) Add Subsection 7-2.2.2.3 to read as follows; 15Last printed 8/22/2002 11:20 AM 7-2.2.2.3 Fire department valves on standpipe systems shall not be pressure-reducing valves. Pressure restricting devices shall be installed on any valve with pressure in excess of 175 psi. Pressure restricting devices shall be so as to be readily removable, leaving hose threads acceptable to the authorit' h~'';~''~ jurisdiction. ~, I~.~ SEP 1 0 2002 688 689 69O 691 692 693 694 695 696 697 698 699 7OO 701 702 7O3 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 7'27 728 729 730 731 732 733 16Last printed 8/22/2002 11:20 AM v) Add Subsection 7-2.2.2.4 to read as follows; 7-2.2.2.4 All fire department connections, other than those serving a high rise building, shall be located within 50 ff (15.25m) of a fire hydrant and within 50 ft (15.25m) of a fire department vehicle access road. Exception 1: Fire department connections supplying fire sprinkler systems in accordance with NFPA 13R that are not a part of a standpipe system. Exception 2: Actual locations of fire department connections shall be as approved by the authority having jurisdiction. vi) Add Subsection 7-2.2.2.5 to read as follows; 7-2.2.2.5 New high-rise buildings shall be equipped with two fire department connections. One connection shall be located at the building and one shall be located within 15 ft (4.6m) of a fire hydrant. Either fire department connection shall be capable of operating independently of the other. The second fire department connection required at the building shall not be required to be located within 50 ft (15.25m) of a fire hydrant. vii) Add subsection 7-3.1.1. to read as follows: 7-3.1.1. Automatic sprinklers shall be installed and maintained in full operating condition, as specified for the occupancy involved in the codes or standards listed in Chapter 32. Installations shall be in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height; or NFPA 13D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, as appropriate. SEP 1 0 2002 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 77O 771 772 773 774 775 776 777 778 17Last printed 8/22/2002 11:20 AM viii) ix) All fire sprinkler systems shall be designed with hydraulic calculation method. System design will be based on a current flow test. For flow tests with a static pressure of 55 PSI or more the test will be extrapolated to seasonal static of 50 PSI. The formula is as follows: X Factor = Seasonal Static / Measured Static Design Res. Pres. = (Residual Pres) x (X Factor) Design Pitot PSI = (Pitot Press) x (X factor) For flow tests with a static of less than 50 PSI the un-extrapolated flow test shall be used. However in this case a minimum safety factor of 5 psi above the demand point of the system shall be used. Fire flow data shall be attached to the hydraulic calculations as per section 7-5.1.1. Add to Section 7-3.2.2 to read as follows: Automatic fire extinguishing systems shall be provided, in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, when required by this Code, or referenced codes and standards listed in Chapter 32; and in all new residential occupancies containing more than four (4) living units; and when otherwise required by Collier County. Exception No. 1: Residential occupancies up to four (4) stories in height may be protected in accordance with NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, where not otherwise required to be protected by sprinklers pursuant to the Building Code or other applicable standards. Add subsection 7-3.2.2.1, to read as follows; SEP 1 0 2002 779 78O 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 8O2 8O3 804 8O5 8O6 8O7 8O8 809 810 811 812 813 814 815 816 817 818 819 82O 821 822 823 82.4 18Last printed 8/22/2002 11:20 AM 7-3.2.2.1 All Automatic fire extinguishing systems, installed voluntarily, arbitrarily or otherwise, shall provide an adequate means (stub-out) for future fire sprinkler protection on lanais, balconies and canopies in residential occupancies. x) Amend subsection 7-3.4.2 to eliminate (2),(3) and (4). And add two exceptions to the existing exception as follows: Exception No 2: 13D systems in one and two family dwellings. Exception No 3: Sprinkler piping serving not more than six sprinklers connected directly to a domestic water supply system. However the control valve shall be locked in the open position. xi) Add Subsection 7-5.1.1 to read as follows; 7-5.1.1 The following are fire flow requirements for new construction, changes in occupancy or use to a more hazardous classification (according to National Fire Protection Association 101, 2000 edition) or any physical enlargement of existing buildings. All one and two family dwellings are exempt form these requirements except new subdivisions as provided for in (1) a below: New exclusive one and two family subdivisions: Building Square Footage Min. Fire Flow (GPm) Less than or equal to 5000 500 Greater than 5000 750 Subdivisions not capable of delivering the required fire flow shall provide automatic sprinkler systems in accordance with NFPA 13, 13R or 13D, 1999 editions as applicable. All other buildings shall calculate required fire flows in accordance with the following formula SEP 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 84O 841 842 843 844 845 846 847 848 849 85O 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 87O NFPA classification Light Ordinary I & II Extra 19Last printed 8/22/2002 11:20 AM subsection (3) below. This formula establishes a base flow from which the degree of hazard, credit for fire sprinkler protection and separation distance will result in a final needed fire flow. National Fire Protection Association 13, 1999 edition shall be used for the purpose of determining hazard classification. Formula application Light Ordinary High Fire flow based on the formula NFF= [(18) x COEFFICIENT FOR THE CONSTRUCTION TYPE) x {SQUARE ROOT (BUILDING SQUARE FOOTAGE)} x HAZARD FACTOR x EXPOSURE FACTOR x FIRE SPRINKLER FACTOR Coefficients based on construction type. 1.5 = Wood (Type VI) 1.0 = Ordinary (Type V) 0.8 = Noncombustible (Type III & IV) 0.6 = * Fire resistive (Type I & II) Coefficient based on hazard. 0.75 = Light hazard 1.0 = Ordinary hazard 1.25 = High hazard Coefficient based on exposure distance in feet. 0-10 = 1.25 11-30 = 1.2 31-60 = 1.15 61-100 = 1.1 101-150 = 1.05 >150 = 1 Coefficient based on fire sprinklers. 0.5 = Fully fire sprinklered 1 = Not fully fire sprinklered SEP 1 0 2002 871 872 873 874 875 876 877 878 879 88O 881 882 883 884 885 886 887 888 889 89O 891 892 893 894 895 896 897 898 899 90O 901 9O2 9O3 904 9O5 906 9O7 9O8 909 910 911 912 913 914 915 916 *Fire resistive construction need only be calculated on the three (3) largest successive floors of highest hazard classification. A four-hour "fire wall" may be used to reduce total square footage of a building for the purposes of fire flow requirements, providing the wall intersects each successive floor of the building and complies with NFPA 221. The minimum required fire flow for commercial and multi-family occupancies shall be 750 GPM. Owners and developers shall make provisions to install water lines and fire hydrants to meet spacing and fire flow requirements. Where fire mains exist but do not meet the fire flow requirements, alternative arrangements may be made, prior to construction, with the authority having jurisdiction. Due to the concern for public safety, failure to meet the fire flow requirements or come to alternative agreement shall be grounds for refusal for the county to issue building permits. xii) Add Subsection 7-5.1.2 to read as follows; 7-5.1.2 Where buildings are constructed, with the furthest point of the structure being one hundred fifty (150) feet or more from a public street, requires private mains and fire hydrants which shall meet the required fire flow with spacing to be determined by the fire official, not to exceed three hundred (300) foot maximum distance between hydrants. Hydrant spacing and required fire flow may be altered by the fire official if, by prior arrangement with the fire official, automatic fire suppression systems are installed in all buildings on the premises. xiii) Add subsection 7-5.1.3 to read as follows: 20Last printed 8/22/2002 11:20 AM xiv) add subsection 7-5.1.4 to read as follows: 7-5.1.3 Maximum distance between fire hydrants shall be five hundred (500) feet in exclusive one and two family areas with buildings not exceeding 5000 sq It, and three hundred (300) feet in all other areas. SEP 1 0 2002 917 918 919 920 921 922 923 924 925 926 927 928 929 93O 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 7-5.1.4 Where buildings are proposed in an area not meeting the hydrant spacing requirements, the owner or developer shall provide the number of hydrants prescribed by the fire official, under the terms of this section. xv) Add subsection 7-5.1.5 to read as follows: 7-5.1.5 Prior to development of new structures or fire protection systems, a fire flow test in accordance with NFPA 291 shall be preformed by the fire district having jurisdiction. Such tests shall be completed no longer than six months prior to the submittal for permit. Calculations of the available fire flow at a minimum of 20 psi residual shall be provided on the fire protection plan required by section 1-18.2 or with the hydraulic calculation package submitted for fire protection system permits. Fire flow test reports shall be submitted on the official letterhead of the fire district having jurisdiction. xvi) Add subsection 7-5.1.6 to read as follows: 7-5.1.6 Fire hydrants shall be provided for structures in accordance with NFPA 24 and shall be distributed so that the Needed Fire Flow determined by the fire official may be delivered. Hydrant locations and distances to proposed structures shall be indicated on the Fire Protection Plan required in section 1-18.2 xvii) Add subsection 7-5.1.7 to read as follows: 7-5.1.7 21Last printed 8/22/2002 11:20 AM Proposed single structure site developments within 1000 fi (304.8m) of existing water mains shall extend such mains so that the main sizes and hydrant locations comply with the provisions of this code. Measurement of the distance shall be along existing or proposed roads, street, driveways or fire lanes as applicable. Where no piped water supply exists within 1000 fi (304.8m) distance criteria, the requirements of NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting 1999 edition, shall apply. Proposed multi-structure site developments shall provide permanent fire protection water supply fram a , public °r private utility system °r c°nstruct a ~riva~.C~ I/T/E~C. . SEPIOZO02 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 98O 981 982 983 984 985 986 987 988 989 99O 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 100,8 engineered water system acceptable to the authority having jurisdiction and capable of delivering the required Needed Fire Flow specified in subsection7- 5.1.1 xviii) Add subsection 7-7.1.4 to read as follows: 7-7.1.4 All fire sprinkler systems shall be monitored by a UL listed Remote or Central station monitoring agency. Exception No 1: One and two family dwellings xix) Add subsection 7-7.1.5 to read as follows: 7-7-1.5 All fire sprinkler systems shall activate one or more monitored audio/visual device located on the exterior of the building. The number and location of the device(s) shall be approved by the authority having jurisdiction. Exception: Single family dwellings (F) CHAPTER 13: COMMERCIAL COOKING EQUIPMENT (1) 13-2 PORTABLE FIRE EXTINGUISHERS i) Amend subsection 13-2.3 to eliminate the exception. Sec. 58-28. Amendments to the Life Safety Code. NFPA 101 Code for Safety to Life from Fire in Buildings and Structures, 2000 Edition, is amended as follows: (A) CHAPTER 4: GENERAL i) Add new subsection 4.8, "Use of Fire and Spark Producing Devices in Public Places" to read as follows: 4.8 Use of Fire and Spark Producing Devices in Public Places. ii) Add new subsection 4.8.1 to read as follows: 4.8.1. 22Last printed 8/22/2002 11:20 AM It shall be unlawful for any person to smoke, light ~-7 ~,&;';~r ..__ a lighted cigar, cigarette, pipe, matcl~ or use an1 spain, .~ ~ .. 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1 O39 1040 104.1 1042 1043 1044. 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054- flame, or fire producing device not specifically authorized by the appropriate district or area fire chief or inspector in any of the following areas: 1) In the board of county commissions chambers, and in all other public meeting rooms in the county courthouse complex, and administrative buildings, when a public meeting is in progress. 2) In any public theater, church, tent, motion picture house or other auditorium used for such shows or performance when the public gathers. 3) In any mercantile store which voluntarily elects, by and through the actions of its management, to be included within this section. This prohibition shall not apply to restrooms, restaurants, coffee shops, soda fountain counters, executive offices or beauty parlors in such mercantile stores. (B) CHAPTER 9: BUILDING SERVICE AND FIRE PROTECTION EQUIPMENT (1) SECTION 9.6 FIRE DETECTION, COMMUNICATION SYSTEMS ALARM, AND (I) GENERAL i) Add Subsection 9.6.1.10 to read as follows; 9.6.1.10 The authority having jurisdiction may approve and shall have the authority to require listed manual fire alarm box covers or listed double action pull stations to be installed where manual fire alarm systems are susceptible to malicious false alarms. (II) OCCUPANT NOTIFICATION ii) Amend subsection 9-6.3.8 to read as follows; 23Last printed 8/22/2002 11:20 AM 9-6.3.8 Audible alarm notification appliances shall be of such character and so distributed as to be effectively heard above the average ambient sound level occurring under normal conditions of occupancy. ~.~, ~,~ SEP 1 0 2002 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 Residential occupancies: Audible alarm indicating devices shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. The audible alarm indicating device sounding shall be measure a minimum of 70 decibels at the pillow height in all bedrooms. (2) SECTION 9.7 AUTOMATIC SPRINKLERS AND OTHER EXTINGUISHING EQUIPMENT SECTION 9.7.4 MANUAL EXTINGUISHING EQUIPMENT i) Amend 9.7.4.1 to read as follows: 9.7.4.1 Portable fire extinguishers shall be installed in all commercial and multi-family occupancy classifications in accordance with NFPA 10, The Standard for the Installation of Portable Fire Extinguishers. Sec. 58-29. Reserved. SECTION TWO: Repeal of certain no longer effective ordinances. The following Collier County ordinances, having been preempted by operation of state law, are hereby repealed and are no longer of any force or effect: Ordinance #'s 76-7, 92-72, 98-74, 99-29, and 99-47. SECTION THREE: Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance are intended to become and to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Conflict and severance. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive provisions are intended to apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion is deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portion. SECTION FIVE: Effective date. This Ordinance becomes effective upon filing with the Department of State. 24Last printed 8/22/2002 11:20 AM ~ ITEM SEP 1 0 2002 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 PASSED AND DULY ADOPTED by Collier County, Florida, this ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form sufficiency: and legal Patrick G. White Assistant County Attorney the Board of County Commissioners of day of ,2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman 25Last printed 8/22/2002 11:20 AM ACtA ITEM A - SEP 1 0 2082 LEXSEE 366 So. 2d 1264 BROWARD COUNTY, a political subdivision of the State of Florida, Appellant, v. FORT LAUD£RDALE CHRISTIAN SCHOOL, Appellee No. 77-2388 District Court of Appeal of Florida, Fourth District 366 So. 2d 126,7; 1979 Fla./lpp. LEXIS 1,7019 February 7, 1979 COUNSEL: [**11 Alexander Cocalis, Acting Gen. Counsel Broward County, Fort Lauderdale, for appellant. N¢ls R. Pearson, Fort Lauderdale, for appellee. OPINIONBY: BERANEK OPINION: for ['1265] This is an appeal from the trial court's dismissal of a complaint with prejudice. Broward County sued tile Fort Lauderdale Christian School to enjoin its operation of a food service establishment without a permit as required by a county ordinance. The court dismissed tile complaint because Section 509.241(2) (b)(l), Florida Statutes, exempts school cafeterias from certain State licensing requirements. Tile trial court reasoned that the State had preempted the field of legislation in this area and that the county ordinance was therefore inconsistent with the general law. Article VIII, Section 1, Florida Constitution, provides that counties may enact ordinances not inconsistent with general law. We have reviewed the general law on the subject as contained in Chapter 509, Florida Statutes, and the county ordinance which requires a permit for the operation of a food establishment. Chapter 509 exempts rather than includes school cafeteria operations and the theory of preemption does not apply. The county ordinance [*'2] is not inconsistent with the general law stated in Chapter 509, and the trial court thus erred in granting the motion to dismiss with prejudice. The trial court's order to this effect is reversed and the matter remanded for further proceedings consistent with this opinion. REVERSED AND REMANDED. CROSS, J., and SMITH, CHARLES E., Associate Judge, concur. SEP 1 0 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT RESOLUTIONS APPROVING THE PRELIMINARY ASSESSMENT AS THE FINAL ASSESSMENT ROLLS AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLLS FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICTS NO. 1 AND 2, MUNICIPAL SERVICE BENEFIT UNITS SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 and District 2 Municipal Service Benefit Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90- 30, as amended. CONSIDERATION: On July 30, 2002, the Board of County Commissioners adopted Resolutions for Solid Waste District No. 1 and District No. 2 Municipal Service Benefit Unit Special Assessments to set the date, time and place for a public hearing to approve a special assessment (non-ad valorem assessment) to be levied against properties within the above Districts. Staff has notified the affected property owners by first class mail of the above assessments, which will appear on the non-ad valorem section of their tax bills, which will be mailed in November of 2002. The first class notices also notified property owners of the date, time and place of said public hearing. Notice of the public hearing has been published in the Naples Daily News as required by Section 197.3632, Florida Statutes. Staff is recommending that the Board adopt the attached Resolutions, which approves the preliminary assessment rolls (on file with Minutes and Records, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. The final rolls will be certified by the County Attorney as directed by prior Board action before it is merged with the tax bills. oSEP I 0 200 G,_.._~ Upon adoption of the Resolutions all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, shall be billed. All special assessments (non-ad valorem assessments) up to $175 per year for each Equivalent Residential Unit for solid waste collection and disposal services in subsequent years shall be collected as non-ad valorem assessments on the tax bill. FISCAL. IMPACT: $127.27 as approved by the Board per equivalent residential unit. Funds will be deposited in Mandatory Trash Collection Fund (Fund 473) for collection fees for District 1 - $9,787,675 and District 2 $507,244. Total anticipated revenues for FY-03 is $10,294,919. NOTE: The Special Assessment garbage collection rate is the same for fiscal 2003 (next year) as this year (fiscal year 2002). There is no increase in cost for garbage collection for fiscal year 2003. GROWTH MANAGEMENT IMPACT: There is no growth management impact for this item. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolutions approving the preliminary assessment rolls as the final rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 and Solid Waste District No. 2 Municipal Service Benefit Special Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. PREPARED BY:?' // ,~4.~.~---,' ,~'~-~ .~---~-~ DATE Teresa A. Riesen, Revenue Manager Utility Billing & Customer Service Department ( REVIEWED BY: John A. Yonkosky, Dirbctor /,,-~~ Utility Billing & Cust~6-~~-'' //- Ja~nes W. DeLony, P.E., ,~ministrator QCblic Utilities Division , DATE ~'/~,tC~/-.. I DATE'~~¢~ 2 4 6 9 ]0 1] ]2 ]3 ~6 ]9 2O 2! 22 2~ 24 25 26 27 25 29 30 3! 32 33 34 35 36 37 3g RESOLUTION NO. 2002 - A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS. the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services: Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 10, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste DistriCt No. 1 Municipal Service Benefit Unit Preliminary Assessment Roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 1 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 1 Municipal Service Benefit Unit for FY 2002/03 is $127.27 per Residential Unit and in subsequent years shall not exceed $175.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit A. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll), which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1st of each subsequent year. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No. 1 Municipal Service Benefit Unit which is more particularly described as follows: SEF I 0 LEGAL FOR DISTRICT ONE. 2 3 4 5 6 ? 8 9 10 1l 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 4! 42 43 44 45 46 47 48 Beginning at the intersection of the North hne of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier CounW hne and the eastern shorehne of the Gulf of Mexico; thence East along said Lee-Collier County line to the northeast corner of Section 12, Township 48 South, Range 26 East; the'bce South along the easterly hne of Range 26 East, Township 48 South to the southeast corner of Section 24, Township 48 South, Range 26 East; thence east along the south hne of Sections 19 and 20, Township 48 South, Range 27 East to the southeast corner of Section 20; thence north along the east hne of Sections 20, 17 and 8 of Township 48 South, Range 27 East to the southeast corner of Section 5, Township 48 South, Range 27 East; thence easterly along the south hne of Sections 4, 3, 2 and i of Township 48 South, Range 27 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence north along the east hne of Section 1, Township 48 South, Range 27 East; thence north along the east hne of Sections 36 and 25, Township 47 South, Range 27 East to the southeast corner of Section 24, Township 47 South, Range 27 East; thence easterly along the south hne of Sections 19, 20 and 21, Township 47 South, Range 28 East to the southeast corner of Section 21, Township 47 South, Range 28 East: thence southerly along the west line of Sections 27 and 34, Township 47 South, Range 28 East and continuing southerly along the west hne of Sections 3. 10, 15, 22, 27 and 34, Township 48 South, Range 28 East: thence south along the west hne of Sections 3, 10, 15. 22. 27 and 34. Township 49 South, Range 28 East to the southeast corner of Section 34: thence easterly along the south line of Sections 34. 35 and 36, Township 49 South. Range 28 East; thence east along the south line of Township 49 South, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 36, Township 49 South, Range 30 East, being also the centerline of Alhgator Alley (I-75); thence continuing easterly along the centerline of Alhgator Alley (I-75) to the northeast corner of Section 4, Township 50 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, Range 31 East; thence southerly along the East section hne of Sections 4, 9. 16, 21, 28 and 33, Township 51 South, Range 31 East; thence southerly along the east section hne of Sections 4. 9~ 16, 21, 28 and 33, Township 52 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21.28 and 33, Township 53 South. Range 31 East to the Collier-Monroe county hne; thence westerly along the said county line to the easterly shoreline of the Gulf of Mexico; thence Westerly and Northerly along the waters of the Gulf of Mexico to the Lee-Collier county hne being the north line of Section 6. Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the Ci[y of Naples and Everglades City. Also, less and except those barrier islands as described in Ord(nance No. 90-30, as amended. SECTION THREE. Upon adoption of this Resolution all the special 49 assessments (non-ad valorem assessments) and all special assessments in $o subsequent years for Solid Waste Collection and Disposal Services within Solid 51 52 Waste District No. 1 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the 53 collection of such non-ad valorem assessments on the same bill as ad valorem 54 taxes shall be billed. 55 56 SECTION FOUR. The assessments shall be final and cnnnh,_~iw~ each lot or parcel assessed and any objections against the [makir~-~'~ec~d¢~,~-- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 15 19 20 21 22 23 24 25 assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK 26 27 28 Approved as to form and legal 29 SU~ 34 day of ,2002, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ! 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RESOLUTION NO. 2002 - A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30. as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30. as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 2 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 10, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: is more particularly described as follows: t SECTION ONE. The Board, having met to receive and consider the 2 written objections of the property owners and other interested persons appearing ~ before the Board as to the propriety and advisability of confirming and adopting 4 the Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary 5 Assessment roll, as to the amounts shown thereon to be assessed against the 6 lots and parcels of land to be benefited and as to the equalization of such ? assessments on a basis of justice and dght, does hereby confirm such 8 preliminary assessment roll which excludes certain residential units that are 9 included in a homeowner's association or property owner's association that pays 10 the commercial fee for solid waste collection and disposal services for all such Il units. Further, the Board adopts the preliminary assessment roll and makes it ]? final as the Solid Waste District No. 2 Municipal Service Benefit Unit final ~.3 assessment roll (non-ad valorem assessment roll) for the purpose of using the 14 uniform method of collection. is The total special assessments for the solid waste collection and disposal ,.6 services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY ]7 2002/03 is $127.27 per Residential Unit and in subsequent years shall not ]~ exceed $175.00 per Residential Unit. The total assessments against the 19 benefited properties are described and set forth in the preliminary assessment 2o roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and 2~ Records and incorporated herein as Exhibit "A". The Board hereby confirms the 22 special assessments (non-ad valorem assessments) and the final assessment 23 roll (non-ad valorem assessment roll), which is on file with Clerk to the Board 24 Minutes and Records, and subsequent years shall be on file with the Clerk to the 25 Board, Minutes and Records by September 1St of each subsequent year. z6 SECTION TWO. Such assessments are hereby found and determined to 27 be levied in direct proportion to the special and positive benefits to be received 28 by the properties listed in the preliminary assessment roll (non-ad valorem 29 assessment roll) on file with Clerk to the Board, Minutes and Records and are 30 located within the Solid Waste District No. 2 Municipal Service Benefit Unit which 3] I SFP 10,, ..... ;''! LEGAL FOR DISTRICT TWO 3 4 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 2~ 3O Beginning at the northwest corner of Township 47 South. Range 27 East, Collier County., Florida; thence east along the Collier- Lee county hne also the township [me to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier- Lee county line also the range line to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier- Hendry county line also the township line for Townships 45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the Collier-Hendry county lane also the range l/ne of Ranges 30 and 31 East to the southeast corner of Township 49 South, Range 30 East; thence west along the township hne for Townships 49 and 50 South to the southwest corner to Section 34, Township 49 South, Range 28 East; thence north along the section lines to the northwest corner of Section 27, Township 47 South, Range 28 East; thence west along the section lines to the southeast corner of Section 24. Township 47 South, Range 27 East; thence south along the range [me for Ranges 27 and 28 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence west along the sections lines to the southeast corner of Section 5, Township 48 South. Range 27 East; thence south along the section hnes to the southeast corner of Section 20, Township 48 South, Range 27 East; thence west along the section hnes to the southwest corner of Section 19. Township 48 South, Range 27 East; thence north along the range hnes for Ranges 26 and 27 East to the northwest corner of Township 47 South. Range 27 East, being the Point of Beginning. SECTION THREE. Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid 32 Waste District No. 2 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the 34 collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. 36 SECTION FOUR. The assessments shall be final and conclusive as to 37 each lot or parcel assessed and any objections against the making of any 38 assessable improvements not so made shall be considered as waived, and if any 39 objection shall be made and overruled or shall not be sustained, the adoption of 4o this Resolution approving the final assessments shall be at the final adjudication 41 of the issues presented unless proper steps shall be taken in a court of 42 competent jurisdiction to secure relief within twenty (20) days from the adoption 43 of this Resolution. 44 45 SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature ; ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 !5 ~6 and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this__ second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal 1S 19 2O 2~ County Attorney day of ,2002, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS OF A RESOLUTION AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE IMMOKALEE ROAD/COLLIER BOULEVARD AREA (HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT) TO ESTABLISH THE "URBAN.RURAL FRINGE TRANSITION ZONE OVERLAY" FOR SECTIONS 13, 14, 23, 24, T48S, R26E, COLLIER COUNTY FLORIDA BY: AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES; AMENDING THE SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AMENDING THE POTABLE WATER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AMENDING THE WATER & SEWER SERVICE BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. UPDATE: This item was originally scheduled (and advertised) for the July 30, 2002 meeting of the Collier County Board of County Commissioners. However. prior to the item being heard at that meeting, the petitioner requested that the item be tabled until the September 10, 2002 meeting. The purpose of this request was to enable the petitioner to address the concerns expressed by the Collier County Planning Commission (CCPC, see page 13). The petitioner has prepared the following statement regarding the CCPC concerns: "Heritage Bay contains up to 860 acres that may qualify as sending lands (under the proposed Rural Fringe Amendments). If we had knov:n that a golf course TDR (Transfer of Development Rights) requirement would be applied to "density blending" projects, w'e would have sought to have some of the environmentally sensitive areas on the Heritage Bay property designated as sending lands. Approximately 530 of these acres have a current conservation easement and therefore cannot be used for TDRs. If Heritage Bay is required to use TDRs for the golf course in the Rural Fringe area. we could designate 200 to 220 acres of the remaining, approximately 300 acres, in a sending lands designation and use the balance of the approximately 300 acres to meet the buffering requirement. We will be asking the Board of County Commissioners to either approve the Density Blending Amendment as presented in our petition excluding the "Rider" added by the Planning Commission regarding TDRs for golf course development, or to designate as sending lands those Rural Fringe portions of the Heritage Bay project which will be preserved, as set forth in the paragraph above. As the County's TDR Consultant, Dr. Nicholas recognized that density blending is a type of TDR." OBJECTIVE: For the Board to consider a petition seeking to amend the Future Land Use Element and Future Land Use Map by: 1) Establishing the "Urban-Rural Fringe Transition Overlay" to encompass Sections 14, and 24, Township 48 South, Range 26 East; consisting of approximately 2,562 acre and 2) Amending the Future Land Use Map (FLUM) to show the area affected b [Words underlined are added, words ctruc~ through are deleted] 23, 13, ; AGEI~A ITEM the Overlay; SEP 1 0 2002 3) Amending the Sanitary Sewer and Potable Water Sub-Elements of the Public Facilities Element to allow County sewer and water systems to serve the project. The petitioner has proposed a revised water and sewer district boundary map to accompany the changes to the sub-elements. Staff notes that the Rural Fringe Amendments also include the three Agricultural/Rural Sections in a "Rural Transition Water and Sewer District". In addition to the above items, the Board is to consider revisions made by the petitioner to address concerns raised by the Collier County Planning Commission in their recommendations to the Board of County Commissioners regarding this item. (Note: This proposed amendment is related to att ongoing Development of Regional llnpact (DRI) review. Comprehensive platt a~nendtnents involving DRIs are not subject to the State's "twice a year" plan amendment limitation, attd therefore do not need to await the County's plan atnendment cycle periods. This proposed atnendtnent also includes land areas that are subject to the County's Proposed Rural Fringe Atnendments, that were adopted by the Board of County Commissioners on June 19, 2002 and were recently forwarded to the State for final review. Certain aspects of the proposed atnendtnent are virtually the same as portions of the Rural Fringe Atnendments. However, some aspects differ. Si~nilarities and differences are pointed out in th e staff report wh ere appropriate.) CONSIDERATIONS: · Chapter 163, F.S., provides for an amendment process for the adopted Collier County Growth Management Plan. · Resolution 97-431 provides for a public petition process to amend the Plan. · Chapter 380.06(6)(b), F.S.. provides that Plan Amendments related to Developments of Regional hnpact (DRIs) are not sub, ject to "statutory or local ordinance limits on the frequency of consideration of amendments to the local comprehensive plan. · The CCPC held their transmittal hearing on July 18. 2002. · This transmittal hearing considers amendments to the following Elements of the Plan: Future Land Use Element Sanitary Sewer Sub-Element of the Public Facilities Element Potable Water Sub-Element of the Public Facilities Element. FISCAL IMPACT: There is no fiscal impact. AGENT/PETITIONER: Agent: R. Bruce Anderson, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 GEOGRAPHIC LOCATION: The subject property, containing approximately 2,562 acres, is located in the northeas' the intersection of Immokalee Road (CR-846) and the future Collier Boulevard (CR-9 [Words underlined are added, words struck thro'--'gh are deleted] Petitioner: David Key, AICP Regional Vice President, U.S Home Corporation 10491 Six Mile Cypress Fort Myers, FL 33 ' 12 AGENDA ITEM (_'___ qua t ;, ) ~'en~ii~Jn.2002 approximately 3 miles east of 1-75. The subject property is comprised of all of Sections 13, 14, 23 & 24, less the south 100 feet of Sections 23 & 24, Township 48 South, and Range 26 East. (Please see Attachment I - Location Map) PROPOSED AMENDMENTS: Petition No. CP.2000-6 seeks to amend the Future Land Use Element and Future Land Use Map by: 1) Establishing the "Urban-Rural Fringe Transition Overlay" to encompass Sections 23, 13, 14, and 24, Township 48 South, Range 26 East; consisting of approximately 2,562 acres; 2) Amending the Future Land Use Map (FLUM) to show the area affected by the Overlay; and 3) Amending the Sanitary Sewer and Potable Water Sub-Elements of the Public Facilities Element to allow County sewer and water systems to serve the project. The Petitioner has proposed a revised water and sewer district boundary map to accompany the changes to the sub-elements. Staff notes that the Rural Fringe Amendments also include the three Agricultural/Rural Sections in a "Rural Transition Water and Sewer District". The proposed map amendments are to the Future Land Use Map and map series, and to the Water and Sewer District Boundary Map. The proposed text amendments are ets follows: FUTURE LAND USE ELEMENT Policy 1.5: [added text: page 12] Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Overlay D. Bayshore/Gateway Triangle Redevelopment Overlay E. Urban-Rural Fringe Transition Zone Overlay V. OVERLAYS AND SPECIAL FEATURES [new text, page 46] E. URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY and Florida Department of Environmental Protection, a total of +1.700 acres in ti Sections have been or may be mined. Sections 13, 14, 23, and 24, Township 48 South, Range 26 East consisting of +2,562 acres which overlap the Urban and Agricultural/Rural boundary line, north of the intersection of Immokalee Road (CR 846) and County Road 951 (Collier Boulevard), are under common ownership and through comprehensive planning may resolve potential local land use conflicts and provide for the realization of unique regional environmental opportunities. Among the causes of potential land use conflicts are the abrupt transitionless switch from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers ese [~9~.ur [Words underlined are added, words struck thrc'JGh are deleted] SEP 1 0 2002 Sections 13. 14 and 24 in the Ao~ricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and are slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. To resolve potential land use conflicts and protect environmental resources, an Urban-Rural Transition Zone Overlay is created which encompasses all four sections, and any residential development proposed within the Overlay area shall be deemed consistent with the other provisions of this Growth Manazement Plan provided that the following performance standards are satisfied: Approximately 533 acres of wetlands which exist on the property are currently in a conservation easement. An additional 300 acres of wetlands will be placed in conservation easement status. Together these 830 + acres of wetlands have the potential to be connected to wetland sites off-site thereby providing an environmental and wildlife corridor connection. Native vegetation or other natural areas (inclusive of conservation areas) shall cover a minimum of forty percent of the zross land area (or its equivalent off-site) exclusive of existin~ rock quarries. 3. Seventy percent {70(:~ I of the zross land area of the Overlay shall be devoted to open space, includinz but not limited to. lakes including existing rock quarries), golf courses and conservation areas. To the greatest extent practical, the existin~ rock quarries shall be incorporated into tile retional water manazement system and utilized to accommodate the passin~o through of off-site water flows. The propertv shall connect to tile Countv's regional water and wastewater facilities. which exist at the southwest corner of the property at the intersection of Immokalee Road and CR 951, which rezional service area is expanded to include all of the property'. Gross residential density allowed on the four Sections shall not exceed the overall gross density allowed in Section 23 under the 1997 Growth Management Plan or 1.5 units per gross acre. whichever is less. which gross density may be allocated and developed among all of the Sections, and may be clustered, in order to achieve conformance with the other performance standards applicable to this Overlay." Development of the property shall be designed to encourage internal vehicle trip capture by providing commercial and recreational uses and shall provide for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways shall be connected and shall pr to the Activity Center located in the southwest corner of the property. [Words underlined are added, words struck through are deleted] )vide~:trO~. rr~ r, SEP 1 0 2002 Attachment ll shows the proposed amendment to the Future Land Use Map (FLUM) to delineate the "Urban-Rural Fringe Transition Zone Overlay". The proposed text change to the Sanitary Sewer Sub-Element of the Public Facilities Element is as follows: POLICY 1.5.1: [added text: page SS-6] Discourage urban sprawl by permitting central sanitary sewer systems only in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. The proposed text change to the Potable Water Sub-Element of the Public Facilities Element is as follows: POLICY 1.5.1: [added text: page PW-6] Discourage urban sprawl by permitting central potable water systems only in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Attachment III shows the proposed changes to the County Sewer and Water District Boundary. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the proposed changes is to allow for development of the Heritage Bay Planned Unit Development (P.U.D.)/Development of Regional Impact (DRI). The proposed development is to consist of 3,450 residential units (of all types, plus 200 Assisted Living Units), 175,000 square feet of retail space, and 55,000 square feet of office space, plus amenities, all on 2,562 acres. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: Approximately 66.5% of the site is disturbed land that is either impacted by the ongoing rock quarry operation or could be so impacted. Most of Section 23 is designated Urban, Urban-Mixed Use District, and Urban Residential Subdistrict. However, a portion of this Section, ih the northwest corner of the Immokalee Road/Collier Boulevard intersection, is designated Urban-Commercial District, and is within Activity Center #3. Also, most of Section 23 is in the residential density band surrounding the Activity Center. Sections 13, 14 and 24 are designated Agricultural/Rural, and are within the Agricultural/Rural Mixed Use District, and are also within the County's designated "Rural Fringe" area. SEP 1 0 2002 [Words underlined are added, words ctr~'ck thrcugh are deleted] Currently, all four Sections are under the ownership of Florida Rock Corporation. four sections are zoned "A-Rural Agricultural" with a conditional use permit for mining activities. All Under the existing FLUE designation, the urban portion of the property that is inside the Activity Center (40 acres) could be developed as either commercial or high density residential, up to 16 units per acre. High density residential (up to 7 units per acre) could also be developed on the portion of the property inside the density band (471 acres), and lower density residential (4 units per acre on 137 acres) could be developed outside the density band. The balance of the property (1,922 acres) could be developed as residential property at 1 unit per 5 acres (subject to the dictates of the Administration Commission's Final Order). If residential development of the property were approved at the highest allowable densities, the FLUE designations would currently allow the construction of 4,741 residential units (the Petitioner's estimate of 4,767 is in error) on the entire site. However, subject to the County's proposed Rural Fringe Amendments, the currently designated Rural Agricultural portion of the site would become a "Receiving Area", in which higher residential densities would be allowed based upon purchase of Transfer of Development Rights (TDR) Credits from designated off-site "Sending Areas". Under such conditions, e~'en more dense residential development would be allowed. Surrounding Lands: North - Property' to the north is designated Agricultural/Rural, and is within the Agricultural/Rural Mixed Use District and is undeveloped. This property is within the County's designated "Rural Fringe" area. This area is zoned "A-Rural Agricultural". All of Section 11 and most of Section 12 are within Natural Resource Protection Areas (NRPAs) and Sending Areas under the proposed Rural Fringe Amendments. These Sections are also within the Corkscrew Regional Ecosystem Watershed (CREW) Trust purchase area. East - Immediately adjacent to the Heritage Bay property on the east are the Bonita Bay East Golf Course and undeveloped property. This area is within the Agricultural/Rural Mixed Use District, and is also within the County's designated "Rural Fringe" area, and is also subject to the Final Order and is part of the proposed Rural Fringe Amendments. Beyond Bonita Bay is the developing Twin Eagles Golf & Country Club. These lands are zoned "A-Rural Agricultural". Portions of these two developments are also within the CREW NRPA. South - use permit for a golf course ("Grand Land") development of which apt begun. This area is designated Agricultural Rural, and Agricultural/Ri District. The proposed Rural Fringe Amendments designate Section 2 Receiving Area. Lands to the south, across Immokalee Road are zoned "A-Rural Agricultural" and currently contain a nursery, driving range and undeveloped property. Section 26 is within the Urban Area and has designations similar to those described for Section 23, above. In Section 25, also across Immokalee Road, there is an approved conditional ears to have [Words underlined are added, words struck through are deleted] SEP I 0 2002 West - Lands to the west, across the designated right-of-way for the Collier Boulevard/CR- 951 Extension (and in Section 22), are designated Urban and have sub-designations similar to those described for Section 23. All of these lands are zoned "A-Rural Agricultural". Section 22 currently contains a nursery and undeveloped property. North of Section 22, Section 15 is currently within the Agricultural/Rural designation, and the Agricultural/Rural Mixed Use District. The proposed Rural Fringe Amendments designate this property as "Neutral". This designation means that this area is not subject to the TDR process, and that residential development is allowed at a density of I unit per 5 acres. The undeveloped property in this section is part of an approved 799-unit residential/golf course community, known as Mirasol. Across the intersection, to the southwest of Heritage Bay is the ongoing Pebblebrook Lakes Development, which includes the shopping center located at Immokalee Road and Collier Boulevard. STAFF ANALYSIS: Proposed Lan ~uage: Comprehensive Planning staff is recommending certain changes to the proposed additional language within Section V., Overlays And Special Features. These are as follows: Comprehensive Planning staff proposes the following changes to the Petitioner's third paragraph: "To resolve potential land use conflicts and protect environmental resources, an Urban-Rural Frino~e Transition Zone Overlay is created which encompasses all four sections, and ~ all development proposed within the Overlay area shall comply ith m ........ ;4~4 ,~, the followin~ performance standards: These recommended changes introduce the word "Fringe". apparently omitted by the Petitioner: subject all types of development within the project to the performance standards: and, remove the reference to the GMP as unnecessary. Staff is recommending the following change to the Petitioner's sub-paragraph 4: "To the greatest extent practical, the existing rock quarries should shall be incorporated into the regional water management system and utilized to accommodate the passing through of off-site water flows. The existing quarries may be used for recreational purposes." (Note: In this regard, staff has learned that the South Florida Water Management District will be requiring the Petitioner to prepare a Conceptual Surface Water Management System application (consistent with District practice Jbr DRI reviews). The District Permit, if issued, would likely require that quarry pits be used for Water Ma~ purposes, barring some environmental reason why such could not be allowe~ Department of Communit), Affairs (DCA) has requested that the District not submittal until after completion o/'the plan amendment and DRI review proc~ [Words underlined are added, words struck through are deleted] .c .... Kfi~.f~A ITEM ge~ent ,~'(._'.__ } Tt~lorida - 'qt~r[~el'r{]i~o02 s~es. Staff is recommending the following changes to the Petitioner's sub-paragraph 5, solely for clarification purposes: "The proposed developments within the Overlay area property shall connect to the County's regional water and wastewater facilities, which exist at the southwest corner of the property at the intersection of CR 846/Immokalee Road and CR 951/Collier Boulevard,._ which The regional service area is expanded to include all of the property." 4. Staff is recommending the following changes to the Petitioner's sub-paragraph 6: "The maximum number of residential units permitted for the entire Heritage Bay Development shall not exceed 3,450 units, (not including 200 ALF units). Gross ~ ...................... . ....... gross ........ This number of units may be calculated utilizin~ the entire project area, in conformance with the environmental preservation requirements ret~renced in sub-paragraph 1, above, and clustering shall be permitted and ..... The reference to the "maximum number of residential units" is more stringent than the language submitted by the Petitioner and is also consistent with the Application for Development Approval (DRI Application). Furthermore, the Petitioner's language could have necessitated a calculation to determine the number of allowable units, whereas the staff language clearly states the allowable number. The reference to sub-paragraph 1 essentially requires a plan amendment review if the Petitioner ever seeks to amend the DRI Development Order to change preserve area acreage. 4. The Petitioner's sub-paragraph 7, as originally submitted, was as follows: "Development of the property shall be designed to encourage internal vehicle trip capture by providing commercial and recreational uses and shall provide for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways shall provide connections to the Activity Center located in the southwest corner of the property." With regard to the above language, County Legal staff has recommended that Comprehensive Planning staff develop additional language related to the density blending provisions proposed for the Heritage Bay PUD/Development of Regional Impact. This language is intended to reflect an understanding between Comprehensive Planning staff and the applicant's representative of the manner in which the village centers proposed within the DRI would fit within the framework of both the existing Future Land Use Element and the proposed Rural Fringe Amendments. Comprehensive Planning staff believes that the Heritage Bay village center conce )t is currently consistent with the Future Land Use Element of the Collier County Growth Man However, the following draft language is intended to clarify and enhance such cot ,istel;lfii.y. This language is proposed by staff as Item #8, of the petitioner's proposed "Urban Rural Fringe Transition Zone Overlay", and incorporates additional language submitted by the peti ion~i4rl]o20{} ~* .... t. ,~ ..... ~. deleted] ~' ¢" [Words underlined are added, words ............. ~., are Pg._ the Planning Commission meeting on July 18, 2002. As such, it would immediately follow the language already submitted by the petitioner. The revised sub-section would read: "8. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of CR 951/Collier Boulevard and CR 846/Immokalee Road and three "Village Centers" totaling approximately 26 acres within the residential portion ot the Heritage Bay Development. The Activity Center commercial uses shall include a maximum of 150.000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses shall include a maximum of 10.000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5.000 square feet of office uses (combined totals for all three village centers). Additionally, the following provisions apply to village centers within the Heritage Bay Development of Regional Impact (DRI): a) The acreage eligible for the Village Center designation and associated uses shall be sized in proportior~ to the number of units to be served, but in no event shall the acreage exceed 1> acres for commercial uses;. b) Village Centers may consist of combinations of commercial uses, recreational facilities or other-amenities and shall be conveniently located to serve the surrounding residential uses: c) Village Centers shall not have independent access to any roadw, av external to the Heritage Bay PUD/DRI and Village Centers shall be intem'ated into the overall development: d') Th~ phasing of construction of the Village Centers shall be controlled so that it occurs concurrent with construction of the residential units within the Heritage Bay DRI. Commercial uses permitted within the Village Centers shall be of types and intensities similar to those currently allowed within the PUD Neighborhood Village Center Subdistrict of the Urban Mixed Use District." County staff has reviewed the above language and believes that it is sufficient for transmittal purposes. Any further recommendations as to "fine-tuning" this language will be based upon comments received from DCA. With regard to the proposed changes to the County's Sewer and Water District Boundary Map, and the proposed text changes to Policy 1.5.1 of the Sanitary Sewer Sub-Element and Policy 1.5.1 of the Potable Water Sub-Element (both of the Public Facilities Element), Collier County Public Utilities staff has requested that the following additional language be added to the proposed amendment: "In the event that the petitioner requires water and/or sewer from the County prior to the time period contemplated in the County's then existent Water and Sewer Master Plans, the petitioner agrees to design and construct the required infrastructure to County standards. In addition, the petitioner agrees to subsequently convey title to the County for the constructed infrastructure within one year after it is placed in service." Placement of this language within the proposed amendment, as a condition of approval, will ensure that any interim onsite facilities will be constructed to County specifications. Relative to the proposed amendment, Comprehensive Planning staff notes that the DRI Development Order will likely contain a recommendation from the Southwest Florida Regional Planning Council (SWFRPC) containing similar language. It has been standard practice by the SWFRP years to place such a recommendation in DRI Development Orders. SEP 1 0 2002 [Words underlined are added, words ctruc,t<, through are deleted] I~. Environmental Impacts: Approximately 840.7 acres (32.8%)of the site contain various types of native vegetation associations, including both wetland and upland vegetation. The Petitioner is proposing to preserve all of these areas. Environmental surveys of the property were conducted in 1994, 1999 and 2000. The following protected species were observed onsite: American alligator (Florida Species of Special Concern) Gopher tortoise (Florida Species of Special Concern) Little blue heron (Florida Species of Special Concern) Tricolored heron (Florida Species of Special Concern) Wood stork (State and Federally Endangered) Snowy egret (Florida Species of Special Concern) White ibis (Florida Species of Special Concern) Butterfly orchid (Florida Commercially Exploited) Wild-coco (State Threatened) Reflexed wild-pine (State Threatened) The proposed preservation areas should provide necessary habitat for these species. There are no wellfields on the subject property. There are no identified archaeological/historical resources or sites on the subject property. Effect on High Range Population Projections: Pursuant to CIE Policy 1.1.2, a significant impact in population is a potential increase in countywide population by > 5%. The proposed development has the potential to generate approximately 7.107 residents. Assuming this population to consist entirely of new residents, the resulting County population increase would be approximatcly 2.8%, based upon 2000 Census data. Thus. under Policy 1.1.2, the project would not create a significant population increase. Public Facilities Impacts: This project includes both residential and commercial development. Accordingly, there could be increased impacts upon the County's parks and recreation facilities. However, approximately 1,800 acres of the development will consist of lakes, preserves, recreational facilities, open space, golf courses and buffer areas. Additionally, the project includes a 15,000 square foot recreation center. To some extent, use of these facilities by residents and guests of the development will limit impacts upon County facilities. Potable water and sanitary sewer service will be provided by Collier County Public Utilities. The projected potable water demand for Heritage Bay, at buildout, is approximately 1.38 million gallons per day. The projected wastewater treatment demand is also 1.38 million gallons per day. County sewer and water mains are currently located near the intersection of CR-951 and CR-846, and are expected to be extended into the project area upon final approval of the proposed Rural Fringe Amendments. The project's estimated demands were used by the County Utilities D, ,,,,-,mo,,t i,, its planning process for the planned extension. The Heritage Bay Development includes part of a proposed regional surface water fl known as the Cocohatchee Flowway that will serve to reduce flooding and improve [Words underlined are added, words ~ are deletedl ~ AGE~A ITEM. ,ww2Oq 2002 y..,drm ogy m southern Lee and northern Collier Counties. The Flowway splits into two major arms just north of Heritage Bav. The Heritage Bay Development will include a portion of the Cocohatchee West Flowway. This is the same flowway associated with the Mirasol Development to the west of Heritage Bay. This project will likely increase the amount of land area devoted to stormwater management purposes in northern Collier County. The proposed stormwater management plan will utilize the existing quarry lakes, plus additional lakes, to provide required water quality storage volumes. Lakes and wetlands will also provide quantity storage volumes. Runoff will be conveyed to these areas via a system of culverts and swales, and via sheetflow. As previously noted, this project is currently undergoing a development of regional impact (DRI) review. State improvements to 1-75, currently scheduled for 2008, will address some of the project's impacts. The Petitioner has also recommended that Livingston Road be widened to six lanes, between Radio Road and Immokalee Road, and to four lanes north of Immokalee Road. to serve as an alternate route for 1-75. A number of other transportation improvements will likely be required by this project. These include improvements to the 1-75 ramps at hnmokalee Road. the intersection of Immokalee Road and Oakes Boulevard, the intersection of Immokalee Road and Collier Boulevard, improvements associated with project entrances on Immokalee Road. the Collier Boulevard/Vanderbilt Beach Road intersection, and the intersection of Collier Boulevard and Golden Gate Boulevard. It is worth noting that the proposed amendment actually reduces the potential number of units in this area from that which could be built in this area under current Plan designations. This factor may act to prevent future road impacts from being as bad as they might have been. without the proposed amendment. Prior to project buildout in 2009, Collier Boulevard, between Vanderbilt Beach Road and Immokalee Road will require widening to 4 lanes. Further improvements will be required for the intersections mentioned above, as well. The companion DRI Development Order for this plan amendment will include specific provisions designed to mitigate transportation impacts. Such provisions will include specific road and intersection improvements, the timing of such improvements (by years and/or phases of the development), and monies to be paid by the Petitioner for such improvements. At buildout, Heritage Bay is expected to generate a solid waste disposal demand of 56.8 cubic yards (or 17 tons) per day. The Waste Management Corporation, which currently conducts solid waste hauling services in Collier County, is the expected solid waste service provider for the project. APPROPRIATENESS OF CHANGE/ISSUES: As indicated by the Petitioner, the proposed residential development plan (containing 3,450 residential units) is significantly less than the 4,741 (once again, the Petitioner's estimate of 4,767 appears to be in error) units that could be approved under provisions within the current Future Land Use Element. However, it is not necessarily true that the Board of County Commissio' ,','~, ..... ~a A~ ~E~... approve the entire 4,741 units, or that all of these units would be built if approved. ~ .~ (~. By undergoing a separate amendment process from the Rural Fringe Amendments, an( a fixed number of units spread across the four sections of the project, the Petitioner wil [Words underlined are added, words struck through are deleted] :hu~.vi~l~ .e. sse~fially ti( be removing themselves from the Transfer of Development Rights (TDR) process described within the Rural Fringe Amendments. The development of Heritage Bay will not require TDR credits and there will be no need for the Petitioner to purchase such credits. While this factor could significantly lessen the development potential of this area. it may also impact the demand within the receiving area for TDR Credits. However, County staff has evaluated this factor and believes that it will likely be negated by the number of TDR credits retained in the sending areas as onsite homes. In other words, because "sending" residents will not sell all of the potential credits, Heritage Bay is not likely to have a significant impact on the ability of the receiving areas to absorb TDR credits. In a related matter, the Collier County Planning Commission (CCPC) has recommended that golf courses within the "Rural Fringe" portion of the Heritage Bay DRI be required to purchase TDR credits, as per requirements for golf courses in "Receiving" areas, as stated in the proposed Rural Fringe Amendments. The specific language recommended by the CCPC is shown below. In proposing to spread the allotted residential units across the entire subject property, the Petitioner has essentially copied the "density blending" provisions contained within the Rural Fringe Amendments. In this regard, it is worth noting that the Petitioner and its consultants frequently attended meetings of the County's Rural Fringe Oversight Advisory Committee and also attended most public hearings and staff presentations related to the proposed Rural Fringe Amendments, providing considerable input thereby. This factor accounts for many of the similarities between the two proposals. In the DRI Master Development Plan (Map H of the DRI Application) and accompanying text, the Petitioner indicates that the project will be divided into three "villages" or "towns", each containing a "Community Club/Town Center." In describing the Community Club/Town Centers (within the DRI Application), the Petitioner indicates that these areas will be designed to be consistent with the County's "PUD/Neighborhood Village" criteria. However, the Town Centers (as presented within the DRI Application) are inconsistent with the PUD/Neighborhood Village criteria, because the current County FLUE limits applicability of PUD/Neighborhood Villages to the Urban Area. In order to correct this inconsistency, the Petitioner has proposed additional language that does not directly reference the Urban Area (see above I. Commercial Demand Analysis: The subject site is within the Corkscrew Planning Community, and is close to both the Urban Estates Planning Community and the Rural Estates Planning Community. A commercial demand analysis is being conducted as part of the concurrent DRI review process. The project is proposing to construct 175,000 square feet of retail space, and 55,000 square feet of office space. FINDINGS AND CONCLUSIONS: A number of protected plant and animal species occur on the subject property. However, it appears that the proposed on-site preserves, as well as likely conditions within the DRI Development Order will address potential adverse impacts to these specie Heritage Bay has the potential to have significant impacts to 1-75, betwee~ Road and Bonita Beach Road, as well as to a number of Collier County rc Petitioner will be required to adequately mitigate such impacts as part of t process. [Words underlined are added, words struck threugh are deleted] Imr~.kaleelT~,.' (_51 ! tds. Th~ ~ te [~eJ'i{h~002 i County staff does not find that the project will create adverse potable water, wastewater treatment demand, and stormwater management or solid waste impacts. As regards stormwater management, the project could have a net county and regional benefit. STAFF RECOMMENDATION: Staff recommends that the BCC transmit this amendment to the Florida Department of Community Affairs subject to the text changes noted earlier in this Executive Summary. The Draft Transmittal Resolution for the proposed Plan Amendments is included as Attachment IV. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATIONS: The Collier County Planning Commission (CCPC) reviewed the proposed amendments on July 19, 2002, at a continuation of the regularly scheduled July 18. 2002 meeting. The CCPC recommended unanimously (vote: 6/0) that the BCC approve Petition CP-2000-6 as submitted, for Transmittal to the Florida Department of Community Affairs, subject to the following: Staff and petitioner recommended text changes/additions, as contained in this Executive Summary (the CCPC report was prepared prior to such changes having been agreed to by staff and the petitioner). A text change to sub-paragraph 6 of the Overlay. as found on the top of page 8 of this Executive Summary, next to last line: "... referenced in sub-paragraph 1, above, and ma5' shall be clustered, in order to achieve ...". Add a requirement that, for golf course(s) in the Agricultural/Rural designated portion of the site, TDRs must be purchased for that golf course acreage at a ratio of 1 DU/5 acres - see text below. For ~olf course(s) located on Rural Fringe Mixed Use District Receiving Lands (Sections 13. 14. and 24), for each five (5) gross acres of land area utilized as part of the golf course - including the clubhouse area. rough, fairways, greens, and lakes, but excluding any area dedicated as a conservation area, which is non-irrigated and retained in a natural state - one transfer of development rights (TDR) credit shall be acquired from the Sending Lands. In this regard, the Planning Commissioner that added to the Motion the above TDR purchase requirement for golf courses expressed surprise and dismay that the Rural Fringe amendments did not require this for all golf courses on Receiving Lands (the Rural Fringe amendments exclude this TDR purchase requirement when density blending is utilized). All other Planning Commissioners were supportive of this added TDR purchase requirement. [Words underlined are added, words struck thrc,.-'§h are deleted] SEP 1 0 2002 PREPAREDBY:" ~}"'"'~ Glenn E. Heath, AICP Principal Planner REVIEWED BY: _~ Stan Litsinger, AICP Comprehensive Planning Manager REVIEWED BY: ~ ~ Margaret Wuerstle Planning Services Director ,,J~/eph K. Schm~tt. Administrator /G6mmunity Dev. & Environmental Services Petition Number: CP-2000-6 Executive Summary for September 10, 2002 BCC meeting. NOTE: This petition was reviewed at the Jul',' 19, 2002 CCPC meeting. The item was scheduled for the July 30, 2002 Board of County Commissioners meeting, but was continued. DATE: DATE: DATE: [Words underlined are added, words ctruc~ through are deleted] SEP ! 0 200,_" /5/, L~ DOU LL=VAF:~ (~XIMAT~ LOCATION) Cji: g51 FU'T'UF~- c~ ~51 ! GROWTH MANAGEMENT PLAN AMENDMENT PREPARED FOR: U.S. HOME CORPORATION lJ ii,¸ NORTHERN COLLIER COUNTY PROJECT: MAP H - EXISTING & PROPOSED .-.--.-...EXISTINO COLLIER COUNTY WATER AND SEWER DISTRICT BOUNDARY PROPOSED COLLIER COUNTY WATER AND SE~ER DISTRICT BOUNDARY WATER/SEWER BOUNDARY CUENT: U.S. HOME CORPORATION N0442-005-000 NO, C.M.P. 195 SH[~-T NO: 8 or 8 DRAFT RESOLUTION SEP 1 0 2002 RESOLUTION NO. 02- A RESOLUTION APPROVING AMENDMENTS TO THE FUTURE lAND- USE ELEMENT; THE FUTURE LAND USE MAP; THE SANITARY SEWER SUB-ELEMENT, AND THE POTABLE WATER SUB-ELEMENT, AND THE WATER AND SEWER DISTRICT BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS. THESE AMENDMENTS ARE TO SUPPORT FUTURE IMPLEMENTATION OF THE HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT (DRI). WHEREAS, Collier County, pursuant to Section 163.3161, et seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Chapter 380.06(6)(b), F.S., provides that Plan Amendments related to Developments of Regional Impact (DRIs) are not subject to "statutory or local ordinance limits on the frequency of consideration of amendments to the local comprehensive plan; and WHEREAS, Collier County Resolution 97-431 provides for a public petition process to amend the Plan; and WHEREAS, the Petitioner, U.S. Home Corporation, has proposed to amend the following elements of the Collier County Growth Management Plan: Future Land Use Element; including the Future Land Use Map Sanitary Sewer Sub-Element of the Public Facilities Element and Potable Water Sub-Element of the Public Facilities Element; and WHEREAS, the Collier County Planning Commission has considered the proposed amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendments, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed Amendments and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within twenty (20) days of receipt of Collier County's adopted Growth Management Plan Amendments, must review and determine if the Plan Amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Words underlined are additions; Words st,",:'cl: thrc=gh are deletions SEP I 0 2002 Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendments prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J-5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this 10th day of September 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES N. COLETTA, CHAIR~MAN Approved as to Form and Legal Sufficiency Marjorie M. Student. Assistant County Attorney Words underlined are additions; Words strack t~rct:g5 are deletions FUTURE LAND USE ELEMENT SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Exhibit A CP-2000-6 FUTURE LAND USE ELEMENT Policy 1.5: [added text: page 12] Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Overlay D. Bayshore/Gateway Triangle Redevelopment Overlay E. Urban-Rural Fringe Transition Zone Overlay V. OVERLAYS AND SPECIAL FEATURES E. URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY [new text, page 46] Sections 13, 14, 23, and 24, Township 48 South, Range 26 East consisting of +2,562 acres which overlap the Urban and Agricultural/Rural boundary line, north of the intersection of Immokalee Road (CR 846) and County Road 951 (Collier Boulevard), are under common ownership and through comprehensive planning may resolve potential local land use conflicts and provide for the realization of unique regional environmental opportunities. Among the causes of potential land use conflicts are the abrupt transitionless switch from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers (USACOE) and Florida Department of Environmental Protection, a total of +1,700 acres in these four Sections have been or may be mined. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and are slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. To resolve potential land use conflicts and protect environmental resources, an Urban- Rural Fringe Transition Zone Overlay is created which encompasses all four sections, and all development proposed within the Overlay area shall comply with the following. performance standards: ~,~.1~,~ IT~ [Words underlined are added. V~Iords ............. ...... ~ *~' ..... ~,,~' are deleted] SEP 1 0 2002 .,. ,5 I Approximately 533 acres of wetlands which exist on the property are currently in a conservation easement. An additional 300 acres of wetlands will be placed in conservation easement status. Together these 830 + acres of wetlands have the potential to be connected to wetland sites off-site thereby providing an environmental and wildlife corridor connection. Native vegetation or other natural areas (inclusive of conservation areas) shall cover a minimum of forty percent of the gross land area (or its equivalent off-site) exclusive of existing rock quarries. Seventy percent (70%) of the gross land area of the Overlay shall be devoted to open space, including but not limited to, lakes (including existing rock quarries), golf courses and conservation areas. To the greatest extent practical, the existing rock quarries shall be incorporated into the regional water management system and utilized to accommodate the passing through of off-site water flows. The existing quarries may be used/:'or recreational purposes. The proposed developments within the Overlay area shall connect to the County's regional water and wastewater facilities, which exist at the southwest corner of the property at the intersection of CR 846/Immokalee Road and CR 951/Collier Boulevard. The regional service area is expanded to include all of the property. The maximum number of residential units permitted for the entire Heritage Bay Development shall not exceed 3.450 units, (not including 200 ALF units). This number of units may be calculated utilizing the entire project area, in conformance with the environmental preservation requirements referenced in sub- paragraph 1, above, and clustering shall be permitted. Development of the property shall be designed to encourage internal vehicle trip capture by providing commercial and recreational uses and shall provide for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal proiect roadways shall be connected and shall provide access to the Activity Center located in the southwest corner of the property. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of CR 951/Collier Boulevard and CR 846/Immokalee Road and three "Village Centers" totaling approximately 26 acres within the residential portion of the Heritate Bay Development. The Activity Center commercial uses shall include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses shall include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5.000 square feet of office uses (combined totals for all three village centers). Additionallv~ the following provisions apply to villaze centers within the Heritage Bay Development (f Impact (DRI): · I~. .... SEP 1 0 2002 [Words underlined are added. Vgordso,, ~,,.,,~- '~'.,,,v~,~,,.~ are deleted] a) The acreage eligible for the Village Center designation and associated uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage exceed 15 acres for commercial uses; b) Village Centers may consist of combinations of commercial uses, recreational facilities or other amenities and shall be conveniently located to serve the surrounding residential uses; c) Village Centers shall not have independent access to any roadway external to the Heritage Bay PUD/DRI and Village Centers shall be integrated into the overall development; d) The phasing of construction of the Village Centers shall be controlled so that it occurs concurrent with construction of the residential units within the Heritage Bay DRI. e) Commercial uses permitted within the Village Centers shall be of types and intensities similar to those currently allowed within the PUD Neighborhood Village Center Subdistrict of the Urban Mixed Use District." SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT POLICY 1.5.1: [added text: page SS-6] Discourage urban sprawl by permitting central sanitary sewer systems only in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT POLICY 1.5.1: [added text: page PW-6] Discourage urban sprawl by permitting central potable water systems only in the Designated Urban-Rural Fringe Transition Zone Overlay and Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. [Words underlined are added. VCords ...... ~ '~' ..... *' deleted] o ............ s,, are SEP 1 0 2002 NORTHERN COLLIER COUNTY 1 0 Wilsd, nMiller I I I I I I I' I I, I I ! .> ..'.-.....EXISTING COLLIER COUNTY · ATER AND SE~TER DISTRICT BOUNDARY PROPOSED COLLIER COUNTY WATER AND SEWER DISTRICT PROJECT: MAP H - EXISTING &: PROPOSED WATER/SEWER BOUNDARY U.S. HOME CORPORATION Wt,! ' Milie -"-- 1' -4.000' 4.8S N0442-005-000 C.M.P 19.3 YOUNG, VAN ASSENDERP, VARNADOE ~ ANDERSON, P. A. ATTORNEYS AT LAW ~EPL¥ To: R. BRUCE ANDERSON CLAY C, BROOKER TASHA O. BUFORD DANIEL H. COX TIMOTHY S. FRANKLIN DAVID ~). HOPSTETTER" C. ~URENCE KEESEY K[NZA VAN ASSENDERP GEORGE e. VARNADO[ Ro~ C. Young ~BoARD CERTiFiED REAL ESTATE LA~ER OF COUNS~ DAVID B. ErWIN A.J. Jl~ SPALLA August 21, 2002 Via Hand Delivery GALLIE'S HALL 225 SOUTH ADAMS STREET SU~T~ 200 POST OFFICE BOX 1833 (ZiP 32302-1833) TALLAHASSEE, FLORIOA 32301 TELEPHONE (850) ~2p-7206 TELECOPlER (850) 561-6834 SuNTRuST ~U~LDING 801 ~Ub~L OAK DroVE SUITE 300 POST OFFICE ~ox 7907 (ZiP 34101-7907} NAPLES, FLORIDA 34iO8 TELEPHONE (239) TEL~COmER {239) 597-1060 Chairman Kenneth Abernathy and Honorable Members of the Collier County Planning Commission Collier County Development Services Center 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Comprehensive Plan Amendment for Heritage Bay DRI/PUD, Density Blending/Motion to include TDR requirement Dear Mr. Chairman and Honorable Members of the Planning Commission: On July 18 and 19, the Collier County Planning Commission considered the adoption of an amendment to the Comprehensive Plan establishing density blending regulations for three sections of the "Rural Fringe Area" and one section of the "Urban Area" to be knowTt as the "Urban-Rural Fringe Transition Overlay." The motion, as approved, recommended this amendment of the Comprehensive Plan and added a new condition that golf courses would be allowed in this density blend development with the stipulation that transfer of development rights must be used to create the golf course in the Rural Fringe. The following comments are respectfully submitted for your consideration in an attempt to explain why the Rural Fringe Amendments for density blending did not include a TDR requirement for density increases nor to require TDRs to be part of golf courses within density blending developments. For ease of future discussion and reference, the commentary is provided in numerical fashion. AUG 2 I 2002 The Final Order as adopted by the Governor and Cabinet states "...encouraging development that utilizes creative land use planning techniques including...area- allocations, clustering and open space provisions and mi~d ~d~OAll'Oa SEP 1 0 2002 Chairman Kenneth Abemathy And Honorable Members of the Collier County Planning Commission August 21, 2002 Page 2 development. The Assessment shall recognize the substantial advantages of innovative approaches to development..." in order to achieve the mission and purpose of the Final Order. In addressing this requirement, the Rural Fringe Committee recommended a variety of techniques which have now been incorporated into the Rural Fringe Mixed Use District. These innovative planning and development techniques are transfer of development rights, buffers adjacent to major public rights-of-way, rural villages, density blending, open space and environmental protection. Each of these techniques is intended to provide an alternative method for creating the innovative_planning and development strategies. The TDR technique establishes receiving lands, neutral lands, and sending lands with specific criteria established for each of these areas. If it had been the intention to require TDRs to be part of the Density Blending development technique, then the designation of sending lands would have been applied to those areas identified for density blending which have large scale wetland areas that would have been eligible and properly identified as sending areas. Heritage Bay totals 2,562 acres. Of this total area, +830 acres could meet the criteria established for the sending lands. Of that total, ___530 acres are in a current conservation easement and therefore would not be eligible for TDR transfer. That leaves a balance of 300+ acres, 220 of which could have been identified as sending lands thereby creating 40+ TDRs from property within Heritage Bay. A golf course development of modem proportions requires 130 to 150 acres for development. Assuming the larger of these numbers, a 150-acre golf course under the TDR requirement must supply 30 TDRs to receive development approval. Heritage Bay has, as stated above, over 220 acres that could be designated as sending lands. Therefore, 40+ TDRs are available from environmentally-sensitive areas and could more than adequately supply the necessary TDRs to accomplish the development of a golf course under the TDR requirement. If TDRs are going to be required to develop a golf course in the density blending area, then the other portions of the TDR formula must also be eligible to the developer. This would mean that the 220+ acres of environmental lands on Heritage Bay not already in conservation easements should have been designated as sending areas. They were not. In fairness, if the Planning Commission is going to require the use of TDRs for the Heritage Bay golf course development, then the Planning Commission should also identify the 220+ acres as sending lands thereby accomplishing both components of the TDR program. _ $ E P ! ,,,?-7 Chairman Kenneth Abemathy And Honorable Members of the Collier County Planning Commission August 21, 2002 Page 3 o Under the Rural Fringe Mixed Use District, specific standards for development of golf courses within receiving areas are established. The language is very clear in stating "for golf course projects utilizing density blending provisions set forth in the density rating system of the FLUE: 1 dwelling unit per 5 gross acres. For golf course projects not utilizing density blending provisions including free standing golf course: the minimum density shall be 1 dwelling unit per 5 gross acres and 1 additional dwelling unit per 5 gross acres for the land area utilize as part of the golf course." It is clear from this portion of the adopted text that golf courses within the density blending areas were to be developed by different standards than golf courses developed in receiving lands not utilizing density blending provisions. This is because the ability to utilize density blending is tied to preserving environmentally-sensitive lands in the "Urban Area" portion of such a project and transferring the development rights (density) from the Urban environmental lands to receiving lands in the Rural Fringe. The maximum density allowed in receiving areas through the use of TDRs is 1 unit per acre. The maximum density allowed through density blending is 1.5 units per acre. Once again we see a clear recognition of different innovative planning techniques. Under additional TDR provisions of the adopted code you find the following language: ao "The TDR process shall be the only mechanism to achieve increased density within receiving lands excluding the density blending provision of this plan, and any density bonuses authorized in the Rural Fringe Mixed Use District." This provision again reinforces the concept that the TDR process was not intended to be applied to development within density blending developments. The Rural Fringe Committee recommended that the County hire Dr. Nicholas to research and provide guidance on the overall TDR concept and its potential application to the Rural Fringe area. Dr. Nicholas' report states that the TDR program can be accomplished successfully within Collier County. In response to a written follow-up question posed by the Florida Wildlife Federation representative, and by County staff, as to whether density blending adversely effects or compromises the potential of a TDR program, Dr. Nicholas stated that he saw no reason to prohibit density blending. He further stated that density blending is a type of TDR. A copy of Dr. Nicholas' response on density blending and TDRs is attached. SEP 1 0 2002 p~,. Chairman Kenneth Abernathy And Honorable Members of the Collier County Planning Commission August 21, 2002 Page 4 The purpose of the density blending technique is to create a better overall land use pattern by preserving ~nvironmentally important Urban lands and moving and combining the Urban densities with low rural densities and blending the total development potential into an overall planned development. Through this blending technique a development of higher quality and less overall environmental impact can be achieved. Sincerely, R. Bruce Anderson RBA/jtb Attachment: as stated cc: Collier County Comprehensive Planning Department w/attachment F:\usersXBETSY~Wp9~USHome~Heritage Bay PUD 2002~L~'. to CCPC re Comp. Plan Amendment 081602.doc SEP 1 0 2002 James C. Nicholas 313 Holland Hall University of Honda Gainesville. FL 326l 1 (352) 392-8832 (352~ 392-3005 Fax e-mail jcnicholas@msn.com MEMORANDUM TO: DATE: SUBJ: Stan Litsinger 13 January 2002 Additional Questions on TDR I am in receipt of three questions relating to the Rural Fringe Area/TDR program that I have recommended: 1. Would "density blending" adversely effect or compromise the potential of a TDR program? 2. Would the potential for high value/Iow density developments in the Rural Fringe Area obviate the need for TDRs? Would eliminating or somehow restricting approximately 3,500 acres of the Big Corkscrew Island Community as receiving areas alter the economic viability of the Rural Fringe Area TDR program, thereby creating the need for additional receiving areas? I will do my best to answer these questions. DENSITY BLENDING I would see "density blending" as a form of cluster development. TDR began as an offshoot of cluster development. When simple cluster, commonly through Planned Unit Development, achieves the preservation objective, it is the preferred means. Cluster does not require any creation of development rights or the transfer thereof. In many situations cluster was either impossible or not an effective means of achieving the planning objective. TDR was the alternative. I see this as coming full circle, be- ginning with cluster, progressing to TDR, and now looking to "density blending." The density blending proposal appears to have the same goal as the Rural Fringe Area TDR and employs the same basic mechanisms. Whether density blending is an appropriate method for a particular property or set of properties will have tn termined on a case-by-case basis. In my opinion density blending is a tyl~ of ~?,~ SEP 102002 ,~ · Page 2 January 13, 2002 and I see no reason to prohibit it. At the same time, I would recommend that it be a development option, perhaps by special exception, and not a use by dght. HIGH VALUE/LOW DENSITY DEVELOPMENT Cleady, there is a market for high value and Iow-density development, largely golf course development, in the Rural Fringe Area of Collier County. Developers have shown that they can profitably configure golf course developments at one unit per five acres. Twin Eagles is an obvious example. Does this possibility limit the eco- nomic desirability of TDR? I would answer this question in the affirmative. If a developer is faced with two eco- nomically viable options, one with and one without TDR, the developer will pick the most attractive altemative. To me this means that if TDRs were not available, or were not available at some "reasonable" price, development could continue in the Rural Fringe Area, albeit at very high values and presumably at relatively lower rates of absorption. There are two upper limits on the price of TDRs. The first is an income limit, meaning that the income generated by the sale of transferred units would have to exceed all of the costs associated with those additional limits, including the acquisition of the right. The second is a substitution limit. A developer would substitute the lower cost/higher profit development configuration for the higher cost/lower profit form. When non-TDR development is not economically feasible, then only the income limit applies. When non-TDR development is economically feasible, that form must compete with TDR development with the most profitable winning out. I have some familiarity with Twin Eagles. The very low density was, in my opinion, the result of regulatory limitations and not the desire of the developer. It appears to me that the market for developments such as Twin Eagles would accept densities higher than one unit per five acres. However, the market densities would still be Iow, less than one unit per acre, perhaps even less than one-half (two acre). This is largely due to the land area committed to the golf course together with the need for pdvacy providing large lots on the remainder of the land. Twin Eagles was one of the developments included in my sample. I have noted de- velopments in the same general area that share some characteristics with Twin Ea- gles. It would be expected that success would be copied, i was aware of this type of development and took it into consideration. It is very tempting to think about capturing some of the high value created by golf course developments. Whether there can be special TDR rules for g_olf col 's.e velopments is a legal question and beyond my purview. Clearly, golf {:oursl -~[iL~;NIII._~ ~"'~--~ SEP 1 0 2002 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, INCLUDING AMENDMENTS TO DIVISION 2.3, OFF-STREET PARKING AND LOADING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. OBJECTIVE: To respond to the Board's direction with respect to re-writing the Residential parking section of the Land Development Code (Section 2.3.5). The overall objective of the ordinance is to limit the number of vehicles that may be parked on a property and to indirectly limit the number of residents occupying a dwelling unit CONSIDERATIONS: The Board directed staff to draft language pursuant to the aforementioned objective. Specific language to that effect was previously adopted. The Board later directed stall' to re-write the language for ease of understanding. GROWTH MANAGEMENT PLAN: This proposal has no impact on the Growth Management Plan. FISCAL IMPACT: The adoption of the ordinance will have no immediate fiscal impact on the County however there are costs associated with personnel to implement the ordinance. Specifically, over time an increase in the number and complexity of regulations the Code Enforcement Department is charged with enforcing and the Planning Services Department is charged with interpreting will have a fiscal impact on these Departments which are primarily funded by application and building permit fee revenue, community development fund (113). CCPC RECOMMENDATION: The CCPC recommended unanimous approval with the recommendation that some frames, leniency was given to those guest vehicles parked on property for short time as well as clarification that the ownership of the vehicle could be considered acce ,i,~bl,-~'~,~ ~.ja' the vehicle was leased by the occupant of the dwelling unit. SEP 10 2002 STAFF RECOMMENDATION: Staff has incorporated the suggestion of the CCPC and recommends approval of the attached ordinance. PREPARED BY: //S~I~SA~-'~'RIfAY, AICP, MANAGER / PLANNING SERVICES DEPARTMENT DATE REVIEWED BY: MARGARET WUERSTLE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: DATE~//~ jOSEPH K. SCHMITT, ADMINISTRATOR !/C~MMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. SEP 1 0 2002 ORIGIN: Community Development & Environmental Services Division AUTHOR: Susan Murray, AICP, Manager, Planning Services Department DEPARTMENT: Planning Services LDC PAGE(S): LDC2:124.24.7 LDC SECTION: 2.3.5 CHANGE: To amend the current subsection, which was introduced and adopted in the 2nd, LDC amendment cycle of 2001 regarding the parking division 2.3 at reserved subsection 2.3.5 for the purposes of regulating the amount of space and locations, which can be used for automobile parking in residential areas. REASON: The revisions are primarily to make the regulation more easily understood. It does not substantively change what was originally adopted in the 2nd cycle of 2001. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.3.5. Passenger Vehicle parking in con,junction with residential structures. 2.3.5.1. Purpose and Intent. It is the intent and purpose of this section to limit the number of vehicles that may be parked on a property and to indirectly limit the number of residents occupying a dwelling unit and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. For purposes of this section, a passenger vehicle shall be defined as a car, pickup truck, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. These regulations shall apply to all passenger vehicle parking or storage of passenger vehicles in connection with residential structures which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses. The parking or storage of vechicles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: 2.3.5.2. Single_family dwelling units: The following requirements shall apply to those vehicles parked or stored of an enclosed structure: ~tsid~l)~ ~ SEP 1 0 2002 Vehicles shall be located in the front or side yards on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. The specifically designated area shall not exceed forty percent of the required front yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard and the total allowable area shall not exceed forty percent of the largest front yard. If the application of these regulations result in the maximum allowable width of the treated surface area to be less than 20 feet, then nothwithstanding the above requirements, the driveway may be constructed at a maximum width of 20 feet. Access to any lot shall only be made from a driveway having an approved right-of-way permit. No access is allowed through or across another lot. whether the lot is improved or unimproved. 2.3.5.3. Two family dwelIiny( units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure: 1. Vehicles shall be located in the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. The specifically designated area shall not exceed fifty percent of the required front yard. For properties with more than one front yard. the maximum allowable area shall be calculated using one front yard and the total allowable area shall not exceed fiftv percent of the largest front vard. 3. A driveway may be provided on each side of the two family structure. 4. If the application of these regulations result in the maximum allowable width of the treated surface area to be less than 20 feet. then not withstanding the above requirements, the driveway may be constructed at a maximum width of 20 feet. SEP 1 0 2002 Access to any lot shall only be made from a driveway having an approved right-of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. 2.3.5.4. Multiple_family (i. e. 3 or more dwelling units except for garden apartments as defined in Section 6. 3.) The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure: Vehicles shall be located in the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. Parking areas provided in excess of the minimum parking space requirements shall be clearly delineated by permanent markings on the surface. Those parking areas in excess of the minimum code requirements, shall not exceed a ratio of more than 2.0 spaces per dwellin~ unit. Access to any lot shall only be made from a driveway having an approved right-of-way permit. No access is allowed throu.eh or across another lot, unless the access is an improved, shared driveway or drive aisle designed to facilitate continuous access and interconnectivity between improved properties. 2.3.5.5. 2.3.5.6. 2.3.5.7. Single_family attached. Where structures consist of single family attached (i.e. row houses) dwelling units each with its own driveway to a common accessway, or public or private street, then all parking shall be limited to a designated driveway or driveway and garage combination. Vehicle ownership requirements. Vehicles parked and/or stored in connection with residential dwelling units as described above shall be owned (or leased) by the occupants or their guests of the dwelling units unless the vehicle is owned by a firm, corporation or entity for which the dwelling unit occupant is employed. This provision shall not be construed to apply to vehicles owned by persons or business firms visiting the site for social or business purposes. Parking in the right-of-way. No other portion of the front yard may be used to park or store vehicles including that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. SEP 1 0 2002 2.3.5.8. Non-conforming situations. Nonconforming situations that were otherwise lawful prior to the effective date of this section of the ordinance shall comply with this ordinance or any subsequent amendment to this ordinance within 90 days of its effective date. SEP 1 0 2002 ORDINANCE NO. 02- .a~N ORDINANCE AMENDING ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE INCLUDING AMENDMENTS TO DIVISION 2.3, OFF-STREET PARKING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and '~2-IEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2002; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold on July 30, 2002~ advertised public hearings and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendment to the LDC is hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, the Board of County Commissioners, on June 19, 2002, directed that a special Land Development Code amendment take place in July 2002, and; WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SEP 1 0 2002 SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et se_~_q., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January. 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 c_t ~. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems ^c,r o SEP 1 0 2002 that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.3, OFF-STREET PARKING AND LOADING ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, IS HEREBY AMENDED TO READ AS FOLLOWS: DIVISION 2.3 OFF-STREET PARKING AND LOADING Sec. 2.3.5. Passenger Vehicle I~arkin~ in conjunction with residential structures. 2.3.5.1. Purpose and Intent. It is the intent and purpose of this section to limit the number of vehicles that may be parked on a property and to indirectly limit the number of residents occup,Ang a dwelling unit and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. For purposes of this section, a passenger vehicle shall be defined as a car, pickup truck, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. These regulations shall apply to all passenger vehicle parking or storage of passenger vehicles in connection with residential structures which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses. The parking or storage of vechicles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: 2.3.5.2. Single family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure: Vehicles shall be located in the front or side yards on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. The specifically designated area shall not exceed forty percent of the required front yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard and the total allowable area shall not excee~l forty percent of the largest front yard. If the application of these regulations result in the maximum allowable width of the treated surface area to be less than 20 feet, then nothwithstanding the above requirements, the driveway may be constructed at a maximum width of SEP 1 0 2002 20 feet. Access to any lot shall only be made from a driveway having an approved right-of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. 2.3.5.3. Two family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure: Vehicles shall be located in the fi'ont or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. The specifically designated area shall not exceed fifty percent of the required front yard. For properties with more than one front var& the maximum allowable area shall be calculated using one front yard and the total allowable area shall not exceed fifty percent of the largest front yard. 3. A driveway may be provided on each side of the two family structure. If the application of these regulations result in the maximum allowable width of the treated surface area to be less than 20 feet, then not withstanding the above requirements, the driveway may be constructed at a maximum width of 20 feet. Access to any lot shall only be made from a driveway having an approved right-of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. 2.3.5.4..~dulttple family (i.e. 3 or more dwelling units except for garden apartments as defined in Section 6.3.) The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure: Vehicles shall be located in the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. Parkin~ areas provided in excess of the minimum parking space requirements shall be clearly delineated by permanent markings on the surface. Those parking areas in excess of the minimum code requirements, shall not exceed a ratio of more than 2.0 spaces per dwelling unit. Access to any lot shall only be made from a driveway having an approved right-of-way permit. No access is allowed through or across another lot, unless the access is an improved, shared driveway or drive aisle designed to facilitate continuous access and interconnectivity between improved properties. 2.3.5.5. 2.3.5.6. Single family attached. Where structures consist of single family attached (i.e. row houses) dwelling units each with its own driveway to a common accessway, or public or private street, then all parking shall be limited to a designated driveway or driveway and garage combination. Vehicle ownership requirements. Vehicles parked and/or stored in connection with residential dwelling units as described above shall be owned (or leased) by the occupants or their guests of the dwelling units unless the vehicle is owned by a firm, corporation or entity for which SEP 1 0 2002 2.3.5.7 2.3.5.8. the dwelling unit occupant is employed. This provision shall not be construed to apply to vehicles owned by persons or business firms visiting the site for social or business purposes. Parking in the right-o[-wa¥. No other portion of the fi'ont yard may be used to park or store vehicles including that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. Non-conforming situations. Nonconforming situations that were otherwise lawful prior to the effective date of this section of the. ordinance shall comply with this ordinance or any subsequent amendment to this ordinance within 90 days of its effective date. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SEP 1 0 2002 Pg. /// SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved As To Form And Legal Sufficiency Marjorie M. Student Assistant County Attorney SEP 1 0 2002 EXECUTIVE SUMMARY PETITION ST-2194, MICHAEL LANDY, P.E., OF LANDY ENGINEERING, INC., REPRESENTING SOUTHWEST FLORIDA OPPORTUNITY FUND, L.L.C., REQUESTING A SPECIAL TREATMENT DEVELOPMENT PERMIT TO CONSTRUCT A 11,200 SQUARE FOOT DRUG STORE AND A 266-SEAT RESTAURANT VIA THE SITE DEVELOPMENT PLAN APPROVAL PROCESS ON A 4.02-ACRE SITE ZONED C-3ST, LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF US-41 AND CR-951 IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained through the consideration of a Special Treatment Development Permit. CONSIDERATIONS: This petition was continued from the July 30, 2002 BCC meeting to allow the petitioner time to revise the conceptual site plan to show landscaping and building elevations. The petitioner requests a Special Treatment (ST) Development Permit to construct a 11.200 square foot drug store and a 266-seat restaurant via the site development plan approval process on a 4.02-acre site zoned C-3ST. As stated in section 2.2.24.2.1 of the Land Development Code (LDC). the ST overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by Code or by ordinance. All land within the ST overlay district shall be designated as environmentally sensitive. Section 2.2.24.1 of the Land Development Code states the purpose and intent of the ST overlay district,, and reads as follows: "Purpose and intent. Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in Collier County, or their contribution to their o~vn and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainage ways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this ('velia~GEm ; district regulation is to assure the preservation and maintenance of these environ nen~._., r~ ~ sgP 1 0 2002 and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time to permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." The subject property has an ST overlay over the entire parcel. Typically the ST designation is used to identify, jurisdictional wetlands on-site, the boundary of which is determined by the petitioner and then verified by the South Florida Water Management District, prior to submission of an application to the County. Jurisdictional wetlands are located along the eastern portion of the subject property, and total 1.31 acres. Final action on the site alteration plan or site development plan for a Special Treatment Permit lies with the Board of Count3' Commissioners. The applicant originally sought administrative approval of the Special Treatment "ST" development permit through an interpretation from the former Planning Services Director. The County Attorney's Office has since determined that the request would have to follow the procedures set forth in section 2.2.24.6 of the Land Development Code. A copy of the legal opinion from the County Attorney's Office is attached to the EAC staff report fbr reference. FISCAL IMPACT: This petition for a Special Treatment (ST) permit by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the vacant existing "C-3ST" zoned land will be further developed for retail uses. 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 Count>' must provide supplemental funds from other revenue sources in order to build needed facilities. The total amount of impact fees for the proposed commercial uses is $49,206.52. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a ._. method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates.SC'E~A}~'~ ~o. ~f~ . SE? 1 0 002 2 ~ Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development' takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywvide and would therefore bring about a countDvide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban-Mixed Use District, Urban Residential Sub- district that is intended to provide higher densities and where existing and planned public facilities are concentrated. This district is also within Activity Center 18 that permits non- residential uses and commercial uses consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: Future Land Use Element: The subject site is currently zoned C-3 and is adjacent to a commercial tract of the PUD project to the north. The pre-existing C-3 zoning may be deemed consistent with the ActMty Center Sub-district Future lm~d Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states. "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that. Policy 2.2.2 states, "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing. quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with Objective 2.2 and policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing a dry detention area connected to an indigenous preserve and water management area 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." The loss of 1.08 acres (82 percent) of the viable freshwater wetlands on this site may be considered unacceptable and therefore may be inconsistent with Objective 6.2. SEP I 0 2002 3 Pg, ":~ 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." This project is consistent with this policy in providing for off-site mitigation pursuant to SFWMD mitigation rules. Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate." Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the prese~,'ation area and the proposed activity." The loss of 1.08 acres (82 percent) of the wetlands on-site may be considered inconsistent with Policy 6.4.7. It is staff's opinion that the applicant has not reasonably accommodated both the preservation of wetlands on-site and the proposed activity. ENVIRONMENTAL ISSUES: Approximately 1.31 acres of South Florida Water Management District {SFWMD)/Collier County jurisdictional wetlands occur on the subject property. These wetlands extend off-site on undeveloped lands to the east. The combined size of both the on and off-site wetland is estimated to be 5 to 6 acres. The project as proposed will impact 1.08 acres (82 percent) of the wetlands on-site. Mitigation was provided by the applicant through the purchase of 1.86 credits at the Panther Island Mitigation Bank. Off: site mitigation included impacts for all of the wetlands on-site. The SFWMD Environmental Resource Permit for the project was issued on October 11,2001. Approximately 1.77 acres of native vegetation exist on the subject property. This includes 1.31 acres of SFWMD/Collier County jurisdictional wetlands and 0.46 acres of pine, oak and cabbage palm on the upland portion of the site. The minimum preservation requirement for the site, pursuant to 3.9.5.5.4 of the Land Development Code, is 0.18 acres (10 percent of the existing native vegetation found on the property). Observations for protected species were made while conducting site visits for vegetation mapping, wetland flagging, and wetland jurisdictionals. No protected species were observed on or adjacent to the property. SEP 0 2002 HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff is constrained from recommending approval of the Special Treatment Development Permit Number: ST-2194, "Center Point" for the following reasons: Section 2.2.24 of the Land Development Code identifies lands of environmental sensitivity where the ecological value of the land is not adequately protected under the basic zoning district regulations established by Code or ordinance. The subject property has a Special Treatment (ST) overly, of which 1.31 acres are vegetated with a forested freshwater wetland containing laurel oak, cypress, red maple and cabbage palm. This wetland has been determined to be jurisdictional by the South Florida Water Management District. Freshwater swamps are identified in section 2.2.24.1 of the Land Development Code as a type of habitat requiring protection under the Special Treatment (ST) regulations. The petitioner proposes to impact 82 percent (1.08 acres) of the jurisdictional wetlands on-site and to provide mitigation off-site as compensation. The remaining 0.23 acres of wetlands are proposed to be retained on-site within a proposed stormwater retention area. The purpose of this overlay district regulation as stated in section 2.2.24.1 of the Land Development Code, is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those ~pes of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing. It is staff's opinion that an 82 percent impact, regardless of off-site mitigation, is an unacceptable level of impact to ST designated land containing environmentally sensitive habitat. Conversely. this wetland area has been impacted by the surrounding development including the Falling Waters Beach Resort PUD the north. These impacts may impinge on the long-term viability of this "ST" land as a functioning wetland. EAC RECOMMENDATION: The Environmental Advisory Council heard,this petition at its July 3, 2002 meeting. A motion was made by Council Member Carlson and seconded by Council Member Santoro to support staff's recommendation of denial of ST-2194. The vote on the motion passed unanimously, 6 to 0. SEP 1 0 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on July 18, 2002. By a 5 to 2 vote, the CCPC forwarded Petition ST-2194 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners that voted in favor determined that the project would not result in an unacceptable loss of viable naturally functioning wetlands. Since this petition did not receive a unanimous vote for approval, this petition could not be placed on the summary agenda. 6 SEP 1 0 2002 ~'l..,, ,k_~ S'TEP~I~N LENBERGE ~~NVIRONMENTAL SPECIALIST CURRENT PLA lNG SECTION ~:LAy{/q, EL'LOWS. CHIEF PLANNER CURI~ENT PLAN~'NING SECTION .6.oL. DATE DATE REVIEWED BY: SUSAN MURRAY, AICP, MANAGER CUR~R_ENT PLANNING SECTION MARGARET WUERSTLE, AICP. DIRECTOR PLANNING SERVICES DEPARTMENT DATE i DATE APPROVED BY JOSEPH K. SCHMITT, ADMINISTP~ATOR CONIMUNITY DEVELOPMENT & ENVIRONMEN'I'AL SERVICES DIVISION DA~E ST-2194/EXECUTIVE SUMMARY/SL 7 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JULY 18, 2002 PETITION: ST-2194. CENTER POINT OWNER/AGENT: Agent: Owner: Michael Landy. PE Landy Engineering, Inc. 2780 South Horseshoe Drive Naples, Florida 34104 Southwest Florida Opportunity Fund, LLC 2223 Trade Center Way Naples, Florida 34109 REQUESTED ACTION: The petitioner requests a Special Treatment (ST) Development Permit to impact property zoned C- 3ST. As proposed, the project will impact 1.08 acres (82 percent) of'the wetlands on-site. GEOGRAPHIC LOCATION: The subject property is located at the Northeast corner of the intersection of US-41 and Collier Boulevard (CR-951) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests a Special Treatment (ST) Development Permit to construct a 11,200 square foot drug store and a 266oseat restaurant via the site development plan approval process on a 4.02- acre site zoned C-3ST. SEP } 0 2002 SEP 1 0 2002 P~' Map Output Page I of I ST-2194 SEP 1 0 2002 corn.esri.esrimap. Esrimap?Ser¥iceName:ccpa_design&ClientVersion:3.1 & Form=True& En(8 6 2002 The Land Development Code requires Special Treatment (ST) Development Permit to be submitted to the Environmental Advisory Council and Collier County Planning Commission for their review and recommendations. Final action on Special Treatment (ST) Development Permits lies with the Board of County Commissioners. SURROUNDING LAND USE AND ZONING: Subject Parcel: Undeveloped; zoned C-3ST Surrounding: North: East: South: West: Falling Waters Beach Resort; zoned PUD Undeveloped; zoned Agricultural Tamiami Trail (US-41 ) Collier Boulevard (CR-95 l) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District. Urban Residential Sub-district that is intended to provide higher densities and where existing and planned public facilities are concentrated. This district is also within Activity Center 18 that permits non-residential uses and commercial uses consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analvsis with applicable elements of the GMP is as follows: Future Land Use Element: The subject site is currently zoned C-3 and is adjacent to a commercial tract of the PUD project to the north. The pre-existing C-3 zoning may be deemed consistent with the Activity Center Sub-district Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states, "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that. Policy 2.2.2 states, "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality' of fresh water (discharge) to the estuarine system." This project is consistent with Objective 2.2 and policy 2.2.2 in that it attempts to mimk the quality and quantity of water leaving the site by utilizing a dry detention area corn nr enhanxg ected~~ SEP 1 0 2002 indigenous preserve and water management area 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." The loss of 1.08 acres (82 percent) of the viable freshwater wetlands on this site may be considered unacceptable and therefore may be inconsistent with Objective 6.2. 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." This project is consistent with this policy in providing for off-site mitigation pursuant to SFWMD mitigation rules. Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate." Policy 6.4.7 states. "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development reviev¢ 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." The loss of 1.08 acres (82 percent) of the wetlands on- site ma>' be considered inconsistent with Policy 6.4.7. Staff. believe that the applicant has not reasonably accommodated both the preservation of wetlands on-site and the proposed activity. 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. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this Special Treatment Development Permit on transportation and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. The Collier County Transportation Planning Department met with the petitioner and the owner of the property immediately to the east, during their representative pre- application meetings, and instructed (in accordance with section 2.6.38.4.3 of the Land~,,,~ ~,,' Code) to provide interconnection to each other's sites. SE? I 0 2002 ANALYSIS: As stated in section 2.2.24.2.1 of the Land Development Code (LDC), the ST overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by Code or by ordinance. All land within the ST overlay district shall be designated as environmentally sensitive. Section 2.2.24.1 of the Land Development Code states the purpose and intent of the ST overlay district, and reads as follows: "Purpose and intent. Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in Collier County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier Count)'. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainageways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time to permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." The subject property has an ST overlay over the entire parcel. Typically the ST designation is used to identify jurisdictional v,'etlands on-site, the boundary of which is determined by the petitioner and then verified by the South Florida Water Management District, prior to submission of an application to the Count,','. Jurisdictional wetlands are located along the eastern portion of the subject property and total 1.31 acres. These wetlands consist of forested freshwater wetlands containing oak. cypress, red maple and cabbage palm. Final action on the site alteration plan or site development plan for a Special Treatment Permit lies with the Board of Count5' Commissioners. The applicant originally sought administrative approval of the Special Treatment "ST" development permit through an interpretation from the former Planning Services Director. The County Attorney's Office has since determined that the request would have to follow the procedures set forth in section 2.2.24.6 of the Land Development Code. A copy of the legal opinion from the Count3' Attorney's Office is attached to the EAC staff report for reference. 4 SEP 1 0 2002 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The applicant requested that the petition be hear by the Environmental Advisory. Council, Collier County Planning Commission, and Board of County Commissioners as soon as possible. At the applicant's request, the Community Development and Environmental Services Administrator scheduled the petition for the July 30, 2002 Board of County Commissioners meeting. The Environmental Advisory Council will have heard the petition on July 3, 2002, after this staff report has been prepared. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends denial of Special Treatment Development Permit ST-2194, "Center Point" for the following reasons: Section 2.2.24 of the Land Development Code identifies lands of environmental sensitivity where the ecological value of the land is not adequately protected under the basic zoning district regulations established by Code or ordinance. The subject property has a Special Treatment (ST) overly, of which 1.31 acres are vegetated with a forested freshwater wetland containing laurel oak, cypress, red maple and cabbage palm. ]'his wetland has been determined to be jurisdictional by the South Florida Water Management District. Freshwater swamps are identified in section 2.2.24.1 of the Land Development Code as a type of habitat requiring protection under the Special Treatment (ST) regulations. The petitioner proposes to impact 82 percent (1.08 acres) of the jurisdictional wetlands on-site and to provide mitigation off-site as compensation. The remaining 0.23 acres of xvetlands are proposed to be retained on-site within a proposed stormwater retention area. The purpose of this overlay district regulation as stated in section 2.2.24.1 of the Land Development Code, is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing. Staff does not believe that an 82 percent impact, regardless of off-site mitigation, is an acceptable level of impact to ST designated land containing environmentally sensitive habitat. 2002 PREPARED BY: STEPHEI~ LENBERGER ENVIRONMENTAL SPECIALIST RA~OND V. BELLOWS CHIEF PLANNER REVIEWED BY: ~S~USAN MURRAY, AICP / INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: IRONMENTAL SERVICES DMSION ADMINISTRATOR '" Petition ST-2194 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/currentYreischl/rezones/cays/staffi'eport/S T-2194 .~ SEP I t] ZOD2 Item IV.A ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 3~ 2002 II. III. IV. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: LOCATION: Special Treatment Permit No. ST-2194 Center Point SW Florida Opportunity Fund, LLC Landy Engineering, Inc. Boylan Environmental Consultants. Inc. The subject property is a 4.02 acre site located at the Northwest comer of the intersection of Collier Boulevard and U.S. 41. in Section 3, Township 51 South, Range 26 East. Collier County. Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels, and two roadways. ZONING DESCRIPTION N - PUD (Falling Waters Beach Resort) Partially Developed S - R.O.W. U.S. 41 E - Agricultural Undeveloped W - R.O.W. Collier Boulevard PROJECT DESCRIPTION: The petitioner is requesting a Special Treatment "ST" Permit on the subject 4.02- acre site that is zoned C-3ST. The petitioner proposes to construct an 11,200 square foot drug store and a 266-seat restaurant via the site developm~am~J,~ approval process. [ ~ ,tJS~'' SEP 02002 EAC Meeting Page 2 of 9 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Residential Fringe Sub-district that is intended to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Designated Area. This district also permits non-residential uses and commercial uses subject to the location and development criteria of the Office and Infill Commercial Sub-district of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: Future Land Use Element: The subject site is currently zoned C-3 and is adjacent to a commercial tract of the PUD project to the north. The pre-existing C-3 zoning may be deemed consistent with the Office and Infill Commercial Sub-district Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states. "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water qualiu' 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 Objective 2.2 and policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing a dry detention area connected to an indigenous preserve and water management area 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'" The l°ss °f viable freshwater we~nd2~w-~ EAC Meeting Page 3 of 9 VI. this site may be considered unacceptable and therefore may be inconsistent with Objective 6.2. 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." This project is consistent with this policy in providing for off-site mitigation pursuant to SFWMD mitigation rules. Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate." Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. \Vhen several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. }towever 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." The loss of 1.08 acres (82 percent) of the wetlands on-site may be considered inconsistent with Policy 6.4.7. Staff: believe that the applicant has not reasonably accommodated both the preservation of wetlands on-site and the proposed activity. MAJOR ISSUES: Stormwater Management: Center Pointe is a proposed commercial project on the north east comer of County Road 951 (Collier Boulevard) and U.S. 41. The site is located within the Henderson Creek Basin. The existing ditch along U.S. 41 is maintained by Collier County Stormwater Management. The Water Management for this site consists of a dry' detention area connected to a wetland preserve. These areas will provide the water quality retention and water quantity peak flow attenuation required to throttle the discharge rate down to acceptable levels. The project will be permitted by SFWMD because of the amount of wetlands on-site. SEP 1 0 2002 EAC Meeting Page 4 of 9 Environmental: Site Description: A fruit stand currently exists on a portion of the subject property. Scattered slash pines, oaks, cabbage palms and ornamental vegetation are located on the developed portion of the property. The eastern third of the site contains a forested freshwater wetland vegetated with laurel oak, cypress, red maple and cabbage palm. Groundcovers in the wetland, consists mainly of swamp fern and sedges. Existing fruit stand located on the developed portion of the property. Looking east at the forested freshwater wetland on the east side of the property. A single soil type is found on the property, Pineda Fine Sand, limestone substratum (Soil Map Unit No. 14). This soil ¢"pe is listed as hydric by the Natural Resources Conservation Service (NRCS). $EP I 0 2002 Pg. , EAC Meeting Page 5 of 9 Site elevations vary from a high of approximately 9.1 feet NGVD on the developed portion of the property, to a low of approximately 3.6 feet NGVD in the wetlands on-site. The control elevation for the project is 5 feet NGVD, and was established according to adjacent projects and roadways. The adjacent U.S. 41 Canal is controlled by the Big Cypress Basin (Structure Hen CR-1) and is operated at 5.00 to 6.00 feet NGVD. Special Treatment (ST) Overlay: As stated in section 2.2.24.2.1 of the Land Development Code (LDC), the ST overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by Code or by ordinance. All land within the ST overlay district shall be designated as environmentally sensitive. Section 2.2.24.1 of the Land Development Code states the purpose and intent of the ST overlay district, and reads as follows: "Purpose and intent. Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in Collier County, or their contribution to their own and adjacent ecosystems. make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands. hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes. natural drainageways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time to permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." The subject property has an ST overlay over the entire parcel. Typically the ST designation is used to identify jurisdictional wetlands on-site, the boundary of which is determined by the petitioner and then verified by the South Florida Water Management District, prior to submission of an application to the County. Jurisdictional wetlands are located along the eastern portion of the subject property and total 1.31 acres. Final action on the site alteration plan or site development plan for a Treatment Permit lies with the Board of County Commissioners. The a[ originally sought administrative approval of the Special Treatmen! ~ SEP 102002 EAC Meeting Page 6 of 9 development permit through an interpretation from the former Planning Services Director. The County Attorney's Office has since determined that the request would have to follow the procedures set forth in section 2.2.24.6 of the Land Development Code. A copy of the legal opinion from the County Attorney's Office is attached to this staff report for reference. Wetlands: Approximately 1.31 acres of South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands occur on the subject property. These wetlands extend off-site on undeveloped lands to the east. The combined size of the on and off-site wetland is estimated to be 5 to 6 acres. The project as proposed will impact 1.08 acres (82 percent) of the wetlands on- site. Mitigation was provided by the applicant through purchase of 1.86 credits at the Panther Island Mitigation Bank. Off-site mitigation included impacts for all of the wetlands on-site. The SFWMD Environmental Resource Permit for the project was issued on October 11. 2001. Preservation Requirements: Approximately 1.77 acres of native vegetation exist on the subject property. This includes 1.31 acres of SF\VMD/Collier County jurisdictional wetlands and 0.46 acres of pine, oak and cabbage palm on the upland portion of the site. The minimum preservation requirement for the site, pursuant to 3.9.5.5.4 of the Land Development Code. is 0.18 acres (10 percent of the existing native vegetation found on the property). Looking east towards the undeveloped portion of the property. The jurisdictional wetland is in the background. SEP 1 0 2002 EAC Meeting Page 7 of 9 VII. Listed Species: Observations for protected species were made while conducting site visits for vegetation mapping, wetland flagging, and wetland jurisdictionals. No protected species were observed on or adjacent to the property. RECOMMENDATIONS: Staff recommends denial of Special Treatment Permit No. ST-2194 "Center Point" for the following reasons: 1. Section 2.2.24 of the Land Development Code identifies lands of environmental sensitivity where the ecological value of the land is not adequately protected under the basic zoning district regulations established by Code or ordinance. 2. The subject property has a Special Treatment (ST) overly, of which 1.31 acres are vegetated with a forested freshwater wetland containing laurel oak, cypress. red maple and cabbage palm. This wetland has been determined to be jurisdictional by the South Florida Water Management District. Freshwater swamps are identified in section 2.2.24.1 of the Land Development Code as a type of habitat requiring protection under the Special Treatment (ST) regulations. 3. The petitioner proposes to impact 82 percent (1.08 acres) of the jurisdictional wetlands on-site and to provide mitigation off-site as compensation. The remaining 0.23 acres of wetlands are proposed to be retained on-site within a proposed stormwater retention area. The purpose of this overlay district regulation as stated in section 2.2.24.1 of the Land Development Code. is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing. 4. Staff does not believe that an 82 percent impact, regardless of off-site mitigation, is an acceptable level of impact to ST designated land containing environmentally sensitive habitat. , SEP 102007 [ EAC Meeting Page 8 of 9 PREPARED BY: ST~ C.RZ~OW~, e.~. ENGINEER SENIOR ~. AbA~eIES MINOR. P.E. ENGINEER SENIOR STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST REVIEWED B Y: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR DATE DATE DA'~E 4 ./7.oz. DATE DATE SEP 1 0 2002 EAC Meeting Page 9 of 9 SJ~AN MURRAY, AICP CURRENT PLANNING MANAGER / INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: //CyOMM UNL.,.ADMiNiS TITR~YToR DEVELOPMENT ENVIRONMENTAL ADVISORY COUNCIL ENVIRONMENTAL SERVICES THOMAS W. SANSBURY, CHAIRMAN SLJgdh/c: StaffReport SEP ! 0 2007 MEMORANDUM DATE: March 18, 2002 TO: FROM: Susan Murray, AICP, Interim Planning Services Director y~ Patrick G. White, Assistant County Attorne RE: ST Designation - Center Pointe RLS # PLS 02030417 You have asked a sedes of questions with regard to the referenced request. As background, my understanding is that on July 28, 1987, the Board of County Commissioners (BOCC) approved Ord. # 87-59. This Ordinance rezoned the subject property to a conventional C-3 Zoning District and imposed an "ST" designation over all 4.02 acres + of the subject project. Along with the Ordinance reflecting the zoning approval an~ ST designation, Mr. Tony Pires (attorney for the property owner) also provided me with an "Agreement" attached to the Ordinance which pertains to certain conditions (stipulations). My review of the attached "Agreement" reflects that it was not "signed or sworn to" by the then property owner until August 4, 1987. This appears to be at a point in time where the already adopted Ordinance was actually en route to the Secretary of State's office, where it was filed and became effective on August 5, 1987. Thereafter, the Ordinance was not received from the Secretary of State by the Clerk of Courts until August 10, 1987. Because the Agreement was not signed until August 4, 1987, it is not possible that an agreement binding the property owner could have been included as part of the Ordinance which the BOCC approved ~ July 28, 1987. This conclusion is bolstered by the fact that the Ordinance nowhere makes reference to the Agreement and fails to incorporate the Agreement as part of the Ordinance. The Agreement is not even identified as an exhibit to the Ordinance. In contrast, Ord. # 87-64 (provided by your office for a comparative review of the typical process followed in the late 1980's for similar rezoning requests) dearly shows that when staff and the BOCC intended to include such agreements as part of an ordinance there was an established form and precise means to do so. By comparison, Ord. # 87-64 also created commercial zoning and imposed an "ST" designation on a parcel of land of almost the same exact size. This Ordinance expressly stated that the "ST" designation was "per the stipulations contained in the Agreement sheet" which was "attached" to the Ordinance and was "incorporated" as part of the Ordinance. The Agreement was labeled, referred to, and identified as, Exhibit "A." Additionally, the date the Agreement was "sworn and subscribed to" by the property owner was July 16, 1987, which was the date of the prior Collier County Planning Commission (COPC) meeting. That Ordinance was approved by the BOCC on August 11, 1987, and was filed by the Secretary of State and became effective on August 17, 1987. Page 1 of 5 S? 1 0 2~02 From Ord. # 87-64 and its attached Agreement we see that the forms and process to create legally effective conditions on "ST' designated lands were available and used when required. Admittedly, although the desire of the staff and property owner, may have been to include the ~Agreement" as part of Ord. # 87-59, the facts lead this office to conclude that from the documents provided the stipulations/conditions in the Agreement attached to Ord. # 87-59 are not, and never have been, legally effective. This is a reasonable conclusion in light of a contemporaneous ordinance that also imposed an "S'F' designation where an almost identical agreement was timely adopted and expressly made legally effective. Accordingly, the following answers will be based on the foregoing conclusion, except where stated assumptions may be made in order to provide a more meaningful answer. The answers are provided in the order of the questions you have asked. You first ask what the County's current regulations allow the Planning Services Director (PSD) to do with respect to wetlands when other agencies with jurisdiction to regulate the development of such wetlands have issued permits or otherwise authorized the property owner to clear and develop those lands. As you .may well know, Collier County does not have an express set of regulations specifically providing for the preservation of wetlands. In fact, the current policy of the County appears to be one of acquiescing to the determinations of the South Florida Water Management District (SFVVMD) and Army Corps of Engineers (ACOE). In this case the ACOE has advised the property owner that "no permit" is required for the proposed project. Similarly, the SFVVMD has issued a permit allowing the purchase of off-site mitigation credits and has only required the preservation of 0.23 acres of wetlands as part of the project's stormwater management system. / The only requirements which appear to regulate the preservation (or not) of wetlands are those found in the LDC's "ST" provisions to the extent such wetlands would be required to be preserved as part of the approval of an SDP or SIP for lands designated "ST." Because the subject lands are so designated, this office is of the opinion that even if the SFVVMD and ACOE have granted permits to allow development activities to occur within the wetland area of the subject site's "ST" overlay, the PSD may, consistent with the provision of LDC § 2.2.24, et seq., require preservation of on-site wetlands under appropriate facts. Second, you asked whether the LDC allows for an administrative removal of the "ST" overlay, provided the applicant submits the above-referenced permits. Regardless of whether the applicant submits any permits authorizing development, LDC § 2.2.24.2.1., makes clear that the only permissible means of removing an "ST" overlay from a zoning district is through the zoning code and official zoning atlas amendment process found in LDC Division 2.7. Third, you ask essentially the same question again except as to whether there is an SEP 1 0 2002 again assuming the above-referenced permits are provided. You reference LDC § 2.2.24.5., as part of your question. This section requires an applicant to apply for and obtain approval of such plans by the BOCC, as provided for in LDC § 2.2.24.6,, Jr~ .that section review and recommendation are required by appropriate county staff, the Environmental Advisory Council (EAC), and CCPC before such site plans can be considered for final action by the BOCC. The only exception from these procedures is for those lands' comprising less than 20 acres where no transfers of development rights are involved. If these conditions are met, then so long as the provisions of LDC § 2.2.24.8., can otherwise be met by the application, then the PSD may administratively approve the applicant's site alternation or site development plan. The same would be true for activities which qualify for an "exemption" under LDC § 2.2.24.9., which does not, however, appear to pertain to this project. In order to more fully answer this question, and assuming for the moment that the conditions of the Agreement in Ord. # 89-57 were held to apply to the facts of this case, this office is of the opinion that neither paragraph "h." or "1." of that Agreement would act to override the above-cited LDC provisions. Paragraph "h." purports to reduce the size of the "S'F" overlay to only those portions of the 4.02 acre site, which are determined to have jurisdictional wetlands specifically located on the sitel This provision conflicts with the express terms of the Ordinance itself which, in its only operative provision, imposes an ST designation over the entirety of the subject lands. Much has been made of the effect of Paragraph "1.," but this office reads this provision (notwithstanding its convoluted and complex phrasing) to simply be a "timing" provision. Stated differently, Paragraph "1." merely precludes al.~l development activity outside of the wetland jurisdiction area until after compliance within the permitting requirements of "all appropriate local, state and federal agencies for any use [or] activity within the [wetland] jurisdictional area." (Emphasis added). Thus, even if the state and federal agency permits are obtained (as here), the remaining requirement to comply with the local permit provisions, i.e., those in LDC § 2.2.24, has not been obviated. Accordingly, these provisions of the Agreement do not act to afford the applicant any greater relief even if they were effective. Although, the applicants may argue that when these provisions were considered in the prior PSD's letter, they lead to the inescapable conclusion that their SDP must be administratively approved, this office, after carefully considering the referenced letter, does not reach that same conclusion. At most, the letter should be read to state, consistent with this office's recognition that Paragraph "1." is merely a "timing" provision, that once a site development plan was submitted, it would not be approved until the needed permits were received. This is clearly recognition that no SDP approval could occur, administratively or otherwise, until the permits were provided, if the letter is argued to be a "shoehorning" in of the provisions of the "exceptions" section of the LDC in § 2.2.24.8., then arguably, the applicant's proposed SDP, regardless of other agency permits, would still have to qualify for such an excepbon under the terms of LDC § 2.2.24.8. Page 3 of 5 SEP 1 0 2002 After reviewing the detailed "exception" criteria in LDC § 2.2.24.8.1.a., this office concludes this provision, as written, can logically only apply to lands (or portions, of a site's lands) that would not otherwise qualify for an "ST" designation, in essence, the provision allows an "exception" only if the SDP proposes or requires no activities which are almost universally required to develop any parcel of land regardless of its environmental sensitivity or not. For example, only a sufficiently elevated site (i.e., above flood level) with its own natural, on-site retention of all of its stormwater, and that was devoid of flora and fauna (except exotics), would, appear to qualify fo~ this exception. Given that all LDC provisions should be read (and applied) to afford them meaning, it was not beyond the exercise of reasonable professional judgment for the prior PSD to apply these exception provisions in this case in a way to have concluded that an administrative approval would be warranted. This is especially true in light of the assumed applicability of the Agreement's provisions pertaining to providing' permits from the other agencies. As stated above, this office's opinion is that the Agreement was never legally effective, thus, any staff opinion relating thereto was not unsupported by both the record and the then existing regulations. Your fourth question asks what the proper procedure is for an applicant to resolve a conflict between two differing interpretations of successive PSD's. This office believes that under the present facts and apparently differing "interpretations" being Offered, the LDC affords the applicant the opportunity to request an Official Interpretation under LDC Division 1.6, to resolve any perceived "conflicts" in successive "interpretations" of the County's regulations. If dissatisfied with a more recent Official Interpretation of the current PSD, the applicant many appeal to the BZA for review. To summarize, this office concludes that, absent a judicial determination otherwise, the Agreement's provisions are not deemed legally effective. Additionally, assuming solely for the sake of argument that such provisions were considered to be legally effective, there is nothing in the Agreement which alters the applicability of the provisions of LDC § 2.2.24. As such, in order to entirely remove the subject parCel's "ST" designation, the procedures of LDC § 2.2.24.2.1., and Division 2.7., must'be followed. In an effort to clarify the actual scope of the "exceptions" set forth in LDC § 2.2.24.8. (especially sub-section 1.), this office recommends the immediate re-drafting of these provisions. Lastly, absent qualifying for an exception allowing for administrative approval, the subject project's SDP must be approval pursuant to LDC §§ 2.2.24.4., 2.2.24.5., and 2.2.24.6., as is expressly stated at the very end of LDC § 2.2.24.8. Please let me know if you require any further assistance in this matter. PGW:k.i't SEP 1 0 2002 CC: David C. Weigel, County Attorney Marjorie M. Student, Assistant County Attorney Joseph K. Schmitt, Administrator, Community DevelOpment & Environmental Services Division Steve Lenberger, Environmental Specialist Barbara Burgeson, Sr. Environmental Specialist SEP 1 0 2002 July 31, 2000 Mr. An~o~.y P. Ph'~, Jr. Woodwm'0., Pir~s, & Lotabatdo, P.A. 801 Lmtr~l Oak Dr., Suite 710 Naples, F1.,34108 R~: Orclinat~¢ 8%59 [R-$?-3c] NE Ime,~cfiort ColLier Boulevard mad US 41 E. D~x Mr, Pir~s Ftwther to o~ discu~$iott concerning the applicabilky of ~ s~ ~cn~ent ov~lay on the p~PY r~f~d a~ve, ~d condi~ons w~ ~i~ refereed ~wlopment approv~(i.~, ord. 87-59), it is our positioa ~at ~e ~ip~a~ of ~'~ l~raph to ~ a~i~s~ati~ly det~n~ at t~ ~me of site d~'elopra~m p]~ app:ov~. For pu~oses of complyi~ ~th ~ sfip~atiou h is oar opi~on ~c s~aal Ircalm~t ~ f~la wi~n ~ j~icfon of ~e Sou~ ~ofida Wat~ M~ag~m~t Dis~c~. Should ~ey d~e~* ~ approve p:r~ts for inclusive of ~is ~ ~at ~fion ~511 be s~cient for Co~li~ Co~9' to cc.ncl~e stipx~tion hm~ ~ met. A site devclopmoat pt~ submiued ap~oved ~h~ pe~lts ~om ~ Wa~er h~gem~nt Di~ct ~d ~my C>~ of E~,e~rs ~e received, lf~e agencies ~iow devetopm~ ~ea of ~e identi~ed sp~i~ rr~mx~t overlay dispel, fl~ ~s~ appa)vMs will become. p~ of ~te SDP approve. If I cm~ ~ offer assi~aalce, ple~s~ do nol h~ilale ~o Ko btrrt I. Phon~ (941) 4011-2400 Fax (941) 645.6'96~ w,,-w.co.ceiEer. Ru~ SEP 1 0 2002 I " COLLIER COUNTY COMMUNI~ DEV. & ENVIRONMENTAL SVCS. DMSION PLANNINO SERVICES DEPARTMENT CURRENT PLANNINO SECTION DEVELOPMENT PERMIT PETITION FOR "ST" LAND PETITION NO.: ST- PETITIONER'S NAME: PETITIONER'S ADDRESS: DATE: I PROPERTY OWNER'S NA.M~: G~~ LO~TION: LE~ DESCRIPTION NATURE OF PETITION: S'1"~'~7-- 0~Na-~O-0~c'~J~ NOTE: THIS PETITION MUST BE ACCOMPANIED BT A PLOT PLAN AND ANY OTHER APPLICABLE INFORMATION AND DATA REQUIRED BY THE DIRECTOR. Filing Fee: ~ ~O.O~ Date: ($150.00 minimum 5 acres or less, plus acres; $1,50o.00 maximum~ee) Signature of Petitioner $50.00 per acre over 5 ...... THIS SPACE FOR OFFICE USE ONLY- On-site Inspection By: i Comments: SEP..1 n 2002 fi) ~A ITEk4 SEP 1 0 2002 Center Point Environmental Impact Statement Collier County Section 03, Township 51 South, Range 26 East Approximately 4.02 Acres Prepared by: l~ylan '--~C nvironme~a~L.--- Consultants,~c. Wetland & Wildlife Surve~onmental Permitting, Impact Assessments 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33912 Phone: (941) 418-0671Fax: (941) 418-0672 February 5, 2002 Revised: April 30, 2002 SEP 1 0 3132 I I I i I I I I I ! I I I I ! I ! I I 3.8.5.1 Applicant information 1. Responsible owners who wrote the EIS and his/her education and job related environmental experience: Jeremy Sterk, B.S., Aquatic Biology, 7 years job related experience. 2. Owner/Agent name & address: Patrick Moorton Southwest Florida Opportunity Fund, LLC 2223 Trade Center Way Naples, FL 34109 3. Affidavit of proof of authorized agent: See attached letter. 3.8. 5.2 Development and site alteration information 1. Description of Proposed Use. The proposed use is a 4.02 acre commercial development.: 2. Legal Description of Site. THE NORTHWEST QUARTER (NW 1/4) OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER (NW 1/4) RIJN WITH THE SECTION LINE NORTH 89o23'53'' WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE WITH SAID RIGHT-OF-WAY LINE SOUTH 35°40'08" WEST A DISTANCE OF 887.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH SAID RIGHT-OF-WAY LINE SOUTH 35040'08" WEST A DISTANCE OF 365.00 FEET TO ITS JUNCTION WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 90; THENCE WITH THE RIGHT-OF-WAY LINE OF STATE ROAD 90 SOUTH 24° 19'52 EAST A DISTANCE OF 69.99 FEET AND SOUTH 54°20'16'' EAST A DISTANCE OF 159.38 FEET; THENCE NORTH 35°39'44" EAST A DISTANCE OF 400.00 FEET; THENCE NORTH 54°20'16" WEST A DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THE NORTHWEST QUARTER (NW 1/4) OF SECTION 3, TOWN: SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: G:~BEC\C-D Projects\Center Point(9951 )\Collier County El SEP 1 0 20112 I I I, I I ! I I [ ! I I I I i I FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER (NW 1/4) RUN WITH THE SECTION LINE NORTH 89023'53'' WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE WITH SAID RIGHT-OF-WAY LINE SOUTH 35040'08'' WEST A DISTANCE OF 1252.72 FEET TO ITS JUNCTION WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 90; THENCE WITH THE RIGHT-OF-WAY LINE OF STATE ROAD 90 SOUTH 24°19'52" EAST A DISTANCE OF 69.99 FEET AND SOUTH 54°20'16'' EAST A DISTANCE OF 159.38 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 35039'44'' EAST A DISTANCE OF 400.00 FEET; THENCE SOUTH 54°20'16" EAST A DISTANCE OF 220.00 FEET; THENCE SOUTH 35039'44'' WEST A DISTANCE OF 400.00 FEET; THENCE NORTH 54°20'16" WEST A DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING. 3. Location and address description. The 4.02 acre site is located at the northxvest comer of the intersection of Collier Blvd. (C.R. 951) and U.S. 41, Collier County, Florida. 3.8. 5. 3 Mapping and support graphics I. General location map. See attached Location Map. 2. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred feet outside the parcel boundary. This does not mean the applicant is required to go on to adjacent properties. Habitat identification will be consistent with the Florida Department of Transportation -Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200feet when available from the county, otherwise, a scale of at least one inch equal to 400feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. Native communities were mapped according to the Florida Land Use and Forms Classification System (FLUCCS) and their boundaries are depicted on the attached 2000 aerial at a scale of 1"=100'. Also attached is an 8 ~A X 11 sheet (1"=100') with FLUCCS mapping. 3. Topographic map showing upland, bathymetric contours, and existing drainage patterns if applicable. Site elevations Vary form a high of approximately 9.1 NGVD to a low of approximately 3.6' NGVD. The site is bordered by two major roadways (U.S. 41 to the south and Collier Boulevard (C.R. 951) to the west. Currentlv ,~roi,o,,,, ;~ to the south, into the U.S. 41 canal. GiXBEC\C-D Projccts\Ccntcr Point(9951 )\Collier Count SEP 1 0 4. Existing land use of the site and surrounding area. The existing land use for the parcel is agricultural. The surrounding landscapes include: East - Undeveloped. West - Collier Blvd. North - FPL Easement & Falling Waters Beach Resort South - U.S. 41 5. Soils map at a scale consistent with that used for the Florida Department of Transportation -Florida Land Use Cover and Forms Classification Systems determinations. Soils have been digitized from Soil Conservation Service (SCS) maps of Collier County: A map detailing soils at a scale of 1"=100' is attached on an 8¥2 X 11 sheet. 6. Proposed drainage plan indication basic flow patterns, outfall and off-site drainage. See attached 8 ½" x I 1" Paving/Grading/Drainage Plan. 7. Development plans including phasingprogram, service area of existing and proposed public facilities and existing proposed transportation network in the }'mpact area. See attached 8 ½" x 11" Paving/Grading/Drainage Plan 3.8.5.4 Impact Categories 3.8.5.4.1 Biophysical Impacts 1. Air quality. A. Changes in level of air pollutants as defined by current regulations. No impacts are expected from the ST Development in its post - development state. Appropriate Dust Control methods will be utilized during construction to mitigate for any adverse conditions, which might arise. All areas disturbed during construction will be sodded or grassed and mulched at the earliest opportunity. Bo Number of people that will be affected by air pollution resulting from the project. With no changes in air quality anticipated, no people are expected to be affected. G:XBEC\C-D Projects\Center Point(995 l)\Collier Cour C. Procedures that will be used to reduce adverse impacts of air pollution. Appropriate dust control methods will be utilized during construction to mitigate for any adverse conditions, which might arise. All areas disturbed during construction will be sodded or grassed and mulched at the earliest opportunity. 2. Water quality Impacts. A. Changes in levels and types of water pollution as defined by current regulations. The project currently has an approved South Florida Management District (SFWMD) permit and will comply with their criteria regarding water quantity and quality and will incorporate Best Management Techniques during construction. No changes in water levels or water pollution are expected as a result of the project. B. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this project. No water uses are restricted or precluded because of pollution resulting from this project. C. Persons affected by water pollution resulting from this project. None. No water pollution is anticipated as a result of this:project. D. Project design and actions which will reduce adverse intpact of water pollution. The project currently has an approved South Florida Management District (SFWMD) permit and will meet all their requirements and Collier County Land Development Code requirements for water quality. 3. Physiography and Geology A. Description of soil types found in the area. The approximate boundaries of the single soil type found on the parcel, as defined by the NRCS, is mapped at a scale of 1"=100' on the attached 8 ½" X 11" sheet. 14 -- Pineda Fine Sand, limestone substratum: This nearly level, poorly drained soil is typical in sloughs and poorly defined drainage areas. The permeability is slow. Natural vegetation may include slash pine, chalky bluestem, wax myrtle, and blue maidencane. B. Area extent of proposed topographic modification through excavation, dredging, or filling. SEP 1 0 2002 G:~BEC\C-D Projects\Center Point(9951 )\Collier County !: Modifications will be accomplished by using clean fill material that is obtained from offsite. As stated in the approved SFWMD permit, 1.31 acres of Collier County wetlands are proposed to be impacted by filling. C. Removal and/or disturbance of natural barriers to storm waves and flooding. The project is located far from the Gulf of Mexico and is not subject to storm waves. No adverse impacts are expected due to development of this parcel. D. Proposed modifications to natural drainage patterns. The site will be developed according to Collier County and SFWMD requirements for design of surface water management systems. Natural drainage patterns will be incorporated into the system where possible. See attached 8.5" x 11" Conceptual Drainage Plan. The project has been reviewed by South Florida Water Management District (SFWMD) for surface water management. (Permit #11-01987-P dated October 11, 2001). The proposed system calls for routing stormwater runoff (via a pipe and catch basin system) to a created dry detention area at the northeast comer of the parcel. This detention area has been created and sized for water quality purposes. From there, it bleeds down to an indigenous preserve/natural area, which is also used for water management purposes. The overall system has been designed to provide storage for the 25 year-3 day storm event in accordance with SFWMD criteria. Both pre and:post-development discharge is to the U.S. 41 drainage ditch. E. Extent of impervious surface and percent of groundwater area to be covered. Preliminary estimates of land use breakdown: Building 0.52 ac 12.9% Vehicle Use 1.91 ac 47.5% Impervious area 2.43 ac 60.4% Green 1.33 ac 33.1% Retention 0.26 ac 6.5% Open space 1.59 ac 39.6% Total Site 4.02 ac 100% F. Annual drawdown of groundwater resulting from use. No net annual drawdown of groundwater is expected. G. Increased siltation in natural water bodies resulting fi'om the proposed use. G:XBEC\C-D Projects\Center Point(9951 )\Coii~er County EISXC SEP 1 0 2002 I I i i I ! ! I I ! I i I I I ! I The site will be developed according to SFWMD and Collier County criteria. No natural water bodies are located in the vicinity of the project, so increased siltation in natural water bodies is not expected. Best Management Practices will be incorporated during construction. 4. Wetlands A. Define the number of acres of Collier County Jurisdictional Wetlands pursuant to the Collier County Growth Management Plan by vegetation type species, vegetation composition canopy, midstory and ground cover, vegetation abundance, dominant, common, occasional, and their wetland function. There is a single 1.31 acre SFWMD \ Collier County wetland on the property. See attached wetland jurisdictional determination from the SFWMD for verification. The following is a FLUCCS vegetation description of the wetland community mapped on the parcel: Mixed Wetland Forest, FLUCCS 630 This community is dominated by cypress, laurel oak, red maple, and cabbage palm in the canopy. Brazilian pepper has invaded the margins and melaleuca has invaded the interior. Groundcover consists of swamp fern, wiregrass, saw grass, poison ivy, and dog fennel. B. Determine the present seasonal high water levels and high water levels by utilizing lichen lines or other biological indicators. Average natural ground height on the parcel varies significantly, especially for a small site, from a high of approximately 9.1 NGVD to a low of approximately 3.6' NGVD. Control elevation was established according to adjacent roads and projects and is set at 5.0 NGVD. It was confirmed by the SFWMD in the permitting process. See attached SFWMD permit. The adjacent U.S. 41 Canal is controlled by the Big Cypress Basin (Structure Hen CR-1) and is operated at 5.00 to 6.00 NGVD. C. Indicate how the project design improves /affects pre - development hydro -periods. site conditions drainage occurs from northwest to southeast. During surf review by the SFWMD, stormwater management routing calculations we prepared by Landy Engineering. The proposed system calls for routing The surface water management system for the subject project will be designed to provide water quality pretreatment and water quality storage as required by Collier County and the South Florida Water Management District (SFWMD) design Criteria. The project is located in the Henderson Creek Drainage Basin as designated on the Collier County Drainage Atlas and will be limited to a discharge rate of 0.15 CFS per acre. According to site topography, under current G:'~BEC\C-D Projects\Center Point(9951 )\Coil/er County ElS\Collier SEP 1 0 2002 stormwater runoff (via a pipe and catch basin system) to a created dry detention area at the northeast comer of the parcel. This detention area has been created and sized for water quality purposes. From there, it bleeds down to an indigenous preserve/natural area, which is also used for water management purposes and has been isolated by construction of a perimeter berm. We would expect the hydroperiod of the preserve area to be greatly improved. The overall system has been designed to provide storage for the 25 year-3 day storm event in accordance with SFWMD criteria. Discharge from the site will be to the adjacent U.S. 41 drainage ditch. D. Indicate proposed percent of defined wetlands to be impacted and the effects of proposed impacts on functions of wetland areas. There is a single 1.31 acre SFWMD \ Collier County wetland on the property. During'the ERP permitting process with the SFWMD, it was determined that the best long solution for no net loss of wetland function would be to mitigate for the wetland offsite. 100 percent of the wetland is proposed to be impacted. The ACOE classified the wetland as isolated and is requiring no permit. See attached letter. The 1.31 acres of wetland on the subject property is part of a small isolated wetland that continues offsite to the east. The overall wetland is approximately 6 acres, but is surrounded by development & major highways. Of the six acres, 25% has already been mitigated as secondarily impacted by Falling Waters Beach Resort. Therefore, off-site mitigation is the method of compensation that best offsets the necessary wetland impacts. Even under a do nothing scenario, the quality of the wetland will continue to decline as the density of Brazilian pepper that has invaded it continues to increase and provide seed source for surrounding properties. The best option for maintaining wetland function is to mitigate this small isolated wetland offsite in a bank that will restore and maintain large tracts of environmentally sensitive land in perpetuity. Offsite mitigation has been provided for the entire 1.31 acres. As required by approved SFWMD permit #11- 01987-P, 1.86 credits were purchased at the Panther Island Mitigation Bank. See attached letter that confirms the purchase. E. Indicate how the project design minimized impacts on wetlands. On advice from the SFWMD and their preference that isolated wetlands smaller than 3 acres be mitigated offsite, the project is proposing to impact the entire wetland. The 1.31 acres of wetland on the subject property is part of a small isolated wetland that continues offsite to the east. The overall wetland is approximately 6 acres, but is surrounded by development & major highways. Of the six acres, 25% has already been mitigated as secondarily impacted by Falling Waters Resort. Therefore, off-site mitigation is the method of compensation th[t G:X.BEC\C-D Projects\Center Point(9951 )\Collier County El SEP 1 0 ? ' · I I I I I ! I I I I I I I I I I offsets the necessary wetland impacts. Even under a do nothing scenario, the quality of the wetland will continue to decline as the density of Brazilian pepper that has invaded it continues to increase and provide seed source for surrounding properties. The best option for maintaining wetland function is to mitigate this small isolated wetland offsite in a bank that will restore and maintain large tracts of environmentally sensitive land in perpetuity. Offsite mitigation has been provided for the entire 1.31 acres. As required by approved SFWMD permit #11- 01987-P, 1.86 credits were purchased at the Panther Island Mitigation Bank. See attached letter that confirms the purchase. The ACOE classified the wetland as isolated and is requiring no permit. See attached letter. F. Indicate how the project design shall compensate for the wetland impacts pursuant to the Collier CountyGrowth Management Plan. Offsite mitigation has been provided for the entire 1.31 acres. As required by approved SFWMD permit #11-01957-P, 1.86 credits were purchased at the Panther Island Mitigation Bank. See attached letter that confirms the purchase. 5. Upland utilization and species of special status. A. Define number of acres of uplands by vegetative type species, vegetation composition canopy, midstory and ground cover, vegetation abundance, dominant, common, occasional, and their upland function. Farmer's Market, FLUCCS 142, Approximately 2.71 Acres This portion of the property contains an active farmers market. Canopy is nearly absent and groundcover is dominated by a variety of turf grasses. The area is routinely mowed. B. Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on functions of upland areas. The uplands on the parcel were previously cleared and contain little or no native vegetation. Total open space, including landscaped areas will total 1.59 acres (39.6%). C. Indicate how the project design minimizes impacts on uplands. Impacts to uplands will be minimized by meeting the appropriate requirements for open space preservation on the parcel. D. Provide a plant and animal species survey to include, at a minimum, species G:X~BEC\C-D Projects\Center Point(995 I)\Collier County El,' SEP 1 0 2;902 status that are known to inhabit biological communities similar to these existing on site and conducted in accordance with the guidelines of the FGFH"FC. Observations for protected species were made during all field visits, such as vegetation mapping, wetland flagging, and wetland jurisdictionals. No protected species were observed on or adjacent to the property. Due to the disturbed nature of the property and its location at the intersection of two major roads, it is anticipated that listed species are not using the property. E. Indicate how the project minimizes impacts on species of special status. Observations for protected species were made during all field visits, such as vegetation mapping, wetland flagging, and wetland jurisdictionals. No protected species were observed on or adjacent to the property. Due to the disturbed nature of the property and its location at the intersection of two major roads, it is anticipated that listed species are not using the property. 6. Marine and estuarine resources. Provide current State of Florida classification of waters (Florida Administrative Code, chapter 17-3) None present. B. Define number of acres of marine and estuarine resources by subnterged grass beds, breeding areas and nursery areas and their marine and estuarine functions. N.A. C. Indicate proposed percent of defined marine and estuarine resources to be impacted and the effects of proposed impacts on functions of marine and estuarine resources. No marine or estuarine resources are proposed to be impacted. D. Estimate changes in the dockside landing of commercial fish and shellfish N.A. E. Estimate changes in the sport fishing effort and catch. N.m. Provide past history of any environmental impacts to the area including oii None known. G:~BEC\C-D Projects\Center Point(995 l)\Collier Cou~ ~lT- SEP 1 0 2002 I i I ! I I I I i I I I I I I I G. Indicate how project design minimized impacts on marine and estuarine resources. The project is not impacting the U.S. 41 Canal, which is considered the salinity barrier in the area. Impacts are to freshwater wetlands. H. Indicate how the project design shall replace the lost marine and estuarine functions. N.A. 7. Noise ,,1. Describe changes in decibels and duration of noise generated during and after the project (both day and night) that will exceed Collier County regulations. The pro. posed use will not generate noise beyond the existing background noise created by Collier Blvd. (C.R. 951) and U.S. 41. Noise is not expected to exceed county standards. B. Describe steps that will be taken to reduce noise levels during and after the project. All applicable standards for construction activities will be met. C. Project compliance with Federal Aid Highway Program Manual ~7-7-3. No Federal Highway Aid is being requested for the project. 3.8.5.4.2 Public facilities and services I. I~Vastewater Management A. Describe existing treatment facilities as to capacity, percent capacity being used, type of treatment and degree of treatment. The Collier County Utility System will be servicing the project, specifically the South Waste Water Plant. The existing plant capacity is 9.2 million gallons per day. 79.7% of the capacity is currently being used. The type of treatment is conventional activated sludge and the degree of treatment includes secondary & tertiary treatment.' B. If applicable, describe similar features of proposed new treatment facilities. C. None anticipated. Describe the character and fate of liquid and solid effluents. SEP 1 0 2002 G:~BEC\C-D Projects\Center Point(9951 )\Collier Count Liquid effluents include typical domestic wastewater; solid effluents will be typical of a commercial development including various paper products, yard waste, and recyclables, etc. All solid waste products will be picked up and hauled away at least once per week by a licensed commercial hauler. The Collier County Utility System will be servicing the project. 2. Water Supply. A. Estimate average daily potable and non-potable water demand by the project. Potable: 17,080 gallons per day average. Non-potable: 18,500 gallons per day average. B. Source of raw water supply. The Collier County Utility System will be servicing the project. C. Analysis of on site treatment systems relative to State and County Standards. None anticipated. Solid Wastes. A. Estimate of average daily volumes of solid wastes. Approximately 3,780 lbs. per week or 1,350 lbs. per day. Assuming: 2 dumpster loads per week, 7 cubic yards capacity, 10 lbs. per cubic foot (2 dumpsters * 7 CY/dumpster * 27 CF/CY * 10 cu. ft. = 3,780 lbs.). B. Proposed method of disposal of solid wastes. Dumpsters on site will be provided and scheduled for regular pickup at least once per week by a licensed commercial hauler. A licensed hauler will likewise dispose of recyclables. C. Any plans for recycling of resource recovery. Recycling will be in accordance with Collier County's current waste recycling program. 4. Recreation and open spaces. A. Acreage and facilities demand resulting form the new use. Based on the project being a commercial development, no increas~ demand is expected from this project. G 5BEC\C-D Projects\Center Point(995 l)\Collier County E I I I I ! I I I ! I ! I I I i B. Amount of public park or recreation land donated by developer. None. C. Management plans for any open water areas if one-half acre of more within the project. There will be no open water areas in the project. D. Plans for recreational development by the developer on dedicated lands. No lands will be donated by the developer. E. Amount of public recreation lands removed from inventory by the new use. No public recreation lands are being affected by this project. F. Development and/or blockage of access to public beaches or waters. No access to public beaches or water is blocked by this project. 5. Aesthetic and cultural factors. A. Documentation form Florida Master Site File, Florida Department of State and any printed historic or archaeological surveys conducted on the project area. A request was submitted to the Division of Historical Resources requesting that they review the project. See attached response. B. Known historic or archaeological sites and relationships to proposed project. A request was submitted to the Division of Historical Resources requesting that they review the project. See attached response. C. Demonstrate how the project design preserves the historical/archaeological integrity of the site. A request was submitted to the Division of Historical Resources requesting that they review the project. See attached response. D. Indicate any natural scenic features that may be modified by the project and explain what actions will be utilized to preserve aesthetic values. No natural scenic features are present on the site. G:~BEL-~C-D Projects\Center Point(9951 )\Collier County E SEP 1 0 2002 E. Provide the basic architectural and landscaping designs. All buildings, signage, landscaping, and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said similar architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. 6. Monitoring A. Describe the design and procedures of any proposed monitoring during and after site preparation and development. No monitoring is proposed. Sec. 3.8. 6 Specifics to address. 1. Indicate how the proposed project has incorporated the natural, aesthetic, and cultural resources and other environmental considerations into the planning and design of the project. Upland preserves will be enhanced through exotic removal providing better habitat for upland dependent species. Attempts will be made to consolidate smaller preserve areas into larger areas to prevent breaking up remaining upland habitat. 2. List the environmental impacts of the proposed action and the reasons the impacts are unavoidable and that the impacts represent the minimum impacts possible to the environmental quality of the site and surrounding area which might be affected by the proposed use. The 1.31 acres of wetland on the subject property is part ora small isolated wetland that continues offsite to the east. The overall wetland is approximately 6 acres, but is surrounded by development & major highways. Of the six acres, 25% has already been mitigated as secondarily impacted by Falling Waters Beach Resort. Therefore, off-site mitigation is the method of compensation that best offsets the necessary wetland impacts. Even under a do nothing scenario, the quality of the wetland will continue to decline as the density of Brazilian pepper that has invaded it continues to increase and provide seed source for surrounding properties. The best option for maintaining wetland function is to mitigate this small isolated wetland offsite in a bank that will restore and maintain large tracts of environmentally sensitive land in perpetuity. Offsite mitigation has been provided for the entire 1.31 acres. As required by approved SFWMD permit #11- 01987-P, 1.86 credits were purchased at the Panther Island Mitigation Bank. See attached letter that confirms the purchase. G:X,BEC\C-D Projects\Center Point(9951 )\Collier County 2O02 I L I I I I ! I I i i I I i I I I 3. Provide substantial alternatives to the proposed project to that reasons for the choice of course of action are clear, not arbitrary or capricious. The proposed use for this property is consistent with the Collier County Growth Management Plan and is an appropriate use for this property. The property meets the requirements of a commercial development and will provide some of the much needed commercial property for this portion of Collier County. 4. List immediate short-term and long term impacts to the environment. Short Term: 1) Construction noise. Long Term: 1) .Approximately 2.71 acres of disturbed uplands & 1.31 acres of wetlands would be developed. 5. List any irreversible or irretrievable commitments of natural resources which would be involved in the proposed action should it be implemented. The consumption of fuels and building materials will be required for construction. Approximately 2.71 acres of uplands & 1.31 acres of wetlands would be developed. ' Gi~BEC~C-D Projects\Center Point(9951 )\Collier Counl SEP 1 O 2g02 qUlO± NOTARIZED LETTER OF AUTHORIZATION Suly 6. 1999 RE: 4.016 Acres Northeast Corner US 41 & SR 951 Naples, Florida To Whom it May Concern: ' Please be advised that thc following f'Lrms and individualsl have been officially engaged to serve as authorized ascnts regarding the subject property refer..~nced above. They are hereby authorized to make all applications for a Stan~£d~czon~and Final Site Dcvclopment plans and all permits necessary to allow construction of the proposed improvcm~"nls. Butler Engineering, Inc. o'f2223 Trade Center Way, Naples, Florida 34109 .Boylan Environmental Consultanls, Inc. of 11000 Metro Parkway, Fort Myers, FL ~912 Mr. Anthony Pires, Jr. o,f Woodward, Pires & Lombardo P,A. 801 Laurel Oak Drive, Suite 710, Naples, Florida 34108 ,Si~.~rely ,-... ~'~rd A. van:~e';rt~ Trustee o~/Laad Trust 27-812800-4 to~erly ~,o~ ~ Land T~t 50-0656 dated Au~st 15m, 1980, and not in~d~ly Sworn an~ subscribed before mo This "~ day of July, 1999. oatCommission Exa~res ~/4 SEP 1 0 2082 South Florida Water Management District Regulation Department September 1, 1999 Mr. Jim Keltner Boylan Environmental Consultants, Inc. 11000 Metro Parkway, Suite 4 Ft Myers, Florida 33912 Subject: CR 95:1 - US 41 ParCel; Informal Jurisdictional Wetland Inspection; Collier County, S-3 / T-51-S / R-26-E Dear Mr. Keltner: The Distr/ct offers the following in response to your request for a determination of the jurisdictional wetland boundaries and other surface waters located within the subject property. Craig Schmittler, Environmental Analyst, of the Natural Resource Management Division, conducted a site inspection on August 20, 1999. The project boundaries shown on the attached aerial identify the approximate limits of the property, inspected. Based on the information provided and the results of the site inspection, the jurisdictional wetlands, as defined in Chapter 62-340 F.A.C., are shown hatched in red on the attached aerial photographs. This correspondence is an informal pre-application jurisdictional determination pursuant to Section 373.42t(6) and F.A.C. 62-312.040(7). It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre-application jurisdictional determination are not entitled to rely upon it for purposes of compliance with pi-ovision of law or District roles. A binding jurisdictional determination may be obtained by submitting an application to the South Florida Water Management District Ft. 'Myers office for a formal determination pursuant to Chapter 40E.-4.042 F.A.C. or by applying for a permit. SEP 1 0 2O02 Got,ermng Board: __).A c.~n* Coi[ip._t. CS. mrrrmn Vera M. Carter Nicolas J. Gut.....?re:. ..... Jr. .James Har.'ev,_,__.. lnuvrrm~ ExecunVe._ Director Mr. Keltner CR 951 - US 41 Parcel Page 2 A file has been set up at the Ft. Myers Se~';ce Center office with pre-application materials. If you have any further questions please contact Craig Schmittler at (941) 338-2929 ext. 7739. Sincerely,.. Karen M. Johnson Supervising l?rofessional Ft. Myers Service Center KMJ/cds - Attachment (Memo, Location Map, and Aerials) C: USACOE - Ft. Myers w/memo, location map, and aerial DEP- w/memo, location map SEP I0 2002 F'P. OM .: ALP PFC]NE r. rJ. : 4301664 F~b. 18 2002. 02: IS,PH F'2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE PERMIT NO. 11-01987-P DATE ISSUED: OCTOBER 11, PERMITfEE:' $'DUIHWEST FLCRICA O~PURTUNIT'! .:UNO tLC (CENTER POINT) 2223 TRADE CENTER WAY, NAPLES ,FL 341C9 2001 PROJECT DESCRIPTION: AN ENVIRONMENTAL RESOURCE PERMIT AUTHORIZING CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING A 4.02-ACRE COMMER~AL PARCEL DISCHARGING TO HENOERSON CREEK VIA THE US41 ROADSIC~E SWALE. PROJECT LOCATION: COLLIER COUNTY, SECTION 3 TWP 515 RGE PERMIT DURATION: Fk, e yem$ from the dele issued lo complete coosbuction ol Ihe surface wa(el manag;rrent sy$1em az aulhorizecl hefe~n. Se~ al!ached Rule 40E-4,321, ¢'lorida Adminisb~tlve Code. ~]~$ Pcrr~i[ Is Issued pursuaJ'tt to Ala[~licatlofl No. OOO914-6. d~ted Aug~J,~t 25, 2000. Perm.t;.tec a~,re~ to I~old a~Id save ..*~ou~ Flor~cla water M~g~ment Otslrk:t ~uld 1t$ successors h;Lr'mles~ ~'ront any and all damage,~, ch'un%~ or Ii;abilities which ~:~ay by ~ea$o~ o~ the ¢onstructJon, opcr~bor,. ~n;tlntcrtat~e of u~¢ of RttW1ues auIborl~ed by this FermJt. T"hl~ PernqJt ls t~t~u~.d utader thc 37;1.414(l}{b), F.S.. or as othe~t~ st.:ed hCrcbt. Th~ Pe~t may ~ tran~en'ed pt~rs~a~t to thc app~)p~ia~ pro~,ator~ of Chap~r ~73. F.S. ~d ~cUm~ 40~- 1,61()7(I) ~d 4f)E-4.35][]]. (2). ~r~d (4], ~o~da Ad~lh~s~r~t~ve C~e (F,A.C.}, l't~s Pem~tt m~). be revoked, m~pended, or n.~cl,iied at ~y purport to the ~ pproDrta~c pro~i~n~ o[ Ch~ptcr ~73, F:S, ~d ~:,:tiuns 4OE.4.;4~1(I). [2). and (4). F A C. acprop~[c h~divJdu~, pur~,~rd [u the ap~rop~t~ provlslon~ of Chapter 373, r~. ~nd ~cUons 40E-4.~6] ~d 4OE-4.:]RI. F,A,C, ~s approved by the District pttl'~ttant r.n ~3l~ ~0~-[,6107. F./~.C, SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES 2 2 OF 5 (10 SPECIAL CONDITIONS). SEE PAGES 3 5 OF 5 (19 GENERAL CONDITIONS). FILED VY,TH rile CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT o. ORIGINAL -JI~NNIFER DEPUTY CLERK SOUTH FLORIDA WATER MANAGEMENT OISTRICT, ~)¥ ITS GOVERNIItlG BOAF~O Original signed b~ TONY BU~ B'/ ASSISTANT SECRETARY PAGE I OF 5 SEP iD 2002 ~._ PHOI'IE FID. : 4,3016~4 F~b. lB ~L:I'.3~_' 0;2: 16PM P3 PAGE 2 ,:}F 5 :-% FEC ~ Al, CON[~ IT I ON,~3 10. MINIMUM ~SCILO[:4G FLDOR EI,RVA?I¢;H~ 10.75 FEET NGVD. MINIMUM PARKING LCT ELEVATION: 8. D~SCMAROE FACILIT!E~: I- 25' DiA. CIRCULAr. ORIFICE WITH INVERT AT ELEV. 5' NGVD. 88 LF OF 1.5' DIA. REINFORCED CONCRETE PIPE CULVERT, R2CEIVIN~: BODY ~ t:S-41 R~ADSIDE SWALE CONTROL ~LEV : 5 FEET NG%~. /5 FE~T N(~D DRY SEASON. TH~ PE~4ITTEE S;~LL BE RESPONSIBLE FOR T~Z CCRREC'tlON OF A~ EROSION. SHOALING OR W~TER QU~ITY PROBb~4S THAT RESULT FROM THE CONSTRUCTION OR OPEraTION OF THE SURFACE WATER ~NAGEMENT .SYSTEM. MEASURES SHALL BE TAKEN DURING CO~4STP. UCTION TO INSURE THAT SEDIM~ATION AND/OR TURBIDITY PROBLEMS APE NOT CREATFD YM T]{E ~ECEIVING WA'~ER. T~E DISTRICT RESEF. VES THE KIG2RT TO ~EQUIRZ THAT ADDITION~ WATER OUA[.ITY TREATMENT METHODS BE iI~CORPOP~TED INTO THE DP~IHAGE SYSTEM IF SUCH MEASUFES ARE SHCP~ TO NECESSARY · FACILITIZS :)THEE TR~ THOSE STATED HEREIN SHALL NOT BE CONSTKUCTEU WITHOUT APPKOVED MODIFICATION OF THIS PERMIT. OFEF~TICN OF THE SURFACE WATER ~3~AGSMENT SYSTEM-SHAL~.. BE THE RESPONSIBILITY SOUT~EST Fi,0F/DA OPFORT~i~Y F~'~D ACT~V!']'IES AS$(.Y2IATED WITH IM?LEMENTATION OF THru WETL~O MITIGATION, ~ONITORING AND ~AI~N~4CE SHALL BE IN ACC0~.~;CE WITH THE FOLLOW'ENG WORK SCHEDULE. ANY DEVIATION FROM THFSE TItlE FPJ, MES SHALL REQU1RE FOCAL S~D APPROVe. S~/C~ REQUFSTS MUST ~DE IN WRITING ~D SMALL INCLUDE (1) REASON FOR THE MODIFICATION; (2) START/FINiSH DATES~ AD;D (3) PROGRESS ~EPCRT 014 TIlE $TATU~ OF THE EXISTING MTTi~ATIDN EFFORTS · COMPLETICI4 DATE ACTIVITY NOVEMBER 30, 2001 SUBMIT DCCt/~[ENTATION OF PURCHASE OF MITIGATION CREDITS PRIOR TO CONSTRUCTION AND NO LATER THA}] NOVEMBER 30. 2001 THE pERMI'~'rEE PROVI'D~: THE DISTRICT WIT}{ A LETTER OF COMMITMENT FROM THE PANTHER ]SLA/~D MITIGATION BARK ($FWMU PERMIT N.O.11-000C2-~} DEMONSTRATING TI[AT TMF. SANK ~4.~,$ C~EDITS AVAILABLE A~rD THE ~EMITTEE MAS FURC}IASED 1.86 CREDITS AS MITIGATION TO OFFSET T~ 1.31 OF WETLA/:D IM?ACTS. SEP 1 0 FPOH : ALD PHrIH~ I~. : 4~0!6~,4 C;ENIT. F:AL COlND I'iiONS ALL Af:qEI'JiT!E$ ~UT~4TRISED F.Y THIS PE~d'£IT SHALI, PL.~'iS, SPECI~I(£A".'/ONS .~ID PERFO£l%t.~lCE CRITERI~ ,~ APPROVED ~'~' %'HIS F£R.~llq'. ~J~Y DEVI;-.T!OH FPOM THF. i:EPP4ITTED ,~,CTIVITY ~ND THE CONOITIO>IS FOR UI~DFRTAKI~'I',] TH?.T ACTIVITY SHALL COHSTifq'UTE A VIOL,A~IION Oi~' T~4IS FEREIT A~'~D PART 1iV, CHAPTER 373, F,S, THIS .~2R/4rT OR A COPY THERFOF, COI.IP[,ETE WITH ;~I,r, CONDITIONS, ATTACHM~N'?S, EXHIBITS, A~',~D ,~,IODIFICATION-q SHALL, BE KEPT AT THE WORK SiTE OF THE PERF~ITTED ACTIVI'IY. THE CO~:FLETE PEP. MIT SI. tALL BE AVAILABLE FOR REVIEW AT THE WORK SITE UPON REQ[fRST BY THE DISTRICT STAFF. '['ME PER]'41TTEF. SMALL RE<~,UIRE THE CONTRACTOR TO REVIEW THE COMPLET~E PERMIT PRIOR TO COMMENCEMENT OF THE ACTIVITY AUT~tORIZED BY THIS PSRMi'I'. ~'.CTIVITiE$ Af'FRO'JED DY TRIg PER/~IT SMALL BE CONDUCTED IN A M.~IER WHICH DOES NOT CAUSE VI,DLATICNS OF STATE WATER QUALiT'f ST~DARDS_ TNE PE~ITrEk: SMALL IMPLEMENT BEST ~.~;AGEMENT PRACT!CE$ FCR EROSION AND POLLUTION CONTROL TO PREVENT VIOLATION OF STATE WATER Qt~ALITY 5TAMDARDS. TEMPOF. ARY EROSION CONTROL SHALL BE IMPLEME~D TO ~ DURING CONSTRUCTION, ~%JD PEP~'~NENT CONTROL HEASURES S}~bb g~ COMPLETED 7 DAYS CF A~rf COb;STPUCTIOD ACTIVITY. TURSIDITY DARRIERS SM~L BE iN,gT.~LLED [~.IN'FAINED AT ALL LOCATiOMS ~ERZ THE POSSIBILITY OF TR=~SFERRING SUSPENDED SOLIDS !K'~ TNE RECEIV,r~,~ WATERBODY EXISTS DUE 50 THE PEP>;ITTED WORK. TURBIDITY S~L PErilS II,[ ~[,AC~ AT ~L LOC~T~Ot$$ ~TIb CONSTRUCTION IS CQHPLETED ~ SOILS ARE ST~II,I~O ~7D VEGETATIOM NAS BEEN ESTABLISHED, ALL PRACTICES S~%LL BE iN ACCORDANCE WiTH THE rSUIDELIb~ES ~%'D SPECIFICATIONS DESCP.[BED IN C~%PTER 6 OF T~iE FLOR'fDA L~ E~;VIRO~ITAL, FEG:JLATIO~;, 1788), INCORPOPATED BY REFERENCE IN RULF 40E,-4.091, F.,~.~ ~'LESS A PROJECT-SPECIFIC EROSION AND $EDII4ENT CONTROL PL~l IS kPPRCVED AS PART TEK PERMI'?. THEREAF?'ER THE PErM!TIER S~ALL ~E RESPONSIBLE FOR TIlE EEHOVAL OF TM~ BaRrIERS. T~IE PEP~ITTEE SMALL CORRECT Ally EROSICN OR $HOAI,,!N~ T~qkT CAUSES '-Hk PE?3~ITTEE SHALL NOTIFY TIlE Df,STRICT OF THE 7'2~TICIPATED CC, NSTRUCTION START OATS 9IITHIN ]0 DAYS CF TH~ DA~E TIIAT THIS PE~4iT IS ISSUED, ,~T LEA~I' 48 H'D'JRS PRIOR COI~E~ICEldE[~T OF ACTIVITY AUTHORIZED BY '['HIS FEP~iT, THE PERt~I%'FEE S~_~LL SUBMIT TO THE D[STPlC'T ~,[ E~DJiROI~K~TAi P. ESOURCE PERMIT CC~SIRUCTiON COMME~CE~.f~'f :;O'Fi[C~ FC~i NO. 0960 iNDiCAri~G THE ACTUAL ~TART DATE AHU T~E EXPECTED CO~FbET%CN DATE. WHE!,! THE DIdP~A?IOn: (')F CC',t~'STRUCTIOI~]' WILL EXCEED OHE YEAR, THE FE~MiTTEE SHALL SUBMIT COR'ST?U~]']O~4 STA'I'[TS REPORTS Tr.) T~E DISTRICT OH A~; ~J~.~ ~ASIS UTIDIZI~,~ ~N ~.[., STATUS REPORT r()PM STATUS REPOP. T FORSIg Si.[ALL BE SUBM['ITED TEE FOLLt~WINCI ,IL~E OF EAC~f YEAE. wI'rti!:~ 3C DAYS AI:'TER COMPLETION OF CO{~;S]*RUCTIOD CF THE PERMITTFD ACTI\;!TY, THE PE~MI~TEE SHALL SUBHiT A WR~TTEb; STATES, EMI OF COMPLETION ~D CERri~I(~ATION ~Y LAW, ~TT/I,YZIN(; THE SUPPLIED E~.fR0~ENTAL RESOURCE PE~IT CONSTRUCIiU~4 COMPLETION/CO~STRUCCION CERTIFICATION FO~{ ~0,0881- THE STATEMENT CF COM~'tEFiON ~";D CERTIFICATION SHALL 8E BASED ON ONSITE OBSEP. VATIO~; OF CONSTRUCTIC>] OR R~,VIE~; ASgUiLT D~.WIDCS FOR THF PURPOSE OF DETERMI~JING IF THE WORK WAS COMPLETED IN CO~4PLI~iCE W~'i'M PERMITTED PLUS ~D SPECIFICATIONS. THIS SUBI,~ITTAL 5HA~L SEP. V3 NOTIFY THE DISTRICT THAT THE SYSTE~.~ IS READY FOR 1HSPECTION ADDITION~.LLY, IF DEVIA~rO~ FROM 'PHS APPRCVED DRAWINGS ARE DISCOVERED DU~.IH$ THE CERTiFiCATION PF. OCEgS, 'IHS CEPTiFiCAT/O~ HUST BE ACCQ]~PA~,;IFD BY A COPY O? THE APPROVED D~WI~;CS WIT~ DEVIATIONS NOTED. BOTk' THE O~If;IMAL ~D K~;ISED SPECIFICATIONS 5~JST BE CLEARLY SI~,~~, THE Pb~,~$S MUST BE CLET~RLY lABELED AS 'ASDUILT" OP. 'RECORD" ~.l.L :~RV!'~ED I);MENGIONG ~.ND ~L~VATIO~IS SH~.I.,I, B~ CERTIFIED BY A P. EC:I~TERED g~!RVE'fO I'£-q',:T ;',';;: It-~}gg'; .. t', !1 ],7 PHASE, FO~M ~<O 0920; THE DISTRICT DZTERM]:I~ES TI4E SYSTEM TO BE I~ COMPLIANCE WI/H THE PERM/~ED PI.A~'J% ~IP SPECIFICATIOn]S: ~D THE ANTI'FY APPROVED 8T TH~; DISTRICT iN ACCOEO~CE 'z:!q'H SEC~IDWS 9.0 ~$D i0.0 OF TH~ BASIS OF REVIEW FOR ENVfROh~EN~AL RESOURCe: PEPd~IF APUL1CACIONS WiTIIIN TH~ SOUTH FLORIDA WATER MANACEMENT DISTRICT -- AUGUST ~995, ACCSPTS REgPOMS!B~LiTY FOR OPE~ATIO~ ~D HAIN%EN.~{CE OF TH~ SYSTEM. THE PEP~IT SMALL NO% BE TR~;SFERF, KD TO SUCH APPROVES EN~ITY ~gTI[, THE OP~TION PHASE OF THE PERM['P BECOMES EFFECTIVE. FOLLOWING INSPECTiOIq ~O APPRC. VAb OF THE PE~i~ITTED SYSTE~ BY THE DiSTRiCT. THE PEP~ITTEE SHALL INITIATE TP~2{SFER OF T~E PERi, IT TO THY APPROVED RESPONSIBLE OPE~TING ENTITY IF ~iFFERP:r~'F FPOM TN+: F~ITTEE. ~]TIL THE PERI, IT IS T~MSFERRFD PURSU.INT TO SECTION 40E-1-6107. F.A.C.. THE PERMITTAE S~{ALL BE LIABLE FOR COMFLI~CE WIT[~ THE TER~IS OF · rgE PE~}~IT. EACH PHASE OR INDEPENDENT PORTION OF 'PHE FEP, bllTTED SYSTEI~ MU.g? BE COMPLETED IN ACCORD~ICE WITH THE PEP~!TT~D PLf~S A.~) PEPMIT COMDITIONS PRIOR TO THE INITIATION OF THE PE~ITTED USE OF SiTE INF~STRUCTUEE L~AT~ WITHIN THE ~EA SERVED BY ~NAT PORTION OR PHASE OF T~E SYSTEM. ~]AC'4 PHASE OR INDEPENDENT PORTION OF THE SYST~i'~ MUST BE COMPLETED !~ ACCORD~JCE WITH THE PEP. HI,ED PL~;S ~1~ PERMIT C,>~.[DITIONS PRiCP TO T~f;FP2]~ OF 9E~PO~;SIBIL~TY FOR OPE~TIOM ~D ~i~IT~kNCE OF THE PH.~SE OP PORTION O~ THE SYST~('~ TO A LOCAL GOVErnmENT OR OT~IER RESPO~SISLE E~ITf'PY FC.?. THOSE SYSTEF:S THAT WELL B~ OPERATED OR FLAIlqTAINED BY AN ETNTI.'?'s' THAT WII,L REOUI2E ;df EASE~iEr,:T C,R DEED FESTR!C'IiON iN ORDER TO E~iABLE THAT ENTITY TO OPEP~TE MA~MTA!N THE SYSTEM ir,' CONFORMAHCE WITH THIS PE~IT, SUCH EASE~E~3T OR DEED RESTR~C'PIO~[ MUST BK P. ECORDED IN THE PUBLIC RECO~g ;~D SUB~I'rTED TO THE D~ST~ICT ALONG %VI'rS ~%' OTHER FINAL OPE~TION ~D b~INTENA>ICE U~'~4ENVS REQUIRED BY SECT!OI,~F ?.G ~J~D 30.C C,F THE DASI$ OF REVIEW FOR E~IRO~ENT~ RESOURCE PE~IT APPLICATIONS WIT~IN THE SOU%U FLORIDA WA'rER ~;.GE:{EN'I DISTRICT - AUGUST 1995, PRIOR TO LOT L%~IT SALES OB p~I(>R 'fO THE COHPL, ETION OF THE SYSTEM, WHICHEVER '%CCUFS FIRST. OTHER FILED W1T~I THE SECRET~RY OF STATE W~ERE APPROPF. IAI'E. FCR TM(JSE S':'SIEMS WF.[CN ARE PS.,.DPOSED TO BE bLRINTAI~iEO BY THE COt~TY OR M~]ICiPAL ENTITLES, FINAl. OPEF~TION }~.INF~!.IANCE DOCt~EiJTS I-~ST BE RECEI'JEO 8Y THE DISTRICT WHEI4 t.t~!~;FEN~CE ~;D OPE~ATiOR O= C'}{E fY.STEM IS ~CCEPTED BY ?H~: LOCAL GOVE~ENT ENTITY. FAILURE TO SiI~MIT THE APF[~CPRiATE FI~Ab ~Z~ENTS WiLL RESULT II'; 7HE PEP. MIT'FEE R~.~I~ING LIABb~ FOR CARRYIIf'3 (~.;~ MA t~'ITEM~CE ~)P OPEP~TiON OF THE PE~ITTSD SYSTEM ~D ~' OTHER PSF~I T CONDIT :C, bIS. SH¢)I.rLD ~dq'~' O.rHER REC, ULATORY AGENCY REQUIRE C.~bXNGES TO THE PE/'t. III'TED SYSTEM, THE PERMITTER ~IALb NOTIFY Tile DISTP. ICT lid WRITI~IG OF THE C~GES PRiOW TO iM~I,EI.IEN'/'ATiO~I gO THAT A DE'PERMI~IAT!ON C~' BE ~DE WHETHER A PERi, IT ~O~IFiCATION K EQI)I R Er'. THIS FER~I'~ Df'El NOT EI~IMINATE 'r~Ig R'ECESSITY 'FO OBTAIN ~f ~EQUIR~D FEDERAL, STA~E, LOCAL ~3D I~PSCIAI, OlSTRICT AUTHORIZATIONS PRIOR TO THE START OF ~Y ACTIVITY APPROVED ~Y THi:5 PERMIT. THIS PERMIT DOES NOT CC~5'EY TO T~E PEF~IT'FEE ,DR CREATE THE PERMi~TEE ~{Y PROPSRTY RIGHT, OK ~Y INTERES~ IN REAL PROPERTY. 5'OR DOES IT AUTHORIZE ~Y EN%~.~CE UPON OR ACTIVi'i~IES ON PROPERTY WNIC~ IS NOT 0W~;~D OR CO};TROLLEO BY THE PERMI~EE. OR COt~EY ~ RIGHTS OR PRIVILEGES OTHER TH;k] THOSE :{PECIFIED IN ~ME PERMIT ~D CHAPTER 40E-4 OR CHAPTER 405-40, F.A.C. THE PE.P_MITTEF iS ~£R~SY ADVISED THAT SECTION 25~.77, P.S. STATES THAT A PEa. SON HOT COMHENCE ~'~Y EXCAVATIOt4, CONSTRUCTION, OR OTF~ER ACTIVI'?Y !)P3ObVING THE USE OF SOVEREiGt; (3R OqHER L~DS OF THE ,STATE, TNE TITLE TO WHICg IS VESTED IN T~4E BOARD i. EASE, LfC~'[,:S2.. EASEMENT, OR OTHER FC~ OF CONSENT AUTHORTZ~L~G THE PROPOSED TNEREFOKE, T~iE PE~dITTgE 19 RZ~PO~SIBLE FOR OBTAINING ANY ~J~CESSAR'F AU/NOAIZATILh';S .'-ROM THE BC~D OF TRUSTEFS PRICR TO CC~ENCING ACTIVITY ON SOVEREiGNqY L.~,:DS OR Q~'HER 5q'~q'h-.-O',.'i,fED L~MDS. SEP 1 0 2002 F'k~glIE I~3. : 4301GE, 4 15. '39,1'.,E.%$ 'f[qg t'~'Cr{F cJUAL, IFIES FOP k GEbIERA[, ;'ER.I.Ii'I' I'[JRSL~Ab!'I' 'FO SLI~q;.~EcTTIO~I 40E-20.302(41 , F.A.C., a. LSO ~'d4,'J~H~ }.S THE "NC) ,~IOTICE" RULE. %HE ?ER!,II'r'q'EE $lt;,LL }fOLD id'CD SAVE 'I'H'E DISTRICT I, IAT~ILESS FROM A};Y A~JD ALL CLAIMS, OR I.,IABILi'~I['S W~;IC}I ~NY ARISE BY REASON OF THE C(~N~;'I'RIICTION, ALTEP~%TION, f~PEP~TION, ~,I;~'~:t¢A~C~:, RE~4OVAb, A~IDOI~EMT OR USE OF ,~ S%'S'I'E~I AUTFIORIZED BY FERI~Iq', ;345' DELii~IEATIO~I ©F THE EXTE~,rT '-DF A WETLAND OR OTHER S'~PACE WATER St'EMITTED AS PART THE PE~,I~IT AFPLICATIC~,I, II~CLUDI~;(~ PLUS OR CTHER SUPPORTING DOCL~E~TATION, ~;C~ BE CONSIDERED BI~:DI~IO [~,lbESS A SP[,CIFIC CONDITION OF THIS PE~IT D~Ef~II4A~IO~; I~;DSR f~EC'F1ON 373 421(2~, F.S., PROVIDES DT}tERWISE, T}{E PE~.~Ii"TEE SHALL NOTIFY q'P.E DISTRICT IN %';KITING WITHIN 30 [~AYS OF .tXi~P! SALE. CON'JEYANCE, O9. OTHER TP~A34SFER OF O[t, rlqERSNIP OR CONTKOb (DF A PERMITTED SYSTEM OR THE. REAb I~9. OITF. Rq'¥ ON %q}{ICI! THE PE,~.~IITTIED SYSTE~4 IS LOCATED. ~r~i T~ISFERS OF O;'~IERSHI? OR TRANSFEKS OF A PEPl,IIT ARE SUBJECT TO THE REQUIRE~FI~TS OF RILLES 40E-1,6105 ~D 40F-t .6107, F.A C...-'r}~g PER~ITTEE TRA[ISFEP. RI}]G THE PER~4I? SH~L[, RE~AI~I LIABLE FOR CO~REC'rI'/F A(~TIOI,!S '~NAT ~,Y BE REQUI~.ED AS A RESET OF ~ VIODATIONE PRIOR TO THE SALE, CCI~'EY~CE OR O7'HER T~SFER OF THE SYSTEM. UPON REASONABLE t,IOTICE TO THE PEFaMITTEE, DISTRICT AUTH(.)RIZED ,qTA.~? WiTH PROPER 1DEt'IT-'FICATiOI'I .?,H.~L,I, HAV=.. PE~.IIS,qlON TO EDUrER, IN$~fzCT, SA&llrLE .~,UD TEST THE SYSq'F~.! INSURE CO,~:FOP, MITY %';ITH TH.F, PI,AD~S Ak,ID SPECIFICAr!O]'~S APPROVEO B%' T~IE PERklIT, i¥. IF HI,'~TORI'.'d,I., CF'. ARCHAEOoOGIC'AL ;,F, TIFACTS ARE DISCOVERED A'r ~JY TIldE ON THE FROJEC:T SITE, 7'HE PEPJI!~EE SHALJ, IMIdEDIATELY NOTIFY THE APPRGPRIA'~E DIS~'RICT SERVICE C;E!JTEP. 1~,. TH~ PEP/~ITT~E S~LL I~DIEDI.'~TELY ~C)~IP~ TKE DZS'I'RZC'? ll~ 9JRITID.~G OF ?~Ff FREVI. C,i~SLY SUDP~Iq'TED INFOR~i'IO!4 %'HAl' IS hATER DISCOVERED TO BE II,I.~CCU~TE. SEP 1 0 2O02 45816~,4 F-cb. i?, 2'002' ~NVIRONMENTAL RESOLJRCE PERMIT 40E-4.321 Duratiorl of Permits CH/~PTER 40E-4 (10/95) (1) Unless r~'.'oked or otherw/se modified the duration of an t~rWironmentai resource permil issued under this chapter or Chaplet 40E-40, F.A.C. Is as Iollo~vs: (a) For ~ conceptual approval, Iwa years from Ihe date oi ~ssuance or the date specified as a condition of/he permiL unless within tt~at period an application for an individual or slandard general permit is filed for any po,dion of the project. II an application for an environmental resource permit is filed, lhen the conceptual approval remains vahd until final action i$ taken on the enwronmental resource permit application. If the appfication is granted, then Ihe conceptual approval is valid for an additional two years from the ¢la~e cf issuance ct the permit. Conceptual approvals whic;~ have no individual or standard general environments; resot~rce permit applications filed for a period of two years .~hall expire aulornatical~y at the end of Ihe two year period. (b) For a conceptual approval filed concurremly with a develupmen! of ;eg:onal impact application for development approval (ADA) and a local government comprehensive plan amendment, the dura,':on el the conceptual approval shall be Iwo years from wh:chever one of the following occurs at the lalest date 1 the etlective date of lhe local government's corr~prehensive plan amendment. 2 the effective date ct thr~ local government developmen! order. 3. ;he dare on which the District issues the conceptual approval, or 4. :h.=. latest date of the resolution of any Chapter 12.0.57. ,~.A.C.. adm.nislrative proceeding or otl~er ~ecja; apDeaJs For an mdividual or s:andard general environmental resource cermit, five years from ;he date of issu.~,"!.ce or such amcunl of hme ~$ made a condit;on ct the permit (d) For a noticed general permit issued pursuant to chapter 40-E-400, FAC , live years from the date the nell,re of irdenl to use tt~c perm,t is provided Io lhe District. (2.)(a) Unless pr.~scrioec b'),' speciat permil condition, pevmits expire automatically according to Ihe timeframes indicated in [his rue If appllcation for extension is made in writ,ag pursuant to subsection 13), Ihe pas'nd .,;hall ret'asia in t,.¢tl force, and effecl unlih the Govern,ag Board takes action on an appl.cation for ex!ension of an individual permit, 2. stalt takes action 3~ an application Ior exlension cf a s'.andard (jena. roi lb) Installation c:f lhe project outfall structure shall not constitute a vest;ag o! the perm,t The permit extension shall be Issued provided that a permit'.ne files a written request with lhe Distnct '~hov,,,r'g good cause prior ~o the expire'dcm of the permit. For ~he purpose ct Ihrs rule, good cause shall mean a se! of extenuatir~g circumstances oulside el the control of the pe~rni[tee. R.~quests for e.xtens,ons, which shall include docurncntahOr~ of the e~tenuating circumstances and how they have delayed Ih~s projecl, will not be accepted more than 180 days crier to tl~e expiration d',ite. (4) Substantial modihcebons lo Conceplual Approvals will extend thc duration of lhe Conceptual Approval for twoyee, rs from the dale of issuance ol the modfficstion. For the purposes of this section, lhe term 'substantial modification" shall mean a modification which is reasonably expected to lesd ~o substantially different water resource or environmemal impacts which ve~.; .e a d~ '?.'.ed Sdbstantial modi~cation~ to ir~dividual or standard {jeneral environmental resource permils issued pursuailt to a permit application extend lhe duration of the permit for three years trom the date of issuance ct th~:,, modification, Individual or standard general environn'~ental resource permit modifications do not extend the duration of a conceptual approval. Permil modifications iss,Jed pursuant to subsection 40E-4 33t (2)(D), F.A.C. (!otter modilicatior~s) do not exlend the duration of a permit. (7) Pailure to complete construction or alteration of the s~rface water management system and obtain operation phase approval from the Oislricl within the pe,'mit duration ~hall require a new penn! authorizalion in order to continde construction unless a permit extension is granted sf:,..ecitic, a:.~thotd~. 373 044. 373:~3 F S Law Implern?,)[~,d 373.4t3,373.416. 373 4If 373 $2R FS Hi-'lo"y--l~l.*',v 9-3-81. A, ncndc-'J 1-3' ,,32. I ;- I 3~. Forme;Iy 16K .1 07(.;I A,'nurvJod 2. ;.86 4/;20;'94. ^me~d~d 7- t 86. ~-.'2G'~4. 13-3 AGENOA ITEM SEP 10 2002 0 C.R. 951 .,,.% ~ o C.R. 951 C.R. 951 Z LLI r,..9 I~kL 5 UJ 0 SEP I 0 2002 ~. O0 UJ © d Z UJ >- ~ -- Z 5 c~ uJ n uJ uJ ::r LU SOUTH FLORIDA WATER MANAGEMENT DISTRICT FORT I~4YER$ SERVICE CENTER 2.301 McGregor Boulevard, Fort Myers, FL 33901 (941) 338-2929 · FL WATS 1-800-248-120l · Suncom 748-2929 · Fax (941) 338-2936 · www.sfwrndgov/org/exo/ftmyers/ CON 24-05 Environmental Resource Regulation Application No ' 000914-6 November 29, 2001 Patrick Moorton Southwest Florida Opportunity Fund, LLC 2223 Trade Center Way Naples, FL 34109 Dear Mr. Moodon: Subject: Final Monitoring Report, Environmental, Center Point Collier County, S3/T51S/R26E This letter is written to inform you that on November 26, 2001 this office received correspondence demonstrating that 1.86 credits have been purchased from the Panther Island Mitigation Bank. Thus, environmental Special Condition Number 9 and 10 of Permit 11-01987-P has been satisfied. The District appreciates your efforts to maintain compliance with the environmental conditions of the permit. Please be advised that this notice pertains only to the environmental special conditions of your permit. Should you have any questions or require fudher assistance, please contact me at (94t)-338-2929. Sincerely, Hal Herbst, Senior Environmental Analyst Environmental Resource Compliance Fort Myers Service Center GOV£RNING [JOARD EXECUTIV£ OF£1CE SEP 10 2002 Michae! Collins. Chairma, Michael D. Minton. Vice Chairman Mitchell W. Berger Vera M. Carter Cerardo B. Fernandez Patrick J. Coleason Nicolas ]. Gutierrez, Jr. Harkley R. Thornton Trudi K. Vv'illiams Frank R Finch, P.E., Execultt,e Director ~ames E. B/ount, Chi<f~!fS!,ifi Chip Nlerriam, Dm'rh,r EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) BY THE CRA BOARD TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on May 22, 2003, on the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. CONSIDERATIONS.'. The Bayshore/Gateway Triangle Local Redevelopment Advisory Board was created by Resolution 2001-98 on March 27, 2001 to review the Redevelopment Plan, to make recommendations to the Community Redevelopment Agency, to receive input fi.om members of the public interested in their respective component areas and to report such information to the Community Redevelopment Agency. Resumes will be accepted fi.om all interested parties, including Bayshore residents, Gateway Triangle residents, Bayshore business owners, Tamiami Trail (US4I) business owners, Davis Boulevard (SR84) business owners, Bayshore MSTU representatives, and at large representatives who reside or engage in business or both in the Bayshore/Gateway Triangle Component Redevelopment Area. A person who "engages in business' means an individual owning real property or a business, practicing a profession or performing a service for compensation or serving as an officer or director ora corporation or other business entity so engaged. Consideration will be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development, planning or design and building construction. Terms are 2 years. A list of the current membership is included in the backup. A resignation letter was received fi.om Mark Benfield (Davis Boulevard Business Owner) on June 27, 2002. A press release was issued and resumes were received fi.om the following 2 interested citizens: APPLICANT. CATEGORY~ DIS._._.J.T ELECTOR ADV. COMM. ~ J. DeFlavis I Davis Boulevard Business ~ None { Michaef~7~, Jr. L_~ Boulevard Business None COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the CRA Board 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 SEPTEMBER 10, 2002 SEP I 0 2002 pg.__2 MEMORANDUM TO: FROM: DATE: SUBJECT: Sue Filson, Executive Manager, Board of County Commissioners Thomas Tomerlin, Principal Planner August 2, 2002 Bayshore/Gateway Triangle Local Redevelopment Advisory Board Attached is the membership selection matrix for categorizing two applicants for a vacancy on the above referenced advisory board. Both applicants appear to meet the base qualification of being a Davis Boulevard (SR84) business owner consistent with the Bylaws. Otherwise, for purposes of this appointment, the applicants do appear to vary in areas of expertise and whether they are full or part owners in a Davis Boulevard Business. I hope the attached matrix is helpful to the CRA Board in their selection of a new Advisory Board Member. Please feel free to call if you have any follow-up questions. 2002 q' 'as~noN '3 le~qa!lnl s!^el:laO 'F' pleuold oCo§O,~ o P~._~ Bayshore/Gateway Triangle Local Redevelopment Advisory Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Deborah L. Russell 417-0401 05/22/01 05/22/02 1 Year 2667 Lakeview Drive 04/30/02 05/22/04 2 Years Naples, FL 34112 District: 4 Category: Bayshore Resident Mr. Chuck Gunther 2448 Bayside Street Naples, FL 34112 District: 4 Category: Gateway Resident/Business Mr. William C. Mears 3804 Clipper Cove Drive Naples, FL 34112 District: 4 Category: Bayshore Resident/At Large Ms. Sharon D. King 3307 Dominion Drive Naples, FL 34112 District: 4 Category: Bayshore Business Mr. Bill L. Neal 3839 Clipper Lane Naples, FL 34112 Distriat: 4 Category: MSTU Member Mr. Ronald A. Fowle 2595 E. Tamiami Trail Naples, FL 34112 District: 1 Category: Tamiami Trail Business Owner 774..6662 04/30/02 05/22/04 2 Years 774-6662 04/30/02 05/22/04 2 Years 774-7747 777-3531 05/22/01 05/22/03 2 Years 7744176 05/22/01 05/22/03 2 Years 774-6325 7744400 06/26/01 05/22/03 2 Years Tuesday, April 30, 2002 Page I of 2 Bayshore/Gateway Triangle Local Redevelopment Advisory Board [Fork Phone /lppt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Mark Benfield ~,or,.tO0 - 774-2832 3960 70th Street, S.W. k0.'b'l'°y' 263-6861 Naples, FL 34105 District: 3 Category: Davis Boulevard Business Owner 06/27/01 05/22/03 2 Years On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000-82 and 2000-83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (BayshoreJGateway Tdangle and Immokalee) as areas in need of redevetopment. In addition, Resolution 2000-83 authorized the creation of Local Advisory Boards by separate resolution to assist in the implementation of the redevelopment plan. The CRA adopted Resolution 2001-98, which included a set of bylaws for the Bayshore/Gateway Local Redevelopment Advisory Board. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Staff: --Mari~,,~ 7u~3ru, Con,~,,-~hcnc,~':c P~nn!n?=: 403-2300 Tuesday, April 30, 2002 Page 2 of 2 DATE: TO: FROM: MEMORANDUM July 22, 2002 Elections Office Sue Filson, Executive Board of County Commissioner~-'- Voter Registration - Advisory Board Appointments (Bayshore/Gateway Triangle Local Redevelopment Advisory Board) The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ~' -,'"/ '" "'" ' COMMISSION DISTRICT "~./ t ' "., ,""1'~7' " '"'"1 / i~ ~ '' . \I~,'. .. . · · ." ' ;, ._ Ronald J. OeFlavi, 3100 North Road ' Naples, FL 34104 Michael E. Nourse, Jr. 2575 14th St. N. Naples, FL 34103 Thank you for your help. Pg.. ~ - MEMORANDUM DATE: TO: FROM: July 22, 2002 Tom Tomerlin, Senior Planner Sue Filson, Executive Manager Board of County Commissioners Bayshore/Gateway Triangle Local Redevelopment Advisory Board As you 'know, we currently have one (1) vacancy on the above-referenced advisory committee. 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: Ronald J. DeFlavis 3100 North Road Naples, FL 34104 Michael E. Nourse, Jr. 2575 14th St.N. Naples, FL 34103 A Please let me kno~v, 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 SEP 1 0 2002 07/15/2002 18:33 F.~ 9417743602 F"iECEIVED ~oo~ BCC .JUL 16 2002, Board of County Commissioners 3301 East Tamiami Trail ~oArd of County,.Coim F~: (~4!) Home Addre~: ~ 0 Are you n r~M~ voter in Col~r Co~: Yes~o__ .- Do you c~e~ty bom pub~ office~ Yes. No held: Education:. Experience:_ lB 39~d NO~ $IA~30 g§8886~g~IO 9~:Ll ~00~/~IIL8 RESUME Ronald J. De. Flavi~ P.O. Box 7041 Naples, Florida 34101 Phone & Fax 1-239-213-062 8.. Cell 1-941-293-8828 E-mail ra~a~4s~att.net PERSONAL DATE 4./10~02 Born: September 27, 1942 Pcel~!l, New York; 61055 Weight; 240 lbs. Marital Stores: Single Health: Excellent Affillafions: Elks Club, Cood Sams, Kampgrounds of America Inc. Hobbies: Fishing, Hunting, Scuba Diving. Anfiquc Bottle Collecting. Snorkeling. Traveling 1977-2002 President 100% 0x~tcr Three Sisters Restaurant, President and 100% owner of DcFlsvis Construction Inc Muibc~-ry Homes Inc.; Naples on the GuLf R~ty, Inc.; and Repairs Inc. Respondblc for negotiating, estimating and bidding ofvadou~ buildings. CoordinaQng labor, materials, and sub- contracIors, Approving all bills and credits received.. Overseeing new constru~ion and m_~in~-Cn~nC~ on avex 166 rental houaes. Aecompllshmeats- Golden Gate Shopping Plaza, Naples Park PlaTa. 750 single family houses to date, Foux st~ condo complex Vand~'bilt Beach, Many Steel Buildings and Condos. 199% 2001 Organizing and building a K.O.A. Franchise for Puerto Vallana, Mexico Setting up a Mexican Corporation. to purchase land a~d hold fide in Mexico. Overseeing construction azxi supervising design work with K.O.A. Grazxi open~g of our franchi.sc Ja~umy 22, 1998. Managing host in charge ~fall phases ~f campground r~D"~nL maintenance and operations. 1975-1977 Collier County Vocational- Technical Centex, Mx. l~id Weatz, Dire~or, Naples, Florida Building Construction Instructor 1973-1975 Josaph De. Flavia, C~ncral Contraczor and Builder, Oat:co, Florida Full- time Proj~'t ~ -Rea. ponm'blc for estimating and bidding of various buildings, pax~ald~ng ia thg actual physical production of the Icmildings. Coordi~mting labor, materials, and sub.- cont~ctor~. ~g all staxements and c~edits re,i-eccl. Accomplishments- S ste~l buildings. 4 single dw¢!!in, gs, 9 dtlpic,xes, 1 Lil' Cxmctal Store, 1 Disabled ¥cicrans' Hall SEP 10 97 9 RonaM J. D~FL~s Pa~ 2 1969-1973 Summers and Vacations- Joseph De, Flavis, Gcncml Contractor and Builclcr, Oncco, Florida. Stsrtcd as laborcr, ~rkcd up to carpenter, la)uut man, project m~rtag~r. 1969-1973 P~_m3.ma Ca~_~_1 Company, Mr. John Fawcc~ Supervisor, Balboa, C~I Zone. Teacher, Dcparunent Chairman in industrial Education Department. 1957-1969 Mnnzt~ County Schools, Bradcnton, Florida Full-time teacher of IndustH~ Education. Hflmar United School System, Mr. C-e, orgc Lundstrom, Vice Principal, Hilmar, California, Teacher of Indmxrial Education. Courtcnay Public School Systcm, .Mr. P,_ B,acholtz. Principal, Courtcrmy North Dakots. Teacher of In--al Ectucation and of Physical Education. Chcstcrbrook Construction Corporation. Mr. Joseph DcFlavis, President, Yorktown I~ights, Nc-w York. P'art-6,'~: Machine opc:mtor. EDUCATION 1996 I<.O.A. Universiw, ser?iv.a~ and classes in construction, owning and operating of K-O.A. 1975 Allstate Construction Colleg~, Hollywood, Florida. Certificate of Completion as Gr, neral ConU-actor. 1974 C~If~t~t~s l~aulufacturing, Stark'vi32e, M-ississiI:~i. Seminar in Construction of Steel Buildings- Ccrffficate of Completion 1967-I971 Chico State CoUcg¢. Chico, California. Master of Arts Degree in Industrial Eclu~tion 1962-1966 Valley City Sts~ TJnivcrsiry, Valley CiW, North Dakota Bactt¢lor of Scicnc~ and Industrial Education and PhTsical Education 1961-1963 Un/vcrsity of Denver, Dcnvcr, Colorado. Began studies for Bachdor of $ci¢nc¢ Degree. Workcd part-time as security guard while $oing to school and had obtained a sec:mt clcaranc~ from U.S, Govm'mncnt. 1963-1966 Valley City S!a~_¢ College, Vallcy City, North Dakota. Bachelor ar Scicnr~: Dcgr~¢ in Education, Physical Education, and Indus~al Education LICENSES 1. Cmncral Corttractor Florida Stat~ Coml:~t~n~- Licem~ #CGA09717 2. Florida Smt~ Real Estate Broimr- Licenseg0248739-02397 3, Florida State Teaching Certificate for Building Construction 4. Mortgage Broker- Licen.~ gI-IBCK)12220 RESUME SEP I 0 2002 Rom~Id 5. De/lavis Page 3 REFERENCES Supplied on ~ AVAILABLE I1M2vfEDIATELY '07./.1.9/2002 1_2:46 New Pa~z¢ 1 9412622275 MIKE NOURSE CONST PAGE 02 Do )uu cra'Tun.dy bom l~d~l~ offico? Yes, No J hrtp://www.colliergov,n et/bcc/advis°ry°/dlOapplic ati°n'htm EXECUTIVE SUMMARY APPOINTMENT OF COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT BOARD AND SET TENTATIVE DATES FOR THE HEARINGS OBJECTIVE: To appoint 3 members (County Commissioners) and 2 alternates to serve on the Value Adjustment Board. (This board was formerly known as the Property Appraisal Adjustment Board; the name was changed by Chapter 91-112 of the FL Stat.) CONSIDERATIONS: Each year 3 County Commissioners and 2 School Board members are chosen to serve on this Board to hear appeals on property appraisals. The Property Appraiser's Office mailed out the assessment notices on August 15, 2002. Based on this information, it is suggested that tentative dates for the hearings be established as Wednesday, October 2, Thursday, October 3, and Monday, October 7, 2002. The hearings will begin at 9:00 a.m. By law, these hearings must be scheduled prior to October 13, 2002. The deadline to file appeals xvas September 9, 2002. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners appoint 3 members and 2 alternates to serve on the Value Adjustment Board, authorize the Executive Manager to BCC to contact the School Board to request the names of their representatives, and tentatively set Wednesday, October 2, Thursday, October 3, and Monday, October 7, 2002, as the hearing dates for the Value Adjustment Board. Prepared By: Date: Sue Filson, Executive Manager September 10, 2002 CONFIRMATION COMMITTEE EXECUTIVE SUMMARY OF MEMBER TO THE HEALTH AND HUMAN SERVICES ADVISORY OBJECTIVE: To confirm the appointment of one member representing the Naples Area Chamber of Commerce. CONSIDERATIONS: The Health and Human Services Advisory Committee is a 16 member committee was created on June 26, 2001 by Ordinance No. 2001-40 to assist staff in developing a comprehensive health and human services plan and propose an integrated system of private and public funding to meet the needs of local health and human service agencies. Terms are 1 year. A list of the current membership is included in the backup. The Naples Area Chamber of Commerce is recommending the appointment of: Ms. Angela Valvo Collins as their representative. COMMITTEE RECOMMENDATION: n/a FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, confirm the appointment, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 10, 2002 / Health and Human Services Advisory Committee .Name l~ork Phone /~ppt'd Exp. Date Term Home Phone Date~e-appt 2ndExpDate 2nd Term Mr. Joe Paterno 992-8000 1271 Foxtrot Court 643-4811 Naples, FL 34104 District: 3 Category: SW FL Workforce Development Bd. Mr. George Drobinski 455-2655 4626 Lakewood Boulevard 455-6131 Naples, FL 34112 District: 1 Category: Catholic Charities of Collier County Dr. Carl J. Sheusi 5198 Kensington High Street 430-1878 Naples, FL 34105 District: 2 Category: Independent Health Care Provider Mr. Edward A. Morton 116 Palmetto Dunes Circle Naples, FL 34113 District: 1 Category: NCH Healthcare System 10/23/01 06/26/02 1 Year 06/25/02 06/26/03 I Year Mr. Fielding Epstein 9816 Rockybank Naples, FL 34109 District: 2 Category: Cleveland Clinic 10/23/01 06/26/02 1 Year 06/25/02 06/26/03 1 Year 04/24/02 06/26/02 2 months 06/25/02 06/26/03 ! Year 436-5113 10~23~01 06~26~02 774-4754 06~25/02 06/26/03 1 Year 1 Year 348-4488 10/23/01 06/26/02 1 Year 593-9558 06/25/02 06/26/03 1 Year Ms. Tina Marie Osceola 793-9505 4447 29th Avenue, S.W. 354-0430 Naples,.FL 34116 District: 3 Category: Collier County Sheri~s Of Qce 10/23/0 ! 06/26/02 06/25/02 06/26/03 Page 1 of 4 Thursday, June 20, 2002 1 Year 1 Year SEP ! 0 2002 Health and Human Services Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Edward T. Ferguson 10/23/01 215 SiNerado Drive 06/25/02 Naples, FL 34119 District: 3 Category: County Government Productivity Comm Ms. Margaret Williams 108 Tucana Court, #603 Naples, FL 34119 District: 3 Category: Dental Association 262-1522 304-2888 Mr. Jim Coletta 3301 East Tamiami Trail Naples, FL 34112 District: 5 Category: County Commissioner Mr. Mark Gianquitti C'f$'~4.~',.~/o~ 3620 Tamiami Trail North Naples. FL 34103 District: Category: Chamber of Commerce 774-8097 262-6376 Ms. Pat F. Engelhardt-Provence 4680 St. Croix Lane, #537 Naples, FL 34109 District: 3 Category: Banking and Trust Industry 594-7715 594-7715 06/25/02 10/23/01 06/25/02 03/13/02 06/25/02 06/25/02 06/26/02 06/26/03 06/26/03 06/26/02 06/26/03 06/26/02 06/26/03 06/26/03 1 Year I Year 1 Year 1 Year 1 Year 3 months 1 Year 1 Year Thursday, June 20, 2002 Page 3 of 4 S? i 0 2002 Health and Human Services Advisory Committee Name Mr. Emie Bretzmann 2284 50th Terrace, S.W. Naples, FL 34116 District: 3 Category: United Way ~ork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDa~e 2nd Term 261-7112 10/23/01 06/26/02 1 Year 455-3496 06/25/02 06/26/03 1 Year Ms. Dee S. Whinnery 430-5704 481 31st Street, S.W. 354-9804 Naples, FL 34117 District: 5 Category: Collier County School Board Ms. Susan Luenberger 649-5000 479 Rudder Road 213-9275 Naples, FL 34102 District: 4 Category: Community Foundation of Collier Count Mr. Wayne Sakamoto 2664 White Cedar Lane Naples, FL 34109 District: 3 Category: Health Insurance Industry 10/23/01 06/26/02 1 Year. 06/25/02 06/26/03 1 Year 10/23/01 06/26/02 1 Year 06/25/02 06/26/03 1 Year 591-199 10~23/01 06/26~02 1 Year 591-1199 06/25/02 06/26/03 1 Year Ms. Ann Campbell 103 Clubhouse Lane,//285 263-1755 Naples, FL 34105 District: 4 Category: Health Planning & Finance Committee Ms. Petra M. Jones P.O. Box 1 Ft. Myers, FL 33902 District: Category: Mental Health Association 06/25/02 06/26/03 1 Year 261-5405 10/23/01 06/26/02 731-2206 06/25/02 06/26/03 1 Year I Year Thursday, June 20, 2002 Page 2 of 4 Health and Human Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDale 2nd Term This 16 member committee plus I commissioner was created on June 26, 2001 by Ordinance No. 2001-40 to assist staff in developing a comprehensive health and human services plan and propose an integrated system of pdvate and public funding to meet the needs of local health and human service agencies. The committee consists of members from a broad base of citizens and disciplines including: The United Way, Community Foundation of Collier County, Collier County Community-Based Care Alliance, SW FL Workforce Development Board, Public School District, Sheriff's Office, Hunger & Homeless Coalition, Naples Chamber of Commerce, Mental Health Association, Dental Association, Naples Community Hospital, Cleveland Clinic, Banking and Trust Industry, Health Care Planning & Finance Committee, Health Insurance Industry, and a local independent Health Care Provider. Terms are 1 year. FL STAT Staff: John Dunnuck, Public Services Administrator. 774-8468 Thursday, June 20, 2002 Page 4 of 4 0?/08/2002 16:38 FAX 9417743602 BCC [~1001 Board of County Commissioners 3301 East Tamiami T-r~il;-'~ Naples, FL 34112 ...... ~, (941) 774-8097 Fax: (941) 774-3602~..~ . s .~ ,..,.:.~yc.,.: '.~7i'.3fi i '35 , Application for Advisory Committees/Boards t4t- Name: ~-'~: i-,N~ ~r'~e~E';_~, ~V~ HomePhone: ~V-- ~t Z V FaxNo.~t-¢¢~~ Busin~sPhone:Jq~'~J~l ~l+e-mailaddr~: Ck[ ~q~' ~1.~ . · ' Boaffi or Committee Applied for: H H~ g~'lfi~V~,~mi~~ Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes / Do you currently hold public office? Yes If so, what is that office? No No/ Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please llst the committees/boards: No Please list your community activities (civic clubs, neighborhood associations, etc. and positions hel~ r ,/~'~'_ 't-,o~ t-,e".,. ~-"f-'5 ....~ -~' ' Please attach troy additional information you .feel pertfiten~ This a£plicatlon zhouM be for~varded ta Sue Filson, Ex, Board of ChunO, Commissioners, 3301 East Tamiami Trni~ Naples, FL 34112. lf you wish, pleate fax your application to (941) 774.$602 or e.mail to suetTlson(-~colllergov, n~t. ThanR yon for voluntetring to serve tlte citlzen~ of Collier Cotmty. Angela Valvo Collins 4324 Silver Fox Drive Naples, Florida 34119 Highlights of Qualifications Professional Experience Education Professional Affiliations Community Service Proven success in developing and directing a multi clinic rehabilitation agency servicing outpatients, extended care facilities and adult living facilities · Excellent leadership and management skills · Strong community relations and public speaking skills Physiotherapy Associates d/bla Suncoast Rehabilitation and Aquatics. May, 2000 - Present Group Director Direct all west coast of Florida activities of this expanding, multi- disciplinary and multi clinic rehabilitation practice which provides physical, occupational and speech therapy services to adults and children. Manage all local administrative, professional and clerical staff; recruit and select all local administrative, professional and clerical staff; supervise all local financial and clinical functions including billing, accounts receivable, and budgeting. Develop and implement professional and community health education projects via lectures locally and statewide. Suncoast Rehabilitation and Aquatics. April 1983 - May 2000 Vice President and Administrator Developed a multidisciplinary outpatient practice from inception inclusive of the establishment and development of policies and procedures, clinical and clerical staff management, and contract development. Supervised and assisted in the development of computerized clinical documentation and wide area network support, Certificate in Physical Therapy - Simmons College - 1978 Bachelors of Science - Biology - Simmons College - 1978 National Association of Rehabilitation Agencies ~O. ~ American Physical Therapy Association Area Chamber of Commerce - 1999 :o present "7 Director Naples Board Member- Boys and Girls Club of Collier Count, - 1~ to ! present ............... Chairperson - Leadership Collier Class of 1999 (Graduate of Class of 1996) COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICES SOCIAL SERVICES DEPARTMENT 3301 E. TAMIAMI TR. HEALTH AND COMMUNITY SERVICES BLDG. NAPLES, FLORIDA 34112 (941) 774-8154 FAX: (941) 774-3430 Ms. Angela Collins 4324 Silver Fox Drive Naples, FL 34109 Dear Angela: Thanks again for your interest in the Health and Human Services Advisory Committee. Please fred enclosed the application for becoming a member of this group. If you would, please forward to: Sue Filson, Executive Manager to the Board of County Commissioners 3301 East Tamiami Trail, East Naples, FL 34112 If you have any further questions about the group do not hesitate to contact me at 774- 8442 or email me at BarryWilliams~colliereov. net. Look forward to meeting you soon. Sincerely, Director of Social Services BAW Enclosure $£P I 0 25 2 Subject: dunnuck_j Wednesday, July 03, 2002 10:22 AM WilliamsBarry rosiak_n; filson_s FW: L.{uman. Sero i~ i-~.ry,_ Ba~d, Hi Barry, Will you contact this lady and provide her the information she needs? arrangements with the BCC to advertise the position left by Mark. Will you also make Thanks, JD ..... Original Message ..... From: Mike Reagen [mailto:Mike@napleschamber.org] Sent: Tuesday, July 02, 2002 1:41 PM To: dunnuck_j Cc: 'ski2golf@aol.com' Subject: Human Service Advisory Board Hi John: Forgive me for unintentionally interrupting your meeting this morning with my phone call. Mark Gianquitti has taken a new job in Jacksonville. Good man and we wish him well. He reverently was appointed to the County's Human Services Advisory Board, the notice to his appointment arriving after he left. From a Chamber perspective, it makes great sense to suggest that most often Chamber representation on appropriate County advisory boards be held by acceptable Chamber members. This, frankly, adds value to Chamber participation, enriches our Chamber Board's knowledge of ways the Chamber may be helpful to County Government and understanding of the many complex issues with which the County must cope. From a County perspective, many of our members possess special expertise that can enrich the advise from the Advisory Board to the County. Please know I very much want to work more closely with the County than, perhaps, the Chamber has in the past. Please understand this email is merely an inquiry. Angela Collins, Administrator and Vice President, Suncoast Rehabilitation [90 Cypress Way East, Suite 65, Naples 34110; O=239.591.3331, X 24; Fax=591.3749. Her email address is copies above.] is a key member of the Chamber's Board. Perhaps, you know her. I am told she has provided service to the County in the past. Prior to emailing you, I asked Angela if she might be interested in my advancing her name as someone who could, perhaps, be considered to assume Mark's seat on the Human Services Advisory Board. Angela is considering assuming a major role in a new Chamber initiative and wonders about the time commitment required by the County should both she and the County be interested in her possible service. At the risk of imposing, may I ask you for guidance and advice? Is it okay for us to suggest someone from the Chamber to assume Mark's seat? If so, would you of one of your colleagues be willing to take a moment and directly phone Angela to explaining Advisory Board requirements? By copy of this email to Angela, I am notifying her that someone may phone. If it is permissible for the Chamber to suggest the County consider a replacement for Mark's appointment and if Angela decided not to accept an appointment shoul~ it be offered to her, may we continue the quest for another Chamber representative? ~ct phone line is 403.2901. Talk with you when you have a you for your consideration. V. Reagen, President ..>> <http://www.napleschamber.org/> &e@NaplesChamber.org ~620 Tamiami Trail North, Naples, FL 34103-3724 Main Office: 239-262-6376 FAX: 239-262-8374 p~ /~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO DEVELOPMENT SERVICES ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 14, 2004, on the Development Services Advisory Committee. CONSIDERATIONS: The Development Services Advisory Committee is composed of 15 members and represent the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. A list of the current membership is included in the backup. Mr. C. Perry Peeples resigned on June 4, 2002. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert J. Mulhere Land Planner I Yes None Ronald L. Stetler Attorney 2 Yes None Scott D. Klein Project Manager 2 Yes None William J. Varian General Contractor/ 5 Yes None Structural Engineer COMMITTEE RECOMMENDATION: Robert J. Mulhere 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: SEPTEMBER 10, 2002 SEP I 0 2002 Memorandum To: From: Date: Sue Filson, Executive Manager Board of County Commissioners Joseph K. Schmitt, Administrator Community Development and Environment~T~h/ices August 8, 2002 Subject: Development Services Advisory Committee Vacancy Listed below are the applicants for the Development Services Advisory Committee. All applicants have been categorized in their area of expertise. Scott D. Klein Project Manager; experience in managing special corporate projects, budgeting, land development and management, governmental Permitting relating to civil engineering, executive sous chef Robert J. Mulhere Land Planner; experience in growth management, land planning, site development, urban design, neighborhood planning, zoning regulations, public facilitation Ronald L. Stetler Attorney; experience representing clients in the acquisition and development of land parcels William J. Varian Structural Engineer; General Contractor experienced in all aspects of construction and remodeling including roofing At the August 7, 2002 meeting, members of the Development Services Advisory Committee recommended Robert J. Mulhere to fill the vacancy. Community Development and Environmental Servi, Office of the Administrator Name Development Services Advisory Committee [Fork Phone ~lppt'd Exp. Date ttome Phone DateRe-appt 2ndExpDate Tel'm 2nd Term Mr. Dino J. Longo 4711 Via Carmen Naples, FL 34105 District: ~x ~ Category: General Contractor Mr. Herbert Rosser Savage 816 Elkcam Cir. #101, P.O. Box 639 Marco Island, FL 34146 District: 1 Category: Architect Mr. Dalas D. Disney 125 Airport Road, N. Suite 200 Naples, FL 34104 istr/ : q Category: Architect Mr. Blair A. Foley 120 Edgemere Way South Naples, FL 34105 Category: Engineer Mr. C. Perry Peeples(?5:.-. 248 Viking Way L~.C~ Naples, FL 34110 District: 2 Category: Attorney Mr. Peter Van Arsdale 123 1 lth.Avenue South Naples, FL 34102 District: 4 Category: Construction Wednesday, February 13, 2002 514-4404 12/19/95 12/14/99 4 Years 643-7557 12/14/99 12/14/03 4 Years 304-1580 12/14/93 12/14/97 4 Years 304-2918 02/12/02 12/14/05 4 Years 261-3399 10/18/94 12/14/96 2 Years 455-2300 02/27/01 12/14/04 4 Years 643-2324 597-7088 591-3993 6494112 2598246 12/14/99 12/14/03 4 Years 12/17/96 12/14/00 4 Years 02/27/01 12/14/04 4 Years 11/14/00 12/14/03 3 Years Page I of 3 SE? ~ 0 2002 Pa. ,.'-5' Name Development Services Advisory Committee [Fork Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Mr. Anthony P. Pires, Jr. 209 Madison Drive Naples, FL 34110 Category: Attorney Mr. Robert L. Duane 4880 6th Avenue, S.W. Naples, FL 34119 District: 3 Category: Land Planner Mr. Bryan P. Milk 634 Bimini Avenue Marco Island, FL 34145 District: 1 Category: Professional Land Planner Mr. Thomas R. Peek 90 East Avenue Naples, FL 34108 District: 2 Category: Professional Engineer Mr. Thomas Masters 4401 Pond Apple Drive Naples, FL 34119 District: ~ ~ onal Category: Pro fessi Engineer Mr. Marco A. Espinar 3880 Est.ey Avenue Naples, FL 34104 Category: Environmental Planner Tet'm 2nd Term 649-6555 02/12/02 12/14/05 4 Years 262-4617 10/18/94 12/14/96 2 Years 353-4167 02/27/01 12/14/04 4 Years 649-1509 02/27/01 12/14/04 4 Years 649-4040 12/14/93 12/14/96 3 Years 02/27/01 12/14/04 4 Years 353-1551 02/23/99 12/14/99 1 Year 592-5853 12/14/99 12/14/03 4 Years Wednesda>', February 13, 2002 263-2747 12/14/99 12/14/03 4 Years Page 2 of 3 Name Development Services Advisory Committee I~orh Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Tex'm 2nd Term Mr. Charles Morgan Abbott 1306 28th Avenue North Naples, FL 34103 District: 4 Category: General Contractor Mr. Justin Martin 5353 23rd Avenue, S.W. Naples, FL 34116 Dixtrict: 3 Category: Professional Engineer 649-4286 12/14/93 12/14/97 4 Years 6494286 02/12/02 12/14105 4 years 649-4040 02/12/02 12/14/05 455-1535 4 Years 793-11:33 12/14/99 12/14/03 4 Years Mr. Brian. E. Jones 2121 Heritage Tr. Naples, FL 34112 District: 1 Category: General Contractor This 15 member committee was created on 10112/93 by Ord. No. 93-76, amended on 11/07/95 by Ord. No. 95-60 to add additional categories of industry membership representation. This committee represents the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Sewices Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Terms are 4 years. FL STAT Staff: Joseph Schmitt, Cornm Dev & Env Services Administrator. 403-2385 l~edne~da.v; February 13, 2002 Page 3 of 3 102002 MEMORANDUM DATE: July 8, 2002 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMISSION DISTRICT Robert J. Mulhere 1946 Sheffield Ave. Marco Island, FL 34145 Ronald L. Stetler 7342 Stonegate Dr. Naples, FL 34109 Scott D. Klein 1925 Countess Court Naples, FL 34110 William J. Varian 210 31st St.N.W. Naples, FL 34120 Thank you for your help. .iUL ~ '~ 21 SEP o 2 02 MEMORANDUM DATE: TO: July 8, 2002 Joseph K. Schmitt, Community Development Services Administrator FROM: Sue Filson, Executive Manager Board of County Commissioners Development Services Advisory Committee As you know, we currently have one (1) vacancy on the above-referenced advisory committee. 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: A Robert J. Mulhere 1946 Sheffield Ave. Marco Island, FL 34145 Ronald L. Stetler 7342 Stonegate Dr. Naples, FL 34109 Scott D. Klein 1925 Countess Court Naples, FL 34110 William J. Varian 210 31st St. N.W. 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 t Thursday, June 27, 2002 Sue Filson, Executive Manager Office of The Board of County Commissioners Collier County Government Harmon Turner Building, 3ra Floor 3301 East Tamiami Trail Naples, FL 34112 comm. Rec'd Copy Dear Ms. Filson: Please accept this letter as a formal application for appointment to the Development Services Advisory Council (DSAC). I am have been a resident of Collier County since 1984 residing in County Commission District 1. I am a registered voter, and an active member of the community. As a former County staff member, I am very familiar with the role of the DSAC, and I feel that I can make a positive contribution to this Council, to the Board of County Commissioners, and ultimately to the citizens of Collier County. I have attached a copy of resume for you consideration as well. Please forward a copy of this letter and the attached resume to each member of the Board of County Commissioners. I can be reached at telephone number and address provided on this letterhead, or via email at rjm(d,consult-m:a.com should you have any questions or require additional information. Sincerely, Robert J. Mulhere, AICP Director of Planning CC: Commissioner James N. Coletta, Jr., Chairman Commissioner James D. Carter, Ph.D. Commissioner Fred W. Coyle Commissioner Donna Fiala Commissioner Tom Henning James V. Mudd, County Manager Joseph K. Schmitt, CD &ES Administrator SEP :0 , 2 02 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (239) 649-1509, fax: (239) 649-7056 · www.consult-rwa.com ROBERT J. MULHERE, AICP Planning Director RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, Florida 34104 Telephone (239) 649-1509 Facsimile (239) 649-7056 Mr. Mulhere offers over 15 years of professional planning experience and community services to Southwest Florida commu,ities. Prior to commencing employment with RWA, Inc., Mr. Mulhere's was employed as Planning Director for Collier County Government. Mr. Mulhere holds a B.A. in Political Science and a master's degree in Public Administration from Florida Gulf Coast University. Bob ]tas been a member of the American Institute of Certified Planners since 1994. As a result of his significantplanning experience in this fast-growing region of the country, Mr. Mulhere is considered a leader in his field, with particular expertise in growth management, land planning, site development, urban design, neighborhood planning, zoning regulations and ordinance writing, cot~ict resolution, and public facilitation. PROFESSIONAL EXPERIENCE: 2001 - Present: Director of Planning, RWA, Inc., Naples, Florida. Planning Director. - Responsible for initial start up and development of a Planning Division in order to offer the full spectrum of development and professional planning consulting services on local, a regional and ststewide basis. Consultation services include: zoning and site planning; visioning; comprehensive and strategic planning; community and neighborhood plans; public facilitation and participation; master planned communities and expert testimony. 1998 - 2001: Collier County Government, Community Development - Environmental Services Division, Naples, Florida. Planning Director - Direct supervision over a staff of 65, including professional planning, environmental, landscape architecture, transportation planning (MPO), engineering review services and support staff. Responsibilities include budget preparation and administration of all aspects of planning, engineering and development review. Responsible for administration and interpretation of the Collier County Comprehensive Plan and the Collier County Land Development Code. Staff liaison to the Collier County Planning Commission, the Collier County Environmental Advisory Council, and several other advisory boards, committees and subcommittees. 1994 - 1998: Collier County Government, Community Development 8r Environmental Services Division, Naples, Florida. Current Planning at Technical Services Section Manager - Direct supervision over a including professional planning, environmental, landscape architecture, and support Responsibilities include: budget preparation; administration of the Collier County L~ O '~AdminismUlo~WA I~:\00-000? .Mazk~i~gL~.caum~ol~ -Mulhcrc~J~tia~ Rcsutr~.Bob Mul $- 16-OI.do~ af cf gj Development Code; processing and review of all land use petitions; site development plan review; zoning compliance; and, staff liaison to the Collier County Planning Commission, the Collier County Environmental Advisory Board, and several other advisory boards and subcommittees. Additional responsibilities include: working with various neighborhood and civic groups developing area specific comprehensive plans and zoning overlays; overseeing special projects; and, making formal written and oral presentations to elected officials and citizen groups on a weekly basis. 1992 - 1994: Collier County Government, Community Development - Environmental Services Division, Naples, Florida. Planner II - Responsibilities included; preparation of Land Development Code Amendments; review of, and recommendation on, various types of land use petitions, including rezones, conditional uses; subdivision plats, planned unit developments (PUD), developments of regional impact (DRI) and so on. Additional responsibilities included: making formal written and oral presentations to elected officials and citizen groups; preparing written responses to general inquiries from the public and the development community. 1989 - 1992: Collier County Government, Community Development & Environmental Services Division, Naples, Florida. Planner I - Entry-level professional planner position. Responsibilities included: preparing correspondence relative to zoning and planning (land use) matters; researching issues and providing a written position paper, usually in support of or in opposition to various proposed land code amendments; review of site development plans for all multi-family and non-residential development in Collier County. EDUCATION: Postgraduate - MPA -Florida Gulf Coast University (May 2001). Undergraduate - B. A. Political Science - St. Michael's College, Winooski Park, Vt. (May 1977) High School - Clarkstown H. S. No., New City. N. Y., 1969 - 1973. (May 1973) O:~dn~nisn"a~ion",RWA ln~',l~O-0007 Mnrkoinst'~:stc'n~ob Mulh~'~ R~um~ Bob Mul 8-16-01 .do~ 2 AC, END& ITEM SEP i 0 2'O02 ACCOMPLISHMENTS: · Named 1997 "Marco Island Citizen ofthe Year Award" by the Naples Daily News · Named one of Marco Island's "Top 30 Leaders of 20th Century" by Marco Island Eagle · Appointed to U. S. Army Corps of Engineers Southwest Florida Environmental Impact Statement Alternatives Development Group (ADG) · Member Southwest Florida Ecosystem Recovery Taskforce Working Group · Coordinated the development of first County Wide Architectural Design Standards in State · Instructor, Florida Chamber of Commence Growth Management Short Course · Received Florida American Planning Association "Award of Merit" in 2000 · Received Florida American Planning Association Award of Excellence" in 1997 · Developed Marco Island Zoning Overlay District · Coordinated major rewrite of Collier County's Landscape Code · Developed Collier County's comprehensive sign ordinance · Leader oftaskforce that developed integrated computer network for all aspects of development review, code enforcement and permitting · Serve as Divisions lead facilitator for the County's Quality Improvement program for three years · Member of Disaster Recovery Task Force, which developed County's disaster recovery policies · Volunteer phone bank leader for Emergency Management Office · Supervised development of various sub-area master plans and zoning overlay documents · Received Distinguished Leadership Service Award from YMCA of the USA in 1997 · Received Distinguished Fundraising Service Award from YMCA of the USA in 1998 PROFESSIONAL -CIVIC AFFILIATIONS: · Member American Institute of Certified Planners (AICP) · Member American Planning Association (APA) · Member Florida Chapter of the American Planning Association (FA.PA), Executive Committee · Chairperson, Promised Land Section of the Florida Chapter APA (2001-03) · Member American Society of Public Administrators (ASPA) · President, Marco Island Charter Middle School Board (2001) · Member Urban Land Institute (ULI), Southwest Florida District Council Member · Marco Island YMCA Board of Directors, (Pres. 1996, 1999) · Member Tommie Barfield Elementary School Advisory · Committee Member City of Marco Island Parks at Recreation Advisory Board (1999, 2000) References Available Upon Request O ~Ad~ni~tratlon'~RWA [n~;k00 0007 Mat~ing~.~um~Xl~b 3 SEP 1 0 Application for Advisory Committees/Boards Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Name: Ronald L. Stetler Home Address: 7342 Stonegate Drive, Naples, Florida Fax No. 239-597-6984 Business Phone: 239-597-7088 Business: Garlick, Stetler & Peeples, LLP ltome Phone: 239-597-6127 Zip Code: 34109 e-mail address: rstetler~garlaw.com Board or Committee Applied for: Development Services Advisory_ Committee Category (if applicable): Attorney Example: Commission District, Developer, environmetalist, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have ever served, on a Collier County board or committee? Yes ~ If yes, please list the Committees/boards: No X Please list your community activities (civic clubs, neighborhood associations, etc. and Collier County Bar Association, President 1994-1995, Board of Directors 90-95 Naples Pelican Bay Rotary_, President 1994, Board of Directors 1990-1995 Victoria Park Home Owners Association, President 1984, 1985 Stonegate Home Owners Association, President 1992 Chamber of Commerce Chairman of Special Committee on Taxing Present Memberships: CBIA; EDC; Naples Chamber of'Commerce Education: Iositions held: h~.. BS University of Florida 1976; JD University of Florida Holland Law Center 1979 Experience: I have practiced law in the Naples area for approximately 22 years. In recent years, a substantial portion of my work concerns representing developers in the acquisition and development ofvari0us parcels in Collier and Lee Counties. In this capacity, I am acutely aware how changes to government development services impact our clients and their properties. My membership on the committee would provide me with vital information regarding development services and changes taking place therein, and at the same time provide the committee with an individual, with a background and interest in the subject matter, who will enhance its effectiveness. The Bonita Bay Group June 19,2002 ~o~~ ~ Co~n~ ~o . - Mrs. Sue Filson Executive Manager to BCC 3301 Tamiami Trail East Naples, FL 34112 Subject: Development Services Advisory Committee Vacancy Dear Mrs. Filson; The intent of this letter is to submit my resume and request that I be considered for the vacant position on the Collier County Development Services Advisory Committee. I am a resident of Collier County and have I0 years of experience in the land development industry, with 5 '/2 years permitting with Wilson Miller and 4 ½ years with Bonita Bay as Project Manager and Director of Special Corporate Projects. I have an MBA from Florida Gulf Coast University and a Bachelors degree from The University of South Florida. I currently serve on the board of the Graduate Business Association at FGCU and am a Trustee on the Board of the Animal Refuge Center, a non-profit, no-kill shelter in Lee County. I recently sat on one of the Collier County United Way budget review committees, reviewing two agencies affiliated with the United Way in Collier County. Should you have any questions, or need any additional information, please feel free to contact me at any time using my direct line, 390-1144. Thank you in advance for this oppornmity. Sincerely, Scott D. Klein Director of Special Corporate Projects Bonita Bay properties Inc. · Boni[~ B~ E~cu~iv~ C~n~e~ I 5431 Bonita Bay Blvd· Suite ~og · Bo'nita Springs · FL 34154-4395 Phone: (941) 495-1000 ' Fax: (941) 99e-e6;e · Web: www.bonitabaygroup.com Scott Klein 1925 Countess Court Naples, FL 34110 US _scottk(~bonitabayq roup.com - Primary Phone:9415914386 Hobile:9418487248 Director of Special Corporate Projects/Project Manager EXPER/ENCE 10/1997 - Present The Bonita Bay Group Bonita Spflngs, FL Dire<tm' of Spedal ~t.e P~oJ.ec?/P.roJect ~l~4al~a budgeting for all Project Hanager for 2,400 acre flagship ~evempment. ~ nage developments, totalling $100 million in 2000. Manage vacant lands for the company and In charge of turnover to the appropriate community assoclaUo~.'! was Integral In the purchasing and implementation of Integrated software pecloages, linking T~rnberline ~ob Cost to Precision EsUmaflng and Primavera schedule to mar~e corporate cash flow. ! am responsible for adding property to the borrowing base, allowing collateral to be placed against our line of credit with our primary funding source, SunTrust Bank, N.A. 8/1992 - 10/1997 Wilson Hiller Fort Hyers, FL Permit Coordinator Responsible for submittal and receipt of state and county governmental permits related to dvil engineeflng. Supervised rerographics department. EDUCAT/ON 9/1991 - 8/1992 The Ughter Side of Cooking Fort Myers, FL Owner Owned and operated Iow fat cooking classes. Responsible for marketing, sales and teaching classes. 1'2/1996 - 9/1991 . Sheraton Harbor Place FO~ Hyers'~*FL '" Executhre Sous C~ef Responsible for management of 35 person Idtchen staff. Responsible for scheduling employees, ordering' supplies, inventory, organization of events*and managed production for this 400 room hotel with 2 restaurants and banquet fadlitJes for up to 750 people. 5/2001 Florida Gulf Coast UniverSity US-FL-Estero Master's Degree Master in Busine~ Administration (HBA) wit~ a concentration in Hanagement. 5/1996 UniverSity of South Florida Bachelor's Degree Bachelor of Arts In History with an English minor. US-FL-Fort HyerS 4/1994 Edison Community College Associate Degree Assodates in Political Sdence US-FL-Fort Hyers AFF]~LIAT/ONS S~L~ 5/1981 SUNY Cobleskill US-NY-Coblesldll Associate Degree Associate in Occupational Studies, professional Chef concentration 4/2001 - Present 11/1999 - Present 10/1996 - Present Graduate Business Alumni member, Board of Association, Florida Gulf ..Directors Care and Rehabilitation of Wildlife (CROW) Animal Refuge Center Skill Name Sldll Level Power Point Expert HS Word Expert Excel · Expert NS Project Expert Precision Estimating [ntermediate PHmavera Scheduling Expert Visio Intermediate ·. , Last Used Currently used Currently used CurrenUy used .. CurranUy used CurrenUy used CurrentJy used Currently used Corporate: B~rd oft ' 5 ' ,ears 7 ' ,ears 7 ' ~ears FROM :khM J URRIAN FAX NO. :9413527392 Jun. 18 2002 04:53AM Board of County Commissioners 33ol g~t Tamlaml Tr~l (~4~) ~ ~: (~1) ~T~ Application for Advisory Committees/Boards BoerdorCommfttee Applied br. ~)~-~--~°~v~'~T ~-)~f~' ~°O0~°~C ' C~ Ca~ory (if ap~l~):~ A~e you a rtgk~sr~d your ~ Co~r Coua~ Y~ ~ _No Do yon ~re~ b~ pub~ ,~? Y~ No ~ lf~, ~e~ ~ tho ~~~:. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term expiring on ~:ebruary 14, 2005 on the Collier County Code Enforcement Board. CONSIDERATIONS.: The Collier County Code Enforcement Board is a 7 member board, plus 2 alternate members, and is composed off but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas oftbe codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. Kathleen Curatolo resigned her position aRer becoming a candidate for an elective political office. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Sheri Barnett Financial Planning 5 Yes None G. Christopher Ramsey Financial Planning 1 Yes Code Enforcement Board (ALTERNATE) Barton C. Mercer Real Estate 4 Yes None Gerald J. Lefebvre Real Estate l Yes Code Enforcement Board (ALTERNATE) NOTE: If the Board appoints one of the Alternate members to fulfill this vacancy, they will then need to appoint another Alternate to fulfill the remainder of that seat. 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 regular member and 1 altemate member, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 10, 2002 SEP 10 2002 / Me, rnorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Michelle E. Arnold, Code Enforcement Director August 12, 2002 Candidates for Code Enforcement Board Vacancy The resumes for the applicants listed below were reviewed and these meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY DISTRICT Gerald J. Lefebvre G. Christopher Ramsey Sheri Barnett Barton C. Mercer Real Estate One Financial Planning One Financial Planning Five Real Estate Four If you need further assistance, please advise. MEA/slh Code Enforcement Department Community Development & Environmental Services Divisie SEP 10 20.32. Collier County Code Enforcement Board - North Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Mr. Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 District: 2 Category: REGULAR - Engineer Ms. Roberta Dusek 963 Fountain Run Naples, FL 34119 District: 3 Category: Realtor Term 2nd Term 598-3100 10/06/98 02/14/00 2 Years 253-0202 11/23/99 02/14/03 3 Years 774-2428 02/10/98 member 7 months 261-1111 01/23/01 02/14/04 3 Years Ms. Kathryn M. Godfi'ey ~ 05/22/01 Naples, FL 34116-''Jq'~ District: 5 Category: REGULAR - Busine~s:,sd's.F'f~q?...~ c, ;'" Ms. Kathleen Curatolo -~ ,-~ -. 0 594-8847 7649 San Sebastian Way '{5- ~ ~ 514-2172 02/14~03 Naples, FL 34109 District: 2 Category: REGULAR- Professor Mr. Cliff'ord Wesley Flegal, Jr. P.O. Box 2663 Naples, FL 34106 District: 1 Category: REGULAR/Realtor Ms. Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 District: 4 Category: Realtor/Business 05/22/01 02/14/04 04/28/02 02/14/05 IVednesda); 31ay 29, 2002 2 Years 3 Years 06/03/97 02/14/00 8 months 774-9674 01/23/01 02/14/04 3 Years 02/23/99 02/14/02 3 Years 434-9230 02/12/02 02/14/05 3 Years Page 1 of 2 Collier County Code Enforcement Board - North Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Gerald J. Lefebvre 659-2449 4401 Beechwood Lake Drive 775-8604 Naples, FL 34112 District: 1 Category: ALTERNATE - Real Estate/Zoning Mr. George P. Ponte 565 Augusta Boulevard, Apt. 10 Naples, FL 34113 District: 1 Category: Retired CBS Employee 793-1370 Mr. Christopher Ramsey 363 Torrey Pine Naples, FL 34113 District: 1 Category: ALTERNATE - Attorney 530-3434 417-0228 04/28/02 02/14/03 1 Year 02/18/97 02/14/00 3 Years 01/25/00 02/14/03 3 Years 04/28/02 02/14/04 2 Years This 7 member board was created pursuant to Chapter 162 of the FL Stat. by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 12/3/96. FLSTAT 162 Staff: Michelle Arnold, Code Enforcement Director.: 403-2413 ~Vednesday, 3fa.v 29, 2002 Page 2 of 2 SEP l 0 2002 MEMORANDUM DATE: July 22, 2002 TO: Elections Office ~,~ FROM: Sue Filson, Executive Manageg.~]/, ~ · Board of County Commissionersd / Voter Registration - Advisory Board Appointments (Collier County Code Enforcement Board) The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMISSION DISTRICT Sheri Barnett 1160 27th St. S.W. (~ Naples, FL 34117 G. Christopher Ramsey 363 Torrey Pines Point Naples, FL 34113 Barton C. Mercer 273 10t~ Avenue S. Naples, FL 34102 Gerald J. Lefebvre 4401 Beechwood Lake Dr. Naples, FL 34112 Thank you for your help. MEMORANDUM DATE: TO: FROM: July 22, 2002 Michelle Edwards Arnold, Code Enforcement Director Sue Filson, Executive Manager Board of County Commissioners Collier County Code Enforcement Board As you know, we currently have one (1) vacancy on the above-referenced advisory committee. 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: A Shed Barnett 1160 27th St. S.W. Naples, FL 34117 G. Christopher Ramsey 363 Torrey Pines Point Naples, FL 34113 Barton C. Mercer 273 l0th Avenue S. Naples, FL 34102 Gerald J. Lefebvre 4401 Beechwood Lake Dr. Naples, FL 34112 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 0 2002 FROM .' LERNER F I NANC I AL New Page 1 INC FAX NO. : 941 591-2179 Jul. 16 20~2 01:48PM Pl Page 1 ofl AppUcafiOn for Advqsory Committees/Boards · East Tamiami Trml ' Napi.s,FL .341!= ~~. . ..... .. ,, , ~ ~v~l ~ ~u ~ __- - · S . . f . j~ ti..._c ? h~/~.cotH~gov, ne~c/~o~OappHcafion.h~ SEP ~ 0 2002 FROM : WERNER FINANCIAL iNC FAX NO. : 941 591-2179 Jul. 16 2002 01:48PM P2 Sheri Barnett Married 211 years with one daughter, age ~ OBJECTIVE: Consid~ration for Code Enrichment Board QUALIFICATIONS Having lived in Naples since 1956, I have obr, erved many changes. There has Ixam a great d,al of growth, which is good but it needs to be planned and maintained My involvem~at with s~v~r'al committees has givt~l mc lJlc izlsight how the commtlnity and the county can work together to achieve goals that are acceptable to all. Our eorumtmity is diverse, and in our planning for the future we must try to o}~ain a balance so that all interest ar~ addressed. The time that I have lived in Naples, and the activities and work that I have been involved with should be of'benefit to the board. EDUCATION 1962-1974 1974-1976 1976-1978 1991 1991 1994 199g l-~gh School, Napl~ Sr. I-Iigh Worked on dual major ofBiolog7 and.4.nimal Science, MT. Berry College Rome, GA. Studied Biolo~ and ChemiC'5t Florida Atlantic Uniwa'sity Boca Ro[an, FL. (lac. king physics and zoology to complete double major) Flor/da Insunmce licamqe for Life, Health, and Variable Produc~ National Association of Security Dealers seri~ 6, and 63 (mutual funds and stat~ laws) Nagonal Association ofSemtrii'y Deal~ series 7 (all security sales) Nation~.l Association of Security Dealers series 24 (Gm.al Se~ritie~ Principal) ESiPLOYMENT 14 yeam 2nd AssisIant Manager, Publix Sulxna~k~ I w~ one of the first two women in Collier County to I~ promoted from a cashi~-ing position, through the stocking area into management Prior to Darlene and my~Ifthere had bee~ no women in grocery management in this =e~ Our respons~ilities included,, whau on duty maintaining thc entire store. We w~o responsible for thc management of'all of thc empl .oyees, handling of the eu~omea's and balauehag the books and inventory. 1991- prescmt Insurance and Securities Industry When I was forced to leave Publix due to an auto injury, I entered this I~eld. I have wot 'ktxt for four firms. These include, Wemer Finandsl, Gulf Shore Insarance., Litchfield and Nelson and Diversified Investment Group. I have im~oved my position in each of these firms by adding to my licamses and ability. My current employment is ~tith Werner Financial and I have been here since 1996. SEP 10 2002 FROM : WERNER FINANCIAL INC FAX NO. : 941 591-2179 Jul. 16 2002 01:49PM P3 Committees: 1994 - Present 1996 - Preseot Since inception I998-2001 199S-present 1997-2001 I996 - present 200l 1997- 2001 Golden Gate Area Civic Association, past president -1996, secretary, and board member A) Community Development Committee- involved with development within Golden B) Sc. holarghip Committe~- award scholarship to area students C) Hurricane Seminar Committee - helped plan and present the past 4 Hurricane Seminal-~ D) Code Enforcement Voltmteec- worked closely with the county staff and Glena Wilt to establish a volunteer group :o address our community conc.~'ns and to aid in the eleauup of our cc~,~unity Golden Oate Estates Civic Associatiorz I audited the financial records for the association in 1996, and have written an artie. Ie for their newsletter. Although ! am not apparently active in this assodation I assisled in bringing to the County Manager's attention (Neal Dorrall) that the sidewalk to the library, along the Blvd was not ~npleted and had been halted for over one year. I insisted on action being taken on While Blvd prior to new consmaction on the Blvd. This was done by ques~oning County Manager Fernandez at every open Forum in which we met. Landfall Community Council The council questions mmaagement of the lmaddill, we have data on operations and have reviewed the contract that is in place. We are available to the public to help answer any questions regarding the current landfill. Barbara Berry's Golden Gate Advisory Board - to help Commi?~sioner Berry. gather information relating to this area of her district. FL. Representative Goodlett's Advisory Cnmmittee. to bring information to Retaresentative Goodlett regarding OUr community and its c~ncern.~. SheriffDon Hunter's Golden Gate Advisory Cornmit~ee - to bring information to the Sheriffon ~vhat oonca'ns and needs the community has. ( I am no longer on this committee due to conflict of my husband's employment) G-olden Gate Rotary Club I have held an office or been on the board since my first year. I chair thc scholarship comr~ittee and have chaired several find raisers. Member of the first CERT team M Golden Crate- this is a trained team ofvoltmteers that will aid their community through association with the Golden Gate Fire Dept sholild a natural disaster occur such as a hm'ricane li~e Andrew. We have taken a seven-week course on basic first aid, identification of potential hazards, and simple rescue and fire suppression. 4-H Fouachtlen SEP; o 2J02 [ June 27, 2002 Ms. Sue Filson Executive Manager BCC 3301 Tamiami Trail East Naples, Florida 34112 Re: Code Enforcement Board Permanent Member Position G. Christopher Ramsey, JO Financial Advisor American Express Financial Advisors Inc. lOS Life Insurande Company Suite 7 809 Walkerbilt Rcad Naples, FL 34110 Bus: 941.592.0840 Ext. 231 Fax: 941.592.9990 george.c.ramsey@aexp.com Dear Ms. Filson: It has come to my attention that a permanent member position is opening on the Code Enforcement Board. I currently serve as an alternate member and would like to be considered for a permanent position should it become available. Accordingly, please consider this letter my application for consideration. I have attached an updated resume for your review. If anything additional is required please contact me at your convenience. My home address remains the same at 363 Torrey Pines Point, Naples 34113. 417-0228 cell 285-5299. Thank you. Very truly yours, G. Christopher Rarnsey, JD Encl ,%? 1 o 2002 /¢ American Express Financial Advisors Inc. Member NASO. An AEFA associated financial advisor franchise. Insurance and annuities are issued by IDS life Insurance Company, an American Express company. American Express Company is separate from American Expres: Financial Advisors Inc. and is not a broker-dealer. 1988.Pres~lt Financial Advisor American Express Financial Advisors Haples, Fiorida · Joined American Express Finandal Advisors in 1995 as finandal advisor/planner. · Finandal planning practice located in Naples concentrating on the needs of clients who are planning for and in retirement and those who are self employed. Focus on comprehensive long term planning and portfolio management Attorney Law Offices of G. Christopher Ramsey, Esq. Stone Harbor, NJ · Solo practice concentrating on business, estate, real estate and munidpal issues. · Represented clients in Municipal, Supedor Courts and vadous planning and zoning boards. Associate Attorney Law Offices Of Raymond A. Batten, Esq. Avalon, New Jersey · Two attomey firm concentrating on land use, real estate, business, general civil and munidpal issues. · Managed caseload from intake to disposition in all New Jersey courts. · Acted as munidpal prosecutor in three munidpal~es and solicitor in two munidpalities. Associate Attonl~y Mark-% Kent & O'Neill, Philadelphia, Pennsylvania · Defense litig~on firm representing large retailers and other entities. · Responsible for managing cases from intake, through discoven/, deposition, arbitration, tdal and appeal. · 1981-1985 Villanova University Villanova, PA · 1895 - 1988 Delaware Law School Wilmington, De Certified in Long Term Care (CLTC) Hold Sedes 7 and Sedes 63 SecudlJes Admitted to practice before the courts of New Jersey and Pennsylvania and Federal Courts in 1988 Member of Amedcan Bar Association Personal Married to wife Michele. My interests include fly fishing, golf and vadous community volunteer activities. Co-Host "The Amedcan Express Financial Advisor' Weekly Radio show on WGUF 98.9 FM Naples, Flodda, 3/02-6/02 Co-Host "Money Talk" Daily Radio show on 1660 AM WCNZ in Naples, Flodda Board of Count ' Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Barton C. Mercer Home Phone: (239) 404-8085 Home Address: 273 10'~ Avenue South. Naples~ FL , Zip Code: 34102 Fax No. (239) 659-0129 Business Phone:_ (239) 65%4000 e-mail address:_barton(~circleRproperties.com Business: Residential Real Estate Developer Board or Committee Applied for: Collier County Code Enforcement Board Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes No Do you currently hold public office? Yes If so, what is that off~ee? No X Do you now serve, or have you ever served, on a Collier County board or committee? Yes X No __ If yes, please list the committees/boards: I was recent~ appointed to the Community Services Advisory Board. for the COuv of Naples. Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: PLEASE SEE ATTACHED RESUME. Education: PLEASE SEE ATTACHED RESUME. Experience: PLEASE SEE ATTACHED RESUME. pltase attoc& any addltlonal informatlon yo~t feel pertinena Tlds appllcati°n should be f°rwarded ta sue F'ds°~ E'rtcutlve Manager t° ~ Board of Cmsnty Commissioners, 3301 Eaxt Tamlaml Tr~i~ Napi~, FL 34112. If you wish, please fax yom' at~ to (941) 774--3~02 or e-mail to suefilron(~co/[iergov, net. Thank you for vohu~teeri~g to serve the ~?ns of Collar County. Barton Clay Mercer Chief Operations Officer for Circle R Properties, Inc. Naples, Florida (239) 404-8085 Geographical History · Bom in Norfolk, Virginia December 8, 1973. · Raised in the Shenandoah Valley of Virginia. · Relocated to Pan'is Island in April of 1992. · Relocated to Winter Park, Florida in August of 1994. · Relocated to Naples, Florida in June of 1998. Educational Background Associate of Arts, Blue Ridge Community College in Wyers Cave, Virginia. Bachelor's Degree of Political Science received from Rollins College in Winter Park, Florida Military Service United States Marine Corps--Honorable Discharge. o Position Held: Assistant to Regimental Command of Parris Island, SC. o Duties Performed: Boot Camp Curriculum Development, Office Management, and Clerical. Community and Government Experience State Attorney's Office, Orlando, Florida--1995. o Position Held: Law Intern and Assistant to Time Berry, head of the Traffic Prosecution Division. o Duties Performed: Legal research, Forensic Research, Deposition Analysis, Pre-Trial Conferences, Case File Organization. Corporation Counsel, Washington, DC--1996. o Position Held: Law Intern with Juvenile Prosecution Division. o Duties Performed: Legal Research, Case Work-up, and Evidence Analysis. Community Services Advisory Board--City of Naples, Florida. o Recently Appointed. Pg._//¢' _ Professional History · Equities Account Executive, Hall & Associates, Inc. Mar '98 - Oct '00. o Business: Equities and Options on Equities Trading. · Investment Analyst, JBM Realty Advisors, Inc. Oct '00 -Jan '02. o Business: Analysis and Sales of Multifamily Real Estate. · Chief Operations Officer, Circle R Properties, Inc. Jan '02 - Present. o Business: Residemial Developer. Personal Recommendation Please see attached Letter of Recommendation. Historical Verification Contacts Tim Berry, Esq., former head of Traffic Prosecution for the State Attorney's Office of Orlando, Florida. o (407) 426-9020 · Eric Hall, former President and CEO of Hall and Associates, Inc. o (239) 641-3650 · Ronald P. Victor, President and CEO of Circle R Properties, Inc. o (239) 430-7571 06/24/02 In Regard to: Recommendation of Mr. Barton C. Mercer. To Whom It May Concern: My name is Randall Snow. I have been a member of for many years, and now hold the office of Treasurer, of the Elkton, Virginia chapter of the Ruritan Club. I am also a Town Councilman of the same. Mr. Mercer telephoned me May 234, 2002, to inquire ifI would agree to write a letter concerning my personal support of his pursuit in becoming a real asset to his community. Having known Mr. Mercer and his family for many years, I was more than happy to oblige. The presence felt by our community fi'om his family's involvement in their church and community is generations old. Mr. Mercer communicated to me of his desires and intent for involvement in the community to which he now calls home--Naples, Florida. I cannot think of anyone from a better background of strong moral character and sense of civic duty than for whom I am writing this letter. I firmly believe Mr. Mercer will be a vital asset in your organization, as well as Naples as a whole. Therefore, it is with great pleasure and pn.'de that I recommend Mr. Mercer. Sincerely, Randall Snow Ruritan Club Treasurer Town Council Member, Elkton, Virginia 2002 New Page 1 Page 1 of 1 Plea.~ IBt ~ur coramuniO7 activities (civic ctubs, neigl~ orhood assoeiation~ e~c. amd pOSitions held: "/"' '- /; :...~._ ," ~; ,-" ~.~i-" ;:.'t..f:-: ,-'-: ....,.: .~.--:~ ~ ~ , _~,..._;%.z..C-~:-_~: -,,; ./~, ...~ ~..:- .~ .... . . /.-,/.~-~..~- .-...:. .... ~ ...:~..~.-,-.--.~..... ,...:.',:~_ ___-. ," . ,'¥,~" .~.:.:z ,-¥,,,,,,,,,,,,,~ ,-,.m,~ ..:....--:" .-.'./~..---.:._ ..... ~',. ._..:.....r,.,..':_..~', ..-':.:_ _: ~.',: :...<~ ..-'~.:4.-~.-~¥ ~--.f' http:/lwww, colliergov.net/bcc/advisory%20application-htm 7/19/02 Gerald J. Lefebvre 4401 Beechwood Lake Drive Naples, FL 34112 (239) 775-8604 Objective: To obtain a position on the Code Enforcement Board. Experience: June 2001 Present Dec. 1999- April 2001 June 1999- April 2001 Oct. 1996- June 1999 Education: Interests: Prudential Florida WCI Realty, Naples, FL Realtor · Negotiated real estate listing and sales contracts to benefit my clients. · Researched land records to determine set backs, liens, and current zoning laws pertaining real properties. · Obtained Florida real estates license in June 2001. Town ofWallingford, Wallingford, CT Zoning Board of Appeals Commissioner · Visited applicants homes or businesses to determine ifa variance should be granted. · Heard testimony from the applicants, attorneys, architects, and neighbors regarding the variance. · Granted or denied a variance based on information gathered. Center Capital Corporation, Farmin=o'ton, CT Sales Coordinator · Followed through on customer's loan applications from initiation to successful closing. · Communicated to outside sales representative, customers, suppliers, and other company employees to efficiently close the loans. ERS International, Norwalk, CT Electronics Technician · Visited supermarkets throughout Connecticut and Massachusetts to repair high tech electronic pricing equipment. · Worked remotely via a computer to troubleshoot problems with incorrect in-store pricing. University of Connecticut, Storrs, CT Bachelors of Art in Political Science Member of Collier County Republican Committee Code Enforcement Board Alternate Naples Area Board of Realtors Florida Association of Realtors National Association of Realtors Naples Polo Club £EP 2002 Pg. ~ MEMORANDUM REC~ 'rED COUNTY MA, NAGER OFFIO_~ DATE: August 19, 2002 TO: James V. Mudd, County Manager FROM: Tom Henning, Vice Chairman Commissioner, District 3 SUBJECT: Request for the September 10, 2002 Agenda In reference to the memorandum dated August 8th. 2002 from Commissioner Jim Coletta regarding Immokalee Impact Fees. I am requesting an item for the BCC Agenda of September 10th, 2002. under Item 9. Board of County Commissioners. I am requesting that the Board of County Commissioners direct Staff to compile the following pertinent information on the Immokalee Impact Fees: the total dollar number collected in the last 10 years and the total dollar number expended in Immokalee in the last 10 years. Furthermore, please include the projected collectible Impact Fees for the next 10 years versus the needs in Immokalee for the next 10 vears. Please have this material available at the September 17th, 2002 Impact Fee Workshop. I believe this information will be of great value in determining whether to include Immokalee in the future Impact Fee schedule, as either a coastal community or rural community. Thank you for your assistance in this matter. Tom Henning. Vice Chairman Commissioner. District 3 TH:mst SEP 1 0 2t)02 05 19 ~OG2 [1:33 I:AX 9417743602 MEMORANDUM DATE: Augus~ 8, 2002 TO: A 11 Board of County. C ommiss ioners FROM: Jim Coletta, Commissioner, District 5 Board of County Commissioners Chairman RE: Immokalee Impact Fees Immokalee, because of its rural designation, cannot be compared to coastal Collier County. The impact rule of "one fits all" doesn't really apply. Because of its remoteness (40 miles to urban Collier County), the impact fees are not related to benefits received. While 1 am not in agreement with Kay Holland's solution (see article attached) of a five-year moratorium on impact fees, I do agree that we must consider the ramifications of our impact fees, when applied universally without consideration to economic factors. I fully expect that we will have a contingent of Immokalee residents and business owners at our plannod September Impact Fee Workshop. In the meantime, you will be receiving personal invitations from the lmmokalee Impact Fee Taskforce tbr a site tour to give you the necessary, background to enable you to make an informed decision. Sincerely, /?/'~n Coletta, Chairman Commissioner, District 5 JC: nkr Attachment: "Impact Fee, yes or no" newspaper article dated July 11, 2002 cc: James V. Mudd, County Manager Norm Feder, Transportation Services Administrator Phil Tindall, Financial Admin. & Housing, lmpaet Fee Coordinator Denny Baker, CDES Business Manager Media File 1,2 & 3 SEP ! 0 20O2 05, 19/'2002 11:34 FAX 9417743602 WEEKLY - Impact Fees, yes or n'o By JerrlLynn MerrlR ~"~ tmmok~lee," he smd. Bill McDamet. a reakor Will hhere be a five-year moratorium cm inapact fees knmokalee. Thafs what a ciai meeting held at Florida Community Bank ~ called for. Com~ner Jtnl Collet- ta came to the meemag called for by .X~. Rayxzlond Holland, President of the Immokal.ee Chaxnber of Commerce. The chamber, which wants to see ]~h~ in ImrnOk_Mee, ~ the . im~'t fees as a grm~th deterrent for the ]mmok~ c~mmumt7 as a whole. Mr. I-I~lland shared hm idea, 'My year moratorium' on impact fees and wtdentng.ro~a~ m here, We have got m find a waY to get the county commmsmn- ers to understand-the n .e~d~ of Decision Continued From Page 1~ long standing issue of La~c Traflord Road and the fast that it neecla, to be widened. He made reference to an Incident which closed the road t~ trnt~e rrmk~n5 everyone on.ti late to .work. school, etc. 'If Mx. Hol. land did-not know Mr. Prise and get pernalsslon to drlve through h~ paetm-e he would have been late to the bank Comm~ioner Colletta agreecL arming that he had been involved wl~h the CotnmJ~loner Colletta smd to the almost 60 people pres- ont. 'We are looking at ways to keep your residents here becatme'LeHigh is doings heck of a job in midn5 them and put- t/ng them Into afforctnble hous- ing? It was noted by Mr. land that the areas surrotl~dilig lmmokalee hays impact fe~ wl~teh are a th/rd of ~or noneat ail, the 1ACE Center For GWls, mid m expand their fac~ty by building a new cenm' but that, here, said one of the issues he is seeking is a Land Develop- ment Code in rurni CoQier County. What the commi~ion- ers need to realize ~ there are different rules out here. no~ng, ;t's a ~ole different Com:n:ssioner Cctietta replied. ~ m one of the rea- sons I would Like to see ..he Chamber Vice President Yzagutrre brought tip the issue afthe codes and a prdalem he encOuntered when he sent in hi~ proposed deal. s on kia buikt~..~ 'We ~n't even arcmmcu~,,y ~We have found out that the money ~ get ~t be uaed_ design our ~ bufld:ioga -- far impact f~'es, abe said. 'g us - I was told my color w~ W.o we are paytng ail of th.~e brighU" He also brought up me impact .fee~, where is me ~ Decision -- Page moz~ey ~ ]Illlllokalee commuilRy Slllce 1984. He sstd, 'I think I know what needs to be done. the pro.st wlth letters prolz~mg these unreachable fee& We are tzymg to pro~lde affordable hs,,-mg th~e impact fees are ned ~mas stye ~ a~d told the averaSe ~ rates for the. county showing that Naples ts far lower that either .~mmokalee at 15.6, or E~er- 13. He said, 'We are au agrlcul- ~ community. In order to bring m industry w have m be ~ stated, 'We ~re the b~ here in i'mmokalee beait~ise thee le nO ~ ~ray, oar far Co[[ter C.,mmty, ranging from 8130,000 to 8140,000. Oar m-ong Olmmm is mm ~ tmpact fees which are paid here in immo~lee should stay her~ In Tmmokalee.~ Impact grad-ated ~ not across the ent for a 8130,000 home tn lrnmok~[ee aIld a .$2 m/llfon home in Naples, Many buatness owners spoke of w-~nemg to expand, but tl~t the cost of expanding ~nd meeting the exmbltant very cost prohiblUve: Several ties. In a letter to Mr. Holland · 46.800 squa~ foot omce space ~41237,363 TOTAL Impact Fees 81,484,100 In their letter they stated me-~e flgaz~ w~e based on the Co.er County lmF~aet fee cai.- c-latton fxom theft .web site. They said, 'How can we get a payback for new dewAopment when preva/ang rents for mt~ tTpe'of space are tn the 87'.to $9 per square foot range? Having a moratorium On impact fe~s of $1.5 r~mon doUars certain- [y casts the project in a new · Many ' of those present f~orceed ~p to be on the task m drawup apish to prea- e]lt to coMa~ comm£~a-~i~r~rs. Annie 01eaki reminded them that no one likes to hear the fvr J~l~!mt~m: .said, 'We have for Arrowhead, another n~ s~~t~~m~ ~~~~ m .N~ 3900 ~e f~t ~e ~ f~ for ~ ~ ~, ~d~ d~~tmp~~'t ~~~~~ c~nee ~ ~ ~~ ~-v b~d a ~ home ~t ~ ~~ 815 ~~J~b~~ ~ on ~ ~e ~u~. pa~ ~ ~ f~ ~ ~~~~ · sk in a way that it wlll get done_' EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE HEALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. OBJECTIVE: To appoint 1 member representing a Provider and 1 member represeming a Consumer to serve a two-year terms, expiring on September 30, 2004, on the Health Planning Council of Southwest Florida, Inc. CONSIDERATIONS: The Health Planning Council of Southwest Florida, Inc. is a private not-for- profit corporation created under Chapter 408.033, Florida Statutes. This agency deals primarily with health policy and the regulation of health care services throughout seven counties of Southwest Florida. A consumer member is an individual who is not a health care provider or a health care purchaser. A Provider member is someone who delivers health services or who is a member of an organization that delivers health services. The Board of Directors meets four times per year, usually on the third Thursday of the month~ for about two hours. Some Board members assume committee responsibilities as their schedules allow. A letter was received from Ron Burris, Executive Director of the Health Planning Council of Southwest Florida, Inc. advising that the term for Michael D. Jernigan will expire on September 30, 2002 and requesting that a the following candidate be appointed for a 2 year term, expiring on September 30, 2004. Per Chapter 10-5.002, Florida Administrative Code, a press release was issued and applications were received fi'om the following interested citizens: APPLICANT CATEGORY Thomas Schneider Larry Ray representing Naples Community Hospital Consumer Provider The membership committee is recommending the appointment of Larry Ray and Thomas Schneider to serve 2-year terms, expiring on September 30, 2004. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 2 members to serve 2 year terms on the Health Planning Council of Southwest Florida, Inc., and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Date: September 10, 2002 THE HFALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. 9250 College Parkway, Suite 3 ° Fort Myers, Florida 33919 (941) 433-6700 ° SUNCOM 731-6700 ° Fax (941) 433-6703 August 6, 2002 Mr. Jim Coletta Chair, Collier County Board of County Commissioners (District 5) 3301 E. Tamiami Trail Naples. Florida 34112 Dear Commissioner Coletta: The Health Planning Council currently has a vacancy on our Board of Directors. Since all appointments are statutorily governed by the Board of Counw Commissioners (408.033, F.S.), we are making you aware of this vacancy and request that vou appoint a new Lee County member to our Board. The Council is recommending Mr. Larry Ray, Vice President of Facilities Management from Naples Community Hospital to fill one of the two vacancies on its Board of Directors. Enclosed is the completed Board of Directors Application form and resume from Mr. Ray. If you concur with this recommendation, we would like to have this candidate approved by Collier County for our October 3, 2002 Board meeting. If you need further assistance with this request, please contact me at ronburris(~hpcswf, com, or Irene C. Giniat, Principal Planner, at irene~iniat~hpcswf, com. You may also reach us via telephone at SunCom 731-6700. Sincerely, Ron BurNs Executive Director Eric. Programs of U;e HeatZt~ Planning Council are Oartlally funoL~a Dy ~e FloclOa Department of Health. Una~d Way o[ l~ l! . RECEIVED Health Planning Counc' of Southwest Florida 9250 College Parkway - Suite 3 - FortMyers, Flodda 33919 (941) 433-6700 - i~.*U,X~ (941) 433-6703 e-maih hpcswf~juno.com £erving Charlotte, Collier, D~oto, Glades, Hendr, Lee and Sarasota Counties Board of Directors Application Business Address: Business Telephone Number: 2 Residence Address: Residence Telephone Number: Prefe~ed M~g Address ~le~e circle one) ~ Residence Coun. of Residence: M~e ~ Black Female Caucasi~ Latin ~ian Employer: ~~ Nature of Busines~rofession: " - J T~ - x t , ,p- ~, . - -' ~,' / - I (candidate's name) L~~, ~Co~' , a citizen of the United States, a duly qualified elector of . would, if appointed, be willing and able to discharge the responsibilities and fu_nctions o.f a (indicate Provider, Purchaser or Consumer - as defined on the reverse side)member of the Boarfl~f Dire~/~itrs of the Health Planning. Council of Southwest Florida, Inc. Date S,gnatureLX'a ] '"' ~ ! ' 3';''-:~-} Please attach a current resume and return to the Health Planmng Council of Southwest Flo., .- ........ ' Page 1 of' 1 --~ filson_s From: mcpherson_trisha Sent: Wednesday, August 28, 2002 1:12 PM To: filson_s Subject: IRMA: Burfis, Ron called. Returned Your Call To,. SueFilson@ eolliergov.net Date: 08/28/2002 Time: ol:nPM You received a Telephone Call From: Burr'is, Ron Of: Unknown Phone: 281-9589 Returned Your Call Message: Tom Schneider has agreed to be on the Board of Directors for the Health Planning Council. Thanks, IRMA 8/28/2002 Health Planning Council of Southwest Florida 9250 College Parkway - Suite 3 Fort Myers, Ftodda 33919 (941) 433-6700 F_~X (941) 433-6703 e-mail: hpcsw_f~juno.com ~Cerving Charlotte, Collier, DeoC oto, Glades, Hend~j, Le~ and ~arasota Counties Definitions for appointment (source: Chapter 10-5.002, Florid Administrative Codes) Health Care Provider: an individual who delivers healtt~ services or who is a member of an organization that delivers health services. Health care providers include, but are not limited to, physicians, medical doctors, osteopaths, dentists, podiatrists, nurses, chiropractors, physician assistants, dental assistants, mental health professionals, administrators and employees of health care institUtio'ns. Health Care Purchaser: an individual who is responsible for or an authorized member of an organization or agency which is responsible for the purchasing of health care services for a group of 25 or more individuals, whether directly or through acquisition of health insurance coverage. Health care purchasers include, but are not limited to, representatives of individual businesses, employer coalitions, governmental units, labor organizations, consumer groups and health insurers. Consumers: an individual who is not a Health Care Provider or a Health Care Purchaser. LARR Y H. RAY 547 Bay Villas Lane Naples, Fl 34108 RECEIVED WORK EXPERIENCE 23 years management experience as United States Army Officer. Various jobs at all levels of management and staff. Army aviator for 20 years. Served 2 tours in Viet Nam and spent 11 years in Germany. After retirement from military, worked 4 years as Systems Analyst and Project Manager for a software development company in Europe. Developed software that is still in use by the Army in Europe to track personnel and equipment when deploying to areas such as the Middle East and the Balkans. Returned to the United States and joined staff at Naples Community Hospital as a Systems Analyst. Planned and implemented several key information systems including human resources, payroll, materials management, and the time keeping system. Presently serve as the Vice President for Support Services, Construction and Planning at NCH Healthcare System. Responsible for management of 300 plus staff, capital projects in excess of $10 million per year, and an operating budget of $20 million per year. Key accomplishments include completion of the Shick Open Heart Center, expansion of Obstetric Services to the North Collier Hospital, and the completion of the Marco Island Healthcare Center Building. EDUCATION BSBA in Accounting, University of Missouri, 1965 MBA, Washington UniverSity in St. Louis, 1973 AWARDS AND RECOGNITION All State Track Team, State of Alabama, 1959 -1961 AAU Ail American Track Squad, 1964 Military Recognition: Legion of Merit Distinguished Flying Cross with Oak Leaf Cluster Bronze Star with Oak Leaf Cluster '--'------_----Ti -_-----.. PERSONAL · My wife, Para, works at Lorenzo Walker Vo Tech. My Daugh Williams, is a 2d Grade Teacher at Naples Park Elementary Bio: Larry H. Ray RECEIVED Larry Ray grew up in Troy, Alabama. He received a BSBA from the University of Missouri and an MBA from Washington University, St. Louis. Larry was commissioned in the US Army in 1965. He graduated from fixed wing and rotary wing training in 1967. Larry's mih'tary assiE;nments included two tours in Vietnam, one year in Korea and 11 years in Europe. He retired fi-om US Army in 1987 after 22 years of service. Larry and his wife Pam moved to Naples from Heidelberg, Germany in 1991. Larry is presently Vice President, Support Services, Planning, and Construction for the NCH Healthcare System. Larry is a past president of Naples North Rotary Club and a board member for Junior Achievement of South West Florida. AUG-8-E002 11:E3 FROM: TO:81E397748097 P:~/~ October 8, 2001 THE HEALTH PLANNING COUNCIL OF SOUTHWEST FLOR[DA, INC. Board of Directors Terms of Appointment NAME COUNTY POSITION ORIGINAL CU~T TERM -- ...... TYPE APPOINTMENT ~IRES BilIs: Marl< sarasota Provider February 2001 November 2002 Brown, Joan Sarasom Consumer "November 1998 November 200-2- Casey, Susan Collier Consumer September 2000 September 200~- Cole, Karin, Sarasota Provider November 1998 November 2002 Dooley, Shirley Hendry Consumer October 2000 October 2002 Erickson, Paul DeSoto Purchaser October 20~1 September 2003 _Halva~is, Dan Lee Provider . May 2002 Sc-ptember 2002 Jernigan, Collier Provider September 1984 September 2002 Michael Triulzi, Palthony Charlotte Consumer March 2001 April 2002- Patricia Lee ConSumer '" March 2002 March 2'004 Washington, Ph.D. Vacant Lee Consumer -- Valiant, Martha Glades Provider S'ep_t_ember 1981 i October 2002 A.n of August 1, 2002 0'7. . r, EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE CONTRACTORS' LICENSING BOARD OBJECTIVE: To appoint 1 "Consumer" member representing Collier County and eonfu'm 1 "Consumer" member representing the City of Naples, expiring on June 30, 2005, on the Contractors' Licensing Board. CONSIDERATIQNS: The Contractors Licensing Board had 2 terms expire on June 30, 2003, in the category of"Consumer". This 9-member board determines the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if the holder of a certificate of competency of any contractor, master or journeyman should be disciplined. A minimum 3 members shall be in the category of "Consumer". The consumer representatives may be any resident of the local jurisdiction that is not, and has never been, a member or practitioner of a profession regulated by the board or a member of any closely related profession. Members are required to f'fle a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The term for Sara Beth White expired on June 30, 2002 and we currently have 1 vacancy due to a resignation. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Michael Landis Consumer 4 Yes None Margaret Rodl~ers Consumer 5 Yes None Ann Lundblad Keller City. of Naples -"Consumer" 4 Yes None COMMITTEE RECOMMENDATION: Quasi-Judicial- No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 1 Consumer member, confirm the appointment by the City of Naples, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 10, 2002 Contractors Licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Kenneth Lloyd 5408 Freeport Lane Naples, FL 34119 District: 3 Category: Consumer 430-6900 09/11/01 594-8685 Mr. Eric D. Guite' 403-9365 07/30/02 1520 Nautilus Road 403-9365 Naples, FL 34102 District: 4 Category: Ciity of Naples - Specialty Contractor/P! 06/30/04 06/30/05 Mr. Kenneth H. Dunne 133 Sharwood Drive Naples, FL 34110 District: 2 Category: Engineer 571-5280 11/27/01 594-0269 06/30/04 Mr. Michael D. Baril 8.~- Rose Court Marco Island, FL 34145 District: l Category: General Contractor 642-6755 11/27/01 Mr. Walter Mitchell Crawford, I 1280 Venetian Way Naples, FL 34110 District: 2 Category: General Contractor 596-0291 06/13/00 597-9604 Mr. Richard E. Joslin, Jr. 455-5000 595 13th Street, N.W. Naples, FL 34120 District: 5 Category: Licensed Commercial Pool/Spa Contr 06/11/96 06/13/00 06/30/04 06/30/03 06/30/97 06/30/03 Thursday, August 01, 2002 Page I of 2 3 Years 3 Years 3 Years 3 Years 3 Years 1 Year 3 Years Contractors Licensing Board Name Ms. Sara Beth White 346 Pirate's Bight Naples, FL 34103 District: 4 Category: Consumer VACANT Work Phone Appt'd Ext~ Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 571-3345 05/25/99 06/30/02 3 Years 649-8828 06/30/03 Naples, FL 34119 District: 3 Category: Consumer Representative Mr. Les Dickson 202 Monterey Drive Naples, FL 34119 District: 3 Category: Roofing Contractor 514-1100 06/11/96 06/30/99 3 Years 05/28/02 06/30/05 3 Years This 9 member board was created by Ord. No. 78-2, 85-42, 90-105, 92-61 to determine the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold headngs to determine if a certificate of competency of any contractor, master or journeyman should be revoked. A minimum of 2 members shall reside within the corporate city limits of Naples or shall be recommended to the BCC by the Naples City Council. FI Stat, Sec 489.131, sub 10 states that 3 members must be consumer representatives. Membership should be licensed architect, licensed general contractor, licensed engineer, licensed electrical contractor, licensed plumbing contractor, licensed roofing contractor, licensed residential or building contractor and a licensed representative from one of the other specialty trades or professions requiting a Certificate of Competency as provided in the Ordinance. These categories are merely directory and failure to have a member of each of the trades is not grounds for voiding any action of the Board. Terms are 3 years. This is a Quasi Judicial Board. Amended bv Ordinance No. 94-34.95-11.97-68. 99-45. 2002-21 FL STAT 489 Staff: Ed Perico, Building Review & Permitting Director:.: 403-2400 Thursday, August 01, 2002 Page 2 of 2 COM_M~ DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION BUILDING REVIEW AND PERMFI32NG 2800 North Horseshoe Drive Naples, FL 34to4 MEMORANDUM DATE: TO: FROM: SUBJECT: August 27, 2002 Sue Filson, Administrative Assistant Board of County. Commissioners Ed Perico, Director Building Review & Permitting Departmem Comractors? Licensing Board I have reviewed the resumes for the Contractors' Licensing Board and listed the specific categories they are qualified for. They are as follows: Michael Landis 3115 La Costa Circle, #105 Naples, FL 34105 Consumer Margaret Rodgers 2761 2ad Street, N.E. Naples, FL 34120 Consumer If I can be of further assistance please do not hesitate to comact me at 403-2442. 08/2212002 1~45 g4i4~70~ NAPLESCITYCLERK P~GE 81 August 22, 2002 OFFICE OF CITY CLERK Transmitted Via FAX to 774-8865 - 3 pages Ms. C. Sue Filson Executive Manager Board of County Commission--s Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112-~,917 Dear Sue: At yesterday's meeting the City Council voted to recommend Ann Keller for the vacancy in the consumer position on the Contractors Licensing Board. Attached. is Mrs.. Keller's application. We will £orward you a copy of the signed council r~solution when it is t-malizod Sine. rely, Tara A. Norman, CMC / CLA / CRM City Clerk attachments FACSIMILE (9~1} 213-303~ TELi~Pi. tO~: (~41) 213-~0~$ SUbJ.,OM 717-1Q15 08/22/2002 13:~5 9~1~3~704 NAPLESCITYCLERK PAGE B2 AppUca*,i~n for Volunteer you a ~ r=nd~m7 ~u new bola p~I~= ~:~?.~ ~.. If ~, whm is ~ o~? 86/22/288'2 13:45 94~434~704 NAPLESCITYCLERK P~GE 03 P. Aim lamdblud 2t0'/21" Court .9~lh Naples, Iq. 34102 Home: (ga, I) 0.~S-9 ~40 Ccll: (94.1) 370/723? F{)UCATION MIODL.EBLrRy CO L.L.I: ~d! B~--t~ckn' o( t~ms ,, IZ~an'$ l.is* and (ZoI{~c .~;hotar · Jumo,' ¥c:tr Abroad mt Middlcbu~/ColieCe m Madrid. ~dd~bu~, Vczm~ OTHI:B: IIqFOMMA'now MEMORANDUM DATE: TO: FROM: August 19, 2002 Elections Office er~~ Sue Filson, Executive Manag Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. ~Jso, please list the commission district in which each applicant resides. CONTRACTORS' LICENSING BOARD COMMISSION DISTRICT Michael Landis 3115 La Costa Circle #105 Naples, FL 34105 Margaret Rodgers 2761 2~d Street, N.E. Naples, FL 34120 Thank you for your help. MEMORANDUM DATE: TO: FROM: August 19, 2002 Ed Perico, Building Review & Permitting Director Sue Filson, Executive Manage~~ * Board of County Commissio~ Contractors' Licensing Board As you know, we currently have 1 vacancy in the category of"Consumer" 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: Michael Landis 3115 La Costa Circle #105 Naples, FL 34105 Margaret Rodgers 2761 2"d Street, N.E. Naples, FL 34120 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 wSll 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 0Bt~6/2002 18:2B 3~1~3447D~ NAPLESCITYCLERK PaGE 09 REOE/t , JUL 3 ~ 2002 ApplJcstion for ¥olu~eer ',1~ other vol3.mte~r postttcn~ De I~ ~o~' Laid ~b~c ~ce?~ If so, w~ a ~ off~? Are you ~ by ~ City ~N~les ~ ~ o~ ~ov~ body? ~ ~0'~ '.'~a~ to ~-- employed ~y ~ you ~ow s~e, or ~%'e you ever s~ed, ~- so, what i~ ~t ~d ~ ~.ee~ , , _ ..: 08/06/2002 10:26 9o, 14344784 N~PLESCITYCLERK PnGE FAX N~. :9~1 35~ 5555 ;ul. 31 ~002 10:26AM P3 I~ ~msCf m~s~d m vMunms~S m./~,ss m th~ ~mnun~ ~f wh~c~ [ I~ve 1~ a fuji ~n~ nnKlsml ~X ovex Iltirun~ ycars. UKI~'~ ~'~ f~G"~ld, [ ~ in cb~zf~ of tbs dsily IMbruing of th,' thinks func~ad and M~c] cltm~g e3n~any. ~1~ ~ ,, Wm~an[m~t. Cmsmsmi~ in~tws~em. Voluna~i~ d r. htlds~n'~ s~h~mlr t Ac~untln~ ~'l · ~mdin~ &ud mndtf~ng ~w mf~m~re 08/06/2002 18:26 9414344704 N~PLESCITYCLERk PAGE 82 Board of County Commissioners 330'1 East TnmJnmi T~nJl · (941) 774-8097 ~'='"' i Category (if appEcabi¢): Ate 7~ a r~ vo~t ~ Co~ Co~t? ~ ~ ~o~ ~ you c~r~t~ ~ pubic ~? Yes_ No ~ you now ~, ~ ~ve you ev~ s~, on a Coffier C~ ~d or c~t~? Y~ Plebe l~t your commu~ty activities (civic clubs, neighborhood assoclatlo~5, etc. / /' · 08/06/2002 10~26 JOHN EDWARD PORTER COMMITTEE ~ APPRO~IA~ONS ~IGN Op~A~ONS ~O EDu~N ~LITAflY CON~TRU~O~ COO~RA~ON IN EUROPE CONGRESSIONAL Hu~N RIG~ CAUCUS 94143447D4 NAPLESCITVCLERK July 27, 20O0 PAGE 86 RAY,URN HOUSE ~ ~ING WASH~N, ~ ~1~131G 301 W. W~MINGT~ WAUKE~N. 115 AR LI~TON To Whom ~t May Concern: l ~n writing m give my recornmendaxion to Michael Landis. Michael interned in my Washinston, D.C. office d~n~ the Summer of 2000. Michael ,~'as a pleasure with whom to work. He is a mat'arc and able person with a good sense of priorities. Hc was frequently called upon to assist professional staff in communicating with outsicl~ groups. Michael researched and ckafted several good responses to high-priority inquiries from both government agencies and constituents, as well as letters to foreign dignitaries and ambassado[s. His research topics included human rights, international trade, and commerce. Michael was often asked to represent my staff and myself at various hcali.llgs, meetings, and other events, such as the Senate Judiciary Committee hearing on campaign finances and the House Summit meeting on Korea. lie pursued these tasks in a professional manner and with enthusiasm. We were also pleased to have Michael represent the office when constituents visited. He was always eager to give tours of thc Capital Building to constituents and fellow interns. His obvious love o£history and politics made him ideal for constituent relations. h is my pleasure to [¢cornnlend Michael to you. ~ehas the dedication, experience, and personali~ that would make him a valuabl~additt~k, Please do not hesitate to contact my Admini~,u"ative Assist~t, Katharine Fisher,thould y~equixe further reformation regarding ]O!~ Edwazd ?otter Mlb~r of ConlFcss TI"RS 5'1ATIONE RY 88/86/2882 1D:26 9414344784 NAPLESCITYCLE~K PAGE 87 JOHN EDWARD PO~TER ;ONIMITTEE ON ,APPROla~a~A~ON5 F~fGN O~RATlo ~ S ANO EDu~ CQOP~ATION ~N EU ROPE RIGHTS ~UCUS Mr. and M~. Bernard Summon 1370 Sunview Lane Wirmetka, Illinois 60093 Dear Mx. ~d Mrs. Susman: Tlaax~ you for contacting me regarding the drag trafficking and money laundering problems in Me,,rico. I agree that Lkis is a serious problem that must be addxesscd. The April 16'~ episocLc of 60 Minutes concerning the allegations against the Mexican Secretary of Defense, Gen. Em'ique Cervantes, raised some valid questions and issues. Clearly, Mexico ha~ serious problems with corrupnon and drug traffickS.ng which the United States should not condone, floweret, Mexico has atso been instrumental in helping the United States fight ~e drug war in South America. On March l':, 2000, President Clinton certified that Mexico was fully cooperating with the United States in drug control efforts. The statement of expla,~ation mentiorteCt bilaterally negotiated performance measures of effectiveness (PMEs) to judge thc binational anti-drag strategy, enhanced maritrae cooperation, and tmprovcmeuts in.interdiction and eradication efforts. However, it also stated that Mexico's ackievcments were undermined by chxon[c insdtut/onal weaJraaesses, particularly drug-related corruption and violence. Begirmmg in 1986, Congress has required the President to certify axmuaUy, subject to congressional review, t. bat drug producing or drug transit countries have cooperated fully with the United States ko drug control efforts to avoid a series of aid and trade sanctioms. Mexico has been fully certified each year, despite some criticism, but Congress has closely' monitored these certification decisions. ~ 1987 and i9g$, Congress took some initial steps on resolutions to disapprove the certification of Mexico, and in 1989 and 1996, it passed some drug-related restrictions on Mexico. Tn 1997, congressional efforts to overturn tl~ Presidenfs certification of Mexico advanced the furthest point ever when bo~ the House and the Senate passecl resolutions of disapproval, in response President Clinton provided ads:Litional reports on Mexican and U.S, efforts ~ spcci.fie.~t ar~as m complianc~ with the Senate-pa~sed version. La 1998, r~soiutions of disapproval were introduced in the House and Senate, but S. I. Res. 42 was defeated by · vote of¢5 to 54 in the Senate, and House version was never considcxed. In 1999, resolutions of disapproval ('H. J. Res. 35 anti It. J. Res. 43) were introduced in the House i~ March. Another resolution (H. J. Kcs, 6~), calling upon thc Mu~xican government to undet'ta~e greater and more effective cotmterda'ug measuxes, was introduced La thc House in July of 1999. All three resolutions have been referred to the House international Relations Committee. 0B/~6/2002 1~:26 9414344?04 NAPLESC I TVCLERK PAGE 08 tV~r. and M,rs. Bern~ct Susman Page Two In 'the Senate, a group of Senators sent a letter to President Clinton ~rgiag more specific benchmarks in f~u'e drug cer~fications and introduced legislation to provide that the armual drug cemfication procedu.~s ,,~'ould not apply to countri~ like Mexico t. hat have bilateral narcotics agxeemenm with the United States. Legislation was also introduced to s'c~ngthen the presictem's aulhotdty To freeze the assets ~ the United States of foreign drug traffickers. A vm4adon of the latt~:, known as the Foreign Designation Act, was enacted m November, 1999, as Title VIII of the Intelligence Au~orization Act for f~scal yeax 2000 (H.R. I555/P.L. 106-120). In 2000, Members of Congress have macte critical comments about President Clinton's certification on March 1", 2000, that Mexico was fully cooperating with the Urtked States in drug control efforts. Irt particular, critics cited Mexico's failuxe to prosecute and to extxadite to ).he umted States any major drug ttaf~ckers. On May 9a of th~s year, the Congressional Human Rights Caucus (CH]~.C), of which I am a co-founder and co-chairman, held a brief-rog on Mexico's human right~ violations. This brief'rog focused on the corruption a:~d inefl~ciency of the Mexican judicial system. A copy of an invitation for the b~iefixtg on Mexico is enclosed for yotn' review. Mexico is a ctevetoping demoCracy, s~truggling with persevenn8 thc rule of law white fighting a very, di~'~cutt war on drugs. It is also an important ally of the Unkcd States and our neighbor. It distuxbs me that oux govcramellt agencies did not communicate well and ac~ in umson in thi~ situation.' I do have faith however, that t_ha Justice Department will do its duty a~d act in an appropriate manner. I am also hope~x[ that ',he recent election of Vincente Fo~ as the new Mexican President will lead to concrete reforms and substantial improvement ia the rule of law and human fights. ~ appreciate youx taking the time to with oa tKis important issue. I hope you wLll feet ~ree to contact me on the issues of to you that befor~ t. he Congress. Sincere .1ol'm Edward Porter Member of Congress j~r_.P:j mwlml Enciosu~ 08/86/2082 18:26 341434~7D~ NAPLESCITYCLERK PaGE 83 City d Na~es City Clerk's Once 735 Eie. ht Srr~-t South Nalale~, FL 34102 To Whom It May Concern, wish to be con$iderecl for membership on the Conm~of'a ~i~ ~d. ~ume and refer~c~ ~ ~plt~on f~ ~ p~ition. I am a feint ~duat~ d~tm U~ni~, ~c~ du~ un~e~uate d~ in Hist~ ~nd Political $~, ~ w~! ~ a ~s d~ m Am~fl H~to~. ~blic se~ce b my p~sion, ~d I ~mes~ desire to ~ m~ ciW a~ ~te ~h ~e 1~ p~i~ arena. ~ not, and h~ n~ ~en, a memb~ ~ pn~uonez of a prof~ion t~t~ ~ ~e ~ or a member of an? d~e~ reJat~ ~o~io~ I ~en~ hold ~ree p~i~, ~ of~ co~ ~t~ the inter~ of the Contnaors Lice~i~ ~a~. B~id~ worki~ at Torero? B~a's T~op~l Empo~ ~ a ~ ~ate, [ ~e Napl~ H~h S~1 G~den ~e M~i~ ~nd. I ~ve ~o ~end? ~min~ ~e o~ce of ~e Vice~ident of Co--ate Kela~m ~ ~e ~ ~~ ~r~ ~mpan~, ~e I $e~ as liaison to o~ c~atio~ ~ we~ ~ gove~ent ~ndes, ~ ~ ~d state. ~ ~ 1~ of ~[ ~i~s p~i~ ~e many a~i~ I haw ~md~ in ~ ~e y~s ~ve ~d ~ f~ wor~ in a public ~e~e en~onment. r~po~'ib{e [~ resear~ ~sues of concern to ~e Co~e~n, aRendi~ and ~ not~ at ~fi~ co~io~ hmfi~ and commiHee m~ti~s, and z~ondi~ to constituent ~il. A c~y of ~e of my l~m B enfold ~ my ~aume~ ~ ~ll as R~tat~ P~r's r~~dafion. C~bined ~th m9 ~ in h~to~, m~ ~ie~ in W~on m~ht me to a~ze an ~ue or problem q~y and come up ~ intell~e~t ~ufio~, Mte~e~ a~ int~e~atio~. At B~ton Un~siw, I se~d in s~er~ leadership rol~ sim~ta~eous~, ~i~ in~e~d m? f~l~tie ~d e~ced ~ ~nmtio~ m? el~on to ~ c~ecufive t~ ~ Fint Vic~~t of ~ce of ~e ~em ~ ~pter of ~ ~ppa Psi, a ~fiond h~aw ~e ~mi~. In t~ mt~e ~i~o~, [ ~h~ a~d ~t~ a ~m~ of public se~ce prOle~ and se~ed al C~ir of ~e ~ Commi~, whi~ · e admmb~on ~e Ci~ ~Napl~. I am r~o~le, m~i~ and teapOtS. ~ou ~ ~y conc~, p{~ f~l ~ee to conm~ me. ~ ?ou for ~r co~ion ~ I 88/86/2882 10:26 9414344704 NC~PLESCIT¥CLERK PAGE 04 Michael ToddLandis 94]-262-2661 0~/06/2002 la:2B 941~3A470~ NAPLESCITYCLERK P~GE 05 Michael Todd Landis 3115 L~ Costa Cizde # 105 Naples, Florida 3410E 941.262-2661 whttehouse 141 ~/ahoo.com Prof. Dietrich Orto~ Prof. of His[o[3,, Boston Unwetsity 12518 NE 28th St. Bellevue, WA 98005 dodo~L~u.edu ProLNinaSilber AssocNte Prof. ofHNtory, Dir~torofGra~luate Studio, Boston UniversirV 617-353-8307 ns~.edu Director of Residence Services. t3oston University Office of Ho~ing 617-353-3504 ~Sevigny@bu.edu Melvin M~weil Director of Music, Nal~les High School 941455-2715 MMMel~-com ProL Bri,xn Jorgeraon Prof. of Literature and Humaxtitie~, Boston University 617.353-5404 bwj u.edu ProL Ray Armmmh Pro£ of Histc~/, Director of Honors Program, Univexaity of South l~otida 727-553-1555 ~auCi~s~t.u~f.edu EXECUTIVE SUMMARY CONSIDERATION OF THE CREATION OF A "CITIZENS CORPS" ADVISORY COUNCIL TO THE BOARD OF COUNTY COMMISSIONERS. OBJECTIVE: Board of County Commissioners approval to proceed with the creation of a '~Citizens Corps" advisory council within Collier County. CONSIDERATIONS: As a direct result of the acts of terrorism against the United States on September 11, 2001. President Bush announced in his State of the Union address of January 29. 2002 the Citizens Corps initiative. As an adjunct to the USA Freedom Corps, it is hoped that a Citizens Corps program will be initiated in each community throughout the United States. Citizen Corps will serve as a catalyst to educate and prepare citizens in local communities to respond to natural or man-made disasters including terrorism. The program is expected to support and supplement the activities of local first responders and emergency management agencies. The Citizens Corps council would serve as a coordination vehicle for several programs including the Community Emergency Response Teams (CERT), Neighborhood Watch. Volunteers in Police Service (VIPS), Terrorism. Inlbrmation & Prevention System. and the Medical Reserve Corps. Some of these programs, such as Neighborhood Watch. Community Emergency Response Teams and the Medical Reserve Corps. are already functioning additionally, the Citizen Corps would potentially include representatives of the municipalities, local hospitals. American Red Cross. Salvation Army and other volunteer and civic organizations. As envisioned, the Citizens Corps Council would consist of approximately twenty-five (25) members representing a vast spectrum of the community. Upon approval to proceed, the community will be notified and asked to become council members. It is suggested that the program be managed by Emergency Management. FISCAL IMPACT: A full-time employee would be required for program management and training at an estimated cost of $47.000 to fund 001, General Fund. Emergency Management will apply for grant monies from the State and Federal Governments when they become available. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no Growth 2OO2. RECOMMENDATION: That the Board of County Commissioners consider the creation of a "Citizens Corps" advisory council and direct staff to proceed with the steps necessary to create such a council, including preparing an ordinance for future Board approval. Tom Henning Vice Chairman, Board of County Commissioners pc] .~ EXECUTIVE SUMMARY ANTHONY BOVE REPRESENTING THE KNIGHTS OF COLUMBUS REQUESTING A FEE WAIVER IN THE AMOUNT OF $100 FOR A PARADE PERMIT FOR A COLUMBUS DAY PARADE. OBJECTIVE: To present a fee waiver request to the Board of County Commissioners and to request that the Board uphold staff' s recommendation not to grant the waiver. CONSIDERATIONS: Mr. Anthony Bove, represernting the Knights of Columbus, requested a parade permit from the Transportation Operations Department. The Department would have issued the permit, but for Mr. Bove's request to waive the permit fee orS100. Staff of the Transportation Operations Department does not believe it is within their authority, nor do they believe it is appropriate, to waive any permit fee. The cost to the public for staff reviexv must still be paid by other permit applicants and is an unfair burden on those who must pay for permits of any type. Staff informed Mr. Bove of this decision and Mr. Bove alleges that he has received a waiver for the past four years from staff no longer in the employ of Collier County. Staff provided Mr. Bove with the procedure to request a Public Petition and make this request of the Board. Because of the precedent-setting nature of this request, vis-g-vis the potential for future permit fee waiver requests, the County Manager has requested that the Board hear this request in Regular Session and provide staffwith a policy direction regarding fight-of-way permit fee waivers. Staff continues to believe it is in the public interest to collect the appropriate fees for all permits. FISCAL IMPACT: If the Board upholds staff request, Fund 101 will increase by $100. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board uphold staff's position and deny the request for a waiver of the right-of-way permit fee for the Columbus Day Parade sponsored by the Knights of Columbus; and, that the Board direct that no permit fees be waived unless specifically directed by the Board. Edward J/"~an~P~:?~ansportation Operations Director ,~ / Normar~. Federl AICP, Transportation Administrator / EXECUTIVE SUMMARY STATUS REPORT TO THE BOARD REGARDING ACCESS ISSUES FOR G'S GENERAL STORE AT THE INTERSECTION OF GOLDEN GATE AND WILSON BOULEVARDS OBJECTIVE: To provide the Board of County Commissioners with a report on the resolution of access issues for G's General Store and to request the Board determine if it is in the public interest to approve the payment of costs to modify the existing median on Golden Gate Boulevard for such access. CONSIDERATIONS: At the July 30, 2002 Board meeting (Agenda Item 6C), Mr. George Risher requested that staff be directed to meet with him and resolve an issue of access to his property from Golden Gate Boulevard as a consequence of the four-lane improvements to Golden Gate Boulevard. Staff met with Mr. Risher and his Attorney on Monday, August 12. At that meeting several items were discussed and mutually resolved. Attached to this Executive Summary is a copy of a letter from staff to Mr. Risher's Attorney setting forth the understanding reached at that meeting (Attachment No. 1). A recent email message from Mr. Risher's Attorney (Attachment No. 2) indicates that Mr. Risher is satisfied with the resolution of the issues as set forth in the attached letter, but is requesting that the County pay for any costs associated with the reconfiguration of the newly installed median on Golden Gate Boulevard. Staff cannot support this request for the following reasons: · The existing median configuration has been shown on the construction plans since the early stages of the design. Mr. Risher was aware of this geometry from the beginning of the project. Staff negotiated an Agreement with Mr. Risher during the right-of-way acquisition for the Golden Gate Boulevard improvement project. As a result of that negotiation, Mr. Risher was compensated for the impact of the project on his property. Paying for median improvements at this time would amount to a double payment. · The proposed median modifications are site-related. Typically the County does not pay for site-related improvements. · Staff is of the opinion that an offer to pay for these site-related improvements could set a precedent. Staff recommends that the Board uphold staff's position declining payment for site-related improvements. - SEP 1 Executive Summary Status Report Regarding Access Issues For G's General Store Page 2 of 2 FISCAL IMPACT: There will be no fiscal impact from this issue if the Board supports the staff position. If the Board determines that it is in the public interest to underwrite the cost of the median modifications on Golden Gate Boulevard, staff estimates that the modifications will cost about $20,000, subject to final confirmation. A Budget amendment from Fund 313, Gas Tax Reserves will be required. GROWTH MANAGEMENT IMPACT: There is no growth management impact from this issue. RECOMMENDATION: That the Board receive this status report and confirm that the County will not be responsible for any costs associated with providing access to G's General Store on Golden Gate and Wilson Boulevards. Ap~prove gel: a~mdment, ±f needed. SUBMITTED BY: Edward,~.,K~t, PE/,~r~sportation Operations Director Norn~a~/l~iSedi~- ~I~ P. Transp°rtati°n Administrat°r Attachments: No. 1/- Letter_ from Kant to Yovanovich No. 2,/- Email message from Yovanovich to Kant COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT August 13, 2002 Richard Yovanovich, Esq. Goodlet~e, Coleman & Johnson, P.A. 4001 Tam/ami Trail North, Suite 300 Naples, FL 34108 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov, net Re2 G's General Store Golden Gate and Wilson Boulevards Dear Mr. Yovanovich: 1-hank you and Mr. Risher for cormng in to meet with Mssrs. Feder. Strakaluse and Bathon and me on Monday. August 12. DUnng our meeting you and Mr. Risher presented a proposal to resolve both the short-term and iong-ten-n access to the subject site. That plan included the following elements tbr the short-term resolution and is based on the drawing by RWA, Inc, dated Jutv 2002 titled "G's Proposed Access Plan" that you provided at the meeting: Mr. Risher will obtain control of the prope~: in'm~ediately to the east of the current G's General Store. Nfl-. P, ssher will construct a frontage driveway along the newly acquired property. to serve the existing commercial development. Mr. Risher will modify the existing median divider on Golden Gate Boulevard to provide eastbound left turn storage into the new frontage driveway. The new frontage driveway w/l] share access with the existing driveway located near the easterly edge of the newly acquired property. ~Mr. Pdsher would like to build a temporary, parking lot to the north of the existing commercial development consisting of about 20-30 spaces. I met briefly with Fred Reischl, Principal Plarmer at the Community Development and Environmental Services Division. Mr. Reischl ageed that Mr. Pdsher's proposal is feasible, subject to the submission of a site plan for review and approval prior to any construct/on taking place. Mr. Risher will provide access improvements along Wilson Boulevard to accommodate a new driveway at a point no closer than 550' (center- measurement) north of Golden Gate Boulevard. These access imprm / AIIACHMENI NO. PAGE / , OF z Richard Yovanovich, Esq. August 13, 2002 Page ~ consist of the necessary, turn lanes and gored areas consistent with the requirements of the FDOT Design Standards for a design speed of 50 MPH. Nk. R/sher will convert the ex/sting driveway access on Wilson Boulevard (located about 150' '--+- north of Golden Gate Parkway) to a fight turn in only. Collier Count':' staff w/il coordinate between the Transportation Sermces Division and the Community Development and Environmental Services Div/sion to facilitate the short-term plan. The long-term plan includes the added elements of a Growth Management Plan change and a zoning change to accommodate added commercially zoned property and a master plan for the entire property. However, the long-term plan would essentsatly allow for ~the rev/sed access provided by the short-term plan. with the possible exception of the driveway described in Item No. ? above. Please adv/se if the foregoing is consistem xvirh your understanding of the issues we discussed at r~.e August 12 meeting. It' so, we will present the results of our mutual a~eement to the Board of County, Commissioners as requested at their September 10 meeting. We look £orward to hearing ~om VOLI. VeO' truly yours. ./ . · ./ 5,'.'L..;- . -~ .' ,, -c. 3~3;' / ..? .~: ,. ,.;./ .. .... Edward J. ~a< P.E. Transporta~fsn Operations Director CC' Norman E. Feder, AICP, Transportation Administrator Gregg Strakaluse, P.E., TECM Director Dale Bathon, P.E., Principal Project Manager Connie Deane, Transportation Services Div/sion Community Liaison Robert W. Tipton, P.E., Traffic Operations Manager Fred Reischl, Principal Planner, CDES File: Golden Gate Boulevard (G's General Store) I IATTACHMENT NO. / PAGE z OF z. NofOp? IT~.~ SEP 1 0 2002 kant e From: Sent: To: Cc: Subject: Rich Yovanovich [RYovanovich@gcjlaw.com] Monday, August 26, 2002 4:51 PM kant e 'caycon@aol.com' G's General Store Ed I have discussed your letter with George Risher. George is in agreement with everything in your letter except his paying to modify the east bound turn lane. Since the County is the party that significantly impacted the access to the property, the County should assist in remedying the problem. George has agreed to apply for the Comp. Plan amendment and zoning changes at his expense. He is paying his neighbor a significant amount of money to get access rights. He is paying for the design and construction of the frontage road and he is paying for site improvements to provide additional access off of Wilson. He is only asking the County to modify the turn lane at its expense. Please discuss this matter with Norm Fedor and schedule this matter for the BCC meeting on September 10,2002. Please contact me if you have any questions. Rich ,AI'I'ACHMENT NO. '~-- PAGE / OF AGE bl,I;;;IA ITE~_~ SEP 1 0 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REV1EW AND APPROVE A SCOPE OF SERVICES AND FUNDING FOR A CONTRACT WITH DOVER, KOHL AND PARTNERS FOR THE DEVELOPMENT OF THE NAPLES PARK COMMUNITY PLAN. OBJECTIVE: To have the Board approve a scope of services contract and funding for the Naples Park Community Plan. The Board of County Commissioners directed staff to work with the residents of Naples Park to prepare a scope of services for a community plan and bring the scope of services back to the Board for approval. The attached Scope of Services represents the product of this effort. CONSIDERATIONS: The purpose of the community plan is to coordinate the improvement and redevelopment of a maturing or declining commercial or residential area consistent with its community character such that property values, iivability and commerce would be enhanced over time. In the June 2001 Community Character Plan Workshop, the Board identified their support for community planning for certain areas in the county by suggesting that $250,000/annually would be needed for outside consulting services. In addition, the Board committed that Naples Park would be the first area to be considered for a community plan. Consistent with this objective, staff has worked with Naples Park residents, business owners and consultants in development of a Scope of Services to develop a community plan for Naples Park. Naples Park representatives have expressed a strong interest in extending the contract with Dover, Kohl and Partners so that there will be consistency and cost efficiency toward the preparation of their Community Plan. In response, the attached Scope of Services was developed. With approval of this Dover, Kohl Scope and Contract, community plan preparation can begin immediately after Board approval. FISCAL IMPACT: The FY03 County Budget includes $150~000 for community planning initiatives including the Naples Park Community Plan and an East Naples US41 corridor Study. The approval of the attached scope of services with Dover, Kohl and Partners will require the transfer of $63,911 (drainage study inclusive) or $58,911 (excluding drainage study) from MSTD General Fund (111) Reserves into Comprehensive Planning cost center 111-138317 current FY02 operating budget for the "begin work" payment to Dover-Kohl. The balance of the contract total of $211,370 (drainage study inclusive) would be paid from FY03 appropriations. Approval of this contract for development of the Naples Park Community Plan may require the appropriation of additional funds from reserves in FY03 for the East Naples US41 corridor study. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan adopted in October, 1997 states that redevelopment plans for existing commercial and residential areas may be considered by the Board. SEP 1 0 2002 RECOMMENDATION: That the Board of County Commissioners approve the attached Scope of Services and funding for the development of a Naples Park Community Plan. Authorize payment(s) consistent with Exhibit B outline of Professional Fees and Reimbursable Expenses. Direct staff to execute the necessary budget amendments and any other contract instruments in order to complete the project. PREPARED BY: TH~AS T~IPAL PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: S~i-~ER. ,~,~~ COMPREHENSIVE PLANNING MANAGER D ATE ~RF~'IEWED BY: MARGAR~ WUERSTLE.'AICP. DIRECTOR PLANNING SERVICES DEPARTMENT APPROYED BY1 . /JOSEPH K. SCHMITT, ADMINISTRATOR ~COMMUNITY DEVELOPMENT AND t ENVIRONMENTAL SERVICES DIVISION DATE [)ATE SEP 1 0 2002 pg. z.- Agreement for Consultant Services: Naples Park Dover. Kohl & Partners Collier County, FL August 23. 2002 Page I of 12 EXHIBIT A Scope of Services Exhibit A supplements the Agreement for Consultant Services dated ,2002, by and between Collier County ("The County") and Dover, Kohl & Partners ("The Consultant"), and is by such Agreement incorporated therein by reference. I. Scope of Services. Phase I - Project Organization and Analysis The Project Organization and Analysis Phase will include the review of relevant information and previous studies and plans. It will include a trip to Collier County for interviews, on-site analysis, and initial meetings with the County. Tasks 1.01 Review ali Relevant Information The Consultant will review any relevant information that the County deems necessary, which should include: County Comprehensive Plan County Land Development Regulations County Zoning Regulations County Development Guidelines Collier County Community Character Pla~ Previous studies and plans Other technical memoranda 1.02 Site Visit and Analysis of Physical Conditions (Trip #1) The Consultant will focus on the existing physical conditions of Naples Park. The Consultant will become further familiar with the urban form in the study area including its framework of streets, blocks and lots, building types, building forms and land uses. The analysis will be performed with both the feasibility of optimized redevelopmendpreservation and the livability needs of the community and surrounding neighborhoods in mind. 1.03 1.04 1.05 Project Kick-off Meeting The Consultant will meet with the County to review data and base map information, discuss project tasks and schedule, and review arrangements for the upcoming workshops. Interviews The Consultant will meet with and interview local officials, Naples Park residents, and stakeholders that the County deems necessary. Interviews are used to gather ideas from these groups and build awareness and support for the upcoming design workshops. Assemble Base Map The County will provide assistance to the Consultant to create the necessary base maps n_eede~d for the design workshops. Specific items needed are identified in "Attachment A" :o thi~,~ IIE~ SEP 1 0 2002 pg. 3 1.06 1.07 Agreement for Consultant Services: Naples Park Dover, Kohl & Panners Collier County. FL August 23. 2002 Page 2 of 12 "Exhibit A." The Consultant will examine the base information provided and review any preliminary concerns provided by the County. Creating Public Awareness The Consultant will assist with the public relations effort, providing guidance to the County by editing press releases that can be distributed to the media, local associations, merchants associations, civic groups and builders, among others, if County deems appropriate. Consultant will be available to reporters who call as the project gets underway, if so directed by the County. Design the Workshop The Consultant will tailor the community workshop to obtain the best possible plan, best possible community input and resulting work products. The format will incorporate our findings from the initial site analysis, County staff input, previous meetings, and interview's. The Consultant will coordinate the logistics of the workshop with the County. The results of the workshop will guide the creation of the work products identified as part of this planning project. The County will be responsible for the promotional effort for the community workshop. Phase II - Community Workshop (Trip #2) The community workshop, to be held on location in Naples Park, will build consensus and re-establish a xision for Napies Park based on the Collier County Communit3' Character Plan. The workshop will focus on community involvement and the creation of a unified vision for the future of the neighborhood. The Consultant will make recommendations on the physical redevelopment of the neighborhood through a physical plan depicting the goals of the community. The plan will be used to encourage private and public investment in the community. The Consultant will develop a Community Plan scenario of the Naples Park area that will be depicted through the use of charts, maps, and other graphic media. Recommended architectural standards, infill development, and ideas spatially related to pedestrian and bicycle traffic will be examined. Tasks 2.01 Kick-off Event A community kick-off event will be held the evening prior to the Community Design Session to introduce th~ design team and mark the official start of the Naples Park Community Workshop. The event will feature an opening "food for thought" presentation based on the Cornmttttit3' Character Plan, in order to educate participants on traditional urban design, street details, zoning, and redevelopment. 2.02 Community Design Session Following the evening opening presentation, participants will gather the next day for a Community Design Session. The Community Design Session will include residents and business owners of Naples Park; citizens, leaders and County staff are strongly encouraged to participate. The Consultant will provide a staff of approximately seven planners and designers, which will include at least one Principal and one Project Director, to facilitate the design session. The design session will begin with a welcome by the County, followed by a briefing to lay out the challenge for the participants, orient participants to maps, and set ground roles and g< 2002 2.03 Agreement for Consultant Services: Naples Park Dover. Kohl & Partners Collier County. FL August 23, 2002 Page 3 of 12 session. Participants will work in small groups, gathering around tables to draw their important ideas. During the first part of the table sessions, the community will discuss what they like and dislike about the existing conditions of the study area. Participants will then work on how they would like the area to improve. Discussions and illustrations will involve land uses, activities, services, and physical characteristics of the area. At the end of the session, a spokesperson from each table will report the findings and major points to the entire assembly. The hands-on session will help participants to compare alternatives, forge a community consensus and form a preliminary overall vision for the area. On-site Design Studio Following the Community Design Session, the Consultant will work on-site in Naples Park for four to five more days refining the plan, illustrations, and initial alternatives of the community design. At this time, the design team will analyze the information gathered at the Community Design Session and site analysis in order to formulate the initial concepts for the plan. Members of the County staff, elected officials, and the community will be encouraged to stop-by the design studio as new issues come to mind or to check on the project's status. Specific meetings and interviews can be arranged if necessary. 2.04 Develop Alternatives During the on-site design studio, the design team will develop a series of alternative plans and designs for Naples Park. Based on community input and best planning practices, the Consultant shall develop a Preferred Community Plan scenario of the Naples Park area that will be depicted through the use of charts, maps, and other graphic media. Recommended architectural standards. infill construction, and ideas spatially related to pedestrian and bicycle traffic will be examined. 2.05 2.06 Refine Design Concepts The Consultant team will devise updated concepts to present to the Naples Park community in an open forum for comment and review (see Task 2.06). The concepts will be based on the information gathered throughout Community Workshop 1. Community Presentation of Design Concepts The Consultant will present the various plan concepts for Naples Park at an evening community meeting. The meeting will be organized similar to a "town meeting" and will involve open discussions as well as a "work in progress" presentation. Participants will be offered the opportunity to recommend which ideas are best for their community. Input regarding the work to date will be sought at this workshop and the Consultant will then work evolving the plan in further detail. SEP 1 0 2002 Agreement for Consultant Services: Naples Park Dover. Kohl & Partners Collier County. FL August 23. 2002 Page 4 of 12 Phase III - Review and Presentation of the Community Plan (Trip #3) The final overall Community Plan will be presented during Trip #3. The review and presentation of the Naples Park Community Plan will consist of a presentation to the community as well as the County Commission. Tasks 3.01 3.02 3.03 Prepare Draft Community Plan Based on the Community Workshop, the Consultant will return to their Coral Gables office to finalize a draft Community Plan. The draft Community Plan will consist of drawings to include one or more aerial perspectives, illustrative site plans, cross sections, and one or more eye level perspectives. In addition to the draft Community Plan, a draft of the Design Standards will be prepared along with a draft of a brief report documenting the plan and underlying information. Present Draft Community Plan to Naples Park (Trip #3) The Consultant vcill present the draft Community Plan to the Naples Park community at an evening meeting. Participants will be offered to comment on the plan, prior to review by the Count)' Commissioners. Present Draft Community Plan to County Commissioners The Consultant will present the draft Naples Park Community Plan to the County Commissioners for initial review. Phase IV - Detailed Community Plan, Development Standards. and Implementation Plan Following the community workshop and community presentations, the Consultant will make adjustments to the draft Naples Park Community Plan and prepare the related work products. 4.01 Workshop Summary Report The Consultant will prepare a document including images from the work in progress, a brief narrative summarizing the findings from the workshop, and a description of the process used to create the Community Plan (4 to 8 pages). The Workshop Summary Report shall be concise and reproducible so that it can be used to promote the redevelopment of Naples Park with the business community and the public. 4.02 Draft Community Plan Based on the Community Workshop, the Consultant will finalize the draft Community Plan (see Task 3.01 ). 4.04 Final Naples Park Community Plan Report The Final Naples Park Community Plan Report will include information gathered during the community workshop, summarized appropriate support documentation, the recommended Naples Park Community Plan, and an implementation plan. 4.04.01Support Documentation Iqo. I~'~. SEP 1 0 2002 Agreement for Consultant Services: Naples Park Dover, Kohl & Partners Collier County. FL August 23. 2002 Page 5 of 12 The support components in the Report would likely include, at a broad level: 1. Assessed Valuation Trends in Naples Park 2. Market and Location Analysis 3. Analysis of the Existing Transportation Framework 4. Demographics 4.04.02Preferred Community Plan 1. Design Standards - The Design Standards will include development models and guidelines that are designed to encourage future redevelopment in an organized development pattem. The design standards should include specific development regulations and criteria to provide the desired outcomes of the Community Plan that can be incorporated into a zoning overlay or similar land development mechanism. The Design Standards would likely include, but are not limited to the following: a. Building Setback Standards b. Building Height Standards c. Street Frontage Standards d. Landscaping and Screening e. Pedestrian, Parking & Streetscape Improvements f. Architectural Standards for Buildings 2. Transportation Framework (Hall)- The Transportation Framework will recommend strategies to improve traffic movements, protect residential neighborhoods, and improve the pedestrian realm. Transportation recommendations for the overall stud~ area and for the major corridors and selected local streets will be included in the Community Plan. Suggested improvements may include, but are not limited to the following: a. Corridor landscaping b. Commercial and Pedestrian Oriented Streetscapes c. Parking d. Traffic Calming e. Lighting f. Efficiency and Connectivity of Local Street Network. 3_. Illustrative Plans and Exhibits - Maps and graphics included in the Community Plan. depicting design standards and transportation improvements, should be in reproducible black and white or color versions in 8 1/2" x 11". Display graphics and maps should be poster-size and in color. The illustrative plans and exhibits should depict at a minimum, the following: a. Aerial view of region with the proposed concept for Naples Park highlighted. b. Aerial and eye level renderings of the study area. c. Illustrative Plans of the Study Area Land Use Plan Transportation Plans to include proposed street framework and recommended street improvements Open Space Plan Design Guideline Plans d. Detailed Plans of Selected, Corridors, Local, Streets and Prototype Blocks to illustrate as appropriate: Block Configurations SEP I 0 2002 ao Agreement for Consultant Services: Naples Park Dover. Kohl & Partners Collier County. FL August 23. 2002 Page 6 of 12 Street Frontage Building Height Building Setbacks Landscaping and Screening Design Standards Pedestrian, Parking & Streetscape Improvements Median and Pedestrian Crossing Improvements Architectural Standards Strategies for RegulatoD' Implementation - The Naples Park Community Plan will include specific strategies for its regulatory implementation by the Board of County Commissioners: Analyze the Collier County Growth Management Plan to identify any impediments to implementing the Naples Park Community Plan and ali opportunities to further the plan. Analyze the current zoning designations for Naples Park and the remainder of Collier County's Land'Development Code to identify impediments to implementing the Naples Park Community Plan. Identify various strategies including new zoning districts, overlay zones, and other code changes that will allow and enconrage implementation of the Naples Park Community Plan. Recommend the specific types of changes that are needed to the Growth Management Plan and Land Development Code, using a format similar to the implementation chapter of the Collier County Community Character Plan: -I~lentify specific Growth Management Plan policies and the types of changes that are needed to each. and identify new policies that need to be added. -Provide a detailed outline of the recommended strategy for amending current zoning and the Land Development Code. Financing Alternatives - This section xvill evaluate potential funding alternatives and phasing for the public improvements described in the Naples Park Community Plan: Evaluation of potential funding sources to implement the identified public improvement strategies (e.g., public/private initiatives: grants: a municipal services taxing or benefit units: a community redevelopment agency). Detailed evaluation of the potential for establishing a Community Redevelopment Agency (CRA) as a funding mechanism to facilitate improvements and large-scale development and investment. The evaluation would include: review previous attempts to designate a CRA for Naples Park; coordination with the Property Appraiser's office to obtain historic property valuation data and data for the current year; - development of several alternative projections of potential tax increment for various growth rate and development scenarios: - project development scenarios to use in projecting tax increment; - background research and provision of examples of the experience of other CRAs in Florida with communities of similar makeup: ~igo'~A II'F.~ ,,,. !(3 D SEP I 0 2002 4.05 4.06 4.07 Agreement for Consultant Services: Naples Park Dover, Kohl & Partners Collier County, FL August 23, 2002 Page 7 of 12 - a summary of the exact steps that would be needed for Collier County to establish a CRA in Naples Park. preparation of a separate technical memorandum which includes the above and explains how the unique tools provided by a CRA designation and TIF fund could facilitate improvements and act as a catalyst for development and investment, and how such investment could benefits the Naples Park community and return a significant revenue benefit to Collier County's general fund. Follow-up Presentation (Trip #4) The Consultant will present the Community Plan, Development Standards, and Implementation Plan to the County. Refine the Community Plan and Development Standards Following the Follow-up Presentation, the Consultant will provide one revision of the Community Plan. Development Standards, and Implementation Plan under the direction of the County. Final Presentation (Trip #5} The Consultant will make a final presentation on the revised Community Plan. Development Standards, and Implementation Plan to the County. II1. Responsibilities of the County. The Consultant's completion of tasks herein within a timely basis is contingent on the County's cooperation in providing information and its participation v, ith respect to certain project activities. The County shall be responsible to the Consultant for the timely performance of the following tasks: 3.1 3.2 3.3 3.4 3.5 Provide, on a timely basis prior to the Consultant's first site visit, the Base Information requested in Attachme,t A. Provide supplementary information that may be requested from time to time during the course of the Project. Provide a project coordinator with reasonable decision-making authority as a single point of contact for the County. Attend and participate in project meetings upon the request of the Consultant. Manage under separate contract additional specialty expert subconsultant services as deemed necessary, by County, or authorize Consultant to contract with subconsultants and reimburse Consultant for the costs of these services. In particular, an engineering firm is needed for special services regarding the potential redesign of the secondary drainage system in Naples Park, specifically the roadside swales and driveway culverts. The most current drainage study, "Drainage Study of Naples Park Area Drainage System," prepared by Agnoli, Barber, and Brundage, Inc (ABB) in June 1988, focused on improvements to the primary drainage system between 91st and 92nd Avenues and also along 80` Street. That study and subsequent physical improvements (replacing the major outfall ditches there with a underground storm sewer) was possible without adding expensive water quality treatment because of the role that the roadside swales play in cleansing stormwater before it flows into the new storm sewer. However, roadside swales often preclude other important public improvements such as sidewalks and street trees. An additional study is need{ t on SEP 1 0 2002 Agreement for Consultant Services: Naples Park Dover, Kohl & Partners Collier County, FL August 23. 2002 Page 8 of 12 3.6 3.7 3.8 3.9 alternatives to roadside swales that can provide equivalent water quality treatment. This study also needs to provide accurate unit costs for constructing such alternatives because these costs will be essential in providing an accurate picture'of the total cost to implement the streetscape improvements to be depicted in the Naples Park Community Plan. We recommend the County execute a contract with ABB to conduct this additional study in the immediate future. We estimate a figure of approximately $15,000 (estimate included in the "Fixed Fee" found in Exhibit B: Professional Fees and Reimbursable Expenses, section 1.1). Assist in guiding public outreach throughout the project and soliciting the attendance of third parties whose participation the Consultant considers important. Make every effort to insure the attendance of a majority of elected County officials, stakeholders, and investors at the workshop presentations. Provide the professional services of competent legal counsel, landscape architect, engineer. and other consultants that may be required for completing legal and technical documents. Promptly tender payment of all valid invoices. IV. List of Final Work Products. The Consultant shall produce specific graphic and written deliverables in conjunction with the professional services described in this Exhibit. 4.1 Graphic Documents. Graphic Documents will include the following or a reasonable equivalent: a) lll,strative Master Plan ( 1 ). rendered in color and showing rights-of-way, green space. areas where new construction should occur, and various other features of the project area: at a scale to be determined. b) Technical Planls), showing property lines, existing and proposed streets, geographic features, and future parcelization; to the extent possible, the drawing will show basic above-ground infrastructure, and. in the commercial areas, the conceptual location and layout of any shared parking areas. This drawing will be drawn in AutoCAD suitable for preliminary engineering and will serve as the basis for the Regulating Pla,. c) Perspective Drawings (minimum of 3), rendered in color and showing examples of typical streets, squares, parks, specific locations of importance, or other significant design concepts, as Consultant may deem appropriate. d) Diagrams, as needed, rendered in black and white, illustrating ideas or concepts such as the following: (1) Pedestrian and vehicular networks; (2) Network of open space: (3) Public buildings and public spaces; (4) Building types or street types; and (5) Design Standard related explanatory diagrams. 4.2 Written Documents. Written Documents will include the following or a reasonable equivalent: a) Workshop Summar3, Report. a summary of the findings from the workshop and description of the process used to create the Community Plan (4 to 8 pages). Ahernative Concepts Documentation, if necessary, a summary memorandul ,,,._ !C' . SEP 1 0 2002 Agreement for Consultant Services: Naples Park Dover, Kohl & Partners Collier County, FL August 23. 2002 Page 9 of 12 c) documenting major alternative concepts considered for Naples Park. CRA Technical Memorandum, memorandum to evaluate the appropriateness of establishing a Naples Park CRA. CommunitT Plan Report, to include information gathered during the community workshop, &ppropriate support documentation, the Naples Park Community Plan, and an Implementation Plan. 4.3 Format of Deliverables. The Consultant shall provide final work products to the County in the following format: a) Graphic documents. Graphic documents shall be printed or plotted on paper and delivered to County ( 1 reproducible copy only). When completed these documents shall also be delivered to the County on a CD-ROM ( 1 copy only) in a digital format. Upon request and at additional cost, the Consultant will also provide additional sets of high quality reproductions of the graphic documents in an appropriate printed format. b) Written documents. One reproducible and unbound copy of all written documents shall be printed on paper in an appropriate format. One ( I ) bound copy of the Community Plan Report shall be provided to the County. The document shall also be digitally stored in an appropriate computer format, and will be provided to the County on a CD-ROM ( 1 copy only). The report will also be converted into a read-only format la "pdf' file that can be opened using the freeware program Adobe Acrobat Reader) for reproduction by the Count.,,'. ct Additional Copies. The County may request additional copies of the abo~e deliverables upon payment to the Consultant of the actual reproduction cost, plus a fee for additional services in accordance with Exhibit B, Section 1.3 of this Agreement. SEF 0 2002 Agreement for Consultant Services: Naples Park Dover. Kohl & Partners Collier County, FL August 23, 2002 Page 10ofl2 ATTACHMENT A Base Information In accordance with Section I, 1.05, of Exhibit A, the Consultant requests the County to provide the following Base Information: SCALE BASE MAPS, in digital and hard copy formats, indicating existing conditions of the project area and context, including significant features above and below the ground, environmental constraints, polluted areas, archaeological sites, utility locations, etc. Maps should specifically include ArcView GIS data and an AutoCAD survey plan of the project area indicating any property lines, easements, and any existing building footprints and heights, roadways, sidewalks, driveways, curbs and curb cuts, alleys, and traffic control devices. A topographic/environmental survey should indicate spot elevations or topography lines and delineate any jurisdictional wetlands. A tree survey should precisely indicate the location of any existing specimen trees. Copies of design documents for road improvements already made or slated to be made to adjacent thoroughfares should also be provided to the Consultant. · AERIAL PHOTOGRAPHS. preferably in color, in plan view and at the largest possible scale. RELEVANT EXISTING REGULATIONS. which may constrain zoning, land use. or previous development proposals envisioned or supported by this Project, and relevant published comments of local government officials and administrators regarding such constraints. ANY OTHER RELEVANT DA TA, including pertinent portions of previous local zoning approvals. covenants, and previous site studies, traffic studies, infrastructure studies, market feasibility studies, historical background, etc. Upon commencement of the Project. County shall provide Consultant with the above information. County represents to Consultant that it may depend upon the accuracy and completeness of the information so provided. If County is unable to provide any of the requested information, it shall immediately contact Consultant to determine whether such information is reasonably necessary and how such information might otherwise be obtained. If Consultant considers the requested information reasonably necessary for the project and County remains unable to provide such information, then Consultant may prepare or obtain such information as an additional service compensable in accordance with the Agreement. a,c.,rr_.~ A fr~ 1'3 SEP 1 0 2002 Agreement for Consultant Services: Naples Park Dover. Kohl & Partners Collier County. FL August 23, 2002 Page 11 of 12 EXHIBIT B Professional Fees and Reimbursable Expenses Exhibit B supplements the Agreement dated .2002, by and between the County and the Consultant, and is by such Agreement incorporated therein by reference. I. Professional Fees. The County shall compensate the Consultant for professional services rendered in the performance of this Agreement or in the service of the County. Unless this Exhibit has otherwise established a flat fee, professional fees shall accrue on an hourly basis in accordance with the current rate schedule of Consultant: Position S/hour Principal 175. 2® Principal 135. Project Director 100. Planner, Senior Designer 100. Design Specialists 85. Travel ~ 2 regular rate The Consultant reviews its hourly rates each calendar year. and reserves the right to modify its rate schedule at such time. The County will be notified in writing in advance of any such change. 1.1 Fiat Fee. The County shall make payment to the Consultant of professional fees in the amount of $211,370 ($211.370drainage study included: 5196370 drainage study not included/ for the completion of the work in the Agreement. The flat fee does not include reimbursable expenses advanced either in the performance of the Agreement or in the service of Count.~. Such expenses will be billed in accordance w'ith Section II and III of this Exhibit. The payment of this sum to Consultant shall be apportioned as follows: Thirty (30%) percent shall be paid as a nonrefundable retainer / initial deposit concurrent with the scheduling of the Project; Fifty (50%) percent shall be paid upon the conclusion of the Charrette; and the remaining balance shall be apportioned into monthl.~ payments corresponding to the percentage of work completed. 1.2 Retainer / Initial Deposit. Upon executing the Agreement, County shall pay to Consultant an initial deposit in the amount of $63,911 ($63,911 drainage study included; $58,91 ! drainage study not included) prior to Consultant commencing work. which amount shall be non- refundable unless Consultant terminates the Agreement without cause in accordance with Section 15 of the Agreement. 1.3 Additional Services. Professional fees for services not specifically described in this Agreement shall accrue on an hourly basis and shall constitute fees in addition to the above- mentioned professional fees. II. Reimbursable expenses. In addition to the payment of professional fees, County shall reimburse Consultant for reasonable expenses arising in the performance of this Agreement or in the service of County. Consultant shall invoice such expenses either monthly or from time to time as they SEP 1 0 2002 Agreement for Consultant Services: Naples Park Dover. Kohl & Partners Collier County. FL August 23. 2002 Page 12 of 12 incurred. County shall be advised in advance of any extraordinary reimbursable expenses. Appropriate documentation or receipts shall corroborate all reimbursable expenses. Project expenses deemed within the reasonable discretion of Consultant include the purchase of the following goods and services: (a) Reproduction graphics and reproduction expenses, such as printing, photocopying, photographing, photo-processing, filing, and computer storage supplies and materials; (b) Mailing, packaging, and shipping by couriers, overnight, express, priority, or other type of delivery service or the U.S. Postal Service; (c) Long-distance telephone, fax, and modem charges; (d) Travel expenses, such as transportation, food, and lodging, if necessary. (e) Commercial rentals, as required, for supplies, equipment, work rooms, meeting rooms, and presentation rooms; (f) Supplemental insurance coverage or insurance policy endorsements required by the Agreement, if Consultant's existing insurance coverage is unacceptable to County: and (g) Any other miscellaneous or out-of-pocket expenses reasonably contemplated by the scope of services for this Project. III. Payments. Consultant shall submit to County invoices for professional services rendered and reimbursable expenses incurred to date. Such invoices shall be paid in full promptly upon receipt, but no later than thirty (30) days following the date of the invoice. Invoices that remain unpaid after thirty (30) days may incur an additional service charge of one and one-half (1.5%) percent per month, but no greater amount than that which is legally permissible. SEP 1 0 2002 AGNOLI BARBER & [ 'sRUNDAGE. m'c Professional Engineers. Planners & Land Surveyors 7400 Tamiami Trail North. Suite 200. Naples, Florida 34108 1625 Hendry Street, Suite 101. Fort Myers. Florida 33901 Phone: (941)597-3111 Phone: (941)337-3111 MEMORANDUM Fax: (941 )566-2203 Fax: (941)334-1175 Date: To: From: Subject: August 23, 2002 Margaret Marshal Dominick J. Amico, Jr., P.E. Naples Park Drainage The following is the excerpt from the document you provided outlining the scope to be provided by our firm; 3.1 Manage under separate contract additional specialty expert subconsulu, tt services as deemed necessary by Cot.m,. or attthorize Cottsultant to contract with subcottsu[tants and reimburse ConsultantJbr the costs of these 'services. Itl particular, an engineerittg firm is needed for special services regarding the potential redesign of the secondary drainage system in Naples Park. specifically the roadside swales attd drivewar culverts. The most current drainage study, "Drainage Study of Naples Park Area Drainage System," prepared by Agnoli, Barber, attd Brundage, lnc (ABB) itt June 1988. jbcused on improvements to the primary dr~tinage system bem'een 91'r and 92'~a Avenues attd also along 8~ Street. That study attd subsequent physical improvements (replacing the major ourfall ditches there with a underground storm sewer) was possible without adding expensive water quali~.' treatment because of the role that the roadside swales pla3' itt cleansing stormwater beJbre it flows into the new storm sewer. However, roadside swales often preclude other important public improvements such as sidewalks arm street trees. Att additional study is needed on altentatives to roadside swales that can provide equivalent water quality treatment. This study also needs to provide accurate unit costs for constructing such alternatives because these costs will be essential itt providing an accurate picture of the total cost to intplement the streetscape improve.tents to be depicted in the Naples Park Community Plan. We recommend the Count~' execute a contract with ABB to conduct this additional study in the immediate fitture. Given Collier County's current policy prohibiting the use of underground stormwater storage techniques, it is quite possible that either vacant or occupied land would need to be used for open stormwater treatment. Our study will include the following; 1. Identify the available technologies for stormwater retrofitting. 2. Adapt the available technology to fit the specific circumstances of the Naples Park area taking into account the existing secondary drainage inadequacies. 3. Perform a rough conceptual design study of the various alternatives. 4. Formulate opinions of probable construction costs for each scenario and compute a~ served cost. 5. Present the design concepts to the applicable stormwater management agency for c{ mmenC- SEP 1 0 2002 _ 6. Make a recommendation of preferred alternative. 7. Attend design concept meetings as requested. Our estimated fee for items 1. through 6. will fall in the range of $12,000 to $15,000 dependant upon the number of acceptable alternatives discovered. We would strongly suggest involvement in the other scope items identified in your scope with regards to code familiarity and application. Item 7. will be billed on an as needed, time and materials basis. SEP 1 0 2002 EXECUTIVE SUMMARY AUTHORIZE A BUDGET TRANSFER FROM THE GENERAL FUND TO THE DEVELOPMENT SERVICES FUND IN THE AMOUNT OF $4050.00 TO PAY THE GULF COAST SKIMMERS WATER SKI SHOW, INC, VARIANCE APPLICATION FEES FOR TWO OFF-SITE SIGNS OBJECTIVE: To have the Board of County Commissioners approve the transfer of $4050.00 from the General Fund to the Development Services Fund for payment of the application fees for variances required for the two off-premises directional signs owned by the Gulf Coast Skimmers Water Ski Show, Inc. BACKGROUND: Gulf Coast Skimmers Water Ski Show, Inc. (Skimmers) have two off site signs advertising their water ski show and directing the public to Sugden Regional Park. One sign is located at the corner of U.S. 41 East and Avalon Drive adjacent to Walgreen's Drug Store and is identified as 3260 Tamiami Trail, East. The other sign is located on the Southeast portion of the intersection of U.S. 41 and Airport Road near the Blockbuster Video store and is identified as 4290 Tamiami Trail, East. The existing signs do not meet the criteria and standards of Section 2.5.5.2.12 and 2.5.5.2.13 of the Collier County Land Development Code (LDC) for off-premises directional signs. The necessary approvals and permits were never obtained to legalize the existing signs. However, minutes of the September 6, 1994 meeting of the Board of County Commissioner reflect that members of the Skimmers requested that the Board waive the variance fees and allow the signs to remain. County Manager Dorrill stated that the Board needed to authorize the variance petition and to authorize a budget transfer for payment of the variance application fee with public funds. The BCC unanimously passed a resolution stating "that staff bring the variance application back to the Board as soon as possible meeting the requirements for public advertising, provide different avenues for payment of the variance fees, and allow the signs to remain in place if legally possible." To date, complete variance applications have not been submitted. Reasons, beyond the control of the Skimmers, causing the delay include U.S. 41 being widened to six lanes and the property on which the signs are located changing ownership several times since 1994. CONSIDERATIONS: The Skimmers need to obtain the necessary approvals to legalize the signs as off*premises directional signs. Since neither sign meets the criteria and standards for off-premises directional signs, variances are required for both site locations. The cost for each variance application is $2025.00, thereby requiring a transfer of $4050.00 from the General Fund into the Development Services Fund. The Gulf Coast Skimmers Water Ski Show and Youth Outreach Program is a nonprofit organization formed to promote water skiing at Lake Avalon and to provide teen-agers and young adults a healthy alternative to crime, drugs and gangs. The program keeps kids off the streets and gives them something to do that is both physically demanding and very challenging. Since the lake is hidden from U.S: 41, the signs are the group's primary means of attracting spectators to the show. Surveys conducted by the Skimmers show that the signs are responsible for over 60% of the spectators attending the show. Donations from those spectators are the ~in of Support for the group. No. I~) ~ '". SEP 1 0 2002 FISCAL IMPACT: The application fee for an after-the-fact variance is $2000.00 plus an additional conversion fee of $25.00. The Skimmers are required to submit two separate variance application packages because the signs are located on two separate properties. Therefore, the total cost associated with the variance requests will be $4050.00 for both signs. The Board is requested to transfer $4050.00 from the General Fund (001) to the Development Services Fund (113) to cover these costs. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the transfer of $4050.00 from the General Fund (001) to the Development Services Fund (113) for payment of the application fees for variances required for the two off-premises directional signs owned by the Gulf Coast Skimmers Water Ski Show, Inc. MARGARET WUERSTLE AICP PLANNING SERVICES DIRECTOR APPRO ,~'0. BY: JO~PH K. SCI~ITt, ADMINISTRATOR CQ~IMUNITY DEV, AND ENVIRONMENTAL SERVICES AC~NOA rrFJ~ SEP 1 0 2002 L re,loX, co ~e~h fi~nu~l~y c~Z~un~m~ ki~m ~ff t= ~t ava~o~ ~e w~mre ~ ~1~ Oommc 1Miriam Wm~m~ 2Mi ~h~ Teem ~rty, i,m. ~H ~he ~erd~ pt~ ~p t~h ~ ~nt the b~il4in~. ~ .../res ult~. html?doc=9153 &tY pe=image&page=5&scale=fit&size=61 O, 1220&c=0 I I 0 2002 ....,/ ~tlnLt[C5 ' ~ ' of2 ~ ~ae~on8~ to Commt~mlongr stun~re, N&~ ~nol6. Acing tho~ ~e Cuuflty'w c~fl ~am ~ugh~ mb~t ~ m =~1=~ r~e ? 1 0 2002 .../res u It s.html ?doc=9153 &type=image&page=6&scale= fit& size=61 O, 1220&c--O,O&wrap=o ff&c 10/6/00 Minutes 09/06~1994 R 2002 .../msults.html?doc=9153&type=image&pag¢=?&scale=fit&size=61 O' 1220&c=O'O&wrap Page i of 2 ways' ~o pay ,fee [o aA ~ow ~'igD~ to legally cmmain. appcov=d 4/D ~aun~ers out) Ai:'i:Z'~I 5/0 ;EP 1 0 2002 http://www.clerk.collier.fl.us/scripts/LFW.../results.html?doc=9518&page= I &cid= 127859513 0/6/00 EXECUTIVE SUMMARY Recommendation to confirm the promotion of Mr. Leo Ochs to the position of Deputy County Manager OBJECTIVE: To confirm the promotion of Mr. Leo Ochs to the position of Deputy County Manager. CONSIDERATIONS: On July 30, 2002, the County Commission entered into an employment agreemen~ with Mr. James Mudd to serve as the new County Manager. Subsequent to this action, Mr. Mudd presented his Executive Office reorganization plan as depicted in the attached table of organization. One elememt of this plan involves the recommended promotion of Mr. Leo Ochs to the position of Deputy County Manager. Pursuant to County Ordinance No. 93-72, this action requires confirmation by the Board. FISCAL IMPACT: Mr. Ochs will earn an annual salary of $125,958, which represents a seven percent sala['y adjustment. Sufficient funding is appropriated for this expenditure in the FY 03 budget. GROWTH MANAGEMENT IMPACT:. None RECOMMENDATION: It is recommended that the Board of County Commissioners confirm the County Manager's appointment of Mr. Leo Ochs to the position of Deputy County Manager. SUBMITTED BY:. ~,~------ ' //~-,- c.--/ ... Date:. / - ., -- James V. Mudd, County Malaager ~- ,~,,GEf,ID ' iT.~ SEP 10 2002 EXECUTIVE SUMMARY BOARD APPROVAL OF A BUDGET AMENDMENT FUNDING UNBUDGETED PERSONAL SERVICES EXPENSES IN THE COUNTY MANAGER'S OFFICE OBJECTIVE: To provide sufficient budget to meet both incurred payroll expenses and projected remaining payroll expenses in the County Manager's Office. CONSIDERATIONS: As a general rule, the payout of unused accrued sick and vacation leave is not a budgeted expense; exceptions occur when there is a planned retirement of a long- term County employee. The County Manager's FY 02 (Personal Services) budget was adversely impacted due to severance pay for former Assistant County Manager Mike McNees and former County Manager Tom Olliff. In addition, there was only one Assistant County Manager position budgeted in FY 02. However, the former County Manager received Board approval to have an Assistant County Manager position and a Deputy County Manager position. FISCAL IMPACT: The total estimated additional cost is $106,000. Funds are available in General Fund (001) reserves. The majority of these additional costs were included in the FY 02 salary forecast for the County Manager's Office in the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: Michael Smykowski. OMB Director Jarne~V. Mudd, County Manager Approve the budget amendment as detailed above in the Executive Summary. AGEN,D ~,E,~¢,. 2002 J EXECUTIVE SUMMARY REQUEST FOR APPROVAL AND FUNDING OF A PUBLIC INFORMATION COORDINATOR POSITION FOR THE PUBLIC UTILITIES DIVISION TO PROVIDE DIVISION-WIDE COMMUNICATION RESOURCES TO SATISFY A VARIETY OF CRITICAL NEEDS ($53,200). OBJECTIVE: That the Board of County Commissioners, as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), approve a public information coordinator position that will provide competent and professional customer relations, media relations, and communication for the division. CONSIDERATIONS: The Public Information Coordinator position will serve as a public information coordinator to the community as well as to the Public Utilities Division. This position will effectively promote and positively influence the public's understanding and perception about all departments within the Public Utility Division. Duties and responsibilities will include but will not be limited to: Acts as media spokesperson for the Division to disseminate information to the public and news media in a timely and expedient manner. Updates and maintains web pages to keep the public informed of current events, and report progress on all high profile construction projects within the division's master plans. Oversees the scheduling of all public meetings pertaining to capital projects and the effect such a project will have on the neighborhood. Coordinates any special events such as ribbon cutting and dedication ceremonies. Organizes and produces a public information program that will enhance and improve the level of customer satisfaction with county government programs, services and public policy decisions. Assists in establishing measurable criteria for monitoring customer satisfaction and/or concerns. Prepares the division's newsletter and provides and maintains photograph files and other graphics. Develops power point presentations for Board of County Commissioners or community events. This additional position is being requested to manage the public relations of the Division. The position dovetails on the Transportation and Community Development positions that have been approved for their divisions as well as the approval of a position within the County Manager's office that occurred through the budget process. The position salary starts at $33,653 and additional related costs are approximately $19,500, this includes benefits office furniture, supplies, and a computer. AGENDA ITF..M No. I0 SEP 10 2002 Pg- FISCAL IMPACT: A resolution will be prepared to insert this position as part of the fiscal year 2003 budget approval process. The funds are available in the reserves of the Water/Sewer Operating Fund 408. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), approve a public information coordinator position, PREPARED BY: Xn~ Marie Saylor, Opem'f~ns Analyst REVIEWED BY: Thomas G. Wides, Operations Director /' D at/e' APPROVED BY: James tV. DeLony, P.E., Public Utilities (Administrator Date AGENDA ITEM No._. ~,0 -~, SEP 1 0 ~002 pg._ EXECUTIVE SUMMARY BOARD APPROVAL OF BUDGET AMENDMENT REALIGNING PERSONAL SERVICES FUNDS REGARDING REORGANIZATION OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION, AS APPROVED BY THE COUNTY MANAGER ON MAY 22, 2001 OBJECTIVE: Board approval of the Budget Amendment, pertaining to the creation of the CDES Operations Department with the Community Development and Environmental Services Division (CDES), authorized by then County Manager, Thomas W. Olliff, on May 22, 2001. CONSIDERATIONS: On May 15, 2001, John M. Dunnuck III, CDES Interim Division Administrator, submitted for County Manager approval, the CDES Reorganization Plan. One of the Plan's components was the creation of the CDES Operations Department. The reorganization resulted in the realignment of certain ancillary functions under the newly formed department. On May 22, 2001, County Manager, Thomas W. Olliff, approved the reorganization plan described below, as it solely pertains to the creation of the CDES Operations Department: Convert the Utility Regulation and Franchise Administration Department to the CDES Operations Department with utility regulation and franchise administration as separate elements within the neb' department; Add the Graphics and Technical Support Office as an additional departmental element; >- Transfer the Records Room and a vacant Customer Service I! position, from the Office of Financial Management, to CDES Operations Department; ~- Transfer Customer Service/Addressing/Scanning and a Secretary II position, from the Planning Services Department, to the CDES Operations Department. Upon completion of the departmental creation and realignment of CDES' personnel into the CDES Operations Department, a realignment of Personal Services' funds is required, per attached Budget Amendment, as endorsed by the Human Resources Department. FISCAL IMPACT: No fiscal impact since realignment of Personal Services funds result in no expanded positions or services. GRO~VTH MANAGEMENT IMPACT: action. RECOMMENDATION: Bo/~lpprove/the attached Budget Amendment. SUBMITTED BY: D.4'~'~~?/~ cmr-~, CD ESDatoe~ :,~' APPROVED BY: There is no growth management impact regarding this 'Jo eph K. Schrfiitt, Administrator, CommunitS, Development and (/ices Division nviro~ 2002 Memorandum COMMUNITy DEVELOPMEt, To: From: Date: Subject: John Dunnuck, Interim Administrator C.D.&E.S. Thomas W. Olliff, County Manager May 22, 2001 Reorganization of the Division After review of your plans for the reorganization of the CDES Operations Department, I fully concur with your recommendations and approve your moving forward to implement these changes. TVVO/jb Office of the County Manager SEP 1 0 2002 Memorandum To: From: Date: Subject: Tom Olliff, County Manager John M. Dunnuck III, Interim Administrator May 15, 2001 Reorganization of the Division For several months, I have been considering the realignment of certain functions, supportive of the Division's overall mission. 1. CREATION OF OPERATIONS DEPARTMENT Rather than create a new department, I am proposing to convert the Utility & Franchise Regulation Department to a CDES Operations Department, with Bleu Wallace as Director. The utility regulation and cable franchise administration will become a separate section of CDES Operations. The Records Room, currently under the Office of Financial and Records Management, will be combined with Customer Service/Addressing/Scanning along with a Secretary II position (Susan See), currently under Planning Services, and Graphics to become a separate section under CDES Operations. The vacant Customer Service Representative II position currently in Cashiering will be transferred to the Records Room. These changes make sense from the standpoint that a) these functions serve the division as a support service b) these functions are located in the same of the building. Having one overall manager will help create redundancy through cross-training of functions. 2. REALIGNMENT OF FISCAL ACTIVITIES I believe it also makes sense to realign fiscal activities to report to the Business Manager. Under this plan the cashiering and impact fee administration elements will report to the Business Manager, in charge of the Office of Financial Management. The current Revenue Manager will head-up the Cashiering Operations, but report to Business Manager. This move will reduce the number of staff reporting directly to the Division Administrator and aligns a CPA qualified position with the financial operations. ADMINISTRATIVE ASSISTANT FUNCTION Community Development and Environmental Services Divis Office of the Administrator r¢/-4 k SEP 1 0 2002 Un~ler the reorganization plan, Technical Professional Don Bialock, currently in Planning Services, will be reassigned to Division Administration, reporting directly to the Division Administrator. Don will be available to the Division Administrator for special projects, etc. This position already assists the various departments (Records, Building Review & Permitting. He will still continue to assist the Planning Department on LDC amendments and other special projects. 4. CREATION OF ENGINEERING DEPARTMENT Finally, I am proposing that the Planning Department be divided into two departments: Engineering and Planning. I want the new Planning Director to concentrate on managing the current and comprehensive planning functions, as I believe these are key areas that need immediate support. Tom Kuck would then become director of Engineering and would report to the division administrator, but would continue to coordinate activities with the Planning Department. The overall plan streamlines functions that are currently disjointed, reduces the number of staff reporting to the division administrator, and does not create any new positions. I am requesting approval in order to move forward immediately (PAR's are already drafted) so we can interview the Planning Director position accordingly. Should you have any questions, please do not hesitate to contact me. Community Development and Environmental Services D/vis/o/ j'cCe (?f ~,he..Adm. injsJrator e o! the county Aamtntstrator ITEM SEP 1 0 2002 SEP 1 0 2002 EXECUTIVE SUMMARY APPROVE AN AGREEMENT TO ACCEPT A 100% REIMBURSABLE FLORIDA FISH AND WILDLIFE MARINE TURTLE GRANT IN THE AMOUNT OF $5,000. OB.JECTIVE: The objective of the grant is to design, produce and distribute sea turtle public awareness and educational materials for residences and visitors of Collier County. CONSIDERATION: The Florida Fish and Wildlife Conservation Commission has offered Collier County a $5,000 grant for FY 02/03. The funds will be used educate the local community on sea turtle issues and to reduce the negative, human related impacts on these species. The educational materials will augment our conservation efforts by encouraging compliance to sea turtle protection regulations and reduce hatchling disorientations. The materials will include items such as brochures and other items to inform beachgoers and beachfront property owners of ways they can promote the recovery of marine turtle populations. FISCAL IMPACT: The $5,000 will be budgeted with 100% cost reimbursement by the Florida Fish and Wildlife Conservation Commission. Since this proposal was not incorporated into the proposed FY 02/03 budget, the Natural Resources Grants budget (Fund 117) will need to be revised or amended to reflect the increased revenues and expenses associated with this grant award. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 7.3 of the Conservation and Coastal Management Element of the County' Growth Management Plan, which requires the County' to continue to implement programs that conserve and protect endangered and threatened wildlife species. RECOMMENDATION: That the BCC authorize the Chairman to sign the agreement for the $5,000 Florida Fish and Wildlife Conservation Commission Manne Turtle grant and approve any necessary budget amendments. Maura,c/Kraus, Pnncip'~'¢nvironme P ', . REVIEWED BY: ~~K~ ~_ ~ ~//__"~'~ Date: O~;,'o~' OF__. Wil~ D. Lorenz, 'J'~. P.E., ~irector, Natural Resources Department ,/Q'-'"'~ ,'~Z ~ Date APPROVED BY: / ~ ,;:~~, : Jo~'ep,~ K' Sc__.hrhitt, CDES Administrator Cc~gn. unity Development & Environmental Services SEP 1 0 2002 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DAVID K, MEEHAN H,A. "HERKY" HUFFMAN JOHN D. ROOD St, Petersburg Deltona Jacksonville QUINTON L. HEDGEPETH, DDS Miami EDWIN P. ROBERTS, DC Pensacola RODNEY BARRETO Miami SANDRA T. KAUPE Palm Beach KENNETH D. HADDAD. Execuuve IDarcctor VICTOR J. HELLER. Assistant Executive Director July 11, 2002 DAVID W. ARNOLD, CHIEF BUREAU OF PROTECTED SPECIES MANAGEMENT (850)922-4330 FAX (850}922-4338 Maura C. Kraus, Principal Environmental Specialist Collier County 3301 E. Tamiami Trail Naples, FL 34112 RECEIVED NATURAL RESOURCES ~EPARTNENT Marine Turtle Grant # 02-017, FWC Contract #02009 Dear Ms. Kraus: Enclosed are two copies of FWC contract # 02009, for Manne Turtle Grant # 02-017, Collier County Sea Turtle Protection Public Education Program. Please carefully review the contract document and all attachments for accuracy and to ensure that your pro. iect ss properly described. The documents should be signed by an authorized agent then returned to our office to be signed by Mr. Bradley Hartman, Director of the Office of Environmental Services. Please note that the grant period does not begin until Mr. Hartman has signed the contract document. No work should be initiated, or funds spent, until you have received the final contract document signed by the authorized agent for your organization and Mr. Hartman. Also, changes can be made to the contract or the attachments, including the schedule for submittal of deliverables, after Mr. Hartman has signed the document. To expedite initiation of your grant-funded project, we suggest that requests for changes be submitted after the contract document has been executed. If you have any questions or need to discuss changes to the contract document or the attachments, please contact me via e-mail at tim.woody(wt~'c.state, fi.us or call (850) 922-4330. Sincerely, Timothy Woody, Grant Specialist Bureau of Protected Species Management TSW ENV 7-3-2 2002 Grants Cover Letter.doc 620 South Meridian Street *Tallahassee · FL · 32399-1600 www.flondaconservat~on.org 2002 Marine Turtle Grant # 02-017 FWC Contract No. ~ &~"O"'~'~ FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION MARINE TURTLE GRANTS PROGRAM GRANT AGREEMENT I-HIS AC,R!.i.\tli~.I ts entered into between the FLORIDA FISH AND WILDLIFE CONSERVATION CONINII~q~I~ ~5.. Offic~ of Environmental Services, whose address is 620 South Meridian Street, Bryant Building, Box O[_.b-B?3. Iallahassee, Florida 32399-1600 (hereinafter referred to as the "COMMISSION") and the COLLIER CL)L'NYY BOARD OF COMMISSIONERS, whose address is 3301 E. Tamiami Trail, Naples, FL 34112 Ihere~nal'ter rctcrr~'d to as the "GRANTEE"). \Vt! ~ I~ [ .-kS. Sections 370.12 and 320.08058 (19), Florida Statutes, created a Marine Turtle Grants Program within ti~c (O\IS. IISSION to, in part, provide grants and technical assistance to coastal local governments, educational ~nst~tuttons. and Florida-based nonprofit organizations to conduct marine turtle research, conservation, and education act~',~t~es v, itnin the state; and \\'tfEREAS. the GRANTEE is a(n) coastal local government and qualifies to receive marine turtle grant funding ~ accordance with Section 370.12 (1) (h), Florida Statutes; and \VHEREAS. the project, Collier County Sea Turtle Protection Public Education Program, was reconm~ended tbr funding by the Marine Turtle Grants Committee at their March 1, 2002, meeting in Tallahassee in accordance ~th Section 370.12 (1) (h) Florida Statutes; and Wf-tEKEAS. Chapter 68E-2, Florida Administrative Code, contains roles for this grant program; and WHEREAS. the GRANTEE agrees to perform the services described herein, or hereinafter authorized upon the terms and condinons stated. NOW THEREFORE, in consideration of the mutual benefits to be derived herefrom, the COMMISSION and the GRANTEE do hereby agree as follows: DUTIES OF THE GRANTEE 1. The COMMISSION does hereby authorize the GRANTEE to perform the project, Collier County Sea Turtle Protection Public Education Program, as defined herein and the GRANTEE does hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. Any and all equipment, products, or materials necessary to perform this Agreement shall be supplied by the GRANTEE or its subcontractor, unless otherwise specified herein. 3. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of ali monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any subcontractor for any expenses or liabilities incurred under the subconn'act and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. ~d~NOA ITEM Page 1 of 7 SEP 1 0 2002 Marine Turtle Grant # 02-017 The GRANTEE shall include this entire Agreement, and all attachments, in all subcontracts issued as a result of this Agreement. All such subcontracts shall be in writing. TERM OF AGREEMENT This Agreement shall become effective July 1, 2002 or upon execution by both parties, whichever is later, and end on June 30, 2003 inclusive. The project, Collier County Sea Turtle Protection Public Education Program, described in Attachment A, and all associated exhibits must be completed by the expiration date of this Agreement. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date or after the completion date of this Agreement. COMPENSATION As consideration for the project, Collier County Sea Turtle Protection Public Education Program, as described in Attachment A (Scope of Services) and all associated exhibits, completed by the GRANTEE under the terms of this Agreement, the COMMISSION shall compensate the GRANTEE on a cost reimbursement basis an amount not to exceed $ 5,000.00. PAYMENTS 10. 11. 12. 13. The COMMISSION shall pay the GRANTEE for satisfactory performance upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Project Manager. Each invoice shall include the FWC Contract Number, the Marine Turtle Grant Number, and the GRANTEE's Federal Employer Identification (FEID) Number as indicated in Attachment B (Sample Invoice). The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereo£ Invoices shall be submitted as detailed in the Scope of Services (Attachment A). After completion of the project and submittal of all deliverables, the GRANTEE shall submit a final Invoice no later than June 30, 2003, or thirty days after the completion date of the grant, whichever comes first. An itemized listing by category of all expenditures claimed along with supporting documentation tbr each amount is required. All itemized paid invoices/receipts clearly reflecting date(s) of service and certification of payment by the GRANTEE under this Agreement, must be submitted in detail sufficient for a proper pre-audit and post-audit thereof, as required by the COMMISSION. The GRANTEE will provide all required closeout documentation to the COMMISSION's Project Manager within forty-five (45) days after the ending date of the Agreement. The GRANTEE's Project Manager shall certify, under penalties of perjury compliance with provisions of this Agreement, through the submission of a Certification of Completion Statement (Attachment C). Said Certification of Completion Statement shall be submitted with the cioseout documentation. No travel expenses are authorized under the terms of this Grant Agreement. The COMMISSION'S performance and obligation to pay under this Agreement, if the Agreement period extends into a new fiscal year, is contingent upon an annual appropriation by the Legislature and certification of the Marine Turtle Grant Program funds forwarded in the FCO Grants category. The COMMISSION reserves the right to retain a portion of the amount due on each invoice, not to exceed 10% of the amount of the invoice, subject to the GRANTEE's satisfactory completion of the grant project. The final invoice shall include a request for payment of the total amount withheld from prior invoices. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Corn >troller Contract Payment Requirements as shown in the Department of Banking and Finance, Bureau of Auc ',:i..g, '.'v:,"~'~r Processing Handbook, Chapter 4., C., I. (attached hereto and made a part hereof as Attachm :nt D).AO'E ~ ~'~ ~-IE~,.,~ SEP 1 0 2002 Page 2 of 7 ~ Marine Turtle Grant tt 02-017 14. Invoices, including backup documentation, shall be submitted to: Biological Administrator Florida Fish & Wildlife Conservation Commission Bureau of Protected Species Management 620 South Meridian Street Tallahassee, FL 32399-1600 TAXES 15. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on goods or services purchased under the terms of this Agreement. TERMINATION 16. This Agreement shall terminate immediately upon the COMMISSION giving writren notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 17. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least 30 days prior to the termination date specified in the notice. 18. The COMMISSION may terrmnate this Agreement at any time in the event of failure of the GRANTEE to fulfill any of its obligations under this Agreement. Prior to termination, the COMMISSION shall provide the GRANTEE written notification of any performance failures and the GRANTEE shall have ten (10) calendar days, from receipt of notification, to consult with the COMMISSION regarding the reason(s) for termination. If the parties cannot reach an agreement on the corrective measures to be taken and the schedule for corrective action, the COMMISSION may terminate this agreement by providing a minimum of fifteen (15) calendar days written notice to the GRANTEE. Said notice shall specify the effective time and date of termination. NOT1CE 19. Unless a notice of change of address is given, any and all notices shall be delivered to the Project Managers at the following addresses: GRANTEE Maura C. Kraus Collier County Natural Resource Department 3301 E. Tamiami Trail Naples, FL 34112 (941) 732-2505 (941) 774-8282 fax COMMISSION Robbin N. Trindell Fish and Wildlife Conservation Commission 620 South Meridian Street, Box OES-BPS Tallahassee, Florida 32399-1600 (850) 9224330 (850) 921-6988 fax MODIFICATION OR AMENDMENT 20. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 21. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g., specification, method of performanu requirements, etc.). All Modifications are subject to the mutual agreement of both parties as SEP 1 0 2002 Page 3 of 7 5 Marine Turtle Grant # 02-017 wxiting. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. Substantial changes to the deliverable type or schedule of deliverables shall require approval by the Marine Turtle Grants Committee. Formal amendments to this Agreement require a written request fi.om one of the Project Managers at least forty-five (45) days prior to the ending date of this Agreement. RELATIONSHIP OF THE PARTIES 22. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 23. The GRANTEE covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 24. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 25. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the GRANTEE's officers, employees, se~'ants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES 26. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to 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 GRANTEE in conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 27. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 28. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein Shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 29. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded fi.om participation in; be denied the proceeds or benefits of or be otherwise subjected to discrimin !tion ill performance of this Agreement. SEP 1 0 2002 Page 4 of 7 Marine Turtle Grant # 02-017 PROHIBITION OF DISCRIMINATORY VENDORS_ 30. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity: may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. PROHIBITION OF UNAUTHORIZED ALIENS 31. The employment of unauthorized aliens by any subcontractor/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the subcontractor/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall ensure that this limitation is provided in all subcontracts pertaining to work under this Agreement. NON-ASSIGNMENT 32. This Agreement is an exclusive Agreement for services and may not be assigned in whole or in part without the wrinen approval of the COMMISSION. REMEDIES 33. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 34. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 35. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 36. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 37. Effective July 1, 2000, the Florida Single Audit Act requires all non-State organizations who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients of federal financial assistance must ~ Jmvly~.lTF~ Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE sE fil be~qmred/~:~/~;~_ SEP 1 0 2002 Page 5 of 7 Marine Turtle Grant # 02-017 to comply with the audit requirements outlined in Attachment E, titled "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of this Agreement. 38. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. RIGHTS IN PROPERTY, COPYRIGHTS, AND INVENTIONS 39. The GRANTEE hereby grants the COMMISSION a non-exclusive, royalty-free right to reproduce, copy, distribute, and otherwise use as it may deem appropriate, all materials, including brochures, created under this Agreement. 40. The GRANTEE agrees to acknowledge the role of funding from the Marine Turtle Grants Program in any publicity related to this project, and to include the language and graphic contained in Attachment F on any and all publications, signage, or documents produced pursuant to this Agreement. PROPERTY/EQUIPMENT 41. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement. ENTIRE AGREEMENT 42. This Agreement represents the entire agreement of the parties..4.ny alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to wrtting, duly signed by each of the parties hereto, and attached to the orieinal of this Agreement, unless otherwise provided herein. ~ (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.) Page 6 of 7 SEP 1 0 2002 Marine Turtle Grant # 02-017 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed, the day and year last written below. COLLIER COUNTY FLORIDA FISH AND WILDLIFE BOARD OF COMMISSIONERS CONSERVATION COMMISSION By: Date: Chairman By: Director, Office of Environmental Services Date: 3301 E. Tamiami Trail Naples, FL 34112 59 - 6000558 (Federal Emphyer Identification Number) Approved as to form and legality: *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the GRANTEE must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Exhibit 1: Attachment F: Exhibit 2: Extfibit 3: Scope of Services Sample Invoice Certification of Completion Statement form Comptroller Contract Payment Requirements Requirements of the Federal and Florida Single Audit Acts State Resources Awarded to Recipient Language Acknowledging Funding from the Marine Turtle Grants Program Quarterly Report Form Final Report Cover Sheet ITEM SEP 1 0 2002 Page 7 of 7 Pg. ~ FWC Contract # SCOPE OF SERVICES ATTACHMENT A Marine Tm'tie Grant #02-017 COLLIER COUNTY SEA TURTLE PROTECTION - PUBLIC EDUCATION PROGRAM CONSERVATION BENEFITS FOR MARINE TURTLES: By educating the local community of sea turtle issues we can reduce the negative, human-related impacts on these species. Providing educational materials to the public will inform them on ways they can promote the recovery of marine turtle populations. MEASURABLE OBJECTIVES: The objective of this program is to distribute several public awareness/educational materials to inform/remind not only the local community but also those visitors who might have an impact on sea turtle conservation. Anticipated projects include: · Creation and distribution of 300 memo boards to be delivered to condominium complex managers. Creation and distribution of 500 postcards to be delivered to beachfront, single-home residences. · Creation and distribution of brochures to be passed out to beach goers, at presentations, and informal public forums. Creation and distribution of 5,000 bookmarks to be distributed to local bookstores, public libraries and school presentations. · Creation and distribution of 5,000 recycled pencils to be distributed at school presentations. · Creation and distribution of 1,000 magnets to be distributed at informal public forums. · Creation and distribution of 32,000 boules of water with "Lights Out for Sea Turtles" labels. PROJECT TASKS AND COST ESTIMATES (BY QUARTER): Task I - Generate, manufacture and distribute of brochures. A. Create proposed material & present the idea to FWC for review. ( lS' quarter) B. FWC to review & reply. C. Produce final draft of material after corrections have been made. D. Have brochures printed. (1 s~ quarter) E. Distribute brochures and make distribution locations available to FWC. (3~d & 4th quarters) F. Assess success of distribution by keeping tally of brochures and make tally available to FWC. Cost Estimate: $730 Task 2 - Generate, manufacture and distribute bookmarks. A. Create proposed material & present the idea to FWC for review. (1 st quarter) B. FWC to review & reply. C. Produce final draft of material after corrections have been made. D. Have bookmarks printed. (1 s~ quarter) E. Distribute bookmarks and make distribution locations available to FWC. (3~d & 4th quarters) F. Assess success of distribution by keeping tally of bookmarks and make tally available to FWC. Cost Estimate: $1,020 Task 3 - Generate, manufacture and distribute memo boards for beachfront condominiums. A. Create proposed material & present the idea to FWC for review. ( 1 a quarter) B. FWC to review & reply. C. Produce final draft of material after corrections have been made. Attachment A, Page 1 of 5 AGV,.NOA ITVO~ SEP 1 0 2002 ATTACHMENT A Marine Turtle Grant #02-017 D. Have memo boards printed. (lSt quarter) E. This year we plan to deliver our beach lighting packets door to door and we hope to have the memo boards available to condo owners so that they might post them in their common areas. ( 2"d quarter) F. We hope the memo boards will be helpful reminders and reduce our beach lighting issues. Our efforts will be shown in limiting beach lighting violations, which will be made available.to FWC. Cost Estimate: $500 Task 4 - Generate, manufacture and distribute postcards. A. Create proposed material & present the idea to FWC for review. (1 st quarter) B. FWC to review and reply. C. Produce final draft of material after corrections have been made. D. Have postcards printed. (1st quarter) E. Mail postcards preseason and midseason to single family residences along our patrolled beach area. (2"d quarter) F. We hope the postcards will be helpful reminders and reduce our beach lighting issues. Our efforts will be shown in limiting beach lighting violations, which will be made available to FWC. Cost Estimate: $600 Task 5 - Generate, manufacture and distribute magnets. A. Create proposed material & present the idea to FWC for review. (IS' quarter) B. FWC to review and reply. C. Produce final draft of material after corrections have been made. D. Have magnets printed. (lSt quarter) E. Distribute magnets at presentations, and or, any function/performance which we are in an educational forum to distribute such materials. (3rd & 4th quarters) F. Provide FWC of tally of magnets distributed to assess success. Cost Estimate: $600 Task 6 - Generate, manufacture and distribute pencils. A. Create proposed material 8: present the idea to FWC for review. (1 st quarter) B. FWC to review and reply. C. Produce final draft of material after corrections have been made. D. Have pencils printed. (1s' quarter) E. Distribute pencils at school presentations. (3rd & 4th quarters) F. Provide FWC of tally of pencils distributed to assess success. Cost Estimate: $1050 Task 7 - Generate, manufacture and distribution of water bottles. A. Work with Collier County Water Distribution Department to create the proposed material that will be representative of both departments. (1 ~t quarter) B. Produce final draft of material after corrections have been made. C. Have labels printed. (la quarter) D. Distribute water bottles. (3rd & 4t~ quarter) E. Program's year end report available to FWC for beach lighting violation tallies. Cost Estimate: $500 - the Water Distribution Department is paying for the bottles and bottling. Our department will only be paying for the printing of the labels. Attachment A, Page 2 of 5 SEP 1 0 2002 ATTACHMENT A Marine Turtle Grant #02-017 Deliverable Schedule Grant funds shall be used to design and produce the following items: brochures (2,000), bookmarks (5,000), memo boards (300), postcards (500), magnets (1,000), pencils (5,000), water bottles (32,000). Deliverables shall be subrmtted as available, although ideally the following schedule will be met: A. Proposed text and mock-up (1** Quarter) B. Final text and mock-up (prior to printing) (1st Quarter) C. List of proposed distribution sites (lSt Quarter) D. Invoices for production of educational materials (1 se or ad 2 Quarter) E. Summary of educational material distribution (3 & 4th Quarters) F. Five (5) copies of all educational materials (4a' Quarter) PROJECT TIMETABLE: 'Item Task Descr/ption # Month -Brochures 1 1 1 2 [ 3 4 5 [ 6 1 7 ] 8 i~ 11 12 ...... Dis~ibution ! ~ ~ ~ ~ ~ ~ ~ ..... ~ ~ "Dis~bution ~~ ~ ~~ ~ mrintin~ ~ ~~~~ Dis~bution Postcards 4 ~ ~ ~ ~ ~ nesi " Dis~bution ..... ~~ -~ ~ ~~ MaRnets ~ ~ ~ ~ ~ Dis~bution ~ ~ ~ ~ ~ Pencils 6 Design ..... T' ..... Water Bottles 7 Design ~ ~ _~~ ~ Print~g ~~ ~ ' ~A I~ SEP 1 O 2002 A~ac~em A, Page 3 of 5 ATTACHMENT A Marine Turtle Grant #02-017 Educational Materials Title: Collier County Sea Turtle Protection - Public Education Program Educational Materials Topic: Beach lighting and basic "Sea Turtle Facts". Target Audience: The memo boards and postcards are targeted towards beachfront property owners. Brochures, magnets, bookmarks, and water bottles are intended for the general public. Lastly, the pencils are mainly geared towards school level children. Number of Educational Materials To Be Produced: All materials to be produced in the lust quarter. Brochures - 2,000 Bookmarks - 5,000 Memo Boards - 300 Postcards - 500 Magnets- 1,000 Pencils - 5,000 Water Bottles - 32,000 Brief Description of Proposed Educational Materials: The brochures to be produced this year will include information on all patrolled beaches from last season. They will include natural history facts and informational guidelines for the public to contribute to the conservation of the species. We would like to incorporate more color and pictures into this year's brochure to make them more appealing. The bookmarks will be made of recycled paper and laminated. The bookmarks will include basic "Sea Turtle Facts" which deal with beach lighting, predators, and natural history information. They will include pictures of sea turtles and hopefully be in more than one color to increase interest. The memo boards will have a seascape/sea turtle background and lettering on the front which reminds residence of the" Lights Out After 9:00 P.M. for Sea Turtle Season" and the dates of nesting and hatching activities. The postcards are going to be routine postcard on one side and static vinyl on the other with peal outs that are able to go on residence windows. The magnets will be the popular frame magnets with sea turtle facts and pictures. The pencils are going to be made out of recycled materials. They will have "Save the Sea Turtles" printed on the side with a sea turtle logo. The water bottle labels will have our "Lights Out For Sea Turtles - Maylst-October31 st" logo. Proposed Distribution/Posting Method: Last year the Collier County Sea Turtle Program staffspoke with 3,596 beach goers. Staff hands out brochures while patrolling, at presentations, to beach residences, and at public appearances. The bookmarks will be distributed to local bookstores (i.e. Barnes & Noble and Books-A- Million), public libraries, and school presentations. The memo boards will be distributed to all condominium complexes along our patrolled beaches by a hand delivery that the sea turtle program staff will facilitate. The postcards are going to be sent out in a pre-season and a mid-season delivery to single family residences. The magnets and pencils we would like to make available and distribute at our public presentations and informative quorums/appearances. With a joint effort of the Collier County Water Distribution Department and Collier County Sea Turtle Program we hope to be able to distribute 32,000 water bottles at our annual "Meet Your Local Government Day" at Coastland Center as well as any other public appearances that both departments make. Brief Summary of Proposed Educational Program: The educational materials proposed will augment our conservational efforts by providing useful educational materials that are seen frequently enough by the public to encourage the actual performance/compliance of the message that we are trying to convey. Project Summary: The Collier County Sea Turtle Protection Program is looking to enhance public knowledge of its' program. The goal of the program is to augment the local communities awareness of sea turtle issues. Through the creation of distributable, educational items, the objective is a more informed public. An educated public will hopefully bring about less lighting and human disturbance problems that plague the "Threatened" loggerhead sea turtle (Caretta carena). SE? t 0 2002 AnachmentA, Page 4 of 5 Pg' ]--~ ATTACHMENT A Marine Turtle Grant #02-017 REPORTS, INVOICES AND PAYMENT SCHEDULE The Grantee shall submit quarterly progress reports (Exhibit 2) and invoices for payment (Attachment B) as outlined below. These reports should describe work performed, problems encountered, planned solutions if needed, work pending, and work still to be done. A final comprehensive report shall be submitted to the Commission (Exhibit 3). The FWC shall have fifteen (15) days for review and acceptance of all invoices, deliverables, and quarterly reports. Upon review of each of the reports, FWC reserves the right to request reasonable revisions and/or additions to ensure completeness, accuracy and appropriate scope. Item Due Date Payment Quarterly Report and Invoice September 15, 2002 $4,500* Quarterly Report and Invoice December 15, 2002 · (~)xmrterly Report March 15, 2003 · Final Report and Invoice June 15, 2003 $500 ~Depending upon submittal of invoices with paid receipts Attachment A, Page 5 of 5 AGENDA ITEM SEP O 2002 FWC Contract # ATTACHMENT B Marine Turtle Grant # 02-017 INVOICE Collier County Natural Resources Department 3301 E. Tamiami Trail Naples, FL 34112 Phone: (941) 732-2505 Fax: (941) 774-8282 FEll) # 59-6000558 Invoice Date: TO: Florida Fish and Wildlife Conservation Commission Office of Environmental Services Bureau of Protected Species Management 620 South Meridian Street, OES-BPS Tallahassee, FL 32399-1600 Invoice # FVVC Contract # Marine Turtle Grant # 02-017 Activity Dates: Items: Amount TOTAL $ For FWC Use Only tContract # Amount: Organization Code I EO Object IDescription: Invoice Received By: Serv/Msde Rec'd By: Serv/Msde Inspected and Approved By: Dates Attachment B, Page I of 1 ~?,f./~ A lIFO SEP 1 0 2002 FWC Contract # ATTACHMENT E Marine Turtle Grant # 02-017 REQUIREMENTS OF THE STATE AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. Monitorin~ In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as del'reed in OMB Circular A- 133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable roles of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance_exoended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state fir Incial ~l:rt~ received from the Commission other state agencies, and other non-state entities. State financial as istanf~.d~oes not SEP; 0 Attachment E, Page 1 of 3 ATTACHMENT E Marine Turtle Grant tl 02-017 include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non- state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS There are no other audit requirements. PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at each of the following addresses: Project Manager Florida Fish and Wildlife Conservation Commission Bureau of Protected Species Management 620 South Meridian Street, OES-BPS Tallahassee, FL 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Commissi~ n fnr the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the requir~ Attachment E, Page 2 of 3 SEP I0 2002 ATTACHMENT E Marine Turtle Grant # 02-017 notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Project Manager Florida Fish and Wildlife Conservation Commission Bureau of Protected Species Management 620 South Meridian Street, OES-BPS Tallahassee, FL 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: The Commission at each of the following addresses: Project Manager Florida Fish and Wildlife Conservation Commission Bureau of Protected Species Management 620 South Meridian Street, OES-BPS Iallahassee, FL 32399-1600 Audit Director Florida Fish and Wildlife Conservation comrmssion Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be subrmtted to the Comrmssion pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure thal papers are made available to the Commission or its designee, Comptroller, or Auditor General up¢ period of five years from the date the audit report is issued, unless extended in writing by the Commi~ Attachment E, Page 3 of 3 ~n requ~W:t~ ITEM Dion. ~o.~ SEP 0 2002 FWC Contract # EXHIBIT 1 Marine Turtle Grant # 02-017 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97~ FLORIDA STATUTES: State Agency: State Program: CSFA No.: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Marine Turtle Grant Program 77.014 COLLIER COUNTY BOARD OF COMMISSIONERS $5,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SPECIFIED IN THE GRANT AGREEMENT AND IN RULE 68E-2, FLORIDA ADMINISTRATIVE CODE. Exhibit 1, Page I of I 2002 FWC Contract # ATTCHMENT C Marine Turtle Grant # 02-017 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION CERTIFICATES OF GRANT AGREEMENT COMPLETION Project: COLLIER COUNTY SEA TURTLE PROTECTION PUBLIC EDUCATION PROGRAM Grantee: COLLIER COUNTY BOARD OF COMMISSIONERS FEID #: 59-6000558 Project Date: GRANTEE'S AFFIDAVIT Total Amount $ I solemnly swear (or afl.m): That the work under the above-named contract and all amendments thereto have been satisfactorily completed; that ali amounts payable for materials, labor and other charges against project have been paid; that no liens have been attached against the project; that no suits are pending by reason of work on the project under the contract; that all W ' ' orkers Compensauon claims are covered by Workers' Compensation Insurance as required by law; and that all public liability claims are covered liability claims are covered by insurance. GRANTEE (Seal) By: Name: Title: Date: STATE OF ) COUNTY OF ) Personally appeared before me this day of the ,20 , . known (or made known) to me to be of (give title) subscribed and swore to the above instrument in my presence. , who Personally Known ~ Or Produced Identification Type of Identification Produced Notary Public Type Name: My commission expires: CERTIFICATE BY INSTITUTION OR AGENCY I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the contract; and that the project is satisfactory. Division: By: Name: Title: Date: Attachment C, Page 1 of I SEP 1 0 2002 FWC Contract # ATTACHMENT D Marine Turtle Grant # 02-017 Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: (2) Fringe Benefits: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terrmnated. Documentation must be provided to show compliance with Department of Management Setwices Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as de£med in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. com~eq 22a/rev 12:00 Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. Attachment D, Page I of 1 ITEM SEP 1 0 2002 FWC Contract # ATTACHMENT F Marine Turtle Grant # 02-017 LANGUAGE ACKNOWLEDGING FUNDING FROM THE MARINE TURTLE GRANTS PROGRAM This (report/display/sign/brochure) was developed with funds from the Florida Fish and Wildlife Conservation Commission, Marine Turtle Grants Program. The Marine Turtle Grants Program is based on proceeds from the sale of Sea Turtle License Plates. Attachment F, Page I of I SEP 1 0 2002 j J FWC Contract # Marine Turtle Grant # 02-017 QUARTERLY REPORT EXHIBIT 2 Marine Turtle Grant # 02-017 FWC Contract # Project Title: COLLIER COUNTY SEA TURTLE PROTECTION PUBLIC EDUCATION PROGRAM Project Manager: Maura C. Kraus Quarter: Date: Tasks Completed During Quarter: Task # Activity Date List O! oenverames ,rovmea: Task # Del. # Activity/Item Date Tasks not completed during assigned quarter: Task # Activity Please explain reason(s) tasks were not completed during the assigned quarter: Comments: Exhibit 2, Page 1 of 1 SEP 1 0 2002 FWC Contract # EXHIBIT 3 Marine Turtle Grant # 02-013 MARINE TURTLE GRANTS PROGRAM FINAL REPORT COVER SHEET FWC Contract # Marine Turtle Grant # 02-017 Project Title: COLLIER COUNTY SEA TURTLE PROTECTION PUBLIC EDUCATION PROGRAM Project Manager: Maura C. Kraus Address: Collier County Board of Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Telephone: (941) 732-2505 Ernail: mau ra kra u s(,;t, col I ie rgov. net Proposed Initiation Date: Project Completion Date: TASK COMPLETION SUMMARY: Signature: Date: SEP Exhibit 3, Page lofl EXECUTIVE SUblMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Lien Case No. Owner of Record Case Summary Amount a. Violation determined 10/25/00 b.Notice of Violation served 10/30/00 2000101027 Boehling, Helen M. c.Notice of Violation Posted 12/14/00 $1,800.00 d. Unabated nuisance verified 12/14/00 e. Nuisance abated with public funds 03/08/01 f. Owner invoiced for costs 03/20/01 a. Violation determined 04/29/02 b.Notice of Violation served n/a 2002041005 Dominguez, Julio c.Notice of Violation Posted 04/29/02 $255.00 d.Unabated nuisance verified 05/10/02 e.Nuisance abated with public funds 05/17/02 f. Owner invoiced for costs 06/08/02 a. Violation determined 03/15/02 b.Notice of Violation served 03/25/02 2002030594 Escobar, Braulio & Adiela c.Notice of Violation Posted 04/17/02 $1,050.00 d.Unabated nuisance verified 05/01/02 e.Nuisance abated with public funds 05/16/02 f. Owner invoiced for costs 06/06/02 SEP 1 ~ 2002 pg. I a. Violation determined 03/14/02 b. Notice of Violation served undeliverable 2002030591 Benjamson, Lillian E. c.Notice of Violation Posted 04/25/02 $450.00 al. Unabated nuisance verified 05/16/02 e.Nuisance abated with public funds 05/31/02 f. Owner invoiced for costs 06/03/02 a. Violation determined 05/10/02 b.Notice of Violation served 05/22/02 2002050518 Kaye, Stuart O. c.Notice of Violation Posted n/a $255.00 d.Unabated nuisance verified 06/03/02 e.Nuisance abated with public funds 06/05/02 f. Owner invoiced for costs 06/13/02 a. Violation determined 03/25/02 b. Notice of Violation served unclaimed 2002030989 Tomany, Michael c.Notice of Violation Posted 04/18/02 $1,950.00 d.Unabated nuisance verified 04/30/02 e.Nuisance abated with public funds 05/31/02 f. Owner invoiced for costs 06/04/02 a. Violation determined 03/27/02 b.Notice of Violation served 04/12/02 2002031065 I1 Dollaro S.R.L. c.Notice of Violation Posted 04/18/02 $255.00 d.Unabated nuisance verified 05/02/02 e.Nuisance abated with public funds 05/06/02 f. Owner invoiced for costs 05/28/02 a. Violation determined 03/27/02 b.Notice of Violation served 03/29/02 2002031066 II Dollaro S.R.L. c.Notice of Violation Posted 04/18/02 $255.00 d. Unabated nuisance verified 05/02/02 e. Nuisance abated with public funds 05/06/02 f. Owner invoiced for costs 05/28/02 a. Violation determined 03/27/02 b.Notice of Violation served 03/29/02 2002031077 I1 Dollaro S.R.L. c.Notice of Violation Posted 04/18/02 $255.00 d.Unabated nuisance verified 05/02/02 e. Nuisance abated with public funds 05/06/02 f. Owner invoiced for costs 05/28/02 to pay the amounts specified in the respective Resolutions within twenty hereof, the Clerk to the Board will record the Resolutions in the official rec County. Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail (20) days )rds ~-,tt~ ^ SEP 1 0 2002 FISCAL IMPACT: A total reimbursement of $6,525.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $112.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: Resolutions. PREPARED BY: That the Board of County Commissioners adopt the attached Iliana Martinez, Customer Service Specialist Code Enforcement REVIEWED BY: DATE: _ 30- Jan~/t Powers, Operations Manager Code Enforcement SLTBMITTED BY: DATE: Code Enforcement APPROVED BY: DATE: Jgsej]h K. Schn~ltt?'Adminis't'rator C[,~[fimunity Development & Environmental Services DATE: A~A i'rEl~ SEP 1 0 20 2 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BOEHLING HELEN M DATE: % GEORGE A BOEHLING, ESQ 550 FRONT STREET HEMPSTEAD, NY 11550 REF. INV.# 1796 FOLIO #: 7576192001 LIEN NUMBER: LEGAL DESCRIPTION: Lot No. 54, SUNSET HOMES, a subdivision according to the plat thereof in plat book 4, page 21, public records of Collier County, Ftorida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 54 and constituted a violation of county regulations on December 14, 2000, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: EXOTICS: ACCUMULATION OF PROHIBITED SPECIES ON U~IMPROVED LAND LOCATED WITHIN 200' OF IMPROVED, SUBDIVIDED PROPERTY You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE-THOUSAND SIX HUNDRED ($1,600.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of ONE- THOUSAND EIGHT-HUNDRED ($1,800.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL AGF. N~A ITEM SEP 1 0 2002 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reporled to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of txvelve percent (12%) per annum. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COL.m,'TY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that lot(s) 54 of the properly described as follo,.vs, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the follox~ing costs of such abatement, to x~it: NAME: BOEIILING IIELEN 5I. LEGAl, DESCRIPTION: Lot No. 54, SUNSET HOMES, a subdivision according to the plat thereof in plat book 4, page 21, public records of Collier County, Florida. COST: $1,800.00 REFERENCE//: 1796 FOI.IO #: 7576192001 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to tile owner(s) of the aboxe-descnbed properly. If within menty (20) days of tile date of mailing that copy, the ox~ner fails to delixer pa) ment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collies' County. and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by' the noted property or. net(s) in Collier Count)'. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County. Florida, this __ day of 2002. AWFEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COM*IISSIONq~RS COLLIER COUNTY. FLORIDA BY: BY: Deputy Clerk .lames N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer. Assistant County Attorney F: LIEN/MSTR RESOLUTION SEP 1 0 20 2 5 6 7 9 10 II 12 13 14 15 16 17 18 19 20 21 23 25 26 27 2S 29 3O 3t 36 37 3g 39 40 41 43 46 49 50 51 52 53 56 57 58 59 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel', and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 54 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: .NAME: BOEItLING ltELEN M. LEGAl. DESCRIPTION Lot No. 54, SUNSET ItOMES, a subdivision according to the plat thereof iu plat book 4, page 21, public records of Collier Count.,,', Florida COST: $1,800.00 REFERENCE#: 1796 FOLIO #: 7576192001 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within t~venty (20) davs of the date of mailing that cop.',', the ox~ net' fails to deliver pa5 ment in full to Collier County. the Re'solution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property o~ned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of Count)' Commissioners of Collier County, Florida, this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION AGENDA ITEM SEP I 0 20O2 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DOMINGUEZ, JULIO DATE: 74 ASHLEY ST BRIDGEPORT, CT 66101617 REF. INV.# 2144 FOLIO #: 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 8, and constituted a violation of county regulations on May 10, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCU31ULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY~FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL AGE. NOA ITEM SEP 1 0 2092 pg. ~"7 RESOLUTION NO. 2002-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-5 l, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of tweh'e percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) $ of the property described as follows, having been abated of a public mlisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the folloxx ing costs of such abatement, to wit: NAME: DOMINGUEZ, JULIO LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plal Book 5, Page 122 of the Public Records of Collier County, Florida. .COST: $255.00 REFERENCE#: 2144 FOLIO #: 36247840000 The Clerk shall (by regular U.S. mail) mail a cop)' of this Resolution along ~ith the Notice of Assessment of Lien to the owner(s) of the above-described prol~el'tY. If within tx~ enty (20) days of the date of mailing that cop)', the ox~ net fails to deliver pa)ment in full to Collier County. the Re'solution and Notice of Assessment shall be recorded in the official records of Collier County. and by recording shall constitute a lien against the above-described real properL'.', and to the extent allov,'ed b)' law, shall also be a lien upon all other real and/or personal properly ox~ ned by the noted propelly owner(s) in Collier Cotmty. This Resolution passed and duly adopted by the Board of Count)' Commissioners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, Clerk BY: ,, day of Deputy Clerk ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant Count5' Attorney F: LIEN/MSTR RESOLUTION AGENDA I,~ SEP 1 0 2002 I 2 5 6 7 8 9 1o II 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6o 6t RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than meat.', (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on thc date this Resolution is recorded at the rate of txvelve percent (12,%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that lot(s) 8 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the o~vner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DOMINGUEZ, JULIO LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier Count)', Florida. COST: $255.00 REFERENCE//: 2144 FOLIO #: 36247840000 The Clerk shall (by regular U.S. mail) mail a cop>' of this Resolution along with the Notice of Assessment of kien to tile owner(s) of the above-described property. It' x~ithin meaty (20) days of the date of mailing that cop.',', the o~ ncr l'ails to deliver payment m full to Collier County, tile R~solution and Notice of Assessment shall be recorded in tile official records of' Collier Count.\'. and by recording shall constitute a lien against the above-described real p|'opetty, and to thc extent allowed by law. shall also be a lien upon all other real ancffor personal pl'openy oxvned by the noted prope,'ty owner(s) in Collier County. This Resolution passed and duls' adopted by the Board of County Commissioners of Collier County, Florida, this . day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: "-'%L. Thomas C. Palmer, Assistant Count)' Attorney F: LIEN/MSTR RESOLUTION BY: James N. Coletta, Chairman AGENOA ITeM SEP I 0 2002 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ESCOBAR, BRAULIO & ADIELA DATE: 133 WADING BIRD CIR APT 102E NAPLES, FL 34110 REF. INV.# 2143 FOLIO #: 32383000960 LIEN NUMBER: LEGAL DESCRIPTION: Lot 33, FALCON RIDGE, according to plat thereof recorded in Plat Book 24, Pages 58 and 59, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 33, and constituted a violation of county regulations on May 1, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DU3IPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of EIGHT-HUNDRED FIFTY ($850.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of ONE-THOUSAND FIFTY ($1,050.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MS'IR I..NAL AGENO^ ITEM SEP 1 0 2002 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-5 I, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION'ERS OF COLLIER COUNTY, FLORIDA. that lot(s) 33 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ESCOBAR, BRAULIO & ADIELA LEGAL DESCRIPTION: Lot 33, FALCON RIDGE, according to plat thereof recorded in Plat Book 24, Pages 58 and 59, Public Records of Collier County, Florida. COST: $1,050.00 REFERENCE#: 2143 FOLIO #: 32383000960 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the or, net(s) of the above-described property. If within twenty (20) days of the date of mailing that copy. the oxx ncr fails to deliver pa.~ ment in full to Collier County, the Re'solution and Notice of Assessment shall be recorded in the official records of Collicr Counts', and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property ox~ned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this . day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Coletta, Chairman Approved as to form and legal sufficiency:~:~ Thomas C~. Palm'r, A~sistant County Attorney F: LIEN/MSTR RESOLUTION SEP 10 2OO2 I 5 6 7 $ 9 10 ti 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 2'/ 28 29 3O 31 32 33 34 35 36 37 39 .10 41 42 43 ,15 46 4'/ 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSIvIENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-5 l, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL~TY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that lot(s) 33 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ESCOBAR, BRAULIO & ADIELA LEGAL DESCRIPTION: Lot 33, FALCON RIDGE, according to plat thereof recorded in Plat Book 24, Pages 58 and 59, Public Records of Collier Count.',', Florida. .COST: $1,050.00 REFERENCE#: 2143 .FOLIO #: 32383000960 The Clerk shall (by regular U.S. mail) mail a cop.',' of this Resolution along x~ith the Notice of Assessment of Lien to the oxvncr(s) of the above-described property. If within txxenty (20) days of the date of mailing that cop5', the oxvner fails to deliver payment in full to Collier County, the Re'solution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property o~ ned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C.Palmer, Assistant County Attorney LIEN/MSTR RESOLUTION BY: James N. Coletta, Chairman SEP 1 0 2O02 12. P~._ -- BOARD OF COUNTY COIWMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BENJA*ISON, MARTIN I. & LILLIAN E. DATE: 6300 YORK AVE S APT #208 EDINA, ~EN 55435 REF. INV.# 2145 FOLIO #: 36385240009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13 Block 224 Unit 6 Part 1 GOLDEN GATE according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as rccorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 13 and constituted a violation of county regulations on May 16, 2002, and ordered the abatement of a certain nuisance existing on thc above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon yoia. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABAN~DO,¥ED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO.HUNDRED FIFTY ($250.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR-HUNDRED FIFTY ($450.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL L A C.~.ND A ITE. M SEP 1 0 2002 RESOLUTION NO. 2002- .. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shah be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against ,.vhich made until paid; and WHEREAS, the assessment shall become due and payable no later than t,.venty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of t~elve percent (12,Q) per annum. NO\\', THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that lot(s) 13 of the properly described as follows, having been aba/cd of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the follov,'ing costs of such abatement, to wit: NAME: BENJAMSON, LILLIAN E. LEGAl. DESCRIPTION: Lot 13 Block 224 Unit 6 Part I GOLDEN GATE, according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier Count)', Florida. .COST: $450.00 REFERENCE#: 2145 FOLIO #: 36385240009 The Clerk shall lb)' regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment oi" Lien to the owner(s) of the above-described property. If x~ ithin menty (20) days of the date of mailing that cop)', the owner fails to deliver pa)men/in full to Collier County, the Re'scdution and Notice of Assessment shall be recorded in the official records of Collier County. and by recording shall constitute a lien against the above-described real property, and to the extent ailowed by law, shall also be a lien upon all other real and/or person:il properly o~vned b) the no~ed property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of Count)' Colnmissioners of Collier County, Florida, this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Cole/Ia, Chairman Approved as to form and legal sufficiency: Thomas C~. Palme~r, ?17k¢ l{y~t'''~'~ Assistant Count>' Attorney LIEN/MSTR RESOLUTION SEP I 0 2002 ! 2 3 4 5 6 7 8 9 tO 11 12 13 14 15 16 17 18 19 20 21 :22 23 24 25 26 27 29 3o 31 32 33 34 35 36 37 38 39 -to 41 42 45 46 47 48 49 5o 51 52 53 54 55 56 57 58 59 6o 61 62 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMIvlISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Count)', shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of Count), Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION'ERS OF COLLIER COUNTY, FLORIDA, that lot(s) 13 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the o~vner(s) of said property, is hereby assessed the following costs of such abatement, to ,,,,'it: NAME: BENJAMSON, LILLIAN E. LEGAL DESCRIPTION: Lot 13 Block 224 Unit 6 Part 1 GOLDEN GATE, according to plat Ihereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County, Florida. COST: $450.00 REFERENCE#: 2145 FOLIO #: 36385240009 The Clerk shall (by regular U.S. mail) mail a cop)' of this Resolution along x~ith the Notice of Assessment of Lien to the owner(s) of the above-described property. If x~ ithin twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier Count.',', tile Resolution and Notice of Assessment shall be recorded in the official records of Collier Count.',', and by recording shall constitute a lien against the above-described real property, and to tile extent allowed by taw, shall also be a lien upon all other real and/or personal propes'ty owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of Count)' Commissioners of Collier County, Florida, this ~ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney LIEN/MSTR RESOLUTION AC.,ENOA ITEN! SEP 1 O 20 2 _ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN KAYE TR, STUART O. DATE: 16990 TAMIAMI TR. N. NAPLES, FL 34110 REF. INV.# 2151 FOLIO #: 36114520000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 26, Block 122, GOLDEN GATE, Unit 4, Plat Book 5, pages 107- 114. Inclusive of the Public Records of Collier County, Florida. You. as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 26 and constituted a violation of county regulations on June 03, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCLrMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL AGF..N~A ITEM SEP 1 0 20O2 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AI~IENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of Count>' Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of txvelve percent (12~) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 26 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: STUART O. KAYE LEGAl. DESCRIPTION: Lot 26, Block 122, GOLDEN GATE, Unit 4, Plat Book 5, pages 107- 114. Inclusive of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2151 FOLIO #: 36114520000 The Clerk shall (by regular U.S. mail) mail a cop>' of this Resolution along xxith the Notice of Assessment of Lien to the owner(s) of the above-described property. If within tx~ ent.',' t. 20) days of the date or' mailing that cop>', the ox~ net fails to deliver payment in full to Collier Count.','. the Re'solution and Notice of Assessment shall be recorded in the official records of Collier County. and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of Count>' Commissioners of Collier County, Florida, this __ da), of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Coletta. Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION SEP 1 O 2002 5 6 7 $ 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 2.1 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5t 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of tweh'e percent (I 2%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 26 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: STUART O. KAYE LEGAL DESCRIPTION: Lot 26, Block 122, GOLDEN GATE, Unit 4, Plat Book 5, pages 107- 114. Inclusive of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2151 FOLIO #: 36114520000 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along x~ith the Notice of Assessment of Lien to the ox~ner(s) of the above-dcscribed property. If xx ithin mcnty (20) days of the date of mailing that cop5', the owner fails to deliver payment in full to Collier County, the Re'sob,itoh and Notice of Assessment shall be recorded in the official records of Collier County. and by recording sh:tll constitute a lien against the above-described real propecty, and to the extent allowed by law, shall also be a lien upon all other real and/or personal properly oxvned by the noted prope,'ty owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County. Florida, this ~ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSION'ERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney AC~NOA ITEM SEP 1 0 20(}2 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN IL DOLLARO S.R.L., an Italian corporation DATE: Via melchiorre Gioia #11 44100 Ferrara Italy REF. INV.# 2131 FOLIO # 61381280009 LIEN NUMBER: LEGAL DESCRIPTION: Lots 48 and 49, Naples Bayview Addition NO. 1, according to the plat in plat book 4, page 20, public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 49 and constituted a violation of county regulations on May 2, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FII~Y-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. F: LIENS/MSTR L.NAL AC~NO^ ITF_J~ SEP 1 0 20(}2 _ RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF Tt-[E ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than txventy (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance be~ginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU,'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 49 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the folloxving costs of such abatement, to wit: NAME: IL DOLLARO S.R.L., an Italian corporation LEGAI, DESCRIPTION: Lots 48 and 49, Naples Bayview Addition NO. 1, according to the plat in plat book 4, page 20, public records of Collier County, Florida. COST:. $255.00 REFERENCE#: 2131 FOLIO #: 61381280009 The Clerk shall (by regular U.S. mail) mail a cop.,,' of this Resolution along with the Notice of Assessment of Lien to the oxvner(s) of the aboxe-described property. If within tv, cnty (20) days of the date of mailing that cop.,,', the ox~ner fails to deli,er payment in full to Collier Count.',', the Re'solution and Notice of Assessment shall be recorded in the official records of Collier Count)', and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law. shall also be a lien upon :ill other real and/or personal property ox, ned by the noted property ov,.ner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County. Florida, this ~ day of .., 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas Cit. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION AGENOA ITEM SEP 1 0 2002 I 2 3 4 5 6 7 8 9 1o Il 12 13 14 15 16 t7 i$ 19 20 21 22 23 24 25 26 27 2S 29 30 31 32 33 34 35 36 37 3s 39 4o ,:2 43 44 45 46 47 ,:8 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATENfENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than txventy (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COU,~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 49 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: IL DOLLARO S.R.L., an Italian corporation LEGAl. DESCRIPTION: Lots 48 and 49, Naples Bayview Addition NO. 1, according to the plat in plat book 4, page 20, public records of Collier County, Florida. COST: $255.00 REFERENCE#: 2131 FOl.lO #: 61381280009 The Clerk shall (by regular U.S. mail) mail a cop.,,, of this Resolution along x~ith the Notice of Assessment of Lien to the oxvner(s) of the above-described property. If xvitbin twenty (20) days of the date of mailing that copy. the ox~ ner fails to deliver payment in full to Collier County. the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent ailowed by law, shall also be a lien upon all other real and/or personal property ox~ned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County. Florida, this __ day of ,2002. ATFEST: 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 SEP 1 0 L 02 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN TOMANY, MICHAEL DATE: 1645 MULLET CT. NAPLES, FL 34102 REF. INV.# 2147 FOLIO #: 48782320002 LIEN NUMBER: LEGAL DESCRIPTION: Lot(s) 63 and 64 of Hallendale, a subdivision according to Plat Book #4, at page 25, thereof, being of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 63 and constituted a violation of county regulations on April 30, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: EXOTICS: ACCU3, IULATION OF PROHIBITED SPECIES ON UNIMPROVED LAND LOCATED WITHIN 200' OF IMPROVED, SUBDIVIDED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE-THOUSAND SEVEN HUNDRED FIFTY ($1,750.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of ONE-THOUSAND NINE-HUNDRED FIFTY ($1,950.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL A~A ITEM SEP 1 0 27002 RESOLUTION NO. 2002-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47. AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12,~) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 63 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: TOMANY, MICHAEL LEGAL DESCRIPTION: Lot(s) 63 and 64 of Hallendale, a subdivision according to Plat Book #4, at page 25, thereof, being of the Public Records of Collier Count)', Florida. COST: $1,950.00 REFERENCE#: 2147 FOLIO #: 48782320002 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that cop5', the or. net fails to deliver payment in full to Collier Coumy, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent alloxvcd by law, shall also be a lien upon all other real and/or personal property o~ned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer. Assistant County Attorney F: LIEN/MSTR RESOLUTION AG~.NOA ~TE~ SEP 1 0 2092 i 3 4 $ 6 ? 9 IO 11 12 14 15 16 18 19 2o 21 22 23 24 26 27 29 32 37 39 4! 42 46 47 49 5o ~3 56 55 ~9 6o 61 62 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS. as provided in Ordinance No. 9%51, as successor to Ordinance No. 91-47, as amended, tile direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance be2innin2 on the date this Resolution is recorded at the rate of tv,'elve percent (12%) per annum. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 63 of the property described as follows, baying been abated of a public nuisance after due and proper notice thereof to the owner(s) of said propeFty, is hereby assessed the following costs of such abatement, to wit: NAME: TO.MANY, MICItAEL LEGAl. DESCRIPTION: Lot(s) 63 and 64 of llallendale, a subdivision according to Plat Book #4, at page 25, thereof, being of the Public Records of Collier County, Florida. .COST: $1,950.00 REFERENCE#: 2147 FOLIO #: 48782320002 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within txventy (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier Count.',', the Rdsolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted propeay owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2002. ATTEST: BOARD OF COU"NTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney SEP 1 0 2002 F: LIEN/blSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN IL DOLLARO S.R.L., an Italian corporation DATE: Via melchiorre Gioia #11 44100 Ferrara Italy REF. INV.# 2130 FOLIO # 61380720007 LIEN NUMBER: LEGAL DESCRIPTION: Lots 28 and 29, Naples Bayview Addition NO. 1, a subdivision according to the plat thereof, as recorded in Plat Book 4, Page 20, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 28 & 29 and constituted a violation of county regulations on May 2, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. F: LIENS/MS'IR LNAL SEP 1 0 20 2 RESOLUTION NO. 2002- _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than t~venty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that lot(s) 28 & 29 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: ~ASIE: IL DOLLARO S.R.L., an Italian corporation I.EGAL DESCRIPTION: Lots 28 ami 29, Naples Bayview Addition NO. I, a subdivision according to the plat thereof, as recorded in Plat Book 4, Page 20, of the public records of Collier Count)', Florida. COST: $255.00 REFERENCE#: 2130 .FOL10 #: 61380720007 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the oxvner(s) of thc above-described property. If within twenty (20) days of the date of mailing that copy, the oxvner fails to deliver payment in full to Collier Count.','. the Resolution and Notice of Assessment shall be recorded in the official records of Collier Count)'. and by recording shall constitute a lien against the above-described real pl-opei1y, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property o~ned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this .. day of ,2002. ATTEST: BOARD OF COUNTY COMMISSION?-.RS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Cole/Ia, Chairman Approved as to form and legal sufficiency: Thomas C. P~lr~er, ,~ssistar~t County Attorney SEP 1 0 2002 P~. 2(-..~ F: LIEN/MSTR RESOLUTION I 2 3 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 .13 44 45 .16 .47 48 49 50 51 52 53 54 55 56 57 58 59 61 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 9 !-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL.~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 28 & 29 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the oxvner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: IL DOLLARO S.R.L., an Italian corporation I.EGAL DESCRIPTION: Lots 28 and 29, Naples Bayvie~v Addition NO. 1, a subdivision according to the plat thereof, as recorded in Plat Book 4, Page 20, of the public records of Collier Count)', Florida. COST: $255.00 REFERENCE#: 2130 FOLIO #: 61380720007 The Clerk shall (by reguk, r U.S. mail) mail a cop3' of this Resolution along with the Notice of Assessment of Lien to the ov,'ner(s) of the above-described property. If x~ithin menty (20) days of the date of mailing that cop)', the ortner fails to deliver payment in full to Collier County. the Re'solution and Notice of Assessment shall be recorded in the official records of Collier County. and by recording shall constitute a lien against the above-described real property, and to thc extent allowed by law, shall also be a lien upon all other real and/or personal property oxvned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier Count>', Florida, this day of ,2002. ATTEST: D\VIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency: Thomas C.['~~ ~ Palmer. Assistant County Attorney F: LIEN/MSTR RESOLUTION SEP 1 0 2002 BOARD OF COUNTY COMMISSIoNERs THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN IL DOLLARO S.R.L., an Italian corporation DATE: Via melchiorre Gioia #11 44100 Ferrara Italy REF. INV.# 2129 FOLIO # 61381240007 LIEN NUMBER: LEGAL DESCRIPTION: Lots 48 and 49, Naples Bayview Addition NO. 1, according to the plat in plat book 4, page 20, public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 48 and constituted a violation of county regulations on May 2, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You have failed to timely abate such nuisance; whereupon, it was abated by 1be expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO.HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. F: LIENS/MS'IR I~NAL ITEM SEP 1 0 2002 RESOLUTION NO. 2002- . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of tweh'e percent (12%) per annum. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 48 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the o~vner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: IL DOLLARO S.R.L., an Italian corporation LEGAl. DESCRIPTION: Lots 48 and 49, Naples Bayview Addition NO. 1, according to the plat in plat book 4, page 20, public records of Collier County, Florida. COST: $255.00 REFERENCE#: 2129 FOLIO #: 61381240007 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the oxvner(s) of the above-described property. If within t,.xenty (20) days of the date of mailing that cop5', the owner fails to deliver payment in full to Collier County. the Resolution and Notice of Assessment shall be recorded in the official records of Collier Count.,,', and by recording shall constitute a lien against the above-described real p,'opert5', and to the extent allowed by law. shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2002. AT'I'EST: 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 Ct:. Palmer, Assis.'.ant County Attorney F: LIEN! MSTR RESOLUTION SEP 1 0 2002 t 2 3 5 6 7 $ 9 t0 ti 12 13 14 15 16 17 18 19 2o 21 29_. 23 25 26 27 28 29 30 31 32 33 3.~ 35 36 37 38 39 4o 41 42 43 44 45 46 47 48 50 51 52 53 54 55 56 57 58 59 6o RESOLUTION NO. 2002-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF L1EN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than txventy (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 48 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: IL DOLLARO S.R.L., an Italian corporation LEGAL DESCRIPTION: Lots 48 and 49, Naples Bayview Addition NO. 1, according to the plat in plat book 4, page 20, public records of Collier County, Florida. COST: $255.00 REFER_.~ENCE#: 2129 FOLIO #: 61381240007 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the oxvner fails to deliver payment in full to Collier County. the Re'solution and Notice of Assessment shall be recorded in lhe official records of Collier County. and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property o~ned by the notcd property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County. Florida, this ~ day of .., 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Coletta, Chairman Approved as to form and legal sufficiency: Assistant County Attorney AGE/~A ITEM SEP 1 0 Z002 F: LIEN/MSTR RESOLUTION Sheet 1 of 2 AVESMT2002-AR2930 EXECUTIVE SUMMARY PETITION AVESMT2002-AR2930 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENTS AND RECORDED IN OFFICIAL RECORD BOOK 2270, PAGES 1839 THROUGH 1840, AND OFFICIAL RECORD BOOK 1335, PAGES 62 THROUGH 65, PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA. LOCATED IN SECTION 6, TOWNSHIP 52 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the Utility Easement conveyed to Collier County by separate instruments and recorded in Official Record Book 2270, Pages 1839 through 1840 and Official Record Book 1335, Pages 62 through 65. CONSIDERATIONS: Petition AVESMT2002-AR2930 has been received by the Engineering Services Department from George Hermanson, P.E. from Hole Montes, Inc., as agent for the petitioner, Twin Dolphins Equity Partners, Ltd., requesting the vacation of a portion of the Utility Easement that was conveyed to Collier County by separate instruments. A small portion of the condominium building was constructed over the Utility Easement and the petitioner xvants to vacate that portion so that there will not be any title concerns. Letters of no objection have been received from Collier County Public Utilities, Sprint and Comcast. Termination and Release of Easement has been received from FPL and Marco Island Cable. Zoning is RMF-12. This Executive Summary was approved by Greg Garcia in Transportation on 8-14-02 and by Jacquelyn Johnson in Public Utilities on 8-07-02. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None SEP I 0 2002 Sheet 2 of 2 AVESMT2002-AR2930 PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2002-AR2930 for the vacation of a portion of the Utility Easement conveyed by separate instruments; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: ~', Rick Grigg, P.S.M. Engineering Services DATE: REVIEWED By: /~'/q~,,~'~ ~. ~/~ Thomas E. Kuck, P.E. Engineering Services Director DATE: APPROVED Jo/el:/h K. Schm¢{, Xdministraior C~ff/munity Development & Environmental Services DATE: SEP 1 0 20112 'i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. 2002- RESOLL~rION FOR PETITION AVESMT2002-AR2930 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENTS AND RECORDED IN OFFICIAL RECORD BOOK 2270, PAGES 1839 THROUGH 1840, AND OFFICIAL RECORD BOOK 1335, PAGES 62 THROUGH 65, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 6, TOWNSHIP 52 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 125.01(0, Florida Statutes, George Hermanson, P.E. from 17 Hole Montes, Inc., as agent for the petitioner, Twin Dolphins Equity Parmers, Ltd., requests the 18 vacation of a portion of the Utility Easement that was conveyed to Collier County by separate 19 instruments and recorded in Official Record Book 2270, Pages 1839 through 1840, and Official 20 Record Book 1335, Pages 62 through 65, Public Records of Collier County, Florida; and 21 22 WHEREAS, the Board has this day held a public hearing to consider vacating a portion of 23 the Utility Easement that was conveyed to Collier County by separate insmaments and recorded in 24 Official Record Book 2270, Pages 1839 through 1840, and Official Record Book 1335, Pages 62 25 through 65, as more fully described below, and notice of said public hearing to vacate was given as 26 required by law; and 27 28 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 29 convenient access of other property owners and is deemed to be in the Public's interest and to 30 provide a Public benefit. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 33 OF COLLIER COUNTY, FLORIDA, that the following described portion of the Utility Easement 34 referenced above be and is hereby disclaimed, renounced and vacated: 35 See Exhibit "A" attached hereto and incorporated herein. ITEM SEP 1 0 2002 36 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 37 certified copy of this Resolution in the Official Records of Collier County, Florida. 38 39 This Resolution is adopted this 40 atter motion, second and majority vote favoring same. 41 42 43 44 DATED: 45 ATTEST: 46 DWIGHT E. BROCK, Clerk 47 45 49 50 51 Deputy Clerk 52 53 54 55 56 57 58 59 Approved as to form and legal 60 sufficiency:. 61 62 63 64 65 Patrick G. White, Esq. 66 Assistant County Attorney day of , 2002, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO1LIDA BY: JamesN. Coletta, Chairman SEP 1 0 2002 COIND, OkiIIqlUM ~'ARC~ ~ LEGEND P.O.C. Poe, IT OF ~T p.na. II~T (Y IIC(~Id~ U,.F. UT1Ul'I' F~T I~S PflC~'~S~C~,, ~ Sl~'~d~ EXHIGIT "A" SHEET 1 OF 1 AVESMT2002-AR2930 P.C LEGAl, DE. SCIU~rlON YACATION OF A Portion OF ~ E. AS~ COU,U£NC,WC, ,AT T~E IVO~'HEAST CORNER ~ ~C~ ~OJT~'02'~. 4 ~ST~ ~ 1~.I~ FEET; ~N~ 5.~6'02'w.. ~ DiST~ ~ 7.07 ~' VACATION OF A PORTION OF UTILITY EASEMENT LEGAL & SKETCH SEP 1 0 2002 07/24/02 WED 15:49 FAX 12392542099 ff0LE AONTES ~002 Attachment PETITION FORM FOR TH~ EXTI~GUISH3IENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT THE PUBLIC RECORDS (OTI~ER T~A~ ON A SUBDIVISION PLAT) ON PLATTED OR UNI~LATTED LA_ND, EXCEPT FOR PUBLIC ROADS Date Received: ~.,t-~C ZS, ...~o~:~ ~ Petition #: Petitioner (Owner):Twin Dolphins Equity Partners. LTD.. a Florida limited partnership Address: S00 Laurel Oak Drive, Suite 600 City/State: Naples. FL Agent: George FIe_r.m.anson. P.E. of Hole Montes Ine. Address: 950 Encore Way City/State: Naples. FL Telephone: 239-514-5005 Zip Code: 34108 Telephone: 239-254-2000 Zip Code: 34110 Location of Subject Proper~,':_La Peninsu, la. Pelican Street. Isle of Cap~ Location: Section 6 Township 52 South Range~26 E~_t Official Record Book 2421 Page (s) 1073 - 1076 Current Zoning: R_MY-12 Does this affect density? Nq Legal Description: See attached warranty deed. Reason for Request: Due_to-eac~ oach?ent by buildine I hereby ant ~~e Ag~resent me for thia petition: ~ Yes Signature of Petitioner S. Charles Bennett. Print Name ~ No / / Date President of the General Partner. (Title) Plebe see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mai! to: O) (2) Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (3) (4) Attachment Page 4 of 4 W:\ 1998', 199 $ I 0$\Vacati ~n of Easement\exdnguishmenLC.doc If applicant is a land trust, indicate thc name of beneficiaries. If applicant ia a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. AC, E~A I'FE~ Listallotherowners. No, l~fl (3L I SEP 1 0 2002 Pi{., ~ ... Official Receipt - Collier County Board CDPR1103 - Official Receipt of County Commissioners ' Trans Number ' Date Post Date Payment Slip Nbr ',34878O 18/6/2002 3:41:05 PM 18/7/2002 , AR 2930 Appl Name: HOLE, MONTES & ASSOC., INC. Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: GEORGE HERMANSON 950 ENCORE WAY NAPLES FL 34110 Proj Name: TWIN DOLPHINS @ LA PENINSULA Type: TAZ: Subdiv Nbr: 100 Project Nbr: 19990899 Payor · TWIN DOLPHINS Fee Information Fee Code Description ~ GL Account Amount Waived 12TRVC REV ACCT/VAC EASEMENT-ROW ! 10116361032910000000 $1000.00 Total $1000.00 Payments Payment Code Account/Check Number Amount CHECK 2821 $1000.00 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid $1000.00 Memo: Cashier/location: GARRETT_S / 1 User: SOTER_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT AGENDA ITEM SEP 1 0 2002 R_-mm To: 2321295 OR: 2421 PG: 1073 ~CO?J)ED i~ OFFICIAL RECORDS of COLLIER ¢0UN?I, FI, ~5/~9/98 at 09:3~AM DJ~IGH? E. BROCK, CLERK 39500~0.00 ~C ~. 19.~ DOC-.70 D65~ Retn: ANHI$ KI?CHE~L ~? AL PIC£ U~ No.: _ WARRAh~ DEED THIS I/qDENTURE, made this ~ day of May, 1998 by ~d be~ ISLE OF C~ ~SOC~S, ~C~ a ~o~ c~or~om, G~O~ ~d ~ DOLP~'S EQ~ P~~, L~., a ~oM~ ~d pa~em~p, whose ~c,o k~,,~ I O~ )c ~/,~ ~~ .. ~:re 600 ff,~/e~ ~ ~vioz . . ~SSE~, ~ ~ G~O~ for ~ DOLL.~, ~d o~= go~ ~d v~ble ~id~o~ to s~d G~OR l~m~ ~d b¢~ ~ Co~e: Co.U, Flo~ to ~t: Sec Ex]:dblt Attache SIiBJ'~CT to raslzicfiom~ and ¢ascma~ts common to thc condominium; real ~.xem for ~e year I998 and ali subsequent years. TOGE1X-r~mR vJ. th all the t.-ncmcuts, herccHtam~ts, and ap. purttxmnces %her~o belonging or 41/ muywh e app~rtai~n_~. GR.kNTOP- does hereby fully warrmt the title to said land aufl will defend fli¢ s_~me ag~r~ ~e l~'~Tul c!~ms of all pcr~ons whomsoever. Rq' WITh~_,SS WHEREOF, GRANTOR. h~ hereunto set OlL4.NTOR.'S hand ~md sezl the day ~md year f~t above written. .! RECORD & RETURN TO:. ANN]S, MITCHELL, · N~les, F"1odda ACW..NO A ITEM SEP 1 OR: Signed~ scaled md delivered in the !~es~nce of'. ISLE OF CAPRI ASsOCL~TES, IN.C. a Florida eorporatlon B_, .... ]ql{ JlJTON, ?residant GEORGE W.. ~ - 215 Fii~'St., Suite W~st P~ B¢~ ~ofi~ 33401 Tke foregoing inslmun~nt was acknowledged before me ~his I~'~__ ~ of May, 1998 by GEORGE W. ~ATON, ~ ~ident of ISLE OF C~ ~S0~S, ~C., a Flori~ corporation ~ w~o N pe~on~y ~o~ to me or ~ who h~ p~uc~ ~ iden~c~on, ~OT~Y P~LIC ~ CO--SION EXPIRES: -2- AC~.NOA ITEM SEP 1 0 2002 pg. P.03 OR: 2421 PG: 1075 Being all thc following de=crlb~d real pro?arty locat~ and =icuat~d In Colli=r County, Florida, as moro pa~!cu~arly d:~cr~ as fo!l~ ~ Frcn a point of bcginnlng at the N~'rtheast corner of .&id Sect{'on 6, T~ship 52 South, Range 16 East, Collier County, F!~rida, =un South 1'11'25" West, along the East line of said Sec%ion ~, 261.~7 f~at to a point of beginning cf a ca~ain ~u!khead Line, as r~orded in Bu!~ead Plat Book !, Faqe fl, of th= ~b!!c R~ords cf Collier Couuty, Florld~; thence ~n the fo!!~ing courses m!gng th~ said Bu!~aead Line; South 69"27'16' W=~t for 743.57 fca:t; South 74'20'53" West for ~00.00 fe:~; t~. a point cf cu~ature~ rue 496.98 .feet along th= ~c of ~ ~, concav: to the Ro~hea~t, ha~ a tanqezcy; th=nee No~h 48~16'02' East for 712.63 feet to the end of the Bu!~aa~ Line; thence ~n South 88~48'27" East along th= ~o~h !!ne of said Section 6, i209.85 fc=t to the point of ~gf. nn!ng. · LESS A_ND EXCEPT T~JE South, ~ge 26 East, Collier County, ~!orida, ~=n South 1~11,~5- We~t, along the E=== line of =aid S~tLon 6, for 30.0 fa. et to th~ ~.t cf beqi:ning; thence continue to ~ South 1'11'25" West ~!~ng ~ald ~st !ina for 231.67 feat tn a polar, of the 'Line aa recorded in BuI~ead L!n~ ~1~ ~ ~ock 1, Pag~ 8 ~ab!tc Records of Collier County, Florida.; thence ~n South 69"27 20"32'&4" We~t for 272.34 'feet; thence ~n No~h i"1!'~5" East for 90.0 feet to a polar 3g.0 t~e= So~th cf the ~o~h lane of said S~t!~n 6; thence ~n South B8"48'27' East along a line ~ith and 30.00 feet as mea~ur,d at right angl~ fr~ ~aid line of section 6 for 380.0 feet to the ~int of ~ginning, Collier County, I00 L~ P~!~.SU-~A, A CO_~!~ItD~, in accordanc.e with the Declar=tion of Condominium of 100 L~ Peninsula, recorded in Official Records Bo~k I268, Pages 1. inclusive, as a=~nded by Amendment to Declaration of 100 La Peninsula,.. a Condc~nium recorded in Offici~ 1298, Pages 1569 thl-u 1571, inclusive, of the Pek cc!liar County, Florida. SEP 1 0 2002 Pi.._jb ,. OR: 2421 PG: 1076 EXi-~BIT :-_ con~ ~inued 1OO LA P~INSUL~, .A C~INI%~, in accordance with and subJec_~ to th~ D~c-!aration cf Condo~!ni-~ of 200 ~ Pe~n~ul=, a Ccnd~ni~ r~orded in Official Records ~k' 1309, ~ages 1559 th~ 16~6, inclusive, a, amendod by ~en~ent to Dcclaration of Condo~ni~ of 200 ~ Peninsula a condc~n!~ r~orded in Offic!~'l R~ords ~k 1340, Page= 1651 thou 1653-A, inclusiv~, of th= Public R~or~s of Collier County, Florida. _LA _P~I~SULA, A C.~INILD~, in accordance with and ~ubject to'the Declaration of COndom~ niu= cf ~ Peninsula, a Ccnd~n~, r~orded in Of~ic~a! R~cord~ B~k'l~13, Page~ 786' th~u 858, i..c!usive, of the ~blic Rucord~ of Collier County, Florida. 600 LA ~-~irSULA. A CO,--D<5~I~, in accordance with a~d su~jec_t to the Declaration of Condc~in'iu_n of 600 La Pe.~{nsu!a a reco--~-=~ in official Records Book 1337, ~ages 1984 thou 2~50, inclusive, as a_~ended by Amen_~.~n% to Declaration, of Cond~i-_~u= of 600 La Peninsula, a Condc=iniu~ ;'ecorded in Official Records 13d0, Pa.=== 733 thou 736, inclusive, Of th= Public Record= of Co!!i~-r County, ~lczida. .~00 ~ P~!~SU~A. A CO.~mC~iNIL~ in --ccorda~nce with and ~ubJect to the ~claratiun of Condo~ni,~ of 500 rec=rded in Of~icia! Records s~k ~374, Pm~e ~407, o~ the P~!is Records of collie=' County~ Florida. ~O0 ~ FE~INS~., A CO~OM!~!%~, !~ aac:r~ancz ~'i~h and subjc=: ~o the. · De__~.a~_.= of Cozd--~-n~____ of.400 La P~ninsu!a~ Offl=~i Kacurds Book 2140, Pagz 856, of th= Fubl!c Racor~a of Collier C==~ty, Florida. SEP I O 2002 £EP- l-g5 F£1. 6:20 FIELDSTONE,LESTER&SHE~ FAX NO. 3059821550 ?,02 2136948 OR: 2270 PG: 1839 IICOIDll) lb 01'%[C[M, IIC01D$ O[ C01.[Ill 0I/IOIII iL ll:25%i ~¥Ic~! 1. ll0Cl, C[IZ[ let~: THIS EASEMENT. granted thiG _~ dny o~ ~ep~e~J:ar, 199~, by I~LE OF CAPRI ASSOCIATES, INC. ag Gran~or, ~o ~he BO~D OF CO~;%~ COI~iSSIONERS OF COLLIER CO%%~Y, F~RIDA. ~ T~{~ GOVZRNING BODY OF COLi.~ER CO~Y ~ AE EX- OFFICIO THE gOV~RT4INO BO~D OF TJl~ ¢O{.T.T~N CO~I'Y WA'3I~P-~EWEI{ DIOTD. i,7't', cf which ie hereby acknowledged, hereby convey=, gran==, baty~ains and ~ell~ :he Gran=e~, its eucc~==or~ and assigns, a par~e~ual, non-exclusive license, an~ privilege =o enter [tpo~ an~ ~o in:tall and maintain facilities, on thc followin~ de=cribed ld:lds being located in Col]~.o~ County, Florida, ~o See attacked Exhibit "A" which i~ inco~oratad herein by reference, with th~ ri~h= ~o ~n~ar upon said land, excavate, and take ma=erials for =hu pu~o=e of constructing, opera~in~, rnd ~intaJ. ning utility facilities thereon. ~_ ISLE OF CAP~JSOC.[~-ES, .-/'(.~'~.( / ./'.' . ..'. D'I'ATE OF [.'I n~ ~-r~u~u.mn~ of 2ulo of Capri Assocta~e~, Inc. nn behalf of uaid corm~rat:.ion. D~vid Shear, FieldS=on= Lescer & Shear Firat Union Financial ' Hial.i, PlorLda 33131 {<y C=mmi~sion Kxpires: ~ STEPHAN=£ R. HOUSKA .,.t~,~/ June 13. l~(J AGF_NOA IIF.~ SEP 1 0 2002 D¢~:;t~t'i!Tti,)t'T ,'~ t*, { 1. i l%' ,..~:~,..in,,llt it', T~;It*', ~tr ~r~vovIllnc~r~'J. r.~l'. 1 , Collier: ~ount.,/, ~)o::id~ ,,.m .rtL) (t, al'~nln~ul,~ 1'1~:~..~ 2 ,- ULilit. y 1.:~ .... AIl. %h3t parL of CovernmenL Lot: 1 o[ Section 5, Township 52 SouLh, Range 2~ East, Collier County, Florida and being mere particularly described as ~ollows; Commencing at the northeast col~ncr of said Section 6; thence along the north line of said Section, North 88'-48'-27" W0&~ 1209,51 foot; thence leaving said line South 01'-08'-22" West 367.39 feet to a point on a curve and the POINT OF BEGINNING of the easement herein descrioed; thence southwesterly 80.00 feet along the arc of a non-tangential circular cu:.ve concave to the east, having a radius of 425.95 feet, through a central angle of 10'-45'-40" and being subtended by a chord which bears South 01'-31'-21" West 79.88 feet; thence South 79'-25'-32" West 162.24 feet; thence South 58'-04'-58" West 288.27 feet;' thence North 29'-12'-27" West 23.00 feet; thence North 46'-45'-14" Fast 150.28 feet; thence North 60'-45'-38" East 208,39 foot; thence North 73'-34'-31" East 131.58 feet to the Point of Beginning of the easement herein described; containin~ 0.55 acres of lan.~ more or less: subject to easements and restrictions of record; bearings are based on the north line of said Section 6, being ~:orth 0g'-48'-27" Wcmt. WILSOX, MILLER, BARTOh', SeLL & PF'.I.iK, Tt:C. Re,~. Engineer's and [.and Su.rvcyors ~icH~.~?£ ~l L-~Fure, P.L.S. ~4247 Not valid unless embossed with the Professional's seal. W.O. Re£: Date: 23468 4J-162 (ML:kjd utility esmt gvt lot 1) December 30, !987 .... SEP 1 0 2002 1__% _ 0 ! 1635 Z 00 ! 335 ~r~,R C0UHTY RECORDED 'OR BOOK ~oc ~ INT~ IND~ 00006;2 PA6E TH%~ EASEMENT) made thL~ 10thday of February , 1988 , between BARCLAYS CAPRI POINT, a California general partnership with Plorida offices nt 10 L~ Peninsula Ooulevard~ Naples, Ylorlda 33g$2) Grentor, an4 the BOARD OF COUNTY COMMISSIO~IP-RS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING ~ODY OF COLLIER COUNTy AND AS EX-OFFICIO TIlE {'IOVF, I'iNING IIOARD OF COUNTY V/ATER-SEWER DISTRICT) its successors and assigns as Grantee, WITN ESSETIt: That the Grantor) fo,- and in e~nslderatlon of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt or which is hereby lleenso~ and privilc~'e to enter upon and to Install ced below ground on the l'ollowlng described lands being located In Collier Caual'.,', l'icri~a, to (-See attached Exhibit "A" which is Incorporated by relereneo herein) TO HAVE AND TO HOLD the same unto said Grantee and its assigns, to~ether with the right to enter u~on said land ..nd excavate and take materials from same and constru:t and maintain utility feeiHties thereon. IN WITNESS ~¥1{EREOF the s~ld Grantor has cdused these presents to be executed Y'S CAP.~INT · O. R,eth~tl, ~ ~eneral partn.'.. I D~lnt As~o¢lntes, Ltd., the day and year first above written. Witnesses: BARCL Goer a lie ed partnership and n general STATE OP ~ORIDA I HBRBBY CgR~F06 ~]t thurlzed In the 9~te afore~ld an~ In the County afore~ld ~ ~k~ aeknowl~en~, per~nully appeared George O. Rethatl, a general partner of C~pr[ Point A~oclates, Ltd., a limited p~ershlp ~d a general partner of B~clay's C~prl Point, to me known to be thc person desk.ed In ~d who ex~uted the [or~oing l~umeni and who acknowledged before me that. ~: executed the~e for the p~poses therein stated. W~SS my ~X~. ofrielal~al la ~County ~d S~te tast DaP/vab3888 "'" AC.~A ITEM SEP 1 0 2002 001335 000063 %"V']I.$ON · MILLER. BART~'U~I~-~L.L ,r,_ ~EEK, Description o[ ~t~it~ e~se~ent ~n ~art o~ Section 6, ~wnshlp 52 South, R=nge 26 Collie= County, (~a~eninsula ~hase 2 - Utility Ail that Dart o[ Government ~ot 1 o[ Section ~, Township 52 South, Range 2~ £a~t, Collier County, ~lorida and being mcrc ~rticul~r!y described as follows: Commencing st the northeast corner of =aid Section 6: thence along the north l{n, of ~id Section, North 88'-48'-27" We:t 1209.51 feet; thence leaving said line South 01'-08'-22" West 367.39 feet to a described; thence southwesterly 80.00 feet along the arc of a non-~angential circular .cuzve concave to the east, having a -a.: .... ~ ~c .... angle of and bein~ ~ubtended by a chord which hears South 01'-31'-2!' West 79.8S feet; thence South 79'-25'-32" West 162.24 thence South 58'-04'-58" West 288.27 feet; thence North 29'-12'-27". West 23.00 feet; thence North 46'-45'-14" East 150.28 feet: thence North 60'-45'-3~' ~ast 208.39 feet; thence North 73'-34'-31" East 131.58 feet to thc Point of Beginning of the easement herein described; containing 0.55 acres of land more or less; subject to easements and restrictions of record; · bearings are based on the north line of said Section 6, being North 8B'-48'-~7" West. WILSON, MILLER, BARTON, SOLL & PEEK, INC. R%g. Engineers and Land Surveyors · ~ichael C. LeMurs, P.l~.S. ~4247 Not valid unless embossed with the Professional's seal. W.O. Ref: D.ate: 23468 43-162 (ML:kJd utility esmt gvt lot 1) December 30, 1987 SEP 1 0 2002 u~ ~uu~ PAGE - WARRA~ D~D ~' between ~remy's ~prl ~omt, n ~llf~nia ~nernl pnr~h[p wl~ Florida offices at l0 ~ Pen[.~ ~ulevar~ N~pl~, ~[~ 33962~ hc::inafter thc "C-rotor" nnd Board of ~unty Comml~loners of ~Ui~ ~ty, Fi~l~ as ~e governir,g b~y of Collie~ County ~d as ~f~clo ~ ~*em[~ ~ o[ the ~IU~ County ~ter-Sewc~ D~trict, I~ ~e~m ~d ~1~, with o~ces at the Courthousa~ Naples, Florida ~3902 hereinafter the "Grantee." ~nt ~e G~tor~ f~ ~d tn ~nside~atlon of ~e sum of Ten DoUars (St0.00) end oth~ ~d ~d vai~ble ~n~Oevatton ~ it in h~d paid b~ the ~ld G;*ontee~ the ~e~elnt and suftlci~ey whereof ~ hereby neknowle~ed, has ~anted, bargained end ~ld to t~e ~fd Or~tee~ i~ ~ece~m ~d ~i~s forever, t~e wat~ fncllltl~ descriSed on Exhlbtt "A" attached hereto~ ~t~te, ~ing and beln~ wl~ln ~e foUowlng described lnnd~ in thc County of ColUer, S~te of ~Ida, to wit~ NOTE; TI~ DEED CONYE~ ONLY TIlE WA'i'ER FACILFFIE3 AND 1~ NOT A COW~'EYANCE OF ANY REAl, PROPERTY INT~FtF~2T iN THE' LAND~ DESCRIBED IN The Grantor does hereby fully warrant the title to said property, ,nd will defend thc same uga}nst the lawful cZaims of all persons whomsoever. IN WITNESS WIIEREOP, the Grantor ha~ caused these presents to be exact,ted by year first 7'~ve writtcn. It~ proper officers thereunto duly authorized, the day Witnesses: BARCLA By, Ge0rl /o. Rethati, ageneralpw'tncr of Cs t! Pont Associates, Ltd., a Ih, vd partnership and u ffencrnl partner of Barclay'; Capri Point STATE- OF COUNTY OF The foregoing Warranty Deed wa= acknowledged before me by George O. Rethatl, known to r~e to be a general partner of Capri Point Associates, Ltd., n JJmltcd partnershic~//and' a general partner of Barelay's Capri Point this /.~ day · .;.; ....... :...:; . ~ '. . ,I,~y CGmmisz;~. Ex,:Ses/urr 18. 1989 Donald A. Pickworth, Esquire Asbel[, Halns, Doyle & Pickworth, P.A. 3174 East Tamtam[ 'Frail Naplus, Florida 33002 DAP/vab3882 SEP I 0 2002 001335 000065 iNC. PAGE £,~151 r Description of utility easement in part of Governmen~ Lot 1, Section 6, T6wnship 52 South, Range =6 East, Collier County, Florida (LaPeninsula Pha~e ~ - Utility Easement) Ail that part of Government Lot 1 of Section 5, Township 52 South, Range 26 East, Collier County, Florida and being mere Darticu!arly described as follows~ Commencing at the northeast corner of said Section 6; thence along the north line of said Section, North West 1~09.51 feet; thence leaving said line South 01'-08'-22" West 367.39 feet to a point on a curve and the POINT OF BEGINNI~;G of the easement herein descrlb~d: thence ~outhwesterly 80.00 f~et al~n~ ~ arc cf non-tan~ential circular.curve concave to the east, having a radiuo of 425.95 feet, through a central angle of 10'-45'-40" and being subtended by a chord whi West 79.88 feet; thence South 79'-25'-3~" West 162.24 feet; thence South 55'-04'-58" West 288.27 fee%; thence North ~9'-12'-27" West~3.00 feet', thence North 46'-45'-14" East 150.28 feet; thence North 60'-45'-38" East 208.39 feet; thence North 73'-34'-31" East 131.58 feet to the Point of Beginning of the easement herein described; containing 0.55 acres of land more or less; subject to easements and-restrictions of record; bearings are based on the north line of said Section 6, being North 88'-48'-27" West. WILSON, MILLER, BARTON, SeLL & PEEK, Reo. Engineers and_Lend Su/rveyors ~ichael C. LaMure, P.L.J. %4247 DATE Not v.~lid unfed§ ~mbo:~ed with ~3498 4J-162 (ML:kJd utility esmt gvt lot 1) December 30, 1987 W.Oo Ref: Date: AGENDA ITEM SEP 1 0 2002 Parcel Page I of l Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 200'1 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION .a~ne:llTw'N DOLPHINS EQUITY PRTNR LTD IPame~:llolosoooooo4 II Ac'e:ll°'°° Address:lis00 LAUREL OAK DR STE 600 Addres,:ll Add,ess:Il Address:Il Address:I[NAPLES, FL 34108-2705 I L°c:ll700 LA PENNISULA BLVD I Legal:Il6 52 26 GOVT LOT 1 + I LegaI:IISUBMERGED LAND IN OR I Legal:Il342'916'917' LESS MARCO I LegaI:IITOWERS GROUP I + LEASED LAND VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS Coun~y:l[12,18o.a8 School St:1114,206.67 Taxble Value: 1131o9ooo Millage Code:II091 Homestd Ex:l[0 Sr~ool k)c117,975.13 N°v:l14°,482'28 Dec:1140'903'97 Jan:Il41,325'66 PAYMENT INFO Paid Dt :][03121102 Recpt:l[96868 Mach:l[09 Agricltr Ex:II0 Widow Ex:l[0 Blind Ex:l[0 Disabled:J[0 Veteran Ex:J[0 Wholly Ex:I[0 Civilian Ex:l[0 City Tax:II0.00 Water:H5,615.S5 Dependt:l[1,636.36 Independ:l[455.32 voter Appr:l[98.83 I Feb:l141'747'3S I Mar4142'169'04 I-~Wllo.oo I~"~'~1o.oo Gross Tax:II42,169.04 APP' fee:Il0'00 I Advertising:l[6.S4 Paymt:J[42,169.04 STATUS INFO. Non Ad Va:ii. Installment:II. Deferred:l[N Bankrupt::J[N TDA:J[0 EXTRA LEGAL INFORMATION DESC IN OR 375-90 + 375-88 RESP, LESS OR 1213 PG 786 LA PENINSULA CONDO, LESS 100 LA PENINSULA CONDO AS DESC IN OR 1268 PG 1553, LESS 200 LA PENINSULA CONDO AS DESC IN OR 1309 PG 1559, LESS 600 LA PENINSULA CONDO AS DESC IN OR 1337 PG 1984, LESS 500 LA PENINSULA CONDO AS DESC IN OR 1374 PG 1407, LESS 400 LA PENINSULA CONDO AS DESC IN OR 2140 PG 856 Back to Search Last Updated: 7/24/2002 5:00pm http://xvxvxv.colliertax.com/RecordDetail.asp?FolioI D=01050000004 SEP 1 0 2002 .4. l_ SEP I 0 200?. ri I I ULEVARD / COUNTY UTILITY EASEMENT OF ENCROACHMENT 950 Encor~ way l Naples, FI.. 341101 Phone: (239) 254-20001 1~8 Florida Cerflflcafe ofl ENGINE:E~S PLANNERS SURVEYORS AufhoHzaflon No.17721 I / TWIN DOLPHINS SEP 1 0 2002 Pl. ~ COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION July 30, 2002 33Ol E. TAM IAMI TRAIL NAPLES. FL :34112 1941 ~ 7:½2-2575 FAX: ,941 ~ 732-2526 George H. Hennanson, P.E. H°te Montes, Inc. 950 Encore Way Naples. FL 3,4110 Re: Twin Dolphins at La Peninst, la Easement Vacation Dear Mr. Hennanson: This office has reviewed your request to vacate a portion of the utility easement along La Pe,finsula Blvd referenced in the attached legal description and sketch. The Collier County Water-Sewer District has no facilities in the portion of easement specified and we, therefore, have no objection to the vacation of the Utility Easement. Should you have any further questions, please feel free to contact me. Sincerely, .. }..;../~ ? /, .,: I;,~- ~-- '/.: . ' / Jacquelxq~R. J0~mson Engineering Technician Patti x,, ........ '- Water Dircctor Joseph Cheatham, \Vastewater Director Rick Grigg, Land Sur,'eyor, Community Development g:X, engineering tech\easement-r.o.w, vacation\twin dolphins at la peninsula.doc ~7.~g) ~, ITEM SEP 1 0 2002 Box 2469 Naples, lq. 3~1~-2469 August 2, 2002 Mr. Mike Roddis Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Re: SEC 6 TWP 52S KNG 26E La Peninsula Phase 2 - Utility Easement Dear Mr. Roddis: In response to your inquiry of July 26, 2002, regarding the possibility of vacating a portion of the subject dedicated easement, this is to advise that Sprint-Florida, Inc. has no objection to vacating that portion of said easement. If we can provide additional information, please contact me at 239-263-6211. Sincerely, Deb Corbin Network Enginecr I DAC/jw IOR¢ - SEP 1 0 2002 Comcast Cable Communications, Inc. P.O. Box 413018 Naples, FL 34101 '" ..... cast "'"'corn July 31, 2002 Mike Roddis Hole Montes 950 Encore Way Naples, Florida 34110 Re: Vacation of a portion of utility easement @ Twin Dolphins @ La Peninsula HMA project # 1998105 Dear Mike: Comcast has no objection to the construction of a structure that is into the above referenced utility easement. If you have any future concerns, please do not hesitate to call me at (941) 732-3819. If you have any further concerns, please contact me at (941) 732-3819. Sincerely, Scott Miller, Design Coordinator SEP 1 0 2002 pg. or,O~ 08/02/2002 07/30/02 FRI 14:22 FAX TUE 10:I2 FA~ 12392542099 goLJ~ MON'I'E ~ ~002 TE~A~ON AND RELEASE OF EASE1VFF, NT This tcrmlnat/on and releazc of a portion of cascmcat is executed ~d ~c cffe~ve ~ of ~ ~y, ~n~ of ~'~5~ ,2002 ~ ~o~da Pow~ ~ud L~ht ~or ~t po~on of e~t sho~ on ~e a~ ~ctch ~I~ "~t A". Whereas, Florida Power and Light docs not have a~y t~tilities within t]~ subject a~ea of thc easezmmt, Florida Power and Light has no objection to the proposed vacation. The subject eascmcnt is loca'~d at "Twin Dolph/ns", a development on Isle of Capri, a pa~:~l of last lyi~8 i~ Gover~n~e~t Lot I i~ Section 6, Tow~us.h~p 52 SouQ% P~ge 25 Nz..~, Collk-r Co~, Flod~ Now, Thcr~t-ore, Florida Power and Light h~reby t~,,-,inaZcs, rclcascs, conveys and quit claim~ to ~o Property Owner, all offi~ fight, title a~d iat~rest in tt~ portion of thc Utility Easem~t as shown on Exhibit "A". In Wiliness Hereof, th= undcrsig~ccl h~reby execurz: this instrum~mt to be effective a~ of the dato wfitt~ above. FLORIDA POV¢'ER A_ND LIGIi~ Wimess No. I Print Name: Witness No. 2 Print l~T~nc: Print Name: ~. ca3 . K-I W:M~I~810~(~I-{]4'~2~7I~-FPL-TEI~.M'II~AATIOH & RELEASE OF E.A.S~.~O~ ITEM SEP 1 0 2002 'i 07/~0/0~' TI~ 10:12 FAX 12392542099 HOlE M'O,N'I~S ~]005 VACATION OF A PORTION OF UTILITY F~ASE~NT LEGAL & SKETCH A.ag-Ol-O2 O1 :O7P MARCO ISLAND CABLE IION 09:25 F.AI 1-e39-'$4Z0~9 liUL~ 9413944895 P.01 TERIvHNATION AND RELEASE OF EASEIVEENT of / da,, month of ~,~,~ x ~'}' .2002 by Msr~o uimna ~.sme xor mar poruon ~ Mmt~ bland Cable ~ no obj~fi~ 1o ~e ~o~ ~on. ~el ofl~ l~g ~ ~~z ~t I ~ 5~6o~ 6, To~p 52 So~ ~c 26 ~ Colii~ ~, Florida. ~e dsm ~m ~ve. ]~.~RCO ISLAND AGENDA ITE~ I SEP 1 0 2002 Pg. Auc_~-OI-O2 01:07P MAIq. CO I~LAND CABLP- 'x · o got _ ~ IT'E.PlA 2002 gX~CU~IV~ FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR %rANDERBILT PINES, PHASE 3, WATERFORD OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Vanderbilt Pines, has constructed, the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on November 7, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Irrevocable Standby Letter of Credit No. 34-001-029, in the amount of $11,962.50, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved the Executive Summary for Final Acceptance via email dated July 23, 2002. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. SEP 1 0 2002 Executive Summary Vanderbilt Pines, Phase 3, Waterford Page Two GROWTH M~GE~NT IMPACT: This project has been connected to the County Regional Water T~eatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Vanderbilt Pines, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: ~eering Technician Engineemnm~Q~/Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager D~te/ APPROVED BY: jos~~K. '~trator COM~ITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments SEP 1 0 2002 VAINDERBILT BEAC ROAD EXT. ' VANDERBILT E UMT 3 ~' ~-. EACH RD EXT. ! UMT 6 F & UNIT 7 SEP 1 0 2002 Pi. COLONIAL BANK. Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908 Irrevocable Standby Letter of Credit No.34-001-028 Dated: 07/20/00 Place of Expiry: Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908 Date of Expiry: This Credit shall be valid until 07/20/01 and shall be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, we notify the Beneficiary in writing by registered mail that we elect not to so renew this Letter of Credit. Applicant: Worthington Communities of Naples, Inc., a Florida Corporation, 14291 Metro Parkway,//1300, Fort Myers, FL 33912 Beneficiary: The Board of County Commissioners, Collier County Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, 3301 East Tamiami Trail, Naples, Florida 34112. Amount: $5,507.00 (Five thousand five hundred seven dollars and 00/100 Dollars) in the aggregate thereof. Credit available with: Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, FI. 33908. By: Payment against documents detailed herein and Beneficiary's drafts drawn on the Colonial Bank. Documents required: Beneficiary's statement purportedly signed by the County Manager certifying that: "Worthington Communities of Naples, Inc. a Florida corporation, has failed to construct and or maintain water and/or sewer improvements as shown on the plans for Vanderbilt Country Club, Waterford Phase 3, Buildings 7,8,9,10 at Vanderbilt Country Club or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary". Draft(s) drawn under this Letter of Credit must be marked "Drawn under Colonial Bank Letter of Credit No.34-001-028 dated 07/20/00. The original Letter of Credit and all amendments, if any, must be presented for proper ca do rs em ent. ~,r~o~ ~W.~ An Affiliate of Colonial BancGroup. Inc. 16740 San Carlos Blvd. S3V., P.O. Box 08009. Fort Myers. Florida 33908 Telephone 941/466-7500 ,, Fax 941/466-6000 w~v.colorfialbank.com 2oN EQUAL OPPORTUNITY E*IPLOYER SEP 1 0 2002 Irrevocable Standby Letter of Credit No. 34-001-028 Dated: 07/20/00 This Letter of Credit sets forth in full the terms of the Colonial Bank's undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document, instrument, or agreement referenced to herein or in which Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. We hereby engage with the Beneficiary that draft(s) drawn under and in compliance with the terms of the Credit will be duly honored by us if presented within the validity of this Credit. Except as otherwise expressly stated this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits 1993 Revision, International Chamber of Commerce Publication No. 500 (the "Uniform Customs"). This Letter of Credit shall be deemed to be made under the laws of the State of Florida. Colonial Bank Senior Vice President David E. Gookin Vice President ITEM SEP 1 0 2002 Colonial Bank EXHIBIT"A" TO LETrER OF CREDIT NO. 34-001-028 ISSUED BY COLONIAL BANK AT SIGHT PAY TO Collier County July 20 Five thousand five hundred seven DOLLARS ($ 5~507.00 VALUE RECEIVED AND CHARGE TO ACCOUNT OF LE'I-rER OF CREDIT NO. 34-001-028 ~(~(2000 ) FOR F-0300 (2/g3) CBG Printing COLONIAL BANK 16740 San Carlos Blvd SW Fort Myers, FL 33908 Board of County Commissioners Collier County, Florida By: OF Its: SEP 1 0 2002 Colonial Bank · EXHIBIT "B" TO STANDBY LETTER OF CREDIT NO. 3~-oo~-02~ ISSUED BY COLONIAL BANK July 20 CERTIFICATE The undersigned, No. 3q-001-028 No. 34-001-028 Collier County, duly FI orida authorized signator for the Beneficiary under Letter of Credit , hereby certifies to Colonial Bank with reference to Letter of Credit issued by the Bank in favor of Board of County Commissioners , that: In addition, to the best of the Beneficiary's knowledge there are no existing court orders restraining or enjoining Colonial Bank from honoring drafts or presentation under the Letter of Credit. The other documents presented with this Certificate are genuine and complete. All other terms and conditions of Letter of Credit No. 34-001-028 are and have been strictly complied with. IN WITNESS WHEREOF, the undersigned, has executed and delivered this Certificate on F-0302 (2/93) CBG PrtnlJng Board of Cnunt.v Cnmmi~.~inn~r~ Collier County, Florida By' ~,. ITF. Ja Its: SEP 1 0 2002 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR %rANDERBILT PINES: PHASE 3, WEDGEWOOD OBJECTi~FE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Vanderbilt Pines, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on August 17, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Irrevocable Standby Letter of Credit No. 34-001-028, in the amount of $5,507.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved the Executive Summary for Final Acceptance via email dated July 23, 2002. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. Executive Summary Vanderbilt Pines, Phase 3, Wedgewood Page Two GRO~H I~GEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Vanderbilt Pines, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: '~-~'~~ ' in Techn Shi~ley/~i{, Engineer g . ician Engine~g Review Services REVIEWED BY: / Thomas E. Kuck, P.E. Engineering Review Services Manager II Date Date APPROVED BY: Joseph ~'. Schmftt, Admin£strator COMMU.NfY DEVELOPMENT AND ENVIRONMENTAL SERVICES atta~ments Date 2002 IX~ '. . CRYSTAL -~:/' '.. -.. ..... .' · '..... ~ : ;- LAUREL OAK MIDI' LE. =;=.Jv~__~ VANDERBILT BEAC--I ROAD EXT. II VANDERBILT EEACH RD EXT. o~ F SEP 1 0 2002 COLONIAL BANIC Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908 Irrevocable Standby Letter of Credit No.34-001-029 Dated: 07/20/00 Place of Expiry: Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908 Date of Expiry: This Credit shall be valid until 07/20/01 and shall be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, we notify the Beneficiary in writing by registered mail that we elect not to so renew this Letter of Credit. Applicant: Worthington Communities of Naples, Inc., a Florida Corporation, 14291 Metro Parkway, #1300, Fort Myers, FL 33912 Beneficiary: The Board of County Commissioners, Collier County Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, 3301 East Tamiami Trail, Naples, Florida 34112. Amount: $11,962.50 ( Eleven thousand nine hundred sixty two dollars and 50/100 Dollars) in the aggregate thereof. Credit available with: Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908. By: Payment against documents detailed herein and Beneficiary's drafts drawn on the Colonial Bank. Documents required: Beneficiary's statement purportedly signed by the County Manager certifying that: "Worthington Communities of Naples, Inc. a Florida corporation, has failed to construct and or maintain water and/or sewer improvements as shown on the plans for Vanderbilt Country Club, Wedgewood Phase 3, Buildings 24 - 37 at Vanderbilt Country Club or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary". Draft(s) drawn under this Letter of Credit must be marked "Drawn under Colonial Bank Letter of Credit No.34-001-029 dated 07/20/00. The original Letter of Credit and all amendments, if any, must be presented for' endorsement. An Affiliate of Colonial BaneGroup. Inc. SEP 1 02002 16740 San Carlos Blvd. S.W.. P.O. Box 08009. Fort Myers. Florida 33908 Telephone 941/466-7500 * Fax 941/466-6000 ~,w.eolonialbank. eom p~,.__/ _ AN EQUAL OPPORTUNITY EMPLOYER Irrevocable Standby Letter of Credit No. 34-001-029 Dated: 07/20/00 This Letter of Credit sets forth in full the terms of the Colonial Bank's undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document, instrument, or agreement referenced to herein or in which Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. We hereby engage with the Beneficiary that draft(s) drawn under and in compliance with the terms of the Credit will be duly honored by us if presented within the validity of this Credit. Except as otherwise expressly stated this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits 1993 Revision, International Chamber of Commerce Publication No. 500 (the "Uniform Customs"). This Letter of Credit shall be deemed to be made under the laws of the State of Florida. Colonial Bank Senior Vice President David E. Gookin Vice President SEP 1 0 2002 -- Colonial Bank EXHIBIT "A" TO LETFER OF CREDIT NO. 34-001-029 ISSUED BY COLONIAL BANK July 20 AT SIGHT PAYTO Board of County Commissioners, Collier County, FI orida Eleven thousand nine hundred sixty two DOLLARS ($ 11,962.50 dollars and 50/100 VALUE RECEIVED AND CHARGE TO ACCOUNT OF LE~-rER OF CREDIT NO. 34-001-029 F-0300 (2/93) CBG PrinlJng COLONIAL BANK 16740 San Carlos Blvd~ SW Fort Myers, FL 33908 Rnnrcl nf CnHnty Cc~mmi~inn~rc Collier County, Florida By: Xl~ 2000 Its: FOR OF ITEM SEP 1 0 ~ Colonial Bank · EXHIBIT "B" TO STANDBY LETTER OF CREDIT NO. 34-001-029 ISSUED BY COLONIAL BANK July 20 ~'l)gX2000 CERTIFICATE The undersigned, duly authorized No. 34-001-029 No. 34-001-029 Collier County, signator for the Beneficiary under Letter of Credit , hereby certifies to Colonial Bank with reference to Letter of Credit issued by the Bank in favor of Board of County Commissioners~ Florida , that' In addition, to the best of the Beneficiary's knowledge there are no existing court orders restraining or enjoining Colonial Bank from honoring drafts or presentation under the Letter of Credit. The other documents presented with this Certificate are genuine and complete. All other terms and conditions of Letter of Credit No. 34-001-029 are and have been stdctly complied with. IN WITNESS WHEREOF. the undersigned has executed and delivered this Certificate on , F-0302 (2/93) CBG Printing By: Its: Board of Countv Commissioners Collier County, Ir''~'4~' --- ,,.._lC' R p~,._ r7 EXECUTIVE REQUEST TO ACCEPT AN ALTERNATE PERFORMANCE AND MAINTENANCE SECURITY AND CONSTRUCTION AND MAINTENANCE AGREEMENT FROM THE ESTATES AT BAY COLONY GOLF CLUB NEIGHBORHOOD ASSOCIATION, INC. OBJECTIVE: To accept an alternate performance security and construction and maintenance agreement from the Estates at Bay Colony Golf Club Neighborhood Association, Inc., and release the current security to WCI, the developer of Bay Colony Estates. CONSIDERATIONS: The Estates at Bay Colony consists of several subdivisions which were developer by WCI Communities, Inc. More specifically the subdivisions of Mashie Court, Waggle Way and Bentgrass Bend. The required subdivision improvements have been completed and received preliminary acceptance by the Collier County Development and Environmental Services Section. The Neighborhood Association wishes to install paver bricks on the streets in lieu of the final lift of asphalt. The Neighborhood Association will provide the necessary security and the County will return the securities which had been provided by WCI Communities, Inc. The County Development and Environmental Services Section and the County Attorney's office have reviewed and approved these documents. FISCAL IMPACT: There is no fiscal impact to the County. GROWTH~GEMENT IMPACT: There is no growth management impact. RECOI~4ENDATION: 1) To accept the alternate Performance and Mainte~ Security. 2) To authorize the Chairman to execute the Construc~ Maintenance and Escrow Agreement. 3) To authorize the release of the current securities. anc 9~N~A ~ ion~,~7~ ~ SEP 1 0 2002 Executive Summary Bay Colony Estates Page 2 PREPARED BY: John R. Houldsworth Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director '~~ r Date SEP 1 0 2002 ~.~ EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CHRISTUS VICTOR LUTHERAN CHURCH OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Christus Victor Lutheran Church, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on January 1, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a cash bond, in the amount of $640.78, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated July 24, 2002. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. SEP 1 0 2002 Executive Summary Christus Victor Lutheran Church Page Two GROWTH M ANA~ IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. I~EC(~ATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Fairway Preserve Apartments, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: ~ Shirley Ni/,~n~i~ee'ring Technician II Engineeri g~j~eview Services Date REVIEWED BY: Thomas E. Luck, P.E. Engineering Review Services Manager Date APPROVED BY: Jos[ U~. i~½ Sch~t[, Adm%nistrator SERVICES ]~c~y[EVELOPMENT AND ENVIRONMENTAL Date SEP I 0 2002 , i SEP 1 0 2002 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number , Date ! Post Date I Payment Slip Nbr 172114 12/28/1999 8:26:56 AM 112/2811999 i MS 64153 i CHRISTUS VICTOR LUTHERAN CHURCH Payor · CRISTUS VICTOR CHURCH Fee Information Fee Code , Description GL Account Amount i Waived 12BOND i DEPOSlTS-COMM DEV (CASH BOND1 67000000022011300000 $640.78 1 Total ~ $640.78 i Payments Payment Code Account/Check Number Amount ! CHECK 225664849 $640.781 Memo: Total Cash Total Non-Cash Total Paid $0.00 ! $640.78 J $640.781 Cashier/location: GARRE'n'_s / 1 User: NIX_S Collier County Board of County Commissioners CD-Plus for W'~lows 95/NT Pdnted:12/ ITEM :~ SEP I 0 2002 8/1~ '~7:39 ~ SEP 1 0 2002 L EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CLASSICS PLANTATION ESTATES, PHASE TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVEs To approve for recording the final plat of "Classics Plantation Estates, Phase Two", a subdivision of lands located in Section 22 Township 50 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 "Classics Plantation Estates, Phase 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. Engineering Review Section recommends that the final plat of "Classics Plantation Estates, Phase Two" be approved for recording. FISCAL IMPACT: The project cost is $1,898,867.62 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 462,920.00 - $1,435,947.62 The Security amount, equal to 110% of the project cost, is $2,088,754.38 iSEP 102002 P~._ i Executive Summary Classics Plantation Estates, Phase 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: $34,721.71 Fees are based on a construction estimate of $1,898,867.62 and were paid in March, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ b) 765.00 Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 2314.60 Drainage, Paving, Grading (.42% const, est.)-$ 6030.98 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 6943.82 Drainage, Paving, Grading (1.3% const, est.) - $18667.31 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of ,,Classics Plantation Estates, Phase Two" for recording with the following stipulations: 1. Approve the amount of $2,088,754.38 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. SEP ! 0 2002 Executive Summary Classics Plantation Estates, Phase Two Page 3 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: John R. Houldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: t~/--~h~i st rat or y Development & Environmental Services SEP 1 0 E~C~I~ SUMM~RY REQUEST TO A~PROVE FOR RECORDING THE FINAL PLAT OF ,,GALILEE" OBJECTIVE: To approve for recording the final plat of Galilee, a subdivision of lands located in Section 9, Township 47 South, Range 29 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Galilee". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends "Galilee" be approved for recording. that the final plat of This Executive Summary has been reviewed and Transportation Services and Public Works Utilities. approved by FISCAL IMPACT: The County will realize revenues as follows: Fund: Comraunity Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH M~NAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues Executive Summary Galilee Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: archeological issues There are no historical or EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES ST]tFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Galilee" with the following stipulations: 1. Authorize the recording of the Final Plat of "Galilee." PREPARED BY: John R. Houldsworth, Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Jo/e~h K. S~mltt, A~minisErato~ C~unity Dev. and Environmenta SVCS. Date SEP 1 0 2002 II II , (~ 'a'~) ~ ~r~oemm Z F E~C~IVE SUMM~RY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF ,'WESTVIEW COMMERCE PARK" OBJECTIVE: To approve for recording the final plat of Westview Commerce Park, a subdivision of lands located in Section 1, Township 50 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Westview Commerce Park". This document is in compliance with the County Land Development Code and Florida State Statute No. 17¥. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final pla~ of "Westview Commerce Park" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH ~%NAGE~ IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues SEP 1 0 2002 Executive Summary Westview Commerce Park Page 2 HISTORICAL / A/~CHEOLOGICAL ISSUES: archeological issues There are no historical or F2~C RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Westview Commerce Park" with the following stipulations: 1. Authorize the recording of the Final Plat of "Westview Commerce Park." PREPARED BY: John R. Ho~i~%-w6rth, Engineer Engineering Review Da~e REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED '~~~ Joseph K. Schmitt, Administrator Community Dev. and Environmental Svcs. Da/te , Date ~A ITEM SEP 1 0 2002 -1 _~CUTIVE S~MMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SHORES AT BERKSHIRE LAKES, PHASE TWO-C" OBJECTIVE: To approve for recording the final plat of Shores at Berkshire Lakes, Phase Two-C, a subdivision of lands located in Section 33, Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Shores at Berkshire Lakes, Phase Two-C". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Shores at Berkshire Lakes, Phase Two-C" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113. Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTHM~NAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues SEP 1 0 2002 Executive Summary Shores at Berkshire Lakes, Phase Two-C Page 2 HISTORICAL / A/~CHEOLOGIC2tL ISSUES: There are no historical or archeological issues EAC RECOMMENDATION:Approval CCPC RECOMMENDATION:Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Shores at Berkshire Lakes, Phase Two-C" with the following stipulations: 1. Authorize the recording of the Final Plat of "Shores at Berkshire Lakes, Phase Two-C." PREPARED BY: -Johr~ 'R. Hould~okt~', Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: JoSephK. Sc~mi~t, Administrator Cdmnfunity Dev. and Environmental Svcs. D~tez SEP 1 0 2002 E~C~IVE SUMM~RY REQUEST TO A~PROVE FOR RECORDING THE FINAL PLAT OF "IBIS COVE PHASE TWO-B", AND A~PROVAL OF THE STANDARD FORM CONSTRUCTION AND M~INTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Ibis Cove Phase Two-B", a subdivision of lands located in Section 27 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 "Ibis Cove Phase Two-B". 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. Engineering Review Section recommends that the final plat of "ibis Cove Phase Two-B" be approved for recording. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The project cost is $160,885.22 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $83,368.90 b) Drainage, Paving, Grading - $77,516.32 The Security amount, equal to 110% of the project cost, is $176,973.74 SEP 1 0 2002 Executive Summary Ibis Cove Phase Two-B 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: $3584.85 Fees are based on a construction estimate of $160,885.22 and were paid in August, 2001, and May, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 548.20 b) c) Paving, Grading (1.3% const, est.) GROWTH ~a_NAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 416.84 Drainage, Paving, Grading (.42% const, est.)- $ 325.57 Construction Inspection Fee Water & Sewer (1.~° . ~ const, est.) - $1250 53 Drainage, - $1007.71 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 historical There are no outstanding environmental or archeological impacts EAC RECO~4ENDATiON: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Ibis Cove Phase Two-B" for recording with the following stipulations: Approve the amount of $176,973.74 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. AC~NOA~ SEP 0 2002 Executive Summary Ibis Cove Phase Two-B 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: John R. Houldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date /i/l z Date APPROVED BY: Punni~ ~Cev~i~opment & Et' Ad~niSntv[artonmental Services D~te SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "IBIS COVE PHASE TWO-C" , AND APPROVAL OF THE STANDARD FORM CONSTRUCTION A/TD MAINTENANCE AGREEMENT AND APPROVAL OF THE RMOUNT. OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Ibis Cove Phase Two-C", a subdivision of lands located in Section 27 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 "Ibis Cove Phase Two-C". 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. Engineering Review Section recommends that the final plat of "Ibis Cove Phase Two-C" be approved for recording. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The project cost is $110,786.43 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $49,684.50 b) Drainage, Paving, Grading - $61,101.93 The Security amount, equal to 110% of th~ project cost, is $121,865.07 SEP 1 0 2002 Executive Summary Ibis Cove Phase Two-C 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: $2577.55 Fees are based on a construction estimate of $110,786.43 and were paid in August, 2001, and May, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $533.25 b) c) Paving, Grading (1.3% const, est.) GROWTHMANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $248.42 Drainage, Paving, Grading (.42% const, est.)- $256.28 Cons_ruc._ion Inspection Fee Water & Sewer (1.5% const, est.) - $745-~7 Drainage, - $794.33 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding envlronm-~i issues H I STORICAL/ARCHEOLOGI CAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Ibis Cove Phase Two-C" for recording with the following stipulations: 1. Approve the amount of $121,865.07 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. ~AG~3~)~ SEP 1 0 2002 2. Executive Summary Ibis Cove Phase Two-C Page 3 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: John R. Houldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: Josep~ ~. Schmitlt,' Administrator CommuDi~y Development & Environmental Services Da't e' SEP 1 0 2002 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "LAUREL LAKES PHASE TWO AT LAURELWOOD, A P .U.D.", 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 "Laurel Lakes Phase Two at Laurelwood, a P.U.D.", a subdivision of lands located in Section 27 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 "Laurel Lakes Phase Two at Laurelwood, a P.U.D." 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. Engineering Review Section recommends that the final plat of "Laurel Lakes Phase Two at Laurelwood, a P.U.D." be approved for recording. This Executive Summary has been reviewed and Transportation Services and Public Works Utilities. approved by FISCAL IMPACT: The project cost is $740,000.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $252,030.90 - $487,969.10 The Security amount, equal to 110% of the project cost, is $814,000.00 SEP 1 0 2002 Executive Summary Laurel Lakes Phase 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: $14,020.68 Fees are based on a construction estimate of $740,000.00 and were paid in May, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 587.20 b) c) Paving, Grading (1.3% const, est.) GROWTH M~NAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1,260.15 Drainage, Paving, Grading (.42% const, est.)-$2,049.47 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3,780.46 Drainage, - $6,343.60 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 archeological impacts F2%C RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Laurel Lakes Phase Two at Laurelwood, a P.U.D." for recording with the following stipulations: Approve the amount of $814,000.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. SEP 1 0 2002 Executive Summary Laurel Lakes Phase Two Page 3 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: ~ohn R. Houldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Da~ ~ APPROVED BY: Joseph K~/~S~ator Commu~ Development & Environmental Services Dat% SEP I 0 SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "LAUREL LAKES PHASE THREE AT LAURELWOOD, A P.U.D.", 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 "Laurel Lakes Phase Three at Laurelwood, a P.U.D.", a subdivision of lands located in Section 27 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 "Laurel Lakes Phase Three at Laurelwood, a P.U.D." 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. Engineering Review Section recommends that the final plat of "Laurel Lakes Phase Three at Laurelwood, a P.U.D." be approved for recording. FISCAL IMPACT: The project cost is $446,000.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $166,357.40 - $279,642.60 The Security amount, equal to 110% of the project cost, is $490,600.00 SEP ! 0 2002 Executive Summary Laurel Lakes Phase Three 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: $8,696.00 Fees are based on a construction estimate of $446,000.00 and were paid in May, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 559.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 831.79 Drainage, Paving, Grading (.42% const, est.)-$1,174.50 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2,495.36 Drainage, - $3,635.35 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 archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Laurel Lakes Phase Three at Laurelwood, a P.U.D." for recording with the following stipulations: Approve the amount of $490,600.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. SEP 1 0 2002 Executive Summary Laurel Lakes Phase Three Page 3 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: John R. Houldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: J~s~h K. ~m~tt, A~ministrator unity Development & Environmental Services D~t~ S£P 1 0 2002 I)1,.___,-~ - EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "KETCH CA~ AT WINDSTAR, UNIT ONE" OBJECTIVE: To grant final acceptance of associated with that subdivision Unit One" the infrastructure known as "Ketch Cay improvements at Windstar, CONSIDERATIONS: 1. On November 22, 1994, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Ketch Cay at Winds%ar, Unit One" 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The sewer improvements will be maintained by the County. The City of Naples maintains the water distribution system in Windstar. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH M]%NAGEMENT IMPACT: None SEP 1 0 LMm02 Executive Summary Ketch Cay at Windstar, Unit One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Ketch Cay at Windstar, Unit One" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. . 2. Authorize the release of the maintenance security. PREPARED BY: Joh~ R. ~uld~w0rth, Engineering Review Engineer Date REVIEWED BY: [ ~ Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: J ~~tt, Ad~inistrato tyDev. and Environmental SVCS. SEP 1 0 2002 S~"IdVN ~0 ,L,LID 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 4o 41 42 43 44 45 46 47 48 49 5O RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER A_ND SEWER IMPROVEMENTS IN KETCH CAY AT WINDSTAR, UNIT ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 21, 1994 approved the plat of Ketch Cay at Windstar, Unit One for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIF. R COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Ketch Cay at Windstar, Unit One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Ketch Cay at Windstar homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK 51 52 53 Approved as to form and legal Y $6 57 58 59 60 61 Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN SEP 1 0 2002 P~. ~ EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "KETCH CAY AT WINDSTAR, UNIT TWO" OBJECTIVE: To grant final acceptance of associated with that subdivision Unit Two" the infrastructure improvements known as "Ketch Cay at Windstar, CONSIDERATIONS: 1. On November 22, 1994, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Ketch Cay at WindsYar, Unit Two". 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The sewer improvements will be maintained by the County. The City of Naples maintains the water distribution system within Windsuar. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Developmen~ Services has inspected the improvemenYs and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None 2002 Executive Summary Ketch Cay at Windstar, Unit Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Ketch Cay at Windstar, Unit Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Jose~~rator CommunAty Dev. and Environmental SVCS. SEP 1 0 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN KETCH CAY AT WINDSTAR, UNIT TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 26, 1994 approved the plat of Ketch Cay at Windstar, Unit Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Ketch Cay at Windstar, Unit Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Ketch Cay at Windstar homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal cy Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN SEP I 0 2002 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "KETCH CAY AT WINDSTAR, UNIT THREE" OBJECTIVE: To grant final acceptance of the associated with that subdivision known Unit Three" infrastructure improvements as "Ketch Cay at Windstar, CONSIDERATIONS: On April 12, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Ketch Cay at Windstar, Unit Three". The roadway and drainage improvements will be maintained by the project's homeowner's association. The sewer improvements will be maintained by the County. The water distribution system within Windstar is maintained by the City of Naples. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None SEP 1 0 2002 Executive Summary Ketch Cay at Windstar, Unit Three Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Ketch Cay at Windstar, Unit Three" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Jo~e/h K. Scfin~itt, Admi~fistrator C~mMunity Dev. and Environmental SVCS. D~te' SEP 1 0 2002 Sg"IdYN ~0 SEP 1 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN KETCH CAY AT WINDSTAR, UNIT THREE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQLrl]LED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 8, 1994 approved the plat of Ketch Cay at Windstar, Unit Three for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR1DA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Ketch Cay at Windstar, Unit Three, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Ketch Cay at Windstar homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK 51 52 53 Approved as to form and legal 54 (~1~ier~cy: Patrick G. White Assistant Collier County Attorney 57 58 59 6O 61 By: JAMES N. COLETTA, CHAIRMAN SEP 1 0 2002 _~CUTIVE S~Y REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF .STONEBRIDGE UNIT FOUR" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Stonebridge Unit Four" CONSIDERATIONS: 1. On September 21, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Stonebridge Unit Four" 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH M~NAGEMENT IMPACT: None SEP 1 0 2002 Executive Summary Stonebridge Unit Four Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Stonebridge Unit Four" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. . 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: Community Dev. and Environmental Svcs. SEP 1 0 2002 pg. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O 51 52 53 55 56 57 58 59 6O 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER I]~IPROVEMENTS IN STONEBRIDGE UNIT FOUR, RELEASE OF THE ~ENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 28, 1997 approved the plat of Stonebridge Unit Four for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Stonebridge Unit Four, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and-other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Stonebridge Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: D~rIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN SEP 1 Il 21102 EXECUTIVE SLR~M~RY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "STONEBRIDGE UNIT FIVE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Stonebridge Unit Five" CONSIDERATIONS: On January 24, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Stonebridge Unit Five" The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH M~NAGEMENT IMPACT: None 2002 Executive Summary Stonebridge Unit Five Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Stonebridge Unit Five" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer D~te ' APPROVED BY: JoSh K~trator C~m~unity Dev. and Environmental Svcs. SEP 1 20 2 (LC I~) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 56 57 58 59 6O 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE AND WATER AND SEWER IMPROVEMENTS IN STONEBRIDGE UNIT FIVE, RELEASE OF THE MAI2qTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September l, 1998 approved the plat of Stonebridge Unit Five for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Commumty Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Stonebridge Unit Five, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that th~ County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Stonebridge Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: ~ Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA , CHAIRMAN SEP ! 0 2002 ~XECUTIVE SUMM]~¥ REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN STRAND REPLAT TRACT 15" OBJECTIVE: TO grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Strand Replat Tract 15" CONSIDERATIONS: On January 26, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat Tract 15". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None SEP 1 0 21)02 I Executive Summary Pelican Strand Replat Tract 15 Page 2 RECOMMENDATION .' That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat Tract 15" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth~ Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Da~~~L APPROVED BY: Svcs. $£P 1 0 2002 'i p~,. ,,2-. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 50 51 52 53 55 56 57 58 59 6O 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN STRAND REPLAT TRACT 15, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT KEQUII~D TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 9, 1999 approved the plat of Pelican Strand Replat Tract 15 for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Strand Replat Tract 15, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Strand homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficien~ Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN SEP 1 0 2002 I)8o_ ~ EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADW]%Y, DRAINAGE, W]%TER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VANDERBILT COUNTRY CLUE - 2" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Vanderbilt Country Club - 2 " CONSIDERATIONS: On May 25, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Vanderbilt Country Club - 2" The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH M~NAGEMENT IMPACT: None SEP I 0 2002 Executive Summary Vanderbilt Country Club - 2 Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Vanderbilt Country Club - 2" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: ~n- R. Ho-ul-dsworth, Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Josep~K/ Schmf{t', 'AdminiStrator Commuhi~v Dev. and Environmental SVCS. D[te' SEP 0 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 51 52 53 55 57 58 59 6O 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF aTHOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VANDERBILT COUNTRY CLUB - 2, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE WATER AND SEWER IMPROVEMENT'S THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 25, 1995 approved the plat of Vanderbilt Country Club - 2 for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, and water and sewer improvements in Vanderbilt Counrty Club - 2, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Vanderbilt Country Club Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORIDA By:. JAMES N. COLETTA , CHAIRMAN Approved as to form and legal sufficiency: ~ Patrick G. White Assistant Collier County Attorney SEP I 0 2002 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR FA~I~Y PRESERVE APARTMENTS OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Fairway Preserve Apartments, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on May 1, 2001, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. S01/97364, in the amount of $114,620.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated July 24, 2002. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. SEP 1 0 2002 Executive Summary Fairway Preserve Apartments Page Two GROWTH ~%NAGE~T IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. RECO~ATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Fairway Preserve Apartments, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: ~~~~ ~ ' lan Sh-irie~ ~x, Ehglneering Tecnnic' Engineer~_~g Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Dat/e/~/~ APPROVED BY: SERVICES SEP 1 0 1 i . SE? 10 2o~2 Key ank A KeyCorp Book KEYBANK NATIONAL ASSOCIATION INTERNATIONAL OPERATIONS 127 PUBLIC SQUARE CLEVELAND, OHIO 44114-1306 U.S.A. SWIFT: KEYBUS33LCC TELEX: 212525 SNB UR FAX: (216) 689-4364 PHONE: (216) 689-7032 Irrevocable Standby Letter of Credit No. S01/97364 DATE: March 13, 2001 Beneficiary: The Board of County Commissioners Collier County, Florida Government Complex Naples, Florida 34112 Applicant: Fairway Preserve Apartments at Olde Cypress, Ltd. 4600 St. Croix Lane Naples, Florida 34109 AMOUNT: USD 114,620.00 EXPIRY: March 7, 2002 Gentlemen, By order of our client, Fairway Preserve Apartments at Olde Cypress, Ltd., 4600 St. Croix Lane, Naples, Florida 34109, we hereby open our Irrevocable Standby Letter of Credit No. S01/97364 in your favor, for an amount not to exceed the aggregate of United States Dollars One Hundred Fourteen Thousand Six Hundred Twenty and 00/100 effective immediately and expiring at KeyBank National Association, International Operations (OH-01-27-0706), 127 Public Square, Cleveland, Ohio 44114-1306 on March 7, 2002. Funds under this Letter of Credit are available against your sight draft(s) on KeyBank National Association, Cleveland, Ohio 44114-1306 mentioning thereon our Credit number S01/97364. Each such draft must be accompanied by your signed written statement purportedly signed by the county manager, certifying that, "Fairway Preserve Apartments at Olde Cypress, Ltd. has failed to construct and/or maintain the water and sewer improvements as shown on the plans for the Board of County Commissioners Collie~: County, Florida or a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the beneficiary." Draft(s) drawn hereunder must be marked "Drawn, under KeyBank National Cleveland, Ohio Letter of Credit No. S01/97364 dated March 13, 2001 ." ****CONTINUE ON PAGE TWO**** ~t~orized ~ignatu~MD'T ;/' Authorized Signature - Key ank A KeyCorp Bank KEYBANK NATIONAL ASSOCIATION INTERNATIONAL OPERATIONS 127 PUBLIC SQUARE CLEVELAND, OHIO 44114-1306 U.S.A. SWIFT: TELEX: FAX: PHONE: KEYBUS33LCC 212525 SNB UR (216) 689-4364 (216) 689-7032 ****CONTINUATION - PAGE TWO OF IRREVOCABLE STANDBY LETTER OF CREDIT NO. S01197364 DATED MARCH 13, 2001. Any draft drawn under this credit must at the time of negotiation be endorsed on the reverse side of this form and the presentation of any draft shall be a warranty by the negotiating bank that such endorsement has been made. This credit must be attached to any draft which is presented direct to us. We hereby engage with bona fide holders that draft drawn strickly in' compliance with the terms of this credit and amendments shall meet with due honor upon presentation. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 REV), International Chamber of Commerce Publication No. 500. SEP 1 0 2O62 ~'~'~ '~'~~~Authorized Sign:tu~~/ID~'- - Authorized Signature KeyB nk A eyGorp Bank KEYBANK NATIONAl ASSOCIATION INTERNATIONAL OPERATIONS 127 PUBLIC SQUARE CLEVELAND, OHIO 44114-1306 U.S.A. Irrevocable Standby Letter of Credit No. S01197364 Beneficiary: The Board of County Commissioners Collier County, Flodda Government Complex Naples, Flodda 34112 SWIFT:KEYBUS33LCC TELEX:212525 SNB UR FAX: (216) 689-4364 PHONE: (216) 689-7032 DATE: Apdl 2, 2001 Applicant: Fairway Preserve Apartments at Olde Cypress, Ltd. 4600 St. Croix Lane Naples, Florida 34109 AMOUNT: USD 39,809.05 EXPIRY: March 7, 2002 AMENDMENT NUMBER ONE Gentlemen Please be advised that we are amending the above Letter of Credit 1) 2) Effective Apdl 2, 2001 Letter of Credit amount decreased b'. exceed USD 39,809.50 (United States Dollars Thirty Nine It is a condition of this Credit that it shall be automatically rE year from the present expiration date, unless at least thirty The Board of County Commissioners, Collier County, Flori( Credit for such additional pedod. However under no circum Credit be extended beyond Mamh 7, 2003. All other terms and conditions remain unchanged. This is the operative instrument which forms an integral part of the I thereto. Au o~~z~ Signature/~'~'~m Authorized Signature *NOTE: Please sign and return a copy of this Amendment evidencing your acceptance. We hereby consent to this Amendment The-Board of County C(~mr~issioners, Collie-r Count3f, Flodda i SEP102002 , ~1~. evBank ~yC~p Bank KEYBANK N'~ ~,~ONAI, ASSOCIATION - TER~AT IO,':AL OPERATIONS .127 PUBI, IC SQUARE ~,,EVELA!;D, OHIO 44114-13~6 SWIFT~ KEYBUS33,,~C TELEX, 212525 S.B UR FAX, (216) 689-4~6 Pr{ONE, (216) 689~7~32 ~5/24/~] T~E BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GOVERNMENT COMPLEX NAPLES, FLORIDA 34112 USA Re, Our StandBy Le~er .e~Bank National Asso~latloa Is pleased to annouacs th~ celocatlo. of our StandDy L~er~ cf Credit ProcessJn~ "-'to.~ to ou~"~ -.~w offices on Ju~ 9, 2~I. As a result of our move, we must amend the above referenced letter Eft--ti.= Jun~ 8, 2¢¢], a.= ~ . ~ KeyBank "-' ~- 49]¢ Tl-~-man Eoad, 4t~, Cleveland, Ohio 44144-2338 new phone number wJ]] ~e 21~. o~ '7 ~.~3-3 ~l and =ur fax ....... 216-B13-3719, .... SEP 1 0 2002 ZNTERNATIONAL OPgRATIO:;S C~ ] 2'7 PUBI, IC ~UARE CLE,r~'5[~D OH'n~ 44114-1386 SWIFT~ K~''~ ~, ~US33 I, CC TELE"~,~. 212525 SNB UR FAX: {2]6) 689-4~6 PHONE: ~216; $B9-7~32 BeneflcJary~ At:p] ~cant .- FAIRWAY PR~S~RVg APARTMENTS OF OLDE CYPRESS, I, TD. 46~o~.~ CROIX LANE ~,F,~, FL 34] 3.9 I~AP' c Our Stand[sy Le++er~ of C:zdlt l~o. SCI ,'9';~:~4/ P]ea~= be advised that '.'~ u~ ;imendm~nt-~"~. _,n to our t,~-zcr $EP 1 0 2002 ¥;,[,-;'/7_.- ~ '- .7 EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY, INC. (EDC) TO EXECUTE CONTINUATION OF THE ECONOMIC DIVERSIFICATION PROGRAM AND PROVIDE A CONTRIBUTION TO THE EDC OF UP TO $400,000 FOR FISCAL YEAR 2002-2003 OBJECTIVE: To promote economic development initiatives to diversify the Collier County economy, create high-wage value-added jobs, and enable all county residents to have meaningful opportunity for upward mobility. CONSIDERATIONS: On September 18,2002, the Board of County Commissioners is scheduled to consider adoption of the Fiscal Year 2002-03 budget, which includes a continuation of the public/private partnership between the County and the EDC, known as the Economic Diversification Program. The Program was established to increase year round high wage employment opportunities for county residents and improve the economic stability of Collier County. FISCAL IMPACT: The Economic Development Council is committed to providing $250,000 as the private sector participation in the Program. The County, through the proposed budget, will appropriate $498,500 to the Program which is included in the FY 2002-03 Financial Administration and Housing Department's budget request. Up to $400,000 of the County's appropriation will be contributed to the EDC on a reimbursement basis beginning 10/1/02, as prescribed in the attached Agreement between the County and the EDC. GROWTH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not include an Economic Development Element. However, the Board of County Commissioners has identified economic diversification as a Strategic Goal that will serve to strengthen the economic viability of Collier County. RECOMMENDATIONS: the County and the EDC for FY 2002-03. PREPARED BY: ~ ' ~ Hele~ Caseltine, CEcD Economic Developmcrlt,Manager "Denton Baker, Director Financial Administration & Housing Improvement APPROVED BY: /_J~seph .K. ~hmitt, Administrator /~;Ommunity Dev. & Environmental Services That the Board of County Commissioners approve the Agreement between Date Date Date SEP 1 0 2002 AGREEMENT THIS AGREEMENT is entered into this ~ day of 2002, by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "COUNTY", and the Economic Development Council of Collier County, Inc. a Florida not-for-profit corporation, hereinafter referred to as the "EDC". WITNESSETH Whereas, the Legislature of the State of Florida, Enterprise Florida and the County determined there is a need to enhance economic activities in the State and Collier County, by retaining, expanding and attracting high wage jobs through economic diversification and development in order to promote a stronger, more balanced, and stable economy; and WHEREAS, to implement this goal the State Legislature has adopted Chapter 159, Florida Statutes, including the Revenue Bond Act of 1953, the Florida Industrial Development Financing Act, and Industrial Development Authorities, Housing Finance Authorities, and Research and Development Authorities; and WHEREAS, the County now finds and determines that it is in the public interest of the citizens of Collier County to assist the EDC through this contract in the EDC's business diversification program to expand the County's tax base, to expand the employment opportunities of the residents of the County, to increase economic mobility for residents and thereby reduce the associated burdens placed on local government and the private sector taxpayers; and WHEREAS, the EDC is a private not-for-profit corporation created by the initiative of the private sector business community for the purpose of retaining, expanding and recruiting high wage jobs for Collier County; and WHEREAS, the EDC performs many business diversification activities which are not performed by the County and which are essential to successful business diversification in Collier County; and WHEREAS, the County recognizes that successful business diversification requires confidentiality with respect to the plans, objectives, criteria, and corporate information of business candidates for retention, expansion, and recruitment and that such confidentiality is in the public interest of the citizens of Collier County; and WHEREAS, the County finds that it is essential to the public interest to have an appropriate accounting of the expenditure of public funds, especially by a non-public agency such as the EDC; and WHEREAS, the Legislature of the State of Florida has recognized in Section 812.081, Florida Statutes, and in other provisions of said statutes, the public interest in maintaining certain confidentiality in the business diversification and development process; and WHEREAS, the County finds the EDC is an especially appropriate entity to facilitate business diversification and development in Collier County which includes providing business candidates with the type of confidential assistance which is essential to successful business diversification and development; and WHEREAS, pursuant to the Florida Industrial Development Financing Act, Part II of Chapter 159, Florida Statutes, the County is permitted to issue Industrial Development Revenue Bonds; and WHEREAS, in connection with the performance of its responsibilities, the Industrial Development Authority (IDA) receives, investigates and reviews applications from various parties seeking issuance of such Bonds; and A rW.M SEP 1 0 2002 WHEREAS, the EDC performs certain functions on behalf of the IDA in reviewing, processing and/or presenting such bond applications; providing continuing administration with respect to Bond issues which have been placed; and performing other specified functions; and WHEREAS, it is in the best interest of the County to enter into a contract with the EDC to conduct activities in accordance with the terms and conditions set forth herein; and WHEREAS, the EDC has in the past, and will continue in the future to expend substantial sums from its private sector membership dues to promote economic diversification; and WHEREAS, the business community in Collier County annually pays approximately $505,000.00 to the County in occupational license fees; and WHEREAS, the County has appropriated for the County's fiscal Year 2002 (October 1, 2002 - September 30, 2003), the sum of Four Hundred Thousand and 00Il00 ($400,000), to the EDC, to conduct economic diversification and development activities. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. ARTICLE 1 The County hereby grants to the'EDC up to $400,000.00 for the term of the Agreement for the EDC's business diversification and development activities, conducted in cooperation with the County, as described in the Summary Budget attached hereto as Exhibit "A". The EDC shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A," subject to the maximum total amount. Each individual line item may be increased or decreased by up to ten percent (10%) at the discretion of the EDC. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. The payment of the County's grant shall be made to the EDC in bi-monthly installments, (to be interpreted as twice a month), as expenses are accrued and invoices are received, commencing with the first month of this Agreement. Once said funds are expended, this Agreement will automatically terminate. In no event shall the County pay the EDC more than the appropriated amount of $400,000 during the term of this Agreement. The EDC shall, within 30 days following the 18th bi-monthly installment, (to be interpreted as the 9th month) certify the amount of EDC private funds obtained and written commitments received for funds payable during the pending contract year for the previous nine months. ARTICLE 2 The EDC shall on behalf of the County: a. Establish and maintain staff to process, investigate and review business candidates of firms which will retain, expand and/or create high wage jobs in Collier County. b. Provide business promotion collateral materials and business assistance services to business candidates. Use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds in accordance with the Summary Budget attached hereto as Exhibit "A". 2 SEP 3 0 2002 Furnish the County Administrator with a quarterly narrative progress report on the program and activities described in Summary Budget attached hereto as Exhibit "A". Such reports will contain basic statistical information relevant to the economic diversification public/private partnership program and a statement of expenditures made in each budget category and line items identified in the Summary Budget attached hereto as Exhibit "A". eo Furnish an annual report of expenditures of County funds in such form as the Clerk of Courts will prescribe. This report will be on a fiscal year of October 1 through September 30, and will be due on November 15, of each year. Agree that any equipment purchased in accordance with this Agreement will be taken up on an inventory record by the EDC and inventoried at least annually. Upon expiration of the useful life of such equipment, or termination of use by the EDC, whichever is later, such equipment will be returned to the County or disposed of as authorized in writing by the County. All listed equipment must be returned to the County upon termination of this agreement. The EDC shall purchase property insurance coverage to insure all real and personal property covered by this paragraph. Such policy shall name Collier County as a loss payee with respect to the loss of county purchased property. ARTICLE 3 ao The term of this Agreement shall be for a period of one (1) year to begin October 1, 2002 and end on September 30, 2003, unless earlier terminated in accordance with paragraph 2 below. Either party may terminate this Agreement upon one hundred eighty (180) days written notice to the other of its intention to terminate. In the event of termination, the County shall pay for services and costs incurred prior to the date of termination. With regard to the portions of payments made to the Board in excess of the services and costs incurred by the EDC prior to the date of termination, the EDC shall remit to the County all of such excess portions. c. After termination, and except as otherwise directed, the EDC shall: 1. Stop working under the Agreement on the date, and to the extent specified, in the notice of termination. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the Agreement as is not terminated. 3. Terminate all orders and subcontracts to the extent that they relate to performance of work which was terminated. Prepare all necessary reports and documents required of the terms of the Agreement up to the date of termination, including the final report due at the end of the program, if any, without reimbursement for services rendered in completing said reports beyond the termination date. The EDC shall give written notice of its intent to renew said Agreement to the Board of County Commissioners no less than one hundred eighty (180) days prior to the expiration of the Agreement, as necessitated by the County budget process. However, the County is under no obligation to renew such Agreement. ARTICLE 4 Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed , oc ~ A~i~DA modification of the terms of this Agreement. 5EP 1 0 2002 ~g. ARTICLE 5 Co do The parties deem the services to be rendered by the EDC for the County under this Agreement to be personal in nature. The EDC shall not assign any rights or duties under this Agreement to any other party without written permission of the County. If the EDC .attempts to assign any rights or duties without prior written permission of the County, this Agreement may be declared void by the County and the EDC thereupon agrees to remit to the County all payments made pursuant to this agreement for the entire term of this Agreement. The EDC shall not enter into agreements with subcontractors for any of the work contemplated under this Agreement without first obtaining written approval of the County subject to such conditions and provisions as the County may deem necessary; provided, however, that notwithstanding the foregoing, unless otherwise provided herein, such prior written approval shall not be required for purchase by the EDC of such articles, supplies, equipment, and services which are necessary and incidental to the performance of the work described herein. The requirements of this clause shall not be deemed in any event or manner to provide for the incurrence of any obligation of the County by any actions of the EDC. To the fullest extent permitted by law, the EDC will indemnify and hold harmless the County from and against all claims, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or resulting from the performance by the EDC of its responsibilities under this Agreement. The EDC is hereby declared by the parties to be an independent contractor for the performance of the economic diversification and development activities and will be responsible for the initiating, maintaining and supervising of all safety precautions and programs necessary in connection with this Agreement. The EDC shall not be considered a public agency as a result of its assumption of the duties described herein. The EDC agrees to comply with all applicable safety laws, ordinances, rules, regulations, standards and lawful order of any public authority having jurisdiction over the matter in question. ARTICLE 6 The County shall render payments bi-monthly (to be interpreted as twice a month), commencing October 1, 2002 through September 30, 2003. The EDC shall keep orderly and complete records of its financial accounts and financial transactions involving the funds provided to the EDC under this Agreement. The EDC shall open these records to inspection by County personnel at reasonable hours during the entire term of the Agreement. Any person duly authorized by the County shall have full access and the right to examine any of these records during the term of the Agreement and up to three (3) years thereafter. The EDC shall submit annual reports to the County, in form and substance, as prescribed in writing by the County, with regard to the activities of the public/private partnership for economic diversification. The EDC shall provide the County with its independent annual audit of the immediately proceeding fiscal year no later than January 31 of each year of this Agreement. Such audit will contain a detailed listing with useful lives, of equipment purchased by County-provided funds as described in Article 2f. The provisions of this paragraph will survive termination of this Agreement as to the fiscal years, or portions thereto during which this Agreement is in effect. ARTICLE 7 The EDC shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, sexual orientation, age, religion, ancestry, national origin, ham ;,.-~, "9~.l~A fftM ..... marital status. I~](~ tt~ ~ SEP 1 0 2002 ARTICLE 8 All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and if sent to the County shall be addressed to: Margaret Wuerstle Director of Planning Services Collier County 2800 North Horseshoe Drive Naples, FL 34104 And if sent to the EDC, shall be addressed to: Susan Pareigis President Economic Development Council of Collier County, Inc. 3050 North Horseshoe Drive, Suite 120 Naples, FL 34104 ARTICLE 9 Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed, by both parties hereto, and attached to the original of this Agreement. ARTICLE 10 The County's performance and obligation to pay under this contract is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. ARTICLE l 1 As provided in F.S. 287.132-133, by entering into thi§ Agreement or performing any work in furtherance hereof, the EDC certifies that is, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S.287.133 (3)(a). SEP 1 0 2002 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth above. ATTEST: Collier County, Florida By:. Board of County Commissioners Dwight Brock, Clerk of Courts James N. Coletta, Chairperson Date: WITNESS: blame (Printed) $iglTat~e / b/ ' - Name (Printed)' CONSULTANT: Economic Development Council of Collier County, Inc. EDC Board of Directors APPROVED AS TO FORM GAL SUFFICIENCY Assistant County Attorney SEP 1 0 2002 Exhibit "A" Budget Economic Diversification October 1, 2002- September 30, 2003 S400,000.00 ADMINISTRATIVE EXPENSES Including salaries, taxes and benefits $ 344,389.06 MARKETING EXPENSES Including but not limited to: Targeted indus'my Marketing Campaigns Collateral Publications- Business Essentials and Market Facts $ 55,610.94 EQUIPMENT PURCHASES $ 0.00 TOTAL AGENDA ITEM SEP 1 0 2002 EXECUTIVE SUMMARY APPROVAL OF THE MORTGAGE AND PROMISSORY NOTE FOR A TWELVE THOUSAND FIVE HUNDRED SIXTY-SIX ($12,566) DOLLAR LOAN TO COLLIER HOUSING ALTERNATIVES, INC., A NON-PROFIT HOUSING PROVIDER, TO ASSIST IN THE REHABILITATION OF FIFTEEN (15) SPECIAL NEEDS AFFORDABLE HOUSING UNITS. OBJECTIVE: To maintain the supply of affordable housing for persons with special needs in Collier County by granting a loan to Collier Housing Alternatives, Inc., a Florida Non-Profit Corporation, assisting in the rehabilitation of a 15 units of special needs affordable housing.. CONSIDERATION: The Collier County Department of Housing & Urban Improvement has set aside $12,566 from the State Housing Initiative Partnership (SHIP) funds for a zero interest loan to Collier Housing Alternatives, Inc., a non-profit special needs housing provider. This zero interest loan is provided for by the Rental Rehabilitation strategy approved by the Board of County Commissioners in the three-year SHIP Housing Assistance Plan on April 24, 2001. The County's interest will be secured by a mortgage on the property. The Rental Rehabilitation strategy requires a two to one match from the recipient, therefore Collier Housing Alternatives, Inc. is contributing $25,132 towards these repairs and the County is contributing $12,566. This project is also receiving a CDBG grant in the amount of $47,000. This SHIP loan will cover unexpected costs that arose during the rehabilitation. FISCAL IMPACT: Approval of this Mortgage and Note will grant a $12,566 loan to Collier Housing Alternatives, Inc. from the Affordable Housing Trust Fund. The loan shall be repaid over a twenty-year period in $628.30 increments, with the first payment due on September 1, 2003. Total payments shall be $12,566 due by September 1, 2022. Recording costs will be paid to the Clerk of Courts from the Affordable Housing Trust Fund. GROWTH MANAGEMENT IMPACT: This loan to Collier Housing Alternatives, Inc. will allow Collier County to enhance the development of special needs affordable housing in accordance with the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: That the Board of County Commissioners approve this Mortgage and Promissory Note. Cormac J. Giblin, H~ing Development Manager ' I D~qt~Houfinf and Urban Improvement REVIEWED BY: /~ ~ ~~4I'/''~-~ Date: (~"~' "~ l~enton Baker, Interim Director ~mment o~ ~ ~d Urban Improvement / / ~s;ph S~;~~ator / Co--unity Development and Environmental Services Division April 17, 2002 To whom it may concern: Collier FIo*_~ng Altemativez, Inc. is a subsidiary of the David Lawrence Cente~, a not-for profit Community Meo~.l Health Center in Naples. Collier Ho*m_'ng Alternatives i~ comprised of 5 eh ~mlexea which offo' a safe, least restrictive environment for 15 indivicb~s diagnosed with mental illness and whom are at very low income. The request for $12,~6.67 ia a loan form is a result of unforeseen funl~r deteri~:~on of the faci!~ related to foundation shifting. Collier Housing is in the pro~as of receiving fhnding in the ~ of $47,000, which was obtnined from a CDBG grant 01-02 award. In the process of awaiting , ~:i ?release ofth~ funds thc foundation shifting I~egan to women in condition resulting in an esfim~ed '~ i :~ ~ ili~ to~aling $84,700 of which $25,133.34 has been o~ained fxom the David Lawrence Cemer ~iF~ as leverage towards the cost of repair. This funding will be mili?ed as a 2 to I mn~ch :.i :;!~ii =.~ of the SHIP loan. Thc description of rq~iirs has been explained as a shift m the scope of . are in the midme due to not havi a concrete ,ase or when ,i~ to the most recent proposal dated February 21'*. by Consel, Inc. the fo,~tion damage is :i~al and a descriptive ~ed cxpl~on is provided in the attached papers. The fimdmg is ~ as the ira-teasing safety issues due to deterioration of the builclmg will lead to the the needed repairs to our facilities. We are requesting the loan in the form of 0% interest, payable over a 20-year period on a annual basis. Your consideration in this n~O__¢r is greatly appreci_'~ed. Fn:d Richams Director ACS/David Lnwrence Center Prepared by: Collier County Housing and Urban Improvement Dept. Mr. Cormac Giblin, HUI Manager 2800 N. Horseshoe Dr. Naples, FL 34104 941-403-2330 MORTC~AGE Security Instrument THIS SPACE FOR RECORDING THIS SECURITY INSTRUMENT is given on September ,2002. The Borrower is: Collier Houling Altern&tives, Inc. ("Borrower"). This Security Instrument is given to Collier County ('Lender'), which is organized and existing under the laws of the United States of America, and whose address is 2800 North Horee,=hoe Drive, N&~les, Flor£(ta 34014 . Borrower owes Lender the sum of Twelve Thouland Five Hunclrecl Sixty-six Doll&re ~ncl Sixt~,-eeven Cents (U.S.$ 12,556.67 ). Thisdebtis evidenced by Borrower's Note dated the same date as this Security Instrument which provides for monthly payments, with the full debt, if not paid earlier, due and payable on Se~teafi3er 1, 2022. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly described in Attachment A. (Legal Description) and which has the address of: ("Property Address"): 4121 Tb~eon Drive Naples, FL 34112 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security instrument as the 'Property'. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid, as the same respectively become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including 'service charges', incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a pedod of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid dudng the term of the Mortgage, and shatl, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain pdodty over this Secudty Instrumenl, and leasehold payments or ground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has pdodty over this Secudty Instrument unless Borrower: (a) agrees in wdting to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or {c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Secunty Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Secudty Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days ol the giving of notice. 5. Protection of Lender's Rights in the Properly. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enfome laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priodty over this Secudty Instrumer appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender ma take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragra 7 shall become additional debt of Borrower secured by this Secunty Instrument. Unless Borrower and Lender agree to ot terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. SEP 1 0 2002 6. Inspection. Lender or its agent may make reasonable enthes upon and inspections of the Properly. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the ta~king, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicabte law otherwise provides, the proceeds shall be applied to the sums secured by this Secudty Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 8. Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization o! the sums secured by this Secudty Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the onginal Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any dght or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 9. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 10. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 11. Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 12. Governing Law; Severability. This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 13. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 14. Transfer of the Property or a Beneficial Interest in Borrower. tf all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Secudty Instrument. Those conditions are that Borrower: (a) pays Lender alt sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Secudty Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 16. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer') that collects monthly payments due under the Note and this Secunty Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 17. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmenb Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authori that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Hazardous Substances" are those substances defined as toxic or hazardous substances I: Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic.petroleum products, toxic~ pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and SEP 1 0 21)02 radioactive materials. As used in this paragraph 20, "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 18. Acceleration; Remedies. Lender shall give notice to Borrower pdor to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not pdor to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Secudty Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the dght to reinstate after acceleration and the dght to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Secudty instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 19. Release. Upon payment of all sums secured by this Secudty Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 20. Attorneys' Fees. As used in this Security Instrument and the Note, 'attorneys' fees' shall include any attorneys' fees awarded by an appellate court. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: Renaissance Manor, Inc. Witness#1: Signature: Witness#2:. Signature: Signature: Borrower: Fred Richards, Director Collier Housing Alternatives, Inc. Address: STATE OF Florida COUNTY OF Collier The foregoing Mortgage was acknowledged before me this (date) by Fred Richards of Collier (name) (corporation Housinq Alternatives, Inc. He is personally known name) to me or has produced as identification. signature of person taking acknowledgment name of person typed; stamped title serial # (if any) Attachment A, Legal Description: ~:~.' i .~gal[ PINE VI.EW VILLAS BLK A LOT .... [ 39, LESS E 5FT OF N 60.01FT PROMISSORY NOTE September __, 2002 ao==ove=: Collier Housing Alternatives, 4121 Thomason Drive Irlc. Naples~ FLr 34112 (City) (State) 1. BO~(S) PP~4~SE TO PA~: I/We promise to pay Twelve Thousand Five Nundx~¢l S~xt~-six Dollaxe a~d Si~-aeven Cents ($12,$66.67) (this amount will be called "principal") to the order of Collier County or to any other holder of this Note (the "Lender"), whose address is 2800 Horseshoe Drive North! Naples, Florida 34104 . I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the Holder". 2. INTER~ST: Interest on this Note shall be zero percent [0%) per annum; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I/We pay it in full. 3. PA~I~NTS: Principal payments of $628.33 shall be made yearly beginning on September 1, 2003 and continuing each year thereafter to the Collier County Housing and Urban Lmprovement Department until payment in full is received by September 1, 2022. My/Our total payment shall be U.S. $12r$66.67 . 4. BORROWER'S RIGBT TO PREPAY: I/We have the right to make payments of principal at any time before they are due. A payment of principal only is know as a "prepayment". When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment 5. LOAN CHAR~ES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then (i} any such loan charges shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Molder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of any First Deed of Trust or mortgage and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust or mortgage including all sums advanced for the purpose of {a) protecting or further securing the lien of the First Deed of Trust or mortgage, Curing defaults by the Borrower under th~ First Deed of Trust or mortgage or for any other purpose expressly permitted by the First Deed of Trust or mortgage or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust or mortgage are paramount and controlling, and they supersede any other tera~ and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that (i} the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. 7. BO~(S) FAIL~RB TO PA! A~ REQOESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, I/we will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have to be paid back for all of its costs and expenses, including, but not limited to, ri attorneys' fees. OIVIN~ OF NOTICES: Unless applicable law required a different method, any notice be given to me/us under the Note will be given by delivering it or by mailing it class mail to me at the Property Address on Page 1 or at a different address if I/we Note Holder a notice of my/our different address. 1 must 1 0 2002 10. 11. 12. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that different address. OBLIgaTIONS OF PF. RSONS UNDER TBIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. ~'4T,~S: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Present~ent" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. %~FX~M BZ~ NOT~: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same data as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instr~ent describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require i~unediate payment in full or all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a perlod of not less than thirty (30) days from the date the notice is delivered or mailed, within which Borrower must pay all sums secured by this Security Instrument. If Borrower(s) fall to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. note ia governed and construed in &ccor~ance with the Laws of the S~&te of Florida. WITNESS THE ~J~ND(S) AND SEAL(S) OF THE UNDZRSI~NED. Borrower (Seal) Fred Richards, Director Collier Housing Alternatives, Inc. HET%~RNTO: Collier County Housing & Urban Improvement Department 2800 North Horseshoe Drive Naples, FL 34104 Phone: (941) 403-2330 Fax: (941) 403-2331 SEP 1 0 2082 EXECUTIVE SUMM~RY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VANDERBILT COUNTRY CLUB" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Vanderbilt Country Club" CONSIDERATIONS: On July 28, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Vanderbilt Country Club". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The Coun%y Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. This Executive Summary has been reviewed and approved by the Transportation Services Division and the Public Works Utilities Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH ~NAGEMENT IMPACT: None SEP 1 0 2002 Executive Summary Vanderbilt Country Club Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Vanderbilt Country Club" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review Director ,/ County Engineer APPROV Y: SVCS. Date SEP 1 0 2002 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 RESOLUTION NO. 02- RESOLUTION TO AUTHOPdZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN VANDERBILT COUNTRY CLUB, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTEN~CE 1LESPONSI~ILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT A.RE NOT REQUIRED TO BE MAINT~D BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 28, 1998 approved the plat of Vanderbilt Country Club for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements, and release of its maintenance security for said facilities; and V~q-IEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, and water and sewer improvements in Vanderbilt Country Club, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Vanderbilt Country Club Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to forra and legal sufficiency: Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN SEP!02002 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR ,,LIVINGSTON ROAD, PHASE ONE (IMMOKALEE ROAD TO MEDITERRA ENTRANCE)" OBJECTIVE: To 9rant final acceptance of the associated with that project known as Immokalee Road to Mediterra Entrance" infrastructure improvements ,'Livingston Road, Phase One CONSIDERATIONS: On November 22, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Livingston Road, Phase One Immokalee Road to Mediterra Entrance". o The roadway and drainage, and water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Transportation Services Department has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the County's Transportation Services Department through their operation and maintenance budget. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None SEP 1 0 2002 ~g:., / Executive Summary Livingston Road, Phase One Page 2 RECOM/~ENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements for "Livingston Road, Phase One Immokatee Road to Mediterra Entrance" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: J~hn R. Houldsworth, Engineering Review Engineer REVIEWED BY: ' z Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date D~te ' APPROVED BY: Commufii~y. Dev. and Environment SVCS. SEP 1 0 2002 L/' I I 'i 2 i ROAD - E/W ROYAL PA~k~ ACA~£MY MAP "7, BiS P(~fl~.. T~AC! L, nEC POOL PROF'[ES~ONAL PARK , F1RST 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5o 51 52 53 55 56 57 58 59 6o 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS FOR LIVINGSTON ROAD PHASE ONE, IMMOKALEE ROAD TO MEDITERRA ENTRANCE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 22, 2000 granted preliminary acceptance to the improvements for Livingston Road Phase One, Immokalee Road to Mediterra Entrance; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and server improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and x,V[-IEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Transportation Services Department and Public Works Utilities Department have inspected the roadway, drainage, and water and sewer improvements, and are recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements for Livingston Road Phase One, Immokalee Road to Mediterra Entrance, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: ~q Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN SEP 1 0 2002 EXECUTIVE SUMMARY APPROVAL TO MAINTAIN THE CURBED MEDIAN AREA AT THE INTERSECTION OF RADIO ROAD AND COMMERCIAL BLVD. OBJECTIVE: To gain Board approval to provide maintenance service to the existing curbed median at the intersection of Radio Road and Commercial Blvd. CONSIDERATIONS: At its June 3, 2002, meeting the Radio Road Beautification Advisory Committee requested that since the MSTU currently funds the median maintenance on Radio Road and the County MSTD funds the side road maintenance, that the MSTD include the current maintenance and future improvements of the curbed median located at the intersection of. Radio Road and Commercial Blvd. as an additional side road service responsibility. Mr. Jolm A. Wanklyn President, CCPP, Inc., Managing General Partner, Radio Road Joint Venture has provided a letter dated June 4, 2002, that he, as developer, has no objection to the County maintaining the curbed median located in the public right-of-way. ,~',.~FISCAL IMPACT: A Purchase Order has been issued to Commercial Land Maintenance, Inc., f--~r tl-~e ~nn'-'~al '~-'~D side road maintenance. CLM has indicated that if no improvements are made to the curbed median this FY 01/02, that there would be no added cost to the current Purchase Order. Future landscape improvements are estimated to be approximately $4,000.00 with the maintenance service cost to be per Contract Unit Pricing. All costs will be budgeted mmually. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: The Board approve the County MSTD including the current and future annual maintenance and any future improvement costs of the curbed median located at the intersection of Radio Road and Commercial Blvd. as an addition side road service responsibility, per the Radio Road Beautification Advisory Committee's request. SUBMITTED BY: (~) ~/~/,/~, ctc DATE: Val Prince, ~oject M~ager Lpndscape Maintenance / / . ~M Vliet, Superi~endent Transpoaatio~ Maintenance RE VIE~D BY: '~ ~~~' ~~Z' D ATE: MiChael ~tela~aki, PE, Transportation Road Maintenance Director APPROVED Noma~ ~der~ ~CP, Transportation Administrator No.AG~, i~EM SEP 1 0 2002 EXECUTIVE SUMMARY APPROVE BY RESOLUTION THE LOCAL AGREEMENT BETWEEN COLLIER COUNTY DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF RAMP IMPROVEMENTS ROAD/I-75 INTERCHANGE IMPROVEMENTS. AGENCY PROGRAM AND THE FLORIDA THE DESIGN AND FOR THE IMMOKLEE APPROVED BY: OBJECTIVE: Board approval of the negotiated Agreement for the Design and Construction of Ramp Improvements for the Immokalee Road and 1-75 Intersection by Resolution. CONSIDERATION: The Board of County Commissioners and the County's Transportation Division have recognized the need for significant improvements to the Immokalee Road/I-75 interchange due to ever increasing traffic volumes. On July 24, 2002, the Board of County Commissioners awarded the lowest bid for constructing these improvements to Better Roads, Inc. The Florida Department of Transportation (FDOT) and a private development company have committed financial participation to complete this important project. At this time, the County and the FDOT have drafted a Local Agency Program (LAP) Agreement that provides for Six Hundred Twelve Thousand Five Hundred Dollars ($612,500.00) in funding. Approval of this LAP Agreement will allow the County to receive funding and proceed with construction with Better Roads, Inc. The proposed agreement has been reviewed and approved for legal sufficiency by the County Attorney's Office. .?FISCAL IMPACT: Funding for this project will come from the Transportation ~.,~' Supported Gas Tax Fund and Impact Fee Funds. When the project is complete, FDOT will reimburse Collier County $612,500.00 which will be deposited into the Transportation Gas Tax Fund. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #66042) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Resolution and the Agreement and authorize the Chairman to sign both documents. . ,-ATE. SUBMITTED B~: /q~//~, ~,/-7'"~ . . . .. ~"~ ' ------.-- {jL~)~qn.~. Tl~rpe, P.E/, Principal Project Manager ;e, Director, T.E.C.M. -lq'onffa~r~ E. l~ed~er, Ai-cP, Administrator Transportation Division AGENDa, ITEM No.~ SEP 1 0 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. 2002 A RESOLUTION OF TilE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE COUNTY'S ENTRY INTO A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDS FOR RAMP AND ROADWAY IMPROVEMENTS AT INTERSTATE HIGHWAY 75 AND iMMOKALEE ROAD. WHEREAS, Collier County desires to enter into an Agreement with tile Florida 14 Department ofTransportation [FDOT] in which tile County asstlmeS rcsponsibility for 15 certain improvements to the ramps at Interstate Highway 75 [1-75] and hnmokalee Road 16 in exchange for state fimding for this project; and 17 WHEREAS, Collier County desires tile improvements to lmmokalee Road at 1-75 18 as set forth in thc Agreement attached hereto as Exhibit "A"; and 19 WHEREAS, Collier County has applied to the Florida Department of 20 Transportation for Six Hundred-Twelve Thousand-Five lhmdrcd Dollars [$612,500.00] 21 to pay for cost and said equipment for the project and FDOT has agreed to supply the 22 funding; and 23 WHEREAS, thc Agreement provides for Collier County to complete the work by 24 the year 2006; and 25 WHEREAS, the Agreement provides that Florida Departnmnt of Transporlation 26 shall make the funds available; and 27 WHEREAS, it is to the mutual benefit of Ihe parties hereto thai Collier County 28 and FDOT enter into this Agreemea~t; and 29 WHEREAS, this Agreement promotes a more effective and efficient use of State 30 and local resources. 31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 32 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 33 34 The Collier County Board of County Commissioners approves the County's entry into a 35 Local Agency Program Agreement with the State of Florida Deparlment of 36 Transportation for funds for roadway improvements described in Exhibit "A" attached 37 hereto and authorizes its Chairman to execute said Agreement. 38 39 AGENDA ITEM .~, NO. l[.:(~ (';-.-.-~ SEP 1 0 2002 pg. "3r-. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 This Resolution adopted this __ day of motion, second and majority vote favoring same. Attest: DWIGHT E. BROCK, Clerk ,2002 after Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form & legal sufficiency: JAMES N. COLETTA, Chairman 24 27~t"~lin~ Hubba~ 15,o~nson 28 Assistant County Attorney AGENDA IT[M ~ NO. ~:; ~ SEP 1 0 2002 p~, FPN No. 413051-1-58-01 Federal No.O_755 074 I FPN No, Federal No: EXHIBIT "A" State of Florida Oepadment of Transportation LOCAL AGENCY PROGRAM AGREEMENT CONS'I~ UCI"ION OGC · Fund:~15 Org. Code:55014010106 Fund: Org. Code:_ FLAIR AppropO.--88716 FLAIR Obj.:790091 FLAIR Approp: FLAIR Obj.: Contract No: Vendor No.:E596000558057 County No. ~3_ Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and ~ hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency 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 including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes toenter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree a follows: 1.00 Purpose of Agreement:The purpose of this Agreement is to provide for the Department's participation in ~,-,~,roveme and as further described in Exhibit "A" attached hereto and by this reference made a part qinor interchanae i~'~d the I~r-oject, and to provide Departmental financial assistance to the Agency and state the terms hereof, hereinafter ~' and conditions upon which such assistance will be provided and the understandings as to the manner in which the projec will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A & B are attached hereto and by this reference made a part 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 04/16/2006 If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum,l other proceeding or authorization is requisite under applicable law to enable the Agency to ent( undertake the project hereunder, or to observe, assume or carry out any of the provisions of th, will initiate and consummate, as provided by law, all actions necessary with respect to any sucl 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all procee¢ Federal-aid requirements, to enable the Agency to provide the necessary funds for completion qJF'~ u ~'~.l--u ~'ull'"u'u ~ ce '~-~"tl : Agr~'em~nt;me Agen~.y matt~o .ngs necessar~induding F~Oe :2 ol 12 2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, re~rds, contracts and other documents relating to the project as the Department and the Federal Highway Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 612,500.00 . This amount is based upon the schedule of funding in Exhibit "B" attached heretO and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available.. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a pedod of more than one year, the provisions of Section 339.135(6)(a), Flodda Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure dudng such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Depadment that funds are available prior to entedng into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making o contracts for pedods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than I year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. . 3.07 Limits on Federal participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and :>olicies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal on account of any cost incurred pdor to authorization by the FHWA to the Department to proceed thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Depadment determines that any an eligible, Federal participation may be approved in the amount determined to be adequately suppo shall notify the Agency in wdting citing the reasons why items and amounts are not eligible for Fcc Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal until compliance is obtained. Where non-compliance is not correctable, FHWA or the Departmenl : .....,~ ,.,- ~,,,-,:o,-~ r-n~ ;n n~rt nr in tetal. ~i~lN~e pio~Jpr part )unt ~[aimecFi~' not - :ed, eral participation. ,n~amay b~w. ithheld ~ any amounts determined to be ineligible for Federal reimbursement for which the Department has advanced payment, ~ Agency shall promptly reimburse the Departmer~'t for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Pdor to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, can-y out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be lo,yarded to the Depadment's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund padicipation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times dudng the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Depadment upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year pedod, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. .3 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by propedy executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following cdteda: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in Federal awards dudng its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. In the event that a recipient expends $300,000 or more in State awards dudng its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If a recipient expends less than $300,000 in State awards dudng its fiscal year, an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipien _..expends less than $300,000 in State awards dudng its fiscal year and elects to have an audit conducted in accordance 'th Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the c ~3e paid from non-State funds. ,:2 Reporting Packages and management letters generated from audits conducted in accordance with { MB C~[~a~' and Financial Reporting Packages generated in accordance with Section 215.97, Florida Statutes and Pg. ~ . 52~-010-40 COktS'rRUCTK)N OC~ - 01~2 Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are.to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's, fiscal year. The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. 'Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit docun~entation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the dght to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other matedal subject to the provisions of Chapter 119, Flodda Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Flodda Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional dght of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. , 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of thi~ agreement, in accordance with Section 112.061 Fiodda Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1)(b), Flodda Statutes) If, after project completion, any claim is made by the Depadment resulting from an audit or for wor~ pursuant to this Agreement, the Department may offset such amount from payments due for work any agreement which it has with the Agency owing such amount if, upon demand, payment of the within 60 days to the Department. Offsetting any amount pursuant to this section shall not be con: contract by the Department. ~ou~t~ :~erec~Et~e¥~ 900~ pg. · · OGC. 01~2 Page 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will hon(~r requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if:. 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having beenadvised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for Federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs _.incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the <piration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the f~nal invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120 day time period will not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of the agreement. If the Department requires termination of the Agreement for reasons 'other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is terminated. If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. ~" 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required ti e4a~k~ '::~!':-~ include any or all of the following: (a) necessary action to terminate or suspend, as the case may ~el~)~ contracts and such other action as may be required or desirable to keep to the minimum the costs °there~E~erttahin~e the financing is to be computed; (b) furnish a statement of the project activities and contracts, an( cost of which are otherwise includable as project costs. The termination or suspension shall be c~ tried o~Tm coi~fd31Yflty with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms ~nd conditi~s Pg. 525-010-40 CONSTRUC'nON OGC - 01/02 Pa~e 6 c~ 12 imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable closing out of Federal financial participation in the project shall not constitute a waiver of any claim which the time. The Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable Federal and State regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national odgin or sex in the award and performance of Depadment assisted contracts. 10.03 Disadvantaged Business Enterprise {DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable Federal and State regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all Federal-aid contracts -49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of padicipation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such the Agency from participation in this transaction. The certification in this clause is a matedal representation of fact upon which reliance was placed when the Departmen determined to enter into this transaction. If. it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification w~-~ ~ 'The t~rrTl~ "COME erroneous when submitted or has become erroneous by reason of changed circumstan, 'debarred,' 'suspended,' ineligible,' 'lower tier covered transaction,' 'participant,' 'person,' pdm~ 'principal,' 'proposal,' and 'voluntarily excluded,' as used in this clause, have the meanings set ( Coverage sections of roles implementing Executive Order 12549. Contact the Department for as: copy of those regulations. ry ut h~qh~, r/~io-r~ and CONSTRuc'noN OGC. 01 P'~e 7 ~ 12 ; Agency further agrees by submitting this Agreement that it shall not knowingly enter into any. contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled 'Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,' provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely ~pon a certification of a prospective sub-contractor that the person is not debarred, suspended ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required the nonprocurement portion of the 'Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs' (Nonprocurement List) which is compiled by the General Services Administration. to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available the Department may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntar~ Exclusion: .3~he Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, ~posed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal .epartment or agency. Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall no discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and tha employees are treated during employment without regard to their race, age, religion, color, gender, national origin disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading demotion, or transfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms o compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development o operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The .Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. ~e Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil mights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. AGEI,tli;)A~TEM<~.~ 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the require the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agen( y pu 2 Po._ )0 u CONSTR~N OGC. 01/02 P'4ge 8 ol' 12 12.04 Public Entity Crime: 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 se~ces to a public entity, may not submit a bid on a contract w~ a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134 F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public enRy. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality dudng his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. , 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which ma then exist on the part of the Agency and the making of such payment by the Department, while any such breach or defaul shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. ~AGENDA IT -- 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that, has, ,tforl~' agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its applicat )n hereunder. . C~NSTRUC'I'~N OGC. 01,'~2 P~9~12 ~"".3.06 State Law:' Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision .~ereof, perform any other act or do any other thing in contravention of any applicable State law, provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law,' the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents orits employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Flodda Statutes, or any similar provision of law. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. ~' 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approvedportions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: "-' Federal: The Agency agrees that no Federally appropriated funds have been paid, orwill be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any Federal agency~ a Member of Congress an officer or employee of Congress, or an employee of a Member of Congress in corn ~ctiorA~[:llq~,~th~nterin~ .1otj~°fITEM ~. awarding of any Federal contract, the making of any Federal grant, the making of any Federal Ioa~ any cooperative agreement, and the extension, continuation, renewal, amendment or modification grant, loan or cooperative agreement. any- er.al,,co, n,,t,[ra, ct, 52~010..40 CON~rR~ OC, C. 01,'0~ I~ge 10 ¢~ t' If any funds other than Federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Forrn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall reqUire that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subredpients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State System, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will O will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should 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 bid specifications, purchase order or contract specifies othenvise. 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. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors w' result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice ,. provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individua include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline 1-800-848-3792. IN WITNESS WHEREOF, the padies have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Title: Chairman Title: District One Secretary Attest: Title: Clerk Attest: · Title: Executive Secretary As to form: tto~ey As to form: Distdct Attomey See attached Encumbrance Form for date of funding approval by Comptroller. ' SEP 10 2002 pg. i-~ FPN NO. 413051-1-58-01 525-010-4~ CONSTRUCTtON OC.,C - 01~02 Page 11 ~ 12 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collier County Dated 04/16/2002 PROJECT LOCATION: Immokalee Road at 1-75 The project ® is O is not on the National Highway System. The project ® is O is not on the State Highway System. .'-'~ROJECT DESCRIPTION: Ramp and roadway improvements at Exit# 17, 1-75 and Immokalee Road, Collier County. South bound on and off ramps and North bound on and off ramps. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 1. SPECIAL CONSIDERATION BY DEPARTMENT: The Depadment shall reimburse the Agency, subject to funds availability, in the year programmed (currently 2002). AGEND~ ITEM No._ ~. ~$ _~'~ SEP 1 0 200~ pg. /'--j 525.01 O-40 AT~A C~I~IE~' ~'A ~1~' '~ Special Consideration by Agency: All work conducted within the Departments Right-of-Way shall adhere to: (1) The Florida Department of Transportation Standard Specification for Road and Bridge Construction, 2002 edition as amended, and (2) The Florida Department of Transportation Roadway and Traffic Design Standards, 2001 edition, as amended, and (3) The Project Development and Environmental Manual, where applicable, and (4) The Local Agency Program Manual, including, but not limited to Section 11-4-3. The Department shall reimburse the Agency, subject to funds availability, in the year prograr ~o. I (~ !~ ~ SEP 1 0 ~00~ pg. ~-~ 525O10-4O CON~TR UCTION OC.,C. 01/02 P~ge 12 c~ 12 'ENCY NAME & BILLING ADDRESS a~r. Lynn Thorpe Collier County Transportation 2685 Horseshoe Road Naples, Florida 34104 LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT SCHEDULE OF FUNDING FPN. NO. 413051-1-58-01 Name Immokalee Road at 1-75 PROJECT DESCRIPTION T,r~ni Immokalee Road at 1-75 Lengt~ 0.624 Miles FUNDING (~) ~ (3) TOTAL AGENCY ~'rAT~ & TYPE OF WORK PROJECT FUND~ FUNDS FEDERAL FUNDS P.E. a. Agency Work b. Other c. Departznent Services , d. Total PE Cost (a+b+c) RIght-of-Way e. Age~ Work f. Other g. Depart311ent Services ,, h. Total Right-of-Way C-~,st-- (e+f+g) Jnst3'uction i. Con'a-act $612.500.00 $612,500.00 J. k. Other I, Oth~ m. Total Contract Costa (i~,j+k+l) $612.5430.00 $612.5OO.00 Construction Engineering n. Agency O, p. Deparlznent Forces ,,,, ', q. Total ConstrucSon Engineering (n+o+p) r. Total Co~3~-uction Cost (re+q) $612,500.00 $612,500.00 s. EST]MATED TOT~ COST OF THE $612,500.00 $612.500.00 PROJECT AGEbiDAJTEM No. SEP 1 0 2002 JEB BUSH GOVERNOR Florida Department of Transportation · THOMAS E BARRY. JR. SECRETARY August 16, 2002 Collier County Attn: Mr. Lynn Thorpe, P.E. Principal Project Manager 2675 Horseshoe Road Naples, Florida 34104 Local Agency Program (LAP) Agreement Project: County: F.A.P. No.: Program Year: Description: 413051-I-58-01 Collier 0755 0741 (Construction) 2003 1-75 at Immokalee Road Dear Mr. Thorpe: Enclosed are three (3) originals of the Local Agency Program (LAP) Agreement fcnSthe above referenced project. Please have all originals for the project executed by the Chairrna~, returned to me, along with two (2) original or certified copies of the original county resol~i9n -:- authorizing the Chairman to enter into and execute agreements. IfI can be of further assistance, please give me a call at (863) 519-2791 or e-mail --: michelle.peronto@dot.state.fl.us Sincerely, Michelle S. Peronto Local Agency and Special Programs Coordinator File District One. District Contracts Office 801 North Broadway Avenue * Post Office Box 1249 * Barloxv. FL 33831-1249 (863) 519-2791 * (863) 534-7172 (Fax) * MS 1-18 www.dot.state.fl.us AGE[~DA~ITEM SEP 1 0 2002 EXECUTIVE SUMMARY, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) AUTHORIZING THE CHAIRMAN TO SIGN A MEMORANDUM OF AGREEMENT WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD). ~ To authorize the Chairman of the BCC to sign a Memorandum of Agreement with the Florida Commission for the Transportation Disadvantaged. CONSIDERATION: As the Community Transportation Coordinator (CTC) for Collier County, the BCC is required to enter into an agreement with the Commission for the Transportation Disadvantaged. The Agreement allows for the BCC to continue its role as the Community Transportation Coordinator (CTC) for the next three years and receive Transportation Disadvantaged Funds for the provision of transportation disadvantaged trips. .~.SFISCAL IMPACT:. There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize the Chairman to enter into an Agreement with the Florida Commission for the Transportation Disadvantaged allowing the County to continue its role as the Community Transportation Coordinator. NOTE: Please Do Not Fill In Any Dates On The Agreements Prepared by: ,//~-'F- "/~ - ,,/,~ill M. Brown, Public T[ansportation Planner Reviewed by .,~r_JA,/,~/~ ~ ~,ran~ Planning Director Approved by. N(~~an Feder, Transportation Services Administrator Date: 08/19/02 Date: 08/19/02 Date:08/19/02 A N SEP 1 0 2.002 Contract # Effective: to STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED MEMORANDUM OF AGREEMENT This Memorandum of Agreement is between the COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, hereby referred to as the "Commission," and Collier County Board of County Commissioners. 3301 E. Tamiami Trail. Naples Florida 34112 the COMMUNITY TRANSPORTATION COORDINATOR, designated pursuant to Chapter 427, F.S., to serve the transpo~ation disadvantaged for the community that includes the entire area of ~011ier county(ies), and hereafter referred to as the "Coordinator." This Agrccmcnt is made in consideration of the mutual benefits to both parties; said consideration acknowledged hereto by the parties as good and valuable considcration. The Parties Agree: I. The Coordinator Shall: Become and remain totally apprised of all of the Transportation Disadvantaged resources available or planned in their designated service area. This knowledge will be used to plan, coordinate, and implement the most cost effective transportation disadvantaged transit system possible under the economic and other conditions that exist in the designated service area. Rev. Co 12/1/00 Plan and work with Community Transportation Coordinators in adjacent and other areas of the state to coordinate the provision of community trips that might be handled at a lower overall cost to the community by another Coordinator. This includes honoring any Commission-approved statewide certification program that allows for intercounty transportation opportunities. Arrange for all services in accordance with Chapter 427, Florida Statutes, and Rule 41-2, FAC, and as further required by the Commission and the local Coordinating Board approved Transportation Disadvantaged Service Plan. No. It/~.-.) ~ SEP 1 0 2002 pg. Rev. Do Return any acquired profits or surplus funds originating through the course of business as the Coordinator that are beyond the amounts(s) specifically identified and approved in t? accompanying Transportation Disadvantaged Service Plan. Such profits or funds shall be returnea to the Coordinator's transportation system or to any subsequent Coordinator, as a total transportation system subsidy, to be applied to the immediate following operational year. The Coordinator will include similar language in all coordination contracts to assure that transportation disadvantaged related revenues are put back into transportation disadvantaged services. E. Accomplish this Project by: Developing a Transportation Disadvantaged Service Plan for approval by the Coordinating Board and the Commission. Coordinators who are newly designated to a particular service area shall submit a local Coordinating Board approved Transportation Disadvantaged Service Plan, within 120 calendar days following the execution of the Coordinator's initial memorandum of agreement with the Commission, for approval by the Commission. All subsequent Transportation Disadvantaged Service Plans shall be submitted and approved with the corresponding memorandum of agreement. The approved Transportation Disadvantaged Service Plan will be implemented and monitored to provide for community- wide transportation services for purchase by non-sponsored transportation disadvantaged persons, contracting social service agencies, and other entities that use local, state, or federal government funds for the purchase of transportation for the transportation disadvantaged. Maximizing the use of available public school transportation resources and public fixt route or fixed schedule transit services and assuring that private or public transit, paratransit operators, and school boards have been afforded a fair opportunity to participate to the maximum extent feasible in the planning process and in the development of the provisions of the Transportation Disadvantaged Service Plan for the transportation disadvantaged. Providing or arranging 24-hour, 7-day per week transportation disadvantaged service as required in the designated service area by any Federal, State or Local Government agency sponsoring such services. The provision of said services shall be furnished in accordance with the prior notification requirements identified in the local Coordinating Board and Commission approved Transportation Disadvantaged Service Plan. Complying with all local,' state, and federal laws and regulations that apply to the provision of transportation disadvantaged services. Submitting to the Commission an Annual Operating Report detailing demographic, operational, and financial data regarding coordination activities in the designated service area. The report shall be prepared on forms provided by the Commission and according to the instructions of said forms. F. Comply with Audit and Record Keeping Requirements by: 12/1/00 No._ ![_P-/~ 3 SEP 1 0 2002 pg. 3 Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accounting Consortium Model Uniform Accounting System for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Community Transportation Coordinators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. o Assuming the responsibility of invoicing for any transportation services arranged, unless otherwise stipulated by a purchase of service contract or coordination contract. o Maintaining and filing with the Commission, local Coordinating Board, and all purchasing agencies/entities such progress, fiscal, inventory, .and other reports as those entities may require during the period of this Agreement. Providing copies of finance and compliance audits to the Commission and Coordinating Board as requested by the Commission or Coordinating Board. Reporting any accident involving a vehicle operated within the coordinated transportation system in the coordinator=-s designated service area. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $500 in property damages, must be reported to the Conm~ission not more than 72 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident repoi-t or reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. The Coordinator shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Commission or this Agreement. They shall have full access to and the right to examine any of the said records and documents during the retention period. Comply with Safety Requirements by: Complying with Section 341.061, F.S., and Rule 14-90, FAC, concerning System Safety; or complying with Chapter 234.051, F.S., regarding school bus safety requirements for those services provided through a school board; and 12/1/00 Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing. Conduct drug and alcohol testing for safety sensitive job positions within the_ coordinated system regarding pre-employment, randomizatio ~ No. - SEP 1 0 2002 3 pg. 4 Jo reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration. Comply with Commission insurance requirements by maintaining at least minimum liabili insurance coverage in the amount of $100,000 for any one person and $200,000 per occurrence at all times during the existence of this Agreement. Upon the execution of this Agreement, the Coordinator shall add the Commission as an additional named insured to all insurance policies covering vehicles transporting the transportation disadvantaged. In the event of any cancellation or changes in the limits of liability in the insurance policy, the insurance agent or broker shall notify the Commission. The Coordinator shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S., and 234.211, F.S. Insurance coverage in excess of $1 million per occurrence must be approved by the Commission and the local Coordinating Board before inclusion in the Transportation Disadvantaged Service Plan or in the justification of rates and fare structures. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations (45 CFR, Part 205.50), except upon order of a court, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. Protect Civil Rights by: Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the. Rehabilitation Act of 1973, as amended. The Coordinator gives this assurance consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to compIete a Civil Rights Compliance Questionnaire if so requested by the Commission. Coordinator shall also assure compliance with: ao Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in pro,ams and activities receiving or benefiting from federal financial assistance. Co Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 12/1/00 do The Age Discrimination Act of 1975, as amended, 42 U.S.C. prohibits discrimination on the basis of age.in programs c benefiting from federal financial assistance. 6101 et seq., which ' actix~[e~t~_~cl~ ~g No. !ti D " SEP 1 O 2002 Pg. ~ The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes. The Americans with Disabilities Act of 1990, as it may be amended from time to time. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the Coordinator, its successors, subcontractors, transferee, and assignees for the period during which such assistance is provided. Assuring that all operators, subcontractors, subgrantee, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Coordinator agrees that the Commission may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. Identify and hold harmless the Commission and all of the Commission's members, officers, agents, and employees; purchasing agency/entity officers, agents, and employees; and the local, state, and federal governments from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect ur o~fission by thc Cuot dinatot dm lng the pet £ormance of this Agreement, whether direct or indirect, and whether to any person or property to which the Commission or said parties may be subject, except that neither the Coordinator nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of its members, officers, agents or employees; purchasing agency/entity, officers, agents, and employees; and local, state, or federal governments. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency/entity or Coordinator to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency/entity or political subdivision of the State of Florida or the federal government to be sued by third parties in any matter arising out of any Agreement or contract. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. Rev. 12/1/00 Comply with standards and performance requirements of the Commission, the Coordinating Board approved Transportation Disadvantaged Service Plan, and any purchase of service contracting agencies/entities. Failure to meet the requirements or obligations set forth in this MOA, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan, shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to :_he satisfaction of me.. Commission. No._ SEP 10 2002 Rev. Po 12/1/00 Comply with subcontracting requirements by executing or negotiating contracts for transportation services with Transportation Operators, and assuring that the conditions of such contracts are maintained. The requirements of Part 1, Paragraph E.5. through M are to be included in contracts, subcontracts, coordination contracts, and assignments made by the Coordinator services under this Agreement. Said contracts, subcontracts, coordination contracts, and assignments will be reviewed and approved annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Agreement. Comply with the following requirements concerning drivers and vehicles: Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications ~vith the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle. The paratransit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheelchair securement devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors ' buildings, except in situations in which assistance in opening/closing building doors worn,. not be safe for passengers remaining on tile vehicle. Assisted access must be itl a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver. All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-xvay communications in good working order and be audible to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance as specified in Rule 41-2. All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are not equipped with an air conditioner and/or heater shall have two years to be in compliance as specified in Rule 41-2. Comply with other requirements as follows: 1. escort of a Transport an passenger and identified in the local Transportation Disadvantaged Service Plan. dependent children as locally negotiated ~a~, L No._/13'37 - SEP 1 0 2002 Pcj. Determine locally in the Transportation Disadvantaged Service Plan, the use, responsibility, and cost of child restraint deVices. o Transport with the passenger at no additional charge, passenger property that can be carried by the passenger and/or driver in one trip and can be safely stowed on the vehicle. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assisti,~e devices, or intravenous devices. 4. Provide shelter, security, and safety of passengers at vehicle transfer points. o Post a local or other toll-flee number for complaints or grievances inside each vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the local Coordinating Board. o Provide out-of-service-area trips, when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips. o Keep interior of all vehicles free from dirt, grime, oil, trash, tom upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger. Determine locally by the local Coordinating Board and provide in the local Transportation Disadvantaged Service Plan the billing requirements of the Conm~unity Transportation Coordinator. All bills shall be paid to subcontractors within 7 calendar days after receipt of said payment by the Coordinator, in accordance with Section 287.0585, Florida Statutes. Maintain or have access to a passenger/trip database on each rider being transported within the system. 10. Provide each rider and escort, child, or personal care attendant adequate seating for paratransit services. No more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time. 11. First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. Rev. 12. Cardiopulmonary Resuscitation shall be determined locally Transportation Disadvantaged Service Plan. The Commission Shall: 12/1/00 and provided in the local SEP 10 2002 Pgo III. ReV'. Recognize the Coordinator as the entity described in Section 427.011(5), Florida Statutes, and Rule 41-2.002(4), F.A.C. Attempt to insure that all entities with transportation disadvantaged funds will purchas,. transportation disadvantaged services through the Coordinator's system. The Coordinator and the Commission Further Agree: Nothing in this Agreement shall require the Commission to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. If any of the provisions of this Agreement is found by a court of law to violate any applicable state law, the purchasing agency/entity will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Coordinator to the end that the Coordinator may proceed as soon as possible with the provision of transportation services. Bo If any part or provision of this Agreement is held invalid, the remainder of this Agreement shall be binding on the parties hereto. C. Termination Conditions: Termination at Will - This Agreement may be terminated by either party upon no less than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. Temfination for Breach - Ualess the Coordinator's breach is waived by the Commission in writing, the Commission may, by written notice to the Coordinator, terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver by the Commission of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement, and shall not act as a waiver or estoppel to enforcement of any provision of this Agreement. The provisions herein do not limit the Commission's right to remedies at law or to damages. This agreement will expire unless an extension is granted to the Coordinator in writing by the Commission for the Transportation, in accordance with Chapter 287, Florida Statutes. Renegotiations or Modifications of this Agreement shall only be valid when they have been reduced to writing, duly approved by the Commission, and signed by both parties hereto. F. Notice and Contact: 12/1/00 The name and address of the contract manager for the Commission for this Agreement is: Executive Director, 605 Suwannee Street, MS-49, Tallahassee, FL 32399-0450. The representative/position of the Coordinator responsible for administration of the program under?' Agreement is: AO D SEP 1 0 2002 q Pg. ~ In the event that either party designates different representatives after execution of this Agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Agreement. This document has been reviewed in its entirety and approved by the local Coordinating Board at its official meeting held on September 11, 2002. Coordinating Board Chairperson WITNESS WHEREOF, the parties hereto have caused these presents to be executed. COMMUNITY TRANSPORTATION STATE OF FLORIDA, COMMISSION FOR COORDINATOR: THE TRANSPORTATION DISADVANTAGED: Collier County Board of County Commissioners Agency Name James N. Coletta .... yped Name of Authorized Individual Signature: Title: Chairman Typed Name of Authorized Individual Signature: Title: Executive Director Attest: (SEAL) Notary Public ATTEST: Corporate Officer or Notary Public (SEAL) Staff Attorney, If Applicable Rev. 12/1/00 AGE~DA.ITF-~ No. I L,_~ -/"") ~-~ SEP 10 2002 EXECUTIVE SUMMARY, A RESOLUTION AUTHORIZING SPEED LIMIT INCREASES FROM TWENTY-FIVE MILES PER HOUR (25 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH) ON TROPICANA BOULEVARD AND CORONADO PARKWAY AT A COST OF APPROXIMATELY $800. OBJECTIVE: To gain Board approval of a Resolution for raising the speed limit on the collector roadways of Tropicana Boulevard and Coronado Parkway. CONSIDERATIONS: Tropicana Boulevard and Coronado Parkway are collector roadways within the unincorporated area of Golden Gate City. In the year 2000, speed limits for all roads in the Golden Gate City area were set at 25 mph regardless of classification or use. Traffic Speed Studies performed by the Transportation Operations Department (result Memos attached) have indicated the advisability of increasing the speed limits on the subject collector roads in order to increase the safety and efficiency of those roadways. Increasing the speed limit on these collector roads will necessitate the replacement of 8 existing speed limit sign panels on the collector roads. The sign replacement work will be performed by County forces. (-C,x'~'FI.SCAL.IMPACT: The estimated cost of changing the necessary speed limit signs is $800.00, ~ which funds are available in Transportation Services (101). GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board approve the Resolution increasing the speed limits, authorize the Chairman to execute the Resolution, and authorize the staff to erect the appropriate traffic control signs and make pavement modifications. PREPAREDB Y: R-°~2ipt°n' p.~Manager REVIEWED BY: '~~n""'""' ' '"' '"" "~'"' Operations Director APPROVED BY: ' Feder, ]~ICP, Transportation Division Administrator DATE: DATE: ! SEP 1 O 2007. 1 2 3 4 5 6 7 8 RESOLUTION NO. 2002- A RESOLUTION AUTHORIZING SPEED LIMIT INCREASES FROM TWENTY-FIVE MILES PER HOUR (25 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH) ON TROPICANA BOULEVARD AND CORONADO PARKWAY. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) 9 to alter established speed limits on roads under its jurisdiction; and 10 WHEREAS, Tropicana Boulevard and Coronado Parkway fall under the jurisdiction of the BCC; 11 and 12 V~-IEREAS, in accordance with Chapter 316, Florida Statutes, the BCC may alter such existing 13 speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and 14 WHEREAS, the results of the County's engineering and traffic investigation determined that 15 increasing the speed limit from 25 mph to 35 mph is reasonable and safer than present conditions, and it 16 conforms to criteria promulgated by the County. 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 18 OF COLLIER COUNTY, FLORIDA THAT: 19 SECTION 1: The BCC does hereby establish a thirty-five miles per hour (35 mph) speed limit on 20 Tropicana Boulevard and Coronado Parkway 21 SECTION 2: A copy of this Resolution shall be forwarded to the Collier County Sheriff's Office for 22 proper enforcement of the established speed limit for Tropicana Boulevard and Coronado Parkway. 23 SECTION 3: The effective date of the speed limit increases shall be after written notification to the 24 Sheriffs Office and upon posting of appropriate signage and pavement modifications. 25 This Resolution adopted after motion, second, and majority vote favoring same this 26 day of ,2002. 27 ATTEST: 28 DWIGHT E. BROCK, Clerk 29 30 BY: 31 32 Approved as to form and legal 35 · 36 H~idi F.-"ks~to~' :37 Assistant Collier County Attorney 38 BOARD OF COUNTY COM/VlISSIONERS COl l JE.R COUNTY, FLORIDA BY: JAMES N. COLLETrA, Chairman AGENDA ITEM No. SEP 10 2002 Memorandum To: From: C.C.: Date: Subject: Robert W. Tipton, P.E., Traffic Operations Manager Steve Yu, P.E., Traffic Operations Engineer Edward J. Kant, P.E., Transportation Operations Department Director June 11, 2002 Golden Gate City Speed Limit Review --- Coronado Pkwy. Upon commissioner Henning's request, a speed limit study has been conducted at the above location. The findings and suggestions are as follows: 1. This is a four-lane, two-way divided roadway with the existing speed limit of 25 MPH. 2. The count station we set is located at the west of 50TM TERR. The 24-hour traffic and speed data has been collected for the study area. 3. The field test drive has also been conducted as a part of the study. The data collected from the field shows that the 85th percentile speed is 39.6 mi/h for eastbound traffic and 42.4 mi/h for westbound traffic. The 10 MPH pace is 30-40 mi/h for both directions. o FDOT document "Speed Zoning for Highways, Roads, and Streets in Florida" states: A speed limit should not differ from the 85th percentile speed or upper limit of the 10 mi/h pace by more than 3 mi/h and it shall not be less than 8 mi/h. (FDOT Manual Number 750-010-002, 1997 Edition) Analysis: According to the DOT's requirements, the measured 85th percentile speed of 39..6mi/h on eastbound and 42.4mi/h on westbound would result in a 35 or 40 mi/h speed limit. The field test drive assured a comfortable travel speed at 35 mi/h on both directions. e Recommendation: Based on the field speed data (85th percentile speed, 10 mi/h pace speed), field test-drives and FDOT requirements, it is our recommendation to change the speed limit on Coronado Pkwy from 25 MPH to 35 MPH. Attached are the 24-hour traffic counts (including speed data) and field pictures for your review. Should you have any questions, please contact me. Thanks. Transportation Services Division Transportation Operations Department Traffic Operations Section SEP 1 O 2002 Pg. ~,~ Memorandum To.' From: C.C.: Date: Subject: Robert W. Tipton, P.E., Traffic Operations Manager Steve Yu, P.E., Traffic Operations Engineer Edward J. Kant, P.E., Transportation Operations Department Director June 11,2002 Golden Gate City Speed Limit Review --- Tropicana Blvd. Upon commissioner Henning's request, a speed limit study has been conducted at the above location. The findings and suggestions are as follows: 1. This is a four-lane, two-way divided roadway with the existing speed limit of 25 MPH. 2. The count station is located at the south side of 28TM Ave. The 24-hour'traffic and speed data has been collected for the study area. 3. The field test- drive has also been conducted as a part of the study. The data collected from the field shows that the 85th percentile speed is 39.1 mi/h for northbound traffic and 39.0 mi/h for southbound traffic. The 10 MPH pace is 25-35 mi/h for both directions. o FDOT document "Speed Zoning for Highways, Roads, and Streets in Florida" states: A speed limit should not differ from the 85th percentile speed or upper limit of the 10 mi/h pace by more than 3 mi/h and it shall not be less than 8 mi/h. (FDOT Manual Number 750-010-002, 1997 Edition) Analysis: According to the DOT's requirements, the measured 85th percentile speed of 39.0mi/h on both directions would result in a 35 or 40 mi/h speed limit. The field test drive assured a comfortable travel speed at 35 mi/h on both directions. Recommendation: Based on the field speed data (85th percentile speed, 10 mi/h pace speed), field test-drives and FDOT requirements, it is our recommendation to change the speed limit on Tropicana Blvd. from 25 MPH to 35 MPH. Attached are the 24-hour traffic counts (including speed data) and the field pictures for your review. Should you have any questions, please contact me. Thanks. Transportation Services Division Transportation Operations Department Traffic Operations Section AG,I~N ,E:~ ~/~M No. ILfr> SEP 1 0 2002 pg. z~ EXECUTIVE SUMMARY AUTHORIZE THE EXECUTION OF A QUITCLAIM DEED TO THE PROPERTY OWNER OF ANY INTEREST THE COUNTY MAY HAVE IN A 30 FOOT STRIP OF LAND ALONG THE NORTH BOUNDARY OF THE TERRAFINA PUD. OR.Ile~CTIVE: To remove the cloud of title to certain lands within the Terrafina PUD that exists by virtue of a dedication recorded in the public records in December 1973. CON~qlDERATION: On May 28, 2002, the Board of County Commissioners accepted a Warranty Deed, executed pursuant to Section 8.2H of the Terrafina PUD, for an 80 foot wide right-of-way corridor along the western boundary of the Terrafina PUD. This strip of right-of-way will form the northerly extension of Olde Cypress Boulevard. In conjunction with the conveyance of the 80 feet of right-of-way required under the terms of the Terrafina PUD, the developer has requested that Collier County quitclaim any interest it may have in a strip of land described in the Dedication recorded in OR 565, Page 29. This strip of land is described as the North thirty (30) feet of Section 16, Township 48 South, Range 26 East. The Dedication states, "This Dedication and the recording of the same shall not place any duty, burden or liability upon Collier County, by formal act of the governing body, to accept the property herein and hereby dedicated, nor obligate Collier County to improve the aforesaid property in any manner, nor shall acceptance of this dedication by formal act of Collier County obligate Collier County to improve the aforesaid property in any manner." Furthermore, no record of the acceptance of said dedication by the Board of County Commissioners has been found. This 30 foot strip of land is of no use to the County, and the above-referenced Dedication, the acceptance of which remains unproven, merely exists to cloud title to the subject real estate. Hence, the County is simply consenting to reasonable request to remove the cloud on title created by this "wild" dedication, and is not, therefore, obliged to follow any procedures set forth either for the transfer of surplus property or for the vacation of any easement interests. ,hl,,qCAl, IMPACT: The cost of recording of the Warranty Deed in the Public Records will be paid by the Grantee. No other expenses are anticipated as a result of the Board's approval of the recommendations made herein. GROWTH MANAGEMENT IMPACT: None A N M SEP 1 0 2002 pg. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Authorize its Chairman to execute a Quitclaim Deed as to the North Thirty (30) Feet of Section 16, Township 48 South, Range 26 East; and 2. Authorize the delivery of said Quitclaim Deed to the property owner for recording. Norm; Feder, AICP, Transportation DATE: DATE: AGENDA LT..EM No. ~(.r,~ ,3 SEP 1 0 2002 Pg. ,~ (~fYce of the [;or y ~01 East Tam(~e.t Tr&tl i4&ple$, Flort~,~ 3AllZ (941) 774-84O0 QUITCLAIM DEED THIS QUITCLAIM DEED executed this __ day of ,2002, by COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter called the Grantor), to ROBERT VOClSANO, as Trustee under Land Trust Agreement dated May 24, 1995, his successors and assigns, whose post-office address is c/o Quarles and Brady, LLP, 4501 Tamiami Trail North, Suite 300, Naples, Florida 34103 (hereinafter called the Grantee): (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns.) WITNESSETH: That the Granlor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the said Grantee forever, all the right, title, interest, clai"n and demand which the said Grantor has in and to the following described lot, piece o~ parcel of land situate, lying and being in Collier County, Florida, to wit: THE NORTH THIRTY (30) FEET O-- SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLIER COUNTY, FLORIDA, LESS AND EXCEPTING THE WESTERLY EIGHTY (80) FEET THEREOF. Subject to easements, re~.trictions, and reservations of record. TO HAVE AND TO HOLD the same together with all appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Granlor. IN WITNESS WHEREOF, the Gr~ctor has caused these presents to be executed the day and year first above written. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN , Deputy Clerk Assistant County Attorney Ellen T. Chadwel! No. SEP 10 2002 EXECUTIVE SUMMARY APPROVE WORK ORDER FOR $1,830,620.00 FOR THE CONSTRUCTION ENGINEERING & INSPECTIONS SERVICES BY AIM ENGINEERING & SURVEYING, INC. FOR LIVINGSTON ROAD PHASE III (PINE RIDGE ROAD TO IMMOKALEE ROAD) SIX LANE IMPROVEMENTS, PROJECT NO. 62071 OBJECTIVE: To receive Board approval of the work order for Construction Engineering Inspection (CEI) services by Aim Engineering & Surveying, Inc. for the Livingston Road Phase ffl six-lane construction project between Pine Ridge Road and Immokalee Road. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners approved an agreement for Construction Engineering & Inspection Services for Collier County Road Projects (Bid gO0-3184). Staff began work order negotiations with Aim Engineering & Surveying, Inc. for their services on the Livingston Road Phase 1TI six-lane construction project between Pine Ridge Road and Immokalee Road, which resulted in the attached proposal. This work order, along with road construction, is scheduled for completion in 840 days (28 months). (See attached Work Order). FISCAL IMPACT: Funds in the amount of $1,756,370.00 are available in the Transportation Supported Gas Tax Fund to pay for the road portion of this project and $74,250.00 is available from the County Water and Sewer Capital Impact Fee Funds to cover the cost of the water and sewer portions of this project. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #62071) is consistent with the Growth Management Plan and the Board approved five-year Transportation work program. RECOMMENDATION: That the Board of County Commissioners award a work order to Aim Engineering & Surveying, Inc., for the Construction Engineering & Inspection Services for the Livingston Road Phase III, Pine Ridge Road to Immokalee Road, six lane construction project. :: SEP 1 O 2002 Gregg R. Strakaluse Director, T.E. & C.M.D. APPROVED BY: Roy Anderson, P.E. Director, P.U.E.D. APPROVED BY: ,~~f~ ~3' ' -Steve C~mell APPROVED BY: Director, '~urchasing/General Services - No~n/n E. Feder, AICP, Administrato TrTportation Division Date: Date:~2~-- Date: Date:_ SEP 1 0 2002 WORK ORDER # AIM-FT-02-01 (Professional Construction. Eng. Insp.) CEI Major Contract Dated May 8, 2001 (Bid #003184) This Work Order is for CEI services for work known as (Title) Livingston Road Phase III (Reason for Project) To perform Construction, Engineering and Inspection Services The work is specified in the proposals dated July 16, 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 # AIM-FT-02-01 is assigned to: Aim Engineering & Surveying, Inc. Scope of Work: Provide Construction, Phase III Project. Engineering and Inspection Services on the Livingston Road See the attached Proposal. Schedule of Work: Complete work within 840 Calendar days from receipt of the Notice to Proceed. Compensation: The County will compensate the Firm in accordance with the negotiated not-to-exceed sum amount of $1,830,620.00, as provided in the attached proposal. The road project fee is $1,756,370.00 and the utility fee is $74,250.00. See attached schedule of fees. AGIZN D~ I~EM No. SEP 1 0 2002 PREPARED BY:~,~.~ /g. ,~& (//;l~yn~'~"RA Thorpe, P.E~, Principal Project Manager G'~egg R. Strakalus¢, Director, T.E.& G.M,D. APPROVED BY: APPROVED BY: ACCEPTED BY: Roy/Ar}~erson, P.E., Director, P.U.E.D zll Nbr fian E. Fede'r, AICP 7~ation Admini stra~y Hull, P.E. Engineering & Surveying, Inc. 7///~/,~ .z Date 7--/?-~ :2- Date I~ate /Date D'(ate SCOPE OF SERVICES EXHIBIT "A' SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION (CEO County Job No: 62071 Description: Livingston Road, Pine Ridge Road to Immokalee Road Collier County 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 PURPOSE .......................................................................................... 2 SCOPE .............................................................................................. 2 DEFINITIONS .................................................................................... 3 ITEMS TO BE FURNISHED BY THE COLLIER COUNTY TO CONSULTANT ..... 4 ITEMS FURNISHED BY THE CONSULTANT ............................................ 4 LIAISON ................................... COOPERATION AND PERFORMANCE OF THE CONSULTANT ..................... 7 REQUIREMENTS ................................................................................ 8 8.1 General ................................................................................ 8 8.2 Survey Control ....................................................................... 8 8.3 On-site Inspection .................................................................... 9 8.4 Testing ................................................................................. 9 8.5 Management Engineering Services .............................................. 10 8.6 Contractor's CPM Schedule ...................................................... 15 8.7 Conslxuctability Review ........................................................... 16 PERSONNEL .................................................................................... 18 9.1 General Requirements ............................................................. 18 9.2 Personnel Qualifications ........................................................... 18 9.3 Staffing ............................................................................... 18 9.4 Licensing for Equipment Operation .............................................. 19 SUBCONSULTANT SERVICES ............................................................ 19 OTHER SERVICES ............................................................................ 19 POST CONSTRUCTION CLAIMS REVIEW ............................................. 19 CONTRADICTIONS .......................................................... No.-.-.¥t0-~> '~Y). i SEP 1 0 2002 Pg. 14.0 15.0 1.0 2.0 LENGTH OF SERVICE ........................................................................ 20 INVOICING INSTRUCTION ................................................................. 20 EXH~IT "A-A" - MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL .............................................. 21 SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION PURPOSE: This scope of work describes and defines the services, which are required for construction engineering, inspection, materials sampling and testing, and contract administration for the construction project listed below. SCOPE: The CONSTULTANT shall be responsible for construction engineering and administrative functions as defined in this Scope of Services and referenced manuals and procedures, which are normally handled by a Florida Department of Transportation (FDOT) Project Engineer. The CONSULTANT shall utilize effective control procedures, which will assure that the construction of the project listed below is performed in reasonable conformity with the plans, specifications, and contract provisions for such projects. The project for which the services are required is: COUNTY Project No: 62071 Description: Livingston Road, Pine Ridge Road tolmmokalee Road County: Collier The CONSULTANT shall provide technical and administrative personnel meeting the requirements set forth in Section 9.0 of this Scope of Services in appropriate numbers at the proper times to ensure that the responsibilities assigned under this Agreement are effectively carried out. All construction, engineering, inspection and administration activities shall be performed in accordance with the established standard procedures and practices of the Florida Department of Transportation. Prior to furnishing any services, the CONSULTANT shall be familiar with those FDOT standard procedures and practices and with the procedures and practices for construction, engineering, inspection and contract administration used by Collier County Transportation Engineering and Construction Management Department (T.E. & C.M.D.). shall coordinate closely with the Construction Project Manager minimize rescheduling of CONSULTANT activities due to cor changes in scheduling of Contractor activities. 2 The Construction Project Manager will track the execution of the construction contract in order to ensure that the CONSULTANT is given timely authorization to begin work. While no personnel shall be assigned until written notification by the Construction Project Manager has been issued, the CONSULTANT shall be ready to assign personnel within two weeks of notification. For the duration of the project, the CONSULTANT md Contractor to SEP 1 0 2002 3.0 DEFINITIONS: A. CONSULTANT Senior Prqject Engineer: The Engineer assigned by the CONSULTANT to manage one or more Construction Projects. This person may supervise other CONSULTANT employees and act as the lead Engineer for the CONSULTANT. B. CONSULTANT Project Engineer: The Engineer assigned by the CONSULTANT to manage this project. C. Construction Project Manager: The Collier County T.E. & C.M.D. employee assigned to manage the Construction Engineering and Inspection Contracts. The Construction Project Manager will be in responsible charge and direct control of the projects. D. CONSULTANT: The Consulting firm under contract to Collier County for administration of Construction Engineering and Inspection services. E. Contractor: The individual, firm, or company contracting with Collier County T.E. & C.M.D. for performance of work or furnishing of materials. F. Contract: The written Agreement between Collier County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. G. CONSULTANT Contract: The written Agreement between Collier County and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. H. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. I. Community Liaison: The Collier County employee assigned to manage Public Information for the Collier County T.E. & C.M.D. J. OWNER: The Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida. K. COUNTY: Collier County, a political subdivision of the State of Florida. SEP 1 C 2002 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT: Ao The following items will be furnished by Collier County T.E. & C.M.D. on an as needed basis. The CONSULTANT shall submit a request in writing for needed items to the Construction Project Manager. 1. Contract documents for each project as follows: 5 sets Construction Plans - 11" x 17" 5 sets Special Provisions 1 copy Contract Form All standard forms for use under the terms of this Agreement will be provided in hard copy at the Pre-Services meeting and via electronic mail. The CONSULTANT shall utilize only Collier County forms on the project. 5.0 ITEMS FURNISHED BY THE CONSULTANT: The COUNTY may require a satellite office for this project. The CONSULTANT shall be reimbursed for this satellite office at a firm and fixed monthly cost for the following items only: 1. Office rent/lease 2. Office telephone (cell phones not included) 3. Office electric service 4. Copier rental 5. Custodial fees for office Consultant shall list this fixed monthly cost as a line item of the fee proposal titled "Satellite Office Expenses", and shall also be listed as such on invoices submitted to the COUNTY for payment. The CONSULTANT shall initially submit documentation supporting the expenses to the Construction Project Manager for approval, whereupon a mutually agreed upon firm and fixed monthly cost will be determined for the duration of the project. It shall not be necessary for the CONSULTANT to submit any further documentation once the Construction Project Manager has agreed upon the monthly reimbursable amount. All other expenses related to office and field equipment required under the terms of this Agreement shall be the responsibility of the CONSULTANT and shall not be considered as reimbursable. Ao The CONSULTANT shall also furnish such other storage and parking space, as 4approved by the Construction Project Manager, to effectively carry out their responsibilities under this Agreement. The CONSULTANT shall provide the appropriate number of vehicles to accommodate their project personnel. AGENDA No. 4 SEP 1 I) 2002 Equipment supplied by the CONSULTANT shall consist of items determined by the Construction Project Manager to be essential in order to carry out the work under this Agreement. The CONSULTANT will provide all survey equipment, testing equipment, photographic equipment, tapes, rules, and any other items necessary. All apphcable FDOT documents shall be a condition of this Agreement. The documents normally required by the CONSULTANT are listed below. The CONSULTANT shall review this list and obtain those documents that are not in his possession as well as any other applicable document that may be required that are not listed below. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at www. dot. state, fl. us. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, M.S. 12 Tallahassee, Florida 32399-0450 Telephone No. (904) 488-9220 Documents normally required by the CONSULTANT shall include, but are not limited to, the following list of documents. The version to be used shall be in compliance with the project plans and specifications. Materials Directives: Directives convey certain FDOT practices and procedures relating to sampling and testing of materials entering into construction project. Materials Sampling, Testing, and Reporting Guide: This schedule sets out the method of acceptance for minimum sampling frequency, sample size, responsibility for sampling, responsibility for testing, test name, appropriate report form number, and sample identifications information for material to be incorporated into construction project. Qualified Products List of Approved Material Sources and Subsequent Updates. 4. Each of the following estimate preparation aids provided by the FDOT: Field Standards for Final Estimates Manual Basis of Estimate Manual Sample Computations Manual Final Estimate Preparation Short Course 5. Field Sampling and Testing Manual (FDOT & ASTM) FDOT Standard Specifications for Road and Bridge Construction and Supplements (for all field personnel). FDOT Structures Standards. 5 FDOT Roadway and Traffic Design Standards (for all field personnel). AGEN[3A 'IIEM SEP 10 2002 6.0 9. Manual on Uniform Traffic Control Devices (MUTCD). 10. Utility Accommodation Guide (FDOT) 11. A list of FDOT Training Courses relating to Construction Engineering and Inspection. C. Field Equipment Includes those non-consumable, non-expendable items which are normally needed for a CEI project, including but not limited to the following: vehicles, facsimile machines, calculators, tape recorders/ transcribers, typewriters, 'computers, word processors, printers, cameras, camcorders, communication equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety vests, life vests (if applicable), level/rod, tripod, roll-a-meters, rain gem', shovels wheelbarrows, hammers, portable water coolers, gauges, engineering scales, tape measures, draffing tools, slump cone, tamping rod, nuclear density machine, measuring wheel, thermometer, flashlights, speedy moisture kits, and turbidity meters. Use-cost equipment described herein and expendable materials under this Agreement will remain the property of the CONSULTANT and shall be removed at completion of the work. Vehicles and hard hats shall have the name and phone number of the consulting finn visibly displayed. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. CONSULTANT personnel using equipment fumished by them shall input all computer coding. The CONSULTANT will also fumish computer serviees/softxvare needed for project scheduling, documentation, and control (Primavera/Suretrak, Claim Digger, etc.). Ownership and possession of computer equipment and related software, which is provided by the CONSULTANT, shall remain at all times with the CONSULTANT. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. LIAISON: The CONSULTANT shall be fully responsible for carrying out all functions assigned to it by this Agreement on the construction projects. All activities and decisions of the CONSULTANT relating to the projects shall be subject to review and approval by the Construction Project Manager. The CONSULTANT shall provide coordination of all activities, correspondence, reports and other communications related to its responsibilities under this Agreement necessary for the Construction Project Manager to carry out his responsibilities. A~IXI.~A~TEM No. I~t5 I~ 6 SEP 1 0 2002 In performing their duties, the CONSULTANT shall utilize the standard forms provided at the Pre-Services meeting. The CONSULTANT shall utilize an Action Request form for all requests related to CONSULTANT Contract/administrative issues. The Action Request form shall be submitted under separate cover to Construction Project Manager with all accompanying required documentation (Resumes, Certifications, etc.) to each. The content and format of the Action Request form shall be in accordance with the instructions provided by the Collier County T.E. & C.M.D. Construction engineering and inspection forces will be required of the CONSULTANT at all times while the Contractor is working under the construction contract. If Contractor operations are suspended, the CONSULTANT will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of CONSULTANT forces from the project, the CONSULTANT will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. It shall be the CONSULTANT's responsibility to ensure that sufficient funds to complete services under this Agreement remain in the CONSULTANT Contract at all times. In the event of construction project delays or changes beyond the control of the CONSULTANT, which affect the terms of this Agreement, the CONSULTANT shall submit a Supplemental Amendment Request to Collier County. These requests will be submitted for County approval and execution prior to performing additional work and prior to funds expiration, consistent with and in accordance with the Contract Stares Report, or other approved report for tracking CONSULTANT Contract funds. Supplemental Agreements preparation, submission, and subsequent follow-up activities are the responsibility of the CONSULTANT in accordance with Section 8.5 (29) and (30), Management Engineering Services. 7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT: During the term of this Agreement, the Construction Project Manager will review various phases of CONSULTANT operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement and to confirm that construction work and administrative activities are performed in reasonable conformity with FDOT and Collier County T.E. & C.M. policies, plans, specifications, and Contract provisions. The CONSULTANT shall cooperate and assist the Construction Project Manager in conducting the reviews. If deficiencies are indicated, the CONSULTANT shall implement remedial action immediately in conformance with Collier County T.E. & C.M.D. recommendations. Collier County T.E. & C.M.D. recommendations and CONSULTANT responses/actions are to be properly documented by the Construction Project Manager. No additional compensation shall be allowed for remedial action taken by the CONSULTANT to correct deficiencies. Remedial actions and required response times may include, but are not necessarily limited to, the following: A. Further subdivided assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. Bo Replace personnel whose performance has been determined by the Construction Project Manager to be inadequate. Personnel whose performance has been determined to be unsatisfactory shall be removed immediately. A~ No -._.~.~~_~ 7 SEP ! 0 2002 8.0 Immediately increase the frequency of job control testing in phases of work that are the CONSULTANT's responsibility. D. Increase the scope and frequency of all training conducted by the CONSULTANT. Additionally, FDOT personnel may make special reviews of any project. The CONSULTANT shall fully cooperate with and assist in making such reviews. REQUIREMENTS: 8.1 General: It shall be the responsibility of the CONSULTANT to administer the Contract to assure that the project is constructed in reasonable conformity with the plans, specifications, and Contract provisions. The CONSULTANT shall observe the Contractor during various operations to ensure the materials and methods used by the Contractor conform to the specifications of the Construction Contract, the FDOT Standard Specifications for Road and Bridge Construction, and designated Notes on the plans. No CONSULTANT under contract with Collier County to perform construction engineering and inspection or material sampling and testing on a particular project shall subcontract with the Contractor to perform Quality Control activities on the same construction project. The CONSULTANT shall advise the Construction Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action taken. Work provided by the CONSULTANT shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 8.2 Survey Control: The CONSULTANT shall verify the existence and accuracy of location for all reference points and baseline control points indicated on the plans. The CONSULTANT shall reestablish any missing or disturbed control points as required to maintain the accuracy for survey control. The CONSULTANT shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the CONSULTANT in performing verification surveys of consmaetion layout. The CONSULTANT shall: Make and record measurements necessary to calculate and document quantities for pay items; Make and record preconstruction cross section surveys of the project site where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project. AG~N.I~ IT/~ No. 8 SEP 10 2002 ..... I?_ 8.3 8.4. Perform incidental en~nccring surveys necessary to carry out the services cOvered by this Agreement and to verify and confirm the accuracy of the Contractor's survey layout work. On-site Inspection: The CONSULTANT shall monitor the Contractor's on-site construction operations and inspect materials entering into the work as required to assure that the projects are completed in reasonable conformity with the plans, specifications, and other Construction Contract provisions. The CONSULTANT will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The standard procedures and practices for inspection of construction projects are set out in the FDOT Construction Manual. In general, the CONSULTANT shall perform in accordance with these standard procedures and practices and with other accepted practices as appropriate and authorized by the Construction Project Manager. CONSULTANT employees responsible for Work Zone traffic control plan design, implementation, inspection, and/or for supervising the selection, placement, or maintenance of traffic schemes and devices in work zones shall be certified according to FDOT guidelines for Maintenance of Traffic Training (Topic No. 625- 010-010-a). Testing: The CONSULTANT shall perform, in conjunction with an independent, licensed laboratory, whose selection has been approved in writing by the Construction Project Manager, hired by the CONSULTANT, sampling and testing of component materials and completed work items so that the materials and workmanship incorporated in the project are in reasonable conformity with the plans specifications and contract provisions. The minimum sampling frequencies set out in the Florida Department of Transportation Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the CONSULTANT shall perform all on-site sampling of materials and such testing of materials and completed work items that are normally done in the vicinity of the project. Inspection and sampling of materials and components required at locations remote from the vicinity of the project and testing of materials normally done in a laboratory remote from the project site will also be included. The CONSULTANT shall be specifically responsible for determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, D.O.T. label, D.O.T. stamps, etc. effectiveness of the testing independent necessary to verify The Construction Project Manager will monitor the CONSULTANT'S testing procedures by obtaining and assurance samples. Independent assurance sampling is compliance with the specification requirements. The CONSUI.T~'r ehnll .notify_ the Construction Project Manager of schedules for sampling anlteS~io~ 9 SEP 1 0 2002 8.5 progresses on the construction contract so that Progress and Final Record sampling can be accomplished at the discretion of the County at the proper time. The CONSULTANT shall also be responsible for the progress record sampling of reinforcing steel. The CONSULTANT shall perform all necessary surveillance and inspection of the on-site hot-mix asphalt operations. The CONSULTANT shall provide surveillance and acceptance sampling and te~ting at any hot-mix asphalt plant providing mixes to a project under a Quality Assurance Specification. The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The CONSULTANT shall provide daily surveillance of the Contractor's Quality Control activities at the project site in regard to concrete and perform acceptance sampling at the specified frequency. Sampling, testing and laboratory methods shall be as required by the Florida Depaximent of Transportation's Standard Specifications or as modified by the contract provisions. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done or as otherwise directed by the Construction Project Manager. The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection. Management Engineering Services: The CONSULTANT shall perform all management-engineering services necessary to properly coordinate the activities of all parties involved in completing the project. These include maintaining complete, accurate records of all activities and events relating to the project; properly documenting all significant project changes; interpreting plans, specifications, and Construction Contract provisions in conjunction with the Engineer of Record; making recommendations to Construction Project Manager to resolve Construction Contract disputes; and maintaining an adequate level of surveillance of Contractor activities. The CONSULTANT shall also perform other management engineering services normally assigned to a Project Engineer that are required to fulfill its responsibilities under this Agreement. All recording and documentation will comply with standard FDOT and COLLIER COUNTY procedures, formats, and content. Services include, but are not limited to, the following: (1) Schedule and attend, within ten (10) days after the Notic, service conference for the project in accordance with FD~ 10 to Proceed, a pre- I r ro~A7 ~j~-M No. (v SEP 10 2OO2 (2) (3) (4) (5) (6) (7) At the pre-service meeting the CONSULTANT shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated starting. The CONSULTANT shall record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. Prepare and submit to the Construction Project Manager for county approval, within thirty (30) days after the pm-service meeting, a hard copy of the project specific,CONSULTANT Contract administration documents listed below. The CONSULTANT Contract administration documents, which shall be routinely used by the CONSULTANT throughout the project, shall be in the format and content provided by Collier County T.E. & C. M. D. The CONSULTANT Contract administration documents consist of but are not limited to the documents listed below: ao ho Action Request Form CONSULTANT Authorization to Execute Work Orders Letter of Transmittal Form Request For Supplemental Services Scope of Services Supplement No. Contract Status Report, or other approved fund tracking report CEI CONSULTANT Firm Estimated Staffing (completed accordance with the original CONSULTANT Contract agreement) CEI CONSULTANT Fee Proposal CEI CONSULTANT Data in Schedule and conduct a preconstruction conference for the project in accordance with Article 8-3.5 of the FDOT Standard Specifications for Road and Bridge Construction. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties. The meeting shall also be electronically recorded and the CONSULTANT shall maintain all tapes of the meeting for the duration of the Contract. Maintain on a daily basis a complete and accurate record of all activities and events relating to the project and a record of all work completed by the Contractor, including quantities of pay items in conformity with Final Estimates preparation procedures and specifications. Maintain a Project Diary in conformity with FDOT format. Maintain a log of all materials entering the work with proper indication of the basis of acceptance of each shipment of material. Maintain records of all submittal dates and testing accomplished under Section 8.2 - 8.7 of this Exhibit "A" and analyze such L.~.~_ ~ ,/)~1~ ~ ascertain acceptability of materials and completed work . ... SEP 1 0 2002 (8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. Quantifies shall be based on daily records or calculations. Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress Estimate. (9) For interpretations of the plans, specifications, and Contract provisions, the CONSULTANT shall consult with the Construction Project Manager when an interpretation involves complex issues or may have an impact on the cost of performing the work. When warranted, the Construction Project Manager may request an interpretation from the Engineer of Record. The Construction Project Manager shall coordinate all requests for involvement of the Engineer of Record. (10) Analyze problems that arise on a project and proposals submitted by the Contractor and prepare and submit a recommendation to the Construction Project Manager. (11) Analyze changes to the plans, specifications, or Construction Contract provisions and extra work which appear to be necessary to carry out the intent of the Contract when it is determined that a change or extra work is necessary and such work is within the scope and intent of the original Construction Contract. Recommend such changes to the Construction Project Manager for approval. (12) Manage the Contractor's CPM Schedule in accordance with the requirements outlined in Section 8.6, Contractor's CPM Schedule. (13) Analyze major problems that arise on the project and prepare a recommendation to the Construction Project Manager. (14) When it is determined that a modification to the ori~nal Contract for a project is required due to a necessary change in the character of the work, negotiate prices with the Contractor and prepare the required Work Order Directive and change order in accordance with applicable Collier County procedures. The CONSULTANT shall provide an analysis of the cost and/or time adjustments associated with the Work Order Directive. (15) In the event that the Contractor gives either written or verbal notice that he deems certain work to be performed is beyond the scope of thc Contract and that he intends to claim additional compensation, the CONSULTANT shall maintain accurate cost account records of such work. These records shall include manpower and equipment times and materials installed (temporary or permanent) in the portion of the work in dispute. (16) In the event that the Contractor for a project submits a claim for additional compensation, the CONSULTANT shall analyze the submittal and prepare a recommendation to Collier County Project Manager covering validity and reasonableness of charges and conduct negotiati: recommendations for settlement of the claim. Maintain c force account and other records of work involved in claim,~ 12 SEP 10 2002 (17) In the event that th~Q~siitmct~r for a project submits a request for extension of the allowable Contract time, analyze the request and prepare a recommendation to Construction Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items. (18) Prepare the Final Estimate and submit to the Construction Project Manage, with backup computations accompanying Computations Booklet in accordance with FDOT Field Standards for Final Estimates Manual. This task must be completed within Twenty (20) calendar days alter conditional or final acceptance of a project by Collier County T.E. & C.M.D. (19) Monitor each construction project to the extent necessary to determine whether construction activities violate the requirements of any permits. For each project that requires the use of the NPDES General Permit, supply at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors." Notify the Contractor of any violations or potential violations and require his immediate resolution of the problem. Violations must be reported to the construction Project Manager immediately. NPDES Erosion Control Inspection Requirements (if implemented by the Department of Environmental Protection): Those facilities that have an NPDES Permit and which discharge storm water from construction activities directly to waters of the United States which are listed on the EPA approved 303(d) list for total suspended solids (TSS), or other indicators of solids transportation such as turbidity, siltation, or sedimentation shall comply with the following: a. The permittee shall monitor by grab sample by a Certified NPDES Inspector, during regular working hours, once per month within the first 30 minutes of a qualifying event or within the first 30 minutes of the beginning of the discharge of a previously collected qualifying event for Settleable Solids (rn/1)~ Total Suspended Solids (mr/l), Turbidity (NTUs), and flow (MGD). bo Where the receiving water has flow upstream form the discharge, a background sample for Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid depth and immediately upstream form the influence of the discharge of storm water from the site. Co The soil type and average slope of the drainage area for each outfall shall be reported with the Discharge Monitoring Report submitted in accordance with section "e' (below). A qualifying event for the purpose of this sectior~ is a rain event of 0.5 inches or greater in a 24-hour period as dete~ nined~l~ltl~prl:l~t rain gauge. No. ' I[~1% /? 13 S£P 1 O 2002 Data collected in accordance with the above items shall be submitted to Environmental Protection Agency, the Florida Department of Environmental Protection, Construction Project Manager and a copy retained for the project file. Collect, store, and transport the samples per NPDES Storm Water Sampling Guidance Document (EPA 883-B-92-001). go Flow at the outfall should be estimated by Section 3.2.2 of the NPDES Storm Water Sampling Guidance Document. ho Within 48 hours of collection of samples, dehver the samples to a laboratory. Shop drawing/sample submittals shall bc coordinated and the status tracked as each progress through review and approval. The CONSULTANT shall actively encourage all reviewers to accomphsh reviews promptly. (2O) Provide timely coordination between the Contractor and utility companies to assure that conflicting utilities are removed, adjusted, or protected in place to minimize delays to construction. Documentation will be maintained in accordance with FDOT procedures. (21) The CONSULTANT Project Engineer will conduct a weekly meeting as required with the respective Contractor, subcontractors, and/or utility companies to review plans, schedules, problems, and other concerns. The Community Liaison shall attend these meetings. The CONSULTANT shall record the results of the meeting in written minutes. The CONSULTANT shall distribute the meeting minutes as directed by the Construction Project Manager. These meetings shall also be recorded electronically and the CONSULTANT shall maintain the tapes for the duration of the Contract. (22) Conduct and document field reviews of the maintenance of traffic operation during and after normal working hours and on weekends, nights, and holidays. Special concern shall be given to pedestrian and bicycle access throughout the work. (23) Perform survey work when required or requested by the Construction Project Manager. (24) Produce reports; verify quantity calculations, and field measure for payment purposes as needed to prevent delays in Contractor operations. (25) allowed to date, an estimate of the additional Contr anticipated to be added to the original Contract schedule t: 14 With each monthly invoice submittal, the CONSULTANT Project Engineer will provide a reviewed and approved Contract Status Report for the CONSULTANT Contract. This report will supply the CONSULTANT Project En~neer's accounting of the additional Contract calendar days SEP 1 0 2002 8.6 (26) (27) (28) (29) the Contract completion date, and an estimate of the CONSULTANT funds expiration date per CONSULTANT Contract schedule for the prime CONSULTANT and for each subconsultant. When the CONSULTANT identifies a condition that will require an Amendment to the CONSULTANT Contract, the CONSULTANT will communicate the need to the Construction Project Manager for an approval in concept. Once received, the CONSULTANT shall prepare and submit the request and all accompanying documentation to the Construction Project Manager and for approval and further processing. The CONSULTANT shall submit the amendment request prior to the depletion of the CONSULTANT Contract funds (consistent with and in accordance with the Contract Status Report) and shall allow Collier County adequate time to process, approve, and execute the amendment. The content and format of the amendment request and accompanying documentation shall be in accordance with the instructions and format for the Collier County T.E. & C.M.D. The CONSULTANT for the project shall be responsible for performing follow-up activities to determine the status of each contract amendment submitted to the Construction Project Manager. The Construction Project Manager will normally perform a CONSULTANT CEI PERFORMANCE EVALUATION at the completion of the project. The Construction Project Manager will meet with the CONSULTANT, at the CONSULTANT's request, to discuss the performance evaluation. Provide general public information services as required. Prepare "Road Alerts" for Community Liaison's release concerning lane closures, traffic switchovers, detours, etc. Inquiries fi:om public officials and the news media shall be directed to the office of the Community Liaison for coordination. Prepare newsletters for distribution to adjacent property owners as may be required. The Construction Project Manager must approve, in conjunction with the Community Liaison, all brochures, responses to news media, etc., prior to release. (30) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report. (31) Video tapes the preconstmction conditions throughout the project limits. Provide a digital photo log of project activities, with heavy emphasis on potential claim item~issues and on areas of real/potential public controversy. The Consultant shall use a soRware system fully compatible with Collier County Software to manage the digital picture album system. Contractor's CPM Schedule: 8.6.1 Initial CPM Review and Validation The CONSULTANT shall analyze the Contractor's 1 completeness and flow of activities, assuring that this' 15 :PM SEP 10 2002 8.7 8.6.2 Contract documents. This overview will validate that the schedule is functional, the information provided is reasonable, and the Contractor's plan for project completion within the Contract time is reasonable. The CONSULTANT shall provide the Contractor a written review that identifies any significant omissions, improbable durations, or errors in logic and provide the Construction Project Manager with recommendations pertinent to planning and scheduling the prOject work and completion of the project within the allowed Contract time. Monthly Progress Review The CONSULTANT shall track Contractor actual progress against the baseline schedule and conduct a monthly schedule update meeting with the Contractor. The CONSULTANT shall assure the Contractor complies with all requirements for periodic schedule updates and review the updates within 15 days to determine their accuracy. The CONSULTANT shall review all schedule changes. The CONSULTANT shall identify and document any future or existing problems and require the Contractor to disclose in writing bis plans for preventing or resolving these problems. The CONSULTANT shall prepare and distribute minutes of the Monthly Progress Review meeting-to-meeting attendees and other interested parties. 8.6.3 Contract Modifications The CONSULTANT shall assure that Contract modifications are based in the latest approved schedule and reflected in the next version of the Contractor schedule. 8.6.4 Planing The CONSULTANT shall work with the Contractor to establish a two-week look ahead schedule indicating expected Contractor work for discussion at the regular progress meetings. The anticipated work activities will be reviewed with all affected utility companies. The CONSULTANT shall use this schedule to establish whether or not the Contractor's near term plan will resolve or mitigate any previously unanticipated conflict or issues. 8.6.5 As Built Plan The CONSULTANT shall check and verify the accuracy of the Contractor's as-built construction plans monthly by comparing it with the Contractor's daily logs. Constructability Review: The CONSULTANT may be requested to provide a Constructability Review for the 60% and 90% design plans. This review shall be conducted by the CONSULTANT utilizing bis experience and knowledge to perform a complete review of the p.ro!ect including the following items: design, environmental issues, maintenance of traffic, fight of way, utility coordination, and con., xub~lnn SEP 10 2002 and procedures. The review will include field visits, notation of special environmental or job site conditions and a thorough review of the plans, specifications, contract documents and bid items. The CONSULTANT will notify the Engineer of Record and the ConstruCtion Project Manager of his findings and work with them to resolve the issues. The Constructability Review shall be the first task of work to be completed. The review and reports shall be completed and transmitted to the Construction Project Manager within fourteen (14) days of the date the County issues the appropriate plans for review. During the Constmctability Review, the CONSULTANT shall be sure to address the following items: 1. Make sure the description of work is clear and concise. 2. Review the list of pay items to ensure that all items of work are appropriately covered. 3. Review the summary of quantities to be sure all given quantities is accurate. Review and comment on whether or not the construction sequence phasing and maintenance of traffic have been correctly addressed and handled. 5. Be sure contract allows an adequate mount of time to reasonably construct the contract. Review the contract documents to ensure that the actual field conditions have been investigated and clearly represented in the documents. Review such items as Utilities Right of Way, Drainage, Maintenance of Traffic, Construction Sequences and Phasing, Permit Conditions, Quantities and Equipment requirements, Note any items that may cause problems with the project. Consider and comment on the field inspection standards, geotechnical investigation requirements, environmental compliance requirements and maintenance of traffic concepts. Determine the feasibility of construction equipment ingress, egress and placement at the jobsite including right of way and/or construction easement requirements, soil conditions to support heavy equipment. The CONSULTANT used in the review shall be an individual who will be involved in the actual construction of the overall projects. They shall be thoroughly knowledgeable of current specifications, policies and procedures used by Collier County and FDOT for the design and construction of highway fi giliti~tGgl~lD~ ITF.~ No 17 SEP 10 2002 9.0 PERSONNEL: 9.1 General Requirements: The CONSULTANT shall staffthe project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Acceptable staffing of personnel to be assigned to this project is outlined in Exhibit "A-A." 9.2 Personnel Qualifications: The CONSULTANT shall utilize only competent personnel, qualified by experience and education. The CONSULTANT shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each with respect to salary, education, and experience. Mhaimum qualifications for the CONSULTANT personnel are set forth in Exhibit "A-A" to this Agreement. The CONSULTANT Action Request form for personnel approval shall be submitted to the Construction Proiect Manager at least two weeks prior to the date an individual is to report to work. 9.3 Staffmg: Once authorized, the CONSULTANT shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Contract has been paid off. Proposed staff, including qualifications, must be submitted using Action Request forms provided by Collier County. These will be previewed and preapproved by the Construction Project Manager. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the CONSULTANT within one week of Collier County notification. Personnel identified in the CONSULTANT technical proposal are expected to be assigned as proposed and are committed to performing services under this CONSULTANT Agreement. Personnel changes will require written approval from Collier County. As Contractor operations on a Contract diminish, the CONSULTANT shall appropriately reduce the personnel it has assigned to that project. Construction engineering and inspection fomes are required of the CONSULTANT at all times while the Contractor is working on the Contract, but if Contractor operations stop, the CONSULTANT shall reduce its forces accordingly. CONSULTANT personnel adjusmaents recommended by the Construction Project Manager will be accomplished within one week of notification. The CONSULTANT will be allowed a maximum of ten (10) days to demobilize, relocated, or terminate its forces in the event conditions occur that require removing CONSULTANT forces from the project. AGt~I~IO~ ITF~IM No. tk (;.r~ /~ 18 SEP 1 0 2002 10.0 11.0 12.0 13.0 9.4 Licensin~ for Equipment Operation: The CONSULTANT will be responsible for obtaining proper licenses for equipment and for personnel operating such equipment. CONSULTANTS operating nuclear surface moisture-density gauges on Collier County projects are required to comply with Section X of FDOT's revised "Manual for Safety and Control of Equipment Containing Radioactive Materials" (a.k.a. Nuclear Manual). SUBCONSULTANT SERVICES: The CONSULTANT may subcontract for engineering, inspection, materials testing, or specialized professional services with prior written approval of the County. If required, the CONSULTANT shall provide all geotechnical services for this project. OTHER SERVICES: Upon written authorization by the Construction Project Manager, the CONSULTANT will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by Collier County T.E. & C.M.D. to supplement the CONSULTANT services under this Agreement. A. Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and all supporting documentation as needed or required by Collier County pursuant to the Collier County Alternative Dispute Resolution Procedures. B. Provide qualified engineering wimesses and exhibits for any litigation or heatings in connection with the Contract. C. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre-Suit Mediation. D. Provide on- and off-site inspection services in addition to those provided for in this Agreement. POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor for the project submits a claim for additional compensation and/or time after the CONSULTANT has completed this Agreement, the CONSULTANT shall, at the written request from Collier County, analyze the claim, prepare a recommendation to the Construction Project Manager covering validity and reasonableness or charges, and/or assist in negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a Supplement to this Agreement. CONTRADICTIONS: In the event of a contradiction between provisions of this Scope of Services and the CONSULTANT'S proposal, the provisions of the Scope of Sentiees shall, override,,, other considerations. No.AG.~D~DIT SEP 1 O 2002 19 14.0 LENGTH OF SERVICE: The CONSULTANT services for the Contract shall begin upon written notification to proceed by the Construction Project Manager. This notice to proceed will be issued anytime subsequent the award of a Contract at Collier County's discretion. The length of services as herein established for Contract on the CONSULTANT beginning work when notified and continuing to work until acceptance. For estimating purposes the CONSULTANT will be allowed an accumulation of thirty- (30) working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed on the first project to begin and thirty- (30) calendar days subsequent final acceptance of the Contract to be completed. The anticipated letting schedules and construction times for the projects are tabulated below: Construction Estimate Consultant Estimate County Letting Date Start Date Duration Time Start Date Duration Time Prqject No. (Mo/Day/Yr) (Mo/Day/Yr) (Days) (Mo/Day/Yr) (Days) 62071 8/22/02 10/07/02 780 9/09/02 840 15.0 INVOICING INSTRUCTIONS: Monthly invoices shall be submitted to Collier County in a format approved by Collier County, no later than the 20th day of the month following the month being invoiced. If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT shall notify Collier County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the CONSULTANT shall notify the Construction Project Manager via E-Mail of the total delay in calendar days and the reason(s) for the delay(s). All invoices shall be submitted to Collier County in hard copy format. 20 AGF..~iD,~ ITErM- SEP 10 2002 EXHIBIT ~'A-A" MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL* Before the project begins, all project staff shall have posses all the knowledge, skills, and abilities required in obtaining the necessary c~'tificafiom for performing the duties of the position they hold. The Senior Project Engineer and the Project Engineer shall ensure the FDOT's current practices, policies, and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at any additional cost to Collier County and should occur as work load permits. Current FDOT certifications may be used until specified time limits as posted in the Construction Training Qualifications Manual (CTQP) unless expiration occurs sooner. Visit the FDOT Web page under training for current dates. SENIOR PROJECT ENGINEER - A Civil En~neeting degree plus registration by the Florida State Board of Engineers Examiners as a Professional Engineer (or if registered in another state, the ability to obtain registration in Florida within six months) and six (6) years of engineering experience (two (2) years of which are in major road and bridge construction), or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction. Qualifications include the ability to communicate effectively in English (verbally and in writing). Direct a highly complex and specialized construction engineering administration and inspection program. Plan and organize the work of subordinate and staff members. Develop and/or review policies, methods, practices, and procedures; and review programs for conformance with FDOT standards. Also must have the following: Qualifications: None Certifications: MOT Level II ATTSA or IMSA. A Master's Degree in Engineering may be substituted for two (2) years experience. PROJECT ENGINNER - A Civil Engineering degree plus two (2) years engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience (two (2) years of which involved construction of major road and bridge structures). Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be required to attend the Final Estimate Preparation Seminar. Should have knowledge of FDOT Field Standards. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: Asphalt Roadway Level II (will require Roadway Level I written exam) Certifications: MOT Level II ATTSA or IMSA A Master's Degree in Engineering may be substituted for one (1) year of experie 21 AGEND&ITEM . i':5 SEP: O 2002 OFFICE ENGINEER - High school diploma or equivalent and four (4) years of road and bridge construction engineering inspection (CEO experience having performed/assisted in the following project related duties: CQR progress and final estimates, Supplemental Agreement/Amendment processing, etc; or a Civil Engineering degree and completion of the Final Estimates Preparation Seminar. Should exercise independent jud~t~nent in planning work details and making technical decisions related to the office aspects of the project and accept general supervision and verbal instructions from Project Resident En~neer. Should be familiar with the FDOT Procedures covering project-related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in Multi-Line, Engineering Menu, and complete the State's Final Estimate Self Study course and attend the Final Estimate Preparation Seminar for Constant CEIs or the District-Specific Final Estimate Preparation Seminar. OFFICE MANAGER - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed the following office related duties: CQR, progress and final estimates, EEO compliance, Supplemental Agreement/Amendment processing, etc. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Engineer in office-related duties (i.e., CQK, progress and final estimates, EEO compliance, Supplemental Agreement/Amendment processing, etc.). Works under the general supervision of the Senior Project Engineer and staff. Note: This position will not be used if an Office Engineer is being utilized. SENIOR INSPECTOR - High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection, plus the following: Qualifications: Concrete Field Inspector Level I Concrete Transportation Construction Inspector (CTCI) Level II (major bridge only) Asphalt Roadway Level I Of applicable) Asphalt Roadway Level II (If applicable) Earthwork Construction Inspection Level I EarthWork Construction Inspection Level II FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: MOT Level H ATTSA or IMSA Nuclear Radiation Safety ACI Level I or a Civil En~neering degree and one (1) year of road and bridge CEI experience. Responsible for performing highly complex technical assignments in field surveying and construction work and conducting layout, making and checking en~neering computations, inspecting construction field tests, and is responsible for coordinating and managing the lower level performed under the general supervision of the Project Engineers. 22 SEP 1 0 2002 Po. INSPECTOR - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway inspection plus the following: Qualifications: Concrete Field Inspector Level I Asphalt Roadway Level I (If applicable) Earthwork Construction Inspection Level I FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (if applicable) Certifications: Nuclear Radiation Safety ACI Level I or a Civil Engineering graduate. Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first year of working as an inspector. Exceptions will be permitted on a case-by-case basis as long as certification is appropriate for specific inspection duties. ASPHALT PLANT INSPECTOR - High school graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and the following: Qualifications: Asphalt Plant Level I Asphalt Plant Level H SECRETARY/CLERK TYPIST - High school graduate or equivalent with two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard work processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Works under general supervision of the Project Engineer and theft staff. GEOTECIINICAL ENGINEER - A Professional Engineer (PE) duly registered under Florida State Rule and Statute, plus four (4) years experience as a G-eotechnical Engineer in responsible charge of the geoteclmical work on at least two (2) major bridges with drilled shaft or pile foundations (whichever is appropriate). Shall have experience using the drilled shaft inspection device and osterburg cells in conjunction with load tests on drilled shafts or experience using the Pile Driving Analyzer (PDA), CAPWAP & WEEP programs for pile analysis. GEOTECHNICAL TECHNICIAN - High School diploma plus three (3) years experience working under a Geotechnical Engineer setting up instrumentation and monitoring the geotechnical work. Able to perform detailed calculations and follow detailed technical instructions. Exceptions to these minimum standards will be considered on an individual Construction Project Manager will make recommendations on all personnel 23 SEP 1 0 20O2 Po. Schedule of Peee for: Work Ord.' tlkadM FT-92-01 (Professimal ~ EnO. Insp.) eel Miler Conb'act Dated May 8, 2001 (Bid ~U003184) Toclny~ Date: 7/16/02 LI~ Road, Phase Ill - Pine Ridge Road to Immokalee Road C.llim- County Project 62071 Estlmatad Fee Total Hourly To(al Sr. Project Engineer Dermis Roza 924 $105.00 $97,920 Project Engineer Andy Pe~ny 4620 $90.00 $415,800 Office Engineer Kathleen Thompson 2310 $75.00 $173,250 Secretary/RCO Kathlmm Thompson 2310 $45.00 $103,950 Sr. Inspect~ John Handley 4620 $65.00 $300,300 Inspector Ahrie Davis 2970 $60.00 $146,500 Inspector Kathy Griffin 3712.5 $50.00 $185,625 To431 CB Straight Time Costs (inchJdeS Utility Inspectim) $1,498,695 Premium OT Hours Total Hourly Total Manhours Fee Fee Project Engineer Andy Penny 462 $135.00 $62,370 Office Engineer Kathleen Thompso~ 231 $112.50 $25,988 Sr. Inspector John Handley 462 $97.50 $45,045 Inspector ,advie Davis 297 $75.00 $22,275 Inspector Kathy Griffin 371.25 $75.00 $27,844 Total CF! Overtime Cost~ $183,521 Total Hourly Total Survey Fee: Days Fee Fee 4 Man Crew Days 30 $1,040.00 $31,200 PLS 30 sgo.00 $2,700 Total Survey Costs $33,900 Utility Insoeclie~ Total Heady Total Manhoum Fee Fee 148,5 $50.00 $74.250 Lump ,~um ~ includes office rer~, copier lease, cleaning, electric, and telephone expenses $91,504.00 $91,504.00 A~aman & Assodatmk Inc. To~I Testing CNality Assurance & Matmtal Teslina ~23,000 $23,000 Total Maximum Fee $1,830,620 SEP 10 2002 Monthly Months Fee Total Office Lease 28 2478 $69,384.00 Telephone 28 165 $4,620.00 Electric 28 125 $3,500.00 Cleaning 28 200 $5,600.00 Copy Machine 28 300 $8,400.00 Grand Total $91,504.00 AGE~IDA~ ITEM SEP 10 2002 SEP ! O 2002 EXECUTIVE SUMMARY APPROVE WORK ORDER FOR $854,078.00 FOR THE CONSTRUCTION ENGINEERING & INSPECTIONS SERVICES BY HDR CONSTRUCTION CONTROL CORP. FOR LIVINGSTON ROAD PHASE IV (IMMOKALEE ROAD TO THE COUNTY LINE) FOUR AND SIX LANE IMPROVEMENTS, PROJECT NO. 65041 OBJECTIVE: To receive Board approval of the work order for Construction Engineering Inspection (CEI) services by HDR Construction Control Corp. for the Livingston Road Phase IV construction project between Immokalee Road and the county line. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners approved an agreement for Construction Engineering & Inspection Services for Collier County Road Projects (Bid #00-3184). Staff began work order negotiations with HDR Construction Control Corp. for their services on the Livingston Road Phase IV construction project between Immokalee Road and the County line, which resulted in the attached proposal. This work order, along with road construction, is scheduled for completion in 540 days (18 momhs). (See attached Work Order). .,~,-~FISCAL IMPACT: Funds in the amount of $835,078.00 are available in the Transportation Supported Gas Tax Fund to pay for the road portion and an amount of$18,325.00 is available fi.om the County Sewer Capital Fund. Source of Funds are Gas Taxes and User Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Elemem (CIE #65041) is consistent with the Growth Managemem Plan and the Board approved five-year Transportation work program. RECOMMENDATION: That the Board of County Commissioners award a work order to HDR Construction Control Corp. for the Construction Engineering & Inspection Services for the Livingston Road Phase IV, Immokalee Road to the County Line, four and six lane construction project. SEP 1 0 2002 SUBMITTED '~Lynfi R. Thorpe, P.E. Princ~,P o~ APPROVED BY: · ,~ Gregg ~. Strakaluse Director, T.E. & C.M.D. APPROVED BY: ~ ~'-*" '~ - - ---- Roy Anderson, P.E. Director, P.U.E.D. Steve Cfimell Direct°k, Pur~r~asing/General Services ,q / ~ ,,,,;!: Norn/an E. Feder, AICP, Administrator Tran]sportation Division Date: >~ I~rl. ~ SEP 1 0 2002 WORK ORDER # HDR-FT-02-01 (Professional Construction. Eng. Insp.) CEI Major Contract Dated May 8, 2001 (Bid #003184) This Work Order is for CEI services for work known as (Title) Livingston Road Phase IV. (Reason for Pro.iect) To perform Construction, Engineering and Inspection Services The work is specified in the proposals dated March 26, 2002 and April 24, 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 # HDR-FT-02-01. is assigned to: HDR Construction Control Corp_. Scope of Work: Provide Construction, Engineering Phase IV Project. See the attached Proposal. and Inspection Services on the Livingston Road Schedule of Work: Complete work within 540 Calendar days from receipt of the Notice to Proceed. Compensation: The County will compensate the Firm in accordance with the negotiated not-to-exceed sum amount of $854,078.00, as provided in the attached proposal. The road project fee is $835,753.00 and the utility fee is $18,325.00. See attached schedule of fees. SEP 1 0 2002 PREPARED BY:/ L--Lyn~R Thorpe, P.E., Principal Project Manager AUTHORIZED B,Y' '/~" ~ Ly, nn Rt. Thorpe, P.E., Principal Project Manager k=..- ' APPROVED BY: APPROVED BY: ACCEPTED BY: P.U.E.D ~r~tAmlnCiPstrator ---' William H. Wadsworth, P.E. Senior Vice President HDR Construction Control Corp. Date Date / Date ate Date AGENDA, ITeM SEP 1 O 2002 March 26, 2002 Ma-. Dale A. Bathon, P.E. Senior Project Manager Collier County TE & CM 2675 Horseshoe Drive South - Suite 401 Naples, Florida ~ ~ 4.1 ~ ~- Contract #00-3184 "CEI Services for Collier County Road Projects" Livingston Road Phase IV - Revised Man-hour Estimate Collier County Project No. 65041 Dear Mr. Bathon: As per your request, we are pleased to submit the negotiated man-hours for the above mentioned project. We have enclosed the man-hour estimate work sheet along with estimated cost. We have also included a contingency for the inspectors at the asphalt plant and at the pre-cast yard. Should you have any questions or require additional information, please do not hesitate to contact me at (941) 707-3267, or e-mail at KVieth~hdrinc.com. Sincerely, HI)R CONSTRUCTION CONTRO~RP. KarI E. Vieth SW Florida Manager Enclosures CC: Lynn Thorpe., Sr. Project Manager, TE & CM Vay Scott, P.E., Fla. Const. Svcs. Manager, HI)R-CCC HDR Construction Control Corp. 2~900 HarbourView Rd., Punta Gorda, Florid Telephone No. (941) 764-0736 Fax No. (941) 764-1041 AGENDA~ ITeM No. l L~L'5 7 33980 ' ' ' SEP 2002 Pg. Project Description: ESTIMATED COSTS CONSTRUCTION ENGINEERING & INSPECTION SERVICES PREPARED FOR COLLIER COUNTY, FLORIDA CONTRACT # 00.3184 CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS LIVINGSTON ROAD PHASE IV EMPLOYEE CLASSIFICATION Senior Project Engineer Project Engineer Senior Inspector Inspector Administrative Assistant Contingency Inspector (Asphalt) Contingency Inspector (Precast) (Overtime) Senior Inspector (Overtime) Inspector PLS CADD Tech. 4 Man Survey Crew Reimbursable Expenses: Material Testing Services: REGULAR TIME AVG. HOURLY SALARY MANHOURS BILLING RATE * COSTS 594 $105.00 $ 62,370.00 2765 $ 90.00 $ 248,850.00 2640 $ 65.00 $171,600.00 2642.5 $ 50.00 $132,125.00 1815 $ 45.00 $ 81,675.00 165 $ 65.00 $ 10,725.00 165 $ 65.00 $ 10,725.00 420 $ 74.75 $ 31,395.00 408 $ 57.50 $ 23,460.00 40 $ 90.00 $ 3,600.00 80 $ 60.00 $ 4,800.00 80 $ 130.00 $ 10,400.00 $ 28,710.00 $ 15,318.00 ROADWAY & BRIDGE INSPECTION TOTAL MAXIMUM LIMITING FEES ** $ 835,753.00 Overtime hours based on 15% of the regular time manhours. Estimate prepared by HDR Construction Control Corp. 2202 North Westshore Blvd. Suite 250 Tampa, Florida 33607 (813) 282-2300 AGEND~ ITF,,J~ No. II~'l:b '/ SEP 1 0 2002 Pg.., Q' Project Description: ESTIMATED COSTS CONSTRUCTION ENGINEERING & INSPECTION SERVICES PREPARED FOR COLLIER COUNTY, FLORIDA CONTRACT # 00-3184 CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS LIVINGSTON ROAD PHASE IV EMPLOYEE CLASSIFICATION REGULAR TIME AVG. HOURLY SALARY MANHOURS BILLING RATE * COSTS Project Engineer Senior Inspector Inspector 40 $ 90.00 $ 3,600.00 165 $ 65.00 $ 10,725.00 80 $ 50.00 $ 4,000.00 UTILITY INSPECTION TOTAL MAXIMUM LIMITING FEES ** $ 18,325.00 Estimate prepared by HDR Construction Control Corp. 2202 North Westshore Blvd. Suite 250 Tampa, Florida 33607 (813) 282-2300 AGEN D,~, !T,J~ M No. H~tO ._ SEP 1 0 2002 Contract # 00-3184 Livingston Road Phase IV Reimbursable Expenses I Months Rate Total Field Office 18 $1,010.00 $18,180.00 Telephone Service 18 $ 150.00 $ 2,700.00 Electric Service 18 $ 150.00 $ 2,700.00 Copy Machine 18 $ 160.00 $ 2,880.00 Cleaning Service 18 $ 125.00 $ 2,250.00 Total $ 28,710.00 AC-~END~ SEP 1 0 2002 Material Testing Services Contract # 00-3184 Livingston Road Phase IV ~UANTiT¥ i~Xi~ FEE St~t~dard ~rocl~r 'i'est 20 $70.00/test $t,400 Llmer~ck ~eaflHo Ratio Test t 0 $225.00/tes{ $2,250 Liquid Limit ~ $45.oottest $18o Plastic Limi~ a~d Plasticity Index 4 $50.00/[est $200 Carbonate Tests $50.00/tes~ $200 Lab PreparaUoH of Soil Samples 38 $ ~ 1.00/ea. $418 Co~cm~e C~p~sslVe strength 50 $6.00/test $300 BttU~iHOU~ PlahJ IHspecJion 40 $43.00/hour $i,720 Wave EqUatioH AHalysis 2 $200.00/ea. $40o Pile gflvi~g A~alxses 2 $1250.00/ea. $2,500 Cap Wap Ahalyses 2 $500.00/ea. $1,000 Pdnclpal EhgtHee~Time 50 _~$9~gO/hour $4,750 AGENDA ITeM SEP I 0 2002 Pg q SCOPE OF SERVICES EXHIBIT "A" SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) County Job No: 65041 Description: Livingston Road, Immokalee Road to County Line Collier County 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 PURPOSE .......................................................................................... 2 -) SCOPE ............................................................................................... DEFINITIONS .................................................................................... 3 ITEMS TO BE FURNISHED BY THE COLLIER COUNTY TO CONSULTANT ..... 4 ITEMS FURNISHED BY THE CONSULTANT ............................................ 4 LIAISON ............................................................................................ 6 COOPERATION AND PERFORMANCE OF THE CONSULTANT ..................... 7 REQUIREMENTS ................................................................................ 8 8.1 8.2 8.3 8.4 8.5 8.6 8.7 General ................................................................................ 8 Survey Control ....................................................................... 8 On-site Inspection .................................................................... 9 Testing ................................................................................. 9 Management Engineering Services .............................................. 10 Contractor's CPM Schedule ...................................................... 15 Constructability Review ........................................................... 16 PERSONNEL .................................................................................... 18 9.1 General Requirements ............................................................. 18 9.2 Personnel Qualifications ........................................................... 18 9.3 Staffing ............................................................................... 18 9.4 Licensing for Equipment Operation .............................................. 19 SUBCONSULTANT SERVICES ............................................................ 19 OTHER SERVICES ............................................................................ 19 CONTRADICTIONS ..................... '... 2 . 2 .... tl 9 ...................................... SEP 1 0 2002 I i(3 14.0 15.0 1.0 2.0 LENGTH OF SERVICE ........................................................................ 20 INVOICING INSTRUCTION ................................................................. 20 EXHIBIT "A-A" - MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL .............................................. 21 SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION PURPOSE: This scope of work describes and defines the services, which are construction engineering, inspection, materials sampling and testing, administration for the construction project listed below. required for and contract SCOPE: The CONSTULTANT shall be responsible for construction engineering and administrative functions as defined in this Scope of Services and referenced manuals and procedures, which are normally handled by a Florida Department of Transportation (FDOT) Project Engineer. The CONSULTANT shall utilize effective control procedures, which will assure that the construction of the project listed below is performed in reasonable conformity with the plans, specifications, and contract provisions for such projects. The project for which the services are required is: COUNTY Project No: 65041 Description: Livingston Road, Immokalee Road to County Line County: Collier The CONSULTANT shall provide technical and administrative personnel meeting the requirements set forth in Section 9.0 of this Scope of Services in appropriate numbers at the proper times to ensure that the responsibilities assigned under this Agreement are effectively carried out. All construction, engineering, inspection and administration activities shall be performed in accordance with the established standard procedures and practices of the Florida Department of Transportation. Prior to furnishing any services, the CONSULTANT shall be familiar with those DOT standard procedures and practices and with the procedures and practices for construction, engineering, inspection and contract administration used by Collier County Transportation Engineering and Construction Management Department (T.E. & C.M.D.). The Construction Project Manager will track the execution of the construction contract in order to ensure that the CONSULTANT is given timely authorization to begin work. While no personnel shall be assigned until written notification by the Construction Project Manager has been issued, the CONSULTANT shall be ready to assign personnel within two weeks of notification. For the duration of the project, the CONSULTANT shall coordinate closely with the Construction Project Manager minimize rescheduling of CONSULTANT activities due to con,, changes in scheduling of Contractor activities. 2 and ~g~q~ SEP { 0 2002 Pg. 3.0 DEFINITIONS: CONSULTANT Senior Project Engineer: The Engineer assigned by the CONSULTANT to manage one or more Construction Projects. This person may supervise other CONSULTANT employees and act as the lead Engineer for the CONSULTANT. CONSULTANT Project Engineer: The Engineer assigned by the CONSULTANT to manage this project. Co Construction Project Manager: The Collier County T.E. & C.M.D. employee assigned to manage the Construction Engineering and Inspection Contracts. The Construction Project Manager will be in responsible charge and direct control of the projects. CONSULTANT: The Consulting firm under contract to Collier County for administration of Construction Engineering and Inspection services. Contractor: The individual, firm, or company contracting with Collier County T.E. & C.M.D. for performance of work or furnishing of materials. Fo Contract: The written Agreement between Collier County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. Go CONSULTANT Contract: The written Agreement between Collier County and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. Ho Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. Community Liaison: The Collier County employee assigned to manage Public Information for the Collier County T.E. & C.M.D. Jo OWNER: The Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida. K. COUNTY: Collier County, a political subdivision of the State of Florida. 3 ^q NDb No. / SEP I 0 2002 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT: The following items will be furnished by Collier County T.E. & C.M.D. on an as needed basis. The CONSULTANT shall submit a request in writing for needed items to the Construction Project Manager. 1. Contract documents for each project as follows: 5 sets Construction Plans - 11" x 17" 5 sets Special Provisions 1 copy Contract Form All standard forms for use under the terms of this Agreement will be provided in hard copy at the Pre-Services meeting and via electronic mail. The CONSULTANT shall utilize only Collier County forms on the project. 5.0 ITEMS FURNISHED BY THE CONSULTANT: The COUNTY may require a satellite office for this project. The CONSULTANT shall be reimbursed for this satellite office at a firm and fixed monthly cost for the following items only: 1. Office rent/lease 2. Office telephone (cell phones not included) 3. Office electric service 4. Copier rental 5. Custodial fees for office Consultant shall list this fixed monthly cost as a line item of the fee proposal titled "Satellite Office Expenses", and shall also be listed as such on invoices submitted to the COUNTY for payment. The CONSULTANT shall initially submit documentation supporting the expenses to the Construction Project Manager for approval, whereupon a mutually agreed upon firm and fixed monthly cost will be determined for the duration of the project. It shall not be necessary for the CONSULTANT to submit any further documentation once the Construction Project Manager has agreed upon the monthly reimbursable amount. All other expenses related to office and field equipment required under the terms of this Agreement shall be the responsibility of the CONSULTANT and shall not be considered as reimbursable. The CONSULTANT shall also furnish such other storage and parking space, as 4approved by the Construction Project Manager, to effectively carry out their responsibilities under this Agreement. The CONSULTANT shall provide the appropriate number of vehicles to accommodate their project pe ',onnel_ AGi~NDA IT. EM 4 SEP ! 0 2002 Equipment supplied by the CONSULTANT shall consist of items determined by the Construction Project Manager to be essential in order to carry out the work under this Agreement. The CONSULTANT will provide all survey equipment, testing equipment, photographic equipment, tapes, roles, and any other items necessary. All applicable FDOT documents shall be a condition of this Agreement. The documents normally required by the CONSULTANT are listed below. The CONSULTANT shall review this list and obtain those documents that are not in his possession as well as any other applicable document that may be required that are not listed below. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at www.dot, state, fl. us. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, M.S. 12 Tallahassee, Florida 32399-0450 Telephone No. (904) 488-9220 Documents normally required by the CONSULTANT shall include, but are not limited to, the following list of documents. The version to be used shall be in compliance with the project plans and specifications. Materials Directives: Directives convey certain FDOT practices and procedures relating to sampling and testing of materials entering into construction project. Materials Sampling, Testing, and Reporting Guide: This schedule sets out the method of acceptance for minimum sampling frequency, sample size, responsibility for sampling, responsibility for testing, test name, appropriate report form number, and sample identifications information for material to be incorporated into construction project. Qualified Products List of Approved Material Sources and Subsequent Updates. 4. Each of the following estimate preparation aids provided by the FDOT: Field Standards for Final Estimates Manual Basis of Estimate Manual Sample Computations Manual Final Estimate Preparation Short Course 5. Field Sampling and Testing Manual (FDOT & ASTM) o FDOT Standard Specifications for Road and Bridge Construction and Supplements (for all field personnel). FDOT Roadway and Traffic Design Standards (for al FDOT Structures Standards. 5 fi¢l~ oersonneh AOENDA,I~TF_.,~ SEP I 0 2002 6.0 Co 9. Manual on Uniform Traffic Control Devices (MUTCD). 10. Utility Accommodation Guide (FDOT) 11. A list of FDOT Training Courses relating to Construction Engineering and Inspection. Field Equipment Includes those non-consumable, non-expendable items which are normally needed for a CEI project, including but not limited to the following: vehicles, facsimile machines, calculators, tape recorders/ transcribers, typewriters, computers, word processors, printers, cameras, camcorders, communication equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety vests, life vests (if applicable), level/rod, tripod, roll-a-meters, rain gear, shovels wheelbarrows, hammers, portable water coolers, gauges, engineering scales, tape measures, drafting tools, slump cone, tamping rod, nuclear density machine, measuring wheel, thermometer, flashlights, speedy moisture kits, and turbidity meters. Use-cost equipment described herein and expendable materials under this Agreement will remain the property of the CONSULTANT and shall be removed at completion of the work. Vehicles and hard hats shall have the name and phone number of the consulting firm visibly displayed. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. CONSULTANT personnel using equipment furnished by them shall input all computer coding. The CONSULTANT will also furnish computer services/software needed for project scheduling, documentation, and control (Primavera/Suretrak, Claim Digger, etc.). Ownership and possession of computer equipment and related software, which is provided by the CONSULTANT, shall remain at all times with the CONSULTANT. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. LIAISON: The CONSULTANT shall be fully responsible for carrying out all functions assigned to it by this Agreement on the construction projects. All activities and decisions of the CONSULTANT relating to the projects shall be subject to review and approval by the Construction Project Manager. The CONSULTANT shall provide coordination of all activities, correspondence, reports and other communications related to its responsibilities under this Agre :menl the Construction Project Manager to carry out his responsibilities. 6 2002 In performing their duties, the CONSULTANT shall utilize the standard forms provided at the Pre-Services meeting. The CONSULTANT shall utilize an Action Request form for all requests related to CONSULTANT Contract/administrative issues. The Action Request 7.0 form shall be submitted under separate cover to Construction Project Manager with all accompanying required documentation (Resumes, Certifications, etc.) to each. The content and format of the Action Request form shall be in accordance with the instructions provided by the Collier County T.E. & C.M.D. Construction engineering and inspection forces will be required of the CONSULTANT at all times while the Contractor is working under the construction contract. If Contractor operations are suspended, the CONSULTANT will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of CONSULTANT forces from the project, the CONSULTANT will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. It shall be the CONSULTANT's responsibility to ensure that sufficient funds to complete services under this Agreement remain in the CONSULTANT Contract at all times. In the event of construction project delays or changes beyond the control of the CONSULTANT, which affect the terms of this Agreement, the CONSULTANT shall submit a Supplemental Amendment Request to Collier County. These requests will be submitted for County approval and execution prior to performing additional work and prior to funds expiration. consistent with and in accordance with the Contract Status Report, or other approved report for tracking CONSULTANT Contract funds. Supplemental Agreements preparation, submission, and subsequent follow-up activities are the responsibility of the CONSULTANT in accordance with Section 8.5 (29) and (30), Management Engineering Services. COOPERATION AND PERFORMANCE OF THE CONSULTANT: During the term of this Agreement, the Construction Project Manager will review various phases of CONSULTANT operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement and to confirm that construction work and administrative activities are performed in reasonable conformity with FDOT and Collier County T.E. & C.M. policies, plans, specifications, and Contract provisions. The CONSULTANT shall cooperate and assist the Construction Project Manager in conducting the reviews. If deficiencies are indicated, the CONSULTANT shall implement remedial action immediately in conformance with Collier County T.E. & C.M.D. recommendations. Collier County T.E. & C.M.D. recommendations and CONSULTANT responses/actions are to be properly documented by the Construction Project Manager. No additional compensation shall be allowed for remedial action taken by the CONSULTANT to correct deficiencies. Remedial actions and required response times may include, but are not necessarily limited to, the following: A. Further subdivided assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. Replace personnel whose performance has been determined by the Construction Project Manager to be inadequate. Personnel whose perf }rn,~,,,-,~ h,,o 5::n determined to be unsatisfactory shall be removed immediately. AGfiNDAA,'ITr.~ / 7 SEP 1 0 2002 I¢ 8.0 Immediately increase the frequency of job control testing in phases of work that are the CONSULTANT's responsibility. D. Increase the scope and frequency of all training conducted by the CONSULTANT. Additionally, FDOT personnel may make special reviews of any project. CONSULTANT shall fully cooperate with and assist in making such reviews. The REQUIREMENTS: 8.1 General: It shall be the responsibility of the CONSULTANT to administer the Contract to assure that the project is constructed in reasonable conformity with the plans, specifications, and Contract provisions. The CONSULTANT shall observe the Contractor during various operations to ensure the materials and methods used by the Contractor conform to the specifications of the Construction Contract, the FDOT Standard Specifications for Road and Bridge Construction, and designated Notes on the plans. No CONSULTANT under contract with Collier County to perform construction engineering and inspection or material sampling and testing on a particular project shall subcontract with the Contractor to perform Quality Control activities on the same construction project. The CONSULTANT shall advise the Construction Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action taken. Work provided by the CONSULTANT shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 8.2 Survey Control: The CONSULTANT shall verify the existence and accuracy of location for all reference points and baseline control points indicated on the plans. The CONSULTANT shall reestablish any missing or disturbed control points as required to maintain the accuracy for survey control. The CONSULTANT shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the CONSULTANT in performing verification surveys of construction layout. The CONSULTANT shall: Make and record measurements necessary to calculate and document quantities for pay items; Make and record preconstruction cross section surveys of the project site where earthwork (i.e., embankment, excavation, subsoil [cavaticm ~tt- '~ it part of the construction project. No.AO~I~.~T,~ · - ,/ a SEP 1 0 2002 8.3 8.4. Perform incidental engineering surveys necessary to carry out the services covered by this Agreement and to verify and confirm the accuracy of the Contractor's survey layout work. On-site Inspection: The CONSULTANT shall monitor the Contractor's on-site construction operations and inspect materials entering into the work as required to assure that the projects are completed in reasonable conformity with the plans, specifications, and other Construction Contract provisions. The CONSULTANT will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The standard procedures and practices for inspection of construction projects are set out in the FDOT Construction Manual. In general, the CONSULTANT shall perform in accordance with these standard procedures and practices and with other accepted practices as appropriate and authorized by the Construction Project Manager. CONSULTANT employees responsible for Work Zone traffic control plan design, implementation, inspection, and/or for supervising the selection, placement, or maintenance of traffic schemes and devices in work zones shall be certified according to FDOT guidelines for Maintenance of Traffic Training (Topic No. 625- 010-010-a). Testing: The CONSULTANT shall perform, in conjunction with an independent, licensed laboratory, whose selection has been approved in writing by the Construction Project Manager, hired by the CONSULTANT, sampling and testing of component materials and completed work items so that the materials and workmanship incorporated in the project are in reasonable conformity with the plans specifications and contract provisions. The minimum sampling frequencies set out in the Florida Department of Transportation Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the CONSULTANT shall perform all on-site sampling of materials and such testing of materials and completed work items that are normally done in the vicinity of the project. Inspection and sampling of materials and components required at locations remote from the vicinity of the project and testing of materials normally done in a laboratory remote from the project site will also be included. The CONSULTANT shall be specifically responsible for determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, D.O.T. label, D.O.T. stamps, etc. The Construction Project Manager will monitor the effectiveness of the CONSULTANT'S testing procedures by obtaining and testing independent assurance samples. Independent assurance sampling is ne :e.q~arv tn v~rif~J compliance with the specification requirements. The CONSUL' the Construction Project Manager of schedules for sampling and es~~ 9 SEP 1 0 2002 progresses on the construction contract so that Progress and Final Record sampling can be accomplished at the discretion of the County at the proper time. The CONSULTANT shall also be responsible for the progress record sampling of reinforcing steel. The CONSULTANT shall perform all necessary surveillance and inspection of the on-site hot-mix asphalt operations. The CONSULTANT shall provide surveillance and acceptance sampling and testing at any hot-mix asphalt plant providing mixes to a project under a Quality Assurance Specification. The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The CONSULTANT shall provide daily surveillance of the Contractor's Quality Control activities at the project site in regard to concrete and perform acceptance sampling at the specified frequency. Sampling, testing and laboratory methods shall be as required by the Florida Department of Transportation's Standard Specifications or as modified by the contract provisions. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done or as otherwise directed by the Construction Project Manager. The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection. 8.5 Management Engineering Services: The CONSULTANT shall perform all management-engineering services necessary to properly coordinate the activities of all parties involved in completing the project. These include maintaining complete, accurate records of all activities and events relating to the project; properly documenting all significant project changes; interpreting plans, specifications, and Construction Contract provisions in conjunction with the Engineer of Record; making recommendations to Construction Project Manager to resolve Construction Contract disputes; and maintaining an adequate level of surveillance of Contractor activities. The CONSULTANT shall also perform other management engineering services normally assigned to a Project Engineer that are required to fulfill its responsibilities under this Agreement. All recording and documentation will comply with standard FDOT and COLLIER COUNTY procedures, formats, and content. Services include, but are not limited to, the following: (1) Schedule and attend, within ten (10) days after the Notic~ service conference for the project in accordance with 000-000-a. 10 to Proceed. a )T P~ No. SEP 1 0 2002 (2) (3) (4) (5) (6) (7) At the pre-service meeting the CONSULTANT shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated staffing. The CONSULTANT shall record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. Prepare and submit to the Construction Project Manager for county approval, within thirty (30) days after the pre-service meeting, a hard copy of the project specific CONSULTANT Contract administration documents listed below. The CONSULTANT Contract administration documents, which shall be routinely used by the CONSULTANT throughout the project, shall be in the format and content provided by Collier County T.E. & C. M. D. The CONSULTANT Contract administration documents consist of but are not limited to the documents listed below: Action Request Form CONSULTANT Authorization to Execute Work Orders Letter of Transmittal Form Request For Supplemental Services Scope of Services Supplement No. Contract Status Report, or other approved fund tracking report CEI CONSULTANT Firm Estimated Staffing (completed accordance with the original CONSULTANT Contract agreement) CEI CONSULTANT Fee Proposal CEI CONSULTANT Data in Schedule and conduct a preconstruction conference for the project in accordance with Article 8-3.5 of the FDOT Standard Specifications for Road and Bridge Construction. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties. The meeting shall also be electronically recorded and the CONSULTANT shall maintain all tapes of the meeting for the duration of the Contract. Maintain on a daily basis a complete and accurate record of all activities and events relating to the project and a record of all work completed by the Contractor, including quantities of pay items in conformity with Final Estimates preparation procedures and specifications. Maintain a Project Diary in conformity with FDOT format. Maintain a log of all materials entering the work with proper indication of the basis of acceptance of each shipment of material. Maintain records of all submittal dates and testing acc Section 8.2 - 8.7 of this Exhibit "A" and analyze such re ascertain acceptability of materials and completed work itc 11 (8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. Quantities shall be based on daily records or calculations. Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress Estimate. (9) For interpretations of the plans, specifications, and Contract provisions, the CONSULTANT shall consult with the Construction Project Manager when an interpretation involves complex issues or may have an impact on the cost of performing the work. When warranted, the Construction Project Manager may request an interpretation from the Engineer of Record. The Construction Project Manager shall coordinate all requests for involvement of the Engineer of Record. (10) Analyze problems that arise on a project and proposals submitted by the Contractor and prepare and submit a recommendation to the Construction Project Manager. (11) (12) Analyze changes to the plans, specifications, or Construction Contract provisions and extra work which appear to be necessary to carry out the intent of the Contract when it is determined that a change or extra work is necessary and such work is within the scope and intent of the original Construction Contract. Recommend such changes to the Construction Project Manager for approval. Manage the Contractor's CPM Schedule in accordance with the requirements outlined in Section 8.6, Contractor's CPM Schedule. (13) Analyze major problems that arise on the project and prepare a recommendation to the Construction Project Manager. (14) When it is determined that a modification to the original Contract for a project is required due to a necessary change in the character of the work, negotiate prices with the Contractor and prepare the required Work Order Directive and change order in accordance with applicable Collier County procedures. The CONSULTANT shall provide an analysis of the cost and/or time adjustments associated with the Work Order Directive. (15) In the event that the Contractor gives either written or verbal notice that he deems certain work to be performed is beyond the scope of the Contract and that he intends to claim additional compensation, the CONSULTANT shall maintain accurate cost account records of such work. These records shall include manpower and equipment times and materials installed (temporary or permanent) in the portion of the work in dispute. (16) In the event that the Contractor for a project submits a claim for additional compensation, the CONSULTANT shall analyze the submittal and prepare a recommendation to Collier County Project Manager covering validity and reasonableness of charges and conduct negotiat 'm~ leading IO recommendations for settlement of the claim. Maintain om~po~ force account and other records of work involved in claim 12 SEP 1 0 2002 (17) (18) (19) In the event that the Contractor for a project submits a request for extension of the allowable Contract time, analyze the request and prepare a recommendation to Construction Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items. Prepare the Final Estimate and submit to the Construction Project Manage, with backup computations accompanying Computations Booklet in accordance with FDOT Field Standards for Final Estimates Manual. This task must be completed within Twenty (20) calendar days after conditional or final acceptance of a project by Collier County T.E. & C.M.D. Monitor each construction project to the extent necessary to determine whether construction activities violate the requirements of any permits. For each project that requires the use of the NPDES General Permit, supply at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors." Notify the Contractor of any violations or potential violations and require his immediate resolution of the problem. Violations must be reported to the construction Project Manager immediately. NPDES Erosion Control Inspection Requirements (if implemented by the Department of Environmental Protection): Those facilities that have an NPDES Permit and which discharge storm water from construction activities directly to waters of the United States which are listed on the EPA approved 303(d) list for total suspended solids (TSS), or other indicators of solids transportation such as turbidity, siltation, or sedimentation shall comply with the following: The permittee shall monitor by grab sample by a Certified NPDES Inspector, during regular working hours, once per month within the first 30 minutes of a qualifying event or within the first 30 minutes of the beginning of the discharge of a previously collected qualifying event for Settleable Solids (m/l), Total Suspended Solids (mg/1), Turbidity (NTUs), and flow (MGD). Where the receiving water has flow upstream form the discharge, a background sample for Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid depth and immediately upstream form the influence of the discharge of storm water from the site. The soil type and average slope of the drainage area for each outfall shall be reported with the Discharge Monitoring Report submitted in accordance with section "e" (below). A qualifying event for the purpose of this sectio~ 0.5 inches or greater in a 24-hour period as detern rain gauge. 13 is a rain event nf SEP I0 2002 (20) (21) (22) (23) (24) (25) e~ Data collected in accordance with the above items shall be submitted to Environmental Protection Agency, the Florida Department of Environmental Protection, Construction Project Manager and a copy retained for the project file. Collect, store, and transport the samples per NPDES Storm Water Sampling Guidance Document (EPA 883-B-92-001). Flow at the outfall should be estimated by Section 3.2.2 of the NPDES Storm Water Sampling Guidance Document. Within 48 hours of collection of samples, deliver the samples to a laboratory. Shop drawing/sample submittals shall be coordinated and the status tracked as each progress through review and approval. The CONSULTANT shall actively encourage all reviewers to accomplish reviews promptly. Provide timely coordination between the Contractor and utility companies to assure that conflicting utilities are removed, adjusted, or protected in place to minimize delays to construction. Documentation will be maintained in accordance with FDOT procedures. The CONSULTANT Project Engineer will conduct a weekly meeting as required with the respective Contractor, subcontractors, and/or utility companies to review plans, schedules, problems, and other concerns. The Community Liaison shall attend these meetings. The CONSULTANT shall record the results of the meeting in written minutes. The CONSULTANT shall distribute the meeting minutes as directed by the Construction Project Manager. These meetings shall also be recorded electronically and the CONSULTANT shall maintain the tapes for the duration of the Contract. Conduct and document field reviews of the maintenance of traffic operation during and after normal working hours and on weekends, nights, and holidays. Special concern shall be given to pedestrian and bicycle access throughout the work. Perform survey work when required or requested by the Construction Project Manager. Produce reports; verify quantity calculations, and field measure for payment purposes as needed to prevent delays in Contractor operations. With each monthly invoice submittal, the CONSULTANT Project Engineer will provide a reviewed and approved Contract Status Report for the CONSULTANT Contract. This report will supply the CONSULTANT Project Engineer's accounting of the additional Con ract Calonrt~r ,4~y_~ allowed to date, an estimate of the additional Con anticipated to be added to the original Contract schedule 14 8.6 (26) (27) (28) (29) the Contract completion date, and an estimate of the CONSULTANT funds expiration date per CONSULTANT Contract schedule for the prime CONSULTANT and for each subconsultant. When the CONSULTANT identifies a condition that will require an Amendment to the CONSULTANT Contract, the CONSULTANT will communicate the need to the Construction Project Manager for an approval in concept. Once received, the CONSULTANT shall prepare and submit the request and all accompanying documentation to the Construction Project Manager and for approval and further processing. The CONSULTANT shall submit the amendment request prior to the depletion of the CONSULTANT Contract funds (consistent with and in accordance with the Contract Status Report) and shall allow Collier County adequate time to process, approve, and execute the amendment. The content and format of the amendment request and accompanying documentation shall be in accordance with the instructions and format for the Collier County T.E. & C.M.D. The CONSULTANT for the project shall be responsible for performing follow-up activities to determine the status of each contract amendment submitted to the Construction Project Manager. The Construction Project Manager will normally perform a CONSULTANT CEI PERFORMANCE EVALUATION at the completion of the project. The Construction Project Manager will meet with the CONSULTANT, at the CONSULTANT's request, to discuss the performance evaluation. Provide general public information services as required. Prepare "Road Alerts" for Community Liaison's release concerning lane closures, traffic switchovers, detours, etc. Inquiries from public officials and the news media shall be directed to the office of the Community Liaison for coordination. Prepare newsletters for distribution to adjacent property owners as may be required. The Construction Project Manager must approve, in conjunction with the Community Liaison, all brochures, responses to news media, etc., prior to release. (30) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report. (31) Video tapes the preconstmction conditions throughout the project limits. Provide a digital photo log of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. The Consultant shall use a software system fully compatible with Collier County Software to manage the digital picture album system. ContractOr's CPM Schedule: 8.6.1 Initial CPM Review and Validatio~n The CONSULTANT shall analyze the Contractor's C] completeness and flow of activities, assuring that this 15 SEP 1 0 2002 8.7 Contract documents. This overview will validate that the schedule is functional, the information provided is reasonable, and the Contractor's plan for project completion within the Contract time is reasonable. The CONSULTANT shall provide the Contractor a written review that identifies any significant omissions, improbable durations, or errors in logic and provide the Construction Project Manager with recommendations pertinent to planning and scheduling the project work and completion of the project within the allowed Contract time. 8.6.2 Monthly Progress Review The CONSULTANT shall track Contractor actual progress against the baseline schedule and conduct a monthly schedule update meeting with the Contractor. The CONSULTANT shall assure the Contractor complies with all requirements for periodic schedule updates and review the updates within 15 days to determine their accuracy. The CONSULTANT shall review all schedule changes. The CONSULTANT shall identify and document any future or existing problems and require the Contractor to disclose in writing his plans for preventing or resolving these problems. The CONSULTANT shall prepare and distribute minutes of the Monthly Progress Review meeting-to-meeting attendees and other interested parties. 8.6.3 Contract Modifications The CONSULTANT shall assure that Contract modifications are based in the latest approved schedule and reflected in the next version of the Contractor schedule. 8.6.4 Planning The CONSULTANT shall wm:k with the Contractor to establish a two-week look ahead schedule indicating expected Contractor work for discussion at the regular progress meetings. The anticipated work activities will be reviewed with all affected utility companies. The CONSULTANT shall use this schedule to establish whether or not the Contractor's near term plan will resolve or mitigate any previously unanticipated conflict or issues. 8.6.5 As Built Plan The CONSULTANT shall check and verify the accuracy of the Contractor's as-built construction' plans monthly by comparing it with the Contractor's daily logs. Constructabilit¥ Review: The CONSULTANT may be requested to provide a Constructability Review for the 60% and 90% design plans. This review shall be conducted by the CONSULTANT utilizing his experience and knowledge to perform a complete re the following items: design, environmental su~.~~i~,~ including maintenance of traffic, right of way, utility coordination and c( 16 structlort metnoo~ SEP 1 0 2002 and procedures. The review will include field visits, notation of special environmental or job site conditions and a thorough review of the plans, specifications, contract documents and bid items. The CONSULTANT will notify the Engineer of Record and the Construction Project Manager of his findings and work with them to resolve the issues. The Constructability Review shall be the first task of work to be completed. The review and reports shall be completed and transmitted to the Construction Project Manager within fourteen (14) days of the date the County issues the appropriate plans for review. During the Constructability Review, the CONSULTANT shall be sure to address the following items: 1. Make sure the description of work is clear and concise. 2. Review the list of pay items to ensure that all items of work are appropriately covered. 3. Review the summary of quantities to be sure all given quantities is accurate. Review and comment on whether or not the construction sequence phasing and maintenance of traffic have been correctly addressed and handled. 5. Be sure contract allows an adequate amount of time to reasonably construct the contract. Review the contract documents to ensure that the actual field conditions have been investigated and clearly represented in the documents. Review such items as Utilities Right of Way, Drainage, Maintenance of Traffic, Construction Sequences and Phasing, Permit Conditions, Quantities and Equipment requirements, Note any items that may cause problems with the project. o Consider and comment on the field inspection standards, geotechnical investigation requirements, environmental compliance requirements and maintenance of traffic concepts. Determine the feasibility of construction equipment ingress, egress and placement at the jobsite including right of way and/or construction easement requirements, soil conditions to support heavy equipment. The CONSULTANT used in the review shall be an individual who will be involved in the actual construction of the overall projects. They shall be thoroughly knowledgeable of current specifications, policies and procedure: County and FDOT for the design and construction of highway faci ities AGgNI~ I'rf,,M Ni . '/ / 17 SEP 1 O 2002 9.0 PERSONNEL: 9.1 General Requirements: The CONSULTANT shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Acceptable staffing of personnel to be assigned to this project is outlined in Exhibit "A-A." 9.2 Personnel Qualifications: The CONSULTANT shall utilize only competent personnel, qualified by experience and education. The CONSULTANT shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each with respect to salary, education, and experience. Minimum qualifications for the CONSULTANT personnel are set forth in Exhibit "A-A" to this Agreement. The CONSULTANT Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. 9.3 Staffing: Once authorized, the CONSULTANT shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Contract has been paid off. Proposed staff, including qualifications, must be submitted using Action Request forms provided by Collier County. These will be previewed and preapproved by the Construction Project Manager. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the CONSULTANT within one week of Collier County notification. Personnel identified in the CONSULTANT technical proposal are expected to be assigned as proposed and are committed to performing services under this CONSULTANT Agreement.. Personnel changes will require written approval from Collier County. As Contractor operations on a Contract diminish, the CONSULTANT shall appropriately reduce the personnel it has assigned to that project. Construction engineering and inspection forces are required of the CONSULTANT at all times while the Contractor is working on the Contract, but if Contractor operations stop, the CONSULTANT shall reduce its forces accordingly. CONSULTANT personnel adjustments recommended by the Construction Project Manager will be accomplished within one week of notification. The CONSULTANT will be allowed a maximum of ten (10) days to demobilize, relocated, or terminate its forces in the event conditions occur that require removing CONSULTANT forces from the project. la SEP 10 2002 10.0 9.4 Licensing for Equipment Operation: The CONSULTANT will be responsible for obtaining proper licenses for equipment and for personnel operating such equipment. CONSULTANTS operating nuclear surface moisture-density gauges on Collier County projects are required to comply with Section X of FDOT's revised "Manual for Safety and Control of Equipment Containing Radioactive Materials" (a.k.a. Nuclear Manual). SUBCONSULTANT SERVICES: The CONSULTANT may subcontract for engineering, inspection, materials testing, or specialized professional services with prior written approval of the County. If required, the CONSULTANT shall provide all geotechnical services for this project. 11.0 OTHER SERVICES: 12.0 13.0 Upon written authorization by the Construction Project Manager, the CONSULTANT will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by Collier County T.E. & C.M.D. to supplement the CONSULTANT services under this Agreement. Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and all supporting documentation as needed or required by Collier County pursuant to the Collier County Alternative Dispute Resolution Procedures. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Contract. C. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre-Suit Mediation. D. Provide on- and off-site inspection services in addition to those provided for in this Agreement. POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor for the project submits a claim for additional compensation and/or time after the CONSULTANT has completed this Agreement, the CONSULTANT shall, at the written request from Collier County, analyze the claim, prepare a recommendation to the Construction Project Manager covering validity and reasonableness or charges, and/or assist in negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a Supplement to this Agreement. CONTRADICTIONS: In the event of a contradiction between provisions of this Scope of Services and the CONSULTANT'S proposal, the provisions of the Scope of Services shall override other considerations. 19 SEP 1 0 2002 14.0 LENGTH OF SERVICE: The CONSULTANT services for the Contract shall begin upon written notification to proceed by the Construction Project Manager. This notice to proceed will be issued anytime subsequent the award of a Contract at Collier County's discretion. The length of services as herein established for Contract on the CONSULTANT beginning work when notified and continuing to work until acceptance. For estimating purposes the CONSULTANT will be allowed an accumulation of thirty- (30) working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed on the first project to begin and thirty- (30) calendar days subsequent final acceptance of the Contract to be completed. The anticipated letting schedules and construction times for the projects are tabulated below: Construction Estimate Consultant Estimate County Letting Date Start Date Duration Time Start Date Duration Time _Project No. (Mo/Day/Yr) (Mo/Day/Yr) (Days) (Mo/Day/Yr) (Days) 65041 4/19/02 6/03/02 480 5/06/02 540 15.0 INVOICING INSTRUCTIONS: Monthly invoices shall be submitted to Collier County in a format approved by Collier County, no later than the 20th day of the month following the month being invoiced. If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT shall notify Collier County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the CONSULTANT shall notify the Construction Project Manager via E-Mail of the total delay in calendar days and the reason(s) for the delay(s). All invoices shall be submitted to Collier County in hard copy format. 20 SEP 1 0 2002 EXHIBIT "A-A" MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL* Before the project begins, all project staff shall have posses all the knowledge, skills, and abilities required in obtaining the necessary certifications for performing the duties of the position they hold. The Senior Project Engineer and the Project Engineer shall ensure the FDOT's current practices, policies, and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at any additional cost to Collier County and should occur as work load permits. Current FDOT certifications may be used until specified time limits as posted in the Construction Training Qualifications Manual (CTQP) unless expiration occurs sooner. Visit the FDOT Web page under training for current dates. SENIOR PROJECT ENGINEER - A Civil Engineering degree plus registration by the Florida State Board of Engineers Examiners as a Professional Engineer (or if registered in another state, the ability to obtain registration in Florida within six months) and six (6) years of engineering experience (two (2) years of which are in major road and bridge construction), or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction. Qualifications include the ability to communicate effectively in English (verbally and in writing). Direct a highly complex and specialized construction engineering administration and inspection program. Plan and organize the work of subordinate and staff members. Develop and/or review policies, methods, practices, and procedures; and review programs for conformance with FDOT standards. Also must have the following: Qualifications: None Certifications: MOT Level II ATTSA or IMSA. A Master's Degree in Engineering may be substituted for two (2) years experience. PROJECT ENGINNER - A Civil Engineering degree plus two (2) years engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience (two (2) years of which involved construction of major road an.d .b. rid. ge structures). Receives general instructions regarding assignments and is expected to exercise ~nmat~ve and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be required to attend the Final Estimate Preparation Seminar. Should have knowledge of FDOT Field Standards. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: Asphalt Roadway Level II (will require Roadway Level I written exam) Certifications: MOT Level II ATTSA or IMSA A Master's Degree in Engineering may be substituted for one (1) year of experie 21 SEP 1 0 2002 OFFICE ENGINEER - High school diploma or equivalent and four (4) years of road and bridge construction engineering inspection (CEI) experience having performed/assisted in the following project related duties: CQR progress and final estimates, Supplemental Agreement/Amendment processing, etc; or a Civil Engineering degree and completion of the Final Estimates Preparation Seminar. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project and accept general supervision and verbal instructions from Project Resident Engineer. Should be familiar with the FDOT Procedures covering project-related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in Multi-Line, Engineering Menu, and complete the State's Final Estimate Self Study course and attend the Final Estimate Preparation Seminar for Constant CEIs or the District-Specific Final Estimate Preparation Seminar. OFFICE MANAGER - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed the following office related duties: CQR, progress and final estimates, EEO compliance, Supplemental Agreement/Amendment processing, etc. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Engineer in office-related duties (i.e., CQR, progress and final estimates, EEO compliance, Supplemental Agreement/Amendment processing, etc.). Works under the general supervision of the Senior Project Engineer and staff. Note: This position will not be used if an Office Engineer is being utilized. SENIOR INSPECTOR - High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection, plus the following: Qualifications: Concrete Field Inspector Level I Concrete Transportation Construction Inspector (CTCI) Level II (major bridge only) Asphalt Roadway Level I (If applicable) Asphalt Roadway Level II (If applicable) Earthwork Construction Inspection Level I Earthwork Construction Inspection Level II FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: MOT Level II ATTSA or IMSA Nuclear Radiation Safety ACI Level I or a Civil Engineering degree and one (1) year of road and bridge CEI experience. Responsible for performing highly complex technical assignments in field surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting field tests, and is responsible for coordinating and managing the lower lev ',1 ~nslt~tq[~),, i]~rk is performed under the general supervision of the Project Engineers. No. [ ( ~ ~/ 22 SEP 1 0 2002 INSPECTOR - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway inspection plus the following: Qualifications: Concrete Field Inspector Level I Asphalt Roadway Level I (If applicable) Earthwork Construction Inspection Level I FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: Nuclear Radiation Safety ACI Level I or a Civil Engineering graduate. Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first year of working as an inspector. Exceptions will be permitted on a case-by-case basis as long as certification is appropriate for specific inspection duties. ASPHALT PLANT INSPECTOR - High school graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and the following: Qualifications: Asphalt Plant Level I Asphalt Plant Level II SECRETARY/CLERK TYPIST - High school graduate or equivalent with two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard work processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Works under general supervision of the Project Engineer and their staff. GEOTECHNICAL ENGINEER - A Professional Engineer (PE) duly registered under Florida State Rule and Statute, plus four (4) years experience as a Geotechnical Engineer in responsible charge of the geotechnical work on at least two (2) major bridges with drilled shaft or pile foundations (whichever is appropriate). Shall have experience using the drilled shaft inspection device and osterburg cells in conjunction with load tests on drilled shafts or experience using the Pile Driving Analyzer (PDA), CAPWAP & WEEP programs for pile analysis. GEOTECHNICAL TECHNICIAN - High School diploma plus three (3) years experience working under a Geotechnical Engineer setting up instrumentation and monitoring the geotechnical work. Able to perform detailed calculations and follow detailed technical instructions. standards will be considered on an individual s] ~b.~io.t~[~- I~ Exceptions to these minimum Construction Project Manager will make recommendations on all personnel~ --:t~on recl~tb. [ 23 SEP 1 0 2002 EXECUTIVE SUMMARY APPROVAL TO RENEW THE AIRPORT-PULLING ROAD AND IMMOKALEE ROAD CURRENT MAINTENANCE CONTRACTS IN THE ESTIMATED AMOUNT OF $138,000 FOR AIRPORT-PULLING ROAD AND $65,000 FOR IMMOKALEE ROAD TO COMMERCIAL LAND MAINTENANCE, INC., FOR A FOURTH AND FINAL ONE YEAR. OBJECTIVE: To gain Board approval to renew the Airport-Pulling (Bid g99-2956) and the Imrnokalee Road (Bid # 99-2955) Grounds Maintenance Service Contracts for an additional one CONSIDERATIONS: Both the Airport-Pulling (Bid #99-2956) and the Immokalee Road (Bid # 99-2955) Grounds Maintenance Service Contracts indicate that the County, may renew the contract, with the consent of the Contractor, on an annual basis for two (2) additional one (1) year periods. Increased costs for the renewal periods shall not exceed the Consumer Price Index (CPI) for the previous twelve (12) month period. Purchasing Policy (XIV{E}3) permits contracts to be renewed at the option of the County, with the consent of the Contractor, on an annual basis for three (3) additional one (1) year periods. Increases for the renewal periods shall not exceed the Consumer Price Index (CPI) for the previous twelve (12) month period. If authorized to be extended the fourth year, both landscape segments will then be staggered thereby allowing not all Landscape Service Ground Maintenance Contracts to become due for new contract award the same FY. CLM has continually provided quality in their maintenance services and rapid response relating to the maintenance services on Airport/Pulling Road and Immokalee Road. In addition, Immokalee Road will be six laned during FY 02/03, which will require knowledge with the locations and operation of the irrigation systems and existing plant materials. As a result of the circumstances mentioned, Landscape Maintenance requests the Board approve the additional one-year renewals. .~FISCAL. IMPACT: For the third renewable year (FY01/02) Purchase Orders were issued in the amount of $133,154.42 for Airport-Pulling Road and $62,753.15 for Immokalee Road to Commercial Land Maintenance, Inc., for the roadway maintenance services. CLM has indicated that they will renew the contact for an additional one year, subject to the their FY01/02 contract price including any CPI increase estimated to be 3%. Both annual Grounds Maintenance Service Contracts have been MSTD funded from Fund 111-163646-634999. Costs for FY 02/03 have again been budgeted including incidentals within that Fund for annual ground maintenance services. GROWTH MANAGEMENT IMPACT: There will be no growth management impact associated with this item. RECOMMENDATION: That the Board approves the additional one-year re: Airport-Pulling (Bid g99-2956) and the Immokalee Road (Bid # 99-2955) Gro Service Contracts with Commercial Land Maintenance, Inc. ~wal for both tho. nds SEP 1 0 2002 SUBMTrTED BY: ~/~.s~'cff DATE: Val ~n~Project Manager ~ndsca~ Maintenance n Vliet,-Superintendent Trans~nation Maintenance ~teve C~ell, P~chasing D~ector Mic~e~ ~E~a~aki, PE, Trans~nation Road Maintenance Director No~n 2.'Feder, AICP, Transportation Ad~nistrator SEP 1 0 2002 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. I IN THE AMOUNT OF $11,200.00 TO COMPENSATE FOR THE ADDITION TO CONSTRUCTION CONTRACT ~f98-2905 WITH BETTER ROADS, INC. TO MODIFY THE RADIO ROAD MEDIAN OPENING BETWEEN INDUSTRIAL BOULEVARD AND COMMERCIAL BOULEVARD. OBJECTIVE: To receive Board approval of Change Order No. 1 to the construction contract with Better Roads, Inc. for Radio Road median opening modifications under the terms of the Annual Contract for Roadway Contracting Services #98-2905. CONSIDERATIONS: On May 14, 2002, the Board approved Agenda Item 16(B)(4), Work Order No. BRC-FT-02-03 for Better Roads, Inc. to construct the Radio Road Median Opening modifications between Industrial Boulevard and Commercial Boulevard. Construction progress is on schedule and changes needed to finalize the work are as follows: ADDITIONAL ITEMS QUANTITY UNIT Type "A" curb & gutter 800 LF As built (permit requirements) 1 LS Turn arrows 3 EA Turn arrows with message 3 EA Remove/replace handicap ramp 1 LS TOTAL CHANGE UNIT PRICE TOTAL $11.00 $8,800.00 $600.00 $600.00 $50.00 $150.00 $200.00 $600.00 $1050.00 $1050.00 $11,200.00 The additional 800 linear feet of curb and gutter is required for safety reason and to preserve the turf in the median. Other pay items included in this Change Order were not quantified on the construction plans. The Contractor has accepted the terms and conditions of this Change Order. Therefore, approval of this Change Order is necessary to maintain the project schedule. ,..,FISCAL IMPACT: Funds in the amount of $11,200.00 are available in the Road Construction ' Gas Tax Fund for the Intersection Improvements Project. Source of funds is Gas Tax. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners Approve Change Order No. 1 to Better Roads, Inc., in the amount of $11,200.00 t~ compensate for the additional work. SUBMITTED BY: ~~--~'"'"'""~ Date: ~//~ 7/0 z.- / A. Nyan kadau~ Korti V~:)roject,,,M'anager, Tra~~tior~Op~f~epartment REVIEWED BY: ~ ~'{'~v/' ~~'' Date: Edward J. Kca"r~,/P.E., Director Tran~~. ~Department APPROVED BY: N°r/rn~r~ Fed6r~' AICP, Administrator Date: TranSportation Services Division j SEP ! 0 2002 CHANGE ORDER # 1 TO: Better Roads, Inc. 5590 Shirley Street Naples, Florida 34109 FROM: Transportation Operations Department. 2705 Horseshoe Drive South Naples, Flodda 34104 Project Name: Radio Road Median Modifications Project No. 65032 Bid Dated: March 12, 2002 RFP 98-2905 Change Order No.: 1 Date: August 13, 2002 Change Order Description: This change order adds new pay items to the contract; deletes, and adjusts the quantities of existing pay items to provide for work revisions necessary to complete the project Original agreement amount .......................................................... $ Sum of previous change order amount ......................................... $ This Change Order No. 1 Amount [add] ........................................ $ Revised Agreement Amount ....................................................... $ 56,827.00 0.00 11,200.00 68,027.00 Original contract time in calendar days ................................................. 30 days Adjusted number of calendar days due to previous change order .................. 0 days This change order adjusted time is ........................................................ 60 days Revised Contract Time in calendar days ............................................ 90 days Original Notice to Proceed date ................ .' .............................. July 1, 2002 Completion date based on original contract time ...................... July 31, 2002 Revised completion date due to change order(s) ...................... September, 30, 2002 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 said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. PREPARED BY: /'""~-~""'"~ Date: A. Nyankadau Korti, Project Manager Transportation Operations Department APPROVED BY: ACCEPTED BY: Date: Edward J. Kant, PE, Director Trans. p.,grtation Operations Department J~s_~ I~: .... -~i."'.o,-.Viee-P re side nt B84te¢ Roads, Inc. SEP 1 0 2002 Pg. AUG-1S~2002 08:4~AM FRO~BETTER ROADS CHANGE ORDER AJA DOCUMEN.T_G701 DATE: 8/13/2002 PROJECT: RADIO ROAD MEDIAN MODIFICATION TO OWNER: COLLIER COUNTY TRANSPORTATION CONTRACT DATE: CONTRACT FOP,: THE CONTRACT IS CHANGED AS FOLLOWS: ADDITIONAL, ITEMS: INSTALL TYPE "A" CURB & GUTTER ASBUILTS (PER PERMIT REQUIREMENTS) TURN ARROW TURN ARROW W/ONLY REMOVE & REPLACE NORTH SIDE HANDICAP RAMP TOTAL CHANGE QUANTlTY UNIT 800 LF 1.00 LS 3.00 EA 3.00 EA 1.00 LS UNIT PRICE $11,00 $600.00 $50.00 $200,00 $1,050.00 TOTAL $8,800.00 $600.00 $150.00 $600.00 $1,050.00 ~'~ ,$11,2o0,00 Not valid until sipned by the Contractor and Subcontcactor. The orginal Contract sum was Net change by previously authorized Change Orders The Contract Sum pdor to this Change Order was The Contract Sum will be increased by this Change Order Jn the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged The date of Substantial Completion as of the dine of this Change Order therefore is unchanged $56,827.00 $o.0o $56,827.00 $11,200.00 $68,027.00 NOTE: This summary does not reflect changes in the Contract Sum, Contcact Time or Guaranteect Maximum Price which have been authorized by Construction Change Directive. BEq-i'ER ROADS, INC. CONTRACTOR 5590 SHIRLEY ST Adress NAPLES, FL. 34109 DATE: ~7'--./,..~ -<:~,~ ~ COLLIER COUNTY TRANSPORTATION OWNER Adress BY: DATE: SEP 1 0 2002 Pg. 3 EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING A SPEED LIMIT REDUCTION FROM THIRTY MILES PER HOUR (30 MPH) TO TWENTY-FIVE MILES PER HOUR (25 MPH) ON 13TM STREET SOUTHWEST FROM GOLDEN GATE BOULEVARD TO 16TM AVENUE SOUTHWEST AT A COST OF $100. OB,~tECTIVE: To gain Board approval of a Resolution for reducing the speed limit on 13th Street SW between Golden Gate Boulevard and I'6th Avenue SW. CONSIDERATIONS: 13th Street SW is a relatively narrow roadway with no shoulders designed as two roads, divided by a canal, to serve as short, dead-end local street access to residences. With construction of the 13t~ Street Bridge the road will become a connector between Golden Gate Boulevard and 16th Avenue SW and the traffic volumes will increase. The roadway will be improved in the near future to serve the increase in traffic volume, but with the existing roadway geometry the current speed limit is excessive for safe operation with the new traffic volume. Reducing the speed limit on this road will necessitate the replacement of 2 existing speed limit sign panels. The sign replacement work will be performed by County forces. ?~ISCAL IMPACT: The estimated cost of changing the necessary speed limit signs is $100.00, for which funds are available in Transportation Services (101). GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board approve the Resolution reducing the speed limit, authorize the Chairman to execute the Resolution, and authorize the staff to erect the appropriate traffic control signs. Robert~W. Tipton, PtF~Traf~j~Dper~/~ns Manager REVIEWED BY:~ APPROVED BY: Edwq///~~.~~ perations~d~./ga~~O Director -- r -- ! portation Norman F_,/Feder, AICP! Trans Division Administrator / DATE: DATE: DATE: SEP 1 0 2002 Pg- 1 2 3 7 8 RESOLUTION NO. 2002- ,_ A RESOLUTION AUTHORIZENG A SPEED LIMIT REDUCTION FROM THIRTY MILES PER HOUR (30 MPH) TO TWENTY-FIVE MII~F.S PER HOL~R (25 MPH) ON 13~ STREET SW FROM GOLDEN GATE BOLq..,EVARD TO 16TM AVENUE SW. 9 WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners 10 (BCC) to alter established speed limits on roads under its jurisdiction; and 11 WHEREAS, 13m Street SW falls under the jurisdiction of the BCC; and 12 WHEREAS, in accordance with Chapter 316, Florida Statutes, the BCC may alter such 13 existing speed limits as may be appropria:e upon the basis of an engineering and traffic 14 investigation; and 15 WHEREAS, the results of the County's engineering and traffic investigation concluded that 16 reducing the speed limit from 30 mph to 25 ml:.h is reasonable and safer than present conditions and 17 it conforms to criteria promulgated by the Courty. 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 19 COMMISSIONERS OF COLLIER COUNTY. FLORIDA THAT: 20 SECTION 1: The BCC does hereby establish a t~enty-five miles per hour (25 MPH) speed limit on ~Z1 13t~ Street SW from Golden Gate Boulevard tc 16m Avenue SW and does hereby direct the County Transportation Operations Department to erect appropriate speed limit si~s giving notice thereof. SECTION 2: A copy of this Resolution shaE be forwarded to the Collier County Sheriff's Office for proper enforcement of the established speed limit for 134 Street SW within the designated segment. SECTION 3: The effective date of the speed limit reduction shall be after written notification to the SheriWs Office and upon posting of appropriate silage. This Resolution adopted after motion, second, and majority vote favoring same this day of .2002. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl J.mR COUNTY, FLORIDA BY: BY: Approvexl as to form and legal sufficiency: Heidi F r~sht~yff' ~ Assistant County Attorney JAMES COLE'ETA, Chairman AGENDA iTEM SEP 1 O 2002 EXECUTIVE SUMMARY RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS APPROVING THE EXPENDITURES OF FUNDS FOR ACTIVITIES AND INCENTIVE PRIZES FOR CHILDREN ACTIVE IN THE ANNUAL WALK OUR CHILDEREN TO SCHOOL DAY. That the Board of County Commissioners approve a resolution authorizing the expenditures of funds not to exceed $2,000 to cover the costs of activities, t-shirts and incentive prizes for children participating in The Walk Our Children to School Day program. CONSIDERATION: The Board of County Commissioners is authorized by law to determine when thc expenditure of public funds is for valid and proper purposes. The Walk Our Children to School Day program, which will be held on Wednesday, October 2, 2002, is an annual event to draw attention to the challenges children face in getting themselves to school and the potential walking has as a mode of transportation. The program will highlight three practical benefits and characteristics of neighborhoods that allow children to safely walk to and from school. These are Improved Health, Improved Safety and Improved Community Design. Holding and participating in the program will create a forum for examining and discussing ways we can improve the design of our communities to provide our youth with a safer, more independent childhood. Children who might not normally walk to school will enjoy the attention and the exercise; those who do, will be reminded of safety precautions to take along their route. Last year, the Board of County Commissioners authorized the same amount of funds to support The Walk Our Children to School event. In addition to the County's contribution, other sponsors arc being solicited to provide gifts and monetary contributions to help support the event and to defray the amount of funds utilized from the Transportation Planning Administration Budget. FISCAL IMPACT: Funds are available in the Transportation Planning Administration budget in an amount not to exceed $2,000 to cover program expenditures. GROWTH MANAGEMENT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution ratifying and approving the expenditures for activities, t-shirts and incentive prizes for children participating in the Annual Walk Our Children to School Day program. .',d .'~-? Prepared by. ~///,: ~_.-~.. Date: ~]~I~. ~ro.wn, Public Transportation Planner / /)' .-., I ,: Do~~r?~o~on~n, Director Approved bY'rrna//;~;e'~/' ] ~ or Date: Ng r, Transportation Administrat AGENDA ITE SEP 1 pg.__ RESOLUTION NO. 2002- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE EXPENDITURES OF FUNDS FOR ACTIVITIES AND INCENTIVE PRIZES FOR CHILDREN PARTICIPATING IN THE ANNUAL WALK OUR CHILDREN TO SCHOOL DAY. WHEREAS, the Comer County Board of County Commissioners has legal authority to adopt a resolution authorizing the expenditures of County funds for valid and proper public purposes; and, WHEREAS, the Collier County Board of County Commissioners recognizes the worthwhile goals of the Annual Walk Our Children to School Day program and the positive effects the program has on the community. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners that the expenditure of funds not to exceed $2,000 for activities associated with the Annual Walk Our Children to School Day program is approved. The specific expenditures approved are: incentive prizes including but not limited to: T-shirts, stickers, posters, handouts and snacks for the children participating in the Walk Our Children to School Day. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2002. ATTEST: COLLIER COLTNTY BOARD OF COUNTY COMMISSIONERS By: Dwight E. Brock, Clerk By: James N. Coletta, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Jen~[~r~e~-pedio, ~S~tant County Attorney AGENDA ITEM No /r... ,,¢ ~_ pg._ 2_ EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO ACCEPT THE YEAR 2002~2003 WASTE TIRE GRANT OFFER IN THE AMOUNT OF $38,171 AND AUTHORIZE THE SOLID WASTE DIRECTOR TO SIGN THE AGREEMENT. OBJECTIVE: To have the Board of County Commissioners authorize the Chairman to accept the Waste Tire grant offer for the Year 2002~2003 in the amount of $38,171.00 and authorize the Solid Waste Director to sign the agreement. CONSIDERATION: The Solid Waste Management Act of 1988 mandates that each county reduce its waste stream by 30 percent. To enable counties to achieve that goal the Florida Department of Environmental Protection (FDEP) has made reimbursement grants available to aid in recycling, recycling education and waste tire removal. Collier County has qualified to receive the Recycling and Education Grant, Waste Tire Grant, and Litter Control and Prevention Grant every year since 1988. The FDEP did not offer these grants for the Year 2001/2002. This year, 2002/2003, the State is awarding Waste Tire Grants to counties with populations over 100,000. The total award for the 33 counties who qualify is $2.2 million. Collier County will be receiving grant funds in the amount of $38,171.00 that can be used for tire round-ups, promotion of proper disposal of used tires, and for the purchase of products made from recycled tires. FISCAL IMPACT,: Revenue in the amount of up to $38,171 will be received and deposited in Solid Waste Disposal - Grants Fund (472). These funds are received on a quarterly basis through submission of quarterly reimbursement requests. GROWTH MANAGEMENT IMPACT: Approval of this grant offer is consistent with the Growth Management Plan. RECOMMENDATION: 1. That the Board of County Commissioners authorizes the Chairman to accept the Year 2002/2003 Waste Tire Grant offer. 2. Authorize the Solid Waste Director to sign the agreement. 3. Approve any necessary budget amendments to reflect final rant ~ ITEM SEP 10 2002 pg.. '~ SUBMITTED BY: ""-'- ~ ''~ ~'- --'¢'" Date: <~/z.~z.._. G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department APPROVED,,B¢,-: //' J~es W. DeLony, P.E. ! ~._.~blic Utilities Administrator I SEP 102002 Jeb Bush Governor Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 WASTE TIRE APPROVED 2002-2003 GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I o GRANT NOTIFICATION INFORMATION 1. Grant Number: WT311 2. Date of Award: July 1, 2002 Grant Title: WASTE TIRE SOLID WASTE GRANT Grant Period: October 1, 2002 - September 30, 2003 5. Grant Amount: $ 38,!71.00 6. CSFA #: 37015 Grantee(s): COLLIER COUNTY Address: 3301 Tamiami Trail East, Adm. Bldg. Naples, Florida, 34112 Grantee Fiscal Year: 2002/2003 Federal Employer Identification Number: 59-6000558 10. Authorized Representative: Name: Title: G. George Yilmaz Solid Waste Director Phone: (239) 732-2508 11. Contact Person: Name: Address: Denise Kirk 3301 Tamiami Trail East, Bldg H, 3Ra Fi. Naples, Florida, 34112 12¸ Phone: (239) 732-2508 Total county population from official April 1, 2001 Population Estimates: 264,475 jUL. 2z 9 200~ i 13. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste - MS#4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 V "~?r: DEPT. Pnnted on recycled paper. David B. Struhs Secretary ! SEY 1 0 PART II - GRANT CONDITIONS ao GENEP, AL CONDITIONS: The method of payment, for the period October 1, 2002 through September 30, 2003, will be on a reimbursement basis for direct cost only. The grantee shall elect to submit reimbursement requests on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the reimbursement request, with summaries and appropriate contracts attached, shall be due on the last day of the month following the end of the reporting period (monthly or quarterly). Each reimbursement request shall be submitted in detail sufficient for pre-audit and post-audit review. Grant funds may be expended through September 30, 2003. k final reimbursement request must be submitted no later than October 31, 2003. Reimbursement requests must be signed by the designated Authorized Representative. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minu~es of a commission meeting. The Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbock at (http://www.dbf.state.fl.us/aadir/mainindex.htm]). Expenditures shall be limited to allowable items as listed in Section 62-716.620 of the Solid Waste Grants Program R~le: (a) (b) (c) Construct or operate, or contract for the construction or operation of, a waste tire processing facility and equipment purchases therefore; Contract for a waste tire processing facility service within or outside the county or state; Remove or contract for the removal of waste tires from the county, region, or state; SEP 1 0 2002 !PG._, ~ 7 o (d) (e) (f) (g) (h) (i) (j) Perform or contract for the performance of research designed to facilitate waste tire recycling and to operate waste tire recycling and waste tire education programs. Establish waste tire collection centers at solid waste disposal facilities or waste tire processing facilities; Provide incentives for establishing or expanding privately operated waste tire collection centers for the public; In addition to the use specified in paragraph (c), abate and provide mosquito control relating to waste tire sites, or other tire piles, and other waste debris sites in the county identified by local mosquito control agencies as mosquito breeding areas; Perform, or contract for the performance of, enforcement and prevention activities to prevent the illegal transportation and disposal of waste tires and other solid waste; Purchase materials and products made from waste tires that are collected and recycled within this state; Counties with populations less than 100,000 may use waste tire grants for any purpose related to solid waste management. Up to five percent of a county's grant for fiscal year 2001-02 may be used for administrative costs and planning or research studies to assess the feasibility of eligible projects within a county, or to assess the feasibility of establishing a regional waste tire program. Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 5 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. In addition to the provisions contained in paragraph 6 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit-l, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-i, the Grantee shall notify the Department's Grant Manager at 850/488-0300 to request a copy of the updated information. Allowable costs may be charged to this agreement beginning either October 1, 2002, or the date this agreement is fully executed, whichever date is later. 10. 1!. 12. 13. 14. 15. 16. 17. The Department has the right to terminate a grant award and demand refund of grant funds for non-compliance with the terms of the award or the Solid Waste Grants Program Rule 62-716. Such action may also result in the Department declaring the local government ineligible for further participation in the program until the local government complies with the terms of the grant award. Grantee shall obtain all necessary construction--related permits before initiating construction. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. Travel expenses incurred are included in the amount of this grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature, the judicial branch or a State Agency. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. #0 SEP I 0 P&~ ~_~ 18. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as Attachment B, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: ao The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. Co The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. !9. ko No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 20. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. SEP I 0 2002 WT311 OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the county of Collier for all allowable costs incurred up to and not exceeding $38,171.00. Grant Application dated 5/30/02, included herein by reference. w~iSTATE OF FLORIDA BY THE DEPA.RTMENT OF ENVIRONMENTA~ PROTECTION: illiam W. Hinkl~y, Chief Date Bureau of Solid & Hazardous Waste Approved as to form and legality: DEP Program ittorney Date In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. BY AITD ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: Signature of Authorized Representative G. George Yilmaz Solid Waste Director Date Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 SEP O ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreemenO may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.§ov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK .-' DEr Agreement No! W'T3i 1, Attachment A, Page i of 5 L_ .... SC)!. "? ~ v'rr: - &G£ N,D~ IT[I~ .o. SEP 1 0 2002 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as del'reed by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State f'manciai assistance does not include Federal direct or pass-through awards and resoumes received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in State £mancial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State £mancial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained fi-om other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website hMp://www.flgov.com/, Department of Banking and Finance's Website http://www, dbf. state.fi.us/, and the Auditor General's Website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (7VOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall b6 submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. WT311, Attachment A, Page 2 of 5 DEP 55-215 (01/02) AC~t~DA IT[~ ~ ~0.~ SEP 1 0 2O02 ~¢. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, lN 47132 Co Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. DEP Agreement No. WT31 I, Attachment A, Page 3 of 5 DEP 55-215 (01/02) Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. SEP 1 0 11 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a period of 3 years fi.om the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. WT31 I, Attachment A, Page 4 of 5 DEP 55-215 (01/02) SEP 1 0 2002 Pt. /,,2. I,J.l Itl ._ .. .~_ .- .o. IL-~- / SEP 1 0 ZOOZ ~. /3 0 ~.. z t:;"- ~(~( MD A ITEM t ,,-, ~0 .... //= ~_. SEP 1 0 ZOO2 EXECUTIVE SUMMARY,., APPROVAL OF BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE WATER DISTRIBUTION TELEMETRY PROJECT TO THE FACILITY REHABILITATION PROJECT FOR THE INSTALLATION OF AN ADDITIONAL VARIABLE FREQUENCY DRIVE AT THE RAW WATER BOOSTER STATION IN THE AMOUNT OF $91,600 OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, approve a budget amendment for the reallocation of funding for the installation of an additional variable frequency drive at the Raw Water Booster Station located in the Tamiami Wellfield. CONSIDERATIONS; The Tamiami Wellfield provides over 75% of the raw water supply for the Collier County Water District. In order to provide water at a sufficient pressure to both the North and South Water Treatment Plants, the Raw Water Booster Station must have all four pumps operational. The pumps are operated with variable frequency drives. In order to increase the reliability of the raw water distribution system, funds are being requested to install an additional variable frequency drive that can be substituted for any of the existing four drives when a repair is necessary and to allow for preventative maintenance to be performed. FISCAL IMPACT: There is no fiscal impact to this request. Funds are being reallocated and no new funding is being requested. Funds will be transferred from the Water Distribution Telemetry Capital Project to the Facility Rehabilitation Capital Project. The source of funding for both is the County Water Capital Projects (412), which is funded by user fees. " GROWTIt MANAGEMENT IMPACT; There is no growth management impact ~ssociated with the approval of this requested reallocation of funding. RECOMMENDATION; That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, approve a budget amendment for the installation of an additional variable frequency drive at the Raw Water Booster Station located in the Tamiami Wellfield. Pamela Libby - W/~Distribution Manage( ' ' APPROVED BY: ~ J ~ .- D_at,e:,.~It~i~)iv~s,on .--'~mes W, DeLony/PE Administrator I-~IDIIC U SEP I 0 20D2 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD CONTRACT FOR EMERGENCY HAULING" TO J. C. DRAINFIELD AMOUNT OF $150,000 BID #02-3395 - "ANNUAL & SCHEDULED SEWAGE FOR THE APPROXIMATE OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, award Bid #02-3395 - "Annual Contract for Scheduled & Emergency Sewage Hauling" to J.C. Drainfield. CONSIDERATION: The Wastewater Department of the Public Utilities Division maintains a large system that includes approximately five hundred seventy lift stations, which requires the services of pumper trucks when temporarily inoperable. This service is utilized for the most part during emergency situations to prevent the spillage of wastewater which can occur during inclement weather conditions and extensive power outages. Bid #02-3395 was posted on June 11, 2002. Twenty-one (21) inquiries were sent to vendors. One (1) package was received. All legal requirements have been met. 4. Staff has reviewed the bid received and recommends award to J.C. Drainfield. FISCAL IMPACT: The fiscal impact associated with this item is based on last year's expenditures and estimated to be $150,000.00, depending on system demand. Funding is available in County Water/Sewer Operating Fund (408). Other County departments or governmental agencies may also utilize this bid. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water Sewer District, award Bid #02-3395 to J.C. Drainfield. AGENDA ITEM No. lt, C SEP 10 2002 SUBMITTED BY: ~tev~ N~gy, Wfi~te Collections Manager REVIEWED BY:joe ~./fi~ea!ham, Wastewater Director Date: Steve Camell, Purchasin~i~tor _.~'xq~}~"/ APPROVED B~ F~~w'-'~ -~ ,es ~W. DeLony, P.E.,PulSlicUtilit' A qd~'Dtradeo: '~-"~'~ SEP I 0 200E EXECUTIVE SUMMARY AUTHORIZE CONVEYANCE OF EASEMENTS TO FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION OF ELECTRIC UTILITY FACILITIES ACROSS THE COUNTY OWNED PROPERTY NORTH OF THE NAPLES LANDFILL AT NO FINANCIAL IMPACT UPON Tm COUNTY. OBJECTIVE: To secure authorization from the Board of County Commissioners for the conveyance of 10-foot-wide utility easements to Florida Power & Light Company across the County owned property to provide electric service to surrounding private properties. CONSIDERATIONS.: Florida Power & Light Company will be expanding its existing electric lines in the vicinity of the Naples Landfill and is requesting the County to convey 10-foot-wide utility easements (five separate locations and Easement agreements) for this purpose across a portion of County-owned property located north of the Naples Landfill. This new line will improve electric service to surrounding private properties. Staff has no objections for the Easements to be granted without the County being compensated. This request and attached Easements have been reviewed and approved by the Public Utility Engineering Department, the Solid Waste Department and the County Attorney's Office. FISCAL IMPACT: There will be no financial impact upon the County as a result of this request. GROWTH MANAGEMENT IMPACT: This conveyance is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve granting the attached Easements to Florida Power & Light Company and authorize the Chairman to execute the Easements on behalf of the County. PREPARED BY: Cindy M. Erb,~r. Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department Ton~'A. M'~t, ~roperty Acquisition Supervisor Property Acquisition & Construction Management Facilities Management Department SEP I 0 2002 ~,~. I EXECUTIVE SUMMARY Easements to FP&L Page 2 REVIEWED REVIEWED BY: · C~ies E: carrington, Jr., SI~TVA, M~a/ger Property Acquisition & Construction Management Facilities Management Department F~e Managerfient .Department~ DATE: REVIEWED BY: Roy ~_ _Anderson, P.E., Director Public Utilities Engineering Department DATE: REVIEWED BY: George Yilmaz, Director Solid Waste Department ~~_ ~ am-~s~'~ c UtilI~l~eL°s nDiY(,iPsioE'5dmin/strat°r DATE: I, ll AG£1XOA I T£/~/ ~0.._~_~_~ SEP 1 0 2002 PG. ~ Work Order No. 22839 s~.25, Twp 49 s, ~ge 26 Parcel I.D.00291840008 (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 7/94 E EASEMENT This Instrument Prepared By Name: ~ Co. Name: _[:Pt, Cd;) Address _41Q5 S,W. 1~11~ Avenu~ pg!ofl. grant aaa g~ve to vtonna rower ~ ~r~ ,-,r--- 'on. o ~fion ~d ~m~ o[ · ~forev~for~m~U _ ~ . . s ~ ~st~, ~ e ........ ,:.. ~.~n;a~s t~l,,dm~ ~S, ~1~, ~y., overn -- · ' m~ tlom ~ , · p~nt) m m ~ s~ of ~a r~ve ~n ~maes or ~y u. ~. .... wid~ ~ a fo~ows: ~e Wea 10 f~t of ~e ~ 30 f~t of S1/2 of ~1/4 of SE1/4 of SE1/4, T~. 49, ~ge. 26, ~. ~, Co~ Co~. ~ A~h~ E~bit A. g · a~ me sane ~m ~,,~ r-~- · ' ' ~nt ~ea; to condMt within ~e e~m md m 9~r ..... ~ -- .... ~der~o~ ~ ' ~. w~ le~ or ~gerom ~s .... ~ to ~e ~est exit ~e cut ~d k~p ~ ~d cut ~1 dead, " · g r ~smon or ~s~buuon; ~d ~er ~ , ~-- s ~ roa~, s~ or ~ways adjo~g or ~ou~ sma pro~. ~cros ' ' oB ' -- ' IN WI~SS ~OF, ~e =ders,~ed h~ s,~ed ~d se~ ~s 7_Tfnt~ ~ ~. ~ers Bumzu ~ ...... z Commlsslo se~ed ~ddelivered Collier County, Florida ~ of: ~tNme: JAMES N. COLETTA ~ Chairman ~tN~e ~tAd~ess:_3301 Tamiami Trail East _ Naples ~ FL 34112 A~st: ~tN~:_Dwight E. Brock, Cler.~ ~tN~e ~i~s) ~tA~ess: 3301 T~miami Trail East Naples, FL 34112 (Co~r~ ~) OF A~ CO~ OF . ~e forego~g = ,20_. of - ~ '~ ..... ~ ~ ~ .... a ~~n ~m~ o~ ~~-," AGCNDA SEP 1 0 PG. EXHIBIT "A" ~o~ Section 25 Township 49 South Range Collier County, Florida Scale: FPL Work Order No. 22839 26 East Reserved for Circuit Court Indicate North N Parcel 61 ID # 00291840008 10 Feet FPL Easement 30 Feet Work Order No. 22839 see.z5, Twp 49 S, Rge 2_~ Parcel I.D.00291800006 (Maintained by County A~o~aiser) Form 3722 (Stocked) Rev, 7/94 E EASEMENT This Ir~tmment Prepared By Name: Mike Skoko Co. Name: FPI~ ~,~ Address 4105 S.W. 15th Av~nu~ pg !of~ · raliOll, me y al~ r~¢~pt ut wm..~.a so ~ j _ _. valuable cons~cle _ atlequac .............. successors [ ,...., o,,,t ,,iv. tn Florida Power & Llgl~t t;ompany, its acense~, a~?,,,~,. '~ I r~'~'~- 'w". e,- ..... 'oil alxl mallltellaI1ce oi, ov.e.rh~ a~...un_~_igro .u~__et.~.~ n~c ~.~ty,, to be install~l-ffam time to time; with size of and remove such facilities or any ot mere w~mm an east:u~u fee[ in width described as follows: The West 10 feet of the East 30 feet of N1/2 of NEll4 of SEll4 of $E1/4 less the N 30 feet, Twp. 49, Rge. 26, Sec. 25, Collier County. See Attached Exhibit A. · t to rmit an other person, firm or corporation to attach wires to any facilities hereunder and lay cable and Together with ~e ngh pe _ ~ Y ........ # ........ ;,.otlOllS nnrr~ses; the right of ingress and egress to said premises at · ' ' merit ann to o ram m~ .siill~ tut t.,~tssssstu, u~,,,~u r--r~ ~r- . ,~ . . . · condmt wi .tl~. me ease .... pe ........ , --~e ,lnderm'owth and other obstrucuons wlth~n the easement area, to trim an° times; the right to clear me lan° an° lceep ~t meareu ct au u~ ...... ~-- mmme and cat an deaa, wea~, le,-i-g or mgero= tree.~ o.r l~n~.,,.ou~d~.oi ?.e ~?..m~t ar~a.wh}~?'~,t,~.~g~.?_w.i& cut and keep d · , r msmDuuon an° runner ants, to mt: rrm<at cat.cat or fan ~po~ me ~.~es or .,~st~m~ o~ ~.o~mm~5a?_o?_,os_ ,po_ws5ydp.,.n=~?,°~°,, the ~a~d iieretofore des~"~, o,er, along, =~,r uadersigned has me power to grant, ~x at au, me.ngn~ u=~.~.m,~,.-o.Ur~ across the roads, streets or highways adjoining or mrougn sma property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instntment on ,20_. 5%de Of°nd: delivered % (w'trms' s'sm~r7 Print Name Board of County Collier County, By: Print Name: Print Address: Commissioners Florida JAMES N. COLETTA, Chairman 2301 Tamiami ~rai] East Naples. FL 34112 Attest: PdatName: Dwiqht E. Brock, Clerk PfialAddress: 3301 Tamiami Trail East Naples, FL 34112 (Corporate Seal) ~A~ 0~~-~......~ , AND COUNTY OF The foregoing instrument was aclmowledged...be./gte n~ ~ .day oF~ , ~o_, by ' ~ / ~ respectively~e-~"~..~_ President and Secretary of ~ , a corpo~f said corporation, who ~e/.~~g~known to me or have produced as identification, and who did (did not) take an oathT"~-~~~ ('Ty~e of ]deadfica~on) ~ ~ My Commission Expirea: ~~~~.~"~~ ~inTN=lic, $ignatur~ ~ Ellen T. Ch&d~ll SEP I 0 ~OOZ EXHIBIT "A" ~o~ Section 25 Township 49 South Range Collier County, Florida Scale: FPL Work Order No. 22839 26 East Reserved for Circuit Court Indicate North __ __~.~__ 30 Feet Easement 10 Feet FPL Easement Parcel 60 ID # 0029180006 30 Feet SEP 1 n 2002 Work Order No. 22839 Sec.2~ , Twp 49 S, Rge 26 Parcel I.D.00290120004 (Maintained by County Appraiser) Form 3722 (Sl~ked) Rev. 7/g4 E EASEMENT This Instrument Prepared By Name: Mike Skoko Co. Name: FPt~ Ceq Address 4105 S.W. 15Ih Avenue The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and_receipt of.w~ch is hereby ~kn_o._wj_ed__g_e~i_, grant and give to Florida Power & Light Company, ~ts ncensees, agent, and assigns, an easemem forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, the fight to reconstruct, improve, ad~ to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement I ~ feet in width described as follows: The W 10 feet of the E 30 feet & S 10' of the E 20' of S1/2 of SEll4 of SEll4, Twp. 49, Rge. 26, Sec. 25, Collier County. Attached Exhibit A. %Signed, sealed and delivered Print Name ~ 't within the easement ana to o rate me same wr commum .c?uu~ pu~po~c,,, u,~ ,,~, uL,,,r~%o .~ ?t~Zo v. . c. ondui ........ ~ .... , .... ~ ~,-- .... unaer~rowth and other obsu'ucuons w~thm the easement area, to mm and trines; tile rlgllt to clear tile lana allo l~ecp ~t cw~ucu uL a~ u~,~,o, ~ ~- cut and keep trimmed and cut all dead, weak, leaning or dangerous tree.s or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or disu'ibution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,20_. Board of County Commissioners Collier County, Florida By: PrintName: JAMES N. COLETTA, Chairman PfimAd~ess:3301Tamiami Trail East Napl~ FL 34112 Attest: Print Name: Dwiqht g. Brock, PfimAddress: 3301 Tamiami Trail Naples, FL 34112 (Corporate Seal) Clerk East me dm ~fllvf.ef~_ ,20_, by e ~......_~ ~, a ~~~on, who are personally known to me or have produced__ Notary Prim Name Ellen T. C$g~mll SEP 1 0 2002 P~. 7 EXHIBIT "A" Page 2 of 2 Section 25 Township 49 South Range Collier County, Florida Scale: FPL Work Order No. 22839 26 East Reserved for Circuit Court Indicate North Parcel 18 ID # 00290120004 10 Feet FPL Easement 30 Feet I I 10 Ft FPL Easem®nt~' CCD I n qn~ PG. g Work Order No. 22840 Sec.3__q0 , Twp 4_~9 S, Rge 26 Parcel I.D.00335560008 (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 7/94 E EASEMENT This Instrument Prepared By Name: Mik~ ~koko Co. Name: FPL Co Address 4105 S.W. 15th Avenue Po!of£ The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of w~.ch is hereby a. ckno_w_ledg~, grant and give to Florida Power & Light Company., its li~, ag.enos,. ~ ,~ overhead and underground electric utility tacmues ~mcmomg w~, ~ , ~uy~, cables, conduits and appurtenant equipment) to be immlled from time to time; with the right to reconstruct, improve, add to, enl. ~ge, c ..h~n~ .ge the _v_o_ltag_e: as well as, the size of and remove such facilities or any ot mere w~nm an ea.semem } ~ feet in width described as follows: The S l0 feet of the W 40 feet, Sec. 30, Twp. 49, Rge. 27, Collier County, Florida. See Attached Exhibit A. To ether with the right to permit any other, person,?rm or co .rpor.ation to auach_yke, s ~t.o_?y_ fa_c~i~_es~ h~e_~re~. ,~ro~;~dj,a~y~,c~b~le~,a~ co~'t with/u the easement and to operate me same mr commumc.auons p.urpo~s;.me ?gat m. mg~c~:~.'.a~.y~ ,,, o~ g,.~,~,.o ,, .~. times; the right to clear the land and keep it, cl,eare.d of all,trees, und?~r__gr_o__w?:_an~ o~e_.r~ma,~o~w_)~n~ea ew~.c~.g~.~tte%rtr~e w?t~ cut and keep trimmed and cut all dead, wea~, le~mng or aangerous trees o[ mum uu~u~ m m~ ~oo~,,~.u, ,-,. ~ or fall upon the lines or systems of communications or power transmission or distribution; and further gr..~, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on 'the land heretofore described, over, along, uader and across the roads, streets or highways adjoiniag or through said property. IN WITNESS WHEREOF, the undersigned Iaaa signed and sealed this instrument on ,20_.. S~X~g~.ed, sealed and delivered Board of County Commissioners Collier County, Florida m-th~of: ~ Print Name ~ (w,m~s' msna~ _ ~ (w~mess' s~g~ Prin)~ame ~ By: Print Name: 3~MES N. COLETTA, Prim Address: ~301 Tam~ ~m~ q'rn~ ~ Naples, FL 34112 Attest: Print Name: Dwiqht E. Brock, Pr~tAddress: 3301 Tamiami Trail Naples, FL 34112 (Corporate Seal) chairman Clerk East O~ AND COUNTY, 20__, byOF . The foregoing,~ ~ ~~~~ld~g~ "~ President and .. ~ ~~n, who are personally known to me or have produced ... as identification, and who did ~. rant Couit'~,~ Attorney £11en T. Cbad~ell Phm Name I SEP I 0 ZOOZ EXHIBIT "A" Page 2 of 2 Section 30 Township 49 South Range Collier County, Florida Scale: FPL Work Order No. 22840 27 East Reserved for Circuit Court Parcel 72 ID # 00335560008 10 Ft FPL Easement Indicate North N Work Order No. 22842 Sec.36 , Twp 49 $, Rge 26 Parcel I.D.00298520004 (Maintained by County Appraiser) Fon'n 3722 (Sttx:ked) Rev. 7/94 EASEMENT This Instrument Prepared By Name: ~ Co. Name: FPL Co Address 4105 S.W. lSth Avenu~ pg 1_of 1_. valuable consideration, the adequacy ana recetpt or ?m..ca ~s a=~=o~ ~.,~ s , ._~ ...; ........ , ~,,,.v,.v for the construction, operanon an~ nye,-head and under~round electric ut~ty racmues [mctuamg wu.~, .~,5,.o, c-~bles,---~.o~fi~-ana~a0~urmmnt equipment) to be ~talled from ume to ume; wxta the right to reconstruct, improve, add to, e~. ar. ge, change the voltage, as well as, the size of and remove such facilities or any ot taem wi~in an easement ] 0 feet in width described as follows: The N 10 feet of the E 640 feet of the E 1/2 of Sec. 36, Less 550 feet R/W of Sec. 36, Twp. 49, Rge. 26, Collier County, Florida. See Attached Exhibit A. c~nduit i ' the easement and to operate the same for commumc?Uuu~ p.~po~:.~,._..:~.., ,,.~r~,.~.%.~_,-.j?2 ........ ~g. tn trim and ______ w_th.in . owm aaa omer oosu'ucuoas wlmm times; the right to clear the land and .l?ep ,t. cl.eare~l, of all.trees, _~__~_r__gr_~ _. ,:_~. ...... ,a~ ~v ,, .... ~'~nt area wtfich mi,hr interfere with ..... ,.- ............ or lan upon me ~me~ ut ayat~nza v.~ ~.~,~.--,~,,,~ _ .... rt~__:_.~' ........ ~4 t~n th~= l~nel h~r~ re described over, alon . unaer aaa undersigned has the power to grant, tr at a~l, me rights a~<ma~-~ ~,o~,, ................. tofo , g across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signedand sealed this instrument on ,20_. Board of County Comm±ssioners c ed, sealed and delivered ~. Coll±er County, Florida e of: ~ Ovtm~s's,~ Print Name: ._-ra~_q N_ COLETTA, Ch=irman Print Name ~ Na?] ~_~ FL 34112 PfintName: Dwiqht E. Brock, Clerk PfintAddress: 3301 Tamiami Trail East Naples, FL 34112 (Corporate Seal) AND COUNTY OF .. The foregoing inamunent w~e ,20_, by_ _ -~' ~ ~'~ ~ ~ President and Secretary of ~ __---------- as identification, an~ who did(did~ MyC ' ' ~ NotarYPrmt Nan~PUblic' ~ AssiStant Counts lttorae$ Ellen T, C~11 SEP 1 0 /! Section 36 Township Collier County, FL FPL Work Request # EXHIBIT "A"I 49, South Range 27, East Scale: Not to Scale 22842 Reserved for Circuit Court Page 2 of 2 Collier County Parcel ID: 00290120004 10' FPL Easement I ExisL FPLEasementI 10' Shell Berm Collier County Parcel ID: 00298520004 Collier County Landfill '25i3o -- -', 36131 i I I Collier County Parcel ID: 00335560008 Aaron & Wendy Goddard Parcel ID: 00337440003 EXECUTIVE SUMMARY AWARD BID NO. 02-3404R FOR BACKFLOW PREVENTION ASSEMBLIES AND ASSOCIATED MATERIALS IN THE ESTIMATED AMOUNT OF $361,517 ~ That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid No. 02-3404R for backflow prevention assemblies and associated materials to Hughes Supply, Inc. CONSIDERATIONS:. The Water Distribution Section is responsible for the installation and maintenance of all backflow prevention assemblies, in compliance with County Ordinance No. 97-17. Bid No. 02-3404R is for the materials necessary to comply with requirements of this Ordinance for both existing and new connections to the Water Supply System. There were three responsive bidders, with Hughes Supply Inc. being the lowest, qualified, and responsive bidder meeting all specifications. FISCAL IMPACT: The fiscal impact of the award of this bid is in the estimated amount of $361,517, but will depend on the amount of new service installation requests received and the amount of replacement devices required. Funds are available in the County Water/Sewer Fund (408), which is funded by user fees. GROWI'I1 MANAGEMENT IMPACT: There is no growth management impact with the acceptance of this bid award request. RECOMMENDATION.:.. That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid No. 02-3404R for backflow prevention assemblies and associated materials to Hughes Supply, Inc. REVIEWED BY: Date: . 'aul Mattausch, Water Director REVIEWED , Steve_~amell, tl~urch~.as,~ii, ector APPROVED mes W. DeLony, PE /(dministrator Public Utilities Division EXECUTIVE SUMMARY APPROVE AND ACCEPT THE EXECUTION OF TWO UTILITY EASEMENT AGREEMENTS FOR THE LOCATION OF THE 30" RAW WATER MAIN IN THE TAMIAMI WELLFIELD IN THE AMOUNT OF $24,650 OBJECTIVE: The Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, approve and accept two utility easement agreements for the location of the 30" raw water main in the Tamiami Wellfield. CONSIDERATIONS: In the 1980's, the Tamiami Wellfield raw water transmission mains were installed to provide the water supply for both the South and North Regional Water Treatment Plants. During construction the raw water main was inadvertently located outside of the easement granted by the property owners. In late 2001, the current property owners brought to the attention of the Water Department that the proper easements were not in place for the location of the raw water main. Thc property owners also requested payment for the additional casements that are required to allow Water Department employees access to this water main. The Water Department has had the easements surveyed and has determined the additional easements that are needed for the current placement of the water main and for access to the water main for any maintenance that may be required. Staff has obtained independent appraisals and has negotiated a settlemem acceptable to all parties. All documents in connection with this transaction have been reviewed and approved by the County Attorney's office. FISCAL IMPACT: A budget amendment is required in the amount of $24,650 to cover the cost of the easemems, title insurance policy, and cost of recording documems. Funds are available in Water / Sewer Operating Reserves (Fund 408), which is funded by User Fees. GROWTH MANAGEMENT IMPACT: There is no growth trmmgemem impact associated with the purchase of these easements. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and accept the attached Easemem Agreemems, and Utility Easemems; and Authorize the Chairman to execute the Easemem Agreemems and any and all documents related to this project necessary to accept clear title to the easements; and AG(:I~A I T£1,~ SEP I 0 2OO 3. Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Easemem Agreements; and 4. Authorize staff to proceed with acquiring the Utility Easements and to record all pertinent documentation in the Public Records of Collier County, Florida. 5. Approve the necessary budget amendment. Pamela Libby, Wate~Eflstribution Manager (~~x,~Mattausch, Water Director ToSil A.-~VIo~t, gupervi~r- '" Property Acquisition and Construction Management ,,~O~-.-Cindy-19B. Erb~, S~'m~r l:/roperty Acquisition Specialist Property Acquisition~struction~./~ Management APPROVED BY:~-~,~, t,~/~a~'/~¢2-~-~ Date: ~~_ ~ i" C)James W. D'eLony, P.E,Fl~ublic Utilities Division At[miniStration -- - ~. NO. ~ ? SEP 1 0 2002 PROJECT: FOLIO NO.: Tamiami Wellfield - Quick 37347920104 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') is made and entered into on this /~ day of ~ ~"~,~-"~ , 2002, by and between RICHARD J, QUICK AND CHERYL A. QUICK, husband and wife, (hereinafter referred to as "Owner"), whose mailing address is 2441 White Boulevard, Naples, FL 34117, and BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFRCIO THE GOVERNING BOARD OF THE COLMER COUNTY WATER-SEWER DISTRICT, (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 utility and maintenance purposes 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 $11,600.00, payable by County Warrant (said transaction hereinafter referred to as the 'Closing"). Said payment shall be full compensation for the Easement conveyed, including any lease, and/or rental fees for the prior use of the Easement lands, and including all landscaping, trees, 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 Easement to Purchaser. Owner agrees to release, save and hold Purchaser harmless of any claims, liabilities, costs and damages and the like whether foreseen or unforeseen arising out of or related in any way to Purchaser's installation, construction, use or maintenance of utility structures, where such activities occurred prior to the date of Closing of this transaction on, under, or in Owner's land identified by folio # 373479201 O4. 2. 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, propedy executed, to Purchaser on or before the date of Closing. 3. 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, propedy executed, which either 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 SEP 1 PG. ~.~ 0 2002 P~e2 Easement Agreement deliver the conveyance instrument to Purchaser in a form acceptable to 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. o Owner represents that the property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser;, that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. 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 paralegal 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 securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the property underlying the Easement 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 Easement 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 pdor or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the property underlying the Easement 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 underlying the Easement before the Easement 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.) i I~0.__/..~,~ i SEP 1 0 2002 Easement Agreement Page 3 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ,2002. Date Easement acquisition approved by BCC: AS TO PURCHASER: DATED:. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:.~C.0P~ JAMES N. COLETTA, Chairman AS TO OWNER: DATED: ~"///2~ ,/~ ~ Witness~(Sig~a~tur~ Name:~,~ (Print or Type) Witnes.s (Signature) Name: ~_~-H~r'~ (Print or Type) Witness (SigrYal_u re) Name:/~.4- (Print or Type) Witnes.s (Signature) Name: ~ (Print or Type) RICHARD J."~UICK CHERYL ,~ QUICK Approved as to form and legal sufficiency: "l~llen T. Chadwell Assistant County Attorney AGENDA t'TE# ,,~ PG. ,~ · Ir. Al"Ill:il I 7t" Ne.~ / , rS. 00°' I0.0' I' I iJNTY, S i I ~ B~ ARTHUR MID DOROT.~ KAR.,S ~'a.T OR O.R. BOO~ ~7. OK 2825. I t40' VaDE DRAINAGE EASEMENT !90.01 ~1. GOLDEN GATE ESTATES UNIT NO. 15 JTILITY ~J PLAT BOOK 7, PAGES 75-76 ~T NORTH t 40.0' INNING Of- [ -- UTILITY I~ ] ~lTE B~LEVARD ~Nr PER 0.~ ~ ~8~ P~ES I~SCRIP'I~N (If' PART OF' TRACT |14 GOII~N GAT1 UNIT ND 15. PLAT BOOK 7. PAGES 75-76. C(llllF COUHTY. FL~,RIDA (UTILITY EA~rUFNT~ ALL THAT PART OF TRACT 114 GOU~N GAT[ ESTA1 NO. 1.5, PLAT BOOK 7, PAGES 75-76, ~ FLORIDA, BEING MORE PARTICtN.ARLY GESCRII~[D AS FOLLOWS: COMMENCING AT 'IH[ SOUTH~JEST CORNER OF SAID lt4; THE. NC[ NORTH 00'19'10' EAST 40.00' TO THE BEGINNING OF THE £ASF..~ENT HEBEIN BESCRIBED; TH(NC[ NORTH 77'05'37' EAST 54.88 FEET TO A A ~ LYING 8' NORTH OF A tO FOOT ~ UTILITY EASEMENT AS R[C~D IN O.R. BOOK 984 PAGES i 724 - ! 755; THENC~ SOUTH 89'40'47' EAST 25.00 FEET TO A A UN[ LYtNG 15 FEET ~ST OF AND PARALLEL TO tI(STERLY UNE OF A 140' ORA/NAG[ EASEMENT; ENCE ALONG SAM) LINE NORTH 00'21'!0' EAST FEET TO A POINT ON TH[ NORTH LINE: Of' O.R. PAGE 694; THENCE SOUTH Bg'40'50' EAST tS. 00 FEET TO A THE WESTERLY I.~E O~ SAiD 140' IMOE DRAINAGE EASEMENT; THENCE ALONG SAID UNE SOUTH 00'21'10" V~:ST FEET TO THE NORTHEAST CORNER OF A tO' WlOE: ~.EASEMENT PER O.R. BOOK 984 PAGES 1754-1755; '[HENCE ALONG THE NORTH LINE OF SAID EASEMENT 89'40'47- WEST 7.3.94, FEET TO INE POINT O~' THE EASEMENT HEREIN OESCRIBEO. PARCEL CONTAINS 4686 SQUARE FEET MORE OR GENERAL NOTES: ~'- t. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE BASED ON THE WE:ST LINE OF TRACT II4, GOLDEN GATE ESIAT£S UNIT NO. 15, BEING NORTH 00'1g'10' EAST. .3.[~- PARCEL DESCRIBED ~ UTILITY EASEMENT 4. O.R. - OFFICIAL RECORD 5. PORTION OF SECTION 15, TOWNSHIP 49 SOU1H. RANC~ 26 EAST. COU.IER COUNTY, FLORIDA POINT OF BECdNI POINT OF COMMENCEM SOUTHt~ST CORNER OF LOT CERTIFICATE OF AUTHORIZATICIN iiiLB4.3 NOT VALID ~THOUT TH[ SIGNATURE AND G~G~NAL 'r ,~o. ANDREw 8. BECk. PSid 6065 DATE TRACT 116 NOT A BOUNDARY SURVEY WA~RL~[ [A~M/NT D/~IBED HER[~ A~OS~T Ii4 Z002 PROJECT: Tamiami Wellfield - Karnis FOLIO NO.: 37347920007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement') is made and entered into on this /~ day of _,,~* ,.~ ~- , 2002, by and between ARTHUR F. KARNIS AND DOROTHY M. KARNIS, husband and wife, (hereinafter referred to as 'Owner'), whose mailing address is 160 C.R. 951 3045 Canoe Pt., Naples, FL 34119, and BOARD OF COUNTY COMMISSIONERS OF COLMER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLMER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLEER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as 'Pumhaser'), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility and maintenance purposes 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 $12,500.00, payable by County Warrant (said transaction hereinafter referred to as the 'Closing"). Said payment shall be full compensation for the Easement conveyed, including any lease, and/or rental fees for the prior use of the Easement lands, and including all landscaping, trees, 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 Easement to Purchaser. Owner agrees to release, save and hold Purchaser harmless of any claims, liabilities, costs and damages and the like whelher foreseen or unforeseen arising out of or related in any way to Purchaser's installation, construction, use or maintenance of utility structures, where such activities occurred prior to the date of Closing of this transaction on, under, or in Owner's land identified by folio # 37347920007. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualificatibns 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 date 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 either 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 Owler shallc~l~A zT[,,,~ ' NO o.._.~__~/__ SEP I 0 ZOO2 Easement Agreement Page 2 o 10. deliver the conveyance instrument to Pumhaser in a form acceptable to Pumhaser. Owner is aware and understands that the 'offer' to pumhase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; Ihat no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser;, that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underiying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. 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 paralegal 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 securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the property underlying the Easement 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 Easement 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 underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capac'~ 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 underlying the Easement before the Easement held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal I ~-monae[,~A Securities Exchange Commission or registered pursuant to Chapter 51 , #0. J.~, ~,? SEP ! 0 2002 Easement Agreement Page 3 Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ,2002. Date Easement acquisition approved by BCC: AS TO PURCHASER: DATED:. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CC~~O~DA BY: JAMES N. COLETTA. Chairman AS TO OWNER: DATED: ~/~ Witness i~ Name:/t,~ (Print or Type) Witness (.S, ig.nature) . Name:,,' '~~'~,~ (Print or Type) Witness (S~ Name:,4~.~ ~::,~ ~,z.,,~,,~ e ~. (Print or Type) Witness (Signature) Name: Ir'~[~¢ (Print or Type) A HUR F. KJ[~NIS DOROTHY/M. KAR~IIS Approved as to form and leg~ sufficiency: / Ellen T. Chadwell Assistant County Attorney .0. SEP 1 0 ZOO? EXHIBIT ~ I.____of -- S.8g'43'40'£. 2t4.~J" N~ST C~NER ~ LOT 113 P~NT ~ ~ BE~NNINC / // I U~T NO. 1~_ ~AT B~ ?. PA~S 75-?B. ~ mAT P~T ~ ~ACT 114 ~ GA~ ESTA~S UNIT 114; ' ~ ~TH 89'45'40' [AST 59.29 ~[T TO ~ P~T ~ ~G ~ ~E E~NT HE~ ~BEO; ~ EI~ ~UR ANO ~ ~ ~1'10' ~ST ~4.g2 ~ET 10 A P~NT ~ * O~O~Y KARNIS mE ~m ~E ~ THO~ L~OS ~ ~ O.R e~ /~7~ ~ O.R. e~ 2457, 2825. PA~ 694; ~ ~ S~ ~E ~ 89'40'~' EAST 15.~ PA~ 2994 ~ET TO A P~T ~ ~ ~S~RLY UNE ~ A ~40' ~ ~ 140' ~0[ DRNNA~ EASEMENT ~NNA~ [~MENT; THEN~ ~G SND ~[ N~TH ~'21'tO' EAST ~4.95 ~ G~DEN GA~ ESTATES FEET TO A P~T ~ ~E ~ ~[ ~ S~ ~RACT 114; UNIT NO. ;HENCE ~G SND ~[ N~ 89'43'40' ~ST 15.~ ~ ~ PLAT BOOK 7, PAGES 75-76 FEET TO ;HE P~NT ~ BE~NN~G ~ ;HE EASEMENT HERE~ ~S~8ED. ' I 140.0' P~CEL C~TNNS 4574 ~E FEET M~E ~ LESS. ~NERAL NOT[~' o i. 01UENa~S ~E IN fEET ~O DE~aALS ~ THERE.. ~ 2. 8E~GS ~E BA~O ~ mE ~ST UN[ ~ ~ACT 114, ~N GA~ ESTATES ~NIT NO. 15, BEING N~TH ~q9'10" EAST. ~-~' P~CEL OESCRIBED ~ U~LITY RAIMENT 4. O.R , ~FIQ~ REC~D 5. PORTI~ ~ ~CTI~ I~, 10~IP 4g S~IH. UTILITY RANGE 26 EAST, C~LIER C~NTY, FL~IDA EASEMENT ~ PAGE 694 ~5.~'~ " ~ ~ ~.~1 RNSED ~ ~ A FL~A U~N~D ~ ~ -- ~CEN~' (60' ~T-~-WAY) O' AND MAWR. ..... WATERLINE EA~aENT E~mEO HERE ~ A~pTR~Cfll~[ ~ ~ m ~ ~ ~~ ~DEN OAR ESTAES ~IT NO. 15, P ~ ~ 75- ~6 ./~ I ' ' ' ~'~ ~-14-02 N8232-~2-Olt-GCS~ EXECUTIVE SUMMARY APPROVE A RESOLUTION TO AUTHORIZE THE PUBLIC UTILITIES ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR COOLING TOWER DEDUCT METERS, AND APPROVE AGREEMENT, PROCEDURES, AND APPLICATION, FOR THE COOLING TOWER DEDUCT METERS (RECORDING FEES ABOUT $15.00). OBJECTIVE: That the Board of County Commissioners, as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), approve a resolution to authorize the Public Utilities Administrator or his designee to execute agreements for cooling tower deduct meters, and approve the agreement, procedures and application for cooling tower deduct meters. CONSIDERATIONS: Cooling towers work by taking in large amounts of water, most of which evaporates prior to being returned to the wastewater collection system. A cooling tower is defined as a part of an air conditioning system that allows heat from the air conditioning system to transfer to potable water as it flushes around the compressor coils. This heated water is cascaded over the cooling tower fins where heat is released into the atmosphere. The heated water has a high evaporation gradient, thus the process uses large quantities of potable water. In order to provide a more accurate measure of the amount of evaporation that is occurring in the cooling tower, a meter or meters will be placed to measure the water flow going back into the wastewater stream. Procedures for the cooling tower deduct meters are set forth and attached to this executive summary. Procedures provide a mechanism to evaluate the feasibility of installation of meters at the facility requesting the deduct meter. These procedures must be enforced in order to allow the deduct meter to be read by the latest radio technology used within Collier County. Also included is an application form, a standard agreement document and a Resolution. The cooling tower deduct meter agreement allows for the County to have access to install a meter, read meters to determine the amount of water that is being sent to the cooling tower and the amount of water that is leaving the cooling tower, perform monthly inspections, and maintenance as needed. This resolution delegates certain authority to the Public Utilities Administrator, or his designee, to enter into a cooling tower deduct meters agreement with property owner. FISCAL IMPACT: Each agreement has an associated cost of recording fees that are about $15.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends that the Board of County Commissioners as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), (1) approve and adopt the Resolution that authorizes the Public Utilities Administrator, or his designee, to execute agreements for Cooling Tower Deduct Meters (2) approve the Agreement for Cooling Tower Deduct Meters, (3) approve the Procedures and Application, (4) and authorize staff to record the agreements in the Public Records of Collier County. PREPARED BY: REVIEWED BY: Ann Marie Saylor, Oper/~tions Analyst Paul Mattausch, Water Director Date Date Thomas G. Wides, Operations Director APPROVED'~"~--'~'~ ~'~ ~ ~ht~es es W. DeLony, P.E., Public ~/~i ' ' Administrator Date Date AG'[ ~DA IT£~ ~'~''~ .o. 5EP 1 0 2002 AGREEMENT FOR COOLING TOWER REDUCTION METER INSTALLATION, READINGS, INSPECTIONS AND MAINTENANCE THiS AGREEMENT, is entered into this~ day of , , by and between the COLLIER COUNTY WATER-SEWER DISTRICT, with its principal place of business at 3301 East Tamiami Trail, Naples, FL. 34112 ("District"), and , ("Owner') with its principal address as , City , ST. , Zip Code, WHEREAS, Owner has requested that the District install a cooling tower reduction meter to measure evaporation loss of water (that is not returned to the sewer system). WHEREAS, a cooling tower is part of an air conditioning system that allows heat from the air conditioning system to transfer to potable water as it flushes around the compressor coils, which process use up large quantities of potable water; and WHEREAS, to accommodate the proposed reduction meter, the Owner must provide access to the property for the District to install the meter, read the meter monthly for its registered water consumption, inspect the meter monthly, and provide maintenance as needed. THE PARTIES AGREE AS FOLLOWS: 1. The above recitals are true and correct and are incorporated herein. 2. Owner hereby grants to the District right of entry onto the property for access to read, inspect and maintain the meter. 3. Each month the District shall take a usage reading and inspect the meter, and shall perform periodic maintenance as needed. 4. The meter will be installed until a pre-approved method of installation is agreed to in writing by District and Owner. Owner hereby agrees to indemnify and hold harmless the District, its elected and appointed officers, employees and/or agents from all claims and suits whatsoever for damages to property and/or injuries to persons, including death, and all judgments, court costs, attorney fees and all other related expenses arising out of or relating to the cooling tower, installation of the reduction meter, and readings, inspections and maintenance. 6. The meter will continue to be owned by District and a $4.00 surcharge for each deduct calculation will be applied to Owner's monthly utility bill. SEP 1 0 2002 7. This Agreement shall run with the land; All terms, covenants and conditions are and shall be binding upon Owner's representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective authorized offices, have caused this Agreement to be duly executed as of the day and year first above issued. ATTEST: BY: WITNESS BY: (L.S.) Type/Print Name of Witness STATE OF FLORIDA ) COUNTY OF COLLIER ) Type/Print Name and Title ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this day of , ., by , as for Personally known __OR Produced Identification: Type of Identification produced. My Commission Expires: Notary Public Typed, printed or stamped name of Notary Public COLLIER COUNTY WATER-SEWER DISTRICT By: James W. DeLony, P.E., Utilities Administrator Approved as to form and legal sufficiency: By: -- ['~)~ Thomas C. Palmer, Assistant County Attorney SEP 1 0 2002 - PROCEDURE FOR COOLING TOWER DEDUCT METERS Purpose of Procedure: To provide a mechanism to evaluate the feasibility of installation of meters at facilities that utilize cooling towers. Cooling tow. ers work by taking in large amounts of water, most of which evaporates prior to being returned to the wastewater collection system. The purpose of the two meters being installed is to accurately measure the amount of evaporation that is occurring in the cooling tower and provide a credit for this water that is not being placed into the wastewater collection system. The deduct meters would measure the amount of water that is being sent to the cooling tower and the amount of water that is leaving the cooling tower. The difference in the two meter readings each month will provide the amount of credit towards the sewer charges imposed on this account. Procedure: Customer desiring the installation of the deduct meters on their cooling tower facilities will make application to the Collier County Water Distribution Section. The application forms will be available on the County Web Page, and will be available at Utility Billin~Customer Service located at 2685 South Horseshoe Drive. Please note that the application form is attached/enclosed. After a customer has filled out and returned the form to Water Distribution, a site inspection will be performed to determine the feasibility of the installation. The facility must be able to handle the placement of two 2" radio read meters, one on the upstream and one on the downstream side of the cooling tower. The facilities must be such that the placement of the meters will allow it to be read by the latest radio technology being employed by Collier County. After the site inspection is completed, a written estimate of the cost to place the meters will be forwarded to the Facility Owner for acceptance. The acceptance package will include an Agreement that must be executed prior to any work being commenced. The standard Agreement is attached/enclosed. Once the two above items are received and executed by Collier County, Water Distribution employees will do the installation of the meters and will then forward the meter information to the Utility Department of Finance for set-up of the meters into the County's billing system. An invoice will be forwarded to the Facility Owner and upon payment the deduction of the sewer charges for the monthly utility billing will begin. [] Collier County will apply a monthly surcharge for each individual deduct calculation to the monthly water/sewer utility bill. APPLICATION FOR COOLING TOWER DEDUCT METERS Facility Name:_ Facility Address: Facility Owner:_ (This should be person authorized to execute legal documents for facility.) Contact Person: (This should be person able to discuss operation of cooling tower and meet Utility Representative onsite for inspection.) Position: Phone Number:__ Fax Number: Billing Address: Size of potable meter: Cooling Tower Information Size: En~neer Estimate of daily demand of water to cooling tower: Manufacturer: Location of Cooling Tower within Facility: Size of upstream line to cooling tower: Size of downstream line to cooling tower: To be filled by Utility after site visit: Date of Site Inspection: Inspector: Unusual Site Conditions: Able to complete installation in a satisfactory manner: (Yes or No) Estimated Labor Costs: Estimated Material Costs: Forwarded to Facility Owner: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. 2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER/SEWER DISTRICT TO AUTHORIZE THE PUBLIC UTILITIES ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE COOLING TOWER DEDUCT METER AGREEMENTS BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, and as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District, that: The Public Utilities Director (James W. DeLony) or his designee is hereby authorized on the Board's behalf to execute written agreements for cooling tower deduct meters with the property owners. 2. Owner must submit a formal application and all procedures must bc adhered so. 3. A draft example of the subject Agreement is attached as Exhibit "A". This Resolution adoptedthis __ day of ,2002 after motion, second and majority vote favoring adoption. AI"rEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to foam and legal sufficiency. ThoJa"'-s~C~. {)o~~ Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER/ SEWER DISTRICT BY: lAMES N. COLETFA, CHAIRMAN EXECUTIVE SUMMARY, ACCEPT LIVINGSTON ROAD UTILITY FACILITIES PROVIDED IN ACCORDANCE WITH DEVELOPER CONTRIBUTION AGREEMENT WITH LONG BAY PARTNERS LLC IN THE AMOUNT OF $883,825 ~ To effect close-out of the subject project and release final payment for reimbursement. CONSIDERATIONS~ On January 12, 1999, as agenda item 8(B)(3), the Board entered into an agreement with Long Bay Partners LLC (Developer) to reimburse the Developer for incremental costs to upsize water and sewer pipes coincident with extending Livingston Road north of Immokalee Road. The Collier County Community Development and Environmental Services Division issued a "Preliminary Acceptance" letter for the completed work on November 22, 2000. As of August 9, 2002, the Developer demonstrated that all the appropriate acceptance and conveyance documents have been duly recorded. The Developer also submitted written verification of unconditional payment in full for the materials, installation and all other costs for the Utility Project. In accordance with the agreement, reimbursement will be a combination of impact fee credits and cash as follows: Water Fund 411 Impact Fee Credit 296,464.32 Cash Reimbursement 459,710.13. 756,174.45 Sewer Fund 41.3. Tota___~l 273,509.28 569,973.60 424,115.07 _883,825.20, 697,624.35 1,453,798.80 The actual cost was $1,616,422.53 as certified in the attached letter dated March 8, 2000. However, the reimbursement amount is the maximum amount payable in accordance with the agreement because the actual cost exceeded the original estimate by more than 20 percent. Per the agreement, if actual costs are greater than the original estimate, the reimbursement amount shall be adjusted upward to a maximttm of up to 20 percent of the original estimate. FISCAL IMPACT:. This project is currently funded. Sources of funds are Water Impact Fees and Sewer Impact Fees. GROWTH MANAGEMENT IMPACT:. There is no impact on growth management related to this funding request. RECOMMENDATIONS:.. That the Board of County Commissioners, as the Ex-Officio governing Board of the Collier County Water-Sewer District, accept the Livingston Road water and sewer utility facilities provided in accordance with developer contribution agreement with Long Bay Partners, LLC dated January 12, 1999. Executive Summary Accept Livingston Road Water and Sewer Utility Facilties Page 2 Karl W. Boyer, P.E., Utilities Engineering Principal Project Manager APPROVED BY:, '.z~'w',/?('~'"-z~'°'-*'~'' Date: Ro~ B./--,Anderson, P.E., Utilities Engineering Director APPROVED BY.'-~~~----~ ~~~ ' / Date: D~Lony,"P.E., Pub/ic Utilities Administrator HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 05-29-2001 P04:ll 6202-F Presidential Court. Fort Myers, FIodda 33919. Phone: 941.985.1200- Fax: 941.985.1259 March 8, 2001 Mr. Mitch Riley, P.E. Collier County TE & CMD Building D 2201 E Tamiami Trail Naples, FL 34412 RE: Livingston Road, Phase I & !1 Collier County 6504~ HM Project No.: 85.31A-1702-20/40 VIA FAX & MAIL Dear Mr. Riley: In accordance with the Livingston Road Utility Facilities Reimbursement and Contribution Agreement, Hole Montes, Inc. is providing certified project construction costs for Phase I and Phase II utilities. Attached for your use is a breakdown of Phase I and II construction costs. Hole Montes provided survey layout direct to Long Bay Partners for a fee of $34,314.38. Upon review, Hole Montes, Inc. certifies to the best of our belief and knowledge, the total construction cost for the utilities to be $1,616,422.53. We trust this letter and attachments provide the information you need for disbursements pursuant to the agreement. If you have any questions, please do hesitate to call. Very truly yours, HOLE MONTES, INC. DARRELL G. HARTLEY, P.E. Conti act Ad ministrator/Associate DGH/dd c.c. Vince Barraco Naples. Fort Myers. Venice. Englewood W:\1985\1985031'CAD NO. /O ? SEP ) 0 2002 PG. ~ h~-nr0103081tr.doc 85.31A-1702 ITEM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DESCRIPTION SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE I UTILITIES QUANTITY UNIT WATER MAIN Connection to Existing Water Main 16"DR-18 Water Main 12" DR-18 Water Main 12 DR-14 Water Main 8" DR-18 Water Main 6" DR-14 Water Main Ductile Iron Fittings 16" Gate Valve & Box 12" Gate Valve & Box 8" Gate Valve & Box 6" Gate Valve & Box Fire Hydrant Assembly ARV Permanent Sample Point Temporary Sample Point 12" Temporary BIO 8" Temporary B/O 30" Open Cut Casing 30" x 16" Casing Spacers 24" Open Cut Casing 24"x 12" Casing Spacers I EA 13,500 LF 94 LF 154 LF 132 LF 525 EA 6.93 TN 16 EA 2 EA 1 EA 13 EA 13 EA 2 EA 4 EA 14 EA 2 EA 1 EA 270 LF 41 EA 160 LF 24 EA WATER MAIN SUB-TOTAL AMOUNT $1,315.00 $507,600.00 $2,228.74 $4,522.98 $1,527.24 $6,200.25 $60,429.60 $61,248.00 $2,854.00 $865.00 $8,190.00 $27,950.00 $2,180.00 $3,880.00 $10,500.00 $3,620.00 $1,240.00 $19,440.00 $7,913.00 $9,440.00 $4,248.00 $747,391.81 5125/2001 Final Const Costs PHI Ufilifies.xls .0. ?, SEP 1 0 2002 PG. z./ ~5.31A-1702 ITEM DESCRIPTION FORCE MAIN 1 16" X 16" Cut-Tee 2 16" DR-18 FM 3 16" DR-25 FM 4 12" DR-18 FM 5 12" DR-14 FM 6 8" DR-18 FM 7 Ductile Iron Fittings 8 16" Plug Valve & Box 9 12" Plug Valve & Box 10 8" Plug Valve & Box 11 ARV 12 12" Temporary B/O 13 8" Temporary B/O 14 24" Open Cut Casing 15 24" x 12" Casing Spacers 16 Concrete Encasing 16" FM 17 Concrete Encasing 12" FM SOMMARY OF QUANTITIES AND CONSTRUCTION COSTS LR/INGSTON ROAD - PHASE I UTILITIES QUANTITY UNIT 1 EA 80 LF 1.0,920 LF 2,370 LF 464 LF 50 LF 5.15 TN 12 EA 6 EA 1 EA 4 EA 3 EA 1 EA 420 LF 64 EA 200 LF 60 LF FORCE MAIN SUB-TOTAL AMOUNT $4,245.00 $3,128.80 $410,592.00 $61,359.30 $14,759.84 $710.00 $45,577.50 $47,340.00 $14,790.00 $1,350.00 $6,180.00 $7,680.00 $1,510.00 $24,780.00 $11,328.00 $7,300.00 $1,845.00 $664,475.44 5/2512001 PHASE i SUB-TOTAL $1,411,867.25 Final Const Costs PHI Utilities.xls I SEP 1 0 002. 85.31A-1702 SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE II UTILITIES 5125/2001 ITEM DESCRIPTION QUANTITY UNIT AMOUNT 1 2 3 4 5 6 7 WATER MAIN 12" DR-18 Water Main 12" DR-14 Water Main 6" DR-14 Water Main Ductile Iron Fittings 12" Gate Valve & Box Fire Hydrant Assembly 12" Temporary B/O 1,675 LF 20 LF 10 LF 0.26 TN 2 EA 2 EA I EA WATER MAIN SUB-TOTAL $39,714.25 $587.40 $118.10 $2,267.20 $2,854.00 $4,300.00 $1,810.00 $51,650.95 Final Const Costs PH II Ufllitles.xls / SEP 1 0 2002. 85.31A-1702 SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE II UTILITIES 5/2512001 1 2 3 4 5 6 ITEM DESCRIPTION FORCE MAIN 12" DR-18 FM 12" DR-14 FM Ductile Iron Fittings 12" Plug Valve & Box 12' Temporary BIO Concrete Encasing 12" FM QUANTITY UNIT 1,675 LF 20 LF 0.26 TN 2 EA 1 EA 20 LF FORCE MAIN SUB-TOTAL PHASE II SUB-TOTAL AMOUNT $43,365.75 $636.20 $2,301.00 $4,930.00 $2,560.00 $615.O0 $54,407.95 $106,058.90 Final Const Costs PH II Utilities.xls ! SEP 1 0 2OO2 85.31A-1702 SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE II UTLITIES 512512001 1 2 3 ITEM DESCRIPTION MISCELLANEOUS F & 1 6" SDR-26 Conduits Payment & Perf. Bonds 24" Casing - Future Irrigation QUANTITY UNIT 6,430 LF 1 LS 310 LF MISC. SUB-TOTAL AMOUNT $32,150.00 $13,742.00 $18,290.00 $64,182.00 Final Const Costs PH II Utilifies.xls / SEP I 0 ZOO2 8~.31A-170~ SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE II UTILITIES 5/25/2OOl PHASE I SUB-TOTAL PHASE II SUB-TOTAL MISCELLANEOUS SUB-TOTAL $1,411,867~25 $106,058.90 $64,182.00 PHASE I & II GRAND TOTAL $1,582,108.15 Final Const Cos[s PH II Utillfles.xls SEP 1 0 2002 PG. ~ EXECUTIVE SUMMARY WAIVE FORMAL COMPETITION AND APPROVE THE PURCHASE AND INSTALLATION OF FOUR (4) ALLEN-BRADLEY VARIABLE FREQUENCY DRIVES (VFD'S) AT THE SOUTH COUNTY WATER RECLAMATION FACILITY, FOR AN INSTALLED PRICE OF $82,818.00. OBJECTIVE: To purchase and install current-model VFD's for pump control at the Reuse Pump Station, SCWRF, replacing obsolete models in a transaction whereby the existing units are reclaimed by the vendor as per terms of their proposal. CONSIDERATION: 1. The current (4) VFD's, while operable, are of outdated design, per manufacturer's recommendations and physical inspection/product research. As such, trouble- shooting and maintenance are of concern, as obtaining replacement parts for the units will be increasingly difficult. 2. The drive manufacturer, Allen-Bradley, has a vested interest in these current drives, as they would like to obtain them for their shrinking parts inventories of the obsolete models. As such, their distributor, Rexel/Consolidated, has listed terms of their proposal to include the re-acquisition of the existing units that are to be replaced. Only Allen-Bradley has follow-up use for the replacement units, and thus only they will recognize salvage value of the existing units in terms of a discount to the new sale. 3. There are many manufacturers of this type of equipment, with various local distributors and service venues. However, as the recommended replacement is made by the same manufacturer, installation and integration into the existing system is streamlined, and difficulties are minimized. Furthermore, a fifth VFD and pump unit, of the same design and manufacturer, is contracted to be installed under separate scope of work (Project #73949: "SCWRF Expansion"), and the County will have 5 identical units. 4. The distributor of record, Rexel/Consolidated, is recognized as the exclusive distributor for Allen-Bradley, as identified in the letter included in the proposal package. 5. The installation contractor proposed herein is Cogburn Bros., Inc. Cogburn is the on- site electrical contractor for the above-mentioned Expansion (#73949). They have examined the scope of this work, and have submitted a proposal whose value is included as a portion of the listed sum total. 6. The election to purchase per this proposal will save Collier County thousands of dollars, based on these considerations: The unit cost for the purchase of current-model new units is competitive. The exchange of the obsolete models results in a reduced net cost. Acquisition of current-model equipment will result in further cost-savings in future timeframes, as replacement parts will be more competitive and generally easier to obtain. With the hire of the same installation contractor that is doing the work on the Expansion, the entire Reuse control system is streamlined, with integration performed by a single source. SEP PG. Staff recommends that the Board waive formal competition and approve this transaction, in the best interest of the County. FISCAL IMPACT: Funds in the amount of ~ are available in County WastewaterOapital Projects. Source of funds is Fund 414! Wastewater User Fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION.'. That the Board waive formal competition and approve the purchase of four (4) Allen-Bradley Variable Frequency Drives and the installation by Cogburn Bros., Inc., per terms of the attached proposals. SUBMITTED BY: ~X'~~ Date: ~,'~'-~/~'~ Dennis Mcgee, P.E., Instrumentation/SCADA Manager, PuED REVIEWED BY: R~'Y'~nderson, PAE., PU~ED Director APPROVED BY: ~ ~ Date: ~' Z~'(~ ~ J~sepl~ Cheatham, Wastewater Director APPROVED BY: -~~ U / ~. - . ' Steph~ y. Cafnell, Purc~a~ng~rector ~ ~es ~. DeLony, P.E., Pub~Utilities Administrator / Rexel Inc. 7260 15~h Street East Sarasota, FL 34243 Proposal Number: TS072202 Dennis McGee, PE Instrumentation/SCADA Manager Engineering Department Collier County Government Public Utilities Division 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Subject: Proposal for 1352 VFD Retrofit - Revised Dear Dennis, Please see the attached revised quotation. Thank you for the opportunity to provide our proposal for the attached Allen-Bradley 1336 Plus II Variable Frequency Drives. I believe that you will be extremely pleased with the new drives. As was stated in the meeting Thursday, the 1352 has been an extremely dependable control. We want you to be pleased with Allen-Bradley drives for the next 10 years as well. As we discussed, we will proceed with approval drawings as soon as you move for~vard. We will utilize the existing logic as our guide, and will duplicate similar logic on the 5Ih drive as well. If you require additional information or have any questions about the proposal, please feel free to give me a call. Thank you for your interest in our products and services. Respectfully yours, Todd Staton Area Specialist Manager Rexel Inc. 941-518-6493 Attachments: 1. Letter from Rockwell Automation stating that Rexel is the exclusive distributor of Allen- Bradley for your area. (1 page) 2. A letter from Matt Perkins of Rockwell Automation concerning 1352 drive obsolescence. (1 page) 3. A detailed proposal for a complete replacement of your existing drives with current technology. (14 pages) AG£~DA ITEM No. SEP I 0 2002 PG. 05/08/02 T~ ~ Tmrr~ Il. 2~07 Rockwell Automation ~7 s, ~002 ~-B~s ~u~ ~o~ ~ s~ uo ~ ~ d~humr ~ ~ o~ P~ ~s~;~ (APR). ~~c ~e be~e ~ ~on n~m~. ~d~ ~e best 1~ o~s~ ~ c~~ ~ ou~ $~,c=~-I7, cc: Geo~,e ~*' Allen-Bradley Rockwell Automation ~It20 West Cypress Strcct Suite E Tampa. FL 33607 Pro~o~u! N uraLs:r: Jori Pratt Collier County Government SCWRF 5600 Warren Street Naples, FL 341. 13 Subject: Proposal for 1352 VFD Retrofit Deal' .[on~ Thank you for the opportunity to pro~i,de our proposal for the altached Allen-Bradley 1336 Plus l[ Variable Frequency Drives. Jon, as I have discussed with your peopte, the 1352 Variable Frequency Drives at your facility are in the process of being obsoleted. That is duc to the difficulty thai we are having to maintain usable par~s to service and maintain the units. We are aggressively working wifl~ customers like yourselves to replace these milts with our new drives. I think that our pricing reflects an effort to make the transition extremely pal.atable. The units proposed are smd-alone replacements for thc drives on site. 'rite cabinet dimensions will mirror those in place today. Jon, I believe that your history, with the 1352 drives h~as been Ix~sitive. It is our goal to make this a proactive situation. Attached, please find our proposal and supporting information. If'you require additional information or have any questions about the proposal, please feel free to give me a call. Thank you for your interest in our products and services. Respectfully yours, Matt Perkins Sales Engineer Rockwell Automation 813-207-4269 Rockwell Automation / Alieo.~raclley Rexel Inc. 7260 15th Street East Sarasota, FL 34243 Phone: (941) 360-8298 FAX: (941) 360-0400 PROJECT PROPOSAL Collier County Government SCWRF 5600 Warren Street Naples, FL 34113 Attention: Dennis McGee Project Name: Distributor: 1352 Drive Retrofit Packages Rexel Our Proposal Number: TS072202 ~o. /~ lC Rockwell Automation / Allen-Bradley 2 Equipment List Item Device ID 1 1.1 1.1.1 1.1.2 1.1.3 1.1.4 tDQ PrOduct ID escription tv I Delivery ~hip Et I DS i List Price I Multiplier I E~tended Net "~= B150V A~ CB"D13 05~ D91.ET. HAPC-JR-KD-LA4C-ME'MH2'UL'CUSTOM 1336 ...... AC Adjustable Frequency Drive, 200 HP,240 A,460V AC, Variable Torque Field Options 1301-APPDWG Approval Drawings, B/W, 11"x17" 11 I N/A t23 I 1 I I1301-MFDWG vlanufacturing Drawings, B/W, 1 lx17 11 I N/A 123 1301-FINDWG · Final Drawings, B/W, 11 "xl 7" 1 t I N/A 123 I $0.00 I I I 1301-TESTR Test Report, Drive Only ' N/A 123 t S0.00 I I i START-UP Inspection of Drive Installation and Startup Total Weight: 0 kg (NOTE: Total weight excludes items marked N/A) Grand Total (US): $69,918, (NOTE: Totals exclude items marked N/A) SEP 1 0 Rockwell Automation/Allen-Bradley 4 '07 P. U. E. D. 13 " August8,2002 Dennis McGee Collier County Public Utilities Division Engineering Department 3301 E Tamiami Trail, Bldg, H Naples, FL 34112 Re: VFD Replacement Request for Quotation Dear Mr. McGee, Cogburn Bros. Inc. is pleased to provide you with this quotation for electrical work on the above referenced project. We have based our quotation on your letter dated August 7TM, 2002 and as discussed in previous meetings. Our price to complete this work is $12,900.00 and we are prepared to begin work as soon as the equipment an-ives on site. This quotation is valid for 30 days from the date of receipt. I look forward to working with you on this project. If you have any questions, or need any additional information, please contact me at your convenience. Sincerely, Raymond H. Smith Project Manager 647 E. 27TH ST. · JACKSONVILLE, FL 32206 · TELEPHONE 904-358-7344 ° FAX 9~1~~ www. cogburnbros.com EXECUTIVE SUMMARy APPROVE A WORK ORDER TO YOUNGQUIST BROTHERS INC. IN THE AMOUNT OF $649,500 TO FUND AND COMPLETE THE REPAIR OF DEEP INJECTION WELL #2 AT THE NORTH REGIONAL WATER TREATMENT FACILITY OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District approve a Task Work Order to Youngquist Brothers, Inc., in the amount of $649,500 to fund and complete the repair of Deep Injection Well 2 at the North Regional Water Treatment Plant. CONSIDERATIONS: A failure of the casing in Deep Injection Well 2, located at the North Regional Water Treatment Plant, has caused the Department to drastically reduce the utilization of this well. The well was placed into operation in 1996 when the Water Treatment Plant was expanded and is one of two wells that are used for the deep injection of the concentrate flow produced by t. he operation of the membrane softening and reverse osmosis treatment processes. The well is also used by the Wastewater Department to deep inject effluent during certain times of the year. The Board has previously approved repairs to Injection Well No. 1 at the June 25, 2002 meeting, which are currently ongoing. The County has in place Contract #01-3193 with Youngquist Brothers, Inc., for Deep Injection Well Construction Services and has elected to utilize this Company due to their prior experience on this well. Timely completion of the repair is critical to the reliable operation of the North Regional Water Treatment Plant given the relatively short period of time available prior to the beginning of higher demands that will be placed upon the water system in the peak season. FISCAL IMPACT: Loan proceeds fi.om the $70 million commercial paper loan approved by the Board on May 28, 2002 (agenda item 1 Ok) are available for this project. A budget amendment is required in the Water Capital fund (412) to recognize $649,500 in Commercial Paper Loan proceeds and increase the expense budget in Facilities Rehabilitation by the same amount. The source of funds will ultimately be the User Fees; user fees will be used to pay the debt service payments. GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this loan, budget amendment, and repair work. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the goveming Board of the Collier County Water District, approve a Task Work Order to Youngquist Brothers, Inc., in the amount of $649,500 to fund and complete the repair of Deep Injection Well 2 at the North Regional Water Treatment Plant and approve the necessary budget amendments. SUBMITTED BY: ~~o Date:~/~,/~ ~-- n Manager REVIEWED gaul E. Ma-ttausch, Diree~tor,/~ate~epartment ~'~~ W. DeLony PE Admin~rator Public Utilities Division TASK ORDER 7 "DEEP INJECTION WELL CONSTRUCTION SERVICES" Contract ~[O1-3193 with Youngquist Brothers, Inc. Dated April 10, 2001 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: NCRWTP Deep Injection Well IW-2 Repair The type of work is specified in the proposal dated August 22, 2002, which is attached hereto and made part of this Task Order. In accordance with terms and conditions of the Agreement referenced above, Task Order 7 is assigned to Younquist Brothers, Inc. Scope of Work: Perform Tubing Repair at North County Regional Water Treatment Plant (NCRWTP) Deep Injection Well IW-2. 1. Tubing and Packer Repair at NCRWTP Deep Injection Well IW-2 Schedule of Work: Complete within 60 Calendar days from notice to proceed. Compensation: In accordance with the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. 1. NCRWTP Deep Injection Well IW-2 Tubing Repair $6491500.0~ Total Fee $649,500.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. pP~ ~ e° ~ arVl~lneangt e r Dat~~at~e~..' APPROVED BY: ~ Petul Mattausch, Water Director Public Utilities Division ACCEPTED BY: Edward McCullers, Vice President Youngquist Brothers, Inc. Fund: 412 Cost Center: 273511 Object Code: 634999 Facility Rehabilitation Date col ] iercounT~o 9'} 1 352?020 08/22/0! ~lJ 14:4! FA.[ 9414~945$S ¥0L'I~G~UIS? BROT~RS Yo~nsqutst Brothers, Inc. 15465 Pine IUd~ Ro~ ~F~rt Myers~ Florida 33908 22, 2O02 Steve Mesm~ Cettla Cou~ Utilities 3851 Utility Drive N~rplcs, lqmida 34117 l~e: North Cotlier County Regioazl Wste' Treau~ent Plant, Deep INectica Well Dear Steve, Yotmgquist Brothers, Inc., will provide .tl labor, equipment and materials necessary to replace th~ injection tubln& and packcr ca the abovc r=fcrcaced deep injecfica well for th~ lump sam amom:t of ~649,500.00. Thi~ pri~e is based on the same soopc of work as Injection Well No. I. The price may be t'ed14t~ i/',his ~vortc Ca~t be ]~orr/tec[ on the sante mobilization asthe repa~ oa [njetl/on Well Nol. or if the sco~ of work/s redu~d. Please ~ if you h~ve any queatio~ or ne~i an), ad ~IE;'"'"'"'"'"'~ L. tt'ormation. ttespect~lly, ~ Vic, Presidem SiP 1 ...... EXECUTIVE SUMMARY AWARD CONTRACT COUNTY REGIONAL CONSTRUCTION, BID IN THE AMOUNT OF $745,983 FOR SOUTH WATER TREATMENT PLANT TEST WELL 02-3403. OBJECTIVE: To construct test wells for the evaluation of new wellfields for the future 12 million gallons per day reverse osmosis expansion at the South County Regional Water Treatment Plant (SCRWTP). CONSIDERATIONS: On July 8, 2002, the bid was advertised and forty-one bid inquiries for the SCRWTP Test Well Construction were sent out. Seven bid sets were purchased by interested bidders. On August 8, 2002, two bids were received as follows' Diversified Drilling Southeast Drilling Services, BIDDER Corporation b~c. Total Base Bid $745,983 $797,775 Diversified Drilling Corporation was the lowest, responsive bidder with a total base bid of $745,983. The Design Professional's estimate for the project total base bid was $630,225. The Design Professional, Greeley and Hansen LLC, recommends awarding the bid to Diversified Drilling Corporation in the attached letter dated August 14, 2002. Diversified Drilling Corporation has a satisfactory performance record on previous projects involving similar work for the County. Staff recommends awarding the project to the lowest bidder, Diversified Drilling Corporation, for the total base bid in the amount of $745,983. FISCAL IMPACT: Funds in the amount of $745,983 Water Impact Fees (Fund 411). are available in County GROWTH MANAGEMENT IMPACT: This project is recommended in the 2001 Water Master Plan Update adopted by the Board on December 11, 2001, Agenda Item 8(B). SEP I 0 2002 PG. Executive Summary Award Bid 02-3403 for SCRWTP Test Well Construction Page 2 of 2 RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award the bid and authorize the Chairman to execute an Agreement with Diversified Drilling Corporation in the amount of $745,983 for Bid 02-3403, SCRWTPTest Well Construction. PREPARED BY: · ' Manager Mohan V Thamp~, PE, SenlorProject ~ Public Utilities Engineering Department REVIEWED BY: S"~eve Carnell, ~irector Purchasing Department REVIEWED BY: ,z ~'.', r'~.__ ,J--c~----- DATE: Roy B' Anderson, P.E., Director Publ'ic Utilities Engineering Department P~ul Mattausch, Water Director Public Utilities Division APPROVED ~ ~~~ DATE: w. Cminis a o ~lic Utilities Division SEP I O ZOOE GREELEY AND 4~5 METRO PARKWAY, SUIT£ ~00 FORT MYERS, FLORIDA 339~6 FAX 239-226-9663 www.greeley-hansen.com HANSEN August 14, 2002 Mr. Mohan V. Thampi, P.E., REM Senior Project Manager Collier County Public Utilities Engineering Department 3301 E. Tanfiami Trail Bldg. H Naples, Florida 34112 Subject: SCRWTP Test Well Construction Bid 02-3403 Report on Bids Dear Mr. Thampi: We have tabulated the bid forms received by Collier County for the South County Regional Water Treatment Plant Test Well Construction and present our findings herexvith: 1. General Bids were invited by an h~vitation to Bid for the xvork shown and described in the Bid Documents. A pre-bid conference was conducted on July 25, 2002. One addendum, No. 1, was issued on August 1, 2002, and receipt was acknowledged by all bidders. Submitted Bid Schedules were opened, read aloud and recorded in the Purchasing conference room, 3301 East Tamiami Trail, General Services Building, Naples, Florida 34112, at 2:30 p.m. on August 8, 2002. 2. Bids Received Two bidders submitted bids for Bid No. 02-3403, South County Regional Water Treatment Plant Test Well Construction, each of which was accompanied by a bid bond in the amount of five percent of the amount bid as bid security. The individual submitted Bid Schedules have been tabulated and are summarized as follows: Name and Address of Bidder: Total Computed Amount of Bid Southeast Drilling Services, Inc. P.O. Box 271723 Tampa, FL 33688 Diversified Drilling Corporation P.O. Box 290699 Tampa, FL 33637 $797,775.00 $745,983.00 A detailed tabulation of the submitted Bid Schedules showing individual Contract Item unit and total prices is included with this report as Exhibit 1. 3. Contingent Conditions The bid from South East Drilling Services, Inc. was accompanied by a letter indicating that demucking at the well sites was not included in their bid price and that the monitor well sizes would allow for up to 120 gpm of pumping (up to 300 gpm is specified). 4. Irregularities None of the bids submitted contained irregularities. 5. Evaluation of Prices The Engineer's estimate was $630,225.00. The two bids received on August 8, 2002 were $745,983.00 and $797,775.00. The current market conditions for well drilling projects and uncertainties regarding the specific locations of the actual well sites contributed to bid prices which were higher than the estimated costs. 6. Recommendations Our investigation indicates that the apparent low bidder for the SCRWTP Test Wells, Diversified Drilling Corporation, is qualified, responsible, and able to perform the required ~vork. We recommend that a Contract in the amount of $745,983.00, for the construction of the SCRWTP Test Wells, be awarded to Diversified Drilling Corporation. Respectfully submitted, GREELEY AND GREELEY AND HANSEN Roger S. Howell, P.E. HANSIEN ~c SEP 1 0 2002 EXHIBIT 1 Project Title: SCRWTP Test WelLs Construction Project Mgr: Mohan Thampi Notices Sent: 41 Tab for Bid: #02-3403 Package Rec: 2 '- ~eniog Date: 8-Aug-02 Posting Date:July 8, 2002 Southeast Driliiag Services, Inc. Divers~ed Drilling Corporation P.O. Box 271723 P.O. Box 290699 ITEM Description Tampa, FL 33688 Tampa, FL 33637 1 MoDilization, Site Preparation and General Requirements Unit Cost (Lump) $ 283,000.00 $ 76,023.00 Total Cost (1) $ 283,000.00 $ 76,023.00 Lower Hawthorn Aquifer Monitor Wells-Northern & Southern Sites-2 Wells Anticipated 1 Install surface casin~l Unit Cost/Feet) $ 85.00 $ 250.00 Total Cost (40) $ 3,400.00 $ 10,000.00 2 Drill 11-5/8 inch borehole to :~-650' Unit Cost (Feet) $ 35.00 $ 35.00 Total Cost (1260) $ 44,100.00 ~ S 44,100.00 3 ~,n,nhysical logging (caliper, gamma, dual-induction Unit Cost (Lump) $ 7,500.00 $ 1,500.00 Total Cost (2/ $ 15,000.00 $ 3,000.00 4 Install 6-inch production casin~l to :~-650' Unit Cost IFeet) i $ 10.00 $ 41.00 Total Cost (1300) $ 13,000.00 $ 53,300.00 I 5 Grout production casin~l Unit Cost tSacks/ S 25.00 $ 20.00 Total Cost (8501 S 21,250.00 $ 17,000.00 6 Drill 5-inch diameter open hole to ±800' Unit Cost (Feet1 S 25.00 $ 50.00 Total Cost (300/ S 7,500.00 $ 15,000.00 7 Well development, reverse-a~r Unit Cost (Hours) S 300.00 S 225.00 Total Cost (4) $ 1,200.00 S 900.00 Geophysical logging (caliper, gamma, 8 dual-induction, flow, fluid resistivity, tem~3erature Unit (Luml31 $ 7,500.00 : S 5,000.00 Total Cost (2) $ 15,000.00 $ 10,000.00 9 Well development, high rate pumping unit Cost (Hours $ 500.00 $ 225.00 Total Cost (4) $ 2,000.00 $ 900.00 10 Step drawdown test Unit Cost (Hours) $ 500.00 $ 225.00 Total Cost (8) $ 4,000.00 $ 1,800.00 11 Wellhead installation Unit Cost (Lump) $ 700.00 $ 5,000.00 Total Cost 12) S 1,400.00 $ 10,000.00 12 Demobilization and restoration Unit Cost ILumpI $ 5,000.00 S 15,000.00 Total Cost (2) S 10,00000 S 30,000.00 13 Standby, ric, I and crew Unit Cost (Hou~'s~ $ 150.00 $ 100.00 Total Cost {4) S 600.00 S 400.00 14 Standby/, rig and crew off-site Unit Cost (Hours) $ 150.00 $ 25.00 Total Cost (4) $ 600.00 , $ 100.00 15 Extra work, rig and crew Unit Cost (Hours) $ 15000 $ 175.00 Total Cost (4) $ 600.00 $ 700.00 16 Extra work, crew and pump hoist Unit Cost IHours) $ 150.00 S 125.00 Total Cost (4) i $ 600.00 $ 500.00 17 Extra work, crew Unit Cost (Hours) $ 1,500.00 $ 125.00 Total Cost (4) S 6,000.00 $ 500.00 Lower Hawthorn Aquifer Monitor Wells Bid Sub-Total: S 140,850.00 S 198~200,00 Page 1 of 6 .o. /be, SEP 1 0 2002 EXHIBIT 1 Project Title: SCR'WTP Test Wells Construction Project Mgr: Mohan Thampi Notices Sent: 41 Tab for Bid: #02-3403 Package Rem 2 Opening Date: 8.Aug-02 Posting Date:July 8, 2002 Southeast Drilling Services, Inc. Diversified Drilling Corporation :P.O. Box 271723 P.O. Box 290699 ITEM Description Tampa, FL 33688 Tampa, FL 33637 Mid-Hawthorn Aquifer Monitor Wells-Northern & Southern Sites-2 Wells Antici ated ~ ~ ~ Unit Cost Feet ~ ~ ~ To~l Cost_~. ~ $ ~o,ooo.o~ ~ ~ Ddl111~- 8 inch borehole to .',-325' ~ ~ ~~ s 2~,3~o.o~ 3 ~ ~ Unit Cost Feet ~ ------~~ ~o~, Cost 6.~o ~~ ~ ~ Grout roductio~sin ~ ~ Unit Cost Sacks ~ ~~~~ S~9,000.00 ~ ~ s 25.oo UnitCost Feet $ ~ ~ Total Cost ,~o. ~ ~ ~ell develo ment, reverse-air ~ ~ Unit CostHours~ ~~ TotalCost 4 ~ $ 900.00 ~ ~ Wellhead installation ~~ Total Cost2 ~ ~~ o~a ~on and restoration ~ Total Cost (2) to ~~~-'s 25.~ ~ ~ Extra work, rig and crew ~ ~ Extra work, crew I .o.__ ,,.,,,. J SEP lO~OOZ Page 2 of 6 J PG. //9 ......... ~-_ · EXHIBIT 1 Project Title: SCRWTP Test Wells Construction Project Mgr: Mohan Thampi Notices Sent: 41 ~ for Bid: #02-3403 Package Rec: 2 ,ning Date: 8-Aug-02 Postiag Date:July 8, 2002 Southeast Drilling Services, Inc. Diversified Drilling Corporation P.O. Box 271723 P.O. Box 290699 ITENI Description ITampa, FL 33688 Tampa, FL 33637 Mid-Hawthorn Aquiler Monitor Well-Central Site-1 Well Anticipated I Install sudace casing Unit Cost (Feet~ $ 85.00 $ 250.00 Total Cost(20~ $ 1,700.00 $ 5,000.00 2 Drill 11o5/8 inch borehole to =325' Unit C~ $ 35.00 S 35.00 Total C~ $ 10,675.00 S 10,675.00 Geophysical logging 3 ~amma, dual-induction Unit Cost(Lump) S 4,500.00 $ 2,500.00 Total Cost(l) $ 4,500.00 S 2,500.00 4 Install 6-inch production casing to =325' Unit Cost (Feet} $ 10.00 $ 45.00 Total Cost (325) $ 3,250.00 $ 14,625.00 5 Grout production casin~l Unit Cost (Sacks) $ 25.00 $ 20.00 Total Cost (225) $ 5,625.00 $ 4,500.00; 6 Drill 5-inch diameter open hole to -,-550' Unit Cost IFeet) S 25.00 $ 25.00 Total Cost (225) $ 5,625.00 $ 5,625.00 Geophysical Ioggin~ 7 (caliper, (~amma, dual-inductior Unit Cost (Lump) S 4,500.00 S 4,000.00 Total Cost (1) $ 4,500.00 $ 4.000.00 8 Well development, reverse-a~r Unit Cost (LumpI $ 300.00 , S 225.00 Total Cost (2) S 600.00 $ 450.00 Wellhead installation ~-. 9 Unit Cost (Lump) $ 700.00 S 4,000.00 Total Cost (1) $ 700.00 S 4,000.00 10 Demobilization and restoration Unit Cost (Hours $ 5,000.00 $ 12,000.00 Total Cost (1) $ 5.000.00 S 12.000.00 ! 11 Standby, ri(:,l and crew Unit Cost (Hours $ 150.00 $ 100.00 Total Cost (2) $ 300.00 $ 200.00 12 Standby, ri~l and crew off-site Unit Cost ( Hours $ 150.00 S 25.00 Total Cost (2) S 300.00 $ 50.00 13 Extra work, ri~l and crew Unit Cost (Hours) $ 150.00 $ 175.00 Total Cost (2) $ 300.00 S 350.00 14 Extra work, crew with pump hoist Unit Cost (Hours) $ 150.00 $ 125.00 Total Cost (2) $ 300.00 $ 250.00 15 Extra work, crew with pump hoist Unit Cost (Hours) $ 150.00 I $ 125.00 Total Cost 12) $ 300.00 $ 250.00 Mid-Hawthorn Aquifer Monitor Well Bid Sub-Total: $ 43,675.00 $ 64,475.00 Page 3 of 6 SEP 1 0 2002 _ PC,. 7 .... _ EXHIBIT 1 Project Title: SCRWTP Test Wells Construction Project Mgr: Mohan Thampi Notices Sent: 41 Tab for Bid: #02-3403 Package Rec: 2 Opening Date: 8-Aug-02 Posting Date:July 8, 2002 Southeast Drilling Services, Inc. Diversified Drilling Corporation P.O. Box 271723 P.O. Box 290699 ITEM Description Tampa, FL 33688 Tampa, FL 33637 Lower Tamiami Aquifer Monitor Wells-Northern h Southern Sites-2 Well Anticipated 1 Install surface casing Unit Cost (Feet) $ 85.00 S 200.00 Total Cost (40) $ 3,400.00 $ 8,000.00 2 Ddll 11-5/8 inch borehole to a-60' Unit Cost (Feet) $ 35.00 $ 35.00 Total Cost (80) $ 2,800.00 $ 2,800.00 3 Install 6-inch production casing to :t-60' Unit Cost (Feet) S 10.00 $ 45.00 Total Cost (120) S 1,200.00 $ 5,400.00 4 Grout prorl.~tion casing Unit Cost ISacks) $ 25.00 $ 20.00 Total Cost (100) $ 2,500.00 $ 2,000.00 5 Ddll 5-inch diameter open hole to -~110' Unit Cost (Feet) $ 25.00 $ 25.00 Totat Cost (100) $ 2.500.00 $ 2,500.00 6 Well development, reverse-ail Unit Cost (Hours) S 300.00 I S 225.00 Total Cost (21 S 600.00 I S 450.00. 7 Wellhead installation Unit Cost (Lump) $ 700.00 $ 1,500.00,,. Total Cost (2) $ 1,400.00 $ 3,000.00 8 Demobilization and restoration Unit Cost (Lump) S 5,00000 S 3.000.00 Total Cost (2) S 10,000.00 S 6,000.00 9 Standby, rig and crew Unit Cost IHours) S 150.00 $ 10.00 Total Cost (31 S 450.00 $ 30.00 10 Standby, rk:j and crew off-site Unit Cost (Hours) $ 150.00 $ 10.0' Total Cost (3 $ 450.00 $ 30.0 11 Extra work, rig and crew Unit Cost (Hours S 150.00 $ 25.00 Total Cost (3): $ 450.00 , S 75.00 12 Extra work, crew with pump hoist Unit Cost (Hours) S 150.00 $ 25.00 Total Cost (3) S 450.00 $ 75.00 13 Extra work, crew Unit Cost (HoursI $ 150.00 S 25.00 Total Cost (3)i $ 450.00 I S 75.00 Lower Tamiami Monitor Wells Bid Sub-Totah $ 26,650.00 S 30,435,00 Page 4 of 6 EXHIBIT 1 Project Title: SCRWTP Test WelLs Construction Project Mgr: Mohan Thampi Notices Sent: 41 '~' Package Rec: 2 Tab for Bid: g02-3403 ' ~ening Date: 8.Aug-02 Posting Date:July 8, 2002 Southeast Drilling Services, Inc. Diversified Drilling Corporation P.O. Box 271723 P.O. Box 290699 ITEM Description Tampa, FL 33688 Tampa, FL 33637 Mid-Hawthorn Aquifer Test Production Wells-Northern & Southern Site-2 Well Antic!p_~ed 1 Install sudace casin!~ Unit Cost (Feet) $ 100.00 $ 250.00 Total Cost (40): $ 4,000.00 $ 10,000.00 2 Ddll 11-5/8 inch borehole to ~:325' Unit Cost (Feet) i $ 30.00 $ 35.00 Total Cost (610) $ 18,300.00 $ 21,350.00 Geophysical Iogginc 3 (caliper, c~amma, dual-induction Unit Cost (Lumpt $ 4,500.00 $ 2,500.00 Total Cost (21 $ 9,000.00 $ 5,000.00 4 Hole reamin~l to Unit Cost (Feet) S 50.00 S 35.00 TotalCost (610) $ 30,500.00 S 21,350.00 5 Geophysical logging (caliper) Unit Cost (Lump) $ 4,500.00 $ 1,500.00 Total Cost (2) $ 9,000.00 $ 3,000.00 6 Install 12-inch production casinc, I to Unit Cost (Feet) $ 75.00 IS 115.00 Total Cost (650} $ 48,750,00 $ 74,750.00 7 Grout production casin(] Unit Cost (sacks) $ 25.00 $ 20.00 Total Cost (9501 $ 23,750.00 $ 19,000.00 8 Drill 11-inch diameter open hole to =550' Unit Cost (Feet) S 35.00 S 35.00 Total Cost (450) S 15,750.00 $ 15,750.00 9 Well development, reverse-att Unit Cost (Hours) $ 300.00 ' $ 225.00 _ Total Cost (4) i $ 1,200.00 S 900.00 Geophysical logging 10 (caliper, gamma, dual-induction, flow Unit Cost (Lump) S 4,500.00 $ 4,000.00 Total Cost (21 $ 9,000.00 $ 8,000.00 11 Well disinfection Unit Cost (Lump)l $ 5,000.00 S 1,500.00 Total Cost (27 $ 10,000.00 $ 3,000.00 12 Well cievelopment, hi~lh rate pump~ncj Unit Cost IHours) S 500.00 $ 225.00 Total Cost (8) S 4,000.00 $ 1,800.00 13 Step drawdown test Unit Cost (Hours) $ 50000 S 225.00 Total Cost {8} $ 4,000.00 S 1,800.00 Conduct aquifer pedormance tesl 14 (excludinc~ data Iogcjer/transducers Unit Cost (Lump} S 10,000.00 , $ 12,000.00 Total Cost (2) $ 20,000.00 I $ 24,000.00 15 Aquifer performance test d~t~ Io~)er and transducer Unit Cost (Lump} $ 2,500.00 $ 2,500.00 Total Cost (2)! $ 5,000.00 $ 5,000.00 16 Wellhead installation Unit Cost (Lump) $ 4,500.00 $ 12,000.00 Total Cost (2) $ 9,000.00 S 24,000.00 17 Demobilization and restoration Unit Cost (Lump)l $ 5,000.00 $ 10,000.00 Total Cost (2) $ 10,000.00 $ 20,000.00 18 Standby, ric. I and crew Unit Cost (Hours) $ 150.00 $ 10000 Total Cost (4) $ 600.00 $ 40000 19 Standby, ricJ and crew off-site Unit Cost (Hours) $ 150,00 $ 25.00 Total Cost (4) $ 60000 $ 100.00 20 Extra work, rig and crew Unit Cost (Hours) $ 150.00 I $ 175.00 ~. Total Cost 14) $ 600.00 $ 700.00 21 Ex'ira work. crew with pump hoist Unit Cost (Hours) $ 150.00 $ 125.00 Total Cost (4) $ 600.00 $ 500.00 22 Extra work, crew Unit Cost (Hours} $ 150.00 $ AG£~Da, 112~;00 Tota~ cost 260,900.00 Mid-Hawthorn Aquifer Test Production Wells Bid Sub-Total: $ 234,250.00 $ SEP 1 0 2O02 Page 5 of 6 PG. · , 7 ,- Project Title: Tab for Bid: Openiug Date: ITEM Witness EXHIBIT 1 SCRWTP Test Wells Construction #02-3403 8-Aug-02 Description Total Bid Amoun! L~Wood Tasha Price Material Manufacturec List Of Subcontractors Statement Of Experience o! Bidder Trench Safet~ Act Bid Bond Pr~ Addendum Received~ Project Mgr: Mohan Thampi Posting Date:July 8, 2002 Southeast Drilling Services, Inc. P.O. Box 271723 Tampa, FL 33688 797,775.00 Y Y Y Y Y None Y Notices Sent: Package Rec: Diversified Drilling Corporation P.O. Box 290699 Tampa, FL 33637 $ 745,983.0( None Page 6 of 6 SEP 1 0 EXECUTIVE SUMMARY ACCEPT A UTILITY EASEMENT FOR TttE CONSTRUCTION OF A RECLAIMED WATER MAIN ALONG THE NORTH SIDE OF VANDERBILT BEACH ROAD EXTENSION AT A COST NOT TO EXCEED $2,170. OB.][ECTIVE: That the Board of County Commissioners of Collier County, Florida, acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida, accept a utility easement from Pelican Marsh Community Development District (PMCDD) for construction of a reclaimed water main across its property abutting the north side of Vanderbilt Beach Road Extension. CONSIDERATIONS: Collier County Public Utilities Engineering Department has requested Facilities Management staff to acquire a 24-foot-wide right-of-way, abutting the north side of Vanderbilt Beach Road Extension between Airport-Pulling Road and future Livingston Road, for the installation of a reclaimed water line to connect existing reclaimed water mains located at Airport-Pulling Road and Village Walk Circle. The reclaimed water main is designed to supply treated County effluent water to various subscribers for irrigation purposes. This se~mnent will loop the system and increase flow and pressure to the pipeline, thus having a beneficial effect for all that use the existing system. The Board of County Commissioners on November 13, 2001, Item 16C6, approved the acquisition via donation of the four utility easements required for this project. Staff has secured three of the utility easements, but PMCDD is demanding $2,170 as compensation. Staff estimates the value of this 24-foot by 235-foot easement, which is located wholly within an existing Florida Power & Light Company right-of-way, at $1,000. Considering the alternative cost of condemnation, which could easily exceed $20,000, and the importance of having this project completed prior to peak season, staff is requesting approval of the Board to close the transaction with PMCDD at the $2,170 asking price. In order to ensure that Collier County's interest is protected, the Utility Easement and all associated closing documents will be reviewed by the County Attorney's Office and the Public Utilities Engineering Department prior to closing. FISCAL IMPACT: Total acquisition costs are estimated not to exceed $2,170, which includes recording fees and documentary stamps. Acquisition costs will be expended from Sewer Impact Fee Fund (413), Vanderbilt Beach Road 20" Airport Pulling to 75. GROWTH MANAGEMENT IMPACT: The project is needed for the County's effluent resource management system. Effluent resource management is consistent with the Collier County Growth Management Plan which states that the County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and groundwater supplies. EXECUTIVE SUMMARY Vanderbilt Beach Road Extension Reclaimed Water Main Page 2 RECOMMENDATION: Staff is recommending that the Board of County Commissioners acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida: 1. Approve an Easement Agreement and accept a Utility Easement from Pelican Marsh Community Development District; Approve compensation to Pelican Marsh Community Development District in the amount of $2,154.60 ($2,170 less cost of documentary stamps) and hereby waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; 3. Authorize the Chairman to execute the Easement Agreement upon review and approval by the County Attorney's Office and Public Utilities Engineering Department; 4. Authorize staff to prepare related vouchers and Warrants for payment; and Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Court the Utility Easement and appropriate documents to clear title in the Public Records of Collier County, Florida. Toni A. Mott, Supervisor Property Acquisition & Construction Management Fa~c.cilities Management Department Charles E. Carringto~, Jr.,"Sfl/WA, Manager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: ~~~d-ff"~ ~Skip C,~'fi~l~, Director ' Facilities Management Department DATE: SEP 1 0 2002 EXECUTIVE SUMMARY Vanderbilt Beach Road Extension Reclaimed Water Main Page 3 REVIEWED BY: Public Utilities Engin~epartment ~Ja~es W. DeLony, P.E., Administrator ic Utilities Division ~ '~ W4~,~/ DATE: Ronald F. Dillard, P.E., Senior Project Manager DATE: SEP 1 0 2002 EXECUTIVE SUMMARY APPROVE FUNDING FOR ADVANCING THE ACQUISITION OF PROPERTY RELATED TO FUTURE WATER AND SEWER FACILITIES IN THE AMOUNT OF $40,000 ~ To start early with the time-consuming process of acquiring real property for future facilities identified in the 2001 updates to both the water and sewer master plans. CONSIDERATIONS:. Updates to both the water and sewer master plans were adopted by the Board on December 8, 2001 as agenda items 8(A) and 8(B). Staff recommends beginning the process of acquiring easements and property for future facilities identified in the master plans. Funds are needed for County Real Property staff time, and also, outside contractual services which may include property appraisals and surveying. New projects and proposed FY2002 funding are summarized as follows: Project Name Southeast Regional Water Treatment Plant -Master Pum ip~ Station 3.14 (Naples Heritao?~) East-Central Water Transmission Main Northeast Re__g_ional Water Treatment Plant Proposed FY ~-Northeast Regional Water Reclamation Facility 2002 Funding__ $10,000 $ 5,000 $10,000 $ 7,500 $ 7,500 FISCAL IMPACT: There are no funds specifically budgeted in FY2002 for these activities. Budget amendments are needed to transfer the proposed FY2002 funding for each project from Reserves for Capital Outlay. Funds are available from Water Impact fees (Fund 411) and Sewer Impact fees (Fund 413). GROWTH MANAGEMENT IMPACT: Staff's recommendations are consistent with the 2001 updates to the water and sewer master plans. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve the necessary budget amendments. SUBMITTEDBY: /Cu.v/ '~...~.,].,.~.. 47 t/'z.,~,,,~ Date: Karl W. Boyer, P.,;,E., Utilities Engineering Senior Project Manager ) '~ ,//L~ ~""//' '-'ate' .a'/z~c' 2_ REVIEWED BY: / [~.7~'p/__x...__r~. -.,.~_. . . _. tJ .. _____ Roy B. 0,fiderson, Utilities Eno~,~nng D~rector . DeLony, P.E., Public U~ities Administrator .o. SEP EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $200,000 TO FUND UNANTICIPATED EXPENSES WITHIN THE WATER DEPARTMENT OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve a Budget Amendment for the Water Department to cover unanticipated expenses that have caused a shortfall in operating funds. CONSIDERATIONS: The Water Department has experienced a series of unanticipated mechanical and electrical problems in the Tamiami Wellfield and at the North Regional Water Plant. These failures have included several recent direct lightning strikes. Damage has occurred to the Raw Water Booster Station and to the operating system for the North Regional Water Treatment Plant. These incidents have caused a shortfall in funding for other contractual services because of the severe damage to the telemetry systems and generators. Other Contractual Services funding will be expended to make final repairs FISCAL IMPACT: Total increased expenditures in the Water Department Cost Centers are $200,000 and will be funded from Reserves for Contingencies in the County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this budget amendment. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve a budget amendment for the Water Department in the amount of $200,000 to cover unanticipated expenses that have been expended during this Fiscal Year. Pamela Lib. by, Manager, Wa~lJfstribution Paul E. Mattausch, Directo_r, W~ep~ment ~ APPROVED BY~ ~ ~~ ~gDate: ,~ ~ s W. DeLony, P.E., Public Ut~ties Division Admi~strator ~ / .o. SEP I 0 ',).0O2 PG. EXECUTIVE SUMMARY APPROVE A RESOLUTION ADOPTING THE COLLIER COUNTY NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) EXPANSION TO 30.6 MGD (MILLION GALLONS PER DAY) FACILITIES PLAN UPDATE, AUTHORIZE THE SUBMISSION OF THIS PLAN TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), TO FACILITATE THE STATE REVOLVING LOAN APPROVAL PROCESS, AND AUTHORIZE THE PUBLIC UTILITIES ADMINISTRATOR TO CARRY OUT THE COUNTY'S RESPONSIBILITIES UNDER THE LOAN PROGRAM. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a resolution adopting the Collier County NCWRF Expansion to 30.6 MGD Facilities Plan Update; authorize submission of the plan to the FDEP; and designate the Public Utilities Administrator as an authorized representative to carry out the County's responsibilities under this loan program and to delegate authority and responsibility to staff to carry out all activities to accomplish the goals of the loan program.. CONSIDERATIONS: During the 2000-2001 peak winter season, the North County Water Reclamation Facility (NCWRF) experienced overflow events. These events resulted in an FDEP Consent Order. The Consent Order fully executed by the Board and the FDEP on April 10, 2001, mandates that an expansion of the NCWRF to a maximum monthly treatment capacity of 30.6-MGD (Million Gallons per Day), MMADF (Maximum Month Average Daily Flow) be operational no later than January 1, 2005. On July 30, 2002 the Consent Order was amended to allow for completion of a 5 MGD expansion by January 1, 2005 and a second 5 MGD expansion by January 1, 2010. To comply with the FDEP consent order, the system must meet the permanent needs of the facility that is currently undergoing expansion, as well as the interim needs as defined by the FDEP. Collier County is seeking consideration for a Iow-interest State Revolving Fund (SRF) Construction Loan from the FDEP. It is understood that these funds may be used to proceed with construction loan funding. It is the intent of the County to secure maximum eligibility for all anticipated wastewater construction projects utilizing the lowest cost funding available. We have submitted a Request For Inclusion (RFI) with the FDEP to be included in their priority list to obtain a SRF loan. .o.___J_O SEP I 0 2002 _PG. I ..... This SRF funding source will be instrumental in allowing Collier County to proceed with this project. Preliminary planning efforts have resulted in an estimated cost of $57,280,000 (including a loan servicing fee of $1,123,000) to construct the NCWRF Expansion to 30.6 MGD that meets the requirements set forth in the consent order. FDEP has stipulated October 2, 2002 to be the deadline to complete and submit all the approval process documents for the NCWRF Expansion to 30.6 MGD Facilities Plan Update. Approval of this resolution will satisfy the planning protocols required by the FDEP. FISCAL IMPACT: The adoption of this resolution has no fiscal impact GROWTH MANAGEMENT IMPACT: The expansion of the NCWRF is consistent with the Growth Management Plan and 2001 Wastewater Plan. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a resolution adopting the Collier County NCWRF expansion to 30.6 mgd (million gallons per day) Facilities Plan Update, authorize the submission of this plan to the Florida Department of Environmental Protection (FDEP), to facilitate the State Revolving Loan approval process authorize the Public Utilities Administrator to carry out the County's responsibilities under the loan program. Prepared By: B a ~~. ~ ~ d2ar,~Sen~r A~ccountant Peter Schalt, PMP, Project Manager Thom'as Wides, Operations Director Appr°V~eL~n~i Admi~isti~lic Utilities Division Date: ,o._ C SEP I 0 2002 _ RESOLUTION NO. 2002- .. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COUNTY'S NCWRF EXPANSION TO 30.6 MGD MMADF FACILITIES PLAN UPDATE, DATED JULY, 2002; AUTHORIZE THE PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), AND DESIGNATING AUTHORIZED REPRESENTATIVES WHEREAS, Collier County has determined that the NCWRF Expansion to 30.6 MGD (millions gallons per day) Project recommended in the Collier County NCWRF Expansion to 30.6 MGD Facilities Plan Update is in the best interest of the citizens; and WHEREAS, staff has requested that the Board of Collier County Commissioners approve the NCWRF Expansion to 30.6 MGD Facilities Plan Update and Capital Financing Plan after discussion at a public meeting in accordance with State Revolving Fund (SRF) requirements; and WHEREAS, The County is seeking funding from the FDEP under its SRF loan program to fund these improvements to benefit the Collier County Water/Sewer customers; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT THAT: 1. Collier County hereby adopts the Collier County NCWRF Expansion to 30.6 MGD MMADF Facilities Plan Update, copy attached hereto and incorporated herein. 2. The Collier County Dedicated Revenue and Capital Financing Plan has been reviewed, and discussed in a public meeting of Collier County, is hereby adopted. 3. The Board of County Commissioners hereby authorizes the submission of this plan to the State of Florida Department of Environmental Protection. 4. The Collier County Public Utilities Division Administrator is hereby authorized to carry out the County's responsibilities under this Loan Program and to delegate authority and responsibility to staff to carry out all activities to accomplish the goals of the Loan Program. 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this ~ day of ,2002 after majority vote in favor of adoption. AT'TEST: 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 Approved as to form and legal sufficiency: Tom tSal~ner, ~,ssi~tant County Attorney BY JAMES N. COLE'I-FA, Chairman SEP I 0 2002 EXECUTIVE SUMMARY ACCEPTANCE OF LIBRARY CURRENT YEAR ACTION PLAN AND APPROVAL OF LIBRARY STATE AID APPLICATION. (FY 03 GRANT REVENUE OF $350,000.) OBJECTIVE: Acceptance of the Library current year action plan and approval for the Chairman to sign the application for State Aid. CONSIDERATIONS: Collier County Public Library qualifies, under Chapter 257 of the Florida Statutes, for State Aid to Libraries. This program is administered by the Florida Department of State, Division of Library and Information Services. The Application and Current Year Action Plan are requirements to receive the State funding. The Board has approved submission of the Application for State Aid and associated contracts and documents for over two decades. State Aid for FY 2003 was anticipated in the County's FY 2003 budget as Library Grant Fund (129) revenue. State Aid is available to Florida public library systems that qualify as a result of meeting minimum requirements as stipulated in F.S. Chapter 257 and Chapter lB-2 Florida Administrative Code. The grant amount is calculated by means of a formula, which considers: (1) the amount of local funds appropriated for the Library adjusted by a factor based upon the amount of revenue a one mill levy in the jurisdiction would generate, (2) the number of library systems in Florida which qualify in a given year, and (3) the total amount made available by the State Legislature for such grants for the year. State Aid to Libraries is, by legislative intent, provided to improve library services within the State, and is to supplement, rather than 'replace, local effort towards that end. State Aid may not be used to fund capital construction. It may be used for operating purposes and equipment. The Current Year Action Plan is prepared by the Library Staff in consultation with the Library Advisory Board and includes various components required by the State Library. It supplements the Library's Long Range Plan, which was approved in FY00 by the BCC. FISCAL IMPACT: State Aid was included as anticipated revenue (estimated $350,000) in the FY 2003 Library Grant Fund (129). The actual amount likely to be received may be slightly more or less. A budget amendment will be prepared to authorize the expenditure of the difference once a final figure is available. Funds that result from this particular application will not arrive until FY 2002-2003. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends the Board accept the Library's Current Year Action Plan, authorize the Chairman to sign it and the application for State Aid, and approve submission to Florida Department of State, Division of Library and Information Services. Marilyn Matth~, Xssistant Director Project Number FLORIDA DEPARTMENT OF STATE DIVISION OF UBRARY AND INFORMATION SERVICES FY2002-2003 STATE AID TO LIBRARIES GRANT APPUCATION Single County Library (File by October 1, 2002) The Bom'd of County Commissioners , (name of library goveming body) governing body for the ~ Collier' County Public Library (name of county library) hereby applies to the Division of Library and Information Services, Flodda Department of State, for State Aid to Libraries grants as authorized under Chapter 257, FIodda Statutes, and guidelines for the State Aid to Libraries Grant program, for the fiscal year beginning October 1, 2002 and ending September 30, 2003. Certification of Local Operating Expenditures We certify that the following total funds from local soumes were expended centrally during the fiscal year beginning October 1, 2000, and ending September 30, 2001 (second previous fiscal year) for the operation and maintenance of a library under the conditions outlined in Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program We further certify that the amount listed below does not include any of the followinR: Funds received from the federal government Funds received from the state govemment Funds used for purchase or construction of a library building or library quarters Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid tO Libraries Grant program. Total local funds expended centrally by the library for the operat/on and maintenance of a library between October 1, 2000, and September 30, 2001. (The second previous year) Form f~)LIS/SA02 Effective 11/20/2001 $ _5,008,472_ of 5 Grant Agreement The Applicant (Grantee) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Flodda Statutes and guidelines for the State Aid to Libraries Grant program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Fiodda Statutes, and guidelines for the State Aid to Libraries Grant program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Librar~j and Information Services (DIVISION) with statistical, narrative, financial and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, creed, color, handicap, national odgin, or sex. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Submit an audit or attestation statement pursuant to Section11.45 and 215.97 Florida Statutes e. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. I1. bo Co The DIVISION agrees to: Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Ubraries Grant program. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be mede by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules Fo~m ~DLIS/SA02 Effective 11/20/2001 SEP 1 0 2002 do Form ~LIS/SA02 Effective 11/20/2001 of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responSible for any injury or property damage resulting from any activities conducted by the Grantee. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death or damage to property, adsing out of any activities performed under this agreement and shall investigate all claims at its own expense. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. The Grantee shall not assign, sublicense, nor otherwise transfer its fights, duties or obligations under this agreement without the pdor written consent of the DIVISION, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties or obligations of the Department to another governmental entity pursuant to section 20.60, Flodda Statutes, or otherwise, the fights, duties and obligations under this agreement shall also be transferred to the successor government entity as if it were an odginal party to the agreement. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. i'A~l~nd.~. ~t.~,~"p~'-e3of5 SEP 1 ojoo2 mo This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to IJbraries Grant program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time pedod. For purposes of this agreement, "good cause" is defined as cimurnstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specir~d address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Flodda 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of the notification of grant award. THE APPLICANT/GRANTEE BOARD OF COUNTY COIVl/vIISSIONERS, COLLIER COUNTY, FLORIDA THE DIVISION BY: JAMES N. COLE'FI.A, Chairman Date ATTEST: DWIGHT E. BROCK, Clerk By:. Deputy Clerk Division of Library and Information Services Deparl~nent of State, State of Flodda Typed Name Date Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attomey Date Form ~DLIS/SA02 Effeclive 11/20/2001 Date. AGENDA ITEM No. II, p/ page 4 ot SEP 10 2002 Long Range Plan 2002 upplement FY03 Current Year Action Plan After opening the new Headquarters Library in FY02. the Collier County Public Library switches gears to work more on internal, organizational and customer service issues during the coming year. The opening of a second large library in the County requires internal reorganization and coordination to ensure that the Library continues to provide service to the community that 'exceeds their expectations'. Related issues of staffing, compensation, and retention will also be evaluated. The expansion of the Immokalee Branch Library, with State Construction and Impact Fee Funds, will also be completed in 1:703. Preplanning will start for expansion of the' ~olden ~ate Branch Library. In order to further the Doals and Objectives of Collier County Public Library, the Library intends to work on the following during FY03. Library Administration Management Team: ~Oal 1: Establish priorities for Library service based on expressed community needs, resources available, and demographic and economic trends in the County, to insure adequate and appropriate services are provided. Objective 1.1: Evaluate existing services annually. Actions: Conduct senior staff review meetings to access services. Meetings are scheduled bi-monthly, August through December 2002. ~ Review public survey conducted in 1~02, and publish the results. ~ Survey the area within 5 miles of the new Headquarters Library. Staff will visit meetings of non-profit and professional organizations in the area; staff will mail information to residents and businesses concerning the new library building; and staff will request information concerning materials and programs that should be included in the new building. Objective 1.2: Review and revise existing Long Range Plan and Library Policies annually. Actions: V Conduct senior staff review meetings to discuss the Long Range Plan and Library Policies. Meetings are scheduled bi-monthly, August through December 2002. Agenda It~ NO · ~,~__ SiEP 1 0 2002 Review proposed changes with Libra,y Advisory Board (LAB), by ,Tune 2003. Request approval of policy and planning changes, after LAB approval. Objective obtained programs. Actions: ~/ Using within ! .3: Prepare annual budget recommendations, considering information through Long Range Planning Process and evaluation of existing data gathered throughout the year, propose F'Y04 spending plan, County guidelines. Start budgeting funds to plan and construct the Golden Gate Branch Expansion. Objective :~.4: Review and revise long-range capital program plans, at least evem/two years. Actions: ~/ Review need for South Regional Libra,y. ~/ Start planning for the expansion of Golden Gate Branch. oal 2: Ensure effective and appropriate Library services for oil areas of County. Objective 2. !: Review and revise policies annually or as needed. Actions: ~/ Conduct senior staff review meetings to discuss the Long Range Plan and Library Policies. Meetings are scheduled bi-monthly, August through December 2002. Objective 2.2: I~eview services at various library outlets annually or as needed. Actions: ~/ Review information provided by user and non-user surveys. ~/ Propose changes to the Libra,y Advisory Board for considen3tion. ~<)cll 3: Provide employee benefits and staff development in con~unction with County Human Resources and 5WFLN. Objective 3. :l: Ensure staff is compensated fairly when compared to other County Deportments. l'Agenda Actions: ~ Review job descriptions and ensure they accurately reflect work being done. ;/ Work with staff in rewriting staff action plans and evaluations. Objective 3.Z: Ensure staff compensation is adequate to attract and retain qualified employees. Actions: V Provide salary comparison statistics to the Human Resources Department from similarly sized libraries. ~/ Provide any 'real time' examples experienced while hiring librarians. Objective 3.3: Provide continuing education opportunities for 100% of staff. Actions: Ensure that each staff member receives a copy of internal class offerings and the SWFLN class schedule. ¥ Complete work on CCPL-U and implement for Staff. ~/ Review orientation plan documents and use with each new staff member. Goal 4: Provide adequate and effective library facilities for each planning community. Objective 4.:1: Buildings are designed to meet community needs and provide services as recognized by the Long Range Plan. Actions: ~/ Review Conditional Use Permit for i:mmokalee with area residents. ~/ Start planning process for the expansion of Golden Gate Branch Library. Objective 4.2: i:nsure adequate funding for construction projects and seek grant funding when possible. Actions: V Request additional l~mpact Fee Funds for the Immokalee Expansion Project. ~/ Work with the Friends to raise-local funds to enhance the State Construction Grant and the matching construction funds. Objective 4.3: Build the addition to the Immokalee Branch Library. Actions: ¥ Complete the construction of the i:mmokalee addition. No. /~ SEP 10. 2002 Objective 4.4: Ensure materials are delivered in a timely manner to all library locations, including new materials and supplies, and materials returned by patrons to a different Branch. Actions: ~/ Evaluate routes and schedules based on F~O! experiences. Technical Services Insure timely acquisition of library materials. Objective :%. :%: Establish effective procedures for ordering materials. Actions: ¥ Acquisitions librarian coordinates and evaluates materials selections. Branch librarians will refine their general collection development criteria for their location. Policy will indicate briefly kinds of materials and subjects needed at each location. ~/ Continue collection development at new Headquarters. ~oal 2: ]:nsure efficient processing of new materials. Objective 2.1: Establish effective procedures for processing new materials. Actions: ~/ Establish timetable for receipt of review journals by acquisitions librarian. Both Publishers Weekly and Library ,Tournal are due one week from receipt. Acquisitions librarian reviews selections, adding and deleting as needed, within Z week. Orders are sent no later than 2 weeks after receipt of a journal. Reviews found elsewhere will be processed within 2 weeks of receipt. ¥ Evaluate timetable as year progresses. ¥ Send appropriate staff to 5WFLN program on evaluating Technical Services. Objective Z.2: Provide user-friendly access to library materials that is standard for all locations. Actions: ~/ Review processing standards, and produce written procedures for sharing with Branch personnel who handle label replacement, etc. Rearrange video collections in response to public requests. SEP 1 0 2002 With 5WFLN, implement ,41lay Cat. 4 Insure catalog revisions and records deletions are handled efficiently. Objective 3.2: Establish effective procedures for deleting and marking lost, withdrawn, and damaged materials. Actions: ~/ Evaluate current procedures with staff responsible for weeding and update as needed, especially considering materials that maybe saved for the new building. Objective 3.2: Establish a schedule for removing the electronic records from the on-line catalog. Actions: ~ Set specific dm/ to run bibliographic deletes with Systems Manager and Cataloger. Public Services Enhance the qUality of Reference and Adult Services. Objective 1.1: Develop and maintain high quality materials collections to meet the needs of the Collier County community. Actions: Acquisitions librarian works with staff as they select and weed materials. Evaluate collection for new Headquarters, based on patron demand and circulation statistics. ~/ Make selection changes based on survey results. Objective 2.2: Coordinate and publicize reference services throughout the system. Actions: Shift much of the PR work to new Public Relations Specialist and standardize formats of publicity. Work with County public relations department to include timely articles in the County staff newsletter, emphasizing the Library web page. Write articles for the Friends newsletter, which spread the word about Reference services available. ~/ Distribute business cards with Visit Your Public Library and our web address, at businesses throughout the County. ~ Conduct campaign to tell patrons about web page as they check out materials. Objective !.3: Provide trained staff during public hours to ensure delivery of high quality reference services to the public. Actions: ¥ Provide additional training and continuing education for all who work at Reference, including Sundm/reference. ~/ Evaluate applications and hire for 3 reference openings. Objective !.4: Plan, promote, and present a variety of programs for adults that encourage the use of library materials and facilities. Actions: Produce and distribute professional-looking brochures that publicize programs. Secure funding for programs through the Friends. ¥ Repeat the popular ?estival of the Humanities. Provide additional programs at Gates Computer Lab. Enhance the quality of services as patrons check out library materials. Objective 2.1: Provide staff training for oil permanent, temporary, and volunteer staff. Actions: Continue work on CCPL-U program for continuing education. ¥ Encourage staff to attend appropriate SWFUq and County classes. Develop Customer Service Training, Part 2, and present to all staff. Repeat Annual Training bay. Objective 2.2: Schedule adequate numbers of staff working to meet varying demand. Actions: Evaluate usage statistics and make scheduling adjustments. Consider dividing full-time positions into part-time positions to facilitate scheduling. ~ When one location shows a permanent drop in business, consider transferring a staff member to a busier location. ~O131 $: Enhance the quality of library services for children. Objective 3.1: Develop and maintain high quality materials collections to meet , ~ Agend~ ~tlem" the needs of the children of Collier County community. 1 No. _/~ ~ / ~_6 P~. ,/"'~'- . Actions: ¥ Provide adequate funding for materials. ¢ Provide additional training for those selecting children's materials. ¥ Budget Friends donation for children's materials to be spent in FY03. Objective 3.2: Coordinate and publicize children's programs throughout the system. Actions: ~/ Shift much of the PR efforts to new Public Relations Specialist. ~/ Produce and distribute professional-looking brochures that publicize children's programs. Objective 3.3: Encourage reading and use of the library by school age and preschool children. Actions: ~/ Provide quality programs and reading materials for children. ~/ Provide programs that help parents work with their children. Objective 3.4: Provide age appropriate programming for children. Actions: ~/ Provide quality programs and reading materials for children, throughout the year and during the summer FLYP program. ~/ Provide instruction to help parents work with their children. Objective 3.5: Provide appropriately trained staff to assist children with their information needs. Actions: ¥ Encourage staff to attend appropriate continuing education programs. Vr Hire additional children's librarians. Extension Services ~oell 1: Enhance the quality of library services provided to those who cannot come to the Library and other special populations. Objective 1.1: Develop and maintain high quality materials collections to meet the needs of those in the County ,Tail, the Immokalee Stockade, and the [:)rill Academy. Actions: ~/ Evaluate and inventory materials available at these sites. ¥ Fill requests of staff and inmates. Agenda No. Objective !.2: Provide regular delivery of library materials to those who are homebound or are in nursing homes. Actions: ~/ ]~mplement a volunteer program to assist staff in filling the daily requests for mail-a-book materials. Objective 1.3: Provide programming services to day care centers and summer camps. Actions: ¥ Contact any new day care centers that may have opened. ~/ Schedule class visits or staff to visit, as may be appropriate. Objective 1.4: Provide coordination for countywide literacy program. Actions: Maintain the current level of service at the Marco T~land Branch. Aid on-site coordinator, Carmen Ruiz, in expansion of the Estates Branch program. Provide technical and training support for the l:mmokalee family literacy and civics/citizenship program. Create more self-help opportunities for Golden Gate patrons to improve literacy skills, to possible include a language learning computer station. Provide a referral service for patrons at library locations without an active tutor program. ¥ Start a library literacy tutor group at East Naples, with up to ~75 active ,u,ors. Provide at least one tutor training workshop for each of our existing five partners: Literacy Council of Bonita Springs, Naples Community Hospital, Moorings Park, Bentley Village and St. Peter's Catholic Church. Provide tutor training for at least 2 new East Naples groups willing to manage their own on-site or home visit literacy programs. ~/ Create, maintain, and update a basic literacy collection for each library location. ¥ Continue promoting the literacy services of CCPL through Laubach Literacy (soon to be ProLiteracy Worldwide), Florida Literacy Coalition, READ Southwest Florida, and Florida State Library No ·/._~._D_/_ SEP 1 0 2002 Technology Action Plan Current Veer I=Y03 ¢~c)al 1_: Ensure Staff can assist the public in learning to use electronic resources. Objective 2.2: Provide staff and public computer classes. Actions: ~/ Provide weekly public orientations for the Public at Headquarters and Naples Branch Libraries. These include an introduction to electronic resources in the Reference I)epamtment. Provide at least two World Wide Web classes for the Public at each Library location annually. Provide at least one children's WEB program at each location annually. Provide a minimum of two ]:nternet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one ]~nternet or electronic resources searching class for all support staff annually. ~/ Continue classes begun with the State Librar,/River Park &rant. ~/ Add electronic records for holdings of the Agricultural Extension Services Library to CCPL database, in coordination with 5WFLKI LSTA grant. ¢~oal ~P: Provide electronic resources for the public and staff to use. Objective 2.2: Provide electronic databases, especially in full-text. Actions: ¥ Continue subscriptions to on-line services such as Electric Library, EbscoHost, Novelist, American 8usiness ~nformation, etc. Evaluate new electronic services, prioritizing and adding subscriptions as the FVO3 budget permits. Review data collection on use of electronic resources, adjusting priorities and programs accordingly. (Done quarterly, with emphasis on budget preparation in March and year-end in September.) Update printed and electronic guides to using the WEB and the commercial databases to which the Library subscribes, by January 2, 2003. No. /~,0 / _ SEP I Q 2002 ~oal 3: Ensure Staff and public have access to computers capable of searching the web and electronic resources. Objective 1.1: public. Actions: Provide computers in sufficient quantities for staff and the Provide regular maintenance to all computers. Replace computers as needed. Add wiring and new workstations as fUnds become available. Evaluate quantities of public computers and policies governing their use, such as time limits. ~:)(31 1: Ensure Staff can assist the public in learning to use electronic resources. addition to activities listed under I:Y03: Objective 1.1: Provide staff and public computer classes. Actions: Add public access terminals to facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - Z:mmokalee, and other sites as deemed appropriate. ¥ Continue weekly public orientations for the Public at Headquarters Library and at the Naples Branch. These include an introduction to electronic resources in the Reference Department. ¥ Continue one children's WEB program at each location annually. Update Library web page. Provide a minimum of two Tnternet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one ]:nternet or electronic resoUrces searching class for all support staff annually ~ Provide additional CD-ROM resources to the Young Adult and Children's bep~rtment. ~/ Continue to provide ]:LL service to patrons, through OCLC or other cooperatives, as they become available. ~/ Continue classes begun with the State £ibra~y River Park Grant. ~:)al 2: Provide electronic resources for the public and staff to use. Objective 1.1: Provide electronic databases, especially in full-text. SEp 1 0 2002 Actions: H Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done 9uarterly, with emphasis on budget preparation in March and year end in September.) Continue subscriptions to on-line services such as Electric Library, EbscoHost, Novelist, American Business :nformation, etc., as needed. ~/ Re-evaluate electronic subscriptions. H Review State Library 'Virtual Library' and adjust electronic subscriptions as needed. ~O(11 3: Ensure Staff and public have access to computers capable of searching the web and electronic resources. Objective 2.. 2.: public. Actions: Purchase computers in sufficient quantities for staff and the Provide regular maintenance to all computers. Replace computers as needed. Add wiring and new workstations as funds become available. Evaluate quantities of public computers and policies governing their use, such as time limits. Replace dumb terminals with PC workstations. Consider adding a computer lab to expansion of Golden Gate Branch Library. 1= 05: ~oal 1: Ensure Staff con assist the public in learning to use electronic resources. ]:n addition to activities listed under FY04: Objective 1.1: Provide staff and public computer classes. Actions: Add public access terminals to facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - Immokalee, and other sites as deemed appropriate. Complete installations started in FY03. Provide at least three World Wide Web classes for the Public at each Library annually. H Continue weekly public orientations for the Public at Headquarters Library and at the Naples Branch. These include an introduction to electronic resources in the Reference bepartment. ~/ Continue one children's WEB program at each location annually. I ~eena, Tt~"" H Update Library web page. I #o. ~c_~2~_ SEP 1 0 2002 /7_ ,i Consider computer lab in regional library planning. Provide a minimum of two ]:nternet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one Znternet or electronic resources searching class for all support staff annually Provide additional CD-ROM resources to the Young Adult and Children's Department. Continue classes begun with the 5tare Library River Park ~rant. Goal 2: Provide electronic resources for the public and staff to use. Objective 2.. 2.: Provide electronic databases, especially in full-text. Actions: Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done 9uarterly, with emphasis on bud£et preparation in March and year end in September.) Continue subscriptions to on-line services such as Electric Library, EbscoHost, l~lovelist, American gusiness Znformation, etc., as needed. ~/ Re-evaluate electronic subscriptions and State Library 'Virtual Library'. ~/ Add electronic records for holdings of the Law Library to CCPL database, as time permits. ~:)al 3: Ensure Staff and public have access to computers capable of searching the web and electronic resources. Objective 2.. 2.: public. Actions: Purchase computers in sufficient quantities for staff and the Provide regular maintenance to all computers. Replace computers as needed. Add wiring and new workstations as funds become available. Evaluate quantities of public computers and policies governing their use, such as time limits. Add at least one workstation to each Branch library and three workstations to Headquarters. Consider business research center at Naples Branch. No. /~- g) / EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO APPROPRIATE BUILDING MAINTENANCE SPECIAL SERVICE REVENUES TOTALING $30,000 FOR REIMBURSEMENT OF OPERATING EXPENSES IN FISCAL YEAR 2002. OBJECTIVE: To approve the attached budget amendment appropriating those revenues received for reimbursement of operating expenses incurred for building maintenance known as special services. CONSIDERATION: The Department of Facilities Management is called upon to provide services that are not exclusively for repair and maintenance. This work is titled special service and expenses are passed through for payment to the user departments. Revenues are received from various "consumer" departments as payment for materials used and services performed. When actual request for services exceed those anticipated at the time of budget preparation, additional budget authorization is needed to recognize revenue for payment of incurred expenses. These funds are already budgeted in the user departments and are merely being transferred to the Building Maintenance section cost center. FISCAL IMPACT: Revenues of $30,000 are being appropriated from reimbursement for Building Maintenance Special Services to Building Maintenance Operational Expenses (001). GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: necessary budget amendments as addressed within this summary. REVIEWED BY: APPROVED BY: That the Board of County Commissioners approves the Facilities Management Department Jo-Anne Varcoe-Leamer, CPA, Administrator Administrative Services Division Date: Date:~L' Date: AGENDA iTEl'VI no.t6- 6'--/ SEP 1 0 2002 Pg.. ,, / EXECUTIVE SUMMARY AWARD CONTRACTS # 01-3290 "FIXED TERM PROFESSIONAL ENGINEERING SERVICES" TO THE FOLLOWING FIRMS: AGNOLI, BARBER & BRUNDAGE, PITMAN HARTENSTEIN & ASSOCIATES, TBE GROUP AND JOHNSON ENGINEERING, (ESTIMATED ANNUAL AMOUNT $i ,000,000) OBJECTIVE: To receive Board approval for award of professional services contracts to the above firms order to provide professional Engineering services for multiple projects without issuing individual Requests for Proposal. CONSIDERATIONS: On June 25, 2002, the Board approved Agenda Item No. (16) (E) (2) authorizing staff to begin contract negotiations with the seven top ranked firms for professional Engineering Services for Collier County. Contract negotiations have been successfully completed by staff for four of the seven firms at this time. All four firms have agreed to a standardized fee schedule for their services, which staff believes will provide the opportunity for an equitable and fair distribution of work. The remaining contracts will be submitted for approval at a later date pending successful completion of negotiations. Following is a list of the firms (in no order): 1. Agnoli, Barber & Brundage 2. Pitman Hartenstein & Associates 3. TBE Group 4. Johnson Engineering FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user Department. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-tern growth plans. RECOMMENDATION: That the Board of County Commissioners (1) award professional services agreement to the four firms and (2) authorize the Chairman of the Board to sign the standard, County Attorney approved agreements. SUBMITTED BY: REVIEWED BY: APPROVED BY: APPROVED BY: /~~.~ Date: Ke~ey W~d', Senior Purchasing & C~oj3tract's A_gent, Purchasing Department Steve ~am~ll, ~irector ' Purchasing/General Services Department ~/ Date: Jo-Anne Varcoe-Leamer A~.~n:i~~Administrator Date: Uame'~V. uud~,, Cot~t~, Manager i - " '"" AGENDA tTEIvL.. -- No./~~ S£P 10 2002 EXECUTIVE SUMMARY AWARD RFP 02-3354 - COMPREHENSIVE ENERGY MANAGEMENT AND RETROFIT SERVICES TO SIEMENS BUILDING TECHNOLOGIES, INC. OBJECTIVE: Obtain Board's approval of Selection Committee's shortlist selection of a firm for Comprehensive Energy Management and Retrofit services for various County departments in order to conserve energy and lower costs. CONSIDERATIONS: On March 11, 2002, a Request for Proposal was issued. Notices were mailed to forty-eight (48) firms, and twelve (12) firms requested full proposal packages. Three (3) proposal responses were received by the May 17, 2002 deadline and were distributed to the Selection Committee members at a meeting on June 10, 2002. The Selection Committee met on July 24, 2002, which resulted in the following shortlist by consensus: 1. Siemens Building Technologies, Inc. 2. Encompass Electrical Technologies 3. Comfort Systems USA By consensus of the Selection Committee, the members recommend the award of a contract to Siemens Building Technologies, Inc. The Scope of Services for this RFP includes utility bills, rate, consumption and payments verification, auditing and management, analyze and recommend alternatives for power supply and methods of payments, review the facility demand charges and determine alternatives for reducing power, and establish an efficiency policy/criteria for motors and other equipment and perform benefit/cost analysis. The intent is to provide Collier County with the means to realize maximum utility savings and energy related improvements with minimum use of County capital funds by using energy savings dollars to pay for improvements. FISCAL IMPACT: Each department utilizing these contracts will issue blanket Purchase Orders as necessary from funds budgeted within each individual department. Wastewater Department has $200,000 budgeted for FY 03. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION! That the Board of County Commissioners award RFP 02-3354 Comprehensive Energy Management and Retrofit Services to the Committee's selection of Siemens Building Technologies, Inc. and authorize the Chairman to execute a standard, County Attorney approved contract. .~'~ ~) SUBMITTED BY: Lyn M,N~(J°d,' Purchasin~ Agent Pg.__ !~! REVIEWED BY: REVIEWED BY: Stephe~ Y. Car~ell, Purchasing/G'~neral Services Director ~ Date~/~ 7/~ Jo-Anne Learner, Administrative Services Administrator SEP 1 O 2{3{32 EXECUTIVE SUMMARY APPROVAL OF RFP#02-3363 TO DAVID LAWRENCE MENTAL HEALTH CENTER, INC. D.B.A. EMPLOYEE ASSISTANCE SERVICES OF SW FLORIDA FOR EMPLOYEE ASSISTANCE SERVICES, AT AN ANNUAL COST OF $28,000. OBJECTIVE: To promote the productivity of county employees through the provision of employee assistance services through the award of RFP # 02-3363 to David Lawrence Mental Health Center, Inc. CONSIDERATIONS: The Board of Commissioners has offered an Employee Assistance program to its employees and their family members since 1989. Currently, the Tax Collector, Property Appraiser, and Supervisor of Elections also participate in the program. EMS maintains a separate Employee Assistance Program that specializes in EMS-related matters. The purpose of the program is to offer counseling services to employees and their family members on various types of personal matters that can include stress issues, financial problems, and family and marital problems among others. In addition, the program provides workplace assistance to supervisory personnel and employees in the areas of drug-free workplace, conflict resolution, crisis intervention, and performance related issues. Employees who utilize this program are better able to identify and solve their problems which results in reduced absenteeism and improved productivity. It is estimated that F_AP programs save five dollars in lost productivity costs for every dollar spent on the program. In May, 2002 a selection committee was formed and a Request for Proposals was prepared and released. Twenty-one (21) invitations for proposals were sent out and of those five (5) proposals were received. The selection committee met on July 29, 2002 and scored the proposals. The final ranking was as follows: 1) David Lawrence Center/Employee Assistance Services 2) Horizon Behavioral Services 3) UniPsych Benefits, Incorporated 4) The Allen Group Inc. 5) CERIDIAN The selection committee felt that David Lawrence exhibited a proven record of providing this service at a competitive price. In addition, the local 24 hour availability of David Lawrence along with the credentials of its staff were important factors in the committee's recommendation. It is recommended that the Board enter into a two (2) year agreement for this service with the option to renew for two (2) additional one year periods. FISCAL IMPACT: The annual cost to provide this service based upon 1750 participating employees at $16 per employee is $28,000. Funds are budgeted within Fund 517, Group Life and Health for this purchase. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the selection of David Lawrence Mental Health Center, Inc. d.b.a. Employee Assistance Services of Southwest Florida for the provision of Employee Assistance Services authorizing staff to prepare a three year agreement for the Chairman's signature. PREPARED BY: .~.~~" Date: J~ff~all~er, CPCU, ARM Risk Management Director ' "~ : ~.~-~ Date: REVIEWED BY:. .~ ~ ~ '; Steve'Carnelt, Purchasing and General Sewices Director ~o-~nne Varcoe keamer, Administrative Semices Administrator EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 02.3380 "PURCHASE AND INSTALLATION OF FLOOR COVERING" TO WAYNE WILES CARPETS, INC. OBJECTIVE: To award Bid # 02-3380 Purchase and Installation of Floor Covering to Wayne Wiles Carpets, Inc. CONSIDERATIONS: On May 22, 2002, the Purchasing Department opened solicited bids for annual carpet and flooring services. One vendor responded, Wayne Wiles Carpets, Inc. The bid encompassed comprehensive carpet and floor covering services used for building maintenance and capital renovations for all of Collier County's Government buildings. Wayne Wiles Carpets, Inc. is selected as the responsive bidder. Department staff are recommending the Board award Wayne Wiles Carpets, Inc. for the purchase and installation of floor coverings (see attached bid tabulation). FISCAL IMPACT: Carpet and floor covering service expenses average between $40,000 and $200,000 annually, depending on Board approved funding. Funds are budgeted in the Facilities Management Building Maintenance (001) cost center and the 301 Capital Construction cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board award Bid # 02-3380 "Purchase and Installation of Floor Covering to Wayne Wiles Carpets, Inc." for annual carpet and floor covering services, as addressed within this summary ~. -~~~' Date: f'~J~-/~,~ Prepared By: Daniel R. Rodriguez, F~.~.e~anager The Department of Facdities Management Reviewed By: ~ The Department of Facilities Management Reviewed By: ctor~/~t~/ re Purchasing/General Services Date: Reviewed By: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division Date 5[P 1 o 2oo2 I ') 0 2o02 EXECUTIVE SUMMARY SECURE APPROVAL OF AN ASSIGNMENT OF LEASE BETWEEN OMNIPOINT HOLDINGS, INC., AND CLEARSHOT COMMUNICATIONS, INC., HAVING NO FISCAL IMPACT ON THE COUNTY. OBJECTIVE: Secure approval of an Assignment of Lease between Omnipoint Holdings, Inc., and ClearShot Communications, Inc. CONSIDERATIONS: On May 22, 2001, the Board of County Commissioners approved a Lease Agreement with Omnipoint Holdings, Inc. (Omnipoint), for the construction of a flagpole type communications tower at the Golden Gate Public Safety Complex. That tower is in place and operational. Omnipoint is proposing to transfer its interest in the tower to ClearShot Communications, Inc. (ClearShot), and pursuant to the County's Lease with Omnipoint, Omnipoint must first obtain the County's approval. The Office of the County AttOrney has reviewed and approved the attached Assignment of Lease. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Assignment of Lease between Omnipoint and ClearShot and authorize its Chairman to execute the Assignment on behalf of the County. BY: '-Michael H. Dowling, Prol~r~ l~nagement Specialist Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: ~ L.. __ DATE: Ch~,les E. Carrington, Jr., ~JWA~, ~lanager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: Facilities Management Department DATE: $£P EXECUTIVE SUMMARY Assignment of Lease Page 2 APPROVED BY. DATE: AGENDA IT.,~M .o. I~'?1 SEP 10 2002 Pi;I,., ~ ASSIGNMENT OF LEASE Lease #878 This Assignment of Lease is dated this of ,2002, by and between Omnipoint Holdings, Inc., also known as Voicestream Wireless, hereinafter referred to as "Assignor", and ClearShot Communications, Inc., hereinafter referred to as "Assignee". In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid on this day, Assignor hereby assigns all its fights, interest and obligations in that certain Lease Agreement dated May 22, 2001, by and between Assignor as Lessee and the Board of County Commissioners of Collier County, Florida, as Lessor, to Assignee. Assignee, being ClearShot Communications, Inc., does hereby agree to assume all fights, interest and obligations of Lessee under said Lease. Exhibit B-1 is attached hereto and made a part hereof this Assignment of Lease. IN WITNESS WHEREOF, the parties have executed this Assignment the date first written abovg. WITNESSES: (print or type name) ASSIGNOR: OMNIPOINT HOLDINGS, INC. Also knfi)am-~ VOICESTREAM WIRELESS BY: / ] o.O-7.~ TITLE: Director of Engineering and Operations DATE EXECUTED: (Corporate seal) WITNESSES: (SignatU~rq *, n Wlsler (print or type name) ASSIGNEE: ~ CLt~ARSHOa~~C-~TION S, ~NC. BY: ~~ DATE EXECUTED: (Corporate seal) Consented to this day of ,2002. ATTEST: DATED: DWIGHT E. BROCK, Clerk Deputy Clerk BOAP_D OF COL.m!TY COMMISSIONERS COLLIER COUNTY, FLOR]DA BY: JAMES N. COLETTA, Chairman Approved as to form and legal su.fficiency: Thomas C. Pal~ner, As~ista~t County Attorney I"' AGENDA ITEM No.,.~..~~ SEP 10 2O02 pg. ~ EXHIB IT ' A' Legal Description Ground Lease at 4741 Golden Gate Parkway Naples, Florida A portion of Block 115, Golden Gate, Unit 4, according to the Plat thereof recorded in Plat Book 5 at page 107 through 116 of the Public Records of Collier County, Florida, and more particularly described as follows: Commence at the intersection of the centerline of Golden Gate Parkway and the centerline of Coronado Parkway. Thence North 38" 54' 39° West along the centerline of Coronado Parkway a distance of 65.00 feet to a point on the Southwesterly extension of the Northwesterly Right-of-way line of Go]den Gate Parkway; thence N 51" 05' 21° E along the said extension of the Northwesterly Right-of-way line a distance of 78.00 feet to a permanent reference monument as shown on the plat thereof, the said monument being also the Point of Beginning of the Parcel herein described; thence N 51" 05' 21° E continuing along said Northwesterly Right-of-way line a distance of 75.00 feet to a point; thence N 38" 54' 39° W perpendicular to the said Northeasterly Right-of-way line, a distance of 150.00 feet to a point; thence S 51" 05' 21° West a distance of 108.74 feet to a point on the Northeasterly Right-of-way line of Coronado Parkway; thence Southeasterly along the Northeasterly Right-of-way line of said Coronado Parkway and along the arc of a circular curve concave Southwesterly having a radius of 898.17 feet and a central angle of 8" 00" 00° for a distance of 125.41 feet to a point of reverse curvature; thence Southeasterly, Easterly, Northeasterly along the arc of a circular curve having a radius of 25.00 feet and a central angle 90" 00' 00° for a distance of 39.27 feet to the Pint of Beginning. SEP 10 2OO2 Pg. ~ Exhibit B-1 GROUND LEASE CONSENT Lease Agreement ("Ground Lease") dated May 22, 2001 by and between Collier County ("Lessor") and Omnipoint Holdings, Inc., also known as Voicestream Wireless ("Lessee"), with respect to that certain real property located in Collier County, Florida, more particularly described in Exhibit A ("Property"). ClearShot Communications, Inc., hereinafter referred to as "Assignee" and Lessee, hereinafter referred to as "Assignor", have signed an agreement under which Assignee may take an assignment of the Ground Lease from Assignor. The Lease is with regard to approximately 1,600 square feet of real property for a free-standing stealth flagpole design communications tower. Lessor consents to the proposed assignment of Lessee's rights and interests under the Ground Lease to Assignee, with the understanding that this consent will be effective only if the proposed transaction closes and an assignment agreement is entered into between Assignee and Assignor. Lessor agrees to notify Assignor (VoiceStream Wireless Corporation, 3650 1315t Avenue, SE, Suite 400, Bellevue, WA 98006, Attention: David Miller, Esquire), in the event of any action by Assignee or its successors or assigns that results or could result in a default under the Ground Lease, or any attempted termination by Lessor of the Ground Lease, and to allow Assignor the same period as is set forth in the Ground Lease to cure the default. Lessor agrees to accept Assignor as the new tenant under the Ground Lease, without further consent or action, in the event any reassignment by Assignee or ~ts assignees to Assignor. In the event Assignee notifies Lessor, in writing, of its intention either to terminate or not to renew the Ground Lease for any reason prior to the expiration of the last renewal term, then unless Assignor notifies Lessor, in writing, of its election otherwise and effective Ground Lease shall automatically be deemed to come into effect without further action between Lessor, as landlord and Assignee, as tenant, on the same terms as then contained in the then current Ground Lease. IN W1TNESS WHEREOF, the parties have executed this Assignment the date first written above. ATTEST: DATED: DWIGHT E. BROCK, Clerk 'lDeputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Thomas ~2. Palr~er, Assistant County Attorney SEP 10 20O2 EXECUTIVE SUMMARy APPROVE A BUDGET AMENDMENT TRANSFERRING $505,500 FROM EMS AMBULANCE FEES AND $86,800 FROM RESERVES FOR CONTINGENCIES TO EMS PERSONAL SERVICES BUDGET TO MEET FY 02 PAYROLL EXPENSES OBJECTIVE: Board of County Commissioners approval of a budget amendment transferring funds fi.om EMS Ambulance Fees and Reserves for Contingencies to the EMS Personal Services budget in order to meet payroll obligations through the end of the current fiscal year. CONSIDERATIONS:. An unanticipated increase from the previous year of over 5,000 hours of leave time and the omitting of negotiated holiday pay for the bargaining unit has resulted in a shortage in EMS Personal Services budget. In order to fund payroll expenses thru the end of FY 02, it will be necessary to transfer funds from EMS Revenue and Reserves via a budget amendment. FISCAL IMPACT.'. $86,800 will be transferred from EMS Fund 490, Reserves for Contingencies and $505,500 fi.om Ambulance Fees, to EMS Fund 490 Personal Services for FY 02. The FY 02 budget forecast for EMS included these additional expenses and this action will have no effect on the FY 03 budget. No additional General Fund transfer is required as a result of this increase in Ambulance Fee revenue. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment transferring $86,800 from EMS Reserves for Contingencies and $505,500 fi.om Ambulance Fees to EMS Personal Services budget to meet FY 02 payroll expenses. SUBMITTED BY: t..~//( 2~c Date: Jeff P~MS Oper~ations Director APPROVED B~ Date: X'~K~nneth F. Pineau, Interim Administrator Emergency Services SEP 10 2002 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT BETWEEN COLLIER COUNTY AND DR. MARTA U. COBURN, M.D., FLORIDA DISTRICT TWENTY MEDICAL EXAMINER DBA DISTRICT TWENTY MEDICAL EXAMINER, INC. TO PROVIDE MEDICAL EXAMINER SERVICES FOR FISCAL YEAR 2003 AT A COST OF $748,500. OBJECTIVE: To have a formal agreement to provide the community with medical examiner services pursuant to Chapter 406, Florida Statutes. CONSIDERATIONS: Dr. Marta U. Coburn, M.D. was re-appointed in July, 2002 by Jeb Bush, Governor of the State of Florida, to serve as the District Twenty Medical Examiner. An agreement between Collier County and Dr. Marta U. Cobum, M.D., dba District Twenty Medical Examiner, Inc. is entered into annually to provide the County with medical examiner services. Section 406.06(3), Florida Statutes, states that the Medical Examiner shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners. Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner for professional liability insurance. The payment of this insurance is included in the Agreement as an obligation of the County and shall be in addition to the semi-monthly compensation paid to the Medical Examiner. Dr. Cobum has submitted an annual budget based on past statistics and reasonable projections of $725,000 for services and an estimate of $23,500 for professional liability insurance. These amounts have been included in the County's budget for Fiscal Year 2003. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: The cost to the County for the Agreement is $748,500. Funds have been budgeted for Fiscal Year 03 in General Fund 001, Medical Examiner Services. AGENDA ITI~ No. /6F SEP 10 2002 RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, approve the Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. for medical examiner services for Fiscal Year 2003 at a cost of $748,500. Prepared by: ~~//~J~ Date: ~'/~.~'~ Darcy Wal~n, Emergency Services v~~// Date: ,,~/~o,~ ~ Appro Ke~eth F. Pineau, Interim Emergency Services Administrator SEP 1 0 2002 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made and entered into this __ day of ,2002, by and between Matra U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District Twenty Medical Examiner, a Florida Corporation, hereinafter called "Medical Examiner" and the Board of County Commissioners of Collier County, Florida, hereinafter called "County". WHEREAS, Dr. Marta U. Coburn was re-appointed Florida District Twenty Medical Examiner for Collier County, Florida, on July 2, 2002, by Jeb Bush, Governor of the State of Florida; and WHEREAS, Section 406.06(2), Florida Statutes, provides that the District Medical Examiner may appoint Associate Medical Examiner(s) to provide medical examiner services at all times and all places within the district and that said Associate Medical Examiner(s) shall serve at the pleasure of the District Medical Examiner; and WHEREAS, Section 406.06(3), Florida Statutes, states that District Medical Examiner(s) and Associate Medical Examiner(s) shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; and WHEREAS, Section 406.08(1), Florida Statutes, provides that fees, salaries and expenses for the Medical Examiner's office may be paid from the general funds or any other funds under the control of the Board of County Commissioners and that the District Medical Examiner shall submit an annual budget to the Board of County Commissioners; and WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory facilities utilized by the District Medical Examiner or Associate Medical Examiner(s) may be provided on a permanent or contractual basis by the counties within the district; and WHEREAS, Collier County desires to contract with Marta U. Coburn, M.D., Florida District Twenty Medical Examiner, doing business as District Twenty Medical SEP ! 0 2OO2 Po. Florida Corporation, to provide medical examiner services under Chapter 406, Florida Statutes, as an independent contractor. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and provisions contained herein, the parties do hereby agree as follows: SECTION I TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2002, through September 30, 2003. SECTION II PURPOSE AND SCOPE OF CONTRACTUAL SERVICES The Medical Examiner hereby agrees to furnish services, labor and all equipment not otherwise provided for, necessary for the complete performance of the services contemplated hereunder, to wit: to serve as Florida District Twenty Medical Examiner for Collier County, Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the Florida Medical Examiner's Commission. SECTION III COMPENSATION AND PAYMENTS A. The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 2002, the amount of $30,208.33 semimonthly through September 30, 2003. B. Payments from the County to the Medical Examiner of the Compensation set forth in paragraph 3 "A" shall be made on the 15th and 30th days of each month. If the 15th or 30th of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day. It is expressly understood that each semimonthly payment shall be made for the services furnished for the preceding period of time. As a condition of said semimonthly payment by the County, the Medical Examiner shall be in full compliance with Section VII of this Agreement regarding reports. C. The Medical Examiner agrees and understands that under the terms of this Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s) must be maintained in order to perform the Medical Examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. SEP ! 0 2O02 Pg. ]L~ D. The County agrees and understands that the compensation provided for under this Agreement to the Medical Examiner is intended to cover the anticipated normal activities/workload of the Medical Examiner, based upon past statistics and reasonable projections. The County acknowledges and agrees that the semimonthly compensation of the Medical Examiner set forth in Section III of this Agreement has been established without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or occurrences, the Medical Examiner shall consult with and shall seek, but not necessarily obtain, the approval of the Collier County Emergency Management Director or his/her designee, for any such expenditures. The Medical Examiner shall in all events retain the right to and shall then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordinary expenses and compensation which are justified and incurred by the Medical Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices and receipts in an itemized manner to support the petition to the Board of County Commissioners for extraordinary compensation and expenditures. Examples of extraordinary disasters or occurrences include, but are not limited to, aircraft, bus and boat accidents where a simultaneous large loss of life has occurred, hurricanes and other natural disasters, and any other disasters or occun'ences caused by nature or human beings where a large loss of life is experienced. Upon petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with the recommendation of the Collier County Emergency Management Director, the Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinary compensation and/or expenditures shall be paid to the Medical Examiner. SECTION IV FACILITIES AND EQUIPMENT A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and insure, at no cost to the Medical Examiner, a facility and all medical-laboratory related equipment reasonably required by the Medical Examiner to perform the duties as District 3 AGF~D,a~I"?EM SEP 11} 2002 Medical Examiner. All costs associated with maintaining the facility and its area landscaping will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility. B. All capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through, the County as County property. The procurement of said equipment shall be approved by the Collier County Emergency Management Director in accordance with the Collier County Purchasing Policy, upon submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees to include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agreement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees, and costs encumbered in the course of the Medical Examiner's office's operation. SECTION V PROFESSIONAL LIABILITY INSURANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner for professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section III of this Agreement. As a condition precedent to the County paying for the Medical Examiner's professional liability insurance, the Medical Examiner shall present to the County an invoice evidencing the purchase by the Medical Examiner of said insurance coverage. SECTION VI USE OF FACILITIES AND EQUIPMENT BY THE MEDICAL EXAMINER FOR HUMANITARIAN AND/OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any '- li .t SEP 1 0 2OO2 P~I.. ~ acts of the Medical Examiner not within the scope of the official duties performed for Collier County. The performance by the Medical Examiner of humanitarian and/or charitable services under this paragraph shall not be considered part of the official duties of the Medical Examiner. SECTION VII REPORTS The Medical Examiner agrees to provide to the County a quarterly report which shall include, minimally the following: A. Number of all investigations and narrative reports for non-autopsy medical examiner cases; Chapter 406, Florida Statutes. The Medical Examiner shall have complete superv 5 B. Number of all autopsies performed; C. Court cases and medical/legal conferences, number and hours spent; D. Number of authorizations for all cremations and burials at sea and anatomical dissections; E. Number of hours of scene investigations; F. Any other activities not described above; G. The activity report shall be submitted by the 10th day of the following month to the County's Emergency Management Director. SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties that under this Agreement the Medical Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner shall be solely responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fringe benefits from the County. B. The Medical Examiner shall be respons!ble for employing and providing by separate Agreement, independent of the County, all personnel or other services necessary for the performance of the duties and responsibilities under this Agreement and in accordance with [sion and SEP 10 2002 control over said employees who shall not be entitled, as a result of this Agreement, to any benefits granted employees of the County. C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner that are not within the scope of the official duties as Medical Examiner. SECTION IX NO PARTNERSHIP Nothing contained in this Agreement shall create or be construed as creating a partnership between the County and the Medical Examiner. SECTION X NO DISCRIMINATION The Medical Examiner agrees that there shall be no discrimination as to race, sex, color, creed or national origin at any County facilities provided under this Agreement and with regard to the provision of the services of the Medical Examiner contemplated by this Agreement. SECTION XI COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN COLLIER COUNTY CRIMINAL PROCEEDINGS In addition to the compensation provided for in Section III of this Agreement from the County to the Medical Examiner, the Medical Examiner shall be paid by the County for expert testimony relating to Medical Examiner services performed in criminal cases pending in the Collier County courts. Expert testimony furnished by the Medical Examiner shall be compensated at a rate of $200.00 per hour and shall be paid upon the presentation of a motion for payment of said expert witness fee from the state attorney, public defender or court-appointed counsel. SECTION XII NOTICES All notices from the County to the Medical Examiner shall be deemed duly served if mailed by registered or certified mail to the Medical Examiner at the following address: Office of the Medical Examiner 3838 Domestic Avenue, Naples, FL 34104 All notices from the Medical Examiner to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Collier County Emergency Management Director 3301 East Tamiami Trail Naples, Florida 34112 under this Agreement is considered as payment of this obligation by the County. does not pertain to any incident arising from the sole negligence of Collier County. '7 The County and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within 15 days of said mailing address change. All notices under this Agreement must be in writing. SECTION XIII NO IMPROPER USE The Medical Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Medical Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenty-four hours after receiving notice of such violation, such suspension shall continue until the violation is cured. SECTION XIV INDEMNIFICATION The Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agencies and employees from all suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out of, or incidental to, the performance of this Agreement or services performed thereunder. The Medical Examiner's obligation pursuant to this provision shall not be limited in any way by the agreed-upon compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. The first ten dollars of compensation received by the Medical Examiner This section AGE~DA ITEM '-'~1 SECTION XV TERMINATION AND CONTINUITY OF SERVICES A. This Agreement may be terminated by either party upon ninety days written notice to the other party by Registered Mail, return receipt requested. The parties shall deal with each other in good faith during the ninety-day period after any notice of any intent to terminate has been given. Either party may terminate this Agreement immediately for reasonable cause, upon written notice to the other. Reasonable cause shall include but not be limited to: (1) Material violation(s) of this Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida Medical Examiner District 20; (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated and/or prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance of the duties of the Medical Examiner under this Agreement. B. In the event of a termination of this Agreement by the County, the County shall only be required to pay such compensation to the Medical Examiner as she may be entitled to for services performed until the time of termination. SECTION XVI AMENDMENTS This Agreement may be modified by amendment at any time provided that such amendment is in writing and signed by both parties. AGENDA IT~EM "°' SEP 10 2002 SECTION XVII ATTORNEY FEES In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to recoup attorney fees and all costs of litigation fi.om the non-prevailing party at both trial and all appellate levels. iN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day fn'st above written. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James M. Coletta, Chairman Date: (SEAL) Typed or Printed Name ~ar~a U. ~"-oburn, M.D. ' Medical Examiner Florida District Twenty Second Witness Typed or Printed Name Approved as to form and legal sufficiency: ~ssis ~t~t County Att2mey SEP lO Executive summaries in Boards Absence Summer Recess 2002 July 31,2002 - September 10, 2002 Executive Summary Item #16 (G) 1 - September 10, 2002 Approval of Budget Amendment #02-443 - Transportation Services. (Budget Dept.) Award Work Order VC-02-01 to Varian Construction Company for the construction of Gulf Shore Beach Access. (Public Services) Approve the Home Care for the Elderly Continuation Grant and authorize the Chairman to sign the Contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida in the amount of $89,586. (Public Services) Approve the Community Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida in the amount of $614,132. (Public Services) Approve the Alzheimer's Disease Initiative Continuation Grant and authorize the Chairman to sign the Contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida in the amount of $101,546. (Public Services) Approve Work Order #ME-FT-02-4 in the amount of $114,966 for Water System Vulnerability Assessment at Collier County Water Facilities. (Public Utilities) Approval of Budget Amendment #02-463 - Immokalee Redevelopment Area (Fund 186). (Budget Dept.) Approve a limitation on through truck traffic on Thirteenth Street SW in Golden Gate Estates at a cost of $200. (Transportation Department) : SEP ! 8 2002 Executive Summaries in Boards Absence Summer Recess 2002 July 31, 2002 - September 10, 2002 Executive Summary Item #16 (G) 1 - September 10, 2002 Page 2 10. Award Bid #02-3401 in the amount of $45,303 to Asphaltech Inc., for parking lot seal coating and restriping at six park locations. (Public Services) Waive the requirement for competition and authorize Public Resource Management Group, Inc. (PRMG) to conduct rate studies in the approximate amount of $60,000; and approve necessary Budget Amendments. (Public Utilities) 11. Award contracts to supply reverse osmosis membranes to the South County Regional Water Treatment Plant 8-MGD Reverse Osmosis Expansion and County Water Plants; Bid 02-3400. (Public Utilities) 12. Approve a Budget Amendment to transfer $73,000.00 from Gas Tax Reserves to "fast track" the survey portion of the four-lane design improvement to Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road, Project No. 65061. (Transportation) 13. Grant approved for $92,028 to restore Roberts Ranch Main House. (Public Services) 14. Approve a Budget Amendment in the Motor Pool Capital Recovery Fund (522) to recognize insurance revenues for current year reimbursements in the amount of $17,900. (Administrative Services) SEP 10 ~ [ APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/10/02) Capital Data Processing Equipment Reserves Reserve for Contingencies Total Transportation Services (Fund 101) Budget Amendment 002-443 $1,295 ($1,295) -0- Explanation: Funds are needed to replace an old computer that was not a part of the computer replacement program. Computer keeps crashing. AGENDA ITEM No. j/ SEP 1 0 lOO2 EXECUTIVE SUMMARY AWARD WORK ORDER VC-02-01 TO VARIAN CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF GULF SHORE BEACH ACCESS. Objective: Utilizing the general contractor services contract 02-3349, approve Work Order VC-02-01 with the recommended bidder, Varian Construction Company, for the construction of the Gulf Shore Beach Access. Consideration: On July 11, 2002 staff sent a request for bids, to the five contractors currently on the County's General Contractor Services Contract, for the Beach Access project. This project includes the construction of a sidewalk, retaining wall, landscaping, irrigation and sitework. Written quotes for this project were solicited of the five Contractors on the County's General Contractors Service Contract, by the Parks and Recreation Department, and were received on August 2, 2002. Staff has reviewed the quotes received and recommends award to Varian Construction Company as the lowest, qualified and responsive general contractor that can meet the required time frame. Three quotes were received and are as follows: Varian Construction $102,930.00 Professional Building Systems $105,685.00 Surety Construction $114,020.00 Fiscal Impact: Funds are budgeted in Tourism Development Fund, Gulf Shore Beach Access project. Growth Management: The value of this facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners award work order VC-02-01 to Varian Construction Company in the amount of $102,930.00. J~sep~"F. Delate, ASLA; Project Manager Department of Parks and Recreation Reviewed and ~/~~ Approved by: ~'/~'/~ Date: l~a~'la Ramsey, Director / Department of Parks and Recreation Prepared by: Reviewed and Approved by: Reviewed and Approved by: Steve ~a{nell, Direct~o/r Department of Purchasing Joh un-u, Divltlon of Public Services Date:~ Date: A~NDA ITeL SEP 1 0 2002 Date: ~' [~/0/.- WORK ORDER # VC-02-01 "General Contractor's Services" Contract #02-3349, Dated June 11, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Gulf Shore Beach Access Project The work is specified in the proposal dated July 30, 2002 from Varian Construction Company which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order #VC-02-01 is assigned to Varian Construction Company. Scope of Work: Contractor to supply labor and material for the following: all items as specified in drawings from McGee and Associates dated 12/2001 and revised 6/6/2002, allowance of five truckloads of fill for behind new wall, removal of wood deck and handrail to the shower tower area, removal of the rip-rap to the street for owner pick-up, obtain right-of-way permit from City of Naples, stucco and paint north wall, and move walkway so not to interfere with the wood fence. Additionally, Alternate #1 is included, which entails removal of concrete walkway and replacement with brick pavers from curb cut to new beach walkway. Schedule of Work: Complete within 90 days after receiving Purchase Order. Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Fee for Task I: $ 98,080.00 Alternate #1 $ 4,850.00 Total $102,930.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Joae~F. De~at~, ASLA, Pr~'~ect Manager REVIEWED BY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:, Date: Deputy Clerk By: James N. Coletta, ChairlBan ATTEST: (Corporate Secretary) By: Typed Name and Title (or) Wimesses (2) Signature~/ (Print Name) VARIAN CONDUCTION COMPANY William J. Varian, President - gignature ~' ~Print Name) Approved as to form and legal sufficiency Roan - Assistant County Attorney · FROM : WM J UARIAN NO. :g41~5~7~92 30 2002 05:llAM P1 TEL. 239-775-1178 FAX 239-732-0820 COC 061412 CCC 057950 , J. VARI CONSTRUCTION CO. ! GENERAL CONTRACTOR I 1400 BLUEPOINT AVE. #102 , NAPLF. S FI,. 34102 2OO2 Mr. Clint L. ?erryman, G.C. Project Manager Collier Par]~ ~ Ree 3300 Santa Barbara Blvd. Naples FI 34116 Re: Gu~hore Bird N. beach access Cllnt we are pleased to submit the following bid for the work at the above location based on the drawing~ received from McGee & Associates dated 12/01 and revised 6/6/02. Included in our bid is an allowance of (5) truckloads of 611 for behind new wall, removal of the wood de=k and handrail to the shower tower area, removal of the rip rnp to the street for owner to pick up, obtain ROW permit from City of Naples, stucco and paint north wall ending at edge of top curve and at edge face of both ends, (No denning of below grade slop included and/or cut out and repair of erac~ as pointed out in pre-bid), and we will move walkway as to not interfere with wood fence at beach side per discussion. BASE BID: NINTY EIGHT THOUSAND EIGHTY DOLLARS AND 00/100 ($98,080.00) ALT#l: remove concrete walk'way and replace with brick pave~ from curb mt to new bench walk ADD TO BASE BID FOUR THOUSAND EIGHT HUND~D FIFFY DOLLARS AND OOfI00--($4,S .OO) -- -- --'--'~'ost-it' Fax Note EXECUTIVE SUMMARY APPROVE THE HOME CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA IN THE AMOUNT OF $89,586 OBJECTIVE: The execution of this contract is necessa~ for uninterrupted support services to Services for Semors' frail, elderly clients. CONSIDERATIONS: For the past 6 1/2 years, Collier County Services for Seniors has been providing m-home support services to Collier County's frail elderly through this state funded program. This continuation grant m the amount of $89,586 for the period July 1, 2002 through September 30, 2003 will provide m-home support services through the encouragement and management of family-type living arrangements m private homes as an alternative to costly and permanent nursing home care. The majority of these clients would be unable to remain m their homes without this help. The grant requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation~ FISCAL IMPACT: The total grant amount of $89,586 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. dfo/a Senior Solutions of Southwest Florida. Of the total grant award, $6,069 will require a budget amendment to recognize the direct funding portion to the County for administration and case management. The remaining $83,517 will be retained by Senior Solutions who contracts with service providers to pay for direct services authorized by Collier County Services for Seniors. This grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Home Care for the Elderly grant and authorize the Chairman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the County Attorney. Prepared By: Reviewed and Approved by: Reviewed and Approved by: ~ ' '¢es Jo~~rograra Servl ~~lli~¢es Director Jo~l~ Dunnuck, Public Services Administrator Date: Date: SEP 1 I} 2l}0 EXECUTIVE SUMMARY APPROVE THE COMMUNITY CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. DfB/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA IN THE AMOUNT OF $614,132 OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' flail, elderly clients. CONSIDERATIONS: For the past 27 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $614,132 for the period July 1, 2002 through September 30, 2003 will allow the delivery of homemaking services, personal care services, respite care, medical transportation and case management services to the County's frail elderly preventing premature and costly institutional placement. The majority of these clients would be unable to remain in their homes without this help. The County's cash matching funds for this grant will be $64,900 that was approved in the County's FY 01/02 budget. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $614,132 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. ctfo/a Senior Solutions of Southwest Florida. Of the total grant award, $204,523 will require a budget amendment to recognize the direct funding portion to the county for administration and case management. The remaining $409,609 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total of $64,900 in local cash matching funds was approved in the FY 01/02 budget. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Community Care for the Elderly grant and authorize the Chairman to sign the contract and approve the necessa_a...~.udget amendment. The contract has been reviewed and approved by Prepared By: ,_~.-:~,/~t,/ Z~'~..-~ ~,.~"~(4~ Date: JohFFe~l~ Manager Senior Program Services Reviewed and L,,~_ ~ ~, / - ~ Appr°ved bY= ..~ ~ _~/~ Date= Bn 'ry.Williams, Social Servig~s Director Approved by: - IA/I. I ~)~/Ytn~ .~.. Date: J~ n Dunnuck, Public Services Administrator '" SEP ! 0 2002 EXECUTIVE SUMMARY APPROVE THE ALZHEIMER'S DISEASE INITIATIVE CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. DfB/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA IN THE AMOUNT OF $101,546 OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 11 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $101,546 for the period July 1, 2002 through September 30, 2003 will allow for the delivery of respite care and case management services to the County's frail elderly preventing premature and costly institutional placement. This grant enables victims of Alzheimer's disease to remain in their homes with help. The grant requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $101,546 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida. Of the total grant award, $544 will require a budget amendment to recognize the direct funding portion to the county for administration and case management. The remaining $101,002 will be retained by the Area Agency on Aging who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. This grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Alzheimer's Disease Initiative grant and authorize the Chairman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the County Att~ ~/ J~hn_~rrell, Mana~r Senior Program Services Approved by: ~ t~'ry ~)Lilli,~s, Social Services Director Reviewed nnd Ah. ')~~:~ Approved by: & ~n Dunnuck, Public Services Administrator Date: Date: Date: SEP 1 I] EXECUTIVE SUMMARY APPROVE WORK ORDER #ME-FT-02-4 IN THE AMOUNT OF $114,966 FOR WATER SYSTEM VULNERABILITY ASSESSMENT AT COLLIER COUNTY WATER FACILITIES. OBJECTIVE: To assess the vulnerability of Collier County's water system to terrorist attacks. CONSIDERATIONS: Following the events of September I1, 2001 the United States Environmental Protection Agency (USEPA) received a supplemental appropriation to improve the safety and security of the Nation's water supply. The funding is intended to reduce the vulnerability of water utilities to terrorists attacks and to enhance their security and ability to respond to emergency situations. The USEPA solicited grant applications to encourage and assist large, publicly- owned drinking water systems to perform vulnerability assessments of their facilities. The USEPA's objective is to help make drinking water systems across the United States as safe as possible within the shortest possible time frame. All grant applications from public water utilities that serve populations over 100,000 were considered for award. Metcalf& Eddy, Inc. prepared and submitted a grant application dated April 26, 2002 on behalf of Collier County for $114,966. This amount is for professional engineering services to provide the vulnerability assessment. Collier County received a Vulnerability Assessment grant award of $114,966 from the USEPA dated June 27, 2002. The grant agreement (see attached work order) was executed on July 26, 2002 and mailed back to the USEPA. The Grant Assistance identification number is HS-8320501-0. The work has to be completed by December 31, 2002. A work order to provide the vulnerability assessment for $114,966 has been prepared with Metcalf & Eddy as Work Order #ME-FT-02-4, copy attached. FISCAL IMPACT: No funds are currently budgeted by the Water Department for this Water System Vulnerability Assessment study. This is a new project and has been assigned as Project Number 70170. A budget amendment is required to transfer funds from Project 70074 to Project 70170 in the amount of $114,966. Source of funds is Fund 412 - Water User Fees. This amount will be reimbursed to the County by the USEPA when the work is completed. SEP 1 0 2002 Executive Summary Water System Vulnerability Assessment, Work Order #ME-Fr-02-4 Page 2 of 2 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve the Vulnerability Assessment Work Order #ME-FT-02-4 with Metcalf & Eddy, Inc., and authorize the Public Utilities Engineering Director to execute the work order, and approve the necessary budget amendment. PREPARED BY: REVIEWED BY: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department Pa~l Mattausch, P.E., Water Director Public Utilities Division D A T E: D~/~02~ REVIEWED BY: , L'~y Roy B. Anderson, P.E., Director Public Utilities Engineering Department /~'"'-'f'a~es W. DeLony, P.E/, Administrator blic Utilities Division DATE: WORK ORDER # ME-FT-02-4 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Water System Vulnerability Assessment Thc work is specified in the proposal dated July 24.2002, 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 #ME-FT-02-4 is assigned to Metcalf & Eddy, Inc. Scope of Work: All Tasks - Investigative Activities and Vulnerability Assessment. Tasks shall be conducted as indicated in the attached Mctc~if & Eddy, Inc. proposal letter dated July 24, 2002 with the detailed description of the tasks and meet all the requirements of USEPA Grant Agreement I.D. Number HS-83020501-0 dated June 27, 2002. Schedule of Work; Complete all tasks by December 31, 2002 within the project period (July 1, 2002 to December 31, 2002) defined in the attached USEPA Grant Agreement I.D. Number HS-83020501-0 dated June 27, 2002. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material 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). All Tasks $114,966 (lump sum) TOTAL FEE $114,966 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: REVIEWED BY: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department ?~ul Mattausch, Water Director Public Utilities Division L Date APPROVED BY: Roy B. Anderson, P.E., Director Public Utilities Engineering Department Date ACCEPTED BY: ATTEST: Roberto S. Ortiz, Vice President Type Name and Title MVT:mvt Project 70170 - Water System Vulnerability Assessment By: Date: G 0~ ' Met¢~lf & Eddy, Inc. Name of Firm Mark Blanch~e President Metcalf & Eddy July 24, 2002 Mohan Thampi, P.E. Project Manager, Engineering Department Public Utilities Division Collier County Government Center 3301 East Tamiami Trail, Building H Naples, Florida 34112 Subject: Engineering Services Proposal for Collier County Water System Vulnerability Assessment Dear Mr. Thampi: Metcalf& Eddy, Inc. (M&E) is pleased to provide this proposal to perform a Vulnerability Assessment (VA) of the Collier County water system (County). The proposed work will be conducted based on the Risk Assessment Methodology for Water Utilities developed at Sandia National Laboratories, to meet the requirements of the American Water Works Association Research Foundation (AWWARF) and the United States Environmental Protection Agency (EPA). The Sandia Methodology addresses the various tasks and subtasks identified in the grant application submitted to the EPA to obtain funding for this work, and is likely to become the standard for the water works industry. Project background, scope of work, deliverables, schedule, fee, and assumptions are provided in sequence below. 1.0 PROJECT BACKGROUND Following the events of September 11, 2001 the EPA received a supplemental appropriation to improve the safety and security of the Nation's water supply. The funding is intended to reduce the vulnerability of water utilities to terrorists attacks and to enhance their security and ability to respond to emergency situations. ' The EPA solicited grant applications to encourage and asSiSt large, publicly-owned drinking water systems to perform VAS of their facilities. The EPA's objective is to help make drinking water systems across the United States as safe as possible within the shortest possible time frame. At this time, all grant applications from public water utilities that serve populations over 100,000 are being considered for award. 3740 Executive Way, Miramar, Florida 33025 Phone 954.-450-7770 Fax 954-450-5100 SEP 1 0 2002 PG. ~ The application requirements were as follows: · The grant application was due to EPA by April 29, 2002 · No cost sharing by the County will be required · The value of the grant will not exceed $115,000 · Completion of the VA is required within six (6) months of grant award or by the end of the calendar year, whichever is later M&E prepared and submitted a grant application dated April 26, 2002 on behalf of Collier County, and at this time the County has received the VA study grant award of $114,966 from the USEPA dated June 27, 2002 (see attached). The Grant Assistance I.D. number is HS-8320501-0. 2.0 SCOPE OF WORK The County has proposed to conduct a VA, evaluate various levels of security enhancements, and assess alternatives for implementation of cost effective security improvements and/or consequence mitigation measures for the water system. The overall approach to the VA is as follows. · Planning. Review the County's overall water utility mission and develop and evaluate critical mission objectives. Mission objectives are then ranked and used to prioritize the County's facilities. · Threat assessment. Identify what and who the County is protecting against. · Facility characterization. Identify the critical assets in the prioritized facilities. Create a consequence table that allows the most critical assets to be identified. · System effectiveness evaluation. Develop an adversary strategy and derive a worst-case scenario to evaluate the current system of asset protection. · Risk management. Calculate the current level of risk, and if the risk is considered too high, propose measures to reduce the risk. The calculated risk level varies in direct proportion to the probability of attack and the consequences of an attack, and in inverse proportion to the effectiveness of existing asset protection systems. Since the County cannot control the probability of attack, it will ultimately focus its efforts on the factors it can control - the effectiveness of protection systems, and the mitigation of consequences. Each phase of the work is outlined in further detail below. It is emphasized that the process must be conducted in a highly sequential manner, since the later phases cannot be properly performed unless prior phases have been completed and consensus developed with respect to findings. Moreover, the active and sustained participation on the County side of both "decision-makers" such as utility directors, and "subject matter experts" such as key operations and maintenance staff, is essential to the process. As evident from the outline provided above, such individuals are needed as part of the Project Team to prioritize and decide key issues involving the mission and assets of the water utility. Prior to initiating the first phase of the project, the list of Project Team participants from the County will need to be defined. ._~~(~ Collier County Water System Vulnerability Assessment fi\water vulnerability study~m&e work order~colliervascope.doc, 8/9/2002 SEP I 0 2002 2.1 Phase 1 - Planning Planning is the first phase in the VA process, and will include the following subtasks. 2.1.1 Define mission objectives The first part of planning is to understand the County's overall water utility mission and mission objectives. For example, a prioritized list of mission objectives may be to maintain adequate pressureforfire protection and other public safety uses, maintain adequate volumetric water supply, maintain reasonable costs for water supply, serve critical customers such as hospitals, and maintain potable-quality water. 2.1.2 Define and rank criteria Based on the mission objectives, criteria will be defined such as capacity, geographic extent, critical customers, and quality. The criteria will then be ranked using a process of pair-wise comparison. 2.1.3 Rank facilities The County's water utility facilities will then be ranked using the criteria from the previous subtask, and the result will be a facility that will stand out as most important when all mission areas are considered. 2.1.4 Prepare Summary Memorandum No. 1 The product of this subtask will be a concise memorandum to summarize the work conducted under the planning phase. This memorandum will address the team selection and the agreed-upon mission objectives, prioritized criteria, and prioritized facilities. The memorandum will also identify the facilities selected for subsequent analysis under this scope of work. 2.1.5 Planning phase approach and importance The prioritized mission objectives, prioritized criteria, and facility ranking will be defined through a full-day, workshop-type meeting involving senior management from the County's water utility. M&E will suggest the type of attendees who may be needed, and will also provide review materials to attendees before this meeting to allow advance consideration of the issues and thereby facilitate productive use of the limited workshop time. A introductory overview of the VA process will also be provided at this first workshop. Since the EPA grant funding may not allow subsequent analysis of every facility, M&E's subsequent efforts under this scope of work will be focused on representative facilities Colli*r County - Water System Vulnerability Assessment p:x~n~ineering\vulr~rabi~iWasa~a~ents\c~i¢r~unty~w~rk~rderfr~mmt~c~i~rva~c~p¢.d~c~ 7/30/2002 flor"_'2.'. '.T£~ ,o._ SEP 10 00 - selected from the prioritized list of facilities. The planning phase will result in the selection of representative facilities for detailed analysis. 2.2 Phase 2 - Threat assessment Threat assessment is the second phase in the VA process, and will include the following subtasks. 2.2.1 Define design basis threat The design basis threat (DBT) is the portion of the threat spectrum that the water utility will try to protect against. The DBT must be considered and defined by management before a detailed assessment is initiated, to avoid time and resources being wasted on the collection of data not useful for the analysis. The subsequent subtasks of the VA rely heavily on the clear definition of the DBT. For example, the consequences of an event, and the assessment of effectiveness for the existing asset protection systems, depend on the capabilities that are assigned to an adversary. The likelihood of attack is also evaluated based on the DBT. Examples of a DBT include both outsiders (demonstrators, activists, extremists, terrorists, criminals, and computer hackers) and insiders (disgruntled employees, psychotics, criminals, and terrorists). The different categories of DBT are likely to use different approaches, have different levels of knowledge concerning the utility's systems and operations, and have different objectives. While the process of discussing and evaluating the various DBTs is valuable to the utility, M&E assumes that the County's primary reason for conducting the VA is to assess vulnerabilities to a possible terrorist threat. Accordingly, this proposed scope of work allocates only a limited amount of time to the process of defining the DBT. This process will include a review and discussion of the various classes of DBT and the different attributes ("attributes" include probable number of adversaries, tactics, weapons, technical skills and knowledge, financial resources, potential for collusion with an insider, and so on), but will then focus on the DBT involving a terrorist adversary. It should also be noted that, while the characterizations of selected representative facilities will focus on the DBT of a terrorist adversary, the ultimate findings in the areas of asset protection and consequence mitigation may have value for lesser types of DBTs as well. 2.2.2 Evaluate probability of attack While the Sandia methodology can involve a detailed assessment concerning the probability of attack, M&E assumes that the County does not wish to discriminate on this basis. While law enforcement agencies, intelligence agencies, and other sources may be SEP 102002- Collier County - Watar Syatem Vulnerability Ass~sament p:~-n gineerin g\vulnerabilitya.n~s.nme~colliercou nty~workordeffrommt~eoilierva~e, doc, 7/30/2002 able to provide specific indications concerning the probability of attack, the process of assigning probability is still a highly uncertain exercise. A simplifying assumption in this case is to assume that an attack will occur at some time, and then proceed with the process of facility characterization. It is important to note that this assumption affects only the absolute level of risk that is ultimately calculated, and not the relative levels of risk among various critical assets. Given that the County has committed itself to assessing vulnerabilities and risk, it is the relative risk levels that have importance, since these relative levels will guide decisions concerning asset protection and consequence mitigation measures. 2.2.3 Prepare Summary Memorandum No. 2 The product of this subtask will be a concise memorandum to summarize the work conducted and provide details concerning the nature of the DBT to be considered during subsequent phases of the project. 2.2.4 DBT phase approach and importance While it is assumed that lhe DBT will be the terrorist adversary as noted above, M&E will provide review materials to County participants concerning the various classes of DBT and the corresponding attributes. The EPA grant funding will not allow detailed analysis of facilities and assets for every class of DBT, and accordingly M&E's subsequent efforts under this scope of work will be focused on the terrorist adversary as a DBT. However, a more general evaluation of other classes of DBT will be provided in the project deliverable. Similarly, M&E will provide review materials to County participants concerning the probability of attack. Subsequent analysis, however, will focus on relative risk levels, and attack probability will not be used as a discriminating factor. 2.3 Phase 3 - Facility characterization Facility characterization is the third phase in the VA process, and will include the following subtasks. 2.3.1 Identify critical assets Once the important facilities have been identified, and the DBT defined, the next step involves ident~g the critical assets in each facility selected for evaluation. Critical assets are those which, alone or in combination with other assets, could be targeted to cause the most serious consequences. Examples of critical assets could include such assets as pipeline and pumping facilities, control systems, quality of source or treated water, and key personnel. Site specific fault trees will be developed to include the important mission objectives, and related critical assets for each facility. ..~--~.[y-,~ Collier County - Water System Vulnerability Assessment p:xengineeringxvulnerabi~ityasse~-nnen~a\c~ierc~unty\w~rk~rd~Fm:nmm~ierva~c~pe.d~c~ 7/30/2002 SEP I 200Z This subtask requires detailed knowledge concerning the equipment and operation of the specific facility being evaluated, and the participation of knowledgeable personnel from the County ("subject matter experts") will be very important to the process at this stage. The Project Team will need to define the scope of the analysis at each facility, with respect to such items as electrical power, SCAD& and piping systems. System process diagrams will be developed to understand single points of failure, the interrelationship of the different processes, and the relationship of the SCADA system. It will also be important to understand how a process problem can be overcome by making operational changes to reduce a possible consequence. This subtask will require a full-day, workshop-type meeting involving selected knowledgeable personnel from the County's water utility. M&E will provide review materials to attendees before this meeting, and request certain materials such as facility site plans and process flow schematics to be made available at the workshop by attendees from the utility. This type of advance preparation will allow a more complete consideration of the issues and facilitate productive use of the limited workshop time. 2.3.2 Rank critical assets by consequence of loss Critical assets are then ranked according to the consequences that could occur if an adversary is successful in attacking them. Examples of consequence include economic loss, duration of loss, loss of fire protection, number of users impacted, illnesses, and deaths. This process allows the critical assets to be ordered on the basis of consequence value, so that subsequent analysis focuses on the most important assets first. It is anticipated that this subtask will require a full-day, workshop-type meeting involving selected knowledgeable personnel from the County. M&E will provide review materials to attendees before this meeting, and request certain facility and operational information to be made available in advance of the workshop by attendees from the County. This type of advance preparation will allow a more complete consideration of the issues and facilitate productive use of the limited workshop time. 2.3.3 Evaluate existing physical protection systems Existing security systems must be understood so that the subsequent phase of the analysis can properly evaluate the effectiveness of existing systems with respect to the DBT defined for the VA process. An effective security system will feature elements of detection (door sensors, cameras, access control), delay ( fences, walls, doors), and response (guards, local law enforcement). This subtask will require interviews with knowledgeable personnel, visits to the facilities themselves to perform visual assessment of the security features separating facility boundaries from critical assets, and review of documentation with respect to policies and Collier County - Water Syst~ Vutnmtbility Assessment p :~ngin~a'ing~vu ha~n'abilityassmsments~olli~n:o umy\workorderfronunt~eolli~n'va.sool~, doc, 7/30/2002 [ $£P 1 0 2002- procedures for security personnel and access by visitors and contractors. Design and operational data for existing security systems, security plans, and emergency response plans will also be reviewed. Information will be collected and recorded on checklists, site plans, and schematics. Photographs will be taken for the purpose of recording observations made in the field. Field evaluation will include, as applicable for the selected representative facilities, existing perimeter barriers such as fences, doors, and building walls; detection equipment such as alarms and cameras; traffic circulation, access points, signage, and parking locations; utility routes and access; terrain and lighting; fire suppression equipment; normal and emergency lighting; shift changes and time clock stations; power disconnect switches; and hazardous materials storage. The primary focus of the on-site reviews will be to identify assets that may be vulnerable to disruption, and review existing security procedures and physical barriers. Any available information concerning the past performance of existing protection systems will also be requested. 2.3.4 Prepare Summary Memorandum No. 3 The product of this subtask will be a concise memorandum to summarize the work conducted under the facility characterization phase. This memorandum will summarize the critical assets, prioritized on the basis of consequence of loss, and will document the evaluation of existing physical protection systems for asset protection. 2.3.5 Facility characterization phase approach and importance As noted above, it is anticipated that this phase will require up to two, full-day workshop- type meetings involving knowledgeable people from the Utility, as well as field visits to the selected representative facilities. M&E will provide review materials to attendees before these meetings to allow advance consideration of the issues, and thereby facilitate productive use of the limited workshop time. 2.4 The facility characterization phase will result in the identification of critical assets, and the description of existing physical protection systems, to serve as a basis for the subsequent evaluation of system effectiveness and calculation of risk to the assets. Phase 4 - System effectiveness evaluation . For a system to be effective, there must be awareness of an attack (detection), and a sufficient slowing of adversary progress to the targets (delay) to allow the response force enough time to interrupt or stop the adversary (response). This phase requkes consideration of the variety of paths that an adversary could choose to gain access to a critical asset. The worst-case path is then selected, and a scenario is developed to allow analysis of system effectiveness (detection, Collier Counvj - Water Sy~m Vulnerability .A.v~sm~nt p: ~-ngineering\vulnerabi~tyassessments~i~uta3Aw~nk~rd~rf~mmt~c~ervas~l~ al°c, 7/30/2002 .0 ' vg SiP 1 2002- p~. /0 _ delay, response) along that single worst-case path. Vulnerabilities along that path are those that would logically be the first to receive upgrades il'the risk is ultimately calculated to be too high. System effectiveness evaluation is the fourth phase in the VA process, and will include the following subtasks. 2.4.1 Identify most vulnerable strategy By discussion and consensus, with consideration of security weaknesses and vulnerable system states (for example, the middle of the night, or on Holidays), and with consideration of the worst consequences an adversary might cause by having access to the critical asset, the most vulnerable strategy will be assessed. This would equate to the worst strategy against the critical asset at the priority facility, since therefore all other strategies would have lower risks. A statement will be developed concerning what the adversary is going to do and how they are going to do it. 2.4.2 Derive most vulnerable scenario In this subtask, the Project Team will consider the variety of paths that an adversary could choose under the most vulnerable scenario defined in the previous subtask. This will require definition of all paths into the facility, from offsite to the highest consequence critical asset. The worst-case path will then be selected, and a scenario is developed to allow analysis of system effectiveness (detection, delay, response) along that single worst- case path. 2.4.3 Identify system vulnerabilities exploited by adversary Once the most vulnerable scenario is defined, the next step in estimating the protection system effectiveness involves listing and evaluating the features of the system that provide detection, delay, and response for the selected scenario. In this case, the protection system includes both the physical elements such as sensors, locks, and law enforcement that could provide for detection, delay, and response, as well as operational elements that could provide a second tier defense by mitigating the effect of an attack. Examples of such operational elements could include an emergency interconnect with a neighboring utility, or other system redundancy that would allow the utility to continue providing a level of water service if its high service pumps were disabled. If neither the physical nor the operational systems detect an attack, then this clearly points to a weakness in the system. With respect to the most vulnerably scenario identified in the previous subtask, the specific vulnerabilities exploited by the adversary will be identified. The identification of specific vulnerabilities will allow a value to be assigned concerning the effectiveness of the existing system, and will allow upgrades to be considered for both the physical protection system and the mitigation system. -~-~.Cy~ ~ L~ c'=% L. SEP 102002 Collier County - Water System Vulnerability Assessment p:xe~gine~ring\vu~nerabi~it~a~e~ment~e~i~r~u~ty~w~rk~rderfr~mmt~ierv~.d~ 7/30/2002 2.4.4 Prepare Summary Memorandum No. 4 The product of this subtask will be a concise memorandum to summarize the work conducted under the system effectiveness evaluation phase. This memorandum will summarize the most vulnerable strategy, scenario, and system vulnerabilities for the critical assets considered at the selected representative facilities. 2.4.5 System effectiveness evaluation phase approach and importance It is anticipated that this phase will require a full-day workshop-type meeting involving knowledgeable people from the Utility, and may involve additional field visits to the selected representative facilities. M&E will provide review materials to attendees before the meetings to allow advance consideration of the issues, and thereby facilitate productive use of the limited workshop time. The system effectiveness evaluation phase will result in judgments concerning the effectiveness of existing physical and operational systems, and will provide a basis for specific upgrades to be considered in the subsequent phase. 2.5 Phase 5 - Risk management Risk management is the fii~h phase in the VA process, and will include the following subtasks. 2.5.1 Calculate risk levels The Sandia VA methodology provides a mechanism for assigning numerical risk values to critical assets. The calculated risk level varies in direct proportion to the probability of attack and the consequences of an attack, and in inverse proportion to the effectiveness of existing asset protection systems. Previous subtasks will have facilitated the assessment of values for probability of attack, consequences of an attack, and effectiveness of the existing physical protection and mitigation measures for the critical assets analyzed at the selected representative facilities. In this subtask, risk values will be calculated for the applicable critical assets and a ranking established based on relative risk levels among assets. 2.5.2 Identify possible upgrades to physical and operational security Since the County cannot control the probability of attack, it will ultimately focus ks efforts on the factors it can control - the effectiveness of protection systems, and the mitigation of consequences. SEP 1 0 2002 Colli~r County - Water Syxnem Vulnerability Assessment p: ~engine~ing\vuln~nnzbility assessments~colli en~ounty~workordeffxonunficolli~ doc, 7/30/2002 In this subtask, alternatives will be developed for upgrades to physical and operational security for the protection of critical assets identified as high-risk. Alternatives will be presented in table form, and planning-level cost estimates will be provided for the identified upgrades. Based on the recommended upgrades, residual risk to the critical assets will be evaluated to identify the level of risk reduction that could be expected through the implementation of the physical and/or operational system upgrades. 2.5.3 Prepare Summary Memorandum No. 5 The product of this subtask will be a concise memorandum to summarize the work conducted under the risk management phase. This memorandum will summarize the calculated risk values, alternative security upgrades, and residual risk values for the critical assets considered at the selected representative facilities. 2.5.4 Risk management phase approach and importance It is anticipated that this phase will require a half- or full-day workshop-type meeting for the preliminary presentation of findings and alternative upgrades. This workshop should be attended by the senior management (decision makers) and knowledgeable people (subject matter experts) from the utility who have been involved in the previous phases. M&E will provide review materials to attendees before the meetings to allow advance consideration of the issues, and thereby facilitate productive use of the limited workshop time. The risk management phase will result in calculated risk values for applicable critical assets, identified alternatives for upgrading the physical and operational security system, and re-calculated risk values for the subject assets based on the implementation of the identified upgrades. 2.6 Final report and presentation This last phase of the project will involve the preparation of a final report that will document each of the previous phases, culminating in a presentation of the upgrades identified in the Risk Management phase. The report will be a synthesis of the summary memorandums prepared under the previous subtasks, and will address comments and revisions from the County concerning the previously submitted memorandums. The report structure will be as outlined below in Table 1. Collier County. Water System Vulnerability Assessment p: \engineering\ruin erabilityas.sessmems~colliercounty\workorderfi-onmat~c, olllervaseope.doe, 7/30/2002 TABLE 1. STRUCTURE AND CONTENTS OF FINAL REPORT CHAPTER CONTENTS Chapter 1 - · Introductory and background information on VA process Introduction · Reasons why VA was conducted · County requirements · Scope and organization of report Chapter 2 - · Planning and team selection Planning · Mission statement and objectives · Comparison of criteria · Facility prioritization · Risk reduction goals Chapter 3 - · Design basis threat Threat assessment · Justification for probability of attack Chapter 4 - · System description Facility · Site-specific fault trees characterization · Existing security policy, procedures, and physical security · Consequence table · Consequence values for critical assets Chapter 5 - · Adversary strategies, scenarios, tactics, and sequence diagrams System effectiveness · System effectiveness for scenarios evaluation · Physical protection system and operating system vulnerabilities Chapter 6 - · Risk analysis Risk assessment · Relative risks for critical assets at selected representative facilities Chapter 7 - · Alternatives for upgrades to physical security and consequence Risk management mitigation · Estimate of risks for proposed actions · Summary of results A presentation will also be provided to review the major findings from each phase of the project and address questions from Utility attendees. 3.0 DELIVERABLES Deliverables for the proposed work are listed below. Ao B. C. D. E. F. Summary Memorandum for the Planning phase Summary Memorandum for the Threat assessment phase Summary Memorandum for the Facility characterization phase Summary Memorandum for the System effectiveness evaluation phase Summary Memorandum for the Risk management phase Final Report for project Collier County - Water Sy~-m Vulmrabili~ .Aza~z~nm~t p:~.ngin~in~vu tn~abilityaszeaam~z~co llie~ounty\workorder frommt~:olli ~'vaso~. do~, 7/30/2002 SEP 1 0 2002 PG. /rTl The summary memorandums will be submitted in draf~ form only. The County personnel receiving the memorandums will be requested to communicate any comments or desired revisions to these memorandums promptly, since each new phase of the project relies heavily on the previous phase and consensus must be reached on a variety of issues before new phases proceed. Comments and intended revisions to the memorandums will be documented using addendums. The final report will be provided in draft form for review and comment by the County. M&E recommends that the County consult its legal counsel concerning the desired form and handling of the final report submittal. Since the document will contain sensitive information concerning the water utility's vulnerabilities, M&E strongly recommends that the report be closely protected and access to its contents be restricted. In general, for the entire project, all sensitive working papers and documents should be stored securely, the number of copies should be limited. 4.0 SCltEDULE In accordance with EPA guidelines, the project will be completed by December 31, 2002. A detailed schedule will be provided following receipt of the work authorization, when a definitive starting date can be established. 5.0 FEE Attachment A provides an estimate of staffhours and associated costs for the proposed scope of work. The total project cost is estimated at $114,966. Compensation for work in this proposal will be based on a lump sum method of payment, to be invoiced monthly on a percent complete basis. 6.0 ASSUMPTIONS The following assumptions apply to this scope of work. A. As noted previously, it will be neither possible nor necessary to evaluate every asset at Bo Collier County - W~er Sy~em Vulnerability Asse~.,ent p:~engineering\vu~nerabi~i~a~*~me~t~iew~unty~w~rk~rderfr~nnn~e~ierva~p~d~ 7/30/2002 every facility. The proposed methodology will focus on selection and assessment of the highest priority facilities and assets, and findings with respect to security upgrades will in general be transferable to other facilities and assets not considered. The selection of representative facilities and critical assets for detailed evaluation will be conducted through discussion and consensus with County members of the Project Team. Follow-on analyses can be performed on lower priority assets and facilities, subject to the constraints of schedule and funding. The VA process is highly sequential, and the later phases cannot be properly performed unless prior phases have been completed and consensus developed with respect to findings. Successful and timely project execution will rely on active and sustained participation by both "decision-makers" and "subject matter experts" from the Countyk_~_..[_~,rh,. SEP 1 0 200Z PG. ID'" We are grateful for the opportunity to assist Collier County in this important evaluation. Please do not hesitate to contact me at 954-450-5187 with any questions. Sincerely, METCALF & EDDY, INC. Vice Presidem Ethan Heijn Project Manager Colli=r County - W~r Sys~m Vulnerability A.s~m~ent p :~-ngineerin~vu lnerabilityazr~smen=~coili~rcounty~workorderfrommt~ao lli~rvazcx~.d°~, 7/30/2002 SEP 1 0 Attachment A Pc,._ ~ '7 SEP I 0 2002 .~.. ,/~ ~ ,U ITED STATES ENVIRONMENTAL PROTECTION AGENCY WASFITNGTON, D.C. 20460 OFFICE OF ADMIIWIS'II~ON _ ~ RESOURCES Dear EPA Grant Recipient: Federal funds have been approved for the project identified on the enclosed assistance agreement or assistance amendment. Please make a copy for your records and provide the appropriate copies within your organization. You must accept this assistance agreement or amendment by signing and returning it to EPA within three weeks to the following address: U.S. Environmental Protection Agency Grants Administration Division Grants Operations Branch (3903R) 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460 Please note that the above address is EPA's mailing address for normal delivery. If you want to send the agreement/amendment via courier, the following address should be used: U.S. Environmental Protection Agency Ronald Reagan Building Grants Administration Division (3903R) Room 51288 (Mail Room) 1300 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 564-5305 If the assistance agreement or amendment includes any terms and conditions requiring signed certifications or assurances, you must return them with the agreement or amendment. Payment will not be made until required certifications and assurances are received. This project is subject to post award monitoring activities such as site visits, correspondence and/or telephone calls as appropriate. At the conclusion of this agreement, you are required to submit, within 90 calendar days, all financial, performance and other reports as required by the terms and conditions and applicable EPA regulations (40 CFR 30 or 40 CFR 31). EPA regulations governing this grant may be viewed at: www.epa.gov/ogdtgrants If you have any questions, please contact the Grants Specialist identified ~n,~._?~'.~. document. / SEP 1 0 2002 Enclosures I ~' / HS - 83020501 - 0 Page 1 U.S. ENVIRONMENTAL PROTECTION AGENCY ASSISTANCE NO. PRG I DOC ID IAMEND# HS - 83020501 - 0 DATE OF AWARD 06/27/2002 TYPE OF ACTION MAILING DATE New 07/05/2002 ACH# PAYMENT METHOD: ACH Grant Agreement ~,ECIPIENT TYPE: Send Payment Request to: County Las Vegas Finance Center ClPIENT: PAYEE: ;oilier County Water Sewer District Interim Public Utilities Administrator 3301 E. Tamiami Trail, Building H, Third Floor Collier County Water Sewer District Naples, FL 34112 3301 E. Tamiami Trail, Building H, Third Floor. EIN: 59-6000558 Naples, FL 34112 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Jennifer Gardner 61 Forsyth Street, SW Atlanta, GA 30303-8960 E-Mail: Phone: 404-562-9436 James McGee Collier County Water Sewer District 3301 E. Tamiami Trail, Building H, Third Floor Naples, FL 34112 E.Mail: Phone: 941.732-2575 LaShaon Phillips 1200 Pennsylvania Ave, NW, Washington, DC 20460, 3903R E-Mail: Phillips. LaShaun@epa.gov Phone: 202-564-5348 PROJECT TITLE AND DESCRIPTION Vulnerability Assessments and Related Security Improvements at Large Drinking Water Utilities The objective of this program is to reduce the vuln~rabilities that large drinking water utilities present to a terrorist attack. PWSID No.:FL5114069 BUDGET PERIOD 07101/2002- 12/31/2002 PROJECT PERIOD 07/0112002 - 12/3112002 TOTAL BUDGET PERIOD COST $114,966.00 TOTAL PROJECT PERIOD COST $114,966.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Graters Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The Un[ted States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers Assistance/Amendment to the Collier County Water Sewer District for 100.00 % of all approved costs incurred up to and not exceeding $114.966 for the support of approved budget period effort described in application (including all application modifications) cited in the Project Title and Description above, signed 0412612002 included herein by reference. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) ~ AWARD APPROVAL OFFICE ORGANIZATION I ADDRESS / ORGANIZATION / ADDRESS Office of Water OW 1200 Pennsylvania Ave, NW Washington, DC 20460 Grants Administration Division 1200 Pennsylvania Ave, NW 3903R Washington, DC 20460 THE UNITED STA~E$ OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY ATURE OF AWAR~ OFF~IAL, ~ TYPED NAME AND TITLE DATE - This agreement is subject to a~cable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In acce ting this award or amenament and any payments made pureuant thereto, (1) the, un..de.rs..!gned re.presen.~ th.a.t h..e is du!y _, authoPrizad to act on behalf of the recipient organization, and (2) the recipient agrees la) mat me awara is subjec[ [o tne applicaole rovisions of 40 CFR Chapter 1, Subchaptar B and of the provisions of this agreement (and all attachments), and (b) that P an agreement by the payee that the amounts, if any found by EPA to have been overpaid .NATaCCeptance of any payments consti~.t.t.t.t.t.t.t.t.t~s will be refunded or crediter.d in~i~t'~o E~A. ~ //~Y AN_D,~N BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION URE -- ~t ~'/~ ~ /"~_..TYPED NAME AND TITLE Admi~istra~ ~ ~ ~ ~"~-~~'~ /r~'James W. DeLony, Public Utilities "°.-I & \ SEP I 0 EPA Funding Information HS- 83020601- 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $114,966 $114,966 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $114,966 $114,966 Assistance Program (CFDA) Statutory Authority Regulatory Authority Safe Drinking Water Act: Sec. 1442 40 CFR PART 31 66.476 - Vulnerability Assessments and Related Security Improvements at Large Drinking Water Utilities Fiscal Site Name DCN FY Approp. Budget PRC Object SltelProject Cost Obligation I Code Organization Class Organization Deobligation SUP1691 02 C9 40BOCUF 20103BI 4183 114,966 114,966 - HS - 83020501 - 0 Budcet Summar Paste ---; ............ ' ' -V-Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $0 4. Equipment $0 5. Supplies $0 6. Contractual $114,966 7. Construction $0 8. Other $0 9. Total Direct Charges $114,966 10. IndiractCosts: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $114,966 12. Total Approved Assistance Amount $114,966 13. Program Income $0 Page 3 HS-83020501-0 Page 4 Administrative Conditions 1. In accordance with Section 2(d) of the Prompt Payment Act (P.L. 97-177), Federal funds may not be used by the recipient for the payment of interest penalties to contractors when bills are paid late nor may interest penalties be used to satisfy cost sharing requirements. Obligations to pay such interest penalties will not be obligations of the United States. 2. Rights to inventions made under this assistance agreement are subject to the provisions of Title 37 Code of Federal Regulations (CFR), Part 401, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements', as revised through the date of this assistance agreement. 3. The recipient understands that none of the funds for this project (including funds contributed by the recipient as cost sharing) may be used to pay for the travel of Federal employees or for other costs associated with Federal participation in this project. Except however, if a Federal agency is selected through the recipient's procurement process to carry out some of the work as a contractor to the recipient, funds may be used to allow necessary Federal travel and other costs associated with Federal participation in this project. 4. The recipient agrees to comply with the MBE/WBE terms and conditions outlined in Attachment A. 5. By accepting this agreement for the electronic method of payment through the Automated Clearing House (ACH) network using the EPA-ACH payment system, the recipient agrees to: (a) Request funds based on the recipient's immediate disbursement requirements by presenting an EPA-ACH Payment Request to your EPA Servicing Finance Office (see EPA.ACH Payment System Recipient's Manual for additional information). (b) Provide timely reporting of cash disbursements and balances in accordance with the EPA-ACH Payment System Recipient's Manual; and (c) Impose the same standards of timing and reporting on subrecipients, if any. Failure on the part of the recipient to comply with the above conditions may cause the recipient to be placed on the reimbursement payment method. 6. As required by EPA regulations, the recipient agrees to submit a final Financial Status Report (FSR) (Standard Form 269) within 90 days after the end of this budget period to the following address: U.S. Environmental Protection Agency Las Vegas Financial Management Center P.O. Box 98515 Las Vegas, Nevada 89193-8515 When the recipient submits a final FSR, the recipient will in one of the following ways make an adjustment for the amount of Federal funds, if any, received in excess of the EPA share of the reported total budget period costs: (a) If the recipient is paid through EPA-ACH, they shall, in accordance with the enclosed payment guidance dated May 1995, refund excess assistance funds by either su__bmitting21...yf., ~ a~ ~ I .o. . SEP 1 O 200 credit on a current EPA-ACH Payment Request or by sending a check to the lockbox address: U.S. Environmental Protection Agency, Las Vegas Financial Management Center, P.O. Box 371293M, Pittsburgh, Pennsylvania 15251. If the recipient is paid by treasury check, they shall, in accordance with the enclosed payment guidance dated May 1995, refund excess assistance funds by submitting a check to the lockbox address in paragraph (a). If funds are due to the recipient at the time of submission of the final FSR, the recipient shall follow the procedures as outlined on the enclosed payment guidance to request the appropriate amount of funds from EPA. 7. EPA participation in the salary rate (excluding overhead) paid to individual consultants is limited to the maximum daily rate for a Level IV of the Executive Schedule, which is currently $498.32. 8. In acordance with EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to Standard Forms. These forms are printed on recycled paper and are available through the General Services Administration. 9. If a contract is awarded under this assistance agreement, the recipient agrees and is required to utilize the following affirmative steps to the maximum extent practicable: [1) Placing Small Businesses in Rural Areas (SBRAs) on solicitation lists; (2) Making sure that SBRAs are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; (,4) Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; (5) Using the service of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate; and (6) Requiring the contractor to take the affirmative steps in subparagraphs (1) through (5) of this Condition, if subcontracts are awarded. 10. The recipient agrees to ensure that all requisitions for conference, meeting, convention, or training space funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 11. The recipient agrees to provide EPA Form 5700-53, Lobbying and Litigation Certificate as mandated by EPA's annual appropriations act. A chief executive officer of any entity receiving funds under this Act shall certify that none of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The certification must be submitted in accordance with the instructions provided by_the EPA award official and is due 90 days after the end of the project period. 12. Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). RCRA Section 6002 requires that preference be given in procurement programs to the purch_..~se, of SEP 1 0 specific products containing recycled materials identified in guidelines developed by the Environmental Protection Agency (EPA). Current guidelines are contained in 40 CFR 247-254. State and local recipients and subrecipients of grants, loans, cooperative agreements or other instruments funded by appropriated Federal funds shall give preference in procurement programs to the purchase of recycled products pursuant to the EPA guidelines. Pro.qrammatic Conditions 1. Non-disclosure of work products: involvem'ent with and oversight by States; Reporting Reduirement~ The recipient will not submit the products developed under this grant unless otherwise directed to do so. The recipient agrees to submit a signed statement at the end of the project period that the scope of work described in the recipient's application has been completed. The recipient agrees that the EPA grant Project Officer will be permitted to view the recipient's vulnerability assessment and other products, if requested. EPA will not require a printed copy of these documents. The recipient agrees that it may be required to brief an appropriate state representative(s), as designated by EPA, on the work products. These briefings will not be required if such state representatives cannot assure that the information can be guarded from public release that could jeopardize the Utitity's security. The recipient shall take appropriate precautions to ensure that work products developed under this grant are not disclosed to parties who are not authorized to view the information. This same non-disclosure requirement shall apply to all underlying data and information that was collected and used to develop the work products. If Federal legislation is enacted that requires community water systems to conduct and submit vulnerability assessments or similar work products to EPA, EPA shall notify the recipient of the new requirement(s) and the recipient's need to comply with the requirements set forth in such Federal legislation. 2. Continuance and completion of the three grant program work areas If Federal funds remain upon completion of the work area(s) proposed in the recipient's original work plan, the recipient may request approval from the EPA Project Officer of a change in the work plan that includes additional work in the remaining grant work areas. For example, if the recipient's original work plans proposed the performance of a vulnerability assessment for $115,000, but the recipient completes the vulnerability assessment for $100,000, the recipient may request in writing the EPA Project Officer's approval to use the remaining $15,000 to develop an Emergency Operating Plan and/or to perform Security Enhancement Planning/Design. 3. Schedule for comDletingthe items Dr0p0sed If the recipient proposes to complete a vulnerability assessment with EPA funds, the recipient must complete the vulnerability assessment by the end of Calendar Year 2002 or within six months from the date of this grant award, whichever is later. If Federal legislation is later enacted that mandates an earlier deadline for completing a vulnerability assessment, EPA shall provide notice to the Utility of such new deadlines, which may supercede the deadlines noted above. 4. Recioient review of EPA web site for u~dated information The recipient agrees to visit the EPA website below at least once each week for EPA information on water security issues and on general technical and administrative guidance concerning the conduct of these grants. Updates on new legislation affecting water security issues will also be posted on this website. http://www.epa.gov/safewater/security/large_grants/update.html AGENDA I T£~,I .0._4\ _ SEP 1 O 200 5. Recipient consultation with affected local officials and area-wide ~)lanning agencies The recipient agrees to consult, as appropriate, with directly affected local elected officials and area-wide planning agencies in the development of vulnerability assessments, emergency operations plans, and security enhancement planning and design activities to the extent consistent with security considerations. 6. Non.qiisclosure of infQrmation, data, and work products by contractors The recipient shall require that any contractor or consultant hired to perform work (contractor) under this grant, take reasonable and prudent measures to safeguard all information used in the development of work products and all draft and final work products. The contractor shall not disclose this information to any party, without express consent by the recipient or as required by Federal law. AG£NQA, ITEM .o._ lb, 6 \ SEP 1 0 2OO Attachment A Minority Business Enterprises (MBE)/Womens' Business Enterprises (WBE) Terms and Conditions for non- SRF Recipients with EPA-approved FY 1998 MBENVBE Goals that were not based on historical data of dollars awarded to MBEs and WBEs 1. The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements: (a) The recipient accepts the applicable FY 1998 Minority Business Enterprise (MBE)/Womens' Business Enterprise (WBE) "fair share" goals/objectives negotiated with EPA by the State as the FY 1999 MBE/WBE "fair share" --goals/objectives as follows: MBE VV~B~ % Construction % Supplies ~ % ~ % Services ~ % ~ % Equipment __ % .~ % OR Combined Rate: % % (b)(1) The recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. (2) For assistance agreements related to research under the Clean Air Act Amendments of 1990, the recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share"objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women, disabled Americans, Historically Black Colleges and Universities, Colleges and Universities having a student body in which 40% or more of the students are Hispanic, minority institutions having a minority student body of 50% or more, and private and voluntary organizations controlled by individuals who are socially and economically disadvantaged. (c) The recipient agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. (d) The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR §30.44(b), 40 CFR §31.36(e), or 40 CFR §35.6580, as appropriate, and retain records documenting compliance. (e) The recipient agrees to submit an EPA form 5700-52A "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements," beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitted to MBE/WBE Coordinator, Lupe Saldana, U.S. Environmental Protection Agency, 401 M Street, SW, Mail Code 3903R, Room 51288, Washington, D.C. 20460, 202-564-5353, within 30 days of the end of the Federal fiscal quarter (January 30, April 30, July 30, and October 30). For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, the recipient agrees to submit an EPA form 5700-52A to MBF_JWBE Coordinator, Lupe Saldana by October 30 of each year. (f) If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the "fair share" objective. 2. EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the recipient.fails to com_pl~ _ with these terms and conditions. .-t.-.-.-.-.-.-.-.-~ .x-y-~ ~r-I~ __ SEP I 0 2002 APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/10/02) Immokalee Redevelopment Area (Fund 186) Budget Amendment #02-463 Op_ eratinl~ Expenses Out of County Travel - Professional Reserves Reserve for Contingencies Total $2,000 ($2,000) -0- Explanation: Funds are needed to pay for travel expenses for member of the Immokalee Local Redevelopment Advisory Board to attend Florida Redevelopment Association Conference October 16-18, 2002. Sewer Capital Projects (Fund 414) Budget Amendment #02-479 Capital Improvements - General $25,000 Reserves Reserve for Sewer Capital Outlay ($25,000) Total -0- Explanation: Funds are needed to facilitate work related to the second geological exploration well. SEP 10 2002 EXECUTIVE SUMMARY APPROVE A LIMITATION ON THROUGH TRUCK TRAFFIC ON THIRTEENTH STREET SW IN GOLDEN GATE ESTATES AT A COST OF $200 OBJECTIVE: To gain Board approval of a limitation on heavy vehicles on 13th Street SW in Golden Gate Estates as a result of the opening of the new bridge. CONSIDERATIONS: The new bridge connecting the northern and southern portions of 13th Street SW in Golden Gate Estates is about to be open to the public. This bridge will serve as a secondary outlet and access for emergency vehicles for an area comprising about six square miles in the Estates. During the public meetings and informational session that were held during the planning and design of the bridge, concern was expressed by a number of residents living in the vicinity of the bridge that it could become a through route for large trucks hauling fill and other building materials. This type of traffic could adversely affect the neighborhood and potentially be a hazard to the residents. Transportation Services Division staff believes that a limitation on heavy vehicles is appropriate to offset both this potential hazard and to maintain a more residential quality for the roadway. The proposed limitation may be temporary pending the findings of a future engineering study after planned upgrades to 13th Street SW are completed. These proposed upgrades include a sidewalk and added roadway width. FISCAL IMPACT: The cost of posting the necessary signs is estimated to be about $200. Funds are budgeted in the Traffic Operations Fund (101). GROWTH MANAGEMENT IMPACT: There is no growth management impact from this issue. RECOMMENDATION: That the Board approves the attached Resolution authorizing the posting of "No Through Trucks Over 5 Tons" signs at the appropriate locations on 13th Street SW in Golden Gate Estates, subject to the County Attorney's Office review of the proposed SUBMITTEDResolution· ~ BY: DATE: ~. ,' t/ O, 2/ r APPROVED BY: DATE: Attachments: No SEP 113 EXECUTIVE SUMMARY AWARD BID ;t~02-3401 IN THE AMOUNT OF $45,303 TO ASPHALTECH, INC. FOR PARKING LOT SEALCOATING AND RESTRIPING AT SIX PARK LOCATIONS Objective: To protect capital resources by awarding a bid for parking lot sealcoating and restriping at Golden Gate, East Naples, Veterans, Vineyards, and Max Hasse Community Parks and Aaron Lutz Neighborhood Park. Considerations: Parking lots at the above named parks arc in need of sealcoating. One hundred thousand dollars was budgeted in FY 0]-02 to complete the project. Bid 02-3401 was posted June 24, 2002 w~th invitations to bid sent to sixteen contractors. Eight contractors requested a bid package, and four of them returned bid proposals by the duc date. A bid tabulation sheet is attached. Staff has reviewed the bids received and found Asphaltech, Inc. to be the lowest qualified responsive bidder at $45,303. Fiscal Impact: $]00,000 is budgeted in FY 01-02 under Parks Improvement CD (306) Parking Lot Improvements. Growth Management Impact: All of the above named parks are inventoried in the Collier County Growth Management Plan. Recommendation: Staff recommends that the Board of County Commissioners award Bid tt02-3401 in the amount of $45,303 toxr~altech, Inc. Submitted by: ~-an~l;, Os~d, 0~emtions~nator Reviewed by: Reviewed by: Approved by: Parks and Recrg, at~on Department ~r]a~O} l~m~y} Dir._~or Parks ~d R~r~tion Uep~ment s ~uc~ Adminstrator ion of~blic S~i~s Date: ~/~/"3 Date: : S£P la 2002 EXECUTIVE SUMMARY WAIVE THE REQUIREMENT FOR COMPETITION AND AUTHORIZE PUBLIC RESOURCE MANAGEMENT GROUP, INC. (PRMG) TO CONDUCT RATE STUDIES IN THE APPROXIMATE AMOUNT OF $60,000; AND APPROVE NECESSARY BUDGET AMENDMENTS. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water and Sewer District waive the requirement for competition to conduct rate studies; approve a Purchase Order to PRMG, Inc., in the amount of approximately $60,000 to provide updates to the water and sewer rate studies and water and sewer impact fee studies for the Collier County Water/Sewer District and Goodland Water Sub-District. CONSIDERATIONS: The Board of County Commissioners adopted a resolution to increase the water and wastewater user rates (Ordinance # 2001-73) and impact fee (Resolution # 2001- 488) for the Collier County Water and Sewer District customers. These were approved on December 11, 2001 with an implementation date of January 1, 2002 for the impact fee and April 1, 2002 for the user rates. As part of the approval process, the Board of County Commissioners directed the staff to update the rate study on an annual basis. The last rate and impact fee study was conducted by PRMG; this company has a sound knowledge of and possession of base data. Staff is planning to start the update process in September 2002 and have the first draft of the report by October 2002. PRMG has the familiarity with the project and therefore having this vendor perform the study will keep the cost of the study lower than if another company had to do the background work. The staff promised the Board of County Commissioners last year that an update of the user rates and impact fee will be completed on a yearly basis. We are very close to the one year deadline and recommend that PRMG be designated to update the studies. Staff intends to send out a Request for Proposals (RFP) in early 2003 for the next update of the rate and impact fee studies which is expected to be completed before the end of 2003. As was the case in the last study, an engineering consulting firm, Greenley & Hensen is updating the Master Plan for water and wastewater. The results of the Master Plan Update will serve as the basis for the rate and impact fee study update. When the study was done in 2001, the scope of services did not include the rates for the Goodland Water Sub-District. The Goodland Sub-District customers get their water services from Florida Water Services (FWS). The County acts as a collection agent in that the County bills the customers and passes through the amount collected to FWS. The county owns some of the valves, pumps, etc, which require periodic maintenance. It is anticipated that some major rehabilitation expenses are to be incurred in the near future to upgrade these infrastructure items. The FY 03 requested budget includes $325,000 for capital improvements to the infrastructure in the Goodland Fund 441. ~...~¥-,..~., / The County is a bulk purchaser and reseller of FWS water. The county has a bulk purchase agreement with FWS. The Goodland rate structure has a built in "purchased water adjustment clause" that allows the county to change the rate when FWS increases their rates to the county. As a result of the study, changes to the user rates and impact fees will be brought to the Board of County Commissioners for approval. At this time, the staff is also exploring the possibility to tie the rates and impact fees to the Consumer Price Index (CPI). This will reduce the cost of future studies and also minimize significant fluctuations in the rate changes. FISCAL IMPACT: The estimated consultant cost for updating the studies is as follows: User Rate Study * Impact Fee Study Goodland Rate Study $28,000 $19,000 $13,000 TOTAL $60,000 * (Includes water, wastew~erandreuse) The funds for the Collier County Water and Sewer District Rate and Impact Fee Study are available in the Water and Sewer Operating Fund (408) Reserves and for the Goodland Rate study the amount is available in the Goodland Water District Fund (441) Reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners waive the requirement for competition and authorize PRMG to conduct rate and impact fee studies in the approximate amount of $60,000; and approve necessary budget amendments. Bala M. Sridhar, ~r. Accountant Steve Camell, Director, Pu~'chasing Department REVIEW'EDBY: ~t9'2~ D~a~ Date: o°/~z-.-. Tom Wides, Director, Op~Department .es DeLony, Public Utilities~ivision Administrator f It' EXECUTIVE SUMMARY AWARD CONTRACTS TO SUPPLY REVERSE OSMOSIS MEMBRANES TO THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD REVERSE OSMOSIS EXPANSION AND COUNTY WATER PLANTS, BID 02-3400. OBJECTIVE: To award two contracts for supplying reverse osmosis membranes where the first contract is for an annual contract to supply reverse osmosis membranes to the Collier County Water Plants; and the second contract is to supply reverse osmosis membranes to the South County Regional Water Treatment Plant (SCRWTP) 8-million gallons per day (MGD) Reverse Osmosis Expansion. CONSIDERATIONS: Reverse osmosis membranes need to be purchased and supplied by December 2002 for the SCRWTP 8-MGD Reverse Osmosis Expansion which is currently under construction. In addition, with the County soon going to have a second reverse osmosis membrane water plant in service, an annual contract is required so that membranes for replacement or expansion can be purchased expeditiously in the future. Bid 02-3400 was prepared with the intent to award two contracts (Bid Items A and B) for the purchase and supply of reverse osmosis membranes as described hereafter. On June 25, 2002, thirty-seven bid invitation notices for Bid 02-3400 were sent out. On August 1, 2002, five bids were received are summarized as follows: TriSep Toray Hydraunautics Koch Film Tec BIDDER Corporation Membrane Membrane Corporation America, Inc. Systems Bid Item A $418.28 $420 $425 $465 $475 Bid Item B $602,323.20 $576,000 $612,000 $635,040 $590,400 Bid ItemA: This is for the Annual Contract to supply Reverse Osmosis Membranes to the Collier County Water Plants where quotes were requested on aper unit price basis for a standard 40-inch Reverse Osmosis Membrane element as specified in the bid. TriSep Corporation was the lowest responsive bidder with a unit price bid quote of $418.28 per reverse osmosis membrane element. The design professional, Metcalf & Eddy, Inc., recommends awarding the Bid Item A contract to TriSep Corporation in their attached letter dated August 19, 2002. TriSep Corporation has a satisfactory performance record supplying reverse osmosis membranes to municipalities. Staff recommends awarding the Bid Item A contract to TriSep Corporation. A~ENDA I · Executive Summary A,~ard Bid 02-3400 for sCRWTp Reverse Osmosis Expansion Membranes Page 2 of 3 Bid Item B: This contract is for supplying Reverse Osmosis membranes to the SCRWTP 8-MGD Reverse Osmosis Expansion requiring a total 1,440 membrane elements as specified in the bid proposal. The apparent low bidder was Toray Membrane America, Inc. (Toray) with total price bid quote of $576,000. The design professional, Metcalf & Eddy, Inc. reviewed their bid proposal and found irregularities which are described in their August 19, 2002 recommendation letter for Bid Item B. The bid from Toray Membrane America, Inc. was found to be non-responsive for the reasons summarized below: 1. Toray has not demonstrated actual operating experience with their reverse osmosis membranes in similar water plants with similar raw water feed. They provided only one reference and this was for a different type of membrane used in a pilot test which was discontinued for non-performance. 2. Toray did not use all the correct raw water parameters specified in the required 6-year membrane performance projections which was submitted with their bid proposal package. 3. Toray is not a listed manufacturer in the bid specifications and they have only recently entered the U.S. market for supplying membranes to municipalities. Film Tec Corporation was the second low bidder with a total price bid quote of $590,400. The design professional, Metcalf & Eddy, Inc., recommends awarding the Bid Item B contract to Film Tec Corporation in their attached letter dated August 19, 2002. Their bid was found to be responsive after clarifying the information provided in their bid proposal. Film Tec Corporation has a satisfactory performance record supplying reverse osmosis membranes to municipalities. Staff recommends rejecting the low bid from Toray Membrane America, Inc. and awarding the Bid Item B contract to the second low bidder, Film Tec Corporation for the total price bid quote in the amount of $590,400. FISCAL IMPACT: Funds in Bid Item A, replacement membranes, will be available in County Water/Sewer Operating Fund (408), Reserve for Contingencies. Funds for future expansion membranes are available in County Water Impact Fees Fund (411). Funds for Bid Item B in the amount of $590,400 are available in County Water Impact Fees (Fund 411). GROWTH MANAGEMENT IMPACT: This project is part of the SCRWTP Reverse Osmosis Expansion recommended in the 1996 Water Master Plan Update adopted by the Board on October 22, 1996, Agenda Item recommended in the 2001 Water Master Plan Update December 11, 2001, Agenda Item 8(B). 8(B)(1), and it is also adopted by the Board on : SEP ! 0 Executive Summary Award Bid 02-3400 for SCRWTP Reverse Osmosis Expansion Membranes Page 3 of 3 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the selection and award contracts to the two recommended firms, and authorize the Chairman to execute an Annual Contract with TriSep Corporation to Supply Reverse Osmosis Membranes for Bid Item A; and execute a contract to Supply Reverse Osmosis Membranes to the SCRWTP 8-MGD Reverse Osmosis Expansion to Film Tec Corporation for Bid Item B in the amount of $590,400, per Bid 02-3400. Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED By: .~{q .~, ~/~ DATE: Steve ~arnell, Director Purchasing Department REVIEWED BY: r .. ¢ c~c---~. --- Roy B?Arlderson, P.E., Director Public Utilities Engineering Department DATE: Paul Mattausch, Water Director Public Utilities Division APPROVE~ ~ DATE: Jame~ W. DeLony, P.E., Adfixinistrator ~'c Utilities Division Metcalf & Eddy August 19, 2002 Mr. Mohan Thampi, P.E. Senior Project Manager Collier County Public Utilities Engineering 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 Mailing Address: P.O. Box 990286 Naples, FL 34116 Shipping Address: 3851 Utilities Drive Naples, FL 34117 Tel: 941-348-1136 Fax: 941-348-3324 menaplesfl@aol.com www. m-e.com Re: Collier County South Regional Water Treatment Plant RO Expansion Membranes Sealed Bid No. 02-3400 Recommendation of Bid Award - Bid Item A Annual Contract to Supply Membranes to Collier County Dear Mr. Thampi: Bids were received from five vendors for the above referenced project. The Bid Item A is for providing RO elemems on an "as requested" basis to the County on an annual contract. On August 1, 2002, al 2:30 p.m., bids were opened by the Collier County Purchasing Departmem. The bidders and bid prices are summarized in the attached bid tabulation sheet. Metcalf & Eddy (M&E) has reviewed the bid prices submitted in the Schedule of Prices for the bid and have found them to be in good order. In addition, the bids were reviewed for compliance with the bid documents. The apparent Iow bidder is TriS~p Corporation with an RO elemem bid of $418.28. We reviewed their bid package and found no irregularities. M&E recommends the County award Bid Item A annual contract to provide RO elemems on an as requested basis to TriSep Corporation. Their per element cost is $418.28. Please call if we can be of further assistance in ~_n~qwering any questions on the bids. We would appreciate being informed of any action necessary so that we can assist in preparing the contracts for execution. AN A E C 0 MI Cc~nP^~l¥ Please be advised the specifications require that the bidder be notified of your decision in awarding or rejecting the bids within 90 days of the bid opening. Should you have any questions, please call us. Very truly yours, ~s~soeJ.l~te~meno, Jr., P.E. CC: Lyn Wood Tom Huse George Papaioannou Metcalf & Eddy August 19, 2002 Mailing Address: P.O. Box 990286 Naples, FL 34116 Shipping Address: 3851 Utilities Drive Naples, FL 34117 Tel: 941-348-1136 Fax: 941-348-3324 menaplesfl@aol.com w~A/~v, rrl-e, co m Mr. Mohan Thampi, P.E. Senior Project Manager Collier County Public Utilities Engineering 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 Collier County South Regional Water Treatment Plant RO Expansion Membranes Sealed Bid No. 02-3400 Recommendation of Bid Award - Bid Item B Contract to Supply Membranes for the SCRWTP 8-MGD RO Expansion Dear Mr. Thampi: Bids were received from five vendors for the above referenced project. August 1, 2002 at 2:30 p.m., bids were opened by the Collier County Purchasing Department. The bidders and bid prices are summarized ia the attached bid tabulation sheet. Metcalf & Eddy (M&E) has reviewed the bid prices submitted in the Schedule of Prices for the bid and have found them to be in good order. In addition, the bids were reviewed for compliance with the bid documents for the three lowest bidders. Based on our review, we believe that the second and third bids are in compliance with the bid documents and are reasonable proposals for performing the required wore 1. The apparent low bidder is Tomy Membrane America, Inc. at $576,000.00. The following irregularities were found: M&E performed a reference check on Toray by calling the one referenced installation repotted in the United States to have a similar raw water and using their proposed membrane. The telephone interview conducted, with the Town of Jupiter provided us information that Toray did not have an installation with Jupiter and that the only business that Jupiter had with Toray was for pilot test elements for their membrane plant (Nanofiltration) and not their RO plant. This .o._ i V, . SEP 1 0 2002 _ 7' ,,. pilot test found that the membrane did not meet the Town of Jupiter's requirements and the test was discontinued. Toray did not use all the correct raw water parameters for the required six year projections. The chlorides in particular used in the projections were 15% low. Toray is not a listed manufacturer. They have only recently entered the U.S. market for supplying membranes to municipalities. Based on this information, M&E recommends that this proposal by Toray Membrane America, Inc. not be considered further. 2. The second low bidder is Film Tec Corporation(A wholly owned subsidiary of The Dow Chemical Company) at $590,400.00. The following irregularities were found: · The six year projections required to be provided were out of sequence and not labeled properly. Case 2 is actually year 0 and Case 7 is the year 6 projection. Case 1 is a worst case scenario. Once this was correctly identified, the membranes were found to meet technical specifications · The warranty included in the document is for three years. Specifications require a six year prorated warranty. Film Tec provided an August 15, 2002 letter clarifying and indicating that they will provide the 6-year pro-rated warranty as specified. As stated above, these irregularities have been clarified. 3. The third iow bidder is TriSep Corporation at $602,323.20. No irregularities were found. M&E's cost estimate for the project was $1.3 million in May 2000 when the budget estimate was provided to the County. This budget included installation costs, contractor's mark-up, and taxes. This bid provides considerable savings to the County. The main reasons for lower costs are due to market conditions leading to lowered Reverse Osmosis membrane costs. The second reason is that the decision was made to separate the membrane bid fi:om the General Contractor's bid, awarded last July 2001. This allows the County to take advantage of lower membrane prices that are tax fi'ce and without a contractors mark-up. Further, the membrane installation costs are included in the General Contractor's contract for SCRWTP 8-MGD RO Expansion, which is currently in progress. M&E recommends the County award the Bid Item B Contract for this work to supply membranes for the SCRWTP 8-MGD RO Expansion to the second low bidder Film Tee Corporation in the amount of $590,400.00 for the base bid. Please call if we can be of further assistance in an.qwering any questions on the bids. would appreciate being informed of any action necessary so that we can assist in preparing the contracts for execution. _-~ ~ ~. r M&E recommends the County award contract in September 2002 in order for the membrane supplier to deliver their product by December 2002 for the SCRWTP $-MGD Reverse Osmosis Expansion. Please be advised the specifications require that the bidder be notified of your decision in awarding or rejecting the bids within 90 days of the bid opening. Should you have any questions, please call us. Very truly yours, METCALF & EDDY Associate CC: Lyn Wood Tom Huse George Papaioannou EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO TRANSFER $73,000.00 FROM GAS TAX RESERVES TO "FAST TRACK" THE SURVEY PORTION OF THE FOUR- LANE DESIGN IMPROVEMENT TO COLLIER BOULEVARD (CR 951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD, PROJECT NO. 65061 OBJECTIVE: To receive Board approval of a Budget Amendment to transfer $73,000 from Gas Tax Reserves for fast tracking the four lane design Project #65061, Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. CONSIDERATION: Collier Boulevard (CR 951), from Golden Gate Boulevard to Immokalee Road, is programmed for improvement from a two-lane to a four-lane roadway with ~esign funding currently available in FY 2003. A fast-track design process has been selected for this design and construction project to immediately address capacity issues. The first step of this process is to secure surveying and mapping of the project ahead of selection of a design consultant through the use of existing professional services contract for Fixed Term Surveying and Photogrammetric Services, Contract No. 02-3324. Current terms of this contract allow Work Orders to be written up to $90,000. Approval of this transfer of funds will allow a Work Order to be executed in FY 2002 so that the project may be fast-tracked as proposed. FISCAL IMPACT: A budget amendment is needed to transfer $73,000.00 from the Transportation Supported Gas Tax Reserve Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: This project is necessary to address capacity deficiencies and avert potential building moratoriums. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment for the transfer of Gas Tax Funds (313) from FY 2003 to FY 2002 in the amount of $73,000 for Project No. 65061. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: G~ R. l~u~msuu, P.E., Senior Project Manager :~'~ Dale ~th°~ 7ncipal Pr°ject Manager , ..,~/-~'~r7~/.,,,'~ ,. Date: Gre~. ~~e, Director, TE&CM Dept. ~o~-Fe~r~ A~s~ator . f~es V. Mudd, Co=~ M~a;er AGENDA ITEM No. SEP 1 0 2002 - EXECUTIVE SUMMARY APPROVAL OF A GRANT AGREEMENT WITH THE STATE DIVISION OF HISTORICAL RESOURCES FOR THE PHASE I RESTORATION OF THE ROBERTS HOME AT THE IMMOKALEE PIONEER MUSEUM (FY 03 GRANT REVENUE OF $92,028). OBJECTIVE: That the Board of County Commissioners approve an historic preservation grant agreement (Grant No. SC351) for $92,028 with the State Division of Historical Resources for Phase I restoration of the Roberts Ranch home in Immokalee and approve the necessary associated budget amendment. CONSIDERATIONS: On July 12, 2001 the Board of Collier Commissioners approved a grant application to the Florida Department of State, Division of Historical Resources, for Phase I restoration of the Roberts Ranch family home in Immokalee as a County- owned and operated museum. The County is eligible for a $92,028 matching grant from the Florida Department of State, Division of Historical Resources, to assist with the first phase of restoring the Roberts family home. The grant was formally presented to the State Historic Preservation Advisory Council in Tallahassee in October 2001. The Council subsequently approved the request and recommended funding in the amount of $92,028. The final appropriation was approved during the 2002 Florida Legislative Session (SC351). The County's match commitment totals $563,085. Since this is a Special Category grant, expenditures made during the preceding 5 year period are allowable for Local Cost Share purposes, and include $65,758 of in-kind past County expenditures for the project, $274,561 in-kind Roberts family donations of land and $27,536 in cash donations fi.om the Immokalee community. The remaining required County match, which is included in the proposed FY 03 budget, includes $160,000 in expenditures for actual preservation work and $35,230 in staff time. Phase I restoration includes a structural assessment, reapining the tin roof, updating electrical wiring, the installation of HVAC, removing the cabinets, appliances and paneling of the 1960s era kitchen, and preparing the modem den and bathroom for the reconstruction of the original rear porch. The County Attorney's office has reviewed and approved this grant agreement for legal sufficiency. SEP FISCAL IMPACT: Historic Preservation Grant funding from the Florida Department of State in the amount of $92,028 will be recognized as revenue in the Museum Fund (198) FY 03 budget for the purpose of restoration work at the Roberts Ranch site in Immokalee. The County's portion for FY 03 includes $160,000 in expenditures for actual preservation work and $35,230 in staff time, which are both included in the Museum Fund (198) FY 03 proposed budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners approve a grant agreement for $92,028 with the Florida Department of State, Division of Historical Resources, for Phase I restoration of the Roberts Ranch home; authorize the Chairman to sign the agreement and approve the necessary budget amendment recognizing grant revenue and authorizing expenditure of such. SUBMITTED BY: ~(~//~,,,.~ _ ~ Date: ~./~. o~ ~'~Ron~amro, Museum Director APPROVED BY: ~licD~enrnvUi~kesI~'ivisio n Administ rat°r SEP 10 2G 2 , RESTRICTIVE COVENANTS THESE COVENANTS are entered into this day of , 2002, by , hereinafter referred to as the Owner, and Collier County_ Government hereinafter referred to as the Grant Recipient, and shall be effective for a period of ten years from the date of recordation by the Clerk of the Circuit Court of Collier County, Florida. WHEREAS, the Owner is the fee simple titleholder of the Property located at Roberts 'Avenue and SR 29, Immokalee, Collier County_, Florida, as described in Exhibit A, attached to and made a part hereof and WHEREAS, the Grant Recipient is to receive State Historic Preservation Grant assistance funds administered by the State of Florida, Department of State, Division of Historical Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, hereinafter referred to as the Department, in the amount of $92,028.00, to be used for the restoration and preservation of the property of the Owner as described in Exhibit A, and WHEREAS, said State funds have been or will be expended for the purpose of preserving the historic qualities of the property or contributing to the historic character of the district in which the property is located, Now THEREFORE, as part of the consideration for the State grant, the Owner and the Grant Recipient hereby make and declare the following restrictive covenants which shall run with the title to said Property and be binding on the Owner and its successors in interest, if any, for a period stated in the preamble above: 1. The Owner and the Grant Recipient agree to maintain the property in accordance with good preservation practices and the Secretary_ of the Interior's Standards for Rehabilitation. 2. The Owner and the Grant Recipient agree that no modifications will be made to the Property, other than routine repairs and maintenance, without advance review and approval of the plans and specifications by the Department's Bureau of Historic Preservation. 3. The Owner and the Grant Recipient agree that every effort will be made to design any modifications to the Property in a manner consistent with the Secretary of the Interior's Standards for Rehabilitation. 4. The Owner and the Grant Recipient agree that the Department, its agents and its designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed. 5. The Owner and the Grant Recipient agree that these restrictions shall encumber the property for a period of ten years firom the date of recordation, and that if the restrictions are violated within the ten year period, the Department shall be entitled to liquidated damages pursuant to the following schedule: a. If the violation occurs within the first five years of the effective date of these covenants, the Department shall be entitled to return of the entire grant amount. b. If the violation occurs after the first five years, the Department shall be entitled to return of the entire grant amount, less 10% for each year past the first five. For instance, if the violation occurs after the sixth anniversary of the effective date of these covenants, but prior to the seventh anniversary, the Department shall be entitled to return of 80% of the original grant amount. 6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Collier County, Florida, and shall pay any and all expenses associated with their filing and recording. 7. The Owner and Grant Recipient agree that the Department shall incur no tax liability as a result of these restrictive covenants. , SEP ! 2 J2 IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive Covenants and have hereto affixed their signatures. WITNESSES: Witness Signature James N. Coletta, Chairman BCC OWNER Witness Name Typed/Printed 3301Tamiami Trail East Owner's Address Witness Signature Naples FL 34112 City State Zip Witness Name Typed/Printed The State of Florida County of Collier I certify that on this date before me, an officer duly authorized in the state,and county named above to take acknowledgments, that ,,_-fl"'~ ~ ~_1' A]. ~ D [4 q'P~ personally (Nhme), - (Offi~.er~ - OA6~meo~CorOor~fi~n/p~rYdershO0~ known to me to be or Who proved to my satisfaction that he/she is the person described in and who executed the foregoing instrument. Type of Identification Produced Executed and sealed by me at , Florida on ,200~'~. j~pprov,cl as to form /sEro4 Notary Public in and for The State of My commission expires: ~---~ ~ SEP ! § 2002 Historic Preservation Grant Award Agreement Special Category Grants Grant No. SC351 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, here/nailer referred to as thc Department, and the Collier County Government, a political subdivision of the State of Florida, hereinafter referred to as the Grantee, relative to the Roberts Ranch, hereinafter referred to as the Project, and is entered into this day of ,2~__~. The Department is respons~le for the aarninistration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter 1A-35, Florida Adl~inistrative Code, which regulates Historic Preservation Grants-in-Aid. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of $92,028.00 (ninety-two thousand twenty-eight dollars) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: Scope of Work The Project shall include the following authorized project work: Repair and restoration of the Main House to its 1926-1936 appearance for use as a living history site to include: a. Architectural and engineering services; b. Reroofing; - c. Upgrade of electrical and mechanical systems; and d. Selective demolition of non-historic features and finishes in the kitchen, and in the existing den and bathrooms to reopen the original rear porch. Grant Period The grant period is effective on the date of the t-mai signing of the Grant Award Agreement by all parties and ends on June 30, 2004. All grant funds must be expended or be encumbered under the terms of a binding contractual agreement by the Agreement ending date. o Disbursement of Funds Grant funds may be paid in four installments. Grantees shall submit the four signed Requests for Advanced Payment forms with this signed Grant Award Agreement to initiate the grant. The fu'st installment may be requested by the Department upon full execution of the Grant Award Agreement, and for those projects requiring Restrictive Covenants, submission of a complete copy of the Restrictive Covenants showing that it has been recorded by the appropriate Clerk of the Circuit Court. The second payment may be requested after the beginning of the second state fiscal quarter. The third payment may be requested after the beginning of the third state fiscal quarter and receipt of the project progress and expenditure report for the Project's first reporting period. The i'mal payment of grant funds may be requested when the Grantee demonstrates that the funds have been encumbered under the terms of binding contractual agreement or agreements, review and approval of project plans and specifications by the Department, and confirmation of the Grantee's local cost share. However, this payment schedule shall be subject to the timely filing of required reports and to any special conditions required by the Office of the Comptroller of the State of Florida. The Grantee shall temporarily invest surplus grant funds in an interest bearing account, and interest earned on such investments shall be returned to the Deparlment quarterly. SEP 10 2002 6o Accounting Requirements The Grantee shall maintain an accounting system which provides for a complete record of the use of all grant funds. This accounting system shall provide for: a. Accurate, current, and complete disclosure of the status of all grant funds. Records that identify adequately the application of funds for all activities related to the grant. In the absence of a proper accounting system with amounts detailing the application of funds, a separate checking account, containing only grant funds or specifically designated for grant funds, may be used. c. Effective control over and accountability for all funds, property, and other assets. d. Accounting records that are supported by source documentation (i.e., invoices, bills, cancelled checks) and are sufficiently detailed to allow for a proper preaudit and postaudit. Retention of Accounting Records Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five years after the end of the grant period. If any litigation or audit is initiated, or claim made, before the expiration of the five year period, the records shall be retained until the litigation, audit, or claim has been resolved. The Grantee shall make all grant records of expenditures, copies of reports, books, and related documentation including electronic storage media available to the Department or a duly authorized representative of the State of Florida for inspection at a reasonable time for the purpose of conducting audits, examinations, excerpts and Ixanscripts. Expenditures a. All expenditures must be directly related to the purpose of this grant and must be easily identified as such. b. Project costs may not include any expenditure or cost not directly related to the purpose of this grant as set forth in the scope of work. c. No expenditures shall be made from these grant funds for any costs incurred prior to the date of this Agreement unless authorized by the Department in writing prior to the expenditure. d. These grant funds will not be used for lobbying the Legislature, the judicial branch or any state agency. e. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the Grant. The Grantee shall not charge the Department for any travel expense without the Depaxhnent's prior written approval. Upon obtaining written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with the provisions of Section 112.061, Florida Statutes. Restrictive Covenants With the exception of those properties owned by the State of Florida or the United States Federal Government, as a condition for receiving grant funds, the Grantee shall have fully executed and duly recorded in the county in which the property is located, the enclosed Restrictive Covenants agreeing to the continued maintenance, repair and administration of the property receiving grant assistance in a manner satisfactory to the Department for a period often years from the date of recordation by the appropriate Clerk of the Circuit Court. · Standards The Grantee shall carry out all project work in compliance with the Secretary of the Interior's Standards for Rehabilitation or the Secretary of the Interior's Standards for Archaeological Documentation, which are incorporated by reference. , ..._._... . __v~--)-~{,~ S£P ! 0 2002 10. 11. 12. Review Pursuant to Section 267.061(3)(i), Florida Statutes, the Grantee shah provide the Department an opportunity to review and approve architectural documents for the project at the following points in their development: a. upon completion of schematic design; b. upon completion of design development and outline specifications; and c. upon completion of working drawings and specifications, prior to execution of the construction contract. Procurement Documentation The Grantee shall submit complete bid documents and a copy of the final conlract for construction work to the Department for review and approval prior to f'mal execution by the Grantee. Progress nnd Expenditure Reports The Grantee shall submit to the Deparlment a completed "Progress and Expenditure Report" form for every reporting period of the grant period. Progress and Expenditure Reports shall be received by the Department within 30 days of the ending of a reporting period. Within 30 days of completion of project work, the Grantee shall submit the completed "Final Progress and Expenditure Report" form to the Department. Notices, Schedules and Sponsorships All publications, media productions, and exhibit graphics shall include the following statement in the same size, type style, and location as the organization name: "Sponsored in part by the State of Florida, Department of State, Division of Historical Resources, assisted by the Florida Historical Commission." All projects shall display a project identification sign in a prominent location at the Project site while work is in progress· The sign must be a minimum of eight square feet in area, be constructed of plywood or other durable material, and shall contain the following acknowledgment of grant assistance: "This project has been financed in part with historic preservation grant assistance provided by the State of Florida, Florida Departmeat of State, Division of Historical Resources, assisted by the Florida Historical Commission." Any variation in the above specifications must receive prior approval by the Department. The cost of preparation and erection of the project identification sign are allowable project costs. Routine maintenance costs of project signs are not allowable project costs. 13. Liability The Depa~h,ent shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Deparlment harmless from and against any and all claims or demands for damages resulting from personal injtu2t, including death or damage to property, arising out of any activities under this Agreement and shall investigate all claims at its own expense. 14. IS. 16. Co The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that it is under- stood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcon~act. Non-Discrimination The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, religion, color, handicap, national origin, age, gender or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. Public Access The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with the Agreement. Termination of Agreement The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to notification of termination. If the Grantee violates any of the provisions of this Agreement, the Department shall have the right to demand the return of moneys delivered and withhold subsequent payments due under this or other grants. If notice of termination is given, the Department shall not be liable for services rendered, expenses incurred or goods delivered after receipt of the notification of termination. 17. Availability of Funds The Deparlment's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. 18. Audit Each grantee, other than a grantee which is a State agency, shall submit to an audit or submit an attestation statement pursuant to Section 216.349, Florida Statutes. bo All audits or attestations as described above shall be submitted within six months of the close of the Grantee's fiscal year, or within six months of the ending of the Grant Period. All audits or attestations must cover each of the Grantee's fiscal years for which grant funds were received or expended under this Agreement. ,, 4 SEP ] 0 200:2 19. Local Cost Share The Grantee shall expend $563,085.00 (five hundred sixty-three thousand eighty-five dollars) in Local Cost Share funds for the Project. The Grantee shall substantially justify to the Depmhnent all expenditures related to the Local Cost Share. Any portion of the Local Cost Share not substantially justified will be reduced from the total amount of the grant. 20. 21. 22. 23. 24. Independent Capacity of Grantee a. The Grantee, if not a State agency, agrees that its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, agent or employee of the State of Florida. The Grantee, if not a State agency, is not entitled to accrue any benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an officer, agent or employee of the State. b. Grant funds cannot be used to pay for the services of a State employee for time for which the employee is being paid by the State. Conflict of Interest The grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct, including Chapter 112, Part III, Florida Statutes. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, minor child, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Governing Law a. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and roles of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. b. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. Preservation of Remedies No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. Non-Assignment The Grantee shall not assign, sublicense or otherwise transfer it rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter 1A-35, Florida Administrative Code. If the Department approves a transfer of the Cn-antee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agteement. --~~ 5 SEP 10 Binding of Successors This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of thc Department. 26. Notification Unless there is a change of address, any notice required by this Agreement shall be delivered to thc Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, IL A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 for the Department, and to Collier County Government, 3301 Tamiami Trail East, Naples, FL, 34112, for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. 27. 28. 29. Sovereign Immunity Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. Strict Compliance with Laws The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. Copyright and Royalties When publications, films, or similar materials are developed, directly or indirectly, from a program, project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its officers, agents, and employees acting within thc scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 30. Entire Agreement This instrmnent embodies the whole Agreement of the parties. There are no provisions, 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. No amendment or extension of this Agreement shall be effective unless in writing and properly executed by the parties. SEP ! 0 2002 ~ll written approvals referenced in this Agreement must be obtained from the parties' grant adminislxators or their d~signees. The Department and the Grantee have read this Agreement and have affLxed their signatures: DEPARTMENT OF STATE JANET SNYDER MATTHEWS, Ph.D. Director, Division of Historical Resources COLLIER COUNTY GOVERNMENT Signature of Authorized Official James N. Coletta Chairman, Board of County Commissioners T~edNameandTitleofAu~o~edOfficial 7 SEP 1 0 2002 ADDENDUM TO GRANT AWARD AGREEMENT NUMBER SC351 AUDIT REQUIREMENTS The administration of resources awarded by the Deparunent of State to the Grantee may be subject to audits and/or monitoring by the Department of State as descn~oed in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revi~ monitoring procedures may include, but not be limited to, on-site visit~ by Depar~ent of State staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedure~/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is apphcable if the recipient is a State or local govemment or a non-profit organization as de£med in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Depar~nent of State by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this pa~. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to anditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). SEP 10 2002 The Interact web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the inte~retation of compliance issues. Sate of Florida Department of Bantdng and Finance (Comptroller) http://www.dbf, sate.fl.ns/. Federal Office of Management and Budget Circulars Index htt~:llwww.whitehonse.govlOMBIgrantslindcx.html~h:ireulars Governor's Office Initiatives, Florida Single Audit Act hitl~://www.myflorida, com/myflorida/govem~-~t/govemo 'nnifiatives/fsaa/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us] PART II: STATE FUNDED This part is applicable ff the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable ales of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local govemmenal entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assisanee, including sate financial assistance received from the Department of State, other sate agencies, and other nonstate entities. State fmaneial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local govemmenal entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in sate financial assisance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in state financial assistance in its riscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the reeipient's resources obtained from other then State entities). ' SEPt. 102O02 PART HI: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behaff of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Division of Historical Resources Bureau of Historic Preservation Grants and Education Section $00 South Bronough Street Tallahassee, FL 32399-0250 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'~ Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Deparlment of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Division of Historical Resources Bureau of Historic Preservation Grants and Education Section 500 South Bronough Street Tallahassee, FL 32399-0250 Copies of £mancial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Division of Historical Resources Bureau of Historic Preservation Grants and Fxiucation Section 500 South Bronough Street Tallahassee, FL 32399-0250 SEP 1 0 2002 B. Thc Auditor General's Office at thc following address: o Auditor Gen~al's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to thc Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonlxofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of State for audits dOne in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, Comptroller, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program National Park Service, U.S. Department of the Interior, Historic Preservation Fund Grants-In-Aid, CFDA # 15-904, $0.00. COMI'LIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO TIHS AGREEMENT ARE AS FOLLOWS: As contslned in OMB Circular A-133 4 SEP 1 O 2002 SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project Florida Department of State, Acquisition/Restoration of Historic Properties, CSFA Number 45.032 $92,025.00 (ninety-two thousand twenty-eight dollars). COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THI.~ AGREEMENT ARE AS FOLLOWS: As contained in th~ Compliance Supplement to CSFA Number 45.032. The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature.' COLLIER COUNTY GOVERNMENT Signature of Authorized Official James N. Coletta, Chairman BCC Typed Name and Title of Authorized Official S£P ! 0 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE MOTOR POOL CAPITAL RECOVERY FUND (522) TO RECOGNIZE INSURANCE REVENUES FOR CURRENT YEAR REIMBURSEMENTS IN THE AMOUNT OF $17,900. OBJECTIVE: Obtain Board approval for a budget amendment in the Motor Pool Capital Recovery Fund (522) to recognize insurance revenues for current year reimbursements in the amount of $17,900. CONSIDERATION: Insurance revenues in the amount of $17,900 were received in Fund 522 as reimbursement for a vehicle totaled in an accident this year. These revenues should be recognized to cover the unbudgeted cost of the replacement vehicle. FISCAL IMPACT: FY 2002 appropriations in the Motor Pool Capital Recovery Fund (522) will increase $17,900 by recognizing the stated insurance revenues. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this budget amendment. RECOMMENDATION: The Board approve a budget amendment to recognize insurance revenues in the Motor Pool Capital Recovery Fund (522) as stated. Daniel A. Croft, Fleet Matfia~ement Director Michael Smykowski, Budget Director APPROVED BY: ~~ Date: Jo-Anne Varcoe-Leamer, Administrative Services Administrator AGENDA ITE', ~ SEP 10 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of September 10, 2002 Operating Expenses Reserves Reserve for Contingencies Total: Explanation: September. Lely Golf Estate Beautification (Fund 152) Budget Amendment #02-500 $10,000 (lO,0OO) Funds are needed for the Commercial Land Maintenance Contract for the months of August and Impact Fee Administration Community Development (Fund 113) Budget Amendment #02-502 Operating Expenses $2,000 Reserves Reserve for Contingencies (52,000) Total -0- Explanation: Funds are needed for title search services for obtaining o~ership and encumbrance reports for properties relative to collection of past due impact fees, and legal ads for public hearing notice for ordinance amendments. 1973 Race Track Revenue Bonds (Fund 202) Redemption of Long Term Debt Reserves Reserve for Debt Service Total Budget Amendment #02-503 $550.00 ($550.00) -0~ Explanation: Funds are needed for fiscal agent's fees not budgeted in FY 02. General (Fund 001) Health Care Responsibility Act Budget Amendment #02-504 Operating Expenses Hospitalization-In-Patient $ I 0,000 Reserves Reserve for Contingencies ($10,000) Total -0- AGENDA ITEM No. I¢r,-_.3,_ SEP lO0 / Explanation: Funds are needed to pay actual billings for Hospitalization-In-Patient charges in excess of the amount currently budgeted as mandated by the Health Care Responsibility Act (Florida Statute 154.301-154.331). COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, lxade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99410, Commissioner Jim Coletta hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: NAACP Freedom Fund Banquet Public Purpose: To represent the county to a group instrumental in expanding the educational, youth works, health and important social programs in the County. Date of Function / Event: Oct. 19, 2002 Amount to be paid by the County: $5o.oo Mileage: NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE COI.I.I~R COUNTY BRANCH (#5117) P.O. BOX 990727. NAPLES, FLORIDA 34116 .;UN-2 ? 2002. De~r Supporter:. For ninety-three years the NAACP has been a champion for equal justice and eontinues to be committed to improving the qaali~' of life for aH people. In an effort to continue this critical work the Collier County Branch b boating their annual Freedom Fund Banquet, Silent Auction and Dunce. It will be held an Satttrday, October 19, 2002 at the lovely Eilts Lodge, 3950 Radio Ro~I, Ntis, Florida. The annunl banquet is our princ~al fund raising event of the year. This letter is go request your m~ck needed support which will go a long way in belpMg us to continue go provide and expand the educatlana~ yo~ wed:a, lteaith and other important social programs. This yeur we have designed several ways for yott go make a contrilm~n. 1) SPONSORSHIPS: There are four levels of sponsorsMps anailoble; the Diamond at the cost of $7$&, the Silver at a cost of $I 000., and Gold at a cost of $1,$00. and the Plotbmm at a cost of $200~, see enclosed Banquet Reservation Fort~ 2) AD $O0'I~NIR BOOKLET: There are several AD Mr. ts. The cost ufa full page is $20~, a italf page cost $125, a fourth page cost $7$..and ~n eighth page cost $$0. We taso offer family or single name options, see otclosod Banquet Rtmwvetion Forna 3) TICKET SALES: You may purchase banquet ticketz F. ack ticket is only $50., see the enclo~d BantlU~ Resonn~lon Form. 4) DONA TIONS: Donations can be made to our Back To ~.lto~y In School Program or go the Branch, see the enclosed Banquet ResennUion Form. Please review and complete the atgoched form that details the contribution method tltat yott would liite go patriciate, in. Mail yottr check and ali forms to: NAACP Co!!t_.r Comuy Srtmdt, A~' Mrs. Linda Ptlarsotk Banquet Chair, P. O. Box 9t0727, N~pits, FI 34116. We must receive your Sponstwskip Form and Somw. ttlr Journal Farm No Later Than AUGUST 31, 2002. On tn~f of t~t NAACP F-~tave ~otam~ttee we wouht tt~e to th~ yo~ tn ~mce for yo~ mggur~ Llnda g- Peurson 2002 $anqttet Chair NAACP BANQUET RESERVATIONS SPONSORSHIPS Please check below for reservations. PLATINUM $2000. TOTAL~ Includes eight (8) tickets for the banquet, a full-page ad in the souvenir journal (the inside front and back covers and the outside back cover will be allotted to thc first three Platinum SPONSORS), and special r~cognition at the · banquet. GOLD $1500. TOTAL ~ Includes six (6) tickets, a half page ad in the souvenir journal, and special recognition at the. banquet. SI]_,VER $1000. TOTAL ~ Includes four (4) tickets, a half page ad in the souvenir journal, and special recognition ax the banquet. DIAMOND $ 750. TOTAL Inclucies two (2) tickets, a quarter page ad in the souvenir journal, and special recognition at the banquet. For Ad sizes refer to: Souvenir Journal form. INDMDUAL TICKETS I Tickets $50. each $~0.~' Total We will not attend but would like to make a contribution $ Total Donations Only!! Make checks payable: NAACP Collier County BTS/SIS Program. Ticl~.ts Sales: Mal~e checks payable: NAACP Collier County. THANK YOU FOR YOUR GENEROUS SUPPORT! COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier Countv matters. In accordance with Resolution No. 99-410, Commissioner James D. Carter hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: 2002 Excellence in Industry Awards Luncheon Public Purpose: Interact with constituents and award recipients Date of Function / Event: September 18, 2002 Amount to be paid by the County: $45.00 =.DC To: The Carter Date: $119102 '15me: 4:44:00 PM Page 2 of 2 Mark Yeur Calendar( THE ECONOMIC DEVELOPMENT COUNCIL OF COLUER COUNTY CORDIAm m Y INVITES You To ATrEND THE IN CONJUNCTION WITH THE 1 9TM ANNUAL FLORIDA INDUSTRY APPRECIATION WEEK Wednesday, September 18, 2002 11:00 a.m. - Registration The Ritz-Carlton, Naples Keynote Speakers Rick Inatome CEO, Mentor Capital Partners Co-Founder, Computer City & Inacomp Computer Centers Robert Porter Lynch President, The Warren Company Chairman, Association of Strategic Alliance Professionals, Inc. (ASAP) YesJ I will attend the 2002 Excellence In Industry Awards Luncheon. AHendee Name (s) ~~S ~' C~~-~T--~'b' , C-~-~'~ Amount Enclosed: $ Payment by: ~CC heck Card Number Expiration Date Signature: $500.00 for table of ten or $45.00 per person. ~1 h~astercard ~1 Visa Please retum by Friday, 5ep~mber 13, 2002. Mail: Economic Development Council of Collier Count, 3050 North Horseshoe Drive, Suite 120 ° Nap/es, FL 34 T 04 Fax: 239/263-602 ! E-maih edc(~eNaplesFIorlda, com On-line: htfp: //www.efqaplesFIorida.com/events/viewevents.php3 Grand Sponsor: Premier Sponsors: Bank of America/~.,4~ NCH SEP I 0 2::2 Alllea :~ponsor-a= F.N.B. Corporation Quarles & Brady LLP COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Tom Henning hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: 2002 EDC Excellence in Industry Awards Luncheon Public Purpose: To interact with constituents and award recipients Date of Function / Event: September 18, 2002 Amount to be paid by the County: $45.00 Date: 8/20102 Time: 12:33:10 PM Page 2 of 2 From: EDC To: The Henn~ng A~__-.rk Ir~ur C_~lend~r( THE ECONOMIC DEVELOPMENT COUNCIL OF COLUER COUNTY CORDIAl l_y INVITES YOU To ATTEND THE IN CONJUNCq'ION WITH THE 1 9TM ANNUAL FLORIDA INDUS'FRY APPRECIATION WEEK Wednesday, September 18, 2002 11:00 a.m. - Registration The Ritz-Cadton, Naples Keynote Speakers Rick Inatome CEO, Mentor Capital Partners Co-Founder, Computer City & Inacomp Computer Centers Robert Porter Lynch President, The Warren Company Chairman, Association of Strategic Alliance Professionals, Inc. (ASAP) Yesl I will a;tterjl:l, the 2,002 Exaeilence In Industry Aw_grds Luncheon. Company"/ ~'] Phone ~, --, A -- ,..-~ ,, .,., ~ -, . Attendee Name (s) $500.00 for table of ten or $45.00 per person. Amount Enclosed: $ Payment by: Q Check ~/v~astercard CI Visa Card Number Expiration Date Signature: Please return by Friday, September 13, 2002. Mail: Economic Development Council of Collier County 3050 North Horseshoe Drive, Su/te 120 ° Naples, FL 34104 Fax: 239/263-602 ! E-moil: edc(~NaplesFIoricla, com On-line: hffp://www.d~'laplesFI°rida'c°m/events/viewevents'php3 Grand Sponsor: Premier Sponsors: Allied Sponsors: F.N.B. Corporotion Quarles & Brady LLP COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Jim Coletts~ hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: EDC 2002 Excellence in Industry Awards Luncheon Public Purpose: To represent the County and learn about what has happened through the Economic Development Council as it pertains to the County. Date of Function / Event: September 18, 2002 Amount to be paid by the County: $45.00 Mileage: From: EDC To: The Coletta Date: 8/20/02 Time: 10:46:54 AM Page 2 of 2 ECO'~OMJC DEV~LOF'I~',IT COUt~ClL OF COLLIER COUNTY NA~ES, FLORIDA THE ECONOMIC DEVELOPMENT COUNCIL OF COLUER COUNTY CORDIALLY INVITES YOU TO ATTEND THE IN CONJUNCTION WITH THE 1 9TM ANNUAL FLORIDA INDU~'RY APPRECIATION WEEK Wednesday, September 18, 2002 11:00 a.m. - Registration The Ritz-Carlton, Naples Keynote Speakers Rick Inatome CEO, Mentor Capital Partners Co-Founder, Computer City & Inacomp Computer Centers Robert Porter Lynch President, The Warren Company Chairman, Association of Strategic Alliance Professionals, Inc. (ASAP) Yesl I will attend the 2002 Excellence In Industry Awards Luncheon. Company Phone Aflendee Name (s) $500.00 for table of ten or $45.00 per person. Amount Enclosed: $ ~A-'/ AT' l'l'tlE~O01'~ Payment by: CI Check Q Mastercard CI Visa Card Number Expi ration D/~ /'~ Signature:( Plea. retu~by Friday, Septen~er ! 3, 20~. Moji: Economic Development Council of Col/Jet County 3050 North Horseshoe Dr/ye, Suite 120 · Nap/es, FL 34 ! 04 Fax: 239/263-602 E-moih edc(~eNoplesFIoricta, com On-line: hffp: //www.elqoplesFIorida.com/events/vlewevenfs.php3 Grand Sponsor: Premier Sponsors: NCH F.N.B. Corporation Quarles & Brady LLP COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Fiala hereby requests that the Board of County Commissioners approve for payment by the Clerk his, her attendance at the following function / event: Function / Event: EDC's 2002 Excellence in Industry Awards Luncheon Public Purpose: To interact with constituents Date of Function / Event: Wednesday, September 18, 2007 Amount to be paid by the County: $45.00 Mileage: ~S. FIO~ THE ECONOMIC D~~PME~ COUNCIL OF CO~ER COU~ CO~IA~Y IN~TB YOU To A~ND THE IN CONJUNCTION WrrH THE 1 9TM ANNUAL FLORIDA INDUSTRY APPRECIATION WEEK Wednesday, September 18, 2002 11:00 a.m. - Registration The Ritz-Carlton, Naples Keynote Speakers Rick Inatome CEO, Mentor Capital Partners Co-Founder, Computer City & Inacomp Computer Centers Robert Porter Lynch President, The Warren Company Chairman, Association of Strategic Alliance Professionals, Inc. (ASAP) Yes.~ I will attend the 2002 Excellence In Industry Awards Luncheon. Company__ ____ _ x., ~ ~ x $500.00 for table of ten or $45.00 per person. · ~ ' ' Amount Fnclo.~Kl: $ ~':\,,.~ Payment by: Q Check Q ~ercard ~ ~ Card Numar L~ ~ ~ ~piration Date ~:~~~_ Sign~ure: Pl~e ~m by F~, ~er 13, 2~. E~nomic Development Coun~l of Collier C~n~ 3050 No~ Hommhoe Dr~e, ~i~ 120 * Napl~, FL 34104 E-maih ed~l~lori~.~m ~ On-line: h~://~.~apl~Flod~.~m/~en~/v~w~en~.ph~3 ~ Grand S~nsor: Premier Spon~m: NCH .B. Corporation Quarles & Brady LLP BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 10, 2002 FOR BOARD ACTION: 1. Disbursements for July 12, 2002 - July 19, 2002 2. Disbursements for July 27, 2002 through August 2, 2002 3. Disbursements for August 3, 2002 through August 9, 2002. 4. Disbursements for August 17, 2002 through August 23, 2002. B. Districts: Medittera South Community Development District - Minutes of Unaudited Financial Statements and Minutes of May 22, 2002. Heritage Greens Community Development District - Unaudited Financial Statement and Minutes of January 14, 2002. Key Marco Community Devleopment District- Minutes of May 30, 2002 and Proposed budget for fiscal year 2003. Fiddler's Creek Community Development District - Minutes of June 26, 2002 and Unaudited Statement dated May 31, 2002. Port of the Islands Community Improvement District - Minutes of June 21, 2002 and Financial Report June 21,2002. C. Minutes: Collier County Planning Commission_- Agenda for August 1, 2002, Agenda for July 18, 2002 Health and Human Services Advisory Committee - Agenda for May 16, 2002, Minutes of May 16, 2002, Agenda for April 18, 2002, Minutes of April 18, 2002, Notice and Agenda for April 10, 2002, Minutes of April 10, 2002, Agenda for March 21, 2002, Minutes of March 21, 2002, Draft Agenda for February 21, 2002, Minutes of January 17, 2002 and February 21, 2002, Agenda for January 17, 2002, Minutes of January 17, 2002. H:Data?Format Collier County Contractors' Licensing Board - Agenda for July 17, 2002 mmI A END ,TE Golden Gate Area Master Plan Restudy Co tteeN-^cr.~, g _ ,a, refl~}~_~ ~uly 1 2002 ' SEP 10 OOZ / pg. t o 10. 11. Other: Community Character Smart Growth Advisory Committee - Agenda for May 22, 2002, Minutes of May 22, 2002. Pelican Bay MSTU Advisory Committee - Agenda for July 11, 2002 Immokalee Local Redevelopment Advisory Board- Minutes of April 25, 2002; Minutes of May 23, 2002, Minutes of February 28, 2002, Minutes of March 28, 2002. Collier County Historic and Archaeological Preservation Board - Agenda for July 17, 2002; Minutes of June 19, 2002. Workforce Housing Advisory Committee - Agenda for July 1, 2002 Minutes of July 1, 2002. Immokalee Local Redevelopment Advisory Board - Agenda for July 25, 2002, Agenda for August 22, 2002 and Minutes of July 25, 2002. Productivity Committee Meeting Minutes of July 17, 2002. 1) Clerk of the Circuit Court for Collier County - Payment of Publication Notice for Unclaimed Funds. 2) Guy L. Carlton, Collier County Tax Collector - Errors and Insolvencies List for Tax Year 2001. 3) Guy L. Carlton, Collier County Tax Collector - FY 2001-2002 Budget H:Data/Format AG[NDA ITEM Pg. ~ EXECUTIVE SUMMARY ACCEPT A CIVIL TRAFFIC INFRACTION HEARING OFFICER GRANT-IN-AID FROM THE OFFICE OF THE STATE COURT ADMINISTRATOR AND AUTHORIZE CHAIRMAN TO SIGN THE AGREEMENT (FY03 GRANT REVENUE OF $6000). OBJECTIVE: To accept a Civil Traffic Infraction Hearing Officer Grant-in-Aid of $6,000 from the Flodda Office of the State Court Administrator [OSCA]. CONSIDERATION: Collier County has been awarded a Civil Traffic Infraction Hearing Officer Grant-In-Aid for $6,000 from the Florida Office of the State Court Administrator. This is a 50/50 matching grant. The county's in-kind match of $6,000 is included in the FY 03 tentative budget. A work plan for the expenditure of the grant funds and a request for the funds must be submitted by September 15, 2002. Staff recommends funds be used for the payment of contractual hearing officers at the rate of Fifty ($50.00) Dollars, per hour. The Chief Judge of the Twentieth Judicial Circuit has agreed to this allocation. This Agreement has been reviewed by the Office of the County Attorney for legal sufficiency. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. FISCAL IMPACT: The $6,000 Grant funds will be credited to the FY 03 General Fund (001) State Court Grant Account to off set court related expenses and will be expended in conformance with the Grant-in-Aid Agreement from OSCA. The county's in-kind match requirement of $6,000 is included in the FY 03 Court Administration, Fund (681) tentative budget.. RECOMMENDATION: The Board of County Commissioners accept the Grant-in-Aid of $6,000, authorize the Chairman to sign the Agreement and approve the work plan. Prepared by: ~ Date: August 23, 2002 Mark Middlebrook Sr. Deputy Court Administrator Appr.oved l~Date: August ~--~"~1, /l~j~,'C'6~nty Attorney,' ' 2002 SEP zuu/ Grant-ink,id Agreement for thc Civil Traffic Inflation Hearing Officer Program in Collier County, Florida This Agreement is made among_the Office of the S~r_e Coum Administrator (the 'OSCA'), the Collier County Board of County Commi.sione~ (the "GranteF~.,. and the. Twentieth Judicial Circuit (the "Gran~ Manager") ' The parties agree that: A. Thc .O. SCA will pay. the G-mntee $g,900 as a 50/50 matching l~F~. t-in-aid pursuant to Specific Appropr~tio. n.3. 205_of.the, 20~.,2-0,3 C?neraLAppropriations Act for establishment ~ _comm~. -.u~.of a e..l.vfl m~c ,.-.-'aenpn near]~..g o.m~r ~gram m Collier County. B. The Clerk 9.f, the~Co .urt. for..Cp,llier County will ..act as Fiscal Agent for the Grantee for ~oU~.eses~ orm. e tJ.,,mnt-m-A~a Agreement. As FlscaI Agent, the Clerk of the Court for. ;om, ¢.r ~ounty wm acg. ept grant .funds on beJaalf of the Grantee, and will disburse those mnos m accordance w~th the requtremcnts of the Grant-M-Aid Agreement. C. The Grant Manager will oversee the establishment, administration and operation of the civil traffic refraction hearing officer program. - D. . The .Crmnte.e ~ use gmn_t moniespro .vided under this Agreement in accordance with the rcqmrements of §§318.30-318.38, Florida Statutes, and rule 6.630, Florida Rules of Traffic Court. 1. The ..Ch'an,tee will use~grant funds to pay up to $50 per hour for services of a full. or part-time nearing omcer appointed by the chief judge, and for other expenses ~nec .es. sary to p .p~c..the pm.gram, z., in,cluding hearing officer training, office rental, rurmmre, an{1 adnmnslxalav¢ storz salaries. 2,- The Crrantee will submit a written requisition to the OSCA for release of grant funds no later than September 15, 2092. 3. wi. th th, Cyef 3udge of the T,.,aeta C ai; .ia summt a aetauea, wnmm ptan mr use of grant funds and operation of the hearing officer program to the OSCA no later than September 15, 2002. 4. .T~.e ,Gra~.. tee. will invest grant .fu~_ ds that are surplus to current nceds, or_pending dtstnbuuon m accordance with the requirements of §219.075, Florida Statutes. 5. The Cuantee will release grant funds in accordance with Collier County purchasing policic~ and rules. 6. The Grantee will not use grant funds for lobbying the Florida legislature, the judicial bnmch, or a state agency. E. The Cmmtee, as a "Recipient" of slate funds, will comply with the Florida Single Audit Act, section 215.97, Florida Statutes, as follows: se~Ce, ss ox~a.uu,.u~ m. ? .e~..,em s nscm y~r, ~e P.~cipi{mt must hav~ a Sram ~o~e. or_projeet-~ ~ for such fiscal year m accordance with section 215.97, ~onfla ~tatutes, mm applicable rules of the Executive Of~e of the Governor, the 1 of 3 A G E N D'A"~EM I(,,v... SEP 10 ZOOZ Com troller and the Auditor General. Applicable rules of the Executive Office of the GovtePm~or, the Auditor General, and Comptroller, and other information pertaining to the Florida Single Audit Act can be foundat . http://www.m¥florida.corn/myflonda/govemment/governonn~tmnves/fsaa/links- html The Catalog of State Project_s estab~sh?s tha^t so,.tate f~_ .ds _were a_warded, t.o Recipient through the State courts ~ystem., ?mce o.t'the State courts ^.am~, strat.or. The Catalog or,tare Projects number for tins grant ~s 22.001. Informauon n-om me Catalog can be found at: . . .... http://www.m¥florida.comJmyflonda/govemment/govemonnmatlves/fsaa/mdex- html In determining the State awards ex, pe.nd~,d i~. its~.fis, cal~ye~, _th_e_:_R._ec~i~en_.t ~eallstate · urces of State awaras, mcluamg state nmos reemv=u uum consider all so · ' eral Courts System, except that State awards received by a nonstate entaty for Fed program matching requirements shall be excluded from cons~derauon. The Recipient shall ensure that.the a_udi, t c..ompli?s .~with t,h.e req ~ujrem,ents o 215.97(7), Florida Statutes, and the S .t.mte~roJe. cts t..ompnance ~uppiemem. Projects Compliance Supplement can be round at . htto ://www.myflorida.com/my_flo .rid.a/gov.emment!~°vern,°nmt mtl,ve,s/fsa, a/, index;. htr~l. Compliance includes submission ota ~¢portmg package as ae~meo t)y section 2151'97(2)(d), Florida Statutes. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97 is not required. Audit costs may not be charged to state projects when the Recipient expends less than $300,00Oin State awards. Unless prohibited by law, the cost of an audit required by section 215.97 is an allowable charge to a state project. However, charges to state projects should be limited to those incremental costs incurred by Se Rec!pient a.s a res.ult o~f, the..au.dit. requirements of section 215.97 in relation to other audit requLrements, lne Kemp~em should allocate the incremental costs to all state projects for which it expended state financial assistance. The Recipient shall submit copies of reporting packages required by section 21 $.97 to each of the following: a. The Office of the State Courts Administrator at the following address: Donna Brewer Grants Administrator Office of the State Courts Administrator 500 South Dural Street Tallahassee, FL 32399-1900 b. The Auditor General at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 The Recipient shall, retain .s~ffi, ci~e.nt recor~ds de.m, oms,_.wa_t~_g aCuO~.tPr~ is~stissut~e,~ t~gs of this Agreement tora penoo, o! ~ ears trom me_ _oa___w. m~ au~, ~,.l,~i,,i,~ shall allow the OSCA access to suc[ records .... ,. audit wo, n ,a,,,, mad, period of 4 years from the date the audit report is ~ssuea, umess cxt= by the OSCA. AGEN~'A 2 of 3 SEP 0 ZUU ' ,t. to ?etlon,215197.,, the O.SCA,~?.Florida Supreme Court Inspector General, .AU~. mr %eneml_ano o.mer s.mm ommais ..may. conauet additional audits or evaiuanons ot-stat~ fmmaeim ~tstanee provided to the P,~ipient under this Agr~ment. F. Th~ Agreement is subject to tim following t~rms and conditions: ~ _ mwnmy appmptmum mr me purposes s~__~ m l'aragr~hs A and B. entm a~eomance Mm amc z.o~ l, vionda Pules of Sudicial AdminisUafiom The Grantee will hold tide to any equipment pun:~ with gram funds, unl~ general hw provides othmwi~. ?~. ~..~er wm c~.m~pl, lt M~m .mc ~.~..c~. _ .c.~. va,th D'~mabilhics Act, thcCivil Rights Qe.~ o,x t~..o~,.as ~t~. v.ion.aa t~lvfl. R~,gh~ A_ct of 1992 and any other federal or sram mw mai prommm mscrunmanon on me ~as~s of race, color, national orion; religion, sex, age, marital status, or handicap. ~, in the,. ~j, .ud_~. ent of the ..OSC~A,~tl}e G...~. tee fo.r any. mason fails to comply with the .tq-rms or. uus .,,,~eement, m.e u;~.. win nave mc rigltt to t~amin~t~ the Agi'eement on 30 ?aEs ~w~t~e~ _n. no.~ce by _cert~.' cd mail._ In the event o~.tennina~on, the Crmntee will return ~ me u:s .c^ .all.~ tun?,..except those.expended m compliance with this Agreement, zor reversion m me oenerm Aevenue Funa or the County Article V Trust FUnd A This Agreement constitutes the entire understandiniI of the Imrties. All modifications to the greement must be in writing. This Agreement is effective on the date of execution and will te, rminn~ on Jime 30, 2003. FLORIDA SUPREME COURT, OFFICE OF THE STATE COURTS ADMINISTRATOR GRANTEE Robin L. Lubitz State Courts Administrator Date The Honorable James N. Colett~, Jr., Chair Board of County Commissioners Collier County Date GRANT MANAGER The Hono~bk Willlsm L. Blsekw~ll Chief. Tw~a~geA~dieial Ckeuit ATTEST: DWIGHT E. BROCK, Clerk Approved for form and legal sufficiency with respect to Coll ier County ~, County lf. torney Attest as to Chairman' s signature only. 3 of 3 AGENDA ITE~ SEP I 0 ZUUZ Civil Traffic Infraction Hearing Officer Grant-in-Aid County/Circuit: Collier/Twentieth Amount of Award: $6,000 Grant, FY 2002-03 Total Budget: $ 12,000 (Grant plus Match) Spending Plan Cstegor~' [FULPERSONNEL L TIME EQUIVAI.ENT {lrrE) Grant-in-aid County Cash Match County In-Kind Match Sub-Totals ~THER PEI~ONNEL SERVICES CONI'RACTUAL AGREEMENTS Hearing Officers ~,PENSE )TI'i~R CAPITAL OUTLAY (oeo) CAPITAL OUTLAY Please sign below: CHIEF JUDGE CHAIR, BOARD OF COUNTY COMMISSIONERS DATE DAT! AGENDA ITEM No. 9nfl? Civil Traffic Infraction Hearing Officer Program Fiscal Year 2002 / 2003 Counties with [ ] 3 or more Judges # of as of July 1, 2002 County Available Minimum Maximum (Participating; Counties Only) Circuit Judses Match Allocation [~!:AII~-~61~-] Allocation* Escambia 1 5 $10.000 $15.583 ~[ $25,000 Okaloosa 1 3 10,000 9,350~!~~! 15,000 Leon 2 5 7,ooo ,5,583 ~[ 25,00o Duval 4 ,5 75,000 46,749 ~~[ 75,000 Marion 5 3 10,000 9,350 ~J 15,000 Pasco 6 4 13,960 12,466 ~~:~. ~:'~[ 20,000 43 I~,'~_~ ~! Pinellas 6 14 30,750 ,632 ~-~B0~75([ ~! 70,000 Volusia 7 9 30,300- 28~049 ~~ 45~000 Orange 9 15 75,000 46~749 [~~] 75,000 Osceola 9 3 15~000 9,350 ~ ~.~ 15,000 Polk 10 9 45,000 28,049 ~~ 45,000 Dade 11 41 205,000 127,780 ~~ '205,000 Manatee 12 3 15,000 9,350~',~ 15,000 Sarasota 12 5 25,000 ' 15,583~~.: ~[ 25,000 Hillsborough 13 15 75,000 46,749 ~~ 75~000 Bay 14 3 15,000 9,350~~_~!!..~.!=!~! 15,000 Monroe 16 4 20,000 12,466 ~! 20,000 Broward 17 26 82~340 81,031 ~ 130~000 Brevard 18 8 40,000 24,933 ~~:~ 40,000 Seminole 18 5 25~000 15,583~.~.:~_.__.: r.. ...... 25,000 St. Lucie 19 3 15,000 9~350 15,000 Collier 20 3 6,000 9,350 ~ 157000 223 $948,760 $695,000~.~ $1,115.000 Based upon formula in proviso which authorizes $5,000 for each county court judge in counties with three or more county judges. ,.~b:V~mg_ofJ~:ivt~aff. wb3; 15-Ju1-02 AGENSA ~TE;,~ SEP ~0 zoo? Civil Traffic Infraction Hearing Officer Program Grant-in-Aid Release Request ATTN: Donna Brewer Grants Administrator Office of the State Courts Administrator Florida Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399-1900 Dear Donna: In accordance with the Grant-in-Aid Agreement executed with Col 1 ±er County, the 2 0 th Judicial Circuit, and ttie Office of the State Courts Administrator, I hereby request the release of $ 6,0 0 0.0 0 as specified in the Agreement for fiscal year 2002-03. The amount is equal to the total grant-in-aid to the county. Collier County Board of County Commissioners. Please make check payable to At the address of 3301 Tamiami Trail East, Collier County Government Complex, Naples, Florida 34112 Sincerely, Chair, Board of County Commissioners Approved for form and legal sufficiency with respect to AGEh;!Z-/', ITEM No I~/(.. l_. SEP 10 zOO7 EXECUTIVE SUMMARY REQUEST THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT TRANSFERRING FUNDS FROM GENERAL FUND RESERVES TO THE SHERIFF'S OFFICE BUDGET. O]IIF.,.C..IIY. F~ To seek Board approval for a budget amendment transferring $840,000 to the SheriWs budget to cover personnel costs. CONSIDERATION: During each budget year, by Board policy, the Sheriff's budget is reduced by 4% for anticipated vacancies. Many positions within the Sheriff's Office are mandatory posts, i.e., Corrections and Communications. In order to fully staff those critical areas, overtime is required. Critical site patrols added since September 11, 2001 have also added overtime costs to the Sheriff's budget. The requested amount is consistent with budget forecast submitted at 2003 budget workshops. FISCAL IMPACT: Funds are requested to be transferred from general fund reserves to the Sheriff's operating budget. Reserves in the amount of 5%, or $4,061.700, were budgeted per Board policy as Sheriff's Office reserves and 53,684,100 remains available. GROWTH IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the budget amendment to transfer funds in the amount of $840,000 from general fund reserves to the Sheriff's budget. · -_ '_ ance!Director~-') APPROVED BY:'-.. ~)~ In ~_ .~:..'.~.,, REVIEWED BY: James V. Mudd, County Manager MsWord\findoc\Exec Sum - reserves OT 02~bh AGENDA ITEM No. 16, ~"_0Q'- SEP 10 2002.. Pg., EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING THE BORROWING OF AN AMOUNT NOT TO EXCEED $1,800,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE PURCHASE OF A MOBILE DATA INFRASTRUCTURE FOR THE IMPLEMENTATION OF THE MOBILE DATA PROJECT, INCLUDING THE REIMBURSEMENT OF CERTAIN EXPENSES INCURRED, IF NECESSARY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a loan from the Commercial Paper Program in an amount not to exceed $1,800,000 to purchase mobile data infrastructure for the implementation of the Mobile Data Project. CONSIDERATIONS: On November 13, 2001 the Board of County Commissioners approved the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission as the funding mechanism for the aforementioned project. The loan is being structured in an amount not to exceed $1,800,000 and will be drawn on a schedule to minimize any arbitrage exposure. The loan will be for five years with semi-annual principal payments and monthly interest payments. FISCAL IMPACT: A loan in an amount not to exceed $1,800,000, which shall be repaid ~vith moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad-valorem taxing power of the County will never be necessary or authorized to make the loan repayments. Debt service will be budgeted in Fund 299, Commercial Paper. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing a loan in an amount not to exceed $1,800,000 from the Commercial Paper Program as the funding source for the aforementioned project. Prepared By: Date: Michael Smykowski Director of the Office of Management and Budget Chairman, Finance Committee AGENDA ITEM~ No. SEP 0 .OOZ Pg.,, I _ EXECUTIVE SUMMARY REQUEST BOARD AUTHORIZATION AND EXPENDITURE OF FUNDS FOR THE PURCHASE OF MOBILE DATA INFRASTRUCTURE FOR IMPLEMENTATION OF THE MOBILE DATA PROJECT. ~ To obtain Board authorization for the purchase of the Mobile Data Infrastructure for implementation of the Collier County SheriWs Office Mobile Data project. CONSIDERATION: The Sheriff's Office has previously funded this project through grants. This project has been in development since Fall of 1998 with the initial computers issued to deputies in Summer 1999. The procurement of hardware and software has created a high level of computer usage and subsequent time-savings throughout the Sheriff's Office Road Patrol and ancillary divisions. An RFP was issued and based on the recommendation of a Collier County SheriWs Office committee (which has involved representatives of Fire and EMS) and the recommendation of the external communications consultant, Motorola has been selected to create the Mobile Data infi-astmcture. We are therefore requesting funding for the purchase of hardware and software. FISCAL IMPACT: The cost of the proposed infrastructure is $1,503,984.00, twenty percent of which ($300,796.80) is due at the first milestone on December 12, 2001. Funds in the amount of $1.8 million for the project were budgeted and are available in County Wide Capital Project fund (301) under project number 01020. This purchase will be financed over five years. Principal and interest payments have been budgeted at $453,500. Source of funds will be the General Fund. GROWTH IMPACT: Recurring costs for subsequent years' maintenance charges will be included in the SheriWs Office budget effective next fiscal year. I~,ECOMMENDATION: That the Board of County Commissioners approve the request and authorize the expenditure for the purchase of mobile data infrastructure for the implementation of the mobile data project. _ _~ectorLJ , APPROVED B ~ter.~eriY~ ~--~v ,~-~ ,fft~ ~ October 29, 2001 AGENDA ITEM No. SEP 10 pg. Z- AGENDA ITEM No. t NOV 1 3 2001 Pg. / Sher-mobData Debt Analysis for Sheriff's Mobile Data Infrastructure Date 10/01/01 Loan amount 1,800,000 Total Principal Paid Pymt Amount[ [ 360,000 [ Total Interest Paid Interest Rate 5.0%I Total Paid 1,800,000 270,000 2,070,000 Sheriff's Mobile Data Infrastructure (5 Year Amortization) Principal Interest Total Arbitrage Year 1 $ 360,000 $ 90,000 $ 450,000 3,500 Year 2 360,000 72,000 432,000 3,500 Year 3 360,000 54,000 414,000 3,500 Year 4 360,000 36,000 396,000 3,500 Year 5 360,000 18,000 378,000 3,500 Total $ 1,800,000 $ 270.000 $ 2,070,000 $ 17,500 Annual Total 453,500 FY02 435,500 FY03 417,500 FY04 399,500 FY05 381,500 FY06 $ 2,087,500 AGENDA ITEIVL-._~ I SEP lO 2002 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $1,800,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION AND IMPLEMENTATION OF MOBILE DATA INFRASTRUCTURE WITHIN THE COUNTY, INCLUDING THE REIMBURSEMENT OF CERTAIN EXPENSES INCURRED BY THE COUNTY IN CONNECTION THEREWITH, IF NECESSARY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WIIH A COVENANT TO BUDGET AND APPROPRIAIE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. AGENDA ;TEM No. SEP 10 2OO ' "Board" means the Board of County Commissioners of the County. "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "C ounty Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw Date" has the meaning set forth in the Loan Agreement. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan No. A-25-1" means the Loan designated as "Loan No. A-25-1" the proceeds of which are to be used to f'mance Project A-25. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan Rate" has the meaning set forth in the Loan Agreement. AGENDA ITEM No. /~ .___. SEP 10 pg.. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-25" means the costs and expenses relating to the acquisition and implementation of mobile data infrastructure within the County, as the same may be amended or modified from time to time and as more particularly described in the plans and specifications on file with the County. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. AGENDA ITE~ SEP 10 ZO0 Pg.. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. that: FINDINGS. It is hereby ascertained, determined and declared (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the county to finance Project A-25 and the most cost-effective means by which to finance Project A-25 is by the use of moneys obtained pursuant to the Program by means of the Loan. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A-25-1 pursuant to the terms of the Loan Agreement and the financing of Project A-25 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A-25-1 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (H) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan N°. A-25-1, the complexity of the 4 -- AGENDA ~TEM No transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A-25-1 in the aggregate amount of not exceeding $1,800,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A-25. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County a Loan Note or Notes with respect to Loan No. A-25-1 and other documents, instruments, agreements and certificates necessary or desirable to effectuate Loan No. A-25-1 as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-25-1 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to Loan No. A-25-1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finance Director as appropriate to finance Project A-25 and is permitted by the Loan Agreement. Loan No. A-25-1 shall mature in accordance with the provisions described in Schedule I attached hereto or in such other amounts and at such other times as the Finance Director may determine. Loan No. A-25-1 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter o'fCredit fees for Loan No. A-25-1 shall be 30 basis points or such other amount as Wachovia Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-25. The County does hereby authorize the acquisition and construction of Project A-25 and the reimbursement of any costs incurred by the County with respect to Project A-25 within the prior 60 days. SECTION 6. SECURITY FOR THE LOAN; PREPAYMENT. The County's obligation to repay Loan No. A-25-1 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-25-1 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do 5 No ____/_c SEP 10 ZOOZ Pg._ £ all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION10. EFFECTIVE DATE. immediately upon its adoption. This Resolution shall take effect AGEND~ITEM I Nc). .... L~____~~- Pg.__ ? DULY ADOPTED this (SEAL) ATTEST: day of September, 2002. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AGEND4~ ITEM No._.~/~, ~ _~ SEP 10 ~00~' Pg-_ SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of Loan No. A-25-1 shall be repaid as follows: December 2, 2003 December 7, 2004 December 6, 2005 December 5, 2006 $360,000 360,000 360,000 360,000 December 4, 2007 360,000 (or in such other amounts as is borrowed under the resolution pursuant to which this schedule is attached) Interest on the Loan shall be paid monthly in accordance with the terms and provisions of the Loan Agreement. Additional Payments shall also be made in accordance with the Loan Agreement. AGENDA ITEM No /t,/~ _.~ SEP 10 2002 Pg., ~ EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING THE BORROWING OF AN AMOUNT NOT TO EXCEED $1,400,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE PURCHASE EQUIPMENT AND SERVICES NECESSARY TO ADD TWO ADDITIONAL TOWER SITES TO THE COUNTY'S 800 MH~ RADIO SYSTEM, INCLUDING THE REIMBURSEMENT OF CERTAIN EXPENSES INCURRED, IF NECESSARY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a loan from the Commercial Paper Program in an amount not to exceed $1,400,000 to purchase equipment and services necessary to add two additional tower sites to the County's 800 MHz radio system. CONSIDEI~4TIONS: On June 25, 2002 the Board of County Commissioners approved the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission as the funding mechanism for the aforementioned project. The loan is being structured in an amount not to exceed $1,400,000 and will be drawn on a schedule to minimize any arbitrage exposure. The loan will be for five years ~vith serm-annual principal payments and monthly interest payments. FISCAL IMPACT: A loan in an amount not to exceed $1,400,000, which shall be repaid with moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad-valorem taxing power of the County will never be necessary or authorized to make the loan repayments. Debt service will be budgeted in Fund 299, Commercial Paper. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing a loan in an amount not to exceed $1,400,000 from the Commercial Paper Program as the funding source for the aforementioned project. Prepared By: /~ ,~7~'~ Date: J~es L. Mitcl[e~, CIA, CFE, CBA lYtrector of Finance and Accounting Approved By: Michael Smykowski Director of the Office of Management and Budget Chairman, Finance Committee Date: AGENDA ITEMt.J -I SEP 10 200Z Pg._. / EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO PURCHASE EQUIPMENT AND SERVICES NECESSARY TO ADD TWO (2) ADDITIONAL TOWER SITES TO THE COUNTY'S 800 MHz RADIO SYSTEM AT A COST OF $1,400,000 FINANCED OVER FIVE (~) YEARS. ~ Request Board approval to purchue equipment and services necessary to add two (2) additional sites to the County's 800 MHz radio system at a cost of $1,400,000 CONSIDERATIONS: On October 26, 1994 the Board approved contract 94-2201 with Ericsson Inc., now M/A-COM Private Radio Systems Inc., for construction of the 800 MHz trunked radio system. The contract included radio signal coverage criteria based upon population density and anticipated growth. Since system implementation there has been significant growth in many areas of the county and some of this growth was not anticipated when the coverage criteria were established. County staff requested that the 800 MHz Advisory Committee, which represents the various radio system users, (Sheriff, Fire, EMS along with the cities of Marco Island and Naples) identify areas where improvements in the original signal coverage specification are necessary. The primary areas identified were east of Collier Boulevard including the Northeast Golden Gate Estates/Orangetree area and the area along US 41 East including the South Blocks area of Golden Gate Estates. Available demographic data and first hand experience identify these areas as needing radio system improvements. · The original coverage criteria were designed for low-density residential development. Population estimates, compiled by the County's Comprehensive Planning Section, project 60°5 growth in population from 27,445 residents in 2000 to 44,420 residents in 2007 in north south corridor between these areas. Increased population generates increased calls for public safety service, requiring a higher level of r~liability and signal coverage fi'om the radio system. In addition to the continued growth in the Golden Gate Estates area an( the Orangetree development, PUD maps indicate several large PUDS ~der construction or approved in the north south corridor east of Collier Boulevard. Pg.. AGENDA ITEM. No. /~4' Lit SEP 10 2002 Executive Summary Page 2 · An elementary and middle school has been completed in the Orangetree development and contracts have been issued for construction of a hiF. h school in the same area. Based upon input f~om the Advisory Committee, M/A COM wn~ tasked to develop a plan to expand the radio system to meet the desired signal coverage enhancement. M/A COM responded with two alternatives. Both alternatives reconu'nendcd the addition of 2 tower sites to the simulcast system. Alternative A: utilizing new technology, would require an upgrade to existing equipment and technology in addition to the new sites at a total cost of $4.8 million. The new simulcast technology is a change in the operating system not in r~io system performance. As a result field users would not see a corresponding benefit between thc investment in new technology and radio system operation. Alternative B: utilizes simulcast equipment and technology identical to thc County's existing sites, eliminating the need to for a technology upgrade, at a total cost of $1.4 million. This alternative includes the use of refurbished equipment compatible with the County's existing system. There is a limited inventory of the refurbished equipment and it is sold on a first come first serve basis. In order to recognize the savings on this upgrade it must be purchased at this time. Staff and the 800 MHz Advisory Committee have carefully evaluated both proposals. As a result of this evaluation the $1.4 million alternative is recommended based upon the following information that addressed two concerns, maintenance support for the refurbished equipment and condition of the equipment: · M/A-COM has confirmed in writing that they are contractually obligated in place to maintain the equipment in alternative B until 2010. This is reasonable life cycle for the current site equipment. · The equipment being sold to Collier County was previously u,~ed in Honolulu County Hawaii. Hawaiian representatives have confirmed that the equipment was operating properly and ~atisfactorily. It was traded in because they opted to complete a major redesign of the radio system resulting in the need for significant new equipment. The equipment will be warranted for ninety days and will then be covered under the County's malntemmce a~reement. This ups;fade does not require the replacement or upgrade of any radio equipment utilized by agencies using the radio system. This upgrade involves modification of the radio system infraslJ'ucture only, so in accordance with past practices the County is responsible for the upgrade. AGENDA ITEM ~,C=''~ SEP 10 2.[102 Pg._. 3 Executive Summary Page 3 ]FISCAL IMPACT: A budget ~nendmcnt is required to establish this project in the County-Wide Capital Projects fund (301) under project number 01851 for $1,400,000, The Finance Committee has recommended thst this system expansion be funded through a loan f~m the Commercial Paper Loan program. The Gener~ Fund will be obligated for thc repayment of the loan fi'om non-ndvalorem revenues. The estimated FY03 debt service payment, assuming a 5-yeaa' amortization, is approximately $428,500 and is included in the FY03 proposed budget. A budget amendment will be requh'ed to reduce General Fund reserves and transfer funds to the Commercial Paper fund (299) for current year debt service payments. GROWTH MANAQEMENT IMPACT: None RECOMMENDATION:, That the Board of County Commissioners: Authorize the purchase of equipment and services to add two sites to the County's radio system. · Authorize the Chairman to execute an agreement with the vendor following review by the County Anomey's Office. · Authorize a loan in an amount not to exceed $1,4 million from the Commercial Paper Loan Program as the funding source for the site expansion. · Authorize necessary Budget Amendments PREPARED BY:.~'''~ c"7c'~'~' ( '- /~'" ~ '~ "- 'J'b"-hn Daly, Radio Communications Manager REVIEWED BY: Ban'y Axelrod, Mformation Technology Director REVIEWED BY: Jo-Anne Varcoc-Lcamcr, Administrative Services AdminisU ~tor AGENDA ITEM, I No. SEP 10 ,/ ' ": ;.2 Debt Analysis for the 800 MHz Expansion (5 Year Amortization) Principal Interest Total Arbitra~e Annual Total 70,000 $ 350,000 3,500 353,500 FY02 56,000 336,000 3,500 339,500 FY03 42,000 322,000 3,500 325,500 FY04 28,000 308,000 3,500 311,500 FY05 14,000 294,000 3,500 297,500 FY06 Year 1 $ 4 280,000 $ Year 2 ~280,000 Year 3 '280,000 Year 4 ' 280,000 Year 5 ' 280,000 Total $ 1,400,000 $ 210,000 $ 1,610,000 $ 17,500 $ 1,627,500 AGEND~EM '1 No. Z'4/E ~-~ S EP 10 2..OOZ Pg.__ RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $1,400,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION OF EQUIPMENT NECESSARY TO ADD TWO ADDITIONAL TOWER SITES FOR THE COUNTY'S 800 MHz RADIO SYSTEM, INCLUDING THE REIMBURSEMENT OF CERTAIN EXPENSES INCURRED BY THE COUNTY IN CONNECTION THEREWITH, IF NECESSARY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not del'reed herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. AGE~',;DA ITEM No. SEP !0 200Z Pg.__ "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "C ommission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw Date" has the meaning set forth in the Loan Agreement. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan No. A-24-1" means the Loan designated as "Loan No. A-24-1" the proceeds of which are to be used to f'mance Project A-24. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. 2 AGENDA ITEM SEP 10 2002 "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made bythe County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-24" means the costs and expenses relating to the acquisition of equipment, and the installation thereof, necessary to add two additional tower sites for the County's 800 MHz radio system, as the same may be amended or modified from time to time and as more particularly described in the plans and specifications on file with the County. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. AGEI', © ;'[EM No.. ..... / SEP 10 2002 %._ Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. that: FINDINGS. It is hereby ascertained, determined and declared (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and ref'mance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the count}' to finance Project A-24 and the most cost-effective means by which to finance Project A-24 is by the use of moneys obtained pursuant to the Program by means of the Loan. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A-24-1 pursuant to the terms of the Loan Agreement and the financing of Project A-24 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A-24-1 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. 4 AGENDA ITEM No. .... SEP 10 (H) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-24-1, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A-24-1 in the aggregate amount of not exceeding $1,400,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A-24. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County a Loan Note or Notes with respect to Loan No. A-24-1 and other documents, instruments, agreements and certificates necessaryor desirable to effectuate Loan No. A-24-1 as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-24-1 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to Loan No. A-24-1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finance Director as appropriate to finance Project A-24 and is permitted by the Loan Agreement. Loan No. A-24-1 shall mature in accordance with the provisions described in Schedule I attached hereto or in such other amounts and at such other times as the Finance Director may determine. Loan No. A-24-1 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-24-1 shall be 30 basis points or such other amount as Wachovia Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-24. The County does hereby authorize the acquisition and construction of Project A-24 and the reimbursement of any costs incurred by the County with respect to Project A-24 within the prior 60 days. SECTION 6. SECURITY FOR THE LOAN; PREPAYMENT. The County's obligation to repay Loan No. A-24-1 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-24-1 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. AGENF,.~ ITEM~ 1 No._. ~$ A". '-~ SEP 10 2002 p~._ SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance o fall the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. immediately upon its adoption. This Resolution shall take effect No. SEP I 3 2002 Pg,_ DULY ADOPTED this~ (SEAL) ATTEST: day of September, 2002. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -- C~. lYe'S. County Attorney AGENDA ITEM No. la ~__. SEP 10 2.002 Pg._ 1.2, SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of Loan No. A-24-1 shall be repaid as follows: December 2, 2003 December 7, 2004 December 6, 2005 December 5, 2006 December 4, 2007 $280,000 280,000 280,000 280,000 280,000 (or in such other amounts as is borrowed under the resolution pursuant to which this schedule is attached) Interest on the Loan shall be paid monthly in accordance with the terms and provisions of the Loan Agreement. Additional Payments shall also be made in accordance with the Loan Agreement. AGENDA ITEfv~ SEP 10 ?.002 EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING THE BORROWING OF AN AMOUNT NOT TO EXCEED $2,750,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE ACQUISITION OF CERTAIN LAND WITHIN THE COUNTY ASSOCIATED WITH THE CONSTRUCTION OF THE LELY STORMWATER IMPROVEMENTS, INCLUDING THE REIMBURSEMENT OF CERTAIN EXPENSES INCURRED, IF NECESSARY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORRO~VING; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a loan from the Commercial Paper Program in an amount not to exceed $2,750,000 to acquire a 99 acre tract of land identified as the major source of mitigation for wetland impacts associated with the Lely area stormwater improvement project. CONSIDERATIONS: On July 30, 2002 the Board of County Commissioners approved the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission as the funding mechanism for the aforementioned project. The loan is being structured in an amount not to exceed $2,750,000 and will be dra~ on a schedule to minimize any arbitrage exposure. The loan will be for five years with semi-annual principal payments and monthly interest payments. FISCAL IMPACT: A loan in an amount not to exceed $2,750,000, which shall be repaid with moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad-valorem taxing power of the County will never be necessary or authorized to make the loan repayments. Debt service will be budgeted in Fund 299, Commercial Paper. GROWTH MANAGEMENT IMPA CT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing a loan in an amount not to exceed $2,750,000 from the Commercial Paper Program as the funding source for the aforementioned project. cs L. Mitchell, ~IA, CFE, CBA tor of Finance and Accounting Approved By: ~t~~ f' ~. Date: Michael Smykowski Director of the Office of Management and Budget Chairman, Finance Committee AGENDA ITEIV~ ' SEP ZOOZ Pg.,,.. I RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $2,750,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION OF CERTAIN LAND WITHIN THE COUNTY ASSOCIATED WITH THE CONSTRUCTION OF THE LELY STORMWATER IMPROVEMENTS, INCLUDING THE REIMBURSEMENT OF CERTAIN EXPENSES INCURRED BY THE COUNTY IN CONNECTION THEREWITH, IF NECESSARY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. .BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1.. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. AGE!JDA ITEM SEP 10 pg._ Z "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw Date" has the meaning set forth in the Loan Agreement. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan No. A-23-1" means the Loan designated as "Loan No. A-23-1" the proceeds of which are to be used to finance Project A-23. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12,1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. AG~;~£~,~ tTEM SEP 10 "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan mounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement,.but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-23" means the costs and expenses relating to the acquisition of a 99-acre tract of land to be used for mitigation of wetlands impact associated with the construction of the Lely stormwater improvements, as the same may be amended or modified from time to time and as more particularly described in the plans and specifications on file with the County. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," ''hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. 3 AG£NDA ITEMc.~ No SEP 1 0 ZO02 pg.__ Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the county to finance Project A-23 and the most cost-effective means by which to finance Project A'23 is by the use of moneys obtained pursuant to the Program by means of the Loan. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A-23-1 pursuant to the terms of the Loan Agreement and the financing of Project A-23 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A-23-1 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. AC-D.~7: :, No ..... !~ 4 SEP ! 0 2002 P~. 5' (H) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-23-1, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION4. TERMS OFLOANS. The County hereby approves of Loan No. A-23-1 in the aggregate amount of not exceeding $2,750,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A-23. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County a Loan Note or Notes with respect to Loan No. A-23-1 and other documents, instruments, agreements and certificates necessary or desirable to effectuate Loan No. A-23-1 as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-23-1 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to Loan No. A-23-1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finance Director as appropriate to finance Project A-23 and is permitted by the Loan Agreement. Loan No. A-23-1 shall mature in accordance with the provisions described in Schedule I attached hereto or in such other amounts and at such other times as the Finance Director may determine. Loan No. A-23-1 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-23-1 shall be 30 basis points or such other amount as Wachovia Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-23. The County does hereby authorize the acquisition and construction of Project A-23 and the reimbursement of any costs incurred by the County with respect to Project A-23 within the prior 60 days. SECTION 6. SECURITY FOR THE LOAN; PREPAYMENT. The County's obligation to repay Loan No. A-23-1 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County torepay Loan No. A-23-1 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. AGr~,i!',A ITEMt__ 5 SEP 10 SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or' consistent with the requirements of this Resolution and the Loan Agreement, for the full Punctual and complete performance of all the terms, covenants and agreements contained in this ResolUtion and the Loan Agreement, and each member, employee, attorney and officer of the County or its Boardis hereby authorizedand directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or par~s thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 6 AGEN©A~ SEP 10 200? Pg.__ DULY ADOPTED this __ day of September, 2002. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) ATTEST: By: Chairman Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~q~.C o~nty Attorney No .... 1~_~___~ SEP 10 2002 pg. P SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of Loan No. A-23-1 shall be repaid as follows: December 2, 2003 $ 550,000 December 7, 2004 550,000 December 6, 2005 550,000 December 5, 2006 l, 100,000 (or in such other amounts as is borrowed under the resolution pursuant to which this schedule is attached) Interest on the Loan shall be paid monthly in accordance with the terms and provisions of the Loan Agreement. Additional Payments shall also be made in accordance with the Loan Agreement. AGEN©AITEM No.____/_~.~ _~ SEP 0 F'g.___._~ 2007 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened fi.om July 20, 2002 through July 31, 2002 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period July 20, 2002 through July 31, 2002. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: Thc goods and services included in thc aforementioned report have all bccn previously appropriated. GROWTH MANAGEMENT IMPA CT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. /(~nes L. Mitchell, CIA, CFE, C ~Director of Finance and Accounting Reviewed and Approved By: Dert Gen[ Johnssen · al Accounting Manager Date: Date: / ~/~¢%,, _ AGENDA ITEM No. /~,~;' / SEP lO ZOO?. Fg.__ / EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from July 1, 2002 through July 19, 2002 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period July 1, 2002 through July 19, 2002. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By:~//~ J~nes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed and .,~ ~..-.-------~i Approved By: · D~ek Johnssen General Accounting Manager Date: Date: AGENDA ITEM No._ SEP lO 2002 F:'~ EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from August 1, 2002 through August 16, 2002 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATION&: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period August 1, 2002 through August 16, 2002. This report is available for inspection and review in thc County Manager's Office. FISCAL IMPA CT: The goods and services included in the aforementioned report have all been previously appropriated. There is no Growth Management Impact GROWTH MANAGEMENT IMPACT: related to this item. RECOMMENDATION.',, That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. /l'?(mes L. Mitchell, CIA, C~'E, CBA "Director of Finance and Accounting Reviewed and Approved By: AGENDA I T~(~. No. /~'"5. u'~ SEP 10 Pg,__ / _ EXECUTIVE SUMMARY APPROVE OF THE STIPULATED ORDER OF TAKING AND FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 219 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. CARY B. COLLINS, ET UX., ET AL., (Immokalee Phase 1 Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Order of Taking and Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 219 for the Immokalee Phase I project in the lawsuit entitled Collier Count. v. Cary B. Collins, et ux., et al., Case No. 0-2134-CA-TB. CONSIDERATIONS: An Order of Taking with respect to this parcel is scheduled for September 5, 2002. There is presently on deposit with the Registry of the Court the sum Two Thousand Nine Hundred and No/100 Dollars ($2,900.00) for P-arcel 219. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Garfield Hines and Edell Hines, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-125). The terms of the settlement agreement are set out in the Stipulated Order of Taking and Final Judgment as to Parcel 219 (attached as Exhibit "1"). The Stipulated Final Judgment provides for Four Thousand Three Hundred and No/100 Dollars ($4,300.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel 219. No attorney fees or other costs are due the property owner. The Stipulated Order of Taking and Final Judgment as to Parcel 219 provides that Collier County shall deposit the total amount of Forty Three Hundred and No/100 Dollars ($4,300.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ~ FISCAL IMPACT: Cost: $4,300.00 Fund: 331 - Road Impact Fee District One Cost Center: 163650 - Road Impact Construction Project Number: 60018 (Immokalee RoadmPhase I) GROWTH MANAGEMENT IMPACT: Consistent with the Management Plan. Collier County Growth RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Order of Taking and Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $ 4,300.00 into the Registry of the Court. SUBMITTED BY: Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: REVIEWED B Y: APPROVED BY: Lynn Thorpe, Project Manager Transportation Utilities and Engineering D_epa~m?nt Gregg Strakaluse, Director Transportation Engineering & Construc/fiqn Management Norm F~der TranspOrtation Administrator David C. Weigel ~ County Attorney Date: Date: Date: Date: 2 SEP ~ 0 2002 p~. '2.- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICLaxL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COl J IFR COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. CARY B. COI.I .INS, et ux., et al., Case No.: 02-2134-CA-TB Parcel No.: 219 Respondents. STIPULATED ORDER OF TAKING AND FINAL ~IJDGMENT AS TO PARCEL 219 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, GARFIFJ.D HINES and EDE1.1. HINES, for entry. of a Stipulated Order of Taking and Final Judgment as to Parcel No. 219, and it appearing to the Court that the parties are authorized to make such Motion, that proper notice was given to all persons having or claiming any equity, hen, title or other interest in or to the real property described as Parcel 219 in the Petition in Eminent Doma/n, and the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, GARFI~J D HINES and EDEI J. HINES, it is thereupon ORDERED AND ADIUDGD that: matter hereof. This Court has jurisdiction of this cause, the parties hereto and the subject 2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. The property is being acquired for a public purpose. 4. The taking of this property is reasonably necessary to serve thq pu~~o~ -- which the property is being acquired. I NO. [ Ia' L~'] _ I SEP 1 0 2002 pg. ~ 5. The Dixclaration of Taking and Estimate of Value filed in this cause by the Petitioner was made in good faith and based on a valid appraisal. 6. Respondents, GARFIF. LD HINES and EDF~I ~l~ .I-]~4ES, have and recover from Petitioner, COl ~I~R COUNTY, FLORIDA, the sum of Four Thousand Three Hundred and No/100 Dollars ($ 4,300.00) for Parcel No. 219 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel, LESS any sums due the Collier County Tax Collector for ad valorem taxes. 7. No attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 219. 8. Upon the payment of the deposit, hereinafter specified, into the Registry of this Court, all right, title and interest described in Exhibit "A" attached hereto and made a part hereof by reference shall vest in Petitioner, COl .l ~R COUNTY, FLORIDA, and Petitioner shall be entitled to immediate possession of the property described herein. 9. Within twenty (20) days of this Order, Petitioner shall deposit into the Court Registry the total amount of Four Thousand Three Hundred and 00/100 Dollars ($4,300.00) as the good faith estimate of value and full compensation for Parcel No. 219. 10. Immediately after Petitioner's deposit, the Clerk of this Court shall disburse the sum of Four Thousand Three Hundred and No/100 Dollars ($4.300.00) to Respondent, GARFIELD HINES and EDEI.L HINES, 4665 8t~ Street N.E., Naples, Florida, 34120, LESS an amount due for unpaid ad valorem taxes at a per diem amount of $.0671 (to be calculated from January 1, 2002 through the date of deposit) made payable to Respondent, Collier County Tax Collector, c/o E. Glenn Tucker, RHODES & TUCKER, P. O. Box 887, Marco Island,..F1. orida, 34146. 2 SEP 1 0 2002 pg. 11. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3046, Page 314, of the Public Records of Collier County, Florida, be dismissed as to Parcel No. 219. 12. in the Official Records of Collier County, Florida. DONE AND ORDERED in Naples, Collier County, Florida on this · 2002 This Stipulated Order of Taking and Final Judgment as to Parcel 219 is to be recorded day of -?~'- . . TED BROUSSEAU Circuit Judge Conformed Copies: Ellen T. Chadwell. Esq. Garfield and Edell Hines J. :Michael Coleman, Esq. Robert D. Pritt, Esq. E. Glenn Tucker, Esq. Jean G. Howard, Esq. "-' ----~ -- ~JOINT MOTION ON STIPULATED ORDER OF TAKING AND FINAL JUDGMENT AS TO PARCEL NO. 219 Petitioner, COIJ.~R COUNTY, FLORIDA, together with Respondents, GARFIELD H/NES and EDELL HINES, hereby respectfully move for entry of the foregoing Stipulated Order of Taking and Final Judgment as to Parcfil No. 219. Dated fids ,,,~o/_day cf "~ 4665 ~th Street N.E. Naples, FL 34120 RESPONDENT ~ EDEI.I ~ HINES 4665 8th Street N.E.' Naples, FL 34120 RESPONDENT ,2C02. El J.EN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 3411 (239)774-8400-Telephone ATTORNEY - Facsi~eAG' [ Pg. ~' FEE SIMPLE INT~REST 0.9., IMMOKALEE EOAD ~8' o .... N 00'16'30"tE' 180.00' -~. ~ 180.00' N 00'1g'10" E 180.00' EXHIBIT 0 200' EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN THE CASE STYLED COLLIER COUNTY V. MARK STEVEN VOGEL, CASE NO. 02-835-CC, NOW PENDING IN THE COUNTY COURT OF THE 20TM JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR $7,200.00 (SEVENTY-TWO HUNDRED DOLLARS). SAID SETTLEMENT WAS ARRIVED AT DURING SETTLEMENT NEGOTIATIONS. OB,.IECTIVE: That the Board of County Commissioners approve the settlement in the case styled Collier County v. Mark Steven Vogel, CASE NO. 02-835-CC, now pending in the County Court of the 20t~ Judicial Circuit in and for Collier County, Florida, for $7200.00 (seventy-two hundred dollars). Said settlement was arrived at during settlement negotiations. CONSIDERATIONS: On December 9, 2001, Vogel operated his motor vehicle in such a manner as to cause it to collide with two street light poles near CR-31 and Aviation Drive South in Naples, Florida. The County subsequently instituted this present action seeking reimbursement. During the pendency of the litigation, the County and Vogel negotiated a settlement in the sum of $7,200.00. Based upon the cost of litigation and the fact that Vogel is not financially able to pay the full amount at this time or in the near future, it is recommended that the Board accept the proposed settlement agreement setting forth specific time frames for re-payment. Said agreement is attached hereto and made a part hereof. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners approve a settlement with the principal terms set forth in the Executive Summary. Prepared by: /iF, C)i,fl~r~-~.'Mountford- "/- ' Assistant County Attorney Date: AGENDA ITEM NO. SEP 1 0 2002 Pg. \ Reviewed and Approved by: Da'~id C. Weigel, County AttOrney Reviewed and Approved by: S~er~'~Mediavilla Risk Management Date: Date: ,~aEno^rrEM ,~ NO. ~'~ t... ~ SEP 1 0 2002 pg. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT, ("Agreement"), is entered into this ~ ~:~ day of ~'t.~e'*-,-('' , 2002, by and between the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida, ("County"), and Mark Steven Vogel, 2147 Pineland Avenue, Naples, Florida, 34112 ("Vogel"). WlTNE S SETH: WHEREAS, on or about December 9, 2001, Vogel owned and operated a motor vehicle near the intersection of CR 31 (Airport-Pulling Road) and Aviation Drive South in Naples, Florida which collided with two street light poles numbered 34 and 35; and WHEREAS, the County owns and maintains the hght poles in the aforementioned area; and WHEREAS, the collision by Vogel's motor vehicle caused irreparable damage to street light poles numbered 34 and 35; and WHEREAS, the total cost incurred by the County to replace and install new street light poles was $8,720.00 (eight thousand, seven hundred and twenty dollars); and WHEREAS, the County and Vogel desire to resolve the issue of reimbursement to the County for said street light pole replacement and installation without further litigation; NOW, THEREFORE, IN CONSIDERATION COVENANTS CONTAINED HEREIN, AND IN CONSIDERATION OF THE MUTUAL BENEFITS TO FLOW FROM ONE TO THE OTHER, THE PARTIES HERETO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS SET FORTH HEREIN. AGENI~.~ ITEM ..~ NO. \7 o4. SEP 1 0 2002 pg. ~' 1. Authority. The undersigned, executing for and on behalf of the respective Parties, are the duly authorized representatives of the respective Parties to this Settlement Agreement with full authority and power to execute and deliver this Settlement Agreement and to bind the Parties to the terms and conditions as set forth herein. 2. Reimbursement Amount. The County agrees to accept $8,720.00 (eight thousand, seven hundred and twenty dollars) ~om Vogel as "payment in full" to reimburse the County for the monies it expended to replace the aforementioned street light poles. 3. Payment by Vogel to the County. Vogel hereby agrees to reimburse the County in the amount of $8,720.00 (eight thousand, seven hundred and twenty dollars) in the following manner: $400.00 (four hundred dollars) monthly, beginning August 2002, for twenty-one months (through April 2004); on the 22ra month (May 2004), Vogel agrees to pay the remaining $320.00; both parties agree that the monthly payments shall be made by the fifth calendar day of each month. All payments shall be made via cashier's check or money order made payable to: Collier County Board of County Commissioners and delivered to the County's Risk Management Department, located at 3301 Tamiami Trail, Building "D", Naples, Florida, 34112. 4. Default/Breach. If a default/breach of this Settlement Agreement is caused by Vogel, the County shall have the option to exercise all available remedies at law ancL/or in equity (including, but not limited to, claims for injunctive relief and]or damages), in the Circuit Court to enfome the terms of this Agreement. Said remedies at law and]or in equity shall be sought before the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. 5. Governing Laws. This Settlement Agreement shall be governed by the laws of the State of Florida. 6. Stipulation of Venue. Both parties agree that Collier County, Florida is the appropriate and sole venue for any claims arising out of the damage caused by Vogel's motor vehicle. 7. Waiver of Jurisdiction. Vogel hereby waives any defenses of in personam or subject matter jurisdiction. 8. Attorney's Fees and Costs. The Parties agree that in the event the County applies to the Circuit Court, pursuant to a motion or action for enforcement of this Settlement Agreement resulting from a default/breach of this Settlement Agreement by Xiog~~~Pa~ ty in I 200 such proceeding shall be awarded its reasonable and necessary attorney's fees and costs, including appellate attorney's fees and costs, incurred in such proceeding(s). The County's award of reasonable and necessary attorney's fees and costs shall be computed pursuant to the fair market value of the attorney(s) time and services involved (as governed by applicable rules of The Florida Bar and case law) and not on the basis of the annual salary of the attorney(s) paid by the governmental entity. 9. Entire Agreement. This consecutively numbered pages, constitutes Settlement Agreement, consisting of four (4) the entire agreement between the Parties. Any amendment, modifications, and/or extension of this Settlement Agreement, to be effective and enforceable, shall be in writing and officially and duly executed by the authorized legal representatives of the respective Parties. In case of a conflict between this Settlement Agreement and any other document predating it, the terms of this Settlement Agreement prevail. SIGNATURES FOLLOW ON PAGE 4 OF THIS AGREEMENT AGENDA ITEM ' NO. SEP 1 0 2002 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAM]ES N. COLLETTA, CHAIRMAN Approved as to form and legal sufficiency for County: Assistant County Attorney THIS SETTLEMENT AGREEMENT BETWEEN MARK STEVEN VOGEL AND COLLIER to and subscribed by ./4~,a-t. t<' ~/'e.~ ,e~ before me this COUNTY was sworn. ~_..,") ~ day of ,/~ c~,~)~& _r;", 2002. Mark Steven Vogel ~ Personally Known or Produced Identification Approved as to form and legal sufficiency for Vogel: Signatur'~3f Notm5' Pub ~c I i (name of attorney) 4 AGEND~ ~TEM NO. ~,V~ L..- SEP 1 0 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD PAY THE REASONABLE ATTORNEY'S FEES AND COSTS INCURRED BY A COUNTY EMPLOYEE IN CONNECTION WITH THE MARCH 7, 1999 SULFURIC ACID SPILL AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT AS HE HAS SUCCESSFULLY COMPLETED PRETRIAL DIVERSION AND THE CHARGES AGAINST HIM HAVE BEEN DISMISSED AND THAT THE BOARD APPROVE ANY NECESSARY BUDGET AMENDMENT. OBJECTIVE: For the Board to pay the reasonable attorney's fees and costs incurred by employee Randy Garay in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant. He has successfully completed pretrial diversion and the charges against him have been dismissed. The Board also is requested to approve and authorize any necessary budget amendment CONSIDERATIONS: On or about March 7, 1999, there was a sulfuric acid spill at the North County Regional Water Treatment Plant. An internal County investigation of this incident dated July 2, 1999 concluded that several staff members were told to follow established procedures and used poor judgment in responding to the sulfuric acid spill. The internal investigation report further concluded, however, that there did not appear to be any intention to violate any regulations regarding the disposal of the diluted sulfuric acid nor did there appear to be any intention to cover up the incident. It further appeared that the staff in question was acting on the assumption that instructions previously received from the Florida Department of Environmental Protection during an incident in 1995 were also applicable for the March 7, 1999 spill. However, those previous instructions were for a much smaller acid spill and clearly did not apply to the approximately 500 gallons of sulfuric acid that overflowed from the bulk storage tank into an adjacent containment area during the March 7, 1999 spill. Following a Florida Department of Environmental Protection investigation, criminal charges were filed against three (3) of the employees involved in attempting to contain and remedy the spill. These charges were for Felony Littering and for Improper Disposition of Hazardous Wastes. The three (3) employees involved are Randy Garay, Barry Erickson and Robert Wheeler. On November 13, 2001, the County Attorney Office presented to the Board information pertaining to the possibility of the three (3) employees entering the pretrial diversion and how that would affect the determination of the Board paying the reasonable attorney fees. (See Exhibit 1 for a copy of the Executive Summary and minutes pertaining to that agenda item). At that meeting, the Board agreed to pay the reasonable attorney fees if the employees successfully completed the pretrial diversion and the charges were dismissed. AGENDA ITEM,, S7: 1 ? 2002 1 pg. ___[ Under the applicable case law and the County's Resolution No. 95-632, (a copy of Resolution No. 95-632 is attached as Exhibit 2) a local government must reimburse its employees and officials for the reasonable attorney fees and costs they may incur in defending against alleged criminal violations arising out of or in connection with their performance of official duties while serving a valid public purpose where such employees or officials are acquitted or the charges are dismissed. In this case, based upon the County's own internal investigation, it appears the actions of the employees in question arose out of and in connection with performance of their official duties and it further appears they were attempting to serve a valid public purpose by remedying, albeit in an apparently inadequate manner, the acid spill. FISCAL IMPACT: Mr. Garay's attorney's fees and costs are $16,793.25, billed at an hourly rate of $125.00 per hour. (A copy of the bill is attached as Exhibit 3). After review of the bill and backup documentation, the only discrepancy in the reasonableness of the fees and costs that appears to exist is an overbilling of $9.18 for travel expenses, which would bring his charges to $16,784.07. No information on the other two (2) employees status or alleged fees and costs has been received as of the date this Executive Summary was prepared. Per the Management & Budget Department, it would appear payment should be made from County Water Sewer District Fund 408 as Mr. Garay is a Water Sewer District employee. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That (1) the Board pay the reasonable attorney's fees and costs incurred by employee Randy Garay in the amount of $16,784.07 as he has successfully completed pretrial diversion and the charges against him have been dismissed and (2) authorize and approve any necessary budget amendment. PREPARED BY: Michael W. Pettit Assistant County Attorney DATE: REVIEWED BY: David C. Weigel d2) County Attorney h:/Public/Mike/ExSum/no cry water employees .attyfees.criminal charges dismissed.082802 DATE: 2 AGENDA ITEM . NO. e--'l~,~. . 2002 PS. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD DETERMINE WHETHER TO PAY THE REASONABLE ATTORNEYS' FEES AND COSTS INCURRED BY COUNTY EMPLOYEES CHARGED WITH CRIMINAL VIOLATIONS IN CONNECTION WITH THE MARCH 7, 1999 SULFURIC ACID SPILL AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT IF SUCH EMPLOYEES PROCEED THROUGH PRETRIAL DIVERSION AND THE CHARGES NOW PENDING AGAINST THEM ARE DISMISSED. OBJECTIVE: For the Board to determine whether to pay the reasonable attorneys' fees and costs incurred by County employees charged with criminal violations in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant if such employees proceed through pretrial diversion and the charges now pending against them are dismissed. CONSIDERATIONS: On or about March 7, 1999, there was a sulfuric acid spill at the North County Regional Water Treatment Plant. An internal County investigation of this incident dated July 2, 1999 concluded that several staff members were told to follow established procedures and used poor judgment in responding to the sulfuric acid spill. The internal investigation report further concluded, however, that there did not appear to be any intention to violate any regulations regarding the disposal of the diluted sulfuric acid nor did there appear to be any intention to cover up the incident. It further appeared that the staff in question was acting on the assumption that instructions previously received from the Florida Department of Environmental Protection during an incident in 1995 were also applicable for the March 7, 1999 spill. However, those previous instructions were for a much smaller acid spill and clearly did not apply to the approximately 500 gallons of sulfuric acid that overflowed from the bulk storage tank into an adjacent containment area during the March 7, 1999 spill. Following a Florida Department of Environmental Protection investigation, criminal charges were filed against three (3) of the employees involved in attempting to contain and remedy the spill. These charges were for Felony Littering and for Improper Disposition of Hazardous Wastes. The three (3) employees involved are Randy Garay, Barry Erickson and Robert Wheeler. An attorney for Mr. Garay has now inquired whether the County would a~ee to pay the reasonable attorneys' fees and costs for these employees if they accept a pretrial diversion program in lieu of proceeding to trial. Specifically, pretrial diversion would require that the employees complete six (6) months of probation. At that time, all charges would be dismissed and there would be no adjudication of any of the charges. A copy of Mr. Garay's attorney's most recent letter is attached as Exhibit 1 to this Executive Summary. S£? 10 2002 pg. ~ 1 Under the applicable case law ancl the County's Resolution No. 95-632, a copy of which is attached as Exhibit 2 to this Executive Summary, a local government must reimburse its employees and officials for the reasonable attorneys' fees and costs they may incur in defending against alleged criminal violations arising out of or in connection with their performance of official duties while serving a valid public purpose where such employees or officials are acquitted or the charges are dismissed. In this case, based upon the County's own internal investigation, it appears the actions of the employees in question arose out of and in connection with performance of their official duties and it further appears they were attempting to serve a valid public purpose by remedying, albeit in an apparently inadequate manner, the acid spill. The question that is left is whether an agreement with the State Attorney to enter pretrial diversion that would then lead to a complete dismissal of the charges is equivalent to a dismissal as defined by County Resolution No. 95-632 and applicable case law. Based upon inquiry with the State Attorney and discussions with Mr. Garay's defense counsel, it appears that in the pretrial diversion program, the employees would have to report to the probation office for a six month per/od and pay minimal court costs. Thereafter, assuming no problems arose during the six month probationary period, all charges would be dismissed as if they had never been brought and there would be no adjudication of any of the charges. Under these circumstances, the Board could reasonably find that dismissal following pretrial diversion was the equivalent of a dismissal under Resolution No. 95-632 and applicable case law although it would not be compelled to do so. Other factors the Board may wish to consider in reaching a decision on this matter include the following: 1. The three employees in question have already been disciplined, with all three having been suspended and one of them having been demoted. 2. As indicated in the Fiscal Impact section of this Executive Summary, if all three employees or any of them would go through pretrial diversion at this point and the County agrees to reimburse the reasonable attorneys' fees and costs incurred at the end of probationary period and following the dismissal, the amounts involved will be far less than if any or all of the three employees proceed through trial and are found not guilty. 3. At this time, the question of the constitutionality of one of the criminal statutes under which the three employees were charged, i.e., Improper Disposition of Hazardous Waste, Section 403.727(3)(b), Fla. Stat., has been appealed to the Florida Supreme Court. Previously, the trial court in the case found this statute to be unconstitutional. That decision was appealed by the State Attorney and the Second District Court of Appeal reversed the trial court. AGENDA ITEM. NO. S£? 1 2 2002 pg. I ~.NDA ITEM 4. The County's inte/'nal investigation found no intentional wrongdoing by any of the employees involved. FISCAL IMPACT: Mr. Erickson's claimed fees and costs to date are approximately $8,006.15 and Mr. Garay's claimed fees and costs are $13,711.08. No information was available on Mr. Wheeler at the time this Executive Summary was prepared. Mr. Garay's fees and costs are higher because his attorney has handled the appeal. No determination of the reasonableness of these fees and costs'has been made. Such a determination would be undertaken if the Board decides to reimburse reasonable fees and costs. At this time, we have received an estimate that if all three defendants proceed through trial and are found not guilty, the County may be exposed to at least an additional $30,000.00 in attorneys' fees and costs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board consider and determine whether to pay the reasonable attorneys' fees and costs incurred by County employees charged with criminal violations in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant if such employees proceed through pretrial diversion and the charges now pending against them are dismissed. PREPARED BY: Michael W. Pettit Assistant County Attorney DATE: REVIEWED B Y: I~avid C. Weigel ,c55) County Attorney DATE: h:/Public./Mike/ExSum/no cry water employees criminal charges.pretrial diversion.attys fees & costs. 110101 3 2002 Item # 12A November 13, 2001 RECOMMENDATION THAT THE BOARD PAY REASONABLE ATTORNEY FEES AND COSTS INCURRED BY COUNTY EMPLOYEES CHARGED WITH CRIMINAL VIOLATIONS IN CONNECTION WITH 03/07/99 SULFURIC ACID SPILL AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT - TO BE BROUGHT BACK UNDER CONDITIONS OUTLINED BY THE ATTORNEY'S OFFICE CHAIRMAN CARTER: report. MR. WEIGEL: Thank you, Mr. Chairman. Attorney Mike Pettit will make the presentation. I'm down to 12-A, county attorney's Assistant County MR. PETTIT: Good evening, Commissioners. Mike Pettit from the county attorney's office. I'm here to present this item. It involves a request by attorneys for three county employees who have been charged with criminal charges for determination as to whether this board would approve the payment of their reasonable attorney's fees if they enter a pretrial diversion program. As explained in the executive summary, we've looked at the law on this issue. If, in fact, these three individuals went to a jury trial or a trial in front of a judge and were found not guilty or if a judge threw the case out of court, there would be no question in our mind that this board would have no choice but to pay any fees that they have incurred. The reason I say that is the county undertook an investigation sometime ago and concluded that although these gentlemen did not follow the established procedures and did not -- and used poor judgment in the way they responded to this acid spill incident in the way they attempted to dispose of the acid by diluting :~ Page 261 SE? 1 [' 2002 November 13,2001 they didn't do it intentionally. There was no intentional wrongdoing. There certainly was no action that was uncovered to show that they were doing anything to benefit themselves. So that meets the legal test. What were they doing? They were acting in the course and scope of their duties, and they were trying to perform a valid public purpose, albeit they didn't do a very good job. I don't think anybody disputes that. They were charged criminally subsequently. They've been disciplined internally in the county, although they're all still employees here. As I said, if they were to go to trial or a judge threw the case out of court at some point, you would have under Florida law an obligation to pay any fees they've incurred. We're kind of in a gray area. Pretrial diversion would lead to a situation where after they reported to a probation officer for six months the case against them would be dismissed, and it would be as if they had no record, no charge. In my opinion, I don't think that compels this board to have to pay the fees if they, in fact, go that route. Now, they may decide to go that route, and they may sue the county and demand their fees, and then I guess the judge will tell me whether I'm fight or wrong. So we're kind of looking into the furore. In my opinion, at this point, I don't think you're compelled to go that route. By the same token, the language in the cases and the language in resolution would indicate to me that you could reasonably conclude to go that route. In other words, agree at this point that, yes, if they go through the pretrial diversion and, yes, if they complete that successfully, we will agree to pay their reasonable fees incurred. I should make the point that we don't know whether the fees that I've got in this executive summary are reasonable becaius~/~l~no.t ] SE? lO 2002 Page 262 [ Pg. -7 November 13,2001 reviewed any attorneys' fees statements. These are just numbers that have been given to me by the attorneys involved. The practical downside, if the board chooses not to pay today -- actually, they wouldn't be paying today; you wouldn't pay until they completed the diversion program -- is they may choose to go to trial, and they may be found innocent. If they are their fees and costs, obviously, are going to be greatly expanded from what they are now. CHAIRMAN CARTER: Mr. Pettit, what would be the total on all three employees? Is that about -- MR. PETTIT: I still do not have a number for the one employee. CHAIRMAN CARTER: Approximately. MR. PETTIT: I would estimate based on the two figures that I got from the two attorneys that we're looking at something fight around twenty-nine or thirty thousand dollars at this point. COMMISSIONER FIALA: And if we go forward with this and if, indeed, they do their little trial and so forth, rather than go to trial we'll save about 30,000; right? MR. PETTIT: Well, understand that, first of all, I don't know whether the $30,000 is reasonable. I think I would have to come back to this board at least with a consent agenda item and make a recommendation as to what was the reasonable amount we would pay. I'm just telling you today what their attorneys claim they have incurred. That's Point 1. Then Point 2 is we would only be legally obligated, in my opinion, to pay if the judge for some reason throws the case out of court. For example, there's an issue of the constitutionality ,of one of the statutes that they were charged under. Or if they go to trial and a jury finds them or a judge finds them -- I can't recall whether they've got a jury or a judge trial -- not guilty, at that point under Florida law you would have to pay whatever thClli- NO. _~L~~ Page 263 SE7 1" 2002 November 13, 2001 fees and costs are. CHAIRMAN CARTER: I guess, Commissioners, I will tell you where I am. I punched a time clock for a period of time. That supervisor or foreman told me what to do. I didn't stand there and have a debate with him particularly if it was an emergency situation. I did what I was told. So these are two hourly employees under the direction of a supervisor. MR. PETTIT: The super -- I think -- my understanding of the situation is that the supervisor is one of the three people charged here. CHAIRMAN CARTER: I know., but I'm taking the two employees. My conscious says, I'm willing if we can craft some statement here to bear the cost of where they are if it goes through due process as you've outlined. There's six months, and then they're -- in essence or in my terminology, they're adjudicated or whatever it is, and they're okay. The supervisor has been disciplined and has been demoted, if you please, in this situation, and I don't know how good of training he received. I don't know how up to date he was. I don't know how good we were in training him. I don't know where the shortfalls were. That's probably an issue maybe some of the other commissioners want to talk about. But I have a feeling that if a person in a situation does to the best of his or her abilities under the training as they understood it at that time and the ordinances and regulations and took action, and even if it turned out to be that there was some things there they could have done better under a law or an ordinance by the Department of Environmental Protection -- and I wonder how many anywhere would know all the laws and ordinances in any given situation-- and they performed to the best of his ability. I'm inclined to say that if we can craft up to 30,000 working with those to negotiate with these attorneys, it is my Cl~cff~n~r0u _ Page 264 SE? I ? 2002 November 13, 2001 commissioner that perhaps this is what we need to do today and then just make sUre in the furore, A, have we corrected all the things that took place so it doesn't happen again or reasonably assured it doesn't happen again and, two, that all of the employees that are involved in these situations have received the proper training. Comments, Commissioners? Commissioner Coletta. COMMISSIONER FIALA: I want to -- COMMISSIONER COLETrA: You first, please. COMMISSIONER FIALA: Okay. I just wanted to ask two fast questions. Who charged them? MR. PETTIT: They were charged by the State of Florida, I believe, following a Department of Environmental Protection investigation, I think. I, quite frankly, am not sure of the relationship between the Department of Environmental Protection investigator and the state attorney's office and the decision to charge. COMMISSIONER FIALA: Now, I understand that they were following procedures that they thought were in effect, but it was for a smaller spill; is that correct? MR. PETTIT: That's my understanding from the report that was prepared by our water director, and I do want to clarify something in the executive summary. I think I said in that second sentence that several staff members were told to follow established -- in fact, they failed to follow established procedures. That's a mistake in the executive summary. As I understand the report, the failure to follow established procedures in part was the failure, to contact the DEP when the spill occurred and report it. That was one problem. My understanding, though, is there had been a similar spill some years before, similar in that it was the same kind of acid, but it was a very tiny quantity. The DEP apparently gave instructions that you could dilute that spill with water. They attempted to dilute the spill here. There ~ aK 500 gallons. A(~F.~NDA ITEM _ NO. ~-~ {4.._'~ ~_--.~) Page 265 SE? 10 2002 November 13, 2001 My understanding is that no amount of water was going to accomplish that dilution, and when they realized that there was a problem with that, they called an outside company to come and take the liquid and put it in a storm retention pond -- one of the county's storm retention ponds. CHAIRMAN CARTER: Mr: Mudd. MR. MUDD: Can I interject -- Jim Mudd, deputy county manager -- for a second? That stormwater retention pond, I think you also got to work with the ingredients. Was there any environmental harm because of the actions that transpired in the spill? We've had a monitoring program that we've had to be into because of that consent order. And so far that monitoring report -- and we just got back a 16th of October letter from the Department of Environmental Protection basically saying "Why isn't your contractor asking for clean closure?" In other words, there was no chemical reaction that would produce heavy metals in the groundwater contamination. We still have increased sulfates, but that's the secondary treatment criteria for clean water. So we're finishing that process up. The sulfates will go down. But the environmental harm, per se, because of where they put the acid that was diluted has shown that there was none. COMMISSIONER COLETTA: If I may. CHAIRMAN CARTER: Interesting. Commissioner Coletta. COMMISSIONER COLETTA: I want to remind this board that we are also being sued and that we have the full support of the county behind us to be able to get through this. Are we guilty of what we did? I hope not. I'm sure these people aren't either. But I'd like to hear from their boss, Tom Olliff, on his spin on this. We have to put everything in context. MR. OLLIFF: Well, I think, clearly, this is more of a legal issue and a policy call in this particular case. I think the risk is that they go forward -- and it's an odd position to put the board in be~'~-~ Page 266 J SE? lin12002 J Pg. ~ November 13,2001 frankly, what we're saying is your risk is that their charges are dropped and, frankly, that would be a good thing. So it's an awkward position. But were they to go to that extent and the charges be dropped or dismissed by the judge, I think, clearly, the exposure could be as much as two times of what you're looking at in terms of attorneys' fees today. Did they handle the situation like they should have? No. Did they handle it in a way that they thought was the right way? Yes. I think those employees did what they thought was the right thing to do at the time. Have they been punished.internally and has this court process from a year and a half ago that's been dragging through the system and making them pay their own attorneys' fees taught them a lesson? I don't think there's any question about that. Do I ever think that those three employees will do anything like this again? Absolutely not. Nor do I think that the lesson they learned wasn't shared by every single person who not only worked at that plant, but every single person who works at your south county plant as well. So I think the county learned a very valuable lesson. Frankly, I think it's a question for the board -- a decision for the board to make, but I think, in essence, it's a decent financial decision to be made now, and it's also one where I think those employees did not do anything that was a crime of commission, if you will, but rather one of omission where they simply made a mistake simply trying to do the right thing in the public's interest. COMMISSIONER HENNING: I think our former public works director didn't help out the situation with his comments. MR. OLLIFF: I couldn't agree more. COMMISSIONER HENNING: So I think that we -- in this case only -- that we should step up and do the fight thing for our employees. Now, what that is, if we can just say that -- can you bring something on approval back on a consent item? Page 267 AGENDA ITEM. .o. _ll,-~./X) SE? 17 2OO2 November 13,2001 MR. PETTIT: If the decision of the commission is to vote to pay these fees if these gentlemen go through pretrial diversion successfully, it would end up they would have no criminal record. They would have no -- they could, for example, on a job application honestly say they've never been convicted of anything and so forth and so on. I would then recommend that their attorneys submit to the county attorney's office the bills and supporting documentation for the bills, and let us look at those bills and make a recommendation to this board as to the reasonable fee that we should approve, which may be less than the numbers that are in here. COMMISSIONER HENNING: So we get another shot at it? MR. PETTIT: Correct. COMMISSIONER HENNING: That would be my motion, to bring it back. CHAIRMAN CARTER: Under the conditions outlined by Mr. Pettit? COMMISSIONER HENNING: Exactly. COMMISSIONER FIALA: I'll second it. CHAIRMAN CARTER: I have a motion by Commissioner Henning. I have a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN CARTER: Hearing none, all in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. Thank you. MR. PETTIT: Let me add one other thing. These gentlemen have not entered-- this agreement is available to them. They have not entered into it, and I am not convinced that all three will_ hnt I AGF..N. DA ~,TI~M.~ NO. |tt/_/.-.) (~"~ Page 268 SE? ~' 2002 November 13, 2001 certainly several of them were interested to know how this board would treat a request for attorneys' fees if they do enter into the agreement, and that's why this is here today. CHAIRMAN CARTER: Thank you. MR. PETITF: Thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN CARTER: Well, ladies and gentlemen, I think that brings us down to staff and commission general communications. Mr. Olliff, do you have anything for us? MR. OLLIFF: I actually prepared some comments. COMMISSIONER COLETTA: This is serious. When he's behind the podium, he's really serious. MR. OLLIFF: I think each of you have talked to me over the course of the last week and some of you well before that in terms of economic downturns in terms of what's going on with the state and the state budget reviews and clearly in response to the most recent election. I think in response to these recent issues that have been surrounding the county -- I think there are two things that we could do. One, we could just go on about our business as usual or, two, we could spend a little time to try to figure out exactly, one, what messages the referenda decision sends to us, and perhaps more importantly what messages, I believe, we need to recognize are not sent by that decision and, thirdly, to try and decide how we're going to respond. I suggest the following that we did not hear from that referenda decision: That solving the road problems are not import.ant_ I will I AGENDA IT£M~_x Page 269 SEP 1 P 2002 RESOLUTION NO. 95- 632 A RESOLUTION BETTING PORTH ~HE POLICY OF THE BOARD LEGAL DEPENBB ]LND PAYING LEGAL F~PENBE8 OF CO~T~TY I COHHISBIONE~E, CO~TY 8TA~F AND COUNTY ~DVIBORY BOARD MEHBER8. '. WHEREAS, the Board cf County Commissioners and the Collier County management and legal staff are constantly presented with ~he necessity for making decisions regarding all phases of County policy, management and legal counsel, respectively; and WHF-~EAS, local governments and their employees have recently become subject to increasing numbers of lawsuits based upon state and federal laws; and WHF_P~AS, it is essential to ~he effective operation of County government that policy, management and legal decisions be made competently, in the public interest, and with the threat cf personal liability for board and staff members for making said decisions being maintained at a minimum so as to avoid the "chilling effect" on the proper and diligen~ perfc~ance of public duties recognized by the Florida Supreme Court in Thornber v. Ci~¥ of Fort Walton Beach, 568 $o.2d. 914 (1990); and WHF~F. AS, Florida statutory and case law, as well as Attorney General opinions (hereafter referred to as "AGO"), seU forth the requirements and discretion which are afforded to t_he local governing body to formulate a policy regarding the provision of counsel and payment of legal expenses for Board members, County staff and advisory board members who are involved in litigation arising out of or in connection with the performance of official duties and while serving a valid public purpose; and WHEREAS, Collier County insurance policies currently include County employees as well as Board members and members of the Administrator's and County Attorney,s staff within the scope of coverage, provided that said persons are acting within the scope of their employment and do not fraudulently; and 2002 WHEREAS, =he B~ard of County Commissioners (hereafter also referred to as "Board") desires to hereby set forth and f~rmalize its policy wi~h regard to the provision of legal counsel and the payment of legal expenses incurred by County Commissioners and administrative and legal staff so as promote competent decisions and conduct in the public interest while reducing the T_hrea=, intimidation and chilling effect on performance of official duties created by po=es=iai personal liability for county Commissioners and County staff members while acting in =he scope of their official duties and while serving a valid public purpose. WHEREAS, the various advisory boards, quasi-judicial boards and regulatory boards (hereafter also referred to as .advisor~ board(s)") forned by the Board cf county Commissioners, and the me~ber$ ~_hereof who are appointed by the Board of County Co=missioners, ser~e a critical function wi~h regard to the operation of Collier County Goverrunen=; and WHEREAS, the members of such boards ser~e on a volunteer basis wi=bout compensation for ~he tine spent in perforning their duties and functions; and WHEREAS, said boards and board members are regarded by =he Board of County Commissioners as being within ~he ,~brella of legal protection afforded to the Board of County Commissioners and o~_her Collier County employees; and WHEREAS, =he Board hereby desires to set forth and formalize its policy with regard to the provision of legal counsel and the payment of legal expenses incurred by advisory board members so as to promote competent decisions and conduct in the public interest while reducing ~he ~hrea=, intimidation and chilling effect on performance of official duties created by potential personal liability for advisory board members while acting in =he scope of their official duties and while serving a valid public purpose. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMmiSSIONERS OF COLLIER COUNTY FLORIDA, that'l 1 2002 1. Defin£tion' of "county pe=son(s)"z As used in this Resolution, tAe te~n #County person(s)" shall mean and include the members of ~e Board of County Comnissioners, ~J3e County Administrator and his staff, ~he County Attorney and his' ~taff, all employees of ~he Board of County Commissioners as well as ~he Collier County Airport Au~hority Director and his staff, the Director end staff of any other County-created authority, t_he officers and staff of any dependent or other special district for which the Collier County Board of County Commissioners is t-he governing body or ex-officio the governing body thereof, and any person appointed by the Board of County Commissioners to a Collier County Advisory Board, quasi-Judicial board or regulatory board formed by the Board of County Commissioners of Collier County, Florida. 2. Pursuant to Section 111.07, Florida Statutes, and Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla. 1990), the Board hereby resolves to provide legal representation to County persons in civil actions and in civil righ=s actions subject to the limitations set forth herein. a. Legal representation shall be provided in civil actions and in civil rights lawsuits only if the litigation involving the County person to be represented arises out of or in connection with the performance of official duties and while said County person was serving a valid public purpose. No representation shall be provided in tort actions if the County person acted failed to act in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. No representation shall be provided to any County person in a civil action or civil rights action where said County person acted or AGeNdA ~f~M-- ' lfailed to act with NOT~ Irepresentation shall case No intent to harm. be provided in any 1 Co do eo iAGEN I SI? 1 2002 wher~ %he County person has willfully failed to follow %he legal advice furnished by %he Office of t. he County Attorney, unless t_he Board of County Commissioners specifically finds,-.at a public meeting, that said failure to follow legal advice was for reason(s) wi%hin %he County person's scope of employment and served a valid public purpose. Collier County shall at all times have discretion to determine whet-her to directly represent such individual through the County Attorney's office or to selec= counsel to represent said County person in the civil action or civil rights action. If a County person chooses to obtain private legal counsel without prior authorize=ion from Collier County, all fees and/or costs incurred by such person shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of legal fees and/or costs. Any legal fees and/or costs properly payable under ~his Policy must be reasonable in anount. Pursuant to Section 111.07, Florida Statutes, any attorney's fees and/or costs paid or incurred by the County for any County person who iS found to be personally liable by virtue of acting outside the scope of employment, in bad faith,'with malicious purpose, or in a manner exhibiting wanton and willful disregard ok human rights, safety or 'property, may be recovered by the County in a civil action against such County person. Notwithstanding anything else stated in this section or this Resolution, the Board shall have the sole and absolute discretion allowed by --4-- Section 111.07, Florida Statutes, as well as by applicable case law, to not provide legal i representation and to instead reimburse any County person for reasonable attorney-, fees and/or costs in the event 'that said County person prevails in the civil or civil rights action. 3. Pursuant to Sections 111.071 and 111.072, Florida Statutes, the County shall pay for final Judgments, settlements and/or costs involving County persons in civil sctions and in civil rights actions subject to the limitations provided herein. SEP 1 0 2002 I9 _ Collier County shall pay final jud'gnents, settlements and/or costs involving County persons only where the litigation arose out of or in connection with the performance by the County person of official duties and while serving a valid public purpose. No final judgment, settlement or costs shall be paid for by the County in a civil action or a civil rights action if the County person against whom the final judgment, settlement and/or costs have been imposed has acted or failed to act with intent to harm. The County shall not pay any final judgment, settlement and/or costs in tort actions where a County person has acted or failed to act with bad faith, malice or with wanton~ and willful disregard of human rights, safety or property. No judgment and/or costs shall be paid in any case where the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advi~e was for reasons within the County person's scope of employment and served a valid public purpose. I b. Any final judgments, settlements and/or 'costs paid or incurred by the County shall be in stric: a~herence with the sovereign immunity recovery limits set forth in Section 766.28, Florida Statutes. c. If t. he County person has had private legal representation in ~he case, contrary to the provisions of Section (2) (b) of this Policy,~any final judgment, settlenent and/or costs imposed shall be ~he sole responsibility of said person and Collier County shall accept no . responsibility for paynen% of the final Judgment, settlement and/or costs. d. Pursuant to Section 111.071(4), this section is Dot intended to be a waiver of sovereign immunity or a waiver cf any other defense or immunity to such lawsuits. 4. In oases where a County person is formally charged with a criminal violation, the County shall pay the legal fees and/or costs incurred by said County person only under the following circumstances: a. The charges against the County person arose out of or in connection with the performance of official duties and while serving a valid public purpose. b. The County person has been acquitted or the charges dismissed. Lome!o v. City o~ Sunrise, 423 $o. 2d. 974 (4th DCA 1982), pet. for rev. dismissed at 431 So.2d. 988 (Fla. 1983), and AGO 89-33. C. The legal fees and/or reasonable in amount. -6- AGENDA IIEM_ SEP I 0 2002 Pg. b: d. The ~oun=y person has first notified =he County administration and legal s~aff of t/la pendency of ~he charges and has permit=ed ~he County the oppor=unity to either directly provide c~unsel or ~o allow said County person ~o choose his/her own counsel. e. The charges have not resulted from the willful failure of the County person to follow t. he legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, t. hat said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid . public purpose. f. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of a criminal case shall be paid by the County only for proceedings involving potential criminal liability for the County person and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance cf official duties and while serving a valid public purpose. AGO 94-11. The provisions cf Subsections 4b, c, d and e of this Resolution shall also govern these cases. g. In the' event that the County person has been provided legal representation by the County and the County person is found guilty of a criminal charge, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. 5. The County shall pay legal fees and/or costs incurred County persons in cases involving formal ethics charges --7-- subject to the limi~ations provided herein: a. The e~hics charges arose from conduct related to ~he performance of official duties and while serving a valid public purpose. ~, 397 So. 2d. 352 (1sC DCA 1981) and AGO's 85-51 and 90-74. b. The County person has prevailed and successfully defended against ~,he e~hics charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County administration and legal staff of the pendency cf the charges and has permitted the County the opportunity to either directly provide counsel or to allow said County person to choose his/her own counsel. e. The charges have not resulted from the willful fail~Lre of t_he County person to follow ~he legal advice furnished by ~he office of the County Attorney, unless ~he Board of County Commissioners specifically finds, a= a public meeting, that said failure to follow legal advice was for reasons within the County ~' person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages'of an ethics complaint shall be paid by the County only for proceedings involving potential civil and/or criminal liability and/ct ethics sanctions for the County person and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO --8-- $1 P 1 0 2002 94-1f. The provisions of Subsections 5b, c, d and e of ~his Resolution shall also govern these I cases. g. In t-he event that ~he County person has'. been provided legal representation by ~he County and the County person is found by the Florida Ethics Commission or other appropriate tribunal having jurisdiction over t. he case to have committed ethical violations, t-he County nay recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. h. Nothing in this section shall be cons=rued to preclude the County Attorney from requesting formal or informal ethics opinions on behalf of one or more commissioners. 6. The County shall pay legal fees and/or costs incurred by County persons in cases involving non-county a~ministrative and/or regulatory proceedings and/or for=al charges subject to ~he limitations provided herein: a. The proceedings and/or charges arose from conduct related to the performance of official duties and while serving a valid public purpose. b. The County person has prevailed and successfully defended against t. he proceedings and/or charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County Administration and legal staff of the pendency of the proceedings and/or charges and has permitted the County the opportunity to directly provide counsel or to allow said County person to choose his/her own counsel. The charges and/or proceedings have not resulted from the willful failure of the County person to --9-- iAGENDAITEM SEP 1 0 2002 follo~ the legal advice furnished by t. he Office of the County Attorney, unless ~he Board of County Commissioners specifically finds, at a public meeting, ~hat said failure to follow legal advice was for reasons within t_he County person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by ~.he County person during the pendency of the proceedings and/or the investigatory, pre-charge stages of an administrative or regulatory case shall be paid by the Coun=y only for proceedings and/or charges involving potential civil and/or criminal liability and/or administrative/ .regulatory sanctions for t_he county person and where the allegations are ultimately deter=ined to be unfounded and to have risen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11 m~ provisions cf Subsections 6b, c, d and e cf this Resolution shall also govern these cases. g. In the event that the County person has been provided legal representation by the County and the county person is found, by an administrative or regulatory agency or other appropriate tribunal having jurisdiction over the case, to · ' have civil or criminal liability and/or to have violated administrative or regulatory rules, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. 7. The County shall pay legal fees and/or costs incurred by imdividual members of the Board of County Commissioners for instituting, as opposed to defending, litigation only where all -10- AG ..... A IT_ SEP 1 0 2002 Pg. of the following circumstances are present: a. The litigation arises from or in connection wi~h I ~he Board members performance of official duties and the litigation serves a valid public purpose. b. This section shall apply only to members of ~he Board of County Commissioners and not to any other "County person" defined in Section I of this Resolution. c. The Board member must prevail in said litigation. d. The legal fees and/or costs are reasonable in amount. e. The Board member shall have first notified the Board of County Commissioners, the County Administrator and the County A==orney prior to the commencement of the litigation and shall have permitted t_he County the opportunity to either directly provide counsel or to allow said Commissioner to choose his/her own counsel. f. The litigation has no: resulted from the willful failure to follow the legal advice furnished by the Office of the County Attorney, unless the ~ Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the Commissioner's scope of employment and served a valid public purpose. g. In the event that the Commissioner has been provided legal representation by ~he County and the Commissioner does not prevail in the litigation, then the County may recover from the Commissioner in a civil action all legal fees and/or costs paid or incurred by the County. 8. All preliminary decisions administering and -11- implementing =his policy shall initially be made by the County Administrator and/or his designee and t, he Office of ~he County Attorney in cooperation and consultation wi~h each other's respective offices. Both offices are hereby delegated, the power to make any lawful and reasonable investigation and evaluation of cases arising under this policy. Said evaluation shall take into account all available relevant information in addition to =he nature, type, number and substance of the allegations contained in any pleadings filed and/or served in any legal proceeding. Ail final determinations regarding the implementation and administration of this policy shall be made only by the Board of County Commissioners which is in accordance with AGO's 85-51, 89-22, 90-74 and 91-58. The Board shall also make all final determinations regarding the provision of a legal defense and/or paying legal expenses of County persons ~or any type of legal claim or suit arising frcn a County person's performance of official duties while se.~ving a valid public purpose if said type of claim or suit is not specifically addressed by this Resolution. 9. Collier County Board of County Co=missioners Resolution Nos. 85-126 and 85-178 are hereby repealed and superseded in their entirety. ' ' This Resolution adopted after motion, second and majority vote~' favoring same. .ATTEST: '"' ',~' '"... DWIGHT' ~ ~ !.- ..BROC.K, Clerk Approved as to form and leg~l'~suf f iciency: Chief Assistant County Attorney BOkRD OF COUNTY COP2~..ISSIONERS COLLIER CO~ ~TTYE J. ~THEW$, Chairman -!2- AGENDA ITEM SEP 1 0 2002 Patrick E. Geraghty Board Certified Civil Trial Lawyer Thomas M. Dougherty C. Berk Edwards David M. Goldberg 'GERAG~, The Law Firm Of DOUGHE TY & EDWAI S, Attorneys At Law July 1, 2002 Poao The Courtney Building, Suite 100 2069 First Street Post Office Box 1605 Fort Myers, Florida 33902-1605 941-334-9500 FAX: 941-334-8930 Michael W. Pettit, Esq'i Collier County Attorney's Office 3301 Tamiami Trail East Naples, Florida 34112-4902 Re: State v. Garay, et al Case No. 00-793 CFA, B,C Dear Mike: Enclosed is a copy of a copy of a Notice of Nolle Prosequi which was filed by Michael J. Provost on June 25, 2002 in the above-referenced case. This concludes that criminal case and Mr. Garay's pre-trial diversion program is likewise concluded since the case has been dismissed. Pursuant to our prior discussions, I am enclosing this firm's statement for services rendered in the captioned matter. Please remember that our firm was the firm that handled the appeal to the Second District Court of Appeal and also to the Florida Supreme Court. We handled it on behalf of all of the Defendants which is the~reason why our bill is the amount it is. Once you have had a chance to review, I would appreciate you advising this office when we might expect to receive payment. PEG:aag Enclosures cc: Mr. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLO .RIDA CRIMINAL ACTION STATE OF FLORIDA CASE NO: 00-793-CFA - (DRM) (gyP) vs. /,~ --~-- , - ~ .,~. RANDY GARAY .- ,: :.,. ., _ NOTICE OF NOLLE PKOSEQUI NOTICE IS [-mREBY GWEN that the ST^TE has and does hereby give its Notice ofNolle'[~;o-s'~u-i-, in the above-styled cause., for the folk~wing charge(s) only: L Florida Litter Law H: Improper Disposition of Hazardous Waste JOSEPH P. D'ALESSANDRO S:rATE ATTORNEY BY: Assistant State Attorney Florida Bar Number 0365025 3301 E. Tamiami Trail Administration Building F, 6'h Floor Naples, Flor/da 34112 (239) 774-8470 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true arid correct copy of the above and foregoing has been furnished to Patrick E. Geraghty, Attorney At Law, Post Office Box 1605, Fort Myers, Florida 33902-1605, SH Collier Sheriff, Sheriff of Collier County, 3301 East Tamiami Trail, Building J, Naples, Flor/da 34112; and to Witness Management, Collier County Government ~omplex, 3301 E. Tamiami Trail, Building L, Naples, Florida 34112 by Mail this ~J/P~ day of'~t'/.,r~ ,2002. /? ~ l~ichael J. Provost[ /~/// -- t Assistant State Attorney AGENDA tTE~' NO .lC, SEP 1 0 2002 Geraghty, Dougherty & Edwards, P.A. 2069 First Street, Suite 100 P.O. Box 1605 Ft. Myers, FI 33902 Invoice submitted to: Office of the County Attorney 3301 East Tarniarni Trail Naples, Flodda 34112 July 01, 2002 In Reference To: GAt=AY/Criminal Invoice # 12885 Professional Services 3/29/2000 PEG Telephone call with J. D'AIlesandro; telephone call with T. Gray; telephone call to M Pettet; several telephone calls to ASA Provest. Hours 1.00 3/3012000 PEG 3/31/2000 PEG Telephone call with Garay regarding Felony Summons; receipt and review of copy of Summons and information regarding felony charges. Telephone call with Garay~ 0.50 0.20 PEG Telephone call with Garay regarding suspension and pay reduction. 0.30 4/5/2000 PEG Telephone call with Garay. 0.10 4/6/2000 PEG Office conference with Randy Garay; telephone call with Randy Garay. 1.20 4/19/2000 PEG Telephone call with Mike Provost at SAO; drafting and filing Plea of Not Guilty, Waive Arraignment Etc. 0.50 5/1/2000 PEG Receipt and review of Notice for Trial. 0.20 SEP 10 2002 Office of the County Attorney 5/4/2000 PEG Receipt and review of Discovery Disclosure from State Attorney's Office Page Hours 0.30 5/5/2000 PEG Telephone call with N. Faeber. 0.10 5/8/2000 PEG 5/10/2000 PEG Telephone call with W. F_arber. Review of criminal status; office conference in Naples with Nelson Farber regarding Discovery and Joint Defense. 0.10 2.00 5/12/2000 PEG Telephone call with Client regarding subpoenas for John Hoffman, etc. 0.20 5/15/2000 PEG Telephone call with R. Garay; letter to R. Garay, 0.30 5/22/2000 PEG Telephone call from Randy Garay regarding statements and Discovery. 0.20 6/5/2000 PEG Several telephone calls with Faerber's office regarding 6 depositions set fro Wed.; obtain service on three; telephone call with Patonovic's office regarding time for Matteauch's deposition. 0.50 6/6/2000 TMD PEG Prepare for deposition. · Telephone call with Randy regarding depositions for tomorrow and comments on statements. 2.60 0.30 6/7/2000 TMD Attendance at depositions in Naples. 4.50 6/13/2000 PEG Receipt and review of Notice of Hearing and Motion to Dismiss of Edckson. 0.40 6/15/2000 PEG Telephone call with State Attorney Provost. 0.10 6/2612000 PEG Telephone call with S.A.O. regarding Pre-Trial Diversion. 0.20 jAGEN iT, · SEP I 0 2002 Office of the County Attorney 6/28/2000 PEG Receipt and review of Notice of Hearing regarding Amended Motion to Dismiss and Amended motion from Edckson's Counsel. 7/5/2000 PEG Telephone call with Randy Garay. Hours 0.20 Page 3 7/7/2000 TMD Telephone call with R. Gamy. 0.20 TMD Telephone call with M. Provost, A.S.A. 0.20 7/10/2000 PEG Several telephone calls to Randy; letter to Randy. 0.40 7/21/2000 PEG Receipt and review of letter from Provost regarding Pre-Trial Intervention Program. 0.20 7/27/2000 PEG Telephone call with Attorney's Day and Faeber over Motion to Challenge Constitutionality of Statute and Pre-Trial Division; telephone call with Client; letter to Mike Provost. 1.00 8/21/2000 CBE Research law regarding Constitutionality of F.S 403.727. 1,00 8/22/2000 PEG Draft Order Granting. Motion to Dismiss; letter to Court; telephone call with Attorney Days office. ' 0.80 8/25/2000 PEG Telephone call from S.A.O. regarding Motion Toll Speedy Trial for Appeal; research of Tolling issue; letter to Client. 1.75 PEG Telephone call with Garay regarding Hearing; preparation for and attendance at Headng on Motion regarding Constitutionality of Statement; travel to and from Naples for Headng and attendance at Headng. 5.25 8/26/2000 PEG Attendance at Docket Sounding and Motion to Toll; including travel to and from Naples. 3.25 iAGENDA ITEM.. SEP ! O 2002 Office of the County Attomey 8/2912000 PEG Telephone call from R. Gamy. Hours 0.10 Page 4 PEG Several telephone calls with R. Gamy regarding interview;, telephone call with D. Day; several telephone calls with reporter. 0.70 PEG Telephone call from Stat~ Attorney Office regarding drafting Order Dismissing ~,ourt to Perfect Appeal. 0.10 8/30/2000 PEG Telephone call with R. Gamy regarding T.V. report. 0.30 9/11/2000 PEG Telephone call with Client regarding status. 0.20 9/12/2000 GP Receipt and review of Notice of Appeal; statement of Judicial Acts to be reviewed and directions to Clerk. 0.50 9/19/2000 G P Receipt and review of Amended Notice and attachments. 0.20 11/28/2000 PEG Telephone call with Gary regarding status. 0.20 12/4/2000 PEG 12/5/2000 GP Telephone call with R. Ga~ay regarding status. Receipt and review of Appellant's Motion to Consolidate. 0.20 0.20 PEG Telephone call with Attorney Day's Office regarding Appeal. 0.10 12/6/2000 PEG Telephone call with Attorney Day's office regarding Appeal; telephone call with R. Gamy. 0.20 12J15/2000 GP Receipt and review of Order of Consolidation. 0.10 12/27/2000 PEG Review of Motion to Consolidate Appeal; letter to Assistant Attorney General Advising of Motion to Consolidate. 0.60 ~ AGEN I SEP 1 0 2002 Office of the County Attomey 1/8/2001 PEG Telephone call with R. Garay regarding status of case. 1/1112001 PEG Telephone call with R. Garay regarding update. 1/23/2001 GP 2/1/2001 PEG 2/7/2001 PEG Receipt and review of Appellant's Motion to Supplement Record and Supplemental Directions'to Clerk. Draft letter to Faerber & Day regarding Oral Argument. Telephone call with D.Day's office regarding Appeal; telephone call to N. Faeber~s office regarding Appeal. 2/1612001 PEG Telephone call with Don Day regarding Appeal. 2/22/2001 PEG Conference with Attorney Day at his office in Naples regarding Bdef; including travel time to and from, PEG Telephone call with R. Garay regarding status. GP 2/25/2001 GP Receipt and review of Initi¢l Bdef. Research and analysis for Appellees' Bdef. 2/26/2001 GP Further research and drafting of Statement of the Facts. 2/27/2001 GP 2/28/2001 GP Drafting of Answer Brief; further research and analysis. Review and revision of Answer Bdef. 3/1/2001 GP Final draft; service of Bdef. 3/6/2001 PEG Review of Docket Sheet. Page 5 Hours 0.10 0.20 0.50 0.20 0.20 0.20 1.25 0.10 0.40 8.00 8.00 9.50 5.50 1.50 0.30 AGENDA ITEM . NO.--L(.~'~ ~.~ SEP 1 0 2002 Office of the County Attorney 3/14/2001 PEG Review of First Draft of Bdef; fax to Day. Hours 1.00 Page 6 4/5/2001 GP Receipt and review of Reply Brief. 2.50 4/7/2001 GP 4/18/2001 PEG Receipt and review of Notice of Supplemetal Authority and attachment. Review of Reply Bdef and Supplemental Authority; telephone call with R. Garay regarding status. 1.25 5/2/2001 PEG Telephone call from Client regarding status. 0.20 5/29/2001 CBE Telephone call with Augusta Poser from DEP regarding Amicus Brief, 0.20 6/6/2001 PEG Telephone call from Posner of D.E.P.; telephone call to D. Day regarding Amicus Brief. 0.30 6/12/2001 PEG Letter to R. Garay and Co-Counsel; office conference with G. Pierce; telephone call to Clerk of Second District Court of Appeal. 1.00 6/18/2001 PEG GP Receipt and review of Amicus Brief for initial review. Receipt and review of Motion for Leave to File Amicus Brief and attachment. 0.50 0.80 6/20/2001 PEG Review of Motion to File Amicus Brief and the Brief from D.E,P. 1.00 GP Receipt and review of Order Granting Motion of Amicus. 0.20 6/22/2001 PEG Telephone call with Gary regarding Status. 0.20 7/3/2001 GP Review and analysis of Amicus Brief; research and review of applicable law. 4.80 AGEN SEP 1 0 ?.002 Office of the County Attomey 7/3/2001 PEG Telephone call with Co-Counsel regarding Amicus Brief; office conference with G. Pierce. Hours 0.75 Page 7 GP Research of applicable law. 7/16/2001 GP Drafting Answer Bdef. - 5.50 PEG Review of Amicus Bdef filed by D.E.P. 0.80 7/17/2001 GP Review and revision; final draft; service. 2.20 PEG Review of Final draft; mail to Clerk. 0.75 7125/2001 PEG Telephone call with R. Garey. 0.10 812/2001 GP Receipt and review of decision; analysis of further appellate possibility. 1.80 PEG 8/8/2001 PEG Receipt and review of Appellate Opinion Reversed and Remanded. Review of Appellate Decision; telephone call from Press. 0,50 0.60 8/9/2001 PEG Telephone call with Attorney Pierce; telephone call with R. Garay; telephone call with Attorney Day; telephone call with N. Fraber. 1.00 8/13/2001 PEG Telephone call with D. Day; telephone call with S.A.O. 0.40 8/14/2001 PEG Preparation for and attendance at conference with M. Bo~, letter to Client and Attorneys. 1.40 8/20/2001 PEG Telephone call with R. Garay regarding status. 0.20 J AGENDA ITEM _ SEP 1 O 2002 Office of the County Attomey 8/27/2001 PEG Telephone call with R. Garay; drafting Notice of Appeal to Supreme Court; forwarding same with check to Second District Court of Appeals. Hours 1.25 Page 8/28/2001 GP Drafting and service of Notice of Intent to Invoke. 8/2912001 PEG Telephone call with M. Provost; letter to D. Day and N. Faeber; letter to Client;, telephone call with Faeber and Day. 0.80 9/5/2001 PEG Telephone call with Mike Snyder, telephone call with N. Faeber, several telephone calls with Garay; telephone call to City Attorney Mr. Pettit. 1.00 9/9/2001 GP Research and drafting Bdef on Issue of Jurisdiction. 4.00 9/10/2001 GP Review and revision of Bdef; service of Brief in final form. 2.50 9t14/2001 PEG Telephone call with City Attorney regarding discipline. 0.40 9/17/2001 PEG Legal research regarding payment by City of Fees; telephone call with N. Faeber. PEG Telephone call with M. Pettit; legal research. 9/19/2001 PEG Telephone call with M. Pettit regarding Plea and fees. 1.00 0.60 0.20 9/20/2001 PEG Letter to R. Garay, D. Day and N. Faeber. 0.60 10/2/2001 GP Receipt and review of Order from Supreme court. 0.20 10/9/2001 PEG Review of Order from Supreme Court; telephone call with Mike Pettit. 0.30 10/18/2001 GP Receipt and review of Respondent~s Amended Bdef. 0.50 SEP 1 0 7.002 J 'SG J Office of the County ^ttomey 10/25/2001 PEG Telephone call with Mr. Pettit; letter to Mr. Petfit. 10/31/2001 PEG Telephone call with M. Petit;fax to M. Pettit;telephone call with R. Garey. Hours 0.50 Page 9 11/1/2001 PEG Telephone call with M. Pettit; telephone call with D. Day; telephone call with N. Faeber. - 11/14/2001 PEG Telephone call with R. Garay; telephone call with D. Day; review of material. 0.50 11/15/2001 PEG Fax to R. Garey; several telephone calls with R. Garey; telephone call with N. Faeber. 0.60 DMG Office conference with PEG regarding Headng and Diversion Offer. 0.50 11/19/2001 DMG DMG Telephone conference with Client regarding Hearing. Attendance at Headng; including travel to and from Naples. 0.20 3.30 DMG Telephone call with Client~'egarding entire Diversion Package and Modification. 0.40 DMG Telephone call with Client. 0.10 11/20/2001 DMG Telephone call with ASA Provost regarding Diversion Package. 0.20 11/21/2001 DMG Receipt and review of Notice of Jury Trial. 0.20 11/30/2001 DMG Review new packet for Diversion; spoke with Client regarding new conditions. 0.40 12/12/2001 DMG Prepare letter to Attorney Provost regarding Diversion Program. 0.30 Office of the County Attorney 12/12/2001 DMG Prepare letter to Client regarding Divemion Program. 12/21/2001 DMG Letter to Provost. Hours 0.30 0.20 Page 10 DMG Telephone call with Client. For professional services rendered Additional Charges · 6/15/2000 Gregory Court Reporting, invoice #950110. 0.20 Amount 128.70 $16,087.50 134.85 6130/2000 Photocopies 7.25 Faxes 5.00 8/28/2000 Travel to and from Naples. 28.00 8/31/2000 Photocopies Long distance telephone calls. 0.25 3.72 10/31/2000 Photocopies 3.75 12/29/2000 Photocopies 1.00 Postage 1.32 1/31/2001 Postage 0.89 Photocopies 0.25 AGENDA ITEM SEP 1 0 2002 Office of the County Attorney 2/28/2001 Photocopies Postage 3/30/2001 Postage Photocopies 6/29/2001 Postage Photocopies 7/31/2001 Postage Photocopies 8/28/2001 Clerk of the Supreme Court. 8/3112001 Photocopies Faxes 9t28/2001 Postage Photocopies 10/31/2001 Photocopies Faxes 11/19/2001 Travel to and from Naples for Headng. Page 11 Amount 12.75 1.99 6.31 28.75 14.50 4.55 22.50 250.00 2.50 4.00 14.75 62.25 7.25 17.00 28.00 AGENDA I"[~,' SEP 1 0 2002 Pj . Office of the County Attorney 11/30/2001 Faxes Page 12 Amount 11.00 Photocopies 0.75 0.68 4/4/2002 Travel to and from Naples for Headng. 28.00 Total costs $705.75 $16,793.25 $16,793.25 Total amount of this bill Balance due PLEASE MAKE CHECK PaYabLE TO: GERAGHTY, DOUGHERTY & EDWARDS, P.A. Federal Tax I.D. No. 65-0280185 SEP 1 0 2002 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 361 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. TONY GUARINO, III, ET AL., (Golden Gate Boulevard Project, Project No. 63041). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation and as all costs recoverable by the property owner for the acquisition of the easement designated as Parcel 361 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Tony Guarino, III, et al., Case No. 00-1970-CA. CONSIDERATIONS: On September 14, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project, including the acquisition of Parcel 361. On September 29, 2000, Collier County deposited with the Registry of the Court the sum of $13,400.00 for Parcel 361 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, William Schweikhardt, Individually and as Trustee, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-292). The terms of the settlement agreement are set 'out in the Stipulated Final Judgment which is attached hereto as Exhibit "1". The Stipulated Final Judgment provides for $17,400.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 361. The .Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $4,000.00 with the Registry of the Court. In addition, the Stipulated Final Judgment provides that pursuant to Section 2.1.13 of the Collier County Land Development Code, the setback lines will not change in connection with the taking of Parcel 361. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $4,000.00 are available in the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; [ AGEN,D~A ITEl~ lNc). approve the expenditure of the funds as stated in the Stipulated Final Judgment; and o direct staff to deposit the sum of $4,000.00 into the Registry of the Court upon entry of the Stipulated Final Judgment. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: ca, REVIEWED BY: Steve Ritter, Project Manager Transportation Engineering & Construction Management Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering & Construction M~n.agement // ~- :~~~-~ Date: Gregg Strakaluse, Director Transportation Engineering & Const~4~:tion Management ?~ ,. , .~:~.,, Date: No~'h Feder, Administrator T[ansponation Diy~n , David C. Weigel ~ County Attorney AGENDA IT.E~ NO. ib.L SE'P-1 0 DO2 Pg. _~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, TONY GUARINO, RI, et al., Respondents. CASE NO. 00-1970-CA PARCEL: 361 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, WlI.I~IAM SCHWEIKHARDT, Individually and as Trustee, for entry of a Stipulated Final Judgment as to Parcel No. 361, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, WIIJ JAM SCHWEIKHARDT, Individually and as Trustee, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, WIIJIAM SCHWEIKHARDT, Individually and as Trustee, have and recover from Petitioner, COl J JFR COUNTY, FLORIDA, the sum of Seventeen Thousand Four Hundred and No/100 Dollars ($17,400.00) for Parcel No. 361 (which amount includes the $13,400.00 previously deposited by Petitioner pursuant to the Order of Taking) as full payment for the property interests taken and for damages resulting to the AGENDA ITEM NO./~ ~- I SEP 102/002, Pg. remainder, if less than the entire property was taken, business damages, and for all other damages in connection with the acquisition of Parcel 361; it is further ORDERED that pursuant to Section 2.1.13 of the Collier County Land Development Code, the setback lines will not change in connection with the taking of Parcel 361; it is further ORDERED that Petitioner shall deposit an additional Four Thousand and No/100 Dollars ($4,000.00), subject to approval of the Board of County Commissioners, within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that no attorneys fees or other costs shall be paid for the acquisition of Parcel 361 ORDERED that the Clerk of this Court shall disburse the total amount of Seventeen Thousand Four Hundred and No/100 Dollars ($17,400.00) to William Schweikhardt, Individually and as Trustee c/o Law Offices of William Schweikhardt, 900 Sixth Avenue South, Suite 203, Naples, FL 34102, less any amounts previously paid for the benefit of Respondent, WILLIAM SCHWEIKHARDT, Individually and as Trustee; it is further ORDERED that title to Parcel No. 361, sidewalk, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 14, 2000, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2684, Page 1008 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 361; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore AGENDA ITEM SEP 1 0 2002 Pg. day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ,2002. conformed copies to: Heidi F. Ashton, Assistant County Attorney William Schweikhardt Hugh D. Hayes Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 361. Individually and as Trustee c/o Law Offices of William Schweikhardt 900 Sixth Avenue South, Suite 203 Naples, FL 34102 Respondent Dated: HE1DI F. ASHTON, ESQ. Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Flor/da 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner SEP 1 Il 200 I I AGENDA IT. EM SEP 1 I] 2002 EXECUTIVE SUMMARY APPROVE THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2001-2002 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AND AUTHORIZE STAFF TO SUBMIT THE CAPER TO THE U.S. DEPARTMENT OF HUD. OBJECTIVE: The Board of County Commissioners approve the County's Community Development Block Grant (CDBG) Program Year 2001-2002 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and authorize staff to submit the CAPER to the U.S. Department of HUD. CONSIDERATIONS: The County is required to prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) for the CDBG Program Year 2001-2002 (the program year ended on June 30, 2002) to the U.S. Department of Housing and Urban Development prior to September 30, 2002. The CAPER was developed utilizing the County's Citizen Participation Plan adopted on January 9, 2001. FISCAL IMPACT: For the program year 2001-2002, the county expended $956,014 of the available funding of $2,087,000. The amount of $1,007,564 the CDBG funding is encumbered to complete the projects listed on the County's Consolidated Plan One-Year Action Plan FY 2001-2002, amended on June 11, 2002 and Program Administration unspent fund of $123,118 has been reprogrammed for the FY 2002-2003 project in compliance with the U.S. Department of Housing and Urban Development's rules and regulations. These funds should be fully expended by June 30, 2003. GROWTH MANAGEMENT IMPACT: The CDBG Program projects implement the Growth Management Plan and Redevelopment Plans by providing infrastructure improvements & housing assistances to improve health, safety and welfare of the community. RECOMMENDATION: The Board of County Commissioners approve the County's Community Development Block Grant (CDBG) Program Year 2001-2002 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD) for the Cc~mrmmltv A~ ~TEM_ SEP 1 0 2002 Collier County's CDBG program Year 2001-2002 Activities & Funding Summary Funding Resources: Community Development Block Grant FY 2001-2002 $2,087,000 Activities Undertaken: Activity / Location Responsible Sub- 1 Budgeted Actual Encumbered Recipient / Agency Amount Stormwater Drainage Improvements - Marco City of Marco Island $250,000 -0- $250,000 Island River Park Community City of Naples Center - Naples I$250,000 -0- $250,000 Aflbrdable Housing -- Collier County Housing i ~ t Infra~tr,3cture Support - Authority ! S2 l 3,000 -0- $213,000 I mmokalee t Affordable Housing Habitat for Humanity of i Infrastructure Support- Collier County, Inc. S600,000 $554,101 $45,899 Habitat Village at Victoria Falls Street Lights - Immokalee Collier County FAH / $48,000 $48,000 -0- i Transitional Housing- Infrastructure Support - St. Matthew's House $224,160 $131,691 $92,469 Wolfe Apartments I, Special needs housing Collier Housing Alternatives (David $47,000 $47,000 -0- rehabilitation assistance - Yhomason Drive Lawrence Center) Rural Prescription Collier County Social Medication Program - Services Department $60,000 -0- $60,000 Immokalee Yemporary Employment Services St. Matthew's House $96,500 -0- $96,500 Program Planning & Collier County FAH Administration** $298,340 $175,222 -0- Total $2,087,000 $956,014 $1,130,986 ** Unspent fund balance of $123,118 in Program Administration has been reprogrammed for the FY 2002-2003 project in compliance with the U.S. Department of Housing and Urban Development's rules and regulations. SEP 1 0 2002 1~. ~' Development Block Grant (CDBG) Program, and authorize staffto submit the CAPER to the U.S. Department of HUD. SUBMITTED BY: ~ ' '" ~"-'-~ Lee H. Comb_s, HJ~/Fide~a}/Grants REVIEWED BY: H. Den{on Baker, FAH D~or APPROVED BY: ///~,-~,*-.-~~ Joslin. Schmitt,/cD~s'Administrator Date: Manager Date: Date: '~/,~?/o~- AC~ENDA I'rEI~ ~iq fy SEP 1 0 2002 COLLIER COUNTY, FLORIDA CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FY 2001-2002 (.;~/h;'r CoanO, I')'~an~ial..hhm'm:~'lranmz and I Co~ier (:o~(~, Bomzl q/' CozenO, ( :om 3050 North t Io~¢&oe Dth,e, ,D~ile 275 ~X'ap& 17I~ 34104 .' h(g~s/8. 2002 SEP ! 0 2002 Table of Content EXECUTIVE SUMMARY ............................................................................................................. 1 NARRATIVE STATEMENT ......................................................................................................... 3 ASSESSMENT OF STRATEGIC PLAN GOALS AND OBJECTIVES ..................................... 3 AFFIRMATIVELY FURTHERING FAIR HOUSING .............................................................................. 4 AFFORDABLE HOUSING ................................................................................................. 5 ................. CONTINUUM OF CARE .................................................................................................... OTHER ACTIONS ......................................................................................................................... LEVERAGING RESOURCES ...................................................................................................... 8 CITIZEN COMMENTS ....................................................................................................................... ~8 SELF-EVALUATION ......................................................................................................................... ~9 CDBG NARRATIVE ..................................................................................................................... 10 DS 10 USE OF CDBG FUN .................................................................................................................. NATURE AND REASONS FOR ANY CHANGES IN OBJECTIVES ........................................................ 10 EFFORTS IN CARRYING ()UT CONSOLIDATED PLAN ACTIVITIES .................................................... 10 ~ 10 NATIONAL OBJECTIVES ................................................................................................................. ACQUISITION AND DEMOLITION ACTIVITIES ....................................................................... 10 ECONOMIC DEVELOPMENT ACTIVITIES ............................................................................... l 0 NON-PRESUMED BENEFIT LIMITED CLIENTELE ............................................................................ 1 1 PROGRAM INCOME ........................................................................................................................ COMPLETED REHABILITATION DATA ........................................................................................... NEIGHBORItOOD REVITALIZATION STRATEGIES ........................................................................... 11 FINANCIAL REPORTS ............................................................................................................... 12 SUMMARY OF ACCOMPLISHMENTS (IDIS C04PR23) ......................... : ........................................ 13 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (IDIS C04PR06) ............ 14 CDBG FINANCIAL SUMMARY REPORT (IDIS C04PR26) ............................................................ 15 C DBG ACTlViTY SUMMARY REPORT (GPR) (IDIS C04PR03) .................................................. 16 CDBG HOUSING REHABILITATION ACTIVITIES (IDIS C04PR 10) ............................................... 17 FEDERAL ENTITLEMENT GRANT FUNDING (IDIS C04PR01 ) ...................................................... 18 LIST OF ACTIVITIES (IDIS C04PR02) .......................................................................................... 19 GRANTEE SUMMARY ACTIVITY REPORT (IDIS C04PR08) ........................................................... 20 ORAWDOWN VOUCHER REPORT (IDIS C04PR07) .......................................................................... 21 DRAWDOWN REPORT BY PROJECT AND ACTIVITY (IDIS C04PR05) ............................................... 22 CURRENT CDBG TIMELINESS REPORT (IDIS C04PR56) .................................................................. 23 PROJECT LOCATION MAP ...................................................................................................... 24 APPENDIX ..................................................... ; ............................................................................... 25 AFFIDAVIT OF PUBLICATIONS FOR AVAILABILITY OF CAPER ................................... 26 SEP 1 0 2002 EXECUTIVE SUMMARY Background In 2001, Collier County, along with its participating cities of Naples and Marco Island, became eligible to directly receive federal funds on an annual basis through the Community Development Block Grant (CDBG) program. This program is administered by the U.S. Department of Housing and Urban Development (HUD). The goal of the Community Development Block Grant program is to develop viable urban communities by assisting low/moderate income households through physical development programs to: · Provide decent housing; · Provide a suitable living environment; and · Expand economic opportunities. The Consolidated Plan concept was developed by HUD to incorporate the requirements for four separate entitlement programs: CDBG, the HOME housing program, the Housing Opportunities for Persons with Aids (HOPWA) program, and the Emergency Shelter Grant (ESG) program. Collier County does not currently have the required population to qualify for the HOME, HOPWA, or ESG programs. This Consolidated Annual Performance and Evaluation Report (CAPER) covers the period from July 1, 2001 to June 30, 2002 for the county's CDBG activities. RESOURCES Approximately $2,087,000 of CDBG funds was available for housing and non-housing needs. Of these funds, approximately $956,014 has been expended, $1,007,564 has been encumbered. Program Administration fund of approximately $123,422 has been reprogrammed for the FY 2002-2003. Please see the Financial Report section for the details. Projects in the FY 2001-2002 One-Year Action Plan were selected as the most adequate and cost effective way to address identified needs with available federal, state and local funding resources. The population served by all strategies and programs were very low, Iow and moderate-income families. CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 0 2002 Following is the fund allocation and actual expenditures for the fiscal 2001-2002 program year: CDBG: Activity / Location Responsible Sub- Budgeted Actual Encumbered Recipient / Agency Amount Stormwater Drainage Improvements - Marco City of Marco Island $250,000 -0- $250,000 Island River Park Community City of Naples Center - Naples $250,000 -0- $250,000 Affordable Housing - Collier County Infrastructure Support - Housing Authority $213,000 -0- $213,000 Immokalee Affordable Housing Habitat for Humanity Infrastructure Support- of Collier County, Inc. $600,000 $554,101 $45,899 Habitat Village at Victoria Fails Street Lights - Collier County FAH $48,000 $48,000 -0- Immokalee Transitional Housing- Infrastructure Support- St. Matthew's House $224,160 $131,691 $92,469 Wolfe Apartments Special needs housing Collier Housing rehabilitation assistance Alternatives (David $47,000 $47,000 -0- Thomasson Drive Lawrence Center) Rural Prescription Collier County Social Medication Program - Services Department $60,000 -0- $60,000 Immokalee Temporary Employment 1 Services· St. Matthew's House $96,500 -0- $96,500 Program Planning & Collier County FAH Administration** $298,340 $175,222 -0- TOTAL $2,087,000 $956,014 $1,007,564 ** Unspent fund balance of $123,118 in Program Administration has been reprogrammed for the FY 2002- 2003 project in compliance with the U.S. Department of Housing and Urban Development's rules & regulations. Please see the Financial Reports section for the details. CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA NARRATIVE STATEMENT ASSESSMENT OF STRATEGIC PLAN GOALS AND OBJECTIVES The following priorities are summarized from those listed in the FY 2001-2002 to 2005-2006 Consolidated Plan. This document is a report of the accomplishments for the first year of this five-year plan. Priority: Affordable Housing Provide downpayment/closing cost assistance/impact fee relief to 500 Iow-income households to attain homeownership; Acquire land/install infrastructure for affordable housing to 100 very-low income households to attain homeownership; Provide Housing Rehabilitation to 25 owner-occupied units; and Rehabilitation of affordable rental units. Activities funded included infrastructure support for affordable housing development, downpayment/closing cost assistance, impact fee relief, owner- occupied housing rehabilitation and impact fee deferrals for affordable rental housing units. In addition, CDBG and state funded State Housing Initiative Partnership (SHIP) funds were major source of funding for single-family aflbrdable housing development infrastructure support, single-family rehabilitation and downpaymentJclosing cost assistance to enable very low- income households to become homeowners. Assistance was provided to rehabilitate affordable special need housing rental units utilizing CDBG funds. Priority: Homeless Help meet the need of homeless through supporting activities to increase temporary shelter and transitional housing capacity, provide support for the homeless to go from transitional housing to permanent affordable housing and independent living. CDBG and SHIP funds have been used to provide infrastructure and construction support for transitional apartments. In addition, CDBG funds have been allocated to help support the temporary employment service operated by a local homeless shelter. A new emergency shelter for victims of domestic violence was constructed using SHIP funds. Priority: Special Needs Assigned as a Iow priority for governmental action and does not intend to undertake activities in this area. No funds were provided to this priority. Priority: Non-Housing Community Development Plan There is a need for public facilities, Infrastructure, services, economic development and other support in the sections of the county especially in Community Redevelopment Areas (Immokalee and Bayshore/Gateway Triangle). Certain parts of the county require major drainage and street improvements to accommodate existing and future residents. CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA A~I~,~A ITEM ^ 3!q i/+ SEP 1 0 2002 , Pg., CDBG funds were allocated to improve drainage and flooding problems in Marco Island (this is a 3-year project), additional streetlights in Immokalee, a new community center in the City of Naples River Park area (3-year project), and a rural prescription medication program in Immokalee. AFFIRMATIVELY FURTHERING FAIR HOUSING Collier County plays an active role in affirmatively furthering fair housing, the provision of affordable and accessible housing, and promotion of home ownership. The County adopted a Fair Housing Ordinance in 1986 (amended in 1992). · Action Regarding the Completion of an Analysis to Itnpeditnents to Fair Housing An analysis of impediments to fair housing in Collier County was prepared in 2001 by Florida Planning Group. Inc. under the direction of the Collier County Financial Administration and Housing Department. Information on fair housing was complied from a number of sources, including HUD's Office of Fair Housing, The Florida Commission on Human Relations, the Home Mortgage Disclosure Act, the Collier County Banking Partnership, Naples Area Apartment Association and the Naples Area Board of Realtors. In addition, all the County's non-profit agencies (52) including the NAACP, and churches (139), were surveyed regarding fair housing issues. · Summary oflmpeditnents Identified itt the Analysis The high percentage of build out in the desirable coastal areas of Collier County affects the availability of parcels of land suitable for multi-family and affordable single-family housing. Although maps of Collier County indicate that affordable housing is evenly disbursed throughout the County, there is a perception that affordable housing is clustered in certain areas (East Naples and Immokalee). Collier County has the highest impact fees in the State of Florida. The SHIP Program allocates 50% of their annual allocation to impact fee relief. There is a disproportionate number of rental units for low-income households with federal assistance located in the western portion of the County. High rents make even affordable housing unaffordable. Overcrowding has been identified as the result, but a recent County Ordinance limits the number of people (excluding extended family) who can legally reside within a dwelling. Families on the Collier County Housing Authority's waiting list did not have access to Section 8 certificates and vouchers because the wait is estimated to be 2 1/2 years. Also, the program did not accept new applications on December 1, 2001. CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 1 0 2002 The major impediment to fair housing in the County continues to be the lack of affordable housing. Collier County has the highest median family income in the State of Florida, which has also sparked a rapid rise in housing costs. The survey of the County's social service agencies and churches revealed this to be a key impediment facing the County. Actions Taken to Overcome the Effects of lmpedirnen~ Identified Through the Analysis 1. The Board of County Commissioners passed a resolution establishing April as Fair Housing Month. The Financial Administration and Housing Department coordinated with the U.S. Department of Housing and Urban Development (HUD) to conduct a Fair Housing Workshop in April, which was advertised in both local newspapers in English and Spanish. 3. Fair housing notices and fair housing pamphlets (English/Spanish) will be provided to all libraries, social service agencies and churches. 4. The local newspaper publishers will be encouraged to run a complete publishers fair housing notice (as required by law) on at least a weekly basis in English and Spanish. 5. The Workforce Housing Advisory Committee was formed to explore inclusive land use regulations that would evenly distribute affordable housing throughout the County. The county is actively working to change public policy to encourage mixed-income, multi- family developments and to develop affordable housing in areas that are not predominantly low/moderate areas as part of a continuing effort to deconcentrate poverty. AFFORDABLE HOUSING During the reporting period, the County served the following households: 490 units were assisted through SHIP funding from July 1, 2001 to June 30, 2002. These assistances include down payment and closing costs assistance; owner-occupied rehabilitation assistance; and impact fee deferrals. CDBG funding was used to construct infrastructure support for a 100 single-family affordable housing development and special needs housing, as well as rehabilitation of special needs housing rental complex. Comparison of Annual Objectives and ~tctual ~lccomplishments Provide down paymenffelosing cost assistance/impact fee relief to 500 low-income households to attain homeownership. 400 households were assisted during the reporting period with down payment/closing cost assistance and impact fee relief to attain homeownership. These assistances were provided by SHIP funds. CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SE}: i 0 2002 · Acquire land/install infrastructure for affordable housing to 100 very-low income households attain homeownership. During this reporting period, CDBG funds were used provide infrastructure support for 100 single-family affordable housing development targeted for very-low income household. 19 homes have been built and occupied. This development should be fully occupied with very-low income households by June 2003. · Provide Housing Rehabilitation to 25 owner-occupied units. 90 units were rehabilitated during this reporting period. Very-low income households occupy all units. These assistances were provided by SHIP funds. · Rehabilitation of Affordable Rental Units. During this reporting period, CDBG funds were used to rehabilitate 15 units rental-housing complex occupied by special needs clients. CONTINUUM OF CARE Collier County Hunger and Homeless Coalition was established in 1989 for the purpose of coordinating service to the homeless and working poor in and around Collier County. The Coalition has created a community wide process to develop the County's Continuum of Care for the homeless, involving all interested stakeholders, both public and private, in a coordinated effort to create a comprehensive system of care for homeless individuals and families and those who are at risk of becoming homeless. The Coalition has grown to include 42 member organizations. Collier County Hunger and Homeless Coalition was the lead agency in HUD 2001 Continuum of Care grant and received the very first Continuum of Care Grant for supportive housing construction and supportive housing renewal for transitional living center. The following projects were funded through the Continuum of Care grant: St Matthews House -Permanent supportive housing program funds to be used towards the construction and provision of services for the Wolfe Apartments Permanent Housing for disabled homeless project. When the construction is complete, it will provide 12-unit apartment complex, providing housing and supportive services to persons with disabilities who requires a supportive permanent housing environment. The project will promote residential stability, increased skills and income and greater client self-determination for all program participants. Salvation Army - Renewal funding to provide the Transitional Living Center Housing program for homeless families for period of two years. The project assists families to develop the skills and resources needed to regain economic stability and transition to independent living and permanent housing. OTHER ACTIONS · Actions to Address Obstacles to Meeting Underserved Needs COLLIER COtJ~TY, FLORIDA SEP 1 0 2002 Collier County has the highest median family income in the State of Florida, which has also sparked a rapid rise in housing costs. The high percentage of build out in the desirable coastal areas of Collier County affects the availability of parcels of land suitable for multi-family and affordable single-family housing. The high cost of land and infrastructure support needed make it difficult to acquire sites for construction of owner-occupied housing and rental units affordable to very-low income households. Affordable housing developers both non-profit and profit struggle to identify sites that are economical to acquire and develop. The County grants impact fee deferral to affordable multi-unit rental complexes; through SHIP program, low interest or zero interest loan to non-profit housing developers construct affordable housing units to serve low to moderate income households; and CDBG funding provide necessary infrastructure to develop affordable housing development. Foster and Maintain Affordable Housing During this reporting period, activities funded include down payment/closing cost assistance, owner-occupied rehabilitation, impact fee deferrals, infrastructure support for affordable housing and special needs development, and rehabilitation of special needs rental units. In addition to CDBG funds, State funds (SHIP) were a major source of revenue for single-family down payment/closing cost assistance, owner-occupied rehabilitation, and impact fee deferrals to enable low and moderate households to become homeowners. Eliminate Barriers to Affordable Housing The County continues to operate incentive programs to encourage affordable housing. Actions taken include a fast-track permitting process, impact fee deferrals, density bonuses, the reduction of setbacks and parking, allowing zero-lot line development, and use of established process to consider, before adoption, proposed land development code changes that may have a significant impact on the affordable housing. The County also has a Workforce Housing Advisory Committee. The Committee's task is to identify and develop alternatives to meet the affordable housing needs of the workforce. Overcoming Gaps in Institutional Structure The County works closely with non-profit housing and social service provider partners to carry out its various housing and community development activities. The County provides technical assistance to various non-profit service providers in their endeavors to obtain grants. Improve Public Housing and Resident Initiatives The County supports the Collier County Housing Authority's plans to implement a homeownership program and development of additional affordable rental units. CAPER FY 2001-21141~2 COLLIER COUNTY, FLORIDA 5EP 1 0 2002 · Reduction of Lead-Based Paint Hazard The County, through its Health Department continues to monitor and respond to all suspected cases of lead poisoning. However, this continues to be a very minor problem in the County, primarily due to the newness of the County's Housing stock. Rehabilitation of housing units built prior to 1978 will undergo lead-based paint inspection. · Compliance with Program and Comprehensive planning Requirements Collier County Financial Administration and Housing Department continues to follow policies and procedures for meeting grant requirements; uses sound accounting and financial procedures; attends HUD-sponsored training sessions; consults with HUD representatives on technical questions; and utilizes information from public input. Reduce Number of Persons living Below the Poverty Level Southxvest Florida Workfbrce Development Board, Inc. (SWFWDB) promotes successful entry into thc workforce through education and job experience. Local education and training program through SWFWDB and Collier County School Board build more skilled workforce and enhance the County's efforts to attract, grow and expand job-creating businesses. Also, the Collier County Housing Authority's Family Self Sufficiency program assists families to gain training and education necessary to earn a higher wage. LEVERAGING RESOURCES The CDBG funds were leveraged with the annual SHIP allocation of $1,800,000 to create affordable housing opportunities for very low, low and moderate-income households. No federal funds were matched for other grants. CITIZEN COMMENTS The notice of the CAPER availability was published for a 15-day public comment period on August 15, 2002. The advertisements were both in English and Spanish. The notice was published in two newspapers (general circulation - Naples Daily News, and a local paper - Immokalee Bulletin). The CAPER was also available for the public review in all county libraries as well as the County's Financial Administration and Housing Department. The public comment period was from August 16, 2002, to September 3, 2002. Please see Appendix for affidavit of publications. CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA '1 SELF-EVALUATION Collier County is meeting the goals and objectives of the first year of the five-year strategic plan (Action Plan) and continuing to emphasize citizen input. Providing assistance to create affordable housing for the low and moderate-income households to become homeowners and rehabilitating owner-occupied substandard housing continues to be a challenge in Collier County. Land suitable for new single and multi-unit housing is expensive. New construction projects require a great deal of time, and costs are high. The County is committed to providing affordable housing to its residents and leveraging available resources, mainly SHIP and CDBG, in the creation of affordable housing to meet the needs of low and moderate-income households and continues to seek various sources of funding and provide support for both for profit and non-profit housing developers. Collier County is meeting the HUD's guideline of timeliness expenditure of grant funding. The County's timeliness ratio is 0.73, which is well below HUD mandated ratio of 1.5. CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA 1 0 2002 CDBG NARRATIVE USE OF CDBG FUNDS CDBG funds were the primary source of funding for infrastructure support for affordable housing and special needs rental development, public works and facilities and public service. 100% of funds expended in FY 2001-2002 benefited low and moderate-income persons. NATURE AND REASONS FOR ANY CHANGES IN OBJECTIVES There were no changes in the program objectives. EFFORTS IN CARRYING OUT CONSOLIDATED PLAN ACTIVITIES The resources discussed through out this document represent all resources indicated in the Consolidated Plan, and all were utilized in implementing the Consolidated Plan goals and objectives. Certificates of Consistency are provided to all requesting agencies after determining that the projects are consistent with Collier County's Consolidated Plan. All request for proposals and project selection and implementation activities were conducted so as to further goals of the Consolidated Plan and meet all CDBG requirements and specifications. NATIONAL OBJECTIVES CDBG funds were used exclusively for the benefit of low and moderate-income persons, one of the three national objectives of the CDBG program. ACQUISITION AND DEMOLITION ACTIVITIES No acquisition or demolition activities were undertaken during this reporting period. ECONOMIC DEVELOPMENT ACTIVITIES CDBG funds has been allocated and encumbered for a temporary employment service provided by a local homeless shelter, St. Matthews House. St. Matthew's House will provide to their residents, who are drug and alcohol-free, a temporary employment service. St. Matthew's expects to put 50 workers per day into various jobs and has obtained backing from area employers willing to hire clean and sober workers. CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA 2002 _ NON-PRESUMED BENEFIT LIMITED CLIENTELE No activities involving non-presumed benefit limited clientele were undertaken during this reporting period. PROGRAM INCOME There were no program incomes generated during this reporting period. COMPLETED REHABILITATION DATA CDBG funds were used to rehabilitate five (5) duplexes housing 15 very low-income adults afflicted with chronic, severe, persistent mental illness and other disabilities. County Collier Alternatives. Inc., a non-profit organization affiliated with David Lawrence Mental Health Center, manages these housing units. David Lawrence Center provides Case Management, Supportive Living and Supportive Employment services to the residents of these units. The rehabilitation activities aided in improving the current deteriorated condition of duplexes and brought the building foundations up to the building codes. NEIGHBORHOOD REVITALIZATION STRATEGIES Currently, Collier County does not have neighborhood revitalization strategies. CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 1 0 2002 FINANCIAL REPORTS CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA 2002 SUMMARY OF ACCOMPLISHMENTS (IDIS C04PR23) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA AGENOA ITEM SEP 1 0 2002 o~ 0 0 00000000 0 00000000000000 o o o 0000~000000000 ~ H © 0 (.9 ~J ~ r~ 00000 00000 0 00000000 g gggg§ggg C 00000000 0 00000000 o ggggggg§ggggOOoo o o oooooooooooooo o oooo~ooooooooo 0 00000000000000 0 g o°ggggggg§ g o ~ ~00000000 g ~ggg§ggg§ o ~ 0~000000000000~0000000 0 0 0 o o ~ 0000000000000000000000 0 0 0 o~ooooooooo o~oooooooooooo~ooooooo o o o SEP 1 I) 21)02' O~ ooooooo ~0 O0 ~0 o o o o o o SEP 1 0 2002 0 H o u o o ~--~..~A rr~ .~ Ir-/ ~+ SEP ! 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G oo o ~o~o ooo o oo ~o ,~ O ~ 0 · 0 ~, 0'~ ~ ~) 0 0 0 SEP 1 O' 2002 o o oooo oo0o o o o o oooo o o o o o o go° o o o o o o o o o o o 0 0 0 oooo oo o oooo oo o 0000 O0 0 0000 O0 0 SEP ~ O' 200~ CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (IDIS C04PR06) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA AGENDA I~F.J~ SEP 10 2002 o o o o o oo o o o o 0 o o D o ~0 0o~ ~0 0 0 >© 0 0 o o o o oo o~ o ,-1,-1 ~ 0 ~ H oo o o o o o o o o o °o ~ 0 o~ o 0 ?, o o ~ 0 oo ~ ~o~ U 0 o o o 0 0 SEP 1 0 2002 o o o 0 rj 0 rt. {:2> SEP 1 0 0 ~3 0 0 CDBG FINANCIAL SUMMARY REPORT (IDIS C04PR26) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 1 0 2002 _ 00000000 0 0 0 oo~o~ 0 0 ~ ~ ~U OH ~ 0 0 ~ ~ 0 SEP 1 O' 2002 SEP 1 0 200Z ~o ~ Z ~o ~o~ ~0~ ~0~ JSEP Pi. o o 0 o 0 0 0 121 0 ,-.1 Z 0 0 0 0 0 o o o o o o SEP 1 O' 2002' 0 r~ fi-, 121 ,-.1 F:-, 121 SEP 1 0 2002 CDBG ACTIVITY SUMMARY REPORT (GPR) (IDIS C04PR03) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 1 O' 2002' o U cD r~ © 0 121 ~ n. H ~ ,-3 r.0 n. 0 U SEP 1 O' 2002 ~§§ooo 0 ~ ~ 0 SEP 10 2002 o o o o 0 0 0 © 0~ ..~ ~.-0~ SEP 1 0'2002 0 ~ooo~§ ~§§, oo ~0 OH rt. H Z © ~0~ SEP 1 0 2002 ~§o°°°°~ ~ 0 SEP 1 0 20O2 0 .Z o ,< 0 0 0 0 U 0 o~ E~E~ Z O0 u~ U Z ~ 0 0 ~ 0 ~ ~ O~O r~ ~ m o o o Z o 0 SEP 1 g 2082 ISEP 102002 SE? 10 2oo2 CDBG HOUSING REHABILITATION ACTIVITIES (IDIS C04PR10) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA n~.t~A SEP ~0 2002 ~ n.._~~ Z 0 ~ 0 n E~ 0 o o o o o o gg o o ISEP102002 FEDERAL ENTITLEMENT GRANT FUNDING (IDIS C04PR01) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 10 2002 H 0 :> o o o oo oo ~P r~ SEP 1 0 2002 LIST OF ACTIVITIES (IDIS C04PR02) CA~PER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 1 0 2002 ~.'" 0 © 5 o o o o o o o o g o g g oo g ~ oo oo ~ o o § § g o °o o o o o 0 0 0 0 0 0 0 g ~o ~o g o o o o g g g o o o o U U U U U ~J U U (J U U ~= 0 0 ~ ~ ~ 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rj m 121 H n. ~-U ':- m ,....1 t.~ GRANTEE SUMMARY ACTIVITY REPORT (Il)IS C04PR08) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 1 0 2002 SEP 1 0 2002 DRAWDOWN VOUCHER REPORT (IDIS C04PR07) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 1 0 2002 SEP 1 0 7.002 DRAWDOWN REPORT BY PROJECT AND ACTIVITY (IDIS C04PR05) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA l SEP 1 0 2002 O0 oo~ ~ 7 ~ 2:1 © ~ Z 0 5~ © ;13 ~ SEP 1 0 2002 CURRENT CDBG TIMELINESS REPORT (IDIS C04PR56) CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA ITEM. 2002 PROJECT LOCATION MAP CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 10 2002 APPENDIX CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP 1 0 200~. AFFIDAVIT OF PUBLICATIONS FOR AVAILABILITY OF CAPER CAPER FY 2001-2002 COLLIER COUNTY, FLORIDA SEP ~ 2002 Sent Dy: ~onlca hax ~zb 9412~34884 ; 08/16/02 9:43; #266; Page 2./4 NAPLES DALLY NEWS Published Daily Naples, FL 34 t 02 Affidavit of Publication State of Florida County of Collier Before the undersigned they ~rve as the authonv/, personally appeared B. Lamb, who on oath says that they serve as the Asaiatam Corporate Secretary cf~e Naples Daily, a daily aewspap~ published at Naples, in Collier County, Florida: distributed in Collier and Lc, counties of Florida-; the attached copy of' the advertising, being a pETBLIC NOTICE in Eau manor of PUBLIC NOTICE wa:; pubhshed tn said newspaper I time(s) in the issue on August 15, 2.302 2ubhsheg at Naples, n ~d ~ol[i~r Count, Flo~d~ and ~at n~'~aper ha~ hc~ ctcfc~ ~en cmlti~u0usly published in ~id Collier C~unty, Flon~a: di~bur:d tn Collier ~nd [~ counties of Florida, ofrice m N27 es, ~n ~idCclli~ C~unly. Flonda, fur a pen~ y~ar nc~t p~zcding thc fi~t publizzd~n of the ~t~chcd ccpy of ~Jvcmscm~t; and m~t :'urger ~ys L~at ~.c h~ nci~zr paid nor prom:;cc ~ny ~, fim~ or c~mtmn any discount, rebate, com~lan ar ~Pand for ~ parole o¢~udng this adv~r for publicapon in :hz ~id news~er. ( Silage of Sworn to ar.d subscribed before me (Si[mature of notary public) ~ ~ites ~plem~ 11,2~fi SEP 1 0 2002 NAPLES DALLY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they ~crve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, m Collier County, Florida; distributed in Collier and Lee court:les of Florida; that ~e a~ched copy of r_he advertising, being a PL~BL1C NO'PICE the matter of P~,,-B'LIC NOTICE wa~ published in said newspaper ! time(s) in the issue on August 15, 2302 Affiant furtl~cr say~ that :he saicl Naple~ Daffy News ~ub~ished a: Naples. :n ~d 3ollicr Counp/, Florins, ~ nawip~ar ha~ hc~lofore been continuously published of~ce in Nap,cs, in said Cclli~Couavy. Florida, for yca~ next p~eding ~e fiat puN/canon or.enriched adv~scn-znt; a~ artist fur~er ~ys m~ he h~ neither pro~sed any p~son, fi~ o1 c~mtmn ~ di~coun~ co~i~i~ or r~fund lOT thc ~J~OSe Of s~cunng ~ii agv~:r,l pubhca,on m the s~id new~per 1' S~gnzt~e of affiant) Sworn to and subscribed before me z;~r~_~f..~,~:.th day ° f .~fsL 2002 SEP 1 0 2002 Page 4/4 C~llier Cb~ty's Consolidated' Annual'Performance ancl 'Eimluatloi~-Repot (CAPER) for' the 2001.~2002 Community Development BIo~k Grant (CDBG) is availabJe for viswing and -publiC-:' comment: *beginning Augu~ .. lB: throuG~ Septem bar 3,' 2002,. ' The -CAPER .is. comprise~ Of ~r~tiStJc~l '~1' f~nanciaJ statements, narratives' and maPs re~ardlng e~dvlfles ~um.~ goma an~ object, vas. Approximately $2,087,000 in CDBG fund was. available to catty. _.out activities; approximately $956;01'4-zf wh/cE was expe~de;I, eric[.. $1,1 30,886 committed. CDBG funded actiVities Were located' within-, the Uman County (unincorporated areas and 2 co0PeraUng cities). · '- PublicComment Period Collies of the CAPER are available in all Collier Courrty- libraries 'es. well as:at ttie Financial Administration and I-!m~lng' Depa~men.t,'30~0 N. Horseshoe Drive, Suite 275, ~s, FL.34104,rWritten comments will be accepted from ~, _,~t 16,' 2002, to September 3, 2002--The public-Is. Invited to. review the CAPER and submit written comments'during ;his "time frame to the Collier County Financial ~U=lministmtion and Housing Department by 5:00 p.m. on ~pte_m .bpr__ 3, 2002..The: CAPER, including a summary of =ublic* comments-'received, will be sent to the U.S. )eJ~_artment' ~:.Hop!~l~lgiir~iUrb&n :Deve/opment. pdor to the tl~ be examined at the Collier County Financial ~,dministration eJld Housing Department afterSeptembe~ 30, !002. If .any hea~ng, visueJly impaired, or non-English Peaking person requires assistance to review the CAPER, ~tease contact the Oollie~ County Flnancia/Administration ad Housing Department at (239) 403-2330. , · ' "Public Hearing l~e .CAPER will be reviewed at a public hearing by the Board ~ CourttY C~mmiule~ers at fl~e regularly 'aunty Commlss~oner~ meeting on SePtember 10, 2002. you:require aPe~igl"aid"Or-serVic~s aS' ad'dm_~_~e*d in the. msdcana with Disabilities Act or require someone to anslate or sign, pleaSe contact t.he Collier County FinanCial dmlnlstraflon and' H~using Department at (239) 403-2330, 3 later than two (2) day,.prior-to the Public Headng date, OPPORTUNITy ~."~4s~4 . . 2002 for, los para et desarrollo de la comunidad (CDBG) sera .dlep0nible para set mvieade_ypara reclbir comenta,-ios del al 3 els septiernbre. ' ' ' El. CAPER. ¢onsta' con *salaries financieros, na,~a~;vas y mapas referents a laS-actl~dCfl~cleS ilSvadas adeiante IDor el programs dum~te el cftc 2001/2002 para metes' y bbjetlvos pre¥iamen.te''lde'ntlficado. Aproximadamente $2,087,000 de los- fondos' CDEtG estuvlemn clisponlbles .para llevar acabo .activldades; aproximadamente $956,014 de' cuaJ rue gastado .y $1,130,986 rue compromefldo para actividades. El CDEIG .u~u~ ~ COtlCl~OO II'l~lUy~l~dO gU'EH~; no incnrr~nmrls., ~, c~os ciudades qua P;U'ffciparoA. ' ..... "" .... · Pertodo Para. comentario publico cDDlas del CAPER-estar~in dlsporgblas. ~n..toda~ las bibliotecas del condado de Collier yen las. oficinas AdministraciSn Flnancieras y Vlvlendas, 3050 N-Horseshoe Drive, No. 275, Naples; 'Florida,-34104:*Come, taxies escdto ser-~n aceptados comenzando del 16 .de agoato haste del 3' de'seP~embre del. 2002. El pubfico a reviser el reports CAPER y dar sus comenta~os sscr;to durante este periodo de tiempo en las oficinas de"* AdministractOn Financieres y VlVlendaS--deI condado de'- Collier, cuales sar-An aceptadas asia las 5:DO p,m. del 3 de septiembre de 2002. El CAPER inr_Julr~i un resumen de los '¢omentarios'-recibld~:~-:~eFDu~]Fc~,' ct]~r~ enviad~::' antes-del-~ de mas de Sept/emile 2002 ~1 Departamento Federal de-Vivienda ¥ DesarrollO Uremic de los EEUU. El~ resumen cie los comentarios tambi6n podra-sar revisado en la~ oflclrms de AdminJstr~ci6n Fit~ancleras .y Vlviencla der condado de Collier despu6s del 30 de septJembre 2002. Personas con problemas :audltlvJto$ o vfsuaJes~.tai como qua no hablan ingles o reqUiemn aslstencia para reviser y cementer sobre el reports CAPER.l~ueclen Ilamar al :--Departamerffo de 'Adr~ifli~t~aci6n..Financ/era* ¥ Vivienc[a. (239) 403-2330 para aslstencla. ' -. ' "AudienCla Publics · - ' El reports CAPER sera presentado en u~ audienOle pubflca · :de le junta de'Comlsionados del Conclado 'de Collier a la hera pmvlamente estableclda p~ra la reunion .de. septlembre 2002. .. ~i ~stod requiem aslsten~ia o 'servicios otrecid0S 'bale Acre para Americanos Discapacitados, si requiere · asismncia-con tragl(Jc.c]one~ '0 'lenguaJe~ cie ser~aa, per fever llama 'ai*Departa~ento de Administraci~n Financiers y V~vlenda ai (239) 403-2330 no manes de dos dr reuni6n. SEP '1 0 'i ~_____:_~NO.TiCEOFAVAii;ABILiTY;FoR .. ...... '.. A .viso".d.e-ia. disponibilidaddei_reportede:--. evmuae!,dn cie de~empe.fi:0 para el Condado VIEWING COLliER COUNTY, FLORIDA:-' de ',Collier Para :el aflo fiJca12001/2002 de -- '!FY.;'20. 0I;:~i.I~ERF..ORMANC£-EVALUATION ·Tonaos del Programa .deDesarroile :'' ?".: "REI)OR"r.~OE1,'THE COMMUNITY ............... 'en ia Comumdad ...... -. ".'. i.'.':; .:. 'DEVELOPMENT BLOCK GRANT. rer~m anlJai 'del desempeflo y evaJuaci6n complete para et 'Condado de Collie~ (CAPER) * para el af~ 2001/2002 de P.O. Box 518 LaBelle, FL 33975 Affidavit of Publication State of Florida · County of Hendry I hereby certify that was placed in the Immokalee Bulletin on ' ~ 6¢/Notary Public Lir~da Jo Coombs aCC 867472 Date AGENDA I'rEM SEP 1 O 2002 ~....~ SEP ~0 20O2 NOTICE OF AVAILABILITY FOR VIEWING COLLIER COUNTY, FLORIDA FY 2001-2002 PERFORMANCE EVALUATION REPORT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT Collier County's Consolidated Annual Performance and Evaluation Report (CAPER) for the 2001-2002 Community Development Block Grant (CDBG) is available for viewing and public comment beginning August 16 through September 3, 2002. The CAPER is comprised of statistical and financial statements, narratives and maps regarding activities carried out during the 2001-2002 program year to previously identified goals and objectives. Approximately $2,087,000 in CDBG fund was available to carry out activities: approximately $956,014 of which was expended and $1,130,986 committed. CDBG funded activities were located within the Urban County (unincorporated areas and 2 cooperating cities). Public Comment Period Copies of the CAPER are available in all Collier County libraries as well as at the Financial Administration and Housing Department, 3050 N. Horseshoe Drive, Suite 275, Naples, FL 34104. Written comments will be accepted from August 16, 2002, to September 3, 2002. The public is invited to review the CAPER and submit written comments during this time frame to the Collier County Financial Administration and Housing Department by 5:00 p.m. on September 3, 2002. The CAPER. including a summary of public comments received will be sent to the U.S. Department of Housing and Urban Development prior to the end of September 2002. The summary of comments may also be examined at the Collier County Financial Administration and Housing Department after September 30, 2002. If any hearing, visually impaired, or non-English speaking person requires assistance to review the CAPER, please contact the Collier County Financial Administration and Housing Department at (239) 403-2330. Public Hearing The CAPER will be reviewed at a public heating by the Board of County Commissioners at the regularly scheduled Board of County Commissioners meeting on September 10, 2002. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 403-2330, no later than two (2) days prior to the Public Heating date. EOUAL HOUSING OPPORTUNITY SEP 1 0 2002 Aviso de la disponibilidad del reporte de evaluaci6n de desempefio para el Condado de Collier para el afio fiscal 2001/2002 de fondos del Programa de Desarrollo en ia Comunidad E1 reporte anual del desempefio y evaluaci6n completa para el Condado de Collier (CAPER) para el a_rio 2001/2002 de fondos para el desarrollo de la comunidad (CDBG) serfi disponible para ser revisado y para recibir comentarios del publico del 16 al 3 de septiembre. E1 CAPER consta con estados financieros, estadisticas, narrativas y mapas referente a las actividades llevadas adelante por el programa durante el afio 2001/2002 para metas y objetivos previamente identificado. Aproximadamente $2,087,000 de los fondos CDBG estuvieron disponibles para llevar acabo actividades; aproximadamente $956,014 de cual rue gastado y $1,130,986 fue comprometido para actividades. El CDBG suministro tbndos para actividades dentro del fireas urbanas del condado incluyendo fireas no incorpt;radas y dos ciudades que participaron. Periodo Para comentario publico Copias del CAPER estarfin disponibles en todas las bibliotecas del condado de Collier y en las oficinas del Administraci6n Financieras v Viviendas, 3050 N Horseshoe Drive, No. 275, Naples, Florida, 34104. Comentarios por escrito sergn aceptados comenzando del 16 de agosto hasta del 3 de septiembre del 2002. 1~1 publico esta invitado a revisar el reporte CAPER y dar sus comentarios por escrito durante este periodo de tiempo en las oficinas de Administraci6n Financieras y Viviendas del condado de Collier, cuales serfin aceptadas asta las 5:00 p.m. del 3 de septiembre de 2002. E1 CAPER incluirfi un resumen de los comentarios recibidos del publico, cuales serfin enviados antes del fin de mes de septiembre 2002 al Departamento Federal de Vivienda y Desarrollo Urbano de los EEUU. El resumen de los comentarios tambi6n podrfi ser revisado en las oficinas de Administraci6n Financieras y Vivienda del condado de Collier despu6s del 30 de septiembre 2002. Personas con problemas auditivitos o visuales, tal como personas que no hablan ingles o requieren asistencia para revisar y comentar sobre el reporte CAPER pueden llamar al Departamento de Administraci6n Financiera y Vivienda al (239) 403- 2330 para asistencia. Audiencia Publica E1 reporte CAPER serfi presentado en una audiencia publica de la Junta de Comisionados del Condado de Collier a la hora previamente establecida para la reuni6n de Junta el 10 de septiembre 2002. Si usted requiere asistencia o servicios ofrecidos bajo el Acto para Americanos Discapacitados, si requiere asistencia con traducciones o lenguaje de sefias, por favor llame al Departamento de Administraci6n Financiera y Vivienda al (239) 403-2330 no menos de dos dias antes de la reuni6n. EQUAL HOU$1HG OPPORTUHITY SEP 1 0 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 01-02 CAPER TIMELINE Task Gather information for CAPER Preparation of CAPER Send adv requests (availability of CAPER, public comment period & public hearing notice) to Naples Daily News & Immokalee Bulletin (County channel 11/16) CAPER Availability, Public comment period & public hearing notice advertisements to run on Naples Daily & Immokalee Bulletin CAPER copies to all Libraries & Clerk's office Public Comment Period Begins Public Comment Period Ends Executive Summary due Incorporate any public comments received into the final CAPER BCC Public hearing to approve the CAPER Mail CAPER to HUD CAPER due to HUD G:\CDBG - HUDkENTITLEMENT 2001-2002 CYCLE (CDBG)\CAPER\CAPER Timeline (re' Date July 19, 2002 July 31, 2002 August 5, 2002 August 15, 2002 Augustl2,2002 Augustl6,2002 September 3, 2002 August 19,2002 September 6, 2002 September 10, 2002 September 18, 2002 September 30, 2002 SEP 1 O 2002 Sheet 1 of 2 AVPLAT2002-AR2586 EXECUTIVE SUMMARY PETITION AVPLAT2002-AR2586 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WDE MAINTENANCE EASEMENT LOCATED ALONG THE REAR OF LOT 88, ACCORDING TO THE PLAT OF "MOON LAKE UNIT 5" AS RECORDED IN PLAT BOOK 23, PAGES 79 THROUGH 80, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 88. according to the plat of"Moon Lake Unit 5." CONSIDERATIONS: Petition AVPLAT2002-AR2586 has been received bx' the Engineering Services Department from Eric Borgia, Esq. of Goodlette, Coleman & Johnson, as agent for the petitioner, Cayo Costa Associates, Ltd., requesting the vacation of a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 88 and used for the purpose of providing maintenance of the adjacent lake because a small portion of the house and the pool deck was built into the Maintenance Easement and by vacating that portion of the easement, the house and the pool deck will no longer encroach into the Easement and will eliminate any title concerns. The building setback in the rear of the lots is 10 feet, so a variance ~s not needed. Letters of no objection have been received from Collier County Engineering Ser,,~ccs. Collier County Stormwater Management and Moon Lake Homeowner Association, Inc. Zomng is P.U.D. This Executive Summary was approved by Greg Garcia in Transportation on 8-09-02 and by Jacquelyn Johnson in Public Utilities on 7-31-02. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None SEF I 0 2002 Sheet 2 of 2 AVPLAT2002-AR2586 PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2002-AR2586 for the vacation of a portion of the 20 foot wide Maintenance Easement along the rear of Lot 88, "Moon Lake Unit 5"; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, P.S.M. Engineering Services DATE: REVIEWED BY: ~ , Thomas E. Kuck, P.E. Engineering Services Director DATE: APPROVED BY:,.. ~ ?d0,4-4"~;~ ~os~h K: Sc_hmit!, Administrat6r ~k/p~mmunity Development & Environmental Services DATE: SEP 1 0 2002 6 7 8 9 10 I1 12 13 14 19 21 25 26 27 28 29 30 31 32 33 34 35 RESOLUTION NO. 2002- RESOLUTION FOR PETITION AVPLAT2002-AR2586 TO DISCLAIM, RENOUNCE PuND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE MAINTENANCE EASEMENT LOCATED ALONG THE REAR OF LOT 88, ACCORDING TO THE PLAT OF "MOON LAKE UNIT 5" AS RECORDED IN PLAT BOOK 23, PAGES 79 THROUGH 80, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST. Vvq-tEREAS, pursuant to Section 177.101, Florida Statutes, Eric Borgia, Esq. of Goodlette, Coleman & Johnson, as agent for the petitioner, Cayo Costa Associates, Ltd., does hereby request the vacation of a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 88, according to the plat of "Moon Lake Unit 5" as recorded in Plat Book 23, Pages 79 through 80, Public Records of Collier County, Florida; and WHEREAS. the Board has this day held a public hearing to consider vacating a portion of the 20 foot wide Maintenance Easement used to maintain an adjacent lake located along the rear of Lot 88, according to the plat of"Moon Lake Unit 5,' as more fully described below, aJ:d notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property o,~mers. NOW, THEREFORE, BE IT RESOLVED BE' THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 20 foot wide Maintenance Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. SEP 1 O 2002 36 37 38 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 39 certified copy of' this Resolution in the Official Records of Collier County, Florida, and to make 40 proper notation of this vacation on the recorded plat as referenced above. 41 42 This Resolution is adopted this 43 after motion, second and majority vote favoring same. 44 45 46 47 48 DATED: 49 ATTEST: 50 DWIGHT E. BROCK, Clerk 51 52 53 54 55 Deputy Clerk 56 57 58 59 60 61 Approved as to form and legal 62 sufficiency: 64 65 66 67 Patrick G. White, Esq., 68 Assistant County Attorney day of ,2002, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman SEP 10 2002 ,6.C'61 .,~ ff, 90.005 S,C, ENOA ITF~ SEP 1 0 2002 ..il 5/ 3/2002 11:53; FAX 9416436968 COLLIER CO COMML~ITY DE¥ J~OO7 16A' PETITION Attachment FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDMDED LAND Date Received: A,~,~Y ~Z~; ~OOZ Petitioner: Cayo Costa Associates, Ltd. Address: 1520 Royal Palm Squaret Boulevard, Suite 360 City/State: Agent: Address: Petition #: City/State:_ Fort Hyerp, Florida 33919 Telephone: -8~ Zip Code: 33919 Goodlette, Coleman & Johnmon~ P.A. 4001Taminmi Trail North, Suite 300 Telephone: 435-3535 Naples, Florida 34103 Zip Code: 34103 Address of Subject Property: 1_095 Jardin Drive, Naples, Florida 34104 Location: Section~ Township ~) Range~Subdivision: ~/--~"-g: Lt/,./l~.. ~ Legal Description: Lot 88 Reason for Request: To vacate Current Zoning: P ~ ~ I hereby authorize Agent above to represent me for ibis petition: ~'~es Block Unit 5 Plat Book. 23 Page(s) 79 and 80 a portion pf platted La.ke Maintenance Easement Does this affect density? No [] No i< ~'.~ O'v' " Date Signature of Petitioner g~.~ ¢ ' ,z'~":- .-~ Print Name ~ ~ ' (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (]) (2) O) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. No. [ r-~ List all other owners. Atlachrnent "B" Page 4 of 4 SEP 1 0 2002_ Official Receipt- CDPR1103 -Officiai Receipt Collier County Board of County Commissioners i Trans Number ~ Date I Post Date i 333779 15/21/2002 8:27:01 AM 15/21/2002 Payment Slip NDr , AR 2586 Appl Name: GOODLETTE, COLEMAN & JOHNSON, P.A. Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 4001 TAMIAMI TRAIL N. SUITE 300 NAPLES FL 34103 Proj Name: CAYO COSTA ASSOCIATES LTD Type: TAZ: 190 Subdiv Nbr: 1216 Project Nbr: 2002050063 Payor · CAYO COSTA Fee Information : Fee Code Description GL Account Amount Waived 12TRVC REV ACCT/VAC EASEMENT-ROW 10116361032910000000 SI00(1.00 Total S1000.00 Payments Payment Code Account/Check Number Amount CHECK 1622 Sl 000 Memo: Total Cash Total Non-Cash Total Paid $0.00 $1000.00 $1000.00 Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT SEP 10 2002 5/20/2002 14:53; _>Gooalette,Ooleman,&Jonns°n,PA; #262; Page 2 FROM=IST R~ER. TITLE INS. 19414826~0~ T0=941 435 lele 25420]9 0R: ~601 ?C,: 022~ Nml I ~mm~- , KrdlllOr, s;d WllIIIIllh ~ ~ o~om. b ~ ~ ,'.,~,,--. `'~'~ ~ "~ .................................... ........................... ~EN t ~(uIWJ~ltO. ~) ...................... ~ I:l~rl~ ~ .... P~GE: 002~0~ SEP 1 0 2002 FROM:iST AMER. TITLE INS. 19414826202 T0:941 4J5 1218 OR'. 2601 PG' (1227 ~t~ 6. to~sh~ 50 South. R~g~ 26 ~u~, Cullier Co~m[y. Florida and which i~; more ~'4W44' West ~long thc South ~er ii.c, ~ di~t~nca of 1,371 .~0 f~t tn lh~ Pnim of ~ce N~h 89~17'16" Eusl. = distance cfi 120.')7 f~ct; th~cc ~ouqh 19'23'5;,' ~cst, a dislancc ~ 88*4 i'S5' E~t. t die.cc o[3~1.67 f~t: Ihetice South 42;'01'21" Wc~t. 3 disease o( a di~ of 25,63 f~l: th~cc S~h Ol ' 1 ~'O5' [~l, = tlislancc nt 110.(~ f~t; th~c 8S'~i'~5' E~t, a di~l~Ce of 18.26 fc~; thcne¢ Soulh fll" 1S'05" East, a d~s~ance oF 130 (X) o[4~O.87 [~: Ihencc b~oflh 4')'25'45' W~I, a dlstance oF ~ 38fi5 feel; Ihcncc Soulh ~9' 17'16" Wmt, a ~s~nce of 2691 Feet; thence ~oGth ~°42',14" D~I, a dilate of' 744.75 F~; SOO~ B9*! 7' t6' Wesl. i~ di~a~c of I l t).OD I~t 1o t~c Poinl o~ llc~inning, w~ it ~vn ~ ~in8 nn nssum~ ~nnng of ~auth fit)" 42'44" t~st nn List P~at of ~n l.~kt TO~E~R WITtt THE FOI.LOWTNG I.OTS: L4~l 2. Block "A", Plal of MOON L^KE [.rNIT ONE. according t~, ~hc pl,'~t ihcreol' as rccc~te~l in Plat I:~ook 14, page tO3 through 106 wE thc O0~ce o1' lh¢ publfic Rc-~ords for C'olticr Florida. 56, 57, &n4 70, Bloc. l~ "A", Phil nf MCaN I.AKE t..INIT '[[tRF.:E, ~ccord,n8 lo 1he plat County, FIo~da, Lots ~0. St, 8:2.8], 84, 8.5, 86, R?, 88,119, 91,92. ~4, 9~. 91, qB. ~2'~, 1 ~, Int. a~ tog. Pla~ of ~ It ~e O~ce of~ Public R~ords ~ C)nlti~ C'ou~()'. Florida. AC.~d~O, SEP 1 0 2002 AGF..NOA SEP 1 0 2002 4C, ENOA SEP 10 2002 DEDICATIONS KNOW ALL MEN BY TH[S[ PRESF~NTS THAT MOON LAKE D~OPMENT CO. O(r NAPLF_S. LI'D... AS OV~,4E:R OF THE LANDS DESCRIBED HF_REON HAS CAUSED THIS PLAT ENTIII_E:O 'MOON LAKE: UNIT 5' TO BE WADE AN9 DO~ HEREBY DEDICATE SAID LANDS AND PLAT FOR THE USE AND PURPOSE EXPRESSED ON TH~S PLAT, RESERVING TO )TS SUCCESSORS, ~RANTEES, ANO ASSmG"NS, THE FOLLOVeNG EASEMENTS ~.HD mGHTS- ~. TO THE MOON' LAKE HOmEOWNErS ASSOOAllON, iNC., ALL ROAD m~m-OF WAY, SAME BEiN¢ SHOV4~ AS TRACT 'A' ANO THE ~4AINTENANCI~: THEREOF, SUBJECT TO EASEMENTS HEREAFTER SET FORTH. 2. TO THE MOON LAKE HOMEOWNERS ASSOOATION, INC.i ALL OF TRACT L'2 AND L-3 AND ALL DRAINAGI[ F~TS (D.F_) AS INDICATED 0~1 ll-lE PLAT FOR THE PURPOSE OF DRAINAGE AI~ THE MAIN'r~ANC[ THEREOF. 3, TO COLLJER COUNTY WAT~ AND SEWER DISTRICT, TH[ WATER DISTRi~UTION SYSTEM ANO THE SEWAGE CO~l FCTION SYSTEM V~IH~I THE LIMITS OF THIS PLAT UPON ACCEPTANCE OF ~ IMPROV~ I~EQUIRED BY THE APPLICABLE 4[_MAINTENANCE' EASF_~ENTSlAR~ NON-EXCLUSrV[ EASEMENTS ~ FAVO~ OF ~ MOON LAXE HOMEOVe4ERS ASSOOATION, ~NC.; TH~ MAINTENANCE EASE]a4~T BE]Ne FOR THE PURPOSE OF ENABUNG n-~ HO~4EO~i<~'S ASSOOA~ON TO MNNTAm( THE LAKES AND LAKE SHO~qEUNES. MAINTENANCE O~ THE S~rRFACE WATER SYS,'E~4 SHALL BE THE RESPONSIB~JTY OF THE ~X)N LAKE HO~4EOVe4ERS ASSOCIATION, INC. s. TO COMBER COUNTY. A4_L [MA~TENANCE EAS~dEN TS j?. E. ), ~ AU. DRAINA~ EASE:MENTS (D.E.) AS tNDICAI'ED ON THE PLAT FOR l'~ PURPOSe: OF DRAiNA(::~_, WITH NO RE~J~ONSIBIUTY FOR MAINTENANCE. 6 TO THE COLLIER COUNTY WATER AND SEWER DIST)~UCT, A COUNTY UTILITY EASEMENT (C.U.E.) OVER TRACT 'A', AND OVI~ PORTIONS OF TRACT L-2 AND LOT 105 AS INDICAlX:D ON THE PLAT FOR THE PURPOSE OF MAINTAINING WAlT_R, SEWER, AND OTHER MUNIC3PAL SERVICES W~TH NO RESPONSiBiLITY OF MA~NTE:NANCE' OF THE ~.ASE]WE:HT AREA. 7. TO FLORIDA PO'~:R AI~ UGHT, UNlll~ TE[.E:PHON~ ~ ANY CABLEVISION PROVI[:)E~ OR ANY OTHE~ UTILITY SE. RVICE. S Pf<OVIDER, THE: SH~'~ED USE: OF ALL OF TRACT 'A" AS SHOW~I OF THE: PLAT AS A UTIUTY EASEMENT (C.U.E-), AND ALL OTHER UTIUTY F_ASEI~ (U.Ir) AS INDICATED ON THE PLAT, FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF THEIR RESPECTIVe: F'ACtUT1ES, PROVIDED ALL USES BY SUCH UTILITY PROVIDERS SH.4d.L BE SUBJECT TO AND NOT INCOnsiSTENT I~4TH USE BY COLLIER COUNTY OR THE COU. JER COUNTY WATER-SEWER DISTRICT AS A C.U.F__ IN THE EVF. NT A CABLE: TELE',ASION COMPANY DAMAGES THE FACILITIES OF ANOTHER PUBLIC FAOUTY, IT SHALL BE SOLELY RESPONSIBLE FOR THE: SAIO DAMAGES. B. TO COLUER COUNTY, ITS FRANCHISEES AND THE: EAST NAPLES FIRE CONTROL DISTRICT, AN ACCESS EASEMENT OVER TRACT 'A' AS SHOWN ON THIS PLAT FOR THE SOLE PURPOSE OF PERMll-rlNG EMERG~'NCY AND SERVICE VEHIC[.ES ACCESS TO THE AREAS ON THIS PLAT. ALL DIMEN.* ALL CURVE USED ON , C"( A LEG[NO F'NO. -,F AC, -. J + ~ k · I! 0 0 I[ 4. ll-t[ FOLLO) U O C N 5. BEARINGS / THE: SOUll- COUJER C( IN PLAT B( FLORtOA, 6. THE CENTE) OF 12. S0' F WHICH IS ll FLOO0 INSL 1986. ALL I 7. ALL UNES, IN V~TNESS V4-1ERE~C~, SAID PERSONS HAVE CAUSED THESE PRESENTS TO BE SIGNED THiS k'~r~' DAY OF ,~w~~t- · 191m~' . A.D. '~TNESS: BY: MOON LAKE DE'V~c'LOPMENT COMPANY OF NAPLES, LTD. _ BURTON A. BINDER. PRESIOENT MOON LAKE, lNG., ITS ~NERAL PARTNER SEP 1 0 2002 / / { --, A~A SEP 1 0 2002 j/" SEP 1 0 2002 P,. e3/2~220e2 3,22/2002 7:58; ->Gocole~te,Ooleman,&Jomnson,PA; #575; Page 87:48 9412758648 NATIONAL DEUELOPMENT P~GE COLLIER COUNTY GOVERNMENT CO_M]VlUNI~ DEVELOPMENT AND ENVIRONM N~, EP, C D S ON ENGI2N'EERI~G REVIEW SECTION 5 December, 2000 To: PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr Mike Landy, P. E. Landy Engineering 2780 S. Horseshoe Drive Lct~er of No Objection Strocture Encroachment into 20' Lake Maintenance Easement Lot -~ $8, Moon Lake Unit Five (a.k.a. Cayo Costa) Dear Mr. Landy: We have reviewed the information submitted to us asjust/fication for thc above refercnced request for a 0.58 foot encroachment into a 20 foot Lake Maintenance easement and have no obiection to the encroachment for the following reasons: ' Maintenance is the responsibfli?, of the ,'",,I00n Lake Homeowners' Association, which has no objection to the encroachmcnt. . This approval is granted with the fo/lowing stipulations: I. All other easement holders must be notified and written concurrence must be obtained from them for the encroachment. 2. If maintenance of the easement or or' structures within the easement is the responsibili .t-y of a homeowner's organization, written approval must be obtained from that enti .ry. 3. If', at any time in the future, the encroachment must be removed from within the casement to facilitate a required maintenance activity, Collier County will bear no responsibility for replacement of the structure. 4. This does not vacate or abrogate the Coun~.'s interest in the easement area. The only way to accomplish that is through a formal vacation of the subject area by the Board of County Commissioners. . feel free to contact us at 403=2471. SC~den~fi~Stone CC: John l~oldt, P.E., Water Management Director Tom Kuck, P.E., Engineer/rig Review Manager Steve Nagle. South Florida Water Management D/strict ~HON-E (941) 403-24~-- FAX (941) 643-6968 2002 COLLIER COUNTY GOVERNMENT STORMWATER MANAGEMENT DEPARTMENT HORSESHOE SQUARE, SUITE 212 2685 SOUTH HORSESHOE DRIVE NAPLES, FL 34104 (941) 732-2501 FAX: (941/ 659-5790 July 3, 2002 Mr. Craig D. Grider Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, Florida. 34103 Subject: Lot 88, Moon Lake Unit 5 Letter of No Objection Dear Mr. Grider: The Collier CounW Stormwater Management Section has reviewed the information for building a slab and screen enclosure in regards to any impacts to the 20' Maintenance Easement that envelopes the rear yard of the property. The information as provided shows the slab and enclosure to be 23.6' long .measured from the rear wall of the house and encroaching approximately 0.61' within the 20' Maintenance Easement. Also the information shows the building to be 14.21' long and encroaching approximately 0.61' within the Maintenance Easement. The existing easement is not being utilized by this Section. therefore, this Section has no-objection to what you are proposing. If you have any questions regarding this matter, do not hesitate to contact me. Sincerse, lY YSm~.c~ ,/' J~CT'. Adarmes Minor, P.E. Engineer, Senior JCA/v~jcam CC: Robert C. Wiley, P.E., Principal Project Manager, Stormwater Management Section Reading File F:\ Easement Encroachment\ Craig Grider ~A SEP 1 0 2002 03/2~'/200~ 3122/2002 7:58; 9412750B~8 N~TIONAL DEUELOPMENT 1520 Royal Palm Square Boulevard Suite 360 Fort Myers. Florida 33919 (941) 275-8029 Fax: (941) 275-0648 P~GE 85 Moon Lake Homeowner Association, Inc. NovemBer 8, 2000 Mr. Stan Chrzanowski, P.E, Collier County Engineering 2800 North Horseshoe Drive Naples, Florida 34104 Re: Moon Lake, Unit S AKA Cayo Costa Lot #-88 Letter of No Objection Dear St,an: The rear of the house on lot 88 encroaches .58 feet onto the Lake Maintenance Easeme'~t, which still allows 19.42 feet to the Control elevation (see attachea survey) for lake maintenance puncoses, We have no objection to this encroachment, Sincerely, Moon Lake Homeowner Association, inc. Enc C. Miller, President ¢'. LLO TU S~.t. OTS U ITE~W~I~.,~WO R f.j p R OiCa yoC = $~,~ L etto,.$ !w.~C ~ $ kla$ AC, ENOA ITEM SEP 1 O Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2001 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:IICAYO COSTA ASSOC,ATES LTD IParce,:ll606°s°°°5°7 II Acre:ll0'zz I .oc:ll1095JARm" DR I Address:II1520 ROYAL PALM 5Q BLVD Address:]JSTE 360 Address:Ii Address:J[FORT MYERS, FL 33919.0000 J Legal:JJMOON LAKE UNIT 5 I Le8aqJLOT 8~ ~ALUE/EXEMPTIONS' I TAX INFORMATION Taxbie V alu e:lJ"~-~O'~ County:JlZ25.02 Millage Code:l~'~} Homestd Ex:l~ School ,oc:]J81.86 AgriclV Ex:Jj~--~-'-~ J City T ax:Jjo.o0 Widow Ex :JJ'~-~'] Water:Ii25,74 B[,~ Ex:J~ J Dep~ndt:jJZ6.80 ~,~,e~:l~JJl ',~e¢~:11~2.~2 Veteran Ex:J~ J VoterAppr:JJz.o~ w~o,,~ ~x:llo I I ~o~ Civilian~¢x' [l Adv~i~:llO.O0 School St:]J145.Sl. PAY TERMS Nov:ii430.81 Dec:ii435.30 ~a~:l1439.TS Feb:ii444.27 Mar:ii448.76 Last Updated: 5/7/2002 5:00pm Ill PAYMENT INFO JJJl Paid Dt :lloz/:t4/o2 Non Ad Va:!!N Il De'er~eO:!!" ~r~Jpt::iJN ;~;NektLRecord> :., I http ://'w,-ww.colliertax.comfRecordDetail.asp?FolioD=60608000507 SEP I 0 2002 O'Ot[ ..ZL~ N ~0'001. AGENOA I'CE~ SEP 10 2002 Received: 5/13/2OO2 14:39; ->Goodlette,Coleman,&do~nson,PA; #640; Page 2 05/&3/200~ 14:40 9412758648 NATIONAL DEUELOPMENT PAGE 02 Property Owners Within 250 Feet of Lot 88 2 ~ Lot 83 Gregg & Barbara Hutchinson 1105 Jardin Drive Naples, Florida 34104 Parcel #494500 835B06 Lot 84 Gregg & Barbara Hutcl~inson 1103 Jardin Drive Naples, Florida 34104 Parcel #z,94500 845B06 Lot 85 James Gomory 1101 Jardin Drive Naples, Florida 34104 Parcel #494500 855B06 Lot 86 Cayo Costa Associates, Ltd. 15;~0 Royal Palm S~luare Boulevard Suite 360 Fort Myers, Florida 33919 Parcel #-494500 865B06 Lot 8'/ Cayo Costa Associates, Ltd. 1520 Royal Palm Square Boulevard Suite 360 Fort Myers, Florida 33919 Parcel #494500 875B06 Lot 89 Robert & Elizabeth Babich 1089 Jardin Drive Naples, Flodda 34104 Parcel #494500 895B06 Lot 90 David & Arlette Bradley 1083 Jardin Drive Naples, Florida 34104 Parcel #494500 905B06 SEP 1 0 2002 Recelvea: 5/13/2OO2 14:39; ->Goodlette,Coleman,&dobn$on,PA; #640; Page 3 05/[3/200~ i4:40 94i2750648 NATIONAL DEUELOPMENT PAGE 03 Lot 9t Robert & Sharon Schramm 1079 Jardin Ddve Naples, Florida 34104 Parcel ¢f494500 915B06 Lot 92 Robert & Mary Ryan 1065 Jardin Drive Naples, Florida 34104 Parcel ¢t494500 925B06 Lot 93 Arthur & Jackie Green 1059 Jardin Drive Na01es, Ftodda 34104 Parcel ff49~500 935B06 Lot 98 & 99 Paul Miller 1809 Lydia Avenue St. Paul, Minnesota 55113 Parcel ff494500 g85B06 Lot 100 Cayo Costa Associates, Ltd. 1520 Royal Palm Square Boulevard Suite 360 Fort Myers, Florida 33919 Parcel ~-494500 1005B06 Lot 101 Ron & Catherine Murphy 1082 Jardin Drive Naples, Florida 34104 Parcel ¢f494500 1015B06 Lot 102 VViiliam & Enge Benzenberg 1076 Jardin Drive Naples, Florida 34104 Parcel ¢/494500 1025B06 Lot ~03 Gall Sci Joan Fritz 1070 Jardin Drive Naples, Florida 34104 Parcel 1~494500 1035B06 SEP 1 0 2002 .21 ..... EXECUTIVE SUMMARY VA-2001-AR-1710 GREG WHITE, OF FINISHING BY BAKER, REPRESENTING JOSE AND CAROL ROCHA, REQUESTING A 2.5-FOOT AFTER-THE-FACT VARIANCE IN THE PUD ZONING DISTRICT FROM THE REQUIRED 12-FOOT SIDE YARD SETBACK TO 9.5 FEET FOR A SWIMMING POOL AND ENCLOSURE ON PROPERTY LOCATED AT 215 SAN MATEO DRIVE, FURTHER DESCRIBED AS LOT 41, SOUTHPORT ON THE BAY UNIT 1, PLAT BOOK 15, PAGES 51-53, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: That the community's intere.,,t is maintained in a single-family neighborhood. CONSIDERATIONS: The applicants are requesting an after-the-fact variance in the PUD zoning district from the 12-foot required side setback for the existing screened pool, to allow a 9.5-foot side setback for the pool enclosure, which would result in 2.5 feet of relief along the northeastern property corner. The permit issued for the pool required a 12-foot setback based upon the height of the structure. According to the applicant's agent, the surveyor who staked out the pool and enclosure area made the setback error. The mistake was not caught until afte? the pool and enclosure were constructed, thus the applicant is seeking an after-the-fact variance to allow the existing pool and its screen enclosure to remain. Staff has analyzed the purpose and intent of the PUD zoning district, and the standards for a variance in conjunction with the applicant's request, and provides that synopsis below. The PUD zoning was approved for this home site as part of the overall PUD re-zoning for Lely Barefoot Beach PUD, in Ordinance Number 77-48. That ordinance established a 7.5-foot side setback for "yards abutting an adjoining home site." That PUD zoning has been amended numerous times since the original approval. Ordinance Number 85-83 added the provision to allow a 7.5-foot setback or a setback of one-half the building height, whichever is greater. In this case, the setback is 12 feet based upon the height of the pool enclosure. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. C:\DOCUME~ I~JOHNSO~ 1\LOCALS~ 1Wemp\EXECUTIVE SUMMARY.doc Page 1 of 4 SEP 1 0 2002 GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The site is a platted lot. There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probabilitv as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission heard this petition on August 1. 2002. The Commissioners heard the Staff presentation. A motion was made by Commissioner Budd and seconded by Commissioner Adelstein to recommend approval of the variancc. The Planning Commission voted 8 to 0 to forxvard the petition to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: There is a limited land-related hardship. The lot has a trapezium shape, i.e., no side ~s parallel to any other side; therefore positioning a residence on the lot can be somewhat problematic. Only one coruer of the screen enclosure encroaches into the setback, so it appears that the setback error could have partially been caused by an error in the structure's positioning on the lot. Planning Services staff considered the general guidelines for variance requests, and found that there were special conditions or circumstances; and the petitioner could be faced with a practical difficulty. Because approval of the variance will not compromise or act to the detriment of the General Purpose of the LDC (Section 2.1.2), Planning Services staff recommended that the CCPC forward Petition VA-2001-AR-1710 to the BZA with a recommendation of approval with following conditions. Staff is recommending approval of the variance with the following conditions: 1. This variance is for the screen enclosure to the extent of encroachment shot only. Any other encroachment shall require a separate variance; and G:\Current\Deselem\Variances\Rocha--VA-2001-AR-1710\EXECUTIVE SUMMARY.doc Page 'n ~n }f 4 In the case of the destruction of the encroaching structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. The first condition relates to the site plan and pictorially clarifies the limits of the variance approval. The second condition reiterates and embellishes upon LDC Section 2.7.5.7. regarding destruction and replacement of this enclosure. This condition recognizes the unique situation for the variance but requires any replacement or reconstruction of the screen enclosure to be done in compliance with the regulations. PUBLIC INPUT: As of the date this staff report was prepared (August 7, 2002) no letters, either in support of. or in opposition to. this petition have been received. G:\Current\Deselem\Variances\Rocha--VA-2001-AR- 1710\EXECUTIVE SUMMARY.doc Page SEP 1 0 2002 ~f4 PREPARED BY: PRINC~AL PLANNER DATE REVIEWED BY: SL/SAN . 4URRA'I , AICP CURRENT PLANNING MANAGER DATE MARGARET ~,¥T.~ERSTLE, AICP PLANNING SERVICES DIRECTOR DA. TE APPROVED BY: JO DA~E / C/OMM~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summa~/VA-2001-AR- 1710 G:\Current\Deselem\Variances\Rocha--VA-2001-AR-1710\EXECUTIVE SU MMARY.doc MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT 8,: ENVIRONMENTAL SERVICES DIVISION DATE: July 10. 2002 SUBJECT: PETITION VA-2001 -.AR- AGENT/APPLICANT: ,AGENT Greg White, representing Finishing by Baker. Inc. 5910 Taylor Rd.. Suite 103 Naples. FL 341(N ,APPLICANT: Jose & Garol Rocha 18, Victor Drixe Tewksbury, 1MA 620SS REQUESTED ACTION: The applicants are requesting an after-the-fact variance in the PUD zoning district from tile 12- foot required side setback for the existing screened pool. to allow' a 9.5-thor side setback lbr the pool enclosure, which would result in 2.5 feet of relief along the northeastern property corner. The Collier County Land Development Code (LDC) Section 2.2.20.1 sets forth the lbllowing in the Purpose and Intent of the PUD zoning district: · PUDs produced in compliance wi th the terms and provisions of this Code [LDC] and the growth management plan may depar~ from the s~rict application of setback, height, and minimum lo~ requirements of conventional zoning districrs ..... The LDC addresses minimum dimensional standards within a PUD in L 2.2.20.3.3., stating: Petition VA-2001 -AR- 1710 CCPC Date: August 1. 2002 Page' SEP 1 0 20112 dimensional standards within any tract or increment of ~he .PUD shall conform to the minimum dimensional and other standards of the zoning district to which it mos~ closely resembles in type, density, and intensity of use. Where there is uncertainty, the more restrictive s~andards shall apply. The PUD zoning was approved for this home site as part of the overall PUD re-zoning for Lely Barefoot Beach PUD, in Ordinance Number 77-48. That ordinance established a 7.5-foot side setback for "yards abutting an adjoining home site." That PUD zoning has been amended numerous times since the original approval. Ordinance Number 85-83 added the provision to allow a 7.5-foot setback or a setback of one-half the building height, whichever is greater. In this case, the setback is 12 feet based upon the height of the pool enclosure. GEOGRAPHIC LOCATION (See Attachment A),; The subject propertv is located at 215 San Mateo Drive, further described as Lot 41. Southport on the Bay, Unit 1~ Plat Book 15, pages 51-53, as recorded in the public records of Collier Count.','. Florida in Section 6, Township 48S, Range 25E. PURPOSE/DESCRIPTION OF REQUEST: The petitioner wishes to remedy an encroachment into the side setback for a screened pool enclosure (See Attachment C). The permit issued for the pool required a 12-foot setback based upon the height of the structure. According to the applicant's agent, the surveyor who staked out the pool and enclosure area made the setback error. The mistake was not caught until after the pool and enclosure were constructed, thus the applicant is seeking an after-the-tact variance to allow the existing pool and its screen enclosure to remain. GRO%VTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban blixed Use Residential land use classification on the County's Future Land Use Map. This land use category is designed to accommodate a variety of residential uses including single family, multi-family, duplex, mobile home and mixed-use projects. As previously noted, the subject petition seeks a variance for a single family home that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the Future Land Use Map. The Growth Management Plan does not address individual variance requests: the Plan deals with the larger issue of the actual use. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. although the variance request is not specifically addressed. LAND USE AND ZONING (See Attachment B): Subject: Single-family house: zoned PUD. with the hz to the southwest Petition VA-2001 -AR- 1710 CCPC Date: August 1,2002 Page, SEP 1 0 2002 Surrounding: North - East - South - West - a lake within the project, zoned PUD Undeveloped single-family home site, zoned PUD San Mateo Drive, the a single family home, zoned PUD Southport Cove Drive then single-family homes, zoned PUD 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 Count> Probability' Map. There/bre, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TtLANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: A. pproval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants* the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through ~.7._.6.8. which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Semi( ~' as follows: Petition YA-200'I-AR-'?10 CCPC Date: ~ugust ,, 2002 Pag, Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. There is a limited land-related hardship. The lot has a trapezium shape, i.e., no side is parallel to any other side: therefore positioning a residence on the lot can be somewhat problematic. Only one comer of the screen enclosure encroaches into the setback, so it appears that the setback error could have partially been caused by an error in the structure's positioning on the lot. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. According to the petition, the variance is being requested because of a sur~'eyor's elTor. do Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The pool enclosure would need to be modified to comply with the setback. It appears that there would be a very limited area to walk around' the pool without increasing the danger of thlling into the pool. If the correct setback had been used when the pool and the enclosure were staked on the property, the pool enclosure could have been reduced in size to accommodate the required setback max' have been constructed closer to the home. or reduced in size. in contbn'nance with the required setbacks. ~'ill the variance, if granted, be the minimum variance that will make possible the reasonable use of the land. building or structure and which promote standards of health, safer)' and welfare7 No. The pool enclosure could be removed thus bringing the lot into conformance with the regulations. However. the requested variance is the minimum required to legitimize the encroachment. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a pool closer to a lot lines that other property owners within this PUD and than that enjoyed by the neighboring lots within that zoning district. Will granting the variance be in harmony with the general intent and Land Development Code, and not be injurious to the neighborhood, detrimental to the public welfare? Petition VA-2001-AR-1710 CCPC Date: August 1. 2002 Pal: }urpose of this Yes. The area of encroachment faces a lake. and the nearest lot is not developed. It appears that approval of this variance would have a negligible effect upon the neighborhood and would not be detrimental to the public welfare. Figure #1 -- rear view of yard looking toward encroachment area Petition VA-2001-AR-17 I0 Figure #2-- close-up view looking from street CCPC Date: August 1. 2002 Pa( SEP 1 0 2 02 ~ o~ ~ go he Figure #3--view from street The pictures show that the lot angles from the street and demonstrates how the lot gets narrower toward the rear of the lot. Also. it can been seen that the screen enclosure extends into the side yard less than the house, therefore the screen enclosure should hax e no negative impacts upon the neighboring lot owner. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses. etc.? As noted above, there is a water management lake located to the rear of the property. The PUD establishes a principal building setback requirement of 25-feet lbr the rear yard for lots that do not front on a lake and 30 feet for lots that front on non-Gulf waterfront, thus requiring the home to be sited closer to the road than to the rear property line. This limited the space available to site the home but actually provides more rear yard area for the pool. The location along the water does not appear to have any effect upon the pool's location. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with these after-the-fact variance requ determined that there are special conditions and circumstances that warrant apprc Petition VA-2001-AR-1710 CCPC Date: August 1. 2002 Page 6 ~st, 'al q~these SEP 1 0 variances is the appropriate action, if the conditions recommended by staff are incorporated into the approval. Theretbre. Planning Services staff recommends that the CCPC tbm'ard Petition VA-2001-A.R-1710 to the BZA with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variance with the following conditions: 1. This variance is for the screen enclosure to the extent of encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance: and o In the case of the destruction of the encroaching structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. The first condition relates to the site plan and pictorially' clarifies the limits of the variance approval. The second condition reiterates and embellishes upon LDC Section 2.7.5.7. regarding destruction and replacement of this pool. This condition recognizes the unique situation lbr the x ariance but requires an.,,' replacement or reconstruction of the screen enclosure to be done in comrq~ance v,'ith tine regulations. PUBLIC INPLT: ,As of the date this staff report ,,vas prepared (Julx '~" 2(/02 ,_. }no letters, either in support of. or in opposition to. this petition have been receix ed. Petition VA-2001 -AR-1710 CCPC Date: August 1, 2002 SEP 1 0 2fi02 i 1 PREPARED BY: KAY DESELEM, AICP PRINCIPAL PLANNER REVIEWED BY: 7-/0.- DATE CURRENT PLANN~G MANAGER DA'~E APPROVED BY: VELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the August 1, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the September 10, 2002 Board of County Commissioners Meeting Attachments: A. Location/SiteMap B. Reduced Copy Zoning Map C. Copy of plot plan and pool permit petition VA-2001-AR-1710 CCPC Date: August 1, 2002 Pa! SEP 1 0 L~OZ ~ of 8 Attachment ?/ P~ a Oroinoge Easernen : (Lo~e 4) Pin · 3.q~4 B~c~ I~ 7'x5° Bolcon y I;or~rete De¢~ '~,,. Story C.B.S. Residence over Enclosed Goroge &r Storage Ground FToor ETev. = 8.08' '.iwng Floor ETev. = 18.08' A.K.A. ~ 215 Concrete 5~ab I0. ~',r~' Wood Bok:on y Dm* ~n~o~ore /0.,> "" Concrete Slob Apron ~I'I'LICANT'S SKHCH TO SHOW THE PI)It ENCLISHIIE VA~,IANCE IISTAIIC;I~ , SEP 1 0 2002 (P.C~P.) · 2464 (p.~) A~chment C COLLIER COUNTY BOAR: .)F COUNTY COMMISSIC.,~RS pERMIT #: 2001052314 ISSUED: 05-25-01 MASTER ~: 2001052314 JOB ADDRESS: 215 JOB DESCRIPTION: BY: GARRETT S COA N/A SAN MATEO DR S/F POOL ADDITION SUBDIVISION #: 1668 FLOOD MAP: 0179 FOLIO #: 0000074435004403 OWNER INFORMATION: ROCHA, JOSE=& CAROL 18 VICTOR DR TEWKSBURY, MA 18762088 PERMIT PERMIT POOL APPLIED 05-25-01 -Southoort On The Bav Unit One ZONE: AE-12 ELEVATION: SECTION-TOWNSHIP-RAN 6 JOB PHONE: BLOCK: 48 25 CONTRACTOR INFORMATION: FINISHING BY BAKER, INC. 2355 HERITAGE TRAIL NAPLES,FL 34112- CERTIFICATE #: 13549 VALID 314 APPROVAL DATE: 05-25-0- {9411 566-1721 LOT:41 PHONE: (941)594-9383 FCC CODE: 329 - STRUCT OTH THAN BLDG-POOL/SEAWALL/DOCK/F CONSTRUCTION CODE: i0 / OTHER JOB VALUE: 33,000.00 TOTAL SQFT:, SETBACKS FRONT: REAR: SEWER: SEPTIC CONTACT NAME: NICK BAKER CONTACT PHONE: {9411566-1721 12.00 LEFT: 12.00 RIGHT: 12.00 WATER: WELL . . - . a_mended all work under the approved building permit shall Per Collier County Ord!nanc~ No. 96_83 a~ ........ '~d additional stipulations and/or Conditions ~f.permlt. comply with all apolicabte laws, coaes, oru~n=~ ......' '' The approved perr0/t expires if work authorized is not comraenced wlthln slx (6) months from Gate oz issue a evidenced by the successful completion of the foundation inspections as stated in Ordinance No. 96-83 104.6.1.b as amended. Fee Resolution No. 96-594 provides for additional fees for failing to obtain permits to commencing construction. The permittee further understands that only licensed contractors may be is issued. prior employed and that the structure shall not be used or occupied until a Certificate of Occupancy NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property tha may be found ~n the public records of this county, and there may be additional per,its required frc~ other gover~m~...ntal entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERT' IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE ~~11~ ' YOUR NOTICE OF COMMENCEME~T~-~ ~~! ; VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTIC[R, AR ZONING DISTRICr) Petition No. Commission District: Date Petition Received: Planner Assigned: VA-2001 -AR-1710 PROJECT #2001110012 DATE: 11/7/01 CHAHRAM BADAMTCHIAN ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Telephone: Agent's Name: ~_.2_r-~c_~ ~.~+,-r%_ / r=,~5~-,~¢= 7~-1 Agent's Address: __-- ..~]to "7"~'-t ~c,t... ~7_j~ _<'o.a-~. /o$ ~ 35t/c,~ Telephone: ?~/1 _~4~r., ,72~/ Application for Variance Petition - 8/98 Page cOLLIER COUNTY coMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N, HORSESHOE DRIVE - NAI~LES, 1[~ 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all As~ociation(~) aitiliaed with this p~dtion. (Provide additional Narnv of I.Iomeownc'r Association: , _ ~ - Seam .___ Zip_ Mailing Addr~sg -- .Name of Ma~ter Assoclsflow. ~g~-g~ f ~~e_C ~X~ma~ ~_RO pERTY DKSCRIPTIOlql LeSaI Description of Subject ~: Subdivision: ~_..,.,~-r t-~ .r'~a._~ Unit ] Lot (s) ~ Blook (s) Metes & Bouu~ Oescripiton: SEP I 0 20ff2 l~ate l of 8 Address of Subject Property: '~t ~- (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING LAND USE Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes ~ No ['-] Side: Waterfront Lot: i Application for Variance Petition - 8/98 I. SEP 10 2~ Pagellof 8~g., ' q Nature of Petition. Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment c~ame to be; etc. Page Application for Variance Petition - 8/98 Please note that staff and the Collier County Planning Commission shall be guided m their recommendation to the Board of zomng Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) o Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, slructure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the properly which is the subject of the variance request. ° Will a hteral interpretation of the provisions of thi~ zoning code work -nnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. SEP 1 0 20 2 Application for Variance Petition - 8/98 Page 5 of 8 Will granting thc variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other land.s, buildings, or structures in the same zoning district. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public weffare. Are there natural conditions or physically induced conditions that amehorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. o Will granting the variance be consistent with the growth tnanagement plan~ Application for Variance Petition - 8~98 SEP 1 0 21X)2 Page f 8 p~ V~4RIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! R E Q UIREMENTS ' # o r COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) AH existing and proposed structures (labeled as such)i c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major sweets in area for 1 reference 7. Pre-Application fee, Applicaton fee and Data Conversion - fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements - . As the authorized agent/applicant for tlxis petition, I attest that all of the information indicated on this checklist is included in ~ submittal package. I understaa~ that failure to include all nec, e~aty submittal information may result in the delay of processing of ~_~_~.~, Applicant/Agent Signature Date Application for Variance Petition - 8/98 Page of ~' ~ AFFIDAVIT We~I, _ -~ ~ r~c'~'l"~-' being first duly sworn, depose and say that well am/are the owners of the property described herein ahd which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. WefI understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. / As property owner Well further authorize ~ ~z_ff_~ c.,.> e~ ~*t_ ~,~ ,~,~"~, ~J to d~ct as our/my representative in any matters regarding this Petition. Signature of Property Owner ~yped or Printed Name of Owner Typed or Printed Name of Owner regoing instrum_.~ent was acknowledged before me this /~ ~'~ day of aY-.>~r''' The ~o by ~-~ ~ ~ who is er~.f.f.~all_v known to m.~e or has produced ~3f_~ _ as identification. Application for Variance Petition - 8/98 Florid. a) (Print, Type, br Stamp Coral Name of Notary Public) (Signature of N t~-Public - State of · SEP 1 0 2002 N ¥11{D.LrCY(]¥fl Found No~7 & Disk (P.C.P.) ~ (~.C) / Slob Inlet W~de ~crete Gutter Br~k Apron 5/8" Iron Pin LB. · 3964 7O..> Driveway / ?.c.) Found 5/8' Pin Lin. t ~. Screen Enclosed "', ,, Oeck and Pool Covered Concrete Deck L on ai Story C.B.S. Residence over Enclosed Garage & Storage Ground Floor Elev. = 8.08' .lying Floor Elev. = 18.08' A.K.A. 4~ 215 '- 10. 7'x5' Balcony Concrete Slob Drofnoge Eosernen (Lake Faun d Iron F · 501 8dck On'~woy I0. 7'x5' Balcony set ~/8" lro~ Pin w~ c~, rZ'7' 4'x2.6' Wood Deck Brick Apron / Found P.K. Nofl & Disk (P.C,P.) · 2464 (P,C.) 4'x4.6' :1'ere Slob W/ F.P.L. Tronsforr~er Found 5/8' Iron Pin · 5013 SEP 1 0 21 2 · - FOUND CONCRETE MONUMENT KESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2001-AR-1710, FOR A VARIANCE ON PROPERTY HEREIN-AFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Developm~t Code (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected and lawfully constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of 2.5-foot after-the-fact variance in the PUD zoning district from the required 12-foot side yard setback to 9.5 feet for a swimming pool and enclosure, as shown on the attached plot plan, Exhibit "A," in the PUD Zoning District tor the property hereinafter described, and has found as a matter of fact that satisfactory, provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and '¢?rlEREAS, all interested parties have been given oppommity to be heard by this Board in public meeting assembled, and the Board has ~ully considered all matters presented. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COLrNTY, FLORIDA, that: Petition VA-2001-AR-1710 filed by GREG WHITE, representing JOSE & CAROL ROCHA, with respect to the property hereinafter described as: Lot 41, Southpon on the Bay, Unit 1, as recorded in Plat Book 15, Pages 51-53, as recorded in the Official Records of Collier County, Florida. be and the same hereby is approved for a 2.5-foot after-the-fact variance in the PUD zoning district from the required 12-foot side yard setback to 9.5 feet for a swimming pool and enclosure as shown on the attached plot plan, Exhibit "A," of the zomg district wherein said property is located, subject to the conditions found in Exhibit "B." SEP 1 0 2002 BE IT RESOLVED that this Resolution relating to VA-2001-AR- 1710 be recorded in the minutes ot this Board. This Resolution adopted after motion, second and majority vote. Petition Number ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Deputy Clerk JAMES N. COLE'I~A, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Attachments: Exhibit A, Plot Plan Exhibit B, Conditions VA-2001-AR-1710 SEP ! 0 2'002 --/ o'/ ~, Brk~ Iron Pin LB. · J964 5/8 ' Pin La. ~ 3~ Dra/nage Eosemen t ~ ond Pool ~ne Story C.B.S. Reside~e o~ Enclos~ Goroge ~t~oge ~'~ ~ound Ro~ Elev. = 8.08' '.i~n9 ~o~ ~ev. = 1~.08' A.K.A. ~ 215 C~crete I0. 7~5" Drf ve ~ y .., En t, I0. 7'x5' 4'x2.6' Ironw/ Pin ,/7' ! Found P.K. Nail & Disk (P.C.P.) ~ 2464 (P.C.) Found 5 Pin' ! 5013 ~PPLI~HT'S SKETCH TO SHOW THE POOL ENCLUSURE VARIANCE DISTANCI~ 4'z4.6° Concrete Slob w/ ~.P.c Tronsfo~ner L /~u$.NDA ITEM. ~ $EP 1 O 2002 Conditions for lOSE az CAROL ROCHA Petition # VA-2001-AR- ! 7 ! 0 Staff is recommending approval of the variance with the following conditions: 1. This variance is for the screen enclosure to the extent of encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance; and 2. In the case of the destruction of the encroaching smacture for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structare at the time of its destruction, anY reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. 7/10/02 VA-2001-AiI-1'/10 ,:xhlJ G :\C urrent~DeselemWafia nces\R°cha-VA'200 I'AR'171 CAConditions for Resolution.doc SEP 1 0 2002 ! EXECUTIVE SUMMARY PETITION AVROW2001-AR1578 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A ROAD RIGHT OF WAY FOR COCOHATCHEE STREET WHICH WAS DEDICATED TO THE COUNTY BY THE PLAT OF "PALM RIVER SHORES", AS RECORDED IN PLAT BOOK 3, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the road right of way for Cocohatchee Street. CONSIDERATIONS: Petition AVROW2001-AR1578 has been received by Engineering Services from Brian and Jennifer East, owners of Lot 62 (which is west of and abuts the portion of the right of ~vay they are requesting to be vacated). They are requesting the vacation of a portion of the right of way for Cocohatchee Street. The west 30 feet of right of way was dedicated to Collier County by the plat of "Palm River Shores." The east 30 feet of right of way was deeded to Collier County by the Indenture recorded in Deed Book 36, Page 263. That portion of Cocohatchee Street lying south of Shores Avenue was never constructed and remains vacant and unimproved with only a drainage ditch going across the southerly and easterly portion. This portion of the right of way will never be used to construct a road because there is no need for a road and there is an existing lake just to the south, being part of the subdivision of "Collier's Reserve". Only the west 30 feet of the right of way abutting Lot 62 is requested to be vacated. The east 30 feet will continue to be County Right Of Way and will not be vacated. The Petitioners will grant Collier County a 20 foot wide Drainage Easement across the southerly 20 feet of that portion of the right of way requested to be vacated. This will allow the stormwater that drains along the existing platted 15 foot wide Drainage Easement on the southerly portion of Lots 62 through 70 to continue its easterly flow to the existing swale along the easterly side of Cocohatchee Street. Letters of no objection have been received fi.om the following Collier County Departments: Transportation, Stormwater Management, Engineering Services, Public Utilities, Sheriff, and North Naples Fire and Rescue District and also fi'om the following utility providers: FPL, Sprint and MediaOne. Zoning is RSF-4. This Executive Summary was approved by Jeanne Marcella in Transportation on 5-30-02 and by Jacquelyn Johnson in Public Utilities on 7-12-02. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None ~ ]r7 ~' SEP 1 0 2002 PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVROW2001-AR1578 for the vacation of the above- described Road Right of Way; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Approve and accept the relocation Drainage Easement and direct the Clerk to the Board to record the relocation Drainage Easement documents in the Official Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the plat of "Palm River Shores." PREPARED BY: 122'_,r-v-' ~ ~ Rick Grigg, P.S.M. Engineering Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director DATE :~Z/,ff~ By.. APPROVED .. Joseph K. Schmftt, Administrator ,t~C/fimmunity Development & Environmental Services DATE: SEP 1 0 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 34 35 RESOLUTION NO. 2002- RESOLUTION FOR PETITION AVROW2001-AR1578 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A ROAD RIGHT OF WAY FOR COCOHATCHEE STREET WHICH WAS DEDICATED TO THE COUNTY BY THE PLAT OF "PALM RIVER SHORES", AS RECORDED IN PLAT BOOK 3, PAGE 27, PUBLIC RECORDS OF COI.!.mR COUNTY, FLORIDA. LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Brian and Jennifer East, owners of Lot 62 (which is west of and abuts the portion of the fight of way they axe requesting to be vacated) do hereby request the vacation of a pomon of the right of way for Cocohatchee Street; and WHEREAS, the Board has this day held a public hearing to consider vacating said Road Right of Way as more fully described below, and notice of said public heanng to vacate was given as required by law; and WHEREAS, ,.he granting of the vacation will not adversely affect the ewnership or right of convement access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COI.I.mR COUNTY, FLORIDA, that the County's Right of Way interests over and across the following portion of the Public Road Right of Way axe hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be ia the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated hereto. SEP 1 0 2002 36 37 38 39 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 40 COLLIER COUNTY, FLORIDA, that the 20 foot wide Drainage Easement more particularly 41 described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a ,*2 relocation easement for the Public Road Right of Way vacated herein. 43 44 BE IT FLrRTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 45 certified copy of this Resolution, the proof of publication of the notice of public hearing and the 46 proof of publication of the notice of adoption of this Resolution in the Official Records of Collier 47 County, Florida. 48 49 5O 51 This Resolution adopted after motion, second and majority vote favoring same. 52 53 DATED: 54 ATTEST: 55 DWIGHT E. BROCK, Clerk 56 57 58 59 Deputy Clerk 60 61 62 63 65 Approved as to form and legal 66 sufficiency: 67 68 69 Pau-ick G. White, Esq. 70 Assistant County Attomey 71 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman SEP 1 0 2002 EXHIBIT " A " SHEET I OF 2 PROPERTY DESCRIPTION AVROW2001-AR1 $75 All that part of COCOHATCHEE STREET, a 60 foot wide public fight-of-way to be vacated by Collier County, lying adjacent to and in part within PALM RIVER SHORES, according to the Plat thereof as recorded in Plat Book 3 at page 27, and adjacent to COLLIERS RESERVE, according to the Plat thereof recorded in Plat Book 20 at pages 59 through 78, inclusive, Public Records of Collier County, Florida, being more particularly described as follows; BEGININNING at the Southeast comer of LOT 62, said PALM RIVER SHORES, thence North 01'07'00' West along the East line of said LOT 62 and the West right-of-way line of said COCOHATCHEE STREET, a distance of 140.86 feet, to the Northeast comer of said LOT 62; thence North 88'59'30" East. along the easterly extension of the North line of said LOT 62, a distance of 30.00 feet, to the centedine of said COCOI-~TCHEE STREET; thence South 01'07'00" East. along the said centerline, a distance of 141.34 feet, to the South line of said Northwest Quarter of Section 22, and a northerly line of said COLLIERS RESERVE; thence South 89'55'00" West, along said South line of the Northwest Quarter, a distance of 30 feet to the POINT OF BEGINNING. SURVEYORS CERTIFICATIONS, This sketch was prepared under my direct supervision on 1;':-12-2000, and1 :loes not constitute nor does it m pmsent a survey of the subject pm perty.~_..---;-~~, ..~.~~~ Date of Signature,' '~' / ~' (~:7~...-' , This cetlifx:ation is not valid Steven K. Sandy PLS _'~_ untess sealed with the embossed Professional Land Surveyor No. 5 seal and signed with the original Licensed Buisness No. 6746 surveyos signature. INFORMATION SHOWN HEREON DOES NOT CONSTITUTE NOR DOES IT REPRESENT A SURVEY ~ ITF~ oF THE SU ECT PRO ER ' .EV: - 4-02 SANDY LAND SURVEYING AND MAPPING, INt FIELD: N/A SURVEYING PLATTING MAPPING SEP 1 0 200; - 16565 VANDERBILT DRIVE STE.3 .DRAWN: C.SANDY BONITA SPRINGS FLORIDA, 34134 ~ APPR: S.SANDY TEL. (941) 495-8969 FAX. (941 ~ 498-0702 , pg.~,~.~ EASTERLY ED(TENSION OF EX~D~[T "^" THE NORTH LINE OF LOT 62 ~-"~ SHEET 2. OF :7. P~ R~RSHORES,, ,,,,°59'30" E ^v~.ow2oo~-^R~57~ j 30.00' ' NORTHEAST CORNER OF : LOT 62 PALM RIVER SHORES 10 5 0 10 GRAPHIC SC, AtE IH FEET;ozm LOT 62 z PALM RIVER SHORES ..,. mo~.~_o:~ .--' ~-~ ~, o> ;o POINT OF BEGINNING THE SOUTHEAST CORNER OF LOT 62 PALM RIVER SHORES PLAT BOOK 3 PAGE 27 S 89°55'00" W COLLIERS RESERVE THE NORTH LINE OF GOLF COURSE TRACT NO.1 AND COLUERS RESERVE PLAT BOOK 20 PAGES 59 THROUGH 87 AND THE SOUTH UNE INFORMATION SHOWN HEREON DOES NOT OF THE NORTHWEST 114 OF SECTION 22, CONSTITUTE NOR DOES iT REPRESENT A SURVEY TOWNSHIP 48 SOUTH RANGE 25 EAST OF THE SUBJECT PROPERTY ..... AGENDa EV: SANDY LAND SURVEYING AND MAPPING, INC FIELD:N/A SURVEYING PLATTING MAPPING DRAWN: C.SANDY 16565 VANDERBILT DRIVE STE.3 SON~TASPR~NGS FLORIDA, 34~34 SEP 1 0 200? Prepared without opinion as to title by, and returned to: Marc F. Oates, P.A. I0001 Tamiami Trail N., Ste. 119 Naples, Florida 34108 (941) 593-3174 .(Recording information above this line). GRANT OF DRAINAGE EASEMENT EXHIBIT "B" SHEET I OF 4 AVROW2001-AR1578 [HIS EASEMENT, granted thi'~LYdaY of March, 2002, between BRIAN EAST and JENNIFER EAST, husband and wife, whose post office address is 692 94th Avenue N., Naples, Florida 34108, as Grantor, to the COLLIER COUNTY BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as Grantees. WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantees, the receipt of which is hereby acknowledged, hereby conveys, grants, bargains, and sells unto the Grantees their successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to maintain, construct and install water management and drainage facilities, structures and improvement in, on and over the following described lands located in Collier County, Flor/da, to wit: (See Exhibit "A') TO HAVE AND TO HOLD the easement hereby granted unto said Grantees, their successors and assigns. Grantees, by acceptance of this easement agree for themselves, their successors and assigns, to in no way interfere with the right of ingress and egress of Grantor, its grantees, successors and assigns, or any other party requiring access to the property over which the easement is granted to any properties abutting the property encumbered by this easement. In the event Grantees, their successors or assigns, shall fail. To use this easement for the purposes intended, then Grantees, their successors or assigns, shall vacate this easement or relevant parts thereto. ~ ~'t~ SEP 1 0 2002 Grant of Drainage Easement ~ Page 1 of 2 Pl. ff.] IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. EXH I B I T "B" SHEET 2 OF 4 AVROW2001-AR 1578 Witness: Print Name~ Print Nam~ Witness: P¥int l~me: '-Y'-cnch ~c.. ~. 7qO el; e_ nt ~e: _ I Q~ ~- ~%- 'iq dd',~_ BRIAN EAST By: ~ /~hnt Naha4: Brian East JENNIFER EAST Q/lPrint NametwJennifer East STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~?~Y of March, 2002, by BRIAN EAST and JENNIFER EAST, who [ ] is personally known to me or [x] produced their Florida driver's license, as identification. (SEA-D Notary Public Print Nam~ My commission expires: Grant of Drainage Easement Page 2 of 2 ,.,<P I 0 2002 EX.mIT Si-[F-~ 3 OF 4 PROPERTY DESCRIPTION AVRO~00,-*R'57S and in ~th~ ~ E~okreo~:0~ ~re~ 5~llth~hBh~8 27p~ ~rd~t ot~ Co~er~ERSpart of COCOHATCHEE All ttmt STREET, a 60 foot, wide public right-of-way to be vacated by Coaier County, lying adjacen~ to RESERVE, according to me co~nel' 0% LUI o~ ~J rr-=~, ' . , BEGIN INNING at t~e..~...utt~.~. ~ .... ,--~ c'z3C. OHATCHEE STREET, a distance of 20.00 feet; lflence Norlh ,~'55"1)0' East, · said LOT 62 and the west ngm.m-way ,,~ u. ...... thence Soulh 01'07'00' East, along the said centerr~e, a distance of 30.00 feet, to the centerr~e of said COCOHATCHEE STREET; a distance of 20.00 feel to the South [~e of said Northwest Quarter of Seclion 22, and a norlbedy [me of said COLUERS RESERVE; Ihence Soulh 89'55~O' West, along said South line of lhe Northwesl Quarter, ~ distance of 30 feet to lhe POINT OF BEGINNING. SURVEYORS CERTIFICATIONS Date of Signature,' " · rlJficalJon is not va~d Steven K. San6y PLS un .l~ss .s~. __~.~me,,?. -.~.:.. , Licensed Buisness No. 6746 seal ai~3 slgfteu ~um u~ ~ njnm[ INFORMATION SHOWN HEREON DOES NOT CONSTITUTE NOR DOES IT REPRESENT ^ SURVEY OF THE SUBJECT PROPERTY DY LAND SURVEYING AND, INC ~u^ SURVEYING PLATTING MAPPING 16565 VANDER~LT DRrVE STE3 $.SN~DY TEL. ¢941 SEP 1 0 2002 EASTERJ. Y E~ OF THE NORTH UNE OF LOT 62 "~ SHEET 4 OF 4 PAlM RN~ ~.JORE$_ ~[~t_. AVI~.OW2001 -AR] 578 LOT ~2 PALM RNER SHORES I I I I , ' 10 5 0 10 I I (~,APti¢ SC.N.E IN FEET I ,-r- LOT 62 I ammo ~ ~ PALM RIVER SHORES ~1 ~ ~ I ~m~ I o~ '"r- o ~o 0 I I ~t,t~ ~ --I m rn N 89*55130' E 30.00' POINT OF = { INFORMATION SHOWN HEREON DOES NOT PAGES 59 THROIJGH 87 AND THE SOUTH UNE CONSTITUTE NOR DOES IT REPRESENT A SURVEY OFTHE NOFFFHWEST 1/4 OF SECTION22, OF THE SUBJECT PROPERTY TOWNSHIP 48 SOUTH RANGE 25 EAST ~v: ~-.= SANDY LAND SURVEYING AND MAPPING, INC, ~A F~ ~ N~A SURVEYING PLATTING MAPPING DRAWN: C.SANDY 16565 VANDERBILT DRIVE STF_3 ~oNrr^ SP~NC~S FLOR~D~ 34~34 SEP 1 D 2002 APP~ S.SAND¥ TEL. (94~149S-8969 FAX. ¢g4~} ~9~02 Date Received: Attachment "A' PETITION FORM FOR VACATION OF ROAD RIGHT-OF-WAY ~I~,.~~ / -=~l~l~/ Petition #: Address: ~9~. qff"rh~ N' Telephone: City/State: ~,.~O..~g ~/.~ Zip Code: ! Agent: Address: Telephone: City/State: Zip Code: ~ca.on: Section Current ~umg'. I- Do~ this .ffe~ deusi~? I hereby authorize Agent above to re~0resent me for this petition: ~ Yes [] No Signature of Peti~gner Date P~nt ~e ~lfle) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition, and deliver or mail to: Commnifit]/Development & Environmental Services Division Planning Services Department 2~00 North Horseshoe Dr. Naples, l~orida 34104 (1) (2) (~) (4) If appfltlnt is u land trust, indicate the nme of benefl~tries. If applicant is u corporation other than a public corporation, inditate the name of of[ major sto~itholders. If applitant is a partnership, limited partnership or other business entity, indicate th, principals. List afl otheF owners. AUnctmann 'A" Page 4 of 4 SEP ! 0 2002 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners Trans Number Date Post Date 292618 10/9/2001 12:54:39 PM ! 101912001 _Payment Slip Nbr AR 1578 Appl Name: Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: Proj Name: EAST, BRIAN Type: RSF TAZ: 27 Subdiv Nbr: 1353 Project Nbr: 2001100032 Payor' JENNIFER EAST Fee Information Fee Cod_e__ _ DeScrip!i°n' ' _ . GL A~c_c0u.n_t Amount Waived 12TRVC REV ACCT/VAC EASEMENT-ROW 10116361032910000000 ' S1000.00 Total $1000.00 Payments Pay~%t COde _ Acc%._n_~_C_h_eck Number_ CHECK 901007 Total Cash Total Non-Cash Amount $1000.00 Memo: $0.00 $1000.00 Total Paid $1000.00 Cashier/location: GARRETT S / 1 User: SMITH G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printe¢ SEP 11~:b~:002/. pM 1 ~/9/2001 .~.., 12- This instrument was prepared WITHOUT EXAMINATION OF TITLE, by: Timothy G. Hains, Esquire QUARLES & BRADY LLP 4501 North Tamiami Trail, #300 Naples, Florida 34103 $ 15.00 recording $626.50 doc stamps Property ID# 65571520009 WARRANTY 2672670 OR: 2707 PG: 1887 UCOR~BD in Off~I~IAi R~CO~$ of COL~I~i COUIT~, ffL 08/01/2000 at 02:51PN DWIGHT ~. BLOCK, CL~ll[ ~0;-.?0 ~2;.~0 C0~I~$ 3,00 Retn: AS$OCIA?iD LAND ?ITLR 7370 COL~IG! ~lli~ ~lOt fit HYIRS ffL 33907 DEED THIS DEED, is made this 4th . day of August, 2000, between RICHARD GOTTSCHALK, and ROBERT GOTTSCHALK, Grantor and BRIAN EAST and JENNIFER EAST, husband and wife, Grantee, whose post office address is: 692 94th Avenue, Naples, FL 34108. The grantor, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations paid by the grantee to the grantor, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases and conveys to grantee, the following described real property in Collier County, Florida: Lot 62, Palm River Shores, as per plat thereof recorded in Plat Book 3, Page 27, Public Records of Collier County, Florida. TO HAVE AND TO HOLD, the same in fee simple forever. GRANTOR fully warrants title to said land and will defend the same against the lawful claims of all persons whomsoever; except ,that this deed is subject to the follcwing: Real property ad valorem taxes and assessments for the current and subsequent years; o Zoning, building code and other use restrictions imposed by governmental authority; Outstanding oil, gas and mineral interests of record, if any; and 4. Restrictions and easements of public record. QBNAP\22639! · 1 This property is vacant land and therefore not the residence of either grantor, nor is it contiguous thereto. The residence addresses of the grantors are listed below. ~ SEP 1 0 ,R: 2707 PG: 1888 IN WITNESS WHEREOF, the said Grantor has caused these presence to be signed in its name the day and year first above written. Witnesses: Print Name Witness #2 Ri~C~IARD GOTT~CHAI~ Address: 9 Horace Street Malden, MA 02148 Print Name~A~ ~6 (SEAL) STATE OF MASSACHUSETTS COUNTY OF . ~.~he foregoing instrument was acknowledged before me this ' ' ---day of c~r~? , 2000, by RICHARD GOTTSCHALK, who {__) ~ A/_~--personally/ known to me or (l~,'~) has produced ~ ~.~%% ~,~-~-~ /~ ;~,, ~'<' as i~entifi~tion. My/CommiDslon Explues: SEPTE~ "'::~'] ..... QBNAP\226391 . 1 SEP 1 0 2002 ,,.. 1'4 _ *** OR: 2707 PG: 1889 *** IN WITNESS W~EREOF, the said Grantor has caused these presence to be signed in its name the day and year first above written. ROBERT GOTTSCHALK Address :1483 Shore Parkway Brooklyn,NY 11214-6375 Witness #2 Print Name (SEAL)..~ y · STATE OF NEW YORK The foregoin~ instrument was acknowledged before me this ~ day of ~/? , 2000, b ROBERT GOTTSCHALK, who ( _) is personally ~known ~to ,me or ( ~) has produced as identification. N~ry Public: ,'- My Commission Expires~.~.'.~ti:~.~.N OSTROWSK7 "- Nota~ ~..~:3:,':.. State of New York Nc, O~ OS82422437 ~unlif,ed ,n Nassau County Comm'.ss,on Expires Dec. 31, 2000 QBNAP\226391 · 1 SEP I 0 2002 7/17101 Board of County Commissioners Collier Co~, FL Re: Vacation of 30 western feet of Road Right-of-Way Adjacent to Lot 62 (100 Shores Avenue) To The Board of ColUer County Commissioners: The residents of Palm River Shores and Deneral public would benefit from this vacation of road right-of-way, Plat # 3 Page 27 ,etc. for reasons mentioned below. The proposed vacation is a request to be added to the deed of Lot 62, Palm River Shores. Please see attached photos of the vacant parcel that was originally to be a through street of Cocohatchee St. The subject property borders the eastern boundary of 100 Shores Ave, and continues east for 30 feet. stopping at the middle of the formerly proposed road. The eastern 30 feet of the road, belon~ to Collier's Reserve, bordering the fence of Collier's Reserve Golf Course, to the east, and to the back/south side. The unstarted/unfinished '"' road" is not being maintained by the county, nor Collier's Reserve, and is extremely overgrown with weeds. The land also has become a neighborhood dumping area for debris, branches, tree trimmings, etc. Prior to the sale of Lot 62 (100 Shores Ave), wood scraps, tires, and even a couch, was removed by the previous owner. Instead of being a tax burden on the county, it would generate additional tax revenue. Brian and Jennifer East would like to make this parcel of land part of their deed, to clean up and improve upon. This addition would beautify the neighborhood, and appreciate the value of Palm River Shores' homeowners. Endosed are the letters of no objection from alt of the necessary authorities. We are aware of all easements, and requirements by Collier County. Thank you for your time and consideration on this matter. Sincerely, Brian East Jennifer East SEP 1 0 2002 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION January 8, 2001 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Brian East 692 94m Ave N Naples, FL 34108 Re: Lt 62, 100 Shores Ave, Palm River Shores Dear Mr. East: Our wastewater office has reviewed your request to vacate the above-referenced site, based on drawings you supplied. The Collier County Water-Sewer District has no objection to this vacation of Utility Easement. Should you have any further questions, please feel free to contact me. Sincerely, Lisa Taylor Engineering Tectmician I CC~ Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Commumty Development g:\engineering tech\easement vacation\palm river shores lot # 62.doc SEP I 0 20O2 09: 1B~ FRO~:BOB TAYLOR TO: ~ UUI/UUI P:4 RECEIVED AU60320~ Rc: Pctition for vacation of road right-of-way Your letter-of m~ objection is ~ for a peri'ti'on for vacation of road right-of-way. The subject ~operty is locam:d in palm River Shores at thc south end of Cocohatchee Street, next to Lo~ ~62, ! 00 Shores Avenue. Please see attached pla~ map for highlighted The unfinished road does not eocis~ as a dedicated public are~ Piemse sign below sad return in the self-addressed, stamped envelope, so we can condnue on to our public hearing. If you have any questions, plcaz¢ call Jennifer East nt home, 514-2387. or work $13-0989. Your prompt response Js greatly appreciated in this matter. Thank you for your time. Sinccrcly,,. Brian East Comer County Engineering Review Services: I have no objection to the proposed vacation: SEP I 0 2002 ~,' 8/1/00 Ed Kant, P.E., Director Transportation Department Public Works Division 3301 East Tamiami Trail Naples, FL 34112 O0 ~YC, -3 PM' 3:19 Re: Petition for vacation of road right-of-way Your letter of no objection is requested for a petition for vacation of road right-of-way. The subject property is located in Palm River Shores at the south end of Cocohatchee Street, next to Lot #62, 100 Shores Avenue. Please see attached plat map for highlighted The unfinished road does not exist as a dedicated public area. Please sign below and return in the self-addressed, stamped envelope, so we can continue on to our public hearing. If you have any questions, please call Jennifer East at home, 514-2387, or work 513-0989. Your prompt response is greatly appreciated in this matter. Thank you for your time. Sincerely, jcrmifer East Brian East Collier County Transportation Department: I have n~o~objection~4~ t~o~osed vacation: SEP 1 0 2002 John H. Boldt, P.S.M., P.E. Director Collier County Stormwater Management 3301 East Tamiami Trail Naples, FL 34112 Re: Petition for vacation of road right-of-way Dear Mr. Boldt, Your letter of no objection is requested for a petition for vacation of road right-of-way. The subject property is located in Palm River Shores at the south end of Cocohatchee Street, next to Lot #62, 100 Shores Avenue. Please see attached plat map for highlighted al-~. The unfinished road does not exist as a dedicated public area. Please sign below and return in the self-addressed, stamped envelope, so we can continue on to our public hearing. If you have any questions, please call Jennifer East at home, 514-2387, or work 513-0989. Your prompt response is greatly appreciated in this matter. Thank you for your time. Sincerely, 'J(:nnifer East Brian East Collier County Water Management: I have no objection to the proposed vacation. John l~dt, P.S.M.;P.E.~ Director Provided a~foot drainage easement is dedicated along the south side of said vacated parcel and the existing east-west drainage swale is properly maintained to service the lots to the west of the vacated parcel. SEP 1 0 20O2 8/1/00 Don Hunter, Sheriff Naples, FL 34112 Re: Petition for vacation of road fight-of-way Dear Collier County Sheriff, Your letter of no objection is requested for a petition for vacation of road right-of-way. The subject property is located in Palm River Shores at the south end of Cocohatchee Street, next to Lot #62, 100 Shores Avenue. Please see attached plat map for highlighted The unfinished road does not exist as a dedicated public area. Please sign below and return in the self-addressed, stamped envelope, so we can continue on to our public hearing, lfyou have any questions, please call Jennifer East at home, 514-2387, or work 513-0989. Your prompt response is greatly appreciated in this matter. Thank you tbr your time. Sincerely, ' J(~nnifer East Brian East Collier County Sheriff: I have no objection to the proposed vacation: n Hunter, Sheriff ~/~ nc, t. no^ rl~ SEP ! 0 2002 Carl Reynolds Fire Marshall 1780 lmmokalee Rd. Naples, FL 34110 Re: Petition for vacation of road fight-of-way Dear Mr. Reynolds, Your letter of no objection is requested for a petition for vacation of road right-of-way. The subject property, is located in Palm River Shores at the south end of Cocohatchee Street, next to Lot #62, 100 Shores Avenue. Please see attached plat map for highlighted area. The unfinished road does not exist as a dedicated public area. This subject parcel is not capable of being used as an emergency vehicle "turn around". There is a cul-de-sac at the north end of Cochatchee Street. Please sign below and return in the self-addressed, stamped envelope, so we can continue on to our public hearing. If you have any questions, please call Jennifer East at home, 514-2387, or work 513-0989. Your prompt response is greatly appreciated in this matter. Thank you for your time. Sincerely, Jennifer East Brian East North Naples Rescue and Fire Control District: I have no objection to the proposed vacation: SEP 1 0 2002 Mr. Jim Memam Florida Power and Light Company 26430 Old 41 Rd. Bonita Springs, FL 34135 Re: Petition for vacation of road right-of-way Dear Mr. Memam, Your letter of no objection is requested for a petition for vacation of road right-of-way. The subject property, is located in Palm River Shores at the south end of Cocohatchee Street, next to Lot #62, 100 Shores Avenue. Please see attached plat map for highlighted area. The unfinished road does not exist as a dedicated public area. Please sign below and return in the self-addressed, stamped envelope, so ~ve can continue on to our public hearing. If you have any questions, please call Brian East at home, 514-2387, or xvork 591-0991 x 141. Your prompt response is greatly appreciated in this matter. Thank you for your time. Sincerely, Jennifer East Brian East Electric Company: 1/10/01 SEP 1 0 2O02 ,,. 03 Sprint August 30, 2000 Box 2409 Napieq. Florida 3a106-2~6~! Brian East Jennifer East 692 94th Ave. N. Naples, Florida 34108 Re: Vacation of Road Right-of-Way - Dear Mr. & Mrs. East: In response to your letter dated August 1. 2000, regarding the vacation of the road right-of-way at the south end of Cocohatchee Street, next to Lot #62, 100 Shores Avenue, this is to advise that Sprint-Florida, Inc. has no objection to the abandonment of said right-of-way. Ifx~e can provide additional information, please contact me at 263-6216. Sincerely. Network Engineer II - E&C AHZ/jxv SEP 10 2002 8/1/00 Stephen W. Hill Construction Manager Media One 301 Tower Road Naples, FL 34102 Re: Petition for vacation of road right-of-way Dear Mr. Hill, Your letter of no objection is requested for a petition for vacation of road right-of-way. The subject property is located in Palm River Shores at the south end of Cocohatchee Street, next to Lot #62, 100 Shores Avenue. Please see attached plat map for highlighted The unfinished road does not exist as a dedicated public area. Please sign below and return in the self-addressed, stamped envelope, so we can continue on to our public hearing. If you have any questions, please call Jennifer East at home, 514-2387, or work 513-0989. Your prompt response is greatly appreciated in this matter. Thank you for your time. Sincerely, 46nni fer East Brian East Cable TV Company: I have no objection to the proposed vacation: Construction Manager SEP 1 0 2002 .~1 COLLIER COUNTf NOTZCc '"¢' E'~RNED ~,:,; IN N~'/ 3';: I;',i DEC 2'.' l~ J'~N,' I i'..' [', F.=:?, 0% IN DUE 998.2G I 1,008.6.0 1.018.'~; 1,029.3G 1,03g.7' ~~ II II i~I IIIIII II ~ ~ ~'--~1~ ~' "~J- ~ \ COLUER COUNTY TAX COLLECTOR .., - ............ COURTHOUSE COMPLEX - BUILDING ¢-1 :~:::_::.:::.::::::::: · '¥' :"- ~'-" ' * EWER · ::::~:?,::i? .' ':': '" :"" '-~'~' = '- - · x ~.~"- ~--.~,%N~,~'~-, . GARBAGE ~ ~ , L., '- .... ' ~',~ .~ 'pi e . ' C~MRIN~I~Tt~T~/ _: : .. ,. ,,~,-./¢,~..;.,,,.., --, ~--~-- ~ -- r i~~,'['~a~'~m _ ~ "~ ~'~, ~ ...... ~' " "~"' AD VALOR~ ~ ~ . ' "- ~ ~ co~Y -~ ~ -" COLLIER COUN~TAX COLLECTOR - - SCHOOL- S~ COURTHOUSE COMPLEX- BUILDING C-I ' "~ NAPLES. FLORIDA 34112-4997 .... SCHOOL.- LOCAL · :-: . _'"-:.- .~ ... ~~/ - . . . -, ::::::::::-:-::::::D [ 5 , ~A I~ SEP I 0 2002 SEP 1 0 2002 ,,,. &q IJiST OF PROPERTY OWNERS WITHIN 250 FEET OF THE PROPOSED VACATION: FARRELL, LORI A 88 SHORES AVE. NAPLES, FL 34110 PARCEL ~ MERTZ, JAMES F & BRENDA E. 117 COCOHATCHEE ST. NAPLES, FL 34110 PARCEL 064 AND PARCEL # 49 + S1/2 OF LOT #50 WELCH, ZEDA J WELCH, JOHN DAVID WELCH, JAMES DOUGLAS 64 SHORES AVENUE NAPLES, FL 34110 PARCEL 065 CARROLL, KATHLEEN 77 SHORES AVE NAPLES, FL 34110 PARCEL //45 CANEPA, CHRISTOPHER J & HELLA 85 SHORES AVE. NAPLES, FL 34110 PARCEL # 46 LEZAIL LESLIE F. 97 SHORES AVE. NAPLES, FL 34110 PARCEL//47 PHIl.LIPS, ANDREW & SUSAN 804 102~'~° AVE. N. NAPLES, FL 34108 PARCEL #48 PARIS, BARBARA SUE 452 SEABEE AVE. NAPLES, FL 34108 PARCEL # 51+ NI/2 OF LOT 050 COLLIER'S RESERVE LTD 3003 TAMIAMI TRA H~ N. NAPLES, FL 34103 PARCEL- COI JI.IER'S RESERVE TRACT "R' SEP 1 0 2002 $.C.T. HO. J NO. SUBOIVISION NO. SUBOIVISION P.B. PG. 1. PALM RIVER SHORES 3 27 2. COLLIER'S RESERVE 20 59-87 3. 4. 5. .B. C~G. G.C'.T. NO. $ HORSE CRE~.K G.C.T. 190. SEP 1 0 2002 Map Output Page 1 of~. ~IL Ma SEP 1 0 2002 http://gis~c~~~ierappraiser.c~m/serv~et/c~m.esri.esrimap.Esrimap?ServiceName=ccpa-design&C~ientVersi(... 4/12/2002 viap Output Page ?_of~. CCPA GIS - HTML Ma DPLS~ http://gis.collierappraiser.com/servlet/com.esri.esrimap'Esrimap?ServiceName=ccpa- SEP 1 0 2002 'x /.!1 ,.f ............ .4. D. 19 ~'~id west 20 Feet.f°r 9~. Feet to the c*r. Cur cf ~ circle of radius &O lent*; %bent. c~'.n.~o ~n ,.~.e ,,~,.~,~ c~r~e f:r 60 feet to the north Z~ne ~f ~d c~rcla; ~hmnce r,,n .e,,~he.s~..rl.v, :o ,~h~rly an~ ~o.~hu~t~r~y on the are of eni~ circle ~l.~ fee~ mcr* ~r ~o:'~ t~ ~n ~nterouctl, on wll, h a Z/r,~ 30 ~Qet ea..~ nf an~ ~ra]lel ~c the ther, c9 ~un we:.~ ~le~ ~aid ~o',th llne ~or 30 fee~ ~o ~hc po~n~ Gf begln~ng belr~ Th~ ~bcv,) =rn?~,y is d*eded ~m a ~Kht-o~-'~y to the ~blic. : In ~h~ event :'ch ri~'h~-o~-way l~ v~cated, lb~oned or o~hn~se s~ ceagp to be ~ ~el~m.nt Cori~r, ru~on. ' SEP 1 0 2002 EXECUTIVE SUMMARY VA-2002-AR-2044, RICHARD D. YOVANOVICH, OF GOODLETTE COLEMAN & JOHNSON, P.A., REPRESENTING CHRIS COX, REQUESTING A 30-FOOT VARIANCE FROM THE REQUIRED 40-FOOT REAR YARD SETBACK TO 10 FEET FOR PROPERTY LOCATED AT 4790 RADIO ROAD, IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained in a commercial development. CONSIDERATIONS: The petitioner requests a variance from the rear yard requirements for a cam'ash in the C-5 (Heavy Commercial) zoning district, which abuts residential zoning. The petitioner requests a 30-foot variance from the required 40-foot required rear yard for carwashes abutting residential zoning districts in the C-5 zoning district, to 10 feet. Site Development Plan SDP-2001-AR-793 was approved in 2001 for Simply The Best Carwash. The building met the increased setbacks for a carwash in the C-5 zoning district abutting residential zoning districts. The petitioner proposes to add a canopy to the south side of the building, within the required rear yard. The canopy will be used to shade employees while they vacuum customers' vehicles. Section 2.2.15 V2.2.1.4.h states that vacuuming facilities may be located outside the building, but may not be located in a required yard. Section 2.2.15 1/2 .2.1.4.b.(3) states that the rear yard setback is 40 feet. If granted, this variance would provide relief from both of these regulations. The subject site is adjacent to the Foxfire PUD. The Foxfire PUD permits residential and golf course uses, so it may be classified as a "residential zoning district". However, the area of the PUD that abuts the subject property is shown on the PUD Master Plan as "golf course maintenance area," and that is how it is developed. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. SEP 1 0 2002 GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The site is a developed commercial parcel. There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on July 18, 2002. The Commissioners heard the Staff presentation and a presentation by the petitioner. A motion was made by Commissioner Budd, seconded by Commissioner Adelstein, to recommend approval of the variance. The Planning Commission voted 8 to 0 to forward the petition to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: The subject parcel abuts a residential zoning district, but does not directly abut a residential use. If the parcel did not abut the Foxfire PUD to the east, the required rear vard would be 15 feet. Therefore, after analyzing the existing and proposed conditions, Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2044 to the BZA with a recommendation of approval for a 25-foot variance from the required 40-foot rear yard to 15 feet. The Community Development & Environmental Services Administrator determined that since both the Planning Commission and staff recommendations were for approval (although the encroachments recommended for approval are different); and there were no objections; the petition could be placed on the Board's Summary Agenda. 2 SEP I 0 2002 PREPARED BY: F~ISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: MLFRRA . AICP ,,,,.-SUSAN Y CURRENT PLANNiNG MANAGER DATE MARGA WUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: ..JOSEPH K. SCHM'ITT " DATE' cOMMU2qITY DEVELOPMENT & ENVmON~IENTAL SERVICES >,DMmISTRATOR execuUve summar'y,rVA-2002-AR'2011 ~A fr~ SEP 1 0 2002 MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JUNE 27, 2002 PETITION VA-2002-AR-2044 SIMPLY THE BEST CARWASH VARIANCE AGENT/APPLICANT: OWNER: Simply The Best Carwash, Inc. 4790 Radio Road Naples, FL 34104 AGENT: Richard D. Yovanovich Goodlette, Coleman & Johnson, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner requests a variance from the rear yard requirements lbr a carwash in the C-5 (Heavy Commercial) zoning district, which abuts residential zoning. GEOGRAPHIC LOCATION: The subject property is located on Radio Road west of Livingston Road and across from Commercial Boulevard. PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests a 30-foot variance from the required 40-foot required rear yard for carwashes abutting residential zoning districts in the C-5 zoning district, to 10 feet. SEP 10 2002 i! Site Development Plan SDP-2001-AR-793 was approved in 2001 for Simply The Best Carwash. The building met the increased setbacks for a carwash in the C-5 zoning district abutting residential zoning districts according to the following table: Co5 C-5 carwash abutting residential Front yard 25 50 Side yard 15 40 Rear yard 15 40 Yard adjacent to residential 25 n/a The petitioner proposes to add a canopy to the south side of the building, within the required rear yard. The canopy will be used to shade employees while they vacuum customers' vehicles. Section 2.2.15 '/2.2.1.4.h states that vacuuming facilities may be located outside the building, but may not be located in a required yard. Section 2.2.15 ½ .2.1.4.b.(3) states that the rear yard setback is 40 feet. If granted, this variance would provide relief from both of these regulations. The subject site is adjacent to the Foxfire PUD. The Foxfire PUD permits residential and golf course uses, so it may be classified as a "residential zoning district". However, the area of the PU~D that abuts the subject property is shown on the PUD Master Plan as "golf course maintenance area." and that is hoxv it is developed. SURROUNDING LAND USE AND ZONING: Subject: Carwash; zoned C-5 Surrounding: North - East - South - West - Radio Road ROW, across which is the Collier County Production Park; zoned I Foxfire golf course maintenance facility: zoned PUD Self-storage facility, utilized as "office-cot, dc"; zoned C-5 Undeveloped parcel; zoned C-5 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. 2002 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. The existing carwash was designed to meet the required setbacks. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property., which is the subject of the variance request? Yes. The site is adjacent to a residential zoning district (Foxfire PUD). However, the subject parcel abuts a portion of the Foxfire PUD that is utilized as a golf course maintenance facility. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship. Vacuuming can be done inside the building. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safeW and welfare? No. The current building, constructed within the existing setbacks, is a reasonable use of the land. However, the requested variance is the minimum required to use the land in the manner requested by the petitioner for more efficient use of the facility. Because the carwash is adjacent to the Foxfire golf course maintenance facility, there is little impact on the public health, safety and welfare. e Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller rear yard than the minimum required in the Heavy Commercial zoning district SEP 1 0 2002 I~g,., Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, this variance will allow a canopy and vacuum area to be closer to the rear lot line than other carwashes in the C-5 zoning district, which abut residential districts. If this car wash were not adjacent to a residential zoning district, the rear yard setback for the canopy and vacuum area would be 15 feet. The carwash abuts a residential zoning district, however, it does not abut a residential use. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The rear yard of the subject parcel is adjacent to a storage facility in C-5 zoning and the side yard is adjacent to a golf course maintenance facility. The site abuts residential zoning, but does not directly abut a residential use. 8. XVill granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is no land-related hardship associated with this variance request. There is an existing carwash at the site. The subject parcel abuts a residential zoning district, but does not directly abut a residential use. If the parcel did not abut the Foxfire PUD to the east, the required rear yard would be 15 feet. Therefore, after analyzing the existing and proposed conditions, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2044 to the BZA with a recommendation of approval of a 25-foot variance from the required 40-foot rear yard to 15 feet (the required setback if the parcel did not abut a residential zoning district). In addition, staff recommends that a condition be added that if the use as a carwash ceases for 180 days, the structure shall conform to the provisions of the Land Development Code in effect at that time. i~.~ r~ 4 SEP 1 0 2002 PREPARED BY: Ft~REISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: SffJSAN MURRAY, AICP DATE CURRENT PLANNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: ,.J6~PH K. SC!~M'I¢ D (~MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: VA-2002-AR-2044 Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN SEP 1 0 2002 Division of Corporations Page 1 of 2 Florida Department of State, Division of' Corpora tions wun,,.smibiz.org Public .Inlay Florida Profit SIMPLY THE BEST CAR WASH, INC. PRINCIPAL ADDRESS 4790 RADIO RD NAPLES FL 34104 Changed 05/06/2002 MAILING ADDRESS 4790 RADIO RD NAPLES FL 34104 Changed 05/06/2002 Document Number FEI Number Date Filed PO 1000025441 651082540 03 122001 State Status Effective Date FL ACTIVE NONE Registered Agent I Name & Address REINA. LEONARD P 500 5 AVE STE 502 NAPLES FL 34102 officer/Director Detail Name & Address Title COX, CHRISIOPHER 396 DOVER PLACE #103 PSD NAPLES FL 34104 LANGEVIN, SCOTT 396 DOg/ER PLACE #103 VID NAPLES FL 34104 .../cordet. exe?a 1 =DETFIL&n 1 =PO 1000025441 &n2=NAMFWD&n3 =0000 &n4=N&: SEP 1 0 2002 ~ I0 Division of Corporations Page 2 of 2 Annual Reports Report Year2002 I[[[ Filed Date05/06/2002 II Intangible Tax Il No Events No Name History Information View Document Image(s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT SEP I 0 2002 .../cordet.exe?a 1 =DETFIL&n 1 =PO 1000025441 &n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=& 819/2~u2 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: VA-2002-AR-2044 Date Petition Received: PROJECT #2001040054 DATE: 2/4/02 FRED REISCHL Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Chris Cox Petitioner's Address: 396 Dover Place, #103, Naples, Florida 34104 Telephone: .... (941) 643-9705 Agent's Name: Agent's Address: Richard D. Yovanovich 4001 North Tamiami Trail, Suite 300, Naples, Florida 34103 Telephone: (941) 435-3535 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Page Application for Variance Petition - 8/98 SEP 1 0 2002 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Unit Section 1 Twp. 50 Range Metes & Bounds Description: City State ~ Zip 25 Lot (s) Block (s) Property I.D. # 00385440505 See attached Application for Variance Petition - 8/98 Page 2 SEP 1 0 2002 n. 1'3 Address of Subject Property: (If different from Petitioner's address) 4790 Radio Road, Naples, Florida Current Zoning and Land use of Subject Parcel: C-5 Adjacent Zoning & Land Use: ZONING N C-5 S Industrial W C-5 E Industrial LAND USE Minimum Yard Requirements for Subject Property.': Front: 25' Comer Lot: Side: 15' Waterfi'ont Lot: Rear: 15' Yes [] No Yes [-] No x Application for Variance Petition - 8/98 A6f. NDA ITEM _~, SEP 10 20O2 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The request is for a 5 foot setback from the required 15 foot rear yard setback. The development proposed on the property is a full-service car wash and associated services. Thc Petitioner is recluesting a five foot variance to allow for the construction of a canopy to provid,~ cover and shade to the outside vacuum area. The property owner acquired the property on August 20, 2001. The property is unimproved at this time and an SDP has been applied for by the property owner. Application for Variance Petition - 8/98 Page 4 SEP 1 0 2002 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, slxucture, or building involved. The land is relatively narrow and it is difficult to configure the required facilities without a variance. The property to the south is a storage area and will not be in any way impacted by the requested variance. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The lot is narrow and access is shared with other property owners. The property is adiacent to a self-storage facility. The proposed variance is for the portion of the property facing the self-storage facility. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. A literal interpretation will work an unnecessary hardship on the applicant. The requested "structure" is an open air cover for employees to avoid having the employees work directly in the hot sun. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Application for Variance Petition - 8/98 The variance requested is the minimum necessary to cover the employees working outdoors. The variance is for an open air "structure" and will be unobtrusive visually and physically. The requested variance is consistent with other variances granted for similar projects. 3,.~_-'_.'-_~.~ I1'1~ ,sSEP 10 2002 Page Will granting the variance requested confer on the petitioner any special privilege that is demed by these zoning regulations to other lands, buildings, or s~'uctures in the same zoning district. ~ be tecl to the Petitioner. Other simil~l situated roe owners can re uest a variance. The re uested variance is consistent with variances anted for other similar ro'ects. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. ~ct will occur to the nei hborin roe . The nei hborin roe is a self-stora e ~The variance__q~_[~_~uested is f~"structure". Thus.~__~e "structure" will have__minimal imact visuallv and h sicall . Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, e*.c. The width of the lot is narrow. All roe owners share a common access omt. Due to the width of the lot ~e access the ro osed im rovement cannot occur without th~ed variance. Application for Variance Petition - 8/98 Will granting the variance be consistent with the growth management plan. ~ variance is consistent with the Growth Mana~ .,.,r [h SEP 1 0 2002 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o F COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) Ail property boundaries & dimensions b) Ali existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee and Data Conversion Fee, checks shall . be made payable to Collier CounW Board of Commissioners 8. Other Requirements- _ As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Application for Variance Petition - 8/98 Date Page SEP 1 0 2002 Sent by: Goo~lette,Colemanj&Jo~nson~PA 941 435 1218; 1211112001 10:26; #74~; Page 2t3 AFFIDAVIT Typ~l ~ Prmmt Name ~,~, ~ V'~ Lynn Gro~e~' ;~r My c~nn~n CC803046 (jorinto Type. ~r ~tamp N~me of Notary SEP 1 0 2002 SEP 1 0 2002 ' ~.,0'~ I , I SEP 1 0 2002 J~l [6 02 12~44~ FOXFIRE COMMUNITY RSSOC $41 643 6282 July [5, 2002 Lind¥- On the following l:~e >.ou w~l[ note that in an ¢.mai! from F~¢d Rei~ he [udicated d~at a le~ w~ mailed tu Ct~mm~u~itv Enginccrin~ which includ~ the w~ll r~ui~-ement As s~t~ to ~ou 1 ~vc ~qucst~ ~ c~p> o['the ie~cr but ~ve not hc~ fi~nx Fred Rei~l. We ~ve Bo objection ~ramin~ our ~rmi~iu~s t~' ti~c v~sl~c~ ~ lu~5 ~ they build th~ wall tl~t iS ~qui~d by [~.e count)' Ted ~eisler SEP 1 0 2002 RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002-AR-2044 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the pubhc; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being thc duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 30-foot variance from the required 40-foot rear yard setback to 10 feet for a canopy over a vacuum area as shown on the attached plot plan, Exhibit "A", in a C-5 Heavy Commercial Zone for thc property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of thc Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and VvT-tEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-2044 filed by Goodlette Coleman and Johnson, P.A., representing Simply the Best Car Wash, Inc., with respect to the property hereinafter described as: (Exhibit "B") be and the same hereby is approved for a 30-foot variance from the required 40-foot rear yard setback to 10 feet for a canopy over a vacuum area as shown on the attached plot plan, Exhibit "A", of the C-5 Heavy Commercial Zoning District wherein said property is located, subject to the following conditions: SEP 1 O 2002 1. This variance is for the encroachment shown in Exhibit "A" only. The encroachment is for a canopy over a vacuum area only. Any other encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. 3. If the use as a carwash ceases for 180 days or more, the structure shall conform to the provisions of the Land Development Code in effect at that time. BE IT RESOLVED that this Resolution relating to VA-2002-AR-2044 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2002. Petition Nuraber ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marjori~ M. Student Assistant County Attorney JAMES N. COLETTA, CHAIRMAN 2002 -! · I , I ,k II IIIIIIIII!111.111 = I; / VA-2002-AR-2044 III I EXHIBIT "A" SEP 1 0 2002 Exhibit "B"